The Puritan in Holland, England and America. An introduction to American history

Introduction

TO AMERICAN HISTORY BY- DOUGLAS CAMPBELL, A.M., LL.B, MEMBER OF THE AMERICAN HISTORICAL ASSOCIATION IN TWO VOLUMES Vol. I. LONDON JAMES R. OSGOOD, McILVAINE & C O. 45 ALBEMARLE STREET Copyright, 1892, by Douglas Campbell. All rights reserved. Printed at New Fork, U. S. A. CONTENTS OF THE FIRST VOLUME

Preface

PAGE Reasons for writing another book about the Puritans. . .. xxiii Investigations among early New York records xxiv New England institutions found in New York when a Dutch colony xxiv Holland must have been a common source, as they did not come from England xxv Search for others. — Puritanism as a political force began in Holland xxvi The war with Spain a Puritan war. — Great number of Englishmen in the Netherlands xxviii Influence on England overlooked by English historians. . xxix Influence on America more marked, but equally overlooked xxx Incompleteness of American history, and its causes. — Written only from English standpoint. — English selfappreciation xxxi Another cause. — Scientific historical investigation of very modern growth xxxiii All histories being rewritten xxxiv Dangers of early writers in Europe xxxv Until a recent date, government archives closed to the public xxxvi Difficulties in the way of their examination in England, CONTENTS page Little attention paid to foreign history when American history first written xxxix Results of modern investigation xl Early American history where Bancroft left it fifty years ago xli History of English Puritanism unintelligible as usually written, and why xli Neglect of the influence of the Netherland Republic .... xliii When America settled, Holland, in general civilization, led the world by about two centuries xlv New England Puritans misrepresented in history xlvi Modes of meeting charges against them xlvii English, and not Puritan, defects of character exhibited in America xlix The whole truth regarding English civilization the vindication of the New England Puritans 1 Scope of this work 3i

INTRODUCTION.

THE PEOPLE AND INSTITUTIONS OF THE UNITED STATES Assumption of most writers that the people of the United States are an English race with English institutions .... 1 Effects on American history 2 How this idea has been developed 3 Ignorance of Englishmen regarding America 5 For Americans no such excuse 6 American people always cosmopolitan. — Some of their leading men in colonial days 7 Middle colonies at time of Revolution. — Half of population not English 9 Leading institutions of United States not of English orifin. 11 Influence of institutions upon national character 11 No State Church as in England. — Its importance there. . . 12 Its abolition in the United States 15 Principle of civil equality underlying American system. — Its derivation CONTENTS V PAGE The written Constitution of the United States and England's unwritten Constitution 17 The President, Senate, House of Representatives, and Supreme Court. — Not English 19 How regarded by English statesmen 20 The state constitutions more important as showing the growth of American institutions 22 Their development and provisions 23 Distribution of land in England, and its effects. — Primogeniture 25 Obstacles to its alienation. — No recording system 26 Enclosure of English common lands 27 England entering on an era of change 27 Distribution of land in the United States. — Its importance. 29 Popular education in America. — Its early date 30 Popular education in England. — Its recent date 32 Opposition of the governing classes 33 Public libraries in England and America 35 Free high schools and colleges 36 Defects in English university education. — Why American students go to the Continent 38 Rapid progress of American colleges 41 Local self-government. — The English system incomprehensible 42 The American system, township, county, and state 44 Importance of the townships. — The system not English. . . 45 Religious liberty in England and America. — Date of its introduction 47 Freedom of the press. — Date of its introduction 48 The written ballot. — Date of its introduction 51 Eno-lish and American charitable institutions contrasted. . . 54 Prison reforms. — Debt of England to America 55 America's reformatory institutions copied in Europe 57 America's legal system and its origin 59 Opposition of the colonists to English jurisprudence 61 Modern jurisprudence derived from the Roman law CONTENTS VI PAGE The character of this law 64 Influence of ancient Rome on modern society 65 Rome when the civil law took its present form 68 American legal reforms copied by England 70 America's debt to England — language, literature, character, Yankeeisms, etc 72 The theory that the institutions of America were invented by the early settlers 74 America the old world 76 The institutions of America very old; partly Roman, partly Germanic 77 The Netherlands preserved Roman institutions and Germanic ideas of freedom 78 The home of the English race and the instructors of England 79 Causes and effects of England's

prejudice against the Dutch 79 Americans should not share it 82 Importance of Netherland history to the modern student. . 83 The Netherland Republic as contrasted with monarchical and aristocratic England in learning, art, and public morals. . 84 The English have never understood republicans in Holland or America 87 Puritanism and American institutions 88

