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LAWS PASSED.

were comparatively few, but among them were the son of John Winthrop, the governor, and John Eliot, who later became the celebrated missionary to the Indians. Meanwhile, the action of the magistrates in the colony had been the cause of much complaint among the settlers. The magistrates supposed that they had authority to levy taxes and on several occasions did so. The excitement caused by this action rendered it necessary that the General Court look into the matter and when the next meeting of the Court assembled in May, 1632, the matter was taken in hand. Two deputies were chosen from each plantation to agree upon " raising a common stock." At this time the freemen reassumed the power of choosing the governor and deputy-governor and also limited the tenure of office of the assistants to one year. They also determined that Boston was the best place for holding the public meetings of the colonists, and a fort and house of correction were ordered to be erected at that place.† In 1633 a number of emigrants arrived, among whom were John Haynes and the ministers so distinguished in New England history, John Cotton, Thomas Hooker, and Samuel Stone. Hooker and Stone settled at Newtown while Cotton settled at Boston as a colleague of John Wilson. "This influx of immigrants caused an in

*Mass. Col. Recs., vol. i., p. 95.

† Palfrey, History of New England, vol. i., p. 124 et seq.

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creased demand for labor and led the magistrates to renew an experiment they had once tried already of regulating the rate of wages. Carpenters, masons and other mechanics were to have two shillings - forty-eight cents per day and find their own diet; ordinary workmen one and six pence or thirty-two cents. The workmen, thus restricted, raised an outcry at the excessive cost of imported goods; and the magistrates, at their next session, limited prices at an advance of one third on the cost of importation. Corn at this time was six shillings a dollar and a half per bushel - at which rate it was a tender in payments of debts; but it soon sunk to three or four shillings. These attempts to regulate wages, though not very successful, were long persevered in; but it was presently left to the towns to fix the rates. The traders were less manageable than the laborers, and the attempt to limit the price of goods was early abandoned.

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"As a terror to idlers, the constables, by another enactment of this court, were ordered to present all 'common boasters, unprofitable fowlers and tobacco takers' one of the many ineffectual attempts to restrain the use of tobacco. Equally vain were the endeavors of subsequent courts to limit the excessive use of other luxuries in food and apparel.

"By order of court a market was set up at Boston to be kept on Thursday, the weekly lecture-day for that town. Samuel Cole set up the first

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Much trouble was caused by the trespassing of swine on cultivated land and the magistrates passed several regulations intended to stop it, but as these laws were ineffectual, they passed a law authorizing all trespassing animals to be killed. This caused a ferment among the people and led to an important constitutional change. In 1634 two delegates met from each town and requested a sight of the charter. Upon examining it, they came to the conclusion that in the freemen rested the legislative authority, and not in the magistrates. When the General Court met in May, 1634, that body claimed for itself, as a privilege granted them by the charter, the admission of freemen, the choosing of officers, raising of revenues, etc. Though Cotton urged with all his eloquence that no change be made in those holding office, Dudley was now elected governor in the place of Winthrop, but the latter was retained

* Hildreth, History of the United States, vol. i., pp. 196-197.

as Dudley's assistant.* The infant colony had made rapid advancement during Winthrop's four years in office. During this time eight principal plantations and several smaller ones were laid out and seven churches built in addition to the fort; a flourishing trade had sprung up with the Virginian and other colonies; water and wind-mills had been brought into use and ferries had also been established between Boston and Charlestown.†

At this time while the Court was in session, six large vessels arrived with a good supply of cattle, and about one month later 15 more vessels arrived. Among those who came in one of these ships was John Humphrey, who brought with him a supply of ordinance, muskets, etc., and cattle and other necessities for the colony. He also brought with him propositions from some person of great quality and estate " to join the Massachusetts colonies if they could agree upon some points. Complaints, however, had been made in England against Massachusetts, and King Charles

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* Doyle, English Colonies in America, vol. ii., pp. 106-109; Palfrey, New England, vol. i., pp. 136-140; Osgood, American Colonies, vol. i., p. 155 et seq.; Colonial Records, vol. i., p. 118; Bancroft, vol. i., pp. 246-247; Osgood, pp. 167199 gives a good description of the constitution and operations of the executive and judiciary in Massachusetts at this time.

J. H. Twitchell, John Winthrop, First Gov ernor of Massachusetts Colony; John Winthrop, The History of New England from 1630 to 1649; Robert C. Winthrop, Life and Letters of John Winthrop; Earl, Margaret Winthrop; Whitmore, Notes on the Winthrop Family and its English Connections.

