The PEOPLEs RIGHT TO ELECTION Or ALTERATION of GOVERMENT in Connecticutt, ARGUED In a LETTER;
By Gershom Bulkeley Esq one of their Majesties Justices of the peace In the County of Hartford.
Together with a Letter to the said Bulkeley, from a Friend of his in the BAY.
To which is added, The Writing delivered to Iames Russell of Charlestown. Esq warning him and others concerned, not to meet to Hold a Court at Cambridge, within the county of Middlesex.
By Thomas Greaves Esq Judge of their Majesties Inferior Court of Pleas and one of their Majesties Justices of the peace within the said County And also his ANSWER to Mr. Broadstreete and the Gentlemen mett at the Town-house in Boston concerning the same.
Published for the Informati0n & Satisfaction of their Majesties loyall (but [...]) Subjects in NEW ENGLAND.
Philadelphia, Printed by Assignes of William Bradford, Anno 1689.
TO the honourable Robert Treat Esq and to the Worshipfull James Bishop, William Jones & James Fitch, and other the Worshipful Iustices of the severall Coun [...] and any other whom it may concern, assembling at Hartford: To advise concerning Holding of a Court of Election by Virtue and according to the late Patent
I am at this time (by reason of bodily Infirmity) unable to wait upon you in a suitable manner, or to maintain discourse as this Occasion may require, or indeed to write much, yet (considering the Exigency of the case) I will do what I can, & apply my selfe to you as followeth.
[Page 2]And to prevent all prejudice against what I have to say, I shall premise th [...]s much, Viz. That tho' I was no free-man of the Colony, yet I never was, nor am an Enemy to our ancient Charter-priviledges, and could they now be regularly Recovered, I should rejoice in it, and if I knew any thing whereby to justify the present proceeding, I should not conceal it; but we must not do evill that good may come of it.
I am not at all ambitious of keeping my place, it is a Burthen and no Benefit to me; an orderly discharge will be very welcome, and the sooner the better; if I could absolve my self from my oath, it had not been to do now; so that I am under no Temptation on these accounts. Tis onely the Trust reposed in me, and my reall desire of the Common good which puts me on, very well knowing, that nothing but ill Will is like to be my reward.
Further, I am sensible of mine inability to wade in those great Affaires, and would not abound in my own sence, nor in any sort take upon nor go about to teach those of whom I had need to learne; yet, Plus v [...]dent oculi quam oculus. Many eyes see more than one: and a weak eye may chance to see that which a better over-looks. And I having with others, (tho much against my own Inclination) received his Majesties Commission as a Justice of the Peace for the County of Hartfora, and having at that time taken the Oaths of Supremacy and Obedience, as also that of a justice for keeping of the Law, the Conservation of the Peace, and the quiet and good Government of the people, it did concern me to Consider the Duty by these meanes so strongly bound upon me, and accordingly I have since that time done my poor endeavour to inform my self in the Laws, that I might discern between Right and Wrong for the good of the people.
Therefore, in sence of my duty to God, the King, your selves, and all his Majesties good people here (for I am debtor to you all, and am embarqued in the same Bottom with you; and do account it my Duty to seek the peace of the place where I live) therefore (I say) I shall not (and I think, I ought not) be wholly silent at this time but according to that little which I have learned and observed, I shall me destly, and yet freely & plainly, offer a few Considerations to you which respect the present Affaire, desireing you neither to accept nor reject what I say, because it comes from me, but according to its own merit; for the matter in hand seems to me to be of very great Weight, and I beseech you to consider and ponder it throughly before you engage in it, forasmuch as an Irregularity in this Proceeding, may be the beginning of great Calamity and Woe to this people.
[Page 3]The present Motion seems to me to be not only illegall, needless & unprofitable, but indeed very criminal dangerous and hurtful to us, and that upon these Considerations.
First, Before you can Regularly (or by Virtue of and according to your late Patent) hold a Court of Election, you must be first Restored to your former politick Capacity, whereby you were under the Name of His Majesties Governour and Company of the English Colony of Connecticott, Persons able & capable in the Law to plead and be impleaded and to Have, Take, Require and possesse Lands and other Hereditaments &c. of which, that Priviledge of Government was a principall one given by your Patent.
