CHAPTER XXVI.

DECLARATION OF INDEPENDENCE DISCUSSED. 492-517

The Author's sympathy with the Colonists, and advocacy

of their rights as British subjects, and their right to

defend them by force of arms 492

Preliminary remarks on the impolicy and injustice to

many thousands on both sides of the Atlantic of the

Declaration of Independence 493

The pure and exalted character of the advocates of

Colonial rights, and high eulogy upon them and their

descendants, by the Earls of Chatham and Shelburne,

both of whom were opposed to the separation of the Colonies

from the mother country 494

Homage to the motives and patriotism of the fathers

of American Independence; the provocation which they

had received; the successes of the Colonists on the

field of battle before the Declaration of Independence,

and their disasters afterwards; but for having committed

themselves to such Declaration, they would to all appearance

have obtained within a twelvemonth all they had desired,

without the shedding of blood, without the unnatural alliance

with France, much less a war of seven years 495

I. The Declaration of Independence a renunciation of

all the principles on which the General Congress,

Provincial Legislatures and Convention professed to

act from the beginning of the contest; proofs and

illustrations 496

II. The Declaration of Independence was a violation of

good faith to those statesmen and numerous other parties in

England who had, in and out of Parliament, defended and

supported the rights and character of the Colonies during

the whole contest; proofs and illustrations 499

III. The Declaration of Independence was also a violation,

not only of good faith, but of justice to the numerous

Colonists who adhered to connexion with the mother country;

proofs and illustrations 501

IV. The Declaration of the 4th of July, 1776, was the

commencement of persecutions and proscriptions and confiscation

of property against those who refused to renounce the oaths

which they had taken, as well as the principles and traditions

which had until then been professed by their persecutors and

oppressors as well as by themselves; proofs and illustrations 504

The plea of tyranny (in a note) 504

Numbers, character, and position of Loyalists at the time,

as stated by American writers; laws passed against them 504

The beneficial results of the Congress had it adhered to

the former principles of its members, and acted justly

to all parties 507

V. The Declaration of Independence was the commencement

of weakness in the army of its authors, and of defeats

in their field of battle; proofs and illustrations 508

VI. The Declaration of Independence was the avowed

expedient and prelude for an alliance with France and

Spain against the Mother Country; proofs and illustrations;

the secret and double game played between the Congress and

France, both before and after the Declaration of Independence 513

LOYALISTS OF AMERICA

AND

THEIR TIMES.

CHAPTER I.

INTRODUCTION.--TWO CLASSES OF EMIGRANTS--TWO GOVERNMENTS FOR SEVENTY

YEARS--THE "PILGRIM FATHERS"--THEIR PILGRIMAGES AND SETTLEMENT.

In proceeding to trace the development and characteristics of Puritanism

in an English colony, I beg to remark that I write, not as an

Englishman, but as a Canadian colonist by birth and life-long residence,

and as an early and constant advocate of those equal rights, civil and

religious, and that system of government in the enjoyment of which

Canada is conspicuous.

In tracing the origin and development of those views and feelings which

culminated in the American Revolution, in the separation of thirteen

colonies from Great Britain, it is necessary to notice the early

settlement and progress of those New England colonies in which the seeds

of that revolution were first sown and grew to maturity.

The colonies of New England resulted from two distinct emigrations of

English Puritans; two classes of Puritans; two distinct governments for

more than sixty years. The one class of these emigrants were called

"Pilgrim Fathers," having first fled from England to Holland, and thence

emigrated to New England in 1620, in the _Mayflower_, and called their

place of settlement "New Plymouth," where they elected seven Governors

in succession, and existed under a self-constituted government for

seventy years. The other class were called "Puritan Fathers;" the first

instalment of their emigration took place in 1629, under Endicot; they

were known as the Massachusetts Bay Company, and their final capital was

Boston, which afterwards became the capital of the Province and of the

State.

The characteristics of the separate and independent government of these

two classes of Puritans were widely different. The one was tolerant and

non-persecuting, and loyal to the King during the whole period of its

seventy years' existence; the other was an intolerant persecutor of all

religionists who did not adopt its worship, and disloyal from the

beginning to the Government from which it held its Charter.

It is essential to my purpose to compare and contrast the proceedings of

these two governments in relation to religious liberty and loyalty. I

will first give a short account of the origin and government of the

"_Pilgrim_ Fathers" of New Plymouth, and then the government of the

"_Puritan_ Fathers" of Massachusetts Bay.[1]

In the later years of Queen Elizabeth, a "fiery young clergyman," named

Robert Brown, declared against the lawfulness of both Episcopal and

Presbyterian Church government, or of fellowship with either

Episcopalians or Presbyterians, and in favour of the absolute

independence of each congregation, and the ordination as well as

selection of the minister by it. This was the origin of the Independents

in England. The zeal of Brown, like that of most violent zealots, soon

cooled, and he returned and obtained a living again in the Church of

England, which he possessed until his death; but his principles of

separation and independence survived. The first congregation was formed

about the year 1602, near the confines of York, Nottingham, and

Leicester, and chose for its pastor John Robinson. They gathered for

worship secretly, and were compelled to change their places of meeting

in order to elude the pursuit of spies and soldiers. After enduring many

cruel sufferings, Robinson, with the greater part of his congregation,

determined to escape persecution by becoming _pilgrims_ in a foreign

land. The doctrines of Arminius, and the advocacy and sufferings of his

followers in the cause of religious liberty, together with the spirit of

commerce, had rendered the Government of Holland the most tolerant in

Europe; and thither Robinson and his friends fled from their persecuting

pursuers in 1608, and finally settled at Leyden. Being Independents,

they did not form a connection with any of the Protestant Churches of

the country. Burke remarks that "In Holland, though a country of the

greatest religious freedom in the world, they did not find themselves

better satisfied than they had been in England. There they were

tolerated, indeed, but watched; their zeal began to have dangerous

languors for want of opposition; and being without power or consequence,

they grew tired of the indolent security of their sanctuary; they chose

to remove to a place where they should see no superior, and therefore

they sent an agent to England, who agreed with the Council of Plymouth

for a tract of land in America, within their jurisdiction, to settle in,

and obtained from the King (James) permission to do so."[2]

During their twelve years' _pilgrimage_ in Holland they were good

citizens; not an accusation was brought against any one of them in the

courts; they were honourable and industrious, and took to new trades for

subsistence. Brewster, a man of property, and a gentleman in England,

learned to be a printer at the age of forty-five. Bradford, who had been

a farmer in England, became a silk-dyer. Robinson became noted as a

preacher and controversialist against Arminianism.

Bradford, the historian of their colony and its Governor for eleven

years, gives the chief reasons for their dispute in Holland and of their

desire to remove to America.[3]

As to what particular place these Pilgrims should select for settlement

in America, some were for Guiana, some for Virginia; but they at length

obtained a patent from the second or Northern Virginia Company for a

settlement on the northern part of their territory, which extended to

the fortieth degree of North latitude--Hutchinson Bay. "The Dutch

laboured to persuade them to go to the Hudson river, and settle under

the West India Company; but they had not lost their affection for the

English, and chose to be under their government and protection."[4]

Bancroft, after quoting the statement that "upon their talking of

removing, sundry of the Dutch would have them go under them, and made

them large offers," remarks: "But the Pilgrims were attached to their

nationality as Englishmen, and to the language of their times. A secret

but deeply-seated love of their country led them to the generous purpose

of recovering the protection of England by enlarging her dominions. They

were restless with the desire to live once more under the government of

their native land."[5] It appears from Bradford's History, as well as

from his Letter Book, and other narratives, that there were serious

disputes and recriminations among the Pilgrim exiles and their friends

in England, before matters could be arranged for their departure. But

only "the minor part [of Robinson's congregation], with Mr. Brewster,

their elder, resolved to enter upon this great work." They embarked at

Delft Haven, a seaport town on the River Maeser, eight miles from Delft,

fourteen miles from Leyden, and thirty-six miles from Amsterdam. The

last port from which they sailed in England was Southampton; and after a

tempestuous passage of 65 days, in the _Mayflower_, of 181 tons, with

101 passengers, they spied land, which proved to be Cape Cod--about 150

miles north of their intended place of destination. The pilot of the

vessel had been there before and recognised the land as Cape Cod; "the

which," says Bradford, "being made and certainly known to be it, they

were not a little joyful."[6] But though the Pilgrims were "not a

little joyful" at safely reaching the American coast, and at a place so

well known as Cape Cod; yet as that was not their intended place of

settlement, they, without landing, put again to sea for Hudson river

(New York), but were driven back by stress of weather, and, on account

of the lateness of the season, determined not to venture out to sea

again, but to seek a place of settlement within the harbour.

As the Pilgrims landed north of the limits of the Company from which

they received their patent, and under which they expected to become a

"body politic," it became to them "void and useless." This being known,

some of the emigrants on board the _Mayflower_ began to make "mutinous

speeches," saying that "when they came ashore they would use their own

liberty, for none had power to command them." Under these circumstances

it was thought necessary to "begin with a combination, which might be as

firm as any patent, and in some respects more so." Accordingly, an

agreement was drawn up and signed in the cabin of the _Mayflower_ by

forty-one male passengers, who with their families constituted the whole

colony of one hundred and one.[7] Having thus provided against disorder

and faction, the Pilgrims proceeded to land, when, as Bradford says,

they "fell upon their knees and blessed the God of heaven who had

brought them over the vast and furious ocean, and delivered them from

all the perils and miseries thereof, again to set their feet on the

firm and stable earth, their proper element."[8] Of the manner of their

settlement, their exposures, sufferings, labours, successes, I leave the

many ordinary histories to narrate, though they nearly all revel in the

marvellous.[9]

I will therefore proceed to give a brief account of the Plymouth

government in relation to religious liberty within its limits and

loyalty to the Mother Country.

FOOTNOTES:

[Footnote 1: From the nature of the facts and questions discussed, the

following history is largely _documentary_ rather than popular; and the

work being an _historical argument_ rather than a popular narrative,

will account for repetitions in some chapters, that the vital facts of

the whole argument may be kept as constantly as possible before the mind

of the reader.]

[Footnote 2: Burke's (the celebrated Edmund) Account of European

Settlements in America. Second Edition, London, 1758, Vol. II., p. 143.]

[Footnote 3: Bradford's History of Plymouth Plantation, pp. 22-24.

Massachusetts Historical Collection, 4th Series, Vol. III.]

[Footnote 4: History of Massachusetts, Vol. I., pp. 11, 12.]

[Footnote 5: History of the United States, Vol. I., p. 304.]

[Footnote 6: Many American writers and orators represent the Pilgrims as

first finding themselves on an unknown as well as inhospitable coast,

amidst shoals and breakers, in danger of shipwreck and death. But this

is all fancy; there is no foundation for it in the statement of Governor

Bradford, who was one of the passengers, and who says that they were

"not a little joyful" when they found certainly that the land was Cape

Cod; and afterwards, speaking of their coasting in the neighbourhood,

Bradford says, "They hasted to a place that their pilot (one Willm.

Coppin, _who had been there before_) did assure them was a good harbour,

which he had been in." (History of Plymouth Plantation, p. 86.) They did

not even go ashore on their first entrance into Cape Cod harbour; but,

as Bradford says, "after some deliberation among themselves and with the

master of the ship, they _tacked about_ and resolved to stand for the

_southward, to find some place about Hudson river for their

habitation_." (_Ib._, p. 117.) "After sailing southward half a day, they

found themselves suddenly among shoals and breakers" (a ledge of rocks

and shoals which are a terror to navigators to this day); and the wind

shifting against them, they scud back to Cape Cod, and, as Bradford

says, "thought themselves happy to get out of those dangers before night

overtook them, and the next day they got into the Cape harbour, where

they rode in safety. Being thus arrived in a good harbour, and brought

safe to land, they fell upon their knees and blessed the God of heaven,"

&c.

