USA > Massachusetts > The history of Massachusetts, the colonial period. 1492-1692 v. I > Part 31
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1 Bishop, 336-40.
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370
MANDAMUS OF THE KING.
CHAP. who had already been banished from New England on XIII. pain of death, and a ship was hired for his conveyance to America.
Little can we conceive the consternation which was pro- duced, when, on the Sabbath, the news spread through Boston, that there " was a vessel in the harbor filled with Quakers," and that "Shattuck, the devil, and all had come."1 But the passengers were kept close until the fol lowing day, when Shattuck, the King's Deputy, and Gold- smith, the Captain of the ship, walked to the residence of Governor Endicott, and knocked for admission. " Your business," was the inquiry of the servant. "We come from the King," was the reply, " and can deliver our mes- sage to the Governor alone." Being admitted, the Gov- ernor came to them, and ordered Shattuck's hat to be taken off ; but when the Mandamus was placed in his hands, he took off his own hat, and returned that of the messenger. The Deputy Governor was sought, and a consultation was held; and the laconic reply was: "We shall obey his Majesty's command." Liberty was given the passengers to land ; a number of " Friends " were released from prison ; and there was a general re-union and rejoicing among them. 2
The compliance of the Magistrates with the Mandamus of the King was reluctantly given ; and policy alone prob- ably induced consent. For the Quakers did not escape without some punishment. Two at least were whipped through the streets, and driven into the wilderness; two were remanded to prison; and two, who had been once banished, were whipped at the cart's tail in three several towns. Yet, to propitiate the favor of the King, and to prevent prejudice from the complaints of the Quakers, and others, messengers were sent to England by the colony.
2 Bishop, 345. 1 Fox, 241-2; Besse, 2. 226; Bishop, 345; Sewall, 1., vol. 1.
371
AGENTS SENT TO ENGLAND.
Mr. Bradstreet and Mr. Norton were the persons selected, CHAP. and they were favorably received by the King : but no XIII. m sooner did the Quakers hear of their arrival, than they called them to an account for the murder of their friends, and demanded redress for the wrongs they had suffered. The messengers were alarmed; but the Quakers were lenient, and they escaped uninjured. 1
From this date the rigor of the colonial laws abated ; and, though disturbances continued for upwards of twenty years, and large sums of money were extorted, and a vast amount of suffering endured in the earlier stages of their persecution, as their own conduct became more tractable, and as they became sensible of the folly of their former course, and sobered down into quiet and peaceable citizens, they were suffered to remain in the colony without special molestation ; though never, under the Charter government, were they treated with mildness. We have no disposition to exonerate the Puritans of Massachusetts from blame in their treatment of the Quakers. Forgetting that them- selves were "judged in their judgment, and executed in their execution," they allowed their horror of heresy to transport them beyond the bounds both of reason and jus- tice ; and the irregular and tumultuous modes of redress which they unhappily adopted, seriously reflect upon their moderation and prudence. The principles of toleration, however, were but little understood at that time, and only to a slight extent had they gained ground over blind bigotry. They were exceedingly obnoxious to the arbitrary temper of many of the politicians of the colony, and wanted, per- haps, experimental proofs of their safety and efficacy to recommend them to the cordial adoption of all. Yet it is worthy of notice, that what all would now concur in cen- suring as reprehensible, if practised at the present day,
1 Fox, 243-4; Besse, 2. 270; Bishop, 46-7, 352 ; Coddington's Demonstration, 7-8.
372
REFLECTIONS.
CHAP. sprung then less from the rancor of superstition, than from XIII. political motives, upon which the laws against dissent adopted by the Anglican Church, and copied by the Puritans, were principally based. There was doubtless enough superstition in the creed of the colonists; and if we have outgrown the same, let us be thankful for it. But let us not censure too harshly the conduct of men to whom we are so largely indebted for the blessings we enjoy. We would, so far as possible, cast over their errors the mantle of charity. We have no disposition to conceal those errors, neither would we magnify them to an undue extent. Future ages, per- haps, in considering the laws of the middle of the nine- teenth century, will look back with wonder to our days, and may find it as difficult to conceive how we should have strayed so far from that spirit of the gospel as then under- stood, as we find it difficult to conceive how our ancestors should have strayed so far from that spirit as we under stand it. Let each age be judged by its own light, and let due credit be given for all that was good in the past. Laws have been passed, even in our own days, which prove that we have little reason to boast of our superior enlighten- ment.
CHAPTER XIV.
MASSACHUSETTS AND CHARLES THE SECOND.
