The Emancipation of Massachusetts Part 22

Coll._, Prince Soc. ed. ii. 110; Palf. ii. 622.]

The triumph was complete. All that the English government was then able to do was to recall the commissioners, direct that agents should be sent to 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 province, and the courts of the company once more sat in the county of York. [Footnote: July, 1668. Report of Com. _Ma.s.s. Rec._ vol. iv. pt. 2, p. 401.]

This was the culmination of the Puritan Commonwealth. The clergy were exultant, and the Rev. Mr. Davenport of New Haven wrote in delight to Leverett:--

"Their claiming power to sit authoritatively as a court for appeales, and that to be managed in an arbitrary way, was a manifest laying of a groundworke to undermine your whole government established by your charter. If you had consented thereunto, you had plucked downe with your owne hands that house which wisdom had built for you and your posterity.... As for the solemnity of publis.h.i.+ng 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 priviledges, and not to yeeld up theire right voluntarily, so long as they can hold it, in dependence upon G.o.d in Christ, whose interest is in it, for his protection and blessing, who will be with you while you are with him." [Footnote: Davenport to Leverett. _Hutch. Coll._, Prince Soc. ed. ii. 119.]

Although the colonists were alarmed at their own success, there was nothing to fear. At no time before or since could England have been so safely defied. In 1664 war was begun against Holland; 1665 was the year of the plague; 1666 of the fire. In June, 1667, the Dutch, having dispersed the British fleets, sailed up the Medway, and 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 the worst ministry England ever saw; and in 1672, at Clifford's suggestion, the exchequer was closed and the debt repudiated to provide funds for the second Dutch war. In March fighting began, and the tremendous battles with De Ruyter kept the navy in the Channel. At length, in 1673, the Cabal fell, and Danby became prime minister.

Although during these years of disaster and disgrace Ma.s.sachusetts was not molested by Great Britain, they were not all years during which the theocracy could tranquilly enjoy its victory.

So early as 1671 the movements of the Indians began to give anxiety; and in 1675 Philip's War broke out, which brought the colony to the brink of ruin, and in which the clergy saw the judgment of G.o.d against the Commonwealth, for tenderness toward the Quakers. [Footnote: _Reforming Synod, Magnalia_, bk. 5, pt. 4.]

With the rise of Danby a more regular administration opened, and, as usual, the attention of the government was fixed upon Ma.s.sachusetts by the clamors of those who demanded redress for injuries alleged to have been received at her hands. In 1674 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 systematic violation of the Navigation Acts. The breach in the revenue laws had, indeed, been long a subject of complaint, and the commissioners had received instructions relating thereto; but it was not till this year that these questions became serious.

The first statute had been pa.s.sed by the Long Parliament, but the one that most concerned the colonies was not enacted till 1663. The object was not only to protect English s.h.i.+pping, but to give her the entire trade of her dependencies. To that end it was made illegal to import European produce into any plantation except through England; and, conversely, colonial goods could only be exported by being landed in England.

The theory upon which this legislation was based is exploded; enforced, it would have crippled commerce; but it was then, and always had been, a dead letter at Boston. New England was fast getting its share of the carrying trade. London merchants already began to feel the compet.i.tion of its cheap and untaxed s.h.i.+ps, and manufacturers to complain that they were undersold in the American market, by goods brought direct from the Continental ports. A pet.i.tion, therefore, was presented to the king, to carry the law into effect. No colonial office then existed; the affairs of the dependencies were a.s.signed 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 embarra.s.sed to act with energy. A temporizing policy was therefore adopted; and as the experiment of a commission had failed, Randolph was chosen as a messenger to carry the pet.i.tions and opinions to Ma.s.sachusetts; together with a letter from the king, directing that agents should be sent in answer thereto. After delivering them, he was ordered to devote himself to preparing a report upon the country. He reached Boston June 10, 1676.

Although it was a time of terrible suffering from the ravages of the Indian war, the temper of the magistrates was harsher than ever.

The repulse of the commissioners had convinced them that Charles was not only lazy and ignorant, but too poor to use force; and they also believed him to be so embroiled with Parliament as to make his overthrow probable. 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 man, and probably it would not have been difficult to have secured his good-will. Far however from bribing, or even flattering him, they so treated him as to make him the bitterest enemy the Puritan Commonwealth ever knew.

Being admitted into the council chamber, he delivered the letter.

[Footnote: Randolph's Narrative. _Hutch. Coll._, Prince Soc. ed. ii.

240.] The governor opened it, glanced at the signature, and, pretending never to have heard of Henry Coventry, asked who he might be. He was told he was his majesty's princ.i.p.al secretary of state. He then read it aloud to the magistrates. Even the fierce Endicott, when he received the famous "missive" from the Quaker Shattock, "laid off his hat ... [when]

he look'd upon the papers," [Footnote: Sewel, p. 282.] as a mark of respect to his king; but Leverett and his council remained covered.

