Page:History of the United States of America, Spencer, v1.djvu/118

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NEW ENGLAND DURING THE COMMONWEALTH.
[Bk. I.

strates, resulted in the preparation of a collection of laws, known as "Fundamentals," or "Body of Liberties." Of these, the rough draft, having been prepared by the council, was sent round and submitted, first to the local magistrates and elders, then to the freemen at large, for due consideration and improvement ; and having been thus decided upon, they were at length formally adopted. After three years' trial they were to be revised, and finally established. These laws, about a hundred in number, are characteristic and curious. The supreme power was still to reside in the hands of the church members alone ; universal suffrage was not conceded, but every citizen was allowed to take a certain share in the business of any public meeting. Some degree of liberty was granted to private churches, and assemblies of different Christians, but the power of veto was still vested in the supreme council, who might arbitrarily put down any proceedings which they deemed heterodox and dangerous, and punish or expel their authors. Strangers and refugees professing the true Christian religion were to be received and sheltered. Bond-slavery, villanage, or captivity, except in the case of lawful captives taken in war, or any who should either sell themselves or be sold by others, were to be abolished. Injurious monopolies were not to be allowed. Idolatry, witchcraft, and blasphemy, or wilful disturbing of the established order of the state, were punishable with death. All torture was prohibited, unless whipping, ear-cropping, and the pillory, which were retained as wholesome and necessary punishments, might be so considered. The liberties of women, children, and servants, are defined in a more benevolent spirit, in harmony with the milder provisions of the Mosaic code, so constantly referred to by those who framed the body of Fundamentals.

New Hampshire, still in its infancy, sought and obtained annexation, on favorable terms, to its powerful neighbor Massachusetts. Not long after, in 1643, the various settlements and colonies in New England, feeling the need of mutual aid and support, determined to enter into arrangements by which this end could be effectually attained. Accordingly a confederation was formed, under the name of "The United Colonies of New England." It consisted of the colonies of Massachusetts, New Plymouth, Connecticut, and New Haven. By the articles of confederation, these colonies entered into a firm and perpetual bond of friendship and amity, for offence and defence, mutual advice and succor, upon all just occasions, both for preserving and propagating the truth and liberties of the Gospel, as they interpreted it, and for their own mutual safety and welfare. Each colony was to retain its own jurisdiction and government ; and no other plantation or colony was to be received as a confederate, nor any of the two confederates to be united into one jurisdiction, without the consent of the rest. The affairs of the United Colonies were to be managed by a legislature, to consist of two persons, styled commissioners, chosen from each colony. The commissioners were to meet annually in the colonies, in succession, and when