The Massachusetts charter was not adapted for the constitution of a commonwealth; therefore, as the colony grew in numbers it became necessary for it to assume powers not granted in that instrument. Between the years 1630 and 1640 about twenty thousand persons arrived in the colony, after which, for many years, it is supposed that more went back to England than came thence hither. Previous to the year last named the colony had furnished emigrants to settle the colonies of Connecticut, New Haven, and Rhode Island.
The charter gave power to the freemen to elect annually a governor, deputy-governor, and eighteen assistants, who should make laws for their own benefit and for the government of the colony; and provision was made for general courts and courts of assistants, which exercised judicial as well as legislative powers. But at the first meeting of the general court in Boston, in October, 1630, it was ordered that the governor and deputy-governor should be chosen by the assistants out of their own number. This rule was of short duration, as in May, 1632, the freemen resumed the right of election, and the basis of a second house of legislature was laid.
The colonists, though Puritans, were Church of England men, and were fearful of rigid separation; but Winthrop and his party,—among whom was John Wilson, a graduate of King’s College, Cambridge, and destined to become their first minister,—found on their arrival a church already established at Salem on the basis of separation. Thenceforward, following that example, the Massachusetts colony became a colony of congregational churches. It has been a favorite saying with eulogists of Massachusetts, that the pious founders of the colony came over to this wilderness to establish here the principle of civil and religious liberty, and to transmit the same inviolate to their remotest posterity. Probably nothing was further from their purpose, which was simply to find a place where they themselves, and all who agreed with them, could enjoy such liberty. This was a desirable object to attain, and they made many sacrifices for it, and felt that they had a right to enjoy it.
The banishment of Roger Williams, and of Mrs. Hutchinson and her sympathizers, was no doubt largely due to the feeling that the peace of the community was endangered by their presence. In the unhappy episode of the Quakers, at a later period, the colonial authorities were wrought into a frenzy by these “persistent intruders.” It seemed to be a struggle on both sides for victory; but though four Quakers were hanged on Boston Common, the Quakers finally conquered. In the second year of the settlement, in order to keep the government in their own hands, or, in the language of the Act, “to the end the body of the commons may be preserved of honest and good men,” the Court ordered that thenceforward no one should be elected a freeman unless he was a member of one of the churches of the colony. Probably there were as good men outside the churches as there were inside, and by and by a clamor was raised by those who felt aggrieved at being denied the rights of freemen; but the rule was not modified till after the Restoration.
[This portrait of the first minister of Boston hangs in the gallery of the Massachusetts Historical Society. Its authenticity has been in turn questioned and maintained. Cf. Mass. Hist. Soc. Proc. September, 1867, and December, 1880.—Ed.]
A few unsavory persons whom Winthrop and his company found here and speedily sent away, on their arrival home failed not to make representations injurious to the Puritan settlement, and they were seconded by the influence of Sir Ferdinando Gorges and John Mason. Attempts were made in 1632 to vacate the colony’s charter; but these attempts proved unsuccessful. A more serious effort was made a few years later, when the Council for New England resigned its franchises into the hands of the King; but owing to the trouble which environed the government in England, and to other causes not fully explained, the colony then escaped, as it also escaped at the same time the impending infliction of a general governor for New England.
In 1640 some of the colony’s friends in England wrote to the authorities here advising them to send some one to England to solicit favors of the Parliament. “But, consulting about it,” says Winthrop, “we declined the motion, for this consideration,—that if we should put ourselves under the protection of Parliament, we must then be subject to all such laws as they should make, or at least such as they might impose upon us; in which course, though they should intend our good, yet it might prove very prejudicial to us.” From 1640 to 1660 the colony was substantially an independent commonwealth, and during this period they completed a system of laws and government which, taken as a whole, was well adapted to their wants. Their “Body of Liberties” was established in 1641, and three editions of Laws were published by authority, and put in print in 1649, in 1660, and in 1672. The first law establishing public schools was passed in October, 1647. Harvard College had already, in 1637, been established at Cambridge.
