CHAPTER III

COMPLETING THE WORK OF SETTLEMENT

Through the portal of Boston at one time or another passed all or nearly all those who were to found additional colonies in New England; and from that portal, willingly or unwillingly, men and women journeyed north, south, and west, searching for favorable locations, buying land of the Indians, and laying the groundwork for permanent homes and organized communities. In this way were begun the colonies of Rhode Island, Connecticut, New Haven, and New Hampshire, each of which sprang in part from the desire for separate religious and political life and in part from the migratory instinct which has always characterized the Englishman in his effort to find a home and a means of livelihood. Sometimes individuals wandered alone or in groups of two or three, but more frequently covenanted companies of men and women of like minds moved across the face of the land, followed Indian trails, or voyaged by water along the coast and up the rivers, usually remaining where they first found satisfaction, but often, in new combinations, taking up the burden of their journeying and moving on, a second, a third, and even a fourth time in search of homes. Abraham Pierson and his flock migrated four times in thirty years, seeking a place where they might find rest under a government according to God.

The frontier Puritan was neither docile nor easily satisfied. He was restless, opinionated, and eager to assert himself and his convictions. The controversies among the elect regarding doctrines and morals often became so heated that complete separation was the only remedy; and wherever there was a migrating leader followers were sure to be found. Hence, despite the dangers from cold, famine, the Indian, and the wilderness, the men of New England were constantly shifting in these earlier years as one motive or another urged them on. Land was plentiful, and, as a rule, easily obtained; opportunities for trade presented themselves to any one who would seek them; and the freedom of earth and sky and of nature unspoiled offered an ideal environment for a closer communion with God. Owing to the many varieties of religious opinion that prevailed among these radical pioneers, each new grouping and consequent settlement had an individuality of its own, determined by the personality of its leader and by the ideas that he represented. Thus Williams, Clarke, Coddington, and Gorton influenced Rhode Island; Hooker, Haynes, and Ludlow, Connecticut; Davenport, Eaton, and Pierson, New Haven; and Wheelwright and Underhill, New Hampshire.

Roger Williams, the founder of Providence—the first plantation to be settled in what was later the colony of Rhode Island—was driven out of Boston because he called in question the authority of the government, denied the legality of its land title as derived from the King, and contested the right of the magistrates to deal with matters ecclesiastical. Making his way through the wilderness in the winter of 1635-1636, he finally settled on the Mooshassuc River, calling the place Providence; and in the ensuing two years he gathered about him a number of those who found the church system of Massachusetts intolerable and the Erastian doctrines of the magistrates, according to which the sins of believers were to be punished by civil authority, distressing to their consciences. They drew up a plantation covenant, promising to subject themselves "in active or passive obedience to all such orders or agreements" as might be made for the public good in an orderly way by the majority vote of the masters of families, "incorporated together into a town fellowship," but "only in civill things." Thus did the men of Providence put into practice their doctrine of a church separable from the state, and of a political order in which there were no magistrates, no elders exercising civil as well as spiritual authority, and no restraint on soul liberty.

A year or two later William Coddington, loyal ally of Anne Hutchinson, with others—Clarke, Coggeshall, and Aspinwall, who resented the aggressive attitude of Boston—purchased from the Indians the island of Aquidneck in Narragansett Bay and at the northern end planted Pocasset, afterwards Portsmouth, the second settlement in the colony of Rhode Island. They, too, entered into a covenant to join themselves into a body politic and elected Coddington as their judge and five others as elders. But this modeling of the government after the practices of the Old Testament was not pleasing to a majority of the community, which desired a more democratic organization. After a few months, in the spring of 1639, Coddington and his followers therefore journeyed southward and established a third settlement at Newport. Here the members adopted a covenant, "engaging" themselves "to bear equall charges, answerable to our strength and estates in common," and to be governed "by major voice of judge and elders; the judge to have a double voice." Though differing from the system as developed in Massachusetts, the Newport government at the beginning had a decidedly theocratic character.

