The Emancipation of Massachusetts

splendor of the Renaissance. Political schemes and papal abuses may have precipitated the inevitable outbreak, but in the

command the blind obedience of the Christian world. Between such adversaries compromise was impossible; and those who afterward revolted against the authority of the traditions of Rome sought refuge under the shelte

n what he accepted; his heresy lay in the denial of enigmas from which his understanding recoiled. The mighty convulsion of the Reformation, therefore, was but the supreme

ition of the freedom of individual thought. But though this noble principle has been at length established, long years of bloodshed passed before the victory was won; and from the outset the attitude of the clergy formed the chief obstacle to the trium

st a deadly peril, and even pity for the sinner urges them to wring from him a recantation before it is too late; and then, moreover, dissent must lessen the power and influence of a hierarchy and

ive to the stricter Protestants, and so early as 1550 John Hooper refused the see of Gloucester because he would not wear the robes of office; thus almost from its foundation the church was divided into factions, and those who demanded a more radical reform were nicknamed Puritans. As time elapsed large numbers who could no longer bring themselves to conform withdrew from the orthodox communion, and began to worship by themselves; persecution followed, and many fled to Holland, where they formed congregations in the larger

ablish a despotism and enforce conformity with r

the impersonification of narrowness, of bigotry, and of cruelty. The judgment is unscientific, for whatever may be thou

he line drawn by Laud is as reasonable as that of Calvin; Geneva is no more infallible than Canterbury or Rome. Comprehension is the dream of visionaries, for some will always differ from any confession of faith, h

onforming clergy belonged, being anxious to reestablish the monarchy, and set up a rigid Presbyterianism; the other, of whose spirit Cromwell was the incarnation, resolving each day

when they rose to expound the word. In a letter of 17th May, 1644, he thus described their doctrine: "This day was the best that I have seen since I came to England.... After D. Twisse had begun with a brief prayer, Mr. Marshall prayed large two hours, most divinely, confessing the sins of the members of the assembly, in a wonderful, pathetick, and prudent way. After, Mr. Arrowsmith preached an hour, then a psalm; thereafter, Mr. Vi

scendent political genius, a layman, a statesman,

for them to sit heavy upon others? Is it ingenuous to ask liberty and not to give it? What greater hypocrisy than for those who were oppressed by the bishops to become the greatest oppressors themselves, so soon as their yoke w

e Anabaptist shall be censuring the godly ministers of the nation who profess under that of Independency; or if those that profess under Presbytery shall be reproaching or speaking evil of them, traducing and censuring of them, as I would not be willing

hich induced the leading laymen, some of whom were of fortune and consequence at home, to face the hardships of the wilderness. Persecution cannot be the explanation, for a government under which Hampden and Cromwell could live and be returned to Parliament was not intolerable; nor does it appear that any of them had been severely dealt with. The wish of the Puritan party to have a place of retreat, should the worst befall, may have had its weight with individuals, but probably the influence which s

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stem the Congregationalist was utterly opposed. He believed that, human nature being totally depraved, some became regenerate through grace; that the signs of grace were as palpable as any other traits of character, and could be discerned

little doubt that the controlling incentive with many of those who sailed was the hope, with the aid of their divines, o

ecessary to secure for themselves the rights of English subjects, and to throw some semblance at least of the sanction of law over the organization of their new state. Accordingly, a patent [Footnote: March 4, 1629.] was obtained from the crown, by which twenty-five persons were incorporated under the name of the Governor and Co

, to control his own actions without interference from his feudal superior. Under such circumstances the only hope for the weak was to combine, and most of the early triumphs of freedom were won by combinations of commons against some nob

rally resorted to purchase; they agreed with their lord upon a price to be paid for a privileg

no doubt about the local customs, which are therefore not enumerated, and it shows that the guild of Leicester existed as a

ting: Know ye, that I have granted to my merchants of Leicester their Guild Merchant, with all customs which

