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CANON LAW

by scholastic approval. Since then the Bullarium Benedicti XIV., which contains the constitutions of that pope, has been made of public authority. There is also a collection of papal bulls, called Bullarium Magnum Romanum, made up in 14 volumes, which was published in 1744 and continued in 1840; but it is very imperfect and only a private collection. Anyone who desires to know canon law must learn the Corpus Juris, even though to-day many parts have been changed by the councils of Trent and the Vatican and by new papal decrees. In the Corpus' itself the different portions stand as lex prior and lex posterior, so that in cases of contradiction the latest is preferred. With certain modifications the 'Corpus still has the force of law in matters relating to ecclesiastical judicature, to divine worship, to doctrine and discipline. It is the code still followed in the schools and used in church courts, not only as the source of argument but also as the method of procedure in many cases. The Jus Novissimum in canon law consists of laws published from the time the 'Corpus Juris' was closed, that is, since the Extravagantes were inserted down to the present day, and includes the decrees of the councils of Trent and the Vatican. Except the Bullarium of Benedict XIV., mentioned above, no authentic collection has been made of the various constitutions and laws made by the Roman pontiffs since the close of the Corpus. Still every genuine decretal is part of the canon law. The same may be said of the decisions of certain congregations of cardinals which have the force of law, especially that of the Council which authoritatively interprets the decrees of the Council of Trent. So evident was the need of a revision of canon law that at the ecumenic Vatican Council, held in 1870, proposals were made by a number of bishops to have a committee appointed, consisting of the most eminent canonists, to revise the Corpus Juris or rather prepare a new one, omitting whatever owing to changed times was no longer applicable. Nothing was done before the adjournment of that council, but Pope Pius X. by a motu proprio in the year 1904 appointed a special committee of cardinals, with a number of consultors, and a canonist from each nation, to thoroughly revise not only the Corpus Juris' but all the canon law of the church, that general for the world and that special to the various nations. He himself is president of the committee to which he assigned the following cardinals: Seraphin Vanutelli, Agliardi, Vincent Vanutelli, Satolli, Rampolla, Gotti, Ferrata, Cassetta, Mathieu, Gennari, Cavicchioni, Merry del Val, Steinhuber, Segna, Vives y Tuto, and Cavagnis. Archbishop Gasparri was appointed secretary. At least five years will be consumed in the work, and the code thus established will hereafter be the only authorized canon law of the Latin church.

It will have been noticed that canon law is not traceable to any original code, but is a development founded on the general moral rules laid down in the Scriptures and especially in the New Testament. Neither is the Roman civil law traceable to any code, but is a gathering of principles suggested by good reasoning for promoting the civil interests of its subjects. Compared to the Jewish law, the principle upon which Roman jurisprudence was founded was very different — the former treats

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principally of criminal matters and is most severe in its penalties; the latter on the contrary, treats all questions as civil, and prefers restitution to punishment. When the Roman emperors had been converted to Christianity, in promoting its progress by special constitutions which then became part of the canon law, they necessarily gave to canon law much of the spirit of their civil law. Thus it happens that in the canon, as in the Roman civil law, there was little severity in criminal matters, and many cases which other peoples than the Romans treated as criminal were cognizable by a civil tribunal and an indemnification was effected by damages. Generally no crime was punished capitally, especially where no force or violence was employed. This spirit of leniency is manifest throughout canon law to the present day. During and after the 4th century wherever Roman power conquered the nations and wherever Christian missionaries converted the pagans canon law was introduced through the influence of the pope and the emperor. It permeated and modified the laws of the peoples of northern Europe, as well as those of England to a certain extent. With it necessarily came the principles of Roman civil law. The rules for the application of canon law were as follows: (1) In cases not contained in the civil law, or the rule for which was obscure, open to doubtful interpretation, or not expressly determined, if expressly and clearly resolved by the canon law, this latter formed the basis of the decision; and on the contrary, if the case was not provided for, or ambiguously resolved by canon law, when it was expressly met or its solution more clearly indicated by the civil law, this latter was to be preferred. (2) In cases of conflict, the civil law formed the rule for courts of civil, and the canon in those of ecclesiastical jurisdiction. Thus, when a matter of canon law cognizance arose in the civil courts the decision was given according to the rules of the canon law; and vice versa, when a question of civil cognizance occurred before an ecclesiastical tribunal. (3) Within the imperial states the civil law formed the basis, and the canon law in the papal states. (4) In matters of a feudal nature the civil was preferred to the canon law. (5) In forensic causes the canon is not presumed to differ from the civil law. When the Western empire passed under the rule of a barbarian race the Roman and the canon law were not only preserved, but to a great extent they influenced the legislation of the conquerors. Alaric, Attila, Ricimir did not disturb the outward form of Roman government. In the collection of west Gothic laws, gathered in 672 A.D., there are evident traces of the part which the Roman clergy took in the compilation. The Burgundian laws also show literal excerpts from the Roman law. Roman law is found also in the Bavarian code composed in the 7th century, as well as in the capitularies of the Franks, which commence in the year 560 and are introduced by a literal transcript of a novel of Valentinian. It is noteworthy that the German tribes did not force their laws upon their subjects in those portions of their conquests where the Roman law was acknowledged. It was natural, too, that the churches, as juristical persons, should follow the Roman law, not only on account of its connection with religion and the great degree of favor it manifested toward the Church, bu