Chapter I The Netherlands Before The Avar With Spain Tiie Country And

ITS PEOPLE, AGRICULTURE, MANUFACTURES, COM- MERCE, AND ART The Puritan of Holland 90 The country of the Netherlanders a conquest of man 92 The geographical factor in history. — England an illustration 95 Its importance in the Netherlands 96 Influence on the national character 98 The importance of the human factor 100 The early inhabitants of the Netherlands 101 Germans in the North, Celts in the South, the foremost of their races CONTENTS VII PAGE Their characteristics 102 The Hollanders preserved their Germanic spirit 104 Connection with Rome and Italy. — Its influence 105 Contrast between England and the Continent 106 Italy never became barbarian. — The crusades and their results 10S Italians in the Netherlands 110 Development of agriculture. — The Netberlands become the instructors of Europe Ill England's backwardness 112 Development of manufactures and commerce. — They become the manufacturing centre of Europe 113 Originate woollen manufactures 114 Advance in the fourteenth century. — Wealth and luxuryas compared with France and England 115 Outstrip Italy in the commercial race 117 Their architecture, ecclesiastical and secular 118 Their town-halls the -delight of the artist 120 Private dwellings, their furniture, etc. — Comparison with England 120 Painting. — Founders of modern art. — Discover oil-painting 122 Originate portrait and landscape painting 124 Character of Netherland art.—" The beautiful the splendor of the true " 125 Foremost in the mechanical arts, jewelry, tapestry, etc . . . . 126 Wood-engraving their discovery !.... 127 Printing from blocks 128 Printing from type its natural sequence 128 Music. — Furnished music and musicians to Europe for two centuries 129

Chapter II The Netherlands Before The War Avith Spain The Guilds, The

TOWNS, THE STATE, EDUCATION, RELIGION, AND MORALS Contrast between Puritanism in the Netherlands and in England, and causes of difference CONTENTS VIII PAGE Condition of the Netherlands at the abdication of Charles V., 1555 134 Seventeen separate states, each with its individual government. — Their population 135 Holland and the herring fishery 136 The towns of the Netherlands, a survival of Roman institutions. — Citadels of freedom 137 Bruges and its origin. — A modern town 139 The guilds, partly Roman and partly German 140 Their organization and government. — Minor republics. . . . 142 Spirit of equality in guilds 144 Albert Diirer and the Painters' Guild of Antwerp 145 The Netherland towns, their charters and form of government 147 Antwerp a type of the larger towns 148 Town government in Holland 150 The rural districts. — Serfdom abolished. — Condition of the peasants 151 The organization of the State, and State government. — No taxation without consent 152 First meeting of the States-General, 1477 154 The Magna Charta of Holland. — Its provisions 155 Freedom of trade and commerce 156 Education. — Organization of the " Brethren of the Life in Common," 1400 158 Their numerous schools, and their influence on education. 159 Scholars in the Netherlands. — Erasmus, Vesalius, St. Aldegonde, etc 160 Phenomenal education of the masses 161 The Reformation in the Netherlands. — Heresy an old story 162 Early editions of the Bible in the common tongue. — More generally read than in any other country 163 The Reformation begins at the bottom among the common people. — Its exceptional character 164 Victims of the Inquisition greater in number than in all the rest of Europe 166 Protestant sects in the Netherlands. — Lutherans, Calvinists, and Anabaptists CONTENTS IX PAGE Religion and morality not necessarily allied in Europe in the fifteenth, sixteenth, and seventeenth centuries 168 This severance not confined to the Catholics 169 Holland a moral country, and so the bulwark of Protestantism 1 70 Private and public integrity 171 High position of her women 172

