The sow business had started another question about the magistrates'
negative vote in the general court. The deputies generally were very
earnest to have it taken away; whereupon one of the magistrates
[Winthrop?] wrote a small treatise, wherein he laid down the original
of it from the patent, and the establishing of it by order of the
general court in 1634, showing thereby how it was fundamental to our
government, which, if it were taken away, would be a mere democracy.
He showed also the necessity and usefulness of it by many arguments
from scripture, reason, and common practice, etc. Yet this would not
satisfy, but the deputies and common people would have it taken away;
and yet it was apparent (as some of the deputies themselves confessed)
the more did not understand it. An answer also was written (by one of
the magistrates as was conceived) to the said treatise, undertaking
to avoid all the arguments both from the patent and from the order,
etc. This the deputies made great use of in this court, supposing
they had now enough to carry the cause clearly with them, so as they
pressed earnestly to have it presently determined. But the magistrates
told them the matter was of great concernment, even to the very frame
of our government; it had been established upon serious consultation
and consent of all the elders; it had been continued without any
inconvenience or apparent mischief these fourteen years; therefore it
would not be safe nor of good report to alter on such a sudden, and
without the advice of the elders: offering withal, that if upon such
advice and consideration it should appear to be inconvenient, or not
warranted by the patent and the said order, etc., they should be ready
to join with them in taking it away. Upon these propositions they were
stilled, and so an order was drawn up to this effect, that it was
desired that every member of the court would take advice, etc., and
that it should be no offence for any, either publicly or privately,
to declare their opinion in the case, so it were modestly, etc., and
that the elders should be desired to give their advice before the
next meeting of this court. It was the magistrates' only care to gain
time, that so the people's heat might be abated, for then they knew
they would hear reason, and that the advice of the elders might be
interposed;...
... One of the elders [Winthrop himself] also wrote a small treatise
wherein he handled the question, laying down the several forms of
government, both simple and mixt, and the true form of our government,
=and the unavoidable change into a democracy if the negative voice were
taken away=....
Public-domain text, read in full here on John Shaqi.
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