Production Note Cornell University Library produced this volume to replace the irreparably deteriorated original. It was scanned using Xerox software and equipment at 600 dots per inch resolution and compressed prior to storage using CCITT Group 4 compression. The digital data were used to create Cornell's replacement volume on paper that meets the ANSI Standard Z39.48-1984. The production of this volume was supported in part by the New York State Program for the Conservation and Preservation of Library Research Materials and the Xerox Corporation. Digital file copyright by Cornell University Library 1993.XV. MEMOIR OF THEOPillLUS EATON) THE FIRST GOVERNOR OF THE COLONY OF NEW HAVEN. BY JACOB BAILEY MOORE. i SECOND SERIES, VOL. II. 45MEMOIR OP THEOPHILUS EATON. “ No character in the annals of New England, (says Sav- age,) is of purer fame than that of Theophilus Eaton, gov- ernor of the colony of New Haven, from its settlement to his death, by twenty annual elections ; the only instance of such an honor ever conferred. That his talents were ade- quate to the station, might be confidently concluded, from the fact of his prior service, several years, as representative of Charles I., to the court of Denmark; and the long admin- istration of an infant state without a rival, is irrefragable proof of his prudence and virtue. All the original writers of our history are abundant in his praise, and the later and more judicious inquirers are satisfied with their evidence.”* Of the family of Governor Eaton, the accounts which have been transmitted to us are meagre. His father was the Rev. Richard Eaton, who was born in 1563, received his education at Lincoln college, and became vicar of the par- ish of Great Bud worth, in Cheshire. He afterwards re- moved to Stony Stratford, where he was for some time pastor of a church, and from thence he removed to Coventry, where he died in the pastoral office, in 1617, at the age of 54. Mather characterises him as “ a faithful and famous minister.” Theophilus Eaton was born in the year 1590, at Stony Stratford.f He was placed in school at Coventry, to which town his father had removed, and there the young pupil be- camh noted for proficiency in his studies. It is said of him, * Savage’s Winthrop, i. 228. + Stony Stratford is a market town on the river Ouse, in the hundred and deanery of Newport, county of Buckingham, some 52 miles distant from London, on the old Roman road, called Watling street. Lyson’s Britannia.470 MEMOIR OF also, that he possessed a memory so tenacious, that he could repeat whole sermons which he had heard at church.* The father of Mr. Eaton observing his capacity, desired that he should make preparation to enter upon the work of the ministry, his own cherished calling; but the son had adopted other views, and ultimately decided to qualify himself for commercial pursuits. He was accordingly apprenticed to the business of a merchant. After the accustomed service, he became a freeman of the city of London, and engaged successfully in “the east-country trade,” that is. the trade with countries on the shores of the Baltic.*(* Thus brief are the accounts which have come down to us, of the early life of this remarkable man ; but they are sufficient to convey a strong impression of his character. It was not long before the abilities of Mr. Eaton, which had been rendered conspicuous by his successful enter- prises, attracted the attention of the East Land Company,J and he was chosen deputy-governor of that corporation. In carrying out their plans, he visited the northern countries of Europe. He succeeded in making arrangements mate- rially to increase the traffic of the company with the ports on the Baltic ; and became so well known for his energy and success, that he was shortly afterwards appointed the agent of Charles I., at the court of Denmark; In the fashion of the times, and under the reign of a Stuart, there was nothing incompatible in this double employment; and. it is known that he conducted the affairs of his two-fold agency in such a manner as to win the confidence of the king, and the respect of the sovereign tq whose court he had been ac- credited. He was equally successful in promoting the in- terests of the great commercial company of which he was the representative. Resuming business in London, after his return from Copenhagen, as might naturally be inferred, under the most favorable circumstances, Mr. Eaton was eminently successful, and Mather says of him, that he “ spent many years, a merchant of great credit and fashion in the city of London.” * Mather’s Magn. b. ii. 26. 1? Kingsley’s Hist. Disc. 11. t A commercial company in London, established in 1579, under the title of the ■“ Company of Merchants of the East,” similar to the great Hamburgh Com- pany, incorporated by Edward L, in 1296, and the oldest trading establishment in the kingdom. The Eastland Company consisted alone of merchants who had trafficked through the Sound before; 1568, into Denmark, Norway, Sweden, &c. It was complained of as a monopoly, and its privileges were curtailed in 1672 ; and since the revolution of 1688, it has existed only in name.THEOPHILUS EATON. 