66 con

sentence of banishment was added-what, however, was no novelty1 the injunction "to return no more, upon pain of death." 2 William Andrews, for having spired against the life of his master, and not only so, but also against the peace and welfare of the whole commonwealth, was censured to be severely whipped, and delivered up as a slave to whom the Court should appoint."3 "For going to a jury and pleading with them out of Court," Thomas Lechford, of Lincoln's Inn, the only professional practitioner, as yet, before the New-England tribunals, was "debarred from pleading any man's cause hereafter, unless his own, and admonished not to presume to meddle beyond what he should be called to by the Court," and "not to meddle with controversies." 4

In all the riper business of organization and administration, as well as in its first stages, the orderly and enlightened genius of Winthrop was active. Since his restoration to the chief magistracy from the inferior place into which the democratic spasm had cast him, he had continued to be aided by his former counsellors. In each of these three years Dudley held the second office; and all of the former Assistants who remained in the colony, except Dummer, retained their position in the government.

But the public confidence in Winthrop, so well merited and generally so constant, did not blind the electors to the danger of the precedent that might grow out of a too long continuance in office of one favorite public ser

women," however, had "liberty to wear out such apparel as they were now provided of, except the immoderate great sleeves, slashed apparel, immoderate great rails, long wings, &c." (Ibid., 126.) Connecticut adopted similar provisions, though less stringent. (Conn. Col. Rec., I. 64.) I do not recollect any legislation of the kind either at New Haven or at Plymouth. Plymouth was perhaps too poor to need it, New Haven too rich to like it.

1639.

vant. His second election after that when he succeeded Vane, had not been carried with universal satisMay 22. faction. "Some laboring had been, by some of the elders and others, to have changed, not out of any dislike to him, for they all loved and esteemed him, but out of their fear lest it might make way for having a Governor for life, which some had propounded as most agreeable to God's institution and the practice of well-ordered states."1 The same jealousy was evinced on the part of the freemen when Emmanuel Downing, the Governor's brother-in-law, was nominated by the Magistrates to be an Assistant, "which they conceived to be done to strengthen his [the Governor's] party; and therefore, though he were known to be a very able man, &c., and one who had done many good offices for the country for these ten years, yet the people would not choose him."2 Another temporary cause of discontent with the existing administration was, that "the Court, finding the number of Deputies to be much increased by the addition of new plantations, Restriction thought fit, for the use both of the country and of the num- the Court, to reduce all towns to two Deputies. This occasioned some to fear that the Magistrates intended to make themselves stronger and the Deputies weaker, and so in time to bring all power into the hands of the Magistrates." By force of reason," the question about the number of Deputies was settled to the general satisfaction; and for forty years from this time there was a uniform delegation of two representatives from every town in the jurisdiction.

ber of Depu

ties.

3

66

The aristocratical element of the society had been extended to its utmost limit in the institution of a Council

1

1 Winthrop, I. 299. "One of the elders, being present with those of his church, when they were to prepare their votes for the election, declared his judgment that a Governor ought to be for his life, alleging for his authority

the practice of all the best commonwealths in Europe, and especially that of Israel, by God's own ordinance." (Ibid., 301.)

2 Ibid., 300.
3 Ibid.

for Life. Without doubt, that measure had reference to the expected immigration of some men of high rank; and, with the decline of this expectation, whatever reason there had been for the arrangement was done away. It had never enjoyed the popular favor; and only three Counsellors appear ever to have been elected. It had been in force but three years, when, at the Court

Restriction

cil for Life.

1638.

May 22.

of Elections, the Deputies proposed "an order of the Coundrawn to this effect, that no person chosen a Counsellor for Life should have any authority as a Magistrate, except he were chosen in the annual elections to one of the places of magistracy established by the patent." The Magistrates concurred in the order, after an alteration of its phraseology, bringing it into the form of an explanation, instead of a repeal, of the act. "That which led those of the Council to yield to this desire of the Deputies was because it concerned themselves, and they did more study to remove these jealousies out of the people's heads, than to preserve any power or dignity to themselves above others." 2

sition of Gov

After the third year of Winthrop's second period of service as Governor, the personal question relating to him was disposed of in the best way possible, as things stood, both for him and for the country. Dudley was elected 1640. in his place," a man,” says his magnanimous pre- May 13. decessor," of approved wisdom and godliness, and Second depoof much good service to the country; and there- ernor Winfore it was his due to share in such honor and election of benefit as the country had to bestow. The elders, being met at Boston about this matter, sent some of their company to acquaint the old Governor with their desire, and the reasons moving them, clearing themselves of all dislike of his government, and seriously professing their sincere affections and respect towards him, which he kindly

1 See above, p. 441.

2 Winthrop, I. 302.

throp, and

Dudley.

and thankfully accepted." In the new election, he had the satisfaction of seeing still better evidence of the public approbation of that government of which he had been the head. It was no further changed than by the promotion of Dudley and Bellingham each one step in official station, while he himself took Bellingham's place as an Assistant.2

Renewed de

charter.