For I reason thus, If you do now assume the Government, and proceed to Election, you do it either in a private and personal Capacity, or in a publick and politik Capacity, I suppose you do not pretend to the First, for that is not to do it according to your patent, and besides it is criminall.
For Subjects in private Capacity to take upon them to set up & exercise Government as they see cause, is direct Rebellion & Treason. Therefore you must do it in a publick and politick Capacity, but this you cannot do till you are restored to such a Capacity, in which indeed you once were, but now are not: which I thus prove from the Patent it self.
Our late Soveraign King Charles the Second, did in the year 1662 by his Letters Patents for himself his Heires and Successours, Ordaine & Consti [...]ue the therein named Patentees, & the then present & future Freemen &c. One Body politick and Corporate in fact and Name, by the name of, His Governour and Company of the English Colony of Connecticut in New-England in America; and that by the same Name they and their Successours shall and may have perpetuall Succession, and shall & may be persons able & capable in the law to plead & be impleaded, to Answer & be Answered unto, to defend & be defended in all Suits, Causes, Quarrels, Matters, Actions and things of what kind and nature soever. And also to Have, Take, Possesse, Acquire and Purchase Lands, Tenements and Hereditaments &c. This is the expresse Letter of that Clause of the Patent, whereby you were constituted one body politick and Corporate, able and capable in the Law as aforesaid; and whereby also, you were by the name of Governour and Company to have perpetuall Succession, or to be perpetuated by annuall Election, at least, as the Patent afterwards shews, and upon this Clause do all the priviledges afterwards granted depend.
But now you are not such a Body politick and Corporate capable in Law as aforesaid, for you know, that by the late Transaction between his Majesty and his then Governour and Company of the late Colony of Connecticut, [Page 4] the Goverment is changed and taken into his Majesties hands, and the late Colony of Connecticut annexed to the Bay, the Governour and one of the Assistants made and sworn Councellours and Judges under this new Government, the late Deputy-Governour and the rest of the Assistants, made & sworn Justices in the severall Counties under the same new Government, and this a year and a half agone: How legall these proceedings were we need not now dispute; but this it is in fact: Hence there is no such thing in fact and name as the Governour and Company of the Colony of Connecticut. And hence the Corporation is dissolved and made incapable in the law to plead and be impleaded &c. or to have and take or possesse any Hereditaments; and consequently incapable to Take, Erect and Excercise Government. For neither the Governour alone, nor the Company alone is the Corporation, nor capable to plead or be impleaded as such, but the Governour and Company together. If they Claime or Take; they must Claime or Take together, if they Sue, they must Sue together, and if they be sued, they must be sued together and not apart. Besides, by the meanes aforesaid the Succession is interrupted and broken off, for by the same name of the Governour & Company of &c. you were to have perpetuall Succession, and that Succession to be perpetuated by annuall Election of the Governour, Deputy-Governour &c. which hath not been. Therefore in your present state you are not Successours of the former Corporation; and consequently cannot take the priviledges untill restored to your former politick Capacity: and (to add that) you cannot restore your selves to it, for that is inconsistent with your Subjection to the Supreame power.
By all this it doth appeare, That as there is no Governour, or Deputy-Governour to give Order for the Assembling of the Company, (without which their Assembling for such an end is unlawful) so there are no Freemen capable of choosing or of being chosen; for if there be not a Corporation capable, there cannot be capable Freemen of that Corporation: And if in this state you proceed to Election, there is no Freeholder or free Subject of England belonging to this Late Colony, but hath as good a Right, & is as capable of Choosing as any of you, because there is nothing to hinder it, and this the people see. Also there are now no Assistants enbaled by lawfull Authority (without which none may do it) to take the Oath of the Governour or Deputy-Governour when Chosen; all which things the Patent doth expresly require.
