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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..ded324c --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #53843 (https://www.gutenberg.org/ebooks/53843) diff --git a/old/53843-0.txt b/old/53843-0.txt deleted file mode 100644 index 5930093..0000000 --- a/old/53843-0.txt +++ /dev/null @@ -1,3152 +0,0 @@ -The Project Gutenberg eBook, Oaths of Allegiance in Colonial New England, -by Charles Evans - - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - - - - -Title: Oaths of Allegiance in Colonial New England - - -Author: Charles Evans - - - -Release Date: December 31, 2016 [eBook #53843] - -Language: English - -Character set encoding: UTF-8 - - -***START OF THE PROJECT GUTENBERG EBOOK OATHS OF ALLEGIANCE IN COLONIAL -NEW ENGLAND*** - - -E-text prepared by Richard Tonsing and the Online Distributed Proofreading -Team (http://www.pgdp.net) from page images generously made available by -Internet Archive (https://archive.org) - - - -Note: Project Gutenberg also has an HTML version of this - file which includes the original illustrations. - See 53843-h.htm or 53843-h.zip: - (http://www.gutenberg.org/files/53843/53843-h/53843-h.htm) - or - (http://www.gutenberg.org/files/53843/53843-h.zip) - - - Images of the original pages are available through - Internet Archive. See - https://archive.org/details/oathsofallegianc00evan - - -Transcriber’s note: - - Text enclosed by underscores is in italics (_italics_). - - Text enclosed by plus signs has been inserted (+inserted+). - - Text enclosed by equal signs was struck through - (=struck through=). - - A carat character is used to denote superscription. A - single character following the carat is superscripted - (example: y^e). Multiple superscripted characters are - enclosed by curly brackets (example: w^{th}). - - Some characters might not display in this UTF-8 text - version or in the html version. If so, the reader should - consult the iso-8859-1 (Latin-1) text file 53843-8.txt - or 53843.zip: - http://www.gutenberg.org/files/53843/53843-8.txt - or - http://www.gutenberg.org/files/53843/53843-8.zip - or should consult the original page images referred to - above. - - - - - -American Antiquarian Society - -OATHS OF ALLEGIANCE IN COLONIAL NEW ENGLAND - -by - -CHARLES EVANS - - - -Reprinted from the Proceedings of the American Antiquarian Society -for October, 1921 - - - - - - - -Worcester, Massachusetts, U.S.A. -Published by the Society -1922 - -The Davis Press -Worcester, Massachusetts - - - - -CONTENTS - - In England. - The Oath of Supremacy - Tenor of The Oath of Allegiance, &c. to be Taken and - Subscribed by Recusants - The Oath of Abjuration - In New Plymouth Colony. - Combination for Foundation of Government known as The - Mayflower Compact - Oath of Allegiance and Fidelity - The Oath of a Ffreeman - The Oath of a Resident - The Oath of a Ffreeman - The Oath of a Ffreeman - In Massachusetts-Bay Colony. - The Oath of a Freeman, or of a Man to be made ffree. - The Oath of Residents - The Oath of a Freeman - The Oath of a Free-man - Freemans Oath - Freemans Oath - Oath of Fidelitie - Oath of Fidelitie - Strangers Oath - Oath of Fidelitie - Freemans Oath - In Connecticut and New Haven Colonies. - An Oath for Paqua’ and the Plantations there - The Oath of a Freeman - In New Haven Colony. - Freeman’s Charge - Oath of Fidelity - Oath of Allegiance - In Rhode Island and Providence Plantations. - Civil Compact - Second Civil Compact - The Engagement of the Officers - The Reciprocal Engagement of the State to ye Officers - The Preamble to the Law Against Perjury - In New Hampshire Colony. - The Combination for Government at Exeter, with the Forms - of Oaths for Rulers and People - The Elders or Rulers Oath - The Oath of the People - The Combination of the People of Dover to Establish a Form - of Government - Freemen - In Province or County of Maine. - Oath of Councilors of Province of Mayne - - - - - OATHS OF ALLEGIANCE IN COLONIAL NEW ENGLAND - - -The antiquity of the custom of giving and taking Oaths, or the debatable -questions of their observance being a religious or legal ceremony, and -whether the moral or political aspect has the greater effect upon the -minds of men, are subjects with which this paper has nothing to do. - -And as the substance of Oaths for particular officers is to engage them -to a faithful discharge of their places and trusts to the best of their -ability, it has been considered, in general, unnecessary to give them, -especially as these offices carry with them the assumption that the -general Oaths required of all citizens have first been complied with. No -Oaths of office were administered or required in the New Plymouth -Colony, the power of the Church being, in effect, superior to the civil -power. - -For the main purpose of this paper it will not be necessary to go -further back in history than to the reign of James the First, of -England, 1603–1625, during which time the providences of God directed -the course of the voyage of the Pilgrims away from the Colony of -Virginia to their settlement at Plymouth in New England, in December, -1620; or to carry the subject beyond the time, in the short-lived reign -of James the Second, 1685–1689, when, in December, 1686, Sir Edmund -Andros, knight, arrived in Boston with a commission to govern New -England, and the Colonial period of New England came to an end. - - - - -_In England._ - - -When Henry the Eighth renounced the authority of the Pope, in 1534, an -Act of Parliament was obtained declaring him the only supreme head of -the Church in England on the earth; and utterly abolishing the authority -of the Roman Pontiff within the British Dominions. To give effect to -this Act there was further enacted: - - - THE OATH OF SUPREMACY - - I, A. B. do utterly testifie and declare in my Conscience, that the - Kings Highness is the only Supream Governour of this Realm, and of - all other His Highness Dominions and Countries, as well in all - Spiritual and Ecclesiastical things (or causes) as Temporal: And - that no Forraign Prince, Person, Prelate, State, or Potentate, hath, - or ought to have any jurisdiction, power, superiority, preheminence - or authority, Ecclesiastical or Spiritual within this Realm: and - therefore I do utterly renounce and forsake all forreign - jurisdiction, powers, superioritie, and authorities, and do promise - that from henceforth I shall bear Faith and true Allegiance to the - Kings Highness, His Heirs and lawful Successors, and (to my power) - shall assist and defend all jurisdiction, priviledge, preheminence, - & authority granted or belonging to the Kings Highness, His Heirs - and Successors, and united and annexed to the imperial Crown of the - Realm. So help me God, _&c._ - -The Act of Supremacy which broke the power of the Roman Catholic Church -in England, under Henry the Eighth, and his successor, Edward the Sixth, -was repealed under Mary Tudor, and revived under Elizabeth, in 1558. -Following the Gunpowder Plot, James the First, in 1605, had enacted an -Oath of Allegiance, also, which all British subjects were required to -take. This Oath of “submission and obedience to the King as a temporal -Sovereign, independent of any other power upon earth” contained no -acknowledgment of the King as the head of the Church, and, by this -omission, Roman Catholics could take it without denying the supremacy of -the Pope in spiritual affairs: - - - TENOR OF THE OATH OF ALLEGIANCE, &C. TO BE TAKEN AND SUBSCRIBED BY - RECUSANTS - - I. A.B. doe truely and sincerely acknowledge pfesse testifie and - declare in my Conscience before God and the Worlde, That our - Soveraigne Lorde Kinge James is lawfull and rightfull King of this - Realme and of all other his Majesties Dominions and Countries; And - that the Pope, neither of himselfe nor by any Authority of the - Churche or Sea of Rome, or by any other meanes with any other, hath - any Power or Authoritye to depose the King or to dispose any of his - Majesties Kingdomes or Dominions, or to authorize any Forraigne - Prince to invade or annoy hym or his Countries, or to discharge any - of his Subjects of their Allegiaunce and Obedience to his Majestie, - or to give Licence or Leave to any of them to beare Armes raise - Tumult or to offer any violence or hurte to his Majestie Royall Pson - State or Government or to any of his Majesties Subjects within his - Majesties Dominions. Also I doe sweare from my heart, that - notwithstanding any Declarac̄on or Sentence of Excommunicac̄on or - Deprivac̄on made or graunted or to be made or graunted by the Pope - or his Successors, or by any Authoritie derived or p̄tended to be - derived from hym or his Sea against the saide King his Heires or - Successors, or any Absolution of the saide Subjects from theire - Obedience; I will beare Faithe and true Allegiaunce to his Majestie - his Heires and Successors, and hym or them will defend to the - uttermost of my power against all Conspiracies and Attempts - whatsoever which shalbe made against his or theire persons theire - Crowne and Dignitie by reason or colour of any such Sentence or - Declarac̄on or otherwise, and will doe my best endevour to disclose - and make knowen unto his Majestie his Heires and Successors all - Treasons and traiterous Conspiracies which I shall knowe or heare of - to be against hym or any of them. And I doe further sweare, That I - doe from my heart abhor, detest and abjure as impious and hereticall - this damnable Doctrine and Position, that Princes which be - excōmunicated or deprived by the Pope may be deposed or murthered - by theire Subjects or any other whosoever. And I doe beleeve and in - my Conscience am resolved, that neither the Pope nor any pson - whatsoever hath power to absolve me of this Oath or any parte - therof, which I acknowledge by good and full Authoritye to be - lawfully ministered unto mee, and doe renounce all Pardons and - Dispensac̄ons to the contrarie; And all these things I do plainly - and sincerely acknowledge and sweare, according to these expresse - wordes by me spoken, and according to the playne and cōmon sense - and understanding of the same wordes, without any equivocac̄on or - mentall evasion or secret reservac̄on whatsoever; And I doe make - this recognic̄on and acknowledgment heartily willingly and truly - upon the true Faithe of a Christian: So help me God. Unto which Oath - so taken, the saide pson shall subscribe his or her Name or Marke. - [1605.] - -Both of these Oaths were commanded during the reign of Charles the -First, 1625–1649. - -By the third Charter of the Virginia Company, their Treasurer, or any -two of the Council, were empowered to administer the Oaths of Supremacy, -and of Allegiance, to all persons going to their Colony. And the -Pilgrims, through their chief men, agreed with the Virginia Company: -“The Oath of Supremacy we shall willingly take, if it be required of us, -if that convenient satisfaction be not given by our taking the Oath of -Allegiance. John Robinson. William Brewster.” - -The Charter of the Massachusetts-Bay Company gave them broader powers in -that it did not exact this provision from them but gave the Company -liberty to admit new members, called “Freemen” of the Company, and no -method, conditions, or qualifications were presented for conferring this -privilege. Their leaders, as we shall see, were quick to take advantage -of the opportunity given them to frame their own Oaths of citizenship. -Too late the government in England, or rather that part which was -representative of the Church of England, realized the powers of -colonization this gave the dissenting churchmen; and, in 1637, a -Proclamation was issued, aimed principally to prevent the emigration of -Puritan Ministers, which commanded that none should be suffered to go to -New England “without a certificate that they had taken the Oaths of -Supremacy and Allegiance, and had conformed to the discipline of the -Church of England.” In 1638, another Proclamation “commanded owners and -masters of vessels that they do not fit out any with passengers and -provisions to New-England, without license from the Commissioners of -Plantations.” - -Another Oath, drawn up in England, also claims a place here because it -was sometimes voluntarily taken by settlers in the New England Colonies. -In the year 1655, during the Protectorate of Oliver Cromwell, an Oath, -probably similar to that prescribed by the Rump Parliament to the -Council of State, was enacted which was known as: - - - THE OATH OF ABJURATION - - I do hereby swear that I do renounce the pretended title of Charles - Stuart, and the whole line of the late King James; and of any other - person, as a single person pretending, or which shall pretend to the - crown or government of these nations of England Scotland and - Ireland, or any of them; and that I will, by the grace and - assistance of Almighty God, be true, faithful and constant to the - Parliament, and Commonwealth; and will oppose the bringing in, or - setting up any single person or House of Lords, and every - of them, in this Commonwealth. - -Soon after the Restoration, Charles the Second, by Proclamation -commanded that the Oaths of Supremacy and Allegiance be tendered to all -persons disaffected to the Government and, in case of refusal, that they -were to be prosecuted under the Statute of the 7th of James. During the -reign of his Roman Catholic successor, James the Second, the Oath of -Supremacy was allowed to lapse, and the Oath of Allegiance, only, was in -full force in the Colonies, up to the publication of his declaration of -liberty of conscience for all denominations in England and Scotland, in -1687–1688, which sealed his doom. - -These preliminaries are necessary to a full understanding of our subject -which naturally begins, in point of time, with the settlement - - - - -_In New Plymouth Colony._ - - -Strictly speaking, Plymouth was not a New England Colony. It was without -a Charter, and the functions of its government were those of a -Corporation. The power of the Oath of Allegiance their leaders had -assented to always seemed to hang over them, and paralyze the initiative -they should have taken. Their attempts to increase their circumscribed -boundaries at New Plymouth were futile; and, in the case of their -attempted settlement in Maine, disastrous both to the business -reputation of their leaders, and to the Corporation. They could spare -neither the men nor the means from the parent settlement to form -permanent settlements elsewhere. They seemed doomed to failure. And yet -hardly that, when we consider the impress upon our Nation made by their -sterling qualities of mind and heart, their patience and fortitude under -severe trials, the hopes and ambition of their teachings, and their -never-failing trust in God’s Providence. These high qualities still -animate and live in the great and growing number who proudly claim their -ancestry from the Pilgrims at New Plymouth. - - - COMBINATION FOR FOUNDATION OF GOVERNMENT - known as - THE MAYFLOWER COMPACT - - In y^e name of God, Amen. We whose names are underwriten, the loyall - subjects of our dread soveraigne Lord, King James, by y^e grace of - God, of Great Britaine, Franc, & Ireland, king, defender of y^e - faith, &c. haveing undertaken, for y^e glorie of God, and - advancement of y^e Christian faith, and honour of our king and - countrie, a voyage to plant y^e first colonie in y^e Northerne parts - of Virginia, doe by these presents solemnly & mutualy in y^e - presence of God, and one of another, covenant & combine our selves - togeather into a civill body politick, for our better ordering & - preservation & furtherance of y^e ends aforesaid; and by vertue - hearof to enacte, constitute, and frame such just & equall lawes, - ordinances, acts, constitutions, & offices, from time to time, as - shall be thought most meete & convenient for y^e generall good of - y^e Colonie, unto which we promise all due submission and obedience. - In witnes wherof we have hereunder subscribed our names at Cap-Codd - y^e 11 of November, in y^e year of y^e raigne of our soveraigne - lord, King James, of England, France, & Ireland y^e eighteenth, and - of Scotland y^e fiftie fourth. An^o: Dom. 1620. [Forty-one names.] - -The Mayflower Compact has received full and adequate treatment in the -paper read before this Society in October, 1920, by Arthur Lord, LL.D. - -The exact date of the two forms of Oaths first given has not been -determined, but they are certainly later than the formation of the first -Council in 1624. - - - OATH OF ALLEGIANCE AND FIDELITY - - The forme of Oath ... which liue in this Colonie ... the Oth of - alegance to his maj ... fidelity to the same. - - You shall sweare by the name of the Great God ... & earth & in his - holy fear, & presence that you shall not speake, or doe, deuise, or - aduise, anything or things, acte or acts, directly, or indirectly, - By land, or water, that doth, shall, or may, tend to the destruction - or ouerthrowe of this present plantation, Colonie, or Corporation of - this towne Plimouth in New England. - - Neither shall you suffer the same to be spoken, or done, but shall - hinder, & oposse the same, by all due means you can. - - You shall not enter into any league, treaty, Confederac̄ or - combination, with any, within the said Colonie or without the same - that shall plote, or contriue any thing to the hurte, & ruine of the - growth, and good of the said plantation. - - You shall not consente to any shuch confederation, nor conceale any - known vnto you certainly, or by conje but shall forthwith manifest & - make knowne the same, to the Gouernours of this said towne for the - time being. - - And this you promise & swear, simply, & truly, & faithfully to - performe as a true christian [you hope for help from God, the God of - truth & punisher of falshoode.] - - The forme of the Oath which ... of the Gouernour, & Counsell at - euery Election of any of them. - - You shall swear, according to that wisdom, and measure of discerning - giuen vnto you; faithfully, equally & indifrently without respect of - persons; to administer Justice, in all causes coming before you. And - shall labor, to aduance, & furder the good of this Colony, & - plantation, to the vtmost of your power; and oppose any thing that - may hinder the same. So help you God. - -The words, “a true Christian” were afterwards crossed out, and the form -used later: “as you hope for help from God, the God of truth and -punisher of falsehood” was substituted. - -By the Laws of 1636, every freeman was required to take the following -Oath: - - - THE OATH OF A FFREEMAN - - You shall be truly loyall to our Sov Lord King Charles, his heires & - successors, [the State & Govern^t of England as it now stands.] You - shall not speake or doe, devise or advise any thing or things act or - acts directly or indirectly by land or water, that doth shall or may - tend to the destrucc̄on or overthrow of this pr̄nt plantac̄ons - Colonies or Corporac̄on of New Plymouth, Neither shall you suffer - the same to be spoken or done but shall hinder oppose & discover the - same to the Govr̄ & Assistants of the said Colony for the time being - or some one of them. You shall faithfully submit unto such good & - wholesome laws & ordnanc & as either are or shall be made for the - ordering & governm^t of the same, and shall endeavor to advance the - growth & good of the severall Colonies plantations w^{th} in the - limit & of this Corporac̄on by all due meanes & courses. All w^{ch} - you promise & sweare by the name of the great God of heaven & earth - simply truly & faithfully to pforme as you hope for help frō God - who is the God of truth & punisher of falsehood. [1636] - -Following the outbreak of civil war in England in 1638, the words “our -sovereign lord King Charles his heirs and successors” were erased, and -loyalty to “the State and Government of England as it now stands” -substituted. The modern rendering intermixed is probably an attempt by -the transcriber to fill out missing or undecipherable paragraphs or -sentences. - -According to Francis Baylies’ “Historical Memoir of New Plymouth,” (I: -235,) the following Oath was prescribed to be taken by any residing in -the government of New Plymouth: - - - THE OATH OF A RESIDENT - - You shall be truly loyal to our sovereign lord King Charles, his - heirs and successors, and whereas you choose at present to reside - within the government of New Plymouth, you shall not do or cause to - be done any act or acts directly or indirectly, by land or water, - that shall tend to the destruction or overthrow of the whole or any - of the several plantations or townships within the said government - that are or shall be orderly erected or established, but shall - contrariwise hinder, oppose, and discover the same, and such intents - and purposes as tend thereunto, to the Governor for the time being, - or some one of the assistants with all convenient speed. You shall - also submit unto and obey all such good and wholesome laws, - ordinances, and offices as are or shall be established within the - limits thereof. So help you God. [1636.] - -The disturbed state of England is also reflected in the 1658 revision of -the Laws when “our sovereign lord the King, his heirs and successors” is -substituted for “the present State and Government of England,” as -follows: - - - THE OATH OF A FFREEMAN - - You shalbee truely Loyall to the present State and Goūment of - England [our Sou^r Lord the King his heires and Successors.] You - shall not speake or doe deuise or aduise Any thinge or thinges Acte - or Actes directly or Indirectly by Land or Water that doth shall or - may tend to the destruction or ouerthrow of these present - plantations or Townshipes of the Corporation of New Plymouth neither - shall you suffer the same to bee spoken or done but shall hinder - oppose and discouer the same to the Gou^r And Assistants of the said - Collonie for the time being; or some one of them; you shall - faithfully submitt vnto such good and wholesome Lawes and ordinances - as either are or shalbee made for the ordering and Gou^rment of the - same; and shall Indeuor to aduance the grouth and good of the - seuerall townshipes and plantations within the Lymetts of this - Corporation by all due meanes and courses; All which you pmise and - Sweare by the Name of the great God of heauen and earth simply - truely and faithfully to pforme as you hope for healp from God who - is the God of truth and the punisher of falchood. [1658.] - -At the time of the 1671 revision of the Laws, Charles the Second had -been firmly seated on the English throne for ten years, but his name is -omitted from the superscription of the following Oath. The intensity of -the feeling in the New England Colonies towards even the name of the two -kings is shown in the fact that until after the middle of the next -century Harvard College had only three graduates, if the three Charles -Chaunceys, with whom it was a family name in England, are omitted, and -Yale College only one graduate who bore the Christian name of Charles. - - - THE OATH OF A FFREEMAN - - You shalbee truely Loyall to our Sou^r Lord the Kinge his heires and - Successors; you shall not doe nor speake deuise or aduise any thinge - or thinges act or actes directly or Inderectly by Land or water; - that shall or may tend to the destruction or ouerthrow of any of - these plantations or towneshipes of the Corporation of New Plymouth; - neither shall you suffer the same to bee spoken or done but shall - hinder oppose and discouer the same to the Gou^r and Assistants of - the said Collonie for the time being or some one of them; you shall - faithfully submitt vnto such good and wholesome lawes and - ordinances; as either are or shalbee made for the ordering and - Gou^rment of the same; and shall endeauor to advance the good and - grouth of the seuerall Towneshipes and plantations within the - Lymetts of this Corporation by all due meanes and courses; all which - you p^rmise and sweare by the Name of the great God of heauen and - earth simply truely and faithfully to pforme as you hope for healpe - from God whoe is the God of truth and the punisher of ffalchood. - [1671.] - - - - -_In Massachusetts-Bay Colony._ - - -When on the 4th of March 1628/9, Charles, “by the grace of God, Kinge of -England, Scotland, Fraunce, and Ireland, Defender of the Fayth, &c. in -the fourth yeare of our raigne” did by letters patent grant unto Sir -Henry Rosewell and his twenty-five associates, their heirs and assigns -forever, all that certain part of the grant of New England which his -“deare and royall father, Kinge James of blessed memory ... hath given -and graunted vnto the Counsell established at Plymouth in the County of -Devon” and which the said Council by deed dated the 19th of March, -1627/8, had “given, graunted, bargained, soulde, enfeoffed, aliened and -confirmed” to Sir Henry Rosewell, Sir John Young, Knightes, Thomas -Southcott, John Humphrey, John Endecott and Symon Whetcombe, their heirs -and associates forever, “To be houlden of vs our heires and successors, -as of our manor of Eastgreenewich, in the County of Kent, within our -realme of England,” under the name of the “Governor and Company of the -Mattachusetts Bay in Newe England, one bodie politique and corporate in -deede, fact, and name, ... and that by that name they shall have -perpetuall succession,”—may acquire lands, &c. have a common seal; and -that there shall be one Governor, one Deputy Governor, and eighteen -assistants to be chosen out of the freemen. He went farther, and -constituted “our welbeloved Mathewe Cradocke to be the first and present -Governor; Thomas Goffe to be Deputy Governor, and eighteen of the other -associates to be Assistants, who before they undertake the execution of -their offices and places shall respectively take their corporal oaths -for the faithful performance of their duties.” The Oath for Matthew -Craddock, as Governor, to be administered by a Master of the Chancery, -the Governor was then empowered to administer the oaths to the Deputy -Governor and Assistants nominated in the Charter. Oaths to subsequent -officers being arranged: the new Governor to take the Oath before the -old Deputy Governor, or two Assistants; and the new Deputy Governor, -Assistants and all other officers hereafter chosen to take the oath -before the Governor for the time being. They were empowered to transport -any of our loving subjects, or any strangers willing to become our -loving subjects, and any seven at least of their number had “full power -and authoritie to choose, nominate, and appointe such and soe many -others as they shall thinke fitt, and that shall be willing to accept -the same, to be free of the said Company and Body, and Them into the -same to admitt.” All subjects inhabiting the lands granted, and their -children “which shall happen to be borne there, or on the seas in goeing -thither, or retorning from thence shall have and enjoy all liberties and -immunities of free and natural subjects, ... as yf they and everie of -them were borne within the realme of England.” And the Governor and -Deputy Governor, and any two or more of the Assistants, at any of their -Courts or Assemblys shall and may at all times have full power to give -the Oath of Office and Oaths of Supremacy and Allegiance, or either of -them, to every person who may go to New England to inhabit in the same. -They were also authorized to make “the formes of such Oathes warrantable -by the lawes and statutes of this our realme of England as shalbe -respectivelie ministered vnto them, for the execuc̄on of the said -severall offices and places ... and ministring the said oathes to the -newe elected officers.” - -At the end of the Charter appeared the Oath of Governor: - - PRÆDICT, Matthaeus Cradocke Juratus est de Fide et Obedientiâ Regi - et Successoribus suis, et de Debitâ Exequutione Officij Gubernatoris - iuxta Tenorem P^r sentium, 18^o Martij, 1628. Coram me, Carola - Cæsare, Milite, in Cancellariâ Mr̃o. - - Char. Cæsar. - -By this Charter, under the privy seal of Cardinal Wolseley, was, -unwittingly, planted the