"Gorton had carried his complaints to the Mother Country; and, though unaided by personal influence or by powerful friends, had succeeded in all his wishes. At this very juncture an order respecting his claims arrived in Boston; and was couched in terms which involved an assertion of the right of Parliament to reverse the decisions and control the Government of Massachusetts. The danger was imminent; it struck at the very life and foundation of the rising Commonwealth. Had the Long Parliament succeeded in revoking the patent of Massachusetts, the Stuarts, on their restoration, would have found not one chartered government in the colonies; and the tenor of American history would have been changed. The people[89] rallied with great unanimity in support of their magistrates.

"At length the General Court assembled for the discussion of the usurpations of Parliament and the dangers from domestic treachery. The elders [ministers] did not fail to attend in the gloomy season. One faithless deputy was desired to withdraw; and then, with closed doors, that the consultation might remain in the breast of the Court, the nature of the relation with England was made the subject of debate. After much deliberation it was agreed that Massachusetts owed the same allegiance to England as the free Hanse Towns had rendered to the Empire; as Normandy, when its dukes were kings in England, had paid to the monarchs of France. It was also resolved not to accept a new Charter from Parliament, for that would imply a surrender of the old. Besides, Parliament granted none but by way of ordinance, and always made for itself an express preservation of a supreme power in all things. The elders (ministers), after a day's consultation, confirmed the decisions.

"The colony proceeded to exercise the independence which it claimed. The General Court replied to the petition in a State paper, written with great moderation; and the disturbers of the public security were summoned into its presence. Robert Child and his companions appealed to the Commissioners in England. The appeal was not admitted." "To the Parliament of England the Legislature remonstrated with the noblest frankness against any assertion of permanent authority of that body."—Hist. U.S., Vol. I., pp. 475-477.]

[Footnote 89: By the "people" here Mr. Bancroft must mean the members of the Congregational Churches (one-sixth of the whole population), for they alone were freemen, and had all the united powers of the franchise—the sword, the legislation—in a word, the whole civil, judicial, ecclesiastical, and military government.]

[Footnote 90: But Mr. Bancroft seems to forget that in less than forty years after this the Charter was revoked, and that very system of government was established which the General Court of Massachusetts Bay now deprecated, but under which Massachusetts itself was most prosperous and peaceful for more than half a century, until the old spirit was revived, which rendered friendly government with England impossible.]

[Footnote 91: Mr. Hutchinson says: "The Earl of Warwick had a patent for Massachusetts Bay about 1623, but the bounds are not known." (History of Massachusetts Bay, Vol. I., p. 7.)]

[Footnote 92: Mr. Palfrey says: "While in England the literary war against Presbytery was in great part conducted by American combatants, their attention was presently required at home. William Vassal, a man of fortune, was one of the original assistants named in the Charter of the Massachusetts Company. He came to Massachusetts with Winthrop's fleet in the great emigration; but for some cause—possibly from dissatisfaction with the tendencies to Separatism which he witnessed—he almost immediately returned. He crossed the sea again five years after, but then it was to the colony of Plymouth. Establishing his home at Seituate, he there conducted himself so as to come under the reproach of being 'a man of a busy, factious spirit, and always opposite to the civil government of the country and the way of the Churches.'" (Winthrop, II., p. 261.) His disaffection occasioned the more uneasiness, because his brother Samuel, also formerly an assistant of the Massachusetts Company, was now one of the Parliament's Commissioners for the government of Foreign Plantations.

In the year when the early struggle between the Presbyterians and Independents in England had disclosed the importance of the issues depending upon it, and the obstinate determination with which it was to be carried on, Vassal "practised with" a few persons in Massachusetts "to take some course, first by petitioning the Courts of Massachusetts and of Plymouth, and if that succeeded not, then to the Parliament of England, that the distinctions which were maintained here, both in civil and church state, might be done away, and that we might be wholly governed by the laws of England." In [93] a "Remonstrance and Humble Petition," addressed by them to the General Court [of Massachusetts], they represented—1. That they could not discern in that colony "a settled form of government according to the laws of England;" 2. That "many thousands in the plantation of the English nation were debarred from civil employments," and not permitted "so much as to have any vote in choosing magistrates, captains, or other civil and military officers;" and, 3. "That numerous members of the Church of England,... not dissenting from the latest reformation in England, Scotland, etc., were detained from the seals of the covenant of free grace, as it was supposed they will not take these Churches' covenants." They prayed for relief from each of these grievances; and they gave notice that, if it were denied, they should "be necessitated to apply their humble desires to the honourable Houses of Parliament, who, they hoped, would take their sad condition into their serious consideration."

After describing the social position of the representative petitioners, Mr. Palfrey proceeds: "But however little importance the movement derived from the character or position of the agitators, it was essentially of a nature to create alarm. It proposed nothing less than an abandonment of institutions, civil and ecclesiastical, which the settlers and owners of Massachusetts had set up, for reasons impressing their own minds as of the greatest significance and cogency. The demand was enforced by considerations which were not without plausibility, and were presented in a seductive form. It was itself an appeal to the discontent of the numerical majority, not invested with a share in the government. And it frankly threatened an appeal to the English Parliament—an authority always to be dreaded, for encroachment on colonial rights, and especially to be dreaded at a moment when the more numerous party among its members were bent on setting up a Presbytery as the established religion of England and its dependencies, determined on a severe suppression of dissent from it, and keenly exasperated against that Independency which New England had raised up to torment them in their own sphere, and which, for herself, New England cherished as her life."

"It being understood that two of the remonstrants, Fowle and Smith, were about to embark for England, to prosecute their business, the Court stopped them with a summons to appear and 'answer to the matter of the petition.' They replied 'to the Gentlemen Commissioners for Plantations;' and the Court committed them to the custody of the Marshal till they gave security to be responsible to the judgment of the Court. The whole seven were next arraigned as authors of divers false and scandalous statements in a certain paper ... against the Churches of Christ and the civil government here established, derogating from the honour and authority of the same, and tending to sedition. Refusing to answer, and 'appealing from this government, they disclaimed the jurisdiction thereof.' This was more than Presbyterian malcontents could be indulged in at the present critical time in Massachusetts. The Court found them all deeply blamable, and punished them by fines, which were to be remitted on their making 'an ingenuous and public acknowledgment of their misdemeanours;' a condition of indemnity which they all refused, probably in expectation of obtaining both relief and applause in England."—"Four deputies opposed the sentence; three magistrates—Bellingham, Saltonstall, and Bradstreet—also dissented."—Palfrey's History of New England, Vol. I., pp. 166-170.]

[Footnote 93: Winthrop, II., 261. "The movement in Plymouth was made at a General Court in October, 1645, as appears from a letter of Winslow to Winthrop (Hutchinson's Collection, 154); though the public record contains nothing respecting it. I infer from Winslow's letter, that half the assistants (namely, Standish, Hatherly, Brown, and Freeman) were in favour of larger indulgence to the malcontents." (Note by Mr. Palfrey.)

(The majority of the General Court were clearly in favour of the movement; and knowing this, the Governor, Prince (the only persecuting Governor of the Plymouth Colony), refused to put the question to vote.)]

[Footnote 94: Hutchinson's History of Massachusetts Bay, Vol. I., Chap. v., p. 75.]

[Footnote 95: History of New England, Vol. II. p. 169. In another case mentioned by Mr. Palfrey, it is clear the public feeling was not with the local Government, which pretended to absolute independence of Parliament, and called the entrance of a parliamentary war vessel into its harbour, and action there, a "foreign encroachment." A Captain Stagg arrived at Boston from London, in a vessel carrying twenty-four guns, and found there a merchant vessel from Bristol (which city was then held for the King), which he seized. Governor Winthrop wrote to Captain Stagg "to know by what authority he had done it in our harbour." Stagg produced his commission from the Earl of Warwick to capture vessels from ports in the occupation of the King's party, as well in harbours and creeks as on the high seas. Winthrop ordered him to carry the paper to Salem, the place of the Governor's residence, there to be considered at a meeting of the magistrates. Of course the public feeling was with the Parliament and its officers; but it was not so heedless as to forget its jealousy of foreign encroachment from whatever quarter. "Some of the elders, the last Lord's Day, had in their sermons reproved this proceeding, and exhorted magistrates to maintain the people's liberties, which were, they said, violated by this act, and that a commission could not supersede a patent. And at this meeting some of the magistrates and some of the elders were of the same opinion, and that the captain should be forced to restore the ship." The decision, however, was different; and the reasons for declining to defy the Parliament, and allowing its officer to retain possession of his prize, are recorded. The following are passages of this significant manifesto: "This could be no precedent to bar us from opposing any commission or other foreign power that might indeed tend to our hurt or violate our liberty; for the Parliament had taught us that salus populi is suprema lex."[96] "If Parliament should hereafter be of a malignant spirit, then, if we have strength sufficient, we may make use of salus populi to withstand any authority from thence to our hurt." "If we who have so openly declared our affection to the cause of Parliament by our prayers, fastings, etc., should now oppose their authority, or do anything that would make such an appearance, it would be laid hold on by those in Virginia and the West Indies to confirm them in their rebellious course, and it would grieve all our godly friends in England, or any other of the Parliament's friends."—Palfrey's History of New England, Vol. II., pp. 161-163.

