The Loyalists of America and Their Times Volume I Part 17

[Footnote 150: Collections of the Ma.s.sachusetts Historical Society, Vol.

VIII., Second Series, pp. 76-78.]

[Footnote 151: Collections of the Ma.s.sachusetts Historical Society, Vol.

VIII., Second Series, pp. 76, 78, 79.]

[Footnote 152: Danforth Papers, Collections of Ma.s.sachusetts Historical Society, Vol. VIII., pp. 98, 108, 109, Second Series.

The following particulars are given of the proceedings of the Court at a subsequent meeting on the same subject:

"October 10th, 1666. The General Court met again, according to adjournment in May last. At this Court many express themselves very sensible of our condition. Several earnest for sending, and some against sending. Those for sending none spake out fully that they would have the Governor (Mr. Bellingham) and Major Hawthorne go; but some will have men go to plead our cause with his Majesty; to answer what may be alleged against us, alleging reason, religion and our own necessity as forcing us thereto. Others are against it, as being the loss of all, by endangering a _quo warranto_ to be brought against our patent, and so to be condemned; a middle sort would have some go to present the Court's present to his Majesty, of two large masts and a ship's load of masts: and in case any demand were made why the Governor, Major Hawthorne, and others did not appear, to crave his Majesty's favour therein, and to plead with his Majesty, showing how inconsistent it is with our being, for any to be forced to appear to answer in a judicial way in England--to answer either appeals or complaints against the country.

"The last proposal is obstructed by sundry, as being ruinous to the whole; and so nothing can be done, the Governor and some others chiefly opposing it, so as that no orderly debate can be had to know the mind of the Court.

"The Court agreed to send two large masts aboard Capt. Pierce, 34 yards long, and the one 36 and the other 37 inches in diameter, and agreed to levy 1,000 for the payment of what is needful at present; but is obstructed--none will lend money unless men be sent, others because anything is to be sent; a return whereof made to the Court, they say they know not what to do more--in case they that have money will not part with it, they are at a stand. Some speak of raising by rate immediately. Others think there is so much dissatisfaction that men are not sent, that it will provoke and raise a tumult; and in case that it be raised by loan, it will be hardly paid--if consent be not given in their sending men with it, and there be no good effect, which is contingent, and thus we are every way at a stand; some fearing these things will precipitate our ruin, and others apprehending that to act further will necessitate our ruin."--_Ib._, pp. 110, 111.

From these notes, which Mr. Danforth made at the time when the proceedings referred to took place, it is plain there were a large number of loyalists even among the Congregationalists, as they alone were eligible to be members of, or to elect to the Court, and that the a.s.serters of independence were greatly perplexed and agitated.]

[Footnote 153: Danforth Papers, Collections of Ma.s.sachusetts Historical Society, Vol. VIII., pp. 99, 100, 108, 109.]

[Footnote 154: "There had been a press for printing at Cambridge for near twenty years. The Court appointed two persons (Captain Daniel Guekins and Mr. Jonathan Mitch.e.l.l, the minister of Cambridge), in October, 1662, licensers of the press, and prohibited the publishing of any books or papers which should not be supervised by them;" and in 1668, the supervisors having allowed the printing "Thomas a Kempis, de Imitatione Christi," the Court interposed (it being wrote by a popish minister, and containing some things less safe to be infused among the people), and therefore they commended to the licensers a more full revisal, and ordered the press to stop in the meantime. (Hutchinson's History of Ma.s.sachusetts Bay, Vol. I., pp. 257, 258.)]

[Footnote 155: Even during the Commonwealth in England, the Congregational Government of Ma.s.sachusetts Bay was one of unmitigated persecution. Mr. Hutchinson, under date of 1655, remarks:

"The persecution of Episcopalians by the prevailing powers in England was evidently from revenge for the persecution they had suffered themselves, and from political considerations and the prevalence of party, seeing all other opinions and professions, however absurd, were tolerated; but in New England it must be confessed that bigotry and cruel zeal prevailed, and to that degree that no opinion but their own could be tolerated. They were sincere but mistaken in their principles; and absurd as it is, it is too evident, they believed it to be to the glory of G.o.d to take away the lives of his creatures for maintaining tenets contrary to what they professed themselves. This occasioned complaints against the colony to the Parliament and Cromwell, but without success." (History of Ma.s.sachusetts Bay, Vol. I., p. 189.)]

