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Gookin, over againll the Old South Meetin2;-IIoure. 174-. -'■m»^eu,.sj^/ ..J^^ '"\^, ■.^.,i- .-, f»;,v ;.- "ji-t.- ■ ■/■-»«,jf.r:.;4'--- , ■' \^ ■ %^. ^9i.: ■:c .-^Tj^ ^Vi '■•; . ..V X. ■— I'- -. '(•>> •d ; ■-■■ i To the Righv Honourable the . ,>;j, "LordC ^ RTERET, One of His Majesty's Principal Secretaries of State. My Lord, gj Aving lately had the Honour of pre- fenting the humble Addrefs of the Province of the Mafachufetis-Bayio- His Majefty for the Continuance of their Charter Privileges, which ihey apprehend infomeDanger ; it feem'd agreable at the fame Time, to explain the Right which the Charter Governments have to thofe Pri\'i- leges. Nor could an Argument of this Nature be fo properly addrefs'd to any other Perfon as Yoar I^cx-d- fliip, who in your high Station, have all His Majelliy's Colonies and Plantations within Your Provirxc, and under Your immediate Care. My Lord, the Colonies I plead for, ciik only Ju(- tice 5 yet if their Circumflances fliould require the Royal Grace, they humbly hope they have fome Claini to it from their firm and exemplary LoyaUy, For It A 2 mav M 'J ( it D E D I C ATIO iV* ;u ■'Mf^-^w- y^''-> may be iiiid to their Honour, that it is not known there is a fingle Perfon in all the Charter Govern- ments, whatever there may be in the reft, who is not zealoufly devoted to His prelent Majefty, and to the Succeffion in His illuftrious Family. It would be, my Lord, a rafti and ill-judg'd At- tempt in me, to enter here into Your Lordfliip's Cha- rad:er,as the Manner of Dedicators is ; I fhall not there- fore prefume to mention thofe great Abilities which have diftinguifh'd Your Lordfhip in foreign Courts as well as our own -, but only beg Leave to exprefs my Thanks for that amiable Goodnefs, fo confpicuous in Your Lordfhip, which foftens the Brow of the Minif- ter, and makes our Accefs eafy, when publick Bufinefs calls us to attend Your Lordfliip. May You long continue an Ornament and Support to His Majefty's Councils, ' ■• • -^' r I am, TP^itb profound Efteern a?td Rcfpcdi^ My Lord, .' " . ' T^oiir Lordship's 7noft Obedient and Devoted Servant, , . '•• Jer. Di mmer *■ T M DEFENCE OF THE New- Charters H E general Name of New-England, includes in its common Acceptation the Province of the Majfachufctts-Bay, the Co- lony of Come£iicut, the Government of Rhode- JJlandi with Providence Plantations, and the Province of Netu-HampJJjire, The three former are Charter Governments : The laft, viz. Ncvj-hampjljirc^ never had any peculiar Privileges, but is under the immediate and abfolute Diry(5lioii of the Crown. The MaJJachufetU^ as it is the fuft of all the Colo- nies in Extent of Territory and Numbet of Inhabitants, vv;;s the firfl incorporated, having obtain'd their Charter from King Charles the Firft, in the Fourth Year of his Reign. The Colony of C:n- neSficut receiv'd theirs from King Charles the Second, in 162, and the Fourteenth Year of his Reign. The Government of Rhode- Jjland\\7A theirs in th^ Year following. Thefe Charters agreed in all the main Points, confirming to the Patentees their Title to the Soil, and giving them ample Privileges for the well ordering and govcrn- ji;?: ( 2 ) i.v W ing the refpe^Uve Plantations : They had Power to make a common ScaI ; to plead and be impleaded ; to call General Aflemblies ; to make Laws, fo as they Were not repugnant to the Laws of England ; to aflefs the Freemen ; to conflitutc all Civil Officers ; to array the Inhabitants in warlike Pofture, and ufe the Martial Law, when Oc- cafion rcquir'd. And it was provided further, That in cafe any Doubts fhould arife, the Charters fhould have the moft favourable Conftrudlion for the Benefit of the feveral Corporations. Invited and encouraged by thefe Advantages, a confiderable Number of Perfons diflenting from the Difcipline of the Eftablifh'd Church, tho' agreeing with it in DoSirim, remov'd into thofe Re- mote Regions, upon no other View than to enjoy the Liberty of their Confciences without Hazard to themfelves, or Offence to others. Thus the Colonies went on increafing and flourifhing, in fpite of all DifKculties, till the Year 1684, when the City oi London lofl its Charter, and moil of the other Corporations in England^ influenced by fear of Flattery, complimented King Charles with a Surrender of theirs. In this general Ruin of Charters at Home, it could not be expeiSled that thofe in America fhould efcape. It was then that a ^0 If^arranto was ifla'd agalnft theGovernour and Com- pany of the MaJfachufet-i-Bayy and foon after a Judgment was given againft them in Wejlminjier HalL At the fame Time Sir Edmund jfndrofs, then the King's Governour of New- England, did by Order from Court repair to Hartford^ the Capital of Conne£licut, with arm'd Attendants, and forcibly feiz'd their Charter for the King. Rhode- Ijland, finding there was no Remedy to be had, made a Vertue of NecefTity, and peaceably refign'd theirs. But as foon as the News arriv'd of the happy Revolution in England, thefe two lafl mention'd Governments re-aflum'd their Charters, and put themfelves under the old Form of Adminiftration, in which they iiave continu'd ever fince. The Government of the MaJJachufetts, cautious of offending their Superiours at Home, and confidering there was a Judgment againft them in the Court of Chancery, tho' mofl unfairly and illegally obtain'd, did not think it advifeable to make this Step ; but fent Agents to Court to fupplicate, in a humble Manner the Reftoration of th»ir Charter. To what Mifmanagemcnt, or other Caufe it was owing, mon to md 5 (^ the Oc- rable {h'd Re- of :e to in «SI(3 ) owing, that they did not obtain it, and that this Loyal Corporation was the only one either in Old or New Englandy that did not recover its loft Liberty under our late Glorious Deliverer King William, *tis now too late, and therefore to no Purpofe, to enquire. A new Charter was ordered which the Province now has, and is not much more than the Shadow oi" the old One. For by thefe new Letters Patenff», the Appointment of a Governour, Licutenant-Governour, Secretary, and all theOfficers of the Admiralty, isveftcd in theCrown. The Power of the Militia is wholly in the Hands of His Majefty's Governour, as Captain-General. All Judges, Juftices, and Sheriffs, to whom the Execution of the Laws is intrufled, are nominated by the Governour, with the Advice of His Majel^y's Council. The Governour has a Negative upon the Choice of Councellcrs, which is hoih peremptory and unlimited : He is neither oblig'd to render a Rea- fon, nor reftrain'd to anyNumber. All Laws enadcd by theGeneral Aflembly are to be fcnt Home for the Royal Approbation or Difal- lowance. There is, befides, one very comprehenfive Article infcrted in this Charter, that no Laws, Ordinances, Elcdlions, or Adls of Go- vernment whatfoever, fhall be of any Validity, without the Confent of the King's (loverr.our fignify'd in Writing, By thefe Rcfervaaonr, the Prerogative of the Crown, and the Dependance of the Province thereon are in the moft effectual Man- ner fecur'd, if there had, been any Danger before, as 1 hope in the Sequel of this Difcourfe, to dcmonftrate there w.-s not, ^^-nd yet it happens unaccountably tliat this Charter of King Wii^jLiAM, [o limitted and rediained, is as obnoxious as either of the other which have their ruU and entire Force, Accordingly when about fix Years fince a Bill was brought into theHoufe of Commons, and twice read, for regulating the Charter and Proprietary Governments, this was one among the reft, and the firft nam'd in thfe Bill. And tho' the Honourable Houfe thought fit, upon hearing the Petitions prefented to them on that Occafion, to drop their Proceedings, there is Reafon to believe they may at another time refume them. It is in this View, that I have put together my Thoughts on the SubjciSt, which for Methods fake I have difpos'd un ' ;r the following Heads. -^,^: I. I mi ^)^ I. 1 fliall endeavour to fliow, that the CharterGovernments have a good and undoubted Right to their refpeftive Charters. II. That they have not forfeited them by any Mifgovernment or Male Adminiftration. III. That if they had, it would not be the Intereft of the Crown to accept the Forfeitures. And, IV. I fhall make fome Obfervations upon the extraordinary Method of Proceeding againft the Charters by a Bill in Parlia- ment. 1/?. Propofition, 7lat the Chaffer Governments have a good orj undoubted Right to their refp.'flive Charters, As to the firft Point there can be no Difficulty. The Charters were Gran- ted by the Crown, and the King is acknowledg'd to be the Head andFoun- tain of all Corporations and Franchifes. For tho' my Lord Coke takes notice, Thdt a Body Politick may be eflablifh'd by Prefcription, yet fuch Prefcription is only valid upon a Prefumption that there was an an- cient Grant of the Crown, which by 'he Injury of Time was after- wards loft. I need not infift upon what no Body controverts ; but it is material to obferve, that the Anuriean Charters are of a higher Nature, and ftand on a betterFoot, than thcCorporations in Ergland, For thcfj latter were granted upon Improvements already made, and therefore wcreA£^s of mcerCrace and Favour in the Crown ; v.'here- as tlie former were given as Pra^miums for Services to be prrrform'd, and therefore are to be confider'd as Grants upon a valuable Conftdera- tion ; which adds Weight and Strength to the Title. To increafe the Nation's Commerce and enlarge her Dominion?, mult be allow'd a Work of no little Merit, if we confider the Hard- Ihipi to which the Adventurers were expoled ; or the Expence in making their Settlements ; or laftly, the great Advantaores thence accruing fo the Crown and Nation. It would be an endlefs Tafk to recount all the Difappointments and Difafters that befel the firft Planters in thefe Enterprises. I fhall therefore only fay in General, that after many Dangers in their Voyages over the Atlantick, which was not fuel, an eafy N igation a hundred Years ago as it is now, thev «s{(5)ii» Ihave It or [own jnary irlia- they arrlv*d at an Inhofpitable Shore and a waftc WilJernefs wlicra there were few of the Neceflarics, and not one Accommodntion of Life i where the Climate was (o extreme, the Summer hcaf . fo fcorching, and the Winters fo long and Co colJ, that the Country fcem'd fcarcely habitable ; and to fum up their Misfortunes, thry found them ft Ives inevitably engag'd in a War witii the Natives, iij that by Fiitigoe and Famine, by the Extremity of the Seafons, and by aWar with the Savages, the firft Planters foon found their Graves, leaving the young Settlements to be perfected by their Survivors. To omit all this, I fhall only be particular in the Expence, which was above 200,000 /. in fetling the fingle Province of the Majfadu- fetts-Bay. TUq Account (lands thus : The Freight of the Paffcngcrs coft 95000 /. The Tranfportation of their firft Stock of Cattle came to 1 1000 /. The Provifions laid in for Subfiitance, till by Tillage more could be rais'd, coll 45000 /. The Materiuls for BuilHing their fiifl little Cottages came to 18000 /. Their A''ms and Ammunition coft 22000/. Tiie fevcral Articles amount to 192000 /. not taking in to the Account the very great Sums which were expended in Things of private life, that People could not be without, who were going to pofl'efs an uninhabited Land. I mu(t add, that 192 Ships were employ'd in making this great Plantation, and twelve Years were fpiiu belbre it was brought to any tolerable Degree of Pcrfc<5lion. • ■>.(. As great, however, as this Expence was, I believe It will appear that the Settlement of New- Englav.d was not more ciiarge.ble to tl.e Adventurers, than it has been in its Conr':qL" iice profiiaule to (j^eal- Britain. There is no fort of Brl:ijh JManuf 61 a c, but what the Subjects there demand in a greater or Itfs Proportion, as thc> hi.ve Ability to pay for it } every Thing for the Ule, Cunv^-iiience, Orna- ment, and ( I fay it with regret ) for the Luxury and Pride of Lilc. Some of the oldeft and mod experienc'd Traders to (hofe Parts have by Computation made thefe F?:ports arife to the Value of 3000- /. per Annum. The Imports from ihcnce are equally beneficial to the Kingdom. They brought home Bullion as long as they had any left ; and now they are fo cxhaufted -y B tl ley I > r'T' J they dorfflriue to rernit it by tTie Way of Spahfi Pcrtugul and the ^irelghis ; It is there th^J' fill their Fifti, and thePi-oduce of it comes hither in Gold and Silver, or Fills of Exchange, *(vhich is the fame thing. Other and better Returns thati Money it felf tfey i«ake in Mafts, the faireft and largeft in th6 IvholeWorld, befides Pitch, Tar, Turpentine^ Uofin, Plank, Knees for Ships, and other Sjiecles of Timber for various Ufes. Thefe, efpccially Pitth and Tar, were formerly purchas'd of the Siuede with Crown Pieces at intoUerable Prices ; but fince the Encouragement given for their Importation from New-England^ they have fallen to half the Value. It is to be farther confKltr'd, that what 've take of thefe Commodities from our cw!i Plantations, is brought Home in oiir owh Ships, and paid for iVIih our Mahuir^tures. New- England alfo imports Logwood for the dV'ng our Wytr^Iktt Goods, in Qiiantities fufficifcnt for our own Uie, and a Surplus with tthich we furnith lldland^ Hambro\ and cthjr Markets in Europe. It is wholly owing tO the Induftry of the Pecpli; oi Nav- England ^ that this ufcful Commodity is rcduc'd from 30 and 40/. per Ttm^ v^hich we us'd to pay for it to the Spaniards to 12 /. p,:r liin, v.hich is the pnefent Price, and out of this 1 2 /. ihe.c 15 4 /. 5 s. paid to the Crown for Cuftoni. • ,..^ (JTrii'R Articles ii\ "gilt be mer.tl:5n'd, as Whate-Cii afid Fitirs, whicil ai'e yearly jnvpo.tcd from New- England in nu conic m^tible Q^tr'Uitits. Thev are urtful ih feveral ManuiV.iture'^ ; and if not had rom thence marl have B tii purcha.^'d oi the Duich \vi;h ready Monty and at txc^-iK/c Prices. *Ti6 true, Ni :u ■ E ^ighful m?.k€9. no Sn~nr, but it aftils tiielflancls that do ; without wljich Afilft^.ice they could not ma^fe it, at Icuiil rut chc ip enou?h, and in fufficier. . C^antitics to anfwer the Markets in f'.urope. For if the Sugar iPanrls were obliged to fow Wheat, and vlant as much Indian Corn iis they wanted, tiVey niuft needs plant thfe fewer Cans?, and by Cqnfequencu make the lefs Sugar. From thence they arc alfo fupply'd with Hones for their Mills, Timber for their . (7 ) . their Sugar Works, Sti^ves for their Ca,(ks,and what is more ,coi:{ivI«"r iti.jle, With Barrel Pork, Macjcrel, and reiufe Qpd-Fi{h for their Negroes, without which their Labour would yield nothing to their Owners. Fpr were they to feed their Slaves with Beef and other Provifioi^s (roifiJBriti^in and Ireland^ theExpence of aPl^ntation would devour '^f'l by the Portuguefe, that our Sugar Ifl^fids need all Advwtagcs to make this Cppiniodily cheap and in Plenty, tliat we nviy Jjp able to out-do, or at leatt equal our Neighbours in the iQtcizp. Markett^, It may be adder], that Neiv- E 't^hwd is a good Nurfcry of Seamen for the Navy. I believe I ma.y afllrm, that there was hr.rdly a Slii^p, duj-ing the kfl W^r,, Ii) the Roy^l !Sfavy wli^^ayt fp^me oUh4r Sailors on Board, which fpdiftrefs'cl the iWw^^^^^/rtw^ Merchants, that lacy 'were gblig'd to map their Ships with hid'uin^ and Negroes. W-:t \t I have faid amounts to this : That Nczv-Englaud receiv'd •ht-r Gliarter? on this eTjrrefs^ Condition, offi:ttlii.^ Colonies for the Benciit of tlie Crown : A.V ;1> ',:^S ^ y, '': E;;pcnGe, ^^n,d ^hrougli Uicr.edible Diffi- .cultiys arcnmp'iil^i'd t'/- JVprk, even beyond .wij|at was ever hop'd or cxpc(fied. A'^^'. tnt;i the.CmcIurion, that I woulfl d^aw from-tbc/l P TJiat to ftrip the Counl i-M-Ul v. II its aff tlis •v.-)- >' ! ^■■y Tali uj pyr:crm u, v. i!i;''Oi::-i :ui: !' >- iv- ICall But it is.urg*d, '^)/*t the C^^ri .*'' d'nf r' ,t..t. ■ci IV. it does the Charters I which ind^^Ms ^ The CrowJij.f'.ritlly f^^wrJd: having no Right i.i it "^/if. vV - 1 s-\ Patent to Sir rf!aLr RjwyrKli n\ i :A± i ( • • * •■ s ' ■• • ;/. .).♦»• no th- ■ ;■ t». .TTi,^; f .flat !£*'»'' A f. what v/as it, ard y,-!.:'rice utiiv't: hecaufc thofc C'^.v.ntriea d' ' ;i^ Not of CV«^A'^?, .becauTe (lie i:;-itb', jii. ,V.;^6.»Jfjt a. '*':^,f^1^'I^W^ concjuer them. Bcfide^, k v/oitui he pretty hard to concr'v" .V a B ;i Concuei}, LS! ( 8) Conqacft, where there was no preceeding Injury or Provocation, could create a Right. Nor did it arife by Purchafe, there being no Money or other valuable Confideration paid. Nor could file claim by the prior Difcovery or Pre- occupancy, as the Civilians fpeak, be- caufe that gives a Right only to dereliSi Lands, which thefe were not, being full of Inhabitants, who undoubtedly had as good a Title to their own Country, as the Europiam have to theirs. And fure no Body will fay in plain Terms, that we have any Claim upon the Foot that we were ChriJ^lans, and they Heathen j which yet I know fome Perfons of no obfcure Fame have tacitly fuggeflcd. Rome it felf, as imperious as flie is, never carry'd her Pretences to this Height : For though fome of her Do6lors have taught, abfurdly enough, that Do' m'mlcn is founded in Grace, none of *em ever faid that Property was. There remains then no other Right than what was deriv'd from the native Lords of the Soil, and that is what the honeft New-England •Planters rely on, having purchas'd it with their Money. The Indian Title therefore, as it is decry'd and undervalu'd here, feems iVs only fair and juft one ; and neither Qi.ieen Elisabeth by her Paccuts, or King James by his afterwards, could give ajny more than a b..rc Right of Pre- emptim, :■•:... And yet admitting that the Crown grant; .! the Soil, to Inw llftb muft the Value of fuch Grants amount, all C' cumftancc;; confider'd ? The Patentees were not only oblig'd to trr.yel a thoufand Leagurs bevond Sea, hut to purchafu thc'r Grants over again of the Nutlve.