Papers of the Winthrop Family, Volume 4
1642-10-14
. . . generall Councell of the State onely: and therefore, in their first institution, they were appointed, as the representative bodye of the Freemen, and therefore, where the people cannot exercise Judicature in their owne persons, thoughe they have power to substitute others, there their deputyes are not Judges in waye of such an Ordinance and I feare least this hathe been a great Cause of Gods withholdinge so muche of his presence from vs, since that Court hathe dealt so frequently in judginge private Causes, to which they have no ordinary callinge, that I knowe: for our Saviour teaches vs, that everye man that shall exercise power of Judgment over others, must be able to prove his Callinge thereto. Not that I deny that Court all power of Judicature, (for the bodye of the freemen may exercise it, in some transcendent Cases, where other remedye fayles) but in small and ordinary Causes, which properly belonge to other inferiour courts, I see no Rule to warrant our practice (but of this onely obiter). Now you may iudge, how muche it concerned the honor of the Court that (when so much blame was layd vpon it throughe the wholl countrye) it might be knowne, how the opinion and advice of the magistrates, or the greater parte of them, stood in the Case.
One thinge more I shall make bould to Commende to your wise consideration, as a matter of great Concernment: I vnderstande, there is a purpose in some to possesse the people with this opinion, that it is the power of the Neg: vote in the magistrates, that hath occasioned all the late troubles, and therefore they should take it awaye, at the next Court of Elections, and be360cause it is knowne that diverse of the magistr
If it should so fall out, I may bouldly saye, I knowe not any thing could be more dishonorable and dangerous to our State; dishonorable it would be, to take the power from those whom the Countrye pickes out, as the most able for publ
Againe, if the Court of Assistance doe injustice, or mistake in any cause, what help is there, if the magistrates have a Neg: vote in the generall Court? To this it may allso be Answer
The last thing that I will trouble your patience with at the present is about a position maintained in the Countrye, (and those none of the worst) that it should be dangerous for the Com
The ende of my writinge to you about these matters, is both to discover to you the dangers I have discerned, and allso to crave your advice and helpe, so far as the power and dutye of your place in the Churches, doth call for it from you: If in any thinge I be mistaken, I shall thankfully accept your lovinge corrections, but for the sinceritye of my heart, and searious intentions, for the publ
Fragment in Harvard College Library;
L. and L.
, II. 277–279. For Winthrop's account of the meeting of the elders, convened at Ipswich on October 18,1642, and of their deliberations on Richard Saltonstal's treatise against the Standing Council, see Journal, II. 86–88D.J.W.