Chapter III Revolution In The Netherlands

(1655-1574) Why revolution did not come earlier. — Philip II. contrasted with his father, Charles V 173 Eleven years of misrule and Inquisition 174 Origin of the " Beggars," 1566 175 The Iconoclasts 176 Philip II. and his chief adviser, the Duke of Alva 177 Bright prospects for Spain a century before 178 How her liberty was destroyed 179 Disastrous effects of discovery of America on Spanish character 1 80 Ruin of national prosperity. — Military greatness 181 Alva a typical Spanish soldier of the time. — His arrival in the Netherlands, 1567 182 The Council of Blood 183 Exodus of Netherlanders to England 184 William of Orange 185 His undisciplined armies defeated by Alva 186 The " Beggars of the Sea." — Elizabeth's seizure of Philip's money 188 Alva's financial difficulties. — His proposed tax and its effects 189 Suspension of business, and Alva's plan for its renewal. . . 192 Capture of Brill by the " Beggars," 1572 193 General uprising in the northern provinces 195 Reorganization of the government by a popular vote 197 Bright prospects for the future, 1572 198 France friendly — deliverance at hand CONTENTS X PAGE Massacre of St. Bartholomew, its causes and disastrous results in the Netherlands.— Elizabeth's connection with it 201 Cuts off all hopes of French assistance 203 Holland left to fight alone 203 Reliance of William of Orange on Providence. — Basis of Puritanism 204 Position of Holland, and character of the war 205 The siege of Harlem, 1573 206 Its surrender. — Cold-blooded butchery of garrison and inhabitants. — Great loss of Spaniards 209 Spaniards repulsed from Alkmaar. — Refuse to assault the works. — The country flooded 211 Alva recalled to Spain. — His work a failure. — Succeeded by Requesens 212 Siege of Leyden begun, 1574. — Successes of the patriots. . 213 Rejection of proposed amnesty on condition of giving up the religious question 215 Leyden saved by cutting its dikes. — Heroism of the inhabitants 216 University of Leyden founded, 1575. — Marks an epoch in the history of education 217 Becomes the centre of the learning of Europe 218 Its famous scholars. — Honors accorded to them 219 Contributions of Holland to science 222 Invents the telescope, microscope, pendulum clock, etc. . . . 222 Tolerance of Leyden. — English Dissenters among its pupils 223 University of Franeker. — Instruction free as in Leyden. . . 224 Application of confiscated church property in the Netherlands. — Contrast with England 225 Hospitals and soldiers' homes 226

Chapter IV Revolution In The Netherlands Independence Declared

— ASSASSINATION OF WILLIAM OF ORANGE — RELIGIOUS TOLERATION ESTABLISHED, 157i-1585 The perilous condition of Holland CONTENTS XI PAGE Death of Requesens, 1576 229 Mutiny of Spanish soldiers. — " The Spanish Fury." — They sack Antwerp and other towns 229 All the provinces unite to drive out the invaders 229 Arrival of Don John of Austria 230 His romantic scheme for the conquest of England 231 Assistance for the Netherlanders from England and France 231 Death of Don John 232 Arrival of the Prince of Parma, 1578, a soldier and a diplomatist 233 He wins back the southern provinces. — The North stands firm 233 " The Union of Utrecht " the written constitution of the Netherland Republic, 1579 233 Declaration of Independence, 1581. — Its importance. — Copied by England and America 234 The Duke of Anjou, brother of the French king, proclaimed sovereign 236 Wooing of Elizabeth by Anjou. — Its comical and serious features 236 Anjou accepts the sovereignty of the Netherlands. — His inglorious career and death, 1584 238 Attempts of Philip to bribe William of Orange 240 His assassination, 1584. — The foremost Puritan of the age. 240 Results of his work. — Seven provinces redeemed 241 Difficulties of his task. — Comparison, with Cromwell 242 Religious toleration established. — Its novelty in Europe . . . 243 William denounced at home, but he carries the day 244 lie protects the Anabaptists, who first proclaim religious liberty and separation of Church from State 245 Their doctrines and their treatment in other countries. . . . 246 Origin of religious liberty in the United States. — Its debt to Holland 249 Virginia's Declaration of Rights, 1776 250 New York first establishes religious liberty by constitutional enactment CONTENTS PAGE Influence of Holland in religious matters on the general government of the United States 252 Results of the assassination of William of Orange. — The people have no thought of surrender 254 A republic forced upon the Netherlanders 256 They offer the sovereignty to France. — The " Holy League," formed against Henry of Navarre, prevents its acceptance 257 Spain marching on to universal dominion 259 Protestant England and her queen 260 Thus far Elizabeth had kept out of the religious war upon the Continent. — Her methods no longer practicable .... 261