471 Mr. Eaton was a puritan in faith, and took a deep in- terest in the emigrations to America, which marked the beginning of the seventeenth century. He was one of the patentees of Massachusetts, and one of the magistrates or assistants, chosen in 1629. He took an active part in the proceedings of the company, before its transfer to New England, and contributed liberally towards providing the means for the settlement of the colony. It has been sup- posed that Mr. Eaton had no original purpose of going to New England ; but that when proceedings under the act of uniformity became so oppressive as to induce his beloved pastor and particular friend, Mr. Davenport,* to retire into Holland, and afterwards prepare for emigration to America, he determined to throw up his pursuits and prospects in England, and accompany his friend to the shores of the new world. Of their preliminary arrangements, unfortunately, no account has been preserved, such as marks the progress, step by step, of the pioneers of New Plymouth and Massa- * Rev. John Davenport was born in Coventry, in 1597. At the age of four- teen he entered Merton College, then in Magdalen Hall, Oxford, and before he was twenty, entered upon the duties of a preacher, first as domestic chaplain at Hilton Castle, near Durham, and afterwards as vicar of St. Stephens, in Cole- man street, London. In 1625 he received his degree as bachelor of divinity. By great application to study he had become distinguished as a scholar, and as a preacher, he held the first rank. Becoming a conscientious non-conformist, he was obliged to retire into Holland in 1633, to escape the persecution of Arch- bishop Laud. At Amsterdam he became colleague pastor of the English Church in that city, but resisting the promiscuous baptism of children, then practised in Holland, he was compelled to withdraw from the church, and in 1636.he returned to London.' Here, joining the company of his friend? Theophilus Eaton, he prepared for emigration to America. He became the minister and spiritual guide of ;the people of New Haven, on the establishment of the colony, and re- mained with them until after his cherished colony had been merged in that of Connecticut. In April, 1668, just thirty years after the commencement of his ministry at New Haven, he accepted the invitation of the first church in Boston, to succeed the Rev. Mr. Wilson, who had deceased. But his labors there were of short duration. He died suddenly, of apoplexy, 15th March, 1670, at the age of 72, and was buried in the tomb of his friend Cotton. Ample accounts of this excellent divine are contained in Professor Kingsley’s and Dr. Bacon’s Historical Discourses. Several of the descendants of Mr. Davenport became distinguished as clergy- men in Connecticut and New York. Hon. Abraham Davenport, of Stamford, was distinguished for his vigorous understanding, integrity, and firmness.. Dr. Dwight relates the following anecdote : “ On the 19th May, 1780, (the memo- rable dark day>) the legislature was in session at Hartford. A very general opinion prevailed, that the day of judgment was at hand. The house of Repre- sentatives being unable to transact business, adjourned. A proposal to adjourn the council was under consideration ; when the opinion of Col. Davenport was asked, he answered, “I am against an adjournment. The day of judgment is either approaching, or it is not. If it is not, there is no cause of adjournment; if it is, I choose to be found doing my duty. I wish, therefore, that candles may foe brought.”472 MEMOIR OF chusetts Bay. We know, however, that the new adven- turers were chiefly Londoners, men who had for the most part been engaged in commerce. We may suppose that the flattering accounts sent home by the earlier colonists had also excited in the minds of these adventurers the hopes of establishing themselves successfully in the pursuits of com- merce in the new world. The company embarked in two ships, taking with them a number of servants, and a large amount of property. They arrived at Boston, 26 June, 1637,* where they met a most hearty welcome from their brethren who had gone before them. Mr. Eaton, and those who came with him, were men of consideration, of high endowments, moral and intellectual; and they were, moreover, the most opulent company which had come into New England. Hubbard speaks of them as “men of great estates, notably well versed in trading and merchandising.” Under these circumstances, the people of the plantations already established were naturally desirous to offer such terms as should be acceptable to the new emi- grants. They were offered lands at New Plymouth. In Massachusetts, great pains were taken by individuals, by towns, and even by the general court, to induce them to re- main in that colony. Winthrop says, that “ all possible means had been used to accommodate them ; Charlestown offered them largely; Newbury their whole town, and the court any place which was free.” But they had other pur- poses, and were reserved for another destiny. They had already written to their friends at Hartford to purchase for their use ample territory from the natives, further south, tovvards the Hudson. The military expedition against the Pequots in 1636, had opened to the notice of the colonists the fine tracts along the shore, from Saybrook to Fairfield, apparently fruitful, and happily situated for navigation and commerce. Stoughton and Underhill, returning from the conquest, both bore testimony to the beauty of the country, and urged their friends to take possession of it. “ The Dutch will seize it,” says Stoughton, “ if the English do not; and it is too good for any but friends.”f Underhill spoke in praise of “ the famous place called Queenapiok,” as having “a fair river, fit for harboring of ships,” and bordered by “ rich and goodly meadows.” The accuracy of the infor- mation thus obtained, Mr. Eaton determined to test by per-' * Kingsley says June 3d. t Hutchinson’s Coll. 62.THEOPHILUS EATON. 