Note.—It is plain from these words, as well as from other words quoted elsewhere, how entirely and avowedly the Massachusetts Court identified themselves with the Parliament and Cromwell against the King, though they denied having done so in their addresses to Charles the Second.]

[Footnote 96: This maxim, that the safety of the people is the supreme law, might, by a similar perversion, be claimed by any mob or party constituting the majority of a city, town, or neighbourhood, as well as by the Colony of Massachusetts, against the Parliament or supreme authority of the nation. They had no doubt of their own infallibility; they had no fear that they "should hereafter be of a malignant spirit;" but they thought it very possible that the Parliament might be so, and then it would be for them to fight if they should have "strength sufficient." But after the restoration they thought it not well to face the armies and fleets of Charles the Second, and made as humble, as loyal, and as laudatory professions to him—calling him "the best of kings"—as they had made to Cromwell.]

[Footnote 97: They say: "Receiving information by Mr. Winslow, our agent, that it is the Parliament's pleasure that we should take a new patent from them, and keep our Courts and issue our warrants in their names, which we have not used in the late King's time or since, not being able to discern the need of such an injunction,—these things make us doubt and fear what is intended towards us. Let it therefore please you, most honourable, we humbly entreat, to take notice hereby what were our orders, upon what conditions and with what authority we came hither, and what we have done since our coming. We were the first movers and undertakers of so great an attempt, being men able enough to live in England with our neighbours, and being helpful to others, and not needing the help of any for outward things. About three or four and twenty years since, seeing just cause to fear the persecution of the then Bishops and High Commissioners for not conforming to the ceremonies then pressed upon the consciences of those under their power, we thought it our safest course to get to this outside of the world, out of their view and beyond their reach. Yet before we resolved upon so great an undertaking, wherein should be hazarded not only all our estates, but also the lives of ourselves and our posterity, both in the voyage at sea (wherewith we were unacquainted), and in coming into a wilderness uninhabited (unless in some few places by heathen, barbarous Indians), we thought it necessary to procure a patent from the late King, who then ruled all, to warrant our removal and prevent future inconveniences, and so did. By which patent liberty and power was granted to us to live under the government of a Governor, magistrates of our own choosing, and under laws of our own making (not being repugnant to the laws of England), according to which patent we have governed ourselves above this twenty years, we coming hither at our proper charges, without the help of the State, an acknowledgment of the freedom of our goods from custom," etc. "And for our carriage and demeanour to the honourable Parliament, for these ten years, since the first beginning of your differences with the late King, and the war that after ensued, we have constantly adhered to you, not withdrawing ourselves in your weakest condition and doubtfullest times, but by our fasting and prayers for your good success, and our thanksgiving after the same was attained, in days of solemnity set apart for that purpose, as also by our sending over useful men (others also going voluntarily from us to help you), who have been of good use and done acceptable services to the army, declaring to the world hereby that such was the duty and love we bear unto the Parliament, that we were ready to rise and fall with them; for which we have suffered the hatred and threats of other English colonies now in rebellion against you, as also the loss of divers of our ships and goods, taken by the King's party that is dead, by others commissioned by the King of Scots [Charles II.], and by the Portugalls." "We hope that this most honourable Parliament will not cast such as have adhered to you and depended upon you, as we have done, into so deep despair, from the fear of which we humbly desire to be speedily freed by a just and gracious answer; which will freshly bind us to pray and use all lawful endeavours for the blessing of God upon you and the present Government." Appendix viii. to the first volume of Hutchinson's History of Massachusetts Bay, pp. 516-518.

The "General Court" also sent a letter to Oliver Cromwell, enclosing a copy of the petition to Parliament, to counteract representations which might be made against them by their enemies, and intreat his interest in their behalf. This letter concludes as follows:

"We humbly petition your Excellence to be pleased to shew us what favour God shall be pleased to direct you unto on our behalf, to the most honourable Parliament, unto whom we have now presented a petition. The copy of it, verbatim, we are bold to send herewith, that, if God so please, we be not hindered in our comfortable proceedings in the work of God here in this wilderness. Wherein, as for other favours, we shall be bound to pray, that the Captain of the Host of Israel may be with you and your whole army, in all your great enterprises, to the glory of God, the subduing of his and your enemies, and your everlasting peace and comfort in Jesus Christ." (Ib., Appendix ix., p. 522.)

In August (24th), 1654, the General Court addressed another letter to Oliver Cromwell, commencing as follows:

"It hath been no small comfort to us poor exiles, in these utmost ends of the earth (who sometimes felt and often feared the frowns of the mighty), to have had the experience of the good hand of God, in raising up such, whose endeavours have not been wanting to our welfare: amongst whom we have good cause to give your Highness the first place: who by a continued series of favours, have oblidged us, not only while you moved in a lower orb, but since the Lord hath called your Highness to supreme authority, whereat we rejoice and shall pray for the continuance of your happy government, that under your shadow not only ourselves, but all the Churches, may find rest and peace." (Ib., Appendix x., p. 523.)]

[Footnote 98: "1651.—The Parliament of England passed the famous Act of Navigation. It had been observed with concern, that the English merchants for several years past had usually freighted the Hollanders' shipping for bringing home their own merchandise, because their freight was at a lower rate than that of the English ships. For the same reason the Dutch ships were made use of even for importing American products from the English colonies into England. The English ships meanwhile lay rotting in the harbours, and the English mariners, for want of employment, went into the service of the Hollanders. The Commonwealth now turned its attention towards the most effectual mode of retaining the colonies in dependence on the parent State, and of securing to it the benefits of their increasing commerce. With these views the Parliament enacted, 'That no merchandise, either of Asia, Africa, or America, including the English Plantations there, should be imported into England in any but English-built ships, and belonging either to English or English Plantation subjects, navigated also by an English commander, and three-fourths of the sailors to be Englishmen; excepting such merchandise as should be imported directly from the original place of their growth, manufactured in Europe solely: and that no fish should thenceforward be imported into England or Ireland, nor exported thence to foreign parts, nor even from one of their own ports, but what should be caught by their own fishers only." (Holmes' Annals of America, Anderson, ii., 415, 416; Robertson, B. 9, p. 303; Janes' edit. Vol. I., p. 294.) Mr. Holmes adds in a note: "This Act was evaded at first by New England, which still traded to all parts, and enjoyed a privilege peculiar to themselves of importing their goods into England free of customs." (History Massachusetts Bay, Vol. I., p. 40.)]

[Footnote 99: Palfrey's History of New England, Vol. II., p. 393.]

[Footnote 100: Palfrey's History of New England, Vol. II., p. 397, in a note.]

[Footnote 101: Hutchinson's History of Massachusetts Bay, Vol. I., p. 152; Holmes' Annuls, Vol. I., p. 294. Note xxxi., p. 579.

This law was passed in 1651, while Endicot was Governor. Two years before, shortly after Governor Winthrop's death, Governor Endicot, with several other magistrates, issued a declaration against men wearing long hair, prefaced with the words, "Forasmuch as the wearing of long hair, after the manner of the ruffians and barbarous Indians, has begun to invade New England," and declaring "their dislike and detestation against wearing of such long hair as a thing uncivil and unmanly, whereby men do deform themselves, and offend sober and modest men, and do corrupt good manners," etc.—Ib.]

[Footnote 102: Such was the opinion of the late Mr. John Forster, in his beautiful Life of Sir Henry Vane, in his Lives of the Puritan Statesmen of the Commonwealth.]

