As the colony was now free from further trouble with the Indians, the ministers and magistrates next turned their attention to routing out heretical pravity, but no matter how well they performed this work, these heresies continued to spring up and it became necessary once again to do the work. Nevertheless, there were some beneficial effects from the stringent regulations in Massachusetts, one of which was the migratory movements in various directions. As before stated, Roger Williams had already laid the foundation of Providence, Rhode Island. In March, 1638, Theophilus Eaton and John Davenport established a colony at New Haven which was to be free from the innovations of error and licentiousness, and was to enjoy a separate government from those of the other colonies.* In 1638 a party of the followers of John Wheelwright and Mrs. Hutchinson, under the leadership of William Coddington, settled at Pocasset, later Portsmouth.† In 1639 Coddington and a few others withdrew from this settlement and

founded Newport.* In March, 1640, the two settlements were formally united under a constitution into one colony later named Rhode Island,† Coddington being elected governor.‡ Wheelwright, who had at this time been banished for his participation in the heretical proceedings of Mrs. Hutchinson, went forth and, in 1639, planted Exeter, New Hampshire. Another one of those who had become involved in the same trouble and who had also been charged with proceedings not in conformity with the ideas of the stern Puritanical colonists — Captain Underhill — was also expelled, notwithstanding his great services in the Indian wars. He retired from the colony and planted Cochecho, later called Dover.§ Among the others who from time to time departed from the colony to found other settlements was Ezekiel Rogers,

*R. I. Col. Records, p. 87 et seq.; Richman, pp. 30-31.

R. I. Col. Records, p. 100 et seq.; Richman, pp. 31-33.

Palfrey, History of New England, vol. i., pp. 211-213; Osgood, American Colonies, vol. i., pp. 341-345; Smith, Thirteen Colonies, vol. ii., pp. 303-309.

|| New Hampshire Provincial Papers, vol. i., p. 131 et seq.; Bell, History of Exeter.

§ On planting of Dover see Jenness, Notes on the First Planting of New Hampshire; Quint, Historical Memoranda of Dover, ed. by Scales; Thompson, Landmarks of Ancient Dover; Charles Deane on Thompson's patent in Proceedings of Mass. Hist. Soc., 1875; New Hampshire Provincial Papers, vol. i.; Hubbard, History of New England; Tuttle, John Mason; Belknap, History of New Hampshire, vol. i.; Doyle, English Colonies in America, vol. ii., pp. 129 et seq., 179-200, 208 et seq.

who, with a company of Yorkshire clothiers, founded Rowley, Mass.

In 1638 Hooker promulgated his "foundation principles 99 for the government of Connecticut, and a general convention of the free planters of Windsor, Hartford and Wethersfield was called to consider it. On January 14, 1639, the convention adopted the constitution (or Fundamental Orders*) and thus the commonwealth of Connecticut was erected. By this constitution the people were recognized as sovereign, becoming freemen upon taking an oath of allegiance to the commonwealth. A governor (who was required to be a member of some regular church, who must have been a magistrate and who could not serve two terms in succession), six magistrates and four deputies from each town as representatives in the General Assembly, were elected each spring. Beside the usual provisions regarding suffrages, etc., this constitution gave much less rigid ecclesiastical control to the government than in the Massachusetts Bay and Plymouth colonies. In addition, the authority and even the existence of a sovereign or proprietary were ig nored. This constitution, which, according to some historians, was the

* See Edward W. Townsend, Our Constitution · Why and How It was Made, Who Made It, and What It Is, pp. 253-259 (1906). Text will be found in Thorpe, Federal and State Constitutions, vol. i., pp. 519-523; Hazard, State Papers, vol. i., pp. 437-441. See also Appendix at the end of the present chapter.

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first written constitution known to history that created a government, continued in existence without material alteration for nearly 200 years." In 1639 a free school for boys was opened at Hartford. Soon afterward the colony began to expand and many small towns were planted, such as Stratford and Fairfield; and others, which later came under the jurisdiction of Connecticut, were established by the colony at New Haven, such as Guilford, Branford, Milford, Stamford, and Greenwich.†

The New Haven colony did not in the beginning prosper as its founders had expected. For a year after the colony was established, the only bond of union among the settlers was a "plantation covenant" to obey the teachings of the Bible, but in October, 1639, a constitution was adopted, the chief provisions of which were that the freemen should elect the gov

* Fiske, Beginnings of New England, pp. 127128; Johnston, Connecticut, p. 63 et seq. (the constitution being given on pp. 389-396); Palfrey, History of New England, vol. i., pp. 232234; Trumbull, History of Connecticut, vol. i., p. 75 et seq., the constitution being given on pp. 426-430 (1898 reprint); Osgood, American Colonies, vol. i., p. 310 et seq.; Henry Bronson, Early Government of Connecticut, in Papers of the New Haven Historical Society, vol. iii.; Bancroft, vol. i., p. 268 et seq. For counter opinions as to whether this was the first written constitution see Campbell, The Puritan in Holland, England and America, vol. ii., p. 417; Bacon, Constitutional History of Connecticut, pp. 5-6; Wm. C. Morey, in Annals of the American Academy of Political and Social Science, p. 551 (April, 1891). Trumbull, History of Connecticut, vol. i., P 82 et seq.