473 sonal observation, and in the fall of 1637, in company with a few friends, he made a journey of exploration to the lands and harbors on the sound. The fine bay of Quinnipiack attracted their attention, and they decided to fix upon it, as the place of their settlement, 44 being much taken with the fruitfulness of that place, and more safety, as they con- ceived, from the danger of a general governor.”*' They erected a poor hut upon the future site of New Haven, and here a few men subsisted through the winter, f The new emigrants, although they had decided to decline the offers of Massachusetts, were not insensible to the lib- eral intention of the people of that colony; and in a letter giving their reasons for preferring to be the founders of a new plantation, they pledged to them their future friend- ship, and their resolution 44 to be any way instrumental and serviceable for the common good of these plantations as well as of those, which the Divine Providence hath com- bined together in as strong a bond of brotherly affection, by the sameness of their condition, as Joab and Abishai were, whose several armies did mutually strengthen them both against several enemies, II Sam. x. 9, 10, 11, or rather they are joined together, as Hippocrates his twins, to stand and fall, to grow and decay, to flourish and wither, to live and die together.”J Mr. Eaton arrived in New England at a fortunate period. The last victory over a warlike tribe of Indians, who had threatened the destruction of the settlements on the Con- necticut, had been won, and the Pequot nation had ceased to exist. § The design of planting a ne w colony south of that of Connecticut, therefore, seemed to open under favorable cir- cumstances. It was fortunate, also, for the elder bolony on ~ : ' j * Sav. Winthrop, i. 259. t This hut stood upon what is now the corner of Church and Meadow streets, in New Haven. Seven men were left by Mr. Eaton; one of whom died during the winter. Joshua Atwater, a gentleman of distinction and opulence, was one of the seven. The names of four others were Francis Brown, John Beacher, Rob- ert Pigg,.and Thomas Hogg. In 1750, while digging the cellar for a house on the corner of Meadow and George streets, remains, supposed to be those of the Englishman who died, as above mentioned, in 1637, were discovered. Lambert’s New Haven, 42. Dana’s Cent. Sermon, 45. t Sav. Winthrop, i. 405. The letter is dated 12 March, 1639, and signed by Eaton and Davenporte. § It has, in no very kind spirit, perhaps, been said of the colonists, in reference to this event, that the example of the Jews, dispossessing and slaying the Canaan- ites, may have settled all doubts respecting their right to destroy the Indians, or sell them into slavery, on the ground that “ the earth is the Lord’s,” and the promise, that “ thesaints shall inherit the earth.”—-Lambert, 20..474 MEMOIR OF the river, that the new emigrants had arrived, for they were generally men of substance, of a liberal and Christian spirit. They were ready to aid the planters of Windsor, Hartford and Weathersfield,^who had been greatly impoverished by the war, and who during the winter of uncommon severity which followed, were actually menaced with starvation.* * * § A successful negotiation with the Indians of Pocomtock, [Deerfield,] which secured a supply of corn—averted the danger, f It will be perceived* that one of the principal reasons as- signed by the colonists, for a removal to Connecticut, was the idea that they would be more out of the way arid ex- empt from the interference of a governor general, who wras at this time expected, and was an object of general apprehension, in all the New England plantations. What foundation there wras for the hope, by such removal, of securing exemption from the control of a governor general, had one been sent, does not appear. The spirit of persecu- tion which could follow them across the ocean, might cer- tainly reach them in a wilderness even more remote than Quinnipiack.J It is not impossible, that among the motives wThich influenced the principal men, a spark of ambition; may have been concealed, animating their high resolves to become the founders of a state, and to control its govern- ment, after shaping it to a model agreeable to their own ideas of a perfect commonwealth. They would very na- turally, also, seek to avoid any difficulty growing out of the bitter antinomian controversy, which then raged in Massa- chusetts, and which Mr. Davenport, on his arrival, had earnestly, but ineffectually, exerted himself to reconcile. Failiiig to find a remedy for “ the spiritual disease,” which had broken out in Massachusetts* they may have sought greater safety in being as far removed as possible from its influence. Dr. Bacon has suggested another high purpose as possi- bly influencing the course of Mr. Eaton and his associates at this period—the bold thought of asserting, if it should be necessary, an absolute independence of the English crown! He who reads their records, will find nothing to contradict such an hypothesis.