Note (in a note) — Chapter IV

[88] Mr. Bancroft, referring to the petition of Dr. Child and others, quoted on page 94, says: "The document was written in the spirit of wanton insult;" then refers to the case of Gorton, who had appealed to the Earl of Warwick and the other Parliamentary Commissioners against a judicial decision of the Massachusetts Bay Court in regard to land claimed by him. From Mr. Bancroft's statement, it appears that the claim of Gorton, friendless as he was, was so just as to commend itself to the favourable judgment of an impartial and competent tribunal of the Parliamentary Commissioners, whose authority his oppressors expressly denied, and then, in their address to Parliament in reference to its order, denied any authority of Parliament over their proceedings. Mr. Bancroft's words are as follows:

"Gorton had carried his complaints to the Mother Country; and, though unaided by personal influence or by powerful friends, had succeeded in all his wishes. At this very juncture an order respecting his claims arrived in Boston; and was couched in terms which involved an assertion of the right of Parliament to reverse the decisions and control the Government of Massachusetts. The danger was imminent; it struck at the very life and foundation of the rising Commonwealth. Had the Long Parliament succeeded in revoking the patent of Massachusetts, the Stuarts, on their restoration, would have found not one chartered government in the colonies; and the tenor of American history would have been changed. The people[89] rallied with great unanimity in support of their magistrates.

"At length the General Court assembled for the discussion of the usurpations of Parliament and the dangers from domestic treachery. The elders [ministers] did not fail to attend in the gloomy season. One faithless deputy was desired to withdraw; and then, with closed doors, that the consultation might remain in the breast of the Court, the nature of the relation with England was made the subject of debate. After much deliberation it was agreed that Massachusetts owed the same allegiance to England as the free Hanse Towns had rendered to the Empire; as Normandy, when its dukes were kings in England, had paid to the monarchs of France. It was also resolved not to accept a new Charter from Parliament, for that would imply a surrender of the old. Besides, Parliament granted none but by way of ordinance, and always made for itself an express preservation of a supreme power in all things. The elders (ministers), after a day's consultation, confirmed the decisions.

"The colony proceeded to exercise the independence which it claimed. The General Court replied to the petition in a State paper, written with great moderation; and the disturbers of the public security were summoned into its presence. Robert Child and his companions appealed to the Commissioners in England. The appeal was not admitted." "To the Parliament of England the Legislature remonstrated with the noblest frankness against any assertion of permanent authority of that body."—Hist. U.S., Vol. I., pp. 475-477.