Monday, June 23, 2008

"Weak ones among ourselves" would be ruled by England

The Massachusetts Bay Colony had an ongoing battle with Parliament over its royal patent, issued by Charles I and given to John Winthrop to carry over to New England with the Puritan settlers in 1630.

The patent gave the colony's governor and officers the power to make laws for themselves and basically to be self-governing, so long as their laws did not contradict the laws of England.

What's interesting there is that the colonists were supposed or allowed to make their own laws. If those laws were not supposed to contradict those of England, then why allow them to make laws at all? Why not just say "follow the laws of England"?

The answer may be twofold. First, on England's side, there was no real written body of laws, no constitution, to copy and take with them. Second, on the Puritans' side, there was the understanding that special and/or unexpected conditions in the New World might call for new laws not pertinent to England. But on MBC's side, there was also the firm if unspoken intent to function as a nearly sovereign state. The battle it fought to remain so is amazingly similar to the battle against royal authority in which Massachusetts took the lead in the 1770s.

As early as 1634, the Commission for Regulating Plantations, headed by Puritan foe Archbishop Laud, was seeking a revocation of MBC's patent. In September 1634 Winthrop received a letter from the Commission stating its power to oversee MBC, call in its patent, make its laws, remove and punish its (elected) governors, "hear and determine all causes, and inflict all punishments, including death itself." Sounds remarkably like the terms of what we call "the Intolerable Acts" of 1774.

In January 1635 we find the MBC reacting to this threat, calling all ministers, the governor, and the assistants together in Boston to discuss "what we ought to do if a general governor be sent out of England." The decision was "we ought not to accept him but defend our lawful possessions (if we were able); otherwise, to avoid or protract [the confrontation]."

This very early decision not to accept direct rule from England is startling. This is from a colony only 4 years old, and far from secure. The MBC perceived threats from the French in Canada and today's Maine, the Dutch in New York and western Connecticut, and potentially the Pequots or Narragansetts in Eastern Connecticut. Yet it was determined to manage its own affairs.

Over the years, the MBC used the "avoid or protract" strategy to parry many requests that it send its patent back to England for "review." Winthrop particularly used a wide variety of ruses to avoid this. Once a demand for the patent was included in a packet of personal letters for Winthrop, and so, since the demand had not come by the usual official Parliamentary messenger, Winthrop decided it was not a valid demand, and instructed the person who had delivered it to him to say the letter did not exist.

By September 1638, there was "a very strict order" from the Commission for sending back the patent. Again the governor (Winthrop) and the court of assistants agreed not to do so, "because then such of our friends and others in England would conceive it to be surrendered, and that thereupon we should be bound to receive such a governor and such orders as should be sent to us, and many bad minds, yea, and weak ones among ourselves would think it lawful if not necessary to accept a [royal] governor..."

It's pretty astonishing to see English colonists at this early period (1638) stating that only the bad or the weak would think it lawful to accept a governor from their home country, from the king they are supposed to be loyal to, from the Parliament supposedly governing them.

The final quote on this could have come from 1775: in February 1641, the Long Parliament was in session, and its triumphant English Puritans wrote to MBC asking for its best men to come back to England to join Parliament and further their great work. The MBC's response?

"But consulting about it, we declined the motion for this [reason], that if we should put ourselves under the protection of the parliament we must then be subject to all such laws as they should make, or at least such as they might impose upon us, in which course though they should intend our good, yet it might prove very prejudicial to us."

It's no surprise that Massachusetts led the way to Revolution in the 18th century. From its English settlement it was led by people who were determined to self-govern. This determination was largely if not completely based on religion, in that the Massachusetts Puritans had left England in order to live under a government consonant with their religious principles. Before 1640 they would not be ruled by an Anglican Parliament. After 1640, they would not be ruled by any Parliament. (The English Parliament's espousal of toleration and presbyterianism quickly and completely alienated the Massachusetts Puritans, who then had dangerously difficult relations with the English Puritan government.)

The government the MBC Puritans set up was meant to function in complete harmony with Puritan religion in that the General Court did not make laws about religion, but left the Puritan church free to govern itself as it saw fit. In turn, the Puritan churches and clergy did not have the power to usurp civil laws. This balance of civil and religious freedom was too precious to the MBC to hand over their patent, or their freedoms, to Parliament.

If by the Founding period religion was not the primary motor for carving out a separate American identity from England, their belief in the right to self-governance gave the Puritans' descendants a long history with which to validate their rebellion.

1 comment:

Pinky said...

Your paper gives support to the idea that America was founded, solely, on the ideas of self government.