to Sir Ferdinando Gorges were presented in Writing together with what additional Priviledges we did at present pray for They all thought there was nothing Unreasonable or Prejudicial to the King's Interest in what was requested These things were presented to the King by my Lord Chief Justice Holt. The King ordered him to present them to the Council which was done on the First of January last when they were referred to the Consideration of the Right Honourable the Lords of the Committee for Foreign Plantations Immediately upon this the King began his Royal Voyage for Holland untill whose Happy Return nothing could be effected as to the Settlement of New-England In the mean time I drew up several Reasons for the Confirmation of Charter-Priviledges granted to the Massachusets Colony which I dispersed among the Lords of his Majesty's most Honourable Privy-Council and did particularly address my self to the greatest part of them humbly praying their Lorships Favour to New-England in a Matter which seemed so Just and Equitable And had assurance from many of them that whenever the Affair of New-England should come before the Council-Board they would do what in them was that Ancient Rights and Priviledges might be Restored Moreover a Noble Personage did me the Honour to introduce me to the Queen that so I might have an Opportunity to sollicit Her Majesty's Royal Favour towards her Subjects in New-England I assured her Majesty That there are none better affected to their Majesties Government and that on that account they had been exposed to the Rage of the French and other Enemies to the present Government in England and that the King having referred the Consideration of the Affair of New-England to the two Chief Justices with the Attorney and Sollicitor-General we only prayed that what they thought was reasonable might be granted to us The Queen graciously replied That that was a reasonable Request and that she hoped it would be done for us only it could not be done but by the Council Her Majesty moreover assured me That she had divers times spoken to the King in behalf of New-England and that for her own part she desired that that People might not only have what was Just done for them but that something of Favour might be shown to them I the rather mention this that so all New-England may be excited to Pray for so Gracious a Queen When the King returned to England he stayed not there above a Fortnight In which time I had twice the Honour to wait on his Majesty in behalf of New-England The First time I only delivered the last Address from the General-Court at Boston viz. that of Decemb. 16. 1690. and a Petition from many Merchants in London praying That Charter-Priviledges might be restored to New-England and that some Frigats might be sent for the Security of those Coasts The Second time I humbly prayed the Continuance of his Royal Favour to his Subjects in that Territory The King was then pleased to ask me What I would have to be done for New-England I humbly put his Majesty in mind of our Old Charter-Priviledges And that if they should by his Royal Favour and Goodness he restored that would make his Majesty's Name Great in those Ends of the Earth as long as the World should stand That none of his Subjects prayed more for his Royal Person and for the Success of his Arms than they did That they were all of them Protestants and that they differed in lesser Matters from some others being of those that were called Presbyterians and Congregational-Men That his Majesty in his great Wisdom had considered the Circumstances of England and the Circumstances of Scotland That according to his Royal Wisdom he would consider the Circumstances of New-England also and that such Rulers would not be agreeable to them as were very proper to the other English Plantations The King replied to me That within two or three days he expected a Report from the Committee of Lords for Foreign Plantations and that he should then see what could be done Two days after this viz. on April the 30th 1691. it was by the Lords of the Committee proposed to the King Whether he would have the People in New-England make what Laws and appoint what Officers They pleased Or Whether He would not appoint a Governour of his own who should have a Negative Voice on all Acts of Government The King was very inquisitive to know whether he might without any Breach of Law set a Governor over that Colony For we have a King now that will not Act contrary to Law The Lord Chief Justice and some other of the Council answer'd That whatever might be the Merit of the Cause inasmuch as the Charter of Massachusets Colony in New-England stood vacated by a Judgment against them it was certainly in the King's Power to put them under what Form of Government he should think best for them The King then said That he was desirous to promote the Welfare of New-England as well as of England and that he believed it would be for the Good and Advantage of his Subjects in that Colony to be under a Governour appointed by himself Nevertheless That he would have the Agents of New-England Nominate a Person that should