USA > Massachusetts > The history of Massachusetts, the colonial period. 1492-1692 v. I > Part 27
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These Articles are twelve in number. The first fixes tho name: "The United Colonies of New England." The
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THE CONFEDERACY.
second is a declaration of a firm and perpetual league of CHAP. friendship, offensive and defensive, for preserving and prop -~ XI. agating the truth and liberties of the gospel, and for their 1643. own mutual safety and welfare. The third is an assertion of the right of jurisdiction of cach colony within its own limits, and confines the Confederacy to the four colonies forming it, unless otherwise agreed. The fourth states the rule to be followed in the apportionment of expenses upon the colonies, for the maintenance of war, by an assessment upon all males between the ages of sixteen and sixty. The fifth prescribes the course to be pursued by each colony in case of an invasion of its territory, to secure the aid of the rest ; and the quotas of men to be sent to their relief. The sixth gives to each colony power to elect two commis- sioners, fully authorized to act in its behalf; six of the eight agreeing upon any measure, the same to be binding ; otherwise, the propositions to be referred to the courts of the colonics, and concluded by their consent. The meetings to be held annually and alternately in the colonies on the first Thursday in September. The seventh provides for the election of a president of the board. The eighth pro- vides for the passage of general orders, and the rendition of fugitive servants and criminals. The ninth debars either colony from engaging in war, unless compelled to, without the consent of the rest. The tenth provides for calling extraordinary meetings. The eleventh proffers redress for grievances in the breach of these articles. And the twelfth is a ratification and confirmation of the whole. These measures were initiated May 19, 1643, and ratified on the 7th of the following September.1
Such was the New England Confederacy of 1643, the model and prototype of the North American Confederacy of 1774. That it was an assumption of sovereignty, is too
1 Winthrop, 2. 119-27 ; Morton's Hazard, vol. 2; Plym. Col. Laws, Mem., 120; IIubbard, 467-74; 308-14.
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THE CONFEDERACY.
CHAP. obvious to be denied; but it was the sovereignty of the XI, people, where all true power resides. The Charter of 1643. Massachusetts foresaw no such union. It was the product of circumstances equally beyond the prescience and the control of the King. To have prohibited it, would have been a detriment to the interests of the colonies. The credit of its accomplishment belongs to its framers; and the importance of its results vindicates its wisdom. Ma- jesty itself could not have legislated better for them. But Majesty was then prostrate, and the people were in power. There was no King to ask permission to act. Parliament had enough to do to maintain its own supremacy. The colonies, three thousand miles distant from England, leagued together for mutual defense ; and their Amphyctionic Coun- cil was as valuable and as important to them, as the greater Confederacies of the Old World, which the most loyal historians have applauded and approved.
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CHAPTER XII.
MASSACHUSETTS AND THE COMMONWEALTH.
FOR three years previous to, and for seventeen years CHAP. XII. following the Confederacy of 1643, the theatre of exciting events was transferred, in a great measure, from the New 1643 to 1666. World to the Old; yet these events exerted a powerful influence upon the fortunes of New England, strengthening and developing that deep love of freedom which constitutes the charm of our national history. The price of liberty is said to be eternal vigilance ; this liberty had been tasted here; and the boon was too precious to be cast lightly aside. It is no disparagement to our ancestors, it is rather to their honor, that they earnestly sought to secure this blessing, and to transmit it as an invaluable inheritance to their posterity. Freedom is the inalienable birthright of man. Dear is it to all, for it is God's gracious gift. And especially when based upon the gospel of Christ, when it breathes the air of spiritual life, and guides the soul onward to everything noble, is it the proudest and most elevating prerogative of our race. Such was the character of free- dom in New England. Progressively unfolding with the advancement of truth, it encountered at first the usual ob- stacles. It partook of the infirmities incident to humanity. It was blended with harshness, bigotry and intolerance. But the spirit was there, vital and animating ; and despite of these obstacles, it moved steadily on, enlarging with the expansion of thought and of feeling, rebuking the vio- lence of turbulent passions, and inciting to deeds of emi- nent worth.
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THE REVOLUTION IN ENGLAND.
