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A30053 The people's right to election, or, Alteration of goverment [sic] in Connecticut argued in a letter / by Gershom Bulkeley ...; together with a letter to the said Bulkeley from a friend of his in the Bay ; to which is added, The writing delivered to James Russell of Charlestown Esq. warning him and others concerned not to meet to hold a court at Cambridge within the county of Middlesex by Thomas Greaves ... ; and also his answer to Mr. Broadstreete and the gentlemen mett at the Town-house in Boston concerning the same. Bulkeley, Gershom, 1636-1713.; Friends of his in the Bay.; Greaves, Thomas. 1689 (1689) Wing B5401; ESTC R3337 14,979 18

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The PEOPLEs RIGHT TO ELECTION Or ALTERATION of GOVERMENT in Connecticutt ARGUED In a LETTER By Gershom Bulkeley Esq one of their Majesties Justices of the peace In the County of Hartford Together with a Letter to the said Bulkeley from a Friend of his in the BAY To which is added The Writing delivered to Iames Russell of Charlestown Esq warning him and others concerned not to meet to Hold a Court at Cambridge within the county of Middlesex By Thomas Greaves Esq Judge of their Majesties Inferior Court of Pleas and one of their Majesties Justices of the peace within the said County And also his ANSWER to Mr. Broadstreete and the Gentlemen mett at the Town-house in Boston concerning the same Published for the Informati0n Satisfaction of their Majesties loyall but 〈◊〉 Subjects in NEW ENGLAND Philadelphia Printed by Assignes of William Bradford Anno 1689. TO the honourable Robert Treat Esq and to the Worshipfull James Bishop William Jones James Fitch and other the Worshipful Iustices of the severall Coun●●●●● and any other whom it may concern assembling at Hartford To advise concerning Holding of a Court of Election by Virtue and according to the late Patent Sirs I am at this time by reason of bodily Infirmity unable to wait upon you in a suitable manner or to maintain discourse as this Occasion may require or indeed to write much yet considering the Exigency of the case I will do what I can apply my selfe to you as followeth And to prevent all prejudice against what I have to say I shall premise th●s much Viz. That tho' I was no free-man of the Colony yet I never was nor am an Enemy to our ancient Charter-priviledges and could they now be regularly Recovered I should rejoice in it and if I knew any thing whereby to justify the present proceeding I should not conceal it but we must not do evill that good may come of it I am not at all ambitious of keeping my place it is a Burthen and no Benefit to me an orderly discharge will be very welcome and the sooner the better if I could absolve my self from my oath it had not been to do now so that I am under no Temptation on these accounts T is onely the Trust reposed in me and my reall desire of the Common good which puts me on very well knowing that nothing but ill Will is like to be my reward Further I am sensible of mine inability to wade in those great Affaires and would not abound in my own sence nor in any sort take upon nor go about to teach those of whom I had need to learne yet Plus v●dent oculi quam oculus Many eyes see more than one and a weak eye may chance to see that which a better over-looks And I having with others tho much against my own Inclination received his Majesties Commission as a Justice of the Peace for the County of Hartfora and having at that time taken the Oaths of Supremacy and Obedience as also that of a justice for keeping of the Law the Conservation of the Peace and the quiet and good Government of the people it did concern me to Consider the Duty by these meanes so strongly bound upon me and accordingly I have since that time done my poor endeavour to inform my self in the Laws that I might discern between Right and Wrong for the good of the people Therefore in sence of my duty to God the King your selves and all his Majesties good people here for I am debtor to you all and am embarqued in the same Bottom with you and do account it my Duty to seek the peace of the place where I live therefore I say I shall not and I think I ought not be wholly silent at this time but according to that little which I have learned and observed I shall me destly and yet freely plainly offer a few Considerations to you which respect the present Affaire desireing you neither to accept nor reject what I say because it comes from me but according to its own merit for the matter in hand seems to me to be of very great Weight and I beseech you to consider and ponder it throughly before you engage in it forasmuch as an Irregularity in this Proceeding may be the beginning of great Calamity and Woe to this people The present Motion seems to me to be not only illegall needless unprofitable but indeed very criminal dangerous and hurtful to us and that upon these Considerations First Before you can Regularly or by Virtue of and according to your late Patent hold a Court of Election you must be first Restored to your former politick Capacity whereby you were under the Name of His Majesties Governour and Company of the English Colony of Connecticott Persons able capable in the Law to plead and be impleaded and to Have Take Require and possesse Lands and other Hereditaments c. of which that Priviledge of Government was a principall one given by your Patent For I reason thus If you do now assume the Government and proceed to Election you do it either in a private and personal Capacity or in a publick and politik Capacity I suppose you do not pretend to the First for that is not to do it according to your patent and besides it is criminall For Subjects in private Capacity to take upon them to set up exercise Government as they see cause is direct Rebellion Treason Therefore you must do it in a publick and politick Capacity but this you cannot do till you are restored to such a Capacity in which indeed you once were but now are not which I thus prove from the Patent it self Our late Soveraign King Charles the Second did in the year 1662 by his Letters Patents for himself his Heires and Successours Ordaine Consti●ue the therein named Patentees the then present future Freemen c. One Body politick and Corporate in fact and Name by the name of His Governour and Company of the English Colony of Connecticut in New-England in America and that by the same Name they and their Successours shall and may have perpetuall Succession and shall may be persons able capable in the law to plead be impleaded to Answer be Answered unto to defend be defended in all Suits Causes Quarrels Matters Actions and things of what kind and nature soever And also to Have Take Possesse Acquire and Purchase Lands Tenements and Hereditaments c. This is the expresse Letter of that Clause of the Patent whereby you were constituted one body politick and Corporate able and capable in the Law as aforesaid and whereby also you were by the name of Governour and Company to have perpetuall Succession or to be perpetuated by annuall Election at least as the Patent afterwards shews and upon this Clause do all the priviledges afterwards granted depend But now you are not such a Body politick and Corporate capable in