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A Source Book in American History to 1787

B. NEW ENGLAND TO 1660 (continued 2)

Reading edition

b. The Cambridge Agreement

Hutchinson's Collection of Original Papers (1769), 25, 26. Cf. American History and Government, §§ 58, 59.

The True Copy of the Agreement at Cambridge, August 26, 1629.

Upon due consideration of the state of the Plantation now in hand for New-England, wherein wee whose names are hereunto subscribed, have engaged ourselves, and have weighed the greatnes of the worke in regard of the consequence, God's glory, and the Churches good; as also in regard of the difficultys and discouragements which in all probabilityes must be forecast upon the execution of this businesse; Considering withall that this whole adventure grows upon the joynt confidence we have in each other's fidelity and resolution herein, so as no man of us would have adventured it without assurance of the rest: Now, for the better encouragement of ourselves and others that shall joyne with us in this action, and to the end that every man may without scruple dispose of his estate and affayres as may best fit his preparation for this voyage; it is fully and faithfully agreed amongst us, and every of us doth hereby freely and sincerely promise and bind himselfe in the word of a christian and in the presence of God, who is the searcher of all hearts, that we will so really endeavour the prosecution of this worke, as by God's assistance, we will be ready in our persons, and with such of our several familyes as are to go with us, and such provision as we are able conveniently to furnish ourselves withall, to embarke for the said Plantation by the first of March next, at such port or ports of this land as shall be agreed upon by the Companie, to the end to passe the seas, (under God's protection,) to inhabite and continue in New-England: Provided always, that, before the last of September next, the whole government, together with the patent for the said Plantation, be first, by an order of Court, legally transferred and established to remain with us and others which shall inhabit upon the said Plantation: and provided also, that if any shall be hindered by such just and inevitable lett or other cause, to be allowed by 3 parts of four of these whose names are hereunto subscribed, then such persons, for such tymes and during such letts, to be discharged of this bond. And we do further promise, every one for himselfe, that shall fayle to be ready through his own default by the day appointed, to pay for every day's default the sum of £3, to the use of the rest of the Companie who shall be ready by the same day and time.

Richard Saltonstall,

Thomas Dudley,

William Vassall,

Nicholas West,

Isaac Johnson,

John Humfrey,

Thomas Sharpe,

Increase Nowell,

John Winthrop,

William Pinchon,

Kellam Broune,

William Colburn.

[Several of these signers did not come to America.]

c. Decision by the Company

Records of the Governor and Company of Massachusetts Bay, I, 49 ff.

(1) A Generall Court, holden at Mr. Deputyes House, the 28 of August, 1629.

[Present: 25 Names given.]

Mr. Deputie acquainted this Court, that the espetiall cause of their meeting was to give answere to divers gentlemen,[38] intending to goe into New England, whether or noe the chiefe government of the plantacion, togeather with the pattent, should bee settled in New England, or heere.

Wherupon it was ordered, that this afternoone Mr. Wright, Mr. Eaton, Mr. Adams, Mr. Spurstowe, and such others as they should thinke fitt to call unto them, whether they were of the Company or not, to consider of arguments against the setling of the chiefe government in New England.

And, on the other syde, Sir Richard Saltonstall, Mr. Johnson, Captain Venn, and such others as they should call unto them, to prepare arguments for the setling of the said government in New England; and that tomorrow morning, being the 29th of August, at 7 of the clock, both sydes should meete and conferr and weigh each others arguments, and afterwards, at 9 of the clock, (which is the tyme appointed of meeting for a General Court,) to make report therof to the whole Company, who then will determine this business.

(2) A General Court, at Mr. Deputyes House, the 29th of August, 1629.

This day the committees which were appointed to meete yesterday in the afternoone to consider of arguments pro and contra touching the setling of the government of the Companyes plantacion in New England, being according to the order of the last Court mett togeather, debated their arguments and reasons on both sydes; where were present many of the Assistants and generalitie; and after a long debate, Mr. Deputie put it to the question, as followeth:

As many of yow as desire to have the pattent and the government of the plantacion to bee transferred to New England, soe as it may bee done legally, hold up your hands: Soe many as will not, hold upp your hands.

Where, by ereccion of hands, it appeared by the generall consent of the Company, that the government and pattent should bee setled in New England, and accordingly an order to bee drawne upp.

[This by no means settled the matter. The question arose as to how to protect the property rights of those stockholders who were to remain in England, and several meetings were devoted to consideration of various plans proposed.]

59. Decision of Puritan Gentlemen to Settle in the Colony[39]

a. Winthrop's Argument for a Puritan Colony

Robert Winthrop's Life and Letters of John Winthrop, I, 309 ff.

This argument is generally ascribed to John Winthrop, and one manuscript of it at least is said to be in his handwriting. The first printed copy was made by Hutchinson in his Collections, but from a different manuscript.

Reasons to be considered for justifieinge the undertakeres of the intended Plantation in New England, and for incouraginge such whose hartes God shall move to joyne with them in it.

1.—It will be a service to the Church of great consequence to carry the Gospell into those parts of the world, to helpe on the comminge of the fullnesse of the Gentiles, and to raise a Bulworke against the Kingdome of Ante Christ which the Jesuites labour to reare up in those parts.

2.—All other churches of Europe are brought to desolation, and our sinnes, for which the Lord beginnes allreaddy to frowne upon us and to cutte us short, doe threatne evill times to be comminge upon us, and whoe knowes but that God hath provided this place to be a refuge for many whome he meanes to save out of the generall callamity; and seeinge the Church hath noe place lefte to flie into but the wildernesse, what better worke can there be, then to goe and provide tabernacles and foode for her against she comes thither:

3.—This Land growes weary of her Inhabitants, soe as man, whoe is the most pretious of all creatures, is here more vile and base then the earth we treade upon, and of less prise among us then an horse or a sheepe: masters are forced by authority to entertaine servants, parents to mainetaine there oune children, all tounes complaine of the burthen of theire poore, though we have taken up many unnessisarie yea unlawfull trades to mainetaine them, and we use the authoritie of the Law to hinder the increase of our people, as by urginge the Statute against Cottages, and inmates; and thus it is come to passe, that children, servants, and neighboures, especially if they be poore, are compted the greatest burthens, which if thinges weare right would be the cheifest earthly blessinges.

4.—The whole earth is the Lords garden and he hath given it to the Sonnes of men with a general Commission: Gen:1:28: "Increace and multiplie, and replenish the earth and subdue it," which was againe renewed to Noah: the end is double and naturall, that man might enjoy the fruits of the earth, and God might have his due glory from the creature: why then should we stand striving here for places of habitation, etc. (many men spending as much labour and coste to recover or keepe sometimes an acre or tuoe of Land, as would procure them many and as good or better in another Countrie) and in the meane time suffer a whole Continent as fruitfull and convenient for the use of man to lie waste without any improvement?

5.—We are groune to that height of Intemperance in all excesse of Riott, as noe mans estate allmost will suffice to keepe saile with his aequalls: and he whoe failes herein, must live in scorne and contempt. Hence it comes that all artes and Trades are carried in that deceiptfull and unrighteous course as it is allmost impossible for a good and upright man to mainetayne his charge and live comfortablie in any of them.

6.—The ffountaines of Learning and Religion are soe corrupted as (besides the unsupportable charge of there education) most children (even the best witts and of fairest hopes) are perverted, corrupted, and utterlie overthroune by the multitude of evill examples and the licentious government of those seminaries, where men straine at knatts and swallowe camells, use all severity for mainetaynance of cappes and other accomplyments, but suffer all ruffianlike fashions and disorder in manners [morals] to passe uncontrolled.

b. Winthrop's Argument for Coming Himself to America

John Winthrop sent the following "Considerations" relating to himself to various friends for their advice. Life and Letters, I, 327.

Particular Considerations in the case of J: W:

1: It is come to that issue as (in all probabilitye) the wellfare of the Plantation dependes upon his goeinge, for divers of the Chiefe Undertakers (upon whom the reste depende) will not goe without him.

2: He acknowledges a satisfactorye callinge, outwarde from those of the Plantation, inwardly by the inclination of his oun hearte to the worke, and bothe approved by godly and juditious Devines (whereof some have the first interest in him), and there is in this the like mediate call from the Kinge, which was to his former imployment.

3: Though his means be sufficient for a comfortable subsistence in a private condition heere, yet the one halfe of them being disposed to his 3: elder sonnes, who are now of age, he cannot live in the same place and callinge with that which remains; his charge being still as great as before, when his means were double: and so if he should refuse this opportunitye, that talent which God hath bestowed upon him for publike service, were like to be buried.

4: His wife and suche of his children, as are come to years of discreation, are voluntarylye disposed to the same Course.

5: Most of his friends (upon the former considerations) doe consent to his change.

c. Decision of John Winthrop, Jr.

John Winthrop, Jr., to his Father

Winthrop's Life and Letters of John Winthrop, I, 306-307.

Sir,—My humble duty remembered to you and my mother....

For the business of New England, I can say no other thing but that I believe confidently, that the whole disposition thereof is of the Lord, who disposeth all alterations, by his blessed will, to his own glory and the good of his; and, therefore, do assure myself, that all things shall work together for the best therein. And for myself, I have seen so much of the vanity of the world, that I esteem no more of the diversities of countries, than as so many inns, whereof the traveller that hath lodged in the best, or in the worst, findeth no difference, when he cometh to his journey's end; and I shall call that my country, where I may most glorify God, and enjoy the presence of my dearest friends. Therefore herein I submit myself to God's will and yours, and, with your leave, do dedicate myself (laying by all desire of other employments whatsoever) to the service of God and the Company herein, with the whole endeavors, both of body and mind.

The CONCLUSIONS, which you sent down, I showed to my uncle and aunt, who liked them well. I think they are unanswerable; and it cannot but be a prosperous action, which is so well allowed by the judgments of God's prophets, undertaken by so religious and wise worthies of Israel, and indented to God's glory in so special a service.

