Note 95 — Chapter IV

History of New England, Vol. II. p. 169. In another case mentioned by Mr. Palfrey, it is clear the public feeling was not with the local Government, which pretended to absolute independence of Parliament, and called the entrance of a parliamentary war vessel into its harbour, and action there, a "foreign encroachment." A Captain Stagg arrived at Boston from London, in a vessel carrying twenty-four guns, and found there a merchant vessel from Bristol (which city was then held for the King), which he seized. Governor Winthrop wrote to Captain Stagg "to know by what authority he had done it in our harbour." Stagg produced his commission from the Earl of Warwick to capture vessels from ports in the occupation of the King's party, as well in harbours and creeks as on the high seas. Winthrop ordered him to carry the paper to Salem, the place of the Governor's residence, there to be considered at a meeting of the magistrates. Of course the public feeling was with the Parliament and its officers; but it was not so heedless as to forget its jealousy of foreign encroachment from whatever quarter. "Some of the elders, the last Lord's Day, had in their sermons reproved this proceeding, and exhorted magistrates to maintain the people's liberties, which were, they said, violated by this act, and that a commission could not supersede a patent. And at this meeting some of the magistrates and some of the elders were of the same opinion, and that the captain should be forced to restore the ship." The decision, however, was different; and the reasons for declining to defy the Parliament, and allowing its officer to retain possession of his prize, are recorded. The following are passages of this significant manifesto: "This could be no precedent to bar us from opposing any commission or other foreign power that might indeed tend to our hurt or violate our liberty; for the Parliament had taught us that salus populi is suprema lex."[96] "If Parliament should hereafter be of a malignant spirit, then, if we have strength sufficient, we may make use of salus populi to withstand any authority from thence to our hurt." "If we who have so openly declared our affection to the cause of Parliament by our prayers, fastings, etc., should now oppose their authority, or do anything that would make such an appearance, it would be laid hold on by those in Virginia and the West Indies to confirm them in their rebellious course, and it would grieve all our godly friends in England, or any other of the Parliament's friends."—Palfrey's History of New England, Vol. II., pp. 161-163.

Note.—It is plain from these words, as well as from other words quoted elsewhere, how entirely and avowedly the Massachusetts Court identified themselves with the Parliament and Cromwell against the King, though they denied having done so in their addresses to Charles the Second.