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The Magistrates, however, proceeded to act, especially in a matter of no less importance than preparation for the apprehended war with the Narragansetts. And they were obeyed. It had been finally agreed, at the request of the Deputies, that the mooting of the question should be further adjourned, and that the publication of a popular appeal, which had been prepared by the Magistrates, should be suspended meanwhile. An influence which operated in favor of this reserve is remarkable. "Some of the Magistrates did decline the publishing thereof upon this apprehension, that it would cause a public breach throughout the country; and, if it should come to that, the people would fall into factions, and the nonmembers would certainly take part with the Magistrates (we should not be able to avoid it); and this would make us and our cause, though never so just, obnoxious to the common sort of freemen, the issue whereof must needs have been very doubtful." The Magistrates could promise themselves the support of the mob of non-voters; but they did not want it at the expense of the displeasure of their legitimate constituents, how much soever these were for the present misled.

Oct. 30.

At the next General Court, the ministers were invited to present their formal opinion on the pending question, which at the recent session had been stated, by consent of the two parties, in the following terms: "Whether the Magistrates are, by patent and election of the people, the standing council of the Commonwealth in the vacancy of the General Court, and have power accordingly to act in all cases subject to government, according to the said patent and the laws of this jurisdiction; and when any necessary occasions call for action from authority, in cases where there is no particular express law provided, then to be guided by the

1 Winthrop, II. 168-171.

word of God till the General Court give particular rules in such cases."

The unanimous opinion of the ministers, " delivered in Settlement of writing by Mr. Cotton," sustained the claim of the dispute. the Magistrates; and the question was determined accordingly. "Most of the Deputies were now well satisfied concerning the authority of the Magistrates, &c.; but some few leading men, who had drawn on the rest, were still fixed upon their own opinions." Saltonstall evinced his displeasure at the result by "moving very earnestly that he might be left out at the next election ;' and "Mr. Bellingham and he held together, and joined with the Deputies against the rest of the Magistrates. Such as had not well known the persons," says their candid opponent, "would have concluded such a faction here as hath been usual in the Council of England and other states, who walk by politic principles only. But these gentlemen were such as feared God, and endeavored to walk by the rules of his word in all their proceedings, so as it might be conceived in charity that they walked according to their judgments and conscience; and, where they went aside, it was merely for want of light, or their eyes were held through some temptation for a time, that they could not make use of the light they had." i

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But such diversities of sentiment as to internal administration did not extend to the questions of higher politics. To save expense, the General Court had ordered the fort on Castle Island in Boston harbor to be dismantled. But the uneasiness occasioned by the appearance of La Tour's armed vessel, and new reflections suggested by the proceedings in England, had given a wholesome warning of the imprudence of such economy; and, chiefly at the expense of Boston and the neighboring towns, but

1 Winthrop, II. 204-210; comp. 185, 186; Mass. Rec., II. 125.

party for the

May 20.

with the help of a contribution from the General Court, the fortress was rebuilt, furnished with an armament, and garrisoned.1 And in consideration of " the civil wars and dissensions in our native country," the Gen- Precautions eral Court passed an order in the following against a terms: "That what person soever shall, by King. word, writing, or action, endeavor to disturb our peace, directly or indirectly, by drawing a party, under pretence that he is for the King of England, and such as adjoin with him, against the Parliament, shall be accounted as an offender of an high nature against this Commonwealth, and to be proceeded with either capitally or otherwise, according to the quality and degree of his offence."2 Massachusetts was not with the King against the Commons of England.

dependence.

But neither was she for the Commons, without discrimination. The relation to the mother country to which she understood herself to be introduced by her ро- Demonstrasition as head of the Confederacy, is illustrated tions of inby two incidents which occurred soon after. One Captain Stagg, probably the person of that name afterwards employed by the Parliament to reduce Virginia, arrived at Boston from London in a vessel carrying twenty-four guns. Finding there a ship from Bristol, which city was then held for the King, he moored his own vessel between her and the shore, and summoned the master to surrender, which he did. The consignee of the captured vessel, a "Bristol merchant, a very bold,

'Mass. Rec. II. 36, 45, 57, 63–65; but, adding that, "if the King or any comp. Winthrop, II. 243.

party from him should attempt anything against this Commonwealth, he should make no scruple to spend estate and life and all in our defence against them," he was dismissed. (Winthrop, II. 176.)

Mass. Rec., II. 69. Captain Jennison, of Watertown, "an able man," was called to account for having "questioned the lawfulness of the Parliament's proceeding in England." He said that, "if he were in England, he Thomas Stagge's commission for should be doubtful whether he might this service is in Hazard, I. 556. take their part against their prince;'

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May.

malignant person, began to gather company and raise a tumult," which Winthrop quelled by arresting him and some of his friends. This done, "he wrote to the captain [of the London ship] to know by what authority he had done it in our harbor." 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 harbors 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 the 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 and violate our liberty; for the Parliament had taught us that salus populi is suprema lex." "If the 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 the Parliament by our prayers, fastings, &c., should now oppose their authority, or do anything that might 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."1

September.

A second occasion of the same kind soon called for a revisal of this judgment. A ship from Dartmouth, in "the King's service," was threatened in Boston harbor by one Richardson, commander of a vessel from London bearing a commission from the Parliament's Lord Admiral. In the absence of Endicott, who was at his home in Salem, the Lieutenant-Governor sent an order to Richardson to come on shore forthwith, which he excused himself from doing, on the plea that his men were unruly and might do some harm in his absence. A shot from the shore-battery, which cut his rigging, and the sight of boats with forty Boston men pulling from the north wharf for the Dartmouth vessel, brought him to a better mind, and he "came ashore and acknowledged his error, and his sorrow for what he had done;" whereupon he was discharged, with an order "to pay a barrel of powder, and to satisfy the officers and soldiers that had been employed." "There was no hurt done," adds Winthrop, "nor had he made one shot; for, if he had, we had resolved to have taken or sunk him, which might easily have been done, lying close under our battery." "After, he showed only an ordinary commission from the Lord Admiral, not under the great seal, nor grounded upon any Ordinance of Parliament, as Captain Stagg's was; therefore we forbade him to meddle with any ship in our harbor." 2

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