USA > Massachusetts > The history of Massachusetts, the colonial period. 1492-1692 v. I > Part 42
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Connecticut specdily followed the example of Massachu- May 9. setts, and her Charter was brought forth from its hiding place in the Oak. Rhode Island was more tardy in her Feb. 26, movements, and nearly a year elapsed before a new govern- 1689-90. ment was organized. The colonies at the South, after a
1 Hutchinson, 1. 385 ; Chalmers, Revolutionary Papers, fols. 8, 14- Ann., 430 ; Neal's N. Eng., 2. 444- 27, 37-41, 53.
7; Mather MSS., vol. 7. fol 85; 2 Rev. Just.
507
PROCLAMATION OF WILLIAM AND MARY.
little hesitation, imitated New England ; and America was CHIAP. delivered from the despotism of the Stuarts. Would the V
XVIII. new dynasty be more favorable to the liberties of the colonies ? This was a question which time only could solve. 1
A little more than a month from the overthrow of Andros, a ship from England arrived at Boston, with news May 26, of the proclamation of William and Mary. This was joy- 1689. ful intelligence to the body of the people. The magistrates were at once relieved from their fears, for the revolution in the Old World, justified that in the New. Three days later, the proclamation was published with unusual cere- May 29. mony. The Governor and Council, the civil and military officers, merchants of the town, and gentlemen from the country, mounted on horseback, paraded the streets; the troops were under arms, marshalled by their captains ; salvos of artillery, from the fort and the castle, awakened loud echos in the suburbs and upon the waters ; a great entertainment was provided at the Town House; wine flowed freely ; and throughout all the settlements the re- joicing was great. 2
A week later, the representatives of the several towns upon Jun. 5 a new choice met at Boston, and proposals were made that charges should be forthwith drawn up against Andros, or that Jun. 6. all the prisoners but Andros should be liberated on bail ; Jun. 11. but both propositions were rejected.3 The representatives likewise urged the unconditional resumption of the Charter, Jun. 6. declaring that they could not act in anything until this was conceded. Many opposed the motion ; but it was finally adopted ; and it was resolved that all the laws in force May 12, 1686, should be continued until further orders. Yet
1 For the Proceedings in N. Y., 151. Dudley and others afterwards see Doc. Hist., vol. 2. p. 3, et seq.
2 Hutchinson, 1; Chalmers, Ann., 431.
presented several petitions to be liberated on bail. Rev. Papers, fols. 103, 119, 204; Inter-Charter, Pa-
3 Revolution Papers, fols. 84, 108, pers, vol. 1. fols. 42, 48, 49, 51, 118.
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508
MATHER INTRODUCED TO THE KING.
CHAP.
XVIII.
the magistrates, conscious of the insecurity of the position
they occupicd, used prudently the powers entrusted to
16Sy . them. Scurrilous pamphlets, which, when Endicott was alive, would have subjected their authors to the heaviest penalties, were published with impunity by the minions of Andros. And even the magistrates themselves, in their address to the crown, felt it necessary to apologize for some of their proceedings. 1
The first advices from England were somewhat encour- aging, and hope revived. But subsequent despatches were much less favorable.2 Mr. Mather was still in London as Mar. 14, the agent of the colony, and, upon the overthrow of James, 1688-9. he was introduced by Lord Wharton to the Prince of Orange, and congratulated him upon his happy accession to the crown, and humbly implored his favor to New England. " I will show them," was the reply, "all the favor in my power." "But I doubt," it was added, " there have been irregularities in their government." "If so, they shall be reformed," was the rejoinder of the agent. " And I'll be their guarantec," added Lord Wharton ; "We two will stand bound for New England, that they shall act regularly for the future." "Then," continued the King, " I. will forthwith give order, that Sir Edmund Andros shall be removed from the government of New England, and be called unto an account for his mal-administration. And I will direct that the present King and Queen shall be pro claimed by the former magistrates." "Sir," replied the agent, " they will do it with the joyfullest hearts in the world."