be agreeable to the Temper and Incllnations of the People there only that at this time it was necessary that a Military Man should be set over them and that this notwithstanding he would have Charter-Priviledges Restored and Confirmed to them The next day the King began his Second Royal Voyage for Holland but an Order of Council was drawn up intimating That it was the King's Pleasure to have a Governour of his own Appointing sent to New-England who should have a Negative Voice in all Acts of Government And That the Massachusets Colony should be settled on the same Foundation with Barbadoes c. And that a Charter should be prepared accordingly As soon as I had a Copy of this Order of Council I went with it to four or five of the Lords of His Majesty's most Honourable Privy-Council Every one of which said That as it was worded it did not in their Opinion agree with the King's Expressions or Intentions Moreover I caused a Copy of this Order to be transmitted to my Lord Sidney one of his Majesty's Principal Secretaries of State then with the King in Flanders praying That if that Order Signed by one of the Clerks of the Council was not according to the King's Mind His Majesty would graciously please to signifie his Dis-approbation thereof But no such Signification ever came The Attorney-General in the mean time prepared a Draught of a Charter according to what he took to be the King's Mind as expressed when his Majesty was last in Council In that Draught the Free men and not all Free-holders had Power to Chuse the Deputy-Governour and the other General Officers And the King's Governour had not a Negative Voice allowed him in any Case This Draught was
Charter signifie to the Ministers of State that we had rather have no Charter at all than such an one as was now proposed to acceptance I knew that in the multitude of Councellors there is safety and did therefore advise with many and with Persons Unprejudiced and of the greatest Wisdom and Ability to judge with Noblemen Genlemen Divines and Lawyers They all agreed that it was not only Lawful but all Circumstances considered a Duty to submit to what was now offered Some said They were very weak Men and unfit to appear as Agents for a Colony that should make any Question of it Others said That a peremptory Refusal would bring not only a greater Inconvenience but a fatal Ruine on New-England and then Mankind would lay the blame on the Weakness and Wilfulness of the Agents who when they could not have what they would ought to submit to what they could get The Opinion of the Lawyers was That such a Passive Submission was not a Surrender inasmuch as nothing was done under Hand and Seal Nor could there be a Surrender in this case since Judgment was already Entred and Recorded against the Old Charter Nor were the Agents capable of Surrendring as not being Plenipotentiaries and that their taking up with this did not make the People in that Colony in Law uncapable of obtaining all their Old Priviledges whenever a favourable Opportunity should present it self for the World knew that in a present parting with any of their ancient Rights they were forced to yield unto Necessity I remember an Honest Lawyer and a Well-wisher to New-England told me That if we were put to our Choice whether to enjoy our Old Charter which he was well acquainted with again just as it was or to take up with this all things duely considered we were not wise if we did not chuse this rather than that It was considered That a Judgment right or wrong not in Court of King's-Bench but in Chancery standing on Record against the Charter of the Massachusets whereby it was vacated and annihilated that Colony was fallen into the Kings Hands so that he might put them under what Governours or what Form of Government he should please Their Agents might beg for a full Restitution of all Ancient Priviledges but they might not either Chuse or Refuse as to them should seem best It was considered That there was no probability of obtaining a Reversion of the Judgment against the former Charter We saw it was in vain to attempt to bring it out of Chancery into the Court of King's Bench. There were thoughts of bringing the Matter into the House of Lords by a Writ of Error in Judgment but it was believed that no Cursitor would now venture to Sign a Writ of Error and that if he should the Lords would not be forward to concern themselves in this Affair Although the Archbishop of Canturbury that now is and many of the present Bishops are Friends to New-England as well as to all good Men and I have cause to acknowledge the personal Respect I have received from many of them And although a great Interest has been made for New-England amongst the Temporal Lords nevertheless when they should understand that the King was desirous to have that Countrey put under another Form of Government which his Royal Wisdom judged would be better for them than what they formerly enjoyed the Lords would be very slow in doing any thing that they knew would be dissatisfactory to his Majesty And if they should see cause to take the Case of New-England into their Consideration