All this seems necessarily to follow from the very words of the Patent, and how it can be avoided I cannot see: but that I may not seem to vent [Page 5] my own Notions onely, I shall briefly give the words of Sir Edward Coke as sound a Lawyer and as great a friend to the English Subjects Libertyes as ever England knew, In the Case (saith he) of Mayor & Commonality (which is the same in effect as Governour and Company) Where there is no Mayor the Commonality cannot make claim; because they have neither ability nor Capacity to take or sue any Action. [ Coke upon Lit. pag. 263.] so that without a Governour or Deputy Governour you cannot so much as Claime the Government by Law, much lesse enter upon it. And therefore we see that in the Patent, the King doth not Constitute onely a number of Freemen, and make them immediately capable to take such and such priviledges, and give them power rudely to run together whensoever some factious spirits shall make a bustle, and so in a tumult to choose them a Governour & Magistrates; No, but he first creates them a Body politick consisting of Goverour and Company, and by that name makes them capable in Law to take the priviledges which he thereafter gives. And he himselfe nominates and appoints the first Governour or Deputy Governour for the time being, to give order for the Assembling of the Company upon all occasions (whether for Election or otherwise) and in such orderly manner gives them leave to assemble as often as need requireth.
Secondly, (Which doth also confirm the former) Before you can hold a Court of Election according to the Patent, you must have a General Court or Assembly constituted according to the Patent: the reason is, because the Patent doth ordaine, that the Governour, Deputy-Governour, and Assistants &c. be annually chosen, not without, but in the said Generall Court: concerning this matter the King, In his Patent, ordains three things.
1. That every Second Thursday in May and October (or oftner if need be) there shall be a Generall Assembly. 2. That this Generall Court or Assembly, consist of the Governour or Deputy-Governour, and at least six of the Assistants, and of the Freemen or their Deputyes. 3. That at least once in every year (Viz.) or the second Thursday in May, the Governour Deputy Governour & Assistants of the said Company and other Officers &c. shall be in the said Generall Court and Assembly to be held from that day or time newly chosen for the yeare ensueing &c. Thus saith the Patent expresly: But you have now no Governour, Deputy Governour, nor Assistants, therefore can have no such Generall Court or Assembly; therefore can hold no Court of Election by virtue of or according to your Patent. Examine the Patent and see &c.
From these two Considerations it appears, that if you do proceed to Election in your present state, you will but deceive your selves and trouble [Page 6] the Country to no purpose: all that you will do, will be void in Law: the Government you think to set up will be but an imaginary Government, a shadow without a substance, Magistrates without Authority, for you can give them none, neither does the Patent give them any. A Government that cannot determine the Present Government, nor vacate the Commissions that have been given out from the King, and are still in force, nor-exercise any Authority to effect: for their Authority may justly (yea, ought to) be denied by every one, and they cannot enforce it, without Lawlesse Usurpation & Tyrannie. 2. You will but trouble your selves, for you will be immediately liable to a Quo-Warranto, and can give no account by what Authority you do these arbitrary things.
Thirdly, The Government is now in the Kings hands, (and here, that no person may cavill, the word King may be understood indefinitely for the King his Heires & Successours, for the Heir or Successour is King, when the Time of Succession is come. But I say, The Government is now in the Kings hands, and it will be wisdome to proceed in a regular way, if you desire to recover it. For in regard of the dignity of his person, the King has by Law a Prerogative above the Subject for the keeping of what he hath. Hence, a man may not enter upon the King as he may upon his Fellow subject; much losse may he enter-upon the King by Force. I do not now enter upon that Question, How far those that are by and under the King entrusted with publick Power and Office, for the defence of the Lawes and the Libertyes of the Subject, may, in case, use force for that end; and the people under them at their Call and Command; This is another Question, and not our case, and those that desire satisfaction. may consult those that have written weightily upon that Subject. It is one thing to defend the Lawes and Liberties of the Subject. This some think some may do, and this defends the Government: But it is another thing to subvert & change & take possession of the Government it self, this none may do. And tho' some may say, But the Government is illegally taken into the Kings hand, and it is one of our great Liberties: I shall say something to that by and by.
Therefore to let that Question passe untoucht. I said that the Subject may not enter upon the King with force: now you cannot enter upon the King in point of Government, but it is with force, for all power of Government implies force antecedent, for the setting of it up, and concomitant for the Support and Defence of it, and partly because you cannot do it in this way of Election without Multitude, which is Force in the judgment of the Law, aswell as Manus armatae, or Force of Armes, so that if you do it, it must necessarily be done with force; now to enter upon the [Page 7] King in point of Government with Force, what is it but to invade the Crown? And Kings do account their Heads & Crownes to be very neare each to other; and that he that attempts against the one, attempts against the other.
