The Emancipation of Massachusetts by Brooks Adams
page 156 of 432 (36%)
page 156 of 432 (36%)
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probate jurisdiction was given to the two held at Ipswich and at Salem.
From the judgments entered here an appeal lay to the Court of Assistants, and then to the General Court, which was the tribunal of last resort. The clergy and gentry pertinaciously resisted the enactment of a series of general statutes, upon which the people as steadily insisted, until at length, in 1641, "The Body of Liberties" was approved by the legislature. This compilation was the work of the Rev. Mr. Ward, pastor of Ipswich, and contained a criminal code copied almost word for word from the Pentateuch, but apart from matters touching religion, the legislation was such as English colonists have always adopted. A major-general was elected who commanded the militia, and in 1652 money was coined. The social institutions, however, have a keener interest, for they reflect that strong cast of thought which has stamped its imprint deep into the character of so much of the American people. The seventeenth century was aristocratic, and the inhabitants of the larger part of New England were divided into three classes, the commonalty, the gentry, and the clergy. Little need be said of the first, except that they were a brave and determined race, as ready to fight as Cromwell's saints, who made Rupert's troopers "as stubble to their swords;" that they were intelligent, and would not brook injustice; and that they were resolute, and would not endure oppression. All know that they were energetic and shrewd. The gentry had the weight in the community that comes with wealth and education, and they received the deference then paid to birth, for they were for the most part the descendants of English country-gentlemen. As a matter of course they monopolized the chief offices; and they were not sentenced by the courts to degrading punishments, like whipping, for their offences, as other criminals were. They even showed some wish at the outset to create legal distinctions, such as a magistracy for life, and a |
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