USA > Massachusetts > Commonwealth history of Massachusetts, colony, province and state, volume 1 > Part 20
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In spite of the activities of Walter Neal, their agent or "governor" at Piscataqua from 1630 to 1633, as Hubbard says, "After three laborious years, they returned to Eng- land with a 'non est inventa Provincia'." After winding up the Laconia Company, Mason became the owner of a large part of the shares. Mason sent over about seventy settlers and tradesmen (including eight Danes) and ex- pended prior to 1635 about £22,000 sterling, a very consid- erable fortune for that day, in clearing lands, building houses and providing for the "comfort and defence of his colony."
After the death of Mason in 1635 it was found impossi- ble to carry on the settlements. The servants desired their payment, and finally the lands and buildings were seized and divided amongst them.
In 1651 John Mason, Mrs. Mason's attorney, came to New England and claimed the settlement of Newichwa- nock. The matter was referred to the General Court of Massachusetts, who decided that the lands in question were in Massachusetts territory. They ordered on the judgment that a quantity of land with the privilege of the river be laid out to the use of the widow of Mason, and the other heirs. Captain John Mason, left by his will one thousand acres of land for "the maintenance of an honest, godly and religious preacher of God's word in some church or chapel or other public place that shall be appointed for divine worship within the said county of New Hampshire,"
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and also one thousand acres for the maintenance of a free grammar school "for the education of youth-in my said County of New Hampshire."
Another settlement not based on the Massachusetts grant was made in 1638 by John Wheelwright, at Swam- scott Falls, upon land asserted to have been purchased from the Indians. He and thirty-four others entered into a "Combination" (June 5, 1639), which has been called "the first government instituted by inhabitants within our [New Hampshire's] boundaries, of which there is an auth- entic record." By this document the signers bound them- selves to submit "to such godly and christian laws as are established in the realm of England to our best knowledge, and to all other such laws wh. shall upon good grounds be made and enacted amongst us." Similar combinations were made about the same time by the inhabitants of Dover and Pannaway (Little Harbor).
ANNEXATION OF NEW HAMPSHIRE TO MASSACHUSETTS (1636-1644)
The relations between the Colony of Massachusetts Bay and the New Hampshire settlements may best be seen by an examination of the notes and comments of Governor Winthrop in his History of New England. The General Court ordered (March 3, 1636) a "round house" to be built at Hampton, then Winnicumet, considered to be with- in its rule. It is clear from a consideration of the journal of Governor Winthrop that the rulers of the Bay had cast their eyes northward. The presence of the able, if un- savory, Burdet, of the bluff Underhill and others, notably Wheelwright, in these places, could not but be irritating to those who had just repressed a dangerous religious out- break.
In 1638 Winthrop notes the escape of a man arrested with others for killing an Indian who had fled to "Pasca- taquack" and apparently been aided to escape from there, with the caustic comment "it was their usual manner (some of them) to countenance, etc. all such lewd per- sons as fled from us to them." From that entry on there
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is evidence of growing irritation, especially with Exeter, culminating in the grim response to Burdet and others of "Pascataquack" in 1638: "Whereas there had been good correspondency between us formerly, we could not but be sensible of their entertaining and countenancing, etc., some that we had cast out-that our purpose was to survey our utmost limits and make use of them."
In June, 1644 the owners of the Hilton and Pascataqua patents, which had fallen into the hands of persons favor- able to the Bay Colony, sold their interests to the Bay Colony, reserving certain lands for themselves, with what- ever jurisdiction or rights they possessed. September, 1641, the Massachusetts General Court passed an act an- nexing Portsmouth and Dover. A few weeks later it was further provided that they should have the same admini- stration of justice as Ipswich and Salem; and that, until the commissioners who had been appointed to attend to these matters, should reach these settlements, the persons who already had authority under the "combinations" should remain in power.
The settlements had the right to choose two deputies to the General Court, and on September 27, 1641, the Court further made the significant order that all the pres- ent owners of the Pascataqua plantations who were the freemen, were to remain freemen and could send a deputy to the General Court, although they were not at present church members.
In 1643 Exeter was annexed, although not permitted to send a deputy, and Mr. Wheelwright removed to the Town of Wells. Thus all the New Hampshire settlements came under the jurisdiction of Massachusetts.