This Affaire therefore doth touch the Crowne, and nearly concerne your Allegiance, and is worthy to be well considered, for it is of dangerous consequence; 'tis dangerous to those that shall Choose, and be Chosen, and Accept; dangerous to all that shall any waies contrive, counsell, abett or conceale, (tho here is hardly room for Concealing, ( A Citty set on a Hill cannot be hid, and these things cannot be done in a Corner) 'tis dangerous to your selves and Posterity, yea dangerous to us all, and doth require more skill in Law and state affaires than is very common among us, to make the way plain to a safe proceeding in it; for I cannot find that the Law doth use any softer Language concerning such Actions, than that of Tumults, Insurrection, rebellious Riots, Sedition, Rebellion, Treason, &c.
Gentlemen, I hope you will be carefull to keep at a due distance from such things which are wont to be Bitternesse in the end. 'Tis an easy matter to run too farr; And the work is wont to be made of such things when they come to Tryall.
Fourthly, You may here consider that the Government was not taken into the Kings hand without your own Submission, and some sort (at least) of Consent; whence possibly there was not so much Illegality in that proceeding as some do imagine. I was not personally acquainted with those Transactions, and therefore cannot undertake much in this; but this I suppose will not be denied, that if parties be at Law (whether King and subject, or subject and subject) and instead of standing a Tryal, they agree upon Conditions, and the Conditions are performed, and so the Action be let fall, this is not illegall: and if afterwards either party be sensible of inconveniency, will it be fair and honest for him to say it was illegall, & thereupon breake his Agreement? The Inhabitant of the Holy Hill swears to his own hurt, and changeth not. You were at Law with the King, and its like you thought it would be a great Charge to maintaine the Action, and it might go against you at last, & you should be annexed to Yorke; and hereupon you submit to the Kings Wisdome and pleasure, begging that you may be annexed to the Bay; the King performs this condition, and lets fall his Action, Demands the Government, and you yield it up to him; if now you finde it prejudiciall, you must lay your hand upon your mouth, and not take it again by force. We must not think to leave and take when we please.
Fifthly, None are allowed by the Law to be Judges in their own Case, [Page 8] no not the King himself: But if you proceed in this manner, you take upon you, in your own case to judge the King, to condemn and take possession, which in reason will never be borne, for Princes are as tender of their Prerogative as Subjects can be of their Liberties.
But to abate the Force of these Considerations, some say, We heare there is no King, Regall Power is Extinct, &c. I answer, tis no pleasant Objection or Subject to speak to, but yet the Necessity of the present time seems to require a word or two to prevent these unwise and unwary speeches which do not become Subjects. Therefore I say first, That Rumours are but a sandy foundation to ground such assertions, or to change & build Government upon, we have yet nothing of Record concerning the King. 2. This doth not help our case at all, for if it were indeed so, that the Sceptre were departed, you have then nothing to do with the Patent; Tis onely the King's Governour and Company that hath interest in the Patent, and the King grants it onely for Himselfe, his Heires and Successours, if there be none of these, your Patent and Estate in it are expired without any more to do. But, 3 ly. The King is a Royall Body politick which hath Succession whereby the Crown passeth not onely to heires by Blood, but to Successours also; in which respect it is said, That in Judgement of Law, The KING never dyes. There is therefore allwaies a King.
But others say, What shall we do? there is no Government; the Governour who is the Head of it is imprisoned, and hath Surrendred his Government. I answer, It is a very great Errour and proceeds from ignorance to think that there is no Government, & it containes so many inconveniencies & mischiefs in it, as, it is not safe to mention them so long as there is any supream power, there must needs be a Government. 2. The Governour is not the Head of the Government but the King. And the Government is not his propperly and originally but the King's. The Governour is but a Minister of the King in the Government, which Ministry it is said he hath surrendred to be secured and be disposed of by Orders that shall be received from the Crown of England. It will not become us to prevent these Orders and dispose of the Government otherwise our selves; but to acknowledge our Subjection to that Crown, as our Neighbours would do well to do. 3. The Commissions of the Judges and Justices of the severall Counties (the Execution whereof is no small part of Government) are granted by the Governour) (its true) but not from the Governour▪ but from the King, & are derived from the Crowne; it is not from an inferiour but from a Supreame power, and they do still continue in force, notwithstanding the inmprisonment or Surrender of the Governour; for they are matters of [Page 9] Record under the great Scale of the Dominion, & cannot be countermanded without matter of Record of as high a nature. You may take one instance from Charles the first his time, He was indeed the head of the Government; but yet notwithstanding the great Breach and long Warrs between him and his Parliament, and his long imprisonment after that, both together) from 42. to the end of 48. there was still a Government, and it was his Government, and exercised by the Kings Commissions as long as he lived, for they were not changed nor superseded till a year after his death, as the Histories of those times shew. So that notwithstanding all the Rumours we have had from abroad, and the Overtures at home, there is a Government still, to which we ought to submit; and that for Conscience sake. Let us not have cause to say, that there are none that will be governed.
