USA > Massachusetts > The history of Massachusetts, the colonial period. 1492-1692 v. I > Part 38
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Similar complaints, he also says, were made to him in Boston, where many of the principal inhabitants, some of whom were chief officers of the militia, expressed the hope
1 Hutch. Coll., 507.
dolph to Gov. Winslow, from which Hutch. Coll., 507-8. it appears they were on quite friendly terms. 3 Hutch. Coll., 508-9. I have These letters are deposited seen MS. letters written by Ran- with Charles Deane, Esq.
39
458
HE RETURNS TO ENGLAND.
CHAP. that the royal authority would be duly established, and XVII. entreated him to represent to his Majesty how oppressed
1677 they were, -for they dare not themselves publicly express their desires :1 - but there is reason to doubt the correct- ness of these statements, at least in their amplest form, as even Hutchinson, whose "loyalty " no one will impeach, emphatically remarks, that "not one man in a hundred, throughout the government, then desired such a change." 2
July 20. Towards the last of July, " being ready to return to England," Randolph applied for his despatches ; and, after being sharply rebuked for " publishing the substance of his errand into those parts," he was furnished with a duplicate of a letter addressed to Secretary Coventry, which he was told was the answer of the Council to his Majesty's letters ; July 30. and with this he departed, being " entreated by the magis trates," - so reads his own narrative -" to give a favor- able report of the country," and told "that those that blessed them God would bless, and those that cursed them God would curse." 3
Aug. 9.
Early in the ensuing month, a special court was con vened, which the clergy were desired to attend, to decide upon " the most expedient manner of making answer to the complaints of Gorges and Mason, whether by sending agents, or answering by writing ; " and it was agreed, that it would be best to send agents, " provided they be with utmost care qualified as to their instructions, by and accord- ing to which they may negotiate that affair, with safety to the country, and with all duty and loyalty to his Majesty, in the preservation of our patent liberties." 4
1 Hutch. Coll., 498-9, 509-10.
? Hutch. Coll, 499, note.
8 Randolph's Narr., in Usurpation Papers, vol. 2. fol. 218; Hutch. Coll., 510. Randolph reached Eng- land Sep. 10, and presented to the Board of Trade his narrative of the country and government, and ex- hibited articles of high misdemeanor
against the Governor and company. This is probably the Document pub- lished in Hutch. Coll .. 477-511, as Randolph's Narr., and dated Sep. 20, and Oct. 12, 1676.
* Colonial Papers, 2. 25; Chal- mers, Ann., 396 ; Hutchinson, 1. 281; Belknap's N. II., 1. App. xiv.
459
AGENTS SENT TO ENGLAND.
With this advice the Court concurred; and William CHAP. Stoughton, the second son of Mr. Israel Stoughton, and a XVII. graduate of Harvard College ; and Peter Bulkley, son of 1677. the venerated minister of Concord, and Speaker of the House of Deputies, were chosen for that purpose ; and being furnished with the answer to the petition of Mason and Gorges, and particular instructions for the conduct of their mission, they set sail to attend to its duties. These Oct. 30. agents " demcaned themselves with good care and discre tion ; "1 and soon after their arrival, a hearing was had before the Lords of Trade and Plantations and the Lords Chief Justices, subsequently before the Chief Justices alone, and finally before the Privy Council ; and the representa- tions of Randolph having been duly considered, judgment was given against the claims of Massachusetts, which was denied the right of jurisdiction over Maine and New Hamp- shire ; the former province was confirmed to Gorges and his heirs, both as to soil and government; and for the gov- ernment of the latter, a commission was issued by the crown, and, though the residents in those parts would have gladly continued as before, Massachusetts forbore further jurisdiction.3
The Bay Colony, however, was not to be thus defeated ; and a merchant of Boston, John Usher, was immediately employed, who purchased for £1200, the whole right and interest of Gorges' heirs, and assigned it over to the gov- ernor and company. This step, which was attempted to be construed as champerty, instead of conciliating matters, gave great offense to the King; and though pecuniarily of
1 Letter of the King, in Hutch. Coll., 519.
2 4 M. H. Coll., 2. 287; Chalmers, Ann., 396; Hubbard, 744; Bel- knap's N. H., 1. App. xv.
