A website from the Massachusetts Historical Society; founded 1791.

Papers of the Winthrop Family, Volume 4

The Returnes of the Committee of the house of Dep: concerning the Book about Arbitrary Gouernment, in the examination thereof: and the votes of the house past upon each particular viz:
Committee of the Deputies, Massachusetts Bay Colony JW

1644-07

In the 1 parte thereof

1: Concerninge the Definition, therein made, we conceive it is defectiue.

2: Concerninge the distinction therein made of the bodye Politic, and the members thereof, in attributinge Authoritye to the one, and onely Libertye to the other: we finde not any suche distinction in the Patent.

3: Concerninge the Clause recited therin (respectinge the generall Court) which gives onely Libertye to the Freemen, to advise and Counsell, instead of power and Authoritye (which the Patent allowes) we conceive it a takinge awaye of the power and priviledges of the Freemen.

In the 2 parte of the Booke, which concernes the Rule by which a people should be gouerned, we finde these dangerous positions.

1: That generall Rules are sufficient to cleare a state from Arbitrary Gouernment.

2: That Judges ought to haue Libertye to varye from suche generall Rules when they see Cause.

In the followinge of the first of those 2 positions, there are many dangerous passages, and bitter censurings of all poenall Lawes. As

1: That they are paper Sentences of humane Authoritye and invention.

2: That mens prescript Sentences doe denye and exclude bothe the wisdome of God, and the Authoritye of the Judge.

3: That to prescribe Lawes with certaine penaltyes is an vsurpinge of Gods Authoritye.

4: That a Sentence ought not to be provided before the Case fall out, but immediate Assistance to be expected.

5: That particular Lawes includinge certaine penaltyes, are not Just wanting Rule.

The Induction of particular Instances which are brought to proue this 484second position, with the Reasons and consequencyes, are pernitious and dangerous.

per Robt. Bridges By order etc.