-?, before they could be put into PoUciTion, The Land it fcl; \.«s ^f a rouoh ilivage Nature, incumbcr'd with unprofitable Woou's, aaJ; of no Ul'c 'till by vAi Labour and Expencc fubdu'd and cultivated. For to fpenk the Truth, thofe Parti were but bare Creation to tlie firft Planters, uaU tlieir L'abour liL the Beginning th$ TVorldm > .-V. ' ' '■ i So that vhich Way fo^ver we t;.ke it, I think it's plain, if the Crown refumea the Cliartcr?, it v/ill take away the Whole it gave, nnd deprive the Paten*oes of the only Rceompence thev were to have for all their Toils and F:Uic;nes, v.] '.-h t'icy thought to have conveyed •fafe to their Pofteri'.y. <'<■'' I th->v lav- imaf^in'd liii?, coulJ they have forefcsn that their Piivil-j^>.j v.'crs fuch iranfttory Things, as tt) laft •«£|{ 9 ) i* le :atIon, ng no claim c, he- re not, tie to re no Foot IV fome f(;ir, as For lat Do- ty was. Dm the England e Indian he only .■'aients, I a lii.re ^w littb ifider'J ? Leagues Nutive.'?, , aiu! of ihivatcd. I the fiift 1, i; it gave, I to have :onvcycd ulJ they ^Sy as to laft ihe f lad no langer than their 'Work AkhiIJ he done, nnd their Settlemenrs compleated, they had never engag'd in fo hazardous and difficult an Enterprize. They would never have parted from tlieir native Land, being neither Criminals nor Neceffitous ; and ihofe Countries which have fmce added fo much to the Wealth and Grcatncfsof the Crown, might have been a barren Wildernefs to thi jy-iy ; or what is worfe, and more probable, n.ight have been fill'd with French Colonies, whereby Prance would have reign'd fole Miflrefs of North America. I believe it will be generally allow'd, that my Argument is thus far right, if I can make good my fccond Propofition, ^/;s. That thefe Governments have ^^ Propofition. Uat thefe by no Mifbehaviour forfeited back Governments have by sv Mijli- their Charters to the Crown. bavbur forfeited thelrClarters. Some oftheableft Common Lawyers that England could ever boad of, have maintain'd that a Corporation, being an Ens Rationis, is in its Nature indifTolvable, and that therefore no Abufe of its Franchifes can cfTed it in Point of Forfeiture, or determine its Be- ing. If this Argument fhould be thought too fubtile and metaphyfi- cal, 1 hope however it will be allow'd an Extreme on the other Side, that a Corp ration fhould be threatned for every OiTence to Uv feiz'd into the King's Hands. The Subjefls Abroad claim the Pri- vilege of A hgna Charta^ wliich fays, that noMan fhall be lii:'u ab )v'e the Nature 'of his Offente, and whatever his Mifcarriagf^ be, a t-alvo Contenemento fuo is to be obferved by the Jud;>;e. IF thcriforc they have committed Faults, let them be cb^izd, not d ;!ro/d ; let not iheir Corporations be difiblved for any o her Ci:!:." •h:".n i , Failure of their Allc>:iaiice. But I need no: ' o iiUa ([\.- or r:'" Other nice Point of Law, it being fafficient to Iaov: tl'at the Ch. r^N- Governmen's are clear of ih:* f.verr.l Fads wh"ch have bcin ob- jedlcd againft them, and aflign'J as Matter vS Forfeiture. In t!.e Bill that was brcuoht into the Hou''c of Cciv.monn, tjvic were two Allegations againft the Charter and Proprietary Govcrnniei.ts, vvhich I fhall anfwcr, and then go on to confiJer fueh oth:r Complauiis as I have met with from Time to Time agiinft thefe Government';. Th2, i { 10) The \Jl Charge Agahiji theCharter Go- z-crnm ntSf that they have negleSled the De- fence of theJnhabitants, anfwered. The firft Charge In the Bill a-ainll th? Charter Goverimicnts is, that they bavf fugh£led the Defence of . the InhahitanU* This I muft own, if true, and fuch Neg- lect was voluntary, while they had the Means and Power of Defenw in their Hands, was a higli and tfeafon*''.llc Jjreach of their Truft, and would be the ftrongeft Arguiucnt that cutld be brought for a Refumption of theCharters. But now if 1 Ihould prove that thefe Governments, efpecially the Maffachufetts nnd CoNne^ikut^ have in all pad Times defended the Inhabitants both by Sea and Land, as well againft the French as Indian En^my : If I fhall prove llut tlicy have all the late War protefted one of the King's Pro- z'iHces lying on their Confines, which would otherwife inevitably have b'^en bft J and that another of thoie Provinces took no Part in the 'V'v''ar,.b'jt uiaiiitaki'd a ihaoiefjil Neutrality with the Ei»erny, where- by the -whole Weight -of the War fell on tlie Ah[fichi:fitts ) If I fball prove that they have frequently carry 'd ofFenfivc /urns into^thc Fieuch Territories, and made one important .Concjaefi, fwc3 anutii'd to the BriiiJ}) down j and that all this was done at their ov/n vz-ftE^pence; then, I hope, New England will (land fiairly acquitlc J. of diis jfuppps'd 'Qxxcnz dUicgkning to Defend Ihe Inbahiiants, anj be ul'o'vv'd.iu/toiljy liiCprelienrible in this refpe£l>but to have hijjhly iiictUed of ilifcvjo.wn and Nation. ■ ' ■ ' • ■ ■■ •II i. III These i'\\CTs nre fo -certain and'Ta 's\x!l%lpn3wn, tliat I'm fn- ("•s'o.'JoJ -his Vad never bv.cn aj1j2:n*d as a Rcafon ibrdLQaly'sK/ i'«j *?h.ii'tersj bill \v>'\ a fpecial View to Cyir:^iina, 'which, wiieniikii 'jitil •wasbrc i;.rht into u.: Ilci^r?, Wa6'rccluc'«i.ti>re.>3ttcmity.by a Vv.;irtMri«'i the .Sp:.r'Jh Juiliaus ; and bdr* n-^i^i t. ,uhie to.tljfeJid Ibcnafclves, nor ob':;in Succaursf om the LocU's lV>F^>'*^^-''-» «»^ircfs*Ujtbe Crown to ta';c <:;cm uiidt r it P'rQfe3i<»n. \It vr;-s^'iiir5{iB>;e oatrRil enovph to ment'ioii this in.ihe iJ'l; -tho' u/i'Jviiurr4>^e SuUm'intn, .it hi'uuz, ilrf? llnglc" Cafeof one r.^pr.'ctcry Cwkny, it fiiouki in. aiUiR caftan Ihave been reuiiiii'd to that, and vM -extt^i^'itu .to the Gi»aptcr Provinof^p, which are neither alkcconllitutcJ, n; r were in thv^ lame fDiftecfi. Por NiiQ- England y as 1 ihall prcicntly ihow, has dQCc:rc:d itifiif from tliO 'i-0. iich s,,thanthuy apply 'd iheliCares fur thA-Bentfu orthe/,Y/A7?.'T, by endeavowing to biif:^ tiieaa T\oii» il>elr wild manner of Life t© the civil and polite Cuit«.4i»s cS J£ur^'e. For this purpi^fe, they mark*J c3ut Land to hnWi iudia.-i Tuvm^y Ai^J^^ly'd them witli all pre per Utciilils for f] 'liing, prcicriL'J to them Forms of Government, and above ^1, omitt^ no Pains to btliig them acquainted with the Gof- pd. After fome Time, wiitii it was found ncccfTary, tlie Cobny made a Law to forbid any Perfon's pttrchafuig Land of the Indians withaut the Approbation of the Goieral Court, to prevent their being over-rcach'd or ill us'd in their private Bargairj ; and fome ^Ijahd, lying very convenient for them, was by another Law made inalienablv; ^i i ^ ( lO »» inalienable, and nev€r to be purchafed out of their Hands, than which nothing could more demonftratc the Colony's Care and Concern for the Natives. I thought my felf oblig'd to make this Preface to the main Argu- ment, that I might wipe off an unworthy Afperfion that has been cait on the firft Sellers of Neiv-Englandy that they never treated the Savages Vk'ell, but cncroach'd on their Land by Degrees, till they fraudcntly and forcibly turn*d them out of all. It was far otherwife, as I have fhone ; yet nothing could oblige the tudtam to Peace and Frien.Jfliip. They were alarni*d with the ftrong Jealoufies of the glowing Power of the Englljhy and therefore began a War with a Rcfolution to extirpate them, before they had too well eftabiifli'd ♦hemfelves. Yet as terrible as this Profpedt was to two or three ^'ouhg Colonies, who had work enough to defend themfelves againft Famine, which in a cold barren Country, furrounded with Enemies, iiiir'd them in the Face, they neverthelcfs made no Application to the Crown for Affiftance, but drew up Articles of Confederacy among themfelves, by the Name of the United Colonies oi New-Eng- land, for their mutual Defence. This done, they took the Num- ber of all the MtUes in the feveral Plantations, and railing a Poll Tax according to each Perfons refpe<5tive Ability, tl.cy wiih one Conf^nt laid afide their Ploughftiares and Pruning Hooks for the Sv.'ord and the Spear, and under the Command of Major-Gcnerals, whom they choH.' after the manner then in England, march'd direcStly to the Enemy's Head C^iarters, and ftrongeft Fortifications, from whence they drove them with great Precipitation. Nor did thef flop there, but purfu'd tliem through all their Recelles, 'till they obhg'd them to enter into a folcmn Treaty of Peace. Such however was the perfidious Nature of the American Savacres, that they foon renew*ii the HoHilitics, tho* to their own fatal Coft. For \( the Englijli expsricnc'd a Variety of Fortune, as could not but be expedled in the ViciiTitudes of War, yet they were for the moft part Victorious, and in the Courfcof fome Years, after maoy terrible Slaughters of the Entmy, fubiiu'd and utterly extirpated Seven or Eight fierce and populous Nations, I am on out Po^ which |crn for Argu- js been Ited the 111 they I am ( 13 ) I am fenfible fomc have cndeavour*d to depreciate thefc Conquefls, as