Chapter V England Before Elizabeth

Obstacles to a correct view of the Elizabethan age in England 262 False glamour of the poet and novelist over an age very backward in many directions 263 Poetry not a fruit, but the flower, of civilization. — Homer and Dante 265 Shakespeare and Bacon produced by the same causes. . . . 266 Bacon not a learned man ; ignorant of science, Latin, etc. . 267 Little appreciation of Shakespeare in England until a recent date 268 The same true of Bacon as a scientist 269 History of England a peculiar one, marked by waves of progress, all due to foreign influences 271 Modern tendencies to exaggerate the Anglo-Saxon influence 273 High civilization under the Romans 275 Its importance to the student of Continental historv 276 Entirely obliterated by the Anglo-Saxons 277 The country becomes again a pagan barbaric land . 278 The Anglo -Saxon barbarians. — "Battles of Kites and Crows " _ 279 The Anglo-Saxons deteriorate, lose their ideas of personal freedom. — The king, the serf, slavery CONTENTS XIII • T-.

PAGE Conversion of England.— Its character and results 282 The Danes and King Alfred 283 Results of six centuries of Anglo-Saxon rule. — English virtues 284 The Norman conquest the great event in English history. . 287 How the Normans obtained their civilization. — Connection with Rome and the East 287 Conquest of England. — Comparison of the Normans with the Saxons 289 They introduce the French language. — English disappears for nearly three hundred years 290 Build the cathedrals, found the universities 291 Study of the Roman civil law begun 292 Debt of England to the Jews. — They introduce the study of the physical sciences. — Roger Bacon 293 The Normans give England her institutions, good aud bad, the feudal system, judiciary, trial by jury, etc 295 Magna Charta. — Its origin and character 296 Organization of the English Parliament 296 Expulsion of the Jews. — Introduction of the Netherland weavers 299 Final absorption of the Normans by the Anglo-Saxons. — Return of the English language. — England rapidly goes down 300 Chaucer stands on the border line. — His song awakens no echo 300 The Hundred Years' War with France. — Disastrous results to England 301 Pestilence. — Abandonment of agriculture. — The sturdy beggars. — Restriction of the suffrage 303 Decline of learning.. — Wyclif and the Lollards 304 The Wars of the Roses still more disastrous in their results 305 Despotism of the Tudors. — Civil liberty trodden underfoot. — Literature and learning almost dead 307 The printing-press in England. — Its paltry results 308 The Oxford res ormers and their small classical acquirements CONTENTS PAGE Advanced scholars on the Continent 310 The Reformation and its evil effects under Henry VIII. . . 312 The movement almost entirely a secular one 313 Still worse under Edward VI 314 Proposition to demolish Westminster Abbey 315 Demoralization of all classes. — Public corruption. — Fraud in manufactures 316 Religious reaction under Bloody Mary. — Tale of the martyrs 317 When Elizabeth ascended the throne, the state of society the worst that had ever been known in the land 319

