FOOTNOTES:

[73] Neal says: "Certainly never was country more obliged to a man than New England to Archbishop Laud, who by his cruel and arbitrary proceedings drove thousands of families out of the kingdom, and thereby stocked the Plantations with inhabitants, in the compass of a very few years, which otherwise could not have been done in an age." This was the sense of some of the greatest men in Parliament in their speeches in 1641. Mr. Tienns (afterwards Lord Hollis) said that "a certain number of ceremonies in the judgment of some men unlawful, and to be rejected of all the churches; in the judgment of all other Churches, and in the judgment of our own Church, but indifferent; yet what difference, yea, what distraction have those indifferent ceremonies raised among us? What has deprived us of so many thousands of Christians who desired, and in all other respects deserved, to hold communion with us? I say what has deprived us of them, and scattered them into I know not what places and corners of the world, but these indifferent ceremonies."—(Several other speeches to the same effect are quoted by Neal.)—History of New England, Vol. I., pp. 210-212.

[74] "Veneris, 10 March, 1642:

"Whereas the plantations in New England have, by the blessing of the Almighty, had good and prosperous success, without any public charge to the State, and are now likely to prove very happy for the propagation of the gospel in those parts, and very beneficial and commodious to this nation. The Commons assembled in Parliament do, for the better advancement of those plantations and the encouragement of the planters to proceed in their undertaking, ordain that all merchandising goods, that by any person or persons whatsoever, merchant or other, shall be exported out of the kingdom of England into New England to be spent or employed there, or being of the growth of that kingdom [colony], shall be from thence imported thither, or shall be laden or put on board any ship or vessel for necessaries in passing to and fro, and all and every the owner or owners thereof shall be freed and discharged of and from paying and yielding any custom, subsidy, taxation, or other duty for the same, either inward or outward, either in this kingdom or New England, or in any port, haven, creek or other place whatsoever, until the House of Commons shall take further order therein to the contrary."—Hutchinson's History of Massachusetts Bay, Vol. I., pp. 114, 115.

[75] Hutchinson's History of Massachusetts Bay, Vol. I., p. 114.

[76] The following is the Act itself, passed in 1644: "Whereas the civil wars and dissensions in our native country, through the seditious words and carriages of many evil affected persons, cause divisions in many places of government in America, some professing themselves for the King, and others for the Parliament, not considering that the Parliament themselves profess that they stand for the King and Parliament against the malignant Papists and delinquents in that kingdom. It is therefore ordered, that what person whatsoever shall by word, writing, or action endeavour to disturb our peace, directly or indirectly, by drawing a party under pretence that he is for the King of England, and such as join with him against the Parliament, shall be accounted as an offender of a high nature against this Commonwealth, and to be proceeded with, either capitally or otherwise, according to the quality and degree of his offence." (Hutchinson's History of Massachusetts Bay, Vol. I., pp. 135, 136.)

[77] It was not until three years after this, and three years after the facts of the banished Roger Williams' labours in Rhode Island (see note V. below), that the first mission among the Indians was established by the Puritans of Massachusetts Bay—seventeen years after their settlement there; for Mr. Holmes says: "The General Court of Massachusetts passed the first Act (1646) to encouraging the carrying of the Gospel to the Indians, and recommended it to the ministers to consult on the best means of effecting the design. By their advice, it is probable, the first Indian Mission was undertaken; for on the 28th of October [1646] Mr. John Eliot, minister of Roxbury, commenced those pious and indefatigable labours among the natives, which procured for him the title of The Indian Apostle. His first visit was to the Indians at Nonantum, whom he had apprised of his intention." (Annals of America, Vol. I., p. 280.)

[78] Hazard, Vol. I., pp. 533, 534. The provisions of this remarkable Act are as follows:

"Governours and Government of Islands in America.—November 2nd, 1643:

"I. That Robert Earl of Warwick be Governour and Lord High Admirall of all the Islands and other Plantations inhabited, planted, or belonging unto any of his Majestie's the King of England's subjects, or which hereafter may be inhabited, planted, or belonging to them, within the bounds and upon the coasts of America.

"II. That the Lords and others particularly named in the Ordinance shall be Commissioners to joyne in aid and assistance of the said Earl, Chief Governour and Admirall of the said Plantations, and shall have power from Time to Time to provide for, order, and dispose of all things which they shall think most fit and advantageous for the well governing, securing, strengthening and preserving of the sayd Plantations, and chiefly for the advancement of the true Protestant Religion amongst the said Planters and Inhabitants, and the further enlarging and spreading of the Gospel of Christ amongst those that yet remain there in great Blindness and Ignorance.

"III. That the said Governour and Commissioners, upon all weighty and important occasions which may concern the good and safety of the Planters, Owners of Lands, or Inhabitants of the said Islands, shall have power to send for, view, and make use of all Records, Books, and Papers which may concern the said Plantations.

"IV. That the said Earl, Governour in Chief, and the said Commissioners, shall have power to nominate, appoint, and constitute, as such subordinate Commissioners, Councillors, Commanders, Officers, and Agents, as they shall think most fit and serviceable for the said Islands and Plantations: and upon death or other avoidance of the aforesaid Chief Governour and Admirall, or other the Commissioners before named, to appoint such other Chief Governour or Commissioners in the roome and place of such as shall be void, as also to remove all such subordinate Governours and Officers as they shall judge fit.

"V. That no subordinate Governours, Councillors, Commanders, Officers, Agents, Planters, or Inhabitants, which now are resident in or upon the said Islands or Plantations, shall admit or receive any new Governours, Councillors, Commanders, Officers, or Agents whatsoever, but such as shall be allowed and approved of under the hands and seals of the aforesaid Chief Governour and High Admirall, together with the hands and seals of the said Commissioners, or six of them, or under the hands of such as they shall authorize thereunto.

"VI. That the Chief Governour and Commissioners before mentioned, or the greater number of them, are authorized to assign, ratifie, and confirm so much of their aforementioned authority and power, and in such manner, to such persons as they shall judge fit, for the better governing and preserving the said Plantations and Islands from open violence and private distractions.

"VII. That whosoever shall, in obedience to this Ordinance, do or execute any thing, shall by virtue hereof be saved harmless and indemnified."

[79] In 1646 the Parliament passed another ordinance, exempting the colonies for three years from all tollages, "except the excise," provided their productions should not be "exported but only in English vessels." While this Act also asserted the parliamentary right of taxation over the Colonial plantations, it formed a part of what was extended and executed by the famous Act of Navigation, first passed by the Puritan Parliament five years afterwards, in 1651, as will be seen hereafter.