though they would not Justifie the manner of Proceedings yet when they should hear all that was to be Objected against the Governour and Company on the Account of their having exceeded the Powers of their Charter in several Particulars and in a very high degree they would certainly judge that they had merited a Condemnation thereof It was also Considered That the Old Charter was in more respects than one very defective For by that the Government in New-England had no more Power than Corporations in England have But those Corporations have not Power in Capital Cases Both the Judges and Eminent Lawyers have assured me that though Power was given to Corporations in Criminal except Capital Cases be particularly expressed their Power does not reach so far Nor was there any thing in the Old Charter concerning an House of Deputies or Assembly of Representatives Nor had the Governour and Company Power to impose Taxes on the Inhabitants Nor to Erect Courts of Admiralty c. The King's Attorney-General who is no Enemy to New-England declared the two Chief Justices and Sollicitor-General concurring with him That supposing the Judgment against the Charter of the Massachusets to be Reversed if the Government should exert such Powers as before the Quo Warranto against their Charter they had done there would now be a Writ of Scire facias issued out against them in Westminster-Hall and their Charter-Priviledges would undoubtedly be taken from them And it was Considered That if the Judgment against the Old Charter had been Reversed by Act of Parliament the Massachusets Colony would for all that have been in a far more miserable Condition than by the present Settlement they are reduced unto For then the Province of Mayn as to Government would have been taken from them since Government is a Trust that cannot be sold and Hampshire which would have been made to extend as far as Salem and Plymouth would have been put under a Governour sent from England which Governour would have had the Command over the Militia and the Power of Admiralty c. in the Massachusets Colony So that in fine Boston would have been deprived of Trade and the whole Colony made very insignificant And if they had exerted Powers necessary for the Supportation of their Government perpetual Conplaints would have been made against them It was moreover Considered That if the Agents of that Colony had signified to the Ministers of State that they had rather have no Charter at all than this which the King was pleased to grant to them the Consequence would have been that they should have had a Governour wholly a Stranger to New-England and a Deputy-Governour not acceptable to the People there and many of his Councellors Strangers and others of them such as were Andross's Creatures and that this Governour should have had the same Power which the Governours in other Plantations have to Appoint the General Officers They are very weak Men that doubt of this and if they will look no further than their Neighbours at New-York and Virginia they may see Demonstrations before their Eyes sufficient to convince them It was likewise Considered That some Persons in London were endeavouring to get a Pattent for all Mines Minerals Gums c. in New-England Which Design was of late likely to have taken effect only the New Charter has most happily prevented that which would have been of pernicious
A BRIEF ACCOUNT CONCERNING Several of the AGENTS OF New-England THEIR NEGOTIATION at the COURT OF ENGLAND WITH Some REMARKS on the NEW CHARTER Granted to the Colony of MASSACHVSETS SHEWING That all things duely Considered Greater Priviledges than what are therein contained could not at this Time rationally be expected by the People there LONDON Printed in the Year 〈…〉 A BRIEF ACCOUNT CONCERNING Several of the AGENTS OF NEW-ENGLAND THEIR NEGOTIATION at the COURT of ENGLAND I May rationally suppose that an Account of my Negotiation in England where I have been attending the great Affair of New-England for more than Three Years will be expected from me When I began my Voyage from Boston for London which was in April 1688. New-England was in a very deplorable Condition He that was then Governour there acted by an Illegal and Arbitrary Commission and invaded Liberty and Property after such a manner as no man could say any thing was his own Wise men believed it to be a necessary Duty to use all Lawful means to obtain some Relief and Remedy against those growing Evils This could not be done without first acquainting him who was then in the Throne with the miserable State of his Subjects in that Territory No man of common Prudence could be insensible of the Hazard and Danger that woulâ—â—â—tend his Person and Family in appearing at Court as a Complainant against a Governour that was King James his Creature Nevertheless being encouraged by many of the principal Gentlemen in New-England I resolved to venture thô I perished in the Attempt rather than to see my Countrey ruin'd In June following I had the favour of waiting on the late King I must acknowledge he was very kind and Obliging in his Expressions giving me Liberty of