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Adams, Brooks, 1848-1927

"The Emancipation of Massachusetts"

[Footnote:
Winthrop, ii. 222, 223.] Winthrop happened to be deputy governor that
year, and the aggrieved officer applied to him for protection; whereupon,
as the defendants seemed inclined to be recalcitrant, several were
committed in open court, among whom were three of Mr. Hubbert's brothers.
Forthwith the clergyman in great wrath headed a petition to which he
obtained a large number of signatures, in which he prayed the General
Court to take cognizance of the cause, since it concerned the public
liberty and the liberty of the church.
At its next session, the legislature proceeded to examine the whole case,
and Winthrop was brought to trial for exceeding his jurisdiction as a
magistrate. A contest ensued between the deputies and assistants, which
was finally decided by the influence of the elders. The result was that
Winthrop was acquitted and Mr. Hubbert and the chief petitioners were
fined. [Footnote: Winthrop, ii. 227.]
In March the constable went to Hingham to collect the money, [Footnote:
1645-46, 18 March.] but he found the minister indisposed to submit in
silence. About thirty people had collected, and before them all Mr.
Hubbert demanded the warrant; when it was produced he declared it
worthless because not in the king's name, and then went on to add that the
government "was not more then a corporation in England, and .


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