The history of the rise, progress, and establishment of the independence of the United States of America, Vol. 1 (of 3) : $b Including an account of the late war, and of the thirteen colonies, from their origin to that periodGordon, William
History
The history of the rise, progress, and establishment of the independence of the United States of America, Vol. 1 (of 3) : $b Including an account of the late war, and of the thirteen colonies, from their origin to that period
Gordon, William
United States -- History -- Colonial period, ca. 1600-1775; United States -- History -- Revolution, 1775-1783
[May, 1634.] Instead of the freemen’s appearing personally in the
general court, they for the first time sent deputies, to the number of
twenty-four. This was a variation from the charter which gave no power
to admit representatives. These with the governor, deputy-governor, and
assistants, formed the legislature of the colony, met and voted together
in one apartment till March 1644, when it was ordained, that the
governor and assistants, should sit apart: and thus commenced the house
of representatives, as a distinct body.
The general court assumed spiritual jurisdiction. Being church members,
they might suppose they represented the churches no less than the
colony. [March 8, 1636.] They would approve of no churches, after a
certain period, unless they had the approbation of the magistrates and
elders of most of the churches within the colony; nor would admit to
freedom any of their members. They pressed colonial uniformity in
religion, till they became persecutors[17]. Whatever apology may be made
for the treatment given to episcopalians, baptists and quakers, the
colony cannot be cleared from the charge of persecuting: that however
will not justify those who persecute with reproaches and ill-will the
present generation, now reprobating the intolerance of their
forefathers, which at that period was, more or less, the stain of most
religious parties. “It was not peculiar to the Massachusetts people to
think themselves bound in conscience to use the sword of the civil
magistrate to convince, or cut off heretics, so that they might not
infect the church, or injure the public peace[18].” The true grounds of
liberty of conscience, were not then known or embraced by many sects of
christians. But remember, that the _Massachusetts-Bay_ now surpasses the
mother country, in its regard for the sacred and civil rights of
mankind. It not only exempts those of other denominations from paying to
the support of its own colonial establishments, the congregational
churches; and has been a great number of years in this laudable
practice; but it protects all protestants without requiring any
qualifying subscriptions or tests, and excludes none by partial laws
from the exercise of civil power.
The government was in divers respects absolute. Both magistrates and
general court often judged and punished, in a summary way, without a
jury, according to discretion, as occasions occurred. It was four years
before it was enacted or ordered, that no trial should pass upon any for
life or banishment, but by a jury of freemen: and within three years
after, [1637.] that law was violated even by the general court. They
exercised, while sitting, legislative, judicial and executive powers—a
practice which must ever be dangerous to the rights of a people, even
when allowed to their own annual representatives.
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