The last of the Rhode Island settlements was at Shawomet, or Warwick, on the western mainland at the upper end of the Bay. There Samuel Gorton, the mystic and transcendentalist, one of the most individual of men in an era of striking individualities, after many vicissitudes found an abiding place. He was of London, "a clothier and professor of the misteries of Christ," a believer in established authority as the surest guardian of liberty, and an opponent of formalism in all its varieties. Arriving at Boston in 1637 at the height of the Hutchinsonian controversy, he had sought liberty of conscience, first in Boston, then in Plymouth, and finally in Portsmouth, where he had become a leader after the withdrawal of Coddington. But in each place his instinct for justice and his too vociferous denial of the legality of verdicts rendered by self-constituted authorities led him to seek further for a home that would shelter him and his followers. No sooner, however, was he settled at Shawomet, than the Massachusetts authorities laid claim to the territory, and it was only after arrest, imprisonment, and a narrow escape from the death penalty, followed by a journey to England and the enlisting of the sympathies of the Earl of Warwick, that he made good his claim. Gorton returned in 1648 with a letter from Warwick, as Lord Admiral and head of the parliamentary commission on plantation affairs, ordering Massachusetts to cease molesting him and his people, and he named the plantation Warwick after his patron.

Samuel Gorton played an influential and useful part in the later history of the colony, and his career of peaceful service to Rhode Island belies the opinion, based on Winslow's partisan pamphlet, Hypocrasie Unmasked, and other contemporary writings, that he was a blasphemer, a "crude and half-crazy thinker," a "proud and pestilent seducer," and a "most prodigious minter of exorbitant novelties." He preferred "the universitie of humane reason and reading of the volume of visible creation" to sectarianism and convention. No wonder the Massachusetts leaders could not comprehend him! He questioned their infallibility, their ecclesiastical caste, and their theology, and for their own self-preservation they were bound to resist what they deemed his heresies.

Thus Rhode Island at the beginning was formed of four separate and independent communities, each in embryo a petty state, no one of which possessed at first other than an Indian title for its lands and a self-made plantation covenant as the warrant for its government. To settle disputes over land titles and to dispose of town lands, Providence established in 1640 a court of arbitration consisting of five "disposers," who seem also to have served as a sort of executive board for the town. In all outward relations she remained isolated from her neighbors, pursuing a course of strictly local independence. Portsmouth and Newport, for the sake of greater strength, united in March, 1640, and a year later agreed on a form of government which they called "a democratic or popular government," in which none was to be "accounted a delinquent for doctrine." They set up a governor, deputy governor, and four assistants, regularly elected, and provided that all laws should be made by the freemen or the major part of them, "orderly assembled." In the system thus established we can see the influence of the older colonies and the beginning of a stronger government, but at best the experiment was half-hearted, for each town reserved to itself complete control over its own affairs. In 1647 Portsmouth withdrew "to be as free in their transactions as any other town in the colony," and the spirit of separatism was still dominant.

But it soon became necessary for the four towns of what is now Rhode Island to have something more legal upon which to base their right to exist than a title derived from their plantation covenants and Indian bargains. Massachusetts was extending her claims southward; Edward Winslow was in England ready to show that the Rhode Island settlements were within the bounds of the Plymouth patent; and certain individuals, traders and land-seekers, were locating in the Narragansett country and taking possession of the soil. To combat these claims, Roger Williams, who had so vehemently denied the validity of a royal patent a few years before, but influenced now, it may be, by Gorton's insistence that a legal title could be obtained only from England, sailed overseas and secured from the parliamentary commissioners in March, 1644, a charter uniting Providence, Portsmouth, and Newport, under the name of Providence Plantations in the Narragansett Bay, and granting them powers of government. For the moment even this document had no certain value, for, in spite of the fact that the parliamentarians were at war with the King, Charles I was still sovereign of England and should he win in the Civil War the title would be worthless. However, the patent was not put in force until 1647, after the victory of Cromwell at Naseby had given control into the hands of Parliament; and then a general meeting was held at Portsmouth consisting of the freemen of Warwick, Portsmouth, and Newport, and ten representatives from Providence. The patent did not state how affairs were to be managed, and the colonials, meeting in subsequent assemblies, worked out the problem in their own way. They refused to have a governor, and, creating only a presiding officer with four assistants, constituted a court of trials for the hearing of important criminal and civil causes. No general court was created by law, but a legislative body soon came into existence consisting of six deputies from each town. Before this Portsmouth meeting of 1647 adjourned, it adopted a code of laws in which witchcraft trials and imprisonment for debt were forbidden, capital punishment was largely abolished, and divorce was granted for adultery only. In 1652, the assembly passed a noteworthy law against the holding of negroes in slavery.