A brief account concerning several of the agents of New-England, their negotiation at the…

That Phrase of Corporal Oath was altered, that so no Snare might be laid before such as scruple Swearing on the Book. A Clause was added, Confirming Grants made by the General Court, notwithstanding any defect that might attend the Form of Conveyance, that so Mens Titles to their Lands might not be invalidated, only for that the Laws which gave them their Right, had not passed under the Public Seal in the time of the former Government. Some other Alterations we prayed for, but we could not obtain them.

That Phrase of Corporal Oath was altered, that so no Snare might be laid before such as scruple Swearing on the Book. A Clause was added, Confirming Grants made by the General Court, notwithstanding any defect that might attend the Form of Conveyance, that so Mens Titles to their Lands might not be invalidated, only for that the Laws which gave them their Right, had not passed under the Publick Seal in the time of the former Government. Some other Alterations we prayed for, but we could not obtain them.

The Question now, was, Whether we should submit to this New Settlement? Or, in hopes of obtaining a Reversion of the Judgment ⟨p. 13⟩against the Old Charter, signify to the Ministers of State, that we had rather have no Charter at all, than such an one as was now proposed to acceptance? I knew that in the multitude of Councillors there is safety, and did therefore advise with many, and with Persons Unprejudiced, and of the greatest Wisdom and Ability to judge; with Noblemen, Gentlemen, Divines, and Lawyers: They all agreed, that it was not only Lawful, but, all Circumstances considered, a Duty to submit to what was now offered. Some said, They were very weak Men, and unfit to appear as Agents for a Colony, that should make any Question of it. Others said, That a peremptory Refusal would bring not only a greater Inconvenience, but a fatal Ruin on New-England; and then Mankind would lay the blame on the Weakness and Wilfulness of the Agents, who when they could not have what they would, ought to submit to what they could get. The Opinion of the Lawyers, was, That such a Passive Submission was not a Surrender, inasmuch as nothing was done under Hand and Seal: Nor could there be a Surrender in this case, since Judgment was already Entered and Recorded against the Old Charter: Nor were the Agents capable of Surrendering, as not being Plenipotentiaries; and that their taking up with this, did not make the People in that Colony, in Law, uncapable of obtaining all their Old Privileges, whenever a favourable Opportunity should present it self; for the World knew, that in a present parting with any of their ancient Rights, they were forced to yield unto Necessity. I remember, an Honest Lawyer, and a Well-wisher to New-England, told me, That if we were put to our Choice, whether to enjoy our Old Charter (which he was well acquainted with) again, just as it was, or to take up with this, (all things duly considered,) we were not wise if we did not choose this rather than that. It was considered, That a Judgment (right or wrong) not in Court of King's-Bench, but in Chancery, standing on Record against the Charter of the Massachusetts, whereby it was vacated and annihilated, that Colony was fallen into the Kings Hands; so that he might put them under what Governors, or what Form of Government he should please.