PLYMOUTH COMPANY SURRENDERS CHARTER; WILLIAMS. 251

therefore appointed a Royal Committee for Plantations with full power over the American plantations to revise the laws, regulate the Church and revoke charters. The news of this measure produced great alarm in in Massachusetts. Dorchester, Charlestown, and Castle Island were fortified, the militia was drilled, a code of signals was agreed upon to warn the people of the interior in the event of an attack upon Boston; and the people were ordered to follow the instructions of the military authorities and to abjure their allegiance to the crown in favor of the colony.* The colonists then appointed appointed Dudley, Winthrop, John Haynes, Humphrey, and Endicott as commissioners "to consult, direct, and give command for the managing and ordering of any war that might befall for the space of a year next ensuing." The colony also sent Winslow to England to pacify the authorities. In February, 1635, while he was in London, the Plymouth Company surrendered its charter to the king with the understanding that all existing titles in New England should be annulled and that the country should be partitioned in severalty among the members of the Plymouth council. Accordingly, the king issued a writ of quo warranto against the Massachusetts charter which was then annulled, and also

* Adams, Three Episodes of Massachusetts. History, vol. i., pp. 286-289.

appointed Sir Ferdinando Gorges governor of New England.

*

While Massachusetts was experiencing these difficulties, the adjustment of the various disputes which had arisen among the colonists was not rendered more easy by the course pursued by Roger Williams, who was a Puritan of an active and energetic nature. Williams soon gave trouble to the Massachusetts colonists by proclaiming novelties in religious worship which were considered heresies. His theories led to his removal to

Plymouth, where he remained for two years. In 1634, however, he returned to Massachusetts and almost immediately became involved in disputes with the authorities, not only because he denied that the royal patents, which gave the title to land in America, were valid, but because he held a fanatical scruple as to the red cross in the English colors. He considered that this was a relic of Popery and abomination, and he induced Endicott, the commander at Salem, to cut the cross from the national flag. He also denied that it was lawful to impose an oath on the non-freemen, and

* Palfrey, History of New England, vol. i., pp. 148-161; Bancroft, vol. i., pp. 274-276; Adams, Three Episodes of Massachusetts History, vol. i., pp. 263-284; 291-292. For text of the articles of surrender see Thorpe, Federal and State Constitutions, vol. iii., pp. 1860-1861.

Winthrop, History of New England, vol. i., p. 91; Eggleston, Beginners of a Nation, p. 266 et seq.

Hubbard, History of New England, p. 207; Fiske, Beginnings of New England, p. 114 et seq.; Hildreth, vol. i., p. 221 et seq.

that the law compelling attendance at public worship was legal, which gave offence both to the magistrates and the ministers. Despite his vagaries, and his puerile seizing upon trifles, he nevertheless grasped one idea firmly, and held and acted upon it at all times with evident sincerity. This idea was what he termed "soulliberty," meaning the complete and perfect right of every man to enjoy the utmost freedom of opinion on religious matters. This idea was startling in a colony like Massachusetts, and it is no wonder that it seemed to the authorities of the colony an alarming an alarming heresy, for these principles not only struck at the very root of the religious theocracy which had been established in Massachusetts, but also at the authority of the crown itself.* Regarding Williams as both unsettled in judgment and as a public trouble-maker, the Court at Boston began to devise means to remove him from the colony. It was unfortunate that the scruples of Williams tended to divide and weaken the colony, for the difficulties with which it was passed at that time were sufficiently burdensome without having in addition a religious quarrel. His agitations even served to paralyze resistance against aggressions which they were calculated to bring about; and however excellent the principles he

encom

* Doyle, English Colonies in America, vol. ii., p. 117; Bancroft, vol. i., pp. 249-251.

*

had espoused, his conduct was little. calculated to inaugurate the reforms he desired. Nevertheless, so genuine was his piety and so disinterested and noble his character, that the people of Salem reëlected him as their pastor, in spite of the prohibition of the Court at Boston, and for this they were reprimanded and punished by the withholding of certain portions of land. This act of the Court aroused all the fighting spirit in Williams and he protested against it, engaging the Salem church to join with him in a general appeal to the other churches against what he considered palpable injustice on the part of the magistrates. This was a daring proceeding and the council immediately suspended the franchises of the churches who joined Williams. They therefore deserted his standard, and he was left absolutely alone. He then openly renounced allegiance to what he considered a persecuting religious body. The council condemned his opinions and conduct and imposed upon him a sentence of banishment, but as Williams had a large following and as it was considered dangerous to arouse a strong feeling of sympathy for him, the magistrates determined to send him back to England.‡

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Winthrop, History of New England, vol. i., pp. 164, 195.

Hildreth, vol. i., pp. 227-228; Bancroft vol. i., p. 252.

Winthrop, History of New England, vol. i., p. 170; Palfrey, History of New England, vol. i., pp. 161-165. On the entire controversy see Eggleston, Beginners of a Nation, pp. 274-306.

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