Anxious for the restoration of the old Charter and its privileges, under which the colony had prospered so well, the agent applied himself diligently to that object, advising
1 Revolution Papers, fols. 87, 94, 125 ; Mather MSS., vol. 7. fol. 90 ; 99, &c. ; Inter-Charter Papers, vol. Hutchinson, 1. 355-6.
1. fols. 77, 78, 100, and vol. 2. fol. 2 Hutchinson, 1. 346, note.
509
ATTEMPT TO RESTORE THE OLD CHARTER.
with the wisest statesmen for its accomplishment. It was CHAP the concurrent judgment of all, that the best course would XVIII. be; obtain first a reversion of the judgment against the 1680. Charter by an Act of Parliament, and then apply to the King for such additional privileges as were necessary. Accord- ingly, in the House of Commons, where the whole subject of March to August. seizing Charters in the reign of Charles the Second was up for discussion, the Charters of New England were inserted with the rest, and, though enemies opposed the measure, it was voted that their abrogation was a grievance, and that they should be forthwith restored. Thus the popular branch of the government acted favorably towards the colonies ; but, as the bill was yet to be submitted to the House of Lords, great pains were taken to interest that branch in the measure, and at the same time, letters having arrived giving an account of the proceedings in Boston, another interview was held with the King, before whom, in July 4. a " most excellent speech," Mr. Mather "laid the state of the people ; " and his Majesty was pleased to signify his acceptance of what had been done in New England, and his intention to restore the inhabitants to their ancient privileges ; but " behold," adds the narrative, " while the Charter Bill was depending, the Convention Parliament was unexpectedly prorogued, and then dissolved, and the Sisyphean labor of a whole year came to nothing."1 All that was obtained was an order that the government of the colony should be continued under the old Charter until a new one was settled, and a letter from the King Aug. 12 was forwarded to that effect, with an order, signed by July 30.
1 Extracts from Mather's Lett. of Sep. 2, and other documents,in Inter- Charter Papers, vol. 1. fol. 83 .- " It would greatly silence contemners of our authority," says Broughton, Lett. to Mather of Ap. 2. 1690, Inter- Charter Papers, 1. 378, " to have
our charter confirmed by our King and Parliament. I pray endeavor to do as much as you can for its accom- plishment, for evils vented in evil words fret as a canker, and make government uneasy."
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510
ANDROS'S ATTEMPT TO ESCAPE.
CHAP. the Earl of Nottingham, for the delivery of Sir Edmund XVIII. Andros, and the others detained with him, who were to be 1689. sent to England for trial. 1
These letters did not reach Boston until late in the year ; Aug. 2. and meanwhile a scheme was devised for the escape of ' Andros, who succeeded in outwitting his guards near mid- night, and fled to Newport, Rhode Island, where he was again apprehended, and, after an absence of eight days, returned to the castle. The arrival of the King's orders, and the placing a strong guard at the castle stopped further attempts ; the old government was confirmed, and the Dec., . 3 to 6. obedience of the people required ; and, after orders had 1589-90. Feb. 9, been passed to that effect, by the first opportunity the prisoners were sent to England in the ship Mchitabel, Gil- bert Bant, Master. Against Mr. Dudley the resentment of the people was deep and determined ; and in his own letters, to Governor Bradstreet and others, he complains of " unwarrantable treatment " and " barbarous usage." 2
As it was probable that no means would be spared by the friends of Andros to effect his liberation, and as affairs in the colony were yet in an unsettled state, the General Dec. 6. Court concluded to send additional agents to join Mr. Mather and Sir Henry Ashehurst ; and Elisha Cooke and Thomas Oakes, two of the Assistants, were selected for that purpose. A Committee was likewise appointed to col- lect information against Andros and his associates, and
1 Mather, in 1 M. II. Coll., 9. 349, and notes. It was on the 15th 245; Council Orders, in 4 M. H. Coll., 2. 298, 299; Hutchinson, 1. 346-8 ; Inter-Charter Papers, vol. 1. fols. 83, 100, 221.