3 Randolph, Narr., in Usurpation Papers, vol. 2. fol. 218, says : " the Agents from Boston attended two
years, and made good my charges against the Governor and Company at the Council Chamber. The agents confess the fact, pray his Majesty's pardon, and acknowledge his Majes- ty's right to the government of the Province of New Hampshire.
.
460
RECEPTION OF THE AGENTS-CONDUCT OF THE KING.
CHAP. little benefit, it was the cause of a series of relations, which XVII. continued for a long period, and under which a novel form
1677. of political institution ensued, - Massachusetts, in her cor- porate capacity, becoming lord proprietary of the soil, and governing the country as a province, under the charter of Gorges. 1
But the agents were not yet to be dismissed, for it had been determined to " search the conduct of New England to the very root ; " and, as their powers related only to a defense against land claims, they were enjoined to procure an enlargement of the same, and to inform their employers that his Majesty was " determined to do what was right," and though he would not " destroy their charter, he had resolved to reduce them to a more palpable dependence on his crown, in order that they might be of use to him in times of necessity :" - but no fuller powers were granted, and they were left to act in obedience to former instruc- tions.2
It was against fearful odds that the struggle was con- Dec. 1. tinued. Mr. Stoughton wrote home that " the country's not taking notice of these Acts of Navigation " had been the most unhappy cause of neglect ;3 the complaints of the - Quakers, who had again been made the subjects of persecu- . tion, were added to former grievances ;4 allegations were brought by Randolph and Sir Edmund Andros against the administration of the government of the colony ;5 and, after the agents had appeared several times before the King in Council, and the Lords of Trade, and had been April, required to take the Oath of Allegiance, to the Crown
1678. Lawyers, Jones and Winnington, a series of questions of the highest importance was proposed, covering the principal points in dispute. These were :
1 Hutchinson, 1. 281-2; Chal- mers. Ann., 397 ; Bancroft, 2. 113- 14. In some places, the sum paid
. is said to have been £1,250. Scc Chalmers, Ann., 454.
2 Chalmers, Ann., 403-4, 436-8.
3 Letter, in Hutchinson, 1. 288.
4 Hutchinson, 1. 288.
5 Chalmers, Ann., 446 ; 2 M. H. Coll., 4. 287-8.
461
ACTION OF MASSACHUSETTS.
1. Have the people of Massachusetts any legal charter ? CHAP.
2. Did not the Quo Warranto of 1635, work the disso- XVII. lution of such charter as they had ?
3. If the charter was originally good, has not the com- pany, by maladministration, forfeited the same so as to be now at his Majesty's mercy and disposal ?
On the first of these questions, an opinion was declined, as it had already been decided affirmatively ; to the second they responded in the negative ; and to the third they answered, that if the alleged misdemeanors could be proved true, and to have been committed since the Act of Oblivion, they did not contain sufficient matter to avoid the Patent, which could be done no otherwise than by a new Quo War ranto.1
Pending the agitation of these matters, days of fasting and prayer were observed in the colony, and a Synod of the churches was called, to inquire into the reasons which had provoked the Lord to bring his judgment upon New England, and to implore the continuance of his favor and blessing;2 several addresses, replete with loyalty, were sent to the King from the General Court ; 3 and to remove the grounds of complaint against their legislation,4 high treason was made a capital offense ; all persons above sixteen years of age were required to take the oath of allegiance ; 5 and the king's colors were ordered to be set up in the halls of justice. But it was more difficult to conform to the laws of trade. Submission to an Act of Parliament, so long as they were unrepresented in that body, was apprehended, even at that early date, to be an invasion of their rights
-
1 Chalmers, Ann., 405, 438-40.
Mass. Rec's., Hutchinson, &c.
