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Papers of the Winthrop Family, Volume 3

A Declaration in Defense of an Order of Court Made in May, 16371
Winthrop, John

1637-06

A Declaration of the Intent and Equitye of the Order made at the last Court, to this effect, that none should be received to inhabite within this Jurisdiction but such as should be allowed by some of the Magistrates

For clearing of such scruples as have arisen about this order, it is to be considered, first, what is the essentiall forme of a common weale or body 423politic such as this is, which I conceive to be this—The consent of a certaine companie of people, to cohabite together, under one government for their mutual safety and welfare.

In this description all these things doe concurre to the well being of such a body, 1 Persons, 2 Place, 3 Consent, 4 Government or Order, 5 Wellfare.

It is clearely agreed, by all, that the care of safety and wellfare was the original cause or occasion of common weales and of many familyes subjecting themselves to rulers and laws; for no man hath lawfull power over another, but by birth or consent, so likewise, by the law of proprietye, no man can have just interest in that which belongeth to another, without his consent.

From the premises will arise these conclusions.

1. No common weale can be founded but by free consent.

2. The persons so incorporating have a public and relative interest each in other, and in the place of their co-habitation and goods, and laws etc. and in all the means of their wellfare so as none other can claime priviledge with them but by free consent.

3. The nature of such an incorporation tyes every member thereof to seeke out and entertaine all means that may conduce to the wellfare of the bodye, and to keepe off whatsoever doth appeare to tend to theire damage.

4. The wellfare of the whole is to be put to apparent hazard for the advantage of any particular members.

From these conclusions I thus reason.

1. If we heere be a corporation established by free consent, if the place of our cohabitation be our owne, then no man hath right to come into us etc. without our consent.

2. If no man hath right to our lands, our government priviledges etc., but by our consent, then it is reason we should take notice of before we conferre any such upon them.

3. If we are bound to keepe off whatsoever appears to tend to our ruine or damage, then we may lawfully refuse to receive such whose dispositions suite not with ours and whose society (we know) will be hurtfull to us, and therefore it is lawfull to take knowledge of all men before we receive them.

4. The churches take liberty (as lawfully they may) to receive or reject at their discretion; yea particular towns make orders to the like effect; why then should the common weale be denied the like liberty, and the whole more restrained than any parte?

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5. If it be sinne in us to deny some men place etc. amongst us, then it is because of some right they have to this place etc. for to deny a man that which he hath no right unto, is neither sinne nor injury.

6. If strangers have right to our houses or lands etc., then it is either of justice or of mercye; if of justice let them plead it, and we shall know what to answer: but if it be only in way of mercye, or by the rule of hospitality etc., then I answer 1st a man is not a fit object of mercye except he be in miserye. 2d. We are not bound to exercise mercye to others to the ruine of ourselves. 3d. There are few that stand in neede of mercye at their first coming hither. As for hospitality, that rule doth not bind further than for some present occasion, not for continual residence.

7. A family is a little common wealth, and a common wealth is a greate family. Now as a family is not bound to entertaine all comers, no not every good man (otherwise than by way of hospitality) no more is a common wealth.

8. It is a generall received rule, turpius ejicitur quam non admittitur hospes, it is worse to receive a man whom we must cast out againe, than to denye him admittance.

9. The rule of the Apostle, John 2. 10. is, that such as come and bring not the true doctrine with them should not be received to house, and by the same reason not into the common weale.

10. Seeing it must be granted that there may come such persons (suppose Jesuits etc.) which by consent of all ought to be rejected, it will follow that by this law (being only for notice to be taken of all that come to us, without which we cannot avoyd such as indeed are to be kept out) is no other but just and needfull, and if any should be rejected that ought to be received, that is not to be imputed to the law, but to those who are betrusted with the execution of it. And herein is to be considered, what the intent of the law is, and by consequence, by what rule they are to walke, who are betrusted with the keeping of it. The intent of the law is to preserve the wellfare of the body; and for this ende to have none received into any fellowship with it who are likely to disturbe the same, and this intent (I am sure) is lawful and good. Now then, if such to whom the keeping of this law is committed, be persuaded in theire judgments that such a man is likely to disturbe and hinder the publick weale, but some others who are not in the same trust, judge otherwise, yet they are to follow their owne judgments, rather than the judgments of others who are not alike interested: As in tryall of an offender by jury; the twelve men are satisfied in their consciences, upon the evidence given, that the party deserves death: but there are 20 or 40 standers by, who conceive otherwise, yet is the jury bound to condemn him according to their owne consciences, 425and not to acquit him upon the different opinion of other men, except theire reasons can convince them of the errour of their consciences, and this is according to the rule of the Apostle. Rom. 14. 5. Let every man be fully persuaded in his own mynde.

