LITMIR.BIZ

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crown, and a manifestation of their opinion in favour of the incorporation; after a long course of negotiation which terminated in a compact establishing certain principles of equality required by the jealousy of New Haven; the union was completed, and the representatives of the two colonies met in the same assembly.

During the frequent changes which took place in England after the death of Cromwell, Massachusetts preserved a cautious neutrality; and seemed disposed to avail herself of any favourable occurrences, without exposing herself to the resentments of that party which might ultimately obtain the ascendancy. Although expressly ordered, she did not proclaim Richard as lord-protector; nor did she take any step to recognise the authority of Parliament. The first intelligence of the restoration of Charles was received with the hesitation of men who are unwilling to believe a fact too well supported by evidence to be discredited; and when they were informed of it in a manner not to be questioned, they neither proclaimed the King, nor manifested, by any public act, their admission of his authority. This was not the only testimony of their dissatisfaction. Whaley and Goff, two of the judges of Charles I., came passengers in the vessel which brought this intelligence, and were received with distinction by the government, and with affection by the people.[89]

      In a session of the general court, held in October, 1660, an address to the King was moved; but reports of the yet unsettled state of the kingdom being received, the motion did not prevail. They had seen so many changes in the course of a few months, as to think it not improbable that an address to the King might find the executive power in the hands of a committee of safety, or council of state. This uncertain state of things was not of long continuance. In November, a ship arrived from Bristol, bringing positive advices of the joyful and universal submission of the nation to the King, with letters from their agent, and from others, informing them that petitions had been presented against the colony, by those who thought themselves aggrieved by its proceedings. The time for deliberation was passed. A general court was convened, and a loyal address to the King was voted, in which, with considerable ability, though in the peculiar language of the day, they justified their whole conduct; and, without abandoning any opinion concerning their own rights, professed unlimited attachment to their sovereign. A similar address was made to Parliament; and letters were written to those noblemen who were the known friends of the colony, soliciting their interposition in its behalf. A gracious answer being returned by the King, a day of thanksgiving was appointed to acknowledge their gratitude to Heaven for inclining the heart of his majesty favourably to receive and answer their address.

      Their apprehensions, however, of danger from the revolution in England still continued. Reports prevailed that their commercial intercourse with Virginia and the islands was to be interdicted; and that a governor-general might be expected whose authority should extend over all the colonies. On this occasion, the general court came to several resolutions, respecting the rights of the people, and the obedience due from them, which are strongly expressive of their deliberate opinions on these interesting subjects.

      It was resolved,

      That the patent (under God) is the first and main foundation of the civil polity of the colony.

      That the governor and company are, by the patent, a body politic, invested with the power to make freemen.

      That the freemen have authority to choose annually a governor, deputy governor, assistants, representatives, and all other officers.

      That the government thus constituted hath full power, both legislative and executive, for the government of all the people, whether inhabitants or strangers, without appeals; save only in the case of laws repugnant to those of England.

That the government is privileged by all means, even by force of arms, to defend itself both by land and sea, against all who should attempt injury to the plantation or its inhabitants, and that in their opinion, any imposition prejudicial to the country, contrary to any just law of theirs, (not repugnant to the laws of England) would be an infringement of their rights.[90]

These strong and characteristic resolutions were accompanied by a recognition of the duties to which they were bound by their allegiance. These were declared to consist, in upholding that colony as belonging of right to his majesty, and not to subject it to any foreign prince; in preserving his person and dominions; and in settling the peace and prosperity of the King and nation, by punishing crimes, and by propagating the Gospel.[91]

      It was, at the same time, determined that the royal warrant, which had been received sometime before, for apprehending Whaley and Goff, ought to be faithfully executed. These persons however were permitted to escape to Connecticut, where they were received with every demonstration of regard, and to remain during life in New England, only taking care not to appear in public.

      At length, in August 1661, it was determined to proclaim the King; but, as if unable to conceal the reluctance with which this step was taken, an order was made, on the same day, prohibiting all disorderly behaviour on the occasion, and, in particular, directing that no man should presume to drink his majesty's health, "which," adds the order, "he hath in a special manner forbid."

      Farther intelligence being received from England of the increasing complaints against the government of Massachusetts, agents were deputed with instructions to represent the colonists as loyal and obedient subjects, to remove any ill impressions that had been made against them, and to learn the disposition of his majesty toward them; but to do nothing which might prejudice their charter.

The agents, who engaged reluctantly in a service from which they rightly augured to themselves censure rather than approbation, were received more favourably than had been expected. They soon returned with a letter from the King, confirming their charter, and containing a pardon for all treasons committed during the late troubles, with the exception of those only who were attainted by act of Parliament. But the royal missive also required that the general court should review its ordinances, and repeal such of them as were repugnant to the authority of the crown; that the oath of allegiance should be taken by every person; that justice should be administered in the King's name; that all who desired it, should be permitted to use the book of common prayer, and to perform their devotions according to the ceremonials of the church of England; and that freeholders of competent estates, not vicious, should be allowed to vote in the election of officers, though they were of different persuasions in church government.[92]

      These requisitions gave much disquiet; and that alone seems ever to have been complied with which directed judicial proceedings to be carried on in the name of the King. The agents on their return were ill received by the people; and were considered as having sacrificed the interests of their country, because, with the agreeable, were mingled some bitter though unavoidable ingredients.

      During these transactions, the Parliament of England proceeded to complete its system of confining the trade of the colonies to the mother country. It was enacted that no commodity of the growth or manufacture of Europe, shall be imported into the settlements of England, in Asia, Africa, or America, but such as shall be shipped in England, and proceed directly in English bottoms, navigated by Englishmen. Salt for the fisheries, wine from Madeira and the Azores; and servants, horses, and victuals, from Scotland and Ireland, were excepted from this general rule.

      To counterbalance these restrictions, duties were imposed on salted and dried fish caught or imported by other vessels than those belonging to subjects of the crown; and additional regulations were made for enforcing the prohibition of the culture of tobacco in England.

These commercial restrictions were the never failing source of discontent and controversy between the mother country and her colonies. Even in those of the south, where similar restraints had been enforced by Cromwell, they were executed imperfectly; but, in New England, where the governors were elected by the people, they appear to have been, for some time, entirely disregarded.[93]

      Discontents

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