... So, desiring your prayers and blessing, I commend you to the Almighty's protection, and rest

Your obedient son, John Winthrop.

London, August 21, 1629.

d. News from New England, 1629

Higginson's Relation is the name under which his New-England's Plantation is commonly quoted. Apparently he sent back the manuscript in the early fall (September, presumably) of 1629, some four months after his arrival. The little book was printed in London in 1630, but before that time it (together with earlier letters) had had much influence in leading to the main Puritan migration. The selections below are taken from Young's Chronicles of Massachusetts, where the spelling is modernized.

The fertility of the soil is to be admired at, as appeareth in the abundance of grass that groweth everywhere, both very thick, very long, and very high in divers places. But it groweth very wildly, with a great stalk, and a broad and ranker blade, because it hath never been eaten with cattle, nor mowed with a scythe, and seldom trampled on by foot. It is scarce to be believed how our kine and goats, horses and hogs do thrive and prosper here, and like well of this country.

In our Plantation we have already a quart of milk for a penny. But the abundant increase of corn proves this country to be a wonderment. Thirty, forty, fifty, sixty, are ordinary here. Yea, Joseph's increase in Egypt is outstripped here with us. Our planters hope to have more than a hundredfold this year. And all this while I am within compass; what will you say of two hundred fold, and upwards? It is almost incredible what great gain some of our English planters have had by our Indian corn. Credible persons have assured me, and the party himself avouched the truth of it to me, that of the setting of thirteen gallons of corn he hath had increase of it fifty-two hogsheads, every hogshead holding seven bushels of London measure, and every bushel was by him sold and trusted to the Indians for so much beaver as was worth eighteen shillings; and so of this thirteen gallons of corn, which was worth six shillings eight pence, he made about 327 pounds of it the year following, as by reckoning will appear; where you may see how God blesseth husbandry in this land. There is not such great and plentiful ears of corn I suppose any where else to be found but in this country, being also of variety of colors, as red, blue, and yellow, etc.; and of one corn there springeth four or five hundred. I have sent you many ears of divers colors, that you might see the truth of it.

Little children here, by setting of corn, may earn much more than their own maintenance.

The temper of the air of New-England is one special thing that commends this place. Experience doth manifest that there is hardly a more healthful place to be found in the world that agreeth better with our English bodies. Many that have been weak and sickly in Old England, by coming hither have been thoroughly healed, and grown healthful and strong. For here is an extraordinary clear and dry air; that is of a most healing nature to all such as are of cold, melancholy, phlegmatic, rheumatic temper of body ... and therefore I think it is wise course for all cold complexions to come to take physic in New-England; for a sup of New-England's air is better than a whole draught of Old England's ale.

60. Early Attitude of the Puritan Colony to the Church of England

It is certain that the Puritans did not expect, at first, to separate so far and so definitely from the Church of England as they very soon did separate. On this, cf. American History and Government, § 82, and observe also, besides a and b below, passages in No. 52, close, and No. 62 c, close.

a. Winthrop's Farewell Letter to the Church of England

April 7/17, 1630

Hutchinson's Massachusetts Bay, Appendix I (1769). About two thirds the letter is here reproduced. Winthrop is supposed to be the author.

THE HUMBLE REQUEST of his Majesties Loyall Subjects, the Governour and the Company late gone for New England; for the obtaining of their Prayers, and the Removall of Suspicions and Misconstructions of their Intentions.

... And howsoever your Charitie may have met with some Occasion of Discouragement through the Misreport of our Intentions, or through the Disaffection or Indiscretion of some of us, or rather amongst us: for we are not of those who dreame of Perfection in this World; yet wee desire you would be pleased to take Notice of the Principals and Body of our Company, as those who esteeme it our honour to call the Church of England, from whence wee rise, our deare Mother; and cannot part from our native Countrie, where she specially resideth, without much Sadness of Heart, and many Tears in our Eyes, ever acknowledging that such Hope and Part as we have obtained in the common Salvation, we have received in her Bosome, and suckt it from her Breasts: wee leave it not therefore as loathing that milk wherewith we were nourished there, but blessing God for the Parentage and Education, [and] as Members of the same Body, [we] shall alwaies rejoice in her Good, and unfeignedly grieve for any Sorrow shall ever betide her, and while we have Breath, sincerely desire and indeavour the Continuance and Abundance of her Welfare, with the Inlargement of her Bounds in the Kingdome of Christ Jesus.

Be pleased therefore, Reverend Fathers and Brethren, to helpe forward the Worke now in Hand; which if it prosper, you shall be the more glorious. [A fervent request for prayers.]...

What Goodness you shall extend to us in this or any other Christian Kindnesse, wee, your Brethren in Christ Jesus, shall labor to repay ... promising, so farre as God shall enable us, to give him no Rest on your Behalfes, wishing our Heads and Hearts may be Fountains of Tears for your everlasting Welfare, when we shall bee in our poor Cottages in the Wildernesse ... And so commending you to the Grace of God in Christ, wee shall ever rest,

Your assured Friends and Brethren,

From Yarmouth, aboard the Arabella, April 7, 1630.

John Winthrop, Gov. [and six other signatures].

b. Opinion of Captain John Smith, 1630

Smith's Works (Birmingham edition), 926, 958.

The following passages come from the introduction to Smith's "Pathway to the Inexperienced," his last pamphlet, written in 1631, to support the Massachusetts Bay Colony. Smith wrote at the home of a brother of John Winthrop's first wife, and seems to have been well acquainted with the Puritan leaders.

Pardon me if I offend in loving that [which] I have cherished truly, by the losse of my prime fortunes, meanes, and youth. If it over-glad me to see Industry her selfe adventure now to make use of my aged ende[a]vours, not by such (I hope) as rumour doth report, a many of discontented Brounists, Anabaptists, Papists, Puritans, Separatists, and such factious Humorists: for no such they will suffer among them, if knowne, as many of the chiefe of then (John Winthrop etc.) have assured mee; and the much conferences I have had with many of them, doth confidently perswade me to write thus much in their behalfe. ...

They have ... God's true Religion (they say) taught amongst themselves, the Sabbath day observed, the common Prayer (as I understand) and Sermons performed, and diligent catechising ... and commendable good orders to bring those people [natives] with whom they have to deale ... into a Christian conversation ... which done, in time, ... may grow a good addition to the Church of England.

[Smith evidently had some doubts on the matter, as his parenthetical expressions show. But he had confidence enough to dedicate this booklet to the two Archbishops of Canterbury and York.]

61. Political Principles of the Puritans

From John Calvin's Institutes (1559; translation of 1813, III, 517-551).

a. [Attempt to justify a union of church and state]

III.—Nor let anyone think it strange that I refer to human polity the due maintenance of religion ... I do not allow men to make laws respecting religion and the worship of God ... though I approve of civil government which provides that the true religion, ... contained in the law of God, be not violated and poluted.

b. [Of the parts of government and the supremacy of magistrates]

These are three. The Magistrate, who is the guardian and conservator of the laws: The Laws, according to which he governs: The People, who are governed by the laws, and obey the magistrate....

IV.—The Lord hath not only testified that the function of magistrates has his approbation and acceptance, but hath eminently commended it to us, by dignifying it with the most honourable titles. ... This is just as if it had been affirmed, that the authority possessed by kings and other governors over all things upon earth is not a consequence of the perverseness of men, but of the providence and holy ordinance of God....

VII.—Those who are not restrained by so many testimonies of Scripture, but still dare to stigmatize this sacred ministry [magistrates] as a thing incompatible with religion and Christian piety, do they not offer an insult to God himself, who cannot but be involved in the reproach cast upon his ministry? And in fact they do not reject magistrates, but they reject God, "that he should not reign over them."...

VIII.—And for private men, who have no authority to deliberate on the regulation of any public affairs, it would surely be a vain occupation to dispute which would be the best form of government in the place where they live. ... Indeed if these three forms of government, which are stated by philosophers [Monarchy, Aristocracy, and Democracy], be considered in themselves, I shall by no means deny, that either aristocracy or a mixture of aristocracy and democracy far excell all others; and that indeed not of itself, but because it very rarely happens that kings regulate themselves so that their will is never at variance with justice and rectitude; or in the next place, that they are indued with such penetration and prudence, as in all cases to discover what is best. The vice or imperfection of men therefore renders it safer and more tolerable for the government to be in the hands of many, that they may afford each other mutual assistance and admonition, and that if any one arrogate to himself more than is right, the many may act as censors and masters to restrain his ambition. ... But if those, to whom the will of God has assigned another form of government, transfer this to themselves so as to be tempted to desire a revolution, the very thought will be not only foolish and useless, but altogether criminal....

XIV.—From the magistracy we next proceed to the laws, which are the strong nerves of civil polity, or, according to an appellation which Cicero has borrowed from Plato, the souls of states, without which magistracy cannot subsist.

XXII.—The first duty of subjects towards their magistrates is to entertain the most honourable sentiments of their function, which they know to be a jurisdiction delegated to them from God, and on that account to esteem and reverence them as God's ministers and vicegerents. For there are some persons to be found, who shew themselves very obedient to their magistrates, and have not the least wish that there were no magistrates for them to obey, because they know them to be so necessary to the public good; but who, nevertheless, consider the magistrates themselves as no other than necessary evils. But something more than this is required of us by Peter, when he commands us to "honour the king;" and by Solomon when he says, "Fear thou the Lord and the King:" for Peter, under the term honour, comprehends a sincere and candid esteem; and Solomon, by connecting the king with the Lord, attributes to him a kind of sacred veneration and dignity. ... The obedience which is rendered to princes and magistrates is rendered to God, from whom they have received their authority.