2 Letters of Coggeshall, Sandford, Church, Walley, Clarke, &c., with the replies, in Rev. Papers, fols. 248, 249, 250, 255, 256; Inter- Charter Papers, vol. 1. fols. 36, 41, 49, 51, 90, 100, 104, 108, 149, 157, and especially 221; Hutchinson, 1.
of June, that a guard of fifty soldiers was ordered at the Castle, viz : Bos- ton, 16; Charlestown, 4; Roxbury, 4; Dorchester, 6; Milton, 2 ; Brain- tree, 4; Weymouth, 2; Cambridge, 2; Cambridge Village, 1 ; Hingham, 3; Watertown, 2; Woburn, 2; and Malden, 1; and it was this guard probably that Andros outwitted. Revolution Papers, fol. 121.
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511
ANDROS SENT TO ENGLAND-HIS DISCHARGE.
another to draw up letters to be sent to England ; a large CHAP. number of depositions were taken, setting forth the arbi- XVIII. trary proceedings of the usurped government, and the griev- 168). Dcc. 5 ances of which the people complained ; and orders were and 13. given the agents to obtain, if possible, a full confirmation Jan. 24, 1689-90. of the ancient Charter rights and privileges. 1
Upon the first appearance of the new agents before the Council, Sir Edmund and his associates had notice to be Apr. 17, present ; but the papers containing the charges against them 1690. not being signed by the proper authorities, advantage was artfully taken of this defect to quash further proceedings. Sir Robert Sawyer declaimed against the colony ; and Sir John Somers and other Lords spoke in its defense ; but the Lord President, the Marquis of Caermarthen, was not unwil- ing to side with the former, and, turning to the agents, he said: "Gentlemen, here has been a pretty deal of time spent. My Lords will give his Majesty a true and impartial account of what has been said on both sides, and you may with- draw." The next day Sir Edmund and the rest were dis- charged; his Majesty approved the decision of the Council; the matter was ordered to be fully dismissed ; and an Order having been passed by the Board of Trade for persons from New England and New York to meet them at Whitehall on May 20. the business of New England, both Andros and Randolph presented charges against the colony,- the former censur- ing the people for the subversion of his government, and May 30. the insurrection in which they had engaged ; and the latter complaining of irregularities in trade since those events transpired : but all these charges were fully answered, to the satisfaction of the colonists, if not to the King.2 Thus the instruments of tyranny escaped unharmed ; and to com-
1 For this Order, and their in- Gedney, and William Browne, Esq. structions, see Inter-Charter Papers, Inter-Charter Papers, 1. 155. vol. 1. fols. 180, 181. The Com- " Inter-Charter Papers, vol. 2. fols. 90, 96-100; 4 M. H. Coll., 2. 303. mittee appointed to draw up infor- mation against Andros, consisted of William Stoughton, Bartholomew
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512
A NEW CHARTER SOUGHT.
· CHAP. plete the work of intrigue and duplicity, Sir Edmund XVIII. obtained the government of Virginia, where he con-
1690. ducted himself prudently ; Mr. Dudley was appointed Chief Justice of New York ; and Randolph received an appoint- ment in the West Indies. 1 It is probable that all of them learned wisdom from misfortunes.
From the disposition of the next Parliament, nothing favorable to New England was expected ; and, having failed in procuring a writ of error in judgment, to be brought out of Chancery into the Court of King's Bench, all hopes of the restoration of the Charter were reluctantly relinquished, and application was made for a new grant, which should confirm the privileges of the old instrument, and such in addition as the experience of the people had taught them would be of benefit. A petition was presented for this purpose by the Earl of Monmouth, formerly Lord Mordent, a firm friend of New England ; and, by the inter- cession of another eminent personage, the King was pre- vailed upon to refer the affairs of New England to the two Lords Chief Justices, and the Attorney and Solicitor Gen- eral, all of whom were supposed to be friendly to the applicants. Mr. Mather was permitted to attend their meetings, and the heads of the old Charter, and that to Sir Ferdinando Gorges were presented in writing, with such additions as were prayed for, which were submitted to the Jan. 1, King, and by him sent to the Council, and thence trans- ferred to the Committee for Plantations. 2
. 1690-1.