seed of the fairest flower that ever bloomed in -the garden of colonization since Eden. - -Up to August, 1630, the business of the Massachusetts-Bay Company was -transacted in London. But the business of the Massachusetts-Bay Colony -may be said to have really begun in May, 1631. - -At “A Gen^rall Court holden att Boston, the 18th day of May, 1631. John -Winthrop, Esq̃ was chosen Goun^r for a whole yeare nexte ensueinge by -the gen^rall consent of the Court, according to the meaneing of the -pattent, and did accordingly take an oathe to the place of Goun̄^r -belonginge.” - -“Tho: Dudley, Esq̃, is also chosen Deputy Gouñ^r for this yeare nexte -ensuing, & did in p^rsence of the Court take an oath to his place -belonginge.” And “to the end the body of the com̄ons may be p^rserued of -honest & good men, it was likewise ordered and agreed that for time to -come noe man shalbe admitted to the freedome of this body polliticke, -but such as are members of some of the churches within the lymitts of -the same.” - -The Law that all freemen must be church members, while assented to in -Salem in 1631, was modified in 1632, probably for local reasons, that no -civil magistrate could be an elder in the church. - -To give force to this law an Oath of Freemen was required, and this -service the newly appointed Governor and the Deputy Governor elected to -perform. The result of their labors, the original draft of the Oath of a -Freeman, in the handwriting of the first and greatest of the Governors -of the Commonwealth of Massachusetts, and the Oath of a Servant, in the -handwriting of the second Governor—a document perhaps only surpassed in -historical interest and importance by, and worthy to rank with, the -Declaration of Independence—is now, appropriately, in the possession of -the Public Library of the City of Boston, and its preservation assured. - -Through the courtesy of the Trustees, this Society is permitted again to -give publicity to the excellent facsimiles of these interesting -documents, together with transcriptions of the somewhat obscure -handwriting, with interlineations and cancelled words showing, line for -line, the changes made by the authors, which first appeared in the -_Bulletin_ of the Library for July, 1894. - - - THE OATH OF A FREEMAN, OR OF A MAN TO BE MADE FFREE. - - I, A. B. &c. being, by the Almighties most wise disposic̄on, become - a memb^r of this body, consisting of the Goūn^r, Deputy Goūn^r, - Assistants, & a com^nlty of the Mattachusets in Newe England, doe, - freely & sincerely acknowledge that I am iustly & lawfully subject - to the goūm^t of the same, & doe accordingly submitt my pson & - estate to be ptected, ordered, & goūned by the lawes & - constituc̄ons thereof, & doe faithfully pmise to be from time to - time obedient & conformeable therevnto, & to the authie of the said - Goūn^r & Assistants & their success^rs, & to all such lawes, - orders, sentences, & decrees as shalbe lawfully made & published by - them or their successors; and I will alwaies indeav^r (as in dutie I - am bound) to advance the peace & wellfaire of this bodie or - com̄onwealth to my vtmost skill & abilitie; & I will, to my best - power & meanes, seeke to devert & prevent whatsoeuer may tend to the - ruyne or damage thereof, or of any the said Goūn^r, Deputy Goūn^r, - or Assistants, or any of them, or their success^rs, and will giue - speedy notice to them, or some of them, of any sedic̄on, violence, - treachery, or other hurt or euill which I shall knowe, heare, or - vehem^tly suspecte to be plotted or intended against the said - com̄onwealth, or the said goum^t established; and I will not att any - time suffer or giue consent to any counsell or attempt that shalbe - offered giuen, or attempted for the impeachm^t of the said goūm^t, - or makeing any change or alterac̄on of the same, contrary to the - lawes & ordinances thereof, but shall doe my vtmost endeav^r to - discover, oppose, & hinder, all & eūy such counsell & attempts. Soe - helpe me God. [1631.] - -[Illustration: - - Fac-simile of the Freemen’s Oath - - - The oath of a serv^t. - - I. N. N. serv^t of &c. haveinge heard and vnderstoode that - our—soveraigne Lord Kinge Charles hath by his łres patents vnder - the great seale of England graunted power and aucthoryty vnto a - Governo^r a Deputy Governo^r &. 18. Assistants to rule governe & - Judge all ꝑsones wch doe or shall inhabyte =in or= - betweene =the= Charles ryver &. 3. myles southward & - merimack ryver &. 3. myles northwards in new England & soe - westwards to the south sea, =beinge= wthin wch - =compa= lymitts I doe nowe—inhabyt - - Doe promise =to be= at all tymes hereafter Dureinge my - abode in America +to be+ obedyent to all lawes orders - constitutions & comaunds wch by the =s b= said Governo^r - Deputy Governo^r and assistants +for the tyme being+ or - the greater ꝑte of them shall be +lawfully+ made or - given—forth & shall come to my =k= heareinge, And to be - true and faith full to them & their governemt, And I likewise - promise that if I shall know +heare of =or heare of= - or suspect+ =of= any hurt or losse intended against - any of them I will reveale the same to one or more of them wth all - convenyent—speede, And to bind my selfe to the faithfull ꝑformance - of this promise, I sweare by the name of the onely true God the - lover of truth & the avenger of falshood] - -[Illustration: - - The oath of a man +free or+ to be made free. - - I. N. N. vt supra. and +=being=+ =having - likewise heard and vnderstoode= said. N.N. =of= - being now by the said Governo^r & assistants to be made a free man - of the said plantac̄on & +thereby enabled+ to have a - voice in the choise of the said. 20. Deputed ꝑsones soe - aucthorised as aforesaid as =the sai= any of their places - are or shalbe voide =and I shalbe therevnto called in a - lawfull assembly, doe hereby promise vt supra= I doe promise - that =when I s= at all tymes when I shalbe there vnto - lawfully called by the said Governem^t, to give my voice for the - electing of such ꝑsone =therevnto= & ꝑsones vnto such - voide places as I =the= shall =und= thinke to be - =the wisest godliest & ablest for the discharg= men of - wisedome & courage—feareinge God & hateing covetousnes all - ꝑtyalyty =& by= sett aside, and to bind &c vt supra.] - -[Illustration: - - The Oath of ffreemen: - - I A: B: &c: =beinge= beinge by the Allmightyes most wise - despositiō become a member of this bodye consisting of the - Governor +Deputye+ Assistants & Com̄onalty of the - Mattachusetts in n: e: doe freely & sincerely acknowledge that I - am iustlye & lawfully subiect to the Goverment =there= of - the same +=both Civill & Ecclesiasticall=+ & doe - accordingly submitt my ꝑson & estate to be protected ordered & - governed by the Lawes & Constitutns therof: & doe faithfully - promise to be from tyme to tyme obedient & conformable therevnto, - & to the Authe of the sd Governor & Assistants & their successors, - & to all such Lawes orders sentences & decrees as shalbe - +lawfully+ made & published by them or their successors. - And I will allwayes endeavo^r (as in dutye I am bounde) to advance - the peace & wellfare of this bodye or Com: w: to my vttmost - =power= +skill & ability.+ =&= And I - will to my =vtmost power= best =ability= power & - meanes seeke to deverte & prevent whatsoever may tende to the - ruyne or damage thereof or of any the sd Governor Deputy Governor - =&= +or+ Assistants or any of them or their - successors: & will give spedye notice to them or some of them of - any =evill= seditiō, violence, treacherye or other hurt - or evill, wch I shall knowe, heare, or vehemently suspecte to be - =intended or= plotted or intended ag^t them =sd= - or ag^t the said =Goverment= Com: w: or the sd Goverm̄ - established: - - And I will not at any tyme suffer or give Consent to any - Counsell or Attempt that shalbe offered =or= given or - Attempted for the impeachment of the sd Goverment or makinge - any change or Alteratiō of the same, contrary to the Lawes & - =Customes= ordinances =of the same= thereof, - but shall doe my vtmost endeavo^r to discover & oppose & hīer - all & everye such Counsells] - - * * * * * - - Att a Gen^rall Court, holden att Newe Towne [Cambridge]. March 4th, - 1634. - - It is further ordered that eūy man of or above the age of sixteene - yeares, whoe hath bene, or shall hereafter be, resident within this - iurisdicc̄on by the space of sixe monethes, (as well servants as - others,) & not infranchized, shall take the oath of residents before - the Goūn^r, Deputy Goūn^r, or two of the nexte Assistants, whoe - shall haue power to convent him for that purpose, & vpon his - refuseall, to binde him ouer to the nexte Court of Assistants, & - vpon his refuseall the second tyme, to be punished att the - discrec̄on of the Court. - - It is ordered that the ffreemens oath shalbe gyven to eūy man of or - above the age of 16 yeares, the clause for the elecc̄on of - magistrates onely excepted. - - * * * * * - - At A Court holden att Boston, Aprill 1th, 1634. - - It was further ordered, that eūy man of or above the age of twenty - yeares, whoe hath bene or shall hereafter be resident within this - jurisdicc̄on by the space of sixe monethes, as an householder or - soiorner, and not infranchised, shall take the oath herevnder - written, before the Goūn^r, or Deputy Goūn^r, or some two of the - nexte Assistants, whoe shall haue power to convent him for that - purpose, and vpon his refuseall, to binde him ouer to the nexte - Court of Assistants; and vpon his refuseall the second tyme, hee - shalbe banished, except the Court shall see cause to giue him - further respite. - - - THE OATH OF RESIDENTS - - I doe heare sweare, and call God to witnes, that, being nowe an - inhabitant within the lymitts of this juridicc̄on of the - Massachusetts, I doe acknowledge myselfe lawfully subject to the - aucthoritie and gouerm^t there established, and doe accordingly - submitt my pson, family, and estate, to be ptected, ordered, & - gouerned by the lawes & constituc̄ons thereof, and doe faithfully - pmise to be from time to time obedient and conformeable therevnto, - and to the aucthoritie of the Goūn^r, and all other the Magistrates - there, and their success^rs, and to all such lawes, orders, - sentences, & decrees, as nowe are or hereafter shalbe lawfully made, - decreed, & published by them or their success^rs. And I will alwayes - indeav^r (as in duty I am bound) to advance the peace & wellfaire of - this body pollitique, and I will (to my best power & meanes) seeke - to devert & prevent whatsoeuer may tende to the ruine or damage - thereof, or of y^e Goūn^r, Deputy Goūn^r, or Assistants, or any of - them or their success^{rs}, and will giue speedy notice to them, or - some of them, of any sedic̄on, violence, treacherie, or oth^r hurte - or euill w^{ch} I shall knowe, heare, or vehemently suspect to be - plotted or intended against them or any of them, or against the said - Com̄on-wealth or goum^t established. Soe helpe mee God. [1634.] - - * * * * * - - Att a Gen^rall Courte, holden att Boston, May 14th, 1634. - - It was agreed & ordered, that the former oath of ffreemen shalbe - revoked, soe farr as it is dissonant from the oath of ffreemen - herevnder written, & that those that receaved the former oath shall - stand bound noe further thereby, to any intent or purpose, then this - newe oath tyes those that nowe takes y^e same. - - - THE OATH OF A FREEMAN - - I, A. B., being, by Gods providence, an inhabitant & ffreeman within - the jurisdicc̄on of this com̄onweale, doe freely acknowledge my - selfe to be subiect to the goverm^t thereof, & therefore doe heere - sweare, by the greate & dreadfull name of the euerlyveing God, that - I wilbe true & faithfull to the same, & will accordingly yeilde - assistance & support therevnto, with my pson & estate, as in equity - I am bound, & will also truely indeav^r to mainetaine & preserue all - the libertyes & previlidges thereof, submitting my selfe to the - wholesome lawes & orders made & established by the same; and - furth^r, that I will not plott nor practise any evill against it, - nor consent to any that shall soe doe, but will timely discover & - reveale the same to lawfull aucthority nowe here established, for - the speedy preventing thereof. Moreouer, I doe solemnely binde - myselfe, in the sight of God, that when I shalbe called to giue my - voice touching any such matter of this state, wherein ffreemen are - to deale I will giue my vote & suffrage, as I shall iudge in myne - owne conscience may best conduce & tend to the publique weale of the - body, without respect of psons, or fav^r of any man. Soe helpe mee - God in the Lord Jesus Christ. [1634.] - - Further, it is agreed that none but the Gen̄ all Court hath power to - chuse and admitt freemen. - -[Illustration: - - FAC-SIMILE OF ORIGINAL MANUSCRIPT RECORD - - In the Handwriting of Secretary Simon Bradstreet - last Colonial Governor of Massachusetts Bay] - -The text of the Oath given above is that given in the body of the Colony -Records, in the handwriting of Simon Bradstreet, the Secretary, and -differs only in the spelling of words from that of the transcriber (who -may have been Secretary Bradstreet himself) of the copy in the -Miscellaneous Records, which were transferred by the Compiler from their -regular order to the end of the first volume of the Records at page 354. - - - THE OATH OF A FREE-MAN - - I (A. B.) being by Gods providence an Inhabitant, and Freeman, - within the Jurisdiction of this Commonwealth; do freely acknowledge - my self to be subject to the Government thereof: And therefore do - here swear by the great and dreadful Name of the Ever-living God, - that _I_ will be true and faithfull to the same, and will - accordingly yield assistance & support thereunto, with my person and - estate, as in equity _I_ am bound; and will also truly endeavour to - maintain and preserve all the liberties and priviledges thereof, - submitting my self to the wholesome Lawes & Orders made and - established by the same. And further that _I_ will not plot or - practice any evill against it, or consent to any that shall so do; - but will timely discover and reveal the same to lawfull Authority - now here established, for the speedy preventing thereof. Moreover, - _I_ doe solemnly bind my self in the sight of God, that when _I_ - shal be called to give my voyce touching any such matter of this - State, in which Freemen are to deal, _I_ will give my vote and - suffrage as _I_ shall judge in mine own conscience may best conduce - and tend to the publike weal of the body, without respect of - persons, or favour of any man. So help me God in the Lord Jesus - Christ. [1634.] From the copy given in John Childe’s “New-Englands - Jonas cast up at London.” (London, 1647), which the preface states - was printed in Massachusetts-Bay, by itself. - -To this form of The Oath of a Free man attaches the great additional -interest of being the first work printed in the United States of -America. - -Under date of Mo. 1. (March, 1638/9) John Winthrop’s Journal states: “A -printing house was begun at Cambridge by one Daye, at the charge of Mr. -Glover, who died on sea hitherward. The first thing which was printed -was the freemen’s oath; the next was an almanac made for New England by -Mr. William Peirce, mariner; the next was the Psalms newly turned into -metre.” - -For nearly three hundred years no copy of this printed paper has been -known to be extant. The ceaseless search for a copy in this country by -antiquarians, bibliographers and historians would long ago have been -successful, if even a single copy had been preserved in either the -institutions of the State, or Nation, or in individual or family -possession. - -It would be difficult to exaggerate the patriotic feeling of our people, -if it were known that a copy of this interesting and valuable state -paper, the first fruit of the printing-press in this country, whose -ringing sentences of freedom preceded by nearly a century and a half the -Declaration of Independence, had been discovered at this late day. - -Fully a quarter of a century ago, while engaged in making a search for -early printed American publications in the Catalogue of printed books in -the British Museum—a great and monumental work, worthy in its scholarly -completeness of the Government which fostered its publication, and of -inestimable importance and benefit to scholars in every land—the -following entry under the heading “Freeman” seemed to me to warrant more -than passing observation and curiosity which the intervening years have -failed to satisfy: - - —The Oath of a Freeman. B. L. - [_London_, 1645?] _s. sh._ 12º. 11,626. aa. (1, 2.) - -An analysis of this entry seems to show points of resemblance following -closely the known facts regarding the first work printed in this -country. - -The title is the one given by John Childe presumably from the earliest -printed copy in his possession. The abbreviated title, freemen’s oath, -as given by John Winthrop, first appearing in the Code of 1648, which -seems to justify the belief that Winthrop wrote his Journal some years -after the press was established. - -The letters B. L. indicate that the printed text is in black-letter. -While there is no evidence of the number and kinds of fonts of type -purchased for the first press by Joseph Glover, there is an itemized -statement of the number and names of the fonts of type for the second -press sent over later by the Society for Propagating the Gospel among -the Indians in New England, for printing the Bible in the Indian -language, and among them is a small font of “blacks,” i.e. black-letter, -which would indicate that a small font of that letter was generally -considered a part of the equipment of a printing-office of the period. -Even if this was not so, on the good authority of Isaiah Thomas, the -type used in printing the Bay Psalm Book, of 1640, was “small bodied -English,” a type commonly used for works in quarto and folio, which -approximates in size to black-letter, but without the ceriphs, or fine -projecting points of that letter. It is not unreasonable to suppose that -a cataloguer might, hastily, consider the thickly inked, heavy -press-work we find in the Bay Psalm Book, under the same conditions in a -somewhat crudely printed sheet, to be black-letter printing. - -The brackets enclosing the imprint indicate that the place and date -given do not appear on the printed sheet, but are the personal judgment -of the cataloguer regarding them. Having already determined the printing -to be in black-letter English, it naturally follows in his judgment that -the place of printing is London. His guess of the year, 1645, which he -queries, is a close one; but is open to the criticism that an Oath of a -Freeman could never have been printed or exacted in England during the -reign of Charles the First. Ten years later, under Cromwellian rule, it -might have been done. But the only place on earth it could have been -printed and exacted without imprisonment, in 1645, was in the freemen’s -Colony of Massachusetts-Bay. - -In this connection it may be well to observe, as a further illustration -that Governor Winthrop wrote his Journal years later than the events he -records, that his date of 1638/9, should be one year later, for the date -of the half-sheet almanac by William Peirce, mariner. Following -Winthrop, if the almanac was calculated for the year beginning in March, -1639, it would suppose its printing sometime before the 25th of March, -or in the Julian year 1638. This would leave nearly a whole year during -which no other printing was done. If the almanac was calculated for the -year beginning in March, 1640—the year the Bay Psalm Book is dated—then -it would suppose the Oath, and the Almanac, printed in the eleventh or -twelfth months of the Julian year 1639, which is more probable. Isaiah -Thomas, writing in 1810, leaves this question in doubt by not stating -whether his January, 1639, refers to the Julian, or the Gregorian -Calendar. - -To continue our analysis: The format, and size, agrees with the known -facts that the Oath was printed “on the face of a half sheet of small -paper.” The shelf-mark indicates the permanent place on the shelves of -the Library. - -The singular appearance of the only known copy of this important and -interesting document in the Colonial history of New England, nearly -three hundred years after its printing, so far from its place of -publication, calls for explanation, which is apparently furnished in a -work published in London, in April, 1647, entitled: “New-Englands Jonas -cast up at London.” On the title-page it purports to be written by Major -John Childe, a brother of Doctor Robert Childe, of Hingham, who was -detained by order of the General Court of Massachusetts-Bay; but -according to William Hubbard, in his History, and affirmed by John -Winthrop, in his Journal, the real author of everything, except the -Preface, was William Vassall. - -[Illustration: - - FAC-SIMILE OF ORIGINAL MANUSCRIPT - in the Handwriting of Thomas Dudley, - in the Public Library of the City of Boston - - Issued with Bulletin, July, 1894] - -[Illustration: - - FAC-SIMILE OF ORIGINAL MANUSCRIPT - in the Handwriting of Thomas Dudley, - in the Public Library of the City of Boston - - Issued with Bulletin, July, 1894] - -[Illustration: - - FAC-SIMILE OF ORIGINAL MANUSCRIPT - in the Handwriting of John Winthrop, - in the Public Library of the City of Boston - - Issued with Bulletin, July, 1894] - -Its odd title was suggested by a remark made by the Reverend John -Cotton, in a Thursday-Lecture, preached November 5, 1646, just previous -to the departure of the vessel which was carrying back to England some -of the dissatisfied signers of a Petition to the General Court, who -rumor gave were taking with them this and other incriminating documents -against the Government of the Colony. The learned preacher took for his -text, Canticles, II: 15. “Take us the foxes, the little foxes, which -destroy the vines,” and made pointed allusions to the current rumors, -and the punishment which their acts would receive in a stormy voyage, -and how it could be averted. But later we shall let Vassall tell the -story in his own words. The effect upon his hearers was so great that -some who had engaged passage withdrew rather than risk the dangers of a -stormy voyage in the winter season. - -After a brief summary of the reasons for publication the Preface states -that the Relation is made up of the following particulars: - - First, the Petition of the greater part of the Inhabitants of - Hingham, and the proceedings therein. - - Secondly, a Petition of Doctor Child and others delivered to the - General Court at Boston with some passages thereon. - - Thirdly, the Capital Laws of the Massachusetts Bay, with the - Freemans Oath, _as they are printed there by themselves_. - -The italics are mine. Here, then, we have direct proof confirming the -statement of John Winthrop that the Freeman’s Oath was printed at -Cambridge in 1639, and, in the body of the work, is given the full text -of The Oath of a Free man as printed. It is probable that only the -number of copies necessary for officials authorized to administer the -Oath were printed, and the copy taken to England was surreptitiously -obtained from some member of the Government. Its importance lay in the -fact that it afforded printed evidence that nowhere in it is any -reference made to the King’s Majesty, or of allegiance to any power on -earth save that of their own Government as constituted. - -[Illustration: - - FAC-SIMILE OF ORIGINAL MANUSCRIPT - in the Handwriting of John Winthrop, - in the Public Library of the City of Boston - - Issued with Bulletin, July, 1894] - -The Capital Laws were printed at Cambridge in 1642, probably under the -same restriction, as to number; and, as printed evidence, open to the -same construction as the Oath. Whatever the purpose, however, it had -been forestalled some four years earlier when the Capital Laws were -re-printed in London in a folio broadside. The copy in the British -Museum bears the Colophon: “Printed first in New-England, and re-printed -in London for Ben. Allen in Popes-Head Allen [_sic_] 1643.” - - Fourthly, a relation of that story of Jonas verbatim as it was - delivered to me in writing by a Gentleman that was then a passenger - in the ship. - - “When the first ship that came this year 1646 from New-England, was - almost ready to come from thence; Mr. Cotton in his Thursday-Lecture - at Boston, preached out of that Scripture, Cant. 2, 15. Take us the - little Foxes, &c. In his uses took occasion to say, That if any - shall carry any Writings, Complaints against the people of God in - that Country it would be a Jonas in the ship. * * He also advised - the Ship-Master, that if storms did arise, to search if they had not - in any Chest or Trunk any such Jonas aboard, which if you find (said - he) I do not advise you to throw the persons over-board, but the - Writings; or words to that effect. Whereupon, having great storms - (as could not be otherwise expected) some of the Passengers - remembering Mr. Cotton’s Sermon, it seems were much affected with - what he had said; and a woman amongst them came up from between the - decks about Midnight, or after, in a distracted passionate manner to - Mr. William Vassall who lay in the great Cabin, but for the present - was in the Sterage-door-way looking abroad: she earnestly desired - him, if there were any Jonas in the ship, that as Mr. Cotton had - directed it might be thrown over-board, with many broken expressions - to that purpose. He asked her why she came to him? and she said - because it was thought that he had some Writings against the people - of God: but he answered her, He had nothing but a Petition to the - Parliament that they might enjoy the liberty of English subjects, - and that could be no Jonas; and that if the best of New-Englands - friends could shew him any evil in that, he would not prefer it. - After this she went into the great Cabin to Mr. Tho. Fowle in like - distracted manner; who told her he had nothing but the Copy of - Petition which himself and others had presented to the Court at - Boston; and showed, and read it to her, and then told her, That if - she and others thought that to be the cause of the storm, she and - they might do what they would with it; but he professed that he saw - no evil in it, neither was his Conscience troubled with it. So she - took it and carried it between Decks to them from whom she came, and - they agreed to throw it over-board and it was thrown over-board: but - the storm did not leave us upon the throwing of the Paper over-board - as it is reported; for they had many great storms after that; much - lesse was the great and wonderfull deliverance which by Gods mercy - he gave unto them from shipwrack and drowning at the Isles of Silly, - upon the throwing of that Writing over-board; for that was thrown - over long before, at least 14 dayes. Also the error is the more in - this, That the report is that it was the petition to the Parliament - that was thrown over-board; and it was only a Copy of a Petition to - their own Court at Boston, and the Petition to the Parliament was - still in the ship, together with another copy of that which was - thrown over-board, and other writings of that nature, some of which - are printed in this book, and were as well saved as their lives and - other goods, and are here in London to be seen and made use of in - convenient time.” - -It is true that at any time in the intervening years of a quarter of a -century I could have written to the British Museum authorities and been -sure of a courteous reply; but the matter seemed too important to be -settled in so prosaic a way. This, and the hope that sometime I might be -able to determine the matter personally, and achieve the honor that -would attach to its discovery, deterred me. - -I suppose that men of all professions, in their callings, feel an -unwonted glow in the achievement of some object; but I know of no -greater joy than that which fills the lover of books when his long -search for