USA > Massachusetts > The history of Massachusetts, the colonial period. 1492-1692 v. I > Part 28
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1 Winthrop, 2. 119. by the Assistants and Deputies al-
? From Mass. Rec's., 3. 80, it would seem that in 1646, if not earlier, the preachers were selected
ternately.
8 Winthrop, 2. 268.
1644.
332
POLITICAL DISCUSSIONS.
CHAP. innovation." The Governor and others inclined to censure XII. this work, as containing " offensive and unwarrantable " passages, and proposed to submit to the clergy the " sound- ness of the propositions and arguments." This the court would not allow, unless the whole case was referred ; and the author was discharged uncensured.1
Such differences could not long exist without leading to important results ; and, as the charter government was highly aristocratical, and the people were in favor of " larger liberties," there was a jealousy of the power of June 5, the magistrates, and a strenuous attempt to limit this 1644. power. A commission was drawn up by the deputies, authorizing seven of the magistrates, and three of the dep- uties, with Mr. Ward, of Ipswich, to "order all affairs of the Commonwealth in the vacancy of the general court." This proposition was repelled as dangerous, tending to subvert the foundations of the government ; and the depu- ties were desired to " consider of a way how this danger might be avoided and the liberties of the freemen preserved inviolable." A conference was held. The exceptions of the magistrates were, that the creation of general officers was reserved to the courts of election ; that four of the magistrates were omitted in the commission ; and that the commission itself was contrary to the patent. In reply, precedents were urged, in the appointment of councils of war, and other similar departures from the charter ; and it was contended, that the assistants had no power but what was given them by the court. The magistrates denied the validity of these precedents, and urged, that the patent had been varied from only in non-essentials; and that the fact of the election of governor and assistants implied authority to govern at all times, otherwise, in the vacancy of the courts, there was no power to order, dispose, or punish, in cases where there was no positive law.
1 Mass. Rec's., 2. 5, 20-1; Winthrop, 2. 77-8, 107-09 ; Hubbard, 385-9.
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333
POLITICAL DISCUSSIONS.
As a compromise, a new commission was introduced, CHAP. relating to cases of war only, and including all the magis- XII. trates ; but the question of its adoption was referred to the
~ next Court, when the whole controversy was decided with Oct. 30, the assistance of the elders. The magistrates were con- 1644. ceded to be, both by patent and clection, the standing council in the vacancy of the courts, with power to act in all cases according to law. Legislative and consultative powers were conceded to belong to the freemen with the mag- istrates ; but judicial powers were vested solely in the mag- istrates, except in cases of removal or appeal, in the decision of which the freemen were entitled to act. 1 Thus ended the struggle for a season; and the discussion shows the jealousy. of the people to guard against arbitrary power. Yet, notwithstanding " these differences, they continued in brotherly love, and in the exercise of friendly offices to each other, as occasion required."
We have remarked that the appointment of a Governor- general was not particularly acceptable to Massachusetts. But the dissatisfaction of the people did not prevent a suitable acknowledgment of allegiance to England ; and, by an Order of Court, it was decreed, that "whosoever May 29, should, by word, writing, or action, endeavor to disturb the 1641. public peace, directly or indirectly, by drawing a party, under the pretense that he was for the King of England, and such as joined with him against the Parliament, should be accounted an offender of a high nature against the Com- monwealth, to be proceeded with, either capitally or other- wise, according to the quality or degree of his offense." It was wisely provided, however, that this should not "ex- tend against any merchants, strangers, and shipmen, that come hither merely for trade and merchandise, albeit they should come from any of those parts that are in the hands
1 Mass. Rec's., 2. 90-6; 3. 11, 2. 204-8, 228, 250-7; Hutch. Coll., under date May 14, 1645; Winthrop, 179-88; Hubbard, 392-401.
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١٥٠ ٫٫وتجيب _لط -.
334
SEIZURE OF A DARTMOUTH SHIP.
