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-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-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
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-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
Consequence to all that Territory It was further Considered That by this New Charter great Priviledges are granted to the People in New-England and in some Particulars greater than they formerly enjoyed For all English Liberties are restored to them No Persons shall have a Penny of their Estates taken from them nor any Laws imposed on them without their own Consent by Representatives chosen by themselves Religion is secured for Liberty is granted to all Men to Worship God after that manner which in their Consciences they shall be perswaded is the most Scriptural way The General Court may by Laws Encourage and Protect that Religion which is the general Profession of the Inhabitants there They may still have Judges as at the first and Councellors as at the beginning if the fault be not their own As long as their Principal Magistrates Judges Justices of the Peace are such as will encourage Vertue and Piety and punish Vice Religion will flourish And if they have not such the fault will not be in the New-Charter but in themselves since no bad Councellor Judge or Justice of the Peace can now be imposed on them These things are as a Wall of Defence about the Lord's Vineyard in that part of the World The General Court now that the Massachusets Colony is made a Province hath with the King's Approbation as much Power in New-England as the King and Parliament have in England which is more than could be said in the time of the former Government there which had only the Power of a Corporation The General Court has now Power to impose Taxes upon all the Inhabitants and to make Laws which shall Incorporate Towns or Schools of Learning c. which by the First Charter they had not Power to do That Countrey may now expect Protection and Assistance from England as the Matter shall require more than formerly And although there are some things in this New Charter which are not desirable yet nothing that is intolerable Take it with all its Faults and it is not so bad but that when I left New-England the Inhabitants of that Territory would gladly have parted with many a Thousand Pound to have obtained one so good The great fear is that though at present there be a good Governour appointed by the King who wisheth well to New-England yet he will quickly be removed and perhaps an Enemy come in his room But I am morally certain of it that if they hearken to the Advice of their best Friends no Person not agreeable to new-New-England in respect of Religion and the Temper of that People will be set over them during their present Majesties Reign whom the God of Heaven send long to Live and Reign Yet suppose it should be otherwise Suppose a Person as bad as Andross and the New-Englanders think there can hardly be a worse should come amongst them What can he do He cannot without the Consent of the Council Chosen by the Representatives of the People appoint a Sheriff to pack Juries to serve his turn nor Judges that will act against their Consciences rather than displease him Nor can he now send Men out of the Countrey without their own consent Nor can he and his Creatures make Laws or Leavy Taxes nor Invade any Man's Property under pretence that it is the King 's and that they must come to him for Patents that so they may have a true Title to their Lands and Estates Nor can he without violating the Magna Charta of New-England disturb any Man for his Religion The King's Governour has a Negative Voice in all Acts of Government which may be thought a great Infringement of the Peoples Liberty and indeed makes the Civil Government of New-England more Monarchical and less Democratical than in former Times Nevertheless the People have a Negative on him In which respect New-England is by this Charter more priviledged than Ireland and than any English Plantation whatsoever or than they that live in England it self are Appeals to England are allowed of by this New Charter but only in Personal not in Real or Mixed Actions where the matter of difference is above Three hundred Pounds Sterling in value So that as to Titles of Land there cannot be any Appeal to England but those Controversies are to have a final Determination in Courts of Judicature amongst themselves And Laws Enacted by the General Court are to be transmitted to the King for his Royal Approbation Nevertheless those Laws when made are to be in force as soon as made until such time as disallowed of by the King And if within the space of Three Years the King's Disapprobation be not signified those Laws are to be Perpetual except by the General Court they shall be Repealed By the Old Charter the Governour and Company might not make any Laws contrary to the Laws of England And such reasonable Laws as are not contrary thereto will no doubt be Confirmed by his Majesty if the People in New-England be not wanting to themselves as to due Endeavours that it may be so All these things duely considered the Best and Wisest Men in England thought that the Persons who were concerned for New-England would do an ill Service for their Countrey if they should peremptorily decline a Submission to this Settlement and thereby bring upon themselves that which would be more undesirable I must beg leave for it is a Truth to say this further That whereas the People in New-England have not obtained all the Charter-Priviledges which they have at several times Petitioned Their Majesties for they have more reason to blame themselves than those of their Agents who did their utmost to procure every thing for them which they prayed for Had they at the time of the Revolution entred upon the full Exercise of their Old Charter-Government and then humbly signified to the King that they had so done and that they were perswaded His Majesty who declared when Prince of Orange That Charters and Ancient Priviledges should be restored to the English Nation in general would not be offended at them on the account of their adhering to what was their undoubted Right wise Men are of Opinion that they might have gone on without disturbance until such time as new Complaints should be exhibited against them on the account of doing things which by their Charter they were never impowered to do But in an Address to the King they assure his Majesty That they had not entred upon the full Exercise of their Charter-Government but that not having received Directions from England which they humbly waited for they entred upon the Government for the Preservation of the Peace until such time as they should receive an Orderly Settlement from England which they prayed might be according to their Old Charter that had been unrighteously taken from them Now when wise Men in London saw this Will you said they who are Agents for the Massachusets Colony refuse to submit to a Settlement of your Government from