ot been heard before the Council; but
soon after, on presenting the address which had been forwarded by their
hands, they were commanded to show their powers and instructions to Sir
Lionel Jenkins, Secretary of State; and on their perusal, finding these
powers wholly inadequate, they were informed by Lord Radnor that the
Council had agreed _nem. con._ to report to his Majesty, that unless
further powers were speedily obtained, a _quo warranto_ should proceed
in Hilary Term." (Barry's History of Massachusetts, First Period, Chap.
xvii, p. 471. Hutchinson, Vol. I., p. 335.)]

[Footnote 183: _Note_ by the historian Hutchinson.--"The clergy turned
the scale for the last time. The balance which they had held from the
beginning, they were allowed to retain no longer."]

[Footnote 184: Hutchinson's History of Massachusetts Bay, Vol. I., pp.
336, 337.]

[Footnote 185: _Ibid._]

[Footnote 186: Palfrey's History of New England, Vol. III., B. iii.,
Chap. ix., p. 374. Mr. Palfrey, pp. 375, 376, in a note, gives the
following abstract of Randolph's charges presented to the Court: "1.
They assume powers that are not warranted by the Charter, which is
executed in another place than was intended. 2. They make laws repugnant
to those of England. 3. They levy money on subjects not inhabiting the
colony (and consequently not represented in the General Court). 4. They
impose an oath of fidelity to themselves, without regarding the oath of
allegiance to the King. 5. They refuse justice by withholding appeals to
the King. 6. They oppose the Acts of Navigation, and imprison the King's
officers for doing their duty. 7. They have established a Naval Office,
with a view to defraud the customs. 8. No verdicts are ever found for
the King in relation to customs, and the Courts impose costs on the
prosecutors, in order to discourage trials. 9. They levy customs on the
importation of goods from England. 10. They do not administer the oath
of supremacy, as required by the Charter. 11. They erected a Court of
Admiralty, though not empowered by Charter. 12. They discountenance the
Church of England. 13. They persist in coining money, though they had
asked forgiveness for that offence." (Chalmers' Annals, p. 462.)]

[Footnote 187: _Ib._, p. 377.]

[Footnote 188: "From this period (1683) one may date the origin of two
parties--the Patriots and Prerogative men--between whom controversy
scarcely intermitted, and was never ended until the separation of