Substantially the same proposals were made subsequently in Rhode Island and Connecticut. They were accepted without a murmur. A few appeal cases were heard, and the work was done.
The commissioners reported their entire satisfaction to the government, the colonies sent loyal addresses, and Charles returned affectionate answers.
Massachusetts alone remained to be dealt with, but her temper was in striking contrast to that of the rest of New England. The reason is obvious. Nowhere else was there a fusion of church and state. The people had, therefore, no oppressive statutes to uphold, nor anything to conceal. Provided the liberty of English subjects was secured to them they were content to obey the English Constitution. On the other hand, Massachusetts was a theocracy, the power of whose priesthood rested on enactments contrary to British institutions, and which, therefore, would have been annulled upon appeal. Hence the clerical party were wild with fear and rage, and nerved themselves to desperate resistance.
“But alasse, sir, the commission impowering those commisioners to heare and determine all cases whatever, ... should it take place, what would become of our civill government which hath binn, under God, the heade of that libertie for our consciences for which the first adventurers ... bore all ... discouragements that encountered them ... in this wildernes.” Rather than submit, they protested they had “sooner leave our place and all our pleasant outward injoyments.” [Footnote: Court to Boyle. Hutch. Coll., Prince Soc. ed. ii. 113.]
Under such conditions a direct issue was soon reached. The General Court, in answer to the commissioners’ proposals, maintained that the observance of their charter was inconsistent with appeals; that they had already provided an oath of allegiance; that they had conformed to his majesty’s requirements in regard to the franchise; and lastly, in relation to toleration, there was no equivocation. “Concerning the vse of the Common Prayer Booke”... we had not become “voluntary exiles from our deare native country, ... could wee haue seene the word of God, warranting us to performe our devotions in that way, & to haue the same set vp here; wee conceive it is apparent that it will disturbe our peace in our present enjoyments.” [Footnote: 1665. Mass. Rec. vol. iv. pt. 2, p.200]
Argument was useless. The so-called oath of allegiance was not that required by Parliament; the alteration in the franchise was a sham; while the two most important points, appeals to England and toleration in religion, were rejected. The commissioners, therefore, asked for a direct answer to this question: “Whither doe yow acknowledge his majestjes comission ... to be of full force?” [Footnote: Mass. Rec. vol. iv. pt. 2, p.204] They were met by evasion. On the 23d of May they gave notice that they should sit the next morning to hear the case of Thos. Deane et al. vs. The Gov. & Co. of Mass. Bay, a revenue appeal. Forthwith the General Court proclaimed by trumpet that the hearing would not be permitted.
Coercion was impossible, as no troops were at hand. The commissioners accordingly withdrew and went to Maine, which they proceeded to sever from Massachusetts. [Footnote: June, 1665] In this they followed the king’s instructions, who himself acted upon the advice of the law officers of the crown, who had given an opinion sustaining the claim of Gorges. [Footnote: Charles II.‘s letter to Inhabitants of Maine. Hutch. Coll., Prince Soc. ed. ii. 110; Palf. ii. 622.]
The triumph was complete. All that the English government was then able to do was to recall the commissioners, direct that agents should be sent to London at once, and forbid interference with Maine. No notice was taken of the order to send agents; and in 1668 possession was again taken of the province, and the courts of the company once more sat in the county of York. [Footnote: July, 1668. Report of Com. Mass. Rec. vol. iv. pt. 2, p. 401.]
This was the culmination of the Puritan Commonwealth. The clergy were exultant, and the Rev. Mr. Davenport of New Haven wrote in delight to Leverett:—
“Their claiming power to sit authoritatively as a court for appeales, and that to be managed in an arbitrary way, was a manifest laying of a groundworke to undermine your whole government established by your charter. If you had consented thereunto, you had plucked downe with your owne hands that house which wisdom had built for you and your posterity.... As for the solemnity of publishing it, in three places, by sounding a trumpet, I believe you did it upon good advice, ... for declaring the courage and resolution of the whole countrey to defend their charter liberties and priviledges, and not to yeeld up theire right voluntarily, so long as they can hold it, in dependence upon God in Christ, whose interest is in it, for his protection and blessing, who will be with you while you are with him.” [Footnote: Davenport to Leverett. Hutch. Coll., Prince Soc. ed. ii. 119.]