.. unlesse it be by virtue or equitie
of some expresse law of the country waranting the same, ... or in case of
the defect of a law in any parteculer case by the word of God. And in
capitall cases, or in cases concerning dismembring or banishment according
to that word to be judged by the Generall Court." [Footnote: _Mass. Hist.
Coll._ third series, viii. 216]
The whole of the subtle policy, whereof this legislation forms a part,
well repays attentive study. The relation of the church to the state was
not unlike that of Samuel toward Saul, for no public man could withstand
its attack, as was demonstrated by the fate of Vane. Much of the story has
been told already in describing the process whereby the clergy acquired a
substantial ascendency over the executive and legislature, through their
command of the constituencies which it was the labor of their lives to
fill with loyal retainers. Nothing therefore remains to be done but to
trace the means they employed to invest their order with judicial
attributes.
From the outset lawyers were excluded from practice, so the magistrates
were nothing but common politicians who were nominated by the priests;
thus the bench was not only filled with trusty partisans without
professional training or instincts, but also, as they were elected
annually, they were practically removable at pleasure should they by any
chance rebel.
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