At its next session, the legislature proceeded to examine the whole case, and Winthrop was brought to trial for exceeding his jurisdiction as a magistrate. A contest ensued between the deputies and assistants, which was finally decided by the influence of the elders. The result was that Winthrop was acquitted and Mr. Hubbert and the chief petitioners were fined. [Footnote: Winthrop, ii. 227.]
In March the constable went to Hingham to collect the money, [Footnote: 1645-46, 18 March.] but he found the minister indisposed to submit in silence. About thirty people had collected, and before them all Mr. Hubbert demanded the warrant; when it was produced he declared it worthless because not in the king’s name, and then went on to add that the government “was not more then a corporation in England, and ... had not power to put men to death ... that for himself he had neither horn nor hoofe of his own, nor anything wherewith to buy his children cloaths ... if he must pay the fine he would pay it in books, but that he knew not for what they were fined, unlesse it were for petitioning: and if they were so waspish they might not be petitioned, then he could not tell what to say.” [Footnote: New Eng. Jonas, Marvin’s ed. p. 5.]
Unluckily for Mr. Hubbert he had taken the popular side in this dispute and had thus been sundered from his brethren, who sustained Winthrop, and in the end carried him through in triumph; and not only this, but he was suspected of Presbyterian tendencies, and a committee of the elders who had visited Hingham to reconcile some differences in the congregation had found him in grave fault. The government was not sorry, therefore, to make him a public example, as appeared not only by these proceedings, but by the way he was treated in the General Court the next autumn. He was accordingly indicted for sedition, tried and convicted in June, fined twenty pounds, and bound over to good behavior in forty pounds more. [Footnote: New Eng. Jonas, p. 6., 2 June, 1646.] Such a disturbance as this seems to have been all that was needed to bring the latent discontent to a focus.
William Vassal had been an original patentee and was a member of the first Board of Assistants, who were appointed by the king. Being, however, a man of liberal views he had not found Massachusetts congenial; he had returned to England after a stay of only a month, and when he came again to America in 1635, he had settled at Scituate, the town adjoining Hingham, but in the Plymouth jurisdiction. Having both wealth and social position he possessed great influence, and he now determined to lead an agitation for equal rights and liberty of conscience in both colonies at once, by petitioning the legislatures, and in case of failure there, presenting similar petitions to Parliament.
Bradford was this year [Footnote: 1645.] governor of Plymouth, and Edward Winslow was an assistant. Winslow himself had been governor repeatedly, was a thorough-going churchman, and deep in all the councils of the conservative party. There was, however, no religious qualification for the suffrage in the old colony, and the complexion of its politics was therefore far more liberal than in Massachusetts; so Vassal was able to command a strong support when he brought forward his proposition. Winslow, writing to his friend Winthrop at Boston, gives an amusing account of his own and Bradford’s consternation, and the expedients to which they were forced to resort in the legislature to stave off a vote upon the petition, when Vassal made his motion in October, 1645.
“After this, the first excepter [Vassal] having been observed to tender the view of a scroule from man to man, it came at length to be tendered to myself, and withall, said he, it may be you will not like this. Having read it, I told him I utterly abhorred it as such as would make us odious to all Christian commonweales: But at length he told the governor [Bradford] he had a written proposition to be propounded to the court, which he desired the court to take into consideration, and according to order, if thought meet, to be allowed: To this the deputies were most made beforehand, and the other three assistants, who applauded it as their Diana; and the sum of it was, to allow and maintaine full and free tollerance of religion to all men that would preserve the civill peace and submit unto government; and there was no limitation or exception against Turke, Jew, Papist, Arian, Socinian, Nicholaytan, Familist, or any other, &c. But our governor and divers of us having expressed the sad consequences would follow, especially myselfe and Mr. Prence, yet notwithstanding it was required, according to order, to be voted: But the governor would not suffer it to come to vote, as being that indeed would eate out the power of Godlines, &c.... You would have admired to have seen how sweet this carrion relished to the pallate of most of the deputies! What will be the issue of these things, our all ordering God onely knows.... But if he have such a judgment for this place, I trust we shall finde (I speake for many of us that groane under these things) a resting place among you for the soales of our feet.” [Footnote: Hutch. Coll., Prince Soc. ed. i. 174.]
