The petitioners desired that “members of the church of England, not scandalous in their lives and conversations,” be admitted to the churches, and that “civil liberty and freedom 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 freeborne enjoy in our native country.”[[518]] Other reforms were demanded, and although some of the charges were overdrawn, nevertheless, the main point was not fairly met in the lengthy reply prepared by Winthrop, Dudley, and others of the court.[[519]] That point was that in an English colony, and upon English soil, the great majority of the inhabitants were debarred from a share in the government because of beliefs which would not have so disfranchised them in the home country. No amount of legal casuistry expended upon the charter, and no amount of sophistry employed in explaining the relations between the colony and England, could alter that fact, nor the additional one that Massachusetts was a colony and not an independent nation. As the request of the petitioners was for such liberties only as they would have possessed at home, and not for general religious toleration, an appeal to England was natural, and was set on foot as soon as the reply of the magistrates was received. Winthrop, however, declared that he would not tolerate such an appeal, and the petitioners were heavily fined by the court, and two of them imprisoned.[[520]] Child, and some of the others insisting upon going to England, they were seized just before the ship sailed, their baggage and houses were searched, and they themselves imprisoned. As some of the magistrates had not agreed to the earlier proceedings, they were not consulted in the present one, which was distinctly of a Star-Chamber sort. Among the papers of Dand, another signer, was found one suggesting the appointment of a royal governor, for which he also was promptly put in jail. Vassall and Fowle finally reached England; but the political situation there by 1647 had become such as to preclude any consideration of colonial matters.
The tide of popular rights in the colonies was rising, however, and “all the troubles of New England” were “not at the Massachusetts,” as Winslow wrote to Winthrop, nor were high-handed proceedings wholly limited to that commonwealth. In Plymouth, a written proposal, favored by many of the inhabitants and of the deputies, was presented to the General Court, “to allow and maintaine full and free tollerance of religion to all men that would preserve the civill peace and submit unto government.” “You would have admired [wondered] to have seen,” wrote Winslow, “how sweet this carrion relished to the pallate of most of the deputies.” “Notwithstanding it was required, according to order, to be voted,” the Governor would not permit any vote to be taken; and the effort thus to extend to others the same freedom that the leading founders of the colony had availed themselves of for twelve years in Holland was summarily suppressed.[[521]]
During the decade we have been considering, the struggle of Englishmen at home for the preservation of their liberties against the incompetent and reactionary rule of the second Stuart, had left that ruler but little leisure to consider the American colonies. Except for occasional and ineffectual efforts to retain some control over them by the home government, they had been left free to work out their own theories, untrammeled by any higher power. By 1640, the scattered settlements in Maine, the towns in New Hampshire, the Bay Colony, Plymouth, the four separate towns in what is now Rhode Island, Saybrook, the affiliated towns of New Haven, and the river settlements of Connecticut, were pursuing their several ways virtually as independent states, preëmpting lands, erecting governments, treating with the natives, with each other, and with the French and Dutch, as if they were sovereign powers. Nor was there anything to prevent innumerable other petty states, each with its few square miles of territory, and ruling according to its own ideas, from arising over all New England, save as restrained by the jealousy of those already in existence. If this tendency had not been restrained, New England might have come in time to be a checker-board of tiny republics, engaged in constant disputes over boundaries and other relations at home, and, should the shield of England cease to protect them, the prey of foreign foes abroad.
There were three possible methods of preventing this development of a Puritan Balkans. England might assert her rights legitimately, and endeavor to bring some sort of uniformity and order out of what might otherwise become an impossible situation; one or another of the colonies might, by force of greater strength, subdue its weaker neighbors, and thus create one or several greater states; or, finally, a confederation might be formed of all of them. Under the circumstances, the legal and logical method would have been some sort of imperial control by the mother-country, but that was out of the question unless the English government was strong and united enough to enforce her will, and wise and experienced enough to make it acceptable to the colonists. For the present, that solution was impossible. Of the other two, the first would naturally appeal to a strong and aggressive colony like Massachusetts, while a confederacy would be favored by her weaker but no less independent neighbors. Both the latter plans were tried, and the intercolonial relations of the next quarter of a century were largely the result of these two conflicting methods of unifying New England being pursued simultaneously.
