The Emancipation of Massachusetts

liberal in religion as was consistent with the temper of their age, the early relations of Massachusetts toward Great Britain might now be a pleasanter study f

lute control over the plantations, while the next year a writ of quo warranto was brought against the patent. [Footnote: See introduction to New Canaan, Prince Soc. ed

on legislation antagonistic to English law; therefore the ecclesiastics were jealous of Parliament, and had little love for Cromwell, whom

the courts could give relief by setting aside unreasonable ordinances, and sometimes Parliament itself would interfere, as it did upon the petition against the exactions of the Merchant Adventurers. Now there was nothing upon which the theocracy more strongly insisted than that "our charter doeth expresly give vs an absolute & free choyce of our oune members;" [Footnote: Mass. Rec. v. 287.] because by means of

o levy general taxes and duties, none of which things they had power to do. Still, such irregularities as these, had they been all, most English statesmen would have overlooked as unavoidable. But when it came to adopting a criminal code based on the Pentateuch, and, in support of a dissenting form of worship, fining and imprisoning, whipping, mutilating, and hanging English s

, the king's name was not in the writs, nor were the royal arms upon the public buildings; even the oath of allegiance was rejected, though it was unobjectionable in form. She had grown to believe that were offence taken she had only to invent pretexts for delay, to have her fault for

They were brought to Boston and tried on the charge of being "blasphemous enemies of the true religion of our Lord Jesus Christ, and of all his holy ordinances, and likewise of all civil government among his people, and particularly within this jurisdiction." [Footnote: Winthrop, ii. 146.] All the magistrates but three thought

Maine. The grant in the charter was of all lands between the Charles and Merrimack, and also all lands within the space of three miles to the northwa

rdingly the territory to the north, being unoccupied, was granted to Mason and Gorges. Nor was this construction questioned before 1

were absorbed with the consent of their inhabitants, who thus gained a regular government; another happy consequence was the settlement o

before complaints poured in from every side. Quakers, Baptists, Episcopalians, all who had suffered persecution, flocked to the foot of the throne; and beside these came those who had been injured in their estates, foremost of whom were the heirs of Mason and Gorges. The pressure was so great and the

land to present an address and protect the public interests. The mission was not agreeable; Norton especially was reluctant, and with reas

far as the crown was concerned apprehension was needless, for Lord Clarendon was prime minister, whose policy toward New England was throughout wise and modera

ar themselves as much as possible, but especially priest Norton, who b

They answered, 'They were subjects to the laws of England; and they had put his friends to death by the same law, as the Jesuits were put to death in England.' Hereupon G. Fox asked, 'whether they did believe that those his friends, whom they had put to death, were Jesuits, or jesuitically affected?' They said 'Nay.' 'Then,' replied G. Fox, 'ye have murdered them; for since ye put them to death by the law that Jesuits are put to death here in England, it plainly appears, you have put them to death arbitrarily, without any law.' Thus Broadstreet, finding himself and his company ensnar'd by their own words, ask'd, 'Are you come to catch us?' But he told them 'They had catch'd themselves, and they might justly be questioned for their li

ould make certain reforms in their government. They were required to repeal such statutes as were contrary to the laws of England, to take the oath of allegiance, and to administer justice in the king's name. And then followed two propositions that were crucial: "And since the principle and foundation of that charter was and is the freedom of liberty of conscience, wee do hereby charge and require you that that fr

le danger, and had shown no little skill in behalf of the commonwealth; and the fate of John Norton enables us to realize the rancor of theological feeling. The successor of Cotton, by general consent the leading minister, in some respects the most eminen

2, p. 58.] And it is a sign of the boldness, or else of the indiscretion, of those in power, that this crisis was chosen for striking a new coin, [Footnote:

ars to have been much dissatisfied with the condition in which he found them. At l

ned and imprisoned in 1646 for petitioning with Childe, was made a member. Colonel Richard Nichols, the head of the bo

rnor; they were to urge the reforms already demanded by the king, especially a larger toleration, for "they doe in truth deny that liberty of conscience to each other, which is equally provided for and granted to every one of them by their charter." [Footnote: Private Instructions O'Callaghan Documents, iii. 58.] They were directed

ing jurisdiction over many thousand English subjects, only a minority of whom were freemen and voters. So long, therefore, as she remained within the empire, the crown was bound to see that the privileges of the English Constitution were not denied within her territory. Yet, though this is true, it is equally certain that the erection of a commission of appeal without an act of Parliament was irregular. The stretch of prerog

hey extended the qualification by enacting that Englishmen who presented a certificate under the hands of the minister of the town that they were orthodox in religion and not vicious in life, and who paid, beside, 10s. at a single rate, might become freemen, as well as those who were church-members. [Footnote: Mass. Rec. vol. iv. pt. 2

