Here, as in the Merchant Guild, the inevitable aristocratic revolution took place, and the old democratic brotherhood became a strict monopoly. The oppression was so flagrant that a petition was presented to Parliament in 1497 against the exactions of the Merchant Adventurers, as the association was then called, by which it appeared that interlopers, trading to Holland and Flanders, were fined L40, whereas any subject might have become a freeman in earlier times for an old noble, or about 6s. 8d.; [Footnote: 12 Henry VII. ch. vi.] and the scandal was so great that the fine was fixed at 10 marks, or L6 l3s. 4d., by statute. During the stagnation of the Middle Ages few traces of such commercial enterprises are to be found, but with the sixteenth century Europe awoke to a new life and thrilled with a new energy. Trade shared in the impulse. In 1554 Philip and Mary incorporated the Russia Company in regular modern form; in 1581 the Turkey Company was organized; in 1600 the East India Company received its charter; and, to come directly to what is material, in 1629 Charles I. signed the patent of the Governor and Company of Massachusetts Bay in New England.

Stripped of its verbiage, the provisions are simple. The stockholders, or "freemen," as they were then called, were to meet once a quarter in a "General Court." This General Court, or stockholders' meeting, chose the officers, of which there were twenty, the governor, deputy governor, and eighteen assistants or directors, on the last Wednesday in each Easter Term. The assistants were intrusted with the business management, and were to meet once a month or oftener; while the General Court was empowered to admit freemen, and "to make laws and ordinances for the good and welfare of the said company, and for the government and ordering of the said lands and plantation, and the people inhabiting and to inhabit the same, as to them from time to time shall be thought meet,—so as such laws and ordinances be not contrary or repugnant to the laws and statutes of this our realm of England." The criminal jurisdiction was limited to the "imposition of lawful fines, mulcts, imprisonment, or other lawful correction, according to the course of other corporations in this our realm of England."

The "course of corporations" referred to was well established. The Master and Wardens of the Guild of Drapers in London, for example, could make "such ... pains, punishments, and penalties, by corporal punishment, or fines and amercements," ... "as shall seem ... necessary," provided their statutes were reasonable and not contrary to the laws of the kingdom. [Footnote: Herbert's Livery Companies, i. 489.] In like manner, boroughs such as Tiverton might "impose and assess punishments by imprisonments, etc., and reasonable fines upon offenders." [Footnote: See History of Tiverton, App. 5.]

But all lawyers knew that such grants did not convey full civil or criminal jurisdiction, which, when thought needful, was specially conferred, as was done in the case of the East India Company upon their petition in 1624, [Footnote: Bruce, Annals, i. 252.] and in that of Massachusetts by the charter of William and Mary.

Such was the undoubted theory, and evidently there must always have been some practical means of checking the abuse of power by these strong organizations. In semi-barbarous ages the sovereign took matters into his own hands by seizing the franchise, and even the Plantagenets repeatedly suspended or revoked the liberties of London,—often, no doubt, for cause, but sometimes also to make money by a resale; and a succession of these arbitrary forfeitures demonstrated that charters to be of value must be beyond the grantor's control. Resort was had to the courts, as a matter of course, and finally it was settled that relief should be given by a writ of quo warranto, upon which the question of the violation of privileges could be tried; and curious records still remain of ancient litigations of this nature.

In 1321 complaint was made against the London Weavers for injuring the public by passing regulations tending to raise the price of cloth. [Footnote: Liber Customarum, i. 416-424.] It was alleged that the guild, with this intent, had limited the working hours in the day, the working days in the year, and the number of apprentices the freemen might employ; and the prayer was that for these abuses the charter should be annulled.

The cause was tried before a jury, who found the truth of some of the charges; but the judgment is lost, as the roll is imperfect.

There was danger, moreover, to the citizen from the oppression of these powerful bodies, as well as to the public from their usurpations; and were authority wholly wanting, argument would be almost unnecessary to prove that some appellate tribunal must always have had jurisdiction to pass upon the validity of corporate legislation; for otherwise any summary punishment might have been inflicted upon an individual, though notoriously unlawful, and the only redress possible would have been subsequent proceedings to vacate the charter.

Through appeals, corporations could be controlled; and by none was this control so stubbornly disputed, or its necessity so clearly demonstrated, as by the Governor and Company of Massachusetts Bay in New England. A good illustration is the trial of the Quaker, Wenlock Christison, for his life in 1661.

"William Leddra being thus dispatch'd, it was resolved to make an end also of Wenlock Christison. He therefore was brought from the prison to the court at Boston, where the governor John Indicot, and the deputy governor Richard Billingham, being both present, it was told him, 'Unless you will renounce your religion, you shall surely die.' But instead of shrinking, he said with an undaunted courage, 'Nay, I shall not change my religion, nor seek to save my life; neither do I intend to deny my Master; but if I lose my life for Christ's sake, and the preaching of the gospel, I shall save my life.' ... John Indicot asked him 'what he had to say for himself, why he should not die?' ... Then Wenlock asked, 'By what law will you put me to death?' The answer was, 'We have a law, and by our law you are to die.' 'So said the Jews of Christ,' (reply'd Wenlock) 'we have a law, and by our law he ought to die. Who empowered you to make that law?' To which one of the board answered, 'We have a patent, and are the patentees; judge whether we have not power to make laws.' Hereupon Wenlock asked again, 'How, have you power to make laws repugnant to the laws of England?' 'No,' said the governor. 'Then,' (reply'd Wenlock,) 'you are gone beyond your bounds, and have forfeited your patent; and that is more than you can answer.' 'Are you,' ask'd he, 'subjects to the king, yea or nay?' ... To which one said, 'Yea, we are so.' 'Well,' said Wenlock, 'so am I.' ... 'Therefore seeing that you and I are subjects to the king, I demand to be tried by the laws of my own nation.' It was answered, 'You shall be tried by a bench and a jury.' For it seems they began to be afraid to go on in the former course, of trial without a jury ... But Wenlock said, 'That is not the law, but the manner of it; for I never heard nor read of any law that was in England to hang Quakers.' To this the governor reply'd 'that there was a law to hang Jesuits.' To which Wenlock return'd, 'If you put me to death, it is not because I go under the name of a Jesuit, but of a Quaker. Therefore, I appeal to the laws of my own nation.' But instead of taking notice of this, one said 'that he was in their hands, and had broken their law, and they would try him.'" [Footnote: Sewel, pp. 278, 279.]

Yet, though the ecclesiastical party in Massachusetts obstinately refused to admit appeals to the British judiciary up to the last moment of their power, for the obvious reason that the existence of the theocracy depended upon the enforcement of such legislation as that under which the Quakers suffered, there was no principle in the whole range of English jurisprudence more firmly established. By a statute of Henry VI. passed in 1436, corporate enactments were to be submitted to the judges for approval; and the Court of King's Bench always set aside such as were bad, whenever the question of their validity was presented for adjudication. [Footnote: Stat. 15 H. VI. ch. 6. Stat 19 H. VII. ch. 7. Clark's Case, 5 Coke, 633, decided A. D. 1596. See Kyd on Corporations, ii. 107-110, where authorities are collected. Child v. Hudson Bay Co., 2 P. W. 207.]

But discussion is futile; the proposition is self-evident, that an association endowed with the capacity of acting like a single man, for certain defined objects, which shall attempt other objects, or shall seek to compass its ends by unlawful means, violates the condition upon which its life has been granted, transcends the limits of its existence, and forfeits its privileges; and that under such circumstances its ordinances are void, and none are bound to yield them their obedience.

Approached thus from the standpoint of legal history, no doubt can exist concerning the scope of the franchise secured by the Puritans for the Massachusetts colony. The instrument obtained from Charles I. embodied certain of their number in an English corporation, whose only lawful business was the American trade, as the business of the East India Company was trade in Hindostan. To enable them to act effectively, a tract of land in New England, between the Merrimack and the Charles, was conveyed to them, as the soil upon which a town stood was conveyed to the mayor and commonalty. Within this territory they were authorized to established their plantations and forts, which they were empowered to defend against attack, as the Hanse merchants defended the Steel Yard in London. They were also permitted to govern the country within their grant by reasonable regulations calculated to preserve the peace, and of much the same character as the municipal ordinances of towns, subject, of course, to judicial supervision. The corporation itself was created subject to the municipal laws of England, and could have no existence without the realm; and though perhaps even then the American wilderness might have been held to belong to the British empire, it formed no part of the kingdom, [Footnote: Blackstone's Commentaries, i. 109.] and was altogether beyond the limits of that jurisdiction from whose customs and statutes the life of this imaginary being sprang. Therefore, the governing body could legally exercise its functions only when domiciled in some English town. [Footnote: On this subject see the able paper of Mr. Deane, in Massachusetts Historical Society Proceedings, December, 1869, p. 166.]