[80] Mr. Bancroft must have been aware of the existence of this ordinance, for he makes two allusions to the Commission appointed by it. In connection with one allusion to it, he states the following interesting facts, illustrative of Massachusetts exclusiveness on the one record, and on the other the instruments and progress of religious liberty in New England. "The people of Rhode Island," says Mr. Bancroft, "excluded from the colonial union, would never have maintained their existence as a separate state, had they not sought the interference and protection of the Mother Country; and the founder of the colony (Roger Williams) was chosen to conduct the important mission. Embarking at Manhattan [for he was not allowed to go to Boston], he arrived in England not long after the death of Hampden. The Parliament had placed the affairs of the American Colonies under the Earl of Warwick, as Governor-in-Chief, assisted by a Council of five peers and twelve commoners. Among these commoners was Henry Vane, a man who was ever true in his affections as he was undeviating in his principles, and who now welcomed the American envoy as an ancient friend. The favour of Parliament was won by his [Roger Williams'] incomparable 'printed Indian labours, the like whereof was not extant from any part of America;' and his merits as a missionary induced both houses of Parliament to grant unto him and friends with him a free and absolute charter[84] of civil government for those parts of his abode.' Thus were the places of refuge for 'soul-liberty' on the Narragansett Bay incorporated 'with full power and authority to rule themselves.' To the Long Parliament, and especially to Sir Harry Vane, Rhode Island owes its existence as a political State."—History of the United States, Vol. I., pp. 460, 461.

The other allusion of Mr. Bancroft to the Parliamentary Act and Commission of 1643 is in the following words: "The Commissioners appointed by Parliament, with unlimited authority over the Plantations, found no favour in Virginia. They promised indeed freedom from English taxation, but this immunity was already enjoyed. They gave the colony liberty to choose its own Governor, but it had no dislike to Berkeley; and though there was a party for the Parliament, yet the King's authority was maintained. The sovereignty of Charles had ever been mildly exercised."—Ib., p. 222.

[84] Hazard, Vol. 1., p. 538; Massachusetts Records. The working of this Act, and the punishments inflicted under it for more than twenty years, will be seen hereafter.

[81] This is not quite accurate. The word 'absolute' does not occur in the patent. The words of the Charter are: "A free Charter of civil incorporation and government; that they may order and govern their Plantations in such a manner as to maintain justice and peace, both among themselves, and towards all men with whom they shall have to do"—"Provided nevertheless that the said laws, constitutions, and punishments, for the civil government of said plantations, be conformable to the laws of England, so far as the nature and constitution of the place will admit. And always reserving to the said Earl and Commissioners, and their successors, power and authority for to dispose the general government of that, as it stands in relation to the rest of the Plantations in America, as they shall conceive from time to time most conducing to the general good of the said Plantations, the honour of his Majesty, and the service of the State."—(Hazard, Vol. I., pp. 529-531, where the Charter is printed at length.)

[82] But Mr. Holmes makes explicit mention of the parliamentary ordinance of 1643 in the following terms:—"The English Parliament passed an ordinance appointing the Earl of Warwick Governor-in-Chief and Lord High Admiral of the American Colonies, with a Council of five Peers and twelve Commoners. It empowered him, in conjunction with his associates, to examine the state of affairs; to send for papers and persons, to remove Governors and officers, and appoints other in their places; and to assign over to these such part of the powers that were now granted, as he should think proper." (Annals of America, Vol. I., p. 273.)

[83] History of Massachusetts Bay, Vol. I., p. 117; Massachusetts Laws, pp. 140-145.

[85] "Mr. Winthrop, who was then Deputy-Governor, was active in the prosecution of the petitioners, but the party in favour of them had so much interest as to obtain a vote to require him to answer in public to the complaint against him. Dr. Mather says: 'He was most irregularly called forth to an ignominious hearing before a vast assembly, to which, "with a sagacious humility," he consented, although he showed he might have refused it. The result of the hearing was that he was honourably acquitted,' etc."

[86] This refers to a sermon preached by Mr. Cotton on a fast day, an extract of which is published in the Magnalia, B. III., p. 29, wherein he denounces the judgments of God upon such of his hearers as were then going to England with evil intentions against the country.

[87] Hutchinson's History of Massachusetts Bay, Vol. I., pp. 145-149.

Mr. Palfrey, under the head of "Presbyterian Cabal," states the following facts as to the treatment of Dr. Child, Mr. Dand, and others who proposed to make their appeal to the English Parliament:

"Child and Dand, two of the remonstrants, were preparing to go to England with a petition to the Parliament from a number of the non-freemen. Informed of their intention, the magistrates ordered a seizure of their papers. The searching officers found in their possession certain memorials to the Commissioners for Plantations, asking for 'settled Churches according to the (Presbyterian) Reformation in England;' for the establishment in the colony of the laws of the realm; for the appointment of 'a General Governor, or some honourable Commissioner,' to reform the existing state of things. For this further offence, such of the prominent conspirators as remained in the country were punished by additional fines. Child and Dand were mulcted in the sum of two hundred pounds; Mauerick, in that of a hundred and fifty pounds; and two others of a hundred pounds each."—Palfrey's History of New England [Abridged edition], Vol. I., pp. 327, 328.

[88] Mr. Bancroft, referring to the petition of Dr. Child and others, quoted on page 94, says: "The document was written in the spirit of wanton insult;" then refers to the case of Gorton, who had appealed to the Earl of Warwick and the other Parliamentary Commissioners against a judicial decision of the Massachusetts Bay Court in regard to land claimed by him. From Mr. Bancroft's statement, it appears that the claim of Gorton, friendless as he was, was so just as to commend itself to the favourable judgment of an impartial and competent tribunal of the Parliamentary Commissioners, whose authority his oppressors expressly denied, and then, in their address to Parliament in reference to its order, denied any authority of Parliament over their proceedings. Mr. Bancroft's words are as follows:

"Gorton had carried his complaints to the Mother Country; and, though unaided by personal influence or by powerful friends, had succeeded in all his wishes. At this very juncture an order respecting his claims arrived in Boston; and was couched in terms which involved an assertion of the right of Parliament to reverse the decisions and control the Government of Massachusetts. The danger was imminent; it struck at the very life and foundation of the rising Commonwealth. Had the Long Parliament succeeded in revoking the patent of Massachusetts, the Stuarts, on their restoration, would have found not one chartered government in the colonies; and the tenor of American history would have been changed. The people[89] rallied with great unanimity in support of their magistrates.