CANON LAW

also of the accuracy of its provisions in this respect. Like the law of the Teutonic tribes, that of England is an accumulation of individual laws. While Britain was conquered by Julius Cæsar in 54 B.C., still it was only at the end of the 1st century of the Christian era that Roman manners, arts, architecture, language, and laws were introduced. The Roman law superseded the customary laws of the island and remained in force until the year 455, when Britain became derelict because of the removal of the seat of empire to Constantinople and the impossibility of the emperors defending it against the Picts and Scots. Christianity was introduced into Britain under the Roman dominion and was preached in Scotland and Ireland before the year 430. Roman literature, arts, and law, however, received a sudden check by the Saxons, who, when they invaded Britain, imposed their law upon the conquered people. The Danes subsequently did the same. Still we are informed by the Venerable Bede that Ethelbert, king of Kent, in 613, with the assistance of his wise men, made certain decrees and gave judgments between his subjects in conformity with the principles of Roman and canon law, at least so far as regarded sacrilege, bishops, and the like. Indeed, it is not surprising that the Saxons and Danes, whose codes contained a great admixture of Roman law, should carry the same principles with them into their new settlement in England. Traces of a Roman original may be seen in the laws of Ina, king of the West Saxons, Offa, king of the East Angles, and in the laws published by Canute which were translated into Latin. Thus it happened that, when Edward the Confessor compiled a code out of the materials then at hand, much of the Roman and canon law was inserted and thus became the basis of much of the common law of England and the United States. During the dominion of the Saxons and Danes, those Britons who had fled to Wales were governed by their own princes. Howel Dha, in 940, is said to have assembled his bishops and the more literate among the laity for the purpose of revising the law which was translated into Latin at his command. In the 85th article he approves the Roman rule of two witnesses being sufficient in cases where no specific number is stated, and for holding the testimony of one to be insufficient, except of a woman in cases of rape, of a lord between two tenants, an abbot between two monks, a father between two of his children, a priest in a matter attested in his presence, and a thief turning king's evidence in the place of execution. Most of the Roman laws of this age seem to have been taken from the Theodosian code. Although the foot of the Roman soldier never trod on the bosom of Ireland, nor did a Roman general have a chance to introduce the Roman law, still the principles of canon law were enforced throughout Ireland and Scotland by Saint Patrick in his canons. One of them, translated by the Anglican Bishop Usher, reads: "Wherever any cause that is very difficult and unknown to all the judges of the Scottish nation shall arise, it is rightly to be referred to the see of the archbishop of the Irish (that is, of Saint Patrick) and to the examination of the prelate thereof. But if there, by him and his wise men, a cause of this nature cannot easily be made up, we have decreed it shall be sent to the see Apostolic, that

is, to the chair of the Apostle Peter, which hath authority of the city of Rome."

