[mere moral nature, that they might remove all scruples of inflicting necessary punishments, even capital ones, seeing all had voluntarily subjected themselves to them. By common consent they agreed upon Mr. John Carver to be their first governor, confiding in his prudence, that he would not adventure upon any matter of moment without consent of the rest, or, at least, advice of such as were known to be the wisest among them." (Hubbard.) They seem cautiously to have reserved as much of their natural liberty as could be consistent with the maintenance of government and order. This was rational, and every thinking man, when he first quitted the state of nature, would do the same. Lord Chief Justice Holt said, in the case of Blankald versus Galdy, that in case of an uninhabited country newly found out by English subjects, all laws in force in England are in force there, and the court agreed with him. Until they should agree Until they should agree upon laws suited to their peculiar circumstances, our Plymotheans resolved to make the laws of England their rule of government, which, Mr. Hubbard says, "they were willing to be subject unto, although in a foreign land;" and it seems they differed much in this respect from the Massachusetts colonists, and never established any distinct code or body of laws, but "added some particular municipal laws of their own, suitable to their constitution, in such cases where the common law and the statutes of England could not well reach and afford them help in emergent difficulties, following the advice of Pacuvius to his neighbours of Capua, not to cashier their old magistrates till they could agree upon better to place in their room." Cartwright, who had a chief hand in reducing puritanism to a system, held, that the magistrate was bound to adhere to the judicial law of Moses, and might not punish nor pardon, otherwise than they prescribed, and him the Massachusetts people followed.

It must be allowed that, in some instances, the Plymotheans ran into the same errors with the Massachusetts, and established penalties disproportioned to the offences. A young factor, who came from Virginia, was captivated with the charms of an Indian girl, and the effects of a criminal conversation soon appeared. He found suspicions rising against him, and had no other way to avoid whipping but to leave the colony, Accordingly he privately departed to the colony from whence he came, where we suppose his offence would not have been thought very heinous. But the fact was, that these people thought the

magistrates, being God's ministers, were bound to punish all offences in their courts in the same proportion as the supreme Judge would punish them in the court of heaven.

They had no scruples of their authority, by virtue of their combination, to inflict corporal punishment for lesser offences. They had been 10 years combined before any capital offence was committed. In 1630, John Billington, who had slipped in among them when they were at London, not being one of their church, lay in wait for his companion, with whom he was offended, and wounded him, so that he died presently after. They were in doubt of their authority to pass sentence of death. They had just obtained their patent from the council of Plymouth, which gave all the powers which they had authority to give; but if the council, by their patent, had no authority to inflict capital punishment themselves, it might well be inquired, how they could give this power to their substitutes. Their chief reliance, therefore, seems to have been upon the voluntary submission of this offender, among the rest, to the laws and orders of the whole body. This, from a mere moral consideration, might induce them to proceed to trial and punishment; but, as they were within the dominions of Great Britain, and had no constitutional authority to erect courts of justice, scruples of the legality still remained. They therefore applied to their neighbours in the Massachusetts, and prayed their advice. Mr. Winthrop, having consulted with "the ablest gentlemen there," concurred with the opinion at Plymouth, that the man ought to die, and "the land be purged from blood." This was founded upon the divine command, "Whosoever sheddeth man's blood," &c. which was not in any case to be dispensed with. Although they were not clothed with legal authority, they observed, nevertheless, the forms of law, and both grand jury and petty jury were impannelled, and, after indictment, verdict and sentence, the criminal was executed.

Mr. Carver, the first governor, died suddenly, a few months after their arrival. They chose William Bradford to succeed him, and Isaac Allerton his assistant; but gave this reason for choosing an assistant, that Mr. Bradford was upon recovery from a fit of sickness, and unable to bear the whole burden; however, it served for a precedent, and the same persons were annually elected governor and assistant until 1624, when they added four persons more for assistants, and gave the governor a double voice, and in]

[1633 two more; after which they kept to the number of seven assistants, until they submitted to King James II. his commission to Andros. In 70 years they had no more than six different persons governors.

Bradford, who succeeded Carver, was chosen annually from 1621, until he died in 1657, except in 1633, 1636, and 1644, when Edward Winslow was chosen, and 1634, when Thomas Prince was chosen; who also succeeded Bradford, and was annually elected, until his death in 1673; when Josias Winslow succeeded, and continued until he died in 1680; and was succeeded by Thomas Hinkley, who held the place, except in the interruption by Andros, until the junction with the Massachusetts in 1692.

