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tinued, with the substitution of the President and Council for the Governor and Assistants; but, according to the directions of the commission, appeals to England were allowed, — an innovation in Massachusetts. Stoughton was appointed deputy-president and chief justice. Although the form of the courts remained the same, there was much more system and carefulness of procedure: a probate court was established in Boston, and a record of births, marriages, and deaths was ordered to be kept. Since the commission did not allow the levying of new taxes, the old excise and custom duties were continued, and a system of judicial fees was also established.1
The posts of collectors of the ports and clerks of the county courts were great prizes on account of the fees attached to these offices. In Boston, much to Randolph's disgust, Dudley appointed his son Thomas, "a stripling of 16 yeares old," as collector, and added some of Randolph's perquisites to the office.2 In Maine and New Hampshire, however, Randolph had freer hand, and sold the right of exercising these functions to deputies for the sum of ten pounds a year.3 These and other positions were all filled with men "well affected to his Majtte, the cheifest whereof being Members of the Councill."4
In the executive and administrative relations with the territories under his control, Dudley and his Council accomplished some really constructive work. The Indians of New Hampshire and Maine were induced to renew their treaties of friendship, though there were signs of an approaching outbreak of hostilities.6 The Narragansett country, the King's Province, was visited by Dudley on June 23, and he held there
1 "Dudley Records," 241-243.
* Randolph to Southwell, July 10, 1686, Toppan, Edward Randolph, iv. 91.
•"Dudley Records," 261.
•Toppan, Edward Randolph, iv. 81.
1 Palfrey, History of New England, iii. 503.
a formal court in which he published his commission, administered oaths, and appointed militia commanders.1 The courts of justice were reorganized,2 long-inherited disputes were settled, and an efficient government in that turbulent and disputed region was established. This work, peculiarly congenial to Dudley, was well done, and its effects were permanent; indeed, whenever in his career Dudley had a fair opportunity to exercise his administrative ability he was usually successful.
As soon as the Council was fairly organized, it prepared an address to the king and a report to the Lords of Trade. To the king the councillors expressed their gratitude for granting freedom of religion, and prayed for further commands for "the more intire dependance of Your Majestles Territory and Dominion upon Your Majtle* Sacred Person, and the Crown of England for future times for ever."3 To the Committee they reported what they had done, and said that the militia was in the hands of those well affected to the government, "the cheifest whereof being Members of the Councill."4 But their real spirit is seen in the following instruction, which was voted in the Council but which does not appear in their report to the Lords of Trade: "That it will be much for his Majty" service, and needfull for the support of the Government, & prosperity of all these Plantations, to allow a well regulated Assembly to represent the people in making needfull lawes and levyes."6
One of Randolph's most frequent complaints against the former government was that it did not tolerate the services of the Church of England. In order to rectify this defect, the
1 Massachusetts Historical Society, Collections, ist Series, v. 246. 'Rhode Island Colony Records, iii. 200.
• Toppan, Edward Randolph iv. 84. * Ibid. 80. »"Dudley Records," 244. commission for the new government directed that special encouragement should be given to those who conformed to the Church of England. To minister to these, the Reverend Robert Ratcliffe, a clergyman of the Established Church, was sent to Boston with Randolph by the Bishop of London. Both Ratcliffe and Randolph expected that some notice would be taken of this act, and that Ratcliffe would have some official part in the inauguration ceremonies; but he was ignored by Dudley, who more correctly judged the temper of the people and resolved to give as little offence as possible. Nor did the Council give Ratcliffe more encouragement: as there were but two churchmen on the board, — Mason, who soon went to England, and Randolph himself, — few favors were shown to the church. Ratcliffe first came before the Council and asked for a place in which to hold his services.1 Mason and Randolph suggested that one of the three churches in Boston be turned over to him; and when this was refused they obtained "the East-End of the Town House, where the Deputies used to meet; untill those who desire his Ministry shall provide a fitter place."2 Thinking that toleration meant support, Randolph and Ratcliffe suggested that each of the three Boston churches should contribute twenty shillings a year for the support of Ratcliffe's ministry; but the Council, finding that an amount equal to fifty pounds a year was raised among his auditors, decided that he should look to them for his support.3 Over this treatment, Randolph vented his spleen in a letter to the Archbishop of Canterbury, particularly blaming Dudley, of whom he says, "As to Mr. Dudley our President he is a N: Conformist minister & for severall
1 "Dudley Records," 253.
* Sewall's Diary, May 26, 1686, Massachusetts Historical Society, Collections, 5th Series, v. 141. • "Dudley Records," 262.
yeares preach'd in New Eng* till he became a Magistrate & So continued for many yeares, but finding his interest to faile amongst that party, sett up for a King's man, and when in London, he made his application to my Lord of London and was liked of by some about his late Maj,le* person . . . [but] I find him very treacherous."1
The people were greatly interested, and crowded to the town house when the first service was held on June 6, 1686.2 While the new ceremonies might attract the crowd, the ministers were alive to the intrusion, and exclaimed "ag* y* Common Prayer, calling it, mans Invention & there is more hopes that whoremongers & adulterers will go to heaven than those of ye C of Engd."3 Neither these harsh words nor the conduct of the Council improved Randolph's temper, and he did not scruple to multiply accusations. "They give encouragement to all phannatticks of all Sects & receive them from all places," he wrote to the archbishop.4 He reported that they had welcomed Mr. Morton, an excommunicated minister, and planned to make him president of Harvard College; and finally went so far as to accuse Dudley and his friends of appropriating for private ends funds entrusted to them for the evangelization of the Indians.8
Though the old government acquiesced in the change of rule, one of its last acts was to pass an order guarding its archives,8 and it was one of the unsuccessful attempts of Dudley's administration to gain possession of these records;
1 Toppan, Edward Randolph, iv. 103-110.
'Foote's Annals of King's Chapel, i. 42-51, contains an account of the organization of the church, and on page 44 gives a facsimile of the record of the first meeting, at which Benjamin Bullivant and Richard Banks were chosen churchwardens.
* Toppan, Edward Randolph, iv. 106. 1 Ibid. 131.
* J"ly 7 (?), 1686, ibid. 103-110. • Massachusetts Colony Records, v. 516. but, though letters were despatched to Rawson, the secretary of the former government, and committees were appointed to receive the archives,1 the papers were not surrendered until the administration of Andros. The treasurer of the old government gave less trouble, and his accounts were received on July 17, 1686.2
The only open resistance that Dudley experienced came from a few isolated individuals, and these were dealt with shortly and sharply. Four men who failed to observe a fast appointed by the President and Council were called before the Council and forced to make submission and take the oath of allegiance.3 One John Gold of Topsfield was also summoned for speaking "seditious words"; he was bound over and tried by the Superior Court, where he was found guilty and sentenced to pay a fine of one hundred pounds and to give a bond for his future good behavior. This sentence was afterwards reduced to twenty pounds, and finally Gold was discharged;4 but the lesson was well learned, for there is no further record of any seditious speaking, of which Dudley was at all times peculiarly suspicious.
Dudley owed his position to Randolph, who entirely misjudged his character. Randolph imagined that Dudley's willingness to serve the king and to profit personally by the change in government would give himself a free hand to make his fortune and to obtain a reward for the eleven years of difficult labor which he had performed. He thought that there should be a partnership for plunder between him and Dudley; and when he found that the President intended to
1 "Dudley Records," 250, 271, 273, 281.
• Ibid. 235, 263.
* Ibid. 262, 263, July 27, 30, 1686.
4 Ibid. 263, 264, 269, 276, July 30, August 5 and 25, September 25, November 9, 1686.