Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/130

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HISTORY OF THE COLONIES.
[BOOK I.

common law rules of decents were adhered to in its policy with singular zeal down to the year 1770, as necessary to prevent the destruction of family estates, while the neighbouring colonies adopted a rule, dividing the inheritance among all the children.[1]

§ 102. One of the most memorable circumstances in the history of New-England is the early formation and establishment of a confederation of the colonies for amity, offence, and defence, and mutual advice and assistance. The project was agitated as early as 1637; but difficulties having occurred, the articles of union were not finally adopted until 1643.[2] In the month of May of that year the colonies of Massachusetts, Connecticut, New-Haven, and Plymouth formed a confederacy by the name of the United Colonies of New-England, and entered into a perpetual league of friendship and amity for offence and defence and mutual advice and succour. The charges of all wars, offensive and defensive, were to be borne in common and according to an apportionment provided for in the articles; and in case of invasion of any colony the others were to furnish a certain proportion of armed men for its assistance.[3] Commissioners appointed by each colony were to meet and determine all affairs of war and peace, leagues, aids, charges, &c. and to frame and establish agreements and orders for other general interests. This union, so important and necessary for mutual defence and assistance during the troubles, which then agitated the parent country, was not objected to by King Charles the Second on his restoration;
  1. Gardner v. Collins, 2 Peters's Sup. Rep. 58.
  2. 1 Holmes's Annals, 269, 270; 1 Winthrop's Jour. 237, 284.
  3. 2 Haz. Coll. 1 to 6; 2 Winthrop's Jour. 101 to 106; 1 Hutch. Hist. 124, 126.