The selection, before leaving England, of the neighbourhood of the

Hudson river as their location, showed a worldly sagacity not to be

exceeded by any emigrants even of the present century. Bancroft

designates it "the best position on the whole coast." (History of the

United States, Vol. I., p. 209.)]

[Footnote 7: The agreement was as follows:--"In the name of God, Amen.

We whose names are underwritten, the loyal subjects of our dread

Sovereign Lord, King James, by the grace of God, of Great Britain,

France and Ireland, King, Defender of the Faith, &c., having undertaken,

for the glory of God and advancement of the Christian faith, and honour

of our King and country, a voyage to plant the first colony in the

northern parts of [then called] Virginia, do by these presents, solemnly

and mutually, in the presence of God and of one another, covenant and

combine ourselves together into a civil body politic, for our better

ordering and preservation, and furthermore of the ends aforesaid; and by

virtue hereof to enact, constitute, and frame such just laws,

ordinances, acts, constitutions, and offices, from time to time, as

shall be thought most mete and convenient for the general good of the

colony, unto which we promise all due submission and obedience. In

witness whereof we have hereunder subscribed our names at Cape Cod, the

11th of November, in the 18th year of the reign of our Sovereign Lord

King James, of England, France, and Ireland the eighteenth, and of

Scotland the fifty-fourth. Anno Dom. 1620." Mr. John Carver was chosen

Governor for one year.

This simple and excellent instrument of union and government, suggested

by apprehensions of disorder and anarchy, in the absence of a patent for

common protection, has been magnified by some American writers into an

almost supernatural display of wisdom and foresight, and even the

resurrection of the rights of humanity. Bancroft says, "This was the

birth of popular constitutional liberty. The middle ages had been

familiar with charters and constitutions; but they had been merely

compacts for immunities, partial enfranchisements, patents of nobility,

concessions of municipal privileges, or the limitations of sovereign in

favour of feudal institutions. In the cabin of the _Mayflower_ humanity

recorded its rights, and instituted a government on the basis of 'equal

laws' for the 'general good.'" (History of the United States, Vol. I, p.

310.)

Now, any reader of the agreement will see that it says not a word about

"popular constitutional liberty," much less of the "rights of humanity."

It was no Declaration of Independence. Its signers call themselves

"loyal subjects of the King of England," and state one object of their

emigration to be the "honour of our King and country." The Pilgrim

Fathers did, in the course of time, establish a simple system of popular

government; but from the written compact signed in the cabin of the

_Mayflower_ any form of government might be developed. The good sense of

the following remarks by Dr. Young, in his _Chronicles of the Pilgrims

of Plymouth_, contrast favourably with the fanciful hyperboles of

Bancroft: "It seems to me that a great deal more has been discovered in

this document than the signers contemplated. It is evident that when

they left Holland they expected to become a body politic, using among

themselves civil government, and to choose their own rulers from among

themselves. Their purpose in drawing up and signing this compact was

simply, as they state, to restrain certain of their number who had

manifested an unruly and factious disposition. This was the whole

philosophy of the instrument, whatever may have since been discovered

and deduced from it." (p. 120.)]

[Footnote 8: Bradford's History of the Plymouth Plantation, p. 78. "The

31st of December (1620) being Sabbath, they attended Divine service for

the first time on shore, and named the place _Plymouth_, partly because

this harbour was so called in Capt. John Smith's map, published three or

four years before, and partly in remembrance of very kind treatment

which they had received from the inhabitants of the last port of their

native country from which they sailed." (Moore's Lives of the Governors

of Plymouth, pp. 37, 38.)

The original Indian name of the place was _Accomack_; but at the time

the Pilgrims settled there, an Indian informed them it was called

_Patuxet_. Capt. John Smith's Description of New England was published

in 1616. He says, "I took the description as well by map as writing, and

called it New England." He dedicated his work to Prince Charles

(afterwards King Charles II.), begging him to change the "barbarous

names." In the list of names changed by Prince Charles, _Accomack_ (or

Patuxet) was altered to _Plymouth_. Mr. Dermer, employed by Sir F.

Gorges and others for purposes of discovery and trade, visited this

place about four months before the arrival of the Pilgrims, and

significantly said, "I would that Plymouth [in England] had the like

commodities. I would that the first plantation might here be seated if

there come to the number of fifty persons or upward."]

[Footnote 9: See following Note:--

NOTE _on the Inflated American Accounts of the Voyage and Settlement of

the Pilgrim Fathers_.--Everything relating to the character, voyage, and

settlement of the Pilgrims in New England has been invested with the

marvellous, if not supernatural, by most American writers. One of them

says, "God not only sifted the three kingdoms to get the seed of this

enterprise, but sifted that seed over again. Every person whom He would

not have go at that time, to plant the first colony of New England, He

sent back even from mid-ocean in the _Speedwell_." (Rev. Dr. Cheever's

Journal of the Pilgrims.)

The simple fact was, that the _Mayflower_ could not carry any more

passengers than she brought, and therefore most of the passengers of the

_Speedwell_, which was a vessel of 50 tons and proved to be unseaworthy,

were compelled to remain until the following year, and came over in the

_Fortune_; and among these Robert Cushman, with his family, one of the

most distinguished and honoured of the Pilgrim Fathers. And there was

doubtless as good "seed" in "the three kingdoms" after this "sifting" of

them for the New England enterprise as there was before.

In one of his speeches, the late eloquent Governor Everett, of

Massachusetts, describes their voyage as the "long, cold, dreary

autumnal passage, in that one solitary, adventurous vessel, the

_Mayflower_ of forlorn hope, freighted with prospects of a future state,

and bound across the unknown sea, pursuing, with a thousand misgivings,

the uncertain, the tedious voyage, suns rise and set, and winter

surprises them on the deep, but brings them not the sight of the

wished-for shore. The awful voice of the storm howls through the

rigging. The labouring masts seem straining from their base; the dismal

sound of the pumps is heard; the ship leaps, as it were, madly from

billow to billow; the ocean breaks, and settles with engulfing floods

over the floating deck, and beats with deadening, shivering weight

against the staggering vessel."

It is difficult to imagine how "winter" could surprise passengers

crossing the ocean between the 6th of September and the 9th of

November--a season of the year much _chosen_ even nowadays for crossing

the Atlantic. It is equally difficult to conceive how that could have

been an "unknown sea" which had been crossed and the New England coasts

explored by Gosnold, Smith, Dermer and others (all of whom had published

accounts of their voyage), besides more than a dozen fishing vessels

which had crossed this very year to obtain fish and furs in the

neighbourhood and north of Cape Cod. Doubtless often the "suns rose and

set" upon these vessels without their seeing the "wished-for shore;" and

probably more than once, "the awful voice of the storm howled through

their rigging," and "the dismal sound of their pumps was heard," and

they "madly leaped from billow to billow," and "staggered under the

deadening, shivering weight of the broken ocean," and with its

"engulfing floods" over their "floating decks." The _Mayflower_ was a

vessel of 180 tons burden--more than twice as large as any of the

vessels in which the early English, French, and Spanish discoverers of

America made their voyages--much larger than most of the vessels

employed in carrying emigrants to Virginia during the previous ten

years--more than three times as large as the ship _Fortune_, of 53 tons,

which crossed the ocean the following year, and arrived at Plymouth also

the 9th of November, bringing Mr. Cushman and the rest of the passengers

left by the _Speedwell_ the year before. Gosnold had crossed the ocean

and explored the eastern coasts of America in 1602 in a "small bark;"

Martin Pring had done the same in 1603 in the bark _Discovery_, of 26

tons; Frobisher, in northern and dangerous coasts, in a vessel of 25

tons burden; and two of the vessels of Columbus were from 15 to 30 tons

burden, and without decks on which to "float" the "engulfing floods"

under which the _Mayflower_ "staggered" so marvellously. All these

vessels long preceded the _Mayflower_ across the "unknown ocean;" but

never inspired the lofty eloquence which Mr. Everett and a host of

inferior rhapsodists have bestowed upon the _Mayflower_ and her voyage.

Bancroft fills several pages of his elaborate history to the same

effect, and in similar style with the passages above quoted. I will give

a single sentence, as follows:--"The Pilgrims having selected for their

settlement the country near the Hudson, the best position on the whole

coast, were conducted to the most barren and inhospitable part of

Massachusetts." (History of the United States, Vol. 1., p. 309.)

There was certainly little self-abnegation, but much sound and worldly

wisdom, in the Pilgrims selecting "the best position on the whole coast"

of America for their settlement; and there is as little truth in the

statement, though a good antithesis--the delight of Mr. Bancroft--that

the Pilgrims were conducted to "the most barren and inhospitable part of

Massachusetts" for "actual settlement," as appears from the descriptions

given of it by Governors Winslow and Bradford and other Pilgrim Fathers,

written after the first and during the subsequent years of their

settlement. I will give but two illustrations. Mr. Winslow was one of

the passengers in the _Mayflower_, and was, by annual election, several

years Governor of the Plymouth colony. It has been stated above that the

ship _Fortune_, of 53 tons burden, brought in the autumn of 1621 the

Pilgrim passengers who had been left in England the year before by the

sea-unworthiness of the _Speedwell_. The _Fortune_ anchored in Plymouth

Bay the 9th of November--just a year from the day on which the

_Mayflower_ spied the land of Cape Cod. Mr. Winslow prepared and sent

back by the _Fortune_ an elaborate "Relation" of the state and prospects

of the colony, for the information of the merchant adventurers and

others in England. He describes the climate, soil, and all the resources

of the colony's means of support, together with the process and result

of the first year's labour. I will simply give his account of the manner

in which they celebrated what in England would be called a "Harvest

Home." He says: "Our harvest being got in, our Governor sent four men on

fowling, that so we might, after a more special manner, rejoice together

after we had gathered the fruit of our labours. They four in a day

killed as much fowl as, with little help besides, served the company

almost a week; at which time, amongst other recreations, we exercised

our arms. Many of the Indians came amongst us, and amongst the rest

their greatest king, Massasoit, with some ninety men, whom for three

days we entertained and feasted; and they went out and killed fine deer,

which they brought to the Plantation, and bestowed them on our Governor,

and upon the Captain and others; and although it be not always so

plentiful with us, we are so far from want that we _often wish you

partakers of our plenty_."

Governor Bradford, writing in 1646, twenty-five years after this feast,

and referring to it, says: "Nor has there been any general want of food

amongst us since to this day." (Morton's Memorials, p. 100.)

Such was the result of the first year's experience in this chosen place

of settlement by the first New England colony, as stated by the most

distinguished of its founders. During the winter of this year more than

half the pioneer settlers had died of a prevalent sickness,--not owing

to the climate, but their sea voyage, their want of experience, and to

temporary circumstances, for not a death occurred amongst them during

the three succeeding years. As great as was the mortality amongst the

noble colonists of New England, it was far less, comparatively, than

that which fell upon the first colonists of Virginia, who were, also,

more than once almost annihilated by the murderous incursions of the

Indians, but from whom the Pilgrim Fathers did not suffer the loss of a

life.

In his "true and brief Relation," Mr. Winslow says: "For the temper of

the air here, it agreeth well with that in England; and if there be any

difference at all, this is somewhat hotter in summer. Some think it

colder in winter, but I cannot out of experience say so. The air is very

clear and foggy, not as hath been reported. I never in my life remember

a more seasonable year than we have here enjoyed."

