[Footnote 93: Winthrop, II., 261. "The movement in Plymouth was made at a General Court in October, 1645, as appears from a letter of Winslow to Winthrop (Hutchinson's Collection, 154); though the public record contains nothing respecting it. I infer from Winslow's letter, that half the assistants (namely, Standish, Hatherly, Brown, and Freeman) were in favour of larger indulgence to the malcontents." (Note by Mr. Palfrey.)
(The majority of the General Court were clearly in favour of the movement; and knowing this, the Governor, Prince (the only persecuting Governor of the Plymouth Colony), refused to put the question to vote.)]
[Footnote 94: Hutchinson's History of Massachusetts Bay, Vol. I., Chap. v., p. 75.]
[Footnote 95: History of New England, Vol. II. p. 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 England, or any other of the Parliament's friends."--Palfrey's History of New England, Vol. II., pp. 161-163.