XXIII.—Hence follows another duty: that, with minds disposed to honour and reverence magistrates, subjects approve their obedience to them, in submitting to their edicts, in paying taxes, in discharging public duties and bearing burdens which relate to the common defence, and in fulfilling all their other commands. ... For, as it is impossible to resist the magistrate without, at the same time, resisting God himself, though an unarmed magistrate may seem to be despised with impunity, yet God is armed to inflict exemplary vengeance on the contempt offered to himself. Under this obedience I also include the moderation which private persons ought to prescribe to themselves in relation to public affairs, that they do not, without being called upon, intermeddle with affairs of state, or rashly intrude themselves into the office of magistrates, or undertake any thing of a public nature. If there be anything in the public administration which requires to be corrected, let them not raise any tumults, or take the business into their own hands, which ought to be all bound in this respect, but let them refer it to the cognizance of the magistrate, who is alone authorized to regulate the concerns of the public.

XXV.—But, if we direct our attention to the word of God, it will carry us much further; even to submit to the government, not only of those princes who discharge their duty to us with becoming integrity and fidelity, but of all who possess the sovereignty, even though they perform none of the duties of their function. For though the Lord testifies that the magistrate is an eminent gift of his liberality to preserve the safety of men, and prescribes to magistrates themselves the extent of their duty; yet he, at the same time, declares, that whatever be their characters, they have their government only from him; that those who govern for the public good are true specimens and mirrors of his beneficence; and that those who rule in an unjust and tyrannical manner are raised up by him to punish the iniquity of the people; that all equally possess that sacred majesty which he hath invested with legitimate authority....

XXIX.—But it will be said, that rulers owe mutual duties to their subjects. That I have already confessed. But he who infers from this that obedience ought to be rendered to none but just rulers, is a very bad reasoner. For husbands owe mutual duties to their wives, and parents to their children. Now, if husbands and parents violate their obligations, if parents conduct themselves with discouraging severity and fastidious moroseness towards their children, whom they are forbidden to provoke to wrath: if husbands despise and vex their wives, whom they are commanded to love and to spare as the weaker vessels; does it follow that children should be less obedient to their parents; or wives to their husbands? They are still subject, even to those who are wicked and unkind....

XXXII.—But in the obedience which we have shewn to be due to the authority of governors, it is always necessary to make one exception, and that is entitled to our first attention, that it do not seduce us from obedience to him, to whose will the desires of all kings ought to be subject, to whose decrees all their commands ought to yield, to whose majesty all their scepters ought to submit....

62. Early Hardships and Religious Matters, 1630-1631

a. Extracts from Winthrop's "History of New England"

John Winthrop, leader of the great Puritan migration of 1630, while on board ship, began a "Journal," which gradually merged into a great contemporary "History." The work was printed first in 1790. A better edition appeared in 1853; and, that edition having long been "out of print," the work was reëdited by Dr. James K. Hosmer in 1907 ("Original Narratives" Series). The spelling and punctuation have been modernized in all these editions.

(1) [The Voyage.]

April 6, 1630. [Eight days on board; but still delayed at Yarmouth in the English Channel]....

Our captain called over our landmen, and tried them at their muskets, and such as were good shot among them were enrolled to serve in the ship, if occasion should be.

The lady Arbella[40] and the gentlewomen, and Mr. Johnson and some others went on shore to refresh themselves....

Thursday, 8. ... The wind continued N. [blank] with fair weather, and after noon it calmed, and we still saw those eight ships to stand towards us; having more wind than we, they came up apace, so as our captain and the masters of our consorts were more occasioned to think they might be Dunkirkers,[41] (for we were told at Yarmouth, that there were ten sail of them waiting for us;) whereupon we all prepared to fight with them, and took down some cabins which were in the way of our ordnance, and out of every ship were thrown such bed matters as were subject to take fire, and we heaved out our long boats, and put up our waste cloths, and drew forth our men, and armed them with muskets and other weapons, and instruments for fireworks; and for an experiment our captain shot a ball of wild-fire fastened to an arrow out of a cross-bow, which burnt in the water a good time. The lady Arbella and the other women and children were removed into the lower deck, that they might be out of danger. All things being thus fitted, we went to prayer upon the upper deck. It was much to see how cheerful and comfortable all the company appeared; not a woman or child that showed fear, though all did apprehend the danger to have been great, if things had proved as might well be expected, for there had been eight against four, and the least of the enemy's ships were reported to carry thirty brass pieces; but our trust was in the Lord of Hosts; and the courage of our captain, and his care and diligence, did much encourage us. [The fleet prove to be friends.]

Saturday, 10. ... This day two young men, falling at odds and fighting, contrary to the orders which we[42] had published and set up in the ship, were adjudged to walk upon the deck till night with their hands bound behind them, which accordingly was executed; and another man, for using contemptuous speeches in our[42] presence, was laid in bolts till he submitted himself, and promised open confession of his offence.

Lord's day, [May] 2. The tempest continued all the day, with the wind W. and by N., and the sea raged and tossed us exceedingly; yet, through God's mercy, we were very comfortable, and few or none sick, but had opportunity to keep the Sabbath, and Mr. Phillips preached twice that day....

Friday, 21. ... A servant of one of our company had bargained with a child to sell him a box worth 3 d. for three biscuit a day all the voyage, and had received about forty ... We caused his hands to be tied up to a bar, and hanged a basket, with stones, about his neck, and so he stood for two hours.

(2) [Early Religious Practices.]

July 27. We, of the congregation [at Boston] kept a fast, and chose Mr. Wilson our teacher,[43] and Mr. Nowell an elder, ... We used imposition of hands, but with this protestation by all, that it was only as a sign of election and confirmation, not of any intent that Mr. Wilson should renounce his ministry that he received in England.[44]

[1631. April 12.]

At a court holden at Boston, (upon information to the governour that they of Salem had called Mr. Williams to the office of a teacher), a letter was written from the court to Mr. Endecott to this effect: That whereas Mr. Williams had refused to join with the congregation at Boston, because they would not make a public declaration of their repentance for having communion with the churches of England while they lived there; and, besides, had declared his opinion, that the magistrate might not punish the breach of the Sabbath, nor any other offence, as it was a breach of the first table; therefore, they marvelled they would choose him without advising with the council; and withal desiring him [Endicott] that they would forbear to proceed till they had conferred about it....

b. Winthrop's Letters

John Winthrop from New England to his Wife, September 9/19, 1630

Winthrop's Life and Letters of John Winthrop, II, 48-49 and 53-55.

My Dear Wife,—The blessing of God all-sufficient be upon thee and all my dear ones with thee forever.

I praise the good Lord, though we see much mortality, sickness and trouble, yet (such is his mercy) myself and children, with most of my family, are yet living, and in health, and enjoy prosperity enough, if the affliction of our brethren did not hold under the comfort of it. The lady Arbella is dead, and good Mr. Higginson, my servant, old Waters of Neyland, and many others. Thus the Lord is pleased to humble us; yet he mixes so many mercies with his corrections, as we are persuaded he will not cast us off, but, in his due time, will do us good, according to the measure of our afflictions. He stays but till he hath purged our corruptions, and healed the hardness and error of our hearts, and stripped us of our vain confidence in this arm of flesh, that he may have us rely wholly upon himself.

The French ship, so long expected, and given for lost, is now come safe to us, about a fortnight since, having been twelve weeks at sea; and yet her passengers (being but few) all safe and well but one, and her goats but six living of eighteen. So as now we are somewhat refreshed with such goods and provisions as she brought, though much thereof hath received damage by wet. I praise God, we have many occasions of comfort here, and do hope, that our days of affliction will soon have an end, and that the Lord will do us more good in the end than we could have expected, that will abundantly recompense for all the trouble we have endured. Yet we may not look for great things here. It is enough that we shall have heaven, though we should pass through hell to it. We here enjoy God and Jesus Christ. Is not this enough? What would we have more? I thank God, I like so well to be here, as I do not repent my coming; and if I were to come again, I would not have altered my course, though I had foreseen all these afflictions. I never fared better in my life, never slept better, never had more content of mind, which comes merely of the Lord's good hand; for we have not the like means of these comforts here which we had in England. But the Lord is all-sufficient, blessed be his holy name. If he please, he can still uphold us in this estate; but, if he shall see good to make us partakers with others in more affliction, his will be done. He is our God, and may dispose of us as he sees good.

I am sorry to part with thee so soon, seeing we meet so seldom, and my much business hath made me too oft forget Mondays and Fridays. I long for the time, when I may see thy sweet face again, and the faces of my dear children. But I must break off, and desire thee to commend me kindly to all my good friends, and excuse my not writing at this time. If God please once to settle me, I shall make amends. ... The good Lord bless thee and all our children and family. So I kiss my sweet wife and my dear children, and rest

Thy faithful husband,

Jo. Winthrop.

I would have written to Maplestead, if I had time. Thou must excuse me, and remember me kindly to them all.

This is the third letter I have written to thee from New England.

[November 29/December 9, 1630.]

... Thou shalt understand by this, how it is with us since I wrote last, (for this is the third or fourth letter I have written to thee since I came hither,) that thou mayest see the goodness of the Lord towards me, that, when so many have died and so many yet languish, myself and my children are yet living and in health. Yet I have lost twelve of my family,[45] viz. Waters and his wife, and two of his children: Mr. Gager and his man: Smith of Buxall and his wife and two children: the wife of Taylor of Haverill and their child: my son H. makes the twelve. And, besides many other of less note, as Jeff. Ruggle of Sudbury, and divers others of that town, (about twenty,) the Lord hath stripped us of some principal persons, Mr. Johnson and his lady, Mr. Rossiter, Mrs. Phillips, and others unknown to thee. We conceive, that this disease grew from ill diet at sea, and proved infectious. I write not this to discourage thee but to warn thee and others to provide well for the sea, and, by God's help, the passage will be safe and easy, how long soever. Be careful (I entreat thee) to observe the directions in my former letters; and I trust that that God, who hath so graciously preserved and blessed us hitherto, will bring us to see the faces of each other with abundance of joy. My dear wife, we are here in a paradise. Though we have not beef and mutton etc., yet (God be praised) we want them not; our Indian corn answers for all. Yet here is fowl and fish in great plenty. I will here break off, because I hope to receive letters from thee soon, and to have opportunity of writing more largely. I will say nothing of my love to thee, and of my longing desires towards thee. Thou knowest my heart. Neither can I mention salutations to my good friends, other than in general. In my next, I hope to supply all. Now the Lord, our good God, be with thee and all my children and company with thee. Grace and peace be with you all. So I kiss my sweet wife and all my dear children, and bless you in the Lord. Farewell.