Mr. Winslow's doubt as to whether the cold of his first winter in New

England exceeded that of the ordinary winters which he had passed in

England, refutes the fictitious representations of many writers, who to

magnify the virtues and merits of the Plymouth colonists, describe them

as braving, with a martyr's courage, the appalling cold of an almost

Arctic winter--a winter which enabled the new settlers to commence their

gardens the 16th of March, and they add in their Journal: "Monday and

Tuesday, March 19th and 20th, proved fair days. We digged our grounds

and _sowed our garden seeds_."

Not one of the American United Empire Loyalists--the Pilgrim Fathers of

Canada, Nova Scotia, and New Brunswick--could tell of a winter in the

countries of their refuge, so mild, and a spring so early and genial, as

that which favoured the Pilgrim Fathers of New England during their

first year of settlement; nor had any settlement of the Canadian Pilgrim

Fathers been able to command the means of celebrating the _first_

"Harvest Home" by a week's festivity and amusements, and entertaining,

in addition, ninety Indians for three days.]

CHAPTER II.

THE GOVERNMENT OF THE PILGRIM[10] FATHERS DURING SEVENTY YEARS, FROM

1620 TO 1692, AS DISTINCT FROM THAT OF THE PURITAN FATHERS.

TWO GOVERNMENTS.--_Difference between the Government of the Pilgrims and

that of the Puritans_.--Most historians, both English and American, have

scarcely or not at all noticed the fact that within the present State of

Massachusetts two separate governments of Puritan emigrants were

established and existed for seventy years--two governments as distinct

as those of Upper and Lower Canada from 1791 to 1840--as distinct as

those of any two States of the American Republic. It is quite natural

that American historians should say nothing of the Pilgrim government,

beyond the voyage and landing of its founders, as it was a standing

condemnation of the Puritan government, on which they bestow all their

eulogies. The two governments were separated by the Bay of

Massachusetts, about forty miles distant from each other by water, but

still more widely different from each other in spirit and character. The

government of the Pilgrims was marked from the beginning by a full and

hearty recognition of franchise rights to all settlers of the Christian

faith; the government of the Puritans denied those rights to all but

Congregational Church members for sixty years, and until they were

compelled to do otherwise by Royal Charter in 1692. The government of

the Pilgrims was just and kind to the Indians, and early made a treaty

with the neighbouring tribes, which remained inviolate on both sides

during half a century, from 1621 to 1675; the government of the

Puritans maddened the Indians by the invasion of their rights, and

destroyed them by multitudes, almost to entire extermination. The

government of the Pilgrims respected the principles of religious liberty

(which they had learned and imbibed in Holland), did not persecute those

who differed from it in religious opinions,[11] and gave protection to

many who fled from the persecutions of neighbouring Puritans'

government, which was more intolerant and persecuting to those who

differed from it in religious opinions than that of James, and Charles,

and Laud had ever been to them. The government of the Pilgrims was frank

and loyal to the Sovereign and people of England; the government of the

Puritans was deceptive and disloyal to the Throne and Mother Country

from the first, and sedulously sowed and cultivated the seeds of

disaffection and hostility to the Royal government, until they grew and

ripened into the harvest of the American revolution.

These statements will be confirmed and illustrated by the facts of the

present and following chapters.

The compact into which the Pilgrims entered before landing from the

_Mayflower_, was the substitute for the body politic which would have

been organized by charter had they settled, as first intended, within

the limits of the Northern Virginia Company. The compact specified no

constitution of government beyond that of authority on the one hand, and

submission on the other; but under it the Governors were elected

annually, and the local laws were enacted during eighteen years _by the

general meetings of the settlers_, after which a body of elected

representatives was constituted.

The first _official record_ of the election of any Governor was in 1633,

thirteen years after their settlement at Plymouth; but, according to the

early history of the Pilgrims, the Governors were elected annually from

1620. The Governors of the colony were as follows:--

1. John Carver, in 1620, who died a few months afterwards;

2. William Bradford, 1621 to 1632, 1635, 1637, 1639 to 1643, 1645 to

1656;

3. Edward Winslow, 1633, 1636, 1644;

4. Thomas Prince, 1634, 1638, 1657 to 1672;

5. Josiah Winslow, 1673 to 1680;

6. Thomas Hinckley, 1681 to 1692;[12]

when the colony of Plymouth[13] (which had never increased in population

beyond 13,000) was incorporated with that of Massachusetts Bay, under

the name of the Province of Massachusetts, by Royal Charter under

William and Mary, and by which religious liberty and the elective

franchise were secured to all freeholders of forty shillings per annum,

instead of being confined to members of the Congregational Churches, as

had been the case down to that period under the Puritans of

Massachusetts Bay--so that equal civil and religious liberty among all

classes was established in Massachusetts, not by the Puritans, but by

Royal Charter, against the practice of the Puritans from 1631 to 1692.

The government of the Pilgrims was of the most simple kind. At first the

Governor, with one assistant, was elected annually by general suffrage;

but in 1624, at the request of Governor Bradford, a Council of five

assistants (increased to seven in 1633) was annually elected. In this

Court, or Executive Council, the Governor had a double vote. In the

third year, 1623, trial by jury was established. During eighteen years,

from 1620 to 1638, the legislative body, called the General Court, or

Court of Associates, was composed of the whole body of freemen. It was

not until 1639 that they established a House of Representatives. The

qualifications of a _freeman_ were, that he "should be twenty-one years

of age, of sober, peaceable conversation, orthodox in religion [which

included belief in God and the Holy Scriptures, but did not include any

form of Church government], and possess rateable estate to the value of

twenty pounds."

In 1636--sixteen years after their landing at New Plymouth--the laws

which they had enacted were first collected, prefaced by a declaration

of their right to enact them, in the absence of a Royal Charter. Their

laws were at various times revised and added to, and finally printed in

1671, under the title of "Their Great Fundamentals." They recognized the

general laws of England, and adopted local statutes or regulations

according to what they considered their needs.[14] Of their sense of

duty as British subjects, and of the uniform mutual relations of

friendship existing between them and their Sovereigns, their records and

history furnish abundant proofs. The oath required of their Governors

commenced in the following words: "You shall swear to be truly loyal to

our Sovereign Lord King Charles, his successors and heirs." "At the

Court held," (says the record,) "at Plymouth, the 11th of June, 1664,

the following was added, and the Governor took the oath thereunto: 'You

shall also attend to what is required by His Majesty's Privy Council of

the Governors of the respective colonies in reference unto an Act of

Parliament for the encouraging and increasing of shipping and

navigation, bearing date from the 1st of December, 1660.'"

The oath of a freeman commenced with the same words, as did the oath of

the "Assistants" or Executive Councillors, the oath of constables and

other officers in the colony. It was likewise ordered, "That an oath of

allegiance to the King and fidelity to the Government and to the several

colonies [settlements] therein, be taken of every person that shall live

within or under the same." This was as follows: "You shall be truly

loyal to our Sovereign Lord the King and his heirs and successors: and

whereas you make choice at present to reside within the government of

New Plymouth, you shall not do or cause to be done any act or acts,

directly or indirectly, by land or water, that shall or may tend to the

destruction or overthrow of the whole or any of the several colonies

[settlements] within the said government that are or shall be orderly

erected or established; but shall, contrariwise, hinder, oppose and

discover such intents and purposes as tend thereunto to the Governor for

the time being, or some one of the assistants, with all convenient

speed. You shall also submit unto and obey such good and wholesome laws,

ordinances and officers as are or shall be established within the

several limits thereof. So help you God, who is the God of truth and

punisher of falsehood."

The Government of Plymouth prefaced the revised collection of their laws

and ordinances as follows:

"A form to be placed before the records of the several inheritances

granted to all and every of the King's subjects inhabiting with the

Government of New Plymouth:

"Whereas John Carver, William Bradford, Edward Winslow, William

Brewster, Isaack Alliston and divers others of the subjects of our late

Sovereign Lord James, by the Grace of God, King of England, Scotland,

France and Ireland, Defender of the Faith, &c., did in the eighteenth

year of his reigne of England, France and Ireland, and of Scotland the

fifty-four, which was the year of our Lord God 1620, undertake a voyage

into that part of America called Virginia or New England, thereunto

adjoining, there to erect a plantation and colony of English, intending

the glory of God and the enlargement of his Majesty's dominions, and the

special good of the English nation."

Thus the laws and ordinances of the Plymouth Government, and the oaths

of office from the Governor to the constable, freeman and transient

resident, recognize their duty as British subjects, and breathe a spirit

of pure loyalty to their Sovereign. The only reference I find in their

records to the Commonwealth of England is the following declaration,

made in 1658, the last year of Cromwell's government. It is the preface

to the collection of the General Laws, revised and published Sept. 29,

1658, and is as follows:

"We, the associates of New Plymouth, coming hither as freeborn subjects

of the State of England, endowed with all the privileges belonging to

such, being assembled, do ordain, constitute and enact that no act,

imposition, laws or ordinances be made or imposed on us at present or to

come, but such as shall be made and imposed by consent of the body of

the associates or their representatives legally assembled, which is

according to the free libertie of the State of England."

At the first annual meeting of the Plymouth House of Representatives

after the restoration of Charles the Second, the following declaration

and order was made:

"Whereas we are certainly informed that it hath pleased God to establish

our Sovereign Lord King Charles the Second in the enjoyment of his

undoubted rights to the Crowns of England, Scotland, France and Ireland,

and is so declared and owned by his good subjects of these kingdoms; We

therefore, his Majesty's loyal subjects, the inhabitants of the

jurisdiction of New Plymouth, do hereby declare our free and ready

concurrence with such other of his Majesty's subjects, and to his said

Majesty, his heirs and successors, we do most humbly and faithfully

submit and oblige ourselves for ever. God save the King.

"June the fifth, Anno Dom. 1661.

"The fifth day of June, 1661, Charles the Second, King of England,

Scotland, France and Ireland, &c., was solemnly proclaimed at Plymouth,

in New England, in America." (This the Puritan Government of

Massachusetts Bay refused to do.)

On the accession of James the Second we find the following entry in the

Plymouth records: "The twenty fourth of April, 1685, James the Second,

King of England, Scotland, France and Ireland, &c., was solemnly

proclaimed at Plymouth according to the form required by his Majesty's

most honourable Privy Council."

After the Revolution of 1688 in England, there is the following record

of the proceedings of the Legislature of the Plymouth colony--proceedings

in which testimony is borne by the colonists of the uniformly kind

treatment they had received from the Government of England, except during

a short interval under the three years' reign of James the Second:

"At their Majesties' General Court of Election, held at Plymouth on the

first Tuesday in June, 1689.

"Whereas, through the great changes Divine Providence hath ordered out,

both in England and in this country, we the loyal subjects of the Crown

of England are left in an unsettled estate, destitute of government and

exposed to the ill consequences thereof: and _having heretofore enjoyed

a quiet settlement of government in this their Majesties' colony of New

Plymouth for more than threescore and six years, without any

interruptions; having also been by the late kings of England from time

to time, by their royal letters, graciously owned and acknowledged

therein_: whereby, notwithstanding our late unjust interruption and

suspension therefrom by the illegal arbitrary power of Sir Edmond

Andros, now ceased, the General Court held there in the name of their

present Majesties William and Mary, King and Queen of England, &c.,

together with the encouragement given by their said Majesties' gracious

declarations and in humble confidence of their said Majesties' good

liking: do therefore hereby resume and declare their reassuming of their

said former way of government, according to such wholesome

constitutions, rules and orders as were here in force in June, 1686, our

title thereto being warranted by prescription and otherwise as

aforesaid; and expect a ready submission thereunto by all their

Majesties' good subjects of this colony, until their Majesties or this

Court shall otherwise order; and that all our Courts be hereafter held

and all warrants directed and officers sworn in the name of their

Majesties William and Mary, King and Queen of England, &c.

