It was a
worthless possession, whose revenue never paid for its defence; yet so
stubborn was the colony that it made haste to anticipate the crown and
thus become "Lord Proprietary" of a burdensome province at the cost of a
slight which was never forgiven. Almost immediately the Privy Council had
begun to open other matters, such as coining and illicit trade; and the
attorney-general drew up a list of statutes which, in his opinion, were
contrary to the laws of England. The agents protested that they were
limited by their instructions, but were sharply told that his majesty did
not think of treating with his own subjects as with foreigners, and it
would be well to intimate the same to their principals. [Footnote:
Palfrey, iii. 309.] In December, 1677, Stoughton wrote in great alarm that
something must be done concerning the Navigation Acts or a breach would be
inevitable. [Footnote: Hutch. _Hist._ i. 288.] And the General Court
saw reason in this emergency to increase the tension by reviving the
obnoxious oath of fidelity to the country, [Footnote: _Mass. Rec._ v.
154.]--the substitute for the oath of allegiance,--and thus gave Randolph
a new and potent weapon. In the spring [Footnote: Palfrey, iii. 316, 317;
Chalmers's _Annals_, p. 439.] the law officers gave an opinion that
the misdemeanors alleged against Massachusetts were sufficient to avoid
her patent; and the Privy Council, in view of the encroachments and
injuries which she had continually practised on her neighbors, and her
contempt of his majesty's commands, advised that a _quo warranto_ should
be brought against the charter.
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