“Mr. Hubbard of Hingham came with the rest, but the court being informed that he had an hand in a petition, which Mr. Vassall carried into England against the country in general, the governour propounded, that if any elder present had any such hand, &c., he would withdraw himself.” Mr. Hubbert sitting still a good space, one of the deputies stated that he was suspected, whereupon he rose and said he knew nothing of such a petition.
Then Winthrop replied that he “must needs deliver his mind about him,” and though he had no proof about the petition, “yet in regard he had so much opposed authority and offered such contempt to it, ... he thought he would (in discretion) withdraw himself, &c., whereupon he went out.” [Footnote: Winthrop, ii. 278.]
The ministers who remained then proceeded to define the relations of Massachusetts toward England, and the position they assumed was very simple.
“I. We depend upon the state of England for protection and immunities of Englishmen.... II. We conceive ... we have granted by patent such full and ample power ... of making all laws and rules of our obedience, and of a full and final determination of all cases in the administration of justice, that no appeals or other ways of interrupting our proceedings do lie against us.” [Footnote: Winthrop, ii. 282.]
In other words, they were to enjoy the privileges and safeguards of British subjects without yielding obedience to British law.
Under popular governments the remedy for discontent is free discussion; under despotisms it is repression. In Massachusetts energetic steps were promptly taken to punish the ring-leaders in what the court now declared to be a conspiracy. The petitioners were summoned, and on being questioned refused to answer until some charge was made. A hot altercation followed, which ended in the defendants tendering an appeal, which was refused; and they were committed for trial. [Footnote: Winthrop, ii. 285.] A species of indictment was then prepared in which they were charged with publishing seditious libels against the Church of Christ and the civil government. The gravamen of the offence was the attempt to persuade the people “that the liberties and privileges in our charter belong to all freeborn Englishmen inhabitants here, whereas they are granted only to such as the governour and company shall think fit to receive into that fellowship.” [Footnote: Idem.] The appeal was held criminal because a denial of the jurisdiction of the government. The trial resembled Wheelwright’s. Like him the defendants refused to make submission, but persisted “obstinately and proudly in their evil practice;” that is to say, they maintained the right of petition and the legality of their course. They were therefore fined: Childe £50; Smith £40; Maverick, because he had not yet appealed, £10; and the others £30 each; three magistrates dissented.
Childe at once began hasty preparations to sail. To prevent him Winthrop called the assistants together, without, however, giving the dissenting magistrates notice, and arranged to have him arrested and searched.
One striking characteristic of the theocracy was its love for inflicting mental suffering upon its victims. The same malicious vindictiveness which sent Morton to sea in sight of his blazing home, and which imprisoned Anne Hutchinson in the house of her bitterest enemy, now suggested a scheme for making Childe endure the pangs of disappointment, by allowing him to embark, and then seizing him as the ship was setting sail. And though the plan miscarried, and the arrest had to be made the night before, yet even as it was the prisoner took his confinement very “grievously, but he could not help it.” [Footnote: Winthrop, ii. 294.]
Nothing criminating was found in his possession, but in Dand’s study, which was ransacked, copies of two petitions were discovered, with a number of queries relating to certain legal aspects of the charter, and intended to be submitted to the Commissioners for the Plantations at London.
These petitions were substantially those already presented, except that, by way of preamble, the story of the trial was told; and how the ministers “did revile them, &c., as far as the wit or malice of man could, and that they meddled in civil affaires beyond their calling, and were masters rather than ministers, and ofttimes judges, and that they had stirred up the magistrates against them, and that a day of humiliation was appointed, wherein they were to pray against them.” [Footnote: Winthrop, ii. 293.]