"The General Court request the Honourable Governor, Thomas Hinckley,

Esq., in behalf of said Court and Colony of New Plymouth, to make their

address to their Majesties the King and Queen of England, &c., for the

re-establishment of their former enjoyed liberties and privileges, both

sacred and civil."

We have thus the testimony of the Plymouth colony itself that there was

no attempt on the part of either Charles the First or Second to

interfere with the fullest exercise of their own chosen form of worship,

or with anything which they themselves regarded as their civil rights.

If another course of proceedings had to be adopted in regard to the

Puritan Government of Massachusetts Bay, it was occasioned by their own

conduct, as will appear hereafter. Complaints were made by colonists to

England of the persecuting and unjust conduct of the Puritan Government,

and inquiries were ordered in 1646, 1664, 1678, and afterwards. The

nature and result of these inquiries will be noticed hereafter. At

present I will notice the first Commission sent out by Charles the

Second, in 1664, and which was made general to the several colonies, to

avoid invidious distinction, though caused by complaints against the

conduct of the Puritan Government of Massachusetts Bay. The

Commissioners proposed four questions to the Governments of the several

colonies of New England. I will give the questions, or rather

propositions, and the answers to them on the part of the Pilgrim

Government of Plymouth, as contained in its printed records:--

"_The Propositions made by His Majesty's Commissioners to the General

Court of (New Plymouth), held at Plymouth, for the jurisdiction of New

Plymouth, the 22nd of February, Anno Dom. 1665._

"1. That all householders inhabiting in the colony take the oath of

allegiance, and the administration of justice be in his Majesty's name.

"2. That all men of competent estates and civil conversation, though of

different judgments, may be admitted to be freemen, and have liberty to

choose and to be chosen officers, both civil and military.

"3. That all men and women of orthodox opinions, competent knowledge and

civil lives (not scandalous), may be admitted to the sacrament of the

Lord's Supper, and their children to baptism if they desire it; either

by admitting them into the congregation already gathered, or permitting

them to gather themselves into such congregations, where they may have

the benefit of the sacraments.

"4. That all laws and expressions in laws derogatory to his Majesty, if

any such have been made in these late troublesome times, may be

repealed, altered, and taken off from the file."

THE COURT'S ANSWER.

"1. To the first we consent, it _having been the practice of this

Court_, in the first place, _to insert in the oath of fidelity required

of every householder, to be truly loyal to our Sovereign Lord the King,

his heirs and successors. Also to administer all acts of justice in his

Majesty's name_.

"2. To the second we also consent, _it having been our constant practice

to admit men of competent estates and civil conversation, though of

different judgments, yet being otherwise orthodox, to be freemen, and

to have liberty to choose and be chosen officers, both civil and

military_.

"3. To the third, we cannot but acknowledge it to be a high favour from

God and from our Sovereign, that we may enjoy our consciences in point

of God's worship, the main end of transplanting ourselves into these

remote corners of the earth, and should most heartily rejoice that all

our neighbours so qualified as in that proposition would adjoin

themselves to our societies, according to the order of the Gospel, for

enjoyment of the sacraments to themselves and theirs; but if, through

different persuasions respecting Church government, it cannot be

obtained, we could not deny a liberty to any, according to the

proposition, that are truly conscientious, although differing from us,

especially where his Majesty commands it, they maintaining an able

preaching ministry for the carrying on of public Sabbath worship, which

we doubt not is his Majesty's intent, and withdrawing not from paying

their due proportions of maintenance to such ministers as are orderly

settled in the places where they live, until they have one of their own,

and that in such places as are capable of maintaining the worship of God

in two distinct congregations, we being greatly encouraged by his

Majesty's gracious expressions in his letter to us, and your Honours'

further assurance of his Royal purpose to continue our liberties, that

where places, by reason of our paucity and poverty, are incapable of

two, it is not intended, that such congregations as are already in being

should be rooted out, but their liberties preserved, there being other

places to accommodate men of different persuasions in societies by

themselves, which, by our known experience, tends most to the

preservation of peace and charity.

"4. To the fourth, we consent that all laws and expressions in laws

derogatory to his Majesty, if any sect shall be formed amongst us, which

at present we are not conscious of, shall be repealed, altered, and

taken off from the file.

"By order of the General Court

For the jurisdiction of New Plymouth,

Per me, NATHANIEL MORTON, _Secretary_."

"The league between the four colonies was not with any intent, that ever

we heard of, to cast off our dependence upon England, a thing which we

utterly abhor, intreating your Honours to believe us, for we speak in

the presence of God."

"NEW PLYMOUTH, May 4th, 1665.

"The Court doth order Mr. Constant Southworth, Treasurer, to present

these to his Majesty's Commissioners, at Boston, with all convenient

speed."

The above propositions and answers are inserted, with some variations,

in Hutchinson's History of Massachusetts, Vol. I., p. 214. The remark

respecting the union between the colonies is not on the colony

records--it was inserted at the close of the copy delivered to the

Commissioners, in conformity to a letter from the Commissioners, written

to Governor Prince after they had left Plymouth. The conditions

expressed in the answer to the third proposition appeared so reasonable

to the Commissioners, that when they afterward met the General Assembly

of Connecticut, in April, 1663, their third proposition is qualified, in

substance, conformably to the Plymouth reply. (Morton's Memorial, Davis'

Ed., p. 417.)

It is thus seen that there was not the least desire on the part of King

Charles the Second, any more than there had been on the part of Charles

the First, to impose the Episcopal worship upon the colonists, or to

interfere in the least with their full liberty of worship, according to

their own preferences. All that was desired at any time was toleration

and acknowledgment of the authority of the Crown, such as the Plymouth

colony and that of Connecticut had practised from the beginning, to the

great annoyance of the Puritans of Massachusetts.

Several letters and addresses passed between Charles the Second and the

Pilgrim Government of Plymouth, and all of the most cordial character on

both sides; but what is given above supersedes the necessity of further

quotations.[15]

It was an object of special ambition with the Government of Plymouth to

have a Royal Charter like those of Massachusetts Bay, Connecticut, and

Rhode Island, instead of holding their land, acting under a Charter from

the Plymouth Council (England) and Charles the Second. In his last

address to Mr. Josiah Winslow, their Governor promised it to them in

most explicit terms; but there was a case of _quo warranto_ pending in

the Court of King's Bench against the Puritan Government for the

violation of their Charter, which delayed the issuing of a Royal Charter

to Plymouth. Charles died soon after;[16] the Charter of the

Massachusetts Corporation was forfeited by the decision of the Court,

and James the Second appointed a Royal Governor and a Royal

Commissioner, which changed for the time being the whole face of things

in New England.

It, however, deserves notice, that the Massachusetts Puritans, true to

their instinct of encroaching upon the rights of others, whether of the

King or of their neighbours, white or tawny, did all in their power to

prevent the Pilgrims of Plymouth--the pioneers of settlement and

civilization in New England--from obtaining a Royal Charter. This they

did first in 1630, again in the early part of Charles the Second's

reign, and yet again towards its end. Finally, after the cancelling of

the Massachusetts Charter, and the English Revolution of 1688, the

agents of the more powerful and populous Massachusetts colony succeeded

in getting the colony of Plymouth absorbed into that of Massachusetts

Bay by the second Royal Charter granted by William and Mary in 1692.

"The junction of Plymouth with Massachusetts," says Moore, "destroyed

all the political consequence of the former. The people of Plymouth

shared but few favours which the new Government had to bestow, and it

was seldom indeed that any resident of what was termed the old colony

obtained any office of distinction in the Provisional Government, or

acquired any influence in its councils."[17]

This seems a melancholy termination of the Government of the

Pilgrims--a princely race of men, who voluntarily braved the sufferings

of a double exile for the sake of what they believed to be the truth and

the glory of God; whose courage never failed, nor their loyalty wavered

amidst all their privations and hardships; who came to America to enjoy

religious liberty and promote the honour of England, not to establish

political independence, and granted that liberty to others which they

earned and had suffered so much to enjoy themselves; who were honourable

and faithful to their treaty engagements with the aborigines as they

were in their communications with the Throne; who never betrayed a

friend or fled from an enemy; who left imperishable footprints of their

piety and industry, as well as of their love of liberty and law, though

their self-originated and self-sustained polity perished at length, by

royal forgetfulness and credulity, to the plausible representations and

ambitious avarice of their ever aggressive Massachusetts Puritan

neighbours.

While the last act of the Pilgrims before leaving the _Mayflower_, in

the harbour of Cape Cod, was to enter into a compact of local

self-government for common protection and interests, and their first act

on landing at New Plymouth was, on bended knees, to commend themselves

and their settlement to the Divine protection and blessing, it is a

touching fact that the last official act of the General Assembly of the

colony was to appoint a day of solemn fasting and humiliation on the

extinction of their separate government and their absorption into that

of Massachusetts Bay.

It was among the sons and daughters of the Plymouth colony that almost

the only loyalty in New England during the American Revolution of the

following century was found. Most of the descendants of Edward Winslow,

and of his more distinguished son, Josiah Winslow, were loyalists during

that revolution.[18] In the councils of the mother country, the merits

of the posterity of the Pilgrims have been acknowledged; as in her

service some of them, by their talents and courage, have won their way

to eminence. Among the proudest names in the British navy are the

descendants of the original purchaser of Mattapoisett, in Swansey

(William Brenton, afterwards Governor of Rhode Island);[19] to the

distinguished title of one of the English peerage is attached the name

of one of the early settlers of Scituate, in the Plymouth colony

(William Vassall, who settled there in 1635.)[20]

"In one respect," says Moore, "the people of the Old Colony present a

remarkable exception to the rest of America. They are the purest English

race in the world; there is scarcely an intermixture even with the

Scotch or Irish, and none with the aboriginals. Almost all the present

population are descended from the original English settlers. Many of

them still own the lands which their early ancestors rescued from the

wilderness; and although they have spread themselves in every direction

through this wide continent, from the peninsula of Nova Scotia to the

Gulf of Mexico, some one of the family has generally remained to

cultivate the soil which was owned by his ancestors. The fishermen and

the navigators of Maine, the children of Plymouth, still continue the

industrious and bold pursuits of their forefathers. In that fine

country, beginning at Utica, in the State of New York, and stretching to

Lake Erie, this race may be found on every hill and in every valley, on

the rivers and on the lakes. The emigrant from the sandbanks of Cape Cod

revels in the profusion of the opulence of Ohio. In all the Southern and

South-Western States, the natives of the "Old Colony," like the

Arminians of Asia, may be found in every place where commerce and

traffic offer any lure to enterprise; and in the heart of the peninsula

of Michigan, like their ancestors they have commenced the cultivation of

the wilderness--like them originally, with savage hearts and savage men,

and like them patient in suffering, despising danger, and animated with

hope."[21]

FOOTNOTES:

[Footnote 10: "The term PILGRIMS belongs exclusively to the Plymouth

colonists." (Young's Chronicles of the Pilgrims, p. 88, note.)]

[Footnote 11: The only exception was by Prence, when elected Governor in

1657. He had imbibed the spirit of the Boston Puritans against the

Quakers, and sought to infuse his spirit into the minds of his

assistants (or executive councillors) and the deputies; but he was

stoutly opposed by Josias Winslow and others. The persecution was short

and never unto death, as among the Boston Puritans. It was the only

stain of persecution upon the rule of the Pilgrims during the seventy

years of their separate government, and was nobly atoned for and effaced

by Josias Winslow, when elected Governor in the place of Prence.]

[Footnote 12: Massachusetts Historical Collections, 3rd Series, Vol.

II., p. 226.]

[Footnote 13: "The colony of Plymouth included the present counties of

Plymouth, Barnstaple, and Bristol, and a part of Rhode Island. All the

Providence Plantations were at one time claimed by Plymouth. The

boundaries between Plymouth and Massachusetts were settled in 1640 by

commissioners of the united colonies." (_Ib._, p. 267.)]

