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A55052 An impartial account of the state of New England, or, The late government there, vindicated in answer to the Declaration which the faction set forth when they overturned that government : with a relation of the horrible usage they treated the governour with , and his Council, and all that had His Majesty's commission : in a letter to the clergy there / by John Palmer. Palmer, John, 1650-1700? 1690 (1690) Wing P246; ESTC R37740 24,245 41

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declarare interpretari addere sive diminuere pro Nostrae libito voluntatis pront securitati Nostrae Terrae Nostrae viderimus expediri And therefore We Command you That from henceforward you observe the Premises in all things so only that as often whensoever and wheresoever We please We may Declare Interpret Add to and Diminish from the said Statutes and every part of them according to Our Will and Pleasure so as We shall see it expedient for the safety of Us and Our Land aforesaid In the next place I shall instance Ireland That it is a Conquer'd Kingdom is not doubted Cooke Rep. Fol. 18. but admitted in Calvin's case and by an Act of the 11th 12th and 13th of King James acknowledged in express Words viz. Whereas in former times the Conquest of this Realm by His Majesty's most Royal Progenitors Kings of England c. That by virtue of the Conquest it became of the Dominion of the Crown of England and subject to such Laws as the Conqueror thought fit to impose until afterwards by the Charters and Commands of H. 2. K. John and H. 3. They were Intituled to the Laws and Franchises of England as by the said Charters reference being thereunto had may more fully appear I shall only instance two The First is out of the close Rolls of H. 3. wherein the King after Thanks given to G. de Mariscis Justice of Ireland signifies That himself and all other his Lieges of Ireland should enjoy the Liberties which he had granted to his Lieges of England and that he will grant and confirm the same unto them Claus 1. H. 3. Dorso 14. which afterwards in the 12th Year of His Reign he did as followeth Rex dilecto fidelio suo Richardo de Burgo Justiciar ' suo Hibern Salutem Mandarimus vobis firmiter praecipientes quatenus certo die loco faciatis venire coram vobis Archi-Episcopos Episcopos Abbates Priores Comites Barones Milites Libere Tenentes Balivos singulorum Comitatuum coram eis publici legi faciatis Chartum Domini Johannis Regis Patris Nostri cui sigillum suum appensum est quam fieri fecit jurari a Magnatibus Hiberniae de legibus consuetudinibus Angliae observandis in Hiberniae Et praecipiatis eis ex parte nostra quod leges illas consuetudines in Charta praedicta contentas de caetero firmiter teneant observent The King to his Faithful and Beloved Richard de Burg Justice of Ireland Greeting We have Commanded you firmly enjoyning you That on a certain day and place you make to come before you the Arch-Bishops Bishops Abbats Priors Earls Barons Knights and Free-holders and the Bayliffs of every County and before them you cause to be publickly read the Charter of the Lord King John our Father to which his Seal is affixed and which he caused to be made and Sworn to by the Nobility of Ireland concerning the Laws and Customs of England to be observed in Ireland And commanded them on our behalf That for the future they firmly keep and observe those Laws and Customs contained in the Charter aforesaid By all which it is evident That after the Conquest and before the recited Charters the Inhabitants there although composed of many Free-born English Subjects who settled themselves amongst them were neither govern'd by their own Laws nor the Laws of England but according to the good pleasure of the Conqueror And if you will take the Opinion of Sir Edward Coke in his Annotations on the Great Charter he tells you plainly That at the making thereof it did not extend to Ireland or any of the King 's Foreign Dominions but after the making of Poyning's Law which was in the 11th Year of H. 7 long after the Great Charter it did extend to Ireland I have only one Instance more and that is The usage of Foreign Nations in their Plantations and Settlements abroad The Governments of the Vnited Provinces and Denmark are well known in Europe and yet in all their Plantations their Governments are despotical and absolute all the power is in the hands of a Governour and Council and every thing is ordered and appointed by them as is sufficiently manifest to those that are acquainted with Batavia Surrinam Curasao New York when formerly in their hands and the Island of St. Thomas By which it is evident That those Kingdoms and Principalities which are of the Dominion of the Crown of England are subject to such Laws Ordinances and Methods of Government as the Crown shall think fit to Establish The