Part 175

"In May, 1660, Charles II. mounted the throne of his ancestors. … In December of this year, intelligence of the accession of a new king had reached Massachusetts; the General Court convened and prepared addresses to his majesty. … In the following May a reply, signed by Mr. Secretary Morrice, together with a mandate for the arrest of Goffe and Whalley, the regicides who had escaped to Massachusetts, was received in Boston. The king's response contained a general expression of good will, which, however, did not quiet the apprehensions of the colonists. The air was filled with rumors, and something seemed to forebode an early collision with the crown. At a special session of the court, held in June, 'a declaration of natural and chartered rights' was approved and published. In this document the people affirmed their right 'to choose their own governor, deputy governor, and representatives; to admit freemen on terms to be prescribed at their own pleasure; to set up all sorts of officers, superior and inferior, and point out their power and places; to exercise, by their annually elected magistrates and deputies, all power and authority, legislative, executive, and judicial; to defend themselves by force of arms against every aggression; and to reject, as an infringement of their rights, any parliamentary or royal imposition, prejudicial to the country, and contrary to any just act of colonial legislation.' More than a year elapsed from the restoration of Charles II. to his public recognition at Boston. … Even the drinking of his health was forbidden, and the event was celebrated only amid the coldest formalities. Meanwhile the colonists not only declared, but openly assumed, their rights; and in consequence complaints were almost daily instituted by those who were hostile to the government. Political opinion was diversified; and while 'a majority were for sustaining, with the charter, an independent government in undiminished force, a minority were willing to make some concessions.' In the midst of the discussions, John Norton, 'a friend to moderate counsels,' and Simon Bradstreet were induced to go to England as agents of the colony. Having been instructed to convince the king of the loyalty of the people of Massachusetts, and to 'engage to nothing prejudicial to their present standing according to their patent, and to endeavor the establishment of the rights and privileges then enjoyed,' the commissioners sailed from Boston on the 10th of February, 1662. In England they were courteously received by king Charles, and from him obtained, in a letter dated June 28, a confirmation of their charter, and an amnesty for all past offences. At the same time the king rebuked them for the irregularities which had been complained of in the government; directed 'a repeal of all laws derogatory to his authority; the taking of the oath of allegiance; the administration of justice in his name; a concession of the elective franchise to all freeholders of competent estate; and as 'the principle of the charter was the freedom of the liberty of conscience,' the allowance of that freedom to those who desired to use 'the booke of common prayer, and perform their devotion in the manner established in England.' These requisitions of the king proved anything but acceptable to the people of Massachusetts. With them the question of obedience became a question of freedom, and gave rise to the parties which continued to divide the colony until the establishment of actual independence. It was not thought best to comply immediately with his majesty's demands; on the other hand, no refusal to do so was promulgated." Presently a rumor reached America "that royal commissioners were to be appointed to regulate the affairs of New England. Precautionary measures were now taken. The patent and a duplicate of the same were delivered to a committee of four, with instructions to hold them in safe keeping. Captain Davenport, at Castle Fort, was ordered to give early announcement of the arrival of his Majesty's ships. Officers and soldiers were forbidden to land from ships, except in small parties. … On the 23d of July, 1664, 'about five or six of the clock at night,' the 'Guinea,' followed by three other ships of the line, arrived in Boston harbor. They were well manned and equipped for the reduction of the Dutch settlements on the Hudson, and brought commissioners hostile to colonial freedom, and who were charged by the king to determine 'all complaints and appeals in all causes and matters, as well military as criminal and civil,' and to 'proceed in all things for the providing for and settling the peace and security of the country, according to their good and sound discretions.' Colonel Richard Nichols and Colonel George Cartwright were the chief members of the commission. {2110} At the earliest possible moment they produced their legal warrant, the king's letter of April 23, and requested the assistance of the colonies in the reduction of the Dutch. Shortly afterwards the fleet set out for New Netherlands. On the 3d of August the General Court convened, and the state of affairs was discussed." As the result of the discussion it was agreed that a force of 200 men should be raised to serve against the Dutch, and that the old law of citizenship should be so far modified as to provide "'that all English subjects, being freeholders, and of a competent estate, and certified by the ministers of the place to be orthodox in faith, and not vicious in their lives, should be made freemen, although not members of the church.' Before the session closed, Massachusetts published an order forbidding the making of complaints to the commissioners," and adopted a spirited address to the king. When, in February, 1665, three of the commissioners returned to Boston, they soon found that they were not to be permitted to take any proceedings which could call in question "the privilege of government within themselves" which the colony claimed. Attempting in May to hold a court for the hearing of charges against a Boston merchant, they were interrupted by a herald from the governor who sounded his trumpet and forbade, in the name of the king, any abetting of their proceedings. On this they wrathfully departed for the north, after sending reports of the contumacy of Massachusetts to the king. The latter now summoned governor Bellingham to England, but the summons was not obeyed. "'We have already furnished our views in writing [said the General Court], so that the ablest persons among us could not declare our case more fully.' … The defiance of Massachusetts was followed by no immediate danger. For a season the contest with the crown ceased. The king himself was too much engaged with his women to bestow his attention upon matters of state; and thus, while England was lamenting the want of a good government, the colonies, true to themselves, their country, and their God, flourished in purity and peace."

_G. L. Austin, History of Massachusetts, chapter 4._

_Records of the Governor and Company of Massachusetts Bay, volume 4, part 2._

See, also, NEW YORK: A. D. 1664.

MASSACHUSETTS: A. D. 1671-1686. The struggle for the charter and its overthrow.