gain'd over a rude barbarous People unexercis'd to Arms ; which if i^ranted, ftill it can't be faid, that the Defence of the Inhabitants was negleSfed ; and therefore the Charter Governments can fall under no Cenfurcj^ if they fhould be thought to have merited no Praife. But if it be confider'd, that the New- England Forces contended with Enemies bloody in their Nature and fuperlour in Number j that they attack'd them in deep Morafles, defended with Fortifications fufEci- cntly ftrong, tho' not regular ; and that the Aflailants were not provided withCannon, nor could approach byTrenches,but advanc'd on level Ground : And if to this be added the vaft Fatigues of their Campaigns, where Officers and Soldiers lay on the Snow without any Shelter over their Heads in the moft rigorous Winters ; I fay, if a juft Confideration be had of thefe Things, Envy it felf muft acknowledge that their Enterprizes were hardy, and their SuccefTes glorious. And tho' th*; braveCommanders who led on thefc Troop?, and mod of them died in the Bed of Honour, muft not fhinc in the 5r/V//Z> Annals, yet their Memory ought to be facred in their own Country, and there at leaft be tranfmitted to the latcft Pofterity; The inland Parts being now at reft, the War wns remov'd to the Frontiers, which were cruelly harrafs'd by other Indian Tribes^ ani- mated and affifted by the French of Canada^ who have giyen the Maffachufetts but few Intervals of Peace, and thofe very ihort ones from that Time to this Day. All this while That Government was never wanting to protcdl the King's Subje6ls within their Ju- rifdi^llon, even to the remotcft Parts of it. They kept Troops on foot, no lefs than Six or Seven Hnndred at a Time, tc cover the Barrier Line, and built Forts wherever the> were neccftary ; one of them nam'd IVillumi Hcur-j^ but commonly call'd PemaqnidYoxt, becaufe built on a River pf thatName,w;is in the Heart of thcEnemy's Country, and defcrvcs a particulaiDefcription. It was built ofS:one in a quadrangular Figiue, 737 Foot in Circumference, without the outer Wall, and \c?> Foot fquare within the inner ones. It had 28 Ports, and 18 Guns mounted, 6 being 18 Pounders. The Wall on the South Line fronting to the Sea was 22 Foot high, and above 6 Foot thick at the Ports, which were 8 Foot from the Ground. C The ( H)^ I' 't i-* .1, The round Tower at the Weft End of this Line, was 29 Foot high : The Wall on the Eafl Line was 12 Foot high, on the North 10, and on the Weft 18. It ftood 20 Rod from High- Water Mark, and was Garrifon'd with 60 and fometimes 100 Men. The Expence in building and maintaining this Garrifon was confiderable, yet the Province chearfully fubmittcd to it ; nor did they decline rebuilding it, after it Was furpriz'd and demolilh'd by the French, for any other reafon, but that it was found by Expe- rience, the Enemy could come many Miles wide of it, and attack their PVcntiers. They therefore built Forts at Saco and Cafco^ and other PLces rnoft expos'd which anfwer'd 'he fame End, By this Care the Power of the Enemy was very much broke, and the King's Province oi New-HampJ}me from whence the RoyalNavy is annually fupply'd with Mafts, has been prefurv'd, which other- wife muft have unavoidably been loft, being unable to help it felf, and receiving no Succours from Home. Neiu-York, another of the King's Provinces, has always kept it felf in a State of Neutrality, contributing nothing to the common Safety, whilft the Canada Indians join'd by Partilss of the French^ us'd to make their Route by their Borders without molefting them, and fall upon the Out Towns of the Mafjcichufeiti. This Behaviour was the more unpardonable in that Government, bccaufe they have 400 regular Troops maintained among them at the King's Charge, and have the five Nations of the Ircquo'ife on their Confines, who are entirely dependant on them, and miglit cafily, had they been engag'd in the common Caufe, at all Times have intercepted the Enemy in their Marches, and thereby have prevented theDepredations committed on hisMajefty'sSubjedls. Solemn and repeated Applications were made to the Government of Nnv-Totk^ by the Governours of the Majfachufetts, ConneSficut,znd. RhodelJJandy in joint Letters on this Subject, but in vain. The Anfwer was they could not think it proper to engage their Indians in an a6lual War, left they fhould endanger their own Frontiers, and bring upon themfelves an Expence which they were in no C )ndition to provide for. And thus the poor Charter Colonies Were left to bear the whole Burden, and do all the Work themfelves. Thf M ( '5 ) W 1 ' Thf The Province of the i^/<7^f^ttyi•//^56_y has been equally follici- tous to protedl their Inhabitants by Sea, againPt any foreign Invallon. For this End they have kept their Militia well train'd and difciplin'd, and by an A£l of Aflembly oblig'd all Perfons, under proper Penalties, to be well provided with Ammunition and Arms, that they might be ready in cafe of a fudden Dcfcent from Abroad. Bojion, which is their Capital Town, and principal Sea- Port, is fortify'd with two Batteries to the Sea, one at each End of the Town ; and about a League from it, at the Entrance of the Harbour, there is a ftrong beautiful Caftle, which is by far the fined Piece of military Architec- ture in the Britljh America. It was built by Colonel Romcr^ a famous German Engineer, at the Country's Expcnce, and is call'd CaJIle PVilUam. It is a ^^arre furrounded with a covcr'd Way, and join'J with two Lines of Communication from the main Battery, as alfo a Line of Communication from the main Gate to the Redoubt,which is to prevent the Landing. It is well fituated near the Channel, to hinder Ships from coming up to the Town, which muft all Qom& within Piftol-fhot of this Battery. It is mounted with an Hundred Pieced of Cannon, feveral of which are plac'd on a Platform near high- water Mark, fo as to rake a Ship fore and aft, before fhe ran bring her Broad- fides to bear againft the Caftle, and fome of thcfe Cannon carry forty two Pounders. In Peace there is an inde- pendantCompany of fifty or an hundred Men, I'm not certain which, that conftantly are on Duty ; but in Time of War five hundred able Men are exempted from all other military Duty, to attend the Ser- vice of the Caftle at an Hour's Warning, upon any Signal given of the Approach of an Enemy. To prevent the Caftle's being fur- priz'd, there is aLight-Houfc built on a Rock appearing above Wa- ter, two Leagues from the Town, which makes a Signal to thcCaftle of the Appearance of any Ships and their Number. The Callle again warns the Town, and if there be five Ships or more in Time of War, an Alarm is given to all the adjacent Countries by liring h Beacon. The Province has alfo a Galley or Frigate well man'd in Time of War, to guard the Coaft from Privateers, and to convoy their Home Trade. In fliort, nothing that could be done for the Defence of the Subject by Sea or Land, lias been left undone. It is really aftonilhing to confider, and difficult to believe, tliat iheCe C 2 littk '^.■: f k ( i6 ) little Governments fliould be able by their own Strength, ani at their own Charge, to perform fuch great Things. And yet this is not all that muft be faid in their Defence. For as I have before obferv'd, they have difcover 'd a noble Zeal to enlarge the Britijh Empire, by undertaking feveral chargeable Expeditions a- gainlt the ftrongeft French Settlements in America. In the Year 1 690 they made an Armament againft Port-Royal, which was a Neft of Privateers, and a Dunkirk to the American Trade j befides that it was the Head Q^iarter, from whence Parties of French and Indians iffued out, and fell upon the eaftern Parts of New- England. They made themfelves Matters of the Place with all the Country of Accadie, and Sir fVilliam Phipps who commanded in chief, adminifter'd to the In- habitants an Oath of Allegiance to the Crown of England ; in which State that Country remain'd 'till the Peace of Ryfwick, when it was delivered up to the French, The great Service done the Crown by this Acquifition, is now too well known to need being particu- larly mentioned. . , T ..... ^ ' . The New- Etiglanders being willing to purfue this good Succefs, made an Attempt againft Canada the fame Year, with a Fleet of thirty two Sail of VefTels, befides Tenders, having on Board two thoufand Men, whilft at the fame Time a little Army of a thoufand EngUJh and fifteen hundred Indians, were to march by Land and at- tack Mont-Real. 