THE return of the Stuarts to the English throne was not CHAP. altogether unexpected in the colonies. The events of the. XIV. last three years had satisfied the people that the Common- 1660. wealth was losing ground; and the incompetency of Richard Cromwell, who was never proclaimed Protector here, 1 awakened apprehensions of the defeat of the new govern- ment, and the restoration of the old. That this result was not fervently prayed for, we may reasonably believe. Yet if dreaded, it was principally because it was feared there would be a change in the government, and the Puritans would be compelled to abate their exclusiveness. Despite of all efforts to prevent innovations in religion, many not friendly to the Puritan creed had succeeded in gaining admittance into the country ; the leaven of their opinions, which persecution could not destroy, was rapidly spread- ing; and among the masses, if not among their rulers, there was a restlessness under the intolerance which had hitherto prevailed, and a desire to extend the privileges of citizen- ship, by breaking down the barriers reared against dissent, and admitting to the exercise of the elective franchise all of good character and peaceable deportment.
The progress of nations as of individuals, is governed by fixed and determinate laws. Not consciously, perhaps, do we work out at all times the problems of our destiny. The motives of actions are often more circumscribed than
1 Hutchinson, 1. 193, note; Hubbard, 576; Chalmers, Ann., 249.
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374
THE RESTORATION.
CHAP. the results which attend them. A few, here and there, are XIV. moved by an inward and mysterious impulse to throw off 1660. conventional restraints, and to act on a broader plane. Their course is resisted by the dominant powers. Yet the issue is generally the progress of truth. The position of the English Church, in the earliest stage of its reformation, was a step in advance of the Church of Rome. It made a Pope for each country, instead of one Pope for the world. Puritanism was an advance upon the position of the Angli- can Church, as it claimed for each man individual rights. The fruits of this last principle could not instantly mature. But a partial development immediately followed. A more perfect unfolding time only could effect. And America was the destined field of their highest expansion. Here, out- wardly, everything was favorable to liberty; and inwardly, there was a desire to secure and enjoy it.
The ground already travelled has brought to notice some struggles for the advancement of freedom. Apparently but little change had hitherto been wrought. But the con- troversies which had so deeply agitated the people, stirred up the waters preparatory to their purification and life- giving efficacy. Puritanism, indeed, was still groping darkly along. Its mission was not accomplished. Its pol- icy was a policy adapted to its circumstances, but not com- prehensive enough for the world at the present day. Yet even in the infancy of a nation, the germs of its riper years are often perceptible. The seed was of the right sort sown by our fathers, and if some tares were mixed with it, in what field are none found ? That seed was watched over, and rapidly grew. Priests planted, and rulers watered ; but the Majesty of Heaven alone gave the increase.
On the theater of the world, no movement is isolated. Changes in one country produce changes in another. All nations are alike actors in the great drama of life. If
375
PROCLAMATION OF THE KING.
monarchy was for a season abolished in England, princes CHAP. were admonished to beware of its abuses. If the Common- XIV. wealth failed, because it was premature, subjects were taught to deserve freedom before demanding it. To Amer- ica both revolutions were pregnant with instruction. And now that monarchy was restored, we shall find the new order of things fraught with its lessons of wisdom; and the consequences resulting were as important to the mother country, as to her several dependencies.
The proclamation in England of Charles the Second, May 26, took place in May, and in July the tidings were received July 27.
1069. in Massachusetts by the ships which brought the regicides Goffe and Whalley ; but no notice was publicly taken of the event, nor was any change made in the forms of the public acts and proceedings.1 If the declaration from Breda arrived at the same time, it was probably regarded April. with suspicion and mistrust.2 At the October Court, a Oct. 19? motion for an address to the King was negatived. It was time enough to recognize his authority when it became per- manent. Rumor represented England as still in an unset- tled state, and until different intelligence was received, delay was deemed prudent, nor could it be construed into neglect. At length the government was certified of the Nov. 30. proceedings of Parliament, and was informed that its enemies had revived, and that his Majesty's Council was besieged with their complaints. Delay was no longer prudent ; the position of the colonies must be openly defined. Hence a Court was convened, and addresses Dec. 19. were prepared for the King and the Parliament.3 The style of these addresses has been censured as fulsome.4 The agency of the clergy in their preparation is apparent ; but, with the exception of hyperboles drawn from the Old
1 Hutchinson, 1. 194; Chalmers, 325-9; Chalmers, Ann., 250, 264- Ann., 250. 8; Hazard, 2. 579-86.
2 Hallam, Const. Hist., 406. 4 Ebeling, 1. 954, in Bancroft, 2.
' Hubbard, 557-61; Hutch. Coll., 71.
