The Fathers of New England: A Chronicle of the Puritan Commonwealths

Randolph landed at Boston on June 10, and remained in the colony until the end of July, about six weeks altogether. He visited Plymouth, New Hampshire, and Maine, interviewed men in authority and all sorts of other people, and he came to the conclusion that the majority of the inhabitants were discontented with the Boston régime. The magistrates ignored his presence as much as they dared, refusing to recognize him as anything but an enemy representing the Mason and Gorges claims, and insisting that though the King might enlarge their privileges he could not abridge them. Randolph, thoroughly nettled, returned to England prepared to do his worst. He sent several reports to the King and constantly appeared before the Privy Council and the Lords of Trade, each time doing all the damage that he could. He had undoubtedly got much of his information from prejudiced sources or from hearsay, and he was as eager to retail it as had been the Massachusetts authorities to blast the moral character of the King's commissioners. He denounced the "old faction" as cunning, deceptive, overbearing, and disloyal; he called the clergy proud, ignorant, imperious, and inclined to sedition; and he denounced those in authority as "inconsiderable mechanicks, packed by the prevailing party of the factious ministry, with a fellow-feeling both in the command and the profits." His picture of the colony, containing much that was near the truth, was at the same time distorted, out of proportion, and in parts almost a caricature. His most effective reports were those which laid stress upon the failure of the colony to obey the navigation acts and the royal commands, and upon its use of the word "Commonwealth," as if the corporation were already an independent state. These reports were accepted by the English authorities as correct statements of fact, for they seemed to be confirmed by the evidence of London merchants and by at least one West Indian governor, who knew the colony and had no personal interests at stake.

In October, 1676, Massachusetts sent over two of its leading men, William Stoughton, a magistrate, and Peter Bulkeley, speaker of the House of Representatives, to ward off, if possible, the attack on the colony, but with characteristic short-sightedness gave them no authority to discuss officially anything but the Mason and Gorges claims. For more than two years these men, representative rather of the moderate party than of the "old faction" in the colony, remained in England, frequently appearing before the Lords of Trade, where they were subjected to a searching examination at the hands of a not very sympathetic body of men. The meetings in the Council Chamber in Whitehall, where the committee sat, were occasions full of interest and excitement. At one of them, on April 8, 1677, Stoughton, Bulkeley, Randolph, Mason, and Sir Edmund Andros, Governor of New York for the Duke, were all present, and the agents must have found the situation awkward and embarrassing. The committee expressed its resentment at the colony's habit of disobedience and evasion, and showed no inclination to adopt a moderate policy, advocating, on the contrary, investigation "from the whole root." The position of a Massachusetts agent in England during these trying years was most undesirable, and so many difficulties and discouragements did Stoughton and Bulkeley encounter that several times they asked for permission to return home and once, at least, had to go to the country for their health. But whatever were the troubles of an agent in England, they were trifling as compared with those which confronted him at home when he failed, as he almost invariably did fail, to obtain all that the colony expected. Cotton Mather tells us that Norton died in 1663 of melancholy and chagrin, and that for forty years there was not one agent but met "with some very froward entertainment among his countrymen." No wonder it was always difficult to find men who were willing to go.

At first the Lords of Trade favored the sending of a supplemental charter and the extending of a pardon to the colony; but as the evidence against Massachusetts accumulated, they began to consider the revision of the laws, the appointment of a collector of customs and a royal governor, and even the annulment of the charter itself. In short, they determined to bring Massachusetts "under a more palpable declaration of obedience to his Majesty." The general court of the colony, although it had said that "any breach in the wall would endanger the whole," was at last frightened by the news from England and passed an order in October, 1677, that the laws of trade must be strictly observed, and later magistrates and deputies alike took the oath of allegiance prescribed by the Crown, promising to drop the word "Commonwealth" for the future. The members of the assembly wrote an amazing letter, pietistic and cringing, in which they prostrated themselves before the King, asked to be numbered among his "poore yet humble and loyal subjects," and begged for a renewal of all their privileges. At best such a letter could have done little in England to increase respect for the colony, but any good results expected from it were completely destroyed by the serious blunder which the colony made at this time in purchasing from the Gorges claimants the title to the province of Maine, which with New Hampshire had recently been declared by the chief justices of the King's Bench and Common Pleas to lie outside of the jurisdiction of Massachusetts. This attempt to obtain, without the royal consent, a territory which the legal advisers of the Crown had decided Massachusetts could not have, only strengthened the determination of the authorities in England to bring the colony into the King's hand by the appointment of a royal governor. For the moment, however, the uprising of Bacon in Virginia and the Popish Plot in England so distracted the Government that it was obliged to slight or to postpone much of its business. It did succeed in settling the perplexing question of New Hampshire, for, having obtained from Mason a renunciation of all his claims to the Government, though leaving him with full title to the soil, it organized that territory as a colony under the control of the Crown.