The departure of the King for Holland delayed proceed- ings for a season, and in the meantime, petitions having 1691.
Apr. 9,
been sent in from Boston and Charlestown, and perhaps
1 Council Orders, in 4 M. H. Coll., MSS. vol. 6. fols. 72, 75; Revolu- 2. 299-301, and Inter-Charter Pa- tionary Papers, fols. 13, 28, 60-2,&c. pers, vol. 2. fol. 10; Rev. Just. 9- 2 Inter-Charter Papers, vol. 1. fol. 83, and fols. 99-100; 4 M. II. Coll., 2. 301. See also Usurpation l'a- pers, vol. 4. fol. 315. 10, 50; Hutchinson, 1. 350-1; In- ter-Charter Papers, vol. 1. fols. 104, 107, 112, 118-244, 127-148, 152, 166-9, 176-9, 254-276 ; Mather
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513
PARTIES INTERESTED IN THIS CHARTER.
from other towns, by those opposed to the government of CHAP. the colony -" scarce any of whom were the issue of the XVIII. first planters " - and an address from Maine, in favor of Jan. 25, 1689-90 Sir Edmund Andros, expressing grief at the insurrection · in the colony, and the conduct of the Council of Safety, replies were prepared by Mr. Mather,1 who, indefatigable for the interests of his country, published his " Reasons for the Confirmation of Charter Privileges granted to the Mas- sachusetts Colony," and dispersed them among the Lords of the Privy Council, whom he personally waited upon to solicit their favor. The non-conformist clergy of England interested themselves generally in behalf of the colony, as did also a number of distinguished noblemen ; Lord Whar- ton, the last surviving member of the Westminister Assem- bly, was unwearied in his efforts ; and even the noted Dr. Tillotson, the archbishop of Canterbury, and Gilbert Bur- net, bishop of Salisbury, who stood high in favor with King William, interceded in their behalf. Through the favor of Madame Lockart, Mr. Mather was likewise admitted to an interview with the Queen, of whose condescension he speaks in the highest praise ; and at the return of the King from Holland, two more conferences were held with him.
There were other parties in interest, however, besides Massachusetts, who were anxious to obtain a charter of the King; and, as Mr. Wiswall of Duxbury was present at Boston when the new agents embarked for England, he was desired to accompany them in behalf of the Plymouth Colony, though he was furnished with no credentials by the magistrates of that jurisdiction. It was designed in England to include Plymouth in the government of New York; and when Slaughter was appointed Governor of the
1 Inter-Charter Papers, vol. 1. fol. Charlestown, 230-4. The whole of 185, and vol. 3. fol. 171 ; Revolu- tion Papers, fols. 75, 76; 4. M. H. Coll., 2. 301-2; Frothingham's
Mr. F.'s 23d chapter relates to the Usurpation affairs, and contains many important facts.
514
PLYMOUTH SOLICITS A CHARTER.
CHAP. latter Province, Plymouth was put into his commission ; XVIII. but, chicfly through intercession of Mr. Mather, the com-
1690. mission was altered, and an order was issued to the Lords Chief Justices Holt and Pollexfen, and to Treby and Somers, the Attorney, and Solicitor General, to draw up a . new charter for Massachusetts, to which Plymouth was to be joined. Mr. Wiswall, in obedience to his constituents, vehemently opposed this step. The Solicitor General, highly incensed, struck Plymouth out, and the design of its annexation to New York was revived. Intelligence of this design was not long in reaching America, and the people of Plymouth were greatly alarmed. Yet, with singular pertinacity, - though natural enough, perhaps, under the circumstances in which they were placed, -they desired Sir Henry Ashehurst to renew the application for a sepa- rate charter, without signifying any preference to be joined to Massachusetts rather than to New York, in case of the failure of that application. Happily, the sentiments of the more prudent were known to Mr. Mather, or Plymouth might have been joined to New York, and the interests of the Pilgrims and Puritans divorced, instead of blended into one ; and Mr. Hinckley, the former Governor of Plymouth, in his letter to Mr. Mather, expressed the thankfulness of the colony for his intercession in its behalf. 1
1691.