[Footnote 103: Hutchinson's Collection of Original Papers, etc.; Publication of the Prince Society.

Note by Mr. Hutchinson: "Mr. Winthrop had obliged Mr. Vane to leave Massachusetts and return to England. The letter was written when Mr. Vane's interest in Parliament was very great. It shows a good spirit, and the reproof is decent as well as seasonable."]

[Footnote 104: History of New England, Vol. I., p. 364.]

[Footnote 105: Mr. Neal gives the following account of certain Baptists—Clarke, Holmes and Crandall—who "were all apprehended upon the 20th July this year, (1651), at the house of one William Witters, of Lin. As they were worshipping God in their own way on a Lord's-day morning, the constable took them into custody. Next morning they were brought before the magistrate of the town, who sent them in custody to Boston, where they remained in prison a fortnight, when they were brought to trial, convicted and fined: John Clarke, twenty pounds or to be well whipped; John Crandall, five pounds or to be whipped; Obadiah Holmes, thirty pounds for several offences." Mr. Neal adds: "The prisoners agreed not to pay their fines but to abide the corporal punishment the Court had sentenced them to; but some of Mr. Clarke's friends paid the fine without his consent; and Crandall was released upon the promise to appear at the next Court; but Holmes received thirty lashes at the whipping-post. Several of his friends were spectators of his punishment; among the rest John Spear and John Hazell, who, as they were attending the prisoner back to prison, took him by the hand in the market-place, and, in the face of all the people, praised God for his courage and constancy; for which they were summoned before the General Court the next day, and were fined each of them forty shillings, or to be whipped. The prisoners refused to pay the money, but some of their friends paid it for them."

Mr. Neal adds the following just and impressive remarks: "Thus the Government of New England, for the sake of uniformity in divine worship, broke in upon the natural rights of mankind, punishing men, not for disturbing the State, but for their different sentiments in religion, as appears by the following Law:" [Then Mr. Neal quotes the law passed against the Baptists seven years before, in 1644, and given on page 92.] (Neal's History of New England, Vol. I., pp. 299, 300, 302, 303.)]

[Footnote 106: Hutchinson's Collection of State Papers, etc., pp. 401, 402.

Mr. Cotton wrote a long letter in reply to Sir R. Saltonstall, denying that he or Mr. Wilson had instigated the complaints against the Baptists, yet representing them as profane because they did not attend the established worship, though they worshipped God in their own way. Cotton, assuming that the Baptist worship was no worship, and that the only lawful worship was the Congregational, proceeds to defend compulsory attendance at the established worship upon the ground of preventing Sabbath profaneness (which was a perversion of Sir R. Saltonstall's letter), the same as compulsory attendance at the established worship was justified in the time of Elizabeth and James the First, and against which the whole army of Puritan writers had contended. Some of Cotton's words were as follows: "But (you say) it doth make men hypocrites to compel men to conforme the outward men for fear of punishment. If it did so, yet better be hypocrites than profane persons. Hypocrites give God part of his due, the outward man; but the profane person giveth God neither the outward or inward man."—"If the magistrate connive at his absenting himself from the Sabbath duties, the sin will be greater in the magistrate than can be the other's coming."

Mr. Hutchinson, referring to Sir R. Saltonstall's letter, says:—"It discovers a good deal of that catholic spirit which too many of our first settlers were destitute of, and confirms what I have said of Mr. Dudley's zeal in the first volume of the Massachusetts History."]

[Footnote 107: History of the United States, Vol. I., p. 484.

"I believe," says Mr. Bancroft, "that the elder Winthrop had relented before his death, and, it is said, became weary of banishing heretics. The soul of the younger Winthrop was incapable of harbouring a thought of intolerant cruelty; but the rugged Dudley was not mellowed by old age." Cotton affirmed: "Better tolerate hypocrites and tares than thorns and briers." "Religion," said Norton, from the pulpit, "admits of no eccentric motions." (Ib., pp. 486, 487.)]

[Footnote 108: Burke, Vol. II., Second London Edition, 1758, pp. 148-152.]

[Footnote 109: "In October, 1650, the Commons passed a memorable ordinance, prohibiting trade with Barbadoes, Virginia, Antigua, and the Bermudas, because they had adhered to the fortunes of their late Sovereign. It declared such persons 'notorious robbers and traitors;' it forbade every one to confederate with them; it prohibited all foreign vessels from sailing thither, and it empowered the Council of State to compel all opponents to obey the authority of Parliament. Berkley's defence of Virginia against the fortunate invaders gained him the approbation of his prince and the applause of his countrymen. When he could no longer fight, he delivered up the government, upon such favourable terms as the English Commissioners were willing to grant. He retired to a private station, to wait with patience for favourable events. Virginia changed the various rulers which the revolutions of the age imposed on England, with the reluctance that acknowledged usurpation generally incites. But with the distractions that succeeded the death of Cromwell, she seized the opportunity to free herself from the dominion of her hated masters by recalling Berkley from his obscurity, and proclaiming the exiled king; and she by this means acquired the unrivalled honour of being the last dominion of the State which submitted to that unjust exercise of government, and the first which overturned it."—Chalmers' History of the Revolt of the American Colonies, Vol. I., pp. 74, 75 (Boston Collection).]

[Footnote 110: It was proved on Hugh Peters' trial, twenty years afterwards, that he had said his work, out of New England, was, "to promote the interest of the Reformation, by stirring up the war and driving it on." He was Cromwell's favourite chaplain, and preached before the Court that tried King Charles I., urging the condemnation and execution of the King.]

[Footnote 111: Hutchinson's History of Massachusetts Bay, Vol. I., Appendix viii., pp. 517, 518.

"The 'other English Colonies' with which Massachusetts, by her attachment to the new Government, had been brought into unfriendly relations, were 'Barbadoes, Virginia, Bermudas, and Antigua.' Their persistent loyalty had been punished by an ordinance of Parliament forbidding Englishmen to trade with them—a measure which the General Court of Massachusetts seconded by a similar prohibition addressed to masters of vessels belonging to that jurisdiction. The rule was to remain in force 'until the compliance of the aforesaid places with the Commonwealth of England, or the further order of this Court;' and the penalty of disobedience was to be a confiscation of ship and cargo. In respect to Virginia, it may be presumed that this step was not the less willingly taken, on account of a grudge of some years' standing. At an early period of the civil war, that colony had banished nonconformist ministers who had gone thither from Massachusetts [1643]; and the offence had been repeated five years afterwards."—Palfrey's History of New England, Vol. II., pp. 402, 403.

But Mr. Palfrey omits to remark that the Act of the Virginia Legislature, in forbidding the Congregational Ministers of Massachusetts Bay from propagating their system in Virginia, was but a retaliation upon the Government of Massachusetts Bay, which had not only forbidden Episcopal worship, but denied citizenship to Episcopalians. The Virginia Legislature, while it established the Episcopal Church, had never, like the Legislature of Massachusetts Bay, disqualified all except the members of one Church from either holding office or exercising the elective franchise. The Massachusetts Bay Government, like that of the Papacy, would tolerate only their own form of worship; would allow no Episcopalian, Presbyterian, or Baptist worship within their jurisdiction; yet complain of and resent it as unjust and persecuting when they are not permitted to propagate their system in other colonies or countries.]

[Footnote 112: Hutchinson's History of Massachusetts Bay, Vol. I., Appendix ix., p. 522.

To these extraordinary addresses may be added a letter from the Rev. John Cotton, a chief Congregational minister in Boston, to "Lord General Cromwell," dated Boston, N.E., May 5th, 1651.

There are three things in this letter to be specially noticed.

The first is, the terms in which Cromwell is addressed and complimented.

The second is, the indication here given of the manner in which the Scotch prisoners taken at the battle of Dunbar (while fighting in their own country and for their King) were disposed of by Cromwell, and with what complacency Mr. Cotton speaks of the slavery into which they were sold not being "perpetual servitude," but limited to "6 or 7, or 8 years."

The third thing noteworthy in this letter, in which Mr. Cotton compliments Cromwell for having cashiered from the army every one but his own partizans, thus placing the army beneath his feet, to support his absolutism in the State, having extinguished the Parliament itself, and with it every form of liberty dear to the hearts of all true Englishmen.

