USA > Massachusetts > The history of Massachusetts, the colonial period. 1492-1692 v. I > Part 24
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From the known religious opinions of the complainants, and the professed opinions of those who abetted them, it hardly admits of doubt that the gravamen of the charges against the colony, was an alleged opposition to Episcopacy and the Anglican Church ; and the treatment of those who had been expelled from its jurisdiction was adduced in proof of such opposition. But it was easily proved, in the case of the chief offenders, that punishment was not in- flicted upon them because they were of the Episcopal Church, but because they were insubordinate to the colonial government; and Charles had discretion enough to see where the truth lay. Through the intervention of friends, therefore, especially Emanuel Downing, and Capt. Wig-
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1 Dudley, in Chron. Mass., 333; 121-2; 3 M. H. Coll., 3. 378, and Winthrop, 1. 65-8; Hubbard, 149- 8. 321. 53 ; Morton's Mem., 85; T. Morton, 2 Hubbard, 141, 145-6.
281
THE NEWS REACHES MASSACHUSETTS.
gins,1 these attempts were frustrated, and an order was CHAP. issued, which encouragingly says: "The appearances were Jan. 19,
x. so fair, and the hopes so great, that the country would prove 1632-3. both beneficial to this kingdom, and profitable to the par- ticular Adventurers, as that the Adventurers had cause to go on cheerfully with their undertakings, and rest assured, that if things were carried as was pretended when the Patents were granted, and according as by the Patents is appointed, his Majesty would not only maintain their liber- ties and privileges heretofore granted, but supply anything further that might tend to the good government of the place, and prosperity, and comfort to his people there. " 2
Tidings of this first conspiracy reached Boston a month Feb. 22. after the Order of Council issued; and in the meantime, the plantation was " preached against at Paul's Cross ;" scandalous reports continued to be circulated ; and two or three letters from individual colonists, who, in the effer- vescence of their zeal, denounced England as a "Babel and a Sodom," added fuel to the already formidable flame. It was not "a Spanish powder plot, nor an accounted invincible Armada, but a Spanish like French infection," against which the colony had now to contend; and their deliverance was esteemed " almost miraculous." But, hap- pily, Saltonstall, Humphrey, and Cradock, proved able defenders of their absent associates; Mr. Edward Howes, a " daily and hourly auditor and spectator of all the pas- sages " of the trial, bears honorable testimony to their zeal; 3 Francis Kirby speaks favorably of their efforts; 4 and upon a representation of their defense to the King, by Sir Thomas Jermayn, one of his Council, his Majesty was
1 See his Letters, in 3 M. H. Coll., Hutchinson, 1. 36; Hazard, 1. 324- 8. 320-4.
5 ; N. E. Gen. Reg., 8. 136.
2 Hubbard, 151-2, 703; Morton's Mem., 87-8; Winthrop, to Gov. Bradford, in Hutch. Coll., 52-4;
3 Letter, in 3 M. II. Coll., 9. 252-7. + Letter, in 3 M. H. Coll., 9. 258- 61.
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4
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282
FURTHER DIFFICULTIES.
CHAP. pleased to say, " that he would have them severely pun- x. ished which did abuse his governor and the plantation ; " and the defendants were dismissed with an order for their encouragement, " being assured, from some of the Council, that his Majesty did not intend to impose the ceremonies of the Church of England upon them, as it was considered that it was the freedom from such things that made people come over to the colony." 1
May, 1633. Jun. 19.
