…the people who founded the New England colonies in the early seventeenth century brought into being churches, civil governments, and a code of laws that collectively marked them as the most advanced reformers of the Anglo- colonial world.(Preface)
Thanks to these circumstances, the people who colonized New England were virtually unique in establishing a system of church governance that, as their critics angrily complained, shifted authority from the clergy to the laymen of the congregation and made church membership voluntary and selective. They were unique in accomplishing a thorough reform of the legal system that some in England wanted but could never accomplish.They were virtually unique in the care with which they built participation into every level of governance, from town and congregation to colony and confederation. They were singular in distributing land to households in the form of tenure known as freehold—that is, private ownership. 引自 全书摘要(WIP)
Whether of ordinary or elite status, the “people” who campaigned against the negative voice, the Standing Council, and judicial discretion wanted clear safeguards against the abuse of power.引自 全书摘要(WIP)
在1640中期,几个殖民地政府基本上建成,从中也形成了他们所认可的原则(P47-48),例如:
Certain “liberties” were “fundamental,” secured for all time in a written code or by general consensus;
One of these fundamentals reiterated a point in the Petition of Right, that the state could not take someone's property without the consent of that person's representatives. Particular to thecolonists situation was a related principle, that colony lands be distributed with broad- based consent;引自 全书摘要(WIP)
等等。
Chaper 2 The Making of Town Governments
Beginning with decision- making about land and taxes, the men in every town had many opportunities for making their opinions felt. The governance of towns, and, to an even greater extent, the governance of local congregations, was deeply participatory.引自 全书摘要(WIP)
Starting afresh, and with traditional hierarchies in disarray, the colonists put together a form of government designed to distribute land in ways that satisfied most people. There was near- universal agreement that the surest means of meeting this goal was to refer decision- making to as many townspeople as possible and, concurrently, to keep local officers on a short leash.引自 全书摘要(WIP)
Judges and juries would have agreed that the purpose of justice was to uphold righteousness, or the moral law spelled out in the Ten Commandments and elsewhere in the Bible. The ideal of righteousness and therefore scriptural precedents figured in every colony code (even Rhode Island’s) and permeated the judicial system, including the rules of evidence. But every trial that took place within this framework turned on the guilty party’s confessing hismisdeeds. Confession, not punishment, was the crucial moment in this drama, the one sure and certain means of purging a person and a society of the taint of sin—and every breach of the moral law contaminated the entire community. Confession had a double significance: socially, it discharged some of the fear, anger, and feelings of revenge that accumulated around misdeeds; and theologically, it deflected God’s anger at both person and culture. Justice within the framework of righteousness was about overcoming sin in people and communities, the same principle behind the practice of fast days and ceremonies of covenant renewal. Always, confession opened the way to reconciliation and restoration.引自 全书摘要(WIP)