a rare book is rewarded. Then it is that you seem to enter -into the holy of holies of delight, when the whole body thrills with -suppressed emotions, the eyes moisten, and the trembling hand stretched -out to take the volume does so with a touch which is almost a caress. -The feeling, I think, must be somewhat akin to the “buck fever” of the -deer hunter, whose mind and shaking limbs refuse to function, as he -looks into the luminous eyes, and notes the startled look, and graceful -beauty of his prey, until it has bounded into safety in the forest. Why, -I reasoned with myself, should I give to another the pleasure of these -emotions which were mine by right of discovery. - -The opportunity of voyaging to England, which I had so long looked -forward to, did not come to me until the Spring of the present year, and -the pleasant anticipations with which I set out were comparable in my -own mind with those which must have animated the Knights of Arthur’s -Round Table in their quest for the holy grail. The morning after my -arrival in London found me an early visitor at the British Museum. The -preliminaries of admittance to the Reading-Room are not difficult, and -are soon over with, and I found myself within the great rotunda, its -walls lined in tiers with what is best in the literatures of the world, -and from which has gone out so much that is worth while in English -literature. From the Catalogue I filled out slips for some half dozen -works, artfully to conceal the one uppermost in my mind, handed them in -at the desk, and returned to my chosen seat to await with such calmness -as I could command the culmination of years of desire. Heeding the -legend that when the grail was approached by any one not perfectly pure -it vanished from sight; and that to be qualified to discover it one must -be perfectly chaste in thought and act, I endeavored to prepare myself -for its appearance. Somewhere I have read of an Oriental visionary who -attained a high degree of saintly perfection by fixing his gaze -steadfastly for hours upon his navel, which a growing embonpoint made an -easy thing to do, and I sought for holiness in the same way. - -In time the white slips of my wants came fluttering back to me by -messengers, all marked, very properly for security on account of rarity, -that they could only be consulted in the North Library, until all were -in but the one most desired. Then followed a much longer wait and -then—the slip was handed back to me with a notation that I had given a -wrong shelf-mark! Gone in an instant were all the perfectly pure and -chaste thoughts with which I had been regaling myself while I was -apparently looking at the wrong button on my vest. I think I could have -stood the blow better if it had been that hoary old fiction of careless -assistants that it was “out”, but this is a boon denied to any assistant -in the British Museum, where nothing is allowed to go out. A comparison -with the printed Catalogue showed an exact correspondence, and I sought -the Superintendent of the Reading-Room, who assured me that the matter -would have his personal attention; and for the rest of the day I busied -myself with my other wants in the North Library without any word of the -missing broadside reaching me. That evening, in communion with myself, I -determined to throw off the mask of secrecy and frankly confide the -importance of my quest to the Keeper of the Printed Books—the somewhat -expressive and imposing title of the Librarian of the British Museum. - -Before calling upon him I sought as an introducer Henry N. Stevens—the -worthy son of an illustrious father who follows closely in his footsteps -as the best authority on early printed American books in Europe—at his -shop across the street from the imposing Museum building, and to him I -told my story. As I proceeded his interest grew, and before I had -finished he excitedly grasped my arm with one hand and his hat with the -other, exclaiming: “Come with me. This is not a subject for underlings,” -and rushed me across the street without pause until we were in the -sanctum sanctorum of the learned and accomplished Keeper, Alfred W. -Pollard. And to him I told my simple tale, and asked his assistance. Mr. -Pollard is himself a bibliographer of note in his special field, and my -story was not without interest to him, but he refused to share my belief -that the missing broadside was what I supposed it to be, laying much -stress upon the black-letter feature as proof of its English origin. The -unsuccessful search for the missing broadside had evidently been called -to his notice, and the failure to produce anything in the millions of -books catalogued in that vast collection, he considered a challenge to -the efficiency of himself and his staff of assistants. A few days later, -he acknowledged failure; but gave me the interesting information that in -tracing the broadside back to its accession he had found that it was -acquired by the Museum in the year 1865, and formed part of a bundle of -miscellaneous matter, being considered of so little importance as not -even to have been mentioned in the contents of the bundle. Printing of -the letter F of the Catalogue was completed in 1888, and since that time -an expansion of the classification of books upon the shelves had been -made, from which dated its disappearance. He would not, however, -discontinue his efforts to find it. After apologizing for giving him a -“bad half-hour,” which only the importance of the broadside excused, our -second interview ended. On my last day in London, I went again with Mr. -Stevens to call on Mr. Pollard about the matter, and told him that I had -made my arrangements to fly from London to Paris on the morrow, and -asked him if these old eyes of mine were never to behold the holy grail. -“In black-letter?” he queried, touching the weak spot in my armor. “In -duodecimo!” I countered, pointing to the rent in his own. And the third -interview ended with his assurance that the search would go on until the -missing broadside was found. - -And there the matter rests, very much in the condition of the story of -the cook who asked the skipper: “Is any thing lost when you know where -it is?” And to the skipper’s gruff response, “Of course not,” he -pleasantly replied: “I am glad to know that our only iron soup kettle -wasn’t lost when it fell over-board into the Bay.” - -Through the courtesy of our fellow-members, Henry Edwards Huntington, -Esquire, and the accomplished bibliographer and librarian of his -unrivaled collection of books and art, George Watson Cole, the Society -is permitted to give a reproduction from the only known copy of “The -Book of General Lawes and Libertyes concerning the Inhabitants of the -Massachusetts”—the long-lost Code of 1648. No copy or fragment of a copy -was known to be extant for over two hundred and fifty years, when, in -1906, this copy was discovered in a small private library in England, -and was sold to the late Edmund Dwight Church for the highest price ever -paid for an American printed book—a record which is not likely to be -surpassed. The almost miraculous recovery of this volume, will, I have -given my reasons to hope, sometime have a counterpart in the recovery of -the only known copy of the first work printed in the United States of -America—The Oath of a Free man. From the year 1641, this bore the -abbreviated title of the - - - FREEMANS OATH - - I (A. B.) being by Gods providence an Inhabitant within the - Jurisdiction of this Common-wealth, and now to be made free; doe - heer freely acknowledge my self to be subject to the Government - therof: and therfore do heer swear by the great and dreadfull Name - of the Ever-living God, that I will be true and faithfull to the - same, & will accordingly yeild assistance & support therunto, with - my person and estate, as in equitie I am bound, and will also truly - indeavour to maintein & preserve all the Liberties and Priviledges - therof, submitting my self unto the wholsom Laws made and - established by the same. And farther, that I will not plot or - practice any evil against it, or consent to any that shall so doe; - but will timely discover & reveal the same to lawfull authoritie now - heer established, for the speedy prevention therof. - - Moreover, I do solemnly binde my self in the sight of God, that when - I shall be called to give my voice touching any such matter of this - State, wherin Free-men are to deal; I will give my vote and - _suffrage_ as I shall in mine own conscience judge best to conduce - and tend to the publick weal of the Body, without respect of - persons, or favour of any man. So help me God in our Lord Jesus - Christ. [1641.] From Code of 1648. - - - FREEMANS OATH - - I [A. B.] being by Gods providence an inhabitant within the - Jurisdiction of this Common-wealth, and now to be made free; doe - here freely acknowledg my self to be subject to the Government - thereof: And therefore do here Swear by the great and dreadfull Name - of the Ever-living God, that I will be true and faithfull to the - same, and will accordingly yeild assistance and support thereunto, - with my person and estate, as in equity I am bound, and will also - truely indeavour to maintain and preserve all the Liberties and - Priviledges thereof, submitting my self unto the wholsom Laws made - and established by the same. And farther, that I will not plot or - practice an evill against it, or consent to any that shall so doe; - but will timely discover and reveal the same to lawfull Authority - now here established, for the speedy prevention thereof. - - Moreover, I do solemnly bind my self in the sight of God, that when - I shall be called to give my voice touching any such matter of this - State, wherein Free-men are to deal; I will give my vote and - suffrage as I shall in mine own conscience judg best to conduce and - tend to the publick weal of the Body, without respect of persons, or - favour of any man. So help me God &c. [1641.] From Code of 1660. - - It is Ordered and by this Court declared, that no man shall be urged - to take any Oath or subscribe to any _Articles_, _Covenants_ or - _Remonstrances_, of publick and Civil nature, but such as the - Generall Court hath Considered, allowed and required, and no Oath of - any Magistrate or of any Officer, shall bind him any further or - longer, then he is Resident or Reputed an Inhabitant of this - Jurisdiction. [1641.] - - Every Court in this Jurisdiction, where two Magistrates are present, - may admitt any church members that are fitt, to be Freemen, giving - them the Oath, and the Clerke of each Court, shall certify their - names to the Secretary at the next General Court. [1641 [2]]. - -[Illustration: - - FREEMAN’S OATH - - Reproduced from “The Book of General Lawes and Libertyes concerning - the Inhabitants of the Massachusetts”-–1648 - - By the courtesy of Henry Edwards Huntington] - -In 1643, the Colonies of Massachusetts-Bay, New Plymouth, Connecticut, -and New Haven, concluded a Confederacy by which they entered into a -solemn compact to afford each other mutual advice and assistance on all -necessary occasions, whether offensive, defensive, or prudential. Among -the reasons assigned for this Union were the dependent condition of the -colonists; the vicinity of the French and Dutch, who were inclined to -make encroachments; the warlike attitude of the neighboring Indians; the -commencement of civil war in England, and impracticability of aid from -thence in any emergency; and the sacred ties of religion which already -bound them. The Province of Maine was not included because it was -subject to rulers of Episcopal tenets, and was infrequently an asylum -for excommunicants. This Union lasted for forty years without any -general Oath of Allegiance being required from the inhabitants of the -several Colonies. - - - OATH OF FIDELITIE - - I (A B) being by Gods providence an Inhabitant within the - Jurisdiction of this Common-wealth, doe freely and sincerely - acknowledge my selfe to be subject to the Government thereof. And - doe heer swear by the great and dreadful name of the Everliving God, - that I will be true and faithfull to the same, and will accordingly - yeild assistance therunto, with my person and estate, as in equitie - I am bound: and will also truly indeavour to maintein and preseve - all the Liberties & Priviledges thereof, submitting my self unto the - wholsom Laws made, & established by the same. And farther, that I - will not plot or practice any evil against it, or consent to any - that shall so doe: but will timely discover and reveal the same to - lawfull Authoritie now heer established, for the speedy preventing - thereof. So help me God in our Lord Jesus Christ. [1646.] From Code - of 1648. - - - OATH OF FIDELITIE - - I [A. B.] being by Gods providence an inhabitant within the - Jurisdiction of the Commonwealth, do freely and sincerely - acknowledge my selfe to be subject to the Government thereof. And do - here Swear by the great and dreadful name of the everliving God, - that I will be true & faithfull to the same, and will accordingly - yeild assistance thereunto, with my person and estate, as in equity - I am bound: And will also truely endeavour to Maintain and preserve - all the Liberties & Priviledges thereof submitting my self unto the - wholesom Laws made, and established by the same. - - And farther that I will not plot or practice any evill against it, - or consent to any that shall so do: but will timely discover and - reveal the same to lawfull Authority now here established, for the - speedy preventing thereof. So help me God in our Lord Jesus Christ. - [1646.] From Code of 1660. - - _To the end the body of the freemen may be preserved of honest and - good men_, It is Ordered, That henceforth no man shall be admitted - to the freedome of this Common-wealth, but such as are members of - some of the Churches, within the limits of this Iurisdiction; _And - whereas many members of Churches to exempt themselves from Publick - Service, will not come in to be made freemen_, It is Ordered, That - no members of Churches within this Iurisidiction, shall be exempt - from any publick service, they shall be chosen to, by the - Inhabitants of the severall Townes, as Constables, Iurors, Select - men, surveiors of the High-wayes. And if any such person shall - refuse to serve in, or to take upon him any such Office, being - legally chosen therunto, he shall pay for every such refusall, such - fine, as the Town shall impose not exceeding _Twenty shillings_ for - one Offence. [1647.] - - Any non freemen, who have taken or shall take the Oath of fidelity - to this government could be jury men and vote in certain matters, - after he had attained the age of 24 years. [1647.] - - _For as much as divers Inhabitants of this Jurisdiction who have - long continued amongst us, receiving Protection, from this - Government, have as we are informed uttered Offencive speeches, - whereby their fidelity to this Government may justly be suspected, - and also that divers strangers of forreign parts do repaire to us of - whose fidelity we have not that Assurance which is Commonly required - of all Governments._ - - It is therefore Ordered by this Court and the Authority thereof. - That the County Courts or any one Magistrate out of Court, shall - have power and is hereby Authorized to Require the Oath of fidelity - of all settled Inhabitants amongst us who have not already taken the - same, as also to Require the Oath under written, of all strangers, - who after two months have their abode here; And if any Person shall - refuse to take the Respective Oath, he or they shall be bound over - to the next County Court or Court of Assistants, where if he shall - refuse, he shall forfeit _five pound a week_ for every week he shall - Continue in this Jurisdiction after his sayd Refusall, unles he can - give sufficient security to the satisfaction of the Court or - Magistrate for his fidelity, during his or their residence amongst - us. - - - STRANGERS OATH - - _You A. B. Do acknowledge your self subject to the Lawes of this - Jurisdiction during your Residence under this Government, and do - here Swear, by the Great Name of the Everliving GOD, and engage your - self to be true and faithfull to the same, and not to plot, - contrive, or conceal any thing that is to the hurt or detriment - thereof._ [1652.]. - -This was, apparently, aimed at the Quakers, whose offensive attitude -towards the Government was made the subject of further drastic laws and -orders by the General Court, in October, 1656, and May, 1658. - - _This Court having considered of the proposals presented to this - Court by several of the inhabitants of the County of Middlesex_; Do - Declare and Order, That no man whosoever, shall be admitted to the - Freedome of this Body Politick, but such as are members of some - Church of Christ and in full Communion, which they declare to be the - true intent of the ancient Law, _page the eighth of the second - Book_, Anno. 1631. [1660.] - -This was construed as being directed against the members of the Church -of England, and was largely responsible for the strained relations with -his Majesty’s Commission in 1665. It was repealed before the 1672 -Revision of the Laws. - -For causes already mentioned the publication of the first Code of Laws, -in 1648, was unnoticed in England; but it was very different with the -publication of the second Code, in 1660. When it appeared its provisions -were subjected to critical scrutiny by enemies of the Puritan -Commonwealth, and the worst possible constructions placed upon them. In -particular, the loyalty of the framers, who took an Oath of Fidelity to -their Government, and none to the King, was questioned; and the -provisions for the admission of freemen which, practically, prohibited -members of the Church of England. By letter, his Majesty ordered a -redress of these grievances, and appointed a Commission who proceeded, -in a partisan manner, to execute their powers. In 1665, the -Commissioners presented to the General Court a list of twenty-six -changes which they desired to have made in the Code of 1660. The -principal ones were the substitution of an acknowledgment of the royal -authority for all expressions of the supremacy of the Commonwealth; a -recognition of the Church of England; and a repeal of the long-standing -limitation of citizenship to church members. To one or two of their -points the General Court gave consent. A comparison with the Code of -1672, shows that while the recognition of his majesty’s supremacy was -allowed, in a score of instances the powers of the government under -their Charter were asserted. The right of strangers to become citizens -was nominally conceded, but on conditions which afforded only a minimum -of relief to members of the Church of England. - - On the 3 August, 1664 it was Ordered by the General Court: - - _In Answer to that part of his Majestyes Letter_, of June 28, 1662, - _concerning admission of freemen_. This Court doth Declare, That the - Law prohibiting all persons, except Members of Churches, and, that - also for allowance of them in any County Court, are hereby Repealed, - And do hereby also Order and Enact That, from henceforth all English - men presenting a Certificate under the hand of the Ministers, or - Minister of the Place where they dwell, that they are Orthodox in - Religion, and not vicious in their Lives, and also a certificate - under the hands of the Select men of the place, or of the major Part - of them, that they are Free-holders: and are for their own propper - Estate (without heads of Persons) Rateable to the Country in a - single Country Rate, after the usuall manner of valuation in the - place where they live, to the full vallue of _Ten Shillings_, or - that they are in full Communion with some Church amongst us; It - shall be in the Liberty of all and every such Person or Persons, - being _twenty-four_ yeares of age, Householders and settled - Inhabitants in this Jurisdiction, from time to time to themselves - and their desires to this Court, for their addmittance to the - freedome of this commonwealth, and shall be allowed the priviledge, - to have such their desire Propounded and put to Vote in the General - Court, for acceptance to the freedome of the body pollitick, by the - sufferage of the major parte according to the Rules of our Patent. - [1664.]. - - * * * * * - - It was also Ordered by the General Court on the 19 October, 1664. - - _Forasmuch as several Persons who from time to time are to be made - freemen, live remote and are not able without great trouble and - charge to appear before this Court to take their respective Oaths_: - It is therefore Ordered, that henceforth it shall be in the power of - any County Court, to administer the Oath of Freedome to any persons - approved of by the General Court who shall desire the same, any Law - or Custome to the contrary notwithstanding. [1664.] - - * * * * * - - And, at the May, 1665, session, to conform to the criticism of his - Majesty’s Commission concerning the Oath of Allegiance: - - It is ordered by this Court, & the authority thereof, that the - following oath be annexed vnto the oathes of euery freeman & oath of - fidellity, & to the Gouerno^r, Dep^{t-}Gouerno^r, & Assistants, & to - all other publicke officers, as followeth:— - - The oath of a freeman & fidelity to runne thus:— - - - OATH OF FIDELITIE - - Whereas I [A. B.] am an inhabitant within this Jurisdiction, - Considering how I stand Obliged to the Kings Majesty, his heires and - Successors by our Charter and the Government established thereby; Do - Swear accordingly by the great and dreadfull Name of the Ever-Living - God, that I will bear Faith and true Allegiance to our Soveraingn - Lord the King, his Heires and Successors; and that I will be True - and Faithfull to this Government, and accordingly yeild Assistance - thereunto, with my person and estate, as in equity I am bound; - - And will also truely endeavour to Maintain and Preserve all the - Liberties and Priviledges thereof, Submiting my self unto the - wholesom Laws made and established by the same. - - And farther that I will not Plot or practice any evill against it, - or consent to any that shall so do: but will timely discover and - reveal the same to Lawfull Authority now here established, for the - speedy preventing thereof. So help me God in our Lord Jesus Christ. - [1665.] - - - FREEMANS OATH - - Whereas I [A. B.] being an inhabitant of the Jurisdiction of the - _Massachusets_, and now to be made free. Do hereby acknowledge my - selfe to be subject to the Government thereof (Considering how I - stand obliged to the Kings Majesty, his Heires and Successors, by - our Charter and the Government established thereby Do Swear - accordingly, by the Great and Dreadfull Name of the Ever-Living GOD, - that I will bear Faith and true Alegiance to our Soveraigne Lord the - King, his heires and Successors,) and that I will be true and - Faithfull to the same, and will accordingly yeild Assistance and - Support thereunto with my person and estate, as in equity I am - bound; And will also truely endeavour to maintain and preserve all - the Liberties and priviledges thereof, submitting my selfe to the - wolesome Laws made and established by the same. - - And farther that I will not Plot nor Practice any Evill against it, - or consent to any that shall so do, but will timely discover and - reveal the same to Lawfull Authority now here established, for the - speedy prevention thereof. - - Moreover I do Solemnly bind my selfe in the sight of God, that when - I shall be called to give my Voyce touching any such matter of this - State wherein Freemen are to deal, I will give my Vote and Suffrage - as I shall in mine own Conscience judge best to conduce and tend to - the Publick Weale of the body, without respect of persons or favour - of any man. So help me God in our Lord Jesus Christ. [1665.] - - * * * * * - - The oath of the Goūno^r, Dept Goūno^r, & other publicke officers, - to runne thus:— - - Whereas I, A. B., am chosen Gouerno^r, &c., considering how I stand - obliged to the kings majesty, his heires & successors, by our - charter and the gouerment here established thereby, doe sweare, &c, - as aboue. [1665.] - -In their demand for changes in the 1660 Book of the General Laws and -Liberties, the Commissioners in their 14th section proposed: “That, page -33, ‘none be admitted freemen but such as are members of some of the -churches w^{th} in the limitts of this jurisdiction’ may be explained, & -comp̄hend such as are members of y^e church of England.” - - At the General Court of 23 May, 1666. - - It is ordered that the Secretary, at the request of all such as are - admitted to the freedome of this Colony or any in their behalf, give - a true copy out of this Courts Records, of their names, by them to - be delivered to the clerks or recorders of those Courts in the - severall Counties to which they do belong, with a copy of the Oath - of Freemen as it is now stated, that they may there take their - Oathes &c. [1666.] - - * * * * * - - At the General Court of 15 October, 1673: - - As an addition to the Law, title Freemen, section the third, it is - ordered by this Court and the authority thereof that henceforth the - names of such as desire to be admitted to the freedome of this - Com̄on-wealth, not being members of churches in full comunion, shall - be entred w^{th} the secretary, from tjme to tjme, at the Court of - election, and read ouer before the whole Court sometime that - sessions and shall not be put to vote in the Court till the Court of - election next followg. [1673.] - - This order of Court was repealed 9 February 1682/3. - - * * * * * - - Att a Generall Court, held at Boston, 10^{th} of October, 1677. - - Whereas many secret attempts haue binn lately made by euil minded - persons to set fire in the toune of Boston and other places, tending - to the destruction of the whole, this Court doeth account it their - duty to vse all lawfull meanes to discouer such persons and prevent - the like for time to come. - - Bee it therefore ordered & enacted by this Court and the Authority - thereof, That the Law, _title_ Oathes and Subscriptions, page 120 - sect. 2., requiring all persons, as well inhabitants as strangers, - (that have not taken it) to take the Oath of Fidelity to the - Country, be revived and put in practice through this Jurisdiction. - And for the more effectual execution thereof, It is ordered by this - Court; That the select men, Constables, and Tithing-men, in every - town do, once every quarter of a year so proportion and divide the - precincts of each town, and go from house to house, and take an - exact list of the Names, quality and callings of every person, - whether Inhabitant or Stranger, that have not taken the said Oath, - and cannot make due proof thereof; and the Officers aforesaid are - hereby required forthwith to return the names of such persons unto - the next magistrate, or County Court, or chief military officer in - the town where no Magistrate is, who are required to give such - persons the said Oath prescribed in the Law, wherein not only - Fidelity to the Country, but Allegiance to our King, is required; - And all such as take the said oath shall be Recorded and Enrolled in - the County Records by the clerk of each County Court. And all such - as refuse to take the said Oath, they shall be proceeded against as - the said Law directs. And further, this Court doth Declare; That all - such refusers to take the said Oath shall not have the benefit of - our Laws to Implead, Sue, or recover any Debt in any Court or Courts - within this Jurisdiction, nor have protection from this Government - whilest they continue in such obstinate refusal. - - And furthermore, It is Ordered; That if any Officer intrusted with - the Execution of this Order, do, neglect, or omit his or their duty - therein, they shall be fined according to their demerits, not - exceeding five pounds for one offence, being complained of, or - presented to the County Courts or Court of Assistants, And this Law - to be forthwith Printed and Published, and effectually