8 Mass. Rec's. ; Hutchinson, 1. 289-92, and Coll., 515-16 ; Hub- bard, 738.
4 Chalmers, Ann., 440-1.
5 Yet at the Court held in Oct. 39*
1677, a law reviving and adminis- tering an oath of fidelity to the country was passed, of which the King complained as "a snare in the way of his good subjects." Letter, in Hutch. Coll., 515-16, Dated Ap. 27, 1678.
462
RANDOLPH APPOINTED COLLECTOR.
CHAP. and liberties ; and the laws of England, it was contended, XVII. were bounded by the four seas, and did not reach America.
1678. It was known that the Acts of Navigation were evaded in Rhode Island, and openly contemned and violated in Con- necticut ; and those colonies were permitted to practice such irregularities without opposition. The determination of the King, therefore, to enforce these Acts in Massachu- setts, could only spring from his arbitrary desire to cripple the commerce of that colony, the most dreaded of all. Yet, reluctant to hazard everything by a too stubborn resistance, an expedient was devised to obviate these scru- ples which had arisen, and by a special Act of the colony itself, " the said acts of navigation and trade " were . adopted as part of its own policy, and obedience to the same was strictly enjoined.1
It had been previously agreed in England that a Gov- ernor should be sent over, wholly supported by his Majesty, and authorized to see that his orders were observed ; and the Lords soon after recommended Randolph to Lord Treas- urer Danby as the most proper person for Collector of the May. Port of Boston, who was appointed and commissioned, and July 9. furnished with instructions from the Commissioners of the -. Customs in London ; but before entering upon the duties of
. his office, the question arose, how he was to be support- ed ?- and the High Treasurer asking how his expenses Mar. 10, were to be defrayed, unless from the Exchequer ? - the
1678-9. Lords, in consideration of the difficulties which were likely to arise, suggested suspending his departure until a final resolution could be taken in the premises.2
The General Court, in one of its addresses to the King,
Oct. 16, had supplicated his Majesty that its messengers, having 1678.
1 Hutchinson, 1 .; Chalmers, Ann. of July 24, 1679, speaks of the ap- 2 Chalmers, Ann., 406, 441-2; pointment of Randolph as Collector, Hubbard, 737; 3 M. H. Coll., 7. &c., for N. Eng. Hutch. Coll., 321. 128-9. King Charles, in his Lett.
463
HE AGAIN REACHES BOSTON.
despatched the business entrusted to them, might be at CHAP. XVII.
1
liberty to return, and " not be obliged to make answer to such complaints as were made by unquiet spirits, seeking 1678. not his Majesty's, but their own advantages, and the dis- tresses of the colony ;"1 but the "popish plot " so engrossed the attention of the Court, that several months clapsed Jun. 20, before they obtained leave to depart, with letters to " keep 1679. things in a fair and probable way of amendment, until a fitter season should present ; " nor did they reach Boston until late in the ensuing winter, where, soon after, Ran- Dec. 23. dolph, the Collector of Customs, arrived, whom the people were recommended to help and assist " in all things requi- site in the discharge of his trust." 2
For the safe return of the agents, a day of thanksgiving was appointed, and a vote was passed thanking them for their services ; but Randolph, the evil genius of the colony, who, as was said, like a certain other noted personage, " went up and down seeking whom he might devour," so far from being welcomed to the country as a public bene- factor, was treated " more like a spy than one of his Majesty's servants ; " a "paper of scandalous verses " held
1 Hutch. Coll., 517. Holden, Green, and Harris, about this time (Dec. 4, 167S) brought their charges against Massachusetts. 4 M. H. Coll., 2. 288-9, 290-2.