Information of this second repulse reached Boston in May, and a day of thanksgiving being kept in consequence, in which Plymouth was requested to join,2 an answer to the memorials of Gardiner was prepared, signed by the Gov- ernor, and all the Assistants except Mr. Dudley, and sent July. to England by Capt. Graves, with a certificate from the " old planters," certifying the loyalty of the colonists.3
Here matters might have rested, and the business of the colony have gone on prosperously, had not the arbitrariness of the King, and the increasing rigor of Laud, encouraged emigration to such an unparalleled extent, that "many of the best, both ministers and Christians," left England for America. This " breeding sad thoughts in those behind of the Lord's intention, and an apprehension of evil days to come upon England " -"a more ill-boding sign to the nation than the portentous blaze of comets, and the impres- sions in the air at which astrologers are dismayed "4-the Archbishops, and other dignitaries of the Church and of the Council, were alarmed'; and, making of the matter a Feb. 21, " State affair," a warrant was issued to stay several vessels 1633-4. then in the Thames ready to sail for New England, and for
1 Winthrop, 6. 119, 122-3; Hub- bard, 154. This fact is worthy of notice, and is an offset to the state- ment of Hildreth, that, when the Massachusetts Charter was granted, nothing was said upon the subject of religion.
2 Winthrop's Letter, in Hutch. Coll., 52.
3 Winthrop, 1. 126.
4 Milton, Book 2; Bancroft, 1. 406.
الاستيلاء ماحد شفيت ٠٠ ٠٠
283
A SPECIAL COMMISSION APPOINTED.
the patent of the Company to be brought to the Board.1 CHAP. The reply of Mr. Cradock was, that the charter was in x. America ; and a letter advising the colonists of this war- rant was sent to Boston. A meeting being called to con- July, sider the same, it was wisely concluded " not to return any 1634. answer or excuse to the Council at that time," as "it could not be done but by a general court, which was to be holden in September." Happily for the colonists, "the Ditch between England and their now place of abode was so wide, that they could not leap over with a lope-staff," 2 and distance of situation and effluxion of time were of infinite service in foiling the intentions of their querimoni- ous adversaries.
The same year, a measure still more threatening was Apr. 28, adopted. By a royal decree, a special commission was 1634. given, to the Archbishops of York and Canterbury, and ten others, fully empowering them, or any five of them, to regulate and govern the plantations of New England, temporally and spiritually ; to call to an account, and remove at their discretion, and with the royal consent, all governors or presidents ; and to examine all letters patent, suppressing the surreptitious, and revoking those trenching upon the prerogatives of royalty.3 Three days after, a May 1. commission for a General Governor passed the Privy Seal, a Governor was chosen, and vessels were provided for his conveyance to the country.4 These measures, in the esti- mation of even a pleader against the colonies, "exhibit a
1 Winthrop, 1. 161 ; Hubbard, Mass. Recs., vol. 1 .; Mather, b. i. 153, 703; Hazard, 1. 341-2; N. E. c. v. s. 7; Chron. Mass., 402-4; Coffin's Newbury, 12-13. Gen. Reg., 8. 136-7, where are the names of the vessels detained. Ac- cording to Hubbard, 154, the Letter from Lord Say and Scal, published in Hutchinson, 1. 433, arrived about this time, as also letters from Ire- land, signifying the intention of many there to remove hither. See also Savage's Winthrop, 1. 160;
2 Johnson, in 2 M. H. Coll., 2. 70. 3 Winthrop, 1. 171; Hubbard, 264-8, 698-702; Hutchinson, 1. 440-2; Chalmers, 158-9 ; Hazard, 1. 344-7 ; 1 M. H. Coll., 4. 119. 4 Winthrop, 1. 171, 192; Hub- bard, 169, 428, 703.
284
EDWARD WINSLOW SENT TO ENGLAND.
CHAP. true picture of the violent administration during this X. reign ;" and the "royal edict " is condemned, as " incon- sistent with every salutary principle of just government," and " contrary to that law which the petition of right had been so lately enacted to secure and enforce."1 Is it sur- prising, then, that they aroused indignation in America ? The news of such arbitrary proceedings, and the arrival of a boasting letter from Morton of Merry Mount, to his " good gossip " Jeffries, filled with "reviling speeches and threats against the plantation,"2 produced great excite- ment ; and provisions having been made for the erection of a fort at Boston, and another at Castle Island, with entrenchments at Dorchester and Charlestown,3 the magis- trates and deputies hastened the completion of the same, appropriating £600 for the purpose ; and, forgetting per- sonal piques in zeal for the public prosperity, they " discov- Jan. 19, ered their minds to each other," and all the ministers save 1634-5. Mr. Ward of Ipswich being present at Boston, and the question propounded, What shall be donc if a General Gov- ernor be sent over to us from England ? - with the sturdy spirit of Saxon independence, " all agreed that, if a Gen- eral Governor was sent, we ought not to accept him, but defend our lawful possessions, if we are able ; and other- wise to avoid or protract."