CHAP. of the King ; and such as adhere to them against the Par- XII. liament, carrying themselves quietly and free from raising or nourishing any faction, mutiny, or sedition," &c. 2
The situation of the contending parties in England, ex- posed vessels to capture, both by Parliament and by the King; and, as the latter made no distinction between colonial and national vessels, the commerce of the colonies suffered some checks. Hence several merchants of Boston, whose ship had been seized on the coast of Wales, demanded redress by the seizure of a Dartmouth ship then in the har- Sep. 19, bor ; and an order was sent for her surrender. With this 1646. order her commander complied "the more willingly, for that some London ships of greater force, also riding in the harbor, had threatened to take him." The next morning Capt. Richardson, under pretense of a commission from the Lord Admiral, "fitted his ship to take her ;" but the magis- trates interfered, and an officer was sent to prevent ·his proceeding. Resistance being shown, a warning gun was fired from the fort, which " cut a rope in the head of his ship," and one of his crew went below to return the fire. Another gun was discharged from the battery, but without harm; and forty men being sent to take possession of the Dartmouth ship, Capt. Richardson came on shore, acknowl- edged his error, and was released on paying a barrel of powder, and satisfying the officers and soldiers whom he had made it necessary to employ. It was the firm intention of the magistrates to have sunk his vessel, had he not yielded ; but his submission prevented the effusion of blood, and he was forbidden to intermeddle with any ship in the harbor, his commission " not being under the great seal, nor grounded upon any ordinance of Parliament." Subse- Nov. 13. quently, to secure neutrality, a commission was appointed, consisting of Major Edward Gibbons, and Major Robert
2 Mass. Rec's., 2. 69; IIutchinson, 1. 128; Chalmers, Ann., 175 ; Hazard, 1. 526.
335
DIFFICULTIES WITHIN THE COLONY.
Sedgewick, " to keep the peace, and not to permit any ships CHAP. to fight in the harbor without license from authority." 1 XII. Yet all ships from any of the ports of England or else- where, coming peaceably, were to have free access to the harbors, and protection, by paying the duties and charges required by the government. 2
The year previous to this, by the advice of Mr. Welde, one April, of the Agents of the colony, a commission was sent to Mr. 1645. Pocock and others, of London, to receive all public letters and despatches, and debts due, or donations made, and to dispose of them by direction under the public seal.8 This commission originated, in part, from the complaints of dis- affected persons, hostile to the government of Massachu- setts, who had gone to England with their grievances, seek- ing redress ; and this and the next year were marked by a succession of such complaints, which called for the exercise of all that diplomacy for which our fathers had become noted.
A difficulty within the colony was the precursor of the most serious of these complaints, and revived the old strug- gle between the magistrates and the freemen. An election of military officers had taken place at Hingham ; but the people, dissatisfied with the officer sent up for confirmation, made a new choice. The magistrates, taking the part of the rejected candidate, were involved in a dispute with the friends of the second, at the head of whom was Mr. Hobart, the pastor of the church at Hingham, who was apprehended for his alleged insubordination. At the next Court, Mr. May 14, Hobart and others, to the number of eighty-one, presented 1615. a petition to the deputies craving a hearing, and complain-
1 Maritime Papers, vol. 1. fol. about this date, growing out of the disturbances in England. See Mass. Archives, Maritime Papers; and Mass. Rec's., vol. 3, passim.
168, et. seq .; Mass. Rec's., 2. 79, 82, 116; 3. 16, 17, 38; Winthrop, 2. 235, 238-40, 302-3.
2 Mass. Rec's., 3. 12. There were difficulties with a number of ships
3 Mass. Rec's., 2. 86; Winthrop, 2. 260-1.
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336
DIFFICULTIES WITHIN THE COLONY.
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CHAP. ing of the conduct of the magistrates as an infringement XII. of their liberties. The magistrates refused to consent to a
1615. hearing, unless the charges were made specific, and the petitioners named the magistrates they intended. The Deputy Governor, Mr. Winthrop, was named, and two of the petitioners undertook the prosecution. The case was argued long before a decision was effected. Two of the magistrates and many of the deputies were of opinion, that too much power had been exercised, and that the liber- ties of the people were in danger; but the rest of the depu- ties, being about one half, and the rest of the magistrates, were of opinion that "authority was over much slighted, which, if not timely remedied, would endanger the Com- monwealth, and bring us to a mere democracy." As the issue, the chief petitioners and offenders were fined, and Mr. Winthrop was acquitted.
Throughout the trial, the Deputy Governor had refused to take his usual seat with the magistrates, but placed himself at the bar, and sat uncovered ; and, when the decision of the court was pronounced, he desired a hearing, and in a "little speech," vindicated his own conduct, and that of his associates. "The questions that have troubled the country," said he, " relate to the authority of the magis- trates, and the liberty of the people. It is yourselves who have called us to this office, and being called by you, we have an authority from God, in way of an ordinance. Civil liberty is the proper end and object of authority, and cannot subsist without it; and it is a liberty to that only, which is good, and just, and honest. This liberty you are to stand for, with the hazard not only of your goods, but of your lives, if need be. Whatsoever crosseth this, is not authority, but a distemper thereof."1
1 Mass. Rec's., 2. 97, 113-14 ; 3. 270-88, 312 ; 2 M. H. Coll., 4. 108 ; 12, 17, 18, 19-26; Winthrop, 2. 3 M. H. Coll., 2. 115.