Sir Richard Sheldon, the solicitor-general, advised the king that he was signing a charter containing "such ... clauses for ye electing of Governors and Officers here in England, ... and powers to make lawes and ordinances for setling ye governement and magistracye for ye plantacon there, ... as ... are usuallie allowed to Corporacons in England." [Footnote: Mass. Hist. Soc. Proc. 1869-70, p. 173.] And there can be no question that his opinion was sound.

Nothing can be imagined more ill-suited to serve as the organic law of a new commonwealth than this instrument. No provision was made for superior or probate courts, for a representative assembly, for the incorporation of counties and towns, for police or taxation. In short, hardly a step could be taken toward founding a territorial government based upon popular suffrage without working a forfeiture of the charter by abuse of the franchise. The colonists, it is true, afterward advanced very different theories of construction; but that they were well aware of their legal position is demonstrated by the fact that after some hesitation from apprehension of consequences, they ventured on the singularly bold and lawless measure of secretly removing their charter to America and establishing their corporation in a land which they thought would be beyond the process of Westminster Hall. [Footnote: 1629, Aug. 29.] The details of the settlement are related in many books, and require only the briefest mention here. In 1628 an association of gentlemen bought the tract of country lying between the Merrimack and Charles from the Council of Plymouth, and sent Endicott to take charge of their purchase. A royal patent was, however, thought necessary for the protection of a large colony, and one having been obtained, the Company of Massachusetts Bay was at once organized in England, Endicott was appointed governor in America, and six vessels sailed during the spring of 1629, taking out several hundred persons and a "plentiful provision of godly ministers." In August the church of Salem was gathered and Mr. Higginson was consecrated as their teacher. In that same month Winthrop, Saltonstall, and others met at Cambridge and signed an agreement binding themselves upon the faith of Christians to embark for the plantation by the following March; "Provided always that before the last of September next, the whole government, together with the patent, ... be first by an order of court legally transferred and established to remain with us and others which shall inhabite upon the said plantation." [Footnote: Hutch. Coll., Prince Soc. ed. i. 28.] The Company accepted the proposition, Winthrop was chosen governor, and he anchored in Salem harbor in June. [Footnote: 1630] More than a thousand settlers landed before winter, and the first General Court was held at Boston in October; nor did the emigration thus begun entirely cease until the meeting of the Long Parliament.

From the beginning the colonists took what measures they thought proper, without regarding the limitations of the law. Counties and towns had to be practically incorporated, taxes were levied upon inhabitants, and in 1634 all pretence of a General Court of freemen was dropped, and the towns chose delegates to represent them, though the legislature was not divided into two branches until ten years later. When the government had become fully organized supreme power was vested in the General Court, a legislature composed of two houses; the assistants, or magistrates, as they were called, and the deputies. The governor, deputy governor, and assistants were elected by a general vote; but each town sent two deputies to Boston.

For some years justice was dispensed by the magistrates according to the Word of God, but gradually a judicial system was established; the magistrate's local court was the lowest, from whence causes went by appeal to the county courts, one of whose judges was always an assistant, and probate jurisdiction was given to the two held at Ipswich and at Salem. From the judgments entered here an appeal lay to the Court of Assistants, and then to the General Court, which was the tribunal of last resort. The clergy and gentry pertinaciously resisted the enactment of a series of general statutes, upon which the people as steadily insisted, until at length, in 1641, "The Body of Liberties" was approved by the legislature. This compilation was the work of the Rev. Mr. Ward, pastor of Ipswich, and contained a criminal code copied almost word for word from the Pentateuch, but apart from matters touching religion, the legislation was such as English colonists have always adopted. A major-general was elected who commanded the militia, and in 1652 money was coined.

The social institutions, however, have a keener interest, for they reflect that strong cast of thought which has stamped its imprint deep into the character of so much of the American people. The seventeenth century was aristocratic, and the inhabitants of the larger part of New England were divided into three classes, the commonalty, the gentry, and the clergy. Little need be said of the first, except that they were a brave and determined race, as ready to fight as Cromwell's saints, who made Rupert's troopers "as stubble to their swords;" that they were intelligent, and would not brook injustice; and that they were resolute, and would not endure oppression. All know that they were energetic and shrewd.

The gentry had the weight in the community that comes with wealth and education, and they received the deference then paid to birth, for they were for the most part the descendants of English country-gentlemen. As a matter of course they monopolized the chief offices; and they were not sentenced by the courts to degrading punishments, like whipping, for their offences, as other criminals were. They even showed some wish at the outset to create legal distinctions, such as a magistracy for life, and a disposition to magnify the jurisdiction of the Court of Assistants, whose seats they filled; but the action of the people was determined though quiet, a chamber of deputies was chosen, and such schemes were heard of no more.

Yet notwithstanding the existence of this aristocratic element, the real substance of influence and power lay with the clergy. It has been taught as an axiom of Massachusetts history, that from the outset the town was the social and political unit; but an analysis of the evidence tends to show that the organization of the Puritan Commonwealth was ecclesiastical, and the congregation, not the town, the basis upon which the fabric rested. By the constitution of the corporation the franchise went with the freedom of the company; but in order to form a constituency which would support a sacerdotal oligarchy, it was enacted in 1631 "that for time to come noe man shalbe admitted to the freedome of this body polliticke, but such as are members of some of the churches within ... the same." [Footnote: Mass. Records, i. 87.] Thus though communicants were not necessarily voters, no one could be a voter who was not a communicant; therefore the town-meeting was in fact nothing but the church meeting, possibly somewhat attenuated, and called by a different name. By this insidious statute the clergy seized the temporal power, which they held till the charter fell. The minister stood at the head of the congregation and moulded it to suit his purposes and to do his will; for though he could not when opposed admit an inhabitant to the sacrament, he could peremptorily exclude therefrom all those of whom he disapproved, for "none are propounded to the congregation, except they be first allowed by the elders." [Footnote: Winthrop's reply to Vane, Hutch. Coll., Prince Soc. ed. i. 101.] In such a community the influence of the priesthood must have been overwhelming. Not only in an age without newspapers or tolerable roads were their sermons, preached several times each week to every voter, the most effective of political harangues; but, unlike other party orators, they were not forced to stimulate the sluggish, or to convince the hostile, for from a people glowing with fanaticism, each elder picked his band of devoted servants of the church, men passionately longing to do the will of Christ, whose commands concerning earth and heaven their pastor had been ordained to declare. Nor was their power bounded by local limits; though seldom holding office themselves, they were solemnly consulted by the government on every important question that arose, whether of war or peace, and their counsel was rarely disregarded. They gave their opinion, no matter how foreign the subject might be to their profession or their education; and they had no hesitation in passing upon the technical construction of the charter with the authority of a bench of judges. An amusing example is given by Winthrop: "The General Court assembled again, and all the elders were sent for, to reconcile the differences between the magistrates and deputies. When they were come the first question put to them was, ... whether the magistrates are, by patent and election of the people, the standing council of this commonwealth in the vacancy of the General Court, and have power accordingly to act in all cases subject to government, according to the said patent and the laws of this jurisdiction; and when any necessary occasions call for action from authority, in cases where there is no particular express law provided, there to be guided by the word of God, till the General Court give particular rules in such cases. The elders, having received the question, withdrew themselves for consultation about it, and the next day sent to know, when we would appoint a time that they might attend the court with their answer. The magistrates and deputies agreed upon an hour "and ... their answer was affirmative, on the magistrates behalf, in the very words of the question, with some reasons thereof. It was delivered in writing by Mr. Cotton in the name of them all, they being all present, and not one dissentient." Then the magistrates propounded four more questions, the last of which is as follows: "Whether a judge be bound to pronounce such sentence as a positive law prescribes, in case it be apparently above or beneath the merit of the offence?" To which the elders replied at great length, saying that the penalty must vary with the gravity of the crime, and added examples: "So any sin committed with an high hand, as the gathering of sticks on the Sabbath day, may be punished with death when a lesser punishment may serve for gathering sticks privily and in some need." [Footnote: Winthrop, ii. 204, 205.] Yet though the clerical influence was so unbounded the theocracy itself was exposed to constant peril. In monarchies such as France or Spain the priests who rule the king have the force of the nation at command to dispose of at their will; but in Massachusetts a more difficult problem was presented, for the voters had to be controlled. By the law requiring freemen to be church-members the elders meant to grasp the key to the suffrage, but experience soon proved that more stringent regulation was needed.

According to the original Congregational theory each church was complete and independent, and elected its own officers and conducted its own worship, free from interference from without, except that others of the same communion might offer advice or admonition. Under the theocracy no such loose system was possible, for heresy might enter in three different ways; first, under the early law, "blasphemers" might form a congregation and from thence creep into the company; second, an established church might fall into error; third, an unsound minister might be chosen, who would debauch his flock by securing the admission of sectaries to the sacrament. Above all, a creed was necessary by means of which false doctrine might be instantly detected and condemned. Accordingly, one by one, as the need for vigilance increased, laws were passed to guard these points of danger.

