The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-09-26
COLONIAL LAWS.

.-s COLONIAL LAWS.
No State gives better illustration |
of the natural growth of law making |
through a representative body than Mas |
sachusetts, At the first settlement OF
the colony the freeman showed no de-
size to take part in the Government.
The charter of March 4, 1929, provided
for Governor. Deputy Governor and
eighteen assistants, to be chosen from
time to time out of the freemen Of the
company, whereof seven assistants, to-
gether with two officers, we're TO be q
quorum, Four times year new mem
bers were to be admitted in Great and
General Court, hut for several years the
powers of the General Court were allow
ed to lie dormant. In fact, at the first
General Court a vote was passed that
the Governor and Deputy Governor
with the assistants SHOULD have the
power OF making laws and choosing
officers to execute the same" The idea
of popular government was so vague
that the charter expressed the command.
80 as such laws and ordinances be not
contrary or repugnant to the laws and
statutes of this our realm of England"
and in 1886 a curious experiment was
made in the form Of council for life,
the scheme being connected with Ger.
tain proposals by Lord Pay and Seleand
others in England to join the colony If
hereditary rank and privileges were con-
ceeded. In 1884 there arose the first de-
termined feeling that the freemen should
share in the Government, and at the
meeting of the General Court May IA,
1884, there were present, besides the
Governor, Deputy and six other assist
ants, twenty-four deputies, undoubted'
ly sent by new towns ii. e.,Cambridge).
Watertown, Charleston, Boston, Rox-
bury, Dorchester, Saugus ii. e.,Lynn)
and Salem-three from each place. AL
though the General Court from that
time exercised it's powers vigorously, no
general code or system of laws was en-
acted until 1885, when Gov. Winthrop
confirmed q vote of the General Court
with the words: at was agreed that some
men be appointed to frame body OF
grounds of laws, in resemblance TO a
Magma Charta, which being allowed by
some of the ministers and the General
Court should be received for fundamen-
tai laws" After many delays Governor
Winthrop was able to write in regard to
the General Court of December, 164l ;
"1his session continued three weeks,
and established one hundred laws,
which were called the Body of Liber
ties"
The valuable task of making a reprint
of these famous laws has been accom-
plished under the supervision OF William
H. Whitmore, Record Commissioner
His book, "The Colonial Laws Of Massa'
chusetts, reprinted from the edition Of
1860, with the supplements to 1879, con,
tanning also the Body of Liberties Of
1641, has been published by order OF
the City Council of Boston, 1t contains
a true copy of Nathaniel Wades code,
which cannot be COMPOUNDED with John
Cotton's code, which was prepared but
not adopted, and which has been often
put forward as the genuine code, The
"Body of LiberCies" was incorporated
into the earliest systems Of laws, and
can be traced with only trifling changes
in the edition of Laws OF 1850. For 9
legal study, the whole code is valuable
to student Of history, it is important
as a means Of tracing the growth OF
free State, the originator of many later
communities; to satisfy popular curios
ity, a few laws show the spirit OF the
early settlers of Massachusetts,, What
a significant law the following: Every
man of or within this Jurisdiction shall
have free libertie, not withstanding any
Civil power to remove both himself,
and his familie at their pleasure out Of
the same, provided, there be no legal
impeachment to the coDtrarie." ThiE
law seems TO have been modified, for in
1869 the law in regard to persons adding
the Quakers, ETC., stated 1.-THE Court or
perusal of the law, title Arrests, resolve
that the treasurers of the several counties
are and shall hereby be empowered to
sell the said person to any of the Eng
lish nation ct Virginia or Barbadoes.
The law granting the "libertie" of the
"plantife and defendant to mutually
consent to choose whether they shall be
tried by the bench or Jury. unless it be
when the law upon just reason hath
otherwise determined" shows the spirit
of the forefatbers. The law in regard tc
imprisonment for debt is an interesting
sign of past ages.
"No mans person shall be Arrested, oil
imprisoned upon execution or judgment
for any debt or fine, If the law can find
competent means of satisfaction other
wise from his estate, and if not his per
son may be arrested and imprisoned
where he shall be kept at his owr
charge, mot the plaintiffs, till satisfaction
be made; unless the Court that had cog.
nizance OF the cause or some Superior
Court shall otherwise provide"
But "libertie" was not construed into
license, as the laws regarding various
punishments prove. A very curious law
enacts
mo man shall be beaten with above
40 stripes, nor shall any true gentleman
be punished with whipping, unless bis
crime be very shameful, and his course
of life vitious and profrgate."
One law states:
For bodilie punishments we allow
among US none that are inhumane, Bar
barous or cruel"
The laws of 1860 contained some severe
penalties, and intermediate laws were
strict in Furnishing any one for multi
plying profane oaths," and in prohibit
ing bowling or any other play or Ramt
in public houses" the spirit of the frs
code IS tempered with mercy; and in al
probability, the code was milder thar
the laws then extant in England.
"No man shall exercise any TirraDy Of
CrueltIe towards any brute Creature
which are usuallie kept for mans use.
IF any man shall have occasion II
leade or drive Cattel from place to place
that is far of, 20 that they be weary, o.
hungry, or fall sick, or lambe, ltshall b.
lawful to rest or refresh them, for I
competent time, in a1y open place tina
ia not leane, meadow, or inclosed TO
some peculiar use," are laws rejecting
credit upon the humanity of tn
trainers.
An especial law, which Is worth quot
ing, showed the Puritan leaning upol
, religious inspiration
'No custome or prescription shall eve
, prevaile amongst us in any morall cause
our meaneing is maintaine anything
that can be proved to be morrallie ain
full by the word OF God"
The old English custom OF wife beat
! ing probably required the following law
3 "Everie married woman shall be fire.
g from bodilie correction or stripes by he
husband ,unlesse II be in his own defens
upon her assault. II there be any jus
cause Of correction, complaint shall b
= m ada fo lnthoritia aaaan hia1 in aOm