which, and his other great services, they nominated him to the King as
the most acceptable and deserving person they could think of for
Governor."--_Ib._, pp. 544, 545.]

[Footnote 215: Modern historians of New England generally speak of the
Massachusetts Colony as having been unjustly deprived of its first
Charter, after having faithfully observed it for more than half a
century, and of having been treated harshly in not having the Charter
restored. While Dr. Mather was earnestly seeking the restoration of the
Charter at the hands of King William, Mr. Hampden (grandson of the
famous John Hampden) consulted Mr. Hooke, a counsellor of note of the
Puritan party, and friend of New England. Mr. Hooke stated that "a bare
restoration of the Charter of Massachusetts would be of no service at
all," as appears both from the Charter itself and the practice of that
colony, who have hardly pursued the terms thereof in any one instance,
which has given colour to evil-minded men to give them disturbance.

"I. As to the Charter itself, that colony, should they have their
Charter, would want--

"1. Power to call a Parliament, or select assembly; for their many
thousand freemen have, thereby, an equal right to sit in their General
Assembly.

"2. Power to levy taxes and raise money, especially on inhabitants not
being of the company, and strangers coming to or trading thither.

"3. They have not any Admiralty.

"4. Nor have they power to keep a Prerogative Court, prove wills, etc.

"5. Nor to erect Courts of Judicature, especially Chancery Courts.

"II. The deficiency of their Charter appears from their practice,
wherein they have not had respect thereto; but having used the aforesaid
powers without any grant, they have exercised their Charter powers,
also, otherwise than the Charter directed:

"1. They have made laws contrary to the laws of England.

"2. Their laws have not been under their seal.

"3. They have not used their name of corporation.

"4. They have not used their seal in their grants.

"5. They have not kept their General Courts, nor

"6. Have they observed the number of assistants appointed by the
Charter." (Hutchinson's History of Massachusetts Bay, Vol. I., pp. 410,
411, in a note.)

It is clear from the legal opinion, as has been shown in the foregoing
pages, that the first Puritans of Massachusetts, though only a chartered
company, set up an independent government, paid no attention whatever to
the