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See Young's Chronicles of Mass., pp. 52, 108 ; Sarage's Winthrop, i. 173, ii. 239.; Hutchinson's Collection of Papers, pp. 106-7; Trumbull's Connecticut, i. 103; Hinman's Catalogue of the Puritan Settlers of Connecticut, (8vo. Hartford, 1846,) p. 66.
Page 581, nole a. “ From the restoration,” says Hutchinson,' " until the vacating the Charter the Colony never stood well in England ; the principal persons, both in Church and State, were never without fearful expectations of being deprived of their privileges." And these fears were noi without foundation. . Scarcely was Charles II. seated upon the throne of his ancestors, when he was besieged by a host of complainants against the Massachusetts Colony. A petition was presented by " several merchants, complaining of great hardships” which they had sustained, "whereby they had been endamaged many thousand pounds.". Dr. Child, and others of the sometymes fyned and imprisoned petitioners,"S in behalf “ of themselves and many ihousands who groaned under 0; pression,” supplicated protection, and prayed that a General Governor might be sent over. The Quakers appeared, “ with evidences of their sufferings and torture, and of the persecution of others, even unto death, on the score of conscience only.”' Robert Mason seized the favorable moment to urge his claims to New Hampshire ; 4 while Ferdinando Gorges, stimulated to exertion by his zealous partisan Edward Godfrey," was loud in his complaints against the encroachnienis of Massachusetts upon his territories. Some asserted that many of the Colonists were deprived of the liberties and privileges granted to them by their Charters, while oibers told of differences and disputes touching the bounds of the several jurisdictions.” 6
I History of Mass., i. 210.
2 From Leverelt's letter to Governor Endicolt and the General Court, taken in connection with an article in the lostructions subsequently sent by the Court to their agent, and an order of the " Committee appointed” in 1661" for the dispatch of Agents to England,” it may be inferred that ihese "merchants" were members of The Company of Undertakers for the Iron Works” at Lynn. The order of the Committee is as follows:
"7 January, 1661, (i. e. 1661-2.) It is ordered that the Secretary doe fortbrith transcribe the records of the Court referring to the proceedings of the Court concerning Gorton and his company, Roade Island, the Ironworkes, the Quakers, Piscataqua, Dr. Child and his coinpany, Mr. Hieldersbain, the Lords' letters about appeales, Reasous Politicall for these Plantations, two coppies of the Patient, Petition to the King, and such other as he shall see needfull to give a right understanding of the grounds of the Couri's proceedings about the same."
See Hutchinson's Collection of Papers, pp. 323, 330, 347 ; Leris's Lynn, pp. 1202, 123, 124–5, 126-9, 130, 131, 132–3, 138, 139, 148–9, 154, 159, 167 ; Sarage's Ilinthrop, ii. 213-14, 355, 356 ; and
3 See pages 500, 512-18. 4 See page 612, note a. 5 Edward Godfrey had been Governor of the western part of Maine from 1649 to 1652, when he, with great reluctance, submitted to Massachusetts, and although he took'the oath of freeman, and was appointed a Commissjoner under the new government, he still retained his hostility io its measures. In 1958 he went to England, where he laid his complaints before Richard Cromwell. But his projects were, ai that time, disconcerted by a petition from “several of the inhabitanis of York, Kittery, Sacoe, Wells, and Cape Porpus,” praying that they might remain under the gosernment of Massachusetts. See pp. 542-3; Sullivan's Maine, pp. 319-20, 349-54 ; Williamson, i. 325-7, 677-8 ; Hazard's State
' Papers, i. 564-70 ; Much. Coll
. Papers, Pp: 314-16, 317, 322; Muine Hist. Coll 1. 54-5, 57, 296-300; and page 613, nole a.
6 See Leverett's letter, dated Sept. 13, 1660, in Hutch. Coll. Papers, pp: 322-4 ; also King Charles's letter of Oct. 21, 1681, to the Massachusetts Colony, in Chalmers's Poliiical Annals, pp. 443–9; the preamble to the Commission of '1664, with the accoinpanying letter of the King to Mass.; Hutchinson. ii. 11; Coll. Papers, p. 347.