[Footnote 14: The laws they intended to be governed by were the laws of

England, the which they were willing to be subject unto, though in a

foreign land, and have since that time continued of that mind for the

general, adding only some particular municipal laws of their own,

suitable to their constitution, in such cases where the common laws and

statutes of England could not well reach, or afford them help in

emergent difficulties of place. (Hubbard's "General History of New

England, from the Discovery to 1680." Massachusetts Historical

Collection, 2nd Series, Vol. I., p. 62.)

Palfrey says: "All that is extant of what can properly be called the

legislation of the first twelve years of the colony of Plymouth,

suffices to cover in print only two pages of an octavo volume." (History

of New England, Vol. I., pp. 340, 341.)]

[Footnote 15: "Their residence in Holland had made them acquainted with

the various forms of Christianity; a wide experience had emancipated

them from bigotry; and they were never betrayed into the excesses of

religious persecution, though they sometimes permitted a disproportion

between punishment and crime." (Bancroft's History of the United States,

Vol. I., p. 322.)

"The Plymouth Church is free from blood." (Elliott's History of New

England, Vol. I., p. 133.)]

[Footnote 16: "Charles the Second, with a spirit that does honour to his

reign, at that time meditated important plans for the reformation of New

England." (Annals of the Colonies, pp. 88, 89.)]

[Footnote 17: Moore's Lives of the Governors of New Plymouth, p. 228.

The contest between the Pilgrims of Plymouth and the Puritans of

Massachusetts, in regard to granting a separate charter to the former,

was severe and bitter. The Plymouth Government, by its tolerance and

loyalty, had been an "eyesore" to the other intolerant and disloyal

Puritans of Massachusetts. Perhaps the Imperial Government of the day

thought that the fusion of the two Governments and populations into one

would render the new Government more liberal and loyal; but the result

proved otherwise.]

[Footnote 18: "Most of his descendants were loyalists during the

American Revolution. One of them was the wife of John S. Copley, the

celebrated painter, and father of the late Lord Lyndhurst" (Moore.)]

[Footnote 19: Jahleel Brenton, grandson of Governor Wm. Brenton, had

twenty-two children. His fourth son, born Oct. 22, 1729, entered the

British navy when a youth, distinguished himself and rose to the rank of

Admiral. He died in 1802. "His son Jahleel was bred to the sea, rose to

be an Admiral, and was knighted in 1810." (Moore's Lives of the

Governors of New Plymouth, p. 229.)]

[Footnote 20: In 1650 he removed to the West Indies, where he laid the

foundation of several large estates, and where he died, in Barbadoes, in

1655. (Moore, p. 126.) "Thomas Richard, the third Lord Holland, married

an heiress by the name of Vassall, and his son, Henry Richard Fox

Vassall, is the present Lord Holland, Baron Holland in Lincolnshire, and

Foxley in Wilts." (Playfair's British Family Antiquities, Vol. II., p.

182.)]

[Footnote 21: Moore's Lives of the Governors of New Plymouth, pp.

228-230.]

CHAPTER III.

THE PURITANS OF THE MASSACHUSETTS BAY COMPANY AND THEIR GOVERNMENT,

COMMENCING IN 1629.

PART I.

FIRST SETTLEMENT--ROYAL CHARTER GRANTED.

English Puritanism, transferred from England to the head of

Massachusetts Bay in 1629, presents the same characteristics which it

developed in England. In Massachusetts it had no competitor; it

developed its principles and spirit without restraint; it was absolute

in power from 1629 to 1689, and during that sixty years it assumed

independence of the Government to which it owed its corporate existence;

it made it a penal crime for any emigrant to appeal to England against a

local decision of Courts or of Government; it permitted no oath of

allegiance to the King, nor the administration of the laws in his name;

it allowed no elective franchise to any Episcopalian, Presbyterian,

Baptist, Quaker, or Papist. Every non-member of the Congregational

Churches was compelled to pay taxes and bear all other Puritan burdens,

but was allowed no representation by franchise, much less by eligibility

for any office.

It has been seen that the "_Pilgrim_ Fathers" commenced their settlement

at New Plymouth in 1620--nine years before the "_Puritan_ Fathers"

commenced their settlement on the opposite side of Massachusetts Bay,

making Boston their ultimate seat of government. The Pilgrim Fathers and

their descendants were professedly congregational separatists from the

Church of England; they had fled by stealth, under severe sufferings,

from persecution in England to Holland, where they had resided eleven

years and upwards, and where they had learned the principles of

religious toleration and liberty--the fruit of Dutch Arminian advocacy

and suffering. The Puritans of the Massachusetts Bay Company emigrated

directly from England, on leaving which they professed to be members of

the Church of England; their emigration commenced in 1628, the very year

that Charles the First, having quarrelled with and dissolved the last of

three Parliaments in less than four years, commenced his eleven years'

rule without a Parliament. During that eleven years a constant current

of emigration flowed from England to Massachusetts Bay, to the extent of

13,000, including no less than seventy clergymen of the Church of

England, and many men of rank, and wealth to the amount of some

£300,000. All these emigrants, or "adventurers," as they were called,

left England with a stinging sense of royal and episcopal despotism, and

with a corresponding hatred of royalty and episcopacy, but with no

conception of the principles of religious toleration or liberty beyond

themselves.

During the eight years' interval between the settlement of the Pilgrims

at New Plymouth to that of the Puritans at Salem and Boston, trade had

largely increased between England and Massachusetts Bay,[22] and the

climate, fisheries, furs, timber, and other resources of northern New

England became well known, and objects of much interest in England.

King James had divided all that part of North America, 34° and 45° of

North latitude, into two grand divisions, bestowing the southern part

upon a London Company, and the northern part upon a Company formed in

Plymouth and Bristol. The Northern Company resolved to strengthen their

interests by obtaining a fresh grant from the King. A new patent was

issued reorganizing the Company as the Council for the Affairs of New

England, the corporate power of which was to reside at Plymouth, west of

England, under the title of the "Grand Council of Plymouth," with a

grant of three hundred square miles in New England. The Company formed

projects on too large a scale, and did not succeed; but sold that

portion of its territory which constituted the first settlements of the

Massachusetts Bay Company to some merchants in the west of England, who

had successfully fished for cod and bartered for furs in the region of

Massachusetts Bay, and who thought that a plantation might be formed

there. Among the most active encouragers of this enterprise was the Rev.

John White, a clergyman of Dorchester, a maritime town, which had been

the source of much commercial adventure in America.[23] One special

object of Mr. White was to provide an asylum for the ministers who had

been deprived and silenced in England for nonconformity to the canons

and ceremonies imposed by Laud and his associates. Through Mr. White the

guarantees became acquainted with several persons of his religious

sympathies in London, who first associated with them, and afterwards

bought rights in their patent. Among these was Matthew Cradock, the

largest stockholder in the Company, who was appointed its first

president, with eighteen associates, including John Winthrop, Isaac

Johnson, Sir Richard Saltonstall, and other persons of "like quality."

The chief object of these gentlemen in promoting a settlement in New

England was to provide a retreat where their co-religionists of the

Church of England could enjoy liberty in matters of religious worship

and discipline. But the proposed undertaking could not be prosecuted

with success without large means; in order to secure subscriptions for

which the commercial aspect of it had to be prominently presented.

The religious aspect of the enterprise was presented under the idea of

connecting and civilizing the idolatrous and savage Indian tribes of New

England. There was no hint, and I think no intention, of abolishing and

proscribing the worship of the Church of England in New England; for Mr.

White himself, the projector and animating spirit of the whole

enterprise, was a conformist clergyman.[24] It was professedly a

religio-commercial undertaking, and combined for its support and

advancement the motives of religion and commerce, together with the

enlargement of the Empire.

For greater security and more imposing dignity, the "adventurers"

determined to apply for a Royal Charter of incorporation. Their

application was seconded by Lord Dorchester and others near the Throne;

and Charles the First, impressed with the novel idea of at once

extending religion, commerce, and his Empire, granted a Royal Patent

incorporating the Company under the name of "The Governor and Company of

Massachusetts Bay, in New England." But several months before the Royal

Charter was obtained, or even application for it made, Endicot, one of

the stockholders, was sent out with a ship of one hundred emigrants,

and, in consequence of his favourable report, application was made for a

Royal Charter.[25]

It was the conduct of Endicot, a few months after his arrival at

Massachusetts Bay--first condemned and afterwards sustained and

justified by the Directors of the Corporation in London--that laid the

foundation of the future Church history of New England, and of its

disputes with the mother country. Endicot and his one hundred emigrant

adventurers arrived in the summer of 1628, and selected Naumkeag, which

they called Salem, as their place of settlement, the 6th of September.

Endicot was sent, with his company, by the Council for New England, "to

supersede Roger Conant at Naumkeag as local manager."[26] "The colony,

made up of two sources, consisted of not much above fifty or sixty

persons, none of whom were of special importance except Endicot, who was

destined to act for nearly forty years a conspicuous part in New England

history."[27] The Royal Charter passed the seals the 4th of March, 1629,

with Mr. Cradock as the first Governor of the Company. "The first step

of the new Corporation was to organize a government for its colony. It

determined to place the local administration in the hands of thirteen

councillors, to retain their office for one year. Of these, seven,

besides the Governor (in which office Endicot was continued), were to be

appointed by the Company at home; these eight were to choose three

others; and the whole number was to be made up by the addition of such

as should be designated by the persons on the spot at the time of

Endicot's arrival, described as "old planters."[28] A second embarkation

of planters and servants was ordered by the Company at a meeting, April

30, 1629, shortly after its incorporation by Royal Charter. Five ships

were provided for this embarkation; and four ministers were

provided--Francis Higginson, Samuel Skelton, Francis Bright, and Ralph

Smith.[29] Mr. Higginson says in his journal that he sailed from the

Isle of Wight the 11th of May, and arrived at Cape Ann the 27th of June,

and at Naumkeag (Salem) the 29th. They found at Naumkeag about one

hundred planters and houses, besides a fair house built for Mr. Endicot.

The old and new planters together were about three hundred, of whom one

hundred removed to Charlestown, where there was a house built; the rest

remained at Salem.

"Mr. Endicot had corresponded with the settlers at Plymouth, who

satisfied him that they were right in their judgments of the outward

form of worship, being much like that of the Reformed Churches of

France, &c. On the 20th of July, Mr. Higginson and Mr. Skelton, after

fasting and prayer, were first elected by the Company for their

ministers--the first, teacher; the other, pastor. Each of them, together

with three or four grave members, lay their hands on each and either,

with solemn prayer. Nothing is said of any Church being formed; but on

the 6th of August, the day appointed for the choice and ordination of

elders and deacons, thirty persons entered into a covenant in writing,

which is said to be the beginning of the Church, and that the ministers

were ordained or instituted anew. The repetition of this form they

probably thought necessary, because the people were not in a Church

state before. It is difficult to assign any other reason. Messengers or

delegates from the Church of Plymouth were expected to join with them,

but contrary winds hindered them, so that they did not arrive until the

afternoon, but time enough to give the right hand of fellowship.

"Two of the company, John and Samuel Brown, one a lawyer, the other a

merchant, both men of good estates, and of the first patentees of the

Council, were dissatisfied. They did not like that the Common Prayer and

service of the Church of England should be wholly laid aside, and

therefore drew off, with as many as were of their sentiments, from the

rest, and set up a separate society. This offended the Governor, who

caused the two members of his Council to be brought before him; and

judging that this practice, together with some speeches they had

uttered, tended to sedition, he sent them back to England. The heads of

the party being removed, the opposition ceased."[30]

PART II.

