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Emigration prohibited.

numbers embarked this year, 1633, for New England. So numerous, and of such character were these emigrants, that the king in council thought fit to issue the following order, Feb. 21, 1633. "Whereas the board is given to understand of the frequent transportation of great numbers of his majesty's subjects out of this kingdom to the plantation of New England, among whom, divers persons known to be ill affected, discontented, not only with civil but ecclesiastical government here, are observed to resort thither, whereby such confusion and distraction is already grown there, esspecially in point of religion, as besides the ruin of the said plantation, cannot but highly tend both to the scandal of church and state here: and whereas it was informed in particular, that there are at the present, divers ships in the river of Thames, ready to set sail thither, freighted with passengers and provisions: it is thought fit, and ordered that stay should be forthwith made of the said ships until further order from the board. And the several masters and freighters of the same should attend the board, on Wednesday next, in the afternoon, with a list of the passengers, and provisions in each ship. And that Mr. Cradock, a chief adventurer in that plantation, now present before the board, should be required to cause the letters patent for the said plantation to be brought to this board, "*

- HUTCHINSON.

Representative Government formed.

105

This order, however, in consequence of an able vindication of the conduct of the governor, and colonists of New England, by such of the company as were present, did not put a stop to emigrations. In some of the summer months of this year there arrived 12 or 14 ships filled with passengers. Among the distinguished characters, who came over about this time, were Mr. Haynes, Sir Henry Vane, and the Rev. Messrs. Cotton, Hooker, and Stone. The first was afterwards many years governor of Connecticut. The second was

the next year elected governor of Massachusetts. The three last named were among the most eminent divines of that day, and their migration to New England, drew after them multitudes of the persecuted puritans. Mr. Cotton is said to have been more useful and influential in settling the civil as well as ecclesiastical polity of New England, than any other person.

Until this period the legislative powers had been exercised by the governor, deputy governor, and assistants, and the whole body of freemen in person, though the latter had been permitted to have but little share in the government; but the colony had now become so numerous that it was inconvenient, and indeed impracticable, to legislate in one assembly; nor was it safe, surrounded as they were, with hostile Indians, for the freemen to leave their families for so long a time unprotected: necessity, therefore, obliged them to establish a representative form of government, which they did by general consent,

106

Civil Regulations.

though no express provision was made for it in the charter. Accordingly, the freemen elected twenty four deputies, who appeared in general court, April, 1634, as their representatives. Their first business was to assert the rights of the people by passing the following resolutions; viz. "That none but the general court had power to make and establish laws, or to elect and appoint officers as gov-. ernor, deputy governor, assistants, treasurer, secretary, captains, lieutenants, ensigns, or any of like moment, or to remove such upon misdemeanour, or to set out the duties or powers of these officers. That none but the general court hath power to raise monies, and taxes, and to dispose of lands, viz. to give and confirm proprieties."

After these resolutions, they proceeded to the election of magistrates. Then they further determined, "That there shall be four general courts held yearly, to be summoned by the governor for the time being, and not to be dissolved, but by consent of the major part of the court. That it shall be lawful for the freemen of each plantation to choose two or three, before every general court, to confer of, and prepare, such business as by them shall be thought fit to consider of at the next court; and that such persons as shall be hereafter so deputed by the freemen of the several plantations, to deal in their behalf in the affairs of the commonwealth, shall have the full power and voices of all the said freemen, derived to them for the making and establishing of laws, granting of

court.

*

Code of Laws enacted.

107

lands, &c. and to deal in all other affairs of the commonwealth, wherein the freemen have to do, the matter of election of magistrates and other of ficers only excepted, wherein every freeman is to give his own voice." And to show their resentment, they imposed a fine upon the court of assistants for going contrary to an order of the general "The legislative body thus organized, continued without alteration (except that the number of general courts annually was reduced, in 1644, from four to two) till the loss of the charter in 1684. This is supposed to have been the second house of representatives that ever assembled in America. A house of burgesses met for the first time in Virginia, May, 1620, fourteen years before.

Having thus established their form of government, the enaction of a code of laws was the next business in course. The leading characters among the colonists, were of opinion that the subjects of any prince or state had a natural right to emigrate to any other state or country, when deprived of liberty of conscience, and that upon such a removal their allegiance ceased. They considered their subjection to the crown of England as voluntary, and founded on mutual compact, and this compact was their charter. They maintained their right to make their own laws, and to elect their own magistrates, but acknowledged that their

HUTCHINSON.

108

Code of Laws established.

laws must not be repugnant to those of England ; and that by their compact they had no right to be subject to, nor seek protection from any foreign prince. With these sentiments, and without any partiality for the laws of their mother country, under which they had suffered so many hardships, it is not surprising that they did not adopt the laws of England as the foundation of their code. The peculiarity of their situation, indeed, rendered necessary corresponding laws and regulations. And as their leading object in migrating to this country, was to enjoy liberty of conscience, and to support and transmit pure to their posterity, the religion of the bible; and finding in this book the leading principles of good government, and a sys. tem of laws for the general regulation of human conduct, they adopted it as their " principal code of law, and declared, as an article in their bill of rights, that no man should suffer but by an express law, sufficiently published, yet in case of a defect of law in any particular instance, by the word of God."

"It is obvious to all, in the present age, that the peculiarities of the Jewish nation must render their jurisprudence inapplicable, in a variety of instances, to a people so differently circumstanced; and the rights of individuals could gain nothing by neglecting the experience of mankind, in former judicial proceedings, where they were in any degree similar to cases which might arise. The code of laws became marked with many additional capital