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Fiske, John, 1842-1901

"The Beginnings of New England Or the Puritan Theocracy in its Relations to Civil and Religious Liberty"

By
a curious legal fiction of the Massachusetts charter the colonists were
supposed to hold their land as in the manor of East Greenwich near
London, and it was argued that they were represented in Parliament by
the members of the county or borough which contained that manor, and
were accordingly subject to the jurisdiction of Parliament. It was
further argued that since the king had no absolute sovereignty
independent of Parliament he could not by charter impart any such
independent sovereignty to others. Winthrop did not dispute these
points, but observed that the safety of the commonwealth was the supreme
law, and if in the interests of that safety it should be found necessary
to renounce the authority of Parliament, the colonists would be
justified in doing so. [Sidenote: Winthrop's prophetic opinion] [22]
This was essentially the same doctrine as was set forth ninety-nine
years later by young Samuel Adams in his Commencement Oration at
Harvard.
The case of the Presbyterian cabal admits of briefer treatment than that
of Gorton. There had now come to be many persons in Massachusetts who
disapproved of the provision which restricted the suffrage to members of
the Independent or Congregational churches of New England, and in 1646
the views of these people were presented in a petition to the General
Court.


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