'Tis true, they fatally mifcarry*d, ( and who can anfwer for the Fortune of War ? ) But this ought not to leflen the Merit of anEnterprize,which they fo well intended,and by which they fo greatly fufl'er'd. It coft an hundred and fifty thoufand Pounds in Money, and what was infinitely more valuable, the Livss of a thou- fand Men. Nor were thefe Vagrants, fuch as arc pickt up here in the Streets, and diforderly Houfes, and thence prefs'd into the War, but Heads of Families, Artificers, and robuft young Men, fuch as no Country can fpare, and leaft of all new Settlements, where Labour ig the deareft Thing in the World, becaufe nothing fo much wanted as Hands. They did not indeed fall by the Sword of the Enemy, if that could alleviate their Misfortune, but by a Camp Fever, by Fa- mine, and various Difafters in their Return Home, occafion'd cliiefly by the early Approach of a fevere Winter, which made it impradtiL cable for Provifions to follow them* Gr eat m ( '7 ) ^ •GpTeat was the Diftrefs to which thefc poor Colonies were re- duc'd by this cxpenfive and improfperous Expedition ; yet by the wife Condu£l of the Governments, and the Indultry of the People, they fo well recover'd themfelves in lefs than twenty Years, as to re- folve upon making another Vifit to their French Neighbours, whom they faw daily growing in Power, and ihreatning in Time to deftroy all the Englijh Settlements. But not thinking themfelves ftrong enough to deal with ^4ebeck, they were content to make only an At- tempt on Port-Royaly which was done accordingly, tho' not with the former Succefs, the French Fort being now ftrong and regular, and well provided for a Defence or Siege. ; Not difcourag*d by this Repetition of Misfortunes, when the late Qi^ieen fignify'd to thefe Governments, her royal Intention to reduce Canada, and requir'd them to provide their Quota of Troops ; It can't be imagin'd with what Alacrity they came into it, and made in all Refpe6ls ample Provifion for it. And tho* the Court altering their Meafures did not: fee meet at that Time to proceed in the De- fign, yet the Colonies were put to near the fame Charge as if they had. The next Year they rais'd a Body of Troops again, which com- manded by Colonel Nicholfon, with five hundred Auxiliaries from hence, made another Defcent upon Port-Royal and reduc'd it. For which Service they were promis'd by her then Majefty, confidcrable Advantages in rcfpeft of Trade and theFifhery, to which it's hop'd a juft Regard will be had, when Nova Scotia is brought under a civil Eftablifhment. ....•■ '■' . ,..•_. i ■■ ■_ ...■ ' . . >■ One may imagine now that thcfe Colonies were quite out of Breath, and needed a little Reft. Yet prefently r.fter, when the great unfortunate Expedition was fet on Foot againf!: Canada, under the ■command of General Hill and Admiral If^alker, they furnifh'd more than the Qiiota aflign'd them, and provided z\\ Necc/fiaries for the Britijh Troops in fo fhort a Time, that if they had not been anima- ted by an extraordinary Zeal, would not have been poflible. And notwithftanding fome Eeople found it neceffary to blame Ncw-Eng- '■' land. *8!( i8 ) landy the better to cxcufc thcmfelvcs, yet it has been acknowledg'd to me by Englijl) Gentlemen, who were then on the Spot, and well cx- perlenc'd in thefe Affairs, tliat fuch a Fleet and Army wanting the NeccfTaries they did, could not have been difpatch'd on fo fliort Warning from any Port in ii'«g/tfW, My Anfwer to this Article of Accufatlon would be imperft£^, if I did not ftill further obferve, that thefe Governments have aflllled and reliev'd the moft diflant of HisMajcfty*slfland8,and the rcriotcft Settlements on the Continent, when in Diftrefs, upon no other In- ducement, than that of being their Fellow Subjects. I'll give two or three Examples. When in the Year 1703, or about that Time, Jamaica was in Fear of an Invafion, and defir'd fome Help from the Government of she Majfachufetts } They, notwithftanding the length of the Voyage, which is often 8 or 9 Weeks, fent them two Companies of Foot, commanded by Colonel fi'alton and Captain Larimore, both very gal- lant Ofiicers. The Companies arriv'd fafe, and ferv'd there two Years, fometimes on Shor^, and at other Times as Marines on Board the Men of War, then in the Service of the Ifland ; and I believe very few of thefe Soldiers ever returned to their Native Country. In 1705, when Nevis was plunder'd and ruin*d by IbkrvilU, New- Englmid charitably, and of their own accord rais'd 2000 /. for their Relief ; which they fent in two Veflels, each having 1000 /. on board in Flower and Salt Provifions for their Subfiftance, and in Materials for Rebuilding their Houfes and Mills. This they did generoufly, neither defiring nor receiving any Returns, when that Ifland came into more profperous Circumftances. And now lately, when Carolina was engag'd in a War with tlie Spanijh Indians, and wanted Arms and Ammunition, they weie fup- ply'd with both from i52/?i?«. Upon the whole, whataVaftFund of Merit have the Charter Governments rais'd to themfelves from a long Series of Faithful and Heroick Services ! And how ftrangely out of Countenance muft this Olj'.dlion look, that they have negldlcd the Defence of the Inhah.iianii ! I have only to wifli, that His Majefty and His Miniftry had lelfure from the important Affairs of the Nation, and of Europe^ to confider their Merit, and then I affurc my felf, inftead of depriving them of their prefent Privileges, they would continue them forever j and, if there were room for it, add as many more. The id Charge in the Bill agohiji tht Charier Governrni nts, that they have exer- cis V arbitrary Power^ anfwer'd. The other Charge in the Bill is, That they have exercised arbitrary Powet. If this be aim'd at the Proprietary Governments, which however I don't accufe, I have no- thing to fay, but am fure that the Charter Governments ftand clear of it. The Thing fpeaks loudly for it felf. For in the Govern- ments where there areCharters, and thofe Charters entire, all Officers Civil and Military are elcdled by the People, and that annually j than which Conftitution nothing under Heaven can be a ftronger Barrier againft arbitrary Rule. For fliould it be allow'd, that the People, corrupted or deceiv'dy might inftead of wife Magidrates chufe Tyrants and Oppreffors to Lord over them one Year j yet it can't be imagin'd, that after they have felt the Smart of it, they will do fo the next. Nor can there be a greatei Obligation on the Rulers themfelves to adminifter Juftice, than that their Election depends on it the next Year. Hence the frequent Choice of Magiftrates has been ever a main Pillar, upon which all who have aim'd at Freedom in their Schemes of Government, have depended. As theReafon is inconteftible, fo the Fadl is apparent, that thefe Governmenf.i, far from retrenching the Liberty of the Subjedt, have improv'd it in fome important Articles, which the Circumftances of Things in Great Britain perhaps don't require, or won't eafily admit. To inftance in a few ; There has been froxn the beginning an Office erefted by Law in every County, where all Conveyances of Land are enter'd at large, after thv Grantors have firft acknowledg'd them before a Juftice of Peace ; by which means much Fraud is pre- vented, no Perfon being able to fell his Eftate twice, or take up more Money upon it than it's worth. Provifion has likewife been made for the Security of the Life and Property of the Subjeft in the Matter of Juries, who arc not return'd by the Sheriff of the County, but are chofen m ( 20 ) i ;l If cbofen by the Inhabitants of the Town a convenient Time before the fitting of the Courts. And this £lec;iv Huufc Officers had by their violent Pradlices cither feiz'd or driven away ail the Veflels belonging to thatPart of the Country, fo that they had no Sloops left to carry theirProduce to Market in the adjacent Colonies. Secondly^ If there be fomc late Complaints, perhaps upon Exami- nation, tliey will appear to be ill-grounded. I can fpeak tliis know- D 2 ingly. ( 24) I Id • Alt ingly, with Refpea to a Complaint tranfmitted not long frnce by the Surveyor General of North Jmerica, and the Colleftor of New-Lon- dotiy again/* His Majefty's Colony of ComeSlicut. Thefe Gentle- men, one or both of them, drew up a Charge againft that innocent and loyal Colony, in very fevere Terms, as fettlng the Laws of Trade and Navigation at the utmaji Defiance. Whereas, in Truth and :n Faft, the Inftances they produc'd of fuch Defiance, were clear Proofs of that Colony's Inclination to fupport the Laws of Trade, and thci^ own Traffick ; and on the contrary, what the Cuflom-Houfe Officers infifted on, was manifeftly fubverfive of both, and could ferve no End in the World, but enhancing theColIedors Fees. The Cafe is this : There are on the Coaft of His Majefty's Colony of ConneSlicut^ eight convenient Ports or Harbours for Shipping. The Government there did, from the Beginning, place a Naval Officer in each of them, to fee that the feveral AAdmiralty : That it is very fitting and neceffary fuch a Power (hould be lodg'd in that ^ uri : And, laftly, That the particular Cafes wherein the Judges ^hat fuperiour Court have hith^^rto excrcis'd this Power, v/ere ai;,.ureii.ly without and be}ond the Adiiiiralty Jurifdidion, To •if-; ■nwB »f Things f ide, faving le only in )ur Officer al, or by le Country and where ace. The regolated efty fhould referw the ible foever carer View y