§ * Winthrop notices the uncommon severity of the winter of 1637, and says the' Snow laid deep from 4th of Nov. to 23d of March. t Mason says, fifty canoes laden with corn were received at one time. t“ My arm shall reach him even there”—was the threat of Archbishop Laud Vhen he heard of Davenport’s retreat to America. § Bacon’s Hist. Disc. 86.THEOPHILUS EATON. 475 Mr. Eaton and his companions sailed from Boston on the 30th of March, 1638 ; and their two or three little vessels, freighted with an entire colony, were brought safely to their moorings in the bay of Quinnipiack, on the 14th of April ; their passage having been thus protracted through their in- dispensable caution in sailing along the coast. , The day following, being* the first Sabbath after their arrival, they devoted to worship. From their vessels and their tents* they gathered themselves together under the spreading branches of a large oak,# reverently listening to the exhor- tations, and joining in the prayers of their beloved pastor, Mr. Davenport. He preached on this occasion from Mat- thew iii. 1,—“In those days came John the Baptist, preach- ing in the wilderness of Judea.”f On that day, for the first time, the wild woods of Quinnipiack rang with, the notes of Christian hymns and exhortations, where for ages had echoed only the war-songs of the savage. The foundations of thfe colony were laid in peace, and the blessings of Heaven were invoked upon their undertaking. Looking forward to the establishment of a great and prosperous community, the colonists immediately sat about making the purchases, and entering into the treaties, neces- sary to give it'stability. They recognized the Indian title to the soil, and the necessity and justice of acquiring it by fair and open purchase of its original possessors. In No- vember, they entered into an agreement with the chief of the native tribe dwelling at Quinnipiack for the plain west of the river.j In December, they made another purchase bf a large tract, lying principally north of the other, extend- ing eight miles east of the river Quinnipiack, and five miles west of it towards the Hudson ; and it has been asserted that all the lands of New Haven colony were obtained by equitable purchase, of the natives. § Adopting the policy of * This tree stood near the present corner of George and College.streets, New haven, and is said to haVe been standing as late as i776. t The historians disagree as to the text used on this occasion ; but the family records expressly say that the selected text of this puritan divine was Matt. iii. 1.”—MS. Letter Rev. Isaac Jones, Litchfield, Conn. t A small tribe of Ihdians, called Quinnipiacks, at this time resided here; they had a fort at a place since known as Indian, or Beacon Hill, in East Haven, and a burial place near. After the coming of the; whites, their numbers rapidly diminished, and the tribe has long since been extinct. The tradition is, that Charles, the last chief of the Quinnipiacks, was frozen to death near the ruins of his wigwam. These purchases comprehended all the lands within the ancient limits of New Haven, Branford, and Wallingford, and now form the whole or principal SECOND SERIES, VOL. IL 46476 MEMOIR OF William Penn, these colonists permitted no lands to be purchased of the Indians, except on account of the govern- ment, or by permission of the magistrates, and all convey- ances were recorded, and open to public inspection.* Near the bay of Quihnipiack, the settlers laid out their town in squares, on the plan of a spacious city, and in 1640, gave to it the name of New Haven. 0 For more than a year after commencing their settlement, they continued without any other constitution than their Plantation Cove- nant. In this simple instrument, less formal even than the celebrated compact of the Plymouth pilgrims, they had so- lemn engaged, that, in their civil as well as in their reli- gious concerns, “ they would all of them be ordered by the rules which the Scriptures do hold forth.” Some of the first settlers of New Haven were Millenarians, or believers that the second coming of Christ will precede the millenium, and that there will be a literal resurrection of the saints, who will reign with Christ on earth a thousand years. This was a prevalent belief for a long time afterwards in New England. It has been said that some of the more enthu- siastic indulged the fond illusion that they were the precur- sors of Christ’s millenial kingdom, which was to extend from sea to sea, and that the city, whose fouiidations they had laid, would become the seat of empire ! The time had now arrived when it was necessary to pro- ceed to the establishment of a form of government for the new colony. Accordingly all the free