In 680, at the command of Ethelred, Egfrid, 'king of Northumberland, Aldwulf, king of the East Angles, and Lother, king of Kent, Theodore, at that time archbishop of Canterbury, summoned a synod at Hatfield, in which the canons of the five general councils of Nicæa, Constantinople, Ephesus, Chalcedon, the second of Constantinople, were enforced, together with the Concilia drawn up under Pope Martin at Rome in 648. He also collected in his capitularies the most important points of church discipline. Later he wrote his Book of Penances.' In the latter half of the 8th century, Egbert of York made an extensive collection of canon law from the sources then existing. He also wrote the book 'De Remediis Peccatorum.' In the 8th century a collection was made in Ireland in which the Dionysian collection and Roman, Gallic, and Irish councils are used. King Henry I., in 1100, endeavored to repudiate a number of church laws and ordered that Peter's Pence was to be paid to the king instead of the Pope. Henry II. entered into a controversy over the enforcement of canon law with Thomas à Becket. In 1215, by the Magna Charta, King John confirmed to the prelates and barons of his kingdom the freedom of election of the clergy, and this acted as a general acknowledgment of ecclesiastical rights and liberties. In 1230, Otho, the legate of Pope Gregory IX., held a national synod, and in 1268 Othobon, the legate of Pope Clement IV., held a second, both of which, as Blackstone says, had a great effect on the ecclesiastical jurisprudence of England. Under King Henry III., Boniface, archbishop of Canterbury, enacted several canons which seemed against the existing laws of the realm, and under Stephen an ecclesiastical and a secular party were formed, the latter adhering to the common law as tenaciously as the clergy and nobility did to the canon and civil law. In the parliament of Merton, however, the adherents of the canon and civil law were defeated on the proposition to make legitimatio per subsequens matrimonium legal also in England as it was under canon and civil law. Under Richard II., more than 100 years later, the feud still existed. Anglocanon law was further augmented by the decrees of provincial councils held under the archbishops of Canterbury, from Stephen Langton to Henry Chichiley, which were glossed by William Lindwood, and later enforced also by the archbishops of York. The kings meantime had also enacted many statutes on the relations between secular and ecclesiastical jurisdiction. A statute of Henry VIII. rendered void all canons which were contrary to the law of the realm or hurtful to the royal prerogatives, and provided a commission to revise them. Edward VI. renewed the commission, but the code was not confirmed before his death. Mary repealed all these acts, but Elizabeth revived the first act of Henry VIII. In 1603 some canons were made in the convocation of the province of Canterbury and confirmed by the king but not by Parliament. It is held that, therefore, these bind the clergy in church matters, but not the laity, except in so far as not repugnant to the laws of the realm. By acts of Parliament (26 Henry VIII., 1; 35 Henry VIII., 3; 1 Elizabeth, 1) the king was declared the supreme head of

CANON LAW

the Church, and it became treason (I Ed. VI., 12; 5 Eliz., I) to doubt it or to defend the supremacy of the Pope as head of the Church. These acts and subsequent ones reversed canon law in England, Ireland, and Scotland. Speaking of the courts of the archbishops and bishops of the English Church to-day, Blackstone says: "An appeal lies from all these courts to the sovereign in the last resort, which proves that the jurisdiction exercised in them is derived from the crown of England. It appears beyond a doubt that the civil and canon laws, though admitted in some cases by custom in some courts, are only subordinate and leges sub graviori lege. They are by no means with us a distinct, independent species of law, but are inferior branches of the customary or unwritten laws of England." In Scotland many of the provisions of canon law became the law of the land. During the 16th and 17th centuries canon law was taught in the Scottish universities, and from very early times many of the youths of Scotland attended the schools of the Continent, whence not a few returned as doctors in utroque jure, that is, canon and civil law. The canons of provincial councils, held yearly, and at whose meetings representatives of the king were present, constituted a national canon law which was recognized by the Pope and by Parliament and enforced in the courts of law. Even to this day, though the ecclesiastical system of the country is Presbyterian, the old canon law still prevails to a certain extent. "So deep hath this canon law been rooted," says Lord Stair in his Institutes of the Law of Scotland, "that even where the Pope's authority is rejected yet consideration must be had to these laws, not only as those by which the Church benefices have been erected and ordered, but as likewise containing many equitable and profitable laws which, because of their weighty matter and their once being received, may more fitly be retained than rejected." In two old acts of the Scotch Parliament, made in 1540 and 1551, the canon and Roman law are mentioned as the common law of the country, the clause used being "the common law, baith canon, civil and statutes of the realme." Since the restoration of the Catholic hierarchy in England in 1850, and in Scotland in 1878, the churches under Roman jurisdiction have held various councils and enacted laws to fit the changed conditions. These laws, having been examined by the committee of cardinals in Rome appointed for such purpose, have become, as it were, a national canon law for the Catholics of those countries. In a similar way the Catholics of newly established nations, owing to various reasons, are ruled by a modified canon law which gives the bishops and superiors a very extensive authority. Such is the case at present in Canada, Australia, and the United States. These modifications pertain chiefly to the election of bishops, the appointment and removal of parish clergy, the tenure and administration of church property. The second and third plenary councils of Baltimore contain special modifications for the United States. For Canada a preparatory meeting for a plenary council was held in 1903 under the presidency of the apostolic delegate. For Mexico, West Indies, and South America a council was held in Rome of the bishops of those countries, and its decrees were published