2 4 M. H. Coll., 2. 289 .- Ran- dolph, Narr., in Usurpation Papers, vol. 2. fol. 218, &c., says : "Sep. 10, 1679. The Boston Agents have leave to return, and new agents to be sent with full power. Oct. 23, I was commanded to go to N. Eng. by way of N. York, to carry over his Majesty's commission of govern- ment directed to a President and Council in N. Hampshire. Oct. 29, I shipped all my goods and house- hold stuff of a considerable value, upon a vessel belonging to N. Eng., and all are lost at sea, together with
his late Majesty's picture, and royal arms sent to N. Hampshire. Dec. 7, arrived at New York, and travelled by land thence to N. Hampshire, in the winter, near four hundred miles. Dec. 27, arrived in N. Hampshire, and after great opposition made by the Bostoneers, settled his Majesty's government in that Province. Jan. 15, his Majesty's government dc- elared and owned in N. Hampshire. Jan. 28, returned to Boston, em- powered by his Majesty's Commis- sioners of Customs to prevent irreg- ular trade, and seized several vessels with their lading. 1680. His Majes- ty's authority and the acts of trade disowned openly in the country, and I was cast in all these causes, and damage given against his Majesty."
464
ACTION OF THE MAGISTRATES.
CHAP. him up to general derision ; and all persons took the XVII. liberty " to abuse him in their discourses."1
July 24, The letter of his Majesty brought over by the agents 1679. contained requisitions which demanded instant notice. These were, that new agents should be sent within six months to attend to such business as remained unsettled ; that freedom of conscience should be granted to members of the Church of England, who were not to be discoun- tenanced from sharing in the government of the colony, nor were they or any others, not being Papists, who " do not agree in the Congregational way," to be subjected to fines, forfeitures, or other incapacities, on account of their views ; that no other distinctions should be observed in making freemen, save that "they be men of competent estates, ratable at ten shillings," and all such were to be eligible to office, and all laws obstructing the same were to be repealed ; that the full number of eighteen assistants should henceforth be observed, as by charter ; that the oath of allegiance should be taken by all persons " coming to any privilege ; " that military commissions, and proceedings of justice, should run in his Majesty's name ; that all laws repugnant to the laws of trade should be abolished ; that an assignment of the purchase of Gorges' claim should be made to the King, on repayment of the purchase money ; and that all commissions granted for governing in New Hampshire should be recalled.2
A part of these demands had been already complied with; and provisions were made for conforming to others; but obedience to the first was delayed. Yet a reply to his May 21, Majesty's communication was prepared ; 3 and a second 1680. Jun. 12. letter was despatched a few weeks later.4 To these an
1 Chalmers, 408; Hutchinson, 1.
2 Hutchinson, 1. 293-4, and Coll., 519-22; Chalmers, Ann., 408-9.
3 Referred to in the King's letters 292-3; Randolph's Letter, in 1 M. of Sep. 1680, and Oct. 1681. See H. Coll., 6. 92-4.
Chalmers, Ann., 447, and Hutch. Coll., 523.
See Chalmers, Ann., 447.
-
465
RANDOLPH RETURNS TO ENGLAND.
answer was returned, censuring their disobedience and CHAP studied neglect, and commanding them, on their allegiance,
Sep. 30, 1cso.
XVII. " seriously to reflect upon his directions, and to send over, within three months, such persons as they saw fit to choose, furnished with sufficient instructions to attend the regulation and settlement of their government, and to answer the claims which Robert Mason had set up to the lands between the Naumkeag and Merrimack rivers."1 This letter reached Boston in the winter, and a Court was convened to con- Jan. 4, sider its contents ; the " book of laws" was " carefully 1680-1. perused ; " and agents were chosen in compliance with his Majesty's demands ; but they peremptorily refused to en- gage in the service, alleging "the danger of the seas ; " whereupon another letter was sent to Sir Lionel Jenkins, Jun. 3 one of his Majesty's Secretaries of State, deprecating the 1681. displeasure of the King, as they had endeavored to give evidence of their obedience ; and expressing the hope that the consequent delay, and the lapse of time, would not be " reflected upon as proceeding from the want of loyalty and allegiance, which we humbly profess that we will always bear." 2
Soon after this Court convened, Randolph, " soured by Mar- 15, disappointment," and thwarted in the execution of his 1680-1. Majesty's commission, returned to England ; and laying before the King his " Humble Representation of the Bos- toneers " he vented the full torrent of his spleen against the colonists, whom he accused as " usurpers, forming themselves into a Commonwealth, denying appeals to Eng- land, neglecting the oath of allegiance, protecting regicides, coining money of their own impression, inflicting the pen-
1 Hutch. Coll., 522-5 ; Chalmers, Ann., 410, 447 .- A second letter upon the subject of Mason's claims, was written by the King, June 23, 1682, which was acted upon in the following March. 3 M. II. Coll., 72-4.
