Note 216 — Chapter VII

Although a party was formed which opposed submission to the Charter, yet the majority of the Court wisely and thankfully accepted it, and appointed a day of solemn thanksgiving to Almighty God for "granting a safe arrival to His Excellency the Governor and the Rev. Mr. Increase Mather, who have industriously endeavoured the service of the people, and have brought over with them 'a settlement of government, in which their Majesties have graciously given us distinguishing marks of their Royal favour and goodness.'" (Hutchinson's History of Massachusetts Bay, Vol. I., p. 416.)

Judge Story remarks: "With a view to advance the growth of the province by encouraging new settlements, it was expressly provided 'that there should be liberty of conscience allowed in the worship of God to all Christians, except Papists;' and that all subjects inhabiting in the province, and their children born there, or on the seas going and returning, should have all the liberties and immunities of free and natural subjects, as if they were born within the realm of England. And in all cases an appeal was allowed from the judgments of any Courts of the province to the King in the Privy Council in England, where the matter of difference exceeded three hundred pounds sterling. And finally there was a reservation of the whole Admiralty jurisdiction to the Crown, and of the right to all subjects to fish on the coasts. Considering the spirit of the times, it must be acknowledged that, on the whole, the Charter contains a liberal grant of authority to the province and a reasonable reservation of royal prerogative. It was hailed with sincere satisfaction by the colony after the dangers which had so long a time menaced its liberties and peace." (Story's Commentaries on the Constitution of the United States, Vol. I., Book i., Chap. iv., p. 41.)