from him, nor in any wise endangered, under color of law, or constitutional authority, unless it should be some express law of the colony warranting the same, established by the general court and sufficiently published; or, in case of the defect of such law in any particular case, by some clear and plain rule of the Word of God, in which the whole court should concur. It was also ordained that all persons in the colony, whether inhabitants or not, should enjoy the same laws and justice, without partiality or delay. Their general precepts bore the same aspect, and breathed the same spirit of liberty and safety, with respect to the subjects universally, which is exhibited in the constitution.

In the 14th year of Charles II., (1662,) Connecticut, being desirous of some more potent friend and ally, and proposing to herself other advantages by a connection with the crown of England, as a free trade with an old manufacturing country; also, the extinguishment of the claims which the crown had upon the lands in right of discovery, and her sister state, Massachusetts, having led the way by forming a similar connection. They caused a constitution of government to be drawn up in the form of a charter, so as to include the colony of New Haven, which Mr. Winthrop, their agent, agreeably to the principles and spirit of their former government, presented to the king and council. And he, aided by Lord Say and Seal, obtained its confirmation in 1662, which conveyed the most ample privileges under the great seal of England.

By this charter they obtained from the crown a confirmation and guaranty of all their rights, prerogatives and powers, which they had enjoyed and exercised before as a sovereign and independent government. Also, a grant and confirmation of their title to the lands described in the charter, to hold in fee and common socage, with all the islands, waters, rivers, shores, fisheries,

quarries, mines, minerals, &c., reserving one-fifth part of the gold and silver, which might from time to time be gotten there, in lieu of all service, duties and demands, whatsoever and also, all the rights and immunities of natural born subjects of the crown of England, with the privileges of free trade to all parts of the king's dominions. It ordained that John Wintworth, John Mason, and seventeen other persons therein named, and all such others as there were, or should thereafter be admitted and made free of the corporation, should forever after be a body corporate and politic in fact, and in name of "The Governor and Company of the English Colony of Connecticut, in New England in America."

§ 67. It ordained, among other things, there should be annually two general assemblies; one holden on the second Thursday of May, and the other on the second Thursday of October. This was to consist of the governor, deputy governor, and twelve assistants, with two deputies from every town or city. John Winthrop was appointed governor, and John Mason deputy governor, and the other persons therein named magistrates, until a new election should be made. By this the general assembly, consisting of the governor and council, composed of twelve assistants, seven of whom made a quorum, and the representatives of the people, not exceeding two from each town, were invested with supreme power of legislation; also of constituting courts, with final jurisdiction in all civil and criminal causes, of appointing judges, and all other officers of government necessary for the well ordering and governing the affairs of the colony, with this reservation only, that they should make no law repugnant to the laws of England, and this could hardly be called a restraint upon legislative power.

The style of enacting statutes was as follows: "Be it enacted by the governor and council and representatives,

in general court assembled, and by the authority of the same." Thus it will be perceived, that the colonists although they became connected with, and subordinate to the crown of England with the rights of subjects, yet that they assumed and claimed that they were under no obligation of obedience to the government and laws of the kingdom. This, it has been said, was upon three grounds: 1st. They were the laws of the realm of England, which could not extend to those who were out of it. 2d. They were inapplicable to their situation and circumstances in this country. 3d. Neither the parliament nor the people of England had any authority over them, to control their persons or to bind their property, derived either from conquest, compact, or from their being represented, actually or virtually, in the parliament of England, or from any other consideration whatever. (a)

The charter of 1662, contained a very extensive grant of political power. It authorized the company to have a common seal, to appoint judicatures, make freemen, constitute offices, establish laws, impose fines, assemble the inhabitants in martial array for common defence, and to exercise martial law in all cases in which it might be necessary. It also ordained, that all the king's subjects in the colony should enjoy all the privileges of free and natural subjects within the realm of England, and that the patent should always have the most favorable construction for the benefit of the governor and company.(b) This charter comprehended the colony of New Haven. It, however, did not yield to the government of Connecticut until after a most strenuous struggle and resistance to a union, until 1665, at which time they finally assented to it.

(a) Robt. Am. 6.

(b) 1 Trumbull, 249.

§ 68. This leads us to the consideration of the second subdivision of this historical sketch, to wit: the history of the colony of New Haven, from its first settlement, to the time of its union with that of Connecticut.

Shortly after the removal and settlement in the colony of Connecticut, and while the settlers of that colony. were engaged in laying the foundation of their civil and political institutions, a project was formed for the settlement of another colony at a place known to the Indians by the name of Quinipiack, afterwards called New Haven. On the 26th July, 1637, John Davenport, Samuel Eaton, and many others of character and fortune, arrived at Boston; who, from their character, were much pressed to settle in Massachusetts. Davenport, who was a learned and pious divine, and his congregation who had come over with him, determined upon the settlement of a distinct colony, and finally settled upon New Haven as the place of their residence. On the 30th of March, 1638, they sailed from Boston, and arrived at New Haven in about two weeks; and, on the 18th of April, 1838, they spent their first sabbath under a large and spreading oak, and listened to the oracles of God from their pastor and leader. The motives which influenced their principal men in undertaking this new settlement, was undoubtedly a desire of being at the head of a new government, modelled, both in civil and religious matters, agreeably to their own peculiar tenets; which led them to devise the formation of a civil and religious constitution as near as possible to scripture precepts and example.(a)

Soon after their arrival, after a day devoted to religious fasting and prayer, they entered into what they termed a plantation covenant; by which they bound

(a) 1 Trumb. 95.

themselves, "That, as That, as in matters that concern the gathering and ordering of a church, so also in public offices which concern civil order, as choice of magistrates and officers, making and repealing laws, dividing allotments of inheritance, and all things of a like nature, they would all of them, be ordered by the rules which the scripture held forth to them."

§ 69. They continued to act under this agreement until 1639, when, on the 4th of June, all the free planters met in a large barn; and in a very formal and solemn manner, proceeded to lay the foundation of their civil and religious polity. Their spiritual head introduced the business by preaching from these words— "Wisdom hath builded her house, she hath hewn out her seven pillars." The design of which was to show, that the church, the house of God, should be formed of seven pillars, or principal brethren, to whom all the others should be added. He then proceeded to represent to the planters, that they had met to consult respecting the settlement of a civil government, according to the will of God; and for the nomination of persons, who, by universal consent, were in all respects the best qualified for the foundation of a church. They then proceeded to the adoption of a fundamental law, which declared "That the scriptures hold forth a perfect rule for the direction and government of all men, in all duties which they are to perform to God and man, as well in families and commonwealths, as in matters of the church. That, as in matters which concerned the gathering and ordering of a church, so likewise in all public offices which concern civil order, as the choice of magistrates and officers, making and repealing laws, dividing allotments of inheritance, and all things of like nature, they would all be governed by those rules which the scriptures held forth to them. That all those who desired to be received as free planters, had settled in the plantation with