Chapter VI Elizabethan England Private Life, Education, Religion, And Morals

Changes in England during the last three centuries 320 At accession of Elizabeth little commerce, manufactures, or agriculture. — Largely a pastoral land 321 Revolution of industries produces great demoralization of society 321 Dwellings of the English 322 The Shakespeare house at Stratford 323 The first English theatres 324 Mansion-houses of the gentry 326 Chimneys very rare, also window-glass, beds, carpets, and chairs 326 Great improvements with increase of wealth under Elizabeth 327 The castles of the Earl of Northumberland. — Their accommodations 328 London and its houses 330 Rushes for carpeting. — The queen's palace 331 Forks unknown until 1611. — Table knives introduced, 1563 332 The Englishman's food # 333 Prices of the time 333 Fondness for sweets _ 335 The dress of the Englishman. — Its peculiarities CONTENTS XV PAGE Female attire. — Introduction from the Netherlands of starching and linen underclothing 336 Reverence for the crown. — Its manifestations 337 Popular sports, bear and bull baiting 340 Education. — Exaggerated ideas from a few isolated cases. 341 Elizabeth and her acquirements 342 England far behind the Continent in the classics. — Mathematics and science reprobated. — Experience of Giordano Bruno 343 Reform of the calendar, 1582 345 Not adopted in England till 1752. — Opposition of the people 346 Peers of the realm could not read 348 Ignorance of the middle and lower classes. — Shakespeare's family 349 Retrogression since Norman times 350 Condition of religion 351 The clergymen 352 The bishops 353 Decline of morality. — Its causes 353 Foreign opinions of Englishmen 354 Elizabeth's untruthfulness, bad faith, dishonesty, and profanity. — An example for her people 355 Immorality of her court. — Increases during her reign 357 Morals of the people at large 358 May-day and other festivals. — Their excesses 359 Evil influences of Italy and its literature 360 Earnest men in time will work a revolution 361

Chapter VII Elizabethan England Public Life

— ADMINISTRATION OF JUSTICE — TRADE — TREATMENT OF IRELAND — PIRACY Character of men about the court 363 Corruption in State and Church 365 Administration of justice CONTENTS PAGE Every right trampled underfoot. . . .• 367 Protest from the judges, 1592 368 Pardoning of criminals a regular business among the courtiers and maids of honor 369 Prevalence of crime. — Bands of robbers 370 Adulteration and fraud in manufactures 372 Gambling. — Its curious forms 373 Usury. — Lotteries. — Drinking 374 The English in Ireland. — Their objects 375 Opinion of Lord Burghley as to Irish rebellions 376 Attempt of Earl of Sussex to assassinate Shan O'Neil, 1561. 376 Second attempt with poison 377 Scheme of English worthies for plundering Ireland, 1569. 379 Massacres by Sir Humphrey Gilbert, etc 380 Earl of Essex's breach of hospitality and murder of two hundred Irish, 1573 380 His massacre of six hundred women and children at Rathlin 381 Sussex, Gilbert, and Essex in history 383 English piracy. — Its importance 384 Cabot's voyage. — No effects on English commerce, which was almost wholly in the hands of foreigners 385 Spanish and Portuguese commerce. — Its expansion 386 English shipping. — Its low condition 387 Lord Burghley's scheme for encouraging mariners. — " Piracy detestable and cannot last " 388 It does last, and builds up England's naval greatness 389 Its origin and character 389 Attempts of Spain to keep the peace 390 Englishmen plunder Catholics and Protestants alike 390 Piracy leads to the slave-trade of England 392 African slavery in America _ 393 Attempts of Spanish government to mitigate its evils 394 Voyages of John Hawkins.— The queen his partner 395 Disastrous termination of third voyage. — Fires English heart oq>7 Elizabeth seizes Philip's money.— Results of her action. . .