CHAP. XII. Liberty in England existed but in name; and to its revival, that nation is largely indebted to the efforts of the Puritans. It has long been the fashion to deride this sect, and to brand it as an embodiment of cant and hypocrisy. Few have comprehended the importance of its mission ; fewer have awarded it its just meed of praise. It is so easy to misjudge ; it is so easy to join in the sneer against principles which are despised and contemned, that the spirit which animated the body of the Puritans has been undervalued, and lost sight of, by those whose prejudices incline them to speak lightly of every thing not according with their own views and opinions. Hence, even in our own day, Doctors of " the Church " have entered the lists to shiver a lance in the crusade against "Puritanism," and grave Tory Judges have sullied the purity of the ermine of justice, by repeating stale slanders, and retailing their wares as genuine and new. Magnum contumelie reme- dium, negligentia.
The revolution in England, which hurled from his throne and sent to the scaffold Charles the First and his wretched advisers, was an event which might have been prophesied years before it transpired. The monarch who tramples upon the necks of his subjects must expect retribution, unless the spirit of freedom is crushed out and annihilated. Tyranny weaves the web of its own destiny, and, when caught in the meshes, it struggles in vain to escape from its prison. Such was the experience of the ill-fated Charles; and those who had suffered the most from his cruelty, were the instruments to accomplish his ruin and death.
1629-40.
From the dissolution of the Parliament of 1629, to the assembling of the Long Parliament, in 1640, the nation was ruled, in civil affairs, by the tyranny of Charles and his Ministers of State, and in ecclesiastical affairs, by the ty- ranny of Laud and the prelates of the Church. This two- fold despotism arrayed against the government nearly all
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THE REVOLUTION IN ENGLAND.
the respectable portion of the nobility, the numerous body CHAP. of the Presbyterians, and the by no means insignificant. XII. party of the Puritans. The nobility, however, by birth and by station, were the advocates of royalty, and the friends of conservatism. The Presbyterians were favorable to a limited monarchy, if complaisant to their creed. The Puri- tans alone were the harbingers of republicanism. The three parties combined, proved a powerful opposition, which commenced a series of important reforms, broke up the High Commission Court, abolished the Star Chamber, sent Laud to the Tower, Strafford to the scaffold, and Finch into exile. But when these ends were attained, the nobility were satisfied ; and, fearing that innovation, if pushed too far, might terminate in anarchy, they inclined to retrace their steps, and to compromise with the King, listening too favorably to his protestations of fidelity to the interests of his subjects. The Presbyterians and Puritans were earnest to continue the work which had been begun, and to rectify abuses which had long been a subject of grievance and complaint. Contending for equality against privilege, and for freedom against prerogative, the assumptions of royalty they were determined to restrain ; the liberties of the people they were anxious to enlarge ; the corruptions of the church they were resolved to remove; and, resenting an act of the grossest injustice, an invasion of the rights and privileges of Parliament, the Monarch became a fugi- Jan. 4, 1641-2. tive and an exile from London.
The leaders in the Puritan ranks were no hair-brained fanatics : they were experienced statesmen and skilful poli- ticians : and worthily have they been cognominated "The Statesmen of the Commonwealth." Pym, Hampden, Vane and Sydney, are names of which England has as much rea- son to be proud, as of the worthies of the revolution of 1688; and, though the contest which they waged failed, because too much was attempted, these men, notwithstand-
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THE REVOLUTION IN ENGLAND.
CHAP. ing their errors, will ever be acknowledged, by the candid XII. and discerning, as friends of their country and champions of its libertics.
Ang 21, 1642. It was in 1642, that the sword was unsheathed, and the King and the Parliament were in battle array. The latter, for a season, struggled against difficulties, lacking disci- plined troops ; but when Cromwell enlisted, and his extra- 1641. ordinary genius was bent to remodel the army, a change was soon visible : the Ironsides were invincible : Charles was made prisoner : Parliament was purged : the Presbyte- rians were routed : the Puritans gained the ascendency : their chief became the arbiter of the destinies of the na- 1649-50. tion : the Monarch was beheaded : and England was de- creed a Commonwealth. But revolution stopped not here. The victorious troops were turned againt the Common- wealth, still loyal to liberty ; and Cromwell, by a fatal mis- take, pushed rashly on his schemes of personal aggrandize- ment, until he was declared Lord Protector, and pompously May 12, enthroned as the head of the State. In a twelvemonth 1657. more he was numbered with the dead. Richard, his son, was subdued by faction. Mark shared the same fate. And 1660. in 1660, royalty was restored ; the gay Charles the Second ascended the throne ; and, as the key to his reign, the first night of his return to London was signalized by the seduc- tion of a beautiful woman of nineteen, the wife of one of his subjects !
