The Beginnings of New England: Or the Puritan Theocracy in its Relations to Civil and Religious LibertyFiske, John
History
The Beginnings of New England: Or the Puritan Theocracy in its Relations to Civil and Religious Liberty
Fiske, John
New England -- History -- Colonial period, ca. 1600-1775; Puritans
At first the deputies sat in the same chamber with the assistants, but
at length in 1644 they were formed into a second chamber with increased
powers, and the way in which this important constitutional change came
about is worth remembering, as an illustration of the smallness of the
state which so soon was to play a great part in history. As Winthrop
puts it, "there fell out a great business upon a very small occasion."
To a certain Captain Keayne, of Boston, a rich man deemed to be hard and
overbearing toward the poor, there was brought a stray pig, whereof he
gave due public notice through the town-crier, yet none came to claim it
till after he had killed a pig of his own which he kept in the same stye
with the stray. A year having passed by, a poor woman named Sherman came
to see the stray and to decide if it were one that she had lost. Not
recognizing it as hers, she forthwith laid claim to the slaughtered pig.
The case was brought before the elders of the church of Boston, who
decided that the woman was mistaken. Mrs. Sherman then accused the
captain of theft, and brought the case before a jury, which exonerated
the defendant with £3 costs. The captain then sued Mrs. Sherman for
defamation of character and got a verdict for £40 damages, a round
sum indeed to assess upon the poor woman. But long before this it had
appeared that she had many partisans and supporters; it had become a
political question, in which the popular protest against aristocracy was
implicated. Not yet browbeaten, the warlike Mrs. Sherman appealed to the
General Court. The length of the hearing shows the importance which
was attached to the case. After seven days of discussion, the vote
was taken. Seven assistants and eight deputies approved the former
decisions, two assistants and fifteen deputies condemned them, while
seven deputies refrained from voting. In other words, Captain Keayne has
a decided majority among the more aristocratic assistants, while Mrs.
Sherman seemed to prevail with the more democratic deputies. Regarding
the result as the vote of a single body, the woman had a plurality of
two; regarding it as the vote of a double body, her cause had prevailed
in the lower house, but was lost by the veto of the upper. No decision
was reached at the time, but after a year of discussion the legislature
was permanently separated into two houses, each with a veto power upon
the other; and this was felt to be a victory for the assistants. As for
the ecclesiastical polity of the new colony, it had begun to take
shape immediately upon the arrival of Endicott's party at Salem. The
clergymen, Samuel Skelton and Francis Higginson, consecrated each
other, and a church covenant and confession of faith were drawn up by
Higginson. Thirty persons joining in this covenant constituted the first
church in the colony; and several brethren appointed by this church
proceeded formally to ordain the two ministers by the laying on of
hands.
Public-domain text, read in full here on John Shaqi.
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