2 Hutch. Coll., 527-8. There is a letter from John Higginson of Salem, relative to this meeting of the Court, in Mather MSS., vol. 4. fol. 1.
466
LETTER OF THE KING, AND ACTION UPON THE SAME.
CHAP. alty of death for religion, resisting his Majesty's Com- XVII. missioners, even by an armed force, imposing an unlawful oath of fidelity, and violating all acts of trade and navi- gation." " All these things," he added, " I am ready to prove:"-and having thus discharged his "pent-up wrath," and obtained a renewal of his commission, he embarked again for Boston, bearing a letter from the King, dated Dec. 17, October 21, and safely arrived in the following winter.
1681. Here again his commission was opposed, being "looked upon as an encroachment upon their charter ; " and, as he per- Mar. 10, sisted in his attempt to enforce its provisions, a law was 1681-2. revived by the assembly to try him for his life, " for acting by his Majesty's Commission before it was allowed by them;" the Commission itself was not allowed to be openly read in Court; and his deputies and under officers were imprisoned for acting in obedience to his orders.1
The King's letter of October 21, was calculated to awaken serious apprehensions. After detailing at length the intercourse of the sovereign with the colonies of New England, from the first grant of their charter to that moment, the complaints against Massachusetts for stubborn- ness and insubordination, the measures which had been taken for their redress, the appointment of Commissioners in 1664, their treatment, and their recall, the demand that agents should be sent, and the refusal to comply with that demand, the subsequent mission of Messrs. Stoughton and Bulkley, the neglect to comply with the requisitions of his Majesty, the continued illegal conduct of the government,
1 Randolph's Narr., as before ; Hutch. Coll., 525-6; Chalmers., Ann., 410, and Revolt., 1. 132. Ran- dolph adds : " May 20, 1681. The Right Honorable the Lords of the Committee of Trade reported to his Majesty that in consideration of my good services, I ought to have £100 annually added to my salary; but his Majesty's service requiring my
speedy return, I was despatched away, and that addition not settled. Dec. 17, I arrived again at Boston in N. Eng., with his Majesty's com- mission appointing me Collector, &c., but the commission is opposed, be- ing looked upon as an encroach- ment upon their Charter," &c. Narr., in Usurpation Papers, vol. 2. fols. 218-20.
-------
467
POLITICAL CHANGES IN THE COLONY.
and the contempt which Randolph had experienced, it CHAP. concludes with the following startling announcement :-
XVII. " We once more charge and require you forthwith to send 1681-2. over your agents fully empowered and instructed to attend the regulation of that our government, and to answer the irregularity of your proceedings therein ; in default whereof we are fully resolved, in Trinity term next ensuing, to direct our Attorney General to bring a Quo Warranto in our Court of King's Bench, whereby our charter granted unto you, with all the powers thereof, may be legally evicted and made void."1
After such a summons, delay was hazardous ; and the Court specdily assembling, his Majesty's letter was read, Feb. : and it was determined with all despatch to send agents to answer for the colony. It was with great reluctance that this course was taken ; and the persons selected to discharge this trust evince the revolution in feeling which was fast approaching its crisis. Hitherto, the action of the magistrates had been bold and determined. The demands of the Monarch had been successfully resisted, and the government, " constant to its old maxims of a free State, dependent on none but God,"2 had gone on, from step to step, manfully struggling for its vested rights, and determined not to swerve a hair's breadth from its own interpretation of the charter, unless forced by circum- stances beyond its control. But, as the first race of emigrants had nearly all departed, and a new generation had come upon the stage, and among the people there were many who were wearied with these incessant struggles, which ended only to be renewed ; and as the population had largely increased, and there were many, besides Episco- palians, opposed to the ecclesiastical constitution of the col-