"At length the General Court assembled for the discussion of the usurpations of Parliament and the dangers from domestic treachery. The elders [ministers] did not fail to attend in the gloomy season. One faithless deputy was desired to withdraw; and then, with closed doors, that the consultation might remain in the breast of the Court, the nature of the relation with England was made the subject of debate. After much deliberation it was agreed that Massachusetts owed the same allegiance to England as the free Hanse Towns had rendered to the Empire; as Normandy, when its dukes were kings in England, had paid to the monarchs of France. It was also resolved not to accept a new Charter from Parliament, for that would imply a surrender of the old. Besides, Parliament granted none but by way of ordinance, and always made for itself an express preservation of a supreme power in all things. The elders (ministers), after a day's consultation, confirmed the decisions.

"The colony proceeded to exercise the independence which it claimed. The General Court replied to the petition in a State paper, written with great moderation; and the disturbers of the public security were summoned into its presence. Robert Child and his companions appealed to the Commissioners in England. The appeal was not admitted." "To the Parliament of England the Legislature remonstrated with the noblest frankness against any assertion of permanent authority of that body."—Hist. U.S., Vol. I., pp. 475-477.

[89] By the "people" here Mr. Bancroft must mean the members of the Congregational Churches (one-sixth of the whole population), for they alone were freemen, and had all the united powers of the franchise—the sword, the legislation—in a word, the whole civil, judicial, ecclesiastical, and military government.

[90] But Mr. Bancroft seems to forget that in less than forty years after this the Charter was revoked, and that very system of government was established which the General Court of Massachusetts Bay now deprecated, but under which Massachusetts itself was most prosperous and peaceful for more than half a century, until the old spirit was revived, which rendered friendly government with England impossible.

[91] Mr. Hutchinson says: "The Earl of Warwick had a patent for Massachusetts Bay about 1623, but the bounds are not known." (History of Massachusetts Bay, Vol. I., p. 7.)

[92] Mr. Palfrey says: "While in England the literary war against Presbytery was in great part conducted by American combatants, their attention was presently required at home. William Vassal, a man of fortune, was one of the original assistants named in the Charter of the Massachusetts Company. He came to Massachusetts with Winthrop's fleet in the great emigration; but for some cause—possibly from dissatisfaction with the tendencies to Separatism which he witnessed—he almost immediately returned. He crossed the sea again five years after, but then it was to the colony of Plymouth. Establishing his home at Seituate, he there conducted himself so as to come under the reproach of being 'a man of a busy, factious spirit, and always opposite to the civil government of the country and the way of the Churches.'" (Winthrop, II., p. 261.) His disaffection occasioned the more uneasiness, because his brother Samuel, also formerly an assistant of the Massachusetts Company, was now one of the Parliament's Commissioners for the government of Foreign Plantations.

In the year when the early struggle between the Presbyterians and Independents in England had disclosed the importance of the issues depending upon it, and the obstinate determination with which it was to be carried on, Vassal "practised with" a few persons in Massachusetts "to take some course, first by petitioning the Courts of Massachusetts and of Plymouth, and if that succeeded not, then to the Parliament of England, that the distinctions which were maintained here, both in civil and church state, might be done away, and that we might be wholly governed by the laws of England." In [93] a "Remonstrance and Humble Petition," addressed by them to the General Court [of Massachusetts], they represented—1. That they could not discern in that colony "a settled form of government according to the laws of England;" 2. That "many thousands in the plantation of the English nation were debarred from civil employments," and not permitted "so much as to have any vote in choosing magistrates, captains, or other civil and military officers;" and, 3. "That numerous members of the Church of England,... not dissenting from the latest reformation in England, Scotland, etc., were detained from the seals of the covenant of free grace, as it was supposed they will not take these Churches' covenants." They prayed for relief from each of these grievances; and they gave notice that, if it were denied, they should "be necessitated to apply their humble desires to the honourable Houses of Parliament, who, they hoped, would take their sad condition into their serious consideration."

After describing the social position of the representative petitioners, Mr. Palfrey proceeds: "But however little importance the movement derived from the character or position of the agitators, it was essentially of a nature to create alarm. It proposed nothing less than an abandonment of institutions, civil and ecclesiastical, which the settlers and owners of Massachusetts had set up, for reasons impressing their own minds as of the greatest significance and cogency. The demand was enforced by considerations which were not without plausibility, and were presented in a seductive form. It was itself an appeal to the discontent of the numerical majority, not invested with a share in the government. And it frankly threatened an appeal to the English Parliament—an authority always to be dreaded, for encroachment on colonial rights, and especially to be dreaded at a moment when the more numerous party among its members were bent on setting up a Presbytery as the established religion of England and its dependencies, determined on a severe suppression of dissent from it, and keenly exasperated against that Independency which New England had raised up to torment them in their own sphere, and which, for herself, New England cherished as her life."

"It being understood that two of the remonstrants, Fowle and Smith, were about to embark for England, to prosecute their business, the Court stopped them with a summons to appear and 'answer to the matter of the petition.' They replied 'to the Gentlemen Commissioners for Plantations;' and the Court committed them to the custody of the Marshal till they gave security to be responsible to the judgment of the Court. The whole seven were next arraigned as authors of divers false and scandalous statements in a certain paper ... against the Churches of Christ and the civil government here established, derogating from the honour and authority of the same, and tending to sedition. Refusing to answer, and 'appealing from this government, they disclaimed the jurisdiction thereof.' This was more than Presbyterian malcontents could be indulged in at the present critical time in Massachusetts. The Court found them all deeply blamable, and punished them by fines, which were to be remitted on their making 'an ingenuous and public acknowledgment of their misdemeanours;' a condition of indemnity which they all refused, probably in expectation of obtaining both relief and applause in England."—"Four deputies opposed the sentence; three magistrates—Bellingham, Saltonstall, and Bradstreet—also dissented."—Palfrey's History of New England, Vol. I., pp. 166-170.

[93] Winthrop, II., 261. "The movement in Plymouth was made at a General Court in October, 1645, as appears from a letter of Winslow to Winthrop (Hutchinson's Collection, 154); though the public record contains nothing respecting it. I infer from Winslow's letter, that half the assistants (namely, Standish, Hatherly, Brown, and Freeman) were in favour of larger indulgence to the malcontents." (Note by Mr. Palfrey.)

(The majority of the General Court were clearly in favour of the movement; and knowing this, the Governor, Prince (the only persecuting Governor of the Plymouth Colony), refused to put the question to vote.)

[94] Hutchinson's History of Massachusetts Bay, Vol. I., Chap. v., p. 75.