heir sins had provoked God to permit their adversaries to procure a commission, under the great seal, to four persons to hear appeals. When this address reached London it caused surprise. The chancellor was annoyed. He wrote to America, pointing out that His Majesty would hardly think himself well used at complaints before a beginning had been made, and a demand that his commission should be revoked before his commissioners had been able to deliver their instructions. "I know," he said, "they are expressly inhibited from intermedling

at Massachusetts would prove stubborn, they judged it wiser to begin with the more tractable colonies first. They therefore went to

the oath of allegiance, and that justice

ough of different judgments, might be admitted to be freemen, and ha

d civil lives not scandalous, should be admitted to the Lord's Supper [and

ory to his majesty should be repe

Rhode Island and Connecticut. They were accepted without a

ion to the government, the colonies sent loyal ad

pressive statutes to uphold, nor anything to conceal. Provided the liberty of English subjects was secured to them they were content to obey the English Constitution. On the other hand, Massachusetts was a theocracy, the power of w

h hath binn, under God, the heade of that libertie for our consciences for which the first adventurers ... bore all ... discouragements that encountered them ... in this wildernes

had conformed to his majesty's requirements in regard to the franchise; and lastly, in relation to toleration, there was no equivocation. "Concerning the vse of the Common Prayer Booke"... we had not become "voluntary exiles from our deare native country, ...

e commissioners, therefore, asked for a direct answer to this question: "Whither doe yow acknowledge his majestjes comission ... to be of full force?" [Footnote: Mass. Rec. vol. iv. pt. 2, p.204] They were met by evasion. On the 23d of M

tts. [Footnote: June, 1665] In this they followed the king's instructions, who himself acted upon the advice of the law officers of the crown, who had give

London at once, and forbid interference with Maine. No notice was taken of the order to send agents; and in 1668 possession was again taken of the p

th. The clergy were exultant, and the Rev. Mr. Dav

hat house which wisdom had built for you and your posterity.... As for the solemnity of publishing it, in three places, by sounding a trumpet, I believe you did it upon good advice, ... for declaring the courage and resolution of the whole countrey to defend their charter liberties and privil

nd their guns were heard in London. Peace became necessary, and in August Clarendon was dismissed from office. The discord between the crown and Parliament paralyzed the nation, and the wastefulness of Charles kept him always poor. By the treaty of Dover in 1670 he became a pensioner of Louis XIV. The Cabal followed, probably th

etts was not molested by Great Britain, they were not all year

which brought the colony to the brink of ruin, and in which the clergy saw the judgment of God against

the heirs of Mason and Gorges, in despair at the reoccupation of Maine, proposed to surrender their claim to the king, reserving one third of the product of the customs for themselves. The London merchants also had become restive under the systema

was not only to protect English shipping, but to give her the entire trade of her dependencies. To that end it was made illegal to import E

l office then existed; the affairs of the dependencies were assigned to a committee of the Privy Council, called the Lords of Committee of Trade and Plantations; and on these questions being referred by them to the proper officers, the commissioners of customs sustained the merchants; the attorney-general, the heirs of Mason and Gorges. [Footnote: Palfrey, iii. 281; Chalmers's Political Annals of the United Colonies, p. 262.] The famous Edward Randolph now appears. The government was still too deeply embarrassed to act with energy.

Filled with such feelings, their reception of Randolph was almost brutal. John Leverett was governor, who seems to have taken pains to mark his contempt in every way in his power. Randolph was an able, but an unscrupulous

d so Randolph was dismissed. Five days after he was again sent for, and asked whether he "intended for London by that ship that was ready to saile?" If so, he could have a duplicate of the answer to the king, as the original was to go by other hands. He replied that he had other business in charge, and inquired whether they had well considered the petitions, and fixed upon their agents so soon. Leverett did not deign to answer, but told him "he looked upon me as Mr. Mason's agent, and that I might withdraw." The next day he saw the governor at his own house, who took occasion, when Randolph referred to the Navigation Acts, to expound the legal views of the theocracy. "He freely declared to me that the lawes made by your majestie and your Parliament obligeth them in nothing but what consists with the i

them God would blesse, and those that cursed them God would curse." And that "they were a people truely fearing the Lord and very obedient to yo

e, with vtmost care & caution, qualified as to their instructions." [Footnote: Mass. Rec. v. 99.] Accordingly, after a short adjournment, the General Court chose William Stou

cruel policy of the theocracy had borne its natural fruit: without an ally in the world, Massachusetts was beset by enemies. Quakers, Baptists, and Episcopalians whom she had persecuted and exiled; the heirs of Mason and Gorges, whom she had wronged; Andros, whom she had maligned; [Footnote: He had been accused o

e of the General Court must raise a doubt as to their faith in the soundness of their claims. And now again the fatality which seemed to pursue the theocracy in all its dealings with England led it

ed by their instructions, but were sharply told that his majesty did not think of treating with his own subjects as with foreigners, and it would be well to intimate the same to their principals. [Footnote: Palfrey, iii. 309.] In December, 1677, Stoughton wrote in great alarm that something must be done concerning the Navigation Acts or a breach would be inevitable. [Footnote: Hutch. Hist. i. 288.] And the General Court saw reason in this emergency to increase the tension by reviving the obnoxious oath of fidelity to the country, [Footnote: Mass. Rec. v. 154.]-the substit