Sixthly. I may desire you to consider those honoured Gentlemen who had the Rule over you under the former Government, and are now also in place under this Government, who I believe would hardly have accepted any Commission under the present Government, but for this end, that you might not be so much Ruled by strangers as otherwise you might have been, and to prevent the miseries that might follow thereupon: I am sure that this was one principall Argument that they used with me, when they saw me so averse as I was to Accept, and I think the end has been so far attained, as that you ought with Thankfullness to acknowledge, that by this meanes you have escaped the greatest part of those grievances which others complain of, and not now (you think you have the staffe in your hand) to ride over their Consciences who are under Oath (from which neither they nor you can absolve them) to execute their Commissions, and to tread them down as mire in the streets: The measure that you mete may be measured to you again. Tis a golden Rule, That which you would that others should do to you, do you the same to them; & do not recompence evil for good.
Some I know reflect hard upon them for giving up the former Government; much like those that reflect upon old father Adam; but I will so far apologize for them, as to desire you to reflect upon your selves, for have you already forgotten that you (I mean the people) were divided in your opinions; many grudged at the charge of that Affaire, whence it was hard (if possible) for them seasonably to raise mony to maintaine the suite. (I my self know who were then as hot against the raising of money for that Purpose (and cry'd out it was illegall) as now hot for the Patent, and ready to cry out upon the losse of that as illegall; but I will not prejudice any man.) Others were so affraid of being annexed to Yorke, that they thought [Page 10] it the best way to submit without more a doe, so that they might be annexed to the Bay Surely you cannot forget these things, by which (comeing from the people by their Deputyes) it is reasonable to think that the Generall Assembly was moved to make that Submission to the King, and in all Reason it was much better so, than for want of money, to have had a Judgement given against us upon a Nihil-Dicit, or Contempt, and it is possible, that if those who reflect so hard upon them had been under the same Circumstances, they would have done the same thing or worse. Therefore methinks they might be a little considered, and not made the scorn of the people.
Seventhly, Consider your Profession, we are all Protestants, I hope there is not a Papist in our Limits, I know not any: and we professe to believe (rejecting humane Traditions) That the word of God is the onely and sufficient Rule of Faith and Manners. And do we not there finde that Sure word of Prophesie, to which we may do well to take heed, as to a light that shines in a Dark place, which doth direct and counscil us, To fear the Lord and the King, and not to meddle with those that are given to change, To Keep the Kings Commandment, and that in regard of the Oath of God, To Give unto Caesar the things that are Caesar's, and to God the things that are God's, To Study to be quiet, and to be subject to Principalities and powers (because they are of God) and to obey Magistrates, To submit our selves to every ordinance of man for the Lord's sake, whether it be to the King as supreame, or unto Governours as unto those that are sent by him for the punishment of evil doers and the praise of them that do well, for so is the will of God, that with well doing, we may put to silence the ignorance of foolish men, &c. and, Not to despise Government, nor to speake evill of Dignityes? These are found Doctrines, and will well consist with the protestant Religion (else we had reason to be ashamed of it) and it were to be wished, That these among us who are the salt of the earth & Light of the world would season the people by putting them in mind (as Paul commands Titus) of those great Duties so necessary for these perilous days, wherein men are (as was prophecied they would be) so apt to be Traiters, heady & high minded, and to despise Government. Therefore before we proceed in this Affaire, consider what our Religion will gain by it, an Ornament or a Blott, and whether we shall not give Occasion to adversaries (that seek occasion) to blaspheme the name & speake evill of the waies of God amongst us.