1634.
In the fall of this year, Mr. Edward Winslow, of Plymouth, was sent to England as joint agent for the col- onies of Plymouth and Massachusetts, to obtain a commis- sion to withstand the intrusions of the French and the Dutch, at the East and at the West; and, at his hearing before the Lords, the petition sent by him found good
1 Chalmers, Ann , 159. 92, 140, 157, 163-4, 166; John- son, in 2 M. H. Coll., 3. 138-9; Jos- selyn, in 3 M. II. Coll., 3. 378, &c., &c.
2 Winthrop, 1. 164; Hubbard, 169, 427-30; Hutchinson, 1. 35; Haz- ard, 1. 342-3.
3 Mass. Rec's., 1. 105, 108, 110, + Winthrop, 1. 171, 183 ; Belk- 123, 124, 136, 139; Winthrop, 1. nap's N. H., 1. App., xvii.
285
HIS IMPRISONMENT.
acceptance with most of them, and especially were they CHAP. inclined to favor it, because a way was pointed out by ~
x. which it might be effected without charge to the Crown. , But this crossed the purposes of Gorges and Mason ; and, as the Archbishop of Canterbury was, at that time, con- cocting his project of sending a General Governor to Amer- ica, at the request of Gorges, Morton of Merry Mount appeared as the accuser of the colonies ; but his accusations were so successfully answered by Mr. Winslow, and the conduct of the magistrates so triumphantly vindicated, that the Board " checked Morton, and rebuked him sharply, and also blamed Gorges and Mason for countenancing him." But Laud was not so casily baffled; and, as Morton had charged Mr. Winslow with exercising the functions of the ministry without being episcopally ordained, and with mar- rying while he held only a commission as a justice of the peace, on being questioned of the truth of these allegations, he frankly confessed that " sometimes, wanting a minister, he did exercise his gifts to help the edification of his breth- ren ;" and that, " about marriage, it was a civil thing, and he nowhere found in the word of God that it was tied to a minister." These answers were enough to arouse the latent malignity of the prelate ; and, by his vehement importunity, an order was passed for Mr. Winslow's commitment to the Fleet, where he was confined four months before he was liberated.1
Yet, notwithstanding the rigorous policy of the Crown, emigrants continued to leave ill-governed England, and to flock by hundreds to the American stand ; and several per- sons, whom the bishops were anxious to restrain, being on the eve of embarking, an order was sent to the Lord War- Dec., den of the Cinque Ports and other Haven Towns, " for the
1 Winthrop, 1. 163; Hubbard, Morton, 179; Hutchinson, 2. 409; 703; Morton's Mem., 94; Davis's N. E: Gen. Reg., 2. 242.
1634.
MOI .
286
DISSOLUTION OF THE COUNCIL FOR NEW ENGLAND.
CHAP. stopping of promiscuous and disorderly departing out of X. the realm."1 This step, however, produced less commotion in the colony than another, far more portentous, which speedily followed. The New England Council, a proud company of several years standing; whose affairs were conducted by philosophers, with Sir Kenelm Digby at their head ; and whose legal proceedings were advised by Sir Henry Spelman, one of the most eminent jurists of that day ; this distinguished body, long involved in controversies with the rival Virginia Company, and an inexorable Parliament, and the execution of whose projects had never corres- ponded to the grandeur with which they were conceived, was now in its dotage, and on the point of dissolution from its own debility. Its members, anticipating so melancholy an event, had some years before provided for its contin- gency by cantoning the whole country embraced in their patent into twelve petty Lordships, from the St. Croix to Maryland, partitioning it into distinct portions, to be en- joyed by themselves in severalty ;2 and now, at the instance April, 1635. of Gorges and Mason, they were ready to surrender the Great Patent, on condition of the confirmation of the divis- ions which had been made. This was their last coup d' etat ; and, as the documents show that one of their mo- tives was the overthrow of the Massachusetts Colony, the history of their scheme merits a more ample development.