Meantine Massachusetts — "constant to its old maxims of a free State, dependent on none but God”. seems to have been in no haste to present herself before the Sovereign, or to solicit the royal favor. The news of the restoration was received in Boston on the 27th of July, 1660, by the same vessel in which Goffe and Whalley, two of the regicides, had iaken passage. But“ no advices,” as we are told, “ were received from authority, the King was not proclaimed in the Colony, nor was any alteration made in the forms of their public acts and proceedings.” At the sessions of the Court in October a notion was made for an Address to the King, but it was deferred, on account of the reported disturbances in England. At last, by a ship which arrived November 30th, the Colonists learned that “all matters were fully settled," and they were also informed, by letters from Leverett and others, of the numerous complaints which had been lodged against them. The Governor and Assistants immediately met, and summoned the General Court, which convened on the 19th of December, when Addresses to the King and Parliament were agreed upon and prepared, as also Instructions for their agent " Captain John Leverett, or, in his absence, Richard Saltonstall and Henry Ashurst, Esgrs.”] The Address was graciously received by the Sovereign, and an answer return. ed, bearing date Feb. 15, 1660-1, which, with a royal mandate, dated March 5th, for the apprehension of Goffe and Whalley, was received in May following.
At the sessions of the Court in this month (May) a committee of twelve was appointed, to meet immediately after the adjournment of the Court, “to consider and debate such matter or thing of public concernment, touching our Patent, laws, privileges, and duty to his Majesty, as they in their wisdom shall judge most expedient, and draw up the result of their apprehensions, and present the same to ihe next session, for consideration and approbation, that so (if the will of God be) we may speak and act the same thing, becoming prudent, honest, conscientious, and faithful men.” Accordingly, at a special session, on the 10th of June, the commillee presented a Declaration of the Rights and Duties of the Colony by Char. ter, which was approved by the Couri.4
By Levereti's letter of April 12, 1661, information was received that, although the Address to his Majesty came seasonably, and had a gracious answer, yet complaints and claims multiplied against them. A “ Council for the Colonies," invested with powers of general superintendence, had been established in December, 1660. The King had been informed of the proceedings of a Society, which assembled every Saturday, at Coopers' Hall, in order to promote the interests of the Colony," and, with them, the good old cause of enmity 10 regal power;" and in May, 1661, he had constituted the great officers of State "a Committee touching the settlement of New England." It was asserted by some, who were in Boston when Goffe and Whalley arrived there, that they had not only found an asylum there, but " were openly treated and caressed by the chief officers
1 We wish you, says the General Court to its agent, "to interest as many gentlemen of worth in Parliament, or that are neere his Majestie, as possibly you may, to owne and favour our cause, and to beget in them a good opinion of us and our proceedings ; 10 gert speedy and true information of his Majesties sense of our petition and of the governineni and people here, together with the like of the Parliament; to use your utmost endeavours for the renewing that Ordinance that freed us from customs; and to give us as full intelligence as may be, by the first opportunity, of all matters that concerne what you conceive necessary to be done for our advantage." Hutch. Coll. Papers, pp. 329–31.
2 See the document in Mass. Hist. Coll. xxvII. 123. 3 Stuyvesant, in Albany Records, cited by Bancroft, Hist. United States, ii. 50; Hutchinson, i. 193 - 5, 199; pages 557 - 62.
* See Hutchinson, 'i. 196*- ; and the “Declaration,” ibid. 455 - 7, and also in Hazard, ii. 590 - 2.
