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....
Public-domain text, read in full here on John Shaqi.
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