ity of London was
already forfeited; and those of other English boroughs were in danger.
On June 27, a writ of _quo warranto_ was issued out of the Court of
King's Bench against the colony. The agents, refusing to defend the
suit, returned to New England, and the writ was given to Randolph to
serve. He reached Boston in October, but owing to delays in the colony
and a tempestuous voyage back, he was unable to return it to England
within the allotted time. The first attempt failed, but another was soon
made. By the advice of the Attorney-General, suit was brought in the
Court of Chancery by writ of _scire facias_ against the company, and
upon the rendering of judgment for non-appearance the charter was
declared forfeited on October 23, 1684.

Though the colony was given no opportunity to defend the suit, the
charter was legally vacated according to the forms of English law. The
colony was but a corporation, its charter but a corporation charter, and
in only one respect did it differ from other corporations, namely, its
residence in America. The methods of vacating corporate charters in
England were definite and in this case were strictly followed. Had
Massachusetts been a corporation in fact as well as in law, it is
doubtful if the question of illegality would ever have been raised; but
as this particular corporation was a Puritan commonwealth, the issue was
so vital to its continuance as to lead to the charge of unjust and
illegal oppression. On moral grounds a defence of the colony is always
possible, though it is difficult to uphold the Massachusetts system. It
was certainly neither popular nor democratic, tolerant nor progressive,
and in any case it must eventually have undergone transformation from
within. The city of Boston was increasing in wealth and importance, and
trade was bringing it into ever closer contact with the outside world.
There were growing up in the colony more open-minded and progressive men
who were opposing the dominance of the country party, which found its
last governor in Leverett, its chief advocates among the clergy, and its
strength in the House of Representatives, and which wished to preserve
things as they always had been. The leaders of this conservative party,
Danforth, Nowell, Cooke, and others, struggled courageously against all
concessions, but they were bound to be beaten in the end.

That the conservative members of the colony were thoroughly in earnest
and thoroughly convinced o