We do not find when they first chose a deputygovernor, or gave an assistant the name of deputy-governor, for we know of no peculiar share of power; but, in the latter part of the patent, William Bradford, son to the first governor, is named deputy-governor. The charters of the The charters of the three New England charter governments mentioning such an officer, probably led them to a conformity. They had no house of representatives until the year 1639, when committees or deputies were sent from each town; viz. four from Plymouth, two from Duxborough, two from Scituate, two from Sandwich, two from Cohannet (Taunton), two from Yarmouth, two from Barnstable. (Colony Records.) There seems to have been no occasion for a house of representatives before. Their number was small, the election of governor and assistants annual; they were, to all intents and purposes, the representatives of the people; and indeed, when the colony increased, the increasing the number of assistants might have answered all the purposes of choosing the same number, with another name. The Massachusetts had some special reasons, which Plymouth had not. They were limited by charter to 18 assistants. The people were not satisfied that the whole powers of government should be in so few hands. They could have a remedy in no other way than by creating a distinct body of men, to share with the governor and assistants in acts of government. The Massachusetts, from the beginning, endeavoured to preserve two distinct ranks or orders of men, gentry and commonalty. There was a general disposition to elect the governor, &c. from the former rank; their ministers preached it as a christian and moral duty. That the commonalty, or, as they expressed themselves, the generality, might come in for a share, they formed a new body, by the name of

representatives, although their charter knew nothing of it.

Whilst they were few in number, so that the whole body could assemble in one place, the whole were frequently convened, to determine upon matters executive as well as legislative. When they were increased, and were divided into towns remote from the centre, this became im practicable. They then seem to have followed the model of the Massachusetts, the governor and assistants being the supreme judiciary power, and sole in judging high offences; lesser offences being cognizable before inferior courts and single magistrates, and in civil matters appeals also lay from inferior jurisdictions to the supreme.

We shall briefly touch upon their ecclesiastical affairs. We suppose this people were the first who took or received the name of Independents, which, in a few years after, was the name given to a body of men in England, who assumed the government there. When they first went to Holland they were known by the name of Brownists. Some of the characteristics of Brownism they afterwards disclaimed, and, at the same time, disclaimed the name, which was generally odious; the character of the founder of the sect being, at best, problematical. Besides, he renounced his principles, and returned to episcopacy. The Puritans they could not conform to, and therefore considered themselves as a distinct church or by themselves, independent of all other. Cardinal Bentivoglio makes them a distinct sect in Holland, by the name of Puritans, though he was unacquainted with their inducement to leave England, and supposes it commerce and not religion. (I Puritani ancora vi son tolerati, che sono i più puri e i piu rigidi Calvinisti, i quali non vogliono riconoscere autorità alcuna ne''magistrati politici sopra il governo de' loro ministri heretici, e sono quasi tutti de' Puritani d'Inghilterra, che per occasion di commercio frequentan l'Ollanda, e le altro Provincie Unite. Della relatione delle Provincie, &c.)

The Massachusetts people refined and took the name of Congregationalists, although it will perhaps be difficult, at this day, to show any material difference between the churches of the two colonies; for although Plymouth never established, by act of government, the Massachusetts platform, yet in practice they seem generally to have

conformed to it.

Whilst they expected their minister from Holland, they were without the sacraments, they had constant public worship, their pious elder generally praying and preaching, or, as they then]

[termed it, prophesying, and sometimes one or other of the brethren best gifted or qualified. After their minister's death, they made trial of four or five; but some were of bad morals, others of principles not approved, and others met with better offers, so that they had no minister settled to their satisfaction until Mr. John Reyner came among them, in the year 1636. The whole colony made but one church until the year 1633, when those brethren who lived on the side of the bay opposite to the town, where Duxbury now is, broke from the rest, because of the difficulty of travel, and became a distinct society. Perhaps their being so long without a minister at first, might be the reason why they were less anxious to be furnished with ministers, immediately upon their spreading and forming new towns and settlements, than their neighbours in Massachusetts and Connecticut.

Considering the rapid increase of the Massachusetts and Connecticut, it may not be amiss to give the reasons of the very slow growth of Plymouth; for in 13 or 14 years the whole colony was not become too numerous for one middling town. They had pitched upon some of the poorest land in New England, and had frequent thoughts of quitting it. In 1623, their brethren write from Leyden, and desire that, seeing by God's providence that place fell to their lot, they would not leave it, nor languish after other places, though they had discovered more rivers and more fertile places than where they were;" but, in 1633, they took possession of Connecticut river, and built and fortified a house for trade, where Hartford now is; and afterwards, when the Massachusetts dispossessed them, they urged, among other reasons for holding possession, that "they lived upon a barren place, where they were by necessity cast, and neither they nor theirs could long continue upon the same, and why should they be deprived of that which they had provided and intended to remove to, as soon as they were able?"

In the next place, the plan they set out upon was not to make a great colony in a little time, but to preserve a pure and distinct congregation; they neither desired any people of a different persuasion to mix with them, nor did any such incline to go among them. When one of the number was hanged, 10 years after the settlement began, it was remarked that he had been a profane person, and guilty of other miscarriages before that for which he suffered, and that by means of some of his friends in London, he had been shuffled in among them. If all in England, If all in England,

who called themselves Brownists and Independents, at that day, had come over with them, they would scarcely have made one considerable town. Indeed, a few years after, most of those who had before been called Puritans, were willing enough to own the same principles with them, though they did not like the name.

