Connecticut Historical Collections

Quoire 5. Whether free Biir;:^esses shall be ehosen out of Church members, ihey that are in the fouiidaiion work of the church being- actually free burgesse.s, and lo chuse to themselves oul of the like estaie of cluirch lellowship, and the power of cha- sing magistrates and olticers from among iheni'-elves, and the power of making and repealing laws accurding to the word, and the dividing of inheritances, and the deci- ding dilferences that may arise, and all the business ot like nature, are to be transacted by those free burgesses. This (viz, au;cre 5.) was put to vote, and agreed unto by the lifting up of hands twice, as in the lormer cases it was done. Then one man stood U|) alter the vole was past, and expressing his dissenting from the rest, in liiat yet granting, 1. 'I'luit magis- trates should be men fearing Goi>. 0. That the Church is the company whence ordi- narily such men may be expected. ■^. That they that chuse them ought to be men fearing Gon, onelye at this he slurke. That l]i,c plaiileis ought nut lo give the power out o( their hands. Another stood up and answered, t'lat in this case iiothin<? was done but wiih their consent. The former answered, that all the free planters ought to lesume this power into their own hands again, if things were not orderly carried. Mr. Theophilus Eaton answered, thai in ail cases tliev choose commitiees. In like manner the companys of London chuse the liverys by whom the publi(]ue magistrates are chosen. In this the rest are not wronged; because lliev e.xpect to be of ihe livery themselves, ami to have the same power. Some others intreaied the former to give his arguments and rea.sons -whereupon he disseiiKul. lie refu.sed lo doe it, and said they might not rationally de- maund it, seeing he let the vote pass on freelv, and ilid not speak until after it was past because he would not hinder wliat Ihey agreed ujion. Then INlr. Davenpoil, after a shorl relation of some loi mei-])iiss:iges beiwccn them two about this question, prayed the company that nothing might be euii. ■hided hy ihem in this weighty qestion, biit what themselves were ]H-iMiaded to be agieein- with the minde of Goo, and ihey had heard what had been sayd since the vote, mtreaied them agavne to eonsidci" of il and agayne to put il lo vote as before. Agayne all of them by holding up their hands, did shew their consent as befcu'e. And some of them professed, that whereas they did waver before they came to the as^emblv, they were now fully convinced, thai il is the minde of God. (Jne of ihein sai.l, ihiit in ihe morning belbre he came, reading Deu- teronomy 17, 15. he was convinced at home. Another said that he came doubling to the assembly, but he blessed Goo, by what had beene said he was now fully satisfied that thechoyceol buigesses out of Church members, audio intiust these- with the power befoie spoken of, is accoiding to the minde of Gon revealed in the scripture. All having spoken their aj.piehensions, it was agiced upon, and Mr. Robert IN'ewman was desired lo write it as an order, whereunuj every one that herealier should be ad- mitted here as plaiiieis should submit, and testify ihe s.ime by subscribing their names It" the ordei, namelv, That church Members only shall be free llurtjesses, and that they only shall chuse magisiiaies and olhcers among thcmscdves, to have the power o( transacting all pub- lique civil allairs of this phiniaiion, of making and repealing laws, devideing of inher- itances, decideing ol ditl'erences that may arise ; and doing all things or businesses of like nature. This being sellled as a fundamental article concerning civil government, Mr. Dav- enport propounded and proposed some things to consideration abouie the gatheringe of a Church. And to prevent the blemishing of the (irst beginnings of the woik, He advised that the names of such as were to be admitted be publiquely propounded, to the end that they who were most approved might bechosen; for the town being cast into several private meetings, wherein they that dwelt nearest together gave their accounLs one to another of Gon's gracious worlc upon them, and pr.iyed together, and conferred to their mutual edidcaiion, sundry of them had knowledge one of another, and in ev- ery meeting some one was more approved of all than any other. For this rea.son, and to prevent scandalls, the whole company was iiilieated"lo consider whom they found nttest to nominate for this worke. Quaere G. Whether are yon all willing and do agree in this, that twelve men be cho- sen, thai their fitness for the foundation work may he tried, however there may be more named, yet it may be in their power who are chosen to reduce them to twelve, and it be in the power of those twelve to chuse oul of themselves 7, that shall be most appro- ved of, ihe major pan to begin the church. This was agreed upon by consenl of all, as was expre.