Thy faithful husband,

Jo. Winthrop.

c. Thomas Dudley to the Countess of Lincoln March, 1631

Force's Historical Tracts (1638), II, No. 4.

To the righte honourable, my very good Lady, the Lady Brydget, Countesse of Lincoln

Your letters (which are not common or cheape) following mee hether into New-England, and bringeing with them renewed testimonies of the accustomed favours you honoured me with in the old, have drawne from mee this narrative retribucion (which in respect of your proper interest in some persons of great note amongst us)[46] was the thankfullest present I had to send over the seas. Therefore I humblie intreat your honour this bee accepted as payment from him, who neither hath nor is any more than your honours old thankful servant,

Thomas Dudley.

Boston in New England, March 12th 1630 [March 22, 1631].

[A narrative of the beginnings of the colony, through the sending of Higginson's company in the spring of 1629.]

Theis by their too large comendacions of the country ... invited us soe strongly to goe on that Mr. Wenthropp of Soffolke (who is well knowne in his owne country and well approved heere for his pyety, liberality, wisdome, and gravity) comeing into us, wee came to such resolution that in April, 1630, wee sett sail from Old England with 4 good shipps. And in May following, 8 more followed, 2 haveing gone before in February and March, and 2 more following in June and August besides another set out by a private merchant. Theis 17 Shipps arrived all safe ... but made a long, a troublesome, and a costly voyage. ... Our four shipps which set out in Aprill arrived here in June and July, wheere we found the colony in a sadd and unexpected condicion; above 80 of them beeing dead the winter before and many of those alive, weake and sicke; all the corne and bread amongst them all hardly sufficient to feed them a fortnight, insoemuch that the remainder of 180 servants wee had the 2 years before sent over, comeing to us for victualls to sustaine them, wee found ourselves wholly unable to feed them ... whereupon necessity enforced us, to our extreme loss, to give them all libertie, who had cost us about 16 or 20 pounds a person furnishing and sending over. But bearing theis things as we might, wee beganne to consult of the place of our sitting downe: for Salem, where wee landed, pleased us not. [They decide upon six new settlements, besides the already established Salem and Charlestown.] This dispersion troubled some of us; but helpe it wee could not, wanting ability to remove to any place fit to build a towne upon, and the time too short to deliberate longer, least the winter should surprise us before we had builded our houses. ... So, ceasing to consult further for that time, they who had health to labour fell to building, wherein many were interrupted with sicknes, and many dyed weekely, yea almost dayley. ... Insomuch that the shipps being now uppon their returne ... there was, as I take it, not much less than an hundred (some think many more) partly out of dislike of our government which restrained and punished their excesses, and partly through fear of famine (not seeinge other means than by their labour to feed themselves), which returned back againe. And glad were wee so to bee ridd of them. Others also, afterwards hearing of men of their owne disposition which were planted at Piscataway, went from us to them; whereby though our numbers were lessened, yet wee accounted ourselves nothing weakened by their removall.

Before the departure of the shipps, wee contracted with Mr. Peirce, Mr. [Master] of the Lyon ... to returne to us with speed with fresh supplies of victualls....

The shipps beeinge gone, victualls wastinge, and mortality increasinge, wee held diverse fasts in our severall congregations, but the Lord would not yet bee depricated [A long list of deaths] And of the people who came over with us ... [from Aprill to December] there dyed by estimacion about 200 at the least....

If any come hether to plant for worldly ends, that canne live well at home, hee comits an errour of which hee will soon repent him. But if for spirittuall, and that noe particular obstacle hinder his removeall, he may finde here what may well content him: viz., materialls to build, fewell to burn, ground to plant, seas and rivers to ffish in, a pure ayer to breath in, good water to drinke till wine or beare canne be made,—which, toegether with the cowes, hoggs, and goates brought hether allready, may suffice for food; for as for foule and venison, they are dainties here as well as in England. Ffor cloaths and beddinge they must bringe them with them, till time and industry produce them here. In a word, wee yett enjoy little to bee envyed, but endure much to bee pytyed in the sicknes and mortalitye of our people. And I do the more willingly use this open and plaine dealinge, least other men should fall short of their expectations when they come hether, as wee to our great prejudice did, by means of letters sent us from hence into England, wherein honest men, out of a desire to draw over others to them, wrote somewhat hyperbolically of many things here. If any godly men out of religious ends will come over to helpe us ... I thinke they cannot dispose of themselves or their estates more to Gods glory ... but they must not bee of the poorer sort yett for diverse yeares. Ffor we have found by experience that they have hindered, not furthered the worke. And for profaine and deboshed persons, their oversight in comeinge hether is wondered at, where they shall finde nothing to content them. If there bee any endued with grace and furnished with meanes to feed themselves and theirs for 18 months, and to build and plant,—lett them come into our Macedonia to helpe us.

[Record of disasters; the return of the Lyon] ... Also, to increase the heape of our sorrous, wee received advertisement by letters from our friends in England and by the reports of those who came hether in this shipp to abide with us ... that those who went discontentedly from us last yeare, out of their evill affections towards us, have raised many false and scandelous reports against us, affirminge us to be Brounists in religion and ill affected to our state at home, and that theis vile reports have wonne creditt with some who formerly wished us well. But wee doe desire, and cannot but hope, that wise and impartiall men will at length consider that such malcontents have ever pursued this manner of casting dirt to make others seeme as fowle as themselves, and that our godly friends to whom wee have ben knowne will not easily believe that wee are soe soon turned from the profession wee soe long have made in our native Country. And for our further clearing, I truely affirme that I know noe one person who came over with us the last yeare to bee altered in his judgment and affection eyther in ecclesiasticall or civill respects since our comeinge hether; but wee doe continue to pray dayley for our soveraigne lord the Kinge, the Queene, the Prince, the royal blood, the counsaile, and the whole state, as dutye bindes us to doe and reason persuades others to believe. For how ungodly and unthankfull should wee be if wee should not thus doe ... Lett our friends therefore give no creditt to such malicious aspersions, but bee more ready to answer for us than wee heare they have bene. Wee are not like those which have dispensation to lye....

FOOTNOTES:

XIII. DEVELOPMENT OF DEMOCRACY, 1630-1644

63. The Oligarchic Usurpation

Records of the Governor and Company of Massachusetts Bay, I (under dates given). Cf. Introduction to No. 57.

(1) [The First Court of Assistants, Charlestown, August, 23/September 2, 1630.]

... It was ordered that the Governor and Deputy Governor, for the tyme being, shall alwaies be justices of the peace, and that Sir Rich: Saltonstall, Mr. Johnson, Mr. Endicott, and Mr. Ludlowe shalbe justices of the peace for the present tyme, in all things to have like power that justices of the peace hath in England for reformacion of abuses and punishing of offenders; and that any justice of the peace may imprison an offender, but not inflict any corporall punishment without the presence and consent of some one of the Assistants.[47]

(2) [October 19/29, 1630.]

A General Court, holden att Boston. [The first General Court in America.]

Present,

The Governor [Winthrop]

Deputy Governor [Dudley]

Sir Richard Saltonstall

Mr. Ludlowe

Capt. Endicott

Mr. Nowell

Mr. Pinchon

Mr. Bradstreete

[all magistrates]

For establishinge of the government. It was propounded if it were not the best course that the ffreemen should have the power of chuseing Assistants, when there are to be chosen, and the Assistants from amongst themselves to chuse a Governor and Deputy Governor, whoe with the Assistants should have the power of makeing lawes and chuseing officers to execute the same. This was fully assented unto by the generall vote of the people and ereccion of hands.

[Two charter provisions are here violated. The italicized clause was further explained the next May by another unconstitutional decree of the Assistants making themselves life-officers, unless removed for cause ((4) below).

There were present, qualified to vote, the eight magistrates named above, and certainly not more than one or two other "freemen,"—probably no one except the Assistants. The "people" referred to in the final sentence were probably the 109 men who came to this Court to ask to be admitted "freemen." Apparently they were asked, in turn, whether they would agree to this new law; and (not knowing the charter rights of freemen, anyway) they consented. Even so, they were not admitted until May of the next year. Cf. American History and Government, § 62.]

(3) [March 8/18, 1630/31.]

Att a Court [of Assistants] att Waterton

... Further, (in regard the number of Assistants are but fewe; and some of them goeing for England,) it was therefore ordered that whensoever the number of Assistants resident within the lymitts of this jurisdiccion shalbe fewer than 9, it shalbe lawfull for the major parte of them to keepe a Court, and whatsoever orders or acts they make shalbe as legall and authenticall as if there were the full number of 7 or more....

[Queries: What charter provision did this law "violate"? Why did not the government instead increase the number of Assistants toward the number prescribed in the charter?]

(4) [May 18/28, 1631.]

A General Court, holden att Boston

[Old governor and deputy reëlected.]

For explanacion of an order made the last Generall Court ... it was ordered nowe, with full consent of all the commons then present, that once in every yeare, att least, a Generall Court shalbe holden; att which Court it shalbe lawfull for the commons to propound any ... persons whom they shall desire to be chosen Assistants [provision for voting on such new nominations by "poll,"—vive-voce]. The like course [of voting] to be holden when they, the said commons, shall see cause for any defect or misbehavior to remove any one or more of the Assistants. And, to the end the body of the commons may be preserved of honest and good men, it was likewise ordered ... that, for time to come, noe man shalbe admitted to the freedome of this body polliticke but such as are members of some of the churches within the lymitts of the same....