With these matters out of the way or less exigent, the Lords of Trade returned to the affairs of New England. They wished, before proceeding to extremes, to give Massachusetts another chance to be heard; so, in dismissing the agents in the autumn of 1679, they instructed the colony to send over within six months others fully prepared "to answer the misdemeanors imputed against them." They also decided to send Randolph back as collector and surveyor of customs, with letters to all the New England colonies, ordering them to enforce the acts of trade, and another to Massachusetts requiring that she provide a minister for those in Boston who wished an Anglican church. Randolph, who left for New England for the second time, in December, 1679, has the distinction of being the first royal official appointed for any of the northern colonies. Almost his first task was to settle the province of New Hampshire under royal authority, with a government consisting of a president, a council, and an assembly. Thus British control in New England was making progress, and the worst fears of the "old faction" in Massachusetts were being realized.

It is difficult to understand the attitude of Massachusetts. Her leaders probably thought that with the settlement of the Mason and Gorges claims the most serious source of trouble with England was disposed of. They believed, honestly enough, though the wish was father to the thought, that the colony lay beyond the reach of Parliament and that the laws of England were bounded by the four seas and did not reach America. Hence they deemed the navigation acts an invasion of their liberties and could not bring themselves to obey them. As to England's new colonial policy, it is doubtful if they grasped it at all, or would have acknowledged it as applicable to themselves, even if they had understood it. The experiences and reports of their agents in England seem to have taught them nothing and served only to confirm their belief that a Stuart was a tyrant and that all English authorities were natural enemies. They had labored and suffered in the vineyard of the Lord and they wished to be let alone to enjoy their dearly won privileges. Randolph wrote, soon after his arrival in New England, that the colony was acting "as high as ever," and that "it was in every one's mouth that they are not subject to the laws of England nor were such laws in force until confirmed by their authority." The colony neglected to send the agents demanded, alleging expense, the dangers of the sea, the difficulty of finding any one to accept the post, and their belief that King and council were "taken up with matters of greater importance," until finally in September, 1680, the King wrote an exceedingly sharp letter, calling the excuses "insufficient pretences," and commanding that agents be sent within three months. Strange to say the colony even then allowed a year to elapse before complying, and again instructed those whom they sent to 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.

Though the colony was given no opportunity to defend the suit, the charter was legally vacated according to the forms of English law. The colony was but a corporation, its charter but a corporation charter, and in only one respect did it differ from other corporations, namely, its residence in America. The methods of vacating corporate charters in England were definite and in this case were strictly followed. Had Massachusetts been a corporation in fact as well as in law, it is doubtful if the question of illegality would ever have been raised; but as this particular corporation was a Puritan commonwealth, the issue was so vital to its continuance as to lead to the charge of unjust and illegal oppression. On moral grounds a defence of the colony is always possible, though it is difficult to uphold the Massachusetts system. It was certainly neither popular nor democratic, tolerant nor progressive, and in any case it must eventually have undergone transformation from within. The city of Boston was increasing in wealth and importance, and trade was bringing it into ever closer contact with the outside world. There were growing up in the colony more open-minded and progressive men who were opposing the dominance of the country party, which found its last governor in Leverett, its chief advocates among the clergy, and its strength in the House of Representatives, and which wished to preserve things as they always had been. The leaders of this conservative party, Danforth, Nowell, Cooke, and others, struggled courageously against all concessions, but they were bound to be beaten in the end.

That the conservative members of the colony were thoroughly in earnest and thoroughly convinced of the absolute righteousness of their position, admits of no doubt. No man could speak of the loss of the charter as a breach in the "Hedge which kept us from the Wild Beasts of the Field," as did Cotton Mather, without expressing a fear of a Stuart, of an Anglican, and of a Papist that was as real as the terrors of witchcraft. To the orthodox Puritans, the preservation of their religious doctrines and government and the maintenance of their moral and social standards were a duty to God, and to admit change was a sin against the divine command. But such an unyielding system could not last; in fact, it was already giving way. Though conjecture is difficult, it seems likely that the English interference delayed rather than hastened the natural growth and transformation of the colony, because it united moderates and irreconcilables against a common enemy – the authority of the Crown.