[95] History of New England, Vol. II. p. 169. In another case mentioned by Mr. Palfrey, it is clear the public feeling was not with the local Government, which pretended to absolute independence of Parliament, and called the entrance of a parliamentary war vessel into its harbour, and action there, a "foreign encroachment." A Captain Stagg arrived at Boston from London, in a vessel carrying twenty-four guns, and found there a merchant vessel from Bristol (which city was then held for the King), which he seized. Governor Winthrop wrote to Captain Stagg "to know by what authority he had done it in our harbour." Stagg produced his commission from the Earl of Warwick to capture vessels from ports in the occupation of the King's party, as well in harbours and creeks as on the high seas. Winthrop ordered him to carry the paper to Salem, the place of the Governor's residence, there to be considered at a meeting of the magistrates. Of course the public feeling was with the Parliament and its officers; but it was not so heedless as to forget its jealousy of foreign encroachment from whatever quarter. "Some of the elders, the last Lord's Day, had in their sermons reproved this proceeding, and exhorted magistrates to maintain the people's liberties, which were, they said, violated by this act, and that a commission could not supersede a patent. And at this meeting some of the magistrates and some of the elders were of the same opinion, and that the captain should be forced to restore the ship." The decision, however, was different; and the reasons for declining to defy the Parliament, and allowing its officer to retain possession of his prize, are recorded. The following are passages of this significant manifesto: "This could be no precedent to bar us from opposing any commission or other foreign power that might indeed tend to our hurt or violate our liberty; for the Parliament had taught us that salus populi is suprema lex."[96] "If Parliament should hereafter be of a malignant spirit, then, if we have strength sufficient, we may make use of salus populi to withstand any authority from thence to our hurt." "If we who have so openly declared our affection to the cause of Parliament by our prayers, fastings, etc., should now oppose their authority, or do anything that would make such an appearance, it would be laid hold on by those in Virginia and the West Indies to confirm them in their rebellious course, and it would grieve all our godly friends in England, or any other of the Parliament's friends."—Palfrey's History of New England, Vol. II., pp. 161-163.

Note.—It is plain from these words, as well as from other words quoted elsewhere, how entirely and avowedly the Massachusetts Court identified themselves with the Parliament and Cromwell against the King, though they denied having done so in their addresses to Charles the Second.

[96] This maxim, that the safety of the people is the supreme law, might, by a similar perversion, be claimed by any mob or party constituting the majority of a city, town, or neighbourhood, as well as by the Colony of Massachusetts, against the Parliament or supreme authority of the nation. They had no doubt of their own infallibility; they had no fear that they "should hereafter be of a malignant spirit;" but they thought it very possible that the Parliament might be so, and then it would be for them to fight if they should have "strength sufficient." But after the restoration they thought it not well to face the armies and fleets of Charles the Second, and made as humble, as loyal, and as laudatory professions to him—calling him "the best of kings"—as they had made to Cromwell.

[97] They say: "Receiving information by Mr. Winslow, our agent, that it is the Parliament's pleasure that we should take a new patent from them, and keep our Courts and issue our warrants in their names, which we have not used in the late King's time or since, not being able to discern the need of such an injunction,—these things make us doubt and fear what is intended towards us. Let it therefore please you, most honourable, we humbly entreat, to take notice hereby what were our orders, upon what conditions and with what authority we came hither, and what we have done since our coming. We were the first movers and undertakers of so great an attempt, being men able enough to live in England with our neighbours, and being helpful to others, and not needing the help of any for outward things. About three or four and twenty years since, seeing just cause to fear the persecution of the then Bishops and High Commissioners for not conforming to the ceremonies then pressed upon the consciences of those under their power, we thought it our safest course to get to this outside of the world, out of their view and beyond their reach. Yet before we resolved upon so great an undertaking, wherein should be hazarded not only all our estates, but also the lives of ourselves and our posterity, both in the voyage at sea (wherewith we were unacquainted), and in coming into a wilderness uninhabited (unless in some few places by heathen, barbarous Indians), we thought it necessary to procure a patent from the late King, who then ruled all, to warrant our removal and prevent future inconveniences, and so did. By which patent liberty and power was granted to us to live under the government of a Governor, magistrates of our own choosing, and under laws of our own making (not being repugnant to the laws of England), according to which patent we have governed ourselves above this twenty years, we coming hither at our proper charges, without the help of the State, an acknowledgment of the freedom of our goods from custom," etc. "And for our carriage and demeanour to the honourable Parliament, for these ten years, since the first beginning of your differences with the late King, and the war that after ensued, we have constantly adhered to you, not withdrawing ourselves in your weakest condition and doubtfullest times, but by our fasting and prayers for your good success, and our thanksgiving after the same was attained, in days of solemnity set apart for that purpose, as also by our sending over useful men (others also going voluntarily from us to help you), who have been of good use and done acceptable services to the army, declaring to the world hereby that such was the duty and love we bear unto the Parliament, that we were ready to rise and fall with them; for which we have suffered the hatred and threats of other English colonies now in rebellion against you, as also the loss of divers of our ships and goods, taken by the King's party that is dead, by others commissioned by the King of Scots [Charles II.], and by the Portugalls." "We hope that this most honourable Parliament will not cast such as have adhered to you and depended upon you, as we have done, into so deep despair, from the fear of which we humbly desire to be speedily freed by a just and gracious answer; which will freshly bind us to pray and use all lawful endeavours for the blessing of God upon you and the present Government." Appendix viii. to the first volume of Hutchinson's History of Massachusetts Bay, pp. 516-518.

The "General Court" also sent a letter to Oliver Cromwell, enclosing a copy of the petition to Parliament, to counteract representations which might be made against them by their enemies, and intreat his interest in their behalf. This letter concludes as follows:

"We humbly petition your Excellence to be pleased to shew us what favour God shall be pleased to direct you unto on our behalf, to the most honourable Parliament, unto whom we have now presented a petition. The copy of it, verbatim, we are bold to send herewith, that, if God so please, we be not hindered in our comfortable proceedings in the work of God here in this wilderness. Wherein, as for other favours, we shall be bound to pray, that the Captain of the Host of Israel may be with you and your whole army, in all your great enterprises, to the glory of God, the subduing of his and your enemies, and your everlasting peace and comfort in Jesus Christ." (Ib., Appendix ix., p. 522.)

In August (24th), 1654, the General Court addressed another letter to Oliver Cromwell, commencing as follows:

"It hath been no small comfort to us poor exiles, in these utmost ends of the earth (who sometimes felt and often feared the frowns of the mighty), to have had the experience of the good hand of God, in raising up such, whose endeavours have not been wanting to our welfare: amongst whom we have good cause to give your Highness the first place: who by a continued series of favours, have oblidged us, not only while you moved in a lower orb, but since the Lord hath called your Highness to supreme authority, whereat we rejoice and shall pray for the continuance of your happy government, that under your shadow not only ourselves, but all the Churches, may find rest and peace." (Ib., Appendix x., p. 523.)