of gorernment;" that his Majesty's commands for their apprehension “were neither executed, nor, 10 the best of the deponent's remembrance, published, por any proclamation or order, by their own authoriiy, issued out for it; otherwise it had been almost impossible for the murderers to escape as they did."] It was well known ibat the King had not been proclaiined in ihe Colony, and it was insinuated that, if they durst, they would cast off their allegiance and subjection 10 bis Majesty. Alarmed by this intelligence the Governor called ihe General Couri together on the 7ih of August, when it was determined to proclaim the King, (which was accordingly done the next day,?) and 10 send another Address to England.3
| Secretary Rawson's letter of July 4, 1661, 1o Governor Leet, in Huich. Coll. Papers, pp. 333-41; Chalmers's Political Annals, pp. 172, 243-4 ; History of the Revolt of the Colonies, i. 99-100; Huichinson, i. 193; Lord Say and Sele's leiter of July 10, 1661, ibid. 202-3; John Crown's deposition, in Chalmers, pp. 263-4; the King's letter Oct. 21, 1631, ibid., p. 414. Whalley and Gofie arrived at Boston July 27, 1660, having left London before the King was proclaimed. They immediately took up their residence in Cambridge. In November the Act of Indemnity was brought over, and when it appeared that they were not excepled, some of the principal persons in the government becaine alarmed. The Governor summoned a Court of Assistants, Feb. 220, 10 consult about securing the uobappy sugi tives; but the Couri did not agree to it. They left Cambridge Feb. 26th, and reached New Haven March 7th, 1661. A few days asier their removal a hue-and-cty was brought by the way of Barbadoes, and the Governor and Assistants issued a warrant, March 8th, to secure them. In May the royal mandate for their apprehension was received, and Thomas Kellond and Thomas Kirke, iwo young merchants from England, were despatched in pursuit of them; they left Bosion May 7th, and hasing gone through ine Colonies as far as the Dutch settlements, returned to Boston the laller part of the month, and reported to the Governor that their efforts to seize " the murderers” had been fruitless. On the 10th of June following the Declaration of Rights and Duties was presented to the Court, one clause of which was as follows:
"We further judge, that the warrant and letter from the King's Majesty for the apprehending of Colonell Whalley and Colonell Goffe ought to be diligeouy and faithfully executed by the authority of this Court."
On the 191h of June the General Court, being upon the point of adjournment, voted that " if in this vacancy any opertunity present to write for England, the Governour is desired hy the first conveyance 10 ceriify his Majesty or the Secretaries of Siate, what himselfe
and the Councill' have acted touching serching for Colonell Whalley and Colonell Goffe in the prosecution of his Majesty's warrant.” On the 4th of July the Coun. cil granted to Kellond and Kirke iwo hundred and fifty acres of land each, “as a small recompense for theire paynes in goinge to Connecticurt, New Haven, and Monhatoes for searchinge after Col. Whalley and Goffe ;” and the same day Secretary Rawson, by order of the Council, signified to Governor Leel, of New Haven, “that the non-attendance with diligence to execute the Kings Majestys warrant for the apprehending of Colonel Whaley and Goffe will much hazard the present state of these Colonies; and that, in theire understanding, there remaines no way 10 expiale the offence, and preserve themselves from the danger and hazard, but by apprehending the said personis, ** who were known to be in thai Colony; and on Sept. 5th the Commissioners of the United Colonies published a manifesto, wherein they" advise and for warne all persons whatsoever within our respective jurisdictions that may have any know lidge or enformation where the said Whalley and Goffe are, that they forth with make knowne the same to some of the Governors next resideing; and in the meane time doe theire utmost endeavors for theire apprehending and securing, as they will answare the contrary ati theire perill."
Befriended by Governor Leet, Rer. Mr. Davenport, and a few others, Gofle and Whalley effectually eluded discovery. The magistrates of Massachusells supposed that they had left the country; and there can be no doubt that, if they could have taken them, they would have sent them prisoners to England, in accordance with the King's commands.
Hutchinson, i. 197-201 ; Trumbull's Connecticut, i. 242-7; Stiles's llistory of three of the Judges of Charles I., (12 mo. Ilart ford, 1794,); the Report of Kellond and Kirke to Governor Endicolt, in Hutch. Coll. Papers, pp. 334-3; Rarson's Letter of July 4, 1661, ibid., pp. 339-41 ; Hazard, ii. 451, and also Hutch. Col. Papers, pp. 314-5; Mass. Hist. Col. xviii, 67-8, XXVII. 123-8.
2 Hazard, ii. 593. Immediately upon the news of the Restoration Rhode Island, anxious to obtain a Charler, hastened to proclaim Charles II., and to confirm the au
See Rawson's letter; Hutchinson, i. 199-201 ; Coll. Papers, pp. 341-4, and Haze ard, ii. 593-5; Endicoll's letter, in Mass. Hist, Coll. xxi. 51-3; and pages 575-6.