Oct.,
It had been evident for some time, that William and his Ministers had resolved to erect a new government in Massa- chusetts, which was to be known as the Province of the Massa- Jun. S. chusetts Bay. The first draught of a charter was objected to by the agents, because of its limitation of the powers of the Governor, who was to be appointed by the King.2 The July 29. second draught was also objected to; whereupon the agents were informed that "they must not consider themselves as plenipotentaries from a foreign State, and that if they were
1 Hutchinson, 1. 360-5.
2 4 M. H. Coll., 2. 302-3.
T
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515
THE PROVINCE CHARTER.
unwilling to submit to the pleasure of the King, his Majesty CHIAP. would settle the country without them, and they might take XVIII. what would follow." Nothing remained, therefore, but 1691. to decide whether they would submit, or continue without a charter, and at the mercy of the King. Mr. Cook and Mr. Wiswall were opposed to submission ; and the Nov. 5. latter, in his letter to Gov. Hinckley, says : " All the frame of heaven moves upon one axis, and the whole of New England's interest seems designed to be loaded on one bottom, and her particular motions to be concentric to the Massachusetts tropic. You know who are wont to trot after the Bay horse." But Mr. Mather, concluding that all parties would be best conciliated by submission, wisely assumed the responsibility of consenting to the adoption of the charter as reported, and to him the nomination of officers was left. 1
By the terms of this new Charter, the territories of Oct. 7. Massachusetts, Plymouth, and Maine, with a tract farther East, were united into one jurisdiction, whose officers were to consist of a Governor, a Deputy Governor, and a Sec- retary, appointed by the King, and twenty-eight Coun- cillors, chosen by the people. A General Court was to be holden annually, on the last Wednesday in May, and at such other times as the Governor saw fit ; and each town was authorized to choose two deputies to represent them in this Court. The choice of these deputies was conceded to all freeholders having an estate of the value of £40 sterling, or land yielding an income of at least 40s. per annum ; and every deputy was to take the oath of allegi- ance prescribed by the crown. All residents of the Prov-
1 Inter-Charter Papers, 3. 99-100; Hutchinson, 1. 365 ; 4 M. H. Coll., 2. 303 .- President Quincy, Hist., H. Coll., 1. 123, speaks in terms of unqualified praise, of the valuable services of Mather in England ; and the Letter from the principal Dis-
senting clergyman of England to the General Court at Boston, bears equally honorable testimony to his "inviolable integrity, excellent pru- dence, and unfainting diligence." Robbins, Hist. Second Ch. Boston, 54.
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516
ARRIVAL OF PHIPPS.
CHAP. ince and their children were entitled to the liberties XVIII. of natural born subjects ; and liberty of conscience was 1691. secured to all but papists. Appeals were allowed in all personal actions where the matter in dispute exceeded in value the sum of £300. To the Governor was given a negative upon all laws enacted by the General Court ; without his consent in writing none were valid; and all receiving his sanction were to be transmitted to the King for approval, and if rejected at any time within three years were to be of no effect. The Governor was empow- ered to erect courts, levy taxes, convene the militia, carry on war, exercise martial law, with the consent of the Council, and erect and furnish all requisite forts. Free liberty of fishing was conceded to all the King's subjects ; and a reservation of timber was made for the use of the royal navy. In other respects the privileges granted in this Charter were analogous to those granted by Charles the First. 1
Such was the Province Charter of 1692, -a far different instrument from the Colonial Charter of 1629. That Charter effected a thorough revolution in the country. The form of government, the powers of the people, and the entire foundation and objects of the body politic, were placed upon a new basis ; and the dependence of the colonies upon the crown was secured. How far these changes were of benefit to the country, remains to be seen.
