169. In another case
mentioned by Mr. Palfrey, it is clear the public feeling was not with
the local Government, which pretended to absolute independence of
Parliament, and called the entrance of a parliamentary war vessel into
its harbour, and action there, a "_foreign_ encroachment." A Captain
Stagg arrived at Boston from London, in a vessel carrying twenty-four
guns, and found there a merchant vessel from Bristol (which city was
then held for the King), which he seized. Governor Winthrop wrote to
Captain Stagg "to know _by what authority_ he had done it in _our_
harbour." Stagg produced his commission from the Earl of Warwick to
capture vessels from ports in the occupation of the King's party, as
well in harbours and creeks as on the high seas. Winthrop ordered him to
carry the paper to Salem, the place of the Governor's residence, there
to be considered at a meeting of the magistrates. _Of course the public
feeling was with the Parliament and its officers_; but it was not so
heedless as to forget its jealousy of _foreign encroachment_ from
whatever quarter. "Some of the elders, the last Lord's Day, had in their
sermons reproved this proceeding, and exhorted magistrates to maintain
the people's liberties, which were, they said, _violated by this act_,
and that a commission could not supersede a patent. And at this meeting
some of the magistrates and some of the elders were of the same opinion,
and that the captain should be forced to restore the ship." The
decision, however, was different; and the reasons for _declining to defy
the Parliament_, and allowing its officer to retain possession of his
prize, are recorded. The following are passages of this significant
manifesto: "This could be no precedent to bar us from opposing any
commission or other foreign power that might indeed tend to our hurt or
violate our liberty; for the Parliament had taught us that _salus
populi_ is _suprema lex_."[96] "If Parliament should hereafter be of a
malignant spirit, then, _if we have strength sufficient_, we may make
use of _salus populi_ to withstand any authority from thence to our
hurt." "If we who have so openly declared our affection to the cause of
Parliament by our prayers, fastings, etc., should now oppose their
authority, or do anything that would make such an appearance, it would
be laid hold on by those in Virginia and the West Indies to confirm them
in their rebellious course, and it would grieve all our godly friends in