"a tedious and very dangerous passage" of two months, he immediately sent a report to Sir Lionel Jenkins of his gracious King to have pity and compassion upon us; . . . . . if not, to give us courage, faith, and patience to suffer what God in his holy will shall bring upon us." "Some wise men and faithful subjects in this land. . . . . say that this charter is the principal bond and ligament whereby this people are obliged to him [the King] and his successors, as subjects; and if the patent be once dissolved by his Majesty, against this people's will, and without their fault, what other bond remains to oblige them to him as subjects?" They are then, he argues, no more subjects of the king of England than descendants of Danes and Saxons in England retain the allegiance of their ancestors. He points to the existing state of things in New Hampshire, where old magistrates first placed in power were removed, and rights of property were invaded. Some ask, what will follow if the Massachusetts people, "who are more than a half of the English in all New England," resist attempts against their charter, as they did in 1665. "To which some say, but they are not many, 'If his Majesty's commands be not obeyed, he hath power enough to force obedience; his Majesty can send frigates and soldiers, or proclaim this people rebels, or put them out of his protection, and expose them to many calamities thereby; he can prohibit their trade with any of his dominions or plantations, upon whose traffic they may depend.' To which it is answered, . . . . . ‘To send frigates or soldiers so far is a vast charge, and as it were to hunt a partridge upon the mountains; for to such places, where they have several towns, the people may retire, and ships cannot sail thither, nor soldiers well march into the woods without great difficulty. And is there anything here to be had to compensate such a charge? The people generally are very poor; their substance is in a few poor cattle, and a little corn, and the land which they yearly lumber upon, and make but a bare shift to bring all ends together at the year's end. And if his Majesty should put them out of his protection, they must and will for the most part grieve for it, and flee under the wings of God, their old and faithful Protector; for little have they had from any earthly hitherto." And if his Majesty should prohibit their trade with other plantations, will not he have the worst of it? "They can make a shift, too, to live poorly without much trade; for here is wool, flax, hemp, iron, and many other useful things, and hands enough to make them up, for use, besides many ships and vessels which will venture abroad, and some possibly may and will return home in safety, and bring supply of what is absolutely wanted. Indeed, to be reduced to such a condition as his Majesty's displeasure may expose to will be a very great affliction to this poor people; but if God and man will have it so, they must patiently submit thereunto." On the other hand, let the King confirm them in their rights, and "they will approve themselves as good subjects as any he hath, and will serve and obey him in all things so far as they can with a good conscience. They will, industriously and diligently (as so many bees), labor in their traffic and commerce; the fruit thereof will be the increase of his revenue, in paying their just dues in all his dominions. They will put him to no charge in maintaining governors and officers, or to keep dolph to the Secretary of proceedings in America.1 A more formal docu- Report of Ranment was his "Narrative of the Delivery of his Majesty's writ of quo warranto," presented to the Privy Council, and by them referred to the Lords of the Committee.2 State. 1684. February 14 February 29 Intelligence that followed him to England indicated no progress in the undertaking of Dudley and his friends. and maintain forts and defences to secure the country by sea or land; but to their utmost power, as they have done, defend this place from all his enemies, and keep the same in subordination to him and his successors. I humbly desire to know what other or greater benefits will accrue to his Majesty by introducing a change." As to providing for "any of his Majesty's servants by conferring offices here, surely it will be found a mistake; for great things are not here to be had; the Governor and all the Magistrates in the country (and yet they are twenty in number) their salaries do not amount to more than £100 (one hundred) per annum for the Governor, and £35 per annum for each Assistant, out of which they do bear their own charges; and this is not paid in money, but a great part of it in corn at a high price." 