In the autumn was received the King's letter of Sept. 9th, concerning the punishinent of the Quakers, commanding them “ to forbear to proceed any tarıher therein, but forthwith send the said persons over into England." The letter was read at a Court held Nov. 27, 1061, and, in obedience to his Majesty's commands, it was ordered that the execution of the laws in force againsi Quakers, as such, so far as they respect corporal punishment or death, be suspended until this Court take further order." Soon after came orders " to send persons to England to answer these various accusations which were made against the Colony. The Governor summoned the Court, which met on the 31st of December, and named Simon Bradstreet and Rer. John Norton their agents to England; and a committee was appointed to make arrangements for their departure. “After much agitation and opposition” the preparations were at length completed, and the agents sailed from Boston on the 10th or 11th of February, 1661-2, furnished with a commission and instructions, an Address to the King, and letters to Lord Say and Sele, the Earls of Clarendon and Manchester, and others who were known to be friendly to the Colony. “ Their reception,” says
Hutchinson, much more favorable than was expected, their stay short, returning the next fall with the King's most gracious letter:' of June 28, 1662.'
The royal missive was read in the General Court, at Boston, October 8, 1662, and we are assured that portions of it “cheered the bearts of the
But we are, at the same time, informed that “there were sorne things hard to comply with; and although it was ordered to be published, yet it was with this caution, that 'inasınuch as the letter hath influence upon the churches as well as civil state, all manner of actings in relation thereto shall be suspended until the next General Court, thai so all persons concerned may have time and opportunity to consider of what is necessary to be done in order to his Majesty's pleasure therein.'" The letter was
thority of her“ trusty and well beloved friend and agent, Mr. John Clarke," who still remained in England, whither he had accompanied Roger Williams in 1651. In her "humble address" 10 the monarch she declares " that it is much on their hearts (if they may be permitted) to hold forth a lively experiment, that a most flourishing civil Staie may stand, and best be maintained, with a full liberty in religious concernments; and that irue piety, rightly grounded upon Gospel principles, will give the best and greatest security io sovereignty, and will lay in ihe hearts of inen the strongest obliga. tions to true loyalty." A Charter was granted to her prayers, July 8, 1663, by which "all and every person and persons may, at all times hereasier, freely and fully have and enjoy his and their own judgments and consciences, in matiers of religious concernmenis, they behaving themselves peaceably and quietly, and not using this liberty to licentious less and profaneness, nor to the civil injury or outward disturbance of others." Chalmers, p. 274; Bancroft, ii. 51, 61-5; R. 1. Hist. Coll. 111. 62-3, 1v. 99, 100, 161, 211, 263; Clarke's Commission, ibid. iv. 239-40, and Mass. Hist. Coll. xvii. 90-1; Charler, R. I. Hist. Coll. iv. 241-61, and Hazard, ii, 612-23.
Connecticut avowed her allegiance to King Charles in March, 1660-1, New Haven proclaimed him on the 21st of Angust, and the forner Colony, desirous of a Patent, took measures for the despatch of the younger Winthrop to England. Furnished with an address to the King, and a letter to the venerable Lord Say and Sele, her accomplished agent -- "the darling of New England" found no difficulty in obtaining a Charler "as amply priviledged as was ever enjoy'd perhaps by any people under ihe cope of Heaven.'' By this Charter, dated April 20, 1662, New Haven was incorporaied with Connecticut, and Long Island became subject, for a time, to her laws, Chalmers, p. 292 ; Trumbull
, i 239–10, 248, 511-15; Mather's Magnalia, Book I. p. 24; Charter, Hazard, ii. 597-605. Charles II. was proclaimed at Plymouth, June 5, 1661. Hazard, ii. 590.
