proposition to take from the magistrates their negative, and so introduce the system of one irresponsible, absolute chamber, better thoughts arose; and, " as the groundwork for government and order in the issuing of business of greatest and highest consequence," it was agreed that the magistrates and deputies should sit in separate chambers, each of which should have the right to originate orders and laws, and each have a negative on the acts of the other. So far the form of the Massachusetts government was established as it now exists; but as yet no separate negative was allowed to the governor.

With the increase of English freedom, the dangers which had menaced Massachusetts appeared to pass away; its government began to adventure on a more lenient policy; the sentence of exile against Wheelwright was rescinded; a proposition was made to extend the franchises of the company to those who were not church members, provided "a civil agreement among all the English could be formed" for asserting the common liberty. For this purpose, letters were written to the confederated states; but the want of concert defeated the plan. The law which, nearly at the same time, threatened obstinate Anabaptists with exile, was not designed to be enforced. "Anabaptism," says Jeremy Taylor, in his famous argument for liberty, "is as much to be rooted out as anything that is the greatest pest and nuisance to the public interest.' The fathers of Massachusetts reasoned more mildly. The dangers apprehended from some wild and turbulent spirits, "whose conscience and religion seemed only to sett forth themselves and raise contentions in the country, did provoke us"-such was their language in 1646-" to provide for our safety by a law, that all such should take notice how unwelcome they should be unto us, either comeing or staying. But for such as differ from us only in judgment, and live peaceably amongst us, such have no cause to complain; for it hath never beene as yet putt in execution against any of them, although such are known to live amongst us." Even two of the presi dents of Harvard College were Anabaptists.

While dissenters were thus treated with an equivocal toleration, no concessions were made toward the government in England. It was the creed of even the most loyal deputy,

that, "if the king, or any party from him, should attempt anything against this commonwealth," it was the common duty "to spend estate, and life, and all, without scruple, in its defence;" that, "if the parliament itself should hereafter be of a malignant spirit, then, if the colony have strength sufficient, it may withstand any authority from thence to its hurt." Massachusetts called itself "a perfect republic." Nor was the expression a vain boast. The commonwealth, by force of arms, preserved in its harbors a neutrality between the ships of the opposing English factions; and the law, which placed death as the penalty on any "attempt at the alteration of the frame of polity fundamentally," was well understood to be aimed at those who should assert the supremacy of the English parliament. The establishment of a mint, in 1652, was an exercise of sovereignty. The silver shilling, stamped with the image of a pine-tree, was largely coined.

Whilst the public mind was agitated with discussions on liberty of conscience and independence of English jurisdiction, the community, in this infancy of popular government, was disturbed with a third "great question about the authority of the magistrates and the liberty of the people."

The oldest dispute in the colony was of 1632, and related to the limits of the authority of the governor. In 1634, on occasion of dividing the town lands, "men of the inferior sort were chosen " in Boston. Eliot, the apostle of the Indians, maintained that treaties should not be made without consulting the commons. The doctrine of rotation in office was asserted in 1639, even to the neglect of Winthrop, "lest there should be a governor for life." Like symptoms broke out in the next five years. When one of the elders proposed that the place of governor should be held for life, the deputies immediately resolved that no magistrate of any kind should be elected for more than a year. The magistrates once nominated several persons for office; and every one of their candidates was rejected. On the other hand, when one of the ministers attempted to dissuade the freemen from choosing the same officers twice in succession, they disliked the interference of the adviser more than they loved the doctrine of frequent change, and re-elected the old magistrates almost without ex

ception. The condition of a new colony which discarded the legislation of the mother country necessarily left many things to the opinions of the executive. The people were loud in demanding a government of law, and not of discretion. No sooner had Winthrop pleaded against the establishment of an exact penalty for every offence-because justice, not less than mercy, imposed the duty of regulating the punishment by the circumstances of the case-than they raised the cry of arbitrary power, and refused the hope of clemency, when it was to be obtained from the capricious judgments of a magistrate. The authority exercised by the assistants during the intervals between the sessions became a subject of apprehension. A majority of the deputies proposed to substitute a joint commission. The proposition being declined as inconsistent with the patent, they then desired to reserve the question for further deliberation. When to this it was answered that, in the mean time, the assistants would act according to the power and trust which they claimed by the charter, the deputies rejoined, by their speaker, Hawthorne: "You will not be obeyed."

