In 1642 the capital laws of Connecticut were completed and put upon record; and in May, 1650, a code of laws known as “Mr. Ludlow’s Code” was adopted. In 1643 Connecticut and New Haven were both included in the New England Confederation, as mentioned on an earlier page, and the articles of union were printed in 1656, with the code of laws which was adopted by New Haven, as drawn up by Governor Eaton, the manuscript having been sent to England to be printed.
The old patent of Connecticut mentioned in the agreement with Fenwick seems never to have been made over to the colony; and they were very anxious, on the restoration of Charles II. in 1660, for a royal charter, which would secure to them a continuance and confirmation of their rights and privileges. Governor John Winthrop was appointed as agent to represent the colony in England, for this purpose; and in April, 1662, he succeeded in procuring a charter, which included the colony of New Haven. The charter conveyed most ample powers and privileges for colonial government, and confirmed or conveyed the whole tract of country which had been granted to Lord Say and Sele and others. Mr. Davenport and other leading men of that colony were entirely opposed to a union with Connecticut; and the acceptance of the new charter was resisted till 1665, when the opposition was overcome, and the colonies became united, and at the general election in May of that year John Winthrop was elected to be governor.
It is needless to say that the church polity of Connecticut and New Haven, from the beginning, was substantially that of Massachusetts. Their clergymen assisted in framing the Cambridge Platform in 1648, which was the guide of the churches for many years. Hooker’s Survey and Cotton’s Way of the Churches Cleared (London, 1648) were published under one general titlepage covering both works. After a few years the harmony of the churches was seriously disturbed by a set of new opinions which sprang up in the church at Hartford, and which finally culminated in the adoption by a general council of Connecticut and Massachusetts churches, held in Boston in 1657, of the “Half-Way Covenant.” New Haven held aloof. Political motives lent their influence in the spread of the new views; and while the government of Connecticut attempted to enforce the resolutions of the synod, the churches long refused to comply.[541]
The union of the two communities under one charter gave strength to both, and the colony prospered, while Winthrop felt the strong control of a robust spirit in John Allyn, the secretary of the colony.[542] There were of course constant occasions of annoyance and dissension, both civil and religious. Their wily foe, the Indian, did not cease wholly to disturb their repose. But during Philip’s War, which was so disastrous to Massachusetts, Plymouth, and Rhode Island, there was less suffering in Connecticut. Conflicts of jurisdiction, both east and west, growing out of the uncertain boundaries of its grant, though it ran west to the South Sea, were of long duration. No sooner had the commissioners, appointed by the King in 1683, made a favorable decision for Connecticut in her controversy with Rhode Island in regard to the Narragansett country, than a new claimant arose. At the division of the grand patent in 1635, James, Marquis of Hamilton, had assigned to him the country between the Connecticut and the Narragansett rivers; but his claim slumbered only to be revived by his heirs at the Restoration,—and now a second time, through Edward Randolph, the watchful and untiring enemy of New England. The prior grant to Lord Say and Sele, confirmed by the charter of April 23, 1662, and the settlement of the country under it, was cited by Connecticut in their answer; and, in an opinion on the case a few years later, Sir Francis Pemberton said that the answer was a good one.
When James II. continued the attacks on the New England charters begun by the late king, with a view to bring all the colonies under the crown, Connecticut did not escape. A quo warranto was issued against the Governor and Company in July, 1685, and this was followed by notices to appear and defend; but the colony resisted, and petitioned, and final judgment was never entered. The colony’s language to the King in one of its addresses to him was, however, construed as a surrender. Andros went from Boston to Hartford in October, 1687, and at a meeting of the Assembly, which was prolonged till midnight, demanded its charter. The story goes, that, by a bold legerdemain, the parchment, after the lights were blown out, was spirited away and hidden in the hollow of an oak-tree; nevertheless Andros assumed the government of the colony, under his commission. Thus matters continued till the Revolution of 1689, when the colony resumed its charter.
Rhode Island.—Rhode Island was settled by Roger Williams in 1636, he having been banished from Massachusetts the year before. Professor George Washington Greene, in his Short History of Rhode Island, remarks, that in the settlement of the New England colonies the religious idea lay at the root of their foundation and development; that in Plymouth it took the form of separation, or a simple severance from the Church of England; in Massachusetts Bay it aimed at the establishment of a theocracy and the enforcement of a vigorous uniformity of creed and discipline; and that from the resistance to this uniformity came Rhode Island and the doctrine of soul-liberty.
Williams was banished from Massachusetts principally for political reasons. His peculiar opinions relating to soul-liberty were not fully developed until after he had taken up his residence in Rhode Island. Five persons accompanied him to the banks of the Mooshausic, and there they planted the town of Providence. Williams here purchased, or received by gift, a tract of land from the Indians, and he had no patent or other title to the soil. Additions were soon made to the little settlement, and he divided the land with twelve of his companions, reserving for them and himself the right of extending the grant to others who might be admitted to fellowship. An association of civil government was formed among the householders or masters of families, who agreed to be governed by the orders of the greater number. This was followed by another agreement of non-householders or single persons, who agreed to subject themselves to such orders as should be made by the householders, but “only in civil things.” This latter is the earliest agreement on the records of the colony. In 1639, to meet the wants of an increasing community, five disposers or selectmen were chosen, charged with political duties,—their actions being subject to revision by the superior authority of the town meetings.
Meanwhile two other colonies had been planted on the shores of Narragansett Bay. The first, partly from the ranks of the Antinomians of Massachusetts, led by William Coddington and John Clarke, who settled at Pocasset (Portsmouth), in the northern part of the Island of Aquedneck in March, 1637/38; and their number so increased that in the following year, 1639, a portion of them moved to the south part of the island, and settled the town of Newport. Like Roger Williams, the settlers had no other title to the land than what was obtained from the natives. Another colony was planted at Shawomet (Warwick), in January, 1642/43, by Samuel Gorton,—a notorious disturber of the peace,—with about a dozen followers, who also secured an Indian title to their lands. Gorton had been in Boston, Plymouth, Portsmouth, and in Providence, and was an unwelcome resident in all, and at Portsmouth he had been whipped.