The meeting for the discussion of this subject was held Apr. 25. at the chamber of the Earl of Carlisle, at Whitehall ; and a " Declaration " was drawn up, setting forth their "rea- sons " for the " resignation of the Great Charter." After briefly alluding to the faithful but fruitless endeavors of some of the Council for the advancement of the plantation
1 Winthrop, 1. 206; Hubbard, 703; Hazard, 1. 347-8. Winthrop, 1. 192; Hubbard, 88-9, 226-33; Chalmers, Revolt, 1. 56; ? Gorges, in 3 M. II. Coll., 6. 83; Hazard, 1. 388; Thornton's Land- Smith, in 3 M. H. Coll., 3. 21; ing, &c.
287
REASONS FOR THE SAME.
of New England, and to the "strange litigious questions" CHAP, with which they had been assaulted by the Virginia Com- x. pany, and the claims of the French ambassador for a por- tion of their territory, -following which there " only re- mained a Carcass, in a manner breathless," -they refer to the application of the Massachusetts Company for a patent ; and, falsely alleging that this grant was fraudu- lently and surreptitiously obtained, they assert, that the "intruders " as fraudulently, after driving out the former grantees, procured a confirmation of their patent of the King, and made themselves a free people, rending in pieces the first foundation of the building, framing unto themselves " new laws and new conceits of matters of religion, and forms of ecclesiastical government," and punishing " divers that would not approve thereof, some by whipping, and others by burning their houses over their heads, and some by banishing," so as to " make themselves absolute masters of the country, and unconscionable in their new laws." The aggrieved parties, they then add, applied to the Coun- cil for redress ; but that body being unable to give them suitable satisfaction, they petitioned the King for relief, who referred them to the Lords of the Privy Council, who sum- moned the members of the New England Council to give account by what authority, or by whose means these people were sent over; but they " casily made it appear that they had no hand in the evils committed, and wholly dis- claimed having had any hand therein," and "humbly referred to their Lordships to do what might best sort with their wisdom ; who found matters in so desperate a case, as that they saw a necessity for his Majesty to take the whole business into his own hands."
For these reasons, the resignation of the Charter was agreed to; and, after presenting to the King the " Humble May 2, Petition of Edward, Lord Gorges, President of the Council 1635. of New England, in the name of himself and divers Lords
288
SURRENDER OF THE GREAT PATENT.
CHAP. and others of the said Council," praying him to " order X. Mr. Attorney General to draw Patents " for confirmation June 7, of their several parcels of land, a formal Act of Surrender 1635. was executed, giving up " all and every the liberties, licen- ses, powers, privileges, and authorities therein granted."1
Such were the circumstances attending the surrender of the Great Patent, and the dissolution of the Company from which so much had been expected, and by which so little had been performed. The colonists, advised of the dan- gers to which they were exposed, were in a state of per- plexity ; the rumor of a General Governor was renewed ; and it was even said that a ship had been prepared, which was to forward that dreaded functionary to America, but in launching, " she turned on one side and broke her back ;" and the death of Mason occurring soon after, Gorges withdrew from the contest, and there the matter ended.2
Yet the interval of repose to the colonies was compara- tively transient, for the next year the machinations of their adversaries were renewed. Though some of the Privy Coun- cil were their friends, the King and Laud were their bitter 1636. opposers ; and at the Trinity term, the Attorney General, Sir John Banks, filed an Information against the Massachu- Jun. 17. setts Company ; a Quo Warranto issued, directed to the Sheriffs of London, against the Company ; and fourteen of the members, besides Mr. Cradock, appearing at the ensu- ing Michælmas, and at other times, judgment was given that none of them should, "for the future, intermeddle with any of the liberties, privileges, or franchises afore- said," but should be forever excluded from all use and claim of the same, and every of them; Mr. Cradock was
1 Hazard, 1. 390-5 ; Hubbard, 403; D'Ewes Autobiog. ; 4 M. H. 272.
? Winthrop, 1. 192, 223; 2. 14;
Coll., 1. 250; Belknap's N. H., 1. App., p. xv. Hubbard, 180, 233 ; Hazard, 1. 347,
-
289
PERSECUTING POLICY OF THE KING.
