Sir Henry also succeeded in getting a copy of the various charges against the colony, which were thought to justify annulling her charter, and in obtaining a grant of time to submit them to the Connecticut General Court for a reply. The colony found that it was charged with encouraging violations of the Navigation Laws; with holding in contempt the Courts of Admiralty; with failing to furnish troops and to place them under officers of the Crown; with executing capital punishment without any authority in her charter; with encouraging manufactures, contrary to the known wishes of the Crown; with irregular and unjust court proceedings; with treating contumaciously the royal commissioners sent to settle the Mohegan land controversy; with injustice to the Quakers; with forbidding services of the Church of England; and with disallowing appeals to England. These were the more important complaints. In behalf of the colony, Sir Henry appeared before the Privy Council, and in able argument showed that many of the charges were without foundation; that some of the colony's acts which were complained of as unlawful were well within her charter privileges; and that the decisions of her courts, far from being illegal, had, in nearly every case, when brought to the attention of the English government, been approved by it. Further than this, the Connecticut agent obtained a stay in the proceedings of the Mohegan case,[n] though it was soon reopened and seriously menaced the colony until the settlement in her favor in 1743. In the famous Liveen or Hallam case, Connecticut opposed an appeal to the Crown, because such an appeal would give the Privy Council the right to interpret the charter and pass upon the colony laws.[o] Though Sir Henry Ashurst had succeeded in having many of the charges dropped, the danger had been so great to the colony that he privately advised the government to conciliate the Crown by protesting its immediate readiness to fulfill all military obligations, and, as a further proof of loyalty, to repeal at once the old law of 1657 against heretics which Queen Anne had just annulled (October 11, 1705) at the request of the Quakers. The General Court, as we have seen, followed his advice, and repealed the law in so far as it concerned Quakers. But this was not enough to satisfy other dissenters in the colony. The Rev. John Talbot had arrived in England in 1706 to plead in person [80] for an American bishop, and Colonel Heathcote in 1707 wrote [81] with respect to the Episcopalians in Connecticut that it would be absolutely necessary to procure an order from the Queen freeing the Church of England people from the established rates, or they would always be so poor as to be dependent upon the Society for Propagating the Gospel. He further asked the repeal of the law whereby the Connecticut magistrates "refuse liberty of conscience to those of the established (English) church." Colonel Heathcote adds that it would not be much more than had been granted to the Quakers, and that it "would be of the greatest service to the Church than can at first sight be imagined."
Villages Journal
The Development of Religious Liberty in Connecticut — Part 81
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