First, in 1635 it was enacted, [Footnote: 1635-6, March 3.] "Forasmuch as it hath bene found by sad experience, that much trouble and disturbance hath happened both to the church & civill state by the officers & members of some churches, which have bene gathered ... in an vndue manner ... it is ... ordered that ... this Court doeth not, nor will hereafter, approue of any such companyes of men as shall henceforthe ioyne in any pretended way of church fellowshipp, without they shall first acquainte the magistrates, & the elders of the greater parte of the churches in this jurisdiction, with their intenctions, and have their approbaction herein. And ffurther, it is ordered, that noe person, being a member of any churche which shall hereafter be gathered without the approbaction of the magistrates, & the greater parte of the said churches, shallbe admitted to the ffreedome of this commonwealthe." [Footnote: Mass. Rec. i. 168.]

In 1648 all the elders met in a synod at Cambridge; they adopted the Westminster Confession of Faith and an elaborate "Platform of Church Discipline," the last clause of which is as follows: "If any church ... shall grow schismatical, rending itself from the communion of other churches, or shall walk incorrigibly and obstinately in any corrupt way of their own contrary to the rule of the word; in such case the magistrate, ... is to put forth his coercive power, as the matter shall require." [Footnote: Magnalia, bk. 5, ch. xvii. Section 9.]

In 1658 the General Court declared: "Whereas it is the duty of the Christian magistrate to take care the people be fed with wholesome & sound doctrine, & in this houre of temptation, ... it is therefore ordered, that henceforth no person shall ... preach to any company of people, whither in church society or not, or be ordeyned to the office of a teaching elder, where any two organnick churches, councill of state, or Generall Court shall declare theire dissatisfaction thereat, either in refference to doctrine or practize... and in case of ordination... timely notice thereof shall be given unto three or fower of the neighbouring organicke churches for theire approbation." [Footnote: Mass. Rec. iv. pt. 1, p. 328.] And lastly, in 1679, the building of meeting-houses was forbidden, without leave from the freemen of the town or the General Court. [Footnote: Mass. Rec. v. 213.]

But legislation has never yet controlled the action of human thought. All experience shows that every age, and every western nation, produces men whose nature it is to follow the guidance of their reason in the face of every danger. To exterminate these is the task of religious persecution, for they can be silenced only by death. Thus is a dominant priesthood brought face to face with the alternative, of surrendering its power or of killing the heretic, and those bloody deeds that cast their sombre shadow across the history of the Puritan Commonwealth cannot be seen in their true bearing unless the position of the clergy is vividly before the mind.

Cromwell said that ministers were "helpers of, not lords over, God's people," [Footnote: Cromwell to Dundass, letter cxlviii. Carlyle's Cromwell, iii. 72.] but the orthodox New Englander was the vassal of his priest. Winthrop was the ablest and the most enlightened magistrate the ecclesiastical party ever had, and he tells us that "I honoured a faithful minister in my heart and could have kissed his feet." [Footnote: Life and Letters of Winthrop, i. 61.] If the governor of Massachusetts and the leader of the emigration could thus describe his moral growth,—a man of birth, education, and fortune, who had had wide experience of life, and was a lawyer by profession,—the awe and terror felt by the mass of the communicants can be imagined.

Jonathan Mitchel, one of the most famous of the earlier divines, thus describes his flock: "They were a gracious, savoury-spirited people, principled by Mr. Shepard, liking an humbling, mourning, heart-breaking ministry and spirit; living in religion, praying men and women." And "he would speak with such a transcendent majesty and liveliness, that the people ... would often shake under his dispensations, as if they had heard the sound of the trumpets from the burning mountain, and yet they would mourn to think, that they were going presently to be dismissed from such an heaven upon earth." ... "When a publick admonition was to be dispensed unto any one that had offended scandalously... the hearers would be all drowned in tears, as if the admonition had been, as indeed he would with much artifice make it be directed unto them all; but such would be the compassion, and yet the gravity, the majesty, the scriptural and awful pungency of these his dispensations, that the conscience of the offender himself, could make no resistance thereunto." [Footnote: Magnalia, bk. 4, ch. iv. Sub-section 9, 10.]

Their arrogance was fed by the submission of the people, and they would not tolerate the slightest opposition even from their most devoted retainers. The Reforming Synod was held in 1679. "When the report of a committee on 'the evils that had provoked the Lord' came up for consideration, 'Mr. Wheelock declared that there was a cry of injustice in that magistrates and ministers were not rated' (taxed), 'which occasioned a very warm discourse. Mr. Stodder' (minister of Northampton) 'charged the deputy with saying what was not true, and the deputy governor' (Danforth) 'told him he deserved to be laid by the heels, etc.'

"'After we broke up, the deputy and several others went home with Mr. Stodder, and the deputy asked forgiveness of him and told him he freely forgave him, but Mr. Stodder was high.' The next day 'the deputy owned his being in too great a heat, and desired the Lord to forgive it, and Mr. Stodder did something, though very little, by the deputy.'" [Footnote: Palfrey's History of New England, in. 330, note 2. Extract from Journal of Rev. Peter Thacher.] Wheelock was lucky in not having to smart more severely for his temerity, for the unfortunate Ursula Cole was sentenced to pay L5 [Footnote: Five pounds was equivalent to a sum between one hundred and twenty-five and one hundred and fifty dollars now. Ursula was of course poor, or she would not have been sentenced to be whipped. The fine was therefore extremely heavy.] or be whipped for the lighter crime of saying "she had as lief hear a cat mew" [Footnote: Frothingham, History of Charlestown, p. 208.] as Mr. Shepard preach. The daily services in the churches consumed so much time that they became a grievance with which the government was unable to cope.

In 1633 the Court of Assistants, thinking "the keepeing of lectures att the ordinary howres nowe obserued in the forenoone, to be dyvers wayes preiudiciall to the common good, both in the losse of a whole day, & bringing other charges & troubles to the place where the lecture is kept," ordered that they should not begin before one o'clock. [Footnote: Mass. Rec. i. 110.] The evil still continued, for only the next year it was found that so many lectures "did spend too much time and proved overburdensome," and they were reduced to two a week. [Footnote: Felt's Eccl. Hist. i. 201.] Notwithstanding these measures, relief was not obtained, because, as the legislature complained in 1639, lectures "were held till night, and sometimes within the night, so as such as dwelt far off could not get home in due season, and many weak bodies could not endure so long, in the extremity of the heat or cold, without great trouble and hazard of their health," [Footnote: Winthrop, i. 324.] and a consultation between the elders and magistrates was suggested.

But to have the delights of the pulpit abridged was more than the divines could bear. They declared roundly that their privileges were invaded; [Footnote: Idem, i. 325.] and the General Court had to give way. A few lines in Winthrop's Journal give an idea of the tax this loquacity must have been upon the time of a poor and scattered people. "Mr. Hooker being to preach at Cambridge, the governor and many others went to hear him.... He preached in the afternoon, and having gone on, with much strength of voice and intention of spirit, about a quarter of an hour, he was at a stand, and told the people that God had deprived him both of his strength and matter, &c. and so went forth, and about half an hour after returned again, and went on to very good purpose about two hours." [Footnote: Winthrop, i. 304.] Common men could not have kept this hold upon the inhabitants of New England, but the clergy were learned, resolute, and able, and their strong but narrow minds burned with fanaticism and love of power; with their beliefs and under their temptations persecution seemed to them not only their most potent weapon, but a duty they owed to Christ—and that duty they unflinchingly performed. John Cotton, the most gifted among them, taught it as a holy work: "But the good that is brought to princes and subjects by the due punishment of apostate seducers and idolaters and blasphemers is manifold.

"First, it putteth away evill from the people and cutteth off a gangreene, which would spread to further ungodlinesse....

"Secondly, it driveth away wolves from worrying and scattering the sheep of Christ. For false teachers be wolves, ... and the very name of wolves holdeth forth what benefit will redound to the sheep, by either killing them or driving them away.

"Thirdly, such executions upon such evill doers causeth all the country to heare and feare, and doe no more such wickednesse.... Yea as these punishments are preventions of like wickednesse in some, so are they wholesome medicines, to heale such as are curable of these eviles....

"Fourthly, the punishments executed upon false prophets and seducing teachers, doe bring downe showers of God's blessings upon the civill state....

"Fifthly, it is an honour to God's Justice that such judgments are executed...." [Footnote: Bloody Tenent Washed, pp. 137, 138.]

