Pietas in patriam the life of His Excellency Sir William Phips, Knt. late Captain…

It was argued, That such a Submission was no Surrender of any thing; That the Judgment, not in the Court of Kings Bench, but in Chancery against the Old Charter, standing on Record, the Patent ⟨p. 59⟩was thereby Annihilated; That all attempts to have the Judgment against the Old Charter, taken off, would be altogether in vain, as Men and Things were then disposed.

It was argued, That such a Submission was no Surrender of any thing; That the Judgment, not in the Court of Kings Bench, but in Chancery against the Old Charter, standing on Record, the Pattent ⟨p. 59⟩was thereby Annihilated; That all attempts to have the Judgment against the Old Charter, taken off, would be altogether in vain, as Men and Things were then disposed.

It was further argued. That the Ancient Charter of New-England, was in the Opinion of the Lawyers, very Defective, as to several Powers, which yet were absolutely necessary to the subsistence of the Plantation: It gave the Government there no more Power, than the Corporations have in England; Power in Capital Cases was not therein particularly expressed.

It mentioned not, an House of Deputies, or, an Assembly of Representatives; the Governor and Company had thereby (they said) no Power to impose Taxes on the Inhabitants, that were not Freemen, or to erect Courts of Admiralty. Without such Powers, the Colony could not subsist, and yet the best Friends that New-England had, of Persons most learned in the Law, professed, that suppose the Judgment against the Massachuset-Charter might be Reversed, yet, if they should again Exert such Powers, as they did before the Quo Warranto against their Charter, a new Writ of Scire Facias would undoubtedly be issued out against them.