Eightly, Consider the time and state of affaires in the Christian world. If any thing be true of that which comes to us it seems, it is a time wherein there is a strong engagement to root out the Protestant Religion. [Page 11] Europe is upon this account in flames, the Ax is laid to our own Root, if it be so, it is a time wherein we had need to strengthen the things that are weake, to join heart and hand together against French and Pagan Force and Cruelty, and to unite heaven and Earth if possible, for the preservation of ourselves and posterity, and for the Defence of the cause of God and his Truth with us; surely this is no time to fall to Faction and parties, to tread down the Government that is lest, (too weak already.) to disturb and obstruct the Course of Justice, To confound the Militia, that no man shall know whome to Command nor whome to Obey, and to promote private interests, and therefore set every man's hand against his Brother, unlesse we designe to ruine all. I wish there be not some Jesuit that has foisted in this Project amongst them in the Bay and us here, as the most probale way to ruin us at this time; for it is the old trade of that Diabolical sort of men by their plausible crafty Counsells, to make protestants destroy themselves, by stirring up, and somenting divisions among them; and promoteing any thing which tends thereto, the which, how naturally & necessarily they will slow from this proceeding is easy to shew: but it is better to be silent than by speaking to shew men the way which they are too ready to run into
Ninethly. More might be said, but the last Consideration that I shall offer (and which I think may satisfy any reasonable man) is, That it is known the Countrey is in daily Expectation of Orders from the Crowne of England, for the Settleing and Regulating of the Government, those Orders will either contradict or overthrow your Election, or else countenance and Encourage it:
If they overthrow it, to what end is it to hold a Court, (if we could hold a Court) to make Election, to change and turn things up-side down, and hereby put the Countrey (which is poor enough allready) to unnessary Charge, and know not how to defray it when we have done, and to run the hazzard of displeasure from the supreame power abroad, and of making Division and Mischief at home, and all for an imaginary Government, which may possibly last for a week or a moneth. Sapiens incipit a Fine.
If the Orders that shall come do countenance and encourage to an Election, they will be such as will enable us to it, and so we shall preserve a good Aspect abroad, and Unity and Peace at home; what need then of such Haste? These things cannot be spoken against. And the Town-Clerke of Ephesus could say, that these things being so, you ought to be quiet & do nothing rashly. [Page 12] But some say, We shall loose our day if we do not proceed now. I Answer, There is nothing in that, for if you have sufficient Warrant from the Crowne of England, to enable you to the thing, you will be enabled as to a Day, and Persons, and what else is needfull which now you are not, as before was said.
But say others, If we have an Election before these Orders come, we shall be in a Capacity to capitulate, and so obtain the better termes, &c. I answer this is a great mistake, It will be a mighty Disadvantage; for it will be a wonderfull thing if you be not look'd upon and dealt with as Criminalls.
Again, Whome do you mean to Capitulate with? Surely it will be good manners for us to Aske, and not to Command; to Follow our Leaders and not to go before them.
But some think, These are small matters that will be over-look'd, and easily pardoned, we need not stand upon such nicetyes.
But I Answer how small they are will be best seen afterwards, and it is better not to need a pardon, than to presume upon getting one.
From all these Considerations I conclude, that our strength is to sit still, and therefore do advise
That instead of moving towards an Election, the Judges and Justices in the severall Counties, considering their Commissions which they have received and the Oathes which they have taken, for the faithfull Execution of them, and Remembring that the Judgement is not man's but God's who is with them in the Judgement, they take Courage and do it; and in Order thereto Unanimously Declare, that they will Maintain and Exercise the Government (in their Degree) according to their Commissions, in Conformity to the Lawes which are the Rules of their Commissions, & the true and propper Bulwarks of the Subject's just Libertyes, being carefull to do nothing contrary thereto, to the best of their understanding: & that the good People here do willingly & cheerfully submit & yield obedience to the severall Officers in their Respective places, as their Duty is, untill such time as sufficient Warrant shall come from the Crown of England for other Orders. And in the meane time, we all with one consent Lift up our hearts with our hands to God in the Heavens for a happy Composure of these Commotions in England and those other Kingdomes, for the Restitution, Security and propagation of the Gospell, true Religion and Worship of God, and for the preserving and establishing of the peace and liberty of his people there and here, and else where throughout the world to the glory of God.
[Page 13]This Course is regular, innocent, offensive to none, and most safe for our selves and ours: but if the people will not be advised, I very much fear that the Issue will not be like a Tree of Life, or the desire satisfied, Use truly I should not at this time have given you or my selfe this trouble.