All motives combined to drive them headlong into cruelty; for in the breasts of the larger number, even the passion of bigotry was cool beside the malignant hate they felt for those whose opinions menaced their earthly power and dominion; and they never wearied of exhorting the magistrates to destroy the enemies of the church. "Men's lusts are sweet to them, and they would not be disturbed or disquieted in their sin. Hence there be so many such as cry up tolleration boundless and libertinism so as (if it were in their power) to order a total and perpetual confinement of the sword of the civil magistrate unto its scabbard; (a notion that is evidently distructive to this people, and to the publick liberty, peace, and prosperity of any instituted churches under heaven.)" [Footnote: Eye Salve, Election Sermon, by Mr. Shepard of Charlestown, p. 21.] "Let the magistrates coercive power in matters of religion (therefore) be still asserted, seing he is one who is bound to God more than any other men to cherish his true religion; ... and how wofull would the state of things soon be among us, if men might have liberty without controll to profess, or preach, or print, or publish what they list, tending to the seduction of others." [Footnote: Eye Salve, p. 38.] Such feelings found their fit expression in savage laws against dissenting sects; these, however, will be dealt with hereafter; only those which illustrate the fundamental principles of the theocracy need be mentioned here. One chief cause of schism was the hearing of false doctrine; and in order that the people might not be led into temptation, but might on the contrary hear true exposition of the word, every inhabitant was obliged to attend the services of the established church upon the Lord's day under a penalty of fine or imprisonment; the fine not to exceed 5s. (equal to about $5 now) for every absence. [Footnote: 1634-35, 4 March. Mass. Rec. i. 140.]

"If any Christian so called ... shall contemptuously behave himselfe toward ye word preached, or ye messengers thereof called to dispence ye same in any congregation, ... or like a sonn of Corah cast upon his true doctrine or himselfe any reproach ... shall for ye first scandole be convented ... and bound to their good behaviour; and if a second time they breake forth into ye like contemptuous carriages, either to pay L5 to ye publike treasury or to stand two houres openly upon a block 4 foote high, on a lecture day, with a pap fixed on his breast with this, A Wanton Gospeller, written in capitall letters ye others may fear & be ashamed of breaking out into the like wickednes." [Footnote: 1646, 4 Nov. Mass. Rec. ii. 179.]

"Though no humane power be Lord over ye faith & consciences of men and therefore may not constraine ym to beleeve or profes against their conscience, yet because such as bring in damnable heresies tending to ye subversion of ye Christian faith ... ought duely to be restrained from such notorious impiety, if any Christian ... shall go about to subvert ... ye Christian faith, by broaching ... any damnable heresy, as deniing ye immortality of ye soule, or ye resurrection of ye body, or any sinn to be repented of in ye regenerate, or any evill done by ye outward man to be accounted sinn, or deniing yt Christ gave himselfe a ransome for or sinns ... or any other heresy of such nature & degree ... shall pay to ye common treasury during ye first six months 20s. a month and for ye next six months 40s. p. m., and so to continue dureing his obstinacy; and if any such person shall endeavour to seduce others ... he shall forfeit ... for every severall offence ... five pounds." [Footnote: 1646, 4 Nov. Mass. Rec. ii. 177.]

"For ye honnor of ye aetaernall God, whome only wee worshippp and serve," (it is ordered that) "no person within this jurisdiction, whether Christian or pagan, shall wittingly and willingly presume to blaspheme his holy name either by wilfull or obstinate denying ye true God, or reproach ye holy religion of God, as if it were but a polliticke devise to keepe ignorant men in awe, ... or deny his creation or gouvernment of ye world, or shall curse God, or shall vtter any other eminent kind of blasphemy, of ye like nature and degree; if any person or persons whatsoeuer within our jurisdiction shall breake this lawe they shall be putt to death." [Footnote: Mass. Rec. iii.98.]

The special punishments for Antinomians, Baptists, Quakers, and other sectaries were fine and imprisonment, branding, whipping, mutilation, banishment, and hanging. Nor were the elders men to shrink from executing these laws with the same ferocious spirit in which they were enacted. Remonstrance and command were alike neglected. The Long Parliament warned them to beware; Charles II. repeatedly ordered them to desist; their trusted and dearest friend, Sir Richard Saltonstall, wrote from London to Cotton: "It doth not a little grieve my spirit to heare what sadd things are reported dayly of your tyranny and persecution in New England, as that you fyne, whip, and imprison men for their consciences," [Footnote: Hutch. Coll., Prince Soc. ed. ii. 127.] and told them their "rigid wayes have laid you very lowe in the hearts of the saynts." Thirteen of the most learned and eminent nonconforming ministers in England wrote to the governor of Massachusetts imploring him that he and the General Court would not by their violence "put an advantage into the hands of some who seek pretences and occasions against our liberty." [Footnote: Magnalia, bk. 7, ch. iv. section 4.] Winthrop, the wisest and ablest champion the clergy ever had, hung back. Like many another political leader, he was forced by his party into measures from which his judgment and his heart recoiled. He tells us how, on a question arising between him and Mr. Haynes, the elders "delivered their several reasons which all sorted to this conclusion, that strict discipline, both in criminal offences and in martial affairs, was more needful in plantations than in a settled state, as tending to the honor and safety of the gospel. Whereupon Mr. Winthrop acknowledged that he was convinced that he had failed in over much lenity and remissness, and would endeavor (by God's assistance) to take a more strict course thereafter." [Footnote: Winthrop, i. 178.] But his better nature revolted from the foul task and once more regained ascendancy just as he sunk in death. For while he was lying very sick, Dudley came to his bedside with an order to banish a heretic: "No," said the dying man, "I have done too much of that work already," and he would not sign the warrant. [Footnote: Life and Letters of Winthrop, ii. 393.]

Nothing could avail, for the clergy held the state within their grasp, and shrank from no deed of blood to guard the interests of their order.

The case of Gorton may serve as an example of a rigor that shocked even the Presbyterian Baillie; it must be said in explanation of his story that the magistrates condemned Gorton and his friends to death for the crime of heresy in obedience to the unanimous decision of the elders, [Footnote: Winthrop, ii. 146.] but the deputies refusing to concur, the sentence of imprisonment in irons during the pleasure of the General Court was agreed upon as a compromise. "Only they in New England are more strict and rigid than we, or any church, to suppress, by the power of the magistrate, all who are not of their way, to banishment ordinarily and presently even to death lately, or perpetual slavery; for one Jortin, sometime a famous citizen here for piety, having taught a number in New England to cast oft the word and sacrament, and deny angels and devils, and teach a gross kind of union with Christ in this life, by force of arms was brought to New Boston, and there with ten of the chief of his followers, by the civil court was discerned perpetual slaves, but the votes of many were for their execution. They lie in irons, though gentlemen; and out of their prison write to the admiral here, to deal with the parliament for their deliverance." [Footnote: Baillie's Letters, ii. 17, 18.]

Like all phenomena of nature, the action of the mind is obedient to law; the cause is followed by the consequence with the precision that the earth moves round the sun, and impelled by this resistless power his destiny is wrought out by man. To the ecclesiastic a deep debt of gratitude is due, for it was by his effort that the first step from barbarism was made. In the world's childhood, knowledge seems divine, and those who first acquire its rudiments claim, and are believed, to have received it by revelation from the gods. In an archaic age the priest is likewise the law-giver and the physician, for all erudition is concentrated in one supremely favored class—the sacred caste. Their discoveries are kept profoundly secret, and yet to perpetuate their mysteries among their descendants they found schools which are the only repositories of learning; but the time must inevitably come when this order is transformed into the deadliest enemy of the civilization which it has brought into being. The power of the spiritual oligarchy rests upon superstitious terrors which dwindle before advancing enlightenment; hence the clergy have become reactionary, have sought to stifle the spirit of free inquiry, and have used the schools which they have builded as instruments to keep alive unreasoning prejudice, or to serve their selfish ends. This, then, has been the fiercest battle of mankind; the heroic struggle to break down the sacerdotal barrier, to popularize knowledge, and to liberate the mind, began ages before the crucifixion upon Calvary; it still goes on. In this cause the noblest and the bravest have poured forth their blood like water, and the path to freedom has been heaped with the corpses of her martyrs.

In that tremendous drama Massachusetts has played her part; it may be said to have made her intellectual life; and it is the passion of the combat which gives an interest at once so sombre and so romantic to her story.

In the tempest of the Reformation a handful of the sternest rebels were cast upon the bleak New England coast, and the fervor of that devotion which led them into the wilderness inspired them with the dream of reproducing the institutions of God's chosen people, a picture of which they believed was divinely preserved for their guidance in the Bible. What they did in reality was to surrender their new commonwealth to their priests. Yet they were a race in whose bone and blood the spirit of free thought was bred; the impulse which had goaded them to reject the Roman dogmas was quick within them still, and revolt against the ecclesiastical yoke was certain. The clergy upon their side trod their appointed path with the precision of machines, and, constrained by an inexorable destiny, they took that position of antagonism to liberal thought which has become typical of their order. And the struggles and the agony by which this poor and isolated community freed itself from its gloomy bondage, the means by which it secularized its education and its government, won for itself the blessing of free thought and speech, and matured a system of constitutional liberty which has been the foundation of the American Union, rise in dignity to one of the supreme efforts of mankind.



CHAPTER II.

THE ANTINOMIANS.