Dec., 1640.
These events, whilst transpiring, were regarded by all nations with wonder and amazement ; but in New England the struggle was deemed a struggle for religion. The news was not long in reaching these shores; and when it was reported that the Scots had entered England ; that a par- liament had been called; and that there was hope of a thorough reform ; some "began to think of returning back to England, and others, despairing of further help from thence, turned their minds wholly to a removal to the
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AGENTS SENT TO ENGLAND.
south."1 Mr. Cradock, the first Governor of the Massachu- CHAP. setts Company, was a member of the Long Parliament from n XII. the city of London. Sir Henry Vane, Lord Say and Seal, the Earl of Warwick, John Hampden, and Oliver Crom- well, all friends of America, also held seats in that memo- rable body. And it was probably from some of these that letters were received, advising that persons should be sent Mar. 16. to solicit for the colonies, and giving hope that their 1640-1. requests would be favorably entertained. But too prudent were the statesmen of New England to subject themselves voluntarily to external control. "If we put ourselves under their protection," they argued, " we must be subject to their laws, in which, though they may intend our good, it may be prejudicial to us." Hence the flattering invitation was respectfully declined, though agents were sent - Mr. Hibbins, Mr. Welde, and Mr. Peter - to " mediate ease in Aug. 3, customs and excise," and to obtain supplies for the benefit 1641. of learning.2
Shortly after, by visitors in England, a petition was pre- ferred "for redress of that restraint which had been put upon ships and passengers ;" and an order was passed, "that the colonies should enjoy all their liberties according to their patent :"-" whereby," adds Winthrop, " our patent, which had been condemned, and called in upon an erro- neous judgment, in a quo warranto, was implicitly revived and confirmed." 3
At the end of a year, Mr. Hibbins, one of the agents, Sep., 1642.
1 Winthrop, vol. 2.
' Mass. Rec's., 1. 332; Winthrop, 2. 30, 37-8; Hubbard, 371; N. E. Gen. Reg., 5. 235-6. The asser- tions of Chalmers, Ann., 172, and Revolt, 1. 84, we shall not stop to refute. In the Library of Harvard Co lege, is a volume of MS. Let- ters, &c., relating to the mission of Welde in England, the funds col- lected by him for a common stock,
the use of the poor, the trans- portation of poor children, the use of the College, the advancement of learning, the enlargement of the Library, and the conversion of the Indians, with the disposition of these funds, and a personal vindication from certain false charges, &c. See also Colonial papers, Mass. Archives, vol. 2. fol. 5.
3 Winthrop, 2. 50.
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PURITANISM IN VIRGINIA.
CHAP. returned, bearing letters from " divers Lords of the Upper XII. House, and some thirty of the House of Commons, and others from the ministers which stood for the independency of the churches," to Cotton, and Hooker, and Davenport, the three lights in the ecclesiastical firmament of the colo- nies, inviting them to sit as members of that body, known the world over as the " Westminister Assembly." Cotton and Davenport inclined to accept this invitation ; but Hooker, who was himself engaged in devising a scheme of polity for the churches of New England, " liked not the business ; " and, upon the receipt of other letters, inform- ing them of the breach between the King and the Parlia- ment, and advising delay, the design was relinquished.1
We have elsewhere remarked that the Colony of Vir- ginia was chiefly founded by members of the Episcopal Church. . There were, however, a few, at " the upper new farms," who were Puritans; and from these, now that there was a prospect of a change in affairs abroad, letters were received, earnestly entreating a supply of ministers, " whom, upon experience of their gifts and godliness they might call to office." This request was granted, and three clergymen, Knowles, of Watertown, Thompson, of Brain- Oct. 7, tree, and James, of New Haven, were sent, with letters of 1643. recommendation to Sir William Berkley, the Governor, to propagate Puritanism in the " Old Dominion." Entering immediately upon the duties of their office, the people gave them " loving and liberal entertainment," and the prospect seemed favorable of succeeding in their mission. But Governor Berkley had little sympathy with the religious or political principles of the propagandists ; and, so far was he from patronizing or protecting them in their work, that a previous law of the colony was applied to them, " for the preservation of purity and unity of doc-
Winthrop, 2. 92; Hubbard, 409; Hutchinson, 1. 111-12; 1 M. H. Coll, 9. 45.