next thing then to be proved is That New England and all the English Colonies are subject to the Dominion of the Crown of England as Wales and Ireland are and not to the Empire of the King of England as Scotland is 'T is a fundamental point consented unto by all Christian Nations that the first Discovery of a Countrey inhabited by Infidels gives a Right and Dominion of that Countrey to the Prince in whose Service and Imployment the Discoverers was sent Thus the Spaniard claims the West-Indies the Portugals Brasile and thus the English these Northern parts of America For Sebastian Cabot imployed by King Henry 7. was the first Discoverer of these Parts and in his Name took Possession which his Royal Successors have held and continued ever since therefore they are of the Dominion of the Crown of England and as such they are accounted by that excellent Lawyer Sir John Vaughan in his reports Vauh Rep. Craw versus Ramsey which being granted the Conclusion must necessarily be good and it will follow That Englishmen permitted to be Transported into the Plantations for thither without the Kings Licence we cannot come can pretend to no other Liberties Privileges or Immunities there than anciently the Subjects of England who removed themselves into Ireland could have done For it is from the Grace and Favour of the Crown alone that all these Flow and are dispenced at the pleasure of him that sits upon the Throne which is plain in the great Charter it self where after the Liberties therein granted by the King it concluded thus Tenendas habendas de Nobis haeredibus Nostris in perpetuum To have and to hold of Us and Our Heirs for ever which by the Learned Sir Edward Coke is thus explained These words saith he are not inserted to make a Legal Tenure of the King but to intimate that all Liberties were at first derived from the Crown Instit page 2. fol. 4. Barbados Jamaica the Leeward Islands and Virginia have their Assemblies but it is not sui juris 't is from the grace and favour of the Crown signified by Letters Patents under the Broad Seal But the Laws made by these Assemblies with the consent of the Governour are no longer in force than till the King is pleased to signifie his Disapprobation of them which power he hath always reser●●●●o himself and can whenever he thinks fit Repeal
grand Conservators of the Peace of the Nation they never left their Duty and Allegiance to his late MAJESTY until he first left the Kingdom and all Things were transacted in his Name and by his Authority until the very minute the Prince was proclaimed who came not by force to Conquer and Subject the Nation to a foreign Power nor to Subvert and Destroy the lawful Government but to Maintain and Support the same in a peaceable manner by a Free Parliament The Prince nor Peers never abrogated nor altered any of the lawful Powers of the Nation but strengthned and confirmed all that were capable of beating Office by which there was always a due Administration of Justice The Sword was never said to Rule and Sway and by consequence that Confusion and Disorder avoided which their Illegal and Arbitrary Proceedings have precipitated us into As to the fanciful Stories of Macquas Subterranean Vaults Fire-Works French Frigats poisoning the Soldiers to the Eastward c. they are so apparently false and strangely ridiculous that by this time no Man in his Wits can believe them and I need no Argument to confute the Credit of those monstrous Follies since Time and Experience have sufficiently demonstrated them to be meer Lyes and Inventions And now I hope all sober thinking Men are convinced That the before-alledged Reasons are in themselves either absolutely false or of little moment and consequently no sufficient ground for taking up Arms all that remains on this head therefore will be to shew First That if all the Reasons had been tiue yet it could not justifie their Proceedings Secondly If their Condition had been as bad and their Grievances really as great as they were made believe those Measures could never mend the one nor redress the other The most excellent Grotius hath so learnedly wrote upon the first of those that I shall presume to use no other Argument than his own upon that head which you may read in 4. Cap. Lib. 1. De jure Belli Pacis Thirdly These Measures could never better their Condition nor redress their Grievances unless they are so vain to imagine themselves capable of waging War with the Crown of England and all its Allies Is the King so inconsiderable a Prince that he should be forced Or can they think that the noise of their Thousands and Ten Thousands will frighten him into a Compliance Without doubt if they do they will too too late find themselves mistaken and a woful Experience will quickly teach them that the sole want of their Majesties Protection will in a very short time reduce them to the most miserable