[98] "1651.—The Parliament of England passed the famous Act of Navigation. It had been observed with concern, that the English merchants for several years past had usually freighted the Hollanders' shipping for bringing home their own merchandise, because their freight was at a lower rate than that of the English ships. For the same reason the Dutch ships were made use of even for importing American products from the English colonies into England. The English ships meanwhile lay rotting in the harbours, and the English mariners, for want of employment, went into the service of the Hollanders. The Commonwealth now turned its attention towards the most effectual mode of retaining the colonies in dependence on the parent State, and of securing to it the benefits of their increasing commerce. With these views the Parliament enacted, 'That no merchandise, either of Asia, Africa, or America, including the English Plantations there, should be imported into England in any but English-built ships, and belonging either to English or English Plantation subjects, navigated also by an English commander, and three-fourths of the sailors to be Englishmen; excepting such merchandise as should be imported directly from the original place of their growth, manufactured in Europe solely: and that no fish should thenceforward be imported into England or Ireland, nor exported thence to foreign parts, nor even from one of their own ports, but what should be caught by their own fishers only." (Holmes' Annals of America, Anderson, ii., 415, 416; Robertson, B. 9, p. 303; Janes' edit. Vol. I., p. 294.) Mr. Holmes adds in a note: "This Act was evaded at first by New England, which still traded to all parts, and enjoyed a privilege peculiar to themselves of importing their goods into England free of customs." (History Massachusetts Bay, Vol. I., p. 40.)

[99] Palfrey's History of New England, Vol. II., p. 393.

[100] Palfrey's History of New England, Vol. II., p. 397, in a note.

[101] Hutchinson's History of Massachusetts Bay, Vol. I., p. 152; Holmes' Annuls, Vol. I., p. 294. Note xxxi., p. 579.

This law was passed in 1651, while Endicot was Governor. Two years before, shortly after Governor Winthrop's death, Governor Endicot, with several other magistrates, issued a declaration against men wearing long hair, prefaced with the words, "Forasmuch as the wearing of long hair, after the manner of the ruffians and barbarous Indians, has begun to invade New England," and declaring "their dislike and detestation against wearing of such long hair as a thing uncivil and unmanly, whereby men do deform themselves, and offend sober and modest men, and do corrupt good manners," etc.—Ib.

[102] Such was the opinion of the late Mr. John Forster, in his beautiful Life of Sir Henry Vane, in his Lives of the Puritan Statesmen of the Commonwealth.

[103] Hutchinson's Collection of Original Papers, etc.; Publication of the Prince Society.

Note by Mr. Hutchinson: "Mr. Winthrop had obliged Mr. Vane to leave Massachusetts and return to England. The letter was written when Mr. Vane's interest in Parliament was very great. It shows a good spirit, and the reproof is decent as well as seasonable."

[104] History of New England, Vol. I., p. 364.

[105] Mr. Neal gives the following account of certain Baptists—Clarke, Holmes and Crandall—who "were all apprehended upon the 20th July this year, (1651), at the house of one William Witters, of Lin. As they were worshipping God in their own way on a Lord's-day morning, the constable took them into custody. Next morning they were brought before the magistrate of the town, who sent them in custody to Boston, where they remained in prison a fortnight, when they were brought to trial, convicted and fined: John Clarke, twenty pounds or to be well whipped; John Crandall, five pounds or to be whipped; Obadiah Holmes, thirty pounds for several offences." Mr. Neal adds: "The prisoners agreed not to pay their fines but to abide the corporal punishment the Court had sentenced them to; but some of Mr. Clarke's friends paid the fine without his consent; and Crandall was released upon the promise to appear at the next Court; but Holmes received thirty lashes at the whipping-post. Several of his friends were spectators of his punishment; among the rest John Spear and John Hazell, who, as they were attending the prisoner back to prison, took him by the hand in the market-place, and, in the face of all the people, praised God for his courage and constancy; for which they were summoned before the General Court the next day, and were fined each of them forty shillings, or to be whipped. The prisoners refused to pay the money, but some of their friends paid it for them."

Mr. Neal adds the following just and impressive remarks: "Thus the Government of New England, for the sake of uniformity in divine worship, broke in upon the natural rights of mankind, punishing men, not for disturbing the State, but for their different sentiments in religion, as appears by the following Law:" [Then Mr. Neal quotes the law passed against the Baptists seven years before, in 1644, and given on page 92.] (Neal's History of New England, Vol. I., pp. 299, 300, 302, 303.)

[106] Hutchinson's Collection of State Papers, etc., pp. 401, 402.

Mr. Cotton wrote a long letter in reply to Sir R. Saltonstall, denying that he or Mr. Wilson had instigated the complaints against the Baptists, yet representing them as profane because they did not attend the established worship, though they worshipped God in their own way. Cotton, assuming that the Baptist worship was no worship, and that the only lawful worship was the Congregational, proceeds to defend compulsory attendance at the established worship upon the ground of preventing Sabbath profaneness (which was a perversion of Sir R. Saltonstall's letter), the same as compulsory attendance at the established worship was justified in the time of Elizabeth and James the First, and against which the whole army of Puritan writers had contended. Some of Cotton's words were as follows: "But (you say) it doth make men hypocrites to compel men to conforme the outward men for fear of punishment. If it did so, yet better be hypocrites than profane persons. Hypocrites give God part of his due, the outward man; but the profane person giveth God neither the outward or inward man."—"If the magistrate connive at his absenting himself from the Sabbath duties, the sin will be greater in the magistrate than can be the other's coming."

Mr. Hutchinson, referring to Sir R. Saltonstall's letter, says:—"It discovers a good deal of that catholic spirit which too many of our first settlers were destitute of, and confirms what I have said of Mr. Dudley's zeal in the first volume of the Massachusetts History."

[107] History of the United States, Vol. I., p. 484.

"I believe," says Mr. Bancroft, "that the elder Winthrop had relented before his death, and, it is said, became weary of banishing heretics. The soul of the younger Winthrop was incapable of harbouring a thought of intolerant cruelty; but the rugged Dudley was not mellowed by old age." Cotton affirmed: "Better tolerate hypocrites and tares than thorns and briers." "Religion," said Norton, from the pulpit, "admits of no eccentric motions." (Ib., pp. 486, 487.)

[108] Burke, Vol. II., Second London Edition, 1758, pp. 148-152.