[The italicized clause in the above entry is the one which indirectly established a life-tenure for Assistants, contrary to the charter provision for annual reëlection of all such officers. The "commons" were to be permitted to suggest and choose new Assistants (since the charter-number of eighteen was far from full), but, once elected, the Assistant held until deposed for cause.

At this same court, 116 freemen were elected, including those who had so applied in the preceding October. Whether this admission was before or after the legislation given above is wholly uncertain from the Records; but the natural inference is that the applicants were asked to assent to these changes also as a prerequisite to admission. After this meeting, voters are always referred to as "freemen." The words "people" and "commons" used in these records of October, 1630, and May, 1631, refer, presumably, to people not yet admitted to the political corporation.]

64. The First "Popular" Movement—Watertown Protest, 1632

Winthrop's History of New England (under dates given).

Cf. introductory statements to No. 62 a above.

Winthrop's bias for aristocratic organization in politics and in industry appears always in most naïve unconsciousness;[48] but his fine candor and magnanimity make his book as attractive as it is valuable.

[November 23, 1631.] The congregation at Watertown (whereof Mr. George Phillips was pastor) had chosen one Richard Brown for their elder, before named, who, persisting in his opinion of the truth of the Romish church, and maintaining other errors withal, and being a man of a very violent spirit, the court wrote a letter to the congregation, directed to the pastor and brethren, to advise them to take into consideration, whether Mr. Brown were fit to be continued their elder or not; to which, after some weeks, they returned answer to this effect: That if we would take the pains to prove such things as were objected against him, they would endeavour to redress them.

[The dissensions in the Watertown church soon led to a more active interference by the government of the colony. The party of the elder and pastor plainly resented this interference. There may be some connection between that fact and the following famous "remonstrance" in the matter of taxation.]

[1631/2. February 17.] The governour and assistants called before them, at Boston, divers of Watertown; the pastor and elder by letter, and the others by warrant. The occasion was, for that a warrant being sent to Watertown for levying of £8, part of a rate of £60, ordered for the fortifying of the new town, the pastor and elder, etc., assembled the people and delivered their opinions, that it was not safe to pay moneys after that sort, for fear of bringing themselves and posterity into bondage. Being come before the governour and council, after much debate, they acknowledged their fault, confessing freely, that they were in an error, and made a retractation and submission under their hands, and were enjoined to read it in the assembly the next Lord's day. The ground of their error was, for that they took this government to be no other but as of a mayor and aldermen, who have not power to make laws or raise taxations without the people; but understanding that this government was rather in the nature of a parliament, and that no assistant could be chosen but by the freemen, who had power likewise to remove the assistants and put in others, and therefore at every general court (which was to be held once every year) they had free liberty to consider and propound anything concerning the same, and to declare their grievances, without being subject to question, or, etc., they were fully satisfied; and so their submission was accepted, and their offence pardoned.

[Winthrop was overconfident. The Watertown men must soon have recovered from the browbeating he had given them. May 1, Winthrop called together the Assistants informally at his house, and warned them "that he had heard the people intended at the next court to desire that the Assistants might be chosen anew every year, and that the governor might be chosen by the whole court, and not by the Assistants only. Upon this, Mr. Ludlow grew into a passion, and said that then we should have no government, but there would be an interim wherein every man might do what he pleased." The others, however, did not anticipate quite such deplorable results, and wisely concluded to submit. The results appear in the following entry.]

[May 8, 1632.] A general court at Boston. Whereas it was (at our first coming) agreed, that the freemen should choose the assistants, and they the governour, the whole court agreed now, that the governour and assistants should all be new chosen every year by the general court, (the governour to be always chosen out of the assistants;) and accordingly the old governour, John Winthrop, was chosen; accordingly all the rest as before, and Mr. Humfrey and Mr. Coddington also, because they were daily expected....

... A proposition was made by the people that every company of trained men might choose their own captain and officers; but the governor giving them reasons to the contrary, they were satisfied without it.

Every town chose two men to be at the next court, to advise with the governour and assistants about the raising of a public stock, so as what they should agree upon should bind all, etc.

[The facts about this meeting of the General Court are given even more briefly in the Records, but in agreement with these statements of Winthrop. The Records omit, naturally, all reference to the preceding action at Watertown, which explains these reforms. The freemen had now recovered the right to choose all magistrates annually, together with some direct local control over taxation; but the lawmaking power was still retained, unconstitutionally, by the Assistants.]

65. Legislation and Administration by the "Assistants," 1630-1633

Records of Governor and Company of Massachusetts Bay, I (under dates given).

These extracts show the moral and economic ideas of the ruling class. The extracts are all taken from records of the Courts of Assistants, meeting at Charlestown or Boston.

(1) [August 23/September 2, 1630. The first "court" after the arrival of Winthrop.]

... It was ordered that carpenters, joyners, brickelayers, sawers, and thatchers shall not take above 2 s. a day, nor any man shall give more, under paine of X s....

(2) [September 28/October 8, 1630.]

... It is ordered that labourers [i.e., unskilled] shall not take above 12 d. a day for their worke, and not above 6d. and meate and drinke, under paine of X s....

(3) [November 30/December 10, 1630.]

... It is ordered that John Baker shalbe whipped for shooteing att fowle on the Sabbath day, etc.

[No law had been made regarding such an offense. This is an instance of an ex post facto law, made by the magistrates in imposing sentence.]

(4) [March 1/11, 1630/1631.]

... It is ordered that Mr. Aleworth, Mr. Weaver, Mr. Plastowe, Mr. Shuter, Cobbett, and Wormewood shalbe sent into England by the shipp Lyon, or soe many of them as the ship can carry, the rest to be sent thither by the 1st of May nexte, if there be opportunitie of shipping, if not, by the nexte shipp that returnes for England, as persons unmeete to inhabit here; and that Sir Christopher Gardner and Mr. Wright shalbe sent as prisoners into England by the shipp Lyon, nowe returneing thither.

[The two last named had been "tried" after a fashion. For the others, apparently, there was not even a form of trial, with or without a jury. The banishment was executive, not judicial.]

(5) [March 22/April 1, 1630/1631.]

... It is ordered, (that whereas the wages of carpenters, joyners, and other artificers and workemen, were by order of Court restrayned to particular sommes) [wages] shall nowe be lefte free and att libertie as men shall reasonably agree.

Further, it is ordered, that every toune within this pattent shall, before the 5th of Aprill nexte, take espetiall care that every person within their toune, (except magistrates and ministers,) as well servants as others, [be] furnished with good and sufficient armes allowable by the captain or other officers, those that want and are of abilitie to buy them themselves, others that are unable to have them provided by the toune, for the present, and after to receive satisfacion for that they disburse when they shalbe able.

It is likewise ordered that all persons whatsoever that have cards, dice, or [gaming] tables in their howses, shall make away with them before the nexte Court....

(6) [May 3/13, 1631.]

It is ordered, that John Legge, servant to Mr. Humfry, shalbe severely whipped this day att Boston, and afterwards, soe soone as conveniently may be, att Salem, for strikeing Richard Wright, when hee came to give him correccion for idleness in his maisters worke.

[Apparently Wright (who was not even the "master" of Legge) had struck first (that being the usual meaning of "give correction"); but a servant must not strike back.]

(7) [June 14/24, 1631.]

It is ordered, that Phillip Ratliffe shalbe whipped, have his eares cutt of, fyned 40 £, and banished out of the lymitts of this jurisdiccion, for uttering mallitious and scandulous speeches against the government and the church of Salem, etc., as appeareth by a particular thereof, proved upon oath.

[Apparently no jury trial was permitted in this case (or in several other equally serious cases noted in the early Records). For the definite establishment of the jury, see No. 67 b, below. It was already in use, however, in capital trials. (Cf. American History and Government, § 80.) The extracts from the Massachusetts Records regarding those early cases are too long to give here.]

(8) [July 26/August 5, 1531.]

... It is ordered, that Josias Plaistowe shall (for stealing 4 basketts of corne from the Indians) returne them 8 basketts againe, be ffined V £, and hereafter to be called by the name of Josias, and not Mr., as formerly hee used to be; and that William Buckland and Thomas Andrewe shalbe whipped for being accessary to the same offence.

[These two men were servants of Plaistowe. Cf. American History and Government, § 65, on the exemption of gentlemen from corporal punishment; and also No. 78, note 43, below.]

(9) [July 2/12, 1633.]

... It is ordered, that it shalbe lawfull for any man to kill any swine that comes into his corne: the party that ownes the swine is to have them, being kild, and allowe recompence for the damage they doe, etc....

(10) [September 3/13, 1633.]

Roberte Coles is ffined X £, and enjoyned to stand with a white sheete of paper on his back, wherein a drunkard shalbe written in greate letteres, and to stand therewith soe longe as the Court thinks meete, for abuseing himselfe shamefully with drinke.

[Cowles did not reform. A Court of March 4/14, 1633/34, passed the following sentence upon him:—

"It is ordered, that Roberte Coles, for drunkeness by him committed att Rocksbury, shalbe disfranchized, weare about his necke, and soe to hange upon his outward garment, a D, made of redd cloath, and sett upon white; to contynue this for a yeare, and not to leave it of att any tyme when hee comes amongst company, under the penalty of XI s for the first offence, and V £ the second, and after to be punished by the Court as they thinke meete; also, hee is to weare the D outwards, and is enjoyned to appeare att the nexte Generall Court, and to contynue there till the Court be ended."

Cowles seems to have been one of the early democratic agitators. The Records show that he was one of the deputies chosen in May, 1632, to help assess taxes. Possibly he had made himself obnoxious in such fashion to these aristocratic judges.]