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ACTION OF PARLIAMENT.
trine and discipline in the Church," which empowered the CHAP. Governor and Council to compel all, who could not produce XII. - - testimonials of ordination from some bishop in England, or who would not conform to the ritual and discipline of the Established Church, to depart immediately from the limits of the jurisdiction.1
But if Virginia had no sympathy with the Puritans, Parlia- ment, which was more powerful, contained many friends to their views; and, aware of the disadvantages under which the colonies had labored during the reign of Charles the First, an Order for their encouragement was passed, grant- Mar. 10, ing an exemption from taxes on exports and imports for a 1612-3. limited term.2 This Order was recorded, in token of grat- itude ; 3 but it was soon followed by another, of a less wel- 1643. come character, which appointed Robert, Earl of Warwick, Governor in Chief, and Lord High Admiral of all the Islands and Plantations in America, with five peers and twelve commoners as his council or assistants ; and empow- ered them to call in, as advisers, any of the planters within twenty miles of the places for holding their meetings; to examine all records relating to the colonies ; to appoint or remove governors and other officers at their discretion ; and to assign such portion of their powers as they saw fit, to residents of the colonies or others, to be exercised in trust. It is probable that this commission was principally designed to apply to the West Indies; but, as its terms included all the colonies, all were under its control, and protections and patents were granted, and sub-commissions issued for the furtherance of its objects.4
1 Mass. Rec's., 2. 27; Winthrop, 2. 93-4, 115-16, 198-9; Cotton's Way, 76-7; Hubbard, 410-11; Johnson, in 2 M. II. Coll., 8. 29- 32; Chalmers, Ann., 121, and Re- volt, 1. 85; Henning, 1. 277, Act. 64; Trott's, Laws, Art. Va .; Holmes, 1. 271, &c.
2 Maritime Papers, vol. 1. fol. 23,
Mass. Ar .; Winthrop, 2. 118, 289; Hubbard; Hutchinson, 1. 110-11; Chalmers, Ann., 175-6, and Revolt, 1. 90; Hazard, 1. 494; Anderson, Hist. Commerce, 2. 404-5.
3 Mass. Rec's., 2. 34; Hazard, 1. 496.
+ Hazard, 1. 533.
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SEIZURE OF A SHIP AT CHARLESTOWN.
CHAP. XII. Of one of these sub-commissions, Massachusetts was des- tined to experience the inconvenience. This was granted March, 1641. to Capt. Stagg, authorizing him to take all vessels, inward or outward bound, from Bristol, Barnstable, and Dartmouth, in hostility against the King and Parliament, and to visit all ships, in any port or creek, seizing and confiscating those which refused peaceably to submit. In the harbor between Boston and Charlestown, there lay a small Bristol Jun. 23. ship, laden with fish for Bilboa; and this vessel was visited by Capt. Stagg, who produced his commission, and demanded its surrender within half an hour. The news of this act spread like wild-fire through the town, and before the half- hour expired, Windmill, now Copp's Hill, was thronged with spectators to see the issue, among whom were some interested in the ship, especially a Bristol merchant, who " began to gather a company, and to raise a tumult," for which he was arrested, and committed until the excitement was over.1
As there was to be a Court soon at Salem, thither Capt. Stagg was cited to appear; but the ministers, thoroughly aroused, began publicly from their pulpits to condemn his proceedings, and to exhort the magistrates to "maintain the liberties of the people," which were violated by this act. Some were in favor of forcing the commissioner to restore the ship; but the majority being of a different judgment, he was permitted to retain it.
The grounds taken in this discussion are worthy of notice. "This," said they, " can be no precedent to bar us from opposing any commission truly dangerous to our liberties ; for it is the motto of the present powers, that salus populi is suprema lex. It will be unwise to oppose Parliament while the King and the European States are hostile, as thereby we shall be left open as a prey to all men. The power of Parliament lawfully extends to pe-
1 Maritime; Papers, vol. 1. fols. 140-1; Mass. Rec's., 3. 31.
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POLITICAL DISCUSSIONS.
culiar and privileged places, where the King's writs would CHAP. be of no force, as in the Duchy of Lancaster, the Cinque XII. Ports, and in London itself. We have openly declared 1044. our affection to the cause of reform in England, and to rise up in opposition now, will afford a pretext to those of Virginia and the West Indies to confirm them in their rebellious course, and will grieve our friends. If goods are unlawfully seized, order will without doubt be taken for their restoration. And finally, should parliament itself hereafter be of a malignant spirit, and the colonies strong enough, salus populi may then be made use of to withstand any authority from thence to our hurt."