The chief passages of Mr. Cotton's letter are as follows:

"Right Honourable,—For so I must acknowledge you, not only for the eminency of place and command to which the God of power and honour hath called you; but also for that the Lord hath set you forth as a vessell of honour to his name, in working many and great deliverances for his people, and for his truth, by you; and yet helping you to reserve all the honour to him, who is the God of salvation and the Lord of hosts, mighty in battell."

"The Scots, whom God delivered into your hand at Dunbarre, and whereof sundry were sent hither, we have been desirous (as we could) to make their yoke easy. Such as were sick of the scurvy or other diseases have not wanted physick or chyrurgery. They have not been sold for slaves to perpetual servitude, but for 6 or 7, or 8 years, as we do our owne: and he that bought the most of them (I heare) buildeth houses for them, for every 4 an house, layeth some acres of ground thereto, which he giveth them as their owne, requiring three dayes in the weeke to worke for him (by turnes), and 4 dayes for themselves, and promiseth, as soon as they can repay him the money he layed out for them, he will set them at liberty."

"As for the aspersion of factious men, I hear, by Mr. Desborough's letter [Cromwell's brother-in-law], last night, that you have well vindicated yourselfe therefrom by cashiering sundry corrupt spirits out of the army. And truly, Sir, better a few and faithfull, than many and unsound. The army on Christ's side (which he maketh victorious) are called chosen and faithfull, Rev. 17. 14—a verse worthy your Lordship's frequent and deepe meditation. Go on, therefore (good Sir), to overcome yourselfe (Prov. 16. 32), to overcome your army (Deut. 29. 9, with v. 14), and to vindicate your orthodox integrity to the world." (Hutchinson's Collection of Original Papers relative to the History of Massachusetts Bay, pp. 233-235.)]

[Footnote 113: In view of the documents which I have quoted, it seems extraordinary to see Mr. Hutchinson, usually so accurate, so far influenced by his personal prejudices as to say that the government of the Massachusetts Bay Colony "prudently acknowledged subjection to Parliament, and afterwards to Cromwell, so far as was necessary to keep upon terms, and avoid exception, and no farther. The addresses to the Parliament and Cromwell show this to have been the case."—History of Massachusetts Bay, Vol. I., p. 209.

The addresses to Parliament and to Cromwell prove the very reverse—prove that the rulers of the Massachusetts Bay Colony avowedly identified themselves with the Parliament and afterwards with Cromwell, when he overthrew the Parliament, and even when he manipulated the army to his purpose of absolutism.]



CHAPTER V.

GOVERNMENT OF MASSACHUSETTS BAY AND OTHER COLONIES, DURING TWENTY YEARS, UNDER CHARLES THE SECOND.

The restoration of Charles the Second to the throne of his ancestors was received in the several American colonies with very different feelings; the loyal colonies, from the Bermudas to Plymouth, hailed and proclaimed the restored King without hesitation; Virginia proclaimed him before he was proclaimed in England;[114] the rulers of the Massachusetts Bay Colony alone stood in suspense; hesitated, refused to proclaim him for a year, until ordered to do so. When it was ascertained that the restoration of the King, Lords, and Commons had been enthusiastically ratified by the people of England, and was firmly established, the General Court of Massachusetts Bay adopted a most loyal address to the King, and another to the two Houses of Parliament, notwithstanding the same Court had shortly before lauded the power which had abolished King, Lords, and Commons. The Court also thought it needful to give practical proof of the sincerity of their new-born loyalty to the monarchical government by condemning a book published ten years before, and which had been until now in high repute among them, written by the Rev. John Eliot, the famous apostle to the Indians. This book was entitled "The Christian Commonwealth," and argued that a purely republican government was the only Christian government, and that all the monarchical governments of Europe, especially that of England, was anti-Christian. It appears that this book had been adduced by the complainants in England against the Massachusetts Bay Government as a proof of their hostility to the system of government now restored in England. To purge themselves from this charge, the Governor and Council of Massachusetts Bay, March 18, 1661, took this book into consideration, and declared "they find it, on perusal, full of seditious principles and notions relative to all established governments in the Christian world, especially against the government established in their native country." Upon consultation with the Elders, their censure was deferred until the General Court met, "that Mr. Eliot might have the opportunity in the meantime of public recantation." At the next sessions, in May, Mr. Eliot gave into the Court the following acknowledgment under his hand:

"Understanding by an Act of the honoured Council, that there is offence taken at a book published in England by others, the copy whereof was sent over by myself about nine or ten years since, and that the further consideration thereof is commended to this honoured Court now sitting in Boston: Upon perusal thereof, I do judge myself to have offended, and in way of satisfaction not only to the authority of this jurisdiction, but also to any others that shall take notice thereof, I do hereby acknowledge to this General Court, that such expressions as do too manifestly scandalize the Government of England, by King, Lords and Commons, as anti-christian, and justify the late innovators, I do sincerely bear testimony against, and acknowledge it to be not only a lawful but eminent form of government.

"2nd. All forms of civil government, deduced from Scripture, I acknowledge to be of God, and to be subscribed to for conscience sake; and whatsoever is in the whole epistle or book inconsistent herewith, I do at once and most cordially disown.

"JOHN ELIOT."[115]

It must have been painful and humiliating to John Eliot to be brought to account for and compelled to recant the sentiments of a book which had been in circulation eight or nine years, and much applauded by those who now arraigned and made a scapegoat of him, to avert from themselves the consequence and suspicion of sentiments which they had held and avowed as strongly as Eliot himself.

It has been said that the Government of Massachusetts Bay had desisted from acknowledging and addressing Charles the Second as King, until they found that their silence endangered their interests. Mr. Holmes, in his Annals, speaking under the date of May, 1661 (a year after Charles had entered London as King), says: "Charles II., had not yet been proclaimed by the colony. The Governor (Endicot), on receiving intelligence of the transactions that were taking place in England to the prejudice of the colony, judged it inexpedient longer to delay that solemnity. Calling the Court together, a form of proclamation was agreed to, and Charles was acknowledged to be their sovereign Lord, and proclaimed to be the lawful King of Great Britain, France and Ireland, and all other territories thereto belonging." An address to the King was agreed to, and ordered to be sent to England.[116]

In this remarkable address (given in a note) the reader will be struck with several things which appear hardly reconcilable with words of sincerity and truth.

First, the reason professed for delaying nearly a year to recognise and address the King after his restoration. Nearly thirty years before, they had threatened the King's Royal father with resistance, since which time they had greatly increased in wealth and population; but now they represent themselves as "poor exiles," and excuse themselves for not acknowledging the King because of their Mephiboseth lameness of distance—as if they were more distant from England than the other American colonies. Their "lameness" and "ineptness" and "impotence" plainly arose from disinclination alone. It is amusing to hear them speak of themselves as "exanimated outcasts," hoping to be animated by the breath of Royal favour. Their "script" was no doubt "the transcript of their loyal hearts" when they supplicated the continuance of the Royal Charter, the first intentions and essential provisions of which they had violated so many years.

Secondly. But what is most suspicious in this address is their denial of having taken any part in the civil war in England—professing that their lot had been the good old nonconformists',[117] "only to act a passive part throughout these late vicissitudes," and ascribed to the favour of God their "exemption from the temptations of either party." Now, just ten years before, in their address to the Long Parliament and to Cromwell, they said:

"And for our carriage and demeanour to the honourable Parliament for these ten years, since the first beginning of your differences with the late King, and the war that after ensued, we have constantly adhered to you, notwithstanding ourselves in your weakest condition and doubtfullest times, but by our fasting and prayers for your good success, and our thanksgiving after the same was attained, in days of solemnity set apart for that purpose, as also by our sending over useful men (others also going voluntarily from us to help you) who have been of good use and have done good acceptable service to the army, declaring to the world hereby that such was the duty and love we bear unto the Parliament that we were ready to rise and fall with them: for which we suffered the hatred and threats of other English colonies now in rebellion against you," etc.[118]

Whether this address to Parliament (a copy of it being enclosed with an address to Cromwell) had ever at that time been made public, or whether King Charles the Second had then seen it, does not appear; but it is not easy to conceive statements and words more opposite than those addressed by the General Court of Massachusetts Bay to the Parliament in 1651, and to the King, Charles the Second, in 1661.