320, note 2.] The royal arms were also carved in the court-house; and this was all, for the clergy were determined upon those matters touching their authority. The agents were told, "that which is farr more considerable then all these is the in

as to number, compared with those that were acknowledged church-members." [Footnote: Palfrey, iii. 318.] They were in fact probably as five to one. The General Court had been censured for using the word Commonwealth in official documents, as intimating independence. They hastened to assure the crown that it had not of late been used, and should not be thereafter; [Footnote: Mass. Rec. v. 198. And

ns were no longer united in support of the policy of their pastors. This policy was singularly desperate. Casting aside all but ecclesiastical considerations, the clergy consistently rejected any compromise with the crown which threatened to touch the church. Almost from the first they had recognized that substantial independence was necessary in order to maintain the theocracy. Had the colony

at length her sovereignty should be asserted; and an armed occ

concession, while the country was the ministers' stronghold. The result of this divergence of opinion was that the moderate party, to which Bradstreet and Dudley belonged, predominated in the Bo

he legislature, charged with the crime of erecting a meeting-house. They were admonished and forbidden to meet for worship except with the established congregations; and their church was closed. [Footnote: Mass. Rec. v. 271.] That very day an address was voted to the king, one passage of which is as follows: "Concerning liberty of conscience,

duced the conviction that the moment for action had come. In December he returned, commissioned as deputy-surveyor and auditor-general for all New England, except New Hampshire. When Stoughton and Bulkely were dismissed, the colony had been commanded to send new agents within six months. In September, 1680, another royal letter had been written, in which the king dwelt upon the misconduct of his subjects, "when ... we signified unto you our gracious inclination to have all past deeds forgotten... wee then little thought that those markes of our grace and favour should have found no better ac

with, "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 kings-bench, whe

overthrown; but this dream ended with the dissolution of the Oxford Parliament, and further inaction became impossible. Joseph Dud

y thing that may violate or infringe the liberties & priuiledges granted to us by his majesties royall charter, or the gouernment established thereby; but if any thing be propounded that may tend therevnto, yow shall say, yow haue received no instruction in that matter." [Footnote: Mass. Rec. v. 349

ioners; and the laws compelled Episcopalians to attend the Congregatio

aw under which the Baptist church was closed applied in terms to all inhabitants, it is true; but it was contrived to suppress schism, it was used

rd to the reform of the suff

itt into our oune company, which yet hath not binn restrayned to Congregational men, but others haue been

eminde your lordship, that nothing their agents can say or doe in England can be any ground for his

their government or abandon every guaranty of popular liberty. The clergy did not hesitate before the momentous alternative: they exerted themselves to the utmost, and turned the scale for the last time. [Footnote: Hutch. Hist. i. 303, note.] In fresh instructions the agents were urged to do what was possible to avert, or at least delay, the stroke; but they w

mon freedom, and they voted an address to the crown accepting the proffered terms. [Footnote: 1683, 15 Nov. Hutch. Hist. i. 304.] But the clergy strove against them: the privileges of their order were at stake; they felt that the loss of their importance would be "destructive to the interest of religion and of Christ's kingdom in the colony," [Footnote: Palfrey, iii. 381.] and they roused their congregations to resist. The deputies did not represent the people, but the church. They were men who had been trained from infancy by the priests, who had been admitted to the communion and the franchise on account of th

terpose such delays as the law permitted; but no attempt was made at defence upon the

t to appear and plead on the first day of the next Michaelmas Term. The time allowed was too short for an answer from America, and judgment was entered by default. [Footnote: Decree ent

e had from you in the affaire of your charter; that a prudent peopl

t haue gained more time, and spent more money, since the breaches assigned against you, were as obvious as vnanswerable, soe as all

to yssue ... you may remember I sent with it such drafts of lettres of attorney, to pass vnder your comon seale as were essentially necessary to empower and justif

lordship and that he ought not to haue granted it, for that every corporacon ought to haue an attorney in every court to appeare to his majesties suite, and that London had such.... However certainely you ought when my lettres were come to you, nunc pro tune, to haue past the lettres of attorney I sent you under your comon seale and sent them me, and not to haue stopt them upon any private surmises from other hands then

against you, expecting you would before such lettre could haue reacht you haue sent me the lettres of attorney vnder

of your capacityes you could imagine it should be presented to his majesty, for if as a corporacon, a body politique, it should have been putt under your corporac

ng publiquely for he had noe warrant from you to just

as doomed to be both persecuting and repressive. Under no circumstance could the theocracy have endured: it must have fallen by revolt from within if not by attack from without. That Charles II. did in fact cause its overthrow gives him a claim to our common gratitude,