May 14, 1692. It was on Saturday, the 14th of May, 1692, that Sir William Phipps arrived at Boston as the first Governor of the new Province. Writs were immediately issued for a Jun. 8. general assembly, which convened in the ensuing month, and the government was duly inaugurated. There was a strong party, as may well be supposed, who reluctantly submitted to this government; but by a majority it was
1 See the Charter in full, in the volume published 1814.
517
CONCLUSION.
accepted, and a day of thanksgiving was appointed for its CHAP. institution.1
XVIII. 1692.
:
Thus having traced the dawn of liberty upon the shores of Massachusetts, its fluctuating fortunes, and its apparent eclipse, we must pause at the new era in its political his- tory introduced by the Province Charter, under which a new course is hereafter to be developed. We have seen the people who settled New England, driven from their native land by religious persecution, erecting, in self- defense, upon their arrival in these parts, a system analo- gous to that which they had repudiated abroad. We have seen the difficulties which grew out of this policy, and the contests in which it involved them for over fifty years. Yet amidst all these obstacles, we have witnessed the steady and prosperous growth of the settlements, their increase in power, in wealth, and in numbers. And wc have witnessed also the gradual advancement of light and liberality ; the development of higher and broader prin- ciples of action ; and the diffusion of a more genial and tolerant spirit. Liberty, from the outset, was sacredly cherished. It was yearned for, and sought, as the greatest of all blessings. And the glowing patriotism which pre- vailed so extensively ; the sturdy resistance to all op- pression ; the jealousy with which popular rights were so earnestly guarded ; and the manifest desire to secure and enjoy the highest freedom compatible with the acknowl- edged allegiance of subjects, are striking and prominent traits in our annals. It is to be borne in mind that, up to this date, with but very slight exceptions, the whole course of events traced in these pages, transpired under the dominion of as arbitrary princes as England ever saw : - princes who trampled upon the constitution they should have cherished ; who violated the laws they were
1 4 M. H. Coll., 2. 307. 44
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518
CONCLUSION.
CHAP. sworn to observe ; and who struggled with desperate XVIII. energy to aggrandize their own power, at the expense of
1692. the interests and the liberties of their subjects. If, there- fore, the course of our fathers appears at times unjustifi- able, when viewed from the stand-point which we now occupy, or inconsistent with the maxims of English juris- prudence, which were then in an unsettled state, we are to consider the circumstances in which they were placed ; the ignorance of the age ; the difficulties they encountered ; the opprobrium which was hcaped upon them; and the blindness- and bigotry which stamp as well the annals of England as those of America; and to every candid mind these considerations, and others which will naturally sug- gest themselves, will furnish a sufficient apology for all apparent irregularities, and for excesses which may be regretted if they cannot be wholly excused. There is as little, however, in our annals, which needs an apology, as in the annals of any nation on the face of the globe. Ours is a history as proud as that of the most ancient and privi- ' leged monarchies of the old world; and prouder in pro- portion to the problems which have been wrought here, of the deepest, most thrilling, and vital significance.
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APENDIX.
Note A. The MS. here referred to, has since proved to be the original MS. History of Plymouth Colony, by Governor Bradford. The correspondence, for ascertaining this fact, was conducted by Charles Deane, Esq., of Boston ; and the Lord Bishop of London very readily consented to place the MS. in the hands of the Rev. Joseph Hunter, to be copied. The transcript will probably be soon received, and the volume will be forthwith issued, under the supervision of Mr. Deane, in the Collections of the Massachusetts Historical Society.
Note B. It will be understood, that, in adopting the statement of Morton, relative to the proceedings of the Dutch, we do not design to reflect upon the conduct of the Merchants of Holland, as in every sense unjustifiable. It was doubtless best for our country, that the Dutch should have continued to hold possession of New Netherland, as by that means, the foundations of the City of New York were laid by men of greater commercial energy than the Pilgrims.
FEB 75
N. MANCHESTER, INDIANA
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