The reasons for these annexations are easy to see. The Laconia and Mason establishments were business enter- prises. They lacked leadership. The Exeter settlement was distracted by quarrels, by the presence of persons un- desirable to Massachusetts and, possibly, by the spies of Massachusetts herself. Mason died on the eve of his de- parture for New England and his associates quickly passed from political power. Massachusetts, then, with a shrewd- ness and subtlety which reflects credit on her leaders, did
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the logical thing. By consolidating the settlements the un- happy and discordant elements were thus brought under a strong, if harsh government.
ROGER WILLIAMS IN THE NARRAGANSETT COUNTRY (1631-1644)
The early history of Rhode Island centers around Roger Williams. Born in England about 1600 he was the recip- ient of a university education, and possibly a student at law under Sir Edward Coke. He landed in Boston Febru- ary 5, 1631, in the ship Lyon, bringing the reputation of a "young minister; godly and zealous having precious gifts."
Settling at Salem in 1631, he soon came into controversy with the clergy of the Colony. He held that "The power of the magistrates extended only to the bodies, and goods, and outward estates of men"; thus arguing that the eccle- siastical and civil powers were distinct, and that the of- ficers of each should confine themselves to their appropri- ate work.
Removing from Salem he spent two years in Plymouth, and later returned to Salem, where he was still over the church at the time that Endecott cut the cross of St. George out of the English flag (1634). The turmoil that followed, including an examination before the General Court, finally led to his banishment in 1635, he being ord- ered to depart within six weeks, an order which was stayed until the spring of 1636 on account of his infirm health.
Williams continued to trouble the authorities, so, it be- ing rumored that he had "drawn about twenty persons to his opinions and they were intended to erect a planta- tion about Narragansett Bay," Captain Underhill was sent to Salem, where he had retired, to take him and put him aboard a ship about to sail for England. It would appear however, that the "Ever-honored Governor," Winthrop, as Williams called him, had advised him of this action, for three days before, he escaped, to wander "one fourteen weeks" in a "bitter winter season" in the wilderness. He probably fled to Massasoit, at what is now Warren, Rhode
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Island, with whom he had become friendly during his so- journ at Plymouth.
Establishing himself first at Seekonk, he removed, upon being warned by Edward Winslow that this was within the patent of New Plymouth. About June, 1636, at Mooshassuc, at the head of Narragansett Bay, with "at least three persons," he founded "Providence." Title to this land, he obtained from Canonicus and Miantonomo, sachems of the Narragansett. A controversy later arose as to whether Williams acted as agent for his associates or for himself, but on at least one occasion he sturdily claimed the land for his own.
The little village established a "Combination," in which the heads of the several households were the chiefs, and which served its purpose until 1640 when a commitee ap- pointed by the inhabitants to prepare a plan of govern- ment, reported. The accepted report, entrusted the gov- ernment to five men called "Disposers" to be chosen five times a year. A method of arbitrating disputes was pro- vided for, and no newcomer was to be admitted if one in- habitant objected. It is significant to note, the provision, "As formerly hath been . . so still to hold liberty of conscience" which marks the doctrine of "soul-liberty." This agreement was changed by one made five years later, admitting, "poorer men" to the franchise.
In March 1638, the General Court of the Bay ordered William Coddington and other followers of Mrs. Hutchin- son, to quit the jurisdiction within two weeks, and they visited Providence where they were "courteously and lov- ingly received." Here, nineteen of their number March 24, 1638, signed an agreement incorporating themselves into a "Body politic," submitting to "Those perfect and most absolute laws" of Jesus Christ. Coddington was elected chief magistrate of the company which removed to the island, which they bought of the Narragansett sach- ems. Settling at Pocasset, now Portsmouth, they were joined by Mrs. Hutchinson in 1638.