On the contrasts of acts themselves, the reader will make his own remarks and inferences. The King received and answered their address very graciously.[119] They professed to receive it gratefully; but their consciousness of past unfaithfulness and transgressions, and their jealous suspicions, apprehended evil from the general terms of the King's reply, his reference to his Royal predecessors and religious liberty, which above all things they most dreaded, desiring religious liberty for themselves alone, but not for any Episcopalian, Presbyterian, Baptist, or Quaker. They seem, however, to have been surprised at the kindness of the King's answer, considering their former conduct towards him and his Royal father, and towards the colonies that loyally adhered to their King; and professed to have been excited to an ecstasy of inexpressible delight and gratitude at the gracious words of the best of kings.[120] Their address presented a curious mixture of professed self-abasement, weakness, isolation, and affliction, with fulsome adulation not surpassed by anything that could have been indited by the most devout loyalist. But this honeymoon of adulation to the restored King was not of long duration; the order of the King, September 8, 1661, to cease persecuting the Quakers, was received and submitted to with remonstrance; and obedience to it was refused as far as sending the accused Quakers to England for trial, as that would bring the Government of Massachusetts Bay before the English tribunals.[121]

But petitions and representations poured in upon the King and Council from Episcopalians, Presbyterians, Baptists, etc., from Massachusetts Bay, and their friends in England, complaining that they were denied liberty of worship, the ordinance of Baptism and the Lord's Supper to their families and themselves, that they were deprived of even the elective franchise because of their not being members of the Congregational Church, and praying for the redress of their grievances.[122]

The leaders of the colony had, however, warm and influential advocates in the Council of the King: the Earl of Manchester, formerly commander of the Parliamentary army against Charles the First, until supplanted by Cromwell; Lord Say, a chief founder of Connecticut; and Mr. Morrice, Secretary—all Puritans.[123] Under these influences the King sent a letter to the colony, which had been avowedly at war in connection with Cromwell, against his royal father and himself (and by which they had justly forfeited the Charter, apart from other violations of it), pardoning the past and assuring them he would not cancel but restore and establish their Charter, provided they would fulfil certain conditions which were specified. They joyously accepted the pardon of the past, and the promised continuance of the Charter as if unconditional, without fulfilling the conditions of it, or even mentioning them; just as their fathers had claimed the power given them in the Royal Charter by Charles the First in 1628, to make laws and regulations for order and good government of the Massachusetts Bay Plantation, concealing the Charter, claiming absolute power under it, and wholly ignoring the restrictive condition that such laws and regulations were not to be "contrary to the laws of England"—not only concealing the Charter, but not allowing their laws and regulations to be printed until after the fall of Charles the First, and resisting all orders for the production of their proceedings, and all Commissions of Inquiry to ascertain whether they had not made laws or regulations and performed acts "contrary to the laws of England." So now, a generation afterwards, they claimed and contended that Charles the Second had restored their Charter, as if done absolutely and unconditionally without their recognising one of the five conditions included in the proviso of the King's letter. Nothing could have been more kindly and generously conceived than the terms of the King's letter, and nothing could be more reasonable than the conditions contained in its proviso—conditions with which all the other British colonies of America readily complied, and which every province of the Dominion of Canada has assumed and acted upon as a duty and pleasure from the first establishment of their respective Governments. Of all the colonies of the British Empire for the last three centuries, that of Massachusetts Bay is the only one that ever refused to acknowledge this allegiance to the Government from which it derived its existence and territory. The conditions which Charles the Second announced as the proviso of his consenting to renew and continue the Charter granted by his Royal father to the Company of Massachusetts Bay, were the following:

"1. That upon a review, all such laws and ordinances that are now, or have been during these late troubles, in practice there, and which are contrary or derogatory to the King's authority and government, shall be repealed.

"2. That the rules and prescriptions of the said Royal Charter for administering and taking the oath of allegiance, be henceforth duly observed.

"3. That the administration of justice be in the King's name.

"4. That since the principle and formation of that Charter was and is the freedom of liberty of conscience, we do hereby charge and require you that freedom of liberty be duly admitted and allowed, so that they that desire to use the Book of Common Prayer and perform their devotion in the manner that is established here, be not denied the exercise thereof, or undergo any prejudice or disadvantage thereby, they using the liberty peaceably, without any disturbance to others.

"5. That all persons of good and honest lives and conversations be admitted to the sacrament of the Lord's Supper, according to the said Book of Common Prayer, and their children to Baptism."[124]

Nothing could be more kind and assuring than the terms of the King's letter, notwithstanding the former hostility of the Massachusetts Bay rulers to him and his Royal father,[125] and nothing could be more reasonable than the five conditions on which he assured them of the oblivion of the past and the continuance of the Royal Charter; but with not one of these conditions did they take a step to comply for several months, under the pretext of affording time, after publishing it, that "all persons might have opportunity to consider what was necessary to be done," though the "all persons" referred to included only one-sixth of the population: for the term "Freeman of Massachusetts" was at that time, and for thirty years before and afterwards, synonymous with member of one of the Congregational Churches. And it was against their disloyalty and intolerance that the five conditions of the King's pardon were chiefly directed. With some of these conditions they never complied; with others only as they were compelled, and even complained of them afterwards as an invasion of their chartered privileges,[126] though, in their first order for public thanksgiving for the King's letter, they spoke of it as assuring "the continuance of peace, liberties and the gospel." Though the agent of Rhode Island met the agents of Massachusetts Bay Colony before the King, and challenged them to cite, in behalf of Massachusetts, one act of duty or loyalty to the kings of England, in support of their present professions as loyal subjects; yet the King was not disposed to punish them for the past, but continue to them their privileges, as they desired and promised they would act with loyalty and tolerance in the future.[127]

The King's promised oblivion of the past and recognition of the Charter was hailed and assumed as unconditional, while the King's conditions were ignored and remained a dead letter. The elective franchise and eligibility for office were still, as heretofore, the exclusive prerogative of Congregational Church members; the government of the colony was still in the hands alone of Congregational ministers and magistrates, and which they cleaved to as for life; their persecutions of those who did not worship as they did, continued without abatement; they persisted in their theocratic independence, and pretended to do all this under a Royal Charter which forbade their making laws or regulations contrary to the laws of England, acting also in the face of the King's conditions of pardoning their past offences, and perpetuating their Charter privileges.

The King's letter was dated the 28th of June, 1662, and was presented by Mr. Bradstreet and Mr. Norton to the Governor and General Court at Boston, 8th of October, 1662;[128] but it was not until a General Court called in August, 1664, that "the said letter was communicated to the whole assembly, according to his Majesty's command, and copies thereof spread abroad."[129] In the meantime they boasted of their Charter being recognised by the King, according, of course, to their own interpretation of it, while for twenty-two months they withheld the King's letter, against his orders, from being published; concealing from the victims of their proscription and persecution the toleration which the King had announced as the conditions of his perpetuating the Charter.

It is not surprising that those proscribed and persecuted parties in Massachusetts Bay Colony should complain to the King's Government that the local Government had denied them every privilege which his Majesty had assured to them through their friends in England, and by alleged orders to the Government of Massachusetts Bay, and therefore that the King's Government should determine to appoint Commissioners to proceed to the New England colonies to investigate the complaints made, and to regulate the affairs of the colonies after the disorders of the then recent civil war, during which the Massachusetts Bay Government had wholly identified itself with Cromwell, and acted in hostility to those other American colonies which would not renounce their allegiance to the Throne, and avow allegiance to the usurper.

It was not till the Government of Massachusetts Bay saw that their silence could no longer be persisted in with safety, and that a Royal Commission was inevitable,[130] that they even published the King's letter, and then, as a means of further procrastination and delay, they appended their order that the conditions prescribed in the Royal letter, which "had influence upon the Churches as well as the civil state, should be suspended until the Court should take action thereon"—thus subordinating the orders of the King to the action of the Massachusetts Bay Court.

From the Restoration, reports were most industriously circulated in the Bay Colony, designed to excite popular suspicion and hostility against the Royal Government, such as that their constitution and Church privileges were to be suppressed, and superseded by a Royal Governor and the Episcopal hierarchy, etc.; and before the arrival of the Royal Commissioners the object of their appointment was misrepresented and their character assailed; it was pretended their commission was a bogus one, prepared "under an old hedge,"[131] and all this preparatory to the intended resistance of the Commissioners by the Governor and Council of Massachusetts Bay.

