History for ready reference, Volume 5, Tunnage to Zyp and SupplementLarned, J. N. (Josephus Nelson)
History
History for ready reference, Volume 5, Tunnage to Zyp and Supplement
Larned, J. N. (Josephus Nelson)
History -- Dictionaries
third Virginia charter, the House tried to interfere but was
warned off—because the business concerned only the king and
his advisers.
{3169}
Moreover there was no lack of precedents for the extension not
only of common law but of royal ordinances and statute law
outside of the original realm of England. … Such in outline
was the status of English colonial law previous to 1688. It
was in the process of formation and adaptation to the new
empire. There were ample precedents for the exercise of the
rights of British sovereignty in America, but those rights had
not yet been called into the fullest operation. Their
legitimacy however was in general fully acknowledged by the
colonists. They had been allowed great liberty in establishing
their governments, erecting courts, levying taxes, organizing
and calling out their militia for defence against the Indians.
Colonial society had been allowed to develop freely in all
lines and the product was far different from anything which
existed in the mother country. It was democratic rather than
aristocratic; it was also extremely particularistic, and too
remote from England to feel much interest in the general
concerns of the empire. In this divergence of social
organization and interests, as between the colonies and the
mother country, lay the germ which might develop into
resistance on the part of the plantations, if at any time
England should attempt to enforce her rightful supremacy over
them. But as yet there was too little of the spirit of union
among the colonists to make possible any combined action. Also
those dynasties whose government had been most arbitrary in
England, the Tudors and Stuarts, had, till the reign of James
II, treated the colonies with great leniency. But the
statements just made do not cover the whole ground. They
describe the attitude of the colonies in general toward the
mother country, but they do not describe the special
conditions which prevailed in New England. If we wish to know
how the theory of colonial independence originated, we must
look in that direction. The American revolution cannot be
explained without reference to the political character and
tendencies of Puritanism. … Puritanism then was a political as
well as a religious movement. On the one hand its doctrines
contained a strong democratic leaven; on the other they
contained principles which might lead to the separation of
church and state. How the former tendency worked itself out in
New England is familiar; how the latter failed of
accomplishment there is equally well known. The Puritans of
Massachusetts were not opposed to the union of church and
state or to the employment of the secular power to enforce
religious conformity. … What they were opposed to was every
other form of state church except their own. … In order to
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