Habit may be defined with enough accuracy for ordinary purposes as the result of reflex action, or the immediate response of the nerves to a stimulus, without the intervention of consciousness. Many bodily functions are naturally reflex, and most movements may be made so by constant repetition; they are then executed independently of the will. It is no exaggeration to say that the social fabric rests on the control this tendency exerts over the actions of men; and its strength is strikingly exemplified in armies, which, when well organized, are machines, wherein subjection to command is instinctive, and insubordination, therefore, practically impossible.

An analogous phenomenon is presented by the church, whose priests have intuitively exhausted their ingenuity in weaving webs of ceremonial, as soldiers have directed their energies to perfecting manuals of arms; and the evidence leads to the conclusion that increasing complexity of ritual indicates a densening ignorance and a deepening despotism. The Hindoos, the Spaniards, and the English are types of the progression.

Within the historic ages unnumbered methods of sacerdotal discipline have been evolved, but whether the means used to compass the end has been the bewildering maze of a Levitical code, or the rosary and the confessional of Rome, the object has always been to reduce the devotee to the implicit obedience of the trooper. And the stupendous power of these amazingly perfect systems for destroying the capacity for original thought cannot be fully realized until the mind has been brought to dwell upon the fact that the greatest eras of human progress have begun with the advent of those who have led successful insurrection; nor can the dazzling genius of these brilliant exceptions be appreciated, unless it be remembered how infinitely small has been the number of those among mankind who, having been once drilled to rigid conformity, have not lapsed into automatism, but have been endowed with the mental energy to revolt. On the other hand, though ecclesiastics have differed widely in the details of the training they have enforced upon the faithful, they have agreed upon this cardinal principle: they have uniformly seized upon the education of the young, and taught the child to revere the rites in which he was made to partake before he could reason upon their meaning, for they understood well that the habit of abject submission to authority, when firmly rooted in infancy, would ripen into a second nature in after years, and would almost invariably last till death.

But this manual of religion, this deadening of the soul by making mechanical prayers and genuflexions the gauge of piety, has always roused the deepest indignation in the great reformers; and, un-appalled by the most ghastly perils, they have never ceased to exhort mankind to cast off the slavery of custom and emancipate the mind. Christ rebuked the Pharisees because they rejected the commandment of God to keep their own tradition; Paul proclaimed that men should be justified by faith without the deeds of the law; and Luther preached that the Christian was free, that the soul did not live because the body wore vestments or prayed with the lips, and he denounced the tyranny of the clergy, who arrogated to themselves a higher position than others who were Christian in the spirit. On their side priesthoods know these leaders of rebellion by an unerring instinct and pursue them to the death.

The ministers of New England were formalists to the core, and the society over which they dominated was organized upon the avowed basis of the manifestation of godliness in the outward man. The sad countenance, the Biblical speech, the sombre garb, the austere life, the attendance at worship, and, above all, the unfailing deference paid to themselves, were the marks of sanctification by which the elders knew the saints on earth, for whom they were to open the path to fortune by making them members of the church.

Happily for Massachusetts, there has never been a time when all her children could be docile under such a rule; and, among her champions of freedom, none have been braver than those who have sprung from the ranks of her ministry, as the fate of Roger Williams had already proved. In such a community, before the ecclesiastical power had been solidified by time, only a spark was needed to kindle a conflagration, and that spark was struck by a woman.

So early as 1634 a restless spirit was abroad, for Winthrop was then set aside, and now, in 1636, young Henry Vane was enthusiastically elected governor, though he was only twenty-four, and had been but a few months in the colony. The future seemed bright and serene, yet he had hardly taken office before the storm burst, which not only overthrew him, but was destined to destroy that unhappy lady whom the Rev. Thomas Welde called the American Jezebel. [Footnote: Opinions are divided as to the authorship of the Short Story, but I conclude from internal evidence that the ending at least was written by Mr. Welde.]

John Cotton, the former rector of St. Botolph's, was the teacher of the Boston church. By common consent the leader of the clergy, he was the most brilliant, and, in some respects, the most powerful man in the colony. Two years before, Anne Hutchinson, with all her family, had followed him from her home in Lincolnshire into the wilderness, for, "when our teacher came to New England, it was a great trouble unto me, my brother, Wheelwright, being put by also." [Footnote: Hutch. Hist. ii. 440.] A gentlewoman of spotless life, with a kind and charitable heart, a vigorous understanding and dauntless courage, her failings were vanity and a bitter tongue toward those whom she disliked. [Footnote: Cotton, Way of New England Churches, p. 52.] Unfortunately also for herself, she was one of the enthusiasts who believe themselves subject to divine revelations, for this pretension would probably in any event have brought upon her the displeasure of the church. It is worth while to attempt some logical explanation of the dislike felt by the Massachusetts elders to any suggestion of such supernatural interposition. The half-unconscious train of reasoning on which they based their claim to exact implicit obedience from the people seems, when analyzed, to yield this syllogism: All revelation is contained in the Bible; but to interpret the ancient sacred writings with authority, a technical training is essential, which is confined to priests; therefore no one can define God's will who is not of the ministry. Had the possibility of direct revelation been admitted this reasoning must have fallen; for then, obviously, the word of an inspired peasant would have outweighed the sermon of an uninspired divine; it follows, necessarily, that ecclesiastics so situated would have been jealous of lay preaching, and absolutely intolerant of the inner light.

In May, 1636, the month of Vane's election, Mrs. Hutchinson had been joined by her brother-in-law, John Wheelwright, the deprived vicar of Bilsby. Her social influence was then at its height; her amiable disposition had made her popular, and for some time past she had held religious meetings for women at her house. The ostensible object of these gatherings was to recapitulate the sermons of the week; but the step from discussion to criticism was short, and it soon began to be said that she cast reproach "upon the ministers, ... saying that none of them did preach the covenant of free grace, but Master Cotton, and that they have not the seale of the Spirit, and so were not able ministers of the New Testament." [Footnote: Short Story, p. 36.] Or, to use colloquial language, she accused the clergy of being teachers of forms, and said that, of them all, Cotton alone appealed to the animating spirit like Luther or St. Paul.

"A company of legall professors," quoth she, "lie poring on the law which Christ hath abolished." [Footnote: Wonder-Working Providence, Poole's ed. p. 102.]

Such freedom of speech was, of course, intolerable; and so, as Cotton was implicated by her imprudent talk, the elders went to Boston in a body in October to take him to task. In the hope of adjusting the difficulty, he suggested a friendly meeting at his house, and an interview took place. At first Mrs. Hutchinson, with much prudence, declined to commit herself; but the Rev. Hugh Peters besought her so earnestly to deal frankly and openly with them that she, confiding in the sacred character of a confidential conversation with clergymen in the house of her own religious teacher, committed the fatal error of admitting that she saw a wide difference between Mr. Cotton's ministry and theirs, and that they could not preach a covenant of grace so clearly as he, because they had not the seal of the Spirit. The progress of the new opinion was rapid, and it is clear Mrs. Hutchinson had only given expression to a feeling of discontent which was both wide-spread and deep. Before winter her adherents, or those who condemned the covenant of works,—in modern language, the liberals,—had become an organized political party, of which Vane was the leader; and here lay their first danger.

Notwithstanding his eminent ability, he was then but a boy, and the task was beyond his strength. The stronghold of his party was Boston, where, except some half-dozen, [Footnote: Winthrop, i. 212.] the whole congregation followed him and Cotton: yet even here he met with the powerful opposition of Winthrop and the pastor, John Wilson. In the country he was confronted by the solid body of the clergy, whose influence proved sufficient to hold together a majority of the voters in substantially all the towns, so that the conservatives never lost control of the legislature.

The position was harassing, and his nerves gave way under the strain. In December he called a court and one day suddenly announced that he had received letters from England requiring his immediate return; but when some of his friends remonstrated he "brake forth into tears and professed that, howsoever the causes propounded for his departure were such as did concern the utter ruin of his outward estate, yet he would rather have hazarded all" ... "but for the danger he saw of God's judgment to come upon us for these differences and dissensions which he saw amongst us, and the scandalous imputations brought upon himself, as if he should be the cause of all." [Footnote: Winthrop, i. 207.]

Such a flight was out of the question. The weight of his name and the protection given his supporters by the power of his family in England could not be dispensed with, and therefore the Boston congregation intervened. After a day's reflection he seems himself to have become convinced that he had gone too far to recede, so he "expressed himself to be an obedient child to the church and therefore ... durst not go away." [Footnote: Idem, i. 208.]

That a young and untried man like Vane should have grown weary of his office and longed to escape will astonish no one who is familiar with the character and the mode of warfare of his adversaries.

In that society a layman could not retort upon a minister who insulted him, nor could Vane employ the arguments with which Cromwell so effectually silenced the Scotch divines. The following is a specimen of the treatment to which he was probably almost daily subjected, and the scene in this instance was the more mortifying because it took place before the assembled legislature.

