New England -- History -- Colonial period, ca. 1600-1775
In spite of the demands of the people in Massachusetts, however, it was
not until 1640 that a draft of a fundamental law seems to have really
been considered. The clergy and most of the magistrates had been opposed
to any limitation of arbitrary authority, and had fought the requests
with what their modern defender has called the weapon of “a good-natured
procrastination,” but which may have worn another aspect to some at the
time.[507] Finally, in 1641, an Abstract of Laws, or Body of Liberties,
was passed, which marked a distinct step forward, though by no means
assuring full protection. One draft, which was not, however, accepted,
was based entirely upon Bible texts, of which, characteristically, but
two were drawn from the New Testament and forty-six from the Old.[508]
Additional safeguards were required, and four years later, the whole
discussion as to specific penalties for specific offenses was again
reopened. The clergy and Winthrop still opposed any limitation upon
judicial authority, the Governor, indeed, going so far as to say that
God had made specific penalties only in certain cases, and as “judges
are Gods upon earth,” their power should not be more limited than
his—which might be denominated strong doctrine.[509] In spite of all
opposition, however, a new code, based in part upon the Body of
Liberties, was finally secured and printed in 1648, twenty years after
the first demand, and ten after Hooker's famous sermon at Hartford.[510]
Footnote 507:
Palfrey, _History_, vol. II, p. 22. For earlier efforts to secure its
passage, _cf._ _Massachusetts Records_, vol. I, pp. 174, 222, 279,
292; J. Winthrop, _History_, vol. I, pp. 191, 240.
Footnote 508:
_Cf._ _Mass. Hist. Soc. Coll._, Series I, vol. V, pp. 171 _ff._ The
Body as passed is in _Ibid._, Series III, vol. VIII, pp. 216 _ff._
Footnote 509:
_Massachusetts Records_, vol. II, pp. 92 _ff._; “Arbitrary Government
Described,” in R. C. Winthrop, _J. Winthrop_, vol. II, p. 448. _Cf._
also J. Winthrop, _History_, vols. I, pp. 388 _ff._, and II, pp. 67
_ff._
Footnote 510:
_Massachusetts Records_, vol. II, pp. 61, 168, 262.
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