convicted of the usurpation charged in the Information, and CHAP. held to answer to the King; and " the said liberties, privi -~ leges, and franchises," were "taken and seized into the King's hands." "The rest of the patentees stood outlawed, and no judgment entered up against them."1 Under ordi- nary circumstances, this would have been equivalent to a revocation of the charter; but the whole affair was so bunglingly managed on the part of the Crown, that, in 1678, two eminent lawyers, Jones and Winnington, gave it as their official opinion, that the Quo Warranto was not " so brought, nor the judgment thereupon so given, as could cause a dissolution of the said Charter ; " and hence that instrument remained unrevoked.2
The persecuting policy of Charles towards the colonies, and the state of turmoil and perplexity into which his mind was cast at this time, are evident from his repeated, and seemingly frantic attempts, to check the progress of emi- gration from the kingdom. The adage, " Quem Deus vult perdere, prius dementat," was strikingly exemplified in his case. Order followed Order, and Warrant followed War- rant, in quick and rapid succession. A few months after the Quo Warranto issued, an Order was sent to the Lord 1636. Admiral, to " stop ministers unconformable to the discipline and ceremonies of the Church," from transporting them- selves " to the Sumer Islands, and other his Majestie's plantations abroad ; "3 and this was followed by another, Apr. 30, to the officers of the ports in England, Wales, and Berwick, 1637. " against the disorderly transporting his Majestie's subjects to the Plantations within the parts of America."4 Pre- viously, a commission from the Chancery Court was sent to
Nov. 9, 1636.
1 Hubbard, 268, 272, 707; Hutch- inson, 1. 85; Coll., 101-05; Haz- ard, 1. 423-5; 2 M. H. Coll., 8. 97 ; Belknap, 1. App., xiii.
2 Chalmers, Ann., 162, 439 ; Re- volt, 1. 55 ; Story's Com., 1. 54.
3 Rushworth, 2. 410 ; Hazard, 1. 420; Hubbard.
+ Hubbard ; Rymer, 20. 143; Hazard, 1. 421.
25
290
PROCEEDINGS AGAINST THE COLONY.
CHAP. some private gentlemen in the colony, to examine witnesses X. in a cause there depending ; but, through jealousy, " noth- ing was done in it, nor any return made."1 Shortly after, a commission from the Commissioners for Plantations was issued to divers of the magistrates, " to govern all the peo- ple in New England until further order ; " and a copy of the same was forwarded to Boston : but the original never arrived, staying "at the scal for want of paying fees."2 May 3, Next followed an Order of Council to the Attorney Gen- 1637. eral, to call for the Massachusetts Patent ; but no result was attained.3 Sir Ferdinando Gorges was then appointed July 2. Governor General of the country, and4 a sub-commission was sent by him to several gentlemen in Massachusetts, to "govern his province of New Somersetshire ;" but, being "observed as a matter of no good discretion," it was "passed over in silence."
Ere long, however, this series of persecutions was des- tined to end ; and, after the issue of the Order to the Court Feb. 4, of High Commission, the troubles in Scotland, which imme- 1637-8. diately sprung up, so completely occupied the time and attention of Charles and his Council, that they had " nei- ther heart nor leisure to look much after New England's -. affairs," and the measure of sending a General Governor took no effect.5 Yet, though the storm thickened around the head of the deluded monarch, a new Order was issued Mar. 30, for the stay of eight ships then in the Thames, which are 1638. said -though the statement has been doubted-to have had on board Pym, Hampden, Haslerig, Cromwell, and others, subsequently conspicuous in the annals of the Long Apr. 4. Parliament.6 This was followed by a new Order for the
1 Winthrop, 1. 244.
2 Winthrop, 1. 269, 276.
3 Hubbard, 272-3; Hutchinson, 1. 85; Belknap's N. H., 1. App., xiii ; N. E. Gen. Reg., 8. 138. 4 Winthrop, 1. 276, 317; Hub- bard, 261, 707; Chalmers, Ann., 162.
