History for ready reference, Volume 5, Tunnage to Zyp and SupplementLarned, J. N. (Josephus Nelson)
History
History for ready reference, Volume 5, Tunnage to Zyp and Supplement
Larned, J. N. (Josephus Nelson)
History -- Dictionaries
maintain her peculiar system, Massachusetts had to be on her
guard against all interference from outside. … The
Massachusetts charter was brought over to this country. A few
years later the Plymouth company was dissolved, and
representation of the colony in England, except by such agents
as she might send, ceased. The terms of the charter were very
liberal; but like all the others it was a royal grant, and
expressly stated that the inhabitants of the colony were to be
subjects of England and were to enjoy all the liberties and
immunities of such, as if they were in the realm of England.
The oaths of supremacy and allegiance were to be administered
to all who should go to the colony. The company was made a
'body corporate and politic' and was given ample powers of
government; but its laws, statutes, and ordinances were not to
be contrary to the laws of England. The admission of freemen
was left in the hands of the corporation. How did the Puritan
oligarchy make use of this charter for serving the purposes of
their government? In a word, they interpreted the expression
'body corporate and politic' to mean an independent state, and
virtually abandoned all legal connection with England except
an empty acknowledgment of allegiance. The oath of allegiance
was not administered, but instead an oath of fidelity to the
government of Massachusetts. An ecclesiastical system wholly
different from that of England was established. Only those
were admitted to political rights, made freemen, who were
members of a Congregational church. … The colony also
exercised full legislative and judicial powers, and denied the
right of appeal both practically and theoretically. The proof
of this is most direct and convincing. To illustrate: in 1646
the General Court refused to permit the appeal of Dr. Child
and others who, as Presbyterians, desired to lay before
Parliament the wrongs they suffered in Massachusetts. Not only
was the right denied, but the petitioners were prevented by
force from carrying their case to England. The same course was
pursued in reference to appeals in ordinary judicial cases.
During the discussion of the affair just mentioned it was
boldly affirmed in the General Court that subjects were bound
by English laws only so long as they lived in England; that
neither statutes nor royal ordinances were in force beyond the
seas. A little later than this both the magistrates and the
elders were called upon to give their views on the legal
relations between the colony and England. Both agreed that by
their charter they 'had absolute power of government'; that
their government was perfect and sufficient in all its parts,
not needing the help of any superior to make it complete. They
acknowledged that they had received the charter from England,
and 'depended upon that state for protection and immunities as
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