., the son

terward set forth. And such has uniformly been the process by which English jurisprudence has been shaped; a usage grows up that courts recognize, and, by their decisions, establish as the common law; but judicial decisions are inflexible, and, as they become antiquated, they are themselves modified

also a landowner, to the extent at least of his dwelling, it followed that the guild practically included all free male inhabitants; the guild hall was used as the town hall, the guild ordinances were

population the original fraternity divided into craft organizations (so long ago, indeed, that no record of its existence remains), and each trade organized a guild, with a hall of its own;

dent of citizenship, grew to confer citizenship itself; thus the franchise, being confined to freemen, and freedom or membership having come to depend on birth, marriage, election, or purchase, the constituencies whic

e empowered to make laws and ordinances for the local government, and to fine, imprison, and sometimes whip and otherwise punish offenders, so as their statutes, fines, pains, and penalties were reasonable and not repugnant to law. [Footnote: History of Tiverton, App. 5.] The foreign trading company was an offshoot of the guild, and was intended to pr

arrying trade, for it was not till the thirteenth century that Englishmen appear to have made an effort at competition. However, about 1296 certain London mercers are said to have obtained a grant of privileges from John, Duke of Brabant, and to have established a wool market at Antwerp. [Footnote: Andersen's History of Commerce.] The recognition of the Flemish government was of course necessary; but they could hardly have maintained themselves without some support at home; for, although their warehouse was abroad, they were English merchants, and they must have relied upon English protection. No very early

e fined ￡40, whereas any subject might have become a freeman in earlier times for an old noble, or about 6s. 8d.; [Footnote: 12 Henry VII. ch. vi.] and the scandal was so great that the fine was fixed at 10 marks, or ￡6 l3s. 4d., by statute. During the stagnation of the Middle Ages few traces of such commercial enterprises are to be found, but with the sixteenth century Europe awoke to

m. The assistants were intrusted with the business management, and were to meet once a month or oftener; while the General Court was empowered to admit freemen, and "to make laws and ordinances for the good and welfare of the said company, and for the government and ordering of the said lands and plantation, and the people inhabiting and to inhabit the same, as

ral punishment, or fines and amercements," ... "as shall seem ... necessary," provided their statutes were reasonable and not contrary to the laws of the kingdom. [Footnote: Herbert's Livery Compani

ht needful, was specially conferred, as was done in the case of the East India Company upon their petition

enets repeatedly suspended or revoked the liberties of London,-often, no doubt, for cause, but sometimes also to make money by a resale; and a succession of these arbitrary forfeitures demonstrated that charters to be of value must be beyond the grantor's control. Resort

note: Liber Customarum, i. 416-424.] It was alleged that the guild, with this intent, had limited the working hours in the day, the working day

d the truth of some of the charges; but the

nt would be almost unnecessary to prove that some appellate tribunal must always have had jurisdiction to pass upon the validity of corporate legislation; for otherwise any summar

d, or its necessity so clearly demonstrated, as by the Governor and Company of Massachusetts Bay in N

swer was, 'We have a law, and by our law you are to die.' 'So said the Jews of Christ,' (reply'd Wenlock) 'we have a law, and by our law he ought to die. Who empowered you to make that law?' To which one of the board answered, 'We have a patent, and are the patentees; judge whether we have not power to make laws.' Hereupon Wenlock asked again, 'How, have you power to make laws repugnant to the laws of England?' 'No,' said the governor. 'Then,' (reply'd Wenlock,) 'you are gone beyond your bounds, and have forfeited your patent; and that is more than you can answer.' 'Are you,' ask'd he, 'subjects to the king, yea or nay?' ... To which one said, 'Yea, we are so.' 'Well,' said Wenlock, 'so am I.' ... 'Therefore seeing that you and I are subjects to

Quakers suffered, there was no principle in the whole range of English jurisprudence more firmly established. By a statute of Henry VI. passed in 1436, corporate enactments were to be submitted to the judges for approval; and the Court of King's Bench always set aside such as were bad

which shall attempt other objects, or shall seek to compass its ends by unlawful means, violates the condition upon which its life has been granted, transcends the

r and commonalty. Within this territory they were authorized to established their plantations and forts, which they were empowered to defend against attack, as the Hanse merchants defended the Steel Yard in London. They were also permitted to govern the country within their grant by reasonable regulations calculated to preserve the peace, and of much the same character as the municipal ordinances of towns, subject, of course, to judicial supervision. The corporation itself was created subject to the municipal laws of England, and could have no existence without th

