At first it led to the departure of the men who founded Connecticut, and thereafter the way was certainly open for those who preferred the Connecticut policy to go where it prevailed. Some such segregation was no doubt effected, but it could not be complete and thorough. Men who preferred Boston without the franchise to Hartford with it would remain in Massachusetts; and thus the elder colony soon came to possess a discontented class of people, always ready to join hand in glove with dissenters or mischief-makers, or even with emissaries of the crown. It afforded a suggestive commentary upon all attempts to suppress human nature by depriving it of a share in political life; instead of keeping it inside where you can try conclusions with it fairly, you thrust it out to plot mischief in the dark. Within twenty years from the founding of Boston the disfranchisement of such citizens as could not participate in church-communion had begun to be regarded as a serious political grievance. These men were obliged to pay taxes and were liable to be called upon for military service against the Indians; and they naturally felt that they ought to have a voice in the management of public affairs. [Sidenote: It was a source of political discontent]
Besides this fundamental ground of complaint, there were derivative grievances. Under the influence of the clergy justice was administered in somewhat inquisitorial fashion, there was an uncertainty as to just what the law was, a strong disposition to confuse questions of 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]