(11) [October 1/11, 1633.]

It is ordered, that maister carpenters, sawers, masons, clapboard-ryvers, brickelayers, tylars, joyners, wheelwrights, mowers, etc., shall not take above 2 s. a day, findeing themselves dyett, and not above 14 d. a day if they have dyett found them, under the penalty of V s., both to giver and receaver, for every day that there is more given and receaved. Also, that all other inferior workemen of the said occupacions shall have such wages as the constable of the said place, and 2 other inhabitants, that hee shall chuse, shall appoynet.

Also, it is agreed, that the best sorte of labourers shall not take above 18 d. a day if they dyett themselves, and not above 8 d. a day if they have dyett found them, under the aforesaid penalty, both to giver and receaver.

Likewise, that the wages of inferior labourers shalbe referd to the constable and 2 other, as aforesaid.

Maister taylours shall not take above 12d. a day, and the inferior sorte not above 8d. if they be dyeted, under the aforesaid penalty; and for all other worke they doe att home proporcionably, and soe for other worke that shalbe done ... by any other artificer.

Further, it is ordered, that all workemen shall worke the whole day, alloweing convenient tyme for foode and rest. This order to take place the 12th of this present moneth. [The "whole day" was from sun-rise to sun-set.]

It is further ordered, that noe person, howse houlder or other, shall spend his time idlely or unproffitably, under paine of such punishment as the Court shall thinke meete to inflicte; and for this end it is ordered, that the constable of every place shall use spetiall care and deligence to take knowledge of offenders in this kinde, espetially of common coasters, unprofittable fowlers, and tobacco takers, and to present the same to the 2 nexte Assistants, whoe shall have power to heare and determine the cause, or, if the matter be of importance, to transferr it to the Court.

[The following entries from Winthrop's History show the desperate feeling of the servants and the attitude of the gentry class at this time:—

"August 6, 1633. Two men servants to one Moodye, of Roxbury, returning in a boat from the windmill, struck upon the oyster bank. They went out to gather oysters, and, not making fast their boat, when the flood came, it floated away, and they were both drowned, although they might have waded out on either side; but it was an evident judgment of God upon them, for they were wicked persons. One of them, a little before, being reproved for his lewdness, and put in mind of hell, answered, that if hell were ten times hotter, he had rather be there than he would serve his master, etc. The occasion was, because he had bound himself for divers years, and saw that, if he had been at liberty, he might have had greater wages, though otherwise his master used him very well.

"November, 1633. ... The scarcity of workmen had caused them to raise their wages to an excessive rate, so as a carpenter would have three shillings the day, a laborer two shillings and sixpence, etc.; and accordingly those who had commodities to sell advanced their prices sometime double to that they cost in England, so as it grew to a general complaint, which the court, taking knowledge of, as also of some further evils, which were springing out of the excessive rate of wages, they made an order, that carpenters, masons, etc., should take but two shillings the day, and laborers but eighteen pence, and that no commodity should be sold at above four pence in the shilling more than it cost for ready money in England; oil, wine, etc., and cheese (in regard of the hazard of bringing, etc.,) excepted. ..."

Winthrop, no doubt, put the cart before the horse. The increased cost of all European goods, due to high freights, necessitated higher wages; but Winthrop resents any attempt of the laborers to ask more than their old European wages.]

66. The Beginning of Town Government in Massachusetts, 1633

Dorchester Town Records, p. 3.

For some three years after the great migration of 1630, the eight Massachusetts "towns" were governed wholly by the central colonial authority,—the courts of Assistants and the General Courts,—and by officers appointed by this central authority. The entry below marks the beginning of local self-government. The Dorchester Records, it is true, contain notice of four earlier meetings to regulate pasturage or the division of town lands (cf. one such Boston meeting later; No. 73 b); but here we have a formal assumption of government by periodic town meetings and "select men." The next town to act in a like way was Watertown (cf. No. 83, opening). Later (cf. No. 78, law 66), the central government accepted this establishment of local government, giving it the sanction of law. On the history of this movement, see American History and Government, §§ 71-74.

An agreement made by the whole consent and vote of the Plantation made Mooneday 8th of October, 1633.

Inprimus it is ordered that for the generall good and well ordering of the affayres of the Plantation their shall be every Mooneday before the Court by eight of the Clocke in the morning, and presently upon the beating of the drum, a generall meeting of the inhabitants of the Plantation att the meeteing house, there to settle (and sett downe) such orders as may tend to the generall good as aforesayd; and every man to be bound thereby without gaynesaying or resistance. It is also agreed that there shall be twelve men selected out of the Company that may or the greatest part of them meete as aforesayd to determine as aforesayd, yet so as it is desired that the most of the Plantation will keepe the meeteing constantly and all that are there although none of the Twelve shall have a free voyce as any of the 12 and that the greate[r] vote both of the 12 and the other shall be of force and efficasy as aforesayd. And it is likewise ordered that all things concluded as aforesayd shall stand in force and be obeyed untill the next monthely meeteing and afterwardes if it be not contradicted and other wise ordered upon the sayd monthley meete[ing] by the greatest parts of those that are present as aforesayd.

67. Representative Central Government Established, 1634

a. Winthrop's Account

Winthrop's History of New England, under dates given. Cf. Introduction to No. 64 for Winthrop's bias.

For the outline of the whole story, cf. American History and Government, § 64.

[April 1, 1634.] ... Notice being sent out of the general court to be held the 14th day of the third month, called May, the freemen deputed two of each town to meet and consider of such matters as they were to take order in at the same general court; who, having met, desired a sight of the patent, and, conceiving thereby that all their laws should be made at the general court, repaired to the governour to advise with him about it, and about the abrogating of some orders formerly made, as for killing of swine in corn,[49] etc. He told them, that, when the patent was granted, the number of freemen was supposed to be (as in like corporations) so few, as they might well join in making laws; but now they were grown to so great a body, as it was not possible for them to make or execute laws, but they must choose others for that purpose: and that howsoever it would be necessary hereafter to have a select company to intend that work, yet for the present they were not furnished with a sufficient number of men qualified for such a business; neither could the commonwealth bear the loss of time of so many as must intend it. Yet this they might do at present, viz., they might, at the general court, make an order, that, once in the year, a certain number should be appointed (upon summons from the governour) to revise all laws, etc., and to reform what they found amiss therein; but not to make any new laws, but prefer their grievances to the court of assistants; and that no assessment should be laid upon the country without the consent of such a committee, nor any lands disposed of....

[May 14.] At the general court, Mr. Cotton preached, and delivered this doctrine, that a magistrate ought not to be turned into the condition of a private man without just cause, and to be publicly convict, no more than the magistrates may not turn a private man out of his freehold, etc., without like public trial, etc. This falling in question in the court, and the opinion of the rest of the ministers being asked, it was referred to further consideration.

The court chose a new governour, viz., Thomas Dudley,[50] Esq., the former deputy; and Mr. Ludlow was chosen deputy; and John Haines, Esq., an assistant, and all the rest of the assistants chosen again.

At this court it was ordered, that four general courts should be kept every year, and that the whole body of the freemen should be present only at the court of election of magistrates, etc., and that, at the other three, every town should send their deputies, who should assist in making laws, disposing lands, etc. Many good orders were made by this court. It held three days, and all things were carried very peaceably, notwithstanding that some of the assistants were questioned by the freemen for some errors in their government, and some fines imposed, but remitted again before the court broke up. The court was kept in the meeting house at Boston, and the new governour and the assistants were together entertained at the house of the old governour, as before.

b. The Colony Records

(1) [An Attempt of the Oligarchic Government to hold the Allegiance of all Inhabitants by an Oath.]

The Oath for all Inhabitants prescribed at a Court of Assistants at Boston, April 1/11, 1634.

I doe heare sweare, and call God to witnes, that, being nowe an inhabitant within the lymitts of this jurisdiccion of the Massachusetts, I doe acknowledge myselfe lawfully subject to the aucthoritie and goverment there established and doe accordingly submitt my person, family, and estate, to be protected, ordered, and governed by the lawes and constitucions thereof, and doe faithfully promise to be from time to time obedient and conformeable thereunto, and to the aucthoritie of the Governor, and all other the magistrates there, and their successors, and to all such lawes, orders, sentences, and decrees, as nowe are or hereafter shalbe lawfully made, decreed, and published by them or their successors. And I will alwayes indeavor (as in duty I am bound) to advance the peace and wellfaire of this body pollitique, and I will (to my best power and meanes) seeke to devert and prevent whatsoever may tende to the ruine or damage thereof, or of the Governor, Deputy Governor, or Assistants, or any of them or their successors, and will give speedy notice to them, or some of them, of any sedicion, violence, treacherie, or other hurte or evill which I shall knowe, heare, or vehemently suspect to be plotted or intended against them or any of them, or against the said Commonwealth or goverment established. Soe helpe mee God.

(2) [The Revolutionary General Court of May 14/24, 1634.]

This court opens with a list of those present, giving, after the names of the Assistants, twenty-four other names written in different columns, before the usual word Generalitie. These twenty-four seem to have come, by threes, from each of the eight towns. It is quite certain that they were "deputies" sent for the purpose by the towns. Cf. American History and Government, § 64.

Oath of Freemen

I (A. B.), being, by Gods providence, an inhabitant and ffreeman within the jurisdiccion of this commonweale, doe freely acknowledge my selfe to be subject to the goverment there of, and therefore doe heere sweare, by the greate and dreadfull name of the everlyveing God, that I wilbe true and faithfull to the same, and will accordingly yeilde assistance and support thereunto, with my person and estate, as in equity I am bound, and will also truely indeavor to mainetaine and preserve all the libertyes and previlidges thereof, submitting my selfe to the wholesome lawes and orders made and established by the same; and further, that I will not plott nor practise any evill against it, nor consent to any that shall soe doe, but will timely discover and reveale the same to lawful aucthority nowe here established, for the speedy preventing thereof. Moreover, I doe solemnely bynde myselfe, in the sight of God, that when I shalbe called to give my voice touching any such matter of this state, wherein ffreemen are to deale, I will give my vote and suffrage, as I shall judge in myne oune conscience may best conduce and tend to the publique weale of the body, without respect of persons, or favor of any man. Soe helpe mee God, in the Lord Jesus Christ.[51]

Further, it is agreed, that none but the Generall Court hath power to chuse and admitt ffreemen.