1 This remarkable document is given in full in Chalmers, Ann., 443-9. See also Hubbard, 741.
2 Bancroft, 2. 50.
468
NEW AGENTS SENT TO ENGLAND.
CHAP. ony ; the power of the clergy had become measurably weak- XVII. ened by the infusion of new elements into the religious con-
1682. troversies of the day ; dissensions had arisen even in the churches of Boston ; the party in favor of rigidly adhering to the long established policy of the rulers, at the head of whom were Danforth and Gookin, was daily losing ground ; and those who were inclined to yield to the demands of the King, of whom Bradstreet was the leader, were increasing in strength. Hence, through their influence, William Stoughton and Joseph Dudley, two of their own party, the last a man of inordinate ambition, a finished courtier, and an adroit politician, were chosen to wait upon his Majesty, to attend his bchests. The former, however, · declined serving ; and the old party rallying, John Rich- ards, a firm friend of the Charter, was chosen in his place. Thus one of the agents was as pliant as the osier ; the other was firm as the rugged oak.1
Every day it became more evident that the intention of the King was not to "regulate " but to recall the charter. Hence the agents were solemnly charged " not to do, or consent to, anything that should violate or infringe the liberties and privileges " granted by the char- - ter, or the government established thereby; and with these May 31. instructions they departed, followed by the prayers of the Jun. 22. people for the success of their mission. Randolph, how- ever, ever active, and attentive to the interests of his employers, not only forwarded a letter acquainting them with the " servility " of Dudley, and the " factiousness " of Richards, but he determined personally to follow the agents, to be in readiness to disclose anything which they might desire to conceal. According to his own statement, he was requested, at his departure, to do nothing to the
1 Hutchinson, 1; Chalmers, Ann., in 4 M. H. Coll., 2. 306, dated May 412. Their letter of recommenda- 29, 1682. tion to Sir Lionel Jenkins, is given
469
CONDUCT OF RANDOLPH.
prejudice of the colony, and, with characteristic insincerity, CHAP. he solemnly promised, that, if they would make a full XVII. submission, he would endeavor to procure his Majesty's 1682. pardon and the continuance of their privileges so far as to secure liberty of conscience, and the free exercise of their religion, and that no money should be raised by assessments upon the people without their consent ; and for other matters, their agents were most proper to solicit.1
Previous to his setting out, however, his pen had been busy in laboring to defeat the very objects he had so solemnly promised to cherish ; for letter followed letter to the Bishop of London, and the Earl of Clarendon, the chief burden of which was the demand for a Quo War- ranto. " So long as their Charter remains undisturbed," was his cry, " all his Majesty saith or commands signifies nothing here." "His Majesty's Quo Warranto against their Charter, and sending for Thomas Danforth, Sam Nowell, a late factious preacher, and now a magistrate, and Dan Fisher, and Elisha Cooke, deputies, to attend to answer these articles of high misdemeanor I have now exhibited against them, will make the whole faction trem- ble." "Nothing will so effectually settle this government on a firm dependence upon the crown, as bringing a Quo Warranto against their Charter, which will wholly dis- enable many now great stricklers and promoters of the faction among us, from acting further in a public station." "'Till this government be thoroughly regulated, all that his Majesty commands will signify nothing. This inde- pendency in government claimed and duly practised by us, is one chief occasion of the many mutinies and distractions in other his Majesty's foreign plantations."?
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