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A50149 Pietas in patriam the life of His Excellency Sir William Phips, Knt. late Captain General and Governour in Chief of the province of the Massachuset-Bay, New England, containing the memorable changes undergone, and actions performed by him / written by one intimately acquainted with him. Mather, Cotton, 1663-1728. 1697 (1697) Wing M1138; Wing P2135_CANCELLED; ESTC R931 77,331 134

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have considered the circumstances of England and of Scotland In New-England they differ from other Plantations they are called Congregational and Presbyterian So that such a Governour will not suit with the People of New-England as may be very proper for other English Plantations Two Days after this the King upon what was proposed by certain Lords was very inquisitive whether He might without breach of Law set a Governour over New-England whereto the Lord Chief Justice and some others of the Council answered That whatever might be the Merit of the Cause inasmuch as the Charter of New-England stood vacated by a Judgment against them it was 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 believed it would be for the Advantage of the People in that Colony to be under a Governour appointed by Himself Nevertheless because of what Mr. Mather had spoken to Him He would have the Agents of New-England nominate a Person that should be agreeable unto the Inclinations of the People there and notwithstanding this He would have Charter-Priviledges restored and confirmed unto them The Day following the King began another Voyage to Holland and when the Attorney General 's Draught of a Charter according to what he took to be his Majesty's Mind as expressed in Council was presented at the Council-Board on the eighth of June some Objections then made procured an Order to prepare Minutes for another Draught which deprived the New-Englanders of several Essential Priviledges in their other Charter Mr. Mather put in his Objections and vehemently protested that he would sooner part with his Life than consent unto those Minutes or any thing else that should infringe any Liberty or Priviledge of Right belonging unto his Country but he was answered That the Agents of New-England were not Plenipotentiaries from another Soveraign State and that if they would not submit unto the King's Pleasure in the settlement of the Country they must take what would follow The dissatisfactory Minutes were by Mr. Mather's Industry sent over unto the King in Flanders and the Ministers of State then with the King were earnestly applied unto that every mistake about the good Settlement of New-England might be prevented and the Queen Her self with Her own Royal Hand wrote unto the King that the Charter of New-England might either pass as it was drawn by the Attorney General or be deferred until His own Return But after all His Majesties Principal Secretary of State received a Signification of the King's Pleasure That the Charter of New-England should run in the Main Points of it as it was now granted Only there were several Important Articles which Mr. Mather by his unwearied Sollicitations obtained afterwards to be inserted There were some now of the Opinion That instead of submitting to this New Settlement they should in Hopes of getting a Reversion of the Judgment against the Old Charter declare to the Mininisters of State That they had rather have no Charter at all than such an one as was now proposed unto Acceptance But Mr. Mather advising with many unprejudiced Persons and Men of the greatest Abilities in the Kingdom Noblemen Gentlemen Divines and Lawyers they all agreed That it was not only a lawful but all Circumstances then considered a needful Thing and a part of Duty and Wisdom to accept what was now offered and that a peremptory Refusal would not only bring an Inconveniency but a Fatal and perhaps a Final Ruine upon the Country whereof Mankind would lay the blame upon the Agents It was argued That such a Submission was no Surrender of any thing That the Judgment not in the Court of Kings Bench but in Chancery against the Old Charter standing on Record the Pattent was thereby Annihilated That all attempts to have the Judgment against the Old Charter taken off would be altogether in vain as Men and Things were then disposed It was further argued That the Ancient Charter of New-England was in the Opinion of the Lawyers very Defective as to several Powers which yet were absolutely necessary to the subsistence of the Plantation It gave the Government there no more Power than the Corporations have in England Power in Capital Cases was not therein particularly expressed It mentioned not an House of Deputies or an Assembly of Representatives the Governour and Company had thereby they said no Power to impose Taxes on the Inhabitants that were not Freemen or to erect Courts of Admiralty Without such Powers the Colony could not subsist and yet the best Friends that New-England had of Persons most learned in the Law professed that suppose the Judgment against the Massachuset-Charter might be Reversed yet if they should again Exert such Powers as they did before the Quo Warranto against their Charter a new Writ of Scire Facias would undoubtedly be issued out against them It was yet further argued That if an Act of Parliament should have Reversed the Judgment against the Massachuset-Charter without a grant of some other Advantages the whole Territory had been on many Accounts very miserably Incommoded The Province of Main with Hampshire would have been taken from them and Plymouth would have been annexed unto New-York so that this Colony would have been squeezed into an Atom and not only have been render'd Insignificant in it's Trade but by having it's Militia also which was vested in the King taken away it's Insignificancies would have become out of measure humbling whereas now instead of seeing any Relief by Act of Parliament they would have been put under a Governour with a Commission whereby ill Men and the King 's and Country's Enemies might probably have crept into Opportunities to have done ten thousand ill Things and have treated the best Men in the Land after a very uncomfortable Manner It was lastly argued That by the New Charter very great Priviledges were granted unto New-England and in some respects greater than what they formerly enjoyed The Colony is now made a Province and their General Court has with the King's Approbation as much Power in New-England as the King and Parliament have in England They have all English Liberties and can be touched by no Law by no Tax but of their own making All the Liberties of their Holy Religion are for ever secured and their Titles to their Lands once for want of some Forms of legal Conveyance contested are now confirmed unto them If an ill Governour should happen to be imposed on them what Hurt could he do to them None except they themselves pleased for he cannot make one Counsellour or one Judge or one Justice or one Sheriff to serve his Turn Disadvantages enough one would think to discourage any ill Governour from desiring to be Stationed in those uneasie Regions The People have a Negative upon all the Executive Part of the Civil Government as well as the Legislative which is a vast Priviledge enjoyed by no other Plantation in America nor