Access in private to him whenever I desired it seeming to wonder at the things I acquainted him with and professing that no man in the World should be more ready to relieve the People Interceded for than he would Notwithstanding which nothing was done for them all that Summer And indeed good words were as much as any one under my Character had reason to expect in King James his Court. At the time of the happy Revolution in England being introduced by the Right Honourable my Lord Wharton of whose kindness all New-England has cause to be sensible his Lordship having upon all Occasions concerned himself for them I made my humble Addresses to his present Majesty then Prince of Orange in behalf of that Countrey There was a Circular Letter drawn up to be sent to all the Plantations and in particular to New-England to confirm those Governours in their Places till further Order Mr. Jephson the then Princes Secretary shewed me the Letter I assured him that New-England would be undone if that Letter should come to them Within a few dayes he told me that he had acquainted His Highness with what I said to him Who had thereupon Ordered him not to transmit that Letter to New-England But to all the other Plantations where there were Protestant Governours This was certainly an happy turn for New England How would their Oppressors have insulted over them had such a Letter come into their hands I knew that whilest that People enjoyed their Old Charter they prospered wonderfully But that since they were deprived of the Priviledges therein contained their ruins were multiplyed and that the Inhabitants were generally desirous of being resettled as in the days of Old for which cause I resolved to do what was in me that it might be so Whenever I had the Honour of speaking to the King whether at White-Hall Hampton-Court or Kensington I still mention'd the Charter and always found that the King although he judged it would be for the Advantage of New-England to have a Covernor Commission'd by his Majesty yet that he was graciously inclin'd to Restore Charter-Priviledges unto his Subjects in that Territory Once at Hampton-Court his Majesty was pleased to bid me rest assured that it should be so if it were in his Power to cause it to be done I advised with many wise Men about this momentous Affair whose Judgment was That the best and most effectual Course would be to endeavour a Reversion of the Judgment against the Charter of the Massachusets by an Act of Parliament and after that to Petition the King for such additional Priviledges as should be thought needful I prayed Sir Henry Ashurst whom I knew to be a worthy Member of the Convention as well as of this present Parliament to concern himself for the good People in that Countrey Which he did without much intreaty being of himself forward to do Good Nor is it possible for New-England ever duely to Recompense him for his sincere Intentions and assiduous Endeavours to serve them We both of us spake to many of the principal leading Men in that Parliament The Issue of which was The Commons of England Voted the Taking away the Charters belonging to New-England as of those in England to be Illegal and a Grievance and that they ought to be Restored A Bill was drawn up accordingly which Passed the House of Commons and was sent to the House of Lords for their Concurrence on January the Tenth 1689. A great Interest in behalf of New-England had been made amongst the Lords but that Parliment being unexpectedly Prorogu'd and Dissolv'd a whole Year's Sisyphean Labour came to nothing When this present Parliament met it was for some Reasons thought not adviseable to trouble them with the Affair of New-England Some Essays were then made to see if by a Writ of Error in Judgment the Case relating to the Massachusets might be brought out of Chancery into the Kings-Bench But an unexpected Providence rendred an Attempt of that Nature vain Never did I see a more signal Hand of Heaven in any Matter than in Disappointing all Designs and Frustrating all Hopes for Obtaining the so much desired full Restitution of all Charter-Priviledges by a Reversion of the Judgment entred against them There was now but one way left for the Settlement of New-England sc To implore the King 's Royal Favour It was not in the King's Power to Reverse the Judgment against the Old Charter nevertheless his Majesty had Power to Re-incorporate his Subjects thereby granting them a New Charter which should contain all the Old with New and more Ample Priviledges This Three of the Agents of the Massachusets Colony Petitioned for the Right Honourable the Earl of Monmouth condescending to deliver that Petition with his own Noble Hand After which through the Intercession of a Great and Worthy Personage the King was graciously pleased to referr the Affair of New-England to the Consideration of the two Chief Justices with his Majesty's Attorney and Sollicitor-General They Four met three or four times They were so kind as to give me leave to be present with them at all their Consultations The Heads of the Charter belonging to the Massachusets Colony and of that granted