By David Thomas Konig
Unusual by means of the serious price it assigns to legislations in Puritan society, this examine describes accurately how the Massachusetts criminal process differed from England's and the way fairness and an tailored universal legislations turned so necessary to bland members. the writer discovers that legislations steadily changed faith and communalism because the resource of social balance, and he supplies a brand new interpretation to the witchcraft prosecutions of 1692.
Originally released 1979.
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Additional resources for Law and Society in Puritan Massachusetts: Essex County, 1629-1692 (Studies in Legal History)
M. Knappen, Tudor Puritanism, pp. I 74? 233. 27. Nisr prius civil jurisdiction was technically distinct from the gaol delivery authority of the assize courts. See Coke, Fourth Institutes of the Laws of England, chap. 56; and J. S. Cockburn, A History of English Assizes, 1558-1714, p. 70. Assizes were held only annually in the three most remote counties of the north. , p. I 9 . 28. Donald Veall, The Popular Movement for Law Reform, 1640-1660, pp. 37-38. Sir Matthew Hale, "Some Considerations touching the Amendment or Alteration of Lawes," p.
G. M. Trevelyan, English Social History, p. 171, cited in J. H. Gleason, TheJustices of the Peace in England, 1358-1 640, p. I. 38. The reformed commission of the peace can be found in G. R. Elton, The Tudor [ I 41 L a w a n d Society in Puritan Massachusetts order corporal punishment, commit offenders to gaol, or call upon the physical might of the crown if necessary, the justices possessed the legal powers required to bring peace to an unruly population. As a result, they did not have to rely on the sanctions of the community.
39). For an English comparison, see E. H. , Quarter Sessions Records for the County of Somerset, I :xlviii, 156. 80. At this meeting the legislature also created the Standing Council and formalized the negative voice. Mass. Rec. I :I 67, I 70. Although the Town Act is generally considered by historians to be a single enactment, it was merely part of a larger comprehensive plan for effective local government in the colony. Perhaps one reason for historians' isolating the Town Act is an oversight committed by the clerk of the General Court when it was passed: he failed to enter the act with that day's business and later had to insert it where space allowed-with the business of April 1636.