CONTENTS XVII . PAGE Francis Drake leads a piratical expedition 401 Drake sails around the world, 1580 402 Distribution of his plunder. — Knighted for his piracy .... 403 Burghley, Sussex, and Walsingham refuse to share his spoils. — They desire open war with Spain, which Elizabeth opposes 403 Drake a national hero 404 Growth of the spirit of patriotism. — Hatred of Spain .... 405 English Protestantism. — Influences at work 407

Chapter VIII English Puritanism The Jesuits And The Puritans

1558-1585 Character of English Reformation 408 Compromise disliked by the earnest men of either party. . 409 Religious torpor in England 409 Apathy of English Catholics 410 A sudden awakening 411 Catholic reformers on the Continent produced by the Reformation 411 The Jesuits, their origin and growth 412 Their missionary work 413 Reform the Catholic Church 414 Establish free schools 415 Become the educators and confessors of Catholic Europe.. 416 Not consistent with historic truth to conceal their virtues. 417 Check Protestantism. — Become the bulwark of papacy. . . 417 England a missionary field 418 English missionaries educated at Douay and Rome 419 Their success in England 420 Jesuit mission, 1580. — Campian and Parsons 420 Revival of Catholicism, and its causes 421 The people open to conviction. — Proportion of Protestants to Catholics 423 Crushing out the Catholic revival. — Why it was possible. . 424 English Puritans. — Their place in history 425 CONTENTS XVIII PAGE Opinions of Hume, Hallam, and Macaulay 426 Novelty of Puritan principles in England 429 Growth of Puritanism unexplained by historians 429 Accession of Elizabeth 430 Uncertainty as to the religious future of the nation 431 Why Elizabeth proclaimed Protestantism 432 Action of her first Parliament.— It reconstructs the English Church 433 Vast powers conferred on the queen 434 Return of the English Reformers from the Continent. — Their experiences abroad 435 Inclined to Calvinism, and opposed to forms and ceremonies, and why 436 Their expectations for the future 437

Chapter IX English Puritanism Queen Elizabeth And The Puritans

1558-1585 Elizabeth's religious inclinations 438 Controversy in the Church over the question of ceremonials 439 Name of Puritan comes into existence, 1564 440 Persecution of the Puritans begun, 1565 441 John Foxe and his " Book of Martyrs." — Its great influence 442 Its author a Puritan. — His treatment 444 Persecution of Miles Coverdale, the translator of the Bible into English 445 Suppression of independent congregations, 1567 446 English statesmen opposed to persecuting the Puritans. . . 446 Motives of Elizabeth 447 Her scheme of reconciliation with Rome. — The Puritans its greatest obstacle 449 Her communications to the Spanish ministers 450 She shields the Catholics 451 Corruption in the Church fostered by Elizabeth, and why . 453 Dishonesty of her bishops CONTENTS XIX PAGE How the bishops obtained their offices 455 Elizabeth the great plunderer of the Church 456 Ignorance of the clergy 457 The Puritans favor education. — Discouraged by Elizabeth. 458 The Spanish advisers of Elizabeth warn her against the Puritans 460 Thomas Cartwright advocates Church reforms on Presbyterian lines, 1570 462 Denounces the system of appointing bishops. — The system still in use 463 Expelled from Oxford and flies to the Netherlands 465 Continued persecution of the Puritans 466 Attempt of the bishops to educate the clergy, 1571 467 Suppressed by Elizabeth 468 Anabaptists burned for heresy, 1575 469 Archbishop Grindal suspended for favoring preaching and the education of the clergy 470 Whitgift appointed archbishop, 1583. — His ignorance and narrow-mindedness 470 Elizabeth determines "to root out Puritanism" 471 Whitgift introduces a system which Burghley says is modelled after the Inquisition in Spain 47l Wholesale expulsion of Puritans 473 High Commission Court organized. — Its vast powers 474 The English Inquisition and its results 475 Protests from Privy Council, Catholic and Protestant, unavailing 476 Low state of clergy. — Morality of no account in comparison with conformity 477 The Bishop of London will not remove a conforming clergyman " for the mere fact of adultery " 478 Early Puritanism dying out under continued persecution. .