We may add one cause more, viz. that their views, when they left England, were rather to establish a factory than establish a factory than a colony. They had no notion of cultivating any more ground than would afford their own necessary provisions, but proposed that their chief secular employment should be commerce with the natives; and they entered into contract with a company of 20 or more merchants and others, many of them belonging to Bristol, who were to furnish them with goods; and, at the end of seven years, the profits were to be divided equally between the merchants in England and the colonists, all the houses and improved land to be valued in the joint stock. This last circumstance was a sufficient bar to any extraordinary improvement of the lands. Here we cannot help remarking, that they had a fine opportunity of making fortunes, having few or no rivals; whilst the Indians were charmed with European goods, as well to adorn as to clothe themselves, and goods sold at great advance, and the furs came cheap; though it is fair to acknowledge, that a variety of misfortunes and losses by sea, for several years together, kept the balance against them. They were but little acquainted with trade, and perhaps they were not so worldly-minded as their posterity have since been. At first they made every man a partner. Every man's person was valued at £10 interest in the stock, and his whole time was to be employed for the common benefit. He that had £90 in the general stock, with the addition of £10 for his person, was to share ten times as much as he who had no substance at all. This was a hard bargain for the poor, and we should not wonder if persons who could bring no money to put in the stock were discouraged from settling among them. After the expiration of the seven years, and a settlement with their partners in England, the principal persons were obliged to become bound for the balance which remained in the hand of the colony or factory, and from that time took the trade into their own hands, exclusive of the poorer sort, who had spent seven years in labour and toil, and had received subsistence only, and that oftentimes scarce enough.

They had for eight or ten years almost the whole supply of the Indians who were near

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[neighbours to them, but their greatest expectations were from the eastern Indians; and they set up a truck-house at Penobscot and another upon Kennebeck river. The latter they found most advantageous, and sought for a grant of a convenient tract from the council of Plymouth, which they obtained in the year 1628, but it was strait and ill-bounded," that the next year, 1629, when a grant was made of the lands intended for the whole colony, the tract of country at Kennebeck was granted anew, and the limits enlarged. They met with some opposition in 1634, from persons employed by Lord Say and Lord Brook, who claimed a right of trading at the same place with the Plymouth people, we suppose by a grant from Gorges; and a fray happened, in which one was killed on each side. Lord Say's company were Puritans, and those of Plymouth Independents. This grant upon Kennebeck, within a few years past, from a different construction of the words which describe the limits, has been the cause of great contention. Perhaps the relation of this action, by Governor Bradford, may afford some light in the controversy. We shall there fore insert it, exactly as the words and points stood in his manuscripts.

come.

'I am now (he writes) to enter upon one of the saddest things that befell them since they But before I begin it will be needful to premise such parte of their patente as gives them right and priviledge at Kenebeck. As followeth. The said counsell hath further given, granted, bargained, sold, infeoffed, allotted, assigned and set over, and by these presents, doe clearly and absolutely give, grant, bargane, sell, alliene, enffeofe, allote, assigne and confirme unto the said William Bradford, his heirs, associates, and assignes. All that tracte of land or part of New England in America afforesaid, which lyeth within or betweene, and extendeth it selfe, from the utmost limits of Cobiseconte which adjoyneth to the river of Kenebeck towards the westerne ocean, and a place called the falls of Nequamkick in America aforesaid, And the space of 15 English myles, on each side of the said river, commonly called Kenebeck river, and all the said river called Kenebeck, that lyeth within the said limits and bounds eastward, westward and northward and southward, last above mentioned; and all lands, grounds, soyles, rivers, waters, fishing, &c. And by vertue of the authority to us derived by the said late Majesty's Lettres patent to take, apprehend, seise, and make prise of all such persons their ships and goods, as shall at

tempte to inhabite, or trade, with the savage people of that countrie within the severall presincts, and limits of his, and their several plantations, &c.

