present the said prisoner or fugitive abideth shall forthwith graunt such a warrant as the case will beare for the apprehending' of any such person, and the delivery of him into the hands of the officer or other person that pursues him. And if there be help required for the safe returneing of any such offender, then it shalbe graunted to him that craves the same, he paying the charges thereof. IX. And for that the justest warrs may be of dangerous consequence, espectially to the smaler plantacons in these vnited Colonies, It is agreed that neither the Massachusetts, Plymouth, Connectacutt nor New Haven, nor any of the members of any of them shall at any tyme hereafter begin, undertake, or engage themselues or this Confederacon, or any part thereof in any warr whatsoever (sudden exegents with the necessary consequents thereof excepted, which are also to be moderated as much as the case will permit) without the consent and agreement of the forenamed eight Commissioners, or at least six of them, as in the sixt Article is provided: And that no charge be required of any of the Confederats in case of a defensiue warr till the said Commissioners haue mett and approued the justice of the warr, and have agreed vpon the sum of money to be levyed, which sum is then to be payd by the severall Confederates in proporcon according to the fourth Article. X. That in extraordinary occations when meetings are summoned by three Majistrats of any Jurisdiccon, or two as in the fift Article, If any of the Commissioners come not, due warneing being given or sent, It is agreed that foure of the Commissioners shall have power to direct a warr which cannot be delayed and to send for due proporcons of men out of eich Jurisdiccon, as well as six might doe if all mett; but not less than six shall determine the justice of the warr or allow the demaunde of bills of charges or cause any levies to be made for the same. XI. It is further agreed that if any of the Confederates shall hereafter break any of these present Articles, or be any other wayes injurious to any one of thother Jurisdiccons, such breach of Agreement, or injurie, shalbe duly considered and ordered by the Commissioners for thother Jurisdiccons, that both peace and this present Confederacon may be entirely preserued without violation. XII. Lastly, this perpetuall Confederacon and the several Articles and Agreements thereof being read and seriously considered, both by the Generall Court for the Massachusetts, and by the Commissioners for Plymouth, Connectacutt and New Haven, were fully allowed and confirmed by three of the forenamed Confederates, namely, the Massachusetts, Connectacutt and New-Haven, Onely the Commissioners for Plymouth, having no Commission to conclude, desired respite till they might advise with their Generall Court, wherevpon it was agreed and concluded by the said court of the Massachusetts, and the Commissioners for the other two Confederates, That if Plymouth Consent, then the whole treaty as it stands in these present articles is and shall continue firme and stable without alteracon: But if Plymouth come not in, yet the other three Confederates doe by these presents confirme the whole Confederacon and all the Articles thereof, onely, in September next, when the second meeting of the Commissioners is to be at Bostone, new consideracon may be taken for the sixt Article, which concernes number of Commissioners for meeting and concluding the affaires of this Confederacon to the satisfaccon of the court of Massachusetts, and the Commissioners for thother two Confederates, but the rest to stand vnquestioned. In testymony whereof, the Generall Court of the Massachusetts by their Secretary, and the Commissioners for Connectacutt and New-Haven haue subscribed these presente articles, this xixth of the third month, commonly called May, Anno Domini, 1643. At a metting of the Commissioners for the Confederacon, held at Boston, the Seaventh of September. It appeareing that the General Court of New Plymouth, and the severall Towneships thereof have read, considered and approoued these articles of Confederacon, as appeareth by Commission from their Generall Court beareing Date the xxixth of August, 1643, to Mr. Edward Winslowe and Mr. Will Collyer, to ratifye and confirme the same on their behalf, wee therefore, the Commissioners for the Mattachusetts, Conecktacutt and New Haven, doe also for our seuerall Gouernments, subscribe vnto them. John Winthrop, Governor of Massachusetts, Tho. Dudley, Theoph. Eaton, Geo. Fenwick, Edwa. Hopkins, Thomas Gregson. ESCAPE OF WHALLEY AND GOFFE. 341 CHAPTER XI. 1660-1689. NEW ENGLAND UNDER CHARLES II. AND JAMES II. Restoration of Charles II. to the throne - Course of the colonists regarding Whalley and Goffe - The Declaration of Rights Diversity of opinion as to the course to be pursued - Norton and Bradstreet sent to England - Consequence of the Restoration in England - Success of the Massachusetts commission Connecticut, Rhode Island and Plymouth submit to the authority of Charles II.