Massachusetts -- Church history; Massachusetts -- History -- Colonial period, ca. 1600-1775; Puritans -- Massachusetts
Great pressure must have been brought by some who had suffered, for
Samuel Maverick, the Episcopalian, who had been fined and imprisoned
in 1646 for petitioning with Childe, was made a member. Colonel Richard
Nichols, the head of the board, was a man of ability and judgment;
the choice of Sir Robert Carr and Colonel George Cartwright was less
judicious.
The commissioners were given a public and private set of instructions,
[Footnote: Public Instructions, Hutch. _Hist._ i. 459.] and both were
admirable. They were to examine the condition of the country and its
laws, and, if possible, to make some arrangement by which the crown
might have a negative at least upon the choice of the governor; they
were to urge the reforms already demanded by the king, especially
a larger toleration, for “they doe in truth deny that liberty of
conscience to each other, which is equally provided for and granted to
every one of them by their charter.” [Footnote: Private Instructions
_O’Callaghan Documents_, iii. 58.] They were directed to be conciliatory
toward the people, and under no circumstances to meddle with public
worship, nor were they to press for any sudden enforcement of the
revenue acts. On one point alone they were to insist: they were
instructed to sit to hear appeals in causes in which the parties alleged
they had been wronged by colonial decisions.
Unquestionably the chancellor was right in principle. The only way
whereby such powerful corporations as the trade-guilds or the East India
Company could be kept from acts of oppression was through the appellate
jurisdiction, by which means their enactments could be brought before
the courts, and those annulled which in the opinion of the judges
transcended the charters. The Company of Massachusetts Bay was a
corporation having jurisdiction over many thousand English subjects,
only a minority of whom were freemen and voters. So long, therefore,
as she remained within the empire, the crown was bound to see that
the privileges of the English Constitution were not denied within her
territory. Yet, though this is true, it is equally certain that the
erection of a commission of appeal without an act of Parliament
was irregular. The stretch of prerogative, nevertheless, cannot be
considered oppressive when it is remembered that Massachusetts was a
corporation which had escaped from the realm to avoid judicial process,
and which refused to appear and plead; hence Lord Clarendon had but
this alternative: he could send judges to sit upon the spot, or he could
proceed against the charter in London. The course he chose may have been
illegal, but it was the milder of the two.
Public-domain text, read in full here on John Shaqi.
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