See pages 571-4, 576–7; Chalmers, p. 253; Hutchinson, i. 201-2; Danforth Pa. pers, in Muss. Hist. Coll. xvII. 52–5. The person authorized by the King to bring over bis Mandamus concerning the Quakers, was “one Samuel Shattock, who, being an inhabitant of New England, was banished on pain of death if ever he returned thither.” Sewel's History of the Quakers, (. fol. Lond. 1725.) pp. 272-4. The Mandamus is in Sewel, pp. 272-3, Hazard, ii. 595-6, and Baylies's Memoir of Plymouth Colony, (svo. Bost. 1830,) Part II. p. 52 ; the proceedings of the Mass. General Court on the receipt thereof may be found in Hazard, ii, 596.
referred to the consideration of a Committee, and liberty was given to any of the elders, freemen, or other inhabitants to “send in their thoughts” on the subject.'
Meantime the complaints against the Colony increased. It had been asserted that Whalley and Goffe were at the head of an arıy; that the Coofederacy of 1643 was a war combination, made by the four Colonies when they had a design to throw off their dependence on England, and for that purpose.” It was in vain that Lord Say and Sele—now toitering beneath the weight of years and disease ?-appeared at the Council-board in their defence; in vain that he declared their accusers 10 be rogues-hat they belied the country-that “ he knew New England men were of another principle.” Addresses had been received " from the great men and natives of those countries, in which they complain of breach of faith, and acis of violence and injustice which they had been forced to undergoe.": The requisitions of his Majesty's letter bad been but partially complied with, and the answer of the General Court thereto was very far from giving satisfaction. In January, 1662 - 3, the “ Council for Colonies” represented to Charles that “ New England hath in those late times of general disorder strayed into many enormities, by which it appeared that the government there have purposely withdrawn all manner of correspondence, as if they intended to suspend their absolute obedience to his Majesty's authority," and advised that a "conciliatory letter" should be written to the Colonists. At last, for the effectual redress of these grievances, and as a manifestation of his " fatherly affection" toward his subjects in the several Colonies of New England, Charles, in April, 1663, declared it to be bis intention to
preserve the Charter of the Colony, but to send Commissioners thither to see how it was observed." 4 This measure was not carried into effect un. til April 25,' 1664, when a Commission was issued, empowering Col. Richard Nichols, Sir Robert Carr, George Cartwright, and Samuel Marerick, “to hear and determine all complaints and appeals, in all causes and maliers, as well military as criminal and civil," within New England, and to “proceed in all things for the providing for and settling ibe peare and security of the country." They were secretly instrucied" io give no tinie for those secret jealousies to grow, which are natural to the place, nor for the like infusions to be transınitted from hence, [England,) where many people are who wish not success to your employment;" to obtain the repeal of such ordinances as had been passed, during the usurpation, contrary to the royal authority; to procure an exact observance of the Charters; to acquire the nomination of the Governor and the command of the militia ; but, at the same time, to encourage no faction ; to countenance no change inconsistent with their ancient usages, unless first moved in the Assembly; to solicit no present profit, which was deemed unseasonable; to propose no measure that could be considered an invasion of liberty of conscience ;
I Danforth Papers, in Mass. Hist. Coll. xviii. 55 ; Hutchinson, i. 203–5.
2 William Fiennes, Viscount Say and Sele, the firm friend or New England, died April 14, 1662, aged 77 years. See his letter of Dec 11, 1661, 10 Gor. Winthrop, in Trumbull, i. 515 ; Collins's Peerage, vii. 22 ; IVood's Athena, iii. 546–50; Walpole's Royal and Noble Authors, iji. 69-71.
3' In April, 1662, the Narragauselt Sachems sent an address to Charles II., "in which they remembered an address of the same nature made some eighteen years before," viz. April 19, 1644, when Pessieus and Canonicus made a formal submission to Charles I. Charles's letter of Oct. 21, 1681.; the preamble to the Commission of 1664, with the accompanying letter of the king to Mass. ; Mass. Hist. Coll. xvi. 99, 105 ; Potter's Early History of Narragansell, in R. I. Hist. Coll. Ui. 43, 62; Gior. ton's " Simplicity's Defence, ibid. Il 158-60.
4 The Privy Council, according to Chalmers, referred it to the Duke of York, " to consider of fit men” to be sent as Commissioners.
5 Smith, (History of New York, p. 25,) Thompson, and Trumbull, say April 26th ; Williamson (History of Maine, i. 409,) says April 151h; and Minot, (History of Mass. i. 43,) April 5th.