Samuel Nowell and John Richards were elected agents to England, but were restricted by instructions which forbade conceding anything from their original Charter pretensions, and therefore rendered their agency an insult to the Government and the King, and hastened the catastrophe which they so much dreaded, the cancelling of their Charter.
In the meantime, to appease the displeasure of the Crown, they passed several Acts which had the appearance of obedience to the Royal commands, but which they were careful not to carry into effect.[168] I will give two or three examples.
They enacted "that the Acts of Trade and Navigation should be forthwith proclaimed in the market-place of Boston by beat of drum, and that all clauses in said Acts relating to this Plantation should be strictly taken notice of and observed." This appears very plausible, and is so quoted by Dr.Palfrey; but he does not add that care was taken that it should not be carried into effect.

And to accomplish their purposes, and to assert the subordination of the Royal authority to their own local authority, "they constituted naval _officers_, one for Boston, the other for 'Salem and adjacent parts,' to be commissioned by the Governor, and to exercise powers of a nature to control the Collector appointed in England."[169] After nearly twenty years' delay and evasions, they enacted, in 1679, "that the Governor, Deputy Governor, and Magistrates should take the oath of allegiance 'without any reservation,' in the words sent them by his Majesty's orders; but instead of the 'reservation' in their form of oath in former Acts, they virtually neutralized the oath by an Act requiring a prior preliminary oath of fidelity to the local Government,[170] an Act which the Board of Colonial Plantations viewed as 'derogatory to his Majesty's honour, as well as defective in point of their own duty.'" They instructed their agents in England to represent that there was no colonial law "prohibiting any such as were of the persuasion of the Church of England." The design of this statement plainly was to impress upon the mind of the King's Government that there was no obstruction to the worship and ordinances of the Church of England, and that the elective franchise and privilege of worship were as open to Episcopalians as to Congregationalists--the reverse of fact.

After repeated letters from the King in favour of toleration as one of the conditions of continuing their Charter, notwithstanding their past violation of it, they _professed_ to comply with the royal injunctions, but their professed compliance amounted practically to nothing, as they had evidently intended.

The King's Commissioners had said to the Massachusetts Bay Court on this subject: "For the use of the Common Prayer Book: His Majesty doth not impose the use of the Common Prayer Book on any; but he understands that liberty of conscience comprehends every man's conscience, as well as any particular, and thinks that all his subjects should have equal right." To this the Massachusetts Court replied: "Concerning the use of the Common Prayer Book and ecclesiastical privileges, our humble addresses to his Majesty have fully declared our main ends, in our being voluntary exiles from our dear native country, which we had not chosen at so dear a rate, could we have seen the word of God warranting us to perform our devotions in that way; and to have the same set up here, we conceive it is apparent that it will disturb our peace in our present enjoyment."[171] But afterwards they found it dangerous longer to resist the King's commands, and professed to obey them by providing that those who were not Congregationalists might exercise the elective franchise, provided that, in addition to taking the oath of fidelity to the local Government, and paying a rate which was not paid by one in a hundred, _and obtaining a certificate from the Congregational minister as to their being blameless in words and orthodox in religion, they were then approved by the Court_.

The right of franchise was possessed by every member of any Congregational Church, whether he had property or not, or paid rate or not;[172] not so with any other inhabitant, unless he adduced proof that he had paid rate, produced a certificate of character and of orthodoxy in religion, signed by a Congregational minister, and was approved by the Court.