executed from - and after the last of _November_ next. And that all persons that - administer the Oath abovesaid, shall in like manner make return of - the Names of such persons so sworn to the respective Clerks of the - County Courts. Made October 10, 1677. - - * * * * * - - Att the second sessions of the Gen̄ll Court held at Boston, 2 - October, 1678. - - _Whereas it hath pleased his most excellent Majesty, our gracious - king by his letter bearing date the twenty-seventh of Aprill, 1678, - to signifie his Royall pleasure, That the Authority of this his - Colony of Massachusetts in New-England, do give forth Orders that - the Oath of Allegiance, as it is by Law established within his - Kingdome of England, be administred and taken by all his subjects - within this Colony who are of years to take an oath_: - - In Obedience whereunto, and as a demonstration of our Loyalty; It is - ordered and enacted by this Court and the Authority thereof, that, - as the members of this Court now sitting have readily taken the Oath - of Allegiance, so, by their Example and Authority, they do require - and command that the same Oath be given and taken by all his - Majesties subjects within this Jurisdiction that are of sixteen - years of age and upwards. And to the end this Order be duely - executed, it is hereby Ordered, that a convenient number of printed - Copies of the said Oath of Allegiance, exactly agreeing with the - written copy inclosed in his majesties Letter, and signed by the - Secretary of State, to be sent forth unto every Magistrate and - Justice of peace, and to the Constable of every town within this - Jurisdiction. - - And it is further Ordered that the Magistrates and Justices, or such - as are Commissioned with Magistratical Authority in every County of - this Colony do with all convenient speed repair to the several Towns - and Villages within this Jurisdiction, at such time, and in such - order as they best may, and accomplish the same; giving forth their - warrant to the Constables of each Town to convene all the - inhabitants of the Age abovesaid, and taking their names in writing, - administer the said Oath of Allegiance to each of them, and return - their Names to the Recorder of each County Court to be enrolled. And - if any shall refuse to take the said Oath, or absent themselves - unless in case of sickness, the Names of such shall be returned to - the Recorder of the County, who are to be proceeded against by the - County Courts respectively, for the first offence whereof he is - legally convicted, to pay such a fine as the County Court shall - impose, not exceeding five pounds, or three Moneths Imprisonment in - the common prison or house of Correction: And for the second offence - whereof he shall be lawfully convicted, what summe the County Court - shall inflict, provided it exceed not ten pounds, or six Moneths - Imprisonment without Baile, or Mainprise. [1678.] - -The officials of the Government, ignoring the copy of the Oath of -Allegiance given them by the royal commissioners, took the Oath in Court -as it is given in Michael Dalton’s “The Countrey Justice,”—a work of -much esteem in its time, which passed through some ten or eleven -editions, three of which are in the valuable Library of this Society, -and one of them, there is reason to believe, may have been the volume -used in this historical incident,—all of them declaring that the same is -to be understood as not infringing the liberties and privileges granted -in his Majesty’s royal Charter to this Colony of the Massachusetts. - -Regarding the manner of taking the Oath; the New England custom was by -holding up the right hand, as opposed to the custom in England of -holding, or laying the hand on the Bible, or kissing it. This was one of -the irritating questions in dispute between the Colonists and the Andros -faction. Samuel Sewall, in his Diary, under date of June 11, 1686, says: -“I read the Oath myself holding the book in my left hand, and holding up -my right hand to Heaven.” And, in 1687, Increase Mather discoursed on -the “laying the hand on and kissing the booke in swearing.” This -question continued to irritate, and was one of the predisposing causes -of the Revolutionary War in the Province of New York. In 1772, a Bill -was lost in Council, “For Removing Doubts in the administration of -Oaths.” This Bill was designed to favor a number of people, chiefly from -Scotland and the north of Ireland, who held conscientious scruples -against the present legal form of kissing the Bible; and allow them to -use the form in use in Scotland and the New England Colonies of lifting -up the right hand. The weight of Episcopal authority denied them this -right. - -In the colonization of New England the figure of John Winthrop looms -colossal. Given time, he would have built an Empire whose only ruler -would have been the Lord of Hosts. He can hardly be called a Puritan—his -conversion came too late—but he was a Congregationalist. His method was -so simple as to be open to the understanding of anyone, but it was a -firm principle of government. As an illustration: when he was appealed -to by a small group of settlers near the border line of New Hampshire -for information as to how they could become freemen of the Colony of -Massachusetts-Bay, his reply was: “Get a Minister.” When they answered -that they had no Minister, and did not know where to get one, again came -back his uncompromising reply: “Get a Minister.” In this reply rested -his whole system of colonization. It was simplicity itself. The English -Government recognized its power when, by Proclamation, they endeavored -to prevent the emigration of Puritan Ministers from England. “Get a -Minister!” Gather about him! Build him a church, and homes for -yourselves and families. This done, you have a Plantation. When you have -thus qualified to become freemen, and have taken the Oath of a Freeman, -you will be entitled to hold office; assist in framing laws, and -enforcing those already made; and, as members of the Commonwealth, be -assured that all your rights will be protected. This principle of -government was firm, but not repellent. If you could not conform to it -there was no reason for remaining among them. The world was wide enough -for every one. And you could go to Maine, or Rhode Island. Under it was -formed a government that has never been equalled in prosperity, morality -and all that makes for happiness. No less a personage than Hugh Peters -has declared that in the six years of his residence in the Colony of -Massachusetts-Bay, he had never seen a drunken man or heard a profane -oath. - -The limits of their territory they continually enlarged by firmly -insisting upon the border lines of their Patent, and even stretching -them when near some natural boundary; by purchasing the rights of New -Plymouth in the Colony of Maine, for 400 pounds, they added a tract of -seven hundred square miles; by the purchase of the Gorges Patent, for -1,250 pounds sterling, they acquired a jurisdiction over the rest of the -Province of Maine which made it a District of Massachusetts down to the -year 1820. There has been a good deal of sympathy, and many unnecessary -tears have been shed over the so-called banishment of Roger Williams to -Rhode Island; but it was his friend, John Winthrop, who whispered in his -ear the desirability of the location of the Providence Plantations. And -there was no reason why Roger Williams could not have gone out from -Salem with head erect, and with his gaze fixed on the stars, as every -good missionary should go, knowing that the powers of the government of -Massachusetts-Bay was as much behind his settlement, without an Oath, as -it was behind the colonists of Connecticut, and New Haven, who had gone -out from Cambridge, Watertown and Roxbury, carrying with them the Oath -of a Freeman as a principle of their governments. In the Union of the -Colonies of Massachusetts-Bay, New Plymouth, Connecticut, and New Haven, -of which John Winthrop was the first President, a new idea was advanced -in his system of government, which eventually attained greater results. - -It cannot be said that John Winthrop accomplished these things unaided. -There were others who ably assisted him, whose names, also, should be -held in honored remembrance. But through it all, can be seen the firm, -directing mind and purpose of a man whose vision looked beyond his -present to a future, and a Republic that was to be. - -And this is why our people should look upon The Oath of a Freeman, which -was his work, not alone as the glorious first fruit of the -Printing-Press in this Country; but also as a great state paper which -accomplished without bloodshed, on a smaller scale it is true, all that -was achieved, one hundred and thirty-seven years later, after seven -years of warfare, through the Declaration of Independence. - - - - -_In Connecticut and New Haven Colonies._ - - -The colonists of Connecticut, in the main, followed closely the general -system of laws of the Massachusetts Bay Colony, from which they had -emigrated. Their form of government was theocratic, the Oath of a -Freeman being the test of citizenship. The settlers of Windsor, who came -from Dorchester with John Warham, in 1635, did not, however, make church -membership a necessary qualification for holding civil office. - -The settlers of Guilford, who were joined to New Haven Colony, exercised -their powers of government by a system which conformed to the grant from -Lord Say and Brook to Theophilus Eaton and his company. Like that at New -Haven it was an aristocracy, but modelled in a singular way. As a part -of New Haven Colony they were entitled to one Magistrate, who was their -head and invested with the whole executive and judicial power. The -settlers were divided into two classes, freemen and planters. The -freemen could consist only of those who were church members, and partook -of the sacrament. They were all under oath agreeably to their form of -government. Out of their number were chosen three or four deputies to -sit with the Magistrate in General Courts, and all public officers. The -planters consisted of all inhabitants above the age of twenty-one years, -with a certain estate, which qualified them to vote in town meetings. - - 5 ^{to} Ap^r 1638. A gen^rall Cort at Hartford. - - Forasmuch as it has pleased the Allmighty God by the wise - disposition of his diuyne p^ruidence so to Order and dispose of - things that we the Inhabitants and Residents of Windsor, Hartford - and Wethersfield are now cohabiting and dwelling in and vppon the - River of Conectecotte and the Lands thereunto adioyneing; And well - knowing where a people are gathered togather the word of God - requires that to mayntayne the peace and vnion of such a people - there should be an orderly and decent Gouerment established - according to God, to order and dispose of the affayres of the people - at all seasons as occation shall require: doe therefore assotiate - and conioyne our selues to be as one publike State or Com̄onwelth; - and doe, for our selues and our Successors and such as shall be - adioyned to vs att any tyme hereafter, enter into Combination and - Confederation togather, to mayntayne and p^rsearue the liberty and - purity of the gospell of our Lord Jesus w^{ch} we now p^rfesse, as - also the disciplyne of the Churches w^{ch} according to the truth of - the said gospell is now practiced amongst vs; As also in o^r Ciuill - Affaires to be guided and gouerned according to such Lawes, Rules, - Orders and decrees as shall be made, ordered & decreed, as - followeth: [The eleven Fundamentalls.] [1638.] - -In Connecticut, it would appear that the Oath of Fidelity required of -all that were admitted freemen up to July 1640, was as follows: - - - AN OATH FOR PAQUA’ AND THE PLANTATIONS THERE: - - - I A. B. being by the P^ruidence of God an inhabitant w^{th}in the - Jurisdiction of Conectecotte, doe acknowledge my selfe to be subject - to the gou^rment thereof, and doe sweare by the great and dreadfull - name of the eu^r liueing God to be true and faythfull vnto the same, - and doe submitt boath my P^rson & estate thereunto, according to all - the holsome lawes & orders that ether are or hereafter shall be - there made by lawfull authority: And that I will nether plott nor - practice any euell agaynst the same, nor consent to any that shall - so doe, but will tymely discou^r the same to lawfull authority - established there; and that I will maynetayne, as in duty I am - bownd, the honor of the same & of the lawfull Magestrats thereof, - promoteing the publike good thereof, whilst I shall so continue an - Inhabitant there, and whensou^r I shall give my vote, suffrage or - p^rxy, being cauled thereunto touching any matter w^{ch} conserns - this Com̄onwelth, I will giue y^t as in my conscience may conduce to - the best good of the same, w^{th}out respect of p^rson or favor of - any man; So helpe me God in the Lo: Jesus Christ. [1640.] - - - THE OATH OF A FREEMAN - - I, A. B. being by the P^ruidence of God an Inhabitant w^{th}in the - Jurisdiction of Conectecotte, doe acknowledge myselfe to be subiecte - to the Gouerment thereof, and doe sweare by the great and fearefull - name of the euerliueing God, to be true and faythfull vnto the same, - and doe submitt boath my p^rson and estate thereunto, according to - all the holsome lawes and orders that there are, or here after shall - be there made, and established by lawfull authority, and that I will - nether plott nor practice any euell ag^t the same, nor consent to - any that shall so doe, but will tymely discouer the same to lawfull - authority there established; and that I will, as I am in duty bownd, - mayntayne the honner of the same and of the lawfull Magestratts - thereof, p^rmoting the publike good of y^t, whilst I shall soe - continue an inhabitant there; and whensoeu^r I shall giue my voate - or suffrage touching any matter w^{ch} conserns this Com̄on welth - being cauled there unto, will give y^t as in my conscience I shall - judge may conduce to the best good of the same, w^{th}out respect of - p^rsons or favor of any man. Soe helpe me God in o^r Lord Jesus - Christe. Aprill the xth, 1640. - - * * * * * - - At a Generall Assembly held at Hartford, Aprill 20th, 1665, there - was presented to the Court the Propositions of his Majesty’s Royal - Commission which were read and answered as follows; - - 1. That all householders inhabiting this Colony take the oath of - allegiance, and that the administration of justice be in his - Majesties name. - - To this we returne, that according to his Majesties pleasure exprest - in o^r Charter, o^r Gouernour formerly hath nominated and appoynted - meet persons to administer the oath of allegiance, whoe haue, - according to their order, administred the s^d oath to seuerall - persons allready; and the administration of justice amongst us hath - been, is and shall be in his Majesties name. - - 2nd Propos: That all men of competent estates and of ciuill - conuersation, though of different judgments, may be admitted to be - freemen, and haue liberty to chuse or to be chosen officers, both - military and ciuill. - - To the 2d, our order for admission of freemen is consonant w^{th} - that proposition. - - 3. Propos: That all persons of ciuill liues may freely injoy the - liberty of their consciences, and the worship of God in that way - which they thinke best, prouided that this liberty tend not to the - disturbance of the publique, nor to the hindrance of the maintenance - of Ministers regularly chosen in each respectiue parish or township. - - To the 3d Propos: We say, we know not if any one that hath bin - troubled by us for attending his conscience, prouided he hath not - distu^rbed the publique. - - 4 Propos: That all lawes and expressions in lawes, derogatory to his - Majestie, if any such haue bin made in these late troublesome times, - may be repealed, altered and taken off the file. - - To the 4th p^rpos: We return, we know not of any lawe or expressions - in any law that is derogatory to his Majesty amongst us; but if any - such be found, we count it o^r duty to repeal, alter it, and take it - off the file, and this we attended upon the receipt of our Charter. - [1665]. - - * * * * * - - At a Gen^{ll} Assembly for election held at Hartford, May 11, ‘65. - This Court declare that it is their full sense and determination - that such persons as are or hereafter shalbe approued to be freemen - of this Corporation shal take y^e Oath that is already established - vpon record to be administered to y^e respectiue freemen: And - further, that all such as shal refuse to take the said oath, though - otherwise approued p^rsons yet shal not p^rtake of the privilidges - of those that have bene formally incorporated into this civil - society, vntil y^e said Oath be administred vnto them: Provided that - this order includes not either freemen formerly admitted and sworne - or Assistants and Com̄issioners that haue taken their corporal oaths - or Deputies that haue bene accepted into y^e Gen^{ll} Assembly to - assist in ye concernments of this corporation. [1665.] - - - - -_In New Haven Colony._ - - -“On the 4^{th} day of the 4^{th} month called June 1639, all the free -planters of the town to be called a year later Newhaven, assembled -together in a general meetinge to consult about settling ciuill -Gouernm^t according to God. * * * Mr. John Davenport propounded divers -(6) quæries to them publiquely praying them to consider seriously * * * -and to giue their answers in such sort as they would be willing they -should stand upon recorde for posterity.” - -These six fundamental agreements were assented to by the lifting up of -hands twice: once at the proposal and again after when the written words -were read unto them. - -And on the 25th of October next, the following charge was given and -accepted by them: - - - FREEMAN’S CHARGE - - Yow shall neither plott, practise, nor consent, to any euill, or - hurt, against this Jurisdiction, or any part of it, nor against The - Civill Gouerment here established: And if you shall know any person - or persons w^{ch} intend, plott, or conspire anything, w^{ch} tends - to the hurt, or prjudice, of the same, you shall timely discouer the - same to Lawfull Authority here established, and you shall assist, - and be helpfull, in all the affaires of the Jurisdiction, and by all - meanes shall promoue the publique wellfare of the same, according to - yo^r place, abillity, and opportunity; you shall giue due hono^r to - the Lawfull Magistrats, and shall be obedient, and subject, to all - the wholesome Lawes, and Orders, allready made, or w^{ch} shall be - hereafter made, by Lawfull Authority afforesaide, and that both in - yo^r person, and estate, and when you shall be duely called, to giue - yo^r vote, or suffrage, in any Election, or touching any other - matter, w^{ch} concerneth this Common wellth, yow shall giue it, as - in yo^r conscience, you shall judg may conduse to the best good of - the same. [1639.] - - * * * * * - - At A Gen. Court held att Newhaven the 3^d of Aprill 1644. - - This day, a forme of an oath for the Governo^r and magistrats to - take, and another forme of an oath to be imposed upon all the - inhabitants w^thin this jurisdiction was propounded to the - consideratiō of the court, who, after some serious debate and - consideratiō rested satisfyed w^th the said formes. And therevpon - ordered thatt itt should be forthw^th putt in executiō, and whereas - the Governo^r doth shortly intend a journey to Stamforde on other - occasions, the Court desired him to improve thatt opportunity, both - at Stamforde and att Milford, for the giveing of the oath, and the - like att Guilforde in time convenient. Itt was further ordered thatt - no person or persons shall hereafter be admitted as an inhabitant in - this jurisdictiō or any of the plantations therein butt he or they - shall take the said oath vpon his or their admittance. - - * * * * * - - On the 23 of June, 1644, The formes of two oathes were propounded to - the Court to be taken the next second day in the morning, by all the - inhabitants in this plantatiō, one of them is to be taken by all, - and the other by the Governo^r onely. - - * * * * * - - Att a Gen^{rll} Court held att Newhaven the 1^t of July, 1644. The - Governo^r tooke this oath as followeth, - - I [Theophilus Eaton] being att a Gen^{rll} Co^{rt} in October last, - chosen Governo^r w^thin Newhaven Jurisdictiō for a yeare then to - ensue, and vntill a new Governo^r be chosen, do sweare by the great - and dreadfull name of the ever living God, to promove the publique - good and peace of the same, according to the best of my skill, and - will allso maintaine all the lawfull priviledges of this - comōwealth, according to the fundamentall order and agreem^t made - for governm^t in this jurisdictiō, and in like manner will endeuo^r - thatt all wholsome lawes thatt are or shall be made by lawfull - authority here established be duely executed, and will further the - executiō of justice according to the righteous rules of Gods worde, - so help me God in o^r Lord Jesus Christ. - - * * * * * - - The Governo^r haveing allso received the - - - OATH OF FIDELITY - - as followeth, - - I [Theophilus Eaton] being by the providence of God an inhabitant - w^thim Newhaven Jurisdictiō, doe acknowledge myselfe to be subject - to the goverm^t thereof, and doe sweare by the great and dreadfull - name of the ever living God, to be true and faithfull vnto the same, - and doe submitt both my person and my whole estate thervnto - according to all the wholsome lawes and orders thatt for present are - or hereafter shall be there made and established by lawfull - authority, and thatt I will neither plott nor practise any evill - agst the same, nor consent to any thatt shall so doe, butt will - timely discover the same to lawfull authority here established, and - thatt I will as I am in duety bounde, maintaine the hono^r of the - same and off the lawfull magistrates thereoff, promoting the - publique good of the same whilest I shall continue an inhabitant - there. And whensoever I shall be duely called a free burgesse, - according to the fundamentall order and agreem^t for governm^t in - this jurisdictiō to give my vote or suffrage touching any matter - w^ch concerneth this comō wealth, I will give itt as in my - conscience I shall judge may conduce to the best good of the same - w^thout respect of persons, So help me God in our Lord Jesus Christ. - - Then he gave itt to all those whose names are herevnder written, - [Two hundred and sixteen names.] [1644.] - -In May, 1665, the Colonies of Connecticut, and New Haven were united as -the Colony of Connecticut in New England. - - - OATH OF ALLEGIANCE - - Administered at New Haven, in May 1666, under powers granted by - Governor John Winthrop, according to his Maj^{ties} Charter granted - to this Colony of Connecticut in New England. - - You J[asper] C[rane], doe sweare faith and Allegeance to his - Maj^{tie} Charles y^e Second, as duty binds according to y^e word of - God. And yo^u doe hereby acknowledge that the Pope, nor any other - potentate hath powe^r or autority or iurisdiction in any of his - Maj^{ties} dominions, and y^t only his Ma^{tie} our sover^n Lord - King Charles hath under God, supreme power in his Ma^{ties} - dominions. And I doe abhor y^e detestable opinion y^t the pope hath - pow^r to Depose princes. And this I doe from my hart, soe help me - God. - -On the 31 October, 1687, Sir Edmund Andros, Knt. took over into his -hands the government of the Colony of Connecticut in New England. - - - - -_In Rhode Island and Providence Plantations._ - - -The settlement of Rhode Island by Roger Williams, being partly -occasioned by his refusal to take either the Oath of Fidelity, or the -Stranger’s Oath to the Colony of Massachusetts-Bay will account for the -absence of all Oaths of Allegiance in the early history of the Colony -which he founded. From the first settlement of the Colony of Rhode -Island and Providence Plantations to the present time an Oath could not -be required of any one; but in its place is required a property -qualification and an Affirmation. - - - CIVIL COMPACT - - We whose names are hereunder, desirous to inhabit in the town of - Providence, do promise to subject ourselves in active and passive - obedience to all such orders or agreements as shall be made for - public good of the body in an orderly way, by the major consent of - present inhabitants, masters of families, incorporated together in a - Towne fellowship, and others whom they shall admit unto them only in - civil things. [Richard Scott, and twelve others.] August the 20th, - [1637.] - -This limiting of the powers of town meetings to “civil things,” is the -first expression in the new world of a severance of the bonds of Church -and State, and of that principle of freedom of conscience for which the -founder had contended. This first Civil Compact was followed, on the 7th -day of the first month, 1638, by the settlers at Aquidneck, with a - - - SECOND CIVIL COMPACT - - We whose names are underwritten do here, solemnly, in the presence - of Jehovah incorporate ourselves into a Bodie Politick and as he - shall help, will submit our persons, lives and estates unto our Lord - Jesus Christ, the King of Kings and Lord of Lords and to all those - perfect and most absolute lawes of his given us in his holy word of - truth, to be guided and judged thereby. Exod. 24. 3. 4, 2 Cron. - 11.3, 2 Kings, 11. 