In 1639, whether because of an increase of numbers or because of the disturbances of Samuel Gorton, who had come thither fresh from his Plymouth trials, Coddington
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and eight others signed an agreement to settle in "the midst of the island or elsewhere," the agreement contain- ing a provision by which "determinations" were to be "by major voice of Judge and elders ; the Judge to have a dou- ble voice." This agreement, made in the spring of 1639, was followed two days later by an agreement of the re- maining settlers of Pocasset who outnumbered the Cod- dington faction, acknowledging the supremacy of the Crown, and binding themselves to submit "unto his (the King's) laws according to matters of justice." William Hutchinson, the meek husband of Ann Hutchinson, was elected head of the colony in place of Coddington. The Coddington seceders settled at Newport in May 1639, and in the following March, representatives from Portsmouth and Newport, remodeled the original compact so as to pro- vide for a Governor, a Deputy, and four Assistants. At the second General Court held for the entire Island at Portsmouth in March 1640-41, it was declared that "the government which the Bodie Politick doth attend unto in this Island In favor of our Prince is a Democracie or Popular Government; that is to say, It is in the Powre of the Body of freemen, orderly assembled, or the major part of them, to make or constitute Just Lawes by which they will be regulated." Why Massachusetts was loath to transact business with, or, even courteously to treat "Those of Aquiday" is now apparent.
GORTON EPISODE (1640-1652)
Samuel Gorton,
"A fiery etter-cap; a fractious chiel, As het as ginger and as stieve as steel"
now appears upon the scene. Arriving at Portsmouth in the summer of 1640, he was at once in trouble, and removed to Providence in the spring of 1641, where he soon was guilty of "Bewitching and bemadding poor Providence." In 1643, Gor- ton removed to Shawomet now Warwick, where he bought a tract of land from Miantonomo and Pumham, the local sachem. Soon after, Punham and another neighboring
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sachem came to the Boston authorities, with one Arnold as interpeter, alleging that they were forced to assent to the sale to Gorton, and offering to submit to Massachus- etts.
These proceedings seem to have been stirred up by Ben- edict Arnold of Pawtuxet, who in 1641 petitioned Massa- chusetts for aid against Gorton when a dispute with Wes- ton, a Gortonist, had arisen. Then, the Bay had refused to interfere, hinting matters might be different if the peti- tioners submitted to the Bay jurisdiction, and Arnold and three others submitted accordingly in 1642. Gorton, at the time of the dispute, was living at Pawtuxet, and, on being notified of the action of the Bay, replied tartly and removed to Shawomet.
The action of Arnold at Shawomet had a different end- ing. An examination of Miantonomo and annoyances in- flicted upon the Gortonists by the sachems, together with notices to appear at Boston, having no other effect than to extract an extremely irritating and witty letter from Gor- ton to the "Great and honored Idol General now set up in the Massachusetts," forty soldiers and three commission- ers, were sent to Shawomet "To lay open the charges" against such a gadfly. A proposal for arbitration suggested by some of the Providence people was refused, and, after an opera-bouffé siege, Gorton and a few followers were cap- tured, removed to Boston, and their property thoroughly pillaged.
This arbitrary proceeding concluded by the trial of Gor- ton and the other prisoners before the General Court in the autumn of 1643, the judgment being that the prisoners, securely ironed, should be distributed amongst the various towns to work at hard labor under severe restrictions. In the following year, the people disliking their treatment, they were suddenly banished, and made their way to Aquidneck, where they were grimly warned not to venture to Shawomet. Gorton and two others went to England in the early winter of 1644. There Gorton prepared his Simplicitie's Defence, and, securing a hearing before the Earl of Warwick and his fellow members of the Commis- sion for colonial matters, plead his cause so effectually,
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that the Commission ordered that the Gortonists should be allowed "Freely and quietly to live and plant upon Shawo- met". There, Gorton and his associates lived, taking good care to call their abode "Warwick". Gorton acted as President of Providence and Warwick for about six months. (Oct., 1651-May, 1652.) His sect lasted for some time after his death.
CHARTER DIFFICULTIES OF RHODE ISLAND
In 1643, Roger Williams was sent to England by the Aquidneck and Providence colonists to obtain a charter. Massachusetts was not idle in the meantime, securing some months before the Rhode Island Charter was issued, what is called the Narragansett patent covering the present terri- tory of Rhode Island which was never legally granted.