1 In this report he relates that he "arrived in Boston upon the 26th of October, late at night, and found their General Court that afternoon broke up. Their agents, sailing out of the Downs before me almost a fortnight, and arriving the 22d of the same month, gave them notice that a quo warranto was brought against their charter." He says that he delivered the King's Declaration to the Governor on the morning after he came on shore, and the General Court was hereupon summoned to meet, November 7. The Governor, Dudley, a majority of the Magistrates, nine of the Deputies, and "as many of the chief of the min isters," were in favor of submitting; while Danforth and Richards, “having made a strong party in the House of Deputies," resisted; "and after above five weeks spent, they adjourned till the 4th instant." They were prepar ing a letter, as he heard, "to gain more time, supposing troubles might arise in England." (Colonial Papers, &c.) 2 Journals of the Privy Council.— At the same time Randolph presented to the Council a petition, "setting forth the many hazards and dangers he had met with, both by sea and land, in the prosecution of his Majesty's service in the affairs of New England, together with his losses sustained therein, amounting to above £260." The "Narrative" was read to the Council, March 11. According to this paper, the General Court hastened its adjournment, so as to get away before Randolph's arrival. It was by the influence of Danforth and Richards that Humphreys had been employed to contest the suit. "Seven or eight days before the Assembly broke up, a libellous paper was dispersed in Boston. to obtain a submission of Massachusetts to the pleasure of the King. At the General Court for Elections, Dudley had been dropped from the list May 7. of Assistants. Bradstreet and others of his party had not been displaced; but the vote that elected Continued oppugnation of Massachusetts. 1 In a letter to Jenkins, dated April 24, and signed by Bradstreet as Governor, and by Dudley, Stoughton, Brown, Gedney, Bulkely, Saltonstall, and Russell, Assistants, the writers say that they can by no means yet prevail on the Deputies to surrender the charter. (Colonial Papers, &c.) A friend of Randolph, writing to him from Boston, March 14, informs him that, at the approaching General Court for the annual elections, Bradstreet, Stoughton, Bulkely, "and one more" (probably the writer), are to be set aside as "enemies to the country." It's thought they [the patriot party] design to oppose any power from the King." He adds other particulars of information. Watertown and two other towns had declared for the King. "The Indians eastward are preparing for a war, and it is said will soon be in action." "The Governor and several Magistrates went to the Castle to see what repairs were necessary to be done, which was ordered (as was reported) the first opportunity of weather." He describes a significant town-meeting that had been held in Boston. Nowell proposed that all who were for surrendering the charter should hold up their hands. Not a hand was raised; "which caused one of the freemen to hold up both hands, and with long declamations he cried out, The Lord be praised, not a man held up his hand, to the delivering up of the charter.'" "Mather stands up [the Reverend Increase Mather, of the Second Church], and exhorts the people, telling them how their forefathers did purchase it, and, would they deliver it up, even as Ahab required Naboth's vineyard, oh! their children would be bound to curse them. They might see examples enough before their eyes, meaning the city of London and their neighboring country of Piscataqua." (Colonial Papers, &c.; see above, p. 385, note 1.) — July 9, Dudley wrote to Secretary Jenkins that he and his friends had endeavored to prevail upon the people “humbly to cast themselves at his Majesty's sacred feet; the issue of which is," he continued, "that we are regarded as enemies to their peace and liberties, and several of us discharged from our places of trust amongst them." (Colonial Papers, &c.) — July 9, a General Court assembled in consequence of a proclamation of the King (of March 8), forbidding his subjects to enlist in the military or naval service of foreign powers. It passed laws to carry that edict into effect for the Colony, but transacted no other business except to enact an additional license-law. (Mass. Rec., V. 446-448.) 