As just then nothing more could be done in Plymouth, proceedings were transferred to Massachusetts. Samuel Maverick is a bright patch of color on the sad Puritan background. He had a dwelling at Winnisime, that “in the yeare 1625 I fortified with a pillizado and fflankers and gunnes both belowe and above in them which awed the Indians who at that time had a mind to cutt off the English.” [Footnote: Mass. Hist. Soc. Proceedings, Oct. 1884, p. 236.] When Winthrop landed, he found him keeping open house, so kindly and freehanded that even the grim Johnson relaxes when he speaks of him: “a man of very loving and curteous behaviour, very ready to entertaine strangers, yet an enemy to the reformation in hand, being strong for the lordly prelatical power.” [Footnote: Wonder-Working Providence, Poole’s ed. p. 37.]
This genial English churchman entertained every one at his home on Noddle’s Island, which is now East Boston: Vane and Lord Ley, and La Tour when he came to Boston ruined, and even Owen when he ran off with another man’s wife, and so brought a fine of £100 on his host. Josselyn says with much feeling: “I went a shore upon Noddles Island to Mr. Samuel Maverick, ... the only hospitable man in the whole countrey.” He was charitable also, and Winthrop relates how, when the Indians were dying of the smallpox, he, “his wife and servants, went daily to them, ministered to their necessities, and buried their dead, and took home many of their children.” He was generous, too, with his wealth; and when the town had to rebuild the fort on Castle Island much of the money came from him.
But, as Endicott told the Browns, when he shipped them to England, because their practice in adhering to their Episcopal orders tended to “mutiny,” “New England was no place for such as they.” One by one they had gone,—the Browns first, and afterward William Blackstone, who had found it best to leave Boston because he could not join the church; and now the pressure on Maverick began to make him restive. Though he had been admitted a freeman in the early days, he was excluded from all offices of importance; he was taxed to support a church of which he disapproved, yet was forced to attend, though it would not baptize his children; and he was so suspected that, in March, 1635, he had been ordered to remove to Boston, and was forbidden to lodge strangers for more than one night without leave from a magistrate. Under such circumstances he could not but sympathize with Vassal in his effort to win for all men equal rights before the law. Next after him in consequence was Dr. Robert Childe, who had taken a degree at Padua, and who, though not a freeman, had considerable interests in the country,—a man of property and standing. There were five more signers of the petition: Thomas Burton, John Smith, David Yale, Thomas Fowle, and John Dand, but they do not require particular notice. They prayed that “civil liberty and freedome be forthwith granted to all truly English, equall to the rest of their countrymen, as in all plantations is accustomed to be done, and as all free-borne enjoy in our native country.... Further that none of the English nation ... be banished unlesse they break the known lawes of England.... We therefore humbly intreat you, in whose hands it is to help ... for the glory of God ... to give liberty to the members of the churches of England not scandalous in their lives ... to be taken into your congregations, and to enjoy with you all those liberties and ordinances Christ hath purchased for them, and into whose name they are baptized... or otherwise to grant liberty to settle themselves here in a church way according to the best reformations of England and Scotland. If not, we and they shall be necessitated to apply our humble desires to the Honorable Houses of Parliament.” [Footnote: New Eng. Jonas, Marvin’s ed. pp. 13-15.]
This petition was presented to the court on May 19, 1646; but the session was near its close, and it was thought best to take no immediate steps. The elders, however, became satisfied that the moment had come for a thorough organization of the church, and they therefore caused the legislature to issue a general invitation to all the congregations to send representatives to a synod to be held at Cambridge. But notwithstanding the inaction of the authorities, the clergy were perfectly aware of the danger, and they passed the summer in creating the necessary indignation among the voters: they bitterly denounced from their pulpits “the sons of Belial, Judasses, sons of Corah,” “with sundry appellations of that nature ... which seemed not to arise from a gospel spirit.” Sometimes they devoted “a whole sermon, and that not very short,” to describing the impending ruin and exhorting the magistrates “to lay hold upon” the offenders. [Footnote: New Eng. Jonas, Marvin’s ed. p. 19.] Winthrop had been chosen governor in May, and, when the legislature met in October, he was made chairman of a committee to draft an answer to Childe. This document may be found in Hutchinson’s Collection. As a state paper devoted to the discussion of questions of constitutional law it has little merit, but it may have been effective as a party manifesto. A short adjournment followed till November, when, on reassembling, the elders were asked for their advice upon this absorbing topic.