Massachusetts -- Church history; Massachusetts -- History -- Colonial period, ca. 1600-1775; Puritans -- Massachusetts
The experiment has proved one of those memorable triumphs which mark an
era. Not only has the great conception of New England been accepted as
the fundamental principle of the Federal Union, but it has been adopted
by every separate State; and more than this, during the one hundred and
six years since the people of our Commonwealth wrote their Constitution,
they have had as large a measure of liberty and safety under the law
as men have ever known on earth. There is no jurisdiction in the world
where justice has been purer or more impartial; nor, probably, has
there ever been a community, of equal numbers, which has produced more
numerous or more splendid specimens of juridical and forensic talent.
When freed from the incubus of the ecclesiastical oligarchy the range of
intellectual activity expanded, and in 1780 Massachusetts may be said,
without exaggeration, to have led the liberal movement of the world;
for not only had she won almost in perfection the three chief prizes of
modern civilization, liberty of speech, toleration, and equality before
the law; but she had succeeded in formulating those constitutional
doctrines by which, during the nineteenth century, popular
self-government has reached the highest efficiency it has ever yet
attained.
A single example, however, must suffice to show what the rise of the
class of lawyers had done for individual security and liberty in that
comparatively short interval of ninety years.
Theocratic justice has been described; the trials of Wheelwright, and
of Anne Hutchinson, of Childe, of Holmes, and of Christison have been
related; and also the horrors perpetrated before that ghastly tribunal
of untrained bigots, which condemned the miserable witches undefended
and unheard. [Footnote: In England, throughout the eighteenth century,
counsel were allowed to speak in criminal trials, in cases of treason
and misdemeanor only. Nor is the conduct of Massachusetts in regard to
witches peculiar. Parallel atrocities might probably be adduced from
the history of every European nation, even though the procedure of the
courts were more regular than was that of the Commission of Phips. The
relation of the priest to the sorcerer is a most interesting phenomenon
of social development; but it would require a treatise by itself.]
For the honor of our Common wealth let the tale be told of a state
prosecution after her bar was formed.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account