planters of Quinni- piack assembled in convention for that purpose on the 4th of June, 1639. The place of their meeting was a large barn, which had been erected by Mr. Robert Newman, j* He acted as scribe on the occasion. The ceremonies were imposing. The Rev. Mr. Davenport addressed the people from the words of the royal preacher, “ Wisdom hath budd- ed her house, she hath hewn out her seven pillars.” His design was to show,J that the church, the house of God, should be formed of seven pillars, or principal brethren, to whom all the other members of the church should be ga- thered. After a solemn invocation of the Divine Majesty, parts of the towns of East Haven, North Haven, Hamden, Cheshire, Meriden, North Branford, Bethany, Woodbridge and Orange. Lambert, 46. • Kingsley, 22, 82. t Bacon (Hist. Disc., 21,) says, Mr. Newman’s barn was somewhere on the ground now occupied by the dwelling of Prof. Kingsley and [the late] Dr. Webster. t We follow the account given by Trumbull.THEOPHILUS EATON". 477 he proceeded to represent to the planters, that they were met to consult respecting the settlement of the civil govern- ment according to the will of God, and for the nomination of persons, who, by universal consent, were* in all'respects* best qualified for the foundation work of a church. He en- larged upon the great importance and, solemnity of the transactions before them, and desired, that no man would give his voice, in any matter, until he fully, understood it; and that all would act, without respect to any man, but give their vote in the fear of God. After due deliberation, resolutions were passed adopting the following articles as the basis of their government: L That the scriptures hold forth a perfect rule for the direction and government of all men in all duties which they are to perform to God and men, as well in families and commonwealth, as in matters of the church. 2. That as in matters which concerned the gathering and ordering of a church, so likewise in all public offices which concern civil order, as the choice of magistrates and officers, making and repealing laws, dividing allotments of inheri- tance, and all things of like nature, they would all be go- verned by those rules, which the scripture held forth to them. 3. That all those who had desired to be received as free planters, had settled in the plantation, with a purpose, reso- lution and desire, that they might be admitted into church fellowship according to Christ. 4. That all the free planters held themselves bound to establish such civil order as might best conduce to the se- curing of the purity and peace of the ordinance to them- selves and their posterity according to God. 5. That church members only should be free burgesses; and that they only should choose magistrates among themselves, to have power of transacting all the public ci- vil affairs of the plantation: of making and repealing laws, dividing inheritances, deciding of differences that may arise, and doing all things and businesses of like nature. 6. That twelve men should be chosen, that their fitness for the foundation work might be tried, and that it should be in the power of those twelve men to choose seven to be- gin the church. These propositions were severally adopted finally without dissent,no objection being made during the discussion which arose in the assembly, except by Samuel Ea;ton, the brother of Theophilus Eaton. He declared, that while he assented478 MEMOIR OF to the proposition that “the magistrates should be men fearing God,” and that “ the church is ordinarily the compa- ny whence such men may be expected ” he objected to the test of church membership required of the voters, on the ground that “ the free planters ought not to surrender this power out of their hands.” He was evidently in advance of his age, and when replied to by the labored arguments of his brother and Mr. Davenport, he found so little sup- port, that he withdrew his dissent, “ because he would not hinder what they had agreed upon.” The fundamental principle was thus adopted, and subscribed to by sixtv-three persons, (all who were then present,)—“that church mem- bers only should be free burgesses, and that they only Should choose the magistrates, to have power of conducting the civil affairs of the plantation.” • . \ After the adoption of these essential provisions, which settled the* character of the embryo commonwealth, their next step was to proceed to the organization of the civil go- vernment. The method was as follows : The little town of New Haven, which had then some two hundred inhabitants,* was divided into districts; each dis- trict selected one whom they judged best qualified to be one of the church; the individuals thus named in the dis- tricts, assembling together, and reducing their number to twelve, were to select from the twelve the seven persons to he the “ pillars,” or members of the original church. Meet- ing for this purpose, on the 22d August, 1639, Theophilus Eaton, John Davenport, Robert Newman, Matthew Gilbert, Thomas Fugill, John Punderson, and Jeremy Dixon, were thus chosen to constitute the church. They met on the 25th pf October following; and having admitted into their body, and to the privileges of citizenship, all