C0NTENTS XX

Chapter X English Puritanism Influence From The Netherlands

1558-1585 PAGE The influence of the Marian exiles does not explain the religious history of England 481 Decline of Puritanism among the upper classes 483 Results of Elizabeth's persecution 484 How Puritanism came to dwell among the middle classes and the poor unexplained by historians 486 Early emigration from the Netherlands into England 487 The Lollards found where the Netherlanders had settled 488 Under the persecutions of Philip II. the stream becomes a mighty river 488 Number of Netherland refugees in England, and places of their settlement 489 Beginning of the industrial history of modern England. . . 490 The refugees instruct the English in agriculture, manufactures, and commerce 491 Aid in making England Protestant and free 492 Greatest missionary work known to history. — Its peculiar advantages 493 The Netherland settlements the strongholds of English Puritanism 495 Influence in developing a love of civil liberty 495 The places of their settlement the recruiting ground of Cromwell's army, and the homes of the settlers of New England 497 More immediate influence on England 500 Contest with Catholicism as a political power 501 The war in the Netherlands an object-lesson to England. . 501 Fifty thousand Netherland families proclaiming the atrocities of Catholic Spain 502 Effect on England CONTENTS xxj Impressionable nature of the English people 503 English volunteers for the war in the Netherlands 504 Exhibition of ancestral courage .• 505 Catholic uprising in Ireland, 1580 507 Ferocity developed by the Irish wars

PREFACE.

I have attempted in the following pages to trace the origin and development of Buritanism, the greatest moral and political force of modern times, with special reference to its influence on the people and institutions of the United States, my lines of investigation differino widely from those which have heretofore been followed by historians. How the work came to be undertaken is, of course, in itself a matter of no importance. And yet a public, well-nigh surfeited with books about the Puritans and the early settlers of America, may reason ably call upon an author to give, at the outset, some good reason for asking a further share of its attention to an old and apparently threadbare subject. To such a very proper question this preface is intended as an answer. When a law student, more than twenty-five years ago, I began collecting material for a history of the jurispru dence of Colonial New York.

The field was comparatively unexplored, for, as I discovered, most persons supposed that little was left of the old records. Much to my surprise, I found in various quarters a great wealth of matter, and after some years began to arrange the results of my investigations. Then, finding how closely PREFACL XXIV political and legal questions were intertwined in this early history, I concluded to enlarge the scope of my work, so as to show the growth not only of the legal but of the constitutional system of the state. And here I met a series of surprises, for I encountered at every turn traces of institutions and ideas, generally supposed to have been derived from England, or at least to be of New England origin, but which clearly, so far as con cerned New York, were derived from a different quar ter.

Here were free schools, the system of recording deeds and mortgages, lands held in common by the towns — all under the old Dutch rule ; here the doctrine was first laid down by a legislative assembly that the people are the source of political authority ; here were first established permanent religious freedom, the right of petition, and the freedom of the press. On the other hand, here were no executions of witches or Quakers, and no kidnapping and enslavement of the Indians. In comparing this record with that of New England, the points of contrast were no less remarkable than those of resemblance, while all the deductions from such a comparison were opposed to the ideas inculcated by our current histories. From their earliest school-days Amer icans have been told that this nation is a transplanted England, and that we must look to the mother-land as the home of our institutions.

But the men who found ed New York were not Englishmen ; they were Holland ers, Walloons, and Huguenots. The colony was under Dutch law for half a century ; its population was prob ably not half English even at the time of the Kevolu tion; and yet here one finds some of the institutions

PREFACE.

XXV which give America its distinctive character, while, what is more remarkable, no trace of many of these same institutions can be found in England. What was their origin became to me an interesting question. New York, which was first settled, certainly did not derive them from New England, and New England probably did not derive them from New York. Could there have been a common fountain which fed both these streams, the debt to which has never been acknowledged? Of course, the Netherland Republic must have been this fountain, if one existed ; but to prove its existence, and the mode in which its influence was exerted on New England, required an examination far outside the records of New York. Hence a new set of questions arose before me, relating to the character and environment of the men who settled America, especially the Pilgrims who lived so many years in Holland, and the Puritans who flocked there in thousands during the reigns of Elizabeth and the first two Stuarts ; what civilization they had as Englishmen, what they saw and learned among the Dutch, and what they carried back to England and across the Atlantic.