On the other hand, it was said : " Massachusetts is even now a perfecta respublica, not subject to appeal, nor to the control of any power exterior to itself." But to this it was replied, that, "though the patent freed them from appeals in cases of judicature, it did not free them in point of state, for the King could not create a republic in such sense, nor had he absolute power without Parlia- ment." 1
Already had the colonists become a race of politicians, and discussions of abstract questions of government, having their foundation in clemental as well as in actual truth, were common in the community. As in the army of Xeno- phon, so in Massachusetts, boundless liberty of speech was indulged ; and the magistrates and the clergy, the civil and spiritual Xenophons, were as earnest as any. Political discourses were frequently delivered ; and at every annual Court, one of the ministers was appointed to preach an " Election Sermon." The power of the clergy was every where felt, and seldom was any affair of importance under- taken without their advice. Yet their decisions were not blindly followed. They were scanned by the people, dis-
1 Winthrop, 2. 222-5 Hubbard, 474-7; Mass. Rec's .. 2. 79, 82, 113, 121.
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POLITICAL DISCUSSIONS.
CHAP. cussed by the magistrates, revised by the delegates, and XII. only adopted so far as they were regarded as sound and judicious.1 One or two instances illustrating this state- ment, will afford an insight into the temper of the times.
Mr. Nathaniel Ward, of Ipswich, the framer of the " Body of Liberties," and the author of that singular work, the " Simple Cobler of Agawam," a republican of great energy, and fearless in the expression of his opinions, 1611. delivered a sermon, "grounding his propositions upon the old Roman and Grecian governments," and advising the people to " keep all their magistrates in an equal rank." He also opposed the practice, then common, of giving pri- vate advice in suits at law. " But," said the magistrates, with no little warmth, "are we to be tied down to old Roman and Grecian precedents ? If God makes men wiser than their neighbors, and if these times have the advantage of former times, in experience and observation, can we not, by these helps, frame better than heathen laws ? Be- sides, to make all magistrates equal, is against the practice of Israel, where some were rulers of thousands, and some of but tens. And if magistrates may not give private advice, we must have lawyers to plead in our courts ; and of this dreaded fraternity we are now happily clear. If magistrates may not grant original processes, for what pur- pose are they entrusted with power ? By noticing cases before they are brought to court, difficulties may be often ended without charge or trouble. Such pre-knowledge, also, saves time in arguing cases. It is allowed in crim- inal, and why not in civil suits ? If it is objected, that the magistrates are in danger of being prejudiced, if the thing itself is good, it should not be rejected because of the temptations incident to it, for in the least duties men are exposed to great temptations."2
1 Cotton's Way, 67, and the Pref.
' Winthrop, 2. 42-3.
to that rare work of John Norton, in reply to Pynchon.
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POLITICAL DISCUSSIONS.
Upon another occasion, Mr. Ezekiel Rogers, of Rowley, CHAP. preached, described the qualifications of a chief magis- XII. trate, and sought to dissuade the people from choosing the . May 10, 1613. same person twice in succession : but his discourse did not prevent the re-election of the former incumbents. 1
The most exciting discussions, however, were between the magistrates and the deputies. One of these related to the appointment of the Court preachers. At first, such appointments were made by the assistants; but when the house of deputies was established, they claimed the appoint- ing power.2 It was by the freemen that Mr. Ward was chosen, in 1641, and Mr. Rogers, in 1643. These, there- fore, represented the democracy of the country, as the preachers chosen by the assistants represented the aristoc- racy. In 1645, the contest was brought to an issue. At 1645. the preceding October Court, Mr. Norton, of Ipswich, was Oct., chosen by the deputies to preach at the next election ; but two months before the election, the magistrates met, and chose Mr. Norris, of. Salem. Here were two chosen : which should officiate ? It was put to the vote, and the deputies triumphed. The choice fell upon Mr. Norton, and Mr. Norris was rejected. The magistrates were cha- grined at this defeat, and expressed their fears that, by submitting to such decisions, countneance would be given to unjust usurpations. "Out of court," said they, " the deputies have no power. The magistrates are the stand- ing council, and they alone are authorized to act at such times." 3
Yet even of the magistrates, there were some of a dif- ferent opinion ; and one of these, Mr. Richard Saltonstall, published a book against the standing council, as a "sinful 1642.
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