[109] "In October, 1650, the Commons passed a memorable ordinance, prohibiting trade with Barbadoes, Virginia, Antigua, and the Bermudas, because they had adhered to the fortunes of their late Sovereign. It declared such persons 'notorious robbers and traitors;' it forbade every one to confederate with them; it prohibited all foreign vessels from sailing thither, and it empowered the Council of State to compel all opponents to obey the authority of Parliament. Berkley's defence of Virginia against the fortunate invaders gained him the approbation of his prince and the applause of his countrymen. When he could no longer fight, he delivered up the government, upon such favourable terms as the English Commissioners were willing to grant. He retired to a private station, to wait with patience for favourable events. Virginia changed the various rulers which the revolutions of the age imposed on England, with the reluctance that acknowledged usurpation generally incites. But with the distractions that succeeded the death of Cromwell, she seized the opportunity to free herself from the dominion of her hated masters by recalling Berkley from his obscurity, and proclaiming the exiled king; and she by this means acquired the unrivalled honour of being the last dominion of the State which submitted to that unjust exercise of government, and the first which overturned it."—Chalmers' History of the Revolt of the American Colonies, Vol. I., pp. 74, 75 (Boston Collection).

[110] It was proved on Hugh Peters' trial, twenty years afterwards, that he had said his work, out of New England, was, "to promote the interest of the Reformation, by stirring up the war and driving it on." He was Cromwell's favourite chaplain, and preached before the Court that tried King Charles I., urging the condemnation and execution of the King.

[111] Hutchinson's History of Massachusetts Bay, Vol. I., Appendix viii., pp. 517, 518.

"The 'other English Colonies' with which Massachusetts, by her attachment to the new Government, had been brought into unfriendly relations, were 'Barbadoes, Virginia, Bermudas, and Antigua.' Their persistent loyalty had been punished by an ordinance of Parliament forbidding Englishmen to trade with them—a measure which the General Court of Massachusetts seconded by a similar prohibition addressed to masters of vessels belonging to that jurisdiction. The rule was to remain in force 'until the compliance of the aforesaid places with the Commonwealth of England, or the further order of this Court;' and the penalty of disobedience was to be a confiscation of ship and cargo. In respect to Virginia, it may be presumed that this step was not the less willingly taken, on account of a grudge of some years' standing. At an early period of the civil war, that colony had banished nonconformist ministers who had gone thither from Massachusetts [1643]; and the offence had been repeated five years afterwards."—Palfrey's History of New England, Vol. II., pp. 402, 403.

But Mr. Palfrey omits to remark that the Act of the Virginia Legislature, in forbidding the Congregational Ministers of Massachusetts Bay from propagating their system in Virginia, was but a retaliation upon the Government of Massachusetts Bay, which had not only forbidden Episcopal worship, but denied citizenship to Episcopalians. The Virginia Legislature, while it established the Episcopal Church, had never, like the Legislature of Massachusetts Bay, disqualified all except the members of one Church from either holding office or exercising the elective franchise. The Massachusetts Bay Government, like that of the Papacy, would tolerate only their own form of worship; would allow no Episcopalian, Presbyterian, or Baptist worship within their jurisdiction; yet complain of and resent it as unjust and persecuting when they are not permitted to propagate their system in other colonies or countries.

[112] Hutchinson's History of Massachusetts Bay, Vol. I., Appendix ix., p. 522.

To these extraordinary addresses may be added a letter from the Rev. John Cotton, a chief Congregational minister in Boston, to "Lord General Cromwell," dated Boston, N.E., May 5th, 1651.

There are three things in this letter to be specially noticed.

The first is, the terms in which Cromwell is addressed and complimented.

The second is, the indication here given of the manner in which the Scotch prisoners taken at the battle of Dunbar (while fighting in their own country and for their King) were disposed of by Cromwell, and with what complacency Mr. Cotton speaks of the slavery into which they were sold not being "perpetual servitude," but limited to "6 or 7, or 8 years."

The third thing noteworthy in this letter, in which Mr. Cotton compliments Cromwell for having cashiered from the army every one but his own partizans, thus placing the army beneath his feet, to support his absolutism in the State, having extinguished the Parliament itself, and with it every form of liberty dear to the hearts of all true Englishmen.

The chief passages of Mr. Cotton's letter are as follows:

"Right Honourable,—For so I must acknowledge you, not only for the eminency of place and command to which the God of power and honour hath called you; but also for that the Lord hath set you forth as a vessell of honour to his name, in working many and great deliverances for his people, and for his truth, by you; and yet helping you to reserve all the honour to him, who is the God of salvation and the Lord of hosts, mighty in battell."

"The Scots, whom God delivered into your hand at Dunbarre, and whereof sundry were sent hither, we have been desirous (as we could) to make their yoke easy. Such as were sick of the scurvy or other diseases have not wanted physick or chyrurgery. They have not been sold for slaves to perpetual servitude, but for 6 or 7, or 8 years, as we do our owne: and he that bought the most of them (I heare) buildeth houses for them, for every 4 an house, layeth some acres of ground thereto, which he giveth them as their owne, requiring three dayes in the weeke to worke for him (by turnes), and 4 dayes for themselves, and promiseth, as soon as they can repay him the money he layed out for them, he will set them at liberty."

"As for the aspersion of factious men, I hear, by Mr. Desborough's letter [Cromwell's brother-in-law], last night, that you have well vindicated yourselfe therefrom by cashiering sundry corrupt spirits out of the army. And truly, Sir, better a few and faithfull, than many and unsound. The army on Christ's side (which he maketh victorious) are called chosen and faithfull, Rev. 17. 14—a verse worthy your Lordship's frequent and deepe meditation. Go on, therefore (good Sir), to overcome yourselfe (Prov. 16. 32), to overcome your army (Deut. 29. 9, with v. 14), and to vindicate your orthodox integrity to the world." (Hutchinson's Collection of Original Papers relative to the History of Massachusetts Bay, pp. 233-235.)

[113] In view of the documents which I have quoted, it seems extraordinary to see Mr. Hutchinson, usually so accurate, so far influenced by his personal prejudices as to say that the government of the Massachusetts Bay Colony "prudently acknowledged subjection to Parliament, and afterwards to Cromwell, so far as was necessary to keep upon terms, and avoid exception, and no farther. The addresses to the Parliament and Cromwell show this to have been the case."—History of Massachusetts Bay, Vol. I., p. 209.

The addresses to Parliament and to Cromwell prove the very reverse—prove that the rulers of the Massachusetts Bay Colony avowedly identified themselves with the Parliament and afterwards with Cromwell, when he overthrew the Parliament, and even when he manipulated the army to his purpose of absolutism.


CHAPTER V.

Government of Massachusetts Bay and other Colonies, during Twenty Years, under Charles the Second.