- Winthrop secures a charter for Connecticut Clark secures a charter for Rhode Island - Provisions of the charter - Boundary between the two colonies agreed upon Massachusetts unwilling to submit to commissioners sent to receive submission-Various actions of the commissioners - Commissioners recalled - Their report - Progress of the colony-King Philip's War - Distress caused by the war-New Hampshire becomes a separate colonyMassachusetts buys claim to Maine - Randolph appointed collector of customs Colonists resist and send agents to England - Charter forfeited- Andros appointed governor - His attempt to force surrender of Connecticut charter The charter oak - James II. dethroned-William of Orange proclaimed king Massachusetts sends representatives to England. - Appendix to Chapter XI.-I. Charter of Connecticut. II. Charter of Rhode Island and Providence Plantations. The restoration in England, which led to the restoration of Charles II. to the throne, caused the New England colonists much anxiety.* The vessel which brought the news of the restoration to Boston in July, 1660, also brought two of the regicide judges, Edward Whalley and William Goffe, who had fled to New England to escape the royal vengeance. Both men were well received by Endicott, the governor, and through his connivance, and that of the colonists, they were able to live without the necessity of disguise or concealment.† When the news of the restoration had been confirmed by later arrivals, an apologetic address to the king was adopted by the General Court in which the colonists prayed that their civil and religious rights might be preserved, and in which they also made excuse for the capital punishment inflicted upon the Quakers, and other proceedings of a like nature.* The king answered promptly and favorably. In March, 1661, however, a royal order for the arrest of Whalley and Goffe was sent to the colony,t which was followed in May by a peremptory order to send them to England. But these men had retired to New Haven, and probably because the authorities did not intend to bring them to punishment they * Massachusetts Records, vol. iv., pt. i., pp. 450-454. † Ibid, vol. iv., pt. ii., were never apprehended.* In order to show their loyalty, however, the Massachusetts authorities condemned Eliot's Christian Commonwealth, which he had drawn up for the converted Indians, and had incautiously published in England. Eliot himself also recanted the anti-monarchical principles contained in his book.t It was evident, however, that a struggle was approaching, and the New England leaders felt that they must rely on their own energies. Their first measure was to draw up and publish a declaration of their rights, which were defined to be "the power to choose their own governor, deputy governor, magistrates, and representatives; to prescribe terms for the admission of additional freemen; to set up all sorts of officers, superior and inferior, with such powers and duties as they might appoint; to exercise, by their annuallyelected magistrates and deputies, all authority, legislative, executive, and judicial; to defend themselves by force of arms against every aggression; and to reject any and every in * Hutchinson, History of Massachusetts (1764-7); Styles, History of Three of the Judges of Charles I.; Noble, Lives of the Regicides; Massachusetts Historical Collections, series iv., vol. viii., pp. 122-225; Doyle, English Colonies in America, vol. iii., pp. 117-120; Fiske, Beginnings of New England, pp. 192-194; Bancroft, vol. i., pp. 346-347; Johnston, Connecticut, pp. 163-165; Trumbull, History of Connecticut, vol. i., p. 200 et seq. (1898 reprint). Doyle, vol. iii., p. 132; Palfrey, History of New England, vol. ii., pp. 21-28. terposition which they might judge prejudicial to the colony."* Charles was not formally proclaimed until more than a year had passed, but all demonstrations usual on such occasions were strictly forbidden, under the ingenious but rather queer pretence that rejoicing was contrary to the orders issued by the king himself. The enemies of the colonists in England were not the only ones fend themselves, as there were many against whom the colonists had to de active opponents of the ruling party at home. Those who favored liberal measures, such as Episcopalians, Baptists, and others, who had been excluded from sharing in the government, had largely increased, and now began to encourage a relaxation of the unjust restrictions against them. There was also a difference of opinion among the theocratic freemen. While the greater part of them adhered to their original principles, large numbers of them found these principles too rigorous, and a "half-way covenant" had been adopted, by which those who strictly conformed to the established worship, but without professing themselves regenerate elect, were admitted to the civil prerogatives of church membership. There was also a considerable body or * Palfrey, History of New England, vol. ii., pp. 28-29; Bancroft, vol. i., p. 367 et seq. For a general review of this declaration see Doyle, English Colonies in America, vol. iii., pp. 130136. UNSETTLED CONDITIONS IN ENGLAND; KING'S DEMANDS. who thought it wise not to risk the loss of everything by refusing to make reasonable concessions. But the majority firmly resolved to remain independent of English supremacy, whatever might be the issue. To avert, if possible, the necessity of recourse to armed resistance, the colonists sent over two confidential envoys, John Norton and Simon Bradstreet, to acquaint the English ministry with conditions in conditions in the colony, and at the same time to deprecate any endeavors to interfere, or if it came to the worst, to disclaim the authority of the ministry over the government of the colony.