See Trumbull, History of Connecticut, vol. i., pp. 78 et seq., 430-434.

ernor and the four magistrates, and that the Word of God should be "the only rule attended unto in ordering the affairs of government." Trial by jury was also rejected.* Eaton was elected governor and continued in that office until his death in 1658.

The towns surrounding New Haven (Guilford, Milford, Stamford, etc.) continued for some time as independent communities, but in 1643 they were united with New Haven and a General Court established in which each town was represented by its deputies. The whole body of freemen elected the governor, deputy-governor, and assistants, who also sat in the court. In each town there were seven magistrates" pillars of the church" who tried petty cases.† In April, 1644, at a meeting of the General Court, the magistrates were ordered to observe "the judicial laws of God as they were delivered by Moses," an order which gave rise to many vague and curious rumors regarding their quaintness and verity. But in spite of its peculiari

se

Osgood, American Colonies, vol. i., p. 321 et seq.; Trumbull, vol. i., pp. 80-81; Johnston, Connecticut, p. 89 et seq.

Johnston, Connecticut, pp. 102-104; Trumbull, vol. i., p. 107 et seq.

Fiske, Beginnings of New England, pp. 134 to 137; Johnston, Connecticut, p. 105; J. H. Trumbull, The True Blue Laws of Connecticut and New Haven and the False Blue Laws invented by the Rev. Samuel Peters (Hartford, 1876); Hinman, Blue Laws of New Haven Colony (Hartford, 1838); Barber, History and Antiquities of New Haven (1831); Peters, History of Connecticut (London, 1781). Fiske says: The legislation was quaint enough, though the fa

ties, the colony in a few years began to experience a great revival in trade and commerce, and soon became noted for its wealthy people and fine houses, continuing to enjoy comparative peace and prosperity as an independent settlement until its final absorption by Connecticut.*

The government in England now attempted to stop the emigration of Puritans to New England, and in the spring of 1637 issued a proclamation to that effect; and a year afterward, when a squadron of eight vessels was preparing to set forth from the Thames to New England, the privy council interfered to prevent its sailing. Though there seems to be no good authority for the assertion, it has been stated by some that Hampden and Cromwell were among the passengers in this expedition. The ships were delayed only a few days, however, at the end of which time the king removed his restraint, and in the course of time the ships arrived safely in Massachusetts Bay.†

Meanwhile, what settlements had been made in Maine had progressed exceedingly slowly. As previously stated, Sir Ferdinando Gorges had been appointed governor-general, but he never saw the country, and instead sent his nephew and deputy, Captain William Gorges, to establish the government of New Somersetshire, with a council and body of deputies who had jurisdiction over the territory from the Agamenticus to the Penobscot, which at that time held about 1,500 inhabitants. This first regularly constituted government in the "Pine Tree State " was in augurated in March, 1636, at a meeting held at Saco, then a town of about 150 people. For two years William Gorges stayed in the colony, during his stay effecting a great improvement in its political and political and economic conditions, but at the end of this time he returned to England.*

In April, 1639, Sir Ferdinando received a new charter which gave to him a strip of land extending 120 miles inland and 60 miles along the coast, or from the Piscataqua to the Kennebec, and covering about one-sixth of the territory within the limits of the present State.† Included in this grant were the settlements at Monhegan, Pemaquid, Casco (now Portland), on Richmond Island,

Adams, Three Episodes of Massachusetts History, vol. i., pp. 308-309.

For text see Thorpe, Federal and State Constitutions, vol. iii., pp. 1625-1637; Hazard, State Papers, vol. i., pp. 442-455; Sullivan, History of Maine, App. I.

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at Saco, Cape Porpoise (now Kennebunkport), and Agamenticus (now York), at Smith's Islands, and on the mainland at the mouth of the Piscataqua. On receipt of this charter, Gorges drew up an elaborate scheme for the government of the territory, and in 1640 sent out Thomas Gorges as deputy, with subordinates to administer it.* The proprietor was to be represented by a deputy-governor and his assistants who were to form the council, and the freeholders were allowed to select deputies to meet with the council. The proprietor was to make the laws in conjunction with the freemen, but in cases not fully covered by the statutes, the laws of England were to prevail. The proprietor was to establish manorial courts and could also levy taxes, raise troops and declare war. The provinces were divided into bailiwicks or counties, hundreds, parishes and tithings, a lieutenant and eight magistrates being assigned by the proprietor or his deputy to each bailiwick to administer justice.†

Thomas Gorges found the colony in a pitiable condition, buildings dilapidated and stripped of everything, no semblance of a government and very little industry.‡ He immediately called a General Court to con