in 1901. Other national modifications of canon law in the course of time have been introduced by concordats made by the Pope with the rulers of Christian nations by which he grants them certain concessions. As a nation Spain enjoys the greatest concessions, France up to the present coming next. The councils held in Gaul in the 4th and following centuries show the beginning of a national canon law for France. The fourth canon of the Council of Arles, convoked by King Clovis in 511, prohibited certain laymen and teachers from receiving holy orders without the king's consent. The Council of Orleans, in 549, shows that at that time the king's consent was necessary for the election of bishops. Many points regarding a special liturgy, the administration of the sacraments, the matter and forms of ecclesiastical trials are to be found in these same early councils. The laws of Dagobert, in 620, show special protection given the Church but also lay the foundation for future subjection; for councils could not be held without consent of the king, and bishops were elected not unfrequently at the dictation of royalty. But the capitularies of Charlemagne and his successors, collected in 825 by the abbot Ansegiso, were very favorable to the Church. Under the third dynasty, especially because of the feudal law, bishops, abbots, and chapters exercised almost complete civil authority over the people in their charge; but the oath of fealty was imposed on the prelates as vassals of the king. On the other hand, the kings took upon themselves the defense and guardianship of the Church, and on the pretext that at the death of the prelate they were the guardians of the vacant see, they performed many acts of ecclesiastical jurisdiction, among which was the administration of the temporalities of the vacant church. This was not done, however, without the assent of the sovereign pontiffs. Herein is found the origin of jus Regalice which later caused such trouble. In the year 1268 a pragmatic sanction was issued by Saint Louis which gave liberty of election of bishops and ordered that the general canon_law should be observed throughout France. However, the genuineness of this law has been seriously questioned. Under Philip the Fair the seeds of absolute independence of the secular from the spiritual authority were sown; and about the same time serious contests arose between clerical and lay judges concerning their jurisdiction. On appeal to the king the clergy won; but the jurisdiction of the Church was gradually lessened, and at this time the appeal "as from abuse" was introduced, that is, a clergyman might appeal to the king from an abuse of the power exercised by a bishop. This was diametrically opposed to general canon law. The great schism of the West brought out the question whether the Pope or an ecumenical council was superior, and the controversy became especially bitter in France. Charles VII. selected certain passages from the Conciliabule of Basle, and in 1438 issued a pragmatic sanction in which the superiority of the council over the pope was declared, and elections both to episcopal sees and in monasteries were to be held after the ancient law of France. Louis XI. suppressed this decree, but it was revived after his death until finally condemned by the Fifth Lateran Council, and changed by

CANON LAW

the concordat made between Leo X. and Francis I. In this concordat many of the dispositions of the pragmatic were preserved; but the concordat differed from the pragmatic in this: that in place of the election of bishops and prelates in case of vacancy the king was given the right to present to the sovereign pontiff, within six months, a doctor or licentiate in theology who should be at least 27 years of age and otherwise competent. The pontiff would grant institution. The parliament, after a long contest, agreed to the execution of this concordat. Herein is seen the beginning of the system of government nomination of bishops, concerning which, in 1903-4, the Pope and the French government were at variance. In the 16th century the government long opposed the publication of the decrees of the Council of Trent, but finally, without mentioning the source, the chief decrees, word for word, were published in 1579 by royal order. In 1681 the Gallican clergy, at the instance of the government, met in extraordinary convention and adopted a declaration favoring the extension of the Regalia to all France. This was repudiated by Pope Innocent XI. The next year the Gallican clergy adopted four propositions in which they attacked the Holy See in administrating temporal matters, and declared that the judgment of the Pope on a matter of faith was not irreformable except when the consent of the Church had been added. The king ordered the observance of this declaration, but it was condemned by Alexander VIII. Later, King Louis XIV. wrote the Pope that he had ordered that the decree should not be observed. Nevertheless, the Regalia was observed up to 1789 throughout all France, and the government continued taking the revenues of all vacant bishoprics and appointing to benefices during the interregnum. In an edict of 1695 a code of ecclesiastical law as observed in France was enacted, and in it was the appeal "as from an abuse," that is, from the ecclesiastical to the civil authorities. The national convention in 1790 passed a civil constitution for the clergy by which dioceses and parishes were suppressed and the Church made subject to the state. In 1801 Napoleon, as first consul, and Pope Pius VII. made a concordat in which the Catholic Church was acknowledged as the state Church, and by which new limits were assigned to dioceses and parishes, and by which especially the right of nominating bishops was given to the ruler of France. To the nominees the Pope would grant institution. Various other regulations were made, and the French government took apon itself the support of the bishops and par1sh priests in place of restoring the immense church properties which had been confiscated. During the year 1904 a great agitation occurred for the suppression of this concordat because of controversies over some bishops held delinquent and suspended by the Pope. With the abrogation of the concordat the state will not longer support the clergy, nor can it nominate to bishoprics. During the 19th century the liturgical worship of the Church in France was made conformable to that of Rome, and other matters of discipline were brought under general canon law.

