A website from the Massachusetts Historical Society; founded 1791.

Papers of the Winthrop Family, Volume 4

467
Declaration of the Governor, Deputy Governor, and Assistants of Massachusetts1
JW Endecott, John Dudley, Thomas Winthrop, John, Jr. Nowell, Increase Bradstreet, Simon Hibbins, William Flint, Thomas Symonds, Samuel Massachusetts Bay Colony, Governor Court of Assistants of the Massachusetts Bay Colony Massachusetts Bay Colony, Deputy Governor

1644-06-28

The Governour Dep: Gov: and Assistants doe hereby declare for the full satisfaction of all men, That as by the patent, and election of the people, they are sett aparte to be the councell of this Common wealth to governe the people in the vacancy of the Generall Courte, and that none can be added vnto them of equall power, but by like election; So they doe hold themselves bound to Governe by law, both fundamentall and positive, and not contrary therevnto, and that the Generall court only hath power to make, and establish, such wholesom lawes orders and ordinances both fundamentall and positive which shall from tyme to tyme be for rules and directions vnto the magistrates to observe, and not to doe contrary therevnto. And further, that the magistrates are bound by God by the trust committed to them, and by their oath to study and endeavour the welfare of this commonwealth and consequently to further the establishing and declaring of all necessary, and wholsome lawes, with certaine penalties where they may be iustly provided for, which they shall conceive of themselves, or shalbe presented to them according to their best Judgement and vnderstanding. lastly that they are in like manner bound to mainteine the liberties of the people in their said elections of their Governours to establish no lawes, nor raise any taxes but by the Generall Court, and if any thing hath passed from them by word or writing that hath or may be misinterpreted contrary heervnto, they doe not approve thereof

Jo: Endecott Gou ernou r Jo: Winthop D. G. Tho: Dudly John Winthrop iunr. Ingreas Nowell Symon Bradstreet Wi: Hibbins Thomas Flint Samuell Symonds Ca. June 28, 1644
1.

W. 4. 169; 5 Collections , I. 494–495. This document, which is a copy in an unidentified handwriting, grew out of a dispute between the assistants and the deputies regarding the powers of the former when the General Court was not in session. For Winthrop's account of the dispute, see Journal, II. 170–174; also printed in D.J.W. .