Gentlemen, In answer to your paper, No. 11, about the act of navigation, &c., The act for trade hath for some years been observed here, as our orders will declare, but conceive we have been misrepresented to his majesty, being not conscious to ourselves, that we have greatly violated the same, neither know we any law of ours against it; such as appeared so to be we repealed, as you may find in our law book sent unto you. For that instance given, wherein we are charged with injustice towards Mr. Thomas Deane and others, when the ship Charles, 'of Oleron, came (as is said) into the port of Boston, we cannot but believe, but that you will find it otherwise, when you have an account of our proceedings in that case, which we have ordered the secretary to present unto you; neither do we know that justice (according to a due form of law,) was denied him, or any other, or that any in authority here discountenanced or reproached him, or any of his partakers, for their proceedings in that cause. EDWARD RAWSON, Sec'ry. A copy of the Court's answer to the 12th instruction. Gentlemen, THE frame of our constitution is contained in our patent, whereunto we have endeavoured to conform ourselves, consisting of governour, deputy governour, assistants and freemen, by whom all our civil polity is administered, the freemen, upon the day of election appointed by patent, constantly choosing the governour, deputy governour, assistants and general officers, and by their deputies (themselves being too numerous) agreeing to all orders and constitutions for the well ordering of our affairs here, as may appear by our printed orders. For the carrying on of the said government, and other accidental charges, together with the maintenance of a garrison in the castle, and an annuity of one hundred pounds per annum to the president of the college, some charge for the encouragement of military exercises, and the destruction of wolves, there is levied by way of tax upon the inhabitants, and by other impositions vii. s. ex modis about twelve hundred pounds yearly. For our ecclesiastical constitutions we have never imposed by civil authority, but attendance upon publick worship upon the Lord's day, or days occasionally appointed. The people here (from whom the maintenance of the ministers, and the charge of erecting the places of publick worship, must and doth arise,) have the liberty of calling and choosing their own ministers, whose administrations are publickly known, and we hope generally consonant to the word of God, and primitive practice, and if any deviate from the same, we acknowledge, and have made use of the help of a synod, and the civil authority to regulate in such cases. Our militia is ordered into three regiments of foot, (besides some supernumerary companies) under three majors, and one major general, together with our troops, consisting of about 4000 foot and 400 horse, though possibly more may be in the lists (our orders requiring all men to be armed and listed) yet allowance must be made for aged and infirm persons. We have upon the channel, entering the harbour at Boston, a fort or keep, with a battery of 5 or 6 guns, and in the said harbour, two batteries at Boston, for the defence of the harbour, and one at Charlestown, commanding the minor part of the road. The number of our ships and vessels, according to our best information may be about 80, from 20 tons to 40; and from 40 tons to 100, about 40 sail, and of ships about 100 tons, about a dozen. By the Court, BOSTON, MAY 12, 1665. Gentlemen, EDW: RAWSON, Sec'ry. In answer to your paper, No. 9, touching his majesty's letter, dated 28th June, 1662: this court hath endeavoured formerly to satisfy his majesty's expecta tions therein, as may appear by our applications to him, and the making and executing some laws and orders, referring thereto, but yet, that our readiness may further be manifested to satisfy his majesty, whose grace and favour we highly prize, and whom to offend we hope shall never justly be imputed to us, we shall further say to the particulars of that letter, as followeth. Touching the oath of allegiance, the declaration of this Court, published in August last, in these words, to wit; This Court doth express and declare, that it is their resolution, God assisting, to bear faith and true allegiance to his majesty, and to adhere to their patent, the duties and privileges thereof, &c. will be a witness against us, should we be found to act contrary thereunto; and as for many of those persons, now in publick trust, as also a great part of the people here, they took the same at their coming from our dear native country, and as at the first constitution of this government, according to his majesty's charter, it was then observed and administered by one of the then masters of the chancery to Mr. Matthew Craddocke, the first governour of this plantation so we have ordered, that for the future, the same practice be observed in the administration of oaths to such as are admitted to the freedom of this country, or employed in publick trust, and to all other householders, who have not taken it already. ; Concerning the use of the common prayer book, and ecclesiastical privileges; our humble addresses to his majesty have fully declared our main ends, in our being voluntary exiles from our dear native country, which we had not chosen at so dear a rate, could we have seen the word of God warranting us to perform our devotions in that way; and to have the same set up here, we conceive it is apparent, that it will disturb our peace in our present enjoyments; and we have commended to the ministry and people here the word of the Lord for their rule therein, as you may find by your perusal of our law book-title ecclesiastical, page 25. For administration of justice in the king's name, it is, and hath been, for some time past, constantly practised. EDW RAWSON, Sec'ry. By the Court, BOSTON, 16th of MAY, 1665. Here follows a copy of the oath of allegiance. It is ordered by this Court, and the authority thereof, that the following oath be annexed unto the oaths of every freeman, and oath of fidelity, and to the governour, deputy governour, and assistants, and to all other publick officers, as followeth; The oath of freemen and fidelity to run thus; Whereas I, A. B. am an inhabitant within this jurisdiction, considering how I stand obliged to the king's majesty, his heirs and successors by our charter, and the government established thereby, do swear accordingly, by the great and dreadful name of the ever living God, that I will bear faith and true allegiance to our sovereign lord the king, his heirs and successors, and so proceed, as in the printed oaths of freemen and fidelity. The oath of the governour, deputy governour, assistants and other publick officers, to run thus; Whereas I, A. B. am chosen governour, &c. considering how I stand obliged to the king's majesty, his heirs and successors, by our charter, and the government here established thereby, do swear, &c. as above. By the Court, MAY 16th, 1665. EDW: RAWSON, Sec'ry. Given in by his majesty's commissioners to the Court, 18.3. 1665. Gentlemen, In reply to your answer to his majesty's instructions, No. 7, 8, We are heartily sorry to find, that, by some evil persuasions, you have put a greater value upon your own conceptions than upon the wisdom of his majesty and council, which argues either an unreasonable jealousy and distrust of his majesty's so often repeated graces and favours, intended towards his subjects here, or that his majesty is not a competent interpreter of your charter. His majesty sent us with commission to sit as a court of appeals, in these his majesty's dominions; but we are told, that the inviolable observation of your charter seems inconsistent with our hearing and determining complaints and appeals. Whereupon we have thought it necessary to reduce all the discourse hereof into one question, whereunto we expect your positive answer, which we shall faithfully report to his majesty, whether you do acknowledge his majesty's commission, wherein we are nominated commissioners, to be of full force to all the intents and purposes therein contained. MAY 18, 1665. RI: NICHOLLS, GEORGE CARTWRIGHT, To the General Court of his majesty's colony of the Gentlemen, WE wonder this Court should allege their applications to the king, to prove their endeavours to satisfy his majesty's most just expectations, since his majesty, in his letter, dated April 23, 1664, speaking of one of your own applications in answer to his letter of June 28, 1662, hath these words, "of which we shall only say, that the same did not answer our expectations, nor the professions made by your messengers; but we make no doubt but that when our commissioners shall confer at large with you upon those particulars, you will give us satisfaction in all we look for at your hands, which is nothing but what your charter obligeth you to, and which is most necessary for the support of government there ;" and in another of your applications, you were so far from endeavouring to give his majesty satisfaction in observing those things he enjoins, and which, by your charter, you ought to observe, (if you will allow him to be judge) that you complain of his majesty for |