Officers here in England, ... and powers to make lawes and ordinances for setling ye governement and magistracye for ye plantacon there, ... as ... are

ch they thought would be beyond the process of Westminster Hall. [Footnote: 1629, Aug. 29.] The details of the settlement are related in many books, and require only the briefest mention here. In 1628 an association of gentlemen bought the tract of country lying between the Merrimack and Charles from the Council of Plymouth, and sent Endicott to take charge of their purchase. A royal patent was, however, thought necessary for the protection of a large colony, and one having been obtained, the Company of Massachusetts Bay was at once organized in England, Endicott was appointed governor in America, and six vessels sailed during the spring of 1629, taking out several hundred persons and a "plentiful provision of godly ministers." In August the church of Salem was gathered and Mr. Higginson was consecrated as their tea

eral Court of freemen was dropped, and the towns chose delegates to represent them, though the legislature was not divided into two branches until ten years later. When the government had become fully organized supreme power was vested in the

m. From the judgments entered here an appeal lay to the Court of Assistants, and then to the General Court, which was the tribunal of last resort. The clergy and gentry pertinaciously resisted the enactment of a series of general statutes, upon which the people as steadily insisted, until at length, in 1641, "The Body of Liberties" was approved by the

the inhabitants of the larger part of New England were divided into three classes, the commonalty, the gentry, and the clergy. Little need be said of the first, except that they were a brave and determined race, as ready to fight as Cro

olized the chief offices; and they were not sentenced by the courts to degrading punishments, like whipping, for their offences, as other criminals were. They even showed some wish at the outset to create legal distinctions, such as a magistra

Not only in an age without newspapers or tolerable roads were their sermons, preached several times each week to every voter, the most effective of political harangues; but, unlike other party orators, they were not forced to stimulate the sluggish, or to convince the hostile, for from a people glowing with fanaticism, each elder picked his band of devoted servants of the church, men passionately longing to do the will of Christ, whose commands concerning earth and heaven their pastor had been ordained to declare. Nor was their power bounded by local limits; though seldom holding office themselves, they were solemnly consulted by the government on every important question that arose, whether of war or peace, and their counsel was rarely disregarded. They gave their opinion, no matter how foreign the subject might be to their profession or their education; and they had no hesitation in passing upon the technical construction of the charter with the authority of a bench of judges. An amusing example is given by Winthrop: "The General Court assembled again, and all the elders were sent for, to reconcile the differences between the magistrates and deputies. When they were come the first question put to them was, ... whether the magistrates are, by patent and election of the people, the standing council of this commonwealth in the vacancy of the General Court, and have power accordingly to act in all cases subject to government, according to the said patent and the laws of this jurisdiction; and when any necessary occasions call for action from authority, in cases where there is no particular express law provided, there to be guided by the word of

oose system was possible, for heresy might enter in three different ways; first, under the early law, "blasphemers" might form a congregation and from thence creep into the company; second, an established church might fall into error; third, an unsound minister might be chosen, who would de

... this Court doeth not, nor will hereafter, approue of any such companyes of men as shall henceforthe ioyne in any pretended way of church fellowshipp, without they shall first acquainte the magistrates, & the elders of the greater parte of the churches in this jurisdiction, with their intenctions, and have

follows: "If any church ... shall grow schismatical, rending itself from the communion of other churches, or shall walk incorrigibly and obstinately in any corrupt way of their own

urch society or not, or be ordeyned to the office of a teaching elder, where any two organnick churches, councill of state, or Generall Court shall declare theire dissatisfaction thereat, either in refference to doctrine or practize... and in case of ordination... timely notice thereof shall b

every danger. To exterminate these is the task of religious persecution, for they can be silenced only by death. Thus is a dominant priesthood brought face to face with the alternative, of surrendering its power or of

most enlightened magistrate the ecclesiastical party ever had, and he tells us that "I honoured a faithful minister in my heart and could have kissed his feet." [Footnote: Life and Letters of Winthrop, i. 61.] If the governor of Massachusetts and

d often shake under his dispensations, as if they had heard the sound of the trumpets from the burning mountain, and yet they would mourn to think, that they were going presently to be dismissed from such an heaven upon earth." ... "When a publick admonition was to be dispensed unto any one that had offended scandalously... the hearers would be all drowned in tears,

a committee on 'the evils that had provoked the Lord' came up for consideration, 'Mr. Wheelock declared that there was a cry of injustice in that magistrates and ministers were not rated' (taxed), 'which occa