17. [William Coddington, and eighteen others.] - - The 7th of the first month, 1638. We that are Freemen Incorporate of - this Bodie Politick do Elect and Constitute William Coddington, - Esquire, a Judge amongst us, and so covenant to yield all due honour - unto him according to the lawes of God, and so far as in us lyes to - maintaine the honour and privileges of his place which shall - hereafter be ratifyed according unto God, the Lord helping us so to - do. - - William Aspinwall, Sec’ry. - - I, William Coddington, Esquire, being called and chosen by the - Freemen Incorporate of this Bodie Politick, to be a Judge amongst - them, do covenant to do justice and Judgment impartially according - to the lawes of God, and to maintaine the Fundamentall Rights and - Privileges of this Bodie Politick, which shall hereafter be ratifyed - according unto God, the Lord helping us so to do. - - On the 3d Month, 13 day, 1638. It is ordered that none shall be - received as inhabitants or Freemen to build or plant upon the Island - but such as shall be received in by the consent of the Bodye, and do - submitt to the government that is or shall be established, according - to the word of God. [1638.] - -From this arrangement, the first recorded Act regarding freemen in the -Colony, a minority seceded, taking the Records with them, and drew up -the following instrument: - - It is agreed - - By vs whose hands are underwritten, to propagate a Plantation in the - midst of the Island or elsewhere; And doe engage ourselves to bear - equall charges, answerable to our strength and estates in common; - and that our determinations shall be by major voice of judge and - elders; the Judge to have a double voice. [William Coddington, and - eight others.] On the 28th of the 2d Month, 1639. - -Agreeing and ordering that the Plantation now begun shall be called -Newport. - -The remaining members of the Aquidneck settlement then organized a new -government. - - Aprill the 30th, 1639. - - We whose names are underwritten doe acknowledge ourselves the legall - subjects of his Majestie King Charles, and in his name doe hereby - binde ourselves into a civill body Politicke, assenting unto his - lawes according to right and matters of justice. [William - Hutchinson, and thirty associates.] - - * * * * * - - By the Body Politicke on the Ile of Agethnec, inhabiting this - present, 25 of 9 = month, 1639. - - In the fourteenth yeare of y^e Raign of our Sovereign Lord King - Charles. It is agreed, That as natural subjects to our Prince, and - subject to his Lawes, all matters that concerne the Peace shall be - by those that are officers of the Peace transacted; And all actions - of the Case or Dept, shall be in such Courts as by order are here - appointed, and by such Judges as are Deputed: Heard and Legally - Determined. - - * * * * * - - At the Generall Court of Election began and held at Portsmouth, from - the 16th of March to the 19th of the same mo., 1641. - - 1. It was ordered and agreed before the Election, that an Ingagement - by oath should be taken of all the officers of this Body now to be - elected, as likewise for the time to come; the ingagement which the - severall officers of the State shall give is this; To the execution - of this office I judge myself bound before God to walk faithfully, - and this I profess in y^e presence of God. - - 3. It is ordered and unanimously agreed upon that the Government - which this Bodie Politick doth attend vnto in this Island, and the - Jurisdiction thereof, in favour of our Prince is a Democracie, or - popular Government; that is to say, It is in the Powre of the Body - of Freemen orderly assembled, or the major part of them, to make or - constitute Just Lawes, by which they will be regulated, and to - depute from among themselves such Ministers as shall see them - faithfully executed between Man and Man. - - 16. It is ordered that Ingagement shall be taken by the Justices of - the Peace in their Quarter Sessions of all men or youth above - fifteen years of age, eyther by the oath of Fidelity, or some other - strong cognizance. - - 28. It is ordered and received, that the Ingagement that already was - given by the Freemen was and is of the same force as that oath is - which is authorized to be administered to the Inhabitants, which - oath Nicholas Easton, Rob’t Jeoffreys, and Wm. Dyre did take in - presence of the Courte. - - 29. It is ordered, that if any person or persons on the Island, - whether Freeman or Inhabitant, shall by any meanes open or covert, - endeavour to bring in any other Powre than what is now established - (except it be from our Prince by lawfull commission), shall be - accounted a delinquent under the head of Perjurie. - - 30. It is ordered, that the Law of the last Court made concerning - Libertie of Conscience in point of Doctrine is perpetuated. - - - THE ENGAGEMENT OF THE OFFICERS - - You, A. B. being called and chosen vnto public employment, and the - office of ——, by the free vote and consent y^e Inhabitants of the - Province of Providence Plantations (now orderly met), do, in the - present Assemblie, engage yourself faithfully and truly to the - utmost of your power to execute the commission committed vnto you; - and do hereby promise to do neither more nor less in that respect - than that which the Colonie have or shall authorize you to do - according to the best of your understanding. - - - THE RECIPROCAL ENGAGEMENT OF THE STATE TO Y^E OFFICERS - - We, the Inhabitants of the Province of Providence Plantations being - here orderly met, and having by free vote chosen you ——, to public - office and officers for the due administration of Justice and the - execution thereof throughout the whole Colonie, do hereby engage - ourselves to the utmost of our power to support and vphold you in - your faithfull performance thereof. [1641.] - - This Engagement was also agreed to by the Court of Commissioners and - Election. September y^e 13th, 1654. - - It is ordered by the present Assemblie, that this is y^e engagement - of y^e Generall officers any former forme to the contrarie - notwithstandinge. - - * * * * * - - At the General Court of the 21st of May, 1661, the words: “in his - Majesties name” was added after (“now orderly met”). - - * * * * * - - And Att a Generall Assembly of the Collony of Rhode Iland and - Providence Plantations the 4th of May, 1664: - - This Assembly alsoe declareth against any parson acting in any - publike office, except hee first take the engagement according to - the forme hear subjoyned. - - You, A. B., &c., sollemly engage to be true and faythfull vnto our - Soveraigne Lord the King, Charles the Second, of England, Scotland, - France and Ireland, and dominiones and terrytoryes therevnto - belonging; and to his sayd Majesty, his heirs and successors, true - allegeance to beare and exicute your commission, charge and office, - according to the best of your skill and knowledge without - partiallyty or affection to any; and that according to the lawes - already established, or to be established in this Colony. This - ingagement you make and ingage to obsearve, vnder the penalty of - perjury.... - - At the taking of the ingagement by any, ther must bee a - re-engagement given in the Colloneys name, to stand by and assist - such parsones in the exicution of ther offices and performance of - ther dutyes. - - It is alsoe the pleasuer and appoynment of this Generall Assembly, - that none presume to vote in the matters afforesayd, but such whome - this Generall Assembly expresly by ther writting shal admit as - freemen. - - The 19^{th} of the ii^{th} Month, 1645. Wee whose names are heere - after Subscribed, having obteyned a free Grante of Twenty five Akers - of Land a peece with right of Commoning, according to the said - proportion of Land; from the free Jnhabitants of this Towne of - providence; doe thankfully acsept of the same; And heereby doe - promise to yield Actiue; or passiue Obeydience to the authority of - established in this Collonye; according to our Charter; and - to all Such wholesome Lawes & Orders, that are or shall be made, by - the major consent of this Towne of Providence; As alsoe not to - clayme any Righte, to the Purchasse of the Said plantation; Nor any - privilidge of Vote in Towne Affaires; untill we shall be received as - free = Men of the said Towne of Providence. [1645.] - - - THE PREAMBLE TO THE LAW AGAINST PERJURY - - Forasmuch as the consciences of sundry men, truly conscionable, may - scruple the giving or the taking of an oath, and it would be nowise - suitable to the nature and constitution of our place, who profess - ourselves to be men of different consciences and not one willing to - force another to debar such as cannot do so, either from bearing - office among us or from giving in testimony in a case depending; be - it enacted by the authority of this present Assembly, that a solemn - profession or testimony in a court of record, or before a judge of - record, shall be accounted, throughout the whole colony, of as full - force as an oath. [1647.] - -This is the more remarkable because at this time the Friends did not yet -as a distinct Society, hold to the unlawfulness of oaths. And it is in -complete concordance with the teachings of Roger Williams. - - Acts and Orders of the Generall Assembly, sitting at Newport, May - the 3, 1665. - - Ordered, that this following shall be the forme for engaging all - officers in this Collony, called to place of publicke concernment, - &c., for the administration of justice, (viz): - - Whereas, you are, A. B., by the free vote of the freemen of this - Collony of Rhode Island and Providence Plantations, &c., called and - chosen vnto the place and office of ——, in the said Collony, &c., - doe sollemly engage true eleageance vnto his Majestye, his heires - and successors, to beare, and in your said office equall justice and - right to doe vnto all persones within this jurisdiction to the - vtmost or best of your skill and ability without partiality, - according to the laws established, or that shall be established in - this said jurisdiction; [according to the Charter as well in matters - military as civill.] And this engagement you make and give vpon the - perill of the penalty of perjury. - - The reciprocall engagement is as follows, ordered to be given by he - that takes or administers the abovesaid engagement. - - I doe, in the name and behalfe of this Collony, &c., re-ingage to - stand by you and to support you by all due assistance and - incouradgment in your performance and execution of your aforesaid - office according to your engagement. - - Ordered, that the forme of engagement aforesaid shall be used vntill - further order; any former order or forme vsed or prescribed to the - contrary, or differing herefrom notwithstanding. [1665.] These forms - were re-enacted in 1677. - -The Commission appointed by the King to assert the rights of the Crown -to the seven New England Colonies, as the first of the propositions of -his Majesty’s will and pleasure in Rhode Island, proposed: - - That all householders inhabiting this Collony take the oath of - alleagence and the administration of justice be in his Majestyes - name. - - Wherevpon, and in a deepsence of his Majestyes most Royall and - wonderful grace and favour more pertickerlerly ... in his letters - pattents ... in which is expresed his ... indulgence extended to - tender consiences, differing in matters of religious worshipe and - conceanments; and more especially in matters of formes of oathes and - cerimonyes or circumstances relating therevnto, ... considering - therein the liberty of concience therein granted. - - The Assembly doe with one consent ... in all cheerfull obediance ... - and therein minding the preveledge granted to tender conciences, doe - in the first place order and declare: that whereas in this Collony - it hath ben alwayes accounted and granted a liberty to such as make - a scruple of swearing and taken an oath, that in stead thereof they - shall engage, under the penalty of false swearing, though they - sweare not in publicke engagement, as well as if they did sweare, - that therefore this most loyall and resonable engagement be given by - all men capable within this jurisdiction for their allegiance to the - King, &c. - - * * * * * - - The forme of which engagement shall be as followeth: - - You, A. B., sollemly and sincearly engage true and faithfull - aleagiance vnto his Majestye Charles the Second, King of England, - his heires and successors, to beare and due obediance vnto the lawes - established, from time to time in this jurisdiction, to yeald vnto - the vtmost of your power, according to the previlidge by his said - Majesty granted, in religioues and civill concearnments to this - Collony in the Charter; which said engagement you make vnder the - perill and penalty of perjury. [1665.] - -They further ordered that “this engagement shall be administered to all -that are already admitted freemen, and that no man shall be admitted a -freeman, and all men that are householders or aged eighteen or more, -shall take the engagement or loose the priviledge of freemen until they -give the engagement premised.” The passage of this law led to a long -agitation by those who thought it to be hard on the consciences by many -whom it rendered incapable from carrying on the affairs of the -corporation. And, in the following year, the Assembly ordered and -declared, “That such as are free in their conscience so to do, give the -Engagement, or if they rather choose to give the oath of allegiance now -required in England, that shall be taken; but if there are some words in -either which, in conscience they cannot condescend to say or use, may in -open court, or before two Magistrates adopt in equivalent words -significant of allegiance and submission to yield obedience actively and -passively, to the laws made by virtue of his Majesty’s authority, he -shall be restored or admitted as freeman, any former law to the contrary -notwithstanding.” - - At a Court held in his Majesty’s name, and under his authority, at - the towne of Westerly, in the King’s Province, the 17th of - September, 1679. - - The inhabitants of Westerly, being by warrant required to appeare at - this Court to give the oath of allegiance to his Majesty, and of - fidellity to his Majesty’s authority for this Collony, these persons - hereunder named appeared and gave oath, viz. [Thirty-three names.] - - The oath given by the above written persons was in these followinge - words: - - I doe truly and sincerely acknowledge, profess, testify and declare - in my conscience before God and the world, that our Soverreign Lord, - King Charles, is lawfull and rightfull King of the Realm of England, - and of all other his dominions and countries; and that the Pope, - neither of himselfe, nor by any authority of the Church, or See of - Rome, or by any other meanes with any other, hath any power or - authority to depose the King, or to dispose of his Majesty’s - kingdoms or dominions, or to authorize any forreigne prince to - invade, or annoy him, or his country, or to discharge any of his - subjects from their allegiance and obedience to his Majesty; or to - give license or leave to any of them to beare armes, raise tumults, - or offer any violence or hurt to his Majesty’s Royall person, State - or Government, or to any of his Majesty’s subjects within his - Majesty’s dominions. Alsoe I doe sweare from my heart, that - notwithstanding any declaration or sentence of ex-communication, or - deprivation, made or granted, or to be made or granted by the Pope - or his successors, or by any authority derived or pretended to be - derived from him or his See against the said King, his heires or - successors, or any absolution of the said subjects from their - obedience, I will beare faith and true allegiance to his Majesty, - his heires and successors, and him and them will defend to the - uttermost of my power against all conspiracies and attempts - whatsoever which shall be made against his or their persons, their - Crowne and dignity, by reason or clause of any such sentence or - declaration or otherwise, and will doe my best endeavour to - disclose, and make knowne unto his Majesty, his heires and - successors, all treasons and traiterous conspiracies, which I shall - know or hear of, to be against him or any of them. And I doe further - sweare that I doe from my heart, abhor, detest and abjure as impious - and herritical, this damnable doctrine and position, that princes - which be excommunicated or deprived by the Pope, may be deposed or - murthered by their subjects, or any other whatsoever. And I doe - believe and in my conscience am resolved, that neither the Pope nor - any person whatsoever, hath power to absolve me of this oath, or any - part thereof, which I acknowledge by good and full authority to bee - ministered unto me; and doe renounce all pardons and dispensations - to the contrary. And all these things I doe plainly and sincerely - acknowledge and sweare according to these express words by me - spoken, according to the plaine and common sense and understandinge - of the same words, without any equivocation or mentall evasion or - secrett reservation whatsoever. And further, I doe here solemnly - engage all true and loyall obedience unto his Majesty’s authority - placed and established in this his Collony of Rhode Island and - Providence Plantations, and King’s Province. And I doe make this - recognition heartily, willingly, and truly, upon the true faith of a - Christian. So help me God. [1679.] - -No further oaths, or engagements, appear until the Administration of Sir -Edmund Andros, in 1686, reduced the Colony to the nature of a County -under his government. - - - - -_In New Hampshire Colony._ - - -As there was no constituted authorities over the patent of New -Hampshire, the Exeter settlers, under the leadership of John -Wheelwright, who had purchased a tract thirty miles square from certain -Indian Sachems in April, 1638, were driven to the expedient of agreeing -upon a voluntary association for governmental purposes. The executive -and judicial functions were vested in a board of three magistrates or -elders, of whom the chief was styled Ruler. They were chosen by the -whole body of freemen, who were the electors and legislators, their -enactments, however, requiring the approval of the Ruler. An inhabitant -had to be admitted a freeman, before he could enjoy the privileges of an -elector. Under this association, an agreement was drawn up by the -Reverend John Wheelwright, their leader, as follows: - - - THE COMBINATION FOR GOVERNMENT AT EXETER, WITH THE FORMS OF OATHS FOR - RULERS AND PEOPLE - - Whereas it hath pleased the lord to moue the heart of our Dread - Soveraigne Charles by the grace of God, King of England, Scotland, - France & Ireland, to grant license & liberty to sundry of his - subjects to plant themselves in the Westerne partes of America: Wee, - his loyall subjects, brethren of the church of Exeter, situate & - lying upon the river of Piscataquacke, wh other inhabitants there, - considering w^{th} ourselves the holy will of god and our owne - necessity, that we should not live w^{th}out wholsome lawes & - government amongst us, of w^{ch} we are altogether destitute; doe in - the name of Christ & in the sight of god combine ourselves together, - to erect & set up amongst us such government as shall be to our best - discerning, agreeable to the will of god, professing ourselves - subjects to our Soveraigne Lord King Charles, according to the - libertys of our English Colony of the Massachusets & binding - ourselves solemnely by the grace & helpe of Christ & in his name & - feare to submit our selves to such godly & Christian laws as are - established in the realme of England to our best knowledge, & to all - other such lawes wch shall upon good grounds be made & inacted - amongst us according to god y^t we may live quietly & peaceably - together in all godliness and honesty. Mon. 5th d., 4th, 1639. [John - Whelewright, and thirty-four others.] - -This was soon found to be unsatisfactory to some other settlers, who -thought its expressions too lavish of loyalty to the King, and, in -consequence, of prelacy; and while they were willing to acknowledge in a -general way his sovereignty, and that they were his subjects, they had -no disposition to make any unnecessary professions of allegiance. -Another compact was then drawn of the same purport, simply acknowledging -the King to be their Sovereign, and themselves his subjects. This was -executed in due form and went into effect as the basis of government. -But it did not bear the test of trial. Curiously, because it did not -contain loyalty enough. And the original Combination was re-executed -with the following explanatory preamble: - - Whereas a certen combination was made by us, the brethren of the - Church of Exeter, with the rest of the Inhabitants, bearing date - Mon. 5th. d. 4, 1639, wh afterwards, upon the instant request of - some of the brethren, was altered, & put into such a forme of - wordes, wherein howsoever we doe acknowledge the King’s Majesty our - dread Sovereigne & ourselves his subjects: yet some expressions are - contained therein wh may seeme to admit of such a sence as somewhat - derogates from that due Allegiance wh we owe to his Highnesse, quite - contrary to our true intents and meanings: We therefore doe revoke, - disannull, make voyd and frustrate the said latter combination, as - if it never had beene done, and doe ratify, confirme and establish - the former, wh wee onely stand as being in force & virtue, the wh - for substance is here set downe in manner and form following. Mon., - 2d d., 2, 1640. - -Both the Elders and the People were required to take certain prescribed -oaths, as follows: - - - THE ELDERS OR RULERS OATH - - You shall sweare by the great and dreadfull Name of the high God - maker & Gov^r of heaven and earth, and by the Lord Jesus Christ y^e - Prince of the Kings and Rulers of the earth that in his name and - feare you will Rule and Governe this people according to the - righteous will of God’s Ministeringe Justice and Judgm^t upon the - workers of iniquity and Ministering due incurreagm^t and Countenance - to well doers protecting of people so farre as in you by the helpe - of God lyeth from forren Annoyance and inward disturbance that they - may live a quiett and peacable life in all godlyness and honesty. - Soe God bee helpful and gratious to you and yo^{rs} in Christ Jesus. - - - THE OATH OF THE PEOPLE - - Wee doe here sweare by the Great and dreadful name of y^e high God, - maker and Gouern^r of Heaven & earth and by the Lord Jesus X y^e - King & Savio^r of his people that in his name & fear we will submitt - o^r selves to be ruld & gouerned by, according to y^e will & Word of - God and such holsome Laws & ordinances as shall be derived theire - from by O^r honr^d Rulers and y^e Lawfull assistance with the - consent of y^e people and y^t wee will be ready to assist them by - the helpe of God in the administration of Justice and p^rservacon of - peace with o^r bodys and goods and best endeavo^{rs} according to - God, so God protect & saue us and O^{rs} in Christ Jesus. [1640.] - - - THE COMBINATION OF THE PEOPLE OF DOVER TO ESTABLISH - A FORM OF GOVERNMENT - - Whereas sundry Mischiefes and inconveniences have befaln us, and - more and greater may in regard of want of Civill Government, his - Gratious Matie haveing hitherto settled no Order for us to our - knowledge: - - Wee whose names are underwritten being inhabitants upon the River - Piscataquack have voluntarily agreed to combine our selves into a - Body Politique that wee may the more comfortably enjoy the benefit - of his Maties Lawes. And do hereby actually ingage our Selves to - Submit to his Royal Maties Lawes together with all such Orders as - shalbee concluded by a Major part of the Freemen of our Society, in - case they bee not repugnant to the Lawes of England and administered - in the behalfe of his Majesty. - - And this wee have mutually promised and concluded to do and so to - continue till his Excellent Matie shall give other Order concerning - us. - - In Witness wee have hereto Set our hands the two & twentieth day of - October in the sixteenth yeare of the Reign of our Sovereign Lord - Charles by the grace of God King of Great Brittain, France & Ireland - Defender of the Faith &c. Annoq Domi, 1640. [John Follett, and - forty-one others.] - -Under these forms the administration of the affairs of Exeter, and -Dover, went on satisfactorily until, together with Hampton and -Portsmouth, they came under the sway of Massachusetts-Bay in 1643; a -part of the price the latter were ready to pay for the extension of -their jurisdiction was that the citizens of the New Hampshire towns were -to be allowed the elective franchise without reference to their being -church members. This arrangement continued under the Laws of -Massachusetts-Bay, as a part of Norfolk County, until New Hampshire -became, in 1680, a Royal Province. - - In the Generall Lawes and Liberties of the Province of New - Hampshire, made by the Generall Assembly in Portsm^o the 16th of - March, 1679/80 and Aproved by the Presid^t and Councill. The - following is given as the status of - - - FREEMEN - - 8. It is ordered by this Assembly and the authority thereof y^t all - Englishmen being Protestants, y^t are settled Inhabitants and - freeholders in any towne of this Province, of y^e age of 24 years, - not viceous in life but of honest and good conversation, and such as - have 201 Rateable estate w^{th}out heads of persons having also - taken the oath of allegiance to his Maj^s, and no others shall be - admitted to y^e liberty of being freemen of this Province, and to - give theire votes for the choice of Deputies for the Generall - Assembly, Constables, Selectmen, Jurors and other officers and - concernes in y^e townes where they dwell; provided this order give - no liberty to any pson or psons to vote in the dispossion or - distribution of any lands, timber or other properties in y^e Towne, - but such as have reall right thereto; and if any difference arise - about s^d right of voting, it shall be judged and determined by y^e - Presid^t and Councill w^{th} the Gen^{ll} Assembly of this Province. - -This Body of Laws when sent to England for Royal approval was -disallowed. - - - - -_In Province or County of Maine._ - - -The Colonization of what is called in the Charter granted by Charles the -First to Sir Ferdinando Gorges in 1639, “The Province or Countie of -Mayne,” presented many difficulties. The extraordinary governmental -powers given to the Lord-Proprietary, which were transmissible with the -property to his heirs and assigns, made of it a vast landed estate in -which there could not be much voluntary co-operation. To assist in its -government a board of Councilors was appointed who before taking office -were required to “take the Oath of Allegiance according to the forme now -used in this his highness’ realme of England, and shall alsoe take the -Oath hereunto subscribed.” - - - OATH OF COUNCILORS OF PROVINCE OF MAYNE - - I do swear and protest before God Allmighty and by the holy contents - of this Book to be a faithfull Servant and Councellor unto Sir - Ferdinando Gorges Knight my Lord of the Province of Mayne, and to - his heirs and assigns, to do and perform to the utmost of my power - all dutiful respects to him or them belonging, concealing their - Councells, and without respect of persons to do, perform and give my - opinion in all causes according to my conscience, and best - understanding both as I am a Councellor for hearing of causes, and - otherwise freely to give him or them my opinion as I am a Councellor - for matters of State or Common-wealths and that I will not conceal - from him or them and their Councell any matter of conspiracy or - mutinous practice against my said Lord and his heirs but will - instantly after my knowledge thereof discover the same, and - prosecute the authors thereof with all diligence and severity - according to Justice, and thereupon do humbly kiss the Book. Taken - September 2, 1639. - -On the death of Sir Ferdinando in 1647, his estate in Maine passed to -his son, John Gorges, who totally neglected his inheritance not even -replying to repeated letters from the Gorges Colonists. - -A Patent for lands on the Kennebeck River had been given to the New -Plymouth Colony in 1629. In 1649, they let the trade upon it for a -period of three years to Governor William Bradford, and four associates. -In 1652, the trade was sold to the same men for three years longer. In -that year, from actual survey, the east line of the Massachusetts-Bay -Colony was found to encroach upon the liberties of the trade sold by and -to the New Plymouth officers; and, in 1653, Thomas Prence was authorized -to summon all and every inhabitant of the Kennebeck country to assemble -and receive from him the instructions of the Plymouth General Court: “1. -That the people should take the Oath of fidelity to the State of -England, and to the government of New Plymouth. 2. That they were to be -made acquainted with the Colony laws, applicable to them, and establish -suitable rules and regulations to guide and govern them in their civil -affairs. 3. None were to be inhabitants there but such as should take -the Oath of Allegiance. 4. None could vote for an Assistant but such as -should take the Oath.” - -The Oath required was in these words: - - You shall be true and faithfull to the State of England, as it is - now established, and whereas you chuse at present to reside within - the government of New Plymouth, you shall not do, or cause to be - done, any act, or acts, directly or indirectly by land or water, - that shall, or may tend to the destruction or overthrow of the whole - or part of this government, that shall be ordered, erected or - established; but shall contrarywise, hinder, oppose, or discover - such intents and purposes, as tend thereunto, to those that are in - place for the time being; that the government may be informed - thereof with all convenient speed; You shall also submitt, and - observe all such good and wholesome laws, ordinances, and officers - as are, or shall be established within the several limits thereof, - So help you God, who is the God of Truth and the punisher of - falsehood. [1653.] - -This action constituted them freemen of Massachusetts, on taking the -Oath, without the prerequisite of church membership. It was followed by -a growing discontent against the chief officers in New Plymouth being -lessees of the trade. The large returns which had been confidently -expected were not being realized, and a jealousy of the people against -those in power, finally led to the sale of the Patent, embracing seven -hundred square miles, to a committee representing the Massachusetts-Bay -Colony, for four hundred pounds. In 1677, after much controversy and -trouble with the heirs, Ferdinando Gorges, a grandson of the -Lord-Proprietary, sold his rights to the Massachusetts-Bay Colony for -one thousand two hundred and fifty pounds sterling, and the Territory of -Maine became a District of Massachusetts down to the year 1820. - - * * * * * - -The power of an Oath is a subject for the Casuist. But, in the brief -period of this paper—less than the span of life the Psalmist gives to -man—we have seen an Oath throne and dethrone monarchs; build up and -destroy flourishing Commonwealths; make and unmake Statehoods; be a -guarantee of peace, and an incentive for war. Who, under these -conflicting conditions, can measure their influence but Him in whose -name and power they are made! - - - - ------------------------------------------------------------------------- - - - - -Transcriber’s note: - - 1. Spelling in oaths or quoted sections is uncorrected. - - 2. Silently corrected typographical errors. - - 3. 