By David Thomas Konig
Special by means of the severe price it assigns to legislation in Puritan society, this learn describes accurately how the Massachusetts criminal process differed from England's and the way fairness and an tailored universal legislation grew to become so important to bland contributors. the writer discovers that legislations progressively changed faith and communalism because the resource of social balance, and he offers a brand new interpretation to the witchcraft prosecutions of 1692.
Originally released 1979.
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Extra info for Law and Society in Puritan Massachusetts: Essex County, 1629-1692 (Studies in Legal History)
Even the radically presbyterian classis of Dedham, which tried to eschew all civil authorities in its affairs, sometimes had to enlist their aid. As it 5 I . Sheppard, England's Balme, pp. 62-63. 52. Winthrop Papers, 1:3 10. 53. Smith, County and Court, p. I 12. That author cites M. G. Davies that justices enforced a new apprenticeship law "only when it met an urgent need of the local community or was in harmony with strong public sentiment" (The Enforcement of English Apprenticeship, p. 162).
Wall, Massachusetts Bay, pp. 51-32. 62. Thomas G. Barnes, "Law and Liberty (and Order) in Early Massachusetts," pp. 78-79. , Lawyer, in Boston, Massachusetts Bay, from June 27, 1638 to July 29, 1 6 4 1 , pp. XV, 45. " These magistrates spent much of their time in the first years of the colony's existence in exercising powers that were as broad as those wielded by the justices of any borough corporation in England. They took their status and powers seriously and guarded them jealously: when Israel Stoughton had the temerity in I 63 5 to challenge them by "affirmeing the Assistants were noe magistrates," he was barred from office for a year.
Rutman, Winthrop's Boston, pp. 43-44. [2z] Law a n d Society in Puritan Massachusetts to lay mulks and penaltyes for breach of theis orders, and to levy and distreine the same, not exceeding the some of x x ~[hillings];also to chuse their owne particular officers, as constables, surveyors for highwayes, and the like; and because much busines is like to ensue to the constables of severall townes, by reason they are like t o make distresses, and gather Fynes, therefore that every towne shall have two constables, and where there is neede, that soe their office may not be a burthen unto them, and they may attend more carefully upon the discharge of their office, for which they shalbe lyeable to give their accompts to this Court when they shalbe called t h e r e ~ n t o .