out their licence; nor any person, under the degree of a subsidy man, without a certificate from a justice of the peace, that he had taken the oath of allegiance, and a like certificate from a minister of the parish, of his conversation and conformity to the orders and discipline of the church of England.*

The preamble to this order, disclosed some of the reasons, on which, not only the order, but the commission itself was founded. It declared, that great numbers of his majesty's subjects, have been and are every year, transported into those parts of America, which had been granted by patent, to several persons, and there settled themselves, some of them, with their families and whole estates; amongst which number, there are many “idle and refractory humours, whose only end is, to live as they can, without the reach of authority." Various complaints at that early period, were made against the people of Massachusetts, particularly for extending their claim beyond their charter limits, including lands granted to others; for their conduct towards those, who differed from them in religion, and for their supposed wish for independence. The commissioners therefore, determined to make a complete alteration of their government, by the appointment of a governor general, to reside in the colonies.

This created great alarm among the colonists; and in Massachusetts the opinion of the clergy was requested by the governor and assistants, on the important question what should be done, if a governor general should be sent from England? It was unanimously agreed, that if such a governor be sent, they ought not to accept him, but defend their lawful possessions, if they were able, "otherwise to avoid and protract."

Some of the principal members of the great council of Plymouth, were in favor of the court party; and in 1635, through their influence, and at the request of the king and his privy council, their charter was surrendered to the crown. The principal reasons assigned for this surrender were, that the people of Massachusetts, had improperly extended the limits of their patent, so as to include lands granted to others, and that in civil and ecclesiastical Winthrop's Journal, p.

* Hazard, vol. 1, and Hutchinson, vol. 1, appendix.

78.

affairs had made themselves independent of the council, as well as the crown. They had not only extended their limits, the council say, but, "wholly excluded themselves from the government of the council, appointed for those affairs, and made themselves a free people, and for such hold of themselves at present; whereby they did rend in pieces, the first foundation of the building, and so framed unto themselves, both new laws and new conceits of matter of religion, and forms of ecclesiastical and temporal orders and government, punishing divers that would not approve thereof, some by whipping, and others by burning their houses over their heads, and some by banishing, and for the like; and all this, partly under other pretences, though, indeed, for no other cause, save only, to make themselves absolute masters of the country, and unconscionable in their new laws." These evils, the council said they were unable to remedy; and therefore deemed it necessary for his majesty" to take the whole business into his own hands."*

This surrender, however, was not made, until the whole sea coast, from the river St. Croix, to the Hudson, and extending many miles into the interior, had been divided, by lot, to twelve of the original patentees, into as many separate.provinces; and which in their petition to the king, they pray may be confirmed to them, by new grants from him, with such privileges and further royalties as had been given to Lord Baltimore, "saving only," they say, "that we submit ourselves to the governor general, now presently to be established by his majesty, for the whole country." They also requested, that, after the decease of the first governor general, three be chosen, by lot, from the lords of these twelve provinces, one of whom to be selected by the king, to be governor general, to continue for three years only, and to reside in the country in person or by deputy. They, likewise, proposed, that the patent or charter of Massachusetts, should be revoked, and that those holding grants in any of the provinces, should pay a reasonable acknowledgment, as freeholders, to the lords of the province, from whom they were to take new grants. They also recommended that a city be built, for the seat of the new

government; and that ten thousand acres, near the city, be appropriated, for the foundation of a church and maintenance of clergymen.

This splendid scheme of government, though in accordance with the views of the king, who had determined to revoke the charter of Massachusetts, fortunately for the New England colonists, was never carried into execution.

Soon after the surrender of the Plymouth charter, however, a quo warranto, was issued against that of Massachusetts. The writ was only served on those in England, who either then were, or had been members of the company; but no notice was given to the company in New England. Some on whom the writ was served in England, appeared and disclaimed any right under the charter, others were defaulted, and the rights and franchises, in the charter were seized and taken into the hands of the king, so far as those in England were concerned; and the other patentees were outlawed.