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You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - - - - -Title: Oaths of Allegiance in Colonial New England - - -Author: Charles Evans - - - -Release Date: December 31, 2016 [eBook #53843] - -Language: English - -Character set encoding: ISO-8859-1 - - -***START OF THE PROJECT GUTENBERG EBOOK OATHS OF ALLEGIANCE IN COLONIAL -NEW ENGLAND*** - - -E-text prepared by Richard Tonsing and the Online Distributed Proofreading -Team (http://www.pgdp.net) from page images generously made available by -Internet Archive (https://archive.org) - - - -Note: Project Gutenberg also has an HTML version of this - file which includes the original illustrations. - See 53843-h.htm or 53843-h.zip: - (http://www.gutenberg.org/files/53843/53843-h/53843-h.htm) - or - (http://www.gutenberg.org/files/53843/53843-h.zip) - - - Images of the original pages are available through - Internet Archive. See - https://archive.org/details/oathsofallegianc00evan - - -Transcriber's note: - - Text enclosed by underscores is in italics (_italics_). - - Text enclosed by plus signs has been inserted (+inserted+). - - Text enclosed by equal signs was struck through - (=struck through=). - - A carat character is used to denote superscription. A - single character following the carat is superscripted - (example: y^e). Multiple superscripted characters are - enclosed by curly brackets (example: w^{th}). - - - - - -American Antiquarian Society - -OATHS OF ALLEGIANCE IN COLONIAL NEW ENGLAND - -by - -CHARLES EVANS - - - -Reprinted from the Proceedings of the American Antiquarian Society -for October, 1921 - - - - - - - -Worcester, Massachusetts, U.S.A. -Published by the Society -1922 - -The Davis Press -Worcester, Massachusetts - - - - -CONTENTS - - In England. - The Oath of Supremacy - Tenor of The Oath of Allegiance, &c. to be Taken and - Subscribed by Recusants - The Oath of Abjuration - In New Plymouth Colony. - Combination for Foundation of Government known as The - Mayflower Compact - Oath of Allegiance and Fidelity - The Oath of a Ffreeman - The Oath of a Resident - The Oath of a Ffreeman - The Oath of a Ffreeman - In Massachusetts-Bay Colony. - The Oath of a Freeman, or of a Man to be made ffree. - The Oath of Residents - The Oath of a Freeman - The Oath of a Free-man - Freemans Oath - Freemans Oath - Oath of Fidelitie - Oath of Fidelitie - Strangers Oath - Oath of Fidelitie - Freemans Oath - In Connecticut and New Haven Colonies. - An Oath for Paqua' and the Plantations there - The Oath of a Freeman - In New Haven Colony. - Freeman's Charge - Oath of Fidelity - Oath of Allegiance - In Rhode Island and Providence Plantations. - Civil Compact - Second Civil Compact - The Engagement of the Officers - The Reciprocal Engagement of the State to ye Officers - The Preamble to the Law Against Perjury - In New Hampshire Colony. - The Combination for Government at Exeter, with the Forms - of Oaths for Rulers and People - The Elders or Rulers Oath - The Oath of the People - The Combination of the People of Dover to Establish a Form - of Government - Freemen - In Province or County of Maine. - Oath of Councilors of Province of Mayne - - - - - OATHS OF ALLEGIANCE IN COLONIAL NEW ENGLAND - - -The antiquity of the custom of giving and taking Oaths, or the debatable -questions of their observance being a religious or legal ceremony, and -whether the moral or political aspect has the greater effect upon the -minds of men, are subjects with which this paper has nothing to do. - -And as the substance of Oaths for particular officers is to engage them -to a faithful discharge of their places and trusts to the best of their -ability, it has been considered, in general, unnecessary to give them, -especially as these offices carry with them the assumption that the -general Oaths required of all citizens have first been complied with. No -Oaths of office were administered or required in the New Plymouth -Colony, the power of the Church being, in effect, superior to the civil -power. - -For the main purpose of this paper it will not be necessary to go -further back in history than to the reign of James the First, of -England, 1603-1625, during which time the providences of God directed -the course of the voyage of the Pilgrims away from the Colony of -Virginia to their settlement at Plymouth in New England, in December, -1620; or to carry the subject beyond the time, in the short-lived reign -of James the Second, 1685-1689, when, in December, 1686, Sir Edmund -Andros, knight, arrived in Boston with a commission to govern New -England, and the Colonial period of New England came to an end. - - - - -_In England._ - - -When Henry the Eighth renounced the authority of the Pope, in 1534, an -Act of Parliament was obtained declaring him the only supreme head of -the Church in England on the earth; and utterly abolishing the authority -of the Roman Pontiff within the British Dominions. To give effect to -this Act there was further enacted: - - - THE OATH OF SUPREMACY - - I, A. B. do utterly testifie and declare in my Conscience, that the - Kings Highness is the only Supream Governour of this Realm, and of - all other His Highness Dominions and Countries, as well in all - Spiritual and Ecclesiastical things (or causes) as Temporal: And - that no Forraign Prince, Person, Prelate, State, or Potentate, hath, - or ought to have any jurisdiction, power, superiority, preheminence - or authority, Ecclesiastical or Spiritual within this Realm: and - therefore I do utterly renounce and forsake all forreign - jurisdiction, powers, superioritie, and authorities, and do promise - that from henceforth I shall bear Faith and true Allegiance to the - Kings Highness, His Heirs and lawful Successors, and (to my power) - shall assist and defend all jurisdiction, priviledge, preheminence, - & authority granted or belonging to the Kings Highness, His Heirs - and Successors, and united and annexed to the imperial Crown of the - Realm. So help me God, _&c._ - -The Act of Supremacy which broke the power of the Roman Catholic Church -in England, under Henry the Eighth, and his successor, Edward the Sixth, -was repealed under Mary Tudor, and revived under Elizabeth, in 1558. -Following the Gunpowder Plot, James the First, in 1605, had enacted an -Oath of Allegiance, also, which all British subjects were required to -take. This Oath of "submission and obedience to the King as a temporal -Sovereign, independent of any other power upon earth" contained no -acknowledgment of the King as the head of the Church, and, by this -omission, Roman Catholics could take it without denying the supremacy of -the Pope in spiritual affairs: - - - TENOR OF THE OATH OF ALLEGIANCE, &C. TO BE TAKEN AND SUBSCRIBED BY - RECUSANTS - - I. A.B. doe truely and sincerely acknowledge pfesse testifie and - declare in my Conscience before God and the Worlde, That our - Soveraigne Lorde Kinge James is lawfull and rightfull King of this - Realme and of all other his Majesties Dominions and Countries; And - that the Pope, neither of himselfe nor by any Authority of the - Churche or Sea of Rome, or by any other meanes with any other, hath - any Power or Authoritye to depose the King or to dispose any of his - Majesties Kingdomes or Dominions, or to authorize any Forraigne - Prince to invade or annoy hym or his Countries, or to discharge any - of his Subjects of their Allegiaunce and Obedience to his Majestie, - or to give Licence or Leave to any of them to beare Armes raise - Tumult or to offer any violence or hurte to his Majestie Royall Pson - State or Government or to any of his Majesties Subjects within his - Majesties Dominions. Also I doe sweare from my heart, that - notwithstanding any Declaracon or Sentence of Excommunicacon or - Deprivacon made or graunted or to be made or graunted by the Pope or - his Successors, or by any Authoritie derived or ptended to be - derived from hym or his Sea against the saide King his Heires or - Successors, or any Absolution of the saide Subjects from theire - Obedience; I will beare Faithe and true Allegiaunce to his Majestie - his Heires and Successors, and hym or them will defend to the - uttermost of my power against all Conspiracies and Attempts - whatsoever which shalbe made against his or theire persons theire - Crowne and Dignitie by reason or colour of any such Sentence or - Declaracon or otherwise, and will doe my best endevour to disclose - and make knowen unto his Majestie his Heires and Successors all - Treasons and traiterous Conspiracies which I shall knowe or heare of - to be against hym or any of them. And I doe further sweare, That I - doe from my heart abhor, detest and abjure as impious and hereticall - this damnable Doctrine and Position, that Princes which be - excomunicated or deprived by the Pope may be deposed or murthered by - theire Subjects or any other whosoever. And I doe beleeve and in my - Conscience am resolved, that neither the Pope nor any pson - whatsoever hath power to absolve me of this Oath or any parte - therof, which I acknowledge by good and full Authoritye to be - lawfully ministered unto mee, and doe renounce all Pardons and - Dispensacons to the contrarie; And all these things I do plainly and - sincerely acknowledge and sweare, according to these expresse wordes - by me spoken, and according to the playne and comon sense and - understanding of the same wordes, without any equivocacon or mentall - evasion or secret reservacon whatsoever; And I doe make this - recognicon and acknowledgment heartily willingly and truly upon the - true Faithe of a Christian: So help me God. Unto which Oath so - taken, the saide pson shall subscribe his or her Name or Marke. - [1605.] - -Both of these Oaths were commanded during the reign of Charles the -First, 1625-1649. - -By the third Charter of the Virginia Company, their Treasurer, or any -two of the Council, were empowered to administer the Oaths of Supremacy, -and of Allegiance, to all persons going to their Colony. And the -Pilgrims, through their chief men, agreed with the Virginia Company: -"The Oath of Supremacy we shall willingly take, if it be required of us, -if that convenient satisfaction be not given by our taking the Oath of -Allegiance. John Robinson. William Brewster." - -The Charter of the Massachusetts-Bay Company gave them broader powers in -that it did not exact this provision from them but gave the Company -liberty to admit new members, called "Freemen" of the Company, and no -method, conditions, or qualifications were presented for conferring this -privilege. Their leaders, as we shall see, were quick to take advantage -of the opportunity given them to frame their own Oaths of citizenship. -Too late the government in England, or rather that part which was -representative of the Church of England, realized the powers of -colonization this gave the dissenting churchmen; and, in 1637, a -Proclamation was issued, aimed principally to prevent the emigration of -Puritan Ministers, which commanded that none should be suffered to go to -New England "without a certificate that they had taken the Oaths of -Supremacy and Allegiance, and had conformed to the discipline of the -Church of England." In 1638, another Proclamation "commanded owners and -masters of vessels that they do not fit out any with passengers and -provisions to New-England, without license from the Commissioners of -Plantations." - -Another Oath, drawn up in England, also claims a place here because it -was sometimes voluntarily taken by settlers in the New England Colonies. -In the year 1655, during the Protectorate of Oliver Cromwell, an Oath, -probably similar to that prescribed by the Rump Parliament to the -Council of State, was enacted which was known as: - - - THE OATH OF ABJURATION - - I do hereby swear that I do renounce the pretended title of Charles - Stuart, and the whole line of the late King James; and of any other - person, as a single person pretending, or which shall pretend to the - crown or government of these nations of England Scotland and - Ireland, or any of them; and that I will, by the grace and - assistance of Almighty God, be true, faithful and constant to the - Parliament, and Commonwealth; and will oppose the bringing in, or - setting up any single person or House of Lords, and every - of them, in this Commonwealth. - -Soon after the Restoration, Charles the Second, by Proclamation -commanded that the Oaths of Supremacy and Allegiance be tendered to all -persons disaffected to the Government and, in case of refusal, that they -were to be prosecuted under the Statute of the 7th of James. During the -reign of his Roman Catholic successor, James the Second, the Oath of -Supremacy was allowed to lapse, and the Oath of Allegiance, only, was in -full force in the Colonies, up to the publication of his declaration of -liberty of conscience for all denominations in England and Scotland, in -1687-1688, which sealed his doom. - -These preliminaries are necessary to a full understanding of our subject -which naturally begins, in point of time, with the settlement - - - - -_In New Plymouth Colony._ - - -Strictly speaking, Plymouth was not a New England Colony. It was without -a Charter, and the functions of its government were those of a -Corporation. The power of the Oath of Allegiance their leaders had -assented to always seemed to hang over them, and paralyze the initiative -they should have taken. Their attempts to increase their circumscribed -boundaries at New Plymouth were futile; and, in the case of their -attempted settlement in Maine, disastrous both to the business -reputation of their leaders, and to the Corporation. They could spare -neither the men nor the means from the parent settlement to form -permanent settlements elsewhere. They seemed doomed to failure. And yet -hardly that, when we consider the impress upon our Nation made by their -sterling qualities of mind and heart, their patience and fortitude under -severe trials, the hopes and ambition of their teachings, and their -never-failing trust in God's Providence. These high qualities still -animate and live in the great and growing number who proudly claim their -ancestry from the Pilgrims at New Plymouth. - - - COMBINATION FOR FOUNDATION OF GOVERNMENT - known as - THE MAYFLOWER COMPACT - - In y^e name of God, Amen. We whose names are underwriten, the loyall - subjects of our dread soveraigne Lord, King James, by y^e grace of - God, of Great Britaine, Franc, & Ireland, king, defender of y^e - faith, &c. haveing undertaken, for y^e glorie of God, and - advancement of y^e Christian faith, and honour of our king and - countrie, a voyage to plant y^e first colonie in y^e Northerne parts - of Virginia, doe by these presents solemnly & mutualy in y^e - presence of God, and one of another, covenant & combine our selves - togeather into a civill body politick, for our better ordering & - preservation & furtherance of y^e ends aforesaid; and by vertue - hearof to enacte, constitute, and frame such just & equall lawes, - ordinances, acts, constitutions, & offices, from time to time, as - shall be thought most meete & convenient for y^e generall good of - y^e Colonie, unto which we promise all due submission and obedience. - In witnes wherof we have hereunder subscribed our names at Cap-Codd - y^e 11 of November, in y^e year of y^e raigne of our soveraigne - lord, King James, of England, France, & Ireland y^e eighteenth, and - of Scotland y^e fiftie fourth. An^o: Dom. 1620. [Forty-one names.] - -The Mayflower Compact has received full and adequate treatment in the -paper read before this Society in October, 1920, by Arthur Lord, LL.D. - -The exact date of the two forms of Oaths first given has not been -determined, but they are certainly later than the formation of the first -Council in 1624. - - - OATH OF ALLEGIANCE AND FIDELITY - - The forme of Oath ... which liue in this Colonie ... the Oth of - alegance to his maj ... fidelity to the same. - - You shall sweare by the name of the Great God ... & earth & in his - holy fear, & presence that you shall not speake, or doe, deuise, or - aduise, anything or things, acte or acts, directly, or indirectly, - By land, or water, that doth, shall, or may, tend to the destruction - or ouerthrowe of this present plantation, Colonie, or Corporation of - this towne Plimouth in New England. - - Neither shall you suffer the same to be spoken, or done, but shall - hinder, & oposse the same, by all due means you can. - - You shall not enter into any league, treaty, Confederac or - combination, with any, within the said Colonie or without the same - that shall plote, or contriue any thing to the hurte, & ruine of the - growth, and good of the said plantation. - - You shall not consente to any shuch confederation, nor conceale any - known vnto you certainly, or by conje but shall forthwith manifest & - make knowne the same, to the Gouernours of this said towne for the - time being. - - And this you promise & swear, simply, & truly, & faithfully to - performe as a true christian [you hope for help from God, the God of - truth & punisher of falshoode.] - - The forme of the Oath which ... of the Gouernour, & Counsell at - euery Election of any of them. - - You shall swear, according to that wisdom, and measure of discerning - giuen vnto you; faithfully, equally & indifrently without respect of - persons; to administer Justice, in all causes coming before you. And - shall labor, to aduance, & furder the good of this Colony, & - plantation, to the vtmost of your power; and oppose any thing that - may hinder the same. So help you God. - -The words, "a true Christian" were afterwards crossed out, and the form -used later: "as you hope for help from God, the God of truth and -punisher of falsehood" was substituted. - -By the Laws of 1636, every freeman was required to take the following -Oath: - - - THE OATH OF A FFREEMAN - - You shall be truly loyall to our Sov Lord King Charles, his heires & - successors, [the State & Govern^t of England as it now stands.] You - shall not speake or doe, devise or advise any thing or things act or - acts directly or indirectly by land or water, that doth shall or may - tend to the destruccon or overthrow of this prnt plantacons Colonies - or Corporacon of New Plymouth, Neither shall you suffer the same to - be spoken or done but shall hinder oppose & discover the same to the - Govr & Assistants of the said Colony for the time being or some one - of them. You shall faithfully submit unto such good & wholesome laws - & ordnanc & as either are or shall be made for the ordering & - governm^t of the same, and shall endeavor to advance the growth & - good of the severall Colonies plantations w^{th} in the limit & of - this Corporacon by all due meanes & courses. All w^{ch} you promise - & sweare by the name of the great God of heaven & earth simply truly - & faithfully to pforme as you hope for help fro God who is the God - of truth & punisher of falsehood. [1636] - -Following the outbreak of civil war in England in 1638, the words "our -sovereign lord King Charles his heirs and successors" were erased, and -loyalty to "the State and Government of England as it now stands" -substituted. The modern rendering intermixed is probably an attempt by -the transcriber to fill out missing or undecipherable paragraphs or -sentences. - -According to Francis Baylies' "Historical Memoir of New Plymouth," (I: -235,) the following Oath was prescribed to be taken by any residing in -the government of New Plymouth: - - - THE OATH OF A RESIDENT - - You shall be truly loyal to our sovereign lord King Charles, his - heirs and successors, and whereas you choose at present to reside - within the government of New Plymouth, you shall not do or cause to - be done any act or acts directly or indirectly, by land or water, - that shall tend to the destruction or overthrow of the whole or any - of the several plantations or townships within the said government - that are or shall be orderly erected or established, but shall - contrariwise hinder, oppose, and discover the same, and such intents - and purposes as tend thereunto, to the Governor for the time being, - or some one of the assistants with all convenient speed. You shall - also submit unto and obey all such good and wholesome laws, - ordinances, and offices as are or shall be established within the - limits thereof. So help you God. [1636.] - -The disturbed state of England is also reflected in the 1658 revision of -the Laws when "our sovereign lord the King, his heirs and successors" is -substituted for "the present State and Government of England," as -follows: - - - THE OATH OF A FFREEMAN - - You shalbee truely Loyall to the present State and Goument of - England [our Sou^r Lord the King his heires and Successors.] You - shall not speake or doe deuise or aduise Any thinge or thinges Acte - or Actes directly or Indirectly by Land or Water that doth shall or - may tend to the destruction or ouerthrow of these present - plantations or Townshipes of the Corporation of New Plymouth neither - shall you suffer the same to bee spoken or done but shall hinder - oppose and discouer the same to the Gou^r And Assistants of the said - Collonie for the time being; or some one of them; you shall - faithfully submitt vnto such good and wholesome Lawes and ordinances - as either are or shalbee made for the ordering and Gou^rment of the - same; and shall Indeuor to aduance the grouth and good of the - seuerall townshipes and plantations within the Lymetts of this - Corporation by all due meanes and courses; All which you pmise and - Sweare by the Name of the great God of heauen and earth simply - truely and faithfully to pforme as you hope for healp from God who - is the God of truth and the punisher of falchood. [1658.] - -At the time of the 1671 revision of the Laws, Charles the Second had -been firmly seated on the English throne for ten years, but his name is -omitted from the superscription of the following Oath. The intensity of -the feeling in the New England Colonies towards even the name of the two -kings is shown in the fact that until after the middle of the next -century Harvard College had only three graduates, if the three Charles -Chaunceys, with whom it was a family name in England, are omitted, and -Yale College only one graduate who bore the Christian name of Charles. - - - THE OATH OF A FFREEMAN - - You shalbee truely Loyall to our Sou^r Lord the Kinge his heires and - Successors; you shall not doe nor speake deuise or aduise any thinge - or thinges act or actes directly or Inderectly by Land or water; - that shall or may tend to the destruction or ouerthrow of any of - these plantations or towneshipes of the Corporation of New Plymouth; - neither shall you suffer the same to bee spoken or done but shall - hinder oppose and discouer the same to the Gou^r and Assistants of - the said Collonie for the time being or some one of them; you shall - faithfully submitt vnto such good and wholesome lawes and - ordinances; as either are or shalbee made for the ordering and - Gou^rment of the same; and shall endeauor to advance the good and - grouth of the seuerall Towneshipes and plantations within the - Lymetts of this Corporation by all due meanes and courses; all which - you p^rmise and sweare by the Name of the great God of heauen and - earth simply truely and faithfully to pforme as you hope for healpe - from God whoe is the God of truth and the punisher of ffalchood. - [1671.] - - - - -_In Massachusetts-Bay Colony._ - - -When on the 4th of March 1628/9, Charles, "by the grace of God, Kinge of -England, Scotland, Fraunce, and Ireland, Defender of the Fayth, &c. in -the fourth yeare of our raigne" did by letters patent grant unto Sir -Henry Rosewell and his twenty-five associates, their heirs and assigns -forever, all that certain part of the grant of New England which his -"deare and royall father, Kinge James of blessed memory ... hath given -and graunted vnto the Counsell established at Plymouth in the County of -Devon" and which the said Council by deed dated the 19th of March, -1627/8, had "given, graunted, bargained, soulde, enfeoffed, aliened and -confirmed" to Sir Henry Rosewell, Sir John Young, Knightes, Thomas -Southcott, John Humphrey, John Endecott and Symon Whetcombe, their heirs -and associates forever, "To be houlden of vs our heires and successors, -as of our manor of Eastgreenewich, in the County of Kent, within our -realme of England," under the name of the "Governor and Company of the -Mattachusetts Bay in Newe England, one bodie politique and corporate in -deede, fact, and name, ... and that by that name they shall have -perpetuall succession,"--may acquire lands, &c. have a common seal; and -that there shall be one Governor, one Deputy Governor, and eighteen -assistants to be chosen out of the freemen. He went farther, and -constituted "our welbeloved Mathewe Cradocke to be the first and present -Governor; Thomas Goffe to be Deputy Governor, and eighteen of the other -associates to be Assistants, who before they undertake the execution of -their offices and places shall respectively take their corporal oaths -for the faithful performance of their duties." The Oath for Matthew -Craddock, as Governor, to be administered by a Master of the Chancery, -the Governor was then empowered to administer the oaths to the Deputy -Governor and Assistants nominated in the Charter. Oaths to subsequent -officers being arranged: the new Governor to take the Oath before the -old Deputy Governor, or two Assistants; and the new Deputy Governor, -Assistants and all other officers hereafter chosen to take the oath -before the Governor for the time being. They were empowered to transport -any of our loving subjects, or any strangers willing to become our -loving subjects, and any seven at least of their number had "full power -and authoritie to choose, nominate, and appointe such and soe many -others as they shall thinke fitt, and that shall be willing to accept -the same, to be free of the said Company and Body, and Them into the -same to admitt." All subjects inhabiting the lands granted, and their -children "which shall happen to be borne there, or on the seas in goeing -thither, or retorning from thence shall have and enjoy all liberties and -immunities of free and natural subjects, ... as yf they and everie of -them were borne within the realme of England." And the Governor and -Deputy Governor, and any two or more of the Assistants, at any of their -Courts or Assemblys shall and may at all times have full power to give -the Oath of Office and Oaths of Supremacy and Allegiance, or either of -them, to every person who may go to New England to inhabit in the same. -They were also authorized to make "the formes of such Oathes warrantable -by the lawes and statutes of this our realme of England as shalbe -respectivelie ministered vnto them, for the execucon of the said -severall offices and places ... and ministring the said oathes to the -newe elected officers." - -At the end of the Charter appeared the Oath of Governor: - - PRDICT, Matthaeus