That none but the Generall Court hath power to make and establishe lawes, nor to elect and appoynct officers, as Governor, Deputy Governor, Assistants, Tresurer, Secretary, Captain, Leiuetenants, Ensignes, or any of like moment, or to remove such upon misdemeanor, as also to sett out the dutyes and powers of the said officers.

That none but the Generall Court hath power to rayse moneyes and taxes, and to dispose of lands, viz. to give and confirme proprietyes.

Thomas Dudley, Esq. was chosen Governor for this yeare nexte ensueing, and till a newe be chosen, and did, in presence of the Court, take an oath to his said place belonginge....

It is agreed, that there shalbe ten pounds ffine sett upon the Court of Assistants, and Mr. Mayhewe, for breach of an order of Court against imployeing Indeans to shoote with peeces, the one halfe to be payde by Mr. Pinchon and Mr. Mayhewe, offending therein, the other halfe by the Court of Assistants then in being, who gave leave thereunto.

It was further ordered, that the constable of every plantacion shall, upon process receaved from the Secretary, give timely notice to the ffremen of the plantacion where hee dwells to send soe many of their said members as the process shall direct, to attend upon publique service; and it is agreed that no tryall shall passe upon any, for life or banishment, but by a jury soe summoned, or by the Generall Courte.

It is likewise ordered that there shalbe foure Generall Courts held yearely, to be summoned by the Governor, for the tyme being, and not to be dissolved without the consent of the major parte of the Court.

It was further ordered that it shalbe lawfull for the ffremen of every plantacion to chuse two or three of each towne before every Generall Court, to conferre of and prepare such publique busines as by them shalbe thought fitt to consider of att the nexte Generall Court, and that such persons as shalbe hereafter soe deputed by the ffreemen of [the] severall plantacions, to deale in their behalfe, in the publique affayres of the commonwealth, shall have the full power and voyces of all the said ffreemen, deryved to them for the makeing and establishing of lawes, graunting of lands, etc., and to deale in all other affaires of the commonwealth wherein the ffreemen have to doe, the matter of election of magistrates and other officers onely, excepted, wherein every freeman is to gyve his owne voyce.[52]

All former orders concerneing swine are repealed. And it is agreed that every towne shall have liberty to make such orders aboute swine as they shall judge best for themselves, and that if the swine of one towne shall come within the lymitts of another, the owners thereof shalbe lyeable to the orders of that towne where their swine soe trespasseth....

68. Reaction: The Aristocratic Veto

Winthrop's History of New England.

[September 4, 1634.] The general court began at Newtown, and continued a week, and then was adjourned fourteen days. Many things were there agitated. ... But the main business, which spent the most time, and caused the adjourning of the court, was about the removal of Newtown [to Connecticut]....

Upon these and other arguments the court being divided, it was put to vote; and, of the deputies, fifteen were for their departure, and ten against it. The governour and two assistants were for it, and the deputy and all the rest[53] of the assistants were against it, (except the secretary, who gave no vote;) whereupon no record was entered, because there were not six assistants in the vote,[53] as the patent requires. Upon this grew a great difference between the governour and assistants, and the deputies. They would not yield the assistants a negative voice, and the others (considering how dangerous it might be to the commonwealth, if they should not keep that strength to balance the greater number of the deputies) thought it safe to stand upon it. So, when they could proceed no farther, the whole court agreed to keep a day of humiliation to seek the Lord, which accordingly was done, in all the congregations, the 18th day of this month; and the 24th the court met again. Before they began, Mr. Cotton preached, (being desired by all the court, upon Mr. Hooker's instant excuse of his unfitness for that occasion). He took his text out of Hag. ii, 4, etc., out of which he laid down the nature or strength (as he termed it) of the magistracy, ministry, and people, viz.,—the strength of the magistracy to be their authority; of the people, their liberty; and of the ministry, their purity; and showed how all of these had a negative voice, etc., and that yet the ultimate resolution, etc., ought to be in the whole body of the people, etc., with answer to all objections, and a declaration of the people's duty and right to maintain their true liberties against any unjust violence, etc., which gave great satisfaction to the company. And it pleased the Lord so to assist him, and to bless his own ordinance, that the affairs of the court went on cheerfully; and although all were not satisfied about the negative voice to be left to the magistrates, yet no man moved aught about it, and the congregation of Newtown came and accepted of such enlargement as had formerly been offered them by Boston and Watertown; and so the fear of their removal to Connecticut was removed. ... At this court were many laws made against tobacco, and immodest fashions, and costly apparel,[54] etc., as appears by the Records: and £600 raised towards fortifications and other charges....

69. Right of Free Speech Denied

Winthrop's History of New England.

March 4, 1634 [1635] ... At this court, one of the deputies was questioned for denying the magistracy among us, affirming that the power of the governour was but ministerial, etc. He had also much opposed the magistrates, and slighted them, and used many weak arguments against the negative voice, as himself acknowledged upon record. He was adjudged by all the court to be disabled for three years from bearing any public office....

[This was Israel Stoughton, deputy from Dorchester (see No. 70, below). Afterward Stoughton was an officer in Cromwell's original regiment of Ironsides.

Winthrop wrote a pamphlet in favor of the negative voice; but for this he was not called to account.]

70. Formal Adoption of the Ballot in Elections in the General Court

Winthrop's History of New England. For the one earlier instance, cf. No. 67 a and note.

[May 6/16, 1635.] A general court was held at Newtown, where John Haynes, Esq., was chosen governour, Richard Bellingham, Esq., deputy governour, and Mr. Hough and Mr. Dummer chosen assistants to the former; and Mr. Ludlow, the late deputy, left out of the magistracy. The reason was, partly, because the people would exercise their absolute power, etc., and partly upon some speeches of the deputy, who protested against the election of the governour as void, for that the deputies of the several towns had agreed upon the election before they came, etc.[55] But this was generally discussed, and the election adjudged good.

Mr. Endecott was also left out, and called into question about the defacing the cross in the ensign....

The governour and deputy were elected by papers, wherein their names were written; but the assistants were chosen by papers, without names, viz. the governour propounded one to the people; then they all went out, and came in at one door, and every man delivered a paper into a hat. Such as gave their vote for the party named, gave in a paper with some figures or scroll in it; others gave in a blank.

A petition was preferred by many of Dorchester, etc., for releasing the sentence against Mr. Stoughton the last general court; but it was rejected, and the sentence affirmed by the country to be just....

71. Secret Ballot in a Local Election, because of Democratic and Aristocratic Jealousies

Winthrop's History of New England.

The use of the ballot noted in No. 70 was not the first in New England. An earlier instance in the General Court of the year before has been noted (No. 67 a, note), and the following extract shows an instance of its use in a town election, along with other interesting political data. On the matter of the ballot, cf. American History and Government, § 77.

December 11, 1634. This day after the lecture,[56] the inhabitants of Boston met to choose seven men who should divide the town lands among them. They chose by papers, and, in their choice, left out Mr. Winthrop, Coddington, and other of the chief men; only they chose one of the elders and a deacon, and the rest of the inferior sort, and Mr. Winthrop had the greater number before one of them by a voice or two. This they did, as fearing that the richer men would give the poorer sort no great proportions of land, but would rather leave a great part at liberty for new comers and for common, which Mr. Winthrop had oft persuaded them unto, as best for the town, etc. Mr. Cotton and divers others were offended at this choice, because they declined the magistrates; and Mr. Winthrop refused to be one upon such an election as was carried by a voice or two, telling them, that though, for his part, he did not apprehend any personal injury, nor did doubt of their good affection towards him, yet he was much grieved that Boston should be the first who should shake off their magistrates, especially Mr. Coddington, who had been always so forward for their enlargement; adding further reason of declining this choice, to blot out so bad a precedent. Whereupon, at the motion of Mr. Cotton, who showed them, that it was the Lord's order among the Israelites to have all such businesses committed to the elders, and that it had been nearer the rule to have chosen some of each sort, etc., they all agreed to go to a new election, which was referred to the next lecture day.[57]

72. Martial Law

Records of the Governor and Company of Massachusetts Bay.

Att a Generall Court holden at NeweTowne, March 11th, 1634 [March 21, 1635.]

It is ordered, that the present Governor, Deputy Governor, John Winthrop, John Humfry, John Haynes, John Endicott, William Coddington, William Pinchon, Increase Nowell, Richard Bellingham, Esquire, and Simon Birdstreete, or the major parte of them, whoe are deputed by this Court to dispose of all millitary affaires whatsoever, shall have full power and aucthority to see all former lawes concerneing all military men and municion executed, and also shall have full power to ordeyne or remove all millitary officers, and to make and tender to them an oathe suteable to their places, to dispose of all companyes, to make orders for them, and to make and tender to them a suteable oath, and to see that strickt dissipline and traineings be observed, and to command them forth upon any occacion they thinke meete, to make either offensive or defensive warr, as also to doe whatsoever may be further behoofefull, for the good of this plantacion, in case of any warr that may befall us, and also that the aforesaid commissioners, or the major parte of them, shall have power to imprison or confine any that they shall judge to be enemyes to the commonwealth, and such as will not come under command or restrainte, as they shalbe required, it shalbe lawfull for the said commissioners to putt such persons to death. This order to continue till the end of the next Generall Court.

[At the next Court (May, 1635; the same to which Winthrop refers in No. 70, above), this committee with its authority was continued for one year, though this power was wholly unauthorized by the charter. The reason was a desire to be prepared to resist a "General Governor" from England. Cf. American History and Government, § 61.]