376
ADDRESS TO THE KING.
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CHAP. Testament, and metaphors according with the customary XIV. adulation of princes in the East, they are straightforward, 1660. consistent, and manly productions. With these addresses, letters were forwarded to several gentlemen of note, and instructions were sent to Mr. Leverett, their agent, a large portion of whose life was spent in the service of the colony, in which, after requesting him to deliver the ad- dresses at the earliest opportunity, to interest as many as possible to favor the cause of the colonics, and to obtain speedy information of his Majesty's sense of their petition, they proceed to say :
" If the King or Parliament should demand what these privileges arc which we desire the continuance of, your answer may be, all those which are granted us by patent, and that we have hitherto enjoyed in church and common- wealth, without any other power imposed over us, or any other infringement of them, which would be destructive to the ends of our coming hither. As also that no appeal may be permitted from hence in any case civil or criminal, which would be such an intolerable and insupportable bur- then, as this poor place, at this distance, are not able to undergo, but would render authority and government vain and ineffectual, and bring us into contempt with all sorts of people. And if you find the King and Parliament pro- pitious to us, to use your utmost endeavors for the renew- ing that ordinance that freed us from customs, 10th March, 1642.
" Upon any matter of complaint by any of his Majesty's subjects or others, relating to the bounds and limits of our patent, our humble desire is that we may have notice thereof, and liberty to answer for ourselves, before any determination of conclusion be made against us, which being done, we shall finally acquiesce in such issue as his Majesty, the high court of Parliament, or any substituted by them, shall put thereto.
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377
THE REPLY.
" If any objection be made that we have forfeited our CHAP. patent in several particulars, you may answer, that you XIV. desire to know the particulars objected, and that you doubt not but a full answer will be given thereto in due season."1
This address of the colony was graciously received, and a reply, signed by Mr. Secretary Morrice, was returned,2 Feb. 15, 1660-1. which, with a mandate for the apprehension of Goffe and Mar. 5. Whalley, reached Boston the following May.3 In accord- ance with this mandate, an order was issued to search Mar s, for the regicides ; but they had flod to Connecticut, after 1061. remaining for a time in Massachusetts, during which they were hospitably entertained, appeared in public, and at- tended meetings on the Sabbath and on other occasions ; and upon their arrival in the former colony, they were so effectually secreted by their friends, that their retreat was never discovered; and, after living in several places, and being joined by one of their companions, Col. Dix- well, they died in peace in the land of their exile. 4
Previous to the reception of the King's reply, the atten- Mar. 17, tion of the Court was called to a work which had been 1660-1. published by John Eliot, the amiable and liberal apostle 1654. to the Indians, giving his views of a " Christian Common- wealth." In this little treatise, he was conceived to have " manifestly scandalized the government of England by kings, lords, and commons, as antichristian," and, by impli- cation, had "justified the late innovators ; " and however innocent the work may have been deemed at the date of its first appearance, yet, as its doctrines were become heretical, he was requested to " recant." The conclusion
1 Hutch. Coll., 330-1.
' Hubbard, 561-2 ; Hutch. Coll., 333.
3 Hutchinson, 1. 195; 3 M. H. Coll., 7. 123.
+ For a full sketch of their his- tory, see Stiles's Judges. Comp. also Hutchinson, 1, 197-201; 3 M. HI. Coll., 7. 124-8; 3 M. H. Coll., 1. 60-2; Trumbull, 1. 242-6.
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378
SITUATION OF THE COLONIES.