The five conditions of continuing the Charter, specified in the King's letter of the 28th of June, 1662, the publication of which was suppressed by the Massachusetts Bay Court for nearly two years, and the intolerance and proscription which it was intended to redress being still practised, were doubtless among the causes which led to the appointment of the Royal Commissioners; but that Commission had reference to other colonies as well as Massachusetts Bay, and to other subjects than the intolerant proscriptions of that colony.[132]

All the New England colonies except that of Massachusetts Bay respectfully and cordially received the Royal Commissioners, and gave entire satisfaction in the matters which the Commissioners were intended to investigate.[133] The Congregational rulers of Massachusetts Bay alone rejected the Royal Commissioners, denied their authority, and assailed their character. In the early history of Upper Canada, when one Church claimed to be established above every other, and the local Government sustained its pretensions as if authorized by law, it is known with what tenacity and denunciation the Canadian ecclesiastic-civil government resisted all appeals, both to the Local Legislature and to England, for a liberal government of equal laws and equal rights for all classes of the King's subjects in Canada. But the excluded majority of the Canadians had little to complain of in comparison of the excluded majority of his Majesty's subjects of the Massachusetts Bay Colony, where the only avenue to office, or even the elective franchise, was membership in the Congregational Church, and where no dissenter from that Church could have his children baptized, or worship God according to his conscience, except under pain of imprisonment, fine, banishment, or death itself.

The "Pilgrim Fathers" crossed the Atlantic to Plymouth in 1620, and the "Puritan Fathers" to Massachusetts Bay in 1628, professedly for the same purpose, namely, liberty to worship God without the imposition of ceremonies of which they disapproved. The "Pilgrim Fathers," as true and consistent friends of liberty, exercised full liberty of worship for themselves, and left others to enjoy the same liberty of worship which they enjoyed; but the "Puritan Fathers" exercised their liberty not only by abandoning the Church and worship which they professed when they left England, and setting up a Congregational worship, but by prohibiting every other form of worship, and its adherents with imprisonment, fine, exile, and death. And under this pretext of liberty of worship for themselves, they proscribed and persecuted all who differed from them in religious worship for fifty years, until their power to do so was taken from them by the cancelling of the Charter whose provisions they had so persistently and so cruelly abused, in contradistinction to the tolerant and liberal conduct of their brethren and neighbours of the Plymouth, Rhode Island, and Connecticut colonies. In note on page 148, I have given extracts of the Report of the Royal Commissioners relative to these colonies and their conduct and treatment of the Commissioners; and in the lengthened extract of the report relative to Massachusetts Bay Colony, it is seen how different was the spirit and government of the rulers of that colony, both in respect to their fellow-colonists and their Sovereign, from that of the rulers of the other New England colonies, which had, indeed, to seek royal protection against the oppressions and aggressions of the more powerful domineering Government of Massachusetts Bay. The rulers of this colony alone rejected the Royal Commissioners. For nearly two years the King's letter of the 28th of June, 1662 (given in note on page 140), pardoning their acts of disloyalty and assuring them of the continuance of their Charter on certain conditions, remained unpublished and unnoticed; but on the appointment of the Royal Commissioners, in 1664, they proceeded to acknowledge the kindness of the King's letter of 1662, and other Royal letters; then changing their tone, they protest against the Royal Commission. They sent a copy of their address to the King, to Lord Chancellor Clarendon, who, in connection with the Earl of Manchester and Lord Say, had befriended them. They also wrote to others of their friends, and among others to the Hon. and celebrated Robert Boyle, than whom no man had shown himself a warmer or more generous friend to their colony. I will give, not in successive notes, but in the text, their address to the King, the King's reply, Lord Clarendon's and the Hon. Robert Boyle's letters to them on the subject of their address to the King, and their rejection and treatment of the Royal Commission. I will then give the sentiments of what is called the "Petition of the minority" of their own community on the subject, and their own answers to the chief propositions of the Royal Commissioners. From all this it will appear that the United Empire Loyalists were the true liberals, the advocates of universal toleration and of truly liberal government; while the rulers of Massachusetts Bay were the advocates of religious intolerance and persecution of a government by a single religious denomination, and hostile to the supreme authority of England, as well as to their more tolerant and loyal fellow-colonists.

I will first give their characteristic address, called "Petition" or "Supplication," to the King. I do so without abridgment, long as it is, that I may not be chargeable with unfairness. It is as follows:—

Copy of the Address of the Massachusetts Colony to King Charles the Second, in 1664:

"To the King's Most Excellent Majestie.—The humble Supplication of the General Court of the Massachusetts Colony, in New England.

"DREAD SOVEREIGN,

"Iff your poor subjects, who have removed themselves into a remote corner of the earth to enjoy peace with God and man, doe, in this day of their trouble, prostrate themselves at your Royal feet, and beg your favour, we hope it will be graciously accepted by your Majestie, and that as the high place you sustain on earth doth number you here among the gods, for you well imitate the God of heaven, in being ready to maintain the cause of the afflicted, and the right of the poor,[135] and to receive their cries and addresses to that end. And we humbly beseech your Majestie with patience and clemency to heare and accept our plain discourse, tho' of somewhat greater length than would be comely in other or lesser cases. We are remote,[136] and can speake but seldom, and therefore crave leave to speake the more at once. Wee shall not largely repeat how that the first undertakers for this Plantation, having by considerable summs purchased the right thereof granted to the Council established at Plimouth by King James, your Royal grandfather, did after obtain a patent given and confirmed to themselves by your Royal father, King Charles the First, wherein it is granted to them, and their heirs, assigns and associates for ever, not only the absolute use and propriety of the tract of land therein mentioned, but also full and absolute power of governing[137] all the people of this place, by men chosen from among themselves, and according to such lawes as they shall from time to time see meet to make and establish, being not repugnant to the laws of England (they paying only the fifth part of the ore of gold and silver that shall here be found, for and in respect of all duties, demands, exactions, and service whatsoever), as in the said patent is more at large declared. Under the encouragement and security of which Royal Charter this people did, at their own charges,[138] transport themselves, their wives and families, over the ocean, purchase the lands of the natives, and plant this colony, with great labour, hazards, cost and difficulties, for a long time wrestling with the wants of a wilderness and the burdens of a new plantation; having, also, now above 30 years enjoyed the aforesaid power and priviledge of government within themselves, as their undoubted right in the sight of God and man,[139] and having had, moreover, this further favour from God and from your Majestie, that wee have received several gracious letters from your Royal selfe, full of expressions tending to confirme us in our enjoyments, viz., in your Majestie's letter bearing date the 15th day of February, 1660, you are pleased to consider New England as one of the chiefest of your colonies and plantations abroad, having enjoyed and grown up in a long and orderly establishment, adding this royal promise: 'Wee shall not come behind any of our royal predecessors in a just encouragement and protection of all our loving subjects there.' In your Majestie's letter of the 28th of June, 1662, sent us by our messengers, besides many other gracious expressions, there is this: 'Wee will preserve and do hereby confirme the patent and Charter heretofore granted unto them by our Royal father of blessed memory, and they shall freely enjoy all the privileges and liberties granted unto them in and by the same.'[140] As for such particulars, of a civil and religious nature, as are subjoined in the said letter, we have applyed ourselves to the utmost to satisfy your Majesty, so far as doth consist with conscience, of our duty toward God and the just liberties and privileges of our patent.[141] Wee are further bound, with humble thankfulness, to acknowledge your Majestie's gracious expressions in your last letter we have received, dated April 23, 1664, as (besides other instances thereof) that your Majestie hath not the least intention or thought of violating, or in the least degree infringing, the Charter heretofore granted by your Royal father with great wisdom, and upon full deliberation, etc.

"But what affliction of heart must it needs be unto us, that our sins have provoked God to permit our adversaries to set themselves against us by their misinformations, complaints and solicitations (as some of them have made it their worke for many years), and thereby to procure a commission under the great seal, wherein four persons (one of them our knowne and professed enemy) are impowered to hear, receive, examine and determine all complaints and appeals, in all causes and matters as well military as criminal and civil, and to proceed in all things, for settling this country according to their good and sound discretion, etc., whereby, instead of being governed by rulers of our owne choosing (which is the fundamental privilege of our patent), and by lawes of our owne, wee are like to be subjected to the arbitary power of strangers, proceeding not by any established law, but by their own discretion. And whereas our patent gives a sufficient royal warrant and discharge to all officers and persons for executing the lawes here made and published, as is therein directed, we shall now not be discharged, and at rest from further molestation, when wee have so executed and observed our lawes, but be liable to complaints and appeales, and to the determinations of new judges, whereby our government and administrations will be made void and of none effect. And though we have yet had but a little taste of the words or actings of these gentlemen that are come over hither in this capacity of Commissioners, yet we have had enough to confirm us in our feares that their improvement of this power, in pursuance of their commission (should the same proceed), will end in the subversion of our all. We should be glad to hope that your Majesty's instructions (which they have not been pleased to impart to us) may put such limitations to their business here as will take off our fear; but according to the present appearance of things, we thus speak.