"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. … 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 Massachusetts was not molested by Great Britain, they were not all years during which the theocracy could tranquilly enjoy its victory. … With the rise of Danby a more regular administration opened, and, as usual, the attention of the government was fixed upon Massachusetts 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. … New England was fast getting its share of the carrying trade. London merchants already began to feel the competition of its cheap and untaxed ships, and manufacturers to complain that they were undersold in the American market, by goods brought direct from the Continental ports. A petition, therefore, was presented to the king, to carry the law into effect. … The famous Edward Randolph now appears. The government was still too deeply embarrassed 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 petitions and opinions to Massachusetts; 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. … 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 utmost care & caution, qualified as to their instructions.' 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. … The controversy concerning the boundary was referred to the two chief justices, who promptly decided against the Company; 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 title of Gorges for 1,250 pounds. 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 anticipate the crown and thus became 'Lord Proprietary' of a burdensome province at the cost of a slight which was never forgiven. {2111} 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. … In the spring the law officers gave an opinion that the misdemeanors alleged against Massachusetts 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. 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. The royal arms were also carved in the courthouse; and this was all, for the clergy were determined upon those matters touching their authority. … 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. … 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 Assistants, 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. … 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 asserted, he was treated with great respect. 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 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 Hampshire. … 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 statesmanship. … 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. They had previously been directed to pacify the king by a present of 2,000 pounds; and this ill-judged attempt at bribery had covered them with ridicule. Further negotiation would have been futile. Proceedings were begun at once, and Randolph was sent to Boston to serve the writ of 'quo warranto'; 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. Dudley, who was a man of much political sagacity, had returned and strongly urged moderation. The magistrates were not without the instincts of statesmanship: 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. 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,' and they roused their congregations to resist. The deputies did not represent the people, but the church. … The influence which had moulded their minds and guided their actions controlled them still, and they rejected the address. … 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. … So perished the Puritan Commonwealth. The child of the Reformation, its life sprang from the assertion of the freedom of the mind; but this great and noble principle is fatal to the temporal power of a priesthood, and during the supremacy of the clergy the government was 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."

_Brooks Adams, The Emancipation of Massachusetts, chapter 6._

"December 19, 1686, Sir Edmund Andros arrived at Nantasket, in the Kingfisher, a 50 gun ship, with commissions from King James for the government of New England."

_T. Hutchinson, History of the Colony of Massachusetts Bay, volume 1, chapter 3._

ALSO IN: _G. E. Ellis, Puritan Age and Rule in Massachusetts, chapter 13._

C. Deane, _The Struggle to Maintain the Charter of Charles I. (Memorial History of Boston, volume 1, pages 329-382)._

_Records of the Governor and Company Massachusetts Bay, volume 5._

See, also, NEW ENGLAND: A. D. 1686.

MASSACHUSETTS: A. D. 1674-1678. King Philip's War.

See NEW ENGLAND: A. D. 1674-1675; 1675; 1676-1678.

MASSACHUSETTS: A. D. 1679. The severance of New Hampshire.

See NEW HAMPSHIRE: A. D. 1641-1679.

{2112}

MASSACHUSETTS: A. D. 1686-1689. The tyranny of Andros and its downfall.

"With the charter were swept away representative government, and every right and every political institution reared during half a century of conflict. The rule of Andros was on the model dear to the heart of his royal master—a harsh despotism, but neither strong nor wise; it was wretched misgovernment, and stupid, blundering oppression. And this arbitrary and miserable system Andros undertook to force upon a people of English race, who had been independent and self-governing for fifty years. He laid taxes at his own pleasure, and not even according to previous rates, as he had promised; he denied the Habeas Corpus to John Wise, the intrepid minister of Ipswich, arrested for preaching against taxation without representation, and he awakened a like resistance in all directions. He instituted fees, was believed to pack juries, and made Randolph licenser of the press. Worst of all, he struck at property, demanded the examination of the old titles, declared them worthless, extorted quit-rents for renewal, and issued writs of intrusion against those who resisted; while, not content with attacking political liberty and the rights of property, he excited religious animosity by forbidding civil marriages, seizing the old South church for the Episcopal service, and introducing swearing by the Book in courts of justice. He left nothing undone to enrage the people and prepare for revolution; and when he returned from unsuccessful Indian warfare in the east, the storm was ready to burst. News came of the landing of the Prince of Orange. Andros arrested the bearer of the tidings, and issued a proclamation against the Prince; but the act was vain. Without apparent concert or preparation Boston rose in arms, the signal-fire blazed on Beacon Hill, and the country people poured in, hot for revenge. Some of the old magistrates met at the town-house, and read a 'declaration of the gentlemen, merchants, and inhabitants,' setting forth the misdeeds of Andros, the illegality of the Dudley government by commission, and the wrongful suppression of the charter. Andros and Dudley were arrested and thrown into prison, together with the captain of the Rose frigate, which lay helpless beneath the guns of the fort, and a provisional government was established, with Bradstreet at its head. William and Mary were proclaimed, the revolution was complete, and Andros soon went back a prisoner to England."

_H. C. Lodge, Short History of the English Colonies, chapter 18._

ALSO IN: _J. G. Palfrey, History of New England, book 3, chapters 13-14 (volume 3)._

_The Andros Tracts; edited by w. H. Whitmore (Prince Society, 1868)._

MASSACHUSETTS: A. D. 1689-1692. The procuring of the new Charter. The Colonial Republic transformed into a Royal Province. The absorption of Plymouth.