[The Loyalists of America and Their Times, Vol. 1 of 2 by Egerton Ryerson]@TWC D-Link bookThe Loyalists of America and Their Times, Vol. 1 of 2 PART IV 10/27
It was enacted "That none shall entertain a stranger who should arrive with intent to reside, or shall allow the use of any habitation, without liberty from the Standing Council."[68] The Charter having been transferred to Massachusetts, a new Council appointed to administer it there, and no notice having been taken of the Royal order for its production, the Commissioners might have advised the King to cancel the Charter forthwith and take into his own hands the government of the obstreperous colony; but instead of exercising such authority towards the colonists, as he was wont to do in less flagrant cases in England, he consented to come into Court and submit his own authority, as well as the acts of the resistant colonists, to judicial investigation and decision.
The Grand Council of Plymouth, from which the Massachusetts Company had first procured their territory, were called upon to answer by what authority and at whose instigation the Charter had been conveyed to New England.
They disclaimed any participation in or knowledge of the transaction, and forthwith surrendered their own patent to the King.
In doing so they referred to the acts of the new patentees at Massachusetts Bay, "whereby they did rend in pieces the foundation of the building, and so framed unto themselves both new laws and new conceits of matter of religion, forms of ecclesiastical and temporal orders of government, and punishing divers that would not approve them," etc.etc., and expressed their conviction of the necessity of his Majesty "taking the whole business into his own hands."[69] After this surrender of their Charter by the Grand Council of Plymouth (England), the Attorney-General Bankes brought a _quo warranto_ in the Court of King's Bench against the Governor, Deputy-Governor, and Council of the Corporation of the Massachusetts Bay, to compel the Company to answer to the complaints made against them for having violated the provisions of the patent.[70] The patentees residing in England disclaiming all responsibility for the acts complained of at Massachusetts (except Mr.Cradock), and no defence having been made of those acts, nor the authors of them appearing either personally or by counsel, they stood outlawed, and judgment was entered against the Company in the person of Mr.Cradock for the usurpation charged in the information. The Lords Commissioners, in pursuance of this decision of the Court of King's Bench, sent a peremptory order to the Governor of Massachusetts Bay, to transmit the Charter to England, intimating that, in case of "further neglect or contempt," "a strict course would be taken against them."[71] They were now brought face to face with the sovereign authority; the contempt of silence; nor did they think it prudent to renew military preparations of resistance, as they had done in 1634; their policy now was to "avoid and protract," by pleading exile, ignorance, innocence, begging pardon and pity, yet denying that they had done anything wrong, and insinuating that if their Charter should be cancelled, their allegiance would be forfeited and they would remove, with the greater part of the population, and set up a new government.
I have not met with this very curious address in any modern history of the United States--only glosses of it.
<<Back Index Next>> D-Link book Top TWC mobile books
|