* The mission was by no means without hazard, under the circumstances, for when Norton and Bradstreet arrived in England, they found that various changes had taken place, which boded no good good for the New England England colonies.† The Restoration had been welcomed in England. Charles II. had promised every thing, but his promises were soon forgotten. A reaction had set in against those parties which had been concerned in the overturning of the monarchy, which condition of affairs tended to strengthen the prerogative of the king, and to abet the arbitrary proceedings of his advisers. The Church of England was again in the ascendant, the Act of Uniformity had been passed, and * Bancroft, vol. i., pp. 348–350. p. 31 et seq. + Hildreth, vol. i., pp. 451–452. 343 Presbyterians and Independents were compelled to submit. A number of regicides were arrested and executed without trial, and some were hung, drawn and quartered. Among those executed were Hugh Peters, fatherin-law of the younger Winthrop, and formerly minister of Salem; and Sir Henry Vane, the latter being probably the most illustrious victim who was conducted to the block.* He had always been a friend of New England, though he was opposed to the intolerance of the Massachusetts theocracy, and it was through his influence that a charter was obtained from the Long Parliament for Rhode Island. Because of the unsettled conditions in England, the Massachusetts commissioners were only partially successful in their object. The confirmation of the charter was given, as well as conditional amnesty for all recent offences; but the king, firmly insisting upon the maintenance of his prerogative, demanded the repeal of all laws derogatory to his authority, the imposition of an oath of allegiance, and the administration of justice in his own name. He required also complete tolerance for the Church of England, and the repeal of all laws granting the privilege of voting to church members alone, with the concession of the franchise to every inhabitant possessing a certain amount of property. On the other hand, the Bancroft, vol. i., pp. 348–350. king granted one of the requests of the Massachusetts council, in that he allowed them to punish the Quakers in any way they might deem just.* The authority of Charles II. had been acknowledged more promptly by Connecticutt and Rhode Island‡ than by Massachusetts. Plymouth also submitted in 1661, the General Court of that colony on June 5 passing a motion to that effect. New Haven did not acknowledge the king until August, and then only because they considered delay would be inexpedient. Connecticut and Rhode Island then sent representatives to England to secure charters. Their arrival was timely. Winthrop the younger, acting for Connecticut,|| and John Clarke for Rhode Island were the representatives sent by these colonies. Winthrop, being a man of high standing and well known as a scholar, easily secured influential friends at courts and it is said that he possessed a valuable ring, which had been given by Charles I. to his grandfather and which he presented to the king. This is said to have materially influenced the king in his favor, and on April 23, Doyle, English Colonies in America, vol. iii., pp. 136-138; Palfrey, History of New England, vol. ii., pp. 33-34; Hildreth, vol. i., p. 453; Bancroft, vol. i., pp. 370–371. Connecticut Records, vol. i., p. 582; Johnston, Connecticut, pp. 166–167. Rhode Island Records, vol. i., p. 432. || Connecticut Records, vol. i., pp. 346–347, 361, 368, 369, 579, 582. For the petition for charter privileges see Trumbull, History of Connecticut, vol. i., pp. 438439 (1898 reprint). 1662, he obtained the patent which granted the most ample privileges and confirmed all lands which had been previously granted to the Earl of Warwick, to the freemen of the Connecticut colony, and such as should be admitted freemen.* These lands had previously been transferred by the Earl of Warwick to Lord Saye and Sele and his associates. The form of government which was established by this charter over the colony was of the most popular kind, and continued as the fundamental law of Connecticut for a space of 156 years. A writer in the North American Review, says that, "although it was granted at a period of the world when the rights of the people were little understood and little regarded, and by a sovereign who governed England with a more arbitrary sway than any of his successors, the form of government established by this charter was of a more popular description, and placed all power within the more immediate reach of the people, than the constitution for which it has been deliberately exchanged, in these modern days of popular jealousy and republican freedom." The new charter included New Haven in the colony, but * The text will be found in Thorpe, Federal and State Constitutions, vol. i., pp. 529-536. See also Appendix I at the end of the present chapter. Johnston, Connecticut, pp. 168-173; Trumbull, History of Connecticut, vol. i., p. 205; Bancroft, vol. i., pp. 356-362; Hurlburt, Britain and Her Colonies, pp. 21-22; Osgood, American Colonies, vol. i., p. 326 et seq. |