'Now it so fell out that one Hocking, belonging to the plantation of Piscataway, wente with a barke, and comodities to trade in that river, and would needs press into their limits, and not only so but would needs goe up the river above their house (towards the falls of the river) and intercept the trade that should come to them. He that was cheefe of the place forbad them and prayed him that he would not offer them that injurie, nor go about to infringe their liberties, (which had cost them so dear) but he answered he would go up and trade there in dispite of them, and lye there as longe as he pleased; the other told them he must then be forced to remove him from thence, or make seasure of him if he could. He bid him do his worste, and so wente up and anchored there. The other took a boat and some men, and went up to him, when he saw his time, and againe entreated him to departe, by what persuasion he could. But all in vaine, he could get nothing of him but ill words. So he considered that now was the season for the trade to come downe, and if he should suffer him to lye, and take it from them, all their former charge would be lost, and they had better throw up all. So consulting with his men, (who were willing therefor) he resolved to put him from his anchores, and let him drive down the river with the streame; but commanded the men that none should shoote a shote upon any occasion except he commanded them. He spoake to him again but all in vaine, then he sent a cuple in a canow to cutte his cable, the which one of them performes, but Hocking takes up a pece which he had layded ready, and as the barke shered by the canow he shot him close under her side, in the head (as I take it) so he fell down dead instantly. One of his fellows (which loved him well) could not hold, but with a musket shot Hocking, who fell down dead and never spoake word; this was the truth of the thing; the rest of the men carried home the vessel and the sad tidings of these things. Now the Lord Saye and the Lord Brooke with some other great persons had a hand in this plantation; they write home to them, as much as they could to exasperate them in the matter; leaving out all the circumstances, as if he had been killed without any offence of his parte, conceling that he had killed another first, and the just occasion that he had]

[given in offering such wrong; at which their Lordships were much offended till they were truly informed of the matter.' (Bradford's MS.) But to return to our history-Two or three years after the arrival of our colonists, all things were in common, no man having any property but what was put into the common stock, and every person furnished with clothing and provisions out of this stock. A certain quantity of land in the beginning of the year was assigned for planting, and every one had such a proportion of the labour assigned him. Mr. Bradford remarks, upon this occasion, that the ill success of this community of goods, even among godly and sober men, fully evinced the vanity of that conceit of Plato, that the taking away property and bring ing in community into a commonwealth would make them happy and flourishing: and, in fact, they raised so little provisions, that once, at least, they were in danger of starving; and, before their crops were fully ripe, great part would be stolen out of the fields, to satisfy hungry bellies, and severe whipping of the offenders would not deter others in the like circumstances from committing the like offence. Besides, it occasioned constant discontent and murmuring, as the young men, most capable of labour, who had no families, thought much of labouring for other men's wives and children, whilst those in their full strength, complained that it was unjust to allow them no more in the division of victuals and clothing than them who were weak and could not do a quarter part of the labour: again, the aged and grave men thought it an indignity and disrespect to be upon a level, as in labour so in victuals and clothes, with the younger, and those in other respects of inferior condition. Husbands could not brook it that their wives should be commanded to do menial services, dressing meat, washing clothes, &c. for other men. All being obliged to do, and all accustomed to receive alike, it was inferred that, in all other respects, they ought to be alike, and one man was to all intents and purposes as good as another, and no subordination, no civil distinction could be preserved. After three years, they found it absolutely necessary to come into some new measures, and began with assigning to each family a certain quantity of land, sufficient to raise corn enough for their support, but in all other respects to continue in the general way, until the seven years for which they had contracted with their partners in England for the profits of their labour were expired. There was immediately a

new face upon their affairs, much more corn was planted than the governor, by the exertion of all his authority, could ever cause them to plant in any year before. Women and children, who were weak and unable before, went cheerfully with their husbands and parents to plant corn, and every family had enough for their support, and many of them some to spare. An emulation was created and increased every year to exceed in quantity, and in a few years they were able to raise sufficient to make it a valuable article in their Indian trade, being then worth 6s. sterling a bushel. The Indians now, in a great measure, left off raising it, the hunting life being more agreeable to them, and finding, as they did, that with their furs they could purchase what they wanted.

The colony had struggled for seven or eight years, and had made but small improvements in cultivating the ground, and was not numerous enough to think of dividing and extending to the inland parts of the country when Mr. Endicot ar rived at Salem to prepare the way for the grand undertaking of settling the Massachusetts. This must have given fresh spirits to the Plymotheans. Without this, we think, there is great reason to question whether the plantation would not in a few years have been deserted, and the settlers have removed to some more fertile part of America, or, which is more probable, have returned to England, where, from the change of times, they might have enjoyed civil and religious liberty, for the sake of which they first quitted it, in as great a latitude as their hearts could wish.

In a small colony it cannot be expected that we should meet with many events of moment after they had grappled with the hardship which attended their first settlement. Mr. Bradford remarks, that the Spaniards were thought by Peter Martyr to have suffered hardships which none but a Spaniard could endure, when they were obliged to live for five days together upon the parched grain of maize only, and that not to satiety, whereas the Plymotheans the first two or three years thought a meal of their maize as good as a feast; and sometimes not for five days only, but for two or three months together, were destitute of that and all other corn or bread of any kind. But with their miseries, he says, they opened a way to these new lands, for other men to come afterwards with ease and inhabit them. The fourth year after their arrival, they were threatened with the total destruction of their crop, and absolute famine. From about the]