and deplorable Condition in the World But perhaps they may fancy that this Action of theirs hath extreamly obliged their Majesties and that all things now are become justly due to the Merits of their Services 'T will do very well if it be so understood but I cannot see the least probability of such a Construction for they have sufficiently manifested in their Declaration that Self-Interest fondness of their former popular Government and aversion to the Government establish'd from England was the first and principal Motive to their Undertakings and their Progress doth plainly demonstrate that they have only made use of their Majesties Names the better to effect their own Designs whilst every thing that hath any relation to them lies neglected and unregarded without any Recognition of their Authority over those Dominions or the least acknowledgment of their submission to such Orders as should come from them saving what particularly related to some few ill Men as they call them whom they they have imprisoned and detained without any Law or Reason So that they have rashly and imprudently adventured their ALL upon a Chance not an equal one Whether it will be well or ill taken If well they can expect nothing more than what they would have had by fitting still and quiet unless it be a vast charge trouble and expence which they have inevitably brought upon themselves If ill What will be the event In the first place This Country which hath so much valued it self for the true Profession and pure Exercise of the Protestant Religion will be termed a Land full of Hypocrisie Rebellion Irriligion and what not and they themselves a degenerate wicked People Secondly In all their Pamphlets and Discourses they have so magnified their Action and boasted of the vast Numbers they can bring into the Field that it must be of great import to the Crown of England to curb them in time to reduce them to their former Obedience and no body will imagine it consistant with the Interest of the Crown any more to trust Government in the hands of a People so ready and so able upon all Occasions to Revolt and set up for themselves and the stronger they are the more need there will be to keep them under Thirdly And lastly They will really endure and undergo all those Miseries and Calamities which they fancied to themselves under the late Government and become the Scorn and By-word of all their Neighbours What then remains but that they should endeavour to settle themselves in such a posture as may at least mitigate if not wholly prevent the before-mentioned Inconveniencies If their Charter be restored it can neither justifie their past Actions nor maintain their former Laws or Constitution of Government but render them liable to be questioned and Quo Warranto'd for their Malefesance whensoever the Supreme Authority shall think it meet There is nothing therefore that can be safe or ca●●e for them and of greater Service and Benefit than that they put themselves in a submissive and humble posture sit and ready to receive their Majesties Commands and not value themselves too much upon their own Merits lest they become unworthy of their Majesties Grace and Favour without which think what you will they can never be safe and secure from the Severity of the Laws which they have indisputably violated in Matters of the highest Nature and Consequence imaginable I hope every good Man will seriously consider the foregoing Discourse and suffer himself to be guided by the Dictates of Reason and not of Humor and Prejudice and then I am well assured it will be evident enough that they have mistaken their Measures and that a due sence thereof and a timely recess will more advantage them than an obstinate and wilful perseverance and that nothing but such a Remedy can restore their almost-perishing and undone Country to a lasting Peace and happy Settlement for which shall ever be the hearty Prayers of Your humble Servant J. Palmer POSTSCRIPT I Was principall induced to direct the precedent Discourse to you Gentlemen for two Reasons First Because I am well assured you have had a great share in the late Revolution and secondly Because I would be rightly understood which I am sure I can never fail of by Persons of your Learning and Worth and I hope you will be so kind to me and so just to your Country to let me know in the most publick manner you can wherein I have mistaken the Matter either in point of Fact or Judgment But if I have been so fortunate to convince you that wrong Measures have been taken and that the People had no Reason for what they have done nor no Bottom for what they are yet doing let me tell you 't is your Duty not only to admonish them but to reduce them to such a temper as becomes pious Men and good Christians for which you will have the Praise and God the Glory From the Castle the Twentieth Day of June 1689. FINIS