[Footnote 156: "Proceedings and sentence of the County Court held at Cambridge, on adjournment, April 17, 1666, against Thomas Goold, Thomas...o...b..rne, and John George [157] (being Baptists):

"Thomas Goold, Thomas...o...b..rne, and John George, being presented by the Grand Jury of this county (Cambridge), for absenting themselves from the public worship of G.o.d on the Lord's dayes for one whole year now past, alleged respectively as followeth, viz.:

"Thomas...o...b..rne answered that the reason of his non-attendance was that the Lord hath discovered unto him from His Word and Spirit of Truth, that the society where he is now in communion is more agreeable to the will of G.o.d; a.s.serted that they were a Church, and attended the worship of G.o.d together, and do judge themselves bound to do so, the ground whereof he said he gave in the General Court.

"Thomas Goold answered that as for coming to public worship, they did meet in public worship according to the rule of Christ; the grounds thereof they had given to the General Court of a.s.sistants; a.s.serted that they were a public meeting, according to the order of Christ Jesus, gathered together.

"John George answered that he did attend the public meetings on the Lord's dayes where he was a member; a.s.serted that they were a Church according to the order of Christ in the Gospell, and with them he walked and held communion in the public worship of G.o.d on the Lord's dayes."

SENTENCE OF THE COURT.

"Whereas at the General Court in October last, and at the Court of a.s.sistants in September last, endeavours were used for their conviction.

The order of the General Court declaring the said Goold and Company to be no orderly Church a.s.sembly, and that they stand convicted of high presumption against the Lord and his holy appoyntments was openly read to them, and is on file with the records of this Court.

"The Court sentenced the same Thomas Goold, Thomas...o...b..rne, and John George, for their absenting themselves from the public worship of G.o.d on the Lord's dayes, to pay four pounds fine, each of them, to the County order. And whereas, by their own confessions, they stand convicted of persisting in their schismatical a.s.sembling themselves together, to the great dishonour of G.o.d _and our_ profession of his holy name, contrary to the _Act_ of the General Order of the Court of October last, prohibiting them therein on the penalty of imprisonment, this Court doth order their giving bond respectively in 20, each of them, for their appearance to answer their contempt at the next Court of a.s.sistants.

"The above named Thomas Goold, John George, and Thomas...o...b..rne made their appeal to the next Court of a.s.sistants, and refusing to put in security according to law, were committed to prison.

"_Vera Copia._"

"THO. DANFORTH, _Recorder_."

(Hutchinson's History of Ma.s.sachusetts Bay, Vol. I., pp. 397-401.)]

[Footnote 157: _Note_ by Mr. Hutchinson.--"These three persons scrupled at Infant Baptism, separated from the Churches of the country, and with others of the same persuasion with themselves, set up a church in Boston. Whilst Congregationalists in England were complaining of the intolerant spirit of Episcopalians, these Antipaedo Baptists in New England had equal reason to complain of the same spirit in the Congregationalists there."]

[Footnote 158: Neal's History of New England, Vol. II., Chap. viii., pp.

353, 354, 356.]

[Footnote 159: "They endeavoured not only by humble addresses and professions of loyalty to appease his Majesty, but they purchased a ship-load of masts (the freight whereof cost them sixteen hundred pounds sterling), and presented them to the King, which he graciously accepted; and the fleet in the West Indies being in want of provisions, a subscription and contribution was recommended through the colony for bringing in provisions to be sent to the fleet for his Majesty's service,[160] but I find no word of the whole amount. Upon the news of the great fire in London, a collection was made through the colony for the relief of the sufferers. The amount cannot be ascertained."

(Hutchinson's History of Ma.s.sachusetts Bay, Vol. I., pp. 256, 257.)]

[Footnote 160: _Note_ by Mr. Hutchinson.--"This was so well received that a letter was sent to the General Court, under the King's sign warrant, dated 21st April, 1669, signifying how well it was taken by his Majesty. So the letter expresses it."]

[Footnote 161: The following is a copy of the King's very courteous and reasonable letter:

"Copy of a letter from King Charles II. to the Governor, etc., of the Ma.s.sachusetts, dated July 24th, 1679.

"CHARLES R.

"Trusty and well beloved--We greet you well. These our letters are to accompany our trusty and well beloved William Stoughton and Peter Bulkly, Esqres., your agents, who having manifested to us great necessity in their domestic concerns to return back into New England, we have graciously consented thereunto, and the rather because for many months past our Council hath been taken up in the discovery and prosecution of a popish plot, and yet there appears little prospect of any speedy leisure for entering upon such regulation in your affairs as is certainly necessary, not only in respect of our dignity, but of your own perfect settlement. In the meantime, we doubt not but the bearers thereof, who have demeaned themselves, during their attendance, with good care and discretion, will, from their _own observations_, acquaint you with many important things which may be of such use and advertis.e.m.e.nt to you, that we might well hope to be prevented, by your applications, in what is expected or desired by us. So much it is your interest to propose and intercede for the same; for we are graciously inclined to have all past errors and mistakes forgotten, and that your condition might be so amended as that neither your settlement, or the minds of our good subjects there, should be liable to be shaken and disquieted upon every complaint. We have heard with satisfaction of the great readiness wherewith our good subjects there have lately offered themselves to the taking of the oath of allegiance, which is a clear manifestation to us that the unanswerable defect in that particular was but the fault of a very few in power, who for so long a time obstructed what the Charter and our express commands obliged them unto, as will appear in our gracious letter of the 28th of June (1662), in the fourteenth year of our reign; and we shall henceforth expect that there will be a suitable obedience in other particulars of the said letter, as, namely, in respect of freedom and liberty of conscience, so as those that desire to serve G.o.d in the way of the Church of England be not thereby made obnoxious or discountenanced from their sharing in the government, much less that they or any other of our good subjects (not being Papists) who do not agree in the Congregational way, be by law subjected to fines or forfeitures, or other incapacities for the same, which is a severity to be the more wondered at, whereas liberty of conscience was made one princ.i.p.al motive for your first transportation into those parts; nor do we think it fit that any other distinction be observed in the making of freemen than that they be men of competent estates, rateable at ten shillings,[162] according to the rules of the place, and that such in their turns be also capable of the magistracy, and all laws made void that obstruct the same. And because we have not observed any fruits or advantage by the dispensation granted by us in our said letter of June, in the fourteenth year of our reign, whereby the number of a.s.sistants, settled by our Charter to be eighteen, might be reduced unto the number of ten, our will and pleasure is that the ancient number of eighteen be henceforth observed, according to the letter of the Charter. And our further will and pleasure is, that all persons coming to any privilege, trust, or office in that colony be first enjoined to take the oath of allegiance, and that all the military commissions as well as the proceedings of justice may run in our royal name. We are informed that you have lately made some good provision for observing the acts of trade and navigation, which is well pleasing unto us[163]; and as we doubt not and do expect that you will abolish all laws that are repugnant to and inconsistent with the laws of trade with us, we have appointed our trusty and well beloved subject, Edward Randolph, Esq., to be our collector, surveyor and searcher not only for the colony, but for all our other colonies in New England, const.i.tuting him, by the broad seal of this our kingdom, to the said employments, and therefore recommending him to your help and a.s.sistance in all things that may be requisite in the discharge of his trust. Given at our palace of Hampton Court, the 24th day of July, 1679, and in the one and thirtieth year of our reign.

"By his Majesty's Command,

"A. COVENTRY."]

[Footnote 162: _Note_ by the historian, Mr. Hutchinson.--They seem to have held out till the last in refusing to admit any to be freemen who were not either Church members, or who did not at least obtain a certificate from the minister of the town that they were orthodox.]

[Footnote 163: _Note_ by the historian, Mr. Hutchinson.--This is very extraordinary, for this provision was an act of the colony, declaring that the acts of trade should be in force there. (Ma.s.sachusetts History, Vol. I., p. 322.)]

[Footnote 164: History of Ma.s.sachusetts Bay, Vol. I., pp. 325, 326.]

[Footnote 165: "The people of Ma.s.sachusetts had always the good-will of Cromwell. In relation to them he allowed the Navigation Law, which pressed hard on the Southern colonies, to become a dead letter, and they received the commodities of all nations free of duty, and sent their ships at will to the ports of continental Europe." (Palfrey's History of New England, Vol. II., Book ii., Chap. x., p. 393.)]

[Footnote 166: "1660.--The Parliament pa.s.sed an Act for the general encouragement and increase of shipping and navigation, by which the provisions made in the celebrated Navigation Act of 1651 were continued, with additional improvements. It enacted that no sugar, tobacco, ginger, indigo, cotton, fustin, dyeing woods of the growth of English territories in America, Asia, or Africa, shall be transported to any other country than those belonging to the Crown of England, under the penalty of forfeiture; and all vessels sailing to the Plantations were to give bonds to bring said commodities to England." (Holmes' American Annals, Vol. I., pp. 314, 315.)

"The oppressive system," says Palfrey, "was further extended by an Act which confined the import trade of the colonists to a direct commerce with England, forbidding them to bring _from_ any other or _in_ any other than English ships, the products not only of England but of any European state." (History of New England, Vol. II., B. ii., Chap. xi., p. 445.)

Palfrey adds in a note: "Salt for New England fishermen, wines from Madeira and the Azores, and provisions from Scotland and Ireland, were, however, exempted."--_Ib._]

[Footnote 167: Hutchinson's Collection, etc., pp. 522-525. Palfrey's History of New England, Vol. III., B. iii., Chap. viii., p. 341.]

[Footnote 168: To this there were two or three exceptions. They repealed the penal laws "against keeping Christmas;" also for punishing with death Quakers returned from banishment; and to amend the laws relating to heresy and to rebellion against the country.]

[Footnote 169: Palfrey's History of New England, Vol. III., B. iii., Chap. viii., p. 352.

They usurped authority over New Hampshire and Maine, at the same time that they prevented the execution of the Acts of Trade and Navigation (the 12th and 15th of Charles the Second). Mr. Hutchinson says: "The Ma.s.sachusetts Government (1670) governed without opposition the Province of New Hampshire and the Province of Maine, and were beginning settlements even further eastward. The French were removed from their neighbourhood on the one side, and the Dutch and Swedes on the other.

Their trade was as extensive as they could wish. _No custom-house was established._ The Acts of Parliament of the 12th-15th of King Charles the Second, for regulating the Plantation trade, _were in force_; but the _Governor, whose business it was to carry them into execution, was annually to be elected by the people, whose interest was that they should not be observed_! Some of the magistrates and princ.i.p.al merchants grew very rich." (History of Ma.s.sachusetts Bay, Vol I., p. 269.)]

[Footnote 170: On the very day, October, 1677, that they proposed, in obedience to his Majesty's command, to pa.s.s an order that "the Governor and all inferior magistrates should see to the strict observation of the Acts of Navigation and Trade," they made an order "that the law requiring all persons, as well inhabitants as strangers, that have not taken it, to take the oath of fidelity to the country, be revived and put in practice throughout the jurisdiction" (Palfrey, Vol. III., pp.

311-315)--an order intended to counteract the execution of the Acts of Navigation and Trade by the King's Collector, and of which he complained to England.

"The agents of the colony endeavoured to explain this law to the Board (of Colonial Plantations in England), and to soften their indignation against it, but without effect." (_Ib._, p. 315.) "All persons who refused to take the oath of fidelity to the country were not to have the privilege of recovering their debts in Courts of law, nor to have the protection of the Government." (Truth and Innocency Defended, etc.)]