in New- i*rohibitions ch he fays, urtf and all zs this Mat* Reafon for fliow there ' within the the Admi- t from fub- he Crown; 11, will re- Complaint , becaufe a ts Charters. rt of Judi- egal Power That it is I'd in that the Judges wer, v/ere 1. To « ( 27 ) » To begin with the Power it felf : 'Tis founded on an A£t of the Aflembly pafs*d in the nth Year of King William, and by him tonfirm'd, entitled, Jn A£i for ejlahlijh'mg afuperiour Court »f Judi- cature^ Court of AJftze, and General Goal Delivery. The A61 after a Recital Of fevera! Powers vefted in theCourt, has this general Claufe : Andthe faid Court is hereby vejied with the fame Power as fully and amply to all Intents and Purpofes whatfoever, as the Courts of King's Bench, Common-Pleas and Exchequer within His Afajejly's Kingdom of England have or ought to have. By Confequence then, if the Court of King's-Bench has 3 Power to reflrain the Court oi Admiralty in Englandy this Court of Judicature muft have the fame in Nevu- England. . The Reafons for fuch a reftrainiJig Power are as ftrong in New- England as in Great- Britain. It has been ever boafted as the peculiar Privilege of an Englijl)man^ and the grand Security of his Property to be try'd by his Country and the Laws of the Land j Whereas this Admiralty Method of Trial deprives him of both, as it puts his Eftate in the Difpofal of a fmgle Pcrfon, and makes the civil Law the Rule of Judgment \ which tho' it may not perhaps properly be call' J Foreign, being the Law of Nations, yet *tis what he has not confent- ed to himfelf, orhis Reprefentative for him. A Jurifdi being ftill Subjefts, they fliould have the Ufagc of EngUJhmen^ be prote£led by the fame mild Laws, and enjoy the fame happy Govern- ment, as if they continued within the Realm. Confider the £x- prefHon in this Light, and the Colonics ( which I am defending ) are flill fafc, having in no refpe^l impaired, but many Ways improv'J the Liberty of the Subject, as I have before fhewn under another Head. If hereafter fo unaccountable a Thing fhould happen, that thofe Privileges which wcr« defign'd as Fences againft Oppreffion and defpotick Power prove the Means to introduce both, and the Body of the People (hould petition to be reliev'd from the "foke of their Charters, for my part, I'll be no longer an Advocate for them. On- ly in the mean Time, I heartily wifh they may not be difturb'd, but reft in Peace, 'till then. yf S/A ObjeSfioHy That ihe Charter Colonies will grow great and formidable ^ anfwcred. There is one Thing more I have heard often urg'd againft the Charter Colonies, and indeed 'tis what one meets with from People of all Con- ditions and Qualities, tho', with due Refpefl to their better Judgments, I can fee neither Reafon nor Colour for it. 'Tis faid. That their encreafmg Numbers and ffeaith, join* d to their great Dijlance from Britain, will give them an Opportunity in the Courfe of fame Tears ^ to throw off their Dependance on tht Na- tion, and declare themf elves a free State, if not curbed in Time, by being made entirely fubje£f to the Crown, Whereas, in Truth, there's no Body, tho' but little acquainted with thefe or any of theiVir/^^rwPJan- tations, who does not know and confefs, that their Poverty, ond the declining State of their Trade, is fo great at pref^iht , that there's far more Danger of their finking, without fome extraordinary Support from the Crown, than of their ever revolting from it. So that 1 may fay, without being ludicrous, that it would not be more abfurd to place two of His Majefty'. Beef- Eaters to watch an Infant in the Cradle, that it don't rife and cut its Father's Throat, than to guard thefe weak infant Colonies, to prevent their fhaking ofF the Britijh Yoke. Befidcs, they are fo diftinft from one another in their Forms of ■ ( 3? ) ' fl of Government, In their religious Rites, in their Emulation of Trade and confequently in their Affections, that they can never be fuppos'd to unite in fo dangerous an Enterprize. It is for this Rcafon I have often wondered to hear fome great Men prcfcfs their Belief of the Feafiblencfs of it, and the Probability of its fome Time or other a£lually coming to pafs, who yet with the fame Breath advife, that all the Governments on the Continent be form'd into one, by being brought under one Vice- Roy, and into one AfTembly. For furcl/ if we in Earned belicv'd that there was or would be hereafter, a Difpofition in the Provinces to rebel, and declare thcmfelvcs inde- pendent, it would be good Policy to keep them difunited i bccaufe if it were poffible they could contrive fo wild and rafh an Under- taking, yet they would not be hardly enough to put it in Execution, unlefs they could firft ftrengthen themfelves by a Confederacy of all the Parts. But to return from this fliort Digreifion : Our Neighbours of Holland, who are allow'd to be a wife State, did not entertain tljefe Jealoufies of their Subjcdls in India, when they were a young and growing Plantation, nor do they even now when they are a potent flourifhing People. Had they done fo, and in Confequence of it reftrain'd and check'd them, Holland would not at this Day have drawn fuch immenfe Riches from that Part of the World, and fur- nifh'd all Europe with Indian Commodities. Aid yet what Reafon can be aflign'd for the Jealoufies we entertain of our Colonies, which the Dutch have not, and far ftronger with Refpeil to their 5:?/^v/tf» Subjefts ? If the Diftance be urg'd as an Argument,cvery Body knows that New-England is but a thoufand Leagues from the Brttijh Shore, but the Dutch muft run eight Times that Ground from Amjierdam before they arrive at Baiavia, Or if the Number and Power of the Inhabitants Ihould give any Umbrage, this is an Article which, with RefpeCl to Batavia, won't admit of the mofl: diftant Comparifon. The General of that Place maintains a Pojt fuperiour to many Sovereign Princes in Europe, and has all the Kings in Java in a Manner Tributary to him. He has 3000 ftand- ing European Troops, not reckoning the Natives ; and all the Dutch Inhabitants live in that flowing Wealth and Plenty, which m:ikes Batcjvlii (34) fc Batavla look like the Capital of a great and mighty Empire. But do the States of Holland look on this their profperous Condition with envious or jealous Eyes ? Juft the Reverfe ; they do every Thing in their Power ftill to promote and advance it, well knowing their foreign Plantations can't thrive, but they muft receive the Benefit of it themfelves,and therefore juftly efteem theWealth of their Subjects abroad as their own Riches. Why then ftiould not Great Britain form the fame Judgment, and proceed by the like Mea- fures in Regard to her American Dominions, from whence (he re- ceives the greateft Advantages ? It were no difficult Tafk to prove that London has rifen out of the Plantations, and not out of England, 'Tis to them we owe our vaft Fleets of Merchant Ships, and confe- quently the Increafe of our Seamen, and Improvement of our Na- vigation. 'Tis their Tobacco, Sugar, Filh, Oil, Logwood, an J other Commodities, which have enabled us to fupport our Trade in Europe, to bring the Ballance of fome Countries in our Favour, which would otherwife be agalnft us, and to make the Figure we do at prefent, and have done for near a Century pafi:, in all Parts of the commercial World. The Mother Kingdom muft therefore needs rejoice in the Pro- fperity of every one of her Colonies, becaufe it is her own Pro- sperity. The Fable of the Belly and Members illuftrates this Argu- ment. It would be unreafonable for the Belly to grudge the Labour of digefting the Food, and difperfing the Blood and Juices to the extream Parts, feeing they return purify'd and exalted in the Cir- culation. There's a clofe Analogy between the Natural Body and the Body Politick ; as in the one, a Finger can't ake, but the Whole feels it, fo in the other, the remoteft Plantation can't decay, but the Nation muft fuiFer with it. If it be faid that the Charter Colonies are not fo valuable as fome of the reft, I anfwer, that the Inhabitants have the more Need of their Charters to make them amends ; for People muft have fome Encouragement to fit down on a cold and barren Soil. Yet I have; fhown before, that they are many Ways of great Ufe and But edition every lowing ve the of their : Great Mea- [he re- 3 prove 'ngland» confe- mr Na- il, and Trade favour, »ure we U Parts :he Pro- vn Pro- Is Argu- Labour s to the the Cir- ady and but the 't decay, iluable as le more pie muft ren Soil, ;reat Ufe and ( 35) and Advantage to the Crown j to which I add, that they will be more fo than ever in a few Years, to ftrengthen the Britijh Empire in y/wmfdf againft the formidable Settlement o^ Loljiana^ which for fome Years paft has been carry *d on by the French with great Ex- pence, and with the utmoft Vigour and Application. This Country was given by the late French King to the Sieur Croizat, but is now (as every Body knows) in the famous Mijpftppi Company, who have a Fund of an Hundred Millions of Livres for this very Purpofe, and are daily fending over a vaft Number of People for Tillage, as well as all Sorts of Artificers, with proper Materials for making a Settle- ment. It is fituate on the great River of MiJ/lftppi, and by Help of the fuperiour Lakes and Rivers, on fome of which the French have already cred:cd Fortrefles, a Communication may be made between Neiv- France and the Gulph of Mexico, which indeed v/as the very Scheme of the French Court in projefting this Enterprize, as is exprefly declar'd in the Preamble to Jroizat's Patent. 