2 Ibid., 436. In the civil year that now began, five extraordinary sessions of the General Court were held. (Ibid., 449, 453, 465, 469, 472.) There is no record of the names of Deputies present at any one of them; a circumstance which may be thought to indicate a general discour agement. - July 16, Randolph wrote to the Lords of the Committee that he was informed, by letters and persons from Massachusetts, that the Governor and Magistrates at Boston had been very busy repairing their May 10. May 17. them had been close, and Stoughton had been so disgusted with the rejection of his friend, that he refused to take the oath of office, though he was at the same time complimented by being chosen a Federal Commissioner. The General Court had sent another letter to Humphreys, urging him to "use his endeavor to spin out the case to the uttermost"; and, with it, another Address to the King, in which they prayed that he would not impute it to "the perverseness of their minds" that they could not. make the submission which he demanded. "We are your Majesty's poor subjects," they said, "the children and offspring of those that, under the security of the charter granted by your royal father, left all that was dear to them in your Majesty's three kingdoms, not for the sake of outward advantages, but that they might not be offenders against either church or state in those things, the enjoyment whereof they put far greater value than their private interests and proprieties. take encouragement humbly to supplicate that there may not be a further prosecution had upon the quo warranto, fortifications. He had learned that "Mr. Dudley, Mr. Stoughton, and Mr. Bulkely had been left out [of the Magistracy]; also Mr. Brown and Mr. Gedney; Stoughton and Bulkely were escorted two or three miles to their houses by seventy horsemen, merchants and gentlemen." (Colonial Papers, &c.) 1 At this election Bradstreet had only 690 votes for the office of Governor, and came near being superseded by Danforth, who had 631. (Hutch. Hist., I. 306.) The large number of freemen who did not vote for a Governor may be presumed to have been chiefly of such as would not sustain Bradstreet, though they did not like to oppose him openly. upon ... We 2 Mass. Rec., V. 439. "We question not," they wrote, "but the counsel which you retain will consult my Lord Coke his Fourth Part, about the Isle of Man, and of Guernsey, Jersey, and Gascoigne, while in the possession of the kings of England; where it is concluded by the judges that these, being extra regnum, cannot be adjudged at the King's Bench, nor can appeal lie from them, &c. Also, if there be such a thing as an appeal from a judgment in the King's Bench, by a writ of error to the Exchequer Chamber, we hope you will endeavor for us, that whatsoever benefit the law affords we may, by due and meet applications, be partakers of the same.” (Ibid.) it being very grievous to us to think of maintaining any controversy with your Majesty, and believe that, in times to come, it will be no regret of mind to your Majesty that your distressed New-English subjects have been relieved by your sovereign grace."1 Decree vacating the charter. Before these papers reached England, judicial action The was taken that was all but definitive.2 Court of Chancery, to which the business had June 21. been transferred, made a decree vacating the charter, at the same time directing "that judgment be entered up for his Majesty as of this term; but if defendants appear first day of next term, and plead to issue, so as to take notice of a trial to be had the same term, then the said judgment by Mr. Attorney's consent to be set aside; otherwise, the same to stand recorded."" 1 Humphreys was authorized to use his judgment as to presenting or withholding this Address (Mass. Rec., V. 439-441), as Dudley and Richards had been in respect to another paper (see above, p. 374, note 2), and probably for similar reasons. At this time appears upon the scene a person destined, before long, to play a conspicuous part. A letter from Stoughton and Dudley, dated Boston, June 6, relates to a secret commission, received by them "yesterday" from England, empowering them to look after the King's interest against "Captain William Phipps," who "departed hence in January, and hath been some months upon the wreck." They promise to attend to the business, as soon as Phipps arrives in Boston. "We shall use the best methods possible," they say, "to persuade his return hither from the wreck." (Colonial Papers, &c. See below, p. 590.) 2 June 11, Robert Orchard petitioned for remuneration for having "waited above twelve months by their Lordships' command to attend Mr. At torney-General, and hath given his information in writing against the Governor and Company of the Massachusetts Bay." (Colonial Papers, &c.) -Lord Godolphin was now a Secretary of State, having succeeded Jenkins, April 14 of this year. He retained the office less than six months, being himself succeeded by the Earl of Middleton in September. 3 Colonial Papers, &c.; comp. in Mass. Arch., III. 38-44, what appears to be a brief for the defendants. On the decree in Chancery the Attorney-General (Sawyer) indorsed these words: "Pray let it be entered; it very much concerns the King." Down to the time of Randolph's Report to the Privy Council (Febru ary 29, 1684) the proceedings against Massachusetts were under a writ of quo warranto, returnable into the Court of King's Bench. After that time, we hear no more of that writ, or of proceedings in that court. What |