CHAPTER X

THE ANDROS RÉGIME IN NEW ENGLAND

Without a charter Massachusetts stood bereft of her privileges and at the mercy of the royal will. She was now a royal colony, immediately under the control of the Crown and likely to receive a royal governor and a royal administration, as had other royal colonies. But the actual form that reconstruction took in New England was peculiar and rendered the conditions there unlike those in any other royal colony in America. The territory was enlarged by including New Hampshire, which was already in the King's hands, Plymouth, which was at the King's mercy because it had no charter, Maine, and the Narragansett country. Eventually there were added Connecticut, Rhode Island, New York, and the Jerseys – eight colonies in all, a veritable British dominion beyond the seas. For its Governor, Colonel Percy Kirke, recently returned from Tangier, was considered, but Randolph, whose advice was asked, knowing that a man like Kirke, "short-tempered, rough-spoken, and dissolute," would not succeed, urged that his name be withdrawn. It was agreed that the Governor should have a council, and at first the Lords of Trade recommended a popular assembly, whenever the Governor saw fit; but in this important particular they were overborne by the Crown. After debate in a cabinet council, it was determined "not to subject the Governor and council to convoke general assemblies of the people, for the purpose of laying on taxes and regulating other matters of importance." This unfortunate decision was a characteristic Stuart blunder for which the Duke of York (afterwards James II), Lord Jeffreys (not yet Lord Chancellor), and other ministers were responsible. Kirke, Jeffreys, and the Duke of York may well have seemed to Cotton Mather "Wild Beasts of the Field," dangerous to be entrusted with the shaping of the affairs of a Puritan commonwealth.

The death of Charles II in February, 1685, postponed action in England, and in Massachusetts the government went on as usual, the elections taking place and deputies meeting, though with manifest half-heartedness. Randolph was able to prevent the sending of Kirke, and finally succeeded in persuading the authorities that it would be a good plan to set up a temporary government, while they were making up their minds whom to appoint as a permanent governor-general of the new dominion. He obtained a commission as President for Joseph Dudley, son of the former Governor, an ambitious man, with little sympathy for the old faction and friendly to the idea of broadening the life of the colony by fostering closer relations with England. Randolph himself received an appointment as register and secretary of the colony, and for once in his life seemed riding to fortune on the high tide of prosperity. In 1685, he obtained nearly £500 for his services and for his losses up to that date; and when the following January he started on his fifth voyage to New England, he bore with him not only the judgment against the charter, the commission to Dudley as President, and two writs of quo warranto against Connecticut and Rhode Island, but also a sheaf of offices for himself – secretary, postmaster, collector of customs. He was later to become deputy-auditor and surveyor of the woods. With him went also the Reverend Robert Ratcliffe, rector of the first Anglican church set up in Boston. Just a week after the arrival of Randolph and Ratcliffe in Boston, the old assembly met for the last time, and on May 21, 1686, voted its adjournment with the pious hope, destined to be unfulfilled, that it would meet again the following October. The Massachusetts leaders seem almost to have believed in a miraculous intervention of Providence to thwart the purposes of their enemy.

The preliminary government lasted but six months and altered the life of the people but little. For "Governor and Company" was substituted "President and Council," a more modish name, as some one said, but not necessarily one that savored of despotism. But however conciliatory Dudley might wish to be, his acceptance of a royal commission rankled in the minds of his countrymen; and his ability, his friendly policy, his desire to leave things pretty much as they had been, counted for nothing because of his compact with the enemy. In the opinion of the old guard, he had forsaken his birthright and had turned traitor to the land of his origin. Time has modified this judgment and has shown that, however unlovely Dudley was in personal character and however lacking he was at all times in self-control, he was an able administrator, of a type common enough in other colonies, particularly in the next century, serving both colony and mother country alike and linking the two in a common bond. Under him and his council Massachusetts suffered no hardships. He confirmed all existing arrangements regarding land, taxes, and town organization, and, knowing Massachusetts and the temper of her people as well as he did, he took pains to write to the King that it would be helpful to all concerned if the Government could have a representative assembly. To grant the people a share in government would, he believed, appease discontent on one side and help to fill an empty treasury on the other; but nothing came of his suggestion.

Throughout New England as a whole, the daily routine of life was pursued without regard to the particular form of government established in Boston. In Massachusetts the election of deputies stopped, but in other respects the town meetings carried on their usual business. In other colonies no changes whatever took place. Men tilled the soil, went to church, gathered in town meetings, and ordered their ordinary affairs as they had done for half a century. The seaports felt the change more than did the inland towns, for the enforcement of the navigation acts interfered somewhat with the old channels of trade and led to the introduction of a court of vice-admiralty which Dudley held for the first time in July to try ships engaged in illicit trade. Over the forts and the royal offices fluttered a new flag, bearing a St. George's cross on a white field, with the initials J. R. and a crown embroidered in gold in the center of the cross, that same cross which Endecott had cut from the flag half a century before. To many the new flag was the symbol of anti-Christ, and Cotton Mather judged it a sin to have the cross restored; but others felt with Sewall, the diarist, who said of the fall of the old government: "The foundations being destroyed, what can the righteous do?"