If it be objected, that some prophane persons are received and others who are religious are rejected, I answer 1st, It is not knowne that any such thinge has as yet fallen out. 2. Such a practice may be justifiable as the case may be, for younger persons (even prophane ones) may be of lesse danger to the common weale (and to the churches also) than some older persons, though professors of religion: for our Saviour Christ when he conversed with publicans etc. sayeth that such were nearer the Kingdom of heaven than the religious pharisees, and one that is of large parts and confirmed in some erroneous way, is likely to doe more harme to church and common weale, and is of lesse hope to be reclaymed, than 10 prophane persons, who have not yet become hardened, in the contempt of the meanes of grace.

Lastly, Whereas it is objected that by this law, we reject good Christians and so consequently Christ himselfe: I answer 1st. It is not knowne that any Christian man hath been rejected. 2. a man that is a true Christian, may be denyed residence among us, in some cases, without rejecting Christ, as admitt a true Christian should come over, and should maintain community of goods, or that magistrates ought not to punish the breakers of the first table, or the members of churches for criminal offences: or that no man were bound to be subject to those lawes or magistrates to which they should not give an explicite consent, etc. I hope no man will say, that not to receive such an one were to reject Christ; for such opinions (though being maintained in simple ignorance, they might stand with a state of grace yet) they may be so dangerous to the publick weale in many respects, as it would be our sinne and unfaithfullness to receive such among us, except it were for tryall of theire reformation. I would demand then in the case in question (for it is bootlesse curiosity to refrayne openesse in things publick) whereas it is sayd that this law was made of purpose to keepe away such as are of Mr. Wheelwright his judgment (admitt it were so which yet I cannot confesse) where is the evill of it? If we conceive and finde by sadd experience that his opinions are such, as by his own profession cannot stand with externall peace, may we not provide for our peace, by keeping of such as would strengthen him and infect others with such dangerous tenets? and if we finde his opinions such as will cause divisions, and make people looke at their magistrates, ministers and brethren as enemies to Christ and Antichrists etc., were it not sinne and unfaithfullness in us, to receive more of those opinions, which we already finde the evill fruite 426of: Nay, why doe not those who now complayne joyne with us in keeping out of such, as well as formerly they did in expelling Mr. Williams for the like, though lesse dangerous? Where this change of theire judgments should arise I leave them to themselves to examine, and I earnestly entreat them so to doe, and for this law let the equally mynded judge, what evill they finde in it, or in the practice of those who are betrusted with the execution of it.

Ca. June, 1637
1.

Original not located; Hutchinson Papers (1769), 67–71; (1865), 1. 79–83; L. and L. , II. 182–186. The Massachusetts General Court, as an aftermath of the proceedings against Wheelwright in March, 1636/37, passed an order at the May session “to keep out all such persons as might be dangerous to the commonwealth, by imposing a penalty upon all such as should retain any, etc., above three weeks, which should not be allowed by some of the magistrates; for it was very probable, that they the Antinomians expected many of their opinion to come out of England from Mr. Brierly his church, etc.” Journal, I. 219; also printed in D.J.W. , entry for May 24, 1637 . The protests of those against whom the order was really directed were so strenuous that this defense of the Court’s action was drawn up. It has been universally attributed to Governor Winthrop. In due time there appeared an answer, commonly attributed to Vane, entitled “A briefe Answer to a certaine declaration, made of the intent and equitye of the order of court, that none should be received to inhabite within this jurisdiction but such as should be allowed by some of the magistrates.” Hutchinson Papers (1769), 71–83; (1865), 1. 84–96. This, in turn, evoked a further statement, also attributed to Winthrop, which is printed below (pages 463–476).