No judgment, in form, was ever rendered against the corporation itself. Not satisfied with this proceeding, a special order was sent, by the lords of trade and plantations, to Massachusetts, in April 1638, requiring the governor, or such other person, as had the custody of the charter, to transmit the same by the return of the ship which carried the order; with a threat in case of neglect or refusal, that the king would resume the whole plantation into his own hands. The general court of Massachusetts, before whom this order was laid, resolved not to send the charter; but to present a humble petition to the commissioners.

In this petition, they ask for the liberty, allowed to every British subject; to know the charges alleged against them, before they were condemned. They were not called, they said, to answer to the quo warranto; had they been, they could have given a sufficient answer. That they came into these remote parts, with their families and estates, with the licence and encouragement of the king, and had enlarged his majesty's dominions; and that if now deprived of their patent, they should be compelled, either to remove to some other place, or return to their native country. This

would be ruin to themselves, and expose the country to be occupied by the French and Dutch, who would eagerly embrace the opportunity. They, therefore, humbly requested they might be suffered to live here, in this wilderness, and enjoy the liberties which had been granted them. The increasing disputes between the king and parliament, no doubt, saved the charter of Massachusetts, and the liberties of New England. Neither did the king, after he received back the Plymouth patent, re-grant the new provinces, to those to whom they had been allotted, except the province of Maine, which fell to Ferdinando Gorges, who, it was said, was to have been the first governor general.

This province commenced at the mouth. of Piscataqua river, and extended up that river, one hundred and twenty miles, and along the sea coast, to the river Sagadahock, and up that river to Kennebeck river, to the head thereof, and from thence into the land, until one hundred and twenty miles be ended; and from thence across to the end of the one hundred and twenty miles, on the Piscataqua.

A part of this country was claimed by Massachusetts, and after much altercation between that colony and the heirs of Gorges, was finally purchased by the former, in 1677, for £1,250 sterling, and remained a part of that colony and state until lately erected into a state, by itself.

The government of the Massachusetts colony, was, principally, in the hands of the governor and assistants until 1634. At this time, the people, having increased in number, claimed a greater share in the government; and at their meeting, in May, resolved that the general court alone had power to make laws, impose taxes, and appoint officers; and that, in these general courts, the people should be represented by two or three deputies, to be chosen from each plantation. This, though not strictly warranted by the charter, was generally assented to, and became a fundamental part of the constitution of the colony. The assistants and deputies, at first, met together in the same room; and the former claimed a negative on the acts of the latter. This created no little dispute between them, and was not finally

settled until 1644, when it was mutually agreed that the legislature should consist of two separate bodies, each having a negative on the other.

Thus early, in Massachusetts, was the legislative branch of the government divided into two houses; a mode of legislation which experience has proved to be best calculated for deliberation, and affording the best security against hasty and inconsiderate acts.

For many years, none but members of the church could be freemen. The charter did not give the company the power of establishing judicial tribunals. This necessary power, however, was assumed, and courts of justice created, the general court being, in certain cases, the dernier resort.

Some years elapsed before a body of laws was established. In the punishment of crimes, they principally followed the Mosaic law.

The first colonists of Connecticut removed from Massachusetts. The most of them came from England, in 1633, and first planted themselves in Watertown, Dorchester, and Newtown. Hearing of the extensive and rich meadows on the Connecticut river, they, in 1635, came to the resolution of remvoing there.

This was finally done, with the consent of the general court of Massachusetts, on condition they should continue under that government; and previous to their removal, the general court, invested Mr. Ludlow and others, with certain powers of government over those who should remove, for the term of one year. The first company did not set out from Massachusetts, until the middle of October, 1635, and the weather became extremely cold before they could prepare comfortable habitations; and their sufferings during the winter, were excessive, from hunger, as well as cold. To save themselves from starving, some of them were obliged to return to Massachusetts, in the midst of winter. In the summer of 1636, a second company followed; and the towns of Hartford, Wethersfield, and Windsor, were settled in that and the preceding year. The powers of government were first exercised by those who had been designated for that purpose by the Legislature of Massachusetts, denominated magistrates, with the advice of committees from the towns, who, on important