The Fathers of New England: A Chronicle of the Puritan CommonwealthsAndrews, Charles McLean
History
The Fathers of New England: A Chronicle of the Puritan Commonwealths
Andrews, Charles McLean
New England -- History -- Colonial period, ca. 1600-1775
But when the commissioners took up the question of appeals and announced
their determination to sit as a court of justice, the issue was more
fairly joined. The magistrates quoted the text of the charter to show
that the colony had full power over all judicial affairs, while the
commissioners cited their instructions as a sufficient warrant for their
right to hear complaints against the colony. A deadlock ensued, but in
the end the colony triumphed. After spending a month in fruitless
negotiations, the commissioners gave up the struggle, preferring to
leave the conduct of Massachusetts to be passed upon by the Crown rather
than to prolong the controversy. For the time being, the Massachusetts
men had their own way; but they had raised a serious and dangerous
question, that of their allegiance and its obligations, for, as the
commissioners said, "The King did not grant away his soveraigntie over
you when he made you a corporation. When His Majestie gave you power to
make wholesome lawes and to administer justice, he parted not with his
right of judging whether those laws are wholsom, or whether justice was
administered accordingly or no. When His Majestie gave you authoritie
over such of his subjects as lived within the limits of your
jurisdiction, he made them not your subjects nor you their supream
authority." Had the magistrates been wiser men, less homebred and
provincial, and possessed of wider vision, they would have foreseen the
dangers that confronted them. But Bellingham and Leverett, the leading
representatives of the policy of no surrender, were not men gifted with
foresight, and they remained unmoved by the last threat of the
commissioners that it would be hazardous to deny the King's supremacy,
for "'tis possible that the charter which you so much idolize may be
forfeited."
Public-domain text, read in full here on John Shaqi.
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