THE QUESTION INVOLVING THE PRIMARY CAUSE OF THE AMERICAN REVOLUTION, THE

SETTING UP OF A NEW FORM OF WORSHIP, AND ABOLISHING AND PROSCRIBING THAT

OF THE CHURCH OF ENGLAND; THE FACTS ANALYZED AND DISCUSSED; INSTRUCTIONS

AND OATHS OF ALLEGIANCE ORDERED BY THE LONDON COMPANY AND DISREGARDED BY

THE GOVERNOR AND COUNCIL AT MASSACHUSETTS BAY.

As the whole question of the future Church-state in Massachusetts, and

the future relations of the colony to England, is involved in and

resulted from this proceeding, it is necessary to examine it thoroughly

in relation both to the state of things in the mother country and in the

colony, as well as the provisions of the Royal Charter. To do this,

several things are to be considered: 1. With what views was the Royal

Charter granted, and with what professed views did the first Governor

and his associates leave England under the provisions of the Charter,

and carrying it with them to Massachusetts Bay? 2. What were the

provisions of the Charter itself on the subject of religion? 3. What

were the powers claimed and exercised under it by the Massachusetts

Puritans? 4. How far the proceedings of the Massachusetts Puritans were

consistent with their original professions, with good faith towards the

Mother Country, and with the principles of civil and religious liberty

in the colony?

A careful recollection of the collateral events in England and those of

the colony, at the time and after granting the Royal Charter, is

requisite to a correct understanding of the question, and for the

refutation of those statements by which it was misrepresented and

misunderstood.

1. The first question is, with what views was the Royal Charter granted,

and with what professed views did the Governor and his associates leave

England under the provisions of the Charter, and carrying it with them

to Massachusetts Bay?

The theory of some New England historians is, that Puritanism in England

was opposed to the Church of England, and especially to its Episcopal

government--a theory true as respects the Puritanism of the Long

Parliament after the second year of its existence, and of the

Commonwealth and Cromwell, but which is entirely at variance with facts

in respect to the Puritanism professed in England at the time of

granting the Royal Charter to the Massachusetts Company in 1620, and for

twelve years afterwards. In the Millenary Petition presented by the

Puritan party in the Church to James the First, on his coming to the

throne, presbytery was expressly disclaimed; and in the first three

Parliaments of Charles the First, during which all the grievances

complained of by the Puritans were stated and discussed in the Commons,

not the slightest objection was made to Episcopacy, but, on the

contrary, reverence and fidelity in regard to it was professed without

exception; and when the Long Parliament first met, eleven years after

the granting of the Royal Charter to the Massachusetts Bay Company,

every member but one professed to be an Episcopalian, and the Holy

Communion, according to the order of the Church, was, by an unanimous

vote of the Commons, ordered to be partaken by each member. In all the

Church, as well as judicial and political, reforms of this Parliament

during its first session, Episcopacy was regarded and treated as

inviolate; and it was not until the following year, under the promptings

of the Scotch Commissioners, that the "root and branch" petition was

presented to Parliament against Episcopacy and the Prayer Book, and the

subject was discussed in the Commons. The theory, therefore, that

Puritanism in England was hostile to the Church at the period in

question is contradicted by all the "collateral" facts of English

history, as it is at variance with the professions of the first

Massachusetts Puritans themselves at the time of their leaving England.

This is true in respect to Endicot himself, who was appointed manager of

the New England Company, to succeed Roger Conant, and in charge of one

hundred "adventurers" who reached Naumkeag (which they called Salem) in

September, 1628--seven months before the Royal Charter granted by

Charles the First passed the seals. Within two months after the Royal

Charter was granted, another more numerous party of "adventurers"

embarked for New England, and among these two gentlemen, original

patentees and members of the Council--John and Samuel Brown, and four

ministers--Higginson, Skelton, Bright, and Smith. During the winter of

1628-9 much sickness prevailed among the emigrants who accompanied

Endicot, who sent for a physician to the Plymouth settlement of the

Pilgrim Fathers. A Doctor Fuller was sent, who, while he prescribed

medicine for the sick of the newly-arrived emigrants, converted Endicot

from Episcopalianism to Congregationalism--at least from being a

professed Churchman to being an avowed Congregationalist. This is

distinctly stated by all the historians of the times.[31]

It is therefore clear that Endicot had imbibed new views of Church

government and form of worship, and that he determined not to perpetuate

the worship of the Church of England, to which he had professed to

belong when he left England, but to form a new Church and a new form of

worship. He seems to have brought over some thirty of the new emigrants

to his new scheme; and among these were the newly-arrived ministers,

Higginson and Skelton. They were both clergymen of the Puritan

school--professing loyalty to the Church, but refusing to conform to the

novel ceremonies imposed by Laud and his party.[32] But within two

months after their arrival, they entered into the new views of Endicot

to found a new Church on the Congregational system. Their manner of

proceeding to do so has been stated above (p. 29.) Mr. Hutchinson

remarks--"The New England Puritans, when at full liberty, went the full

length which the Separatists did in England. It does not follow that

they would have done so if they had remained in England. In their form

of worship they universally followed the New Plymouth Church."[33]

The question is naturally suggested, could King Charles the First, in

granting the Charter, one declared object of which was converting the

Indians, have intended or contemplated the superseding the Church for

whose episcopacy he perished on the scaffold, by the establishment of

Congregationalism in New England? The supposition is absurd, and it is

equally unreasonable to suppose that those who applied for and obtained

the Charter contemplated anything of the kind, as will appear presently.

It can hardly be conceived that even among the newly-arrived emigrants

on the shores of Massachusetts, such a revolution as the adoption of a

new form of worship could be accomplished without doing violence to the

convictions and endeared associations of some parties. However they

might have objected to the ceremonies and despotic acts of the Laudian

school in England, they could not, without a pang and voice of

remonstrance, renounce the worship which had given to England her

Protestantism and her liberties, or repudiate the book which embodied

that form of worship, and which was associated with all that had exalted

England, from Cramner and Ridley to their own day. Congregationalism

had done nothing for the Protestantism or liberties of England, and it

would have been strange indeed had there not been some among the

emigrants who would not consider their change of latitude and longitude

as destroying their Church membership, and sundering the additional ties

which connected them with their forefathers and the associations of all

their past life. Endicot, therefore, with all his authority as local

Governor, and all his energy and zeal, and canvassing among the two or

three hundred new emigrants for a new Church, had not been able to get

more than thirty of them, with the aid of the two newly-arrived

ministers, to unite in the new Covenant Confession; but he had got the

(if not coerced) majority of the local Councillors to join with him, and

therefore exercised absolute power over the little community, and

denounced and treated as mutinous and factious all who would not

renounce the Church of their fathers and of their own profession down to

that hour, and adopt the worship of his new community.

As only thirty joined with Endicot in the creation of his new Church

organization and Covenant, it is obvious that a majority of the

emigrants either stood aloof from or were opposed to this extraordinary

proceeding. Among the most noted of these adherents to the old Church of

the Reformation were two brothers, John and Samuel Brown, who refused to

be parties to this new and locally-devised Church revolution, and

resolved, for themselves, families, and such as thought with them, to

continue to worship God according to the custom of their fathers and

nation.

It is the fashion of several American historians, as well as their

echoes in England, to employ epithets of contumely in regard to those

men, the Browns--both of them men of wealth--the one a lawyer and the

other a private gentleman--both of them much superior to Endicot himself

in social position in England--both of them among the original patentees

and first founders of the colony--both of them Church reformers, but

neither of them a Church revolutionist. It is not worthy of Dr. Palfrey

and Mr. Bancroft to employ the words "faction" and "factionists" to the

protests of John and Samuel Brown.[34]

What is stated by Dr. Palfrey and Mr. Bancroft more than refutes and

condemns the opprobrious epithets they apply to the Browns. On pages 29

and 30 I have given, in the words of Mr. Hutchinson, the account of the

formation of the new Church, and the expulsion of the Browns for their

refusal to conform to it. Dr. Palfrey states the transaction between

Endicot and the Browns in the following words:

"The transaction which determined the religious constitution of New

England gave offence to two of the Councillors, John and Samuel Brown.

Considering the late proceedings, _as well they might do_, to amount to

a _secession from the national Establishment_, they, with some others of

the same mind, set up a separate worship, conducted according to the

Book of Common Prayer. Endicot and his friends were in no mood to

tolerate this schism. The brothers, brought before the Governor, said

that the ministers 'were Separatists, and would be Anabaptists.' The

ministers replied that 'they came away from the Common Prayer and

ceremonies, and had suffered much for their nonconformity in their

native land, and therefore, being placed where they might have their

liberty, they neither could nor would use them, because they judged the

imposition of these things to be sinful corruptions of God's worship.'

There was no composing such strife, and 'therefore, finding these two

brothers to be of high spirits, and their speeches and practice tending

to mutiny and faction, the Governor told them that New England was no

place for such as they, and therefore he sent them both back for England

at the return of the ships the same year.'"[35]

Mr. Bancroft says: "The Church was self-constituted. It did not ask the

assent of the King or recognize him as its head; its officers were set

apart and ordained among themselves; it used no Liturgy, and it rejected

unnecessary ceremonies; and reduced the simplicity of Calvin to a still

plainer standard." "There existed even in this little company a few

individuals to whom the new system was unexpected; and in John and

Samuel Brown they found able leaders. Both were members of the Colonial

Council, and they had been favourites of the Corporation in England; and

one of them, an experienced and meritorious lawyer, had been a member of

the Board of Assistants in London. They declared their dissent from the

Church of Higginson; and at every risk of union and tranquillity, they

insisted upon the use of the English Liturgy." "Finding it to be a vain

attempt to persuade the Browns to relinquish their resolute opposition,

and _believing_ that their speeches _tended_ to produce _disorder_ and

dangerous feuds, Endicot sent them back to England in the returning

ships; and _faction_, deprived of its leaders, died away."[36]

It is clear from these statements--partial as they are in favour of

Endicot and against the Browns--that Endicot himself was the innovator,

the Church revolutionist and the would-be founder of a new Church, the

real schismatic from the old Church, and therefore responsible for any

discussions which might arise from his proceedings; while the Browns and

their friends were for standing in the old ways and walking in the old

paths, refusing to be of those who were given to change. Mr. Bancroft

says that "the _new system_ was _unexpected_" to them. Mr. Palfrey says

that "John and Samuel Brown, considering the late proceedings, _as well

they might_, to amount to a _secession from the national Establishment_,

they, with some others of the same mind, set up a separate worship

conducted according to the Book of Common Prayer." Or, more properly,

they _continued_ the worship according to the Book of Common Prayer,

which they and their fathers had practised, as well as Endicot and

Higginson themselves up to that day, refusing to leave the old Church of

the Reformation, and come into a new Church founded by joining of hands

of thirty persons, in a new covenant, walking around the place of the

old town-pump of Salem. Mr. Endicot is sent from England as the manager

of a trading Company, and invested with powers as their local temporary

Governor, to manage their business and remove persons that might disturb

or interfere with its operations; and he becomes acquainted with a

Doctor Fuller, a deacon of a Congregational Church at New Plymouth, and

imbibes his views; and forthwith sets himself to abolish the old Church,

and found a new one, and proceeds at length to banish as seditious and

mutinous those who would not forsake the old way of worship and follow

him in his new way of worship.

Some of the above quoted language of Dr. Palfrey and Mr. Bancroft

implies improper conduct on the part of the brothers Brown, for which

they were banished. Even if that were so, their position of unchangeable

loyalty to their post and of good faith to their Company might be

pleaded in justification of the strongest language on their part. But

such was not the fact; it was their _position_, and not their language

or tempers. Mr. Bancroft himself says, in the American edition of his

History, that "the Browns were banished _because they were Churchmen.

Thus was Episcopacy professed in Massachusetts, and thus was it exiled.