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337
NEW DISSENSIONS.
Happy for the people had such sentiments been appre- CHAP. ciated by all! But the spirit of faction is not easily ~ XII. allayed ; and another, and a more serious disturbance, grew out of the " old root." From the first settlement of the colony, there had been an infusion into its population of persons inimical to the views of the Puritans, who, dissat- isfied with the government, both civil and ecclesiastical, were loud in their complaints of arbitrariness and exclu- siveness. Attempts had been made by some of these per- sons, to procure the sanction of the magistrates for the establishment of Presbyterian churches, and the court had gone so far as to express a willingness to concede this point,1 though anabaptist sentiments, which were beginning to spread, but which were regarded as " an engine framed to cut the throat of the infantry of the churches," had been expressly condemned, and long continued to be persecuted.2 A proposition had likewise been made for " all the English Marci !. within the United Colonies, to enter into a civil agreement 1643-1. for the maintenance of religion, and civil liberty, and for yielding some more of the freemen's privileges to such as were no church members, that should join in the govern- ment ;" but " nothing was effected for want of opportunity for meeting."3 Books in defense of toleration, and advo- cating anabaptist sentiments, had arrived in the country, and had been put into circulation ;4 and advantage was taken of the temporary ascendency of Presbyterianism in Parliament, to spread the flames of discord in the New World ; and, in the estimation of our fathers, " the apparent purpose of advancing religious freedom was made to dis- guise measures of the deadliest hostility to the frame of
1 Winthrop, 2. 304. 3 Winthrop, 2. 321.
4 Winthrop, 2. 304; Hubbard,
2 Mass. Rec., 3. 51, 64; Hutch- inson, vol. 1; Clarke's Ill News, in 4 M. H. Coll., 2; Frothingham's Chas'n., 163-73.
415.
1,5 tpr
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338
STRUGGLE FOR THE ADVANCEMENT OF RELIGIOUS LIBERTY.
CHAP. civil government." The movements of the disaffected
XII. were carefully concealed under the guise of enlarging the liberties of the people ; and all the elements of opposition were rallied, to aid in carrying out their scheme. It was a struggle analogous to those which had already convulsed the community, in the times of Roger Williams, and Mrs. Hutchinson ; and was one of those combinations, necessary to break down the intolerance of the Puritan churches, and eliminate the leaven of bigotry with which they were per- meated : - though, like all preceding, and several subse- quent struggles, it was crushed by the strong arm of power, and failed of success.
Oct.
1645.
The principal persons connected with this controversy were, William Vassall, of Scituate, a prominent member of the church in that town, and an original member of the Massachusetts Company ; Dr. Robert Child, of Hingham, a physician from Padua, and a gentleman of respectable scientific attainments, notwithstanding he was suspected as a "Jesuit ; " and Mr. Samuel Maverick, a zealous Episco- palian, who occupied Noddle's Island before the settlement of Boston. The movement began in Plymouth, by a propo- sition for a " full and free tolerance of religion to all men that would preserve the civil peace and submit unto govern- ment; and there was no limitation or exception against Turk, Jew, Papist, Arian, Socinian, Nicolaitan, Familist, or any other." "You would have admired," wrote Wins- low, " to have seen how sweet this carrion relished to the palate of most of the deputies."
Knowing, as we do, the views of the Pilgrims, is it sur- prising that such a proposition alarmed the thoughtful, and was esteemed dangerous above all others to the peace of the churches ? The magistrates, accordingly, combined to defeat the movement ; and the theater of action was trans- ferred to Massachusetts. Here, a petition was preferred, signed by seven persons, in which they say : " We cannot, .
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339
PETITION OF CHILD AND OTHERS.
according to our judgment, discover a settled form of gov- CHAP. ernment here, according to the laws of England. Neither XII. do we so understand and perceive our own laws or liberties, as that thereby there may be a sure and comfortable enjoy- ment of our lives, liberties, and estates, according to our due and natural rights, as freeborn subjects of the English · nation. There are many thousands, also, in these planta- tions, freeborn, quiet, and peaccable men, who are debarred from all civil employments ; and members of the Church of England, with their posterity, are detained from the seals of the covenant of free grace. We entreat the redress of these grievances ; and these things being granted, by the blessing of God to us in Christ, we hope to see the now contemned ordinances of God highly prized ; the gospel, much darkened, break forth as the sun at noon-day ; christian charity and brotherly love, almost frozen, wax warm; zeal and holy emulation more fervent; jealousy of arbitrary government, the bane of all commonwealths, quite banished ; secret discontents, fretting like cankers, remedied ; mer- chandise and shipping, by special providence wasted, speed- ily increased ; mines undertaken with more checrfulness ; fishing with more forwardness ; husbandry, now withering, forthwith flourishing ; and villages and plantations, much deserted, presently more populous."