"The ministers had met a little before and had drawn into heads all the points wherein they suspected Mr. Cotton did differ from them, and had propounded them to him, and pressed him to a direct answer ... to every one; which he had promised. ... This meeting being spoke of in the court the day before, the governour took great offence at it, as being without his privity, &c., which this day Mr. Peter told him as plainly of (with all due reverence), and how it had sadded the ministers' spirits, that he should be jealous of their meetings, or seem to restrain their liberty, &c. The governour excused his speech as sudden and upon a mistake. Mr. Peter told him also, that before he came, within less than two years since, the churches were in peace.... Mr. Peter also besought him humbly to consider his youth and short experience in the things of God, and to beware of peremptory conclusions which he perceived him to be very apt unto." [Footnote: Winthrop, i. 209.] This coarse bully was the same Hugh Peters of whom Whitelock afterward complained that he often advised him, though he "understood little of the law, but was very opinionative," [Footnote: Memorials, p. 521.] and who was so terrified at the approach of death that on his way to the scaffold he had to drink liquor to keep from fainting. [Footnote: Burnet, i. 162.]

"Mr. Wilson" also "made a very sad speech to the General Court of the condition of our churches, and the inevitable danger of separation, if these differences ... were not speedily remedied, and laid the blame upon these new opinions ... which all the magistrates except the governour and two others did confirm and all the ministers but two." [Footnote: Winthrop, i. 209.] Those two were John Cotton and John Wheelwright, the preachers of the covenant of grace.

Their brethren might well make sad speeches, for their cup of bitterness was full; but they must be left to describe for themselves the tempest of fear and wrath that raged within them. "Yea, some that had beene begotten to Christ by some of their faithfull labours in this land" (England, where the tract was published,) "for whom they could have laid downe their lives, and not being able to beare their absence followed after them thither to New England to enjoy their labours, yet these falling acquainted with those seducers, were suddenly so altered in their affections toward those their spirituall fathers, that they would neither heare them, nor willingly come in their company, professing they had never received any good from them." ... "Now the faithfull ministers of Christ must have dung cast on their faces ... must be pointed at as it were with the finger, and reproached by name, such a church officer is an ignorant man, and knows not Christ; such an one is under a covenant of works: such a pastor is a proud man, and would make a good persecutor ... so that through these reproaches occasion was given to men, to abhorre the offerings of the Lord." [Footnote: Welde's Short Story, Pref. Sections 7-11.]

"Now, one of them in a solemne convention of ministers dared to say to their faces, that they did not preach the Covenant of Free Grace, and that they themselves had not the seale of the Spirit.... Now, after our sermons were ended at our publike lectures, you might have seene halfe a dozen pistols discharged at the face of the preacher (I meane) so many objections made by the opinionists in the open assembly against our doctrine ... to the marvellous weakening of holy truths delivered ... in the hearts of all the weaker sort." [Footnote: Welde's Short Story, Pref. Sections 7-11.]

John Wheelwright was a man whose character extorts our admiration, if it does not win our love. The personal friend of Cromwell and of Vane, with a mind vigorous and masculine, and a courage stern and determined even above the Puritan standard of resolution and of daring, he spoke the truth which was within him, and could neither be intimidated nor cajoled. In October an attempt had been made to have him settled as a teacher of the Boston church in conjunction with Wilson and Cotton, but it had miscarried through Winthrop's opposition, and he had afterward taken charge of a congregation that had been gathered at Mount Wollaston, in what is now Quincy.

On the 19th of January a fast was held on account of the public dissensions, and on that day Wheelwright preached a great sermon in Boston which brought on the crisis. He was afterward accused of sedition: the charge was false, for he did not utter one seditious word; but he did that which was harder to forgive, he struck at what he deemed the wrong with his whole might, and those who will patiently pore over his pages until they see the fire glowing through his rugged sentences will feel the power of his blow. And what he told his hearers was in substance this: It maketh no matter how seemingly holy men be according to the law, if ... they are such as trust to their own righteousness they shall die, saith the Lord. Do ye not after their works; for they say and do not. They make broad their phylacteries and enlarge the borders of their garments; and love the uppermost rooms at feasts, and the chief seats in the synagogues; and greetings in the market place and to be called of men, Rabbi, Rabbi. But believe on the Lord Jesus Christ, and ye shall be saved, for being justified by faith we have peace with God through our Lord Jesus Christ. And the way we must take if so be we will not have the Lord Jesus Christ taken from us is this, we must all prepare a spiritual combat, we must put on the whole armor of God, and must have our loins girt up and be ready to fight, ... because of fear in the night if we will not fight the Lord Jesus Christ may come to be surprised.

And when his brethren heard it they sought how they might destroy him; for they feared him, because all the people were astonished at his doctrine.

In March the legislature met, and Wheelwright was arraigned before a court composed, according to the account of the Quaker Groom, of Henry Vane, "twelve magistrates, twelve priests, & thirty-three deputies." [Footnote: Groom's Glass for New England, p. 6.] His sermon was produced, and an attempt was made to obtain an admission that by those under a covenant of works he meant his brethren. But the accused was one whom it was hard to entrap and impossible to frighten. He defied his judges to controvert his doctrine, offering to prove it by the Scriptures, and as for the application he answered that "if he were shown any that walked in such a way as he had described to be a covenant of works, them did he mean." [Footnote: Wheelwright, Prince Soc. ed. p. 17, note 27.] Then the rest of the elders were asked if they "did walk in such a way, and they all acknowledged they did," [Footnote: Winthrop, i. 215. Wheelwright, p. 18.] excepting John Cotton, who declared that "brother Wheelwright's doctrine was according to God in the parts controverted, and wholly and altogether." [Footnote: Groom's Glass for New England, p. 7.] He received ecclesiastical justice. There was no jury, and the popular assembly that decided law and fact by a partisan vote was controlled by his adversaries. Yet even so, a verdict of sedition was such a flagrant outrage that the clergy found it impossible to command prompt obedience. For two days the issue was in doubt, but at length "the priests got two of the magistrates on their side, and so got the major part with them." [Footnote: Felt's Eccl. Hist. ii. 611.] They appear, however, to have felt too weak to proceed to sentence, for the prisoner was remanded until the next session.

No sooner was the judgment made known than more than sixty of the most respected citizens of Boston signed a petition to the court in Wheelwright's behalf, In respectful and even submissive language they pointed out the danger of meddling with the right of free speech. "Paul was counted a pestilent fellow, or a moover of sedition, and a ringleader of a sect, ... and Christ himselfe, as well as Paul, was charged to bee a teacher of New Doctrine.... Now wee beseech you, consider whether that old serpent work not after his old method, even in our daies." [Footnote: Wheelwright, Prince Soc. ed. p. 21.]

The charge of sedition made against them they repudiated in emphatic words, which deserve attention, as they were afterwards held to be criminal.

"Thirdly, if you look at the effects of his doctrine upon the hearers, it hath not stirred up sedition in us, not so much as by accident; wee have not drawn the sword, as sometimes Peter did, rashly, neither have wee rescued our innocent brother, as sometimes the Israelites did Jonathan, and yet they did not seditiously. The covenant of free grace held forth by our brother hath taught us rather to become humble suppliants to your worships, and if wee should not prevaile, wee would rather with patience give our cheekes to the smiters." [Footnote: Idem.]

The liberal feeling ran so strongly in Boston that the conservatives thought it prudent to remove the government temporarily to Cambridge, that they might more easily control the election which was to come in May. Vane, with some petulance, refused to entertain the motion; but Endicott put the question, and it was carried. As the time drew near the excitement increased, the clergy straining every nerve to bring up their voters from the country; and on the morning of the day the feeling was so intense that the Rev. Mr. Wilson, forgetting his dignity and his age, scrambled up a tree and harangued the people from its branches. [Footnote: Hutch. Hist. i. 62, note.]

Yet, though the freemen were so deeply moved, there was no violence, and Winthrop was peaceably elected governor, with a strong conservative majority in the legislature. It so happened that just at this time a number of the friends of Wheelwright and the Hutchinsons were on their way from England to settle in Massachusetts. The first act of the new government was to exclude these new-comers by passing a law forbidding any town to entertain strangers for more than three weeks without the consent of two of the magistrates.

This oppressive statute caused such discontent that Winthrop thought it necessary to publish a defence, to which Vane replied and Winthrop rejoined. The controversy would long since have lost its interest had it not been for the theory then first advanced by Winthrop, that the corporation of Massachusetts, having bought its land, held it as though it were a private estate, and might exclude whom they pleased therefrom; and ever since this plea has been set up in justification of every excess committed by the theocracy.

Winthrop was a lawyer, and it is but justice to his reputation to presume that he spoke as a partisan, knowing his argument to be fallacious. As a legal proposition he must have been aware that it was unsound.

Although during the reign of Charles I. monopolies were a standing grievance with the House of Commons, yet they had been granted and enforced for centuries; and had Massachusetts claimed the right to exclude strangers as interlopers in trade, she would have stood upon good precedent. Such, however, was not her contention. The legislation against the friends of Wheelwright was passed avowedly upon grounds of religious difference of opinion, and a monopoly in religion was unknown.