Cradocke Juratus est de Fide et Obedienti Regi - et Successoribus suis, et de Debit Exequutione Officij Gubernatoris - iuxta Tenorem P^r sentium, 18^o Martij, 1628. Coram me, Carola - Csare, Milite, in Cancellari Mro. - - Char. Csar. - -By this Charter, under the privy seal of Cardinal Wolseley, was, -unwittingly, planted the seed of the fairest flower that ever bloomed in -the garden of colonization since Eden. - -Up to August, 1630, the business of the Massachusetts-Bay Company was -transacted in London. But the business of the Massachusetts-Bay Colony -may be said to have really begun in May, 1631. - -At "A Gen^rall Court holden att Boston, the 18th day of May, 1631. John -Winthrop, Esq was chosen Goun^r for a whole yeare nexte ensueinge by the -gen^rall consent of the Court, according to the meaneing of the pattent, -and did accordingly take an oathe to the place of Goun^r belonginge." - -"Tho: Dudley, Esq, is also chosen Deputy Goun^r for this yeare nexte -ensuing, & did in p^rsence of the Court take an oath to his place -belonginge." And "to the end the body of the comons may be p^rserued of -honest & good men, it was likewise ordered and agreed that for time to -come noe man shalbe admitted to the freedome of this body polliticke, -but such as are members of some of the churches within the lymitts of -the same." - -The Law that all freemen must be church members, while assented to in -Salem in 1631, was modified in 1632, probably for local reasons, that no -civil magistrate could be an elder in the church. - -To give force to this law an Oath of Freemen was required, and this -service the newly appointed Governor and the Deputy Governor elected to -perform. The result of their labors, the original draft of the Oath of a -Freeman, in the handwriting of the first and greatest of the Governors -of the Commonwealth of Massachusetts, and the Oath of a Servant, in the -handwriting of the second Governor--a document perhaps only surpassed in -historical interest and importance by, and worthy to rank with, the -Declaration of Independence--is now, appropriately, in the possession of -the Public Library of the City of Boston, and its preservation assured. - -Through the courtesy of the Trustees, this Society is permitted again to -give publicity to the excellent facsimiles of these interesting -documents, together with transcriptions of the somewhat obscure -handwriting, with interlineations and cancelled words showing, line for -line, the changes made by the authors, which first appeared in the -_Bulletin_ of the Library for July, 1894. - - - THE OATH OF A FREEMAN, OR OF A MAN TO BE MADE FFREE. - - I, A. B. &c. being, by the Almighties most wise disposicon, become a - memb^r of this body, consisting of the Goun^r, Deputy Goun^r, - Assistants, & a com^nlty of the Mattachusets in Newe England, doe, - freely & sincerely acknowledge that I am iustly & lawfully subject - to the goum^t of the same, & doe accordingly submitt my pson & - estate to be ptected, ordered, & gouned by the lawes & constitucons - thereof, & doe faithfully pmise to be from time to time obedient & - conformeable therevnto, & to the authie of the said Goun^r & - Assistants & their success^rs, & to all such lawes, orders, - sentences, & decrees as shalbe lawfully made & published by them or - their successors; and I will alwaies indeav^r (as in dutie I am - bound) to advance the peace & wellfaire of this bodie or comonwealth - to my vtmost skill & abilitie; & I will, to my best power & meanes, - seeke to devert & prevent whatsoeuer may tend to the ruyne or damage - thereof, or of any the said Goun^r, Deputy Goun^r, or Assistants, or - any of them, or their success^rs, and will giue speedy notice to - them, or some of them, of any sedicon, violence, treachery, or other - hurt or euill which I shall knowe, heare, or vehem^tly suspecte to - be plotted or intended against the said comonwealth, or the said - goum^t established; and I will not att any time suffer or giue - consent to any counsell or attempt that shalbe offered giuen, or - attempted for the impeachm^t of the said goum^t, or makeing any - change or alteracon of the same, contrary to the lawes & ordinances - thereof, but shall doe my vtmost endeav^r to discover, oppose, & - hinder, all & euy such counsell & attempts. Soe helpe me God. - [1631.] - -[Illustration: - - Fac-simile of the Freemen's Oath - - - The oath of a serv^t. - - I. N. N. serv^t of &c. haveinge heard and vnderstoode that - our--soveraigne Lord Kinge Charles hath by his lres patents vnder - the great seale of England graunted power and aucthoryty vnto a - Governo^r a Deputy Governo^r &. 18. Assistants to rule governe & - Judge all psones wch doe or shall inhabyte =in or= - betweene =the= Charles ryver &. 3. myles southward & - merimack ryver &. 3. myles northwards in new England & soe - westwards to the south sea, =beinge= wthin wch - =compa= lymitts I doe nowe--inhabyt - - Doe promise =to be= at all tymes hereafter Dureinge my - abode in America +to be+ obedyent to all lawes orders - constitutions & comaunds wch by the =s b= said Governo^r - Deputy Governo^r and assistants +for the tyme being+ or - the greater pte of them shall be +lawfully+ made or - given--forth & shall come to my =k= heareinge, And to be - true and faith full to them & their governemt, And I likewise - promise that if I shall know +heare of =or heare of= - or suspect+ =of= any hurt or losse intended against - any of them I will reveale the same to one or more of them wth all - convenyent--speede, And to bind my selfe to the faithfull - pformance of this promise, I sweare by the name of the onely true - God the lover of truth & the avenger of falshood] - -[Illustration: - - The oath of a man +free or+ to be made free. - - I. N. N. vt supra. and +=being=+ =having - likewise heard and vnderstoode= said. N.N. =of= - being now by the said Governo^r & assistants to be made a free man - of the said plantacon & +thereby enabled+ to have a voice - in the choise of the said. 20. Deputed psones soe aucthorised as - aforesaid as =the sai= any of their places are or shalbe - voide =and I shalbe therevnto called in a lawfull assembly, - doe hereby promise vt supra= I doe promise that =when I - s= at all tymes when I shalbe there vnto lawfully called by - the said Governem^t, to give my voice for the electing of such - psone =therevnto= & psones vnto such voide places as I - =the= shall =und= thinke to be =the wisest - godliest & ablest for the discharg= men of wisedome & - courage--feareinge God & hateing covetousnes all ptyalyty =& - by= sett aside, and to bind &c vt supra.] - -[Illustration: - - The Oath of ffreemen: - - I A: B: &c: =beinge= beinge by the Allmightyes most wise - despositio become a member of this bodye consisting of the - Governor +Deputye+ Assistants & Comonalty of the - Mattachusetts in n: e: doe freely & sincerely acknowledge that I - am iustlye & lawfully subiect to the Goverment =there= of - the same +=both Civill & Ecclesiasticall=+ & doe - accordingly submitt my pson & estate to be protected ordered & - governed by the Lawes & Constitutns therof: & doe faithfully - promise to be from tyme to tyme obedient & conformable therevnto, - & to the Authe of the sd Governor & Assistants & their successors, - & to all such Lawes orders sentences & decrees as shalbe - +lawfully+ made & published by them or their successors. - And I will allwayes endeavo^r (as in dutye I am bounde) to advance - the peace & wellfare of this bodye or Com: w: to my vttmost - =power= +skill & ability.+ =&= And I - will to my =vtmost power= best =ability= power & - meanes seeke to deverte & prevent whatsoever may tende to the - ruyne or damage thereof or of any the sd Governor Deputy Governor - =&= +or+ Assistants or any of them or their - successors: & will give spedye notice to them or some of them of - any =evill= seditio, violence, treacherye or other hurt - or evill, wch I shall knowe, heare, or vehemently suspecte to be - =intended or= plotted or intended ag^t them =sd= - or ag^t the said =Goverment= Com: w: or the sd Goverm - established: - - And I will not at any tyme suffer or give Consent to any Counsell or - Attempt that shalbe offered =or= given or Attempted for - the impeachment of the sd Goverment or makinge any change or - Alteratio of the same, contrary to the Lawes & =Customes= - ordinances =of the same= thereof, but shall doe my vtmost - endeavo^r to discover & oppose & hier all & everye such Counsells] - - * * * * * - - Att a Gen^rall Court, holden att Newe Towne [Cambridge]. March 4th, - 1634. - - It is further ordered that euy man of or above the age of sixteene - yeares, whoe hath bene, or shall hereafter be, resident within this - iurisdiccon by the space of sixe monethes, (as well servants as - others,) & not infranchized, shall take the oath of residents before - the Goun^r, Deputy Goun^r, or two of the nexte Assistants, whoe - shall haue power to convent him for that purpose, & vpon his - refuseall, to binde him ouer to the nexte Court of Assistants, & - vpon his refuseall the second tyme, to be punished att the discrecon - of the Court. - - It is ordered that the ffreemens oath shalbe gyven to euy man of or - above the age of 16 yeares, the clause for the eleccon of - magistrates onely excepted. - - * * * * * - - At A Court holden att Boston, Aprill 1th, 1634. - - It was further ordered, that euy man of or above the age of twenty - yeares, whoe hath bene or shall hereafter be resident within this - jurisdiccon by the space of sixe monethes, as an householder or - soiorner, and not infranchised, shall take the oath herevnder - written, before the Goun^r, or Deputy Goun^r, or some two of the - nexte Assistants, whoe shall haue power to convent him for that - purpose, and vpon his refuseall, to binde him ouer to the nexte - Court of Assistants; and vpon his refuseall the second tyme, hee - shalbe banished, except the Court shall see cause to giue him - further respite. - - - THE OATH OF RESIDENTS - - I doe heare sweare, and call God to witnes, that, being nowe an - inhabitant within the lymitts of this juridiccon of the - Massachusetts, I doe acknowledge myselfe lawfully subject to the - aucthoritie and gouerm^t there established, and doe accordingly - submitt my pson, family, and estate, to be ptected, ordered, & - gouerned by the lawes & constitucons thereof, and doe faithfully - pmise to be from time to time obedient and conformeable therevnto, - and to the aucthoritie of the Goun^r, and all other the Magistrates - there, and their success^rs, and to all such lawes, orders, - sentences, & decrees, as nowe are or hereafter shalbe lawfully made, - decreed, & published by them or their success^rs. And I will alwayes - indeav^r (as in duty I am bound) to advance the peace & wellfaire of - this body pollitique, and I will (to my best power & meanes) seeke - to devert & prevent whatsoeuer may tende to the ruine or damage - thereof, or of y^e Goun^r, Deputy Goun^r, or Assistants, or any of - them or their success^{rs}, and will giue speedy notice to them, or - some of them, of any sedicon, violence, treacherie, or oth^r hurte - or euill w^{ch} I shall knowe, heare, or vehemently suspect to be - plotted or intended against them or any of them, or against the said - Comon-wealth or goum^t established. Soe helpe mee God. [1634.] - - * * * * * - - Att a Gen^rall Courte, holden att Boston, May 14th, 1634. - - It was agreed & ordered, that the former oath of ffreemen shalbe - revoked, soe farr as it is dissonant from the oath of ffreemen - herevnder written, & that those that receaved the former oath shall - stand bound noe further thereby, to any intent or purpose, then this - newe oath tyes those that nowe takes y^e same. - - - THE OATH OF A FREEMAN - - I, A. B., being, by Gods providence, an inhabitant & ffreeman within - the jurisdiccon of this comonweale, doe freely acknowledge my selfe - to be subiect to the goverm^t thereof, & therefore doe heere sweare, - by the greate & dreadfull name of the euerlyveing God, that I wilbe - true & faithfull to the same, & will accordingly yeilde assistance & - support therevnto, with my pson & estate, as in equity I am bound, & - will also truely indeav^r to mainetaine & preserue all the libertyes - & previlidges thereof, submitting my selfe to the wholesome lawes & - orders made & established by the same; and furth^r, that I will not - plott nor practise any evill against it, nor consent to any that - shall soe doe, but will timely discover & reveale the same to - lawfull aucthority nowe here established, for the speedy preventing - thereof. Moreouer, I doe solemnely binde myselfe, in the sight of - God, that when I shalbe called to giue my voice touching any such - matter of this state, wherein ffreemen are to deale I will giue my - vote & suffrage, as I shall iudge in myne owne conscience may best - conduce & tend to the publique weale of the body, without respect of - psons, or fav^r of any man. Soe helpe mee God in the Lord Jesus - Christ. [1634.] - - Further, it is agreed that none but the Gen all Court hath power to - chuse and admitt freemen. - -[Illustration: - - FAC-SIMILE OF ORIGINAL MANUSCRIPT RECORD - - In the Handwriting of Secretary Simon Bradstreet - last Colonial Governor of Massachusetts Bay] - -The text of the Oath given above is that given in the body of the Colony -Records, in the handwriting of Simon Bradstreet, the Secretary, and -differs only in the spelling of words from that of the transcriber (who -may have been Secretary Bradstreet himself) of the copy in the -Miscellaneous Records, which were transferred by the Compiler from their -regular order to the end of the first volume of the Records at page 354. - - - THE OATH OF A FREE-MAN - - I (A. B.) being by Gods providence an Inhabitant, and Freeman, - within the Jurisdiction of this Commonwealth; do freely acknowledge - my self to be subject to the Government thereof: And therefore do - here swear by the great and dreadful Name of the Ever-living God, - that _I_ will be true and faithfull to the same, and will - accordingly yield assistance & support thereunto, with my person and - estate, as in equity _I_ am bound; and will also truly endeavour to - maintain and preserve all the liberties and priviledges thereof, - submitting my self to the wholesome Lawes & Orders made and - established by the same. And further that _I_ will not plot or - practice any evill against it, or consent to any that shall so do; - but will timely discover and reveal the same to lawfull Authority - now here established, for the speedy preventing thereof. Moreover, - _I_ doe solemnly bind my self in the sight of God, that when _I_ - shal be called to give my voyce touching any such matter of this - State, in which Freemen are to deal, _I_ will give my vote and - suffrage as _I_ shall judge in mine own conscience may best conduce - and tend to the publike weal of the body, without respect of - persons, or favour of any man. So help me God in the Lord Jesus - Christ. [1634.] From the copy given in John Childe's "New-Englands - Jonas cast up at London." (London, 1647), which the preface states - was printed in Massachusetts-Bay, by itself. - -To this form of The Oath of a Free man attaches the great additional -interest of being the first work printed in the United States of -America. - -Under date of Mo. 1. (March, 1638/9) John Winthrop's Journal states: "A -printing house was begun at Cambridge by one Daye, at the charge of Mr. -Glover, who died on sea hitherward. The first thing which was printed -was the freemen's oath; the next was an almanac made for New England by -Mr. William Peirce, mariner; the next was the Psalms newly turned into -metre." - -For nearly three hundred years no copy of this printed paper has been -known to be extant. The ceaseless search for a copy in this country by -antiquarians, bibliographers and historians would long ago have been -successful, if even a single copy had been preserved in either the -institutions of the State, or Nation, or in individual or family -possession. - -It would be difficult to exaggerate the patriotic feeling of our people, -if it were known that a copy of this interesting and valuable state -paper, the first fruit of the printing-press in this country, whose -ringing sentences of freedom preceded by nearly a century and a half the -Declaration of Independence, had been discovered at this late day. - -Fully a quarter of a century ago, while engaged in making a search for -early printed American publications in the Catalogue of printed books in -the British Museum--a great and monumental work, worthy in its scholarly -completeness of the Government which fostered its publication, and of -inestimable importance and benefit to scholars in every land--the -following entry under the heading "Freeman" seemed to me to warrant more -than passing observation and curiosity which the intervening years have -failed to satisfy: - - --The Oath of a Freeman. B. L. - [_London_, 1645?] _s. sh._ 12. 11,626. aa. (1, 2.) - -An analysis of this entry seems to show points of resemblance following -closely the known facts regarding the first work printed in this -country. - -The title is the one given by John Childe presumably from the earliest -printed copy in his possession. The abbreviated title, freemen's oath, -as given by John Winthrop, first appearing in the Code of 1648, which -seems to justify the belief that Winthrop wrote his Journal some years -after the press was established. - -The letters B. L. indicate that the printed text is in black-letter. -While there is no evidence of the number and kinds of fonts of type -purchased for the first press by Joseph Glover, there is an itemized -statement of the number and names of the fonts of type for the second -press sent over later by the Society for Propagating the Gospel among -the Indians in New England, for printing the Bible in the Indian -language, and among them is a small font of "blacks," i.e. black-letter, -which would indicate that a small font of that letter was generally -considered a part of the equipment of a printing-office of the period. -Even if this was not so, on the good authority of Isaiah Thomas, the -type used in printing the Bay Psalm Book, of 1640, was "small bodied -English," a type commonly used for works in quarto and folio, which -approximates in size to black-letter, but without the ceriphs, or fine -projecting points of that letter. It is not unreasonable to suppose that -a cataloguer might, hastily, consider the thickly inked, heavy -press-work we find in the Bay Psalm Book, under the same conditions in a -somewhat crudely printed sheet, to be black-letter printing. - -The brackets enclosing the imprint indicate that the place and date -given do not appear on the printed sheet, but are the personal judgment -of the cataloguer regarding them. Having already determined the printing -to be in black-letter English, it naturally follows in his judgment that -the place of printing is London. His guess of the year, 1645, which he -queries, is a close one; but is open to the criticism that an Oath of a -Freeman could never have been printed or exacted in England during the -reign of Charles the First. Ten years later, under Cromwellian rule, it -might have been done. But the only place on earth it could have been -printed and exacted without imprisonment, in 1645, was in the freemen's -Colony of Massachusetts-Bay. - -In this connection it may be well to observe, as a further illustration -that Governor Winthrop wrote his Journal years later than the events he -records, that his date of 1638/9, should be one year later, for the date -of the half-sheet almanac by William Peirce, mariner. Following -Winthrop, if the almanac was calculated for the year beginning in March, -1639, it would suppose its printing sometime before the 25th of March, -or in the Julian year 1638. This would leave nearly a whole year during -which no other printing was done. If the almanac was calculated for the -year beginning in March, 1640--the year the Bay Psalm Book is -dated--then it would suppose the Oath, and the Almanac, printed in the -eleventh or twelfth months of the Julian year 1639, which is more -probable. Isaiah Thomas, writing in 1810, leaves this question in doubt -by not stating whether his January, 1639, refers to the Julian, or the -Gregorian Calendar. - -To continue our analysis: The format, and size, agrees with the known -facts that the Oath was printed "on the face of a half sheet of small -paper." The shelf-mark indicates the permanent place on the shelves of -the Library. - -The singular appearance of the only known copy of this important and -interesting document in the Colonial history of New England, nearly -three hundred years after its printing, so far from its place of -publication, calls for explanation, which is apparently furnished in a -work published in London, in April, 1647, entitled: "New-Englands Jonas -cast up at London." On the title-page it purports to be written by Major -John Childe, a brother of Doctor Robert Childe, of Hingham, who was -detained by order of the General Court of Massachusetts-Bay; but -according to William Hubbard, in his History, and affirmed by John -Winthrop, in his Journal, the real author of everything, except the -Preface, was William Vassall. - -[Illustration: - - FAC-SIMILE OF ORIGINAL MANUSCRIPT - in the Handwriting of Thomas Dudley, - in the Public Library of the City of Boston - - Issued with Bulletin, July, 1894] - -[Illustration: - - FAC-SIMILE OF ORIGINAL MANUSCRIPT - in the Handwriting of Thomas Dudley, - in the Public Library of the City of Boston - - Issued with Bulletin, July, 1894] - -[Illustration: - - FAC-SIMILE OF ORIGINAL MANUSCRIPT - in the Handwriting of John Winthrop, - in the Public Library of the City of Boston - - Issued with Bulletin, July, 1894] - -Its odd title was suggested by a remark made by the Reverend John -Cotton, in a Thursday-Lecture, preached November 5, 1646, just previous -to the departure of the vessel which was carrying back to England some -of the dissatisfied signers of a Petition to the General Court, who -rumor gave were taking with them this and other incriminating documents -against the Government of the Colony. The learned preacher took for his -text, Canticles, II: 15. "Take us the foxes, the little foxes, which -destroy the vines," and made pointed allusions to the current rumors, -and the punishment which their acts would receive in a stormy voyage, -and how it could be averted. But later we shall let Vassall tell the -story in his own words. The effect upon his hearers was so great that -some who had engaged passage withdrew rather than risk the dangers of a -stormy voyage in the winter season. - -After a brief summary of the reasons for publication the Preface states -that the Relation is made up of the following particulars: - - First, the Petition of the greater part of the Inhabitants of - Hingham, and the proceedings therein. - - Secondly, a Petition of Doctor Child and others delivered to the - General Court at Boston with some passages thereon. - - Thirdly, the Capital Laws of the Massachusetts Bay, with the - Freemans Oath, _as they are printed there by themselves_. - -The italics are mine. Here, then, we have direct proof confirming the -statement of John Winthrop that the Freeman's Oath was printed at -Cambridge in 1639, and, in the body of the work, is given the full text -of The Oath of a Free man as printed. It is probable that only the -number of copies necessary for officials authorized to administer the -Oath were printed, and the copy taken to England was surreptitiously -obtained from some member of the Government. Its importance lay in the -fact that it afforded printed evidence that nowhere in it is any -reference made to the King's Majesty, or of allegiance to any power on -earth save that of their own Government as constituted. - -[Illustration: - - FAC-SIMILE OF ORIGINAL MANUSCRIPT - in the Handwriting of John Winthrop, - in the Public Library of the City of Boston - - Issued with Bulletin, July, 1894] - -The Capital Laws were printed at Cambridge in 1642, probably under the -same restriction, as to number; and, as printed evidence, open to the -same construction as the Oath. Whatever the purpose, however, it had -been forestalled some four years earlier when the Capital Laws were -re-printed in London in a folio broadside. The copy in the British -Museum bears the Colophon: "Printed first in New-England, and re-printed -in London for Ben. Allen in Popes-Head Allen [_sic_] 1643." - - Fourthly, a relation of that story of Jonas verbatim as it was - delivered to me in writing by a Gentleman that was then a passenger - in the ship. - - "When the first ship that came this year 1646 from New-England, was - almost ready to come from thence; Mr. Cotton in his Thursday-Lecture - at Boston, preached out of that Scripture, Cant. 2, 15. Take us the - little Foxes, &c. In his uses took occasion to say, That if any - shall carry any Writings, Complaints against the people of God in - that Country it would be a Jonas in the ship. * * He also advised - the Ship-Master, that if storms did arise, to search if they had not - in any Chest or Trunk any such Jonas aboard, which if you find (said - he) I do not advise you to throw the persons over-board, but the - Writings; or words to that effect. Whereupon, having great storms - (as could not be otherwise expected) some of the Passengers - remembering Mr. Cotton's Sermon, it seems were much affected with - what he had said; and a woman amongst them came up from between the - decks about Midnight, or after, in a distracted passionate manner to - Mr. William Vassall who lay in the great Cabin, but for the present - was in the Sterage-door-way looking abroad: she earnestly desired - him, if there were any Jonas in the ship, that as Mr. Cotton had - directed it might be thrown over-board, with many broken expressions - to that purpose. He asked her why she came to him? and she said - because it was thought that he had some Writings against the people - of God: but he answered her, He had nothing but a Petition to the - Parliament that they might enjoy the liberty of English subjects, - and that could be no Jonas; and that if the best of New-Englands - friends could shew him any evil in that, he would not prefer it. - After this she went into the great Cabin to Mr. Tho. Fowle in like - distracted manner; who told her he had nothing but the Copy of - Petition which himself and others had presented to the Court at - Boston; and showed, and read it to her, and then told her, That if - she and others thought that to be the cause of the storm, she and - they might do what they would with it; but he professed that he saw - no evil in it, neither was his Conscience troubled with it. So she - took it and carried it between Decks to them from whom she came, and - they agreed to throw it over-board and it was thrown over-board: but - the storm did not leave us upon the throwing of the Paper over-board - as it is reported; for they had many great storms after that; much - lesse was the great and wonderfull deliverance which by Gods mercy - he gave unto them from shipwrack and drowning at the Isles of Silly, - upon the throwing of that Writing over-board; for that was thrown - over long before, at least 14 dayes. Also the error is the more in - this, That the report is that it was the petition to the Parliament - that was thrown over-board; and it was only a Copy of a Petition to - their own Court at Boston, and the Petition to the Parliament was - still in the ship, together with another copy of that which was - thrown over-board, and other writings of that nature, some of which - are printed in this book, and were as well saved as their lives and - other goods, and are here in London to be seen and made use of in - convenient time." - -It is true that at any time in the intervening years of a quarter of a -century I could have written to the British Museum authorities and been -sure of a courteous reply; but the matter seemed too important to be -settled in so prosaic a way. This, and the hope that sometime I might be -able to determine