CHAP. of his disclaimer is strikingly significant : - " All form of XIV. civil government deduced from Scripture, I acknowledge to be of God, and to be subjected to for conscience sake. And whatever is in the whole epistle or book inconsistent herewith, I do at once most cordially disown."1
The situation of the colonies was still highly critical, nor could a general expression of favor from the King entirely allay the apprehensions which existed. A " Coun- cil for the Colonies," invested with powers of general Dec., superintendence had been established, followed by a Com- Mav 19, mittee for the settlement of the government of New 1660. 1661. England ; and reports were in circulation that Virginia and the Islands had been forbidden to trade with New England, and that three frigates would soon be sent over, with a General Governor, to take charge of the affairs of the plantations.2 The King had been informed of the proceedings of a Society in his own realms, which met every Saturday at Cooper's Hall, for the interests of the colonies, and to keep alive the " old cause of enmity to regal power ;" the Committee for Plantations had sur- mised that Massachusetts would, at any moment, cast off her allegiance, and effect an alliance with Spain, or resort to some other as desperate remedy rather than admit of appeals from her authority ; a controversy arose upon this ; and the government resolved to establish the principle which the Long Parliament had waived, and to insist upon subjecting that colony to the Act of Navigation.3
For these reasons, although a day of thanksgiving was appointed, to " acknowledge the favor of Heaven in inclin- ing the King graciously to accept and answer the address May. made to him,"4 at the annual session of the General Court,
1 Hutchinson, 1. 195-6; Hub-
3 Hubbard, 715; Hutchinson, 1. bard, 575; M. II. Coll .; Mass. Rec's. 196; Chalmers, Ann, 241, 244 ; 24 M. H. Coll., 2. 280, 281; Leverett, in Hutch. Coll., 339. Hubbard, 715; Hutchinson, 1. 196; Chalmers, Revolt, 1. 99.
4 Mass. Rec's. ; Hutchinson, 1. 196.
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379
DECLARATION OF RIGHTS.
a Committee of twelve was chosen to consider and report CHAP. upon all matters touching the relation of the colony to. XIV. England ; and at a special session, convened for the pur- Jun. 10, pose, a " Declaration of natural and chartered rights " 1661. was presented and approved. In this document, the posi- tion of the colony and the views of its leaders are set forth with clearness, boldness and precision. The patent is assumed as the principal foundation of the government, by which the Governor and Company "are a body politic in fact and in name." This body may make freemen, and these freemen may choose officers. The government has power to determine what officers are necessary, and to define their duties; it has full authority, both legisla- tive and executive, ecclesiastical and civil, over residents and strangers; and that without appeals, except where its laws are palpably repugnant to the known laws of England. It is likewise its privilege forcibly to defend itself, by land and by sca, against all attempting its destruction or annoy- ance. And any imposition prejudicial to the country, and contrary to its own laws, is declared an infringement of its vested rights. Its duties of allegiance are, To maintain the right of the King to the country, and not to subject it to any other potentate ; to preserve his person, and pre- vent conspiracies ; to seek his peace, and discharge with fidelity the duties committed to them ; to punish crimes against his crown and dignity ; and to propagate the gos- pel " according to the faith given by our Lord Jesus Christ in his word:"-and these things premised, it is claimed to be consistent with the loyalty and obedience of subjects thus privileged, to plead with their prince against all en- deavoring to violate their rights.1
Of a people holding such opinions, the advocates of high prerogative might well be jealous. There was a degree
1 Hutchinson, 1. 196-7, 456-7; Hazard, 2. 590-2.
380
PROCLAMATION OF CHARLES IN THE COLONIES.
CHAP. of independence which the colonies always claimed ; and XIV. their allegiance was bounded chiefly by the patent. Within that, they were supreme; yet within that, they recognized the power of England. And so long as their patent was preserved to them inviolate, and they were left unmolested, and the rights it conferred were not infringed or interfered with, so long were they obedient and peaceable subjects. They interpreted their charter favorably on their own be- half, and it was stipulated in the instrument itself that it should be so construed ; but their interpretation was not always consonant to the wishes of the parent state; and hence the struggle, on the one hand to retain, and on the other to restrain, the powers and privileges which were claimed and exercised.
Aug. 8, 1661. More than a year elapsed from the restoration of Charles the Second to his public recognition in the Massachusetts June 5. Colony. Plymouth readily acknowledged his authority ;1 Massachusetts delayed as long as was prudent. Old Eng- land welcomed his return with riotous festivity: New England forbade even the drinking his health. In the for- mer country, in the quaint language of the past,
" The rich, the poor, the old, the young, agree To celebrate a joyful jubilee ;
And to the utmost all themselves employ, To make free demonstrations of their joy. Some quaff full goblets of the richest wine, And others make the blazing bonfires shine ; Whilst the devout their prayers to heaven sent, For blessings on the king and government. "2
In Massachusetts a few formalities were observed on the occasion, and the troops were paraded ; but the people Aug. 8. behaved with decorum and discretion. An address was agreed to, but it seems never to have been sent.3
1 Hazard, 2. 590. Ann., 254; Hubbard, 575 6 ; Endi-
2 Wolcott, in 1 M. H. Coll., 4. cott, in 3 M. HI. Coll., 1. 51-3; Hull's Diary, in Drake's Boston.
262.