Her commercial privileges alone were exclusive, and, provided he respected them, a British subject had the same right to dwell in Massachusetts as in any of the other dominions of the crown, or, indeed, in any borough which held its land by grant, like Plymouth. To subject Englishmen to restriction or punishment unknown to English law was as outrageous as the same act would have been had it been perpetrated by the city of London,— both corporations having a like power to preserve the peace by local ordinances, and both being controlled by the law of the land as administered by the courts. Such arguments as those advanced by Winthrop were only solemn quibbling to cloak an indefensible policy. To banish freemen for demanding liberty of conscience was a still more flagrant wrong. A precisely parallel case would have been presented had the directors of the East India Company declared the membership of a proprietor to be forfeited, and ordered his stock to be sold, because he disapproved of enforcing conformity in worship among inhabitants of the factories in Hindostan.

Vane sailed early in August, and his departure cleared the last barrier from the way of vengeance. Proceedings were at once begun by a synod of all the ministers, which was held at Cambridge, for the purpose of restoring peace to the churches. "There were about eighty opinions, some blasphemous, others erroneous, and all unsafe, condemned by the whole assembly.... Some of the church of Boston ... were offended at the producing of so many errors, ... and called to have the persons named which held those errors." To which the elders answered that all those opinions could be proved to be held by some, but it was not thought fit to name the parties. "Yet this would not satisfy some but they oft called for witnesses; and because some of the magistrates declared to them ... that if they would not forbear it would prove a civil disturbance ... they objected.... So as he" (probably meaning Winthrop) "was forced to tell one of them that if he would not forbear ... he might see it executed. Upon this some of Boston departed from the assembly and came no more." [Footnote: Winthrop, i. 238.] Once freed from their repinings all went well, and their pastor, Mr. Wilson, soon had the satisfaction of sending their reputed heresies "to the devil of hell from whence they came." [Footnote: Magnalia, bk. 3, ch. ii. Section 13.] Cotton, seeing that all was lost, hastened to make his peace by a submission which the Rev. Mr. Hubbard of Ipswich describes with unconscious cynicism. "If he were not convinced, yet he was persuaded to an amicable compliance with the other ministers; ... for, although it was thought he did still retain his own sense and enjoy his own apprehension in all or most of the things then controverted (as is manifest by some expressions of his ... since that time published,"...) yet. "By that means did that reverend and worthy minister of the gospel recover his former splendour throughout ... New England." [Footnote: Hubbard, p. 302.]

He was not a sensitive man, and having once determined to do penance, he was far too astute a politician to do it by halves; he not only gave himself up to the task of detecting the heterodoxy of his old friends, [Footnote: Winthrop, i. 253.] but on a day of solemn fasting he publicly professed repentance with many tears, and told how, "God leaving him for a time, he fell into a spirituall slumber; and had it not been for the watchfulnesse of his brethren, the elders, &c., hee might have slept on, ... and was very thankfull to his brethren for their watchfulnesse over him." [Footnote: Hypocrisie Unmasked, p. 76.] Nor to the end of his life did he feel quite at ease; "yea, such was his ingenuity and piety as that his soul was not satisfied without often breaking forth into affectionate bewailing of his infirmity herein, in the publick assembly, sometimes in his prayer, sometimes in his sermon, and that with tears." [Footnote: Norton's Funeral Sermon, p. 37.]

Wheelwright was made of sterner stuff, and was inflexible. In fact, however, the difference of dogma, if any existed, was trivial. The clergy used the cry of heresy to excite odium, just as they called their opponents Antinomians, or dangerous fanatics. To support these accusations the synod gravely accepted every unsavory inference which ingenuity could wring from the tenets of their adversaries; and these, together with the fables invented by idle gossip, made up the long list of errors they condemned. Though the scheme was unprincipled, it met with complete success, and the Antinomians have come down to posterity branded as deadly enemies of Christ and the commonwealth; yet nothing is more certain than that they were not only good citizens, but substantially orthodox. On such a point there is no one among the conservatives whose testimony has the weight of Winthrop's, who says: "Mr. Cotton ... stated the differences in a very narrow scantling; and Mr. Shepherd, preaching at the day of election, brought them yet nearer, so as, except men of good understanding, and such as knew the bottom of the tenents of those of the other party, few could see where the difference was." [Footnote: Winthrop, i. 221.] While Cotton himself complains bitterly of the falsehoods spread about him and his friends: "But when some of ... the elders of neighbour churches advertised me of the evill report ... I ... dealt with Mrs. Hutchinson and others of them, declaring to them the erroneousnesse of those tenents, and the injury done to myself in fathering them upon mee. Both shee and they utterly denyed that they held such tenents, or that they had fathered them upon mee. I returned their answer to the elders.... They answered me they had but one witnesse, ... and that one both to be known." ... [Footnote: Cotton, Way of New England Churches, pp. 39, 40.] Moreover, it is a remarkable fact that, notwithstanding the advantage it would have given the reactionists to have been able to fix subversive opinions upon their prominent opponents, it was found impossible to prove heresy in a single case which was brought to trial. The legislature chosen in May was apparently unfit for the work now to be done, for the extraordinary step of a dissolution was decided on, and a new election held, under circumstances in which it was easy to secure the return of suitable candidates. The session opened on November 2, and Wheelwright was summoned to appear. He was ordered to submit, or prepare for sentence. He replied that he was guilty of neither sedition nor contempt; that he had preached only the truth of Christ, the application of which was for others, not for him. "To which it was answered by the court that they had not censured his doctrine, but left it as it was; but his application, by which hee laid the magistrates and ministers and most of the people of God in these churches under a covenant of works." [Footnote: Short Story, p. 24.] The prisoner was then sentenced to be disfranchised and banished. He demanded an appeal to the king; it was refused; and he was given fourteen days to leave Massachusetts. So he went forth alone in the bitter winter weather and journeyed to the Piscataqua,—yet "it was marvellous he got thither at that time, when they expelled him, by reason of the deep snow in which he might have perished." [Footnote: Wheelwright, Prince Soc. ed. Mercurius Americanus, p. 24.] Nor was banishment by any means the trivial penalty it has been described. On the contrary, it was a punishment of the utmost rigor. The exiles were forced suddenly to dispose of their property, which, in those times, was mostly in houses and land, and go forth among the savages with helpless women and children. Such an ordeal might well appall even a brave man; but Wheelwright was sacrificing his intellectual life. He was leaving books, friends, and the mental activity, which made the world to him, to settle in the forests among backwoodsmen; and yet even in this desolate solitude the theocracy continued to pursue him with persevering hate.

But there were others beside Wheelwright who had sinned, and some pretext had to be devised by which to reach them. The names of most of his friends were upon the petition that had been drawn up after his trial. It is true it was a proceeding with which the existing legislature was not concerned, since it had been presented to one of its predecessors; it is also true that probably never, before or since, have men who have protested they have not drawn the sword rashly, but have come as humble suppliants to offer their cheeks to the smiters, been held to be public enemies. Such scruples, however, never hampered the theocracy. Their justice was trammelled neither by judges, by juries, nor by laws; the petition was declared to be a seditious libel, and the petitioners were given their choice of disavowing their act and making humble submission, or exile.

Aspinwall was at once disfranchised and banished. [Footnote: Mass. Rec. i. 207.] Coddington, Coggeshall, and nine more were given leave to depart within three months, or abide the action of the court; others were disfranchised; and fifty-eight of the less prominent of the party were disarmed in Boston alone. [Footnote: Idem, i. 223.]

Thus were the early liberals crushed in Massachusetts; the bold were exiled, the timid were terrified; as a political organization they moved no more till the theocracy was tottering to its fall; and for forty years the power of the clergy was absolute in the land.

The fate of Anne Hutchinson makes a fit ending to this sad tale of oppression and of wrong. In November, 1637, when her friends were crushed, and the triumphant priests felt that their victim's doom was sure, she was brought to trial before that ghastliest den of human iniquity, an ecclesiastical criminal court. The ministers were her accusers, who came burning with hate to testify to the words she had spoken to them at their own request, in the belief that the confidence she reposed was to be held sacred. She had no jury to whose manhood she could appeal, and John Winthrop, to his lasting shame, was to prosecute her from the judgment seat. She was soon to become a mother, and her health was feeble, but she was made to stand till she was exhausted; and yet, abandoned and forlorn, before those merciless judges, through two long, weary days of hunger and of cold, the intrepid woman defended her cause with a skill and courage which even now, after two hundred and fifty years, kindles the heart with admiration. The case for the government was opened by John Winthrop, the presiding justice, the attorney-general, the foreman of the jury, and the chief magistrate of Massachusetts Bay. He upbraided the prisoner with her many evil courses, with having spoken things prejudicial to the honor of the ministers, with holding an assembly in her house, and with divulging the opinions held by those who had been censured by that court; closing in these words, which sound strangely in the mouth of a New England judge:—

* * * * *

We have thought good to send for you ... that if you be in an erroneous way we may reduce you that so you may become a profitable member here among us, otherwise if you be obstinate ... that then the court may take such course that you may trouble us no further, therefore I would entreat you ... whether you do not justify Mr. Wheelwright's sermon and the petition.