Undoubtedly canon law has exerted a wide and lasting influence on the nations of Europe and America. It made them Christian states

and directly or indirectly modified their constitutions. State legislative assemblies based their proceedings on the methods of Church councils. The law of nations is simply the application to nations of the principles of Christian law taught to individuals. The ancient Romans as well as barbarous tribes considered all foreigners enemies; the Church taught the brotherhood of all men. The Pope, as the common father of all Christians, acted as arbitrator in the disputes between nations, and so noteworthy became the Roman Rota, to which the Pope referred international disputes, that at times much of its work was deciding important questions for rulers of nations. The system of Church administration served as a model for that of states, and the clergy, especially in the earlier and Middle Ages, being the educated class and following canon law, naturally introduced many of its rules into everyday life. The elevated condition of woman is due to the canon law prescriptions regarding marriage, which the Church enforced on all nations converted to Christianity. Questions relating to widows and orphans were within the jurisdiction of canon law and Church courts. The incorporation of Church bodies, from which other corporations took their origin, had its foundation in the law of Justinian and was imported into England with the civil and canon law. As in the Roman law, the charter of the sovereign is always expressed, or at least implied. From England the idea of corporation and corporation sole came into American law. The writ of habeas corpus had its origin in the Roman law "interdictum de libero homine exhibendo." Inheritance by will and the rule for the descent of real property came from Roman law, while trial by jury, with challenges of the jurymen, was determined in the Roman Lex Servilia and Lex Cornelia. While in England "Christianity is part of the law of the land," in the United States this "is true only in a qualified sense" (33 Barber 548), and owing only to "the fact that it is a Christian country and that its constitution and laws are made by a Christian people" (23 Ohio St. 211). Nevertheless "the decision of ecclesiastical courts or officers having, by the rules or laws of the bodies to which they belong, jurisdiction of such questions, or the right to decide them, will be held conclusive in all courts of civil administration, and no question involved in such decisions will be revised or reviewed in the civil courts, except those pertaining to the jurisdiction of such courts or officers to determine such questions according to the laws or usage of the bodies which they represent." (Quoted with approval in 98 Penn. 213.) "Civil courts will not review the action of ecclesiastical tribunals except where rights of property are involved» (62 Iowa 567; 23 Ill. 456). Justice Strong, in 'Relations of Civil Law to Church Policy, concludes: "I think it may be safely asserted, as a general proposition, that whenever questions of discipline, of faith, of church rule, of membership, or of office have been decided by the Church in its own modes of decision, civil law tribunals accept the decisions as final and apply them as made." See also LAW; CATHOLIC CHURCH, ROMAN. P. A. BAART, S.T.L., LL.D., Author of Church and State in the United States of America, The Roman Court, Legal Formulary, Tenure of Church Property in the United States. etc.

CANON OF THE MASS-CANONICUS

Canon of the Mass, that part of the mass following the sanctus. The rule of the Roman Catholic Church for celebrating the Eucharist is contained in this canon.

Canon of Scripture. See CANON; BIBLE.

