Dorothy Talbye Trial - Significance

Significance

In 1637, American colonial law regarding murder followed English common law, the basis of which was essentially biblical. The Bible was clear that the punishment for murder was death. Massachusetts law followed Exodus, Leviticus and Numbers, which offered no other alternative. Any person killing another in "anger or cruelty of passion" shall be put to death. Massachusetts's common law made no distinction between insanity and criminal behavior. The only punishment legally available for Dorothy Talbye was the death penalty.

In 1641, the Massachusetts Body of Liberties was written as a first step at developing a body of law for the Massachusetts Bay Colony. It codified the following, giving some allowance for special situations, although it may not have helped Dorothy Talbye: "Children, Idiots, Distracted persons, and all that are strangers, or new comers to our plantation, shall have such allowances and dispensations in any cause whether Criminal or other as religion and reason require."

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