139] gave it as their
opinion that, supposing no decree had been rendered, and the same powers
were exercised as before, a writ of _scire facias_ would certainly be
issued, upon which a similar judgment would inevitably be entered. These
considerations, however, became immaterial, as the king was a statesman,
and had already decided upon his policy. His views had little in common
with those held by the Massachusetts ecclesiastics, and when the Rev. Mr.
Mather first read the instrument in which they had been embodied, he
declared he "would sooner part with his life than consent unto such
minutes." [Footnote: _Parentator_, p. 134.] He grew calmer, however, when
told that his "consent was not expected nor desired;" and with that
energy and decision for which he was remarkable, at once secured the
patronage.
The constitutional aspect of the Provincial Charter is profoundly
interesting, and it will be considered in its legal bearings hereafter.
Its political tendencies, however, first demand attention, for it wrought
a complete social revolution, since it overthrew the temporal power of the
church. Massachusetts, Maine, and Plymouth were consolidated, and within
them toleration was established, except in regard to Papists; the
religious qualification was swept away, and in its stead freeholders of
forty shillings per annum, or owners of personal property to the value of
forty pounds sterling, were admitted to the franchise; the towns continued
to elect the house of representatives, and the whole Assembly chose the
council, subject to the approval of the executive.
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