the matter personally, and achieve the honor that -would attach to its discovery, deterred me. - -I suppose that men of all professions, in their callings, feel an -unwonted glow in the achievement of some object; but I know of no -greater joy than that which fills the lover of books when his long -search for a rare book is rewarded. Then it is that you seem to enter -into the holy of holies of delight, when the whole body thrills with -suppressed emotions, the eyes moisten, and the trembling hand stretched -out to take the volume does so with a touch which is almost a caress. -The feeling, I think, must be somewhat akin to the "buck fever" of the -deer hunter, whose mind and shaking limbs refuse to function, as he -looks into the luminous eyes, and notes the startled look, and graceful -beauty of his prey, until it has bounded into safety in the forest. Why, -I reasoned with myself, should I give to another the pleasure of these -emotions which were mine by right of discovery. - -The opportunity of voyaging to England, which I had so long looked -forward to, did not come to me until the Spring of the present year, and -the pleasant anticipations with which I set out were comparable in my -own mind with those which must have animated the Knights of Arthur's -Round Table in their quest for the holy grail. The morning after my -arrival in London found me an early visitor at the British Museum. The -preliminaries of admittance to the Reading-Room are not difficult, and -are soon over with, and I found myself within the great rotunda, its -walls lined in tiers with what is best in the literatures of the world, -and from which has gone out so much that is worth while in English -literature. From the Catalogue I filled out slips for some half dozen -works, artfully to conceal the one uppermost in my mind, handed them in -at the desk, and returned to my chosen seat to await with such calmness -as I could command the culmination of years of desire. Heeding the -legend that when the grail was approached by any one not perfectly pure -it vanished from sight; and that to be qualified to discover it one must -be perfectly chaste in thought and act, I endeavored to prepare myself -for its appearance. Somewhere I have read of an Oriental visionary who -attained a high degree of saintly perfection by fixing his gaze -steadfastly for hours upon his navel, which a growing embonpoint made an -easy thing to do, and I sought for holiness in the same way. - -In time the white slips of my wants came fluttering back to me by -messengers, all marked, very properly for security on account of rarity, -that they could only be consulted in the North Library, until all were -in but the one most desired. Then followed a much longer wait and -then--the slip was handed back to me with a notation that I had given a -wrong shelf-mark! Gone in an instant were all the perfectly pure and -chaste thoughts with which I had been regaling myself while I was -apparently looking at the wrong button on my vest. I think I could have -stood the blow better if it had been that hoary old fiction of careless -assistants that it was "out", but this is a boon denied to any assistant -in the British Museum, where nothing is allowed to go out. A comparison -with the printed Catalogue showed an exact correspondence, and I sought -the Superintendent of the Reading-Room, who assured me that the matter -would have his personal attention; and for the rest of the day I busied -myself with my other wants in the North Library without any word of the -missing broadside reaching me. That evening, in communion with myself, I -determined to throw off the mask of secrecy and frankly confide the -importance of my quest to the Keeper of the Printed Books--the somewhat -expressive and imposing title of the Librarian of the British Museum. - -Before calling upon him I sought as an introducer Henry N. Stevens--the -worthy son of an illustrious father who follows closely in his footsteps -as the best authority on early printed American books in Europe--at his -shop across the street from the imposing Museum building, and to him I -told my story. As I proceeded his interest grew, and before I had -finished he excitedly grasped my arm with one hand and his hat with the -other, exclaiming: "Come with me. This is not a subject for underlings," -and rushed me across the street without pause until we were in the -sanctum sanctorum of the learned and accomplished Keeper, Alfred W. -Pollard. And to him I told my simple tale, and asked his assistance. Mr. -Pollard is himself a bibliographer of note in his special field, and my -story was not without interest to him, but he refused to share my belief -that the missing broadside was what I supposed it to be, laying much -stress upon the black-letter feature as proof of its English origin. The -unsuccessful search for the missing broadside had evidently been called -to his notice, and the failure to produce anything in the millions of -books catalogued in that vast collection, he considered a challenge to -the efficiency of himself and his staff of assistants. A few days later, -he acknowledged failure; but gave me the interesting information that in -tracing the broadside back to its accession he had found that it was -acquired by the Museum in the year 1865, and formed part of a bundle of -miscellaneous matter, being considered of so little importance as not -even to have been mentioned in the contents of the bundle. Printing of -the letter F of the Catalogue was completed in 1888, and since that time -an expansion of the classification of books upon the shelves had been -made, from which dated its disappearance. He would not, however, -discontinue his efforts to find it. After apologizing for giving him a -"bad half-hour," which only the importance of the broadside excused, our -second interview ended. On my last day in London, I went again with Mr. -Stevens to call on Mr. Pollard about the matter, and told him that I had -made my arrangements to fly from London to Paris on the morrow, and -asked him if these old eyes of mine were never to behold the holy grail. -"In black-letter?" he queried, touching the weak spot in my armor. "In -duodecimo!" I countered, pointing to the rent in his own. And the third -interview ended with his assurance that the search would go on until the -missing broadside was found. - -And there the matter rests, very much in the condition of the story of -the cook who asked the skipper: "Is any thing lost when you know where -it is?" And to the skipper's gruff response, "Of course not," he -pleasantly replied: "I am glad to know that our only iron soup kettle -wasn't lost when it fell over-board into the Bay." - -Through the courtesy of our fellow-members, Henry Edwards Huntington, -Esquire, and the accomplished bibliographer and librarian of his -unrivaled collection of books and art, George Watson Cole, the Society -is permitted to give a reproduction from the only known copy of "The -Book of General Lawes and Libertyes concerning the Inhabitants of the -Massachusetts"--the long-lost Code of 1648. No copy or fragment of a -copy was known to be extant for over two hundred and fifty years, when, -in 1906, this copy was discovered in a small private library in England, -and was sold to the late Edmund Dwight Church for the highest price ever -paid for an American printed book--a record which is not likely to be -surpassed. The almost miraculous recovery of this volume, will, I have -given my reasons to hope, sometime have a counterpart in the recovery of -the only known copy of the first work printed in the United States of -America--The Oath of a Free man. From the year 1641, this bore the -abbreviated title of the - - - FREEMANS OATH - - I (A. B.) being by Gods providence an Inhabitant within the - Jurisdiction of this Common-wealth, and now to be made free; doe - heer freely acknowledge my self to be subject to the Government - therof: and therfore do heer swear by the great and dreadfull Name - of the Ever-living God, that I will be true and faithfull to the - same, & will accordingly yeild assistance & support therunto, with - my person and estate, as in equitie I am bound, and will also truly - indeavour to maintein & preserve all the Liberties and Priviledges - therof, submitting my self unto the wholsom Laws made and - established by the same. And farther, that I will not plot or - practice any evil against it, or consent to any that shall so doe; - but will timely discover & reveal the same to lawfull authoritie now - heer established, for the speedy prevention therof. - - Moreover, I do solemnly binde my self in the sight of God, that when - I shall be called to give my voice touching any such matter of this - State, wherin Free-men are to deal; I will give my vote and - _suffrage_ as I shall in mine own conscience judge best to conduce - and tend to the publick weal of the Body, without respect of - persons, or favour of any man. So help me God in our Lord Jesus - Christ. [1641.] From Code of 1648. - - - FREEMANS OATH - - I [A. B.] being by Gods providence an inhabitant within the - Jurisdiction of this Common-wealth, and now to be made free; doe - here freely acknowledg my self to be subject to the Government - thereof: And therefore do here Swear by the great and dreadfull Name - of the Ever-living God, that I will be true and faithfull to the - same, and will accordingly yeild assistance and support thereunto, - with my person and estate, as in equity I am bound, and will also - truely indeavour to maintain and preserve all the Liberties and - Priviledges thereof, submitting my self unto the wholsom Laws made - and established by the same. And farther, that I will not plot or - practice an evill against it, or consent to any that shall so doe; - but will timely discover and reveal the same to lawfull Authority - now here established, for the speedy prevention thereof. - - Moreover, I do solemnly bind my self in the sight of God, that when - I shall be called to give my voice touching any such matter of this - State, wherein Free-men are to deal; I will give my vote and - suffrage as I shall in mine own conscience judg best to conduce and - tend to the publick weal of the Body, without respect of persons, or - favour of any man. So help me God &c. [1641.] From Code of 1660. - - It is Ordered and by this Court declared, that no man shall be urged - to take any Oath or subscribe to any _Articles_, _Covenants_ or - _Remonstrances_, of publick and Civil nature, but such as the - Generall Court hath Considered, allowed and required, and no Oath of - any Magistrate or of any Officer, shall bind him any further or - longer, then he is Resident or Reputed an Inhabitant of this - Jurisdiction. [1641.] - - Every Court in this Jurisdiction, where two Magistrates are present, - may admitt any church members that are fitt, to be Freemen, giving - them the Oath, and the Clerke of each Court, shall certify their - names to the Secretary at the next General Court. [1641 [2]]. - -[Illustration: - - FREEMAN'S OATH - - Reproduced from "The Book of General Lawes and Libertyes concerning - the Inhabitants of the Massachusetts"--1648 - - By the courtesy of Henry Edwards Huntington] - -In 1643, the Colonies of Massachusetts-Bay, New Plymouth, Connecticut, -and New Haven, concluded a Confederacy by which they entered into a -solemn compact to afford each other mutual advice and assistance on all -necessary occasions, whether offensive, defensive, or prudential. Among -the reasons assigned for this Union were the dependent condition of the -colonists; the vicinity of the French and Dutch, who were inclined to -make encroachments; the warlike attitude of the neighboring Indians; the -commencement of civil war in England, and impracticability of aid from -thence in any emergency; and the sacred ties of religion which already -bound them. The Province of Maine was not included because it was -subject to rulers of Episcopal tenets, and was infrequently an asylum -for excommunicants. This Union lasted for forty years without any -general Oath of Allegiance being required from the inhabitants of the -several Colonies. - - - OATH OF FIDELITIE - - I (A B) being by Gods providence an Inhabitant within the - Jurisdiction of this Common-wealth, doe freely and sincerely - acknowledge my selfe to be subject to the Government thereof. And - doe heer swear by the great and dreadful name of the Everliving God, - that I will be true and faithfull to the same, and will accordingly - yeild assistance therunto, with my person and estate, as in equitie - I am bound: and will also truly indeavour to maintein and preseve - all the Liberties & Priviledges thereof, submitting my self unto the - wholsom Laws made, & established by the same. And farther, that I - will not plot or practice any evil against it, or consent to any - that shall so doe: but will timely discover and reveal the same to - lawfull Authoritie now heer established, for the speedy preventing - thereof. So help me God in our Lord Jesus Christ. [1646.] From Code - of 1648. - - - OATH OF FIDELITIE - - I [A. B.] being by Gods providence an inhabitant within the - Jurisdiction of the Commonwealth, do freely and sincerely - acknowledge my selfe to be subject to the Government thereof. And do - here Swear by the great and dreadful name of the everliving God, - that I will be true & faithfull to the same, and will accordingly - yeild assistance thereunto, with my person and estate, as in equity - I am bound: And will also truely endeavour to Maintain and preserve - all the Liberties & Priviledges thereof submitting my self unto the - wholesom Laws made, and established by the same. - - And farther that I will not plot or practice any evill against it, - or consent to any that shall so do: but will timely discover and - reveal the same to lawfull Authority now here established, for the - speedy preventing thereof. So help me God in our Lord Jesus Christ. - [1646.] From Code of 1660. - - _To the end the body of the freemen may be preserved of honest and - good men_, It is Ordered, That henceforth no man shall be admitted - to the freedome of this Common-wealth, but such as are members of - some of the Churches, within the limits of this Iurisdiction; _And - whereas many members of Churches to exempt themselves from Publick - Service, will not come in to be made freemen_, It is Ordered, That - no members of Churches within this Iurisidiction, shall be exempt - from any publick service, they shall be chosen to, by the - Inhabitants of the severall Townes, as Constables, Iurors, Select - men, surveiors of the High-wayes. And if any such person shall - refuse to serve in, or to take upon him any such Office, being - legally chosen therunto, he shall pay for every such refusall, such - fine, as the Town shall impose not exceeding _Twenty shillings_ for - one Offence. [1647.] - - Any non freemen, who have taken or shall take the Oath of fidelity - to this government could be jury men and vote in certain matters, - after he had attained the age of 24 years. [1647.] - - _For as much as divers Inhabitants of this Jurisdiction who have - long continued amongst us, receiving Protection, from this - Government, have as we are informed uttered Offencive speeches, - whereby their fidelity to this Government may justly be suspected, - and also that divers strangers of forreign parts do repaire to us of - whose fidelity we have not that Assurance which is Commonly required - of all Governments._ - - It is therefore Ordered by this Court and the Authority thereof. - That the County Courts or any one Magistrate out of Court, shall - have power and is hereby Authorized to Require the Oath of fidelity - of all settled Inhabitants amongst us who have not already taken the - same, as also to Require the Oath under written, of all strangers, - who after two months have their abode here; And if any Person shall - refuse to take the Respective Oath, he or they shall be bound over - to the next County Court or Court of Assistants, where if he shall - refuse, he shall forfeit _five pound a week_ for every week he shall - Continue in this Jurisdiction after his sayd Refusall, unles he can - give sufficient security to the satisfaction of the Court or - Magistrate for his fidelity, during his or their residence amongst - us. - - - STRANGERS OATH - - _You A. B. Do acknowledge your self subject to the Lawes of this - Jurisdiction during your Residence under this Government, and do - here Swear, by the Great Name of the Everliving GOD, and engage your - self to be true and faithfull to the same, and not to plot, - contrive, or conceal any thing that is to the hurt or detriment - thereof._ [1652.]. - -This was, apparently, aimed at the Quakers, whose offensive attitude -towards the Government was made the subject of further drastic laws and -orders by the General Court, in October, 1656, and May, 1658. - - _This Court having considered of the proposals presented to this - Court by several of the inhabitants of the County of Middlesex_; Do - Declare and Order, That no man whosoever, shall be admitted to the - Freedome of this Body Politick, but such as are members of some - Church of Christ and in full Communion, which they declare to be the - true intent of the ancient Law, _page the eighth of the second - Book_, Anno. 1631. [1660.] - -This was construed as being directed against the members of the Church -of England, and was largely responsible for the strained relations with -his Majesty's Commission in 1665. It was repealed before the 1672 -Revision of the Laws. - -For causes already mentioned the publication of the first Code of Laws, -in 1648, was unnoticed in England; but it was very different with the -publication of the second Code, in 1660. When it appeared its provisions -were subjected to critical scrutiny by enemies of the Puritan -Commonwealth, and the worst possible constructions placed upon them. In -particular, the loyalty of the framers, who took an Oath of Fidelity to -their Government, and none to the King, was questioned; and the -provisions for the admission of freemen which, practically, prohibited -members of the Church of England. By letter, his Majesty ordered a -redress of these grievances, and appointed a Commission who proceeded, -in a partisan manner, to execute their powers. In 1665, the -Commissioners presented to the General Court a list of twenty-six -changes which they desired to have made in the Code of 1660. The -principal ones were the substitution of an acknowledgment of the royal -authority for all expressions of the supremacy of the Commonwealth; a -recognition of the Church of England; and a repeal of the long-standing -limitation of citizenship to church members. To one or two of their -points the General Court gave consent. A comparison with the Code of -1672, shows that while the recognition of his majesty's supremacy was -allowed, in a score of instances the powers of the government under -their Charter were asserted. The right of strangers to become citizens -was nominally conceded, but on conditions which afforded only a minimum -of relief to members of the Church of England. - - On the 3 August, 1664 it was Ordered by the General Court: - - _In Answer to that part of his Majestyes Letter_, of June 28, 1662, - _concerning admission of freemen_. This Court doth Declare, That the - Law prohibiting all persons, except Members of Churches, and, that - also for allowance of them in any County Court, are hereby Repealed, - And do hereby also Order and Enact That, from henceforth all English - men presenting a Certificate under the hand of the Ministers, or - Minister of the Place where they dwell, that they are Orthodox in - Religion, and not vicious in their Lives, and also a certificate - under the hands of the Select men of the place, or of the major Part - of them, that they are Free-holders: and are for their own propper - Estate (without heads of Persons) Rateable to the Country in a - single Country Rate, after the usuall manner of valuation in the - place where they live, to the full vallue of _Ten Shillings_, or - that they are in full Communion with some Church amongst us; It - shall be in the Liberty of all and every such Person or Persons, - being _twenty-four_ yeares of age, Householders and settled - Inhabitants in this Jurisdiction, from time to time to themselves - and their desires to this Court, for their addmittance to the - freedome of this commonwealth, and shall be allowed the priviledge, - to have such their desire Propounded and put to Vote in the General - Court, for acceptance to the freedome of the body pollitick, by the - sufferage of the major parte according to the Rules of our Patent. - [1664.]. - - * * * * * - - It was also Ordered by the General Court on the 19 October, 1664. - - _Forasmuch as several Persons who from time to time are to be made - freemen, live remote and are not able without great trouble and - charge to appear before this Court to take their respective Oaths_: - It is therefore Ordered, that henceforth it shall be in the power of - any County Court, to administer the Oath of Freedome to any persons - approved of by the General Court who shall desire the same, any Law - or Custome to the contrary notwithstanding. [1664.] - - * * * * * - - And, at the May, 1665, session, to conform to the criticism of his - Majesty's Commission concerning the Oath of Allegiance: - - It is ordered by this Court, & the authority thereof, that the - following oath be annexed vnto the oathes of euery freeman & oath of - fidellity, & to the Gouerno^r, Dep^{t-}Gouerno^r, & Assistants, & to - all other publicke officers, as followeth:-- - - The oath of a freeman & fidelity to runne thus:-- - - - OATH OF FIDELITIE - - Whereas I [A. B.] am an inhabitant within this Jurisdiction, - Considering how I stand Obliged to the Kings Majesty, his heires and - Successors by our Charter and the Government established thereby; Do - Swear accordingly by the great and dreadfull Name of the Ever-Living - God, that I will bear Faith and true Allegiance to our Soveraingn - Lord the King, his Heires and Successors; and that I will be True - and Faithfull to this Government, and accordingly yeild Assistance - thereunto, with my person and estate, as in equity I am bound; - - And will also truely endeavour to Maintain and Preserve all the - Liberties and Priviledges thereof, Submiting my self unto the - wholesom Laws made and established by the same. - - And farther that I will not Plot or practice any evill against it, - or consent to any that shall so do: but will timely discover and - reveal the same to Lawfull Authority now here established, for the - speedy preventing thereof. So help me God in our Lord Jesus Christ. - [1665.] - - - FREEMANS OATH - - Whereas I [A. B.] being an inhabitant of the Jurisdiction of the - _Massachusets_, and now to be made free. Do hereby acknowledge my - selfe to be subject to the Government thereof (Considering how I - stand obliged to the Kings Majesty, his Heires and Successors, by - our Charter and the Government established thereby Do Swear - accordingly, by the Great and Dreadfull Name of the Ever-Living GOD, - that I will bear Faith and true Alegiance to our Soveraigne Lord the - King, his heires and Successors,) and that I will be true and - Faithfull to the same, and will accordingly yeild Assistance and - Support thereunto with my person and estate, as in equity I am - bound; And will also truely endeavour to maintain and preserve all - the Liberties and priviledges thereof, submitting my selfe to the - wolesome Laws made and established by the same. - - And farther that I will not Plot nor Practice any Evill against it, - or consent to any that shall so do, but will timely discover and - reveal the same to Lawfull Authority now here established, for the - speedy prevention thereof. - - Moreover I do Solemnly bind my selfe in the sight of God, that when - I shall be called to give my Voyce touching any such matter of this - State wherein Freemen are to deal, I will give my Vote and Suffrage - as I shall in mine own Conscience judge best to conduce and tend to - the Publick Weale of the body, without respect of persons or favour - of any man. So help me God in our Lord Jesus Christ. [1665.] - - * * * * * - - The oath of the Gouno^r, Dept Gouno^r, & other publicke officers, to - runne thus:-- - - Whereas I, A. B., am chosen Gouerno^r, &c., considering how I stand - obliged to the kings majesty, his heires & successors, by our - charter and the gouerment here established thereby, doe sweare, &c, - as aboue. [1665.] - -In their demand for changes in the 1660 Book of the General Laws and -Liberties, the Commissioners in their 14th section proposed: "That, page -33, 'none be admitted freemen but such as are members of some of the -churches w^{th} in the limitts of this jurisdiction' may be explained, & -comphend such as are members of y^e church of England." - - At the General Court of 23 May, 1666. - - It is ordered that the Secretary, at the request of all such as are - admitted to the freedome of this Colony or any in their behalf, give - a true copy out of this Courts Records, of their names, by them to - be delivered to the clerks or recorders of those Courts in the - severall Counties to which they do belong, with a copy of the Oath - of Freemen as it is now stated, that they may there take their - Oathes &c. [1666.] - - * * * * * - - At the General Court of 15 October, 1673: - - As an addition to the Law, title Freemen, section the third, it is - ordered by this Court and the authority thereof that henceforth the - names of such as desire to be admitted to the freedome of this - Comon-wealth, not being members of churches in full comunion, shall - be entred w^{th} the secretary, from tjme to tjme, at the Court of - election, and read ouer before the whole Court sometime that - sessions and shall not be put to vote in the Court till the Court of - election next followg. [1673.] - - This order of Court was repealed 9 February 1682/3. - - * * * * * - - Att a Generall Court, held at Boston, 10^{th} of October, 1677. - - Whereas many secret attempts haue binn lately made by euil minded - persons to set fire in the toune of Boston and other places, tending - to the destruction of the whole, this Court doeth account it their - duty to vse all lawfull meanes to discouer such persons and prevent - the like for time to come. - - Bee it therefore ordered & enacted by this Court and the Authority - thereof, That the Law, _title_ Oathes and Subscriptions, page 120 - sect. 2., requiring all persons, as well inhabitants as strangers, - (that have not taken it) to take the Oath of Fidelity to the - Country, be revived and put in practice through this Jurisdiction. - And for the more effectual execution thereof, It is ordered by this - Court; That the select men, Constables, and Tithing-men, in every - town do, once every quarter of a year so proportion and divide the - precincts of each town, and go from house to house, and take an - exact list of the Names, quality and callings of every person, - whether Inhabitant or Stranger, that have not taken the said Oath, - and cannot make due proof thereof; and the Officers aforesaid are - hereby required forthwith to return the names of such persons unto - the next magistrate, or County Court, or chief military officer in - the town where no Magistrate is, who are required to give such - persons the said Oath prescribed in the Law, wherein not only - Fidelity to the Country, but Allegiance to our King, is required; - And all such as take the said oath shall be Recorded and Enrolled in - the County Records by the clerk of each County Court. And all such - as refuse to take the said Oath, they shall be proceeded against as - the said Law directs. And further, this Court doth Declare; That all - such refusers to take the said Oath shall not have the benefit of - our Laws to Implead, Sue, or recover any Debt in any Court or Courts - within this Jurisdiction, nor have protection from this Government - whilest they continue in such obstinate refusal. - - And furthermore, It is Ordered; That if any Officer intrusted with