who were judged qualified to become members of the church, they proceeded to the election of civil officers. The possession of property was not necessary to constitute a voter; character, as de- veloped in church-membership being the only requisite qual- ification of an elector. On proceeding to the election, Mr. Theophilus Eaton re- peived the united suffrages of the freemen for the office of governor, ai&d with him were joined four magistrates, or deputies, with a public notary and marshal—these several officers constituting, for the time being, the entire civil go- * The fundamental articles agreed upon at Newman’s barn, were subscribed at the time by b*3 persons, and soon after by 48 others. The list of planters and their families, in 1643, shows a total of 419 souls.THEOPHILUS EATON* 479 vernment of the colony. To provide for future elections, it was decreed, that there should be a. general court held an- nually in October, at which all the officers of the colony should be ■ chosen ; and it was further decreed “ that the Word of God should be the only rule for ordering the affairs of government in the commonwealth.”* “ Thus New Haven made the Bible its statute-book, and the elect its freemep.”f This was the first, organization of civil government in the colony of New Haven. The proceedings are remarkable for their simplicity. The fifth article of this Constitution, which limits the right of voting, and of holding public office,, to church members, was a test not required in the elder ■ colony of Connecticut, and it met with some opposition, as has already been mentioned, from the Re v. Samuel Eaton, /brother of the Governor, but the objections were finally withdrawn, and “it was adopted with one consent.” It was obviously a favorite measure with Gov. Eaton and Mr. Davenport. The same regulation had before been adopted in Massachusetts; and it was, in fact, simply adopting the principle of the English law, repealed within a few years only, by which, receiving the sacrament in the Established Church, was a necessary qualification to hold- ing any office under Government. J It was, in fact, only carrying out a principle, at this very hour in force in some of the States, which declares those who are not of the protestant religion ineligible to public office.§ It does not appear that any laws were enacted by the authorities of New Haven, until the colony had been en- larged by the admission of other towns. In the course of five years, settlements had been made at Milford, Guilford, Branford and Stamford, and at Southhold on Long Island. These towns, though at first exercising each a separate government, the two first strictly after the model of New Haven, were finally united with the latter under one juris- diction. In 1643, the New Haven records show the govern- ment of the colony to have been fully organized. Courts were established, and the mode of electing the deputies, and magistrates* or assistants, and their powers, were defined. The general court of the colony consisted of two branches, both chosen by the people. One, the representatives or de- puties of the towns, elected twice. a year; the other, the magistrates, consisting of the governor, deputy governor, * Trumbull, i. 104—107. + Bancroft, i. 404. I Kingsley, 25. § See Art. 14, Part II. Const. N. H.480 MEMOIR OP and assistants, or magistrates from each town chosen an- nually. The concurrence of these two bodies made a pub- lic act or law. The supreme administration, both civil and military, was with the governor and deputy governor; the judiciary, with the governor and magistrates. The governor presided in all courts, from the general court for the jurisdiction down to the town-meeting for New Haverb* " The course of legal proceedings,” says Kingsley, " was peculiar; especially as the courts conducted all trials with- out a jury. We are told by Hubbard, that this exclusion of juries was a measure urged by Gov. Eaton. It is pro- bable that this gentleman, during his residence in the north of Europe, where the institution of juries is unknown, formed a favorable opinion of the courts of those countries, and wished to conform the courts of the new settlement to his favorite model. Legal proceedings were almost entire- ly free from forms and technicalities; the parties told their own stories, with very little check from the court; intro- duced such evidence for the most part, as they pleased ; ar- gued with the judges ; and decisions were given according to what appeared to be the equity of the case.”f In April, 1644, the following act was passed by the gen- eral court, for the government of the jurisdiction : " It is ordered that the Judicial Lawes of God as they were delivered by Moses, ande as they are a fence to the m or all lawes, being neither typicall nor ceremoniall, nor had any reference to Canaan, shall be accounted ofr moral equity, ande generally binde all offenders, ande be a rule to all the courts in this jurisdiction in their proceedings against offenders till they be branched out into particulars here- after.” Thus it appears that the Mosaic law was the only code recognized in the early periods of the colony. Eleven years afterwards, in 1655, the plantations finding it necessary