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A70558 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 Massachusets 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. Mather, Increase, 1639-1723. 1691 (1691) Wing M1184; ESTC R3613 15,615 26

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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-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-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-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-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
England when your Principals have signified to the King that they will do it Who gave you that Power of Refusal Has the General Court in an Address to the King declared They have not entred on the full Exercise of their Charter-Government but that they wait for the King's Pleasure as to their Settlement then surely they have not given you private Instructions not to submit And if they have not you cannot answer your Refusal to your Principals nor to the King nor to Mankind Have not your Magistrates caused a new Clause to be added to the usual Oath taken by the Assistants viz. That if contrary Orders arrive from England that Oath shall not oblige them to serve as Assistants until the Year be expired Shall then their Agents protest against such Orders Such as these have been the Reasonings of wise Men in London Moreover the Government in New-England Petitioned the King to assist them with Frigats and Supplies of Arms and Ammunition which was in effect to pray for a Governour They could not be so weak to think the King would send the one without the other When I wrote to this purpose to a principal Person in Government there the Answer returned to me was That I and other Persons that were employed as Agents for that Colony ought to look on it as the principal thing committed to our Care and Trust and that preferrable to all other things whatsoever To endeavour the obtaining Assistance from their Majesties against the French and other Enemies and that this was the sence of the generality of the sober People in new-New-England So that if these two came in Competition either to have the Old Charter just as it was or to get Assisance from England we were told we should be Unfaithful to our Trust if we did not preferr the latter to the former Yet further The Countrey was so impoverished by the Wars made upon them as that they could not send a competent Supply to their Agents for the management of their Affair Besides what was sent to me out of New-England I expended upwards of Two Hundred Pounds of my own Personal Estate out of Love to that People And I did for their sakes borrow of a Merchant in London above Three Hundred Pounds more which was Two Years before care was taken for the Repayment of it The last Year some who were hearty Well-wishers to New-England wrote thither That they must consider their Life their Religion the Welfare of their Posterity for ever depended on a suitable Suppy for their Agents that were concerned in Transacting their great Affairs at Court This notwithstanding for more than a Twelvemonth not one Penny was returned So that I was necessitated either to suffer Ruine to come upon the Countrey where I had spent the greatest part of my Life or else must borrow Money again to serve them Which I did and Engaged all the Estate I have in the World for the Repayment thereof This is more than ever any man did before me and perhaps more than any Person so Circumstanced as I have bin will do after me And what was I able to do more I do humbly affirm That there is not a man in this World that has done more nor so much towards the obtaining of a full Restitution of all Charter-Priviledges to New-England as I have done And as to the undesirable Minutes in the New Charter there is no person living that has manifested his dissent therefrom or more opposed or done more to prevent them than I have But to reject all the Good therein because of some things inconvenient is that which I dared not to be guilty of As Day and Night have seen it so I can and I do appeal to Heaven and Earth that I have served that People with all Fidelity to the very utmost of my Power And now they must give me leave to give them the best Advice I can I shall not need for they will do it of themselves to perswade them to send an Address of Humble Thanks to their Majesties for their Royal Favour in Restoring Property and in Conferring greater Priviledges on New-England than have bin granted to any other English Plantation And for that their Majesties have been graciously pleased to put the present Government of New-England into good hands The Person Nominated for Governour Sir William Phipps is one that has ventured his Life to serve his Countrey When Gideon did so the Children of Israel were desirous that he should Rule over them The Deputy-Governour Mr. Stoughton is one whose worth is known in both Englands One of more than ordinary Accomplishments both as to parts Natural and Acquired and as to Vertue and Integrity And as for the Twenty Eight Assistants who are appointed to be of the Governours Council every man of them is a Friend to New-England and to the Churches and Interest of Christ therein To be in the hands of such Rulers is an invaluable Mercy As for me whom the Lord Jesus has made use of as an Instrument in his Hand for obtaining this Mercy for new-New-England I desire no Acknowledgment nor any Reward in the least for the Difficult and Expensive Service I have for their sakes gone through Let me wait for my Recompense till the Resurrection of the Just But if that People be not thankful to God and to the King and Queen for what has been done for them not only the King and Queen but the Majesty of Heaven may justly be