It is obvious that this document was designed for a wider circulation than in the single colony of Massachusetts, for copies were rapidly spread into the adjoining governments of Plymouth, Connecticut, and New Haven ; "nay, even to the Dutch Plantations, Virginia, and the Bermudas." It was well understood, too, that it was expected to reach English cars, and that it was to be forwarded to Parlia- ment, and pressed on its attention. In fact, it was the most formidable league for the advancement of religious freedom, that had yet been witnessed in New England ; and, though there may have been personal ends mixed up
1615. . .
340
MR. WINSLOW SENT TO ENGLAND.
CHAP. with others of a more general character, the object of the XII. movement was not in itself particularly reprehensible : the only difficulty was, that it was unfortunately urged at the wrong time and in the wrong way to effect much good. For the magistrates of Massachusetts, vigilant to preserve the purity of the churches, and to suppress every attempt to open a breach in the walls of their spiritual Zion, took Nov. 4, prompt and decided action in the premises; and a declara- 1616. tion was set forth, in reply to the petition, in which its charges were examined with freedom, if not with cogency.
As an efficient agent would be needed in England to answer these charges, should they reach Parliament, and 1646. the charges of Gorton, who had already crossed the Atlan- tic, Mr. Edward Winslow, of Plymouth, was chosen for that purpose ;1 and, as the matter was one of " great con- cernment," the elders were called in, Mr. Hobart only being excluded, and the doors being closed, a discussion ensued, embracing the relation of the colonies to England. " By the charter," it was decided, " full and absolute power is conferred upon the Company. No right of appeal is reserved. Parliament cannot violate this charter, or set over us a General Governor without our consent. The colony is as independent as the Hanse Towns of Germany. No new charter is needed, nor can such an one be accepted. The dependence of the colony upon the parent state is chiefly for protection, and the immunities of Englishmen, as free denization, &c."
Some of the petitioners were preparing to proceed to England to advocate their own cause; but the magistrates, suspicious of their intentions, summoned them to appear and submit to an examination. This examination proving unsatisfactory, they were put under bonds for their second appearance, at which they were fined for their " seditious
1 Morton's Mem., 123-4; Mass. ton is in Mass. Rec's., 3. 95-8, and Rec's., 3. 79. The answer to Gor- is a document worthy of notice.
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PARLIAMENT FAVORS THE COLONISTS.
341
proceedings," three only of the magistrates, Bellingham, CHAP. Bradstreet, and Saltonstall, dissenting from the verdict .~
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XII. As the conduct of Dr. Child was still menacing, and as he was preparing to leave for England in a ship about ready to sail, to prevent him from carrying over documents to support his charges, his trunks were searched, and the study of Mr. Dand, another of the petitioners, was ran- sacked, and a large number of "seditious " papers were seized and secured. Once more, therefore, Child and Dand were apprehended, and committed until the ship had left ; after which Child was released, " but confined to his house to appear at the next Court of Assistants."
Sailing from Boston towards the last of December, Mr. Doc .. Winslow, on arriving in England, delivered his letters to the Earl of Warwick, and to Sir Henry Vane ; and a day of audience was appointed, at which Gorton and his friends appeared, with their complaints, and a brother of Dr. Child, with his petition ; but the result was a vindication of the colonists, Parliament disclaiming any intention of interfering in their affairs, or sanctioning appeals from the just decisions of their courts. " We encourage," say they, " no appeals from your decisions. We leave you with all the freedom and latitude, that may, in any respect, be claimed by you." 1
Nor is this decision surprising. Massachusetts had, from the outset, sympathized with Parliament in its contest with the King, and had blended her fortunes with the fortunes of the reformers. She had expressed her willingness to " rise and fall with them," and "sent over useful men, others going voluntarily to their aid, who were of good use, and did acceptable service to the army."2 Her loyalty, there-
1 On this affair, see Winthrop, vol. 2; Mass. Rec's., vols. 2,'and 3; Winslow's Hypocrisy Unmasked ; Child's New England's Jonas; Hutch- inson, 1. 136-40, &c.