Roger Williams to John Winthrop1
Williams, Roger Wintrhop, John

1637-06-02

New Providence this 6th of this present weeke, toward midnight ca. June 2, 1637 Sir,

By John Throckmorton I was bold to advertize of the late mercifull Successe it hath pleased the Father of Mercies to vouchsafe to the first attempts of our Countrimen against these Barbarous.

After his departure toward you I went over to the Nanhiggonsick partly for Intelligence and partly to encourage the Nanhiggonsicks in case the sad newes of all their men and yours defeated were true.

I found the first newes of the Cutting of the whole Fort of the Pequts at Mistick to be certaine and vnquestionably true as I sent, with litle or no Variation, of which hereafter.

The Newes of the Cutting of 3 hundreth Nanhiggonsicks and all the English held still for Currant, and confirmed that they were opprest with multitudes their provision being spent and the English wanting powder and shot and the Nanhiggonsicks Arrowes.

I gaue the best reasons I could to perswade that they were all either gone togeather to Qunnihticut for provision or vpon some second assault vpon the other of the Pequt Forts.

As allso I was bold to promise (in Mr. Governours name) that allthough all these or more were cut of yet there should be fresh Supplies of the English who would never sheath their swords etc.

This 5th day past toward night I haue receaved tidings (blessed for euer be the Lord of Hosts) that the Nanhiggonsicks are all came safe home yesternight (at noone I came from thence) and brought word that the English were all safe but the first 3 slaine at the Fort with 2 of their owne.

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As allso that indeede they fought thrice that day of their first Victorie with no losse of their side and with the losse of 2 Pequts more.

That themselues and the English prepard next day after for their other Forts, found all fled, made themselues Lords of one in which both English and Nanhiggonsicks now keepe.

That Maumanadtuck one of their biggest with great Troops (as before he gaue out he could) is gone to Wunnashowatuckqut (the further Neepmucks.)

That Sasacous said he would to Long Iland, and thither is gone or hid in the Swampes but not a Pequt is to be found.

That Miantunnommu is come from Pequt to Nayantaquit and was resolved homeward to send out to Wunnashowatuckqut where the Enemie shelters and haue Forts.

Now Sir, considering the worck is effected (through the mercie of the most High) in these parts and that the Qunnihticut English togeather with Capt: Patrick and his are sufficient to mainteine what they haue gotten and pursue Sasacous in all his Motions thereabouts: I conceaved (with Submission) that it might saue the Countrey no small charge and hazard and losse timely to advertize and give Intelligence.

The Wunnashowatuckoogs and Pequts with them are about the distance from you that we are: on them I conceaue and vnderstand the Nanhiggonsicks next fall.

If you see Cause and grounds to make a Stop for a day or 2, if the Lord please, the 2nd day or 3d of the next weeke I hope to acquaint you with Miantunnomues and Caunonnicus their advice and desire, which it may be will be to meete his Companies at the hither Neepmucks and none to come this way, or some the one way and some the other This morning I goe over (if the Lord please) to consult with them, hoping to be at home (if possible) to morrow Evening and so to dispatch some Messenger the 2nd in the morning.

Sir, your late message to the Neepmucks (through the Lords mercy) hath wrought this Effect, that whereas they staggerd as nevters they brought this present weeke divers basketts of their Nokehick and Chesnuts to Canounicus towards his wars.

Sir I vnderstand that the Cause why the English hurt so many of the Nanhiggonsicks was want of signes or marcks You may please therefore to prouide some yellow or red for their heads: the Qunnihticut English had yellow but not enough.

Thus beseeching the God of Peace to be at Peace with vs, that all the fruit may be the taking away of our Sinn, (which if not remooved will vnstop worse vialls) to guid your Consultations and prosper your Expeditions to the 428prayse of his owne most holy name I rest Your Worships faythfull and affectionate in all civill bonds

Roger Williams
1.

W. 2. 97; 4 Collections , VI. 191–194; N.C. , VI. 27–30.