'Tis eaO then to fee, that the French will be hereby enabled to draw a Line, and in Time have a Chain of Towns oh the Back of all our Colonies, from the Borders of Cape Breton to the Weftermoft Part of Carolina. And what Briton can confider this, without being in Pain for the Fate of our Provinces in future Times ? Efpecially fmce we know that the Adinois, and other warlike hdiiin Nations, lye near the French, and for many Reafons, which it would be too much a Digreffion to recount here, are devoted to ineir Intereft, and by Confequence ready at all Times to join thtir Forces in any Attempt againft us. This being the Cafe, I think, with humble Submiffion, it is very prepofterous t© amufc our felves with vain, maginary Profpcds of what is fcarce poflible to come tc pafs, and negU6t doing what is abfolutely neceflary j I mean, the enlarging and fupporting our Provinces, that they may be able to defend themfelvcs againlt being one Day totally extirpated by a foreign Power. And then 1 have only to fuggeft an old approved Maxim, That every Thing is hcf preferred by the fame Principles by ivhich it was at firjiform'd, and confequently the beft Method of encouraging the Chapter Colonies is, to preferve their Privileges inviolate, without which they had never been fettled. Another ( 3')» n :i' . I' [Hi. The ^d Propofition, That it is not the In- iereji of the Crown to refume the Charters if forfeited. Another Propofition I advanced was. That if thcfe Governments fhould be adjudged to have forfeited their Char- ters back to the Crown, yet it is not the true Intereft of the Crown to refume them. It is a generally receiv'd Opinion, That the People in the Plan- tations have an Intereft diftinft from that of the Crown ; when it is fuppos*d at the fame Time, that the Interefl of the Governours, they being the King's Reprefentati^cs, is one with the Crown j and from thefe Premifes it is concluded, that there can't be too much Power given to the Govern: urs, or too little to the People. Where- as, with humble Submifllon, I conceive this to be a very wrong Judgment, and th?,t the Reverfe of it is true. The only Intereft of the People is to thrive and flourifh in their Trade, which is the true Infjreft of the Crown and Nation, becaufe they reap the Profit of it. When on rhe other Hand, the View that Governours gene- rally have is private Gain, which being too often acquir'd oy dif- cuuraging and oppref]ingTrade,it is not only an Intereft diftindl from thatofthv.iJrown,but extrcamly prejudicial to it.TheTrade of a young Plantation is like a tender Plant, and fhould be cherifh'd with the fondeft Care ; but if infte-\d of that, it meets with the rough Hand of Oppreflion, it will foon die. The proper Nurfery for this Plant is a free Government, where the Laws are facred. Property fccure, and Juftlce not only impartially, but expeditioufly diftributed. For to what Purpofe (hall the Merchant expofe his Eftate to the Dangers of the Sea, the Enemy, and many more Accidents, if after all he can't fave it at Home frora Rapine and Violence ? As this is evident, fo is it that whatever injures the Trade of the Plantations, muft in Proportion aft'e (hown it to be more than pofliblc. I don't however intend, by what is here faid, to reproach our own Nation, as if we were greater Sinners than others, or to reflect on the prefent Times, as if they were worfe than the former. I know that the fame Abufes have been pra£lis'd in every Age as well as this, and in foreign Colonies as well as our own. The ancient Remans were as brave and as vertuous a People as any in the World, and yet their Proconfuls or Governours were very (juiky in this Refpeft. Their Corruption was fo notorious as to be diflingullni'ii by the Name of Crimen Repetundarum^ a Phrafe not us'd in any other Meaning, a^.d j'eriv'd from the Obligation which the Roman Senate laid on the/ ' '^j\'^rnours to make Reftitution. Nor have who rnodern Governours in the French and Spanijh Plantations been lefs Criminal. It's a famous Story of a Great M:- nifter at the Court of Madrid, who writ to his Friend the Vicc- Roy of Peru, that great Complaints were made againft him, for ha- ving extorted immenfe Sums of Money from the People in his Government j IVhich, fays he, / luij}) ma^i he true, or clfc you are undone, xt feems the fame Thing that wounded him was neceflary F to (38 ) i 11 J')'-' to heal him ; and what put him out of Favour, vm the only Thing could reftore him. • ' • ; ' i- Indeed it can hardly be expe^ed, but thefe Corruptions muft happen, when one confiders, that few Gentlemen will croft the Seas for a Government, whofe Circumftances are not a little Streight at Home, and that they know by how flight and uncertain a Tenure they hold their CommifTions ; from whence they wifely conclude, that no Time is to be loft. And then for the Account to be ren- dred at Home, that is not thought of at fo great a Diftance, for Procul a Jove^ procul a Fulmiue, \ To enlarge then the Power of Governours, is to give them greater Power to opprcfs ; and to vacate the Charter is to enlarge their Power, the Government in 'nt Cafe, of Courfe devolving up- on them ; as we fee in thofe x ' >• ons which never had any Charters, but are immediately depen ,nt on the Crown. There they have, in a Manner, the entire lepiflative and executive Powers, or at leaft fo great an Influence on the conftituent Parts of the for- mer, as leaves them little more than nominal Sharers, ferving rather aK Screens to the Governour than a Defence to the People, The Militia is abfolutely vefted in the Governours, which influences all Ele«Stions of Reprefcntatives : They appoint Judges, Juftices, Sheriffs and other civil Officers, with the Confent, it's faid indeed, of th^ Council ; but that fuch Confent voluntary or involuntary, will ever be refub'd, feems too much to be expedcd, if we confidcr, that tho* the Governours do not indeed appoint the Council, yet they recom- mend proper Perfons to the King ; and it may be fuppofed, that a Gentleman who is intrufted with the chief Command of a Province, and is adually on the Spot, will he thought the beft Judge who arc fit to ferve, and therefore his Recommendations will almoft always prevail. Defides, if there be a Turn to ferve, or an Emergency* real or imaginary, and any of the Members fhould be fo refradtory a^ not to give into his Meafures with an implicit Faith, the Governour can fufpend as many of them as he pleafes ; and when he has reducM the Board, under a Number limited in his InftrujSlions, he can then fill it up to that Number injlanter with whom he pleafes ; and who will they Le, may we prcfume, but fuch as are paflively obedient to hii V V ( 39) his Will ? And too many fuch there are to be found in all Colonics fo conftituted, who are content to be y^fi^i//^^/ themfelves, provided they may ride others under the chief Rider. I muft farther obfcrve, that where there arc no Charters, there are Courts of Equity efta- blifti'd, in which the Governour is always Chancellor, and for the moft Part Chief Juftice, and Ordinary at the fame Time ; which puts the Ettate, Lives, and Liberties of the Inhabitants, faving the Liberty of Appeal at Home, entirely in his Difpofal ; and even an Appeal in all Cafes under a confiderable Sum, in all Cafes of the ordinary JurifdicSlion, and in all Cafes Capital, is either difaliow'd by his Inftruitions, or wholly in the Governour 's Breaft to allow or not. The Sum of my Argument is, That the Benefit which Gre/it Britain receives from the Plantations arifes from their Commerce : That Oppreflion is the moft oppofite Thing in the World to Com- merce, and the moft deftrudive Enemy it can have : That Gover- nours have, in all Times, and in all Countries, been too much in- clin'd to opprefs : And, confequently, it cannot be the Intereft of the Nation to encreafe their Power, and Leften the Liberties of the People, I am fo fanguine in this Opinion, that I really think it would be for the Service of the Crown and Nation to incorporate thofe Governments which have no Charters, rather than Disfranchize thofe that havf.