Every Day Life in the Massachusetts Bay ColonyDow, George Francis
History
Every Day Life in the Massachusetts Bay Colony
Dow, George Francis
Massachusetts -- Social life and customs -- To 1775
The Courts of Admiralty held in the Colonies were composed of
certain officials designated in the Royal commission, including
the Governor, Lieutenant-Governor, the Judge of the Vice-Admiralty
for the Province, the Chief Justice, the Secretary, Members of the
Council, and the Collector of Customs. Counsel was assigned to the
accused to advise and to address the Court "upon any matter of
law," but the practice at that time was different from the present.
Accused persons in criminal cases were obliged to conduct their
own defence and their counsel were not permitted to cross-examine
witnesses, the legal theory at the time being that the facts in the
case would appear without the necessity of counsel; that the judge
could be trusted to see this properly done; and the jury would give
the prisoner the benefit of any reasonable doubt.
Trials occupied but a short time and executions generally took place
within a few days after the sentence of the Court was pronounced.
During the interval the local clergy labored with the condemned to
induce repentance, and all the terrors of hell were pictured early
and late. Usually, the prisoners were made the principal figures in
a Sunday spectacle and taken through the streets to the meetinghouse
of some prominent minister, there to be gazed at by a congregation
that crowded the building, while the reverend divine preached a
sermon suited to the occasion. This discourse was invariably
printed and avidly read by the townsfolk, so that few copies have
survived the wear and tear of the years. From these worn pamphlets
may be learned something of the lives and future of the prisoners as
reflected by the mental attitude of the attending ministers.
The day of execution having arrived, the condemned prisoners were
marched in procession through the crowded streets safely guarded
by musketeers and constables. The procession included prominent
officials and ministers and was preceded by the Marshal of the
Admiralty Court carrying "the Silver Oar," his emblem of authority.
This was usually about three feet long and during the trial was also
carried by him in the procession of judges to the courtroom where it
was placed on the table before the Court during the proceedings.
Public-domain text, read in full here on John Shaqi.
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