that the laws of Moses should “ be branched out into par- ticulars,” to render them more applicable to their condition, the general court requested Governor Eaton to prepare a code of laws for the jurisdiction. For his assistance in its compilation, he was directed to consult the Massachusetts code, and the Rev. Mr. Cotton’s Discourse on " Civil Gow ernment in a New Plantation.”:): 1 * Bacon, 357. t Kingsley, 33, 34. t Mather says—“ There is likewise published A Discourse about Civil Gov- ernment in a New Plantation, whose design is religion: in the title pageTHEOPHILUS EATON, 481 The instructions to Governor Eaton to consult the Mas- sachusetts code, seem to have been literally followed. He copied a large portion of their code of 1649, particularly the fifteen capital laws,-which, he adopted word for word, with the same scriptural references. The first law estab- lishing free schools in America was passed by Massachu- setts, 27th of October, 1647, and commenced with a pream- ble, which has often been cited as characteristic of the early settlers of New England. This was copied verbatim in Mr.'Eaton’s code, j* The new code, drawn up by Governor Eaton, with the assistance of the Rev. Mr. Davenport, was in due time pre- sented, and having first been submitted to the examination of the elders, and received their approval, was adopted by the general court. They ordered its publication, but there was at this time no printing press in the colony. The manuscript was therefore sent to England, to be printed under the superintendence of Governor Hopkins, of Con- necticut, who was at that time in London. All this was done so expeditiously, that at the court holden at New Ha- ven, on the 5th of June, 1656, the Governor informed them that the printed copies had been received, and they were by order distributed among the towns J Gov. Eaton’s code of laws, and the decisions of the New Haven magistrates, have often been made the subject of reproach and ridicule. Grave churchmen and ribald wits have here joined hands; and many a one who perhaps be- lieves in nothing else, most firmly believes in the “ Blue Laws ’’ Why the epithet blue was given to the New Ha- ven code, has been a matter of,question. By some, they are said to have been called blue, because they were san- guinary; by others, the term is supposed to refer to the austerity of a particular sect—as in Butler’s description— “ For his religion, it was fit " To match his learning and his wit; “ ’Twas Presbyterian true blue ” whereof the name of Mr. Cotton is, by mistake, put for that of Mr. Davenport.” Magnalia, b. iii. 46. In a copy of this Discourse, printed in 1663, by Green & Johnson, at Cambridge, which I have seen, is a MS. note, in the handwriting of Davenport, which conclusively proves him to have been the author. t See an interesting paper by Hon. F. C. Gray, on the Early Laws of Massa- chusetts, in III Mass. Hist. Col., viii. 191-237. t A copy of the printed laws procured by Gov. Hopkins, is preserved in the Library of the Amer. Antiq. Society.482 MEMOIR OF Bartlett, in his Dictionary of Americanisms, says the term “blue” was applied [in England] especially to the Presby- terians, to denote their severe and mortified appearance. Thus, beneath an old portrait of the seventeenth century, in the Woodburn Gallery, is the following inscription i J “A true blue Priest, a Linsey Woolsey Brother, “ One legg a pulpit holds, a tub the other; “ An orthodox, grave, moderate Presbyterian, “ Half surplice-cloake, half Priest, half Puritan.” The epithet “ blue,” v^as probably applied in this country even more extensively than in England, in ridicule of the institutions of the puritans ; and was employed particularly to characterize the laws as over strict, and whimsical.* But another and perhaps sufficient explanation is found in the simple traditionary fact, that the original pamphlet laws were stitched in blue paper covers—and hence the name. It is a singular fact, that while the laws of New Haven ■ were less sanguinary than those of the other4 colonies* the popular belief has assigned to that colony the bad pre-emi- nence. They were rigid, it is true, and wrere enforced by unflinching and faithful magistrates; but the honest in- quirer will look in vain for the fabled Blue Laws, except in the spiteful story of a refugee parson, who, in 1774, foresee- ing from the signs of the times that he might possibly be visited by a revolutionary mob With a penalty not provided for, even in the Blue Laws, prudently retired to England. He employed himself in London, whilst the wrar lasted, in reviling the colonists, more especially, in a spirit of retalia- tion, misrepresenting persons and events in his native state; In 1781; he published his history of Connecticut, filled with extravagances and falsehoods so gross, that no one thought of contradicting them Trumbull did not deem them worth his notice ;—and yet, uncontradicted, this book has created far and wide an impression as unfavorable to the Puritan settlers of Connecticut, as has Diedrich’s fanci- ful history to the character of the honest Knickerbockers of New York.f It is proper here to advert to the long and troublesome controversy between the English colony at New Hayen an