"In this case (dread Sovereign), our refuge under God is your royal selfe, whom we humbly address ourselves unto, and are the rather emboldened therein because your Majesty's last gracious letter doth encourage us to suggest what, upon the experience we have had, and observations we have made, we judge necessary or convenient for the good and benefit of this plantation, and because we are well persuaded that had your Majestie a full and right information of the state of things here,[142] you would find apparent reason to put a stop to these proceedings, which are certainly discervient to your Majesty's interest and to the prosperity and welfare of this place.

"If these things go on (according to the present appearance), your subjects here will either be forced to seek new dwellings, or sink and faint under burdens that will to them be intolerable. The rigour of all new endeavours in the several callings and occupations (either for merchandise abroad or for subduing this wilderness at home) will be enfeebled, as we perceive it already begins to be, the good of converting the natives obstructed, the inhabitants driven to we know not what extremities, and this hopeful plantation in the issue ruined. But whatever becomes of us, we are sure the adversary cannot countervail the King's damages.

"It is indeed a grief to our hearts to see your Majesty put upon this extraordinary charge and cost about a business the product whereof can never reimburse the one half of what will be expended upon it. Imposed rulers and officers will have occasion to expend more than can be raised here, so as nothing will return to your Majesty's exchequer; but instead thereof, the wonted benefit of customs, exported and imported into England from hence, will be diminished by discouragement and diminution of men's endeavours in their several occupations; or if the aim should be to gratify some particular by livings and revenues here that will also fail, where nothing is to be had, the King himself will be loser, and so will the case be formed here; for such is the poverty and meanness of the people (by reason of the length and coldness of the winters, the difficulty of subduing a wilderness, defect of staple commodity, the want of money, etc.), that if with hard labour men get a subsistence for their families, 'tis as much as the generality are able to do, paying but very small rates towards the public charges; and yet if all the country hath ordinarily raised by the year for all the charges of the whole government were put together and then doubled or trebled, it would not be counted, for one of these gentlemen, a considerable accommodation.[143]

"It is true, that the estates men have in conjunction with hard labour and vigorous endeavours in their several places do bring in a comfortable subsistence for such a mean people (we do not diminish our thankfulness to God, that he provides for us in a wilderness as he doth), yet neither will the former stand or the latter be discouraged, nor will both ever answer the ends of those that seek great things.

"We perceive there have been great expectations of what is to be had here raised by some men's informations. But those informations will prove fallacious, disappointing them that have relied upon them; and if the taking of this course should drive the people out of the country (for to a coalition therein they will never come), it will be hard to find another people that will stay long or stand under any considerable burden in it, seeing it is not a country where men can subsist without hard labour and great frugality.

"There have also been high representations of great divisions and discontents among us, and of a necessity of sending commissioners to relieve the aggrieved, etc.; whereas it plainly appears that the body of this colony are unanimously satisfied in the present government, and abhorrent from change, and that what is now offered will, instead of relieving, raise up such grievances as are intolerable. We suppose there is no government under heaven wherein some discontented persons may not be found; and if it be a sufficient accusation against a government that there are some such, who will be innocent? Yet, through the favour of God, there are but few amongst us that are malcontent, and fewer that have cause to be so.

"Sir, the all-knowing God knows our greatest ambition is to live a poor and quiet life, in a corner of the world, without offence to God or man. We came not in this wilderness to seek great things for ourselves; and if any come after us to seek them here, they will be disappointed. We keep ourselves within our line, and meddle not with matters abroad; a just dependence upon and subjection to your Majesty, according to our Charter, it is far from our hearts to disacknowledge. We so highly prize your favourable aspect (though at so great a distance), as we would gladly do anything that is within our power to purchase the continuance of it. We are willing to testify our affection to your Majesty's service, by answering the proposal of your honourable Commissioners, of which we doubt not but that they have already given your Majesty an account. We are carefully studious of all due subjection to your Majesty, and that not only for wrath, but for conscience sake; and should Divine Providence ever offer an opportunity wherein we might, in any righteous way, according to our poor and mean capacity, testify our dutiful affection to your Majesty, we hope we should most gladly embrace it. But it is a great unhappiness to be reduced to so hard a case, as to have no other testimony of our subjection and loyalty offered us but this, viz., to destroy our own being, which nature teacheth us to preserve; or to yield up our liberties, which are far dearer to us than our lives, and which, had we had any fears of being deprived of, we had never wandered from our fathers' houses into these ends of the earth, nor laid our labours or estates therein; besides engaging in a most hazardous and difficult war, with the most warlike of the natives, to our great charge and the loss of some of the lives of our dear friends. Neither can the deepest invention of man find out a more certain way of consistence than to obtain a Royal donation from so great a prince under his great seal, which is the greatest security that may be had in human affairs.

"Royal Sir, it is in your power to say of your poor people in New England, they shall not die. If we have found favour in the sight of our King, let our life be given us at our petition (or rather that which is dearer than life, that we have ventured our lives, and willingly passed through many deaths to obtain), and our all at our request. Let our government live, our patent live, our magistrates live, our laws and liberties live, our religious enjoyments live; so shall we all yet have further cause to say from our hearts, let the King live for ever. And the blessing of them that were ready to perish shall come upon your Majesty; having delivered the poor that cried, and such as had none to help them. It was an honour to one of your royal ancestors that he was called the poor man's king. It was Job's excellency that he sat as king among his people—that he was a father to the poor. They are a poor people (destitute of outward favour, wealth and power) who now cry to their lord the King. May your Majesty please to regard their cause and maintain their right. It will stand among the marks of lasting honour to after generations. And we and ours shall have lasting cause to rejoice, that we have been numbered among your Majesty's most humble servants and suppliants.

"25th October, 1664."

As the Massachusetts Governor and Council had endorsed a copy of the foregoing petition to the Earl of Clarendon, then Lord Chancellor (who had dictated, with the Puritan ministers of the King, his generous letter of the 28th of June, 1662), I will here insert Lord Clarendon's reply to them, in which he vindicates the appointment of the Commissioners, and exposes the unreasonableness of the statements and conduct of the Massachusetts Court. The letter is as follows:

Copy of a letter from the Earl of Clarendon to the Massachusetts Colony in 1664:—

"MR. GOVERNOR AND GENTLEMEN,

"I have received yours of the 7th of November, by the hands of Mr. Ashurst, a very sober and discreet person, and did (by his communicating it to me) peruse the petition you had directed to his Majesty; and I do confess to you, I am so much a friend to your colony that if the same had been communicated to nobody but myself, I should have dissuaded the presenting the same to his Majesty, who I doubt will not think himself well treated by it, or the singular care he hath expressed of his subjects in those parts sufficiently acknowledged; but since I found by your letter to my Lord Chamberlaine and Mr. Boyle, that you expect some effect from your petition, upon conference with them wee all agreed not to hinder the delivery of it, though I have read to them and Mr. Ashurst every word of the instructions the Commissioners have; and they all confessed that his Majesty could not expresse more grace and goodness for that his plantation, nor put it more out of their power in any degree to invade the liberties and privileges granted to you by your Charter; and therefore wee were all equally amazed to find that you demand a revokation of the Commission and Commissioners, without laying the least matter to their charge of crymes or exorbitances. What sense the King hath of your addresse to him, you will, I presume, heare from himself, or by his direction. I shall only tell you that as you had long cause to expect that the King would send Commissioners thither, so that it was absolutely necessary he should do so, to compose the differences amongst yourselves of which he received complaint, and to do justice to your neighbours, which they demand from his royall hands. I know not what you mean by saying, the Commissioners have power to exercise government there altogether inconsistent with your Charter and privileges, since I am sure their commission is to see and provide for the due and full observation of the Charter, and that all the privileges granted by that Charter may be equally enjoyed by all his Majesty's subjects there. I know they are expressly inhibited from intermeddling with or obstructing the administration of justice, according to the formes observed there; but if in truth, in any extraordinary case, the proceedings there have been irregular, and against the rules of justice, as some particular cases particularily recommended to them by his Majesty, seeme to be, it cannot be presumed that his Majesty hath or will leave his subjects of New England without hope of redresse by any appeale to him, which his subjects of all his other kingdoms have free liberty to make. I can say no more to you but that it is in your owne power to be very happy, and to enjoy all that hath been granted to you; but it will be absolutely necessary that you perform and pay all that reverence and obedience which is due from subjects to their king, and which his Majesty will exact from you, and doubts not but to find from the best of that colony both in quality and in number. I have no more to add but that I am,

"Gentlemen,

"Your affectionate servant,

"CLARENDON, C.