tory of New England, in. 330, note 2. Extract from Journal of Rev. Peter Thacher.] Wheelock was lucky in not having to smart more severely for his temerity, for the unfortunate Ursula Cole was sentenced to pay ￡5 [Footnote: Five pounds was equivalent to a sum between one hundred and twenty-five and one hundred and fifty dollars now. Ursula was of course poor, or she wou

e: Mass. Rec. i. 110.] The evil still continued, for only the next year it was found that so many lectures "did spend too much time and proved overburdensome," and they were reduced to two a week. [Footnote: Felt's Eccl. Hist. i. 201.] Notwithstanding these measures, relief was not obtained, because, as the legislature complained in 1639, lectures

having gone on, with much strength of voice and intention of spirit, about a quarter of an hour, he was at a stand, and told the people that God had deprived him both of his strength and matter, &c. and so went forth, and about half an hour after returned again, and went on to very good purpose about two hours." [Footnote: Winthrop, i. 304.] Common men could not have kept this hold upon the inhabitants of New England, but the clergy were learned, resolute, and ab

eople and cutteth off a gangreene, which

t. For false teachers be wolves, ... and the very name of wolves holdeth forth wh

nd doe no more such wickednesse.... Yea as these punishments are preventions of like wickedne

ophets and seducing teachers, doe bring downe sho

that such judgments are executed...." [Fo

is evidently distructive to this people, and to the publick liberty, peace, and prosperity of any instituted churches under heaven.)" [Footnote: Eye Salve, Election Sermon, by Mr. Shepard of Charlestown, p. 21.] "Let the magistrates coercive power in matters of religion (therefore) be still asserted, seing he is one who is bound to God more than any other men to cherish his true religion; ... and how wofull would the state of things soon be among us, if men might have liberty without controll to profess, or preach, or print, or publish what they list, tending to the seduction of others." [Footnote: Eye Salve, p. 38.] Such feelings found

oach ... shall for ye first scandole be convented ... and bound to their good behaviour; and if a second time they breake forth into ye like contemptuous carriages, either to pay ￡5 to ye publike treasury or to stand two houres openly upon a b

to subvert ... ye Christian faith, by broaching ... any damnable heresy, as deniing ye immortality of ye soule, or ye resurrection of ye body, or any sinn to be repented of in ye regenerate, or any evill done by ye outward man to be accounted sinn, or deniing yt Christ gave himselfe a ransome for or sinns ... or any other heresy of such n

ither by wilfull or obstinate denying ye true God, or reproach ye holy religion of God, as if it were but a polliticke devise to keepe ignorant men in awe, ... or deny his creation or gouvernment of ye world, or shall curse Go

ld them their "rigid wayes have laid you very lowe in the hearts of the saynts." Thirteen of the most learned and eminent nonconforming ministers in England wrote to the governor of Massachusetts imploring him that he and the General Court would not by their violence "put an advantage into the hands of some who seek pretences and occasions against our liberty." [Footnote: Magnalia, bk. 7, ch. iv. section 4.] Winthrop, the wisest and ablest champion the clergy ever had, hung back. Like many another political leader, he was forced by his party into measures from which his judgment and his heart recoiled. He tells us how, on a question arising between him and Mr. Haynes, the elders "delivered their several reasons which all sorted to this conclusion, that

ate within their grasp, and shrank from no deed

was agreed upon as a compromise. "Only they in New England are more strict and rigid than we, or any church, to suppress, by the power of the magistrate, all who are not of their way, to banishment ordinarily and presently even to death lately, or perpetual slavery; for one Jortin, sometime a famous citizen here for piety, having taught a number in New England to cast oft the word and sacrament, and deny angels and devils, and

law-giver and the physician, for all erudition is concentrated in one supremely favored class-the sacred caste. Their discoveries are kept profoundly secret, and yet to perpetuate their mysteries among their descendants they found schools which are the only repositories of learning; but the time must inevitably come when this order is transformed into the deadliest enemy of the civilization which it has brought into being. The power of the spiritual oligarchy rests upon superstitious terrors which dwindle before advancing enlightenment; hence the clergy have become reac

id to have made her intellectual life; and it is the passion of the comb

riests. Yet they were a race in whose bone and blood the spirit of free thought was bred; the impulse which had goaded them to reject the Roman dogmas was quick within them still, and revolt against the ecclesiastical yoke was certain. The clergy upon their side trod their appointed path with the precision of machines, and, constrained by an inexorable destiny, they took that position of antagonism to liberal thought which