Can'oness. At the close of the 8th century the title of canoness was given to a class of women who took the vows of chastity and obedience, but not that of poverty, and were not cloistered, though they had a common table and dormitory, and were bound to the recitation of the breviary, as were nuns. They derived their name from their being enrolled in the canon or official list of the church. Their occupations were chiefly education of girls, transcription and embellishment of church office-books, and embroidery of vestments. The advantages of such institutions as asylums in a rough age were soon visible, and they multiplied in consequence, but as in many houses the religious motive had little to do with entrance, a distinction was drawn ere long between canonesses regular and secular. The secular canonesses were for the most part members of princely or noble families, practised much state and luxury, and retained none of the rule save the common dormitory and the recitation of the Hours in choir. In Germany, several abbesses of canonesses were princesses of the empire, kept up feudal state, and furnished contingents to the imperial army from their vassals and at the Reformation some chapters adopted the new opinions, and subsist to the present day as Protestant foundations, enjoying the revenues, and admitting to membership only ladies of noble birth or daughters of distinguished members of the military and civil services, whose sole obligation is celibacy during membership. The institute never spread beyond the limits of the empire, and the non-German houses were chiefly in Hainault, Flanders, and Lorraine.

Can'ongate, The, the principal street in the Old Town of Edinburgh. It is upward of one mile in length, rising gradually with a regular and steep incline from a small plain at the east end of the town, on which stands the palace of Holyrood, and terminating at the castle. The appearance of this street, the scene of many interesting historical incidents, is rendered remarkable by the loftiness and antique aspect of the houses with which it is lined, most of them ranging from five to seven stories in front, and often more behind. At different points it is known by other names, High Street, Lawnmarket, etc.

Canon'ical Books, the books of Scripture belonging to the canon. See CANON BIBLE.

Canonical Hours, certain times of the day set apart by ecclesiastical law in the Roman Catholic Church to the offices of prayer and devotion, namely, matins with lauds, prime, tierce, sext, nones, even-song or vespers, and compline. The day was divided into seven parts and the observance of the canonical hours was as follows: prime, tierce, sext and nones at the first, third, sixth and ninth hours of the day, counting from six in the morning: vespers at the eleventh hour, compline at midnight and matins shortly after midnight. These times are no longer strictly adhered to. In England the

canonical hours are from eight to twelve in the forenoon, before or after which the marriage service cannot be legally performed in any parish church.

Canonicals, the prescribed dress or vestments worn by the clergy of the Roman Catholic, Protestant Episcopal, and other churches when officiating at religious services. The wearing of vestments is of ancient origin. In all the pagan religions the priests wear symbolic garments, and in the Jewish system the priestly robes were very elaborate and significant. The modern Jewish system retains these ecclesiastical vestments and the ministers of many Protestant denominations wear such attire. See CHASUBLE; STOLE, etc.

Canon'icus, Indian chief: b. about 1565; d. 4 June 1647. When the Pilgrims landed, he and his nephew Miantonomo (q.v.) were associate sachems of the fierce Narragansetts, mustering some 3,000 warriors. In the winter of 1621-2 he sent to the little colony, with about 50 fighting men, a bundle of arrows bound with a snakeskin, either as a preliminary of war or a demand of gifts to avert it. They returned the skin stuffed with powder and ball, and the frightened savages did not dare keep it, but saw that it got back to the colony. A lasting treaty was negotiated, and it was partly owing to the influence of Canonicus that the tribe never made war against the English, even many years after his death, till "King Philip's War" of 1675. In 1636 the septuagenarian chief was succeeded as head sachem by Miantonomo, but still retained the prestige of age and experience. In that year Roger Williams and his company, who had first sought refuge from the Massachusetts authorities among the Pokanokets, thought it best to go farther, and applied to the Narragansetts. They were kindly received, and to them was granted the peninsula where Frovidence stands. According to Williams, Canonicus was always most friendly and helpful till his death. In 1637 the Pequots of Indian league to exterminate the English setConnecticut were attempting to form a general tlements, and the Massachusetts government sent an embassy to prevent the Narragansetts from joining it. Canonicus received them with great Indian pomp in his wigwam of poles and mats, surrounded by his "mugwumps" and leading warriors, gave them a feast with boiled chestnuts and huckleberry Indian pudding for dessert; and probably more from kind regard for Williams than through the embassy's persuasions-kept the peace, and even furnished a couple of hundred warriors to help the English. These allies, however, played the usual ambiguous Indian part, ready to massacre the beaten side. In 1644 the Gorton (q.v.) party succeeded in persuading the chiefs that it was under the protection of irresistible powers in England; and on 9 April Canonicus, his son Mixan, and his nephew Pessacus, brother and successor of Miantonimo, signed two astonishing documents, of whose purport it is very unlikely that they had been correctly informed. them ceded the land and people of the Narragansetts to his Majesty of Great Britain, placing the Indians themselves under his protection, and appointing Gorton and three others their attor neys to carry the instrument to him. The other, addressed to the Massachusetts authorities, was

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