New England -- History -- Colonial period, ca. 1600-1775
From time to time, crises in its affairs brought out official
declarations of its attitude. Owing to the exigencies of the Civil War
in England, Parliament had issued commissions to certain officers of the
merchant marine, authorizing them to make prizes of any vessels which
they might find in the royal service. In the summer of 1644, one of
these officers, a Captain Stagg, appeared in an armed ship in Boston
harbor, and there made prize of a Bristol ship, according to his orders.
A tumult was raised, and many of the magistrates and clergy, asserting
that “the people's liberties” had been violated, were in favor of
forcing the release of the seized vessel. A majority, however, decided
that the Parliament's commission must be recognized; for, if its
authority were denied in this, then the foundation of the colony's
patent also would be denied, and if they relied solely upon their Indian
purchases to give them title to the country, they would have to renounce
“England's protection, which were a great weakness in us, seing their
care hath been to strengthen our liberties and not overthrow them”; and,
also, if they should by opposing the Parliament “cause them to forsake
us, we could have no protection or countenance from any, but should lie
open as a prey to all men.” The way for resistance at any time, however,
was left open by declaring that, by the course of affairs in England,
the Parliament had taught that “_salus populi_ is _suprema lex_” and
that, in case that body should ever prove of a “malignant spirit,” “we
may make use of _salus populi_ to withstand any authority from thence to
our hurt.” During the discussion, some had maintained that by their
patent the colony was subject “to no other power but among ourselves”;
but that was denied.[764]
Footnote 764:
J. Winthrop, _History_, vol. II, p. 223 _f._
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