Massachusetts -- Church history; Massachusetts -- History -- Colonial period, ca. 1600-1775; Puritans -- Massachusetts
From the decisions of such a judiciary the only appeal lay to a popular
assembly, which could always be manipulated. Obviously, ecclesiastical
supervision over the ordinary course of litigation was amply provided
for. The adjudication of the more important controversies was reserved;
for it was expressly enacted that doubtful questions and the higher
crimes should be judged according to the Word of God. This master-stroke
resembled Hilkiah’s when he imposed his book on Josiah; for on no
point of discipline were the ministers so emphatic as on the sacred and
absolute nature of their prerogative to interpret the Scriptures; nor
did they fail to impress upon the people that it was a sin akin to
sacrilege for the laity to dispute their exposition of the Bible.
The deduction to be drawn from these premises is plain. The assembled
elders, acting in their advisory capacity, constituted a supreme
tribunal of last resort, wholly superior to carnal precedent, and
capable of evolving whatsoever decrees they deemed expedient from the
depths of their consciousness. [Footnote: See Gorton’s case, Winthrop,
ii. 146.] The result exemplifies the precision with which a cause
operating upon the human mind is followed by its consequence; and the
action of this resistless force is painfully apparent in every state
prosecution under the Puritan Commonwealth, from Wheelwright’s to
Margaret Brewster’s. The absorption of sacerdotal, political, and
juridical functions by a single class produces an arbitrary despotism;
and before judges greedy of earthly dominion, flushed by the sense of
power, unrestrained by rules of law or evidence, and unopposed by
a resolute and courageous bar, trials must become little more than
conventional forms, precursors of predetermined punishments.
After a period of about half a century these social conditions underwent
radical change, but traditions remained that deeply affected the
subsequent development of the people, and produced a marked bent of
thought in the lawyers who afterward wrote the Constitution.
At the accession of William III. great progress had been made in the
science of colonial government; charters had been granted to Connecticut
and Rhode Island in 1662 and 1663, which, except in the survival of the
ancient and meaningless jargon of incorporation, had a decidedly modern
form. By these regular local representative governments were established
with full power of legislation, save in so far as limited by clauses
requiring conformity with the law of England; and they served their
purpose well, for both were kept in force many years after the
Revolution, Rhode Island’s not having been superseded until 1843.
Public-domain text, read in full here on John Shaqi.
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