The Opinion, and Resolution of the other Justices I know not, but for my part, I am plaine, and I must declare & protest against an Election at the present, as that which is justly offensive to the supreame Power, in whose hands soever it is, or shall be, and pernicious to our selves; and if the people should willfully proceed to it, it will remaine for the Justices to consider whether the Law and their Oathes don't require them to make a Record of it, and Certifie it into the Chancery, &c. But I hope there will none enforce to such things, and I pray that you may all Act under the Influence of the God of peace and order. And in Testimony that this is my Opinion and Advice, I have hereunto set my hand, on the eighth day of May 1689.
—Pacem te poscimus omnes.
Peace is the Tranquillity of Order, therefore Order is the onely right Way to Peace.
A Letter to Gershom Bulkeley Esq (one of their Majesties Iustices of the Peace in the County of Hartford,) from a friend in the Bay
I Have seen your Letter-referring to the Government of Connecticut Colony Directed unto Col' Treate and other Gentlemen there, and being very well acquainted with the papers and passages you refer to and the Truth of them severally: I earnestly expected the Answer, [...] extreamely necessary for the Vindication of the assumed Government in your parts, if at least they mean to continue their Allegiance and Dependance upon the Crowne of England, or to hold their Majesties Subjects in those parts in Obedience to them. But for that I heare nothing in their Defence, I must be allowed to guesse, that either those Gentlemen have Orders [Page 14] from their Majesties unknowne to any, thus to advance themselves, or that they mean to cast off their Dependance & Obedience to the Crown of England: The first of these is dishonourable to suppose, the latter will end in the utter Ruin of the English interest here, and leave us a prey to all Nations, when the wild beast shall passe by and tread down the Thiste.
But whatsoever be the Opinion or Resentment of your Gentlemen, I will assure you Sir the good people here (that are so far quitt of the fright and hurry of the late and present confusion in these parts) with that the men of Sechem had hearkened unto Iotham, that God might have hearkened unto them; and fear lest the proceeding here as well as with you, being plainly represented at home, should alarm a just and wise Prince, to take some severe method to keep the people of these Colonies in a more strict Obedience to the Crowne of England than will agree with our present licentious & ungovern'd frame; there being amongst us men not of the least interest that daily say, they will not be shuffled out of their Allegiance.
When it shall be seen and understood that the Noise of a French PLOT, and a Maqua's PLOT, A Plot to BURN the TOWN of BOSTON and to MASSACRE the PEOPLE, neither have nor ever had the least shadow of truth, but a pure Malicious Invention onley, to perswade the Common-people into an ill Opinion of those appointed to rule & Govern them, and whom in Duty & Conscience they ought to obey, and being in that manner amused were pushed and hurried into such a Rising and Convulsion of the Government, without ever considering the effect:
And when it shall be told (as now too truly it may) that the Effect of these changes, are the totall Subversion of their Majesties Government, the [...]osse of the Garrison at Pemaquid, the Country of Conawall, the Province of A [...]ain and other parts, Severall hundreds of their Majesties subjects, the Fishery and Lumber trade, the Running away of many of our people, who turn Pirates and do their Countrymen and neighbours the same Mischiefs that the Algorines do upon the Coasts of the Christians, whilst their Majesties Ship of Worre is dismantled and made uselesse, the most injust, long, & cruell Confinement and imprisonment of the Governour, (who was both capable and active on all occasions for the publick good and safety of the Countrey) severall of the Councill, and other persons imploy'd in publick Office in the Government, (an Act, for which the American world can shew no Example or Parallel) and the Committing of the greatest Routs and Riots, even on the Sabbath day, and many other inconveniencies that daily grow upon us: surely all sober and thinking men cannot but see the Folly and Errour of these things, and wish that day had never been, which [Page 15] hath occasion'd so great mischiefs and miseryes, of which we all see the Beginning, but none can tell the end.
I have alwaies considered the Ministry of this Countrey as that which the people came into this Wilderness to see, and I hope it shall never be a Reed shaken with the wind, and their present influence in all parts of the Countrey to move the people to bethink themselves of their Causelesse & unaccountable Prejudices, Wrath and Rage, their ungodly deeds, and hard Speeches one against another; and to dispose them to their Dutyes and Obedience to their Majesties Government as established and appointed over them from the Crown of England, and that they would prove themselves to be Children that will not lye, that God may become their Saviour; is humbly offered as a great part of their Province.