incensed against them To be thankful for what is given is the way to receive more from God and Men. But let me Propose 1. That the General Court do without delay agree upon a Body of Good Laws They may make such Laws for the Settlement of the Militia and for the securing of Liberty to the Subject as shall be better than their Old Charter And as to what concerns the Upholding of Religion in that Countrey there are especially Two things which may be done The one is By Laws to Encourage an Able and Faithful Ministry The other is To take care that the Colledge be Confirmed in such Hands as will make it their Concern to Promote and Propagate Vertue and Learning It was in a special manner with respect thereunto that I did undertake a Voyage for England above Three Years and an half since As long as that Countrey lay unsettled as to the Civil Government I could not do much for the Colledge only I prevailed with a Gentleman of my Acquaintance to bequeath a Legacy of Five Hundred Pounds to that Society And now in this New-Charter all Donations or Revenues granted to that Academy are by the King under the Great Seal of England Confirmed I humbly proposed to some great Ministers of State That a particular Charter might be granted for the Incorporating that School for Academical Learning Answer was made That it should be so if I desired it But that a better way would be for the General Court of the Massachusets Colony by a Law to Incorporate their Colledge and to make it an University with as ample Priviledges as they should think necessary and then transmit that Act of the General Court to England for the Royal Approbation which would undoubtedly be obtained I look upon this Particular alone to be well worth my going to England and there serving half an Apprenticeship for that no small Concernment of Religion and the Happiness of future Generations are comprehended in this Matter respecting the Colledge 2. I take it to be good Advice That Judges Sheriffs Justices of the Peace should be Established throughout the Province of such as are Men fearing God and that their Commissions continue Quam diu se benè gesserint However it shall be whether my Counsels be followed or not or whether my sincere Intentions and unwearied Endeavours to serve New-England find Acceptance with them or no I have this to comfort my self with That God has been so gracious to me as to make me instrumental in obtaining for my Countrey a MAGNA CHARTA whereby Religion and English Liberties with some peculiar Priviledges Liberties and all Mens Properties are Confirmed and Secured Allowance being given for the Instability of all Humane Affairs to Them and their Posterity for evermore LONDON Novemb. 16. 1691. INCREASE MATHER AN EXTRACT of a LETTER WRITTEN By some of the most Eminent Nonconformist Divines in London Concerning the NEW CHARTER Granted to the Colony of Massachusets in NEW-ENGLAND To the much Honoured General Court Assembled at Boston in New-England Much Honoured Gentlemen WE must give this true Testimony of our much Esteemed and Beloved Brother Mr. Increase Mather That with inviolate Integrity excellent Prudence and unfainting Diligence he has managed the great Business committed to his Trust As he is instructed in the School of Heaven to minister in the Affairs of the Soul so he is furnisht with a Talent to transact Affairs of State His Proceedings have been with that Caution and Circumspection as is correspondent to the weight of his Commission He with Courage and Constancy has pursued the Noble Scope of his Employment and understanding the true Moment of things has preferred the Publick Good to the vain Conceits of some that more might have been obtained if peremptorily insisted on Considering the open Opposition and secret Arts that have been used to frustrate the best Endeavours for the Interest of New-England the happy Issue of things is superiour to our Expectations Your present Charter secures Liberty and Property the fairest Flowers of the Civil State And which is incomparably more valuable it secures the enjoyment of the blessed Gospel in its Purity and Freedom Although there is a restraint of your Power in some things that were granted in your former Charter yet there are some ample Priviledges in other things that may be of perpetual Advantage to the Colony We doubt not but your faithful Agent will receive a gracious Reward Above and we hope his successful Service will be welcom'd with your entire Approbation and grateful Acceptance LONDON Octob. 17. 1691. We are Your very Humble And Faithful Servants William Bates Thomas Woodcock Matthew Mead Matthew Barker Richard Stretton Vincent Alsop John Howe John James Samuel Annesly George Griffith Richard Mayo Isaac Chauncey John Quick THE END
presented at the Council-Board on the Eighth Day of June last when it was by some objected That by such a Charter as this the King's Governour would be made a Governor of Clouts and Order was given to prepare new Minutes or Heads for another Draught Which indeed made the Charter designed to be no Charter of Incorporation and did deprive the Massachusets of some Essential Priviledges in their former Charter When those Minutes were agreed on by the Lords the Secretary of the Committee gave me a Copy of them with an Order from their Lordships That if the Agents of the Massachusets Colony were not satisfied therewith they should bring in their Objections to Mr. Attorney-General I shewed the Order to the other Agents Sir Henry Ashurst went with me to the Attorney-General I expressed my Dissatisfaction perhaps with a greater Pathos than I should have done earnestly protesting that I would sooner part with my Life than Consent to the Minutes or any thing else that did infringe any Liberty or Priviledge of Right belonging