Perhaps the greatest innovation – in any case, the novelty that aroused the largest amount of curiosity and excitement – was the service according to the Book of Common Prayer, held at first in the library room of the Town House, and afterwards by arrangement in the South Church, and conducted by the Reverend Robert Ratcliffe in a surplice, before a congregation composed not only of professed Anglicans but also of many men of Boston who had never before seen the Church of England form of worship. The Anglican rector, by his somewhat unfortunate habit of running over the time allowance and keeping the waiting Congregationalists from entering their own church for the enjoyment of their own form of worship, caused almost as much discontent as did the dancing-master of whom the ministers had complained the year before, who set his appointments on Lecture days and declared that by one play he could teach more divinity than Mr. Willard or the Old Testament. Other "provoking evils" show that not all the breaches in the walls were due to outside attacks. A list of twelve such evils was drawn up in 1675, and the crimes which were condemned, and which were said to be committed chiefly by the younger sort, included immodest wearing of the hair by men, strange new fashions of dress, want of reverence at worship, profane cursing, tippling, breaking the Sabbath, idleness, overcharges by the merchants, and the "loose and sinful habit of riding from town to town, men and women together, under pretence of going to lectures, but really to drink and revel in taverns." The law forbidding the keeping of Christmas Day had to be repealed in 1681. Mrs. Randolph, when attending Mr. Willard's preaching at the South Church, was observed "to make a curtsey" at the name of Jesus "even in prayer time"; and the colony was threatened with "gynecandrical or that which is commonly called Mixt or Promiscuous Dancing," and with marriage according to the form of the Established Church. The old order was changing, but not without producing friction and bitterness of spirit. The orthodox brethren stigmatized Ratcliffe as "Baal's priest," and the ministers from their pulpits denounced the Anglican prayers as "leeks, garlick, and trash." The upholders of the covenant were convinced that already "the Wild Beasts of the Field" were assailing the colony.

Randolph journeyed on horseback twice to Rhode Island, and once to Connecticut, serving his writs upon those colonies. Rhode Island agreed willingly enough to surrender her charter without a suit, but the authorities of Connecticut, knowing that the time for the return of the writ had expired, gave no answer, debating among themselves whether it would not be better, if they had to give in, to join New York rather than Massachusetts. Randolph attributed their hesitation to their dislike of Dudley, for whom he had begun to entertain an intense aversion. He charged Dudley with connivance against himself, interference with his work, appropriation of his fees, and too great friendliness toward the old faction in Boston. Before the provisional government had come to an end, he was writing home that Dudley was a "false president," conducting affairs in his private interest, a lukewarm supporter of the Anglican church, a backslider from his Majesty's service, turning "windmill-like to every gale." Such was Dudley's fate in an era of transition – hated by the old faction as an appointee of the Stuarts and by Randolph as a weak servant of the Crown. Writing in November, Randolph longed for the coming of the real governor, who would put a check upon the country party and bring to an end the time-serving and trimming of a president whom he deemed no better than a Puritan governor.

The new Governor-General, who entered Boston harbor in the Kingfisher on December 19, 1686, was Sir Edmund Andros, a few years before the Duke of York's Governor for the propriety of New York. Andros at this time was forty-nine years old; he was a soldier by training and a man of considerable experience in positions requiring executive ability. His career had been an honorable one, and no charges involving his honesty, loyalty, or personal conduct had ever been entered against him. When he was in New York, he had been brought on several occasions into contact with the Massachusetts leaders, and though their relations had never been sympathetic, they had not been unfriendly. While in England from 1681 to 1686, he had been freely consulted regarding the best method of dealing with the problems in America and had shown himself in full accord with that policy of the Lords of Trade which attempted to consolidate the northern colonies into a single government for the execution of the acts of trade and defense against the encroachments of the French and Indians. He was probably fully aware of the difficulties that confronted the new experiment, but as a soldier he was ready to obey orders. His natural disposition and military training rendered him impatient of obstacles, and his unfamiliarity with any form of popular government – for New York had been controlled by a governor and council only – made extremely uncertain his success in New England, where affairs had been managed by the easy-going, dilatory method of debate and discussion. As a disciplinarian, he could not appreciate the New Englander's fondness for disputation and argument; as a soldier, he was certain to obey to the full the letter of his instructions; and, as an Anglican, he was likely to favor the church and churchmen of his choice. He was not a diplomat, nor was he gifted with the silver tongue of oratory or the spirit of compromise. He came to New England to execute a definite plan, and he was given no discretion as to the form of government he was to set up. He and his advisory council were to make the laws, levy taxes, exercise justice, and command the militia. He was not allowed to call a popular assembly or to recognize in any way the highly prized institutions of the colony.