Samuell Gorton: A Forgotten Founder of our Liberties; First Settler of Warwick, R. I.Janes, Lewis G. (Lewis George)
History
Samuell Gorton: A Forgotten Founder of our Liberties; First Settler of Warwick, R. I.
Janes, Lewis G. (Lewis George)
Gorton, Samuel, 1592 or 1593-1677; Rhode Island -- History -- Colonial period, ca. 1600-1775; Warwick (R.I.)
During the succeeding quarter of a century Samuell Gorton was active and
influential in shaping the destinies of the growing State. He occupied
the highest places of honor and responsibility at the gift of his
fellow-citizens, and was habitually called into service when sound
judgment, prompt and courageous action, and literary ability were
requisite. He represented Portsmouth in the Assembly at Newport in 1645.
He was chosen one of the Commissioners of the town of Warwick to the
General Assembly on his return from England, and served therein a
greater part of the time for the next two or three decades. He was
placed on the most important committees, and his pen was frequently
called into requisition to prepare State papers, and letters to the
magistrates of other Colonies, and to the representatives of the new
Commonwealth in England. Though absent in the Mother Country during the
first year of Colonial Government under the charter of 1643-44, his
political views were embodied in the remarkable Code of 1647, passed by
the first General Assembly of the United Colony, one of the earliest
compilations of law in American history. In the construction of this
Code, care was taken to avoid the errors of which Gorton had complained,
in the judicial procedure of the other Colonies, by making each section
conform to existing English law,[49] reference to the corresponding
English statute being placed at the end thereof.[50]
The provision respecting witchcraft is especially noteworthy as
indicating a prevailing scepticism in Rhode Island at a time when
Massachusetts was under the spell of the delusion, soon to break forth
in an appalling epidemic of persecution. The object of its introduction
is evidently the set purpose of conforming to English precedents rather
than a conviction of the legislators that the statute was demanded by
any real public necessity. The section reads:
“Witchcraft is forbidden by this present Assembly to be used in this
Colonie; and the Penaltie _imposed by the authoritie that wee are
subjected to, is felonie of death_.—I Jac. 12.”[51] The Code of 1647
also forbade imprisonment for debt, and is otherwise in advance of most
contemporary legislation. The temper of the Colony on the subject of
witchcraft is still further evidenced in the testimony of their
opponents,[52] who complained in an anonymous letter addressed to the
agent of Massachusetts in England a few years later, that the new
government was ignoring the English law. This epistle especially
stigmatized “some of them at Shawomet that cryeth out much against them
that putteth people to death for witches, for they say there be no other
witches upon earth, nor devils, but your own pasters and ministers, such
as they are.”[53] There was apparently never a prosecution in Rhode
Island under the statute against witchcraft.
Public-domain text, read in full here on John Shaqi.
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