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Papers of the Winthrop Family, Volume 4

John Winthrop to the Elders of the Massachusetts Churches1
JW Elders of the Massachusetts Churches

1642-10-14

. . . generall Councell of the State onely: and therefore, in their first institution, they were appointed, as the representative bodye of the Freemen, and therefore, where the people cannot exercise Judicature in their owne persons, thoughe they have power to substitute others, there their deputyes are not Judges in waye of such an Ordinance and I feare least this hathe been a great Cause of Gods withholdinge so muche of his presence from vs, since that Court hathe dealt so frequently in judginge private Causes, to which they have no ordinary callinge, that I knowe: for our Saviour teaches vs, that everye man that shall exercise power of Judgment over others, must be able to prove his Callinge thereto. Not that I deny that Court all power of Judicature, (for the bodye of the freemen may exercise it, in some transcendent Cases, where other remedye fayles) but in small and ordinary Causes, which properly belonge to other inferiour courts, I see no Rule to warrant our practice (but of this onely obiter). Now you may iudge, how muche it concerned the honor of the Court that (when so much blame was layd vpon it throughe the wholl countrye) it might be knowne, how the opinion and advice of the magistrates, or the greater parte of them, stood in the Case.

One thinge more I shall make bould to Commende to your wise consideration, as a matter of great Concernment: I vnderstande, there is a purpose in some to possesse the people with this opinion, that it is the power of the Neg: vote in the magistrates, that hath occasioned all the late troubles, and therefore they should take it awaye, at the next Court of Elections, and be­360cause it is knowne that diverse of the magistrates are not like to consent to it, they must therefore be lefte oute (which wilbe very acceptable to some of them) and others putt in their places, etc.

If it should so fall out, I may bouldly saye, I knowe not any thing could be more dishonorable and dangerous to our State; dishonorable it would be, to take the power from those whom the Countrye pickes out, as the most able for public service, and putt it into the hands of others, whom they passe by, as the more weake: dangerous allso it wilbe, for it will raze the foundation of our Goverment, so as, I can make it appeare, that whatsoeuer the deputyes shall determine without the consent of the greater parte of the magistrates, wilbe of no validitye: for if our power be derived from, or have any relation to, our Patent, it is so fixed in the Governor and assistants, as (how many soeuer shalbe ioyned to them, as coadiutors or Counsellors etc. yet) the maine strengthe of Authoritye (in pointe of dispensation) will rest in them, and can by no lawe be avoided, vnlesse we will erecte a new frame of Goverment vpon a new foundation, which (I suppose) is far from our intentions. As for the inconveniences, which are obiected, they are but vngrounded suppositions, as first This: what if the magistrates should growe Corrupt etc.? this is no more to be feared, then of the deputies, and if of bothe, then of all the rest of the people, and if so, then it is past remedye.

Againe, if the Court of Assistance doe injustice, or mistake in any cause, what help is there, if the magistrates have a Neg: vote in the generall Court? To this it may allso be Answered what remedye will there be, if the generall Court should erre, or doe injustice? there must be a stoppe somewhere: yet this Remedye there is, if the magistrates have erred it is not vnlike but they will hearken to better advice in the generall Court; but if they will not, they may be turned out and better putt in their places, and then they may be called to Account for any miscarriage.

The last thing that I will trouble your patience with at the present is about a position maintained in the Countrye, (and those none of the worst) that it should be dangerous for the Commonwealth to have the magistrates vnited in Love and affection, therefore care to be had, that there be no kindred, affinity, or close amity betweene them: but that they should rather be devided in factions etc.: If this past for good doctrine, then let vs no longer professe the Gospell of Jesus Christ, but take vp the rules of Matchiavell, and the Jesuits, for Christ saythe Love is the bond of perfection, and a kingdome or house deuided cannot stand: but the others teache (or rather the Devill teacheth them) deuide et impera etc. I need write no more of this: your owne observation, of what advantage hath come to the countrye by the late di­361visions and oppositions amongst vs, will call vpon your Care and faithfullnesse, to putt your hande for tymely preventinge the like.

The ende of my writinge to you about these matters, is both to discover to you the dangers I have discerned, and allso to crave your advice and helpe, so far as the power and dutye of your place in the Churches, doth call for it from you: If in any thinge I be mistaken, I shall thankfully accept your lovinge corrections, but for the sinceritye of my heart, and searious intentions, for the public good of all estates, my witnesse is heaven, to whose Judgment I must stande: So earnestly cravinge the continuance of your prayers, with a thankfull acknowledgment of the many testimonyes of your love towards me, beseechinge the Lord in my dayly petitions, still to owne and blesse your selues and your labours, for the further advancement of the kingdome of his sonne in this parte of the world, I take leave and rest your brother and fellowe helper in the Lords worke

Jo: Winthop Boston (8) 14—1642
1.

Fragment in Harvard College Library; L. and L. , II. 277–279. For Winthrop's account of the meeting of the elders, convened at Ipswich on October 18,1642, and of their deliberations on Richard Saltonstal's treatise against the Standing Council, see Journal, II. 86–88; also printed in D.J.W. . See also Winthrop's earlier letter on the subject (pages 347–348, above).