On March 14th, 1643-44, Roger Williams obtained a charter for the "Incorporation of Providence Plantations in the Narragansett Bay in New England", granting the right of self-government to the towns already founded, by such governmental forms as the inhabitants should con- sider suitable for their condition, and prescribing that the laws and the penalties thereunder might, as near as could be, approach the English law. Territorially con- sidered, the grant was vague. It included the tract
"Called-Narraganset Bay, bordering North and North East on the Patent of the Massachusetts, East and South East on Plymouth Patent, South on the Ocean and on the West and Northwest inhabitated by the Indians called Narragansetts, the whole tract extending about twenty and seven English miles unto the Pequod river and country."
It was not until three years after Williams returned that, on May 19th, 1947, "The major part of the Colonie" met at Portmouth, once Pocasset, to form the government, the towns of Providence, Portsmouth, Warwick, and New- port being presented. This body declared that six "Dis- creet and able" men were to be chosen from each town to compose the legislative body, legislation largely to be initiated by the town-meetings, who were to transmit the
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result of their deliberations to the assembly. A referen- dum on measures passed by the assembly for the "Public weale" was provided, the executive power being lodged in a president, an assistant from each town, and other officers, including a treasurer. Judicial power was granted to a "General Court of Tryalls" as regards civil and criminal matters of importance, the "Common Council" of each town having charge of lesser matters. It is to be noted that it is stated that the "Forme" of government estab- lished was to be "Democratical," no person to be "taken or imprisoned" without "the lawful judgment of his peeres, or by some known law of the Generall Assemblie."
How this statement displeased some may be gathered from the action of John Bradshaw in England who granted as President of the Council of State, on April 3d, 1651, to William Coddington, an order appointing him Governor for life of "Aquedneck allias Rhode Island," with a council of six selected by the freeholders of Newport and Ports- mouth, indicating the intended severance of the main-land from Rhode Island, so called since 1644. This coup d'etat, "an unexplained episode", soon ended. Roger Williams and Doctor John Clarke "just breathed" from his Bay controversy, were sent to England where, in spite of the opposition of Connecticut and Plymouth agents, on Octo- ber 2nd, 1652, they procured an order from the Council of State annulling Bradshaw's decree. The restored gov- ernment functioned until the new royal charter was granted July 8, 1663. After the Restoration, efforts were begun to obtain a royal charter, and difficulties arose which resulted in prolonged controversy.
The Connecticut colony claimed to have a patent whose elastic character will be later noted. In April, 1662, they obtained from the Crown a charter covering practically the entire territory of what is now Rhode Island. This proceeding roused Doctor John Clarke who had remained in England. As a result a charter was granted to Rhode Island in 1663 in which the lands of the Atherton Land Company were placed within the limits of Rhode Island.
In 1659 and 1660, alleged depredations of the Niantic Indians had resulted in an order from the Commission-
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ers of the United Colonies in September, 1660, dooming Ninigret, sachem of tthe Niantics to surrender the alleged offenders, or to pay a large amount of wampum as a fine. On September 29, 1660, three of the Narragansett sachems executed a mortgage to pay this sum, and then speculators headed by Humphrey Atherton of Boston, and including John Winthrop, Junior, induced the Indians to give them, on October 13, 1660, a mortgage covering the remaining lands of the Narragansetts in consideration of the mort- gagees paying the fine. A provision that the mortgage was to become an absolute conveyance in six months if the money advanced was not repaid, became effective, and in the spring of 1662, three speculators went to the prem- ises in the southwestern part of the present Rhode Island, induced Ninigret to give livery of seizin, and settled. This arbitrary proceeding which has left a stain on the character of all concerned in it was resisted by the Rhode Island Colony.
Before the charter to Rhode Island was granted, the Company had been allowed, by what may be deemed a royal command, to determine whether or not they would come under Rhode Island or Connecticut. On July 3rd, 1663, the Company voted to come under Connecticut and this choice, ratified on the tenth of the following July by Connecticut, led the Company to name their location Wickford.