5 Winthrop, 1. 320.
6 Winthrop, 1. 319-20; Rush- worth, 2. 409; Hazard, 1. 422. The date of this Order is Mar. 30, 1638, in N. E. Gen. Reg., 8. 138, where are others of the same year.
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291
INTERNAL ENEMIES.
Massachusetts Patent to be called in ;1 and two days after, CHAP. by an Order for a Proclamation to prohibit the transporta- tion of passengers to New England without license.2 In Apr. 6, 1638. the following month, this Proclamation appeared ;3 and a May 1. few months later, the warrant of 1636, to the Lord Admi- Ang. 19. ral, to stop unconformable ministers was repeated.4
Nor were there wanting enemies within the colony, employed as informers by enemies abroad. For some time, suspicions had been entertained of one Burdet,5 a man of ill-name and ill-fame, infamous for incontinency, who passed as a clergyman, but who was in reality a spy of Laud. This man had sent to England various charges against the colonists, accusing them of aiming, " not at new discipline, but at sovereignty," and asserting, that "it was accounted treason in their general courts to speak of appeals to the king." 6 Capt. Underhill, and Hanserd Knollys, also, joined with Burdet in swelling the list of grievances.' In consequence of these charges, a letter from Thomas Meau- July? tis, Clerk of the Privy Council, was received at Boston, 1638. containing the Order for the return of the Patent; 8 and at the fall court,' a reply was drawn up, setting forth the rea- Sept. sons for not complying with this demand ; - for it was sturdily resolved " not to be best to send back the patent, because their friends in England would conceive that it was surrendered, and therefore the colony would be bound to receive such a governor and such orders as might be sent to them, and many bad and weak minds would think it law- ful, if not necessary, to accept a general governor."
1 Winthrop, 1. 359-60 ; [Hutch. Coll., 105 ; Hubbard, 268-9; Haz- ard, 1. 432-3.
2 Winthrop, 1. 320 ; Rushworth, 2. 718; Hazard, 1. 433 ; N. E. Gen. Reg., 8. 139.
3 Rymer, 20. 223; Hazard, 1. 434.
4 Rushworth, 2. 721; Hazard, 1. 420.
5 Winthrop, 1. 332; Hubbard, 221, 253 ; Belknap's N. H., 1. 36. 6 Winthrop, 1. 338, 358-9; IIub- bard, 263, 353-6; Hutchinson, 1. 85. 7 Winthrop, 1. 369, 392-3; Hub- bard, 351.
8 Winthrop, 1. 329; Hubbard, 268-71. 9 Winthrop, 1. 323-4, 329-30; · Hubbard, 269-71.
292
THE PETITION TO THE KING.
CHAP. X. In this document, a memorable specimen of skilful diplo- macy, the colonists profess their willingness to yield all due 1638. obedience to the king, but say : "We came into these remote parts with his Majesty's license and encouragement, under his Great Seal of England, and in the confidence we had of the assurance of his favor, we have transported our families and estates; and if our patent should now' be taken from us, many thousand souls will be exposed to ruin, being laid open to the injuries of all men ; the rest of the plantations about us, if we leave the place, will for the most part dissolve and go with us, and then the whole coun- try will fall into the hands of the French or the Dutch ; if we should lose all our labor, and be deprived of those lib- erties which his Majesty hath granted us, and nothing laid to our charge, nor any failing found in point of allegiance, it will discourage all men hercafter from the like under- takings upon confidence of his Majesty's Royal Grant ; and lastly, if our patent be taken from us, the common people will conceive that his Majesty hath cast them off, and that hereby they are freed from all allegiance and subjection, and therefore will be ready to confederate themselves under a new government, for their necessary safety and subsist- ence, which will be a dangerous example to other Planta- tions, and perilous to ourselves, of incurring his Majesty's displeasure, which we would by all means avoid."
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