: Winthrop, 2. - John Leverett, afterwards Gov. of Mass., was one of these, and was appointed a Capt. in Rainsborrow's regiment.
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1646.
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342
ORDINANCE AGAINST VIRGINIA.
CHAP. fore, procured for her the protection of Parliament. Yet XII. the execution of Charles, which royalists have ever regarded with the utmost abhorrence, was not openly approved here. "I find," says Hutchinson, " scarce any marks of appro- 1649. bation of the tragical scene of which this year they re- ceived intelligence."1 The few allusions we have discov- ered, are none of them couched in terms of exultation.
Virginia pursued a different course, and openly resisted Parliament, refused to submit to its decrees, and adhered to the cause of royalty ; and, when the Monarch was beheaded, the claims of his son were immediately recog- nized. The Cavaliers, who emigrated to America, inflamed this spirit of loyalty ; and on the shores of the Chesapeake, " every house was for them a hostelry, and every planter a friend." Charles the Second, from Breda, transmitted to Berkley a new commission as Governor ; and Virginia remained "whole for monarchy," and was " the last country belonging to England that submitted to obedience of the Commonwealth." 2
In consequence of this contumacy of the Southern Colo- Oct. 3, nies, a memorable ordinance was passed, empowering the 1650. council of state to reduce them to submission ; their privi- leges of trade were cut off ; and it was made lawful to seize all ships trading with "the said rebels."3 Massa- May 22, chusetts passed a similar law, and prohibited intercourse 1651. with " Barbadoes, Antigua, Bermudas, and Virginia " until the supremacy of the Commonwealth was acknowledged ; but finding this prohibition detrimental to her own com- merce, upon the setting forth of the fleet under Sir George Oct. 16. Ayscue for the reduction of Barbadoes, the Act was modi- fied, though not fully withdrawn.4
Yet the legislation of the Commonwealth was not wholly
1 Hist. Mass., 1. 147. 3 Hazard, 1. 636-8.
3 Hammond's Leah and Rachel, in Force, vol. 3, Tract 13 ; Bancroft, 1. 211.
4 Maritime Papers, vol. 1. fol. 21; Mass. Rec's., 3. 224, 240 ; Hazard, 1. 553, 558.
343
CROMWELL'S INVITATION TO THE PURITANS.
favorable even to Massachusetts. The proclamation rela- CHAP. tive to Virginia, asserted, in general terms, the power of
651.
XII. appointing Governors and Commissioners to be placed in all the English colonies, without exception ; and by Mr. Winslow, their agent in England, they were informed, that it was the pleasure of Parliament the patent of Massachu- setts should be returned, and a new one taken out, under which courts were to be held, and warrants issued. With this request the people were indisposed to comply ; and, too wary to hazard the liberties so dearly purchased, a petition was drawn up, pleading the cause of the colony with great unction, setting forth its allegiance, and express- ing the hope that, under the new government, things might not go worse with them than under that of the King, and that their charter might not be recalled, as they desired no better. This remonstrance was successful ; the measure was dropped, and the charter of Charles continued in force. Parliament was not "foiled " by the colony. Its request was deemed reasonable ; and there was no disposition to invade forcibly its liberties.
. We have evidence of this in the course of Cromwell. After his success in the "Emerald Isle," conceiving the project of introducing Puritanism into Ireland, an invita- tion was extended to the people of Massachusetts to remove thither, and settle. But they were too strongly attached to the land of their adoption, and to its government, "the happiest and wisest this day in the world," readily to desert it. Hence the well-meant proposal of the Lord Protector was respectfully declined. 2 With their letter in reply to his request, the Petition to Parliament was sent, and his intervention was solicited, to avert the sad consequences apprehended from the recal of the Charter; and though we have no positive evidence that he interposed directly in
1 Hutchinson, 1. App., 8; Chal- 2 Hutchinson, 1. App., 9; 4 M. mers, Ann., 184; Grahame, 1. 204. H. Coll., 2. 115-18.
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344
COURSE OF THE COLONIES.
.CHAP. their behalf, there are strong probabilities favoring such an XII. inference. His correspondence with Mr. Cotton, is a proof of his sympathy with the colonists;1 and his offers to induce 1655. them to remove to Jamaica, - a project in which the zeal- ous Gookin was deeply interested,2 -prove the friendli- ness of his feelings, and his interest in their welfare.3 The Scotch prisoners, sent hither after the battle of Dunbar, were an important accession to the population of the coun- try ; and a number of these exiles became the founders of families of high respectability. ‘
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