Mar. apart and thus commenced the house of reprefentatives, as a diftinct body. The general court affumed fpiritual jurifdiction. Being church members, they might suppose they represented the churches, no less than the colony. They would 1636. approve of no churches, after a certain period, unless 8. they had the approbation of the magiftrates and elders of most of the churches within the colony; nor would admit to freedom any of their members. They preffed colonial uniformity in religion, till they became persecutors *. Whatever apology may be made for the treatment given to epifcopalians, baptifts and quakers, the colony cannot be cleared from the charge of perfecuting that, however, will not juftify thofe who perfecute with reproaches and ill-will the prefent generation, now reprobating the intolerance of their forefathers, which at that period was, more or lefs, the ftain of most religious parties. "It was not peculiar to the Maffachusetts people to think themselves bound in confcience, to ufe the fword of the civil magiftrate to convince, or cut off heretics, that fo they might not infect the church, or injure the public peace t." The true grounds of liberty of confcience, were not then known or embraced by many fects of chriftians. But remember that the Maffachufets-Bay now furpaffes the mother country, in its regard for the facred and civil rights of mankind. It not only exempts thofe of other denominations from paying to the fupport of its own colonial establishments, the congregational churches; and has been a great number of years in this laudable practice: but it protects all Maffachusetts Records, in many places. + Mr. John Calender's Century Sermon. I protestants proteftants without requiring any qualifying fubfcriptions or tefts, and excludes none by partial laws from the exercife of civil power. The government was in divers refpects abfolute. Both magiftrates and general court often judged and punished, in a fummary way, without a jury, according to difcretion, as occafions occurred. It was four years before it was enacted or ordered, that no trial should pafs upon any for life or banishment, but by a jury of freemen: and within three years after, that law was 1637. violated even by the general court. They exercised, while fitting, legislative, judicial, and executive powers -a practice which must ever be dangerous to the rights of a people, even when allowed to their own annual representatives. The country at length grew uneafy at these proceedings; were fufpicious that the general court affected arbitrary government; and earnestly expected a body of laws to direct and protect them in all their just rights and privileges *. It was the more neceffary to comply with the prevailing expectation, for the business had been long in agitation: not only fo, but a great majority of the inhabitants were not freemen, not being members of the congregational churches, or declining to take up their freedom, in order to fecure an exemption from ferving in civil offices. It was not, till 1648 that the 1648, body of laws was digested and printed. The conduct of the colony on the one hand, and the inveteracy of the English adminiftration on the other, would certainly have produced a revocation of the charter, and probably the ruin of the plantation, had Maffachusetts Records for the 4th of November, 1646, Vol. I. not not the disturbances in England prevented. It became a favorite, upon the change that followed them; and, while Oliver Cromwell ruled, met with the utmost indulgence. From 1640 to 1660, it approached very near to an independent commonwealth. The house of commons, in a memorable refolve of the 10th of March, 1642, paffed in favor of it, gives New England the title of kingdom t. The commiffioners for New England, fent over by king Charles II. affert in their narrative, that the colony folicited Cromwell to be declared a free state, which is not unlikely. It has been already mentioned, that all the perfons paffing over to the Maffachusetts did not confine themfelves to that colony. 1635. Several families removed to Connecticut river, by mutual agreement with their fellow emigrants that remained behind. Plantations were formed at Hartford, Windfor, and Weathersfield. The inhabitants being foon after fully fatisfied, that they were out of the Maffachusetts limits, and of courfe jurifdiction, entered into 1639. a combination among themselves; became a body politic, without restraining the freedom of their civil government to the membership of their churches; and proceeded to the choice of magiftrates and reprefentatives. By the articles of government, it was determined that there fhould be annually two general courts; and that no perfon fhould be chofen governor more than once in two years. But it must be observed, that the fame year, in which the families removed from the Maffachusetts, Lords Say and Brooke, with other Hutchinfon's Hiftory, Vol. II. P. 2 and 3. f Ibid. Vol. I. Hutchinfon's Collection, p. 420. P. 115. gentlemen, gentlemen, having obtained a grant, John Winthrop, efq; was appointed governor, took poffeffion of Connecticut river, and began to erect a fort (which he called Say-Brooke) to fecure the mouth of it. He was fupplied with men, provisions and all things neceffary, by a veffel from England, fent by the grantees, which arrived the latter end of November. Some of the grantees had in contemplation tranfporting themfelves, families and effects, to the territory they had obtained; but the defign of emigrating was laid afide, when matters began to take a new turn in their native country; and at length the agent, Mr. Fenwick, was authorized to difpofe of their lands, which were purchased, in 1644, by the people who had removed from the Maffachuffetts. Two large fhips arrived at the Massachusetts-Bay 1637 with paffengers from London. Great pains were taken to prevail upon them to remain in the colony; but they hoped by removing to a confiderable diftance, to be out of the reach of a general governor, with whom the country was then threatened. They fent to their friends in Connecticut to purchase of the natives the lands lying between them and Hudfon's river. They laid the foundation of a flourishing colony, of which New Haven was the capital. They, as Connecticut, formed a govern, ment, much like the Maffachusetts, by a voluntary agreement, without any charter, or commiffion, or authority whatsoever, from the crown or other powers in England. They admitted no one to any office civil or military, or to have a voice in any election, except he was a member of one of the churches in New England. They had no jury, either in civil or criminal cafes. VOL. I. D Connecticut Connecticut and New Haven continued two diftinét colonies for many years. At length the general court of Connecticut determined to prefer an address and petition to Charles II. profeffing their subjection and loyalty to his majefty, and foliciting a royal charter; and John Winthrop, efq; who had been chofen governor, was appointed to negotiate the affair with the king. He fuc1662. ceeded and a royal charter was obtained, conftituting the Apr. two colonies for ever one body corporate and politic. New Haven took the affair ill; and for fome time declined the union. But difficulties were amicably fettled 1665. at laft, and the colonies united by agreement. 23. 1685. The royal charter established a pure democracy. Every power, as well deliberative as active, was invested in the freemen of the corporation or their delegates, and the colony was under no obligation to communicate the acts of their local legislature to the king. It was the fame as to the royal charter, granted the next year to Rhode Island and Providence Plantations *. In July various articles of high misdemeanor were exhibited against the governor and company of Connecticut; and orders were given to iffue a writ of quo warranto forthwith against the colony. The next year two writs were ferved by Mr. Randolph; and after them a third in December. This is taken notice of by the governor and company in their letter of Jan. 26, 1686-7, wherein they mention their readiness to fubmit to his majesty's royal commands; and that, "if it be to conjoin them with the other colonies and provinces under Sir Edmund Andros, it would be more pleafing than to Chalmers's Political Annals, under Connecticut and Rhode be |