-^sed by holding up of hand,?, and that so many as should be thought lit for the foundation work of a church, shall 140 NEW HAVEN. be propounded by ihe plantation, and written down and passe without exception, \\i\- lesse they had gi\'en public scandall or otTcnce, yet so as in case of publiqiie scaiulall and otlence, every one should have libeiiy to propound their exceptions at that time publiquely againsi any man ihat shoiihl be nominated whtn all the names ahould be writ down, but if the olFcnce were private, that men's names miglit be leiidered, so ma- ny as were otfended, were intrented to deal with the otTender privately. And if he frave no satislaclion, to brine the matter lo the twelve, that ihey might considei of it impartially and in the I'eare of God. The names of the persons named and agreed upon, were Theophilus Eaton, John D:ivenpori, I-tobert Newman, Matthew Gilbert, Richard Malbon, Nathaniel Turner, Ezekiel Chevers, Tliomas Fugill, Juhn Pnnder- son, William Andrews, and Jeremiah Dixon. No exception was biouglit against any of these in public, except one abonl taking an excessive rate for meal liiat he had sold to one of Poquonnock in his neede, whicii he confessed with grief, and declared that having been smitten in heart, and troubled in his conscience, he offered such a part of the price back again, with conlession of his sin t(j the parly, as he thought himself bound to do. And it being lea red that the report of tlie sin was heard funher than the report of his satisfaction, a course was concluded on to make ilie satislaclion to as ma- ny as heard of the sin. It was also agreed upon at the .said ineelinge, that if the per- sons above named did find themselves sti^iitened in the number of fit ineu for the sev- en, that it sliould be free for them to take inio liyal of lilnesse such other as they should think ineete. Provided that it slionld he sigriilied to ihe town upon the Lord's day who Ihey so take in, that evei y man may be saiislied of them, according lo the course formerly taken. [The foregoing was subscribed ai'd signed by one liiindied and eleven persons.] " After a proper term of trial, 'J'heophilus Iviton, Esq., ]\Ir. John Davenport, Robert Newman, I\Iattlieu' CJilbert, Thomas Fugill, John Puiideison and Jeremiah Dixon, were chosen for the seven pillars of the church. "October 25th, 1G39, the court, as it is termed, consisting of these seven persons only, convened, and after a solemn address to the Su- preme Majesty, they proceeded to form the body of freemen, and to elect their civil officers. Tlie manner was indeed singular and curious. •' In the first place, all former trust, for managing the public affairs of the plantation, was declared to cease, and be utterly abrogated. Then all those who had been admitted to the church after the gathering of it, in the choice of the seven |Mllars, and all the mendjers of other appro- ved churches, who desired it, and olTeretl themselves, were admitted members of the court. A solt'mn chinge was then ptdilicly given them, to the same effect as the freemen's charge, or oath, which they had pre- viously adopted. The purjiort of (his was nearly the same, with the oath of fidelity, and with the freemen's admini.^tered at the present lime. Mr. Davenport expounded several scriptiu'es to them, describing the character of civil magistrates given in the sacred oracles. To this suc- ceeded the election of officers. Theophilus Eaton, Esq. was chosen f;overnor, Mr. Robert Newman, ]Mr. Matthew Gilbert, Mr. Nathaniel Turner, and Mr. Thomas Fugill, were chosen magistrates. Mr. Fugill was also chosen secretary ; and Robert Secly, marshal. " Mr. Davenport gave Governor Eaton a charge in open court, from Deut. 1 : 16, 17. ' And I charged your judges at that time, saying. Hear the causes between your brethren, and judge rigiiteously between every man and his brother, and the stranger that is with him. Ye shall not respect persons in judgment, but ye shall hear the small as well as the great ; ye shall not be afraid of the face of man ; for the judgment is God's : and the cause that is too hard for you, bring it unto me, and I will hear it." NEW HAVEN. 141 " It was decreed by the freemen, llmt there should be a general court annually, in the plantation, on the last week in October. This was ordained a court of election, in which all the officers of the colony were to be chosen. This court determined, that the word of God should be the only rule for ordering the atlairs of government in that commonweakh. "This was the original, fundamental constitution of the governraent of New Haven. All government was originally in the church, and the members of the church elected tiie governor, magistrates and all other officers. Tlie magistrates, at first, were no more than assistants of the governor; they might not act in any sentence or determination of the court.* No deputy governor was cliosen, nnr were any laws enacted, except the general resolutions which have been noticed ; but, as the j)lantation enlarged, and new towns were settled, new orders were giv- en ; the general court received a new form, laws were enacted, and the civil polity of this jurisdiction gradually advanced, in its essential parts, to a near resemblance of the government of Connecticut."!