HE character of the settlers of New

THE

England has been so frequently and so fully discussed, that it would be useless at this day to attempt to change the opinions of the reading public. The Puritan had no negative traits: there was much to admire, somewhat to condemn, but nothing upon which the mind could be in doubt. The Quaker, who was whipped at the cart's tail, or swung from the gallows, and the Anabaptist to whom banishment was a welcome escape from the pillory and the stocks, could not be expected to leave to their descendants any extraordinary veneration for the men who had so sternly swept them out as chaff from the Lord's threshing-floor. So, too, the churchmen, English or Catholic, who have never found this grim antagonist disposed either to give or take quarterthe Cavalier, and the votary of pleasure, with whom the Puritan is the type of fanaticism, the foe of chivalry and the disenchanter of romance-these, from natural constitution and education, are blind to all but the gloomy traits of his character, and regard him as either a cruel, bigoted tyrant, or a selfish, calculating hypocrite. But those who appreciate the value of the institutions which the Puritan founded, will not be disposed to condemn his illiberality without weighing also his merits. The town meetings, pure democracies; the free schools; the independent churches; the spirit of ready sacrifice of individual interests to the public welfare; the habits of industry and frugality, all of which not only made national independence possible, but necessarily led to it-these were of Puritan growth. No other branch of the race, from which we sprung, possessed these ideas, or so fully exemplified these virtues. The progress of liberal ideas among succeeding generations, has served to render their bigotry and intolerance somewhat obsolete; let us hope that their inflexible integrity may not also go out of fashion.

Remembering, then, what great principles the fathers of New England established, their children may peruse without anger the record of their faults. That record shows nothing that sprung from duplicity, cowardice, frivolity, or pampered appetite; none that were infected with these vices, could claim fellowship in a commonwealth established on a purely religious basis. The faults of the dominant class were the result of their theology; wholly absorbed in spiritual things, and deeming every worldly interest as worthless in comparison, they considered it the

first duty of the state to enforce conformity to the Divine law. The men with whom revelation was such a vivid and ever-present reality, could not let heedless souls rush upon destruction while there was power to stay them. The New Testament did not appear to inspire these enthusiasts with such an ecstatic fervor as did the bold imagery of the Prophets. They preferred to turn backwards, to catch the faroff brightness of the bush, that burned but was not consumed, and to stand awestruck in view of the lurid grandeur of Sinai, rather than to look upon the milder radiance that encircled the head of the Son of Man. But the spirit of Force which ever attended Judaism has been overcome; though it will be long before the traces of its career will be obliterated.

But we set forth with no intention of writing a disquisition. We wished to preface the fragments to be presented with a few words, to show that it is not to expose the Puritan to ridicule, or to furnish his enemies with arrows from his own quiver, that we gather any memorials of his errors.

The "Curiosities" have been literally copied from the MS. Records of the General Court of Massachusetts. At the outset we beg our readers to understand that we do not design to make any accurate classification of subjects; nor do we pretend to enter into any very thorough investigation of particular topics; still less to attempt to bring forward new ideas. The great wains have passed over this earliest field of American history, and gathered its golden sheaves; it is our purpose only to glean what we choose from what has been overlooked or rejected.

From the intense and pervading sentiment of religious veneration, the clergy were by far the most influential class. Though not nominally in office, they really constituted an upper house, from whose judgment no appeal could be taken. Many instances occur where doubtful points of constitutional law, as, for instance, the construction of obscure clauses in the colonial charter, were formally referred to the "teaching elders" for exposition, as to a supreme court. At the annual election in May 1637, when a difficulty arose between two parties that threatened to end in anarchy, Mr. Wilson, a prominent minister, got upon the bough of a tree (the meeting being in the open air), and by his eloquence induced the people to proceed with the business of the day. As a necessary result of this controlling in

fluence, the laws against blasphemy, Sabbath breaking, want of respect to ministers and church ordinances, and kindred offences, were sufficiently severe. Like Paul, the priest magnified his office; and the audacious wight who ventured to cast opprobrium on the anointed, could not hope to escape unpunished. The following are taken from among a multitude of similar instances:

*

"fforasmuch as ye open contempt of God's word and messengrs thereof is ye desolating sinn of civill states & churches, & yt ye Praching of ye word by those whom God doth send is ye cheife ordinary meanes ordained of God for ye converting, edifying and saving ye soules of ye elect, * * * * * It is therefore ordred & decreed, yt if any christian, so called, wthin y jurisdiction shall contemptuously behave himselfe toward ye word preached, or ye mes-. seng's thereof, * * or, like a sonn of Corah, cast upon his true doctrine or himselfe any reproach, to ye dishonor of ye Lord Jesus who hath sent him, & to ye dispagmt of yt his holy ordinance, making God's wayes contemptible & ridiculos, yt evry such Pson or sons * * shall for ye first scandole be convented and re ved openly by ye matrats; * * * and if a second time they break forth' into ye like contemptuous carriages, either to pay 51. to ye publicke treasury, or to stand two houres openly upon a block, 4 foote high, on a lecture day, wth a pa fixed on his breast, wth this: A WANTON GOSPELLER, written in capital lett's; yt others may fear & be ashamed of breaking out into the like wickedness."-Vol. 2. 156. 1646.

*

We should think such a discipline might be an excellent corrective for the prevailing levity and irreligion of our own times. Imagine the block, "4 foote high," yet standing by the Old South Church, and the modern scoffer, infidel or reformer doing penance thereon, in view of the throngs of Washington street!

"Mr. Ambros Marten for calling the church Covenant a stinking Carryon & a humane invention, & saying hee wondered at gods patience, feared it would end in the sharpe, & said the ministers did dethrone christ & set up themselves; he was fined 10%. & counselled to go to Mr. Mather to bee instructed by him."-Vol. 1. 240.

1638.

The various phrases by which men have endeavored to express the idea of gradual diminution, will all have to yield to that of "ending in the sharpe." It must be allowed that the sturdy heretic spoke good idiomatic Saxon. There was a refined cruelty in his sentence, however salutary it might prove in the end; to send him for instruction to Mr. Mather, the very chief of the class whom he con

sidered as so many Satans claiming fealty, was a severe trial to his conscience; the stocks or bilboes would have been merciful in comparison.

"Mr. John Haule bound himself in 20%. for his servant, John Burrows, that hee shall not seduce any man, nor move questions to that end, nor question wth any other, except wth the magistrates or teaching elders.". Vol. 1. 232. 1638.

It would seem that John had been quite successful among unstable souls, but was henceforth to content himself in trying his artillery upon the impregnable fortresses of the rulers temporal and spiritual. Truly a hopeless business.

The next case is somewhat more severe; few on these or any other records are

more so.

"Whereas the Court and Jury did not agree in Crosmans Case, who is now a prisonor for blasphemy, and so it Necessarylie Coming to this Court to be determined, the Court on a full hearinge of the Case uppon the evidence given in, doe Order & determine as follows: vizt, that the sd Crosman be severely whipt in open market place, & Imediately after to be burnt in his forehead with the letter: B: and after to be banished for ever out of or Jurisdiction."-Vol. 2. 328. 1651.

A "Scarlet Letter" one would not wish to wear

"Steven Greensmyth for affirming that all the mir* (except Mr. Cotton, Mr. Wheelright & hee thought Mr. Hooker), did teach a Covenant of works, was for a time Comited to the marshall, & after enioyned to make acknowledgment, *. * * and was

fined 40%. and standeth bound in 1007. till this bee done.”—Vol. 1. 187. 1636.

The Corte thinke it convenient yt order be given to ye Auditor to send 12 gallons of sack & 6 gallons of white wine, as a small testimony of ye Corts respect, to yt revrend Assembly of Eld's at Cambridge.”—vol. 2.

66. 1644.

This was the Assembly that formed the famous "Cambridge Platform." We should be pleased to see such a testimony of respect offered in our day. Fancy GENERAL WILSON or COLONEL SCHOULER proposing to send a demijohn by way of compliment to one of the annual gatherings of white neckcloths assembled at the Marlboro' Chapel or the Melodeon! Apropos to wine, there is a curious order concerning its sale to Indians, which may be inserted here.

"The Court apprhending yt it is not fit to deprive ye Indians of any lawfull Com fort weh God aloweth to all men by ye use of wine, do ordr yt it shalbe lawful for all such as are or shalbe alowed license to retaile wines, to sell also to ye Indians so

much as may be fit, for their needfull use or refreshing."-Vol. 2. 66. 1644.

