law with
questions of ethics, and great laxity in the admission and estimation of
evidence. As early as 1639 people had begun to complain that too much
power was rested in the discretion of the magistrate, and they clamoured
for a code of laws; but as Winthrop says, the magistrates and ministers
were "not very forward in this matter," for they preferred to supplement
the common law of England by decisions based on the Old Testament rather
than by a body of statutes. It was not until 1649, after a persistent
struggle, that the deputies won a decisive victory over the assistants
and secured for Massachusetts a definite code of laws. In the New Haven
colony similar theocratic notions led the settlers to dispense with
trial by jury because they could find no precedent for it in the laws of
Moses. Here, as in Massachusetts, the inquisitorial administration of
justice combined with partial disfranchisement to awaken discontent, and
it was partly for this reason that New Haven fell so easily under the
sway of Connecticut. [Sidenote: Inquisitorial administration of justice]

In Massachusetts after 1650 the opinion rapidly gained ground that all
baptized persons of upright and decorous lives ought to be considered,
for practical purposes, as members of the church, and therefore entitled
to the exercise of political rights, even though unqualified for
participation in the Lord's Supper. This theory of church-membership,
based on what was at that time stigmatized as the "Halfway Covenant,"
aroused intense opposition. It was the great question of the day. In
1657 a council was held in Boston, which approved the principle of the
Halfway Covenant; and as this decision was far from satisfying the
churches, a synod of all the clergymen in Massachusetts was held five
years later, to reconsider the great question. The decision of the synod
substantially confirmed the decision of the council, but there were some
dissenting voices. Foremost among the dissenters, who wished to retain
the old theocratic regime in all its strictness, was Charles Chauncey,
the president of Harvard College, and Increase Mather agreed with him
at the time, though he afterward saw reason to change his opinion, and
published two tracts in favour of the Halfway Covenant. Most bitter of
all toward the new theory of church-membership was, naturally enough,
Mr. Davenport of New Haven. [Sidenote: The "Halfway Covenant"]

This burning question was the source of angry c