>. The laftThingl proposM to confider T/;^ 4//^ Propofition, was, How far it may be confiftent with That it feems inconjijhnt Juftice, to deprive the Colonies of their ivith Jnjiice to Disfran- Charters, without giving them a fair chi%e the CharterColonies Trial, or any previous Notice. by an A6i of Parliament, It is certain, that Bills of Attainder, fuch as this would be, have been feldom iis*d in England^ and then only upon the moft extraor- dinary Occafions : As when flagrant Crimes have been committed of a new and unufual Nature, againft which the Law had made no Provifion ; or when the WitnefTes have avoided, and perhaps by the Contrivance of the Party j or laftly, whirh i? the moft common F 2 Calb •■-15>.., 4 ^ I I Kl V- sty ■ ■ ■J i\' hV ( 40) Cafe, when the attainted Perfon having himfelf abfconded, and fled from Juflice, has thereby made fuch an extrajudicial Proceeding jufti- iiable. h is alfo as certain, that neither of thefe Things can be pleaded in the prefent Cafe, which I need not be particular in (how ing, becaufe not fuggefted, nor is there the leaft Colour for fuch a Suggeftion. And yet I pretend to know the People in the Charter Governments fo well, and to be fo thoroughly acquainted with their meek Principles of Obedience, that I dare aflirm, if fuch an Ad: fhould pafs, however rigorous and fevere ihey might think it within thcmfelves, they would not let fall an indecent Word of their Su- periours, but would receive the News with the loweft Submiflion • So great is tlieir Loyalty to the King, and fo profound their Regard for the Refolutions of a BritiJJ) Parliament, the wifeft and moft auguft Aflembly in the World. However, feeing there is no fuch Aci already pafs'd, and 'tis to be hop'd, from the Honour and Ju- ftice of Parliaments, never will, it can't be thought a Crime modeftly to State the Hardfhip of the Cafe : I don't mean with Refpedt to the Merits of if, which have been already confider'd, but as to the Man- ner of Proceeding by Bill in Parliament, It is a moft facred and un- alterable Rule of Juftice, and has ever been fo efteem'd by all the civiliz'd Nations of the World, that no Perfon be depriv'd of Life, Liberty or Eftate, or any Thing he pofleffes, 'till he has had Time 2nd Opportunity to make his Defence. And if the Matter in Judgment be of great Value, dearly paid for, and long enjoy'd, it adds much to the Weight of the Argument, and aggravates the In- jury in depriving the PofTeflbrs unheard. Now this is the Cafe of the Charter Governments. How great the Purchafe-Confideration was, has been before faid ; but how valuable the Charters thcmfelves are, can never be faid. Liberty being cftimable. And for the Time they have enjoy'd them, were they not on Record, it would be what the Civillians call Immemorialy one of them being above Four- fcore Years ftanding. It feems therefore a Severity without a Pre- cedent, that a People, who have the Misfortune of being a Thou- sand Leagues diftant from their Sovereign, a Misfortune great eno* ^n it felf, fliould unsummon'd, unheard, in one Day be depriv'd of all their valuable Privileges, which they and their Fathers have enjoy'd for near a hundred Years. It's true, the kpiflative Po'»er and fled ngjufti- can be n (how* r fuch a Charter ith their an A£t it within leir Su- miffion • Regard id moft no fuch and Ju- modeftly a to the he Man' and un- yrall the of Life, ad Time latter in oy'd, it the In- Cafe of ideration emfelves ;heTime rould be ic Yoxxx' t a Pre- i Thou- eat eno* Day be r Fathers ciflative Power ( 41 ) Powe"- is abfolute and unaccountable, and King, Lords and Com- mons may do what they pleafe ; but the Queftion here is not about Power ^ but Right : Jnd jhall not the fupreme Judicature of all the Nation do right ? One may fay, that what die Parlia,.iient can't do juftly, they can't do at all. In Maximis minima eji Urentia. The higher the Power is, the greater Caution is to be us'd in tiic Exc' cution of it, becaufe the Sufferer is helplefs and without Refort. When in an arbitrary Reign, the Charter of New-England was vacated, a .^0 JVarrant iirft gave the Colony Notice to prepare for their Trial. Altho' this was a Profecution at Law, and the highCourt of Parliament is not ftriilly confin'd to the Forms of the Courts be- low, yet i* is not doubted but the great Fountain of Law and Juftice will have -me Regard, if not to all the Rules made for inferiour Judicatures, yet to fuch as are eflential to Juftice. And fo in other Cafes it has. For the Purpofe ; If a Bill be brought into the Houfe of Commons that touches any Man's Property in Ireland^ it muft lie thirty Days, that the Party may have Notice, and not fuffer unheard. Why then fhould not a reafonable Time be allow'd to the Subjeds in Americay in Proportion to their more diftant Situation ; feeing they are no lefs the Subje£ls of the Crown, than the Inhabitants of Ireland '^ and Liberty is at leaft as valuable as Property ; and furely the Con- cern of whole Provinces challenges as much Regard as the Intereft of a Angle Perfon. If it fliould be faid, as I confefs a great Minifter once faid to me. That the Regulation of Charters mujl be looked on as Part of the publick Oeconomy^ and not as the Affair of any particular Perfon or Province ; I humbly apprehend, with the utmoft Deference to that great Perfon, that this does not reach the prefent Cafe. It's indeed very reafonable that all publick Affairs be fubjed to the De- termniation of the publick Wifdom, and there's no Occafion to notify any Body, becaufe every Body is fuppos'd to be prefent in the repre- fentative Body of the Whole ; but here the Provinces to be ccnfur'd and depriv'd have no Rcprefentative in Parliament, and confequeiit- ly muft be confider'd as abfent Perfons fuffering unheard. I KNOW of but one Thing more that can be faid to palliate a Pro- ceeding againft the Charters in this Way> which is. That tbcProvinces ahvin's A 15 >. A .r^' t* (42)^ always have their refpe^ive Agents at Courts who may be heard by , Petition before th/ Bill pajfes into an ASl. To which I anfwer, Firji^ That fometimes they have Agents here, and at other Times they have not. l^ext. That a Bill niay pafs into an Ail without th» , ' .Knowledge pOihe Agents, they having no Citation. 'I'his had once y jy^fi to Kive been the Cafe, when a Bill of this Nature was formerly ^ % brought into the Houfe of Commons j and certainly had prov'd fo, if the Agent for New- England hz^ at that nice Jundture been indif- pofed in his Health, or but a Day's Journey out of Town, or if he had not been more than ordinarily adive and diligent when he was in Town. And laftly, I muft obfcrve that Agents are only inflruc- ted in Things that- fall within the ordinary Courfe of Bufinefs, and when any Thing of a new and extraordinary Nature is brought on the Carpci", they have a general Inftrudlion to pray for Time in or- der to notify their Principals, and receive their fpecial Commands, Befides, it's well known that the Right Honourable the l.ords Com- mifljoners for Trade and Plantations were, at the Time before-men- tioned, prepared to urge many Complaints both new and old ; to wbich.Fadts it hqid been imppffiWc for any Agent to anfwer ore tenus, without being ever appriz'd of tl)fn;i. „,fj ^^, :y±v:n.ji-^ i / ^uv^\^ - To conclude. What thefe Govermtients deiitc of their Superiours at Home is. That they may hot be judgM and condemn'd ' unheard, .And I cannot but flatter my felfthcy will obtain it, whether I con- fider die Reafonablencfs of the Demand it fclf, or the celebrated Juf- tice and Lenity of His Majefty's Government, or the Importance of the Thing in Queftion to the Provinces concern'd. I mention this laft Particular, being fure they would reckon tlie Lofs of their Privi- leges a greater Calamity, than if their Houfes were all In Flames at pnee. Nor can they be juftly blam't3,the one being a repairableEvil, but the other irrepairable. Burnt Houfes may rife again out of their Afhes, and even more beautiful than before, but 'tis to be fear'd that \UheTty once lojl, is lojlfor ^verl,': . :''. : t.'.a"'/ m;!iV> \ j-vi^-js'-^^J^-vi THTrs I have ventur'd into the World myThoughts on the New* Engliincl Charters I happy ! if my imperfedl: Eflay may provoke fome learned Pen to do full Juftice to the Subjedt, which yet in the great ./.,-, . - .• . ^ . u'-^r,r. . ., : , ,,,.- ..,..;■... Scarcity vScnrcity of I'ricivls that these Govcnimontfi have, f.ccnif. loo mudi to he cxpccte.l. In the iiu-an Time, beiiiK my self a Native of one of thcni. I could not forhcrvr showing my (UKxl-vvill ; for how little soever one is able to write, yet when the Liberties of one's Country are threateu'd. it's still more dinicnlt to be silent. The dumb Son of Croesus, when he saw an Attcmi)t made on his leather's Life, broke into a sudden Speech by a strong IvlTort of Nature. It's a fine Passage in Sallust, which I've plac'd in the Title-page of this little Work, Pulchrnm est Patriae benefacere, etiani benedecere baud absurdmn est. Every Man would be ambitious to do his Country each of the.se Services, and if I have not been fortunate enough to attain to either of 'em, THIS shall be n.y Satisfaction, that I h:ive always aim'd and cndeavonrM at both ^ ^ % ^A.