Mrs. H. I am called here to answer before you, but I hear no things laid to my charge.

Gov. I have told you some already, and more I can tell you.

Mrs. H. Name one, sir.

Gov. Have I not named some already?

Mrs. H. What have I said or done?...

Gov. You have joined with them in the faction.

Mrs. H. In what faction have I joined with them?

Gov. In presenting the petition....

Mrs. H. But I had not my hand to the petition.

Gov. You have counselled them.

Mrs. H. Wherein?

Gov. Why, in entertaining them.

Mrs. H. What breach of law is that, sir?

Gov. Why, dishonoring of parents....

Mrs. H. I may put honor upon them as the children of God and as they do honor the Lord.

Gov. We do not mean to discourse with those of your sex but only this; you do adhere unto them, and do endeavor to set forward this faction, and so you do dishonor us.

Mrs. H. I do acknowledge no such thing, neither do I think that I ever put any dishonor upon you.

* * * * *

And, on the whole, the chief justice broke down so hopelessly in his examination, that the deputy governor, or his senior associate upon the bench, thought it necessary to interfere.

* * * * *

Dep. Gov. I would go a little higher with Mrs. Hutchinson. Now ... if she in particular hath disparaged all our ministers in the land that they have preached a covenant of works, and only Mr. Cotton a covenant of grace, why this is not to be suffered...

Mrs. H. I pray, sir, prove it, that I said they preached nothing but a covenant of works....

Dep. Gov. If they do not preach a covenant of grace, clearly, then, they preach a covenant of works.

Mrs. H. No, sir, one may preach a covenant of grace more clearly than another, so I said.

* * * * *

Dudley was faring worse than Winthrop, and the divines, who had been bursting with impatience, could hold no longer. The Rev. Hugh Peters broke in: "That which concerns us to speak unto, as yet we are sparing in, unless the court command us to speak, then we shall answer to Mrs. Hutchinson, notwithstanding our brethren are very unwilling to answer." And without further urging, that meek servant of Christ went on to tell how he and others had heard that the prisoner said they taught a covenant of works, how they had sent for her, and though she was "very tender" at first, yet upon being begged to speak plainly, she had explained that there "was a broad difference between our Brother Mr. Cotton and ourselves. I desired to know the difference. She answered 'that he preaches the covenant of grace and you the covenant of works, and that you are not able ministers of the New Testament, and know no more than the apostles did before the resurrection.'"...

* * * * *

Mrs. H. If our pastor would show his writings you should see what I said, and that many things are not so as is reported.

Mr. Wilson. Sister Hutchinson, for the writings you speak of I have them not....

* * * * *

Five more divines followed, who, though they were "loth to speak in that assembly concerning that gentlewoman," yet to ease their consciences in "the relation wherein" they stood "to the Commonwealth and... unto God," felt constrained to state that the prisoner had said they were not able ministers of the New Testament, and that the whole of the evidence of Hugh Peters was true, and in so doing they came to an issue of veracity with Cotton.

An adjournment soon followed till next day, and the presiding justice seems to have considered his case against his prisoner as closed.

In the morning Mrs. Hutchinson opened her defence by calling three witnesses, Leverett, Coggeshall, and John Cotton.

* * * * *

Gov. Mr. Coggeshall was not present.

Mr. C. Yes, but I was, only I desired to be silent till I should be called.

Gov. Will you ... say that she did not say so?

Mr. C. Yes, I dare say that she did not say all that which they lay against her.

Mr. Peters. How dare you look into the court to say such a word?

Mr. C. Mr. Peters takes upon him to forbid me. I shall be silent....

Gov. Well, Mr. Leverett, what were the words? I pray speak.

Mr. L. To my best remembrance ... Mr. Peters did with much vehemency and entreaty urge her to tell what difference there was between Mr. Cotton and them, and upon his urging of her she said: "The fear of man is a snare, but they that trust upon the Lord shall be safe." And ... that they did not preach a covenant of grace so clearly as Mr. Cotton did, and she gave this reason of it, because that as the apostles were for a time without the Spirit so until they had received the witness of the Spirit they could not preach a covenant of grace so clearly.

* * * * *

The Rev. John Cotton was then called. He was much embarrassed in giving his evidence, but, if he is to be believed, his brethren, in their anxiety to make out a case, had colored material facts. He closed his account of the interview in these words: "I must say that I did not find her saying they were under a covenant of works, nor that she said they did preach a covenant of works."

* * * * *

Gov. You say you do not remember, but can you say she did not speak so?

Mr. C. I do remember that she looked at them as the apostles before the ascension....

Dep. Gov. They affirm that Mrs. Hutchinson did say they were not able ministers of the New Testament.

Mr. C. I do not remember it.

* * * * *

Mrs. Hutchinson had shattered the case of the government in a style worthy of a leader of the bar, but she now ventured on a step for which she has been generally condemned. She herself approached the subject of her revelations. To criticise the introduction of evidence is always simpler than to conduct a cause, but an analysis of her position tends to show not only that her course was the result of mature reflection, but that her judgment was in this instance correct. She probably assumed that when the more easily proved charges had broken down she would be attacked here; and in this assumption she was undoubtedly right. The alternative presented to her, therefore, was to go on herself, or wait for Winthrop to move. If she waited she knew she should give the government the advantage of choosing the ground, and she would thus be subjected to the danger of having fatal charges proved against her by hearsay or distorted evidence. If she took the bolder course, she could explain her revelations as monitions coming to her through texts in Scripture, and here she was certain of Cotton's support. Before that tribunal she could hardly have hoped for an acquittal; but if anything could have saved her it would have been the sanction given to her doctrines by the approval of John Cotton. At all events, she saw the danger, for she closed her little speech in these touching words: "Now if you do condemn me for speaking what in my conscience I know to be truth, I must commit myself unto the Lord."

Mr. Nowell. How do you know that that was the Spirit?

Mrs. H. How did Abraham know that it was God?...

Dep. Gov. By an immediate voice.

Mrs. H. So to me by an immediate revelation.

* * * * *

Then she proceeded to state how, through various texts which she cited, the Lord showed her what He would do; and she particularly dwelt on one from Daniel. So far all was well; she had planted herself on ground upon which orthodox opinion was at least divided; but she now committed the one grave error of her long and able defence. As she went on her excitement gained upon her, and she ended by something like a defiance and denunciation: "You have power over my body, but the Lord Jesus hath power over my body and soul; and assure yourselves thus much, you do as much as in you lies to put the Lord Jesus Christ from you, and if you go on in this course you begin, you will bring a curse upon you and your posterity, and the mouth of the Lord hath spoken it."

* * * * *

Gov. Daniel was delivered by miracle. Do you think to be delivered so too?

Mrs. H. I do here speak it before the court. I look that the Lord should deliver me by his providence....

Dep. Gov. I desire Mr. Cotton to tell us whether you do approve of Mrs. Hutchinson's revelations as she hath laid them down.

Mr. C. I know not whether I do understand her, but this I say, if she doth expect a deliverance in a way of providence, then I cannot deny it.

Gov. ... I see a marvellous providence of God to bring things to this pass.... God by a providence hath answered our desires, and made her to lay open herself and the ground of all these disturbances to be by revelations. . . .

Court. We all consent with you.

Gov. Ey, it is the most desperate enthusiasm in the world....

Mr. Endicott. I speak in reference to Mr. Cotton.... Whether do you witness for her or against her.

Mr. C. This is that I said, sir, and my answer is plain, that if she doth look for deliverance from the hand of God by his providence, and the revelation be ... according to a word [of Scripture] that I cannot deny.

Mr. Endicott. You give me satisfaction.

Dep. Gov. No, no, he gives me none at all....

Mr. C. I pray, sir, give me leave to express myself. In that sense that she speaks I dare not bear witness against it.

Mr. Nowell. I think it is a devilish delusion.

Gov. Of all the revelations that ever I read of I never read the like ground laid as is for this. The enthusiasts and Anabaptists had never the like....

Mr. Peters. I can say the same ... and I think that is very disputable which our brother Cotton hath spoken....

Gov. I am persuaded that the revelation she brings forth is delusion.

All the court but some two or three ministers cry out, We all believe it, we all believe it....

* * * * *

And then Coddington stood up before that angry meeting like the brave man he was, and said, "I beseech you do not speak so to force things along, for I do not for my own part see any equity in the court in all your proceedings. Here is no law of God that she hath broken, nor any law of the country that she hath broke, and therefore deserves no censure; and if she say that the elders preach as the apostles did, why they preached a covenant of grace and what wrong is that to them, ... therefore I pray consider, what you do, for here is no law of God or man broken."