Owing to the death of Mason, and the failure of Gorges's plans for Maine, the settlements north of Massachusetts were without a settled government, and the inhabitants do not seem to have had the ability to create a stable one for themselves, which was so marked a characteristic of those in Massachusetts and Plymouth, Connecticut and New Haven. We have already seen how Massachusetts, by an unwarrantable construction of her charter, had begun to lay claim to all the land of New Hampshire and Maine lying eastward of the most northerly source of the Merrimack, although the whole course of the Crown and Council for New England at the time of the grant showed that such a claim was absolutely untenable. Nor, in the beginning, had the Massachusetts leaders dreamed of making it,[[522]] and it was, in fact, as Professor Osgood says, “more clearly an usurpation than was any later act of the crown which affected New England.”[[523]] The decision, otherwise favorable to Massachusetts, of the English Chief Justices in 1677, declaring the interpretation claimed to be utterly without warrant, and reassigning the lands to the heirs of the two original patentees, seems entirely just.[[524]]
Early in 1641, a dispute between church factions in Dover, headed by two contending clergymen, gave Massachusetts a chance to intervene. Captain Underhill, who had been banished from that colony at the time of the Hutchinson controversy, was then on the Piscataqua, and, perhaps with an idea of once more ingratiating himself with the home authorities, sent a petition to the Massachusetts Court, asking aid for himself and his party. Massachusetts at once dispatched a magistrate and two clergymen, and the Underhill party were victorious, the clergyman heading the opposing faction having opportunely turned out to be a personally immoral character.[[525]] The Dover patentees, Warwick, Say, and the others, who had purchased the patent in the interests of Massachusetts some years before, now passed the grant, with slight reservations, to that colony, which at once annexed the town.[[526]] A temporary government was installed, and, two years later, it was agreed that the inhabitants should have the privilege of freemen to manage their local affairs, and to elect deputies, even though they were not church members.[[527]] Thus a right not yielded to four fifths of her own citizens was granted to those in her new possessions, and imperial ambition seems to have won the first victory over Israelitish polity. This provision not only disproved her former claim that civil order could not be maintained without forced religious conformity, but, combined with the further provision that the settlers in the newly annexed territory should be subject only to local, and not to general, taxation, it tended to show that she herself did not believe the claims she made as to the interpretation of the charter.[[528]] If she really considered that the territory now being seized under pretext of ownership was as indubitably hers as that south of the Merrimack, why did she thus deprive herself of the right of religious and fiscal control?
She next claimed and absorbed the town of Exeter, and her new claims, extending to Maine, there came into conflict with those of Gorges and the Pilgrims. The latter, indeed, had lately heard her state that she was entitled to a part of the town of Plymouth itself, and she did encroach upon the Plymouth territory.[[529]] A further enlargement of her power to the south, and one obviously outside her jurisdiction, was next made within the present limits of Rhode Island.
Samuel Gorton, from his heretical notions in religion, according to the Gospel of New England, and his somewhat explosive efforts to defend persons he thought oppressed by the colonial authorities, had led a troubled and troubling life in Massachusetts, Plymouth, Portsmouth, and Providence. Indeed, in his wandering course through the Puritan heavens, he seems to have been as fatally followed by trouble as a comet by its luminous tail. As he punctuated his career by denominating the Massachusetts magistrates “a generation of vipers,” the Governor of Plymouth, “Satan,” and the justice of Portsmouth, “a just-ass,” he can hardly be said to have had an ingratiating way with the authorities, although no crime could be laid at his door. The people of that day had an insatiable passion for ploughing in the theological field, which was always proving as full of unexploded shells as any on the modern battle-front of France, and Gorton seems to have had a fatal facility for turning these up. He had already been blown out of three colonies, when, after some experience with him, the men of Providence decided that he or they must leave. Finally banished, he made an Indian purchase, and settled some miles to the south.
This, however, was not far enough for his former neighbors, who, in 1641, asked assistance from Massachusetts in ridding them of Gorton. That colony refused to consider the request, unless Providence would place herself under her jurisdiction.[[530]] The matter became complicated by a dispute between Miantanomo and two other sachems, arising out of Gorton's purchase, and the sachems also applied to Massachusetts. Both they and the Providence men were received under her jurisdiction, and the next move was to send a force of forty armed men to take Gorton and his party into custody.[[531]] Even those opposed to him in Providence suggested arbitration; but the Massachusetts clergy advised the magistrates that this was not an “honorable” course, as the Gorton party “were no state, but a few fugitives living without law or government,” and “their blasphemous and reviling writings” could be “purged away only by repentence and public satisfaction.”[[532]] The case was, therefore, prejudged without a hearing, and the more summary method was taken of trying to set fire to the log fort in which Gorton and his company had taken refuge.
It must be presumed that the ministers of Christ considered this as a more “honorable” course than arbitration with “a few fugitives” from their vindictiveness. The attack was made on a Sabbath morning, and even the heretical Gorton was naturally surprised.[[533]] In receiving the Indians under their jurisdiction, Massachusetts had required that the savages should not profane that day by doing any work upon it, and that they should not kill any man but upon just cause and authority.[[534]] The attempt, immediately following, on the part of that colony's expedition, to burn their fellow white men alive during church hours, because they were too impatient to wait, may have struck their new savage subjects as a little incongruous. Nine of the Gortonists were captured, taken to Boston, and imprisoned. The clergy called for blood, and gave their written opinion that all nine of the prisoners “deserved death by the law of God.” In this unjust and inhuman decision, all the magistrates but three concurred, and it was prevented from passing only by the people's representatives among the deputies. Finally, the prisoners were condemned to be distributed among seven towns, there to be “kept to worke for their living, and wear irons upon one leg, and not to depart the limits of the town, nor by word or writing maintain any of their blasphemous or wicked errors upon pain of death.”[[535]] The sentence was executed and the prisoners were kept in irons until the following year; when the growing popular disapproval of the clergy's actions caused their victims to be suddenly released and banished.[[536]]