I am ignorant whether from any in these parts you have been written unto since your letter was made publick here, but I am sure your Reasons will be found true, agreeable to Religion and Law, and what you have said against an Election, is as true against an Assumption; and what is true of the Avoidance of the Charter of Connecticut, is much more true of that of the Massachusetts; and how a dependant part of the English Nation can legally come at Government, at least the coercive part of it, without a Grant from the Crowne, being not to be found in the ordinary Readings of the Law; may be enquired for at Delphos.
We often say, that every man has a pope in his belly, but I hope nobody pretends to have a King there, whatever Soveraignty men take to themselves of opinions in Religion, the Government expects by private persons to be treated with more Distance & Difference, and will certainly be obeyed.
Sr. I have known you long a true Lover of your Countrey, of Integrity and service in your place & station, and account your Plainness to your Countrymen in this great Affaire as the best Service you could offer them, and am deeply sorry if any other opinion be taken thereof amongst the people, however I perceive you have what you expected, and the Rewards of Vertue and publique Service are not soon nor easily gotten.
That all these things may have a happy Composure, and their Majesties Subjects in this their Dominion a due & true sence of their Duty & Allegiance (which can onely make these Plantations happy & flourish) I am very sure is your desire as well as of (Sir) your Friend & Servant &c.
The Writeing delivered to James Russell of Charlestowne Esq by Thomas Greaves Esq Iudge of their Majesties inferiour Court of Pleas, and one of their Majesties Iustices of the Peace within the County of Middlesex.
T0 Iames Russell of Charlestowne Esq to be communicated to any others that are in like manner with your self concerned herein
Forasmuch as I am credibly informed, that your self with some other pretended Magistrates do intend on the first Tuesday in October next, to meet together at Cambridge to keep a pretended Court of Iudicature, not having any lawful authority from our Soveraigne Lord and Lady King William & Queen Mary enableing you so to do, I therefore considering the obligation lyeing upon me, by the Commission of the Peace for this County of Middlesex, as also by a Commission to be Iudge of the inferiour Court of Pleas in said County, both from the Crowne of England; neither of which (altho I have by the late Tumults (not yet stilled) been hindred from executing the power therein to me committed) is yet legally vacated, or superseded: I can do no lesse to shew my Loyalty to the Crowne of England than to signify unto you, that any such Meeting can be look'd upon no otherwise than as contrary to the peace of our Soveraigne Lord & Lady King William & Queen Mary their Crowne & Dignity: and therefore I must on their Majesties behalfe warne you, that you presume not to assemble at Cambridge or any other place within this County, for any such unlawfull purpose aforesaid; but that you do at all times bear good Faith & Allegiance to their sacred Majesties, as you will answer the contrary at your perill.
Dated in Charlestowne this 21st day of September in the first yeare of the Reigne of our Soveraign Lord & Lady King William & Queen Mary, Anno (que) Dom 1689.
The Answer of Thomas Greaves Esq to Mr. Broadstreete & the Gentlemen met at the Town-house in Boston concerning the aforesaid Writing.
Mr. Thomas Greaves being summoned to make his appearance at Boston; on the 24 of Septemb. 1689. at which time Mr. Broadstreete produced a paper which was shewed Mr. Greaves, demanding if he knew it, (who answered he did) it was proposed for a reading, but Mr. Greaves made answer, they need not give themselves that trouble, for he fully knew the contents, & owned it to be his act; but it was read; after Reading Mr. Broadstreete made a speech to Mr. Greaves, in fine saying he would say no more till Mr. Greaves made answer: which he had ready prepared in Writing as followeth, Viz.
As to the paper delivered to Mr. Iames Russell I judge I did but my duty in it, and therefore cannot in conscience recede from it, & I shall be ready to answer King William & Queen Mary whensoever they or any authorized from them shall call me to account for the same. I am sworne to the Crown of England & youreselves have proclaimed King William & Queen Mary to be the rightfull Soveraigns of the Realmes & Territories belonging thereunto, & therefore I cannot own any lawfull authority in any until I be legally informed that they have Commission from their Sacred Majestyes.