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
agree to nothing that concerned the charter.
Before the agents arrived in the summer of 1682, the royal patience was
exhausted. Randolph's continued complaints that he was obstructed in
every way in the performance of his duties; the act of the colony in
setting up a naval office of its own; the revival of an old law imposing
the death penalty upon any one who should "attempt the alteration or
subversion of the frame of government"; the opinion of the
Attorney-General that the colony had done quite enough to warrant the
forfeiture of its charter; and the delay in sending the agents, which
seemed a further flouting of the royal commands--all these things
brought matters to a crisis. Therefore, when finally the Massachusetts
agents reached England, they found the situation hopeless. "It is a hard
service we are engaged in," they wrote; "we stand in need of help from
Heaven." Their want of powers provoked the Lords of Trade to say that
unless they were procured, the charter would be forfeited at once.
Randolph was called back in May, 1683, to aid in the legal proceedings
which were immediately set on foot. Other charters were falling: that of
the Bermuda Company was under attack; that of the City of London was
already forfeited; and those of other English boroughs were in danger.
On June 27, a writ of _quo warranto_ was issued out of the Court of
King's Bench against the colony. The agents, refusing to defend the
suit, returned to New England, and the writ was given to Randolph to
serve. He reached Boston in October, but owing to delays in the colony
and a tempestuous voyage back, he was unable to return it to England
within the allotted time. The first attempt failed, but another was soon
made. By the advice of the Attorney-General, suit was brought in the
Court of Chancery by writ of _scire facias_ against the company, and
upon the rendering of judgment for non-appearance the charter was
declared forfeited on October 23, 1684.
Public-domain text, read in full here on John Shaqi.
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