Then the governor said "that the matters therein contained were very inconsiderable things and easily answered, and it did no way concern that government to take any notice thereof;" and so Randolph was dismissed. Five days after he was again sent for, and asked whether he "intended for London by that s.h.i.+p 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 pet.i.tions, 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 interest of that colony, that the legislative power is and abides in them solely ... and that all matters in difference are to be concluded by their finall determination, without any appeal to your majestie, and that your majestie ought not to retrench their liberties, but may enlarge them." [Footnote: Randolph's Narrative. _Hutch. Coll._, Prince Soc. ed. ii. 243.] One last interview took place when Randolph went for dispatches for England, after his return from New Hamps.h.i.+re; then he "was entertained by" Leverett "with a sharp reproof for publis.h.i.+ng the substance of my errand into those parts, contained in your majestie's letters, ... telling me that I designed to make a mutiny.... I told him, if I had done anything amisse, upon complaint made to your majestie he would certainly have justice done him."...

"At my departure ... he ... intreated me to give a favourable report of the country and the magistrates thereof, adding that those that blessed them G.o.d would blesse, and those that cursed them G.o.d would curse." And that "they were a people truely fearing the Lord and very obedient to your majestie." [Footnote: _Hutch. Coll._, Prince Soc. ed. ii. 248.] And so the royal messenger was dismissed in wrath, to tell his story to the king.

The legislature met in August, 1676, and a decision had to be made concerning agents. On the whole, the clergy concluded it would be wiser to obey the crown, "provided they be, with vtmost care & caution, qualified as to their instructions." [Footnote: _Ma.s.s. Rec._ v. 99.]

Accordingly, after a short adjournment, the General Court chose William Stoughton and Peter Bulkely; and having strictly limited their power to a settlement of the territorial controversy, they sent them on their mission. [Footnote: _Ma.s.s. Rec._ v. 114.]

Almost invariably public affairs were seen by the envoys of the Company in a different light from that in which they were viewed by the clerical party at home, and these particularly had not been long in London before they became profoundly alarmed. There was, indeed, reason for grave apprehension. The selfish and cruel policy of the theocracy had borne its natural fruit: without an ally in the world, Ma.s.sachusetts 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 of countenancing aid to Philip when governor of New York. O'Callaghan Doc.u.ments, iii.

258.] and Randolph, whom she had insulted, wrought against her with a government whose sovereign she had offended and whose laws she had defied. Even her English friends had been much alienated. [Footnote: Palfrey, iii. 278, 279.]

The controversy concerning the boundary was referred to the two chief justices, who promptly decided against the Company; [Footnote: See Opinion; Chalmers's _Annals_, p. 504.] and the easy acquiescence 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 to give fresh provocation to the king by secretly buying the t.i.tle of Gorges for twelve hundred and fifty pounds. [Footnote: May, 1677. Chalmers's _Annals_, pp. 396, 397. See notes, Palfrey, iii. 312.]

Charles had intended to settle Maine on the Duke of Monmouth. It was a worthless possession, whose revenue never paid for its defence; yet so stubborn was the colony that it made haste to antic.i.p.ate the crown and thus become "Lord Proprietary" of a burdensome province at the cost of a slight which was never forgiven. Almost immediately the Privy Council had begun to open other matters, such as coining and illicit trade; and the attorney-general drew up a list of statutes which, in his opinion, were contrary to the laws of England. The agents protested that they were limited 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 princ.i.p.als. [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: _Ma.s.s. Rec._ v. 154.]--the subst.i.tute for the oath of allegiance,--and thus gave Randolph a new and potent weapon. In the spring [Footnote: Palfrey, iii. 316, 317; Chalmers's _Annals_, p. 439.]

the law officers gave an opinion that the misdemeanors alleged against Ma.s.sachusetts were sufficient to avoid her patent; and the Privy Council, in view of the encroachments and injuries which she had continually practised on her neighbors, and her contempt of his majesty's commands, advised that a _quo warranto_ should be brought against the charter. Randolph was appointed collector at Boston.

[Footnote: 1678, May 31.]

Even Leverett now saw that some concessions must be made, and the General Court ordered the oath of allegiance to be taken; nothing but perversity seems to have caused the long delay. [Footnote: Oct. 2, 1678.

_Ma.s.s. Rec._ v. 193. See Palfrey, iii. 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 interest of the Lord Jesus & of his churches ... which ought to be farr dearer to us than our liues; and ... wee would not that by any concessions of ours, or of yours... the least stone should be put out of the wall." [Footnote: _Ma.s.s. Rec._ v. 202.]