The restoration of Charles the Second to the throne of his ancestors was received in the several American colonies with very different feelings; the loyal colonies, from the Bermudas to Plymouth, hailed and proclaimed the restored King without hesitation; Virginia proclaimed him before he was proclaimed in England;[114] the rulers of the Massachusetts Bay Colony alone stood in suspense; hesitated, refused to proclaim him for a year, until ordered to do so. When it was ascertained that the restoration of the King, Lords, and Commons had been enthusiastically ratified by the people of England, and was firmly established, the General Court of Massachusetts Bay adopted a most loyal address to the King, and another to the two Houses of Parliament, notwithstanding the same Court had shortly before lauded the power which had abolished King, Lords, and Commons. The Court also thought it needful to give practical proof of the sincerity of their new-born loyalty to the monarchical government by condemning a book published ten years before, and which had been until now in high repute among them, written by the Rev. John Eliot, the famous apostle to the Indians. This book was entitled "The Christian Commonwealth," and argued that a purely republican government was the only Christian government, and that all the monarchical governments of Europe, especially that of England, was anti-Christian. It appears that this book had been adduced by the complainants in England against the Massachusetts Bay Government as a proof of their hostility to the system of government now restored in England. To purge themselves from this charge, the Governor and Council of Massachusetts Bay, March 18, 1661, took this book into consideration, and declared "they find it, on perusal, full of seditious principles and notions relative to all established governments in the Christian world, especially against the government established in their native country." Upon consultation with the Elders, their censure was deferred until the General Court met, "that Mr. Eliot might have the opportunity in the meantime of public recantation." At the next sessions, in May, Mr. Eliot gave into the Court the following acknowledgment under his hand:

"Understanding by an Act of the honoured Council, that there is offence taken at a book published in England by others, the copy whereof was sent over by myself about nine or ten years since, and that the further consideration thereof is commended to this honoured Court now sitting in Boston: Upon perusal thereof, I do judge myself to have offended, and in way of satisfaction not only to the authority of this jurisdiction, but also to any others that shall take notice thereof, I do hereby acknowledge to this General Court, that such expressions as do too manifestly scandalize the Government of England, by King, Lords and Commons, as anti-christian, and justify the late innovators, I do sincerely bear testimony against, and acknowledge it to be not only a lawful but eminent form of government.

"2nd. All forms of civil government, deduced from Scripture, I acknowledge to be of God, and to be subscribed to for conscience sake; and whatsoever is in the whole epistle or book inconsistent herewith, I do at once and most cordially disown.

"John Eliot."[115]

It must have been painful and humiliating to John Eliot to be brought to account for and compelled to recant the sentiments of a book which had been in circulation eight or nine years, and much applauded by those who now arraigned and made a scapegoat of him, to avert from themselves the consequence and suspicion of sentiments which they had held and avowed as strongly as Eliot himself.

It has been said that the Government of Massachusetts Bay had desisted from acknowledging and addressing Charles the Second as King, until they found that their silence endangered their interests. Mr. Holmes, in his Annals, speaking under the date of May, 1661 (a year after Charles had entered London as King), says: "Charles II., had not yet been proclaimed by the colony. The Governor (Endicot), on receiving intelligence of the transactions that were taking place in England to the prejudice of the colony, judged it inexpedient longer to delay that solemnity. Calling the Court together, a form of proclamation was agreed to, and Charles was acknowledged to be their sovereign Lord, and proclaimed to be the lawful King of Great Britain, France and Ireland, and all other territories thereto belonging." An address to the King was agreed to, and ordered to be sent to England.[116]

In this remarkable address (given in a note) the reader will be struck with several things which appear hardly reconcilable with words of sincerity and truth.

First, the reason professed for delaying nearly a year to recognise and address the King after his restoration. Nearly thirty years before, they had threatened the King's Royal father with resistance, since which time they had greatly increased in wealth and population; but now they represent themselves as "poor exiles," and excuse themselves for not acknowledging the King because of their Mephiboseth lameness of distance—as if they were more distant from England than the other American colonies. Their "lameness" and "ineptness" and "impotence" plainly arose from disinclination alone. It is amusing to hear them speak of themselves as "exanimated outcasts," hoping to be animated by the breath of Royal favour. Their "script" was no doubt "the transcript of their loyal hearts" when they supplicated the continuance of the Royal Charter, the first intentions and essential provisions of which they had violated so many years.

Secondly. But what is most suspicious in this address is their denial of having taken any part in the civil war in England—professing that their lot had been the good old nonconformists',[117] "only to act a passive part throughout these late vicissitudes," and ascribed to the favour of God their "exemption from the temptations of either party." Now, just ten years before, in their address to the Long Parliament and to Cromwell, they said:

"And for our carriage and demeanour to the honourable Parliament for these ten years, since the first beginning of your differences with the late King, and the war that after ensued, we have constantly adhered to you, notwithstanding ourselves in your weakest condition and doubtfullest times, but by our fasting and prayers for your good success, and our thanksgiving after the same was attained, in days of solemnity set apart for that purpose, as also by our sending over useful men (others also going voluntarily from us to help you) who have been of good use and have done good acceptable service to the army, declaring to the world hereby that such was the duty and love we bear unto the Parliament that we were ready to rise and fall with them: for which we suffered the hatred and threats of other English colonies now in rebellion against you," etc.[118]

Whether this address to Parliament (a copy of it being enclosed with an address to Cromwell) had ever at that time been made public, or whether King Charles the Second had then seen it, does not appear; but it is not easy to conceive statements and words more opposite than those addressed by the General Court of Massachusetts Bay to the Parliament in 1651, and to the King, Charles the Second, in 1661.

On the contrasts of acts themselves, the reader will make his own remarks and inferences. The King received and answered their address very graciously.[119] They professed to receive it gratefully; but their consciousness of past unfaithfulness and transgressions, and their jealous suspicions, apprehended evil from the general terms of the King's reply, his reference to his Royal predecessors and religious liberty, which above all things they most dreaded, desiring religious liberty for themselves alone, but not for any Episcopalian, Presbyterian, Baptist, or Quaker. They seem, however, to have been surprised at the kindness of the King's answer, considering their former conduct towards him and his Royal father, and towards the colonies that loyally adhered to their King; and professed to have been excited to an ecstasy of inexpressible delight and gratitude at the gracious words of the best of kings.[120] Their address presented a curious mixture of professed self-abasement, weakness, isolation, and affliction, with fulsome adulation not surpassed by anything that could have been indited by the most devout loyalist. But this honeymoon of adulation to the restored King was not of long duration; the order of the King, September 8, 1661, to cease persecuting the Quakers, was received and submitted to with remonstrance; and obedience to it was refused as far as sending the accused Quakers to England for trial, as that would bring the Government of Massachusetts Bay before the English tribunals.[121]