to my Countrey The like I said to some Ministers of State Who replied That our Consent was not expected nor desired For they did not think the Agents of New-England were Plenipotentiaries from another Sovereign State but that if we declared we would not submit to the King's Pleasure his Majesty was resolved to settle the Countrey and we must take what would follow I drew up some Reasons against the Minutes proposed Sir Henry Ashurst joyned with me therein we argued That the King had graciously promised a Restoration of Charter-Priviledges to New-England and that Charter-Priviledges might with as much and more reason be with-held from any or all the Corporations in England which were never legally Restored as from New-England with several other Arguments too large to be here inserted Those Reasons we delivered in Writing to the King's Attorney-General who presented them to the Lords at the Council-Board I likewise caused a Copy of them to be sent over to the King in Flanders Moreover some Great Ones at Court wrote to several of the Ministers of State who were with the King entreating them to use their Interest with his Majesty that nothing might be Imposed on New-England which would be grievous to his good Subjects there Some were apt to think that if the King were in England we might prevail with his Majesty to signifie his Disallowance of those Minutes which were so grievous to us and that therefore it might not be amiss to write to the King in Flanders praying that a stop might be put to any further Proceedings about the Charter until his Majesty's happy Return to England I desired a Great Person whom I knew the Queen had an high Esteem of to pray her Majesty to write to the King That he would graciously please to Command that the Charter should Pass as drawn up by the Attorney-General or else that it should be Deferred until his Majesty's coming The Queen was so kind as to do this for New-England I now concluded that nothing more would be done for some Months By continual Attendance on this arduous Affair I had broken my Natural Rest and neglected my Necessary Food insomuch that my Health was greatly impaired Physicians advised me to recede into the Countrey and use Mineral Waters for my Recovery Before I had been there long I had and was surprized at it notice that the King had signified his Approbation of the Minutes which we were so much concerned about and that it was his Royal Pleasure that New-England should be forthwith settled accordingly Likewise a very great Man and a great Friend of New-England desired a Person of Quality to advise me to take up with what was proposed withall adding that if the King were in England as Matters were now circumstanced nothing more or better could be expected I immediately returned to London His Majesty's Principal Secretary of State assured me that he had received such a Signification of the King's Pleasure as has been mentioned and was pleased to let me see the Letter wherein it was expressly declared not only that the King did approve of the Minutes agreed unto by the Lords of the Committee but that he did by no means approve of the Objections which the Agents of New-England had made against them We then resolved however to get as much Good and prevent as much Hurt to the Countrey as possibly might be A Petition was Signed by Sir Henry Ashurst and my self praying That no Property belonging to that Colony or to any therein might by the New Charter be taken from them nor any Priviledges which they had a Right unto That the Province of Mayn might be Confirmed Nova Scotia added to the Massachusets And That New Hampshire might be put under that Government As to what concerns Hampshire we were told the People there desired to be under any Government in the World rather than that of Massachusets Great Opposition was made against what was proposed concerning the Province of Mayn but at last it was granted and Nova Scotia so far as in the Charter is expressed Just at this time Letters came to my hand from Plymouth Colony giving me the Thanks of the General Court there for that I had prevented their being annexed to New-York which was by some Persons of Interest designed above a Year ago And intimating That the generality of People there desired to have a distinct Charter and be confirmed as a distinct Government amongst themselves But if that could not be obtained that then for the Lord's sake I would endeavour that they might be united to Boston rather than to New-York When I understood the Charter was finished and had been read before the Lords I prayed that I might see it and carry it to Councel because there might be some Clauses in it which their Lordships might have such Reasons suggested to them as they would think meet to expunge them or to add some Particulars which might be Beneficial to his Majesty's Subjects in that Colony and no ways Prejudicial to the King's Interest nor yet inconsistent with those Minutes which they would not suffer to be contradicted This Request was granted only I must return the Copy within a few days An Eminent Councellor perused it two or three times and made his Remarks on it That Phrase of Corporal Oath was altered that so no Snare might be laid before such as scruple Swearing on the Book A Clause was added Confirming Grants made by the General Court notwithstanding any defect that might attend the Form of Conveyance that so Mens Titles to their Lands might not be invalidated only for that the Laws which gave them their Right had not passed under the Publick Seal in the time of the former Government Some other Alterations we prayed for but we could not obtain them The Question now was Whether we should submit to this New Settlement Or in hopes of obtaining a Reversion of the Judgment against the Old