Old Cape Cod : $b the land, the men, the seaBangs, Mary Rogers
History
Old Cape Cod : $b the land, the men, the sea
Bangs, Mary Rogers
Cape Cod (Mass.)
The machinery of their government was of the simplest, and expanded,
as necessity came, with their growth. As provided in the Compact,
the Governor was elected yearly by general manhood suffrage. His
one assistant was soon replaced by a council of seven. For eighteen
years the legislative body, the General Court it is still called,
was composed of the whole body of freemen; and the qualifications
of a freeman were that he should be “twenty-one years of age, of
sober, peaceable conversation, orthodox in religion [as a minimum,
belief in God and the Bible], and should possess rateable estate
to the value of twenty pounds.” By 1639 the colony had grown to
require a representative form of government; and the two branches,
the Governor and Council and the town representatives, sat as one
body to enact laws. But save in a crisis, no law proposed at one
session could be enacted until the next, so that the whole body of
freemen could have opportunity to pass upon it—a clear case of the
“referendum.” As early as 1623 the community had outgrown its custom
of trying an offender by the whole body of citizens, and substituted
trial by jury. Capital offences were six as against thirty-one in
England—treason, murder, diabolical conversation, arson, rape, and
unnatural crimes—and of these only two came to execution. No one was
ever committed, much less punished, for “diabolical conversation.”
Smoking was forbidden outdoors within a mile of a dwelling-house,
or while at work in the fields: evidently there was to be no gossip
over a pipe with the farmer next door. In time this law was eased;
and though in the early days the clergy alluded to tobacco as the
“smoke of the bottomless pit,” they soon came to use it themselves
and “tobacco was set at liberty.”
Public-domain text, read in full here on John Shaqi.
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