In 1645, the popular party felt a consciousness of so great strength as to desire a struggle with its opponents. The opportunity could not long be wanting. The executive magistrates, accustomed to tutelary vigilance over the welfare of the towns, had set aside a military election in Hingham. There had been, perhaps, in the proceedings, sufficient irregularity to warrant the interference. The affair came before the general court. "Two of the magistrates and a small majority of the deputies were of opinion that the magistrates exercised too much power, and that the people's liberty was thereby in danger; while nearly half the deputies, and all the rest of the magistrates, judged that authority was over-much slighted, which, if not remedied, would endanger the commonwealth and introduce a mere democracy." The two branches being at variance, a reference to the arbitration of the elders was proposed. But "to this the deputies would by no means consent; for they knew that many of the elders were more careful to uphold the honor and power of the magistrates than themselves well liked of."

The root of the disturbance at Hingham existed in "a presbyterial spirit," which opposed the government of the colonial commonwealth. Some of those who pleaded the laws of England against the charter and the administration in Massachusetts had been committed by Winthrop, then deputy governor, for contempt of the established authority. It was proposed to procure their release by his impeachment. Hitherto the enemies of the state had united with the popular party, and both had assailed the charter as the basis of magisterial power; the former with the view of invoking the interposition of England, the latter in the hope of increasing popular liberty. But the citizens would not, even in the excitement of political divisions, wrong the purest of their leaders, and the factious elements were rendered harmless by decomposition. Winthrop appeared at the bar only to triumph in his acquittal, while his false accusers were punished by fines. "Civil liberty," said the noble-minded man, in "a little speech" on resuming his seat upon the bench, "is the proper end and object of authority, and cannot subsist without it. It is a liberty to that only which is good, just, and honest. This liberty you are to stand for with the hazard not only of your goods, but, if need be, of your lives. Whatsoever crosseth this is not authority, but a distemper thereof."

It now became possible to adjust the long-continued difference by a compromise. The power of the magistrates over the militia was diminished by law; but though the magistrates themselves were by some declared to be but public servants, holding "a ministerial office," and though it became a favorite idea that all authority resides essentially with the people in their body representative, yet the Hingham disturbers were punished by heavy fines, while Winthrop and his friends retained the affectionate confidence of the colony.

The court of Massachusetts was ready to concede the enjoyment of religious worship under Presbyterian forms; yet its discontented enemies, defeated in their hope of a union with the popular party, determined to rally on the principle of liberty of conscience, which had been rapidly making progress. Many books had come from England in defence of tol eration. Many of the court were well inclined to suspend the

laws against Anabaptists, and the order subjecting strangers to the supervision of the magistrates; and Winthrop thought that "the rule of hospitality required more moderation and indulgence." In Boston, a powerful liberal party already openly existed; but the apparent purpose of advancing relig ious freedom was made to disguise measures of the deadliest hostility to the frame of civil government. The nationality of New England was in danger. William Vassal, of Scituate, was the chief of the "busy and factious spirits, always opposite to the civil governments of the country and the way of its churches;" and, at the same time, through his brother, a member of the Long Parliament and of the commission for the colonies, he possessed influence in England.

The new party desired to subvert the charter government, and introduce a general governor from England. They endeavored to acquire strength by rallying all the materials of opposition. The friends of Presbyterianism were soothed by hopes of a triumph; the democratic party was assured that the government should be more popular; while the penurious were provoked by complaints of unwise expenditures and intolerable taxations. But the people refused to be deceived; the petition to the general court for redress of grievances had with difficulty obtained the signatures of seven men, and of these some were sojourners in the colony, who desired only an excuse for appealing to England. Written in a spirit of wanton insult, it introduced every topic that had been made the theme of party discussion, and asserted that there existed in the country no settled form of government according to the laws of England. A thorough reformation was demanded; "if not," add the remonstrants, "we shall be necessitated to apply our humble desires to both houses of parliament;" and in the English parliament Presbyterianism was become the ruling power.

In 1646, Gorton carried his complaints to the mother country, and, though unaided by personal influence or by powerful friends, succeeded in all his wishes. At this juncture, an order respecting his claims arrived in Boston, and was couched in terms which involved an assertion of the right of parliament to reverse the decisions and control the government of Massa