New England -- History -- Colonial period, ca. 1600-1775
Although there was little in the Fundamental Orders, as settled in 1639,
which cannot be found in previous custom or legislation in Massachusetts
or Plymouth, nevertheless, only those elements which were of a
democratic tendency were put into the new constitution, and there was
distinctly a more democratic attitude on the part of the leaders and
people than in the Bay Colony. Such provisions as that making the
governor ineligible for immediate reëlection, and the franchise
independent of religious qualification, probably show a reaction from
the rule of Massachusetts.
The contrasted influences which the new colony and its parent were
bringing to bear upon the development of American thought at this time
may best be illustrated by the theories of their several leaders.
Perhaps the two most influential men in New England in 1640, and the two
who most deserved the positions assigned them, were John Winthrop, the
leader in Massachusetts, and Thomas Hooker, the leader in Connecticut.
Winthrop's opinion of democracy as “the worst of all forms of
government,” we have already noted, and may contrast with Hooker's
belief that the complete control of their rulers “belongs unto the
people by Gods own allowance.” In the important question whether judges
should render arbitrary decisions wholly according to their personal
views, or be limited by a fundamental body of laws, the two leaders were
equally far apart. “Whatsoever sentence the magistrate gives,” wrote
Winthrop, who opposed any such limitation, “the judgment is the Lord's,
though he do it not by any rule prescribed by civil authority.”[468]
“That in the matter which is referred to the judge,” asserted Hooker, on
the other hand, “the sentence should lie in his breast, or be left to
his discretion, according to which he should go, I am afraid it is a
course which wants both safety and warrant. I must confess, I ever
looked at it as a way which leads directly to tyranny, and so to
confusion, and must plainly profess, if it was in my liberty, I should
choose neither to live nor leave my posterity under such a
government.”[469]
Footnote 468:
_Connecticut Historical Society Collections_, vol. I, p. 17.
Footnote 469:
Letter to Winthrop, _Ibid._, p. 11.
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