The blessings of the promised land were to be kept for Puritan

dissenters_."[37] This statement of Mr. Bancroft is confirmed and the

conduct of Endicot more specifically stated by earlier New England

historians. In the "Ecclesiastical History of Massachusetts," reprinted

by the Massachusetts Historical Society, the whole affair is minutely

related. The following passages are sufficient for my purpose:

"An opposition of some consequence arose from several persons of

influence, who had been active in promoting the settlement of the place.

At the head of this were Mr. Samuel Brown and Mr. John Brown, the one a

lawyer and the other a merchant, who were attached to the form and usage

of the Church of England. The ministers [Higginson and Skelton],

assisted by Mr. Endicot, endeavoured to bring them over to the practice

of the Puritans, but without success." "These gentlemen, with others,

were conscientious Churchmen, and desired to use the Liturgy, and for

this purpose met in their own houses. The magistrates, or rather Mr.

Endicot, sent to demand a reason for their separation. They answered,

that as they were of the Church established by law in their native

country, it was highly proper they should worship God as the Government

required, from whom they had received their Charter. Surely they might

be allowed that _liberty of conscience_ which all conceived to be

reasonable when they were on the other side of the water. But these

arguments were called _seditious_ and _mutinous_."

"Mr. Bentley imputes the errors of the ministers to the temper of

Endicot, who was determined to execute his own plan of Church

government. Inexperienced in the passions of men, and unaccustomed to

consult even his friends, he was resolved to suffer no opposition; and

as the Salem Church had disdained the authority of the Church of

England, his feelings were hurt and his temper raised against those who

preferred a Liturgy, and whose object might be, as he conceived, to

cause a schism in the community."[38]

The Mr. Bentley referred to above was the historian of the town of

Salem, in a book entitled "Description and History of Salem, by the Rev.

William Bentley," and reprinted in the "Collection of the Massachusetts

Historical Society," Vol. VI., pp. 212-277. Referring to Endicot's

conduct to the Browns, Mr. Bentley says:

"Endicot had been the cause of all the rash proceedings against the

Browns. He was determined to execute his own plan of Church government.

Inexperienced in the passions of men, and unaccustomed to consult even

his friends, he was resolved to admit of no opposition. They _who could

not be terrified into silence_ were _not commanded to withdraw, but they

were seized and banished as criminals_. The fear of injury to the colony

induced its friends in England to give private satisfaction, and then to

write a reproof to him who had been the cause of the outrages; and

Endicot never recovered his reputation in England." (p. 245.)

It is thus clear beyond reasonable doubt that the sole offence of the

Browns, and those who remained with them, was that they adhered to the

worship which they had always practised, and which was professed by all

parties when they left England, and because they refused to follow Mr.

Endicot in the new Church polity and worship which he adopted from the

Congregational Plymouth physician, after his arrival at Salem, and which

he was determined to establish as the only worship in the new

Plantation. It was Endicot, therefore, that commenced the change, the

innovation, the schism, and the power given him as Manager of the

trading business of the Company he exercised for the purpose of

establishing a Church revolution, and banishing the men who adhered to

the old ways of worship professed by the Company when applying for the

Royal Charter, and still professed by them in England. It is not

pretended by any party that the Browns were not interested in the

success of the Company as originally established, and as professed when

they left England; it is not insinuated that they opposed in any way or

differed from Endicot in regard to his management of the general affairs

of the Company; on the contrary, it is manifest by the statement of all

parties that the sole ground and question of dispute between Endicot and

the Browns was the refusal of the latter to abandon the Episcopal and

adopt the Congregational form of worship set up by Endicot and thirty

others, by joining of hands and subscribing to a covenant and confession

of faith around the well-pump of Naumkeag, then christened Salem.

The whole dispute, then, narrowed to this one question, let us inquire

in what manner the Browns and their friends declined acting with Endicot

in establishing a new form of worship instead of that of the Church of

England?

It does not appear that Endicot even consulted his local Council, much

less the Directors of the Company in England, as to his setting up a new

Church and new form of worship in the new Plantation at Salem. Having

with the new accession of emigrants received the appointment of

Governor, he appears to have regarded himself as an independent ruler.

Suddenly raised from being a manager and captain to being a Governor, he

assumed more despotic power than did King Charles in England, and among

the new emigrants placed under his control, and whom he seems to have

regarded as his subjects--himself their absolute sovereign, in both

Church and State. In his conferences with Fuller, the Congregational

doctor from New Plymouth, he found the Congregational worship to answer

to his aspirations as in it he could on the one hand gratify his hatred

of King and Church, and on the other hand become the founder of the new

Church in a new Plantation. He paused not to consider whether the

manager of a trading Company of adventurers had any authority to abolish

the worship professed by the Company under whose authority he was

acting; how far fidelity required him to give effect to the worship of

his employers in carrying out their instructions in regard to the

religious instruction of their servants and the natives; but he

forthwith resolved to adopt a new confession of faith and to set up a

new form of worship. On the arrival of the first three chaplains of the

Company, in June of 1629, several months after his own arrival, Endicot

seems to have imparted his views to them, and two of them, Higginson and

Skelton, fell in with his scheme; but Mr. Bright adhered to his Church.

It was not unnatural for Messrs. Higginson and Skelton to prefer

becoming the fathers and founders of a new Church than to remain

subordinate ministers of an old Church. The Company, in its written

agreement with them, or rather in its instructions accompanying them to

Endicot, allowed them discretion in their new mission field as to their

mode of teaching and worship; but certainly no authority to ignore it,

much less authority to adopt a new confession of faith and a new form of

worship.

Within three months after the arrival of these chaplains of the Company

at Salem, they and Endicot matured the plan of setting up a new Church,

and seemed to have persuaded thirty-one of the two hundred emigrants to

join with them--a minority of less than one-sixth of the little

community; but in that minority was the absolute Governor, and against

whose will a majority was nothing, even in religious matters, or in

liberty of conscience. Government by majorities and liberty of

conscience are attributes of freedom.

Let it be observed here, once for all, that Endicot and his friends are

not, in my opinion, censurable for changing their professed religious

opinions and worship and adopting others, if they thought it right to do

so. If, on their arrival at Massachusetts Bay, they thought and felt

themselves in duty bound to renounce their old and set up a new form of

worship and Church discipline, it was doubtless their right to do so;

but in doing so it was unquestionably their duty not to violate their

previous engagements and the rights of others. They were not the

original owners and occupants of the country, and were not absolutely

free to choose their own form of government and worship; they were

British subjects, and were commencing the settlement of a territory

granted them by their Sovereign; they were sent there by a Company

existing and acting under Royal Charter; Endicot was the chief agent of

that Company, and acting under their instructions. As such, duty

required him to consult his employers before taking the all-important

step of setting aside the worship they professed and establishing a new

one, much less to proscribe and banish those who had adventured as

settlers upon the old professed worship, and declined adopting the new.

And was it not a violation of good faith, as well as liberty of

conscience, to deny to the Browns and their friends the very worship on

the profession of which by all parties they had embarked as settlers in

New England? To come to New England as Churchmen, and then abolish the

worship of the Church and set up a new form of worship, without even

consulting his employers, was what was done by Endicot; and to come as

Churchmen to settle in New England, and then to be banished from it for

being Churchmen, was what was done to the Browns by Endicot.

This act of despotism and persecution--apart from its relations to the

King, and the Company chartered by him--is the more reprehensible from

the manner of its execution and the circumstances connected with it.

It appears from the foregoing statements and authorities, that the

Browns were not only gentlemen of the highest respectability, Puritan

Churchmen, and friends of the colonial enterprise, but that when Endicot

resolved upon founding a new Church and worship, they did not interfere

with him; they did not interrupt, by objection or discussion, his

proceedings around the well-pump of Salem in organizing a new Church and

in heretofore professing clergymen of the Church of England, and with

its vows upon them, and coming as chaplains of a Church of England

Corporation, submitting to a new ordination in order to exercise

ecclesiastical functions. The Browns and their friends seem to have been

silent spectators of these proceedings--doubtless with feelings of

astonishment if not of grief--but determined to worship in their

families and on the Sabbath in their old way. But in this they were

interrupted, and haled before the new Governor, Endicot, to answer for

their not coming to his worship and abandoning that which they and their

fathers, and Endicot himself, had practised; were called "Separatists,"

for not acting as such in regard to their old way of worship; and were

treated as "seditious and mutinous," for justifying their fidelity to

the old worship before the new "Star Chamber" tribunal of Endicot. The

early New England ecclesiastical historian above quoted says: "The

magistrates, or rather Endicot, _sent to demand a reason_[39] for their

separation. They _answered_ that as they were of the Church established

by law in their native country, it was highly proper they should worship

God as the Government required from whom they had received their

Charter. Surely they might be allowed that liberty of conscience which

all conceived to be reasonable when they were on the other side of the

water." But their arguments were called "seditious and mutinous." The

first Congregational historian of Salem, above quoted, says: "Endicot

had been the cause of all the rash proceedings against the Browns. He

was determined to execute his plan of Church government. Inexperienced

in the passions of men, and unaccustomed to consult even his friends, he

was resolved to admit of no opposition. They who could not be terrified

into silence _were not commanded to withdraw_, but were _seized_ and

_transported as criminals_."[40]

Such are the facts of the case itself, as related by the New England

Puritan writers themselves. I will now for a short time cross the

Atlantic, and see what were the professions and proceedings of the

Council or "Grand Court" of the Company in England in regard to the

chief objects of establishing the Plantation, their provision for its

religious wants, and their judgment afterwards of Endicot's proceedings.

In the Company's first letter of instructions to Endicot and his

Council, dated the 17th of April, 1629, they remind him that the

propagation of the Gospel was the primary object contemplated by them;

that they had appointed and contracted with three ministers to promote

that work, and instructed him to provide accommodation and necessaries

for them, according to agreement. They apprise him also of his

confirmation as "Governor of _our_ Plantation," and of the names of the

Councillors joined with him.[41] In their letter to Endicot, they call

the ministers sent by them "your ministers," and say: "For the manner of

exercising their ministry, and teaching both our own people and the

Indians, we leave that to themselves, hoping they will make God's Word

the rule of their actions, and mutually agree in the discharge of their

duties." Such instructions and directions have doubtless been given by

the Managing Boards of many Missionary Societies to missionaries whom

they sent abroad; but without the least suspicion that such missionaries

could, in good faith, on arriving at their destination, ignore the

Church and ordination in connection with which they had been employed,

and set up a new Church, and even be parties to banishing from their new

field of labour to which they had been sent, the members of the Church

of which they themselves were professed ministers when they received

their appointment and stipulated support.

Six weeks after transmitting to Endicot the letter above referred to,

the Company addressed to him a second general letter of instructions.

This letter is dated the 28th of May, 1629, and encloses the official

proceedings of the Council or "General Court" appointing Endicot as

Governor, with the names of the Councillors joined with him, together

with the form of _oaths_ he and the other local officers of the Company

were to take.[42] The oath required to be taken by Endicot and each

local Governor is very full and explicit.[43] It is also to be observed

that these two letters of instructions, with forms of oaths and

appointments of his Council, were sent out three months before Endicot,

Higginson, and Skelton proceeded to ignore and abolish the Church

professed by the Company and themselves, and set up a new Church.

FOOTNOTES:

[Footnote 22: Two years after the Plymouth settlement, "Thirty-five

ships sailed this year (1622) from the west of England, and two from

London, to fish on the New England coasts, and made profitable voyages."

(Holmes' Annals of America, Vol. I., p. 179.) In a note on the same page

it is said: "Where in Newfoundland they shared six or seven pounds for a

common man, in New England they shared fourteen pounds; besides, six

Dutch and French ships made wonderful returns in furs."]

