Page:American Historical Review vol. 6.djvu/722

 712 A. E. Mc Kinky ance could not be had where Puritan asceticism and Calvinist HteraHsm were lacking. We have already seen that the Puritanic legislation of New England was set aside by Nicholls. A single sentence expressed his care for the Sabbath : "Sundays are not to be prophaned by Travellers Labourers or vicious Persons." The Duke's Laws, indeed, had some positive provisions concerning re- ligion, such as for the erection of a church accommodating two hundred persons in each parish, the induction of ministers into office by the governor, and the collection of tithes. But the essen- tial change made by Nicholls was the legalization of all Protestant sects and the substitution of such toleration for the compulsory re- ligious uniformity of the Puritan codes. Another Dutch custom introduced by Nicholls was the practice of plural nomination and partial retirement in public offices. This was a matter much more peculiarly Dutch than was religious toleration, and much less strongly demanded by local conditions ; and yet it was applied by the new governor in a number of instances. It has already been noted that Nicholls was ready to adopt this system in New York City,' and his liking for it is shown also in the Duke's Laws. The system of partial retirement, unused in New England, had been customary in New Netherland, although the method was by no means a rigid one." The Duke's Laws provided for eight over- seers (= selectmen) in each town, four of whom should retire each year. From among the retiring four overseers, there should be chosen annually one to hold the office of constable during the en- suing year. This again savored of the Dutch custom, for the towns, both of old and New Netherland, were accustomed to call upon the " old magistrates," as they were named, for advice and assistance to the new. The plan of Nicholls was an improvement upon this system, for it gave to the voters the right of choosing the best one of the four experienced retiring overseers to serve them in the most important town office. Dutch influence was seen also in the manner in which the two churchwardens in each parish were selected by the constable and eight overseers from their own num- ber.^ It is noticeable again in the selection of jurors from among ' See ante, p. 700. ^See N. y. Col. Doc, XIV. 314, 344, 412, 473, etc. The Dutch principle is well expressed in the following words : " It is customary in our Fatherland and other well- regulated governments, that annually some change take place in the magistracy, so that some new ones are appointed, and some are continued to inform the newly appointed." N. Y. Col. Doc, XIII. 196. 3 This was soon changed, however, and church affairs placed in the hands of the whole board of constable and overseers, A^. Y. Col. Laws, I. 7S. This method of choosing churchwardens is similar to that of Virginia, where the vestrymen chose the churchwardens from their own number.