THE PERIOD OF BEGINNINGS
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ment. In the case, however, of certain of the defendants, judgment appears not to have been given till two years later . 1
The charge was that the Colony had acted extra vires of the Charter. On strict legal grounds there seems little doubt but that the decision of the judges cancelling the charter was fully justified. Causes, however, were at work which prevented this judgment from having practical results.
A proclamation forbade departure from the Kingdom, unless a license had been first obtained from the Commissioners of Plantations, accompanied by a Certificate that the intending emigrant had taken the Oaths of Allegiance and of Conformity to the Church of England. Correspondents from the Colony informed Laud that “the Massachusetts Bay Colony would seem to mean revolt and erection of a new government, but in truth they have long since decreed to spend their blood in maintaining their present way and humour.” 2 A proclamation 3 was issued appointing Sir F. Gorges Governor of New England. It was at the same time intimated that conformity to the Church of England would be strictly enforced. The outbreak of the Scotch rebellion gave the Home Government other things to think of. After that a temporizing letter 4 had been returned by the Colony to an Order requiring the handing over of their Charter, the Commissioners 6 expressed themselves only anxious to assert their authority, while leaving the liberty of the Colony practically as it was. They explained that the Charter should be replaced by a fresh one, and that the Colonial Government should have all necessary powers pending the grant of the new Instrument.
It thus appears that under Charles I. little had been done Results, for Colonial expansion. On the contrary, there was grave risk lest the important New England Colonies would be lost, so that the period of beginnings seems to end in gloom, and yet, to one who looks deeper, much already had been gained.
1 See Hutchinson, Mass. Papers, p. IOI.
2 Sainsbury, Cal., Nov. 29, 1638. 8 July 23, 1637.
4 Sept. 6, 1638. 8 May 1639, Winthrop, vol. 5 .