[Footnote 23: "The Council of New England, on the 19th of March (1627),

sold to Sir Henry Rowsell, Sir John Young, and four other associates,

[Thomas Southwood, John Humphrey, John Endicot, and Simeon Whitcombe,]

in the vicinity of Dorchester, in England, a patent for all that part of

New England lying between three miles to the northward of Merrimack

River, and three miles to the southward of Charles River, and in length

within the described breadth from the Atlantic Ocean to the South Sea."

(Holmes' Annals, Vol. I., p. 193.)]

[Footnote 24: The zeal of White soon found other powerful associates in

and out of London--kindred spirits, men of religious fervour, uniting

emotions of enthusiasm with unbending perseverance in action--Winthrop,

Dudley, Johnson, Pynchon, Eaton, Saltonstall, Bellingham, so famous in

colonial annals, besides many others, men of fortune and friends to

colonial enterprise. Three of the original purchasers parted with their

rights; Humphrey and Endicot retained an equal interest with the

original purchasers. (Bancroft's United States, Vol. I., pp. 368, 369.)]

[Footnote 25: Bancroft says: "Endicot, a man of dauntless courage, and

that cheerfulness which accompanies courage, benevolent though austere,

firm though choleric, of a rugged nature, which the sternest forms of

Puritanism had not served to mellow, was selected as a fit instrument

for this wilderness work.' (History of the United States, Vol. I., pp.

369, 370.)

"When the news reached London of the safe arrival of the emigrants

(under Endicot), the number of the adventurers had already enlarged. The

Puritans throughout England began to take an interest in the efforts

which invited the imagination to indulge in delightful visions. Interest

was also made to obtain a Royal Charter, with the aid of Bellingham and

White, an eminent lawyer, who advocated the design. The Earl of Warwick

had always been a friend to the Company; and Lord Dorchester, then one

of the Secretaries of State, is said to have exerted a powerful

influence in behalf of it. At last [March 4th, 1629], after much labour

and large expenditures, the patent for the Company of Massachusetts Bay

passed the seals." (_Ib._, p. 379.)]

[Footnote 26: The precursor of this Company was a Joint Stock

Association, established at Dorchester under the auspices of the Rev.

Mr. White, "patriarch of Dorchester," and called the "Dorchester

Adventurers," with a view to fishing, farming, and hunting; but the

undertaking was not successful, and an attempt was made to retrieve

affairs by putting the colony under a different direction. The

Dorchester partners heard of some religious and well-affected persons

that were lately removed out of New Plymouth, out of dislike of their

principles of rigid separation, of which Mr. Roger Conant was one--a

religious, sober, and prudent gentleman. (Hubbard's History of New

England, Chap. xviii.) The partners engaged Conant to be their Governor,

with the charge of all their affairs, as well fishing as planting. The

change did not produce success. The Association sold its land, shipping,

&c.; and Mr. Endicot was appointed under the new _regime_. (Palfrey's

Hist. of New England, Vol. I., pp. 285-8.)]

[Footnote 27: Palfrey, Vol. I., p. 289.]

[Footnote 28: _Ib._, p. 292.]

[Footnote 29: Mr. Bright, one of these ministers, is said by Hubbard to

have been a Conformist. He went, soon after his arrival, to Charlestown,

and tarried about a year in the country, when he returned to England.

Ralph Smith was required to give a pledge, under his hand, that he would

not exercise his ministry within the limits of the patent, without the

express leave of the Governor on the spot. Mr. Smith seems to have been

of the separation in England, which occasioned the caution to be used

with him. He was a little while in Nantasket, and went from thence to

Plymouth, where he was their minister for several years. (Hutchinson's

History of Massachusetts Bay, Vol. I., pp. 10, 11.)]

[Footnote 30: Hutchinson's History of Massachusetts Bay, Vol. I., pp.

11, 12.]

[Footnote 31: How much of the Church system thus introduced had already

been resolved upon before the colonists of the Massachusetts Company

left England, and how long a time, if any, previous to their emigration

such an agreement was made, are questions which we have probably not

sufficient means to determine. Thus much is certain--that when Skelton

and Higginson reached Salem, they found Endicot, who was not only their

Governor, but one of the six considerable men who had made the first

movement for a patent, fully prepared for the ecclesiastical

organization which was presently instituted. In the month before their

arrival, Endicot, in a letter [May 11, 1629] to Bradford thanking him

for the visit of Fuller, had said: 'I rejoice much that I am by him

satisfied touching your judgments of the outward form of God's

worship.'--Collections of the Massachusetts Historical Society, First

Series, Vol. III., p. 65.]

[Footnote 32: Cotton Mather relates that, taking the last look at his

native shore, Higginson said, 'We will not say, as the Separatists say,

"Farewell, Babylon; farewell, Rome;" but we will say, "Farewell, dear

England; farewell, Church of God in England, and all the Christian

friends there. We do not go to New England as separatists from the

Church of England, though we cannot but separate from the corruptions of

it. But we go to practise the positive part of Church reformation, and

propagate the gospel in America.'"--Magnalia, Book III., Part II., Chap.

i., quoted by Palfrey, Vol. I., p. 297, in a note.

"They were careful to distinguish themselves from the Brownist and other

Separatists. Had they remained in England, and the Church been governed

with the wisdom and moderation of the present day, they would have

remained, to use their own expression, 'in the bosom of the Church where

they had received their hopes of salvation.'"--Hutchinson's History of

Massachusetts Bay, Vol. I., p. 417.

Note by Mr. Hutchinson: "The son of one of the first ministers, in a

preface to a sermon preached soon after the Revolution, remarks that 'if

the bishops in the reign of King Charles the First had been of the same

spirit as those in the reign of King William, there would have been no

New England.'"]

[Footnote 33: History of Massachusetts Bay, Vol. I., Chap, iv., p. 418.]

[Footnote 34: "The Messrs. Brown went out with the second emigration, at

the same time as Messrs. Higginson and Skelton, a few months after

Endicot, and while he was the local Governor, several months before the

arrival of the third emigration of eleven ships with Governor Winthrop.

In the Company's first letter of instructions to Endicot, dated the 17th

of April, 1629, they speak of and commend the Messrs. Brown in the

following terms:

"'Through many businesses we had almost forgot to recommend to you two

brethren of our Company, Mr. John and Mr. Samuel Brown, who though they

be no adventurers in the general stock, yet are they men we do much

respect, being fully persuaded of their sincere affections to the good

of our Plantation. The one, Mr. John Brown, is sworn assistant here, and

by us chosen one of the Council there; a man experienced in the laws of

our kingdom, and such an one as we are persuaded will worthily deserve

your favour and furthermore, which we desire he may have, and that in

the first division of lands there may be allotted to either of them two

hundred acres.'" (Young's Chronicles of the First Planters of the Colony

of Massachusetts Bay, from 1623 to 1636, p. 168.)]

[Footnote 35: History of New England, Vol. I., p. 298.]

[Footnote 36: Bancroft's History of the United States, Vol. I., p. 379.]

[Footnote 37: History of the United States, Am. Ed. 8vo, Vol. I., p.

350. These three sentences are not found in the British Museum (English)

Edition of Mr. Bancroft's History, but are contained in Routledge's

London reprint of the American Edition.]

[Footnote 38: "Ecclesiastical History of Massachusetts," in the

Collection of the Massachusetts Historical Society, Vol. IX., pp. 3-5.]

[Footnote 39: It is clear, from these and other corresponding

statements, that the Messrs. Brown had had no controversy with Endicot;

had not in the least interfered with _his_ proceedings, but had quietly

and inoffensively pursued their own course in adhering to the old

worship; and only stated their objections to his proceedings by giving

the reasons for their own, when arraigned before his tribunal to answer

for their not coming to his worship, and continuing in that of their own

Church. The reasonings and speeches thus drawn from them were deemed

"seditious and mutinous," and for which they were adjudged "criminals'"

and banished. Looking at all the facts of the case--including the want

of good faith to the Browns and those who agreed with them--it exceeds

in inquisitorial and despotic prescriptive persecution that which drove

the Brownists from England to Holland in the first years of James the

First.]

[Footnote 40: Collection of the Massachusetts Historical Society.

Mr. F.M. Hubbard, in his new edition of Belknap's American Biography,

iii. 166, referring to Endicot, says: "He was of a quick temper, which

the habit of military command had not softened; of strong religious

feelings, moulded on the sternest features of Calvinism; resolute to

uphold with the sword what he had received as gospel truth, and fearing

no enemy so much as a gainsaying spirit. Cordially disliking the English

Church, he banished the Browns and the Prayer Book; and averse to all

ceremonies and symbols, the cross on the King's colours was an

abomination he could not away with. He cut down the Maypole on Merry

Mount, published his detestation of long hair in a formal proclamation,

and set in the pillory and on the gallows the returning Quakers."]

[Footnote 41: The words of the Company's letter are as follows:

"And for that the propagating of the Gospel is the thing we do profess

above all to be our aim in settling this Plantation, we have been

careful to make plentiful provision of godly ministers, by whose

faithful preaching, godly conversation, and exemplary life, we trust not

only those of our own nation will be built up in the knowledge of God,

but also the Indians may, in God's appointed time, be reduced to the

obedience of the Gospel of Christ. One of them, viz., Mr. Skelton, whom

we have rather desired to bear a part in this work, for that we have

been informed yourself formerly received much good by his ministry.

Another is Mr. Higgeson (Higginson), a grave man, and of worthy

commendations. The third is Mr. Bright, sometimes trained up under Mr.

Davenport. We pray you, accommodate them all with necessaries as well as

you may, and in convenient time let there be houses built for them,

according to the agreement we have made with them, copies whereof, as of

all others we have entertained, shall be sent you by the next ships,

time not permitting now. We doubt not these gentlemen, your ministers,

will agree lovingly together; and for cherishing of love betwixt them,

we pray you carry yourself impartially to all. For the manner of

exercising their ministry, and teaching both our own people and the

Indians, we leave that to themselves, hoping they will make God's Word

the rule of their actions, and mutually agree in the discharge of their

duties.

"We have, in prosecution of that good opinion we have always had of you,

confirmed you Governor of our Plantation, and joined in commission with

you the three ministers--namely, Mr. Francis Higginson, Mr. Samuel

Skelton, and Mr. Francis Bright; also Mr. John and Samuel Brown, Mr.

Thomas Groves, and Mr. Samuel Sharpe."--The Company's First General

Letter of Instructions to Endicot and his Council, the 17th of April,

1629. (Young's Chronicles of the First Planters of the Colony of

Massachusetts Bay, pp. 142-144.)

"A form of an oath for a Governor beyond the seas, and of an oath for

the Council there, was drawn and delivered to Mr. Humphrey to show to

the (Privy) Council." (Company's Records, Young, &c., p. 69.)]

[Footnote 42: The following is an extract of the Company's Second

General Letter of Instructions to Endicot and his Council, dated London,

28th May, 1629:

"We have, and according as we then advised, at a full and ample Court

assembled, elected and established you, Captain John Endicot, to the

place of Governor in our Plantation there, as also some others to be of

the Council with you, as more particularly you will perceive by an Act

of Court herewith sent, confirmed by us at a General Court, and sealed

with our common seal, to which Act we refer you, desiring you all

punctually to observe the same, and that the _oaths_ we herewith send

you (which have been penned by learned counsel, to be administered to

each of you in your several places) may be administered in such manner

and form as in and by our said order is particularly expressed; and that

yourselves do frame such other oaths as in your wisdom you shall think

fit to be administered to your secretary or other officers, according to

their several places respectively." (Young's Chronicles, &c., p. 173.)]

[Footnote 43: The form of oath, which had been prepared under legal

advice, submitted to and approved of by the King's Privy Council, was as

follows:

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