3 Hutchinson, 1. 200; Chalmers,
381
AGENTS SENT TO ENGLAND.
In the autumn, a letter was received forbidding further CHAP. persecution of the Quakers, and requiring " the said per -~ XIV. sons to be sent over to England." This letter was read, Nov.27, and those laws whose penalty was corporal punishment or 1661. death, were suspended until further order. Soon after, orders were received for commissioners to be sent to answer to the accusations against the colony, and a court was con- vened for the purpose of choosing such. The action of Dec. 31. the magistrates was not wholly harmonious. A majority were for sustaining, with the charter, an independent gov- ernment in undiminished force ; a minority were willing to make some concessions. The Governor and Deputy sided with the former, and, though chosen members of the com- mittee, declined participating in its councils.1 It was only " after much agitation and opposition," that John Norton and Simon Bradstreet, both of whom had signalized them- selves in the persecution of the Quakers, could be per- suaded to undertake the mission; and then they were rather pressed into the service than induced voluntarily to accept. Indeed, so " hazardous " was the enterprise, that twelve meetings at least were held at the " Ancor taverne" in the course of a single month, before the arrangements for their departure could be perfected. Money was to be raised to defray their expenses ; the consent of the church for the absence of Mr. Norton was to be obtained ; answers to the complaints against the colony were to be prepared ; the instructions of the commissioners were to be discussed and determined ; they demanded security from personal damage ; and their scruples of the propriety of their mis- sion were to be satisfied.
Finally, the commission was signed; their instructions were filled out ; an address commending them to the King was prepared, and another soliciting the favor of the Earl of Clarendon ; letters were written to a number of the
1 Hutchinson, 1. 201-2, and Coll., 348, 349, 364.
382
DEPARTURE OF THE AGENTS.
CHAP. friends of the colony, beseeching their intercession ; a ship, XIV. the Society, was hired to transport them across the At- lantic ; and all things seemed ready for the commencement of their voyage, when an unforeseen obstacle arose, occa- sioned by the sickness of Mr. Norton, brought on, without doubt, by over anxiety. In hope of his recovery, an order was passed to detain the ship five days on demurrage ; to this the Master objected ; a correspondence with Mr. Nor- ton ensued ; but his answers were so unsatisfactory, that the ship was released, and the whole business secmed on the point of failing entirely, when, at the last moment, Mr. Norton rallied, and signified his readiness to set out on the eleventh of February, but was enabled to start the day Feb. 10, previous, and then took his departure in company with Mr. 1661-2. Bradstreet.1
Meetings had been held in England for the discussion of the affairs of the colonies before the arrival of these agents, and their reception was more favorable than was at first expected. Aware of the spirit of the colonists, ignorant of their strength, and conscious of his own weakness, the natural aversion of the Monarch to the dry details of busi- Jun. 28, ness led to a response, supposed to have originated with 1662. Clarendon, which, upon certain conditions, confirmed their charter privileges, and granted an amnesty for all past offenses, except to those attainted by Parliament of high Oct. 8. treason.2 This letter, agreeably to its tenor, was ordered to be published ; and a day of thanksgiving was appointed for the safe return of the messengers, and "the continu- ance of the mercies of peace, liberties, and the gospel."3
Yet were there some things in the letter of the King hard to be complied with. A rebuke was administered for the irregularities which had been complained of in the gov-
1 Hutch. Coll., 345-374.
8 Mass. Rec's.
2 4 M. H. Coll., 2. 282; Hubbard,
576-7; Hutch. Coll., 377-80.
383
REQUISITIONS OF THE KING.
ernment, and it was intimated that a renewal of the char- CHAP. ter was expected to be sought "under the great seal of XIV. England." A revision of the laws of the colony was also 153 enjoined ; the Oath of Allegiance was to be taken by all ; the administration of justice was to be thenceforth in the King's name ; and "since the principle and foundation of the charter was and is the freedom of liberty of con- science," the rights of citizenship were to be conceded to peaceable Episcopalians ; all persons of honest life, except Quakers, were to be admitted to the sacrament of the Lord's Supper, and their children to baptism ; and " all freeholders of competent estate, not vicious in conversation, and orthodox in religion, though of different persuasions concerning church government," were to " have their vote in the election of all officers, civil and military." In con- sequence of these provisions, as the influence of the letter extended to the churches as well as to the civil state, in the order for its publication " all manner of acting in rela- tion thereto " was to be " suspended until the next General Court, that so all persons concerned may have time and opportunity to consider of what is necessary to be done in order to his Majesty's pleasure therein."1
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