England in America, 1580-1652

by Lyon Gardiner Tyler

The most decided enlargement of the power of the theocracy was made in the general court which met at Boston in May, 1631, when it was resolved that the assistants need not be chosen afresh every year, but might keep their seats until removed by a special vote of the freemen.[12 ] The company was enlarged by the addition of one hundred and eighteen "freemen"; but "to the end that the body of the commons may be preserved of honest and good men," it was ordered that "for the time to come no man should be admitted to the freedom of this body politic but such as are members of some of the churches within the limits of the same."

These proceedings practically vested all the judicial and legislative powers in the court of assistants, whose tenure was permanent, and left to the freemen in the general court little else than the power of admitting freemen. Not only was citizenship based on church-membership, but the Bible was the only law-book recognized by the court of assistants. Of this book the ministers were naturally thought the best interpreters, and it thus became the custom for the magistrates to consult them on all questions of importance. Offenders were not merely law-breakers, but sinners, and their offences ranged from such as wore long hair to such as dealt in witchcraft and sorcery.

Fortunately, this system did not long continue without some modification. In February, 1632, the court of assistants assessed a tax upon the towns for the erection of a fortification at Newtown, subsequently Cambridge. The inhabitants of Watertown grumbled about paying their proportion of this tax, and at the third general court, May 9, 1632, it was ordered that hereafter the governor and assistants in laying taxes should be guided by the advice of a board composed of two delegates from every town; and that the governor and other magistrates should be elected by the whole body of the freemen assembled as the charter required.

Two years later a general court consisting of the governor, assistants, and two "committees," or delegates, elected by the freemen resident in each town, assembled and assumed the powers of legislation.[13 ] This change, which brought about a popular representative body—second in point of time only to Virginia—was a natural extension of the proceedings of 1632. In 1644 the assistants and delegates quarrelled over an appeal in a lawsuit, and as a result the division of the court into two co-ordinate branches occurred.[14 ]

Nevertheless, the authority of the court of assistants, for several reasons, continued to be very great. In the first place, unlike the Council of Virginia, which could only amend or reject the action of the lower house, the assistants had the right of originating laws. Then the custom at the annual elections of first putting the names of the incumbents to the vote made the tenure of its members a pretty constant affair. Next, as a court, it exercised for years a vast amount of discretionary power. Not till 1641 was the first code, called the Body of Liberties, adopted, and this code itself permitted the assistants to supply any defect in the law by the "word of God," a phrase which to the followers of Calvin had especial reference to the fierce legislation of the Old Testament.

The course of the colonial authorities speedily jeopardized the charter which they obtained so readily from the king. Upon the arrival in England, in 1631, of Morton, Gardiner, and other victims of the court of assistants, they communicated with Gorges (now powerfully assisted by John Mason); and he gladly seized upon their complaints to accuse the ministers and people of Massachusetts of railing against the state and church of England, and of an evident purpose of casting off their allegiance at the first favorable opportunity. The complaint was referred, in December, 1632, to a committee of the council,[15 ] before whom the friends of the company in London—Cradock, Saltonstall, and Humphrey—filed a written answer. Affairs bore a bad appearance for the colonists, but the unexpected happened. Powerful influences at court were brought to bear upon the members of the committee, and to the astonishment of every one they reported, January 19, 1633, against any interference until "further inquiry" could be made.[16 ] King Charles not only approved this report, but volunteered the remark that "he would have them severely punished who did abuse his governor and the plantation."[17 ]

Though the danger for the present was avoided, it was not wholly removed. In August, 1633, Laud was made archbishop of Canterbury, and his accession to authority was distinguished by a more rigorous enforcement of the laws against Nonconformists. The effect was to cause the lagging emigration to New England to assume immense volume. There was no longer concealment of the purposes of the emigrants, for the Puritan preachers began everywhere to speak openly of the corruptions of the English church.[18 ] In September, 1633, the theocracy of Massachusetts were reinforced by three eminent ministers, John Cotton, Thomas Hooker, and Thomas Shepard; and so many other persons accompanied and followed them that by the end of 1634 the population was not far short of four thousand. The clergy, now thirteen or fourteen in number, were nearly all graduates of Oxford or Cambridge.

This exodus of so many of the best, "both ministers and Christians,"[19 ] aroused the king and Archbishop Laud to the danger threatened by the Massachusetts colony. Gorges, Mason, and the rest renewed the attack, and in February, 1634, an order was obtained from the Privy Council for the detention of ten vessels bound for Massachusetts. At the same time Cradock, the ex-governor of the company, was commanded by the Privy Council to hand in the Massachusetts charter.[20 ] Soon after, the king announced his intention of "giving order for a general governor" for New England; and in April, 1634, he appointed a new commission for the government of the colonies, called "The Commission for Foreign Plantations," with William Laud, archbishop of Canterbury, at the head. Mr. Cradock transmitted a copy of the order of council, requiring a production of the charter, to Boston, where it was received by Governor Dudley in July, 1634.

This was a momentous crisis in the history of the colony. The governor and assistants made answer to Mr. Cradock that the charter could not be returned except by command of the general court, not then in session. At the same time orders were given for fortifying Castle Island, Dorchester, and Charlestown. In this moment of excitement the figure of Endicott again dramatically crosses the stage of history. Conceiving an intense dislike to the cross in the English flag, he denounced it as antichrist, and cut it out with his own hands from the ensign borne by the company at Salem. Endicott was censured by the general court for the act, but soon the cross was left out of all the flags except that of the fort at Castle Island, in Boston Harbor.[21 ]

Massachusetts, while taking these bold measures at home, did not neglect the protection of her interests in England. The government of Plymouth, in July, 1634, sent Edward Winslow to England, and Governor Dudley and his council engaged him to present an humble petition in their behalf.[22 ] Winslow was a shrewd diplomat, but was so far from succeeding with his suit that upon his appearance before the lords commissioners in 1635 he was, through Laud's "vehement importunity," committed to Fleet Prison, where he lay seventeen weeks.[23 ]