In 1664, the Royal Commissioners arrived in Rhode Island, received a submission from the Narragansett chiefs confirming their submission to the Crown made through the influence of Gorton in 1644; and on March 20th, 1665, set apart the Narragansett country from the Bay to the Pawcatuck river as "Ye Kings Province," ordering that "No person [shall] presume to exercise any jurisdiction therein but such as receive authority from us until his Majesties pleasure be further known," placing Rhode Island officials in charge. It was ordered that after the speculators had been reimbursed for their outlay, their mortgage should be cancelled and possession restored to the natives. On September 15th, 1665, a supplemental
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order was made permitting the occupants of the lands to posess them "During the royal pleasure."
The dispute as to the eastern boundary of Rhode Island was not finally adjusted until a period beyond the scope of this chapter. The dispute with Connecticut, and other disputes with Massachusetts over boundaries lasted well into the nineteenth century. Roger Williams brought a hand- ful with him, but the tide of immigration flowed on. The rise of the Quaker sentiment, despite Williams' efforts, is re- markable. The attitude of Massachusetts towards Rhode Island cannot be justified. Friendship existed between Win- throp and Williams. Massachusetts owed a debt to Wil- liams for his mediation with the Indians on many occasions which she never paid. Today her sons recognize that Williams, apostle of toleration, stands beside Winthrop: the twain, the greatest Americans of their age.
THE HEGIRA TO CONNECTICUT (1632-1639)
In the account of the development of other New Eng- land colonies, outside of Massachusetts, it is clear that the numerous northern settlements were based on grants of their own. As in Rhode Island a considerable part of the population came direct from England, did not pass through Massachusetts nor recognize the supremacy of that colony.
The new settlements to the southwest which eventually became the separate colony of Connecticut were for some time populated through Massachusetts. It was the first instance of the budding process by which the people, habits and institutions of Massachusetts have gone forth to carry their interests and their principles into other communities. That process of resettlement was also a striking illustra- tion of the practice of moving a community as a unit from England to America. We have seen in an early chapter of this volume that when the Massachusetts colony was founded, groups of English men and English women in families moved from some English town, carrying with them their Bibles, their ministers and their muskets, and in many cases the name of their original town, and settled down in the New World all together.
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One of the most striking examples of this process was the so-called Braintree Company, recruited in County Es- sex, England, which in 1631 arrived in Boston and founded a new Braintree a few miles to the south. Leader, guide and inspirer of this group was the Reverend Thomas Hooker, one of the ablest ministers of the brilliant, edu- cated body of Puritan parsons. Born in 1586, Hooker was a graduate of Emanuel College, that nursery of Puri- tan clergy. A lecturer, a schoolmaster, an exile to Holland, he arrived in Boston in 1633 where his flock had preceded him. Though made a freeman of the colony he was un- easy and with his flock moved to Cambridge. Even that favored place was not to their liking and the movable community made up its mind to plunge into the wilderness in 1634. Permission was asked by them of the Massachusetts government in 1635 and their request for leave to emigrate brought on a warm discussion in the General Court of the Bay Colony.
Quieted for a time by the enlargement of their lands, the Braintree folk renewed their application in 1635, and received leave to migrate, provided they remained under the jurisdiction of the Bay. Winthrop notes that, in the spring of 1636, Mr. Hooker and "most of his congrega- tion," went overland to Connecticut. It was a true mi- gration, the people carrying with them not only their household goods, but also their domestic animals. The Company settled on the present site of Hartford. A simi- lar application from part of the people of Watertown and Dor- chester, for leave to remove, was granted provided they remained under the jurisdiction of the Bay.
The emigration of these communities, under the leader- ship of their pastors, commenced in 1635, but was not completed until the summer of 1636. The congregations of Dorchester and Watertown settled near the first settle- ment at Hartford, and these three towns soon were assem- bled in the Colony of Connecticut. In February, 1637, the three towns took the names of Hartford, Wethersfield and Windsor, respectively.
It has been mooted as to why the people of three pros- perous communities in Massachusetts should desire to re-
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move to a country, which, though fertile, was inhabited by at least one tribe of fierce savages. Probably the "West- ward Urge," so characteristic of the American people, had much to do with it. But, the primary reason lay in the distaste of Thomas Hooker for the theocratic form of government. The broad and liberal propositions laid down by him in his celebrated election sermon have be- come the commonplace of American democracy ; but they were novel in England and seemed to many of his con- temporaries dangerous in America.
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