But petitions and representations poured in upon the King and Council from Episcopalians, Presbyterians, Baptists, etc., from Massachusetts Bay, and their friends in England, complaining that they were denied liberty of worship, the ordinance of Baptism and the Lord's Supper to their families and themselves, that they were deprived of even the elective franchise because of their not being members of the Congregational Church, and praying for the redress of their grievances.[122]

The leaders of the colony had, however, warm and influential advocates in the Council of the King: the Earl of Manchester, formerly commander of the Parliamentary army against Charles the First, until supplanted by Cromwell; Lord Say, a chief founder of Connecticut; and Mr. Morrice, Secretary—all Puritans.[123] Under these influences the King sent a letter to the colony, which had been avowedly at war in connection with Cromwell, against his royal father and himself (and by which they had justly forfeited the Charter, apart from other violations of it), pardoning the past and assuring them he would not cancel but restore and establish their Charter, provided they would fulfil certain conditions which were specified. They joyously accepted the pardon of the past, and the promised continuance of the Charter as if unconditional, without fulfilling the conditions of it, or even mentioning them; just as their fathers had claimed the power given them in the Royal Charter by Charles the First in 1628, to make laws and regulations for order and good government of the Massachusetts Bay Plantation, concealing the Charter, claiming absolute power under it, and wholly ignoring the restrictive condition that such laws and regulations were not to be "contrary to the laws of England"—not only concealing the Charter, but not allowing their laws and regulations to be printed until after the fall of Charles the First, and resisting all orders for the production of their proceedings, and all Commissions of Inquiry to ascertain whether they had not made laws or regulations and performed acts "contrary to the laws of England." So now, a generation afterwards, they claimed and contended that Charles the Second had restored their Charter, as if done absolutely and unconditionally without their recognising one of the five conditions included in the proviso of the King's letter. Nothing could have been more kindly and generously conceived than the terms of the King's letter, and nothing could be more reasonable than the conditions contained in its proviso—conditions with which all the other British colonies of America readily complied, and which every province of the Dominion of Canada has assumed and acted upon as a duty and pleasure from the first establishment of their respective Governments. Of all the colonies of the British Empire for the last three centuries, that of Massachusetts Bay is the only one that ever refused to acknowledge this allegiance to the Government from which it derived its existence and territory. The conditions which Charles the Second announced as the proviso of his consenting to renew and continue the Charter granted by his Royal father to the Company of Massachusetts Bay, were the following:

"1. That upon a review, all such laws and ordinances that are now, or have been during these late troubles, in practice there, and which are contrary or derogatory to the King's authority and government, shall be repealed.

"2. That the rules and prescriptions of the said Royal Charter for administering and taking the oath of allegiance, be henceforth duly observed.

"3. That the administration of justice be in the King's name.

"4. That since the principle and formation of that Charter was and is the freedom of liberty of conscience, we do hereby charge and require you that freedom of liberty be duly admitted and allowed, so that they that desire to use the Book of Common Prayer and perform their devotion in the manner that is established here, be not denied the exercise thereof, or undergo any prejudice or disadvantage thereby, they using the liberty peaceably, without any disturbance to others.

"5. That all persons of good and honest lives and conversations be admitted to the sacrament of the Lord's Supper, according to the said Book of Common Prayer, and their children to Baptism."[124]

Nothing could be more kind and assuring than the terms of the King's letter, notwithstanding the former hostility of the Massachusetts Bay rulers to him and his Royal father,[125] and nothing could be more reasonable than the five conditions on which he assured them of the oblivion of the past and the continuance of the Royal Charter; but with not one of these conditions did they take a step to comply for several months, under the pretext of affording time, after publishing it, that "all persons might have opportunity to consider what was necessary to be done," though the "all persons" referred to included only one-sixth of the population: for the term "Freeman of Massachusetts" was at that time, and for thirty years before and afterwards, synonymous with member of one of the Congregational Churches. And it was against their disloyalty and intolerance that the five conditions of the King's pardon were chiefly directed. With some of these conditions they never complied; with others only as they were compelled, and even complained of them afterwards as an invasion of their chartered privileges,[126] though, in their first order for public thanksgiving for the King's letter, they spoke of it as assuring "the continuance of peace, liberties and the gospel." Though the agent of Rhode Island met the agents of Massachusetts Bay Colony before the King, and challenged them to cite, in behalf of Massachusetts, one act of duty or loyalty to the kings of England, in support of their present professions as loyal subjects; yet the King was not disposed to punish them for the past, but continue to them their privileges, as they desired and promised they would act with loyalty and tolerance in the future.[127]

The King's promised oblivion of the past and recognition of the Charter was hailed and assumed as unconditional, while the King's conditions were ignored and remained a dead letter. The elective franchise and eligibility for office were still, as heretofore, the exclusive prerogative of Congregational Church members; the government of the colony was still in the hands alone of Congregational ministers and magistrates, and which they cleaved to as for life; their persecutions of those who did not worship as they did, continued without abatement; they persisted in their theocratic independence, and pretended to do all this under a Royal Charter which forbade their making laws or regulations contrary to the laws of England, acting also in the face of the King's conditions of pardoning their past offences, and perpetuating their Charter privileges.

The King's letter was dated the 28th of June, 1662, and was presented by Mr. Bradstreet and Mr. Norton to the Governor and General Court at Boston, 8th of October, 1662;[128] but it was not until a General Court called in August, 1664, that "the said letter was communicated to the whole assembly, according to his Majesty's command, and copies thereof spread abroad."[129] In the meantime they boasted of their Charter being recognised by the King, according, of course, to their own interpretation of it, while for twenty-two months they withheld the King's letter, against his orders, from being published; concealing from the victims of their proscription and persecution the toleration which the King had announced as the conditions of his perpetuating the Charter.

It is not surprising that those proscribed and persecuted parties in Massachusetts Bay Colony should complain to the King's Government that the local Government had denied them every privilege which his Majesty had assured to them through their friends in England, and by alleged orders to the Government of Massachusetts Bay, and therefore that the King's Government should determine to appoint Commissioners to proceed to the New England colonies to investigate the complaints made, and to regulate the affairs of the colonies after the disorders of the then recent civil war, during which the Massachusetts Bay Government had wholly identified itself with Cromwell, and acted in hostility to those other American colonies which would not renounce their allegiance to the Throne, and avow allegiance to the usurper.

It was not till the Government of Massachusetts Bay saw that their silence could no longer be persisted in with safety, and that a Royal Commission was inevitable,[130] that they even published the King's letter, and then, as a means of further procrastination and delay, they appended their order that the conditions prescribed in the Royal letter, which "had influence upon the Churches as well as the civil state, should be suspended until the Court should take action thereon"—thus subordinating the orders of the King to the action of the Massachusetts Bay Court.