Both agents and magistrates were, nevertheless, thoroughly frightened, and being determined not to yield, in fact, they resorted to a policy of misrepresentation, with the hope of deceiving the English government.

[Footnote: See Answers of Agents, Chalmers's _Annals_, p. 450.]

Stoughton and Bulkely had already a.s.sured the Lords of Committee that the "rest of the inhabitants were very inconsiderable 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 doc.u.ments, as intimating independence. They hastened to a.s.sure the crown that it had not of late been used, and should not be thereafter; [Footnote: _Ma.s.s. Rec._ v. 198. And see, in general, the official correspondence, pp. 197-203.] yet in November, 1675, commissions were thus issued. [Footnote: Palfrey, iii. 322.] But the breaking out of the Popish plot began to absorb the whole attention of the government at London; and the agents, after receiving a last rebuke for the presumption of the colony in buying Maine, were at length allowed to depart. [Footnote: Nov. 1679.]

Nearly half a century had elapsed since the emigration, and with the growth of wealth and population changes had come. In March, John Leverett, who had long been the head of the high-church party, died, and the election of Simon Bradstreet as his successor was a triumph for the opposition. Great as the clerical influence still was, it had lost much of its old despotic power, and the congregations 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 been strong, they would doubtless have renounced their allegiance; but its weakness was such that, without the protection of England, it would have been seized by France. Hence they resorted to expedients which could only end in disaster, for it was impossible for Ma.s.sachusetts, while part of the British Empire, to refuse obedience at her pleasure to laws which other colonies cheerfully obeyed.

Without an ally, no resistance could be made to England, when at length her sovereignty should be a.s.serted; and an armed occupation and military government were inevitable upon a breach.

Though such considerations are little apt to induce a priesthood to surrender their temporal power, they usually control commercial communities. Accordingly, Boston and the larger towns favored 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 Board of a.s.sistants, while the deputies remained immovable. The branches of the legislature thus became opposed; no course of action could be agreed on, and the theocracy drifted to its destruction.

The duplicity characteristic of theological politics grew daily more marked. In May, 1679, a law had been pa.s.sed forbidding the building of churches without leave from the freemen of the town or the General Court. [Footnote: Ma.s.s. Rec. v. 213.] On the 11th of June, 1680, three persons representing the society of Baptists were summoned before the legislature, charged with the crime of erecting a meeting-house. They were admonished and forbidden to meet for wors.h.i.+p except with the established congregations; and their church was closed. [Footnote: Ma.s.s. Rec. v. 271.] That very day an address was voted to the king, one pa.s.sage of which is as follows: "Concerning liberty of conscience, ...

that after all, a mult.i.tude of notorious errors ... be openly broached, ... amongst us, as by the Quakers, &c., wee presume his majesty doeth not intend; and as for other Prottestant dissenters, that carry it peaceably & soberly, wee trust there shallbe no cause of just complaint against us on their behalfe." [Footnote: _Ma.s.s. Rec._ v. 287.]

Meanwhile Randolph had renewed his attack. He declared that in spite of promises and excuses the revenue laws were not enforced; that his men were beaten, and that he hourly expected to be thrown into prison; whereas in other colonies, he a.s.serted, he was treated with great respect. [Footnote: June, 1680. Palfrey, iii. 340.] There can be no doubt ingenuity was used to devise means of annoyance, and certainly the life he was made to lead was hard. In March [Footnote: March 15, 1680-1.] he sailed for home, and while in London he made a series of reports to the government which seem to have produced 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 Hamps.h.i.+re. 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 acceptance amoung you.... We doe therefore by these our letters, strictly command and require you, as you tender your allegiance unto us, and will deserve the effects of our grace and favour (which wee are enclyned to afford you) seriously to reflect upon our commands; ... and particularly wee doe hereby command you to send over, within three months after the receipt hereof, such... persons as you shall think fitt to choose, and that you give them sufficient instructions to attend the regulation and settlement of that our government." [Footnote: Sept. 30. _Hutch. Coll. _, Prince Soc. ed. ii.

261.]

The General Court had not thought fit to regard these communications, and now Randolph came charged with a long and stern dispatch, in which agents were demanded forthwith, "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, whereby our charter granted unto you, with all the powers thereof, may be legally evicted and made void; and so we bid you farewel." [Footnote: Chalmers's _Annals_, p. 449.]

Hitherto the clerical party had procrastinated, buoyed up by the hope that in the fierce struggle with the commons Charles might be overthrown; but this dream ended with the dissolution of the Oxford Parliament, and further inaction became impossible. Joseph Dudley and John Richards were chosen agents, and provided with instructions bearing the peculiar tinge of ecclesiastical statesmans.h.i.+p.