1638.

Sept. 6.

In the second period of Winthrop's administration of the chief magistracy, yet another attempt had been made -the final one for the present to get possession of the charter of Massachusetts. A "very strict order" mand for the came from the Commissioners of Plantations for its instant transmission to England. The General Court, after a pause of some months, "agreed that a letter should be written by the Governor in the name of the Court, to excuse our not sending of it; for it was resolved to be best not to send it, because then such of our friends and others in England would conceive it to be surrendered, and that thereupon we should be bound to receive such a Governor and such orders as should be sent to us, and many bad minds, yea, and some weak ones, among ourselves, would think it lawful, if not necessary, to accept a General Governor." 4

1 Winthrop, II. 3. Winthrop also expressed "his unfeigned desire of more freedom, that he might a little intend his private occasions." He had lost property, and become embarrassed, through the roguery of his bailiff. Hearing of this, some of the towns made voluntary contributions for his relief, and the General Court gave his wife three thousand acres of land. "One gentleman of Newbury, Mr. Richard Dummer, propounded for a supply in a more private way, and, for example, himself disbursed a hundred pounds." (Ibid., 4.) This is a touching incident, for Dummer had

been one of the actors and sufferers in the Antinomian émeute.

2 It may, however, be mentioned as a fact, which possibly had some relation to this rotation in office, that Winthrop, nearly a year before, had had a trifling difference with Bellingham, who was then Treasurer. (Winthrop, I. 320.)

3 The order, dated April 4, 1638, is in Hubbard, 268, and in Hazard, I. 432.

4 Winthrop, I. 269; comp. 274.— The importance of the Puritan establishment in New England had by this time attracted general attention in the par

Winthrop's letter addressed to the Commissioners for Plantations, under this order, is a document worthy of

charter.

all remembrance, as displaying the spirit and Winthrop's policy of the time. It begins with a refusal to reply to the transmit the patent, expressed in the form of recall of the a petition for a further consideration of the demand, and in the style of diplomatic courtesy appropriate to such communications. It declares, that, had notice been received of the prosecution under the quo warranto, there would have been "a sufficient plea to put in." The material part of the manifesto then follows:

"It is not unknown to your Lordships, that we came into these remote parts with his Majesty's license and encouragement, under his great seal of England; and, in the confidence we had of the great assurance of his favor, we have transported our families and estates, and here have we built and planted, to the great enlargement and securing of his Majesty's dominions in these parts, so as,

ent country. In "this present year, 1638," the quidnunc Sir Simonds D'Ewes understood that "their numbers there did now amount to some fifty thousand, and most of them truly pious; and every parish supplied with such able, painful, preaching ministers, as no place under heaven enjoys the like." (Autobiography, &c., II. 117, 118.) Three years later, Milton wrote: "What numbers of faithful and freeborn Englishmen and good Christians have been constrained to forsake their dearest home, their friends and kindred, whom nothing but the wide ocean and the savage deserts of America could hide and shelter from the fury of the bishops? O sir, if we could but see the shape of our dear mother England, as poets are wont to give a personal form to what they please, how would she appear, think ye, but in a mourning weed, with ashes upon her head, and tears abundantly flowing

from her eyes, to behold so many of her children exposed at once, and thrust from things of dearest necessity, because their conscience could not assent to things which the bishops thought indifferent? What more binding than conscience? What more free than indifferency? Cruel, then, must that indifferency needs be, that shall violate the strict necessity of conscience; merciless and inhuman that free choice and liberty, that shall break asunder the bonds of religion! Let the astrologer be dismayed at the portentous blaze of comets, and impressions in the air, as foretelling troubles and changes to states; I shall believe there cannot be a more ill-boding sign to a nation — God turn the omen from us!—than when the inhabitants, to avoid insufferable grievances at home, are enforced by heaps to forsake their native country." (Reformation in England, Book II.)