73. Life Council; Proxies; "Approved" Churches

Winthrop's History of New England.

April 7, 1636. At a general court it was ordered that a certain number of the magistrates should be chosen for life (the reason was, for that it was showed from the word of God, etc., that the principal magistrates ought to be for life).[58] ... It was likewise ordered ... that, in regard of the scarcity of vituals, the remote towns should send their votes by proxy to the court of elections,[59] and that no church ... should be allowed ... that was gathered without consent of the churches and magistrates.[60]

74. The Wheelwright Controversy (Political Aspects)

Winthrop's History of New England.

May 17, 1637. Our court of elections was at Newtown. So soon as the court was set, being about one of the clock, a petition was preferred by those of Boston. The governour would have read it, but the deputy said it was out of order; it was a court for elections, and those must first be despatched, and then their petitions should be heard. Divers others also opposed that course, as an ill precedent, etc.; and the petition, being about pretence of liberty, etc., (though intended chiefly for revoking the sentence given against Mr. Wheelwright,) would have spent all the day in debate, etc.; but yet the governour and those of that party would not proceed to election, except the petition was read. Much time was already spent about this debate, and the people crying out for election, it was moved by the deputy, that the people should divide themselves, and the greater number must carry it. And so it was done, and the greater number by many were for election. But the governour [Vane] and that side kept their place still, and would not proceed. Whereupon the deputy [Winthrop] told him, that, if he would not go to election, he and the rest of that side would proceed. Upon that, he came from his company, and they went to election; and Mr. Winthrop was chosen governour, Mr. Dudley deputy, and Mr. Endecott of the standing council; and Mr. Israel Stoughton and Mr. Richard Saltonstall were called in to be assistants; and Mr. Vane, Mr. Coddington, and Mr. Dummer, (being all of that faction,) were left quite out.

There was great danger of a tumult that day; for those of that side grew into fierce speeches, and some laid hands on others; but seeing themselves too weak, they grew quiet. They expected a great advantage that day, because the remote towns were allowed to come in by proxy; but it fell out, that there were enough beside. But if it had been otherwise, they must have put in their deputies, as other towns had done, for all matters beside elections. Boston, having deferred to choose deputies till the election was passed, went home that night, and the next morning they sent Mr. Vane, the late governour, and Mr. Coddington, and Mr. Hoffe, for their deputies; but the court, being grieved at it, found a means to send them home again, for that two of the freemen of Boston[61] had not notice of the election. So they went all home, and the next morning they returned the same gentleman again upon a new choice; and the court not finding how they might reject them, they were admitted....

75. Political and Social Conditions in New England before 1660

a. Correspondence between Cotton and Certain English Lords, 1636

Thomas Hutchinson's History of Massachusetts Bay (1769), App. II.

In 1636, certain Puritan lords in England sent to John Cotton in Massachusetts a series of conditions upon which they might come to live in the colony. Cotton prepared the answers, with "such leading men as [he] thought meete to consult."

CERTAIN Proposals made by LORD SAY, LORD BROOKE, and other Persons of quality, as conditions of their removing to NEW-ENGLAND, with the answers thereto.

Demand 1. That the Commonwealth should consist of two distinct ranks of men,—whereof the one should be (for them and their heirs) gentlemen of the country; the other (for them and their heirs) freeholders.

Answer. Two distinct ranks we willingly acknowledge, from the light of nature and scripture; the one of them called Princes or Nobles, or Elders (amongst whom gentlemen have their place); the other, the people. Hereditary dignity or honours we willingly allow to the former, unless by the scandalous and base conversation of any of them, they become degenerate. Hereditary liberty, or estate of freemen, we willingly allow to the other, unless they also, by some unworthy and slavish carriage, do disfranchize themselves.

Dem. 2. That in these gentlemen and freeholders, assembled together, the chief power of the Commonwealth shall be placed, both for making and repealing laws.

Ans. So it is with us.

Dem. 3. That each of these two ranks should, in all public assemblies, have a negative voice, so as without a mutuall consent nothing should be established.

Ans. So it is agreed among us.

Dem. 4. That the first rank (consisting of gentlemen) should have power, for them and their heirs, to come to the parliaments or public assemblies, and there to give their free votes personally; the second rank (of freeholders) should have the same power for them and their heirs of meeting and voting, but by their deputies.

Ans. Thus far this demand is practiced among us. The freemen meet and vote by their deputies; the other rank give their votes personally, only with this difference, there be no more of the gentlemen that give their votes personally but such as are chosen to places of office, either governors, deputy governors, councellors, or assistants. All gentlemen in England have not that honour to meet and vote personally in parliament, much less all their heirs. But of this more fully, in an answer to the ninth and tenth demand.

Dem. 5. That for facilitating and dispatch of business, and other reasons, the gentlemen and freeholders should sit and hold their meetings in two distinct houses.

Ans. We willingly approve the motion, only as yet it is not so practiced among us, but in time, the variety and discrepancy of sundry occurrences will put them upon a necessity of sitting apart.

Dem. 8. [The governor to be chosen from "gentlemen."]

Ans. We never practice otherwise, chusing the governor either out of the assistants, which is our ordinary course, or out of approved known gentlemen, as this year, Mr. Vane.

Dem. 9. That for the present, the Right Honorable the Lord Viscount Say and Seale, the Lord Brooke, who have already been at great disbursements for the public works in New-England, and such other gentlemen of approved sincerity and worth, as they, before their personal remove, shall take into their number, should be admitted for them and their heirs, gentlemen of the country. But for the future, none shall be admitted into this rank but by the consent of both houses.

Ans. The great disbursements of these noble personages and worthy gentlemen we thankfully acknowledge, because the safety and presence of our brethren at Connecticut is no small blessing and comfort to us. But, though that charge had never been disbursed, the worth of the honorable persons named is so well known to all, and our need of such supports and guides is so sensible to ourselves, that we do not doubt the country would thankfully accept it, as a singular favor from God and from them, if he should bow their hearts to come into this wilderness and help us. As for accepting them and their heirs into the number of gentlemen of the country, the custom of this country is, and readily would be, to receive and acknowledge, not only all such eminent persons as themselves and the gentleman they speake of, but others of meaner estate, so be it is of some eminency, to be for them and their heirs, gentlemen of the country. Only, thus standeth our case. Though we receive them with honor and allow them pre-eminence and accomodations according to their condition, yet we do not, ordinarily, call them forth to the power of election, or administration, of magistracy, until they be received as members into some of our churches, a privelege, which we doubt not religious gentlemen will willingly desire (as David did in Psal. xxvii. 4) and christian churches will as readily impart to such desirable persons. Hereditary honors both nature and scripture doth acknowledge (Eccles. x. 17.) but hereditary authority and power standeth only by the civil laws of some commonwealths, and yet even amongst them, the authority and power of the father is nowhere communicated, together with his honors, unto all his posterity. Where God blesseth any branch of any noble or generous family, with a spirit and gifts fit for government, it would be a taking of God's name in vain to put such a talent under a bushel, and a sin against the honor of magistracy to neglect such in our public elections. But if God should not delight to furnish some of their posterity with gifts fit for magistracy, we would expose them rather to reproach and prejudice, and the commonwealth with them, than exalt them to honor, if we should call them forth, when God doth not, to public authority....

Notes in this chapter

Note 1 · See b above.Note 2 · The first document under this number should logically be a repetition of the Cambridge Agreement, above.Note 3 · Observe the setting off of this "lady" from the women of the gentry families. A like sequence occurs below. Hawthorne's Grandfather's Chair Note 4 · Dunkirk was held by Spain, with whom England was still practically at war. Ships from Dunkirk preyed upon English commerce in the Channel.Note 5 · Winthrop uses the official plural, for the dignity of his office. The first person was soon discarded for the third.Note 6 · Two ministers, a teacher and a pastor, were customary. The differences in duties were not very important.Note 7 · But cf. the entry for November 22, 1632, when no such protestation is made: "A fast was held by the congregation of Boston, and Mr. Wilson (Note 8 · This is an old use of the word family, to include Winthrop's many dependents, even married servants.Note 9 · The Lady Arbella was of the house of Lincoln.Note 10 · Had the Assistants legal right, under the charter, to appoint such officers and define their powers? It is worthy of note, that, Nov. 30/DecNote 11 · Cf. American History and Government, §§ 62, 64, 77, note, etc., for several illustrative quotations not given in this volume.Note 12 · Cf. No. 65 (9).Note 13 · A marginal note in the manuscript, in Winthrop's handwriting, adds "chosen by papers." This election of Winthrop's rival, by a secret ballotNote 14 · For the significance of the difference between this oath and that in (1) above, cf. American History and Government, § 64.Note 15 · This enactment is the formal establishment of representative government in the colony,—in accordance with the character of this Court which Note 16 · Not more than four, so the vote stood probably 18 for, and 15 against. But the new claim of the Assistants that at least six magistrates musNote 17 · It is refreshing to see that the gentle Puritan women were not to be controlled in the matter. In 1638, four years later, Winthrop has the fNote 18 · Cf. Ludlow's extreme fear of democracy in No. 64, above.Note 19 · The mid-week (Thursday) religious service, then held in the morning, of which our Thursday evening "prayer meetings" are a survival. Boston Note 20 · The aristocratic protest won; at the second election, the usual gentlemen were placed upon the committee.Note 21 · The immediate occasion was the desire to satisfy Lord Say and Lord Brooke. Cf. No. 75, below.Note 22 · This provision for "proxies," or written ballots (as the men of that day used the term "proxy" often), was soon extended to all towns at allNote 23 · The regulation regarding churches was needful to supplement the restriction of the franchise to church members (No. 63 (4)).Note 24 · Presumably Winthrop and Cotton, who had stayed at Newtown for the Court.
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