They were directed to represent that appeals would be intolerable; and, for their private guidance, the legislature used these words: "We therefore doe not vnderstand by the regulation of the gouernment, that any alteration of the patent is intended; yow shall therefore neither doe nor consent to any 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: _Ma.s.s. Rec._ v. 349.] With reference to the complaints made against the colony, they were to inform the king "that wee haue no law prohibbiting any such as are of the perswasion of the church of England, nor haue any euer desired to wors.h.i.+p G.o.d accordingly that haue been denyed." [Footnote: _Ma.s.s. Rec._ v. 347. March 23.]

Such a statement cannot be reconciled with the answer made the commissioners; and the laws compelled Episcopalians to attend the Congregational wors.h.i.+p, and denied them the right to build churches of their own.

"As for the Annabaptists, they are now subject to no other poenal statutes then those of the Congregational way." This sophistry is typical. The law 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 to coerce heretics, and it was unrepealed. Moreover, it would seem as though the statute inflicting banishment must then have still been in force.

The a.s.surances given in regard to the reform of the suffrage were precisely parallel:--

"For admission of ffreemen, wee humbly conceive it is our liberty, by charter, to chuse whom wee will admitt into our oune company, which yet hath not binn restrayned to Congregational men, but others haue been admitted, who were also provided for according to his majestjes direction." [Footnote: 1681-2, March 23.]

Such insincerity gave weight to Randolph's words when he wrote: "My lord, I have but one thing to reminde your lords.h.i.+p, that nothing their agents can say or doe in England can be any ground for his majestie to depend upon." [Footnote: Randolph to Clarendon. _Hutch. Coll._, Prince Soc. ed. ii. 277]

With these doc.u.ments and one thousand pounds for bribery, soon after increased to three, [Footnote: Chalmers's _Annals_, p. 461.] Dudley and Richards sailed. Their powers were at once rejected at London as insufficient, and the decisive moment came. [Footnote: _Idem_, p. 413.]

The churchmen of Ma.s.sachusetts had to determine whether to accept the secularization of 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 were forbidden to consent to appeals, or to alterations in the qualifications required for the admission of freemen.

[Footnote: 1683, March 30. _Ma.s.s. Rec._ v. 390.] They had previously been directed to pacify the king by a present of two thousand pounds; and this ill-judged attempt at bribery had covered them with ridicule.

[Footnote: Hutch. _Hist._ i. 303, note.]

Further negotiation would have been futile. Proceedings were begun at once, and Randolph was sent to Boston to serve the writ of _quo warranto_; [Footnote: 1683, July 20.] he was also charged with a royal declaration promising that, even then, were submission made, the charter should be restored with only such changes as the public welfare demanded. [Footnote: _Ma.s.s. Rec._ v. 422, 423.] Dudley, who was a man of much political sagacity, had returned and strongly urged moderation. The magistrates were not without the instincts of statesmans.h.i.+p: they saw that a breach with England must destroy all safeguards of the common 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 their religious fervor, and who had been brought into public life because the ecclesiastics found them pliable in their hands. The influence which had moulded their minds and guided their actions controlled them still, and they rejected the address. [Footnote: Nov. 30. Palfrey, iii. 385.] Increase Mather took the lead. He stood up at a great meeting in the Old South, and exhorted the people, "telling them how their forefathers did purchase it [the charter], and would they deliver it up, even as Ahab required Naboth's vineyard, Oh! their children would be bound to curse them."

[Footnote: Palfrey, iii. 388, note 1.]

All that could be resolved on was to retain Robert Humphrys of the Middle Temple to interpose such delays as the law permitted; but no attempt was made at defence upon the merits of their cause, probably because all knew well that no such defence was possible.

Meanwhile, for technical reasons, the _quo warranto_ had been abandoned, and a writ of _scire facias_ had been issued out of chancery. On June 18, 1684, the lord keeper ordered the defendant 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 entered June 21, 1684; confirmed, Oct. 23. Palfrey, iii. 393, note.] The decree was arbitrary, but no effort was made to obtain relief. The story, however, is best told by Humphrys himself:--

"It is matter of astonishment to me, to think of the returnes I haue had from you in the affaire of your charter; that a prudent people should think soe little, in a thing of the greatest moment to them.

"Which charge I humbly justify in the following particulars, and yet at the same time confess that all you could haue done would but haue gained more time, and spent more money, since the breaches a.s.signed against you, were as obvious as vnanswerable, soe as all the service your councill and friends could haue done you here, would haue onely served to deplore, not prevent the inevitable loss.

"When I sent you the lord keeper's order of the 18th of June 1684 requireing your appeareing peromptorily the first day of Michaelmas Tearme then next, and pleading to yssue ... you may remember I sent with it such drafts of lettres of attorney, to pa.s.s vnder your comon seale as were essentially necessary to empower and justify such appearance, and pleading for you here, which you could not imagine but that you must haue had due time to returne them in, noe law compelling impossibilities.