"Worcester House, 15 March, 1665."

To Lord Clarendon's letter I will add the letter of the Honourable Robert Boyle to Governor Endicot. The Hon. Robert Boyle was not only distinguished as the first philosopher of his age, but as the founder of the Royal Society and the President of the Society for the Propagation of the Gospel in New England—the Society which supported John Eliot, the apostle to the Indians of New England—for the Massachusetts Bay Government neither established nor supported his mission to the Indians. New England never had a warmer and more benevolent friend than the celebrated Robert Boyle, who, in a letter dated March 17th, 1665, and addressed to the Governor Endicot and the Massachusetts Court, after acknowledging their resolution of thanks, through Mr. Winthrop, to him for his exertions on their behalf, proceeds as follows:

"I dealt very sincerely with Mr. Winthrop in what I informed him concerning the favourable inclinations I had found both in his Majesty and in my Lord Chancellor toward the united colonies of New England; and though his lordship again repeats and confirms the assurances he had authorized me to give to your friends in the city, yet I cannot but acquaint you with this, observing that in your last addresses to his Majesty, and letters to his lordship, there are some passages that were much more unexpected than welcome; insomuch that not only those who are unconcerned in your affairs, but the most considerable persons that favour you in England, have expressed to me their being unsatisfied in some of the particulars I am speaking of. And it seems generally unreasonable that when the King had so graciously remitted all that was past, and upon just and important inducements, sent Commissioners to promote the welfare of your colony, you should (in expressions not over manly or respectfully worded) be importunate with him to do an action likely to blemish his wisdom or justice, or both, as immediately to recall public ministers from so remote a part of the world before they or any of them be so much as accused of any one crime or miscarriage.

"And since you are pleased I should concern myself in this business, I must deal so ingenuously with you as to inform you, that hearing about your affairs, I waited upon my Lord Chancellor (and finding him, though not satisfied with your late proceedings, yet neither your enemy, nor indisposed to be your favourer as before). His lordship was pleased, with a condescending and unexpected freedom, to read himself, not only to me, but to another good friend of yours that I brought along with me, the whole instructions and all the other papers that were delivered to the Commissioners, and by the particulars of those it appeared to us both that they had been so solicitous, viz., in the things that related to your Charter, and especially to the liberty of your consciences, that I could not but wonder at it, and add to the number of those that cannot think it becomes his Majesty to recall Commissioners sent so far with no other instructions than those, before they have time to do any part of the good intended you by themselves, and before they are accused of having done any one harmful thing, even in your private letters either to me or (as far as I know) to any of your friends here, who will be much discouraged from appearing on your behalf; and much disabled to do it successfully so long as such proceedings as these that relate to the Commissioners supply others with objections which those that wish you well are unable to answer.

"I should not have taken this liberty, which the honour of your letter ought to have filled with little less than acknowledgment, if the favourable construction you have made of my former endeavours to do you good offices did not engage me to continue them, though in a way which (in my poor apprehension) tends very directly to serve you, whether I do or no to please you; and as I presume you will receive, both from his Majesty and my Lord Chancellor, express assurances that there is nothing intended in violation to your Charter, so if the Commissioners should break their instructions and endeavour to frustrate his Majesty's just and favourable intentions towards you, you may find that some of your friends here were not backward to accuse the Commissioners upon general surmises that may injure you, than they will be ready to represent your grievances, in case they shall actually oppress you; which, that they may never do, is not more the expectation of them that recommended them to you than it is the hearty wish of a person who, upon the account of your faithfulness and care of so good a work as the conversion of the natives among you, is in a peculiar manner concerned to shew himself, honoured Sir, your most affectionate and most humble servant,[144]

"RO. BOYLE."

But in addition to the benevolent and learned Robert Boyle and their other friends in England, besides Lord Clarendon and the King, who disapproved of their pretentious spirit and proceedings, there were numbers of their own fellow-colonists who equally condemned the assumptions and conduct of Governor Endicot and his Council. It has been shown in a previous chapter that in connection with the complete suppression of the freedom of the press, petitioners to the Governor and Court were punished for any expressions in their petitions which complained of the acts or proceedings of the Court. It therefore required no small degree of independence and courage for any among them to avow their dissent from the acts of rulers so despotic and intolerant. Yet, at this juncture of the rejection of the Royal Commission, and the denial of the King's authority, there were found United Empire Loyalists and Liberals, even among the Congregational "freemen" of Massachusetts Bay, who raised the voice of remonstrance against this incipient separation movement. A petition was prepared and signed by nearly two hundred of the inhabitants of Boston, Salem, Newbury, and Ipswich, and presented to the Court. The compiler of the "Danforth Papers," in the Massachusetts Historical Collection, says: "Next follows the petition in which the minority of our forefathers have exhibited so much good sense and sound policy." The following is an extract of the Boston petition, addressed "To the Honourable General Court now assembled in Boston:"

"May it please the Hon. Court:

"Your humble petitioners, being informed that letters are lately sent from his Majesty to the Governor and Council, expressive of resentment of the proceedings of this colony with his Commissioners lately sent hither, and requiring also some principal persons therein, with command upon their allegiance to attend his Majesty's pleasure in order to a final determination of such differences and debates as have happened between his Majesty's Commissioners and the Governor here, and which declaration of his Majesty, your petitioners, looking at as a matter of the greatest importance, justly calling for the most serious consideration, that they might not be wanting, either to yourselves in withholding any encouragement that their concurrence might afford in so arduous a matter, nor to themselves and the country in being involved by their silence in the dangerous mistakes of (otherwise well united) persons inclining to disloyal principles, they desire they may have liberty without offence to propose some of their thoughts and fears about the matter of your more serious deliberation.

"Your petitioners humbly conceive that those who live in this age are no less than others concerned in that advice of the wise man, to keep the King's commandment, because of the oath of God, and not to be tardy to go out of his sight that doth whatever pleaseth him; wherefore they desire that seeing his Majesty hath already taken no little displeasure against us, as if we disowned his Majesty's jurisdiction over us, effectual care be taken, lest by refusing to attend his Majesty's order for clearing our pretences unto right and favour in that particular, we should plunge ourselves into great disfavour and danger.

"The receiving of a Charter from his Majesty's royal predecessor for the planting of this colony, with a confirmation of the same from his royal person, by our late address, sufficiently declares this place to be part of his dominions and ourselves his subjects. In testimony of which, also, the first Governor, Mr. Matthew Cradock (as we are informed), stands recorded juratus de fide et obedientia, before one of the Masters in Chancery; whence it is evident that if any proceedings of this colony have given occasion to his Majesty to say that we believe he hath no jurisdiction over us, what effectual course had need be taken to free ourselves from the incurring his Majesty's future displeasure by continuance in so dangerous an offence? And to give his Majesty all due satisfaction in that point, such an assertion would be no less destructive to our welfare than derogatory to his Majesty's honour. The doubtful interpretations of the words of a patent which there can be no reason to hope should ever be construed to the divesting of the sovereign prince of his Royal power over his natural subjects and liege people, is too frail a foundation to build such transcendent immunity and privilege upon.

"Your petitioners earnestly desire that no part will so irresistibly carry on any design of so dangerous a consequence as to necessitate their brethren equally engaged with them in the same undertaking to make their particular address to his Majesty, and declaring to the world, to clear themselves from the least imputation of so scandalous an evil as the appearance of disaffection or disloyalty to the person and government of their lawful prince and sovereign would be.