But religion did not claim the exclusive veneration of the age. Such pains were not taken to support one section of the arch alone; rising from the same plane, the State inclined in equal curve toward the Church, and, meeting it, gave and received support. The Magistracy was sur-· rounded with an outward state that now seems impossible in an elective government. The very halberdiers, who preceded the Governor on public occasions, were more reverenced than the Governor himself is now. Merchants and men of wealth were not the important personages they have since become. The aristocracy of birth was not extinct; the aristocracy of wealth had not arisen. The Lawyers, who have managed latterly to engross nearly all the places of honor or profit, were then rather more moderately esteemed. It seems indeed to have been a matter of special reproach to one of the early magnates that he had been an "Atturney."

"It is ordered that Thomas Dexter shalbe set in the bilbowse, disfranchized & ffined XLI., for speakeing rechfull & seditious words against the Gou'mt here established, & findeing fault to dyv's wth the acts of the Court, sayeing 'this captious gou'mt will bring all to naught,' adding, that 'the best of them was but an Atturney.'”—Vol. 1. 96. 1632.

"It is ordered that John Lee shalbe whipt & ffined, for calling Mr. Ludlowe false hearted knave, and hard-hearted knave, heavy

ffriend."-Vol. 1. 111. 1634.

"It is ordered that John Lee shalbe whipt and ffyned XLI. for speakeing rechfully of the Gou'n', sayeing, hee was but a Lawers clerke, & what understanding hadd hee more than himselfe?' also, taxeing the Court for makeing lawes to pick men's purses, as also for abusing a mayde of the Gou'n', pretending love in the way of marriage, when himselfe professes hee intended none, as also for intiseing her to goe with him into the corne feild."-Vol. 1. 133. 1634.

John seems to have been ambitious of filling a whole criminal's calendar alone. However venial his rage against "ye worshipfull 'matrats " may have been, yet, in view of his perfidy to the "mayde" whose ear he beguiled, we must deem him most justly punished.

We should have felt some sympathy for the Captain under his fine (equivalent to at least $1500. now), had it not been for the very poor pun in which he vented his anger; but "Just-ass!"-no, "'tis tolerable and not to be endured."

"It is ordered that Ensigne Jennison shal be ffyned the some of XXI., for upbraydeing the Court with Iniustice, uttering theis words, I pray god deliver mee from this Court,' professing hee hadd wayted from Court to court, & could not have iustice done him.”—Vol. 1. 133. 1634.

We suspect that if all the weary suitors in modern courts were called to account for similar ebullitions of impatience, their Honors, the Judges, would have plenty to do.

"It is ordred yt Edm Bridges, for his neglect of shooing Mr. Symonds horse (when he was to come to Corte,) should be required by warrant from this Corte to answere this complaint & his neglect to further publike service, at ye next County Corte," &c.-Vol. 2. 170. 1647.

"Rich'd Cluffe, for saying, 'shall pay 12d. for the fragments wch the grandiury roages have left?' hee was bound to his good behavior, & fined three pounds, sixe shillings & eight pence, weh was discounted by Mr. Robrt Saltonstall, upon account. -Vol. 1. 284. 1640.

The laws forbade innkeepers charging more than twelve pence for a meal; so, of course, they never charged less. would appear that Cluffe was so unfortunate as to come to dinner after the Grand

It

Jury; and, finding the fragments altogether unsatisfactory, demurred to the landlord's bill. He might have come off easily if he had expressed himself circumspectly, for the Puritan did not dislike the spirit that resisted imposition; but to allow the Grand Jury to be called "roages," was not to be thought of.

"Thomas Starr, being accused for speaking against the order of Court about swine, and the same ved that hee said 'the law was against gods law, and hee would not obey it': so hee was comited, and enioyned to acknowledg his fault the 14th, at the gen❜all Court, and was fined 207., and to give security for his fine, or pay the same before his releasement.'-Vol. 1. 215. 1637. O. S.

The higher law is here plumply avowed, and the fugitive swine law trampled upon. The doctrine of the harmony of law with ethics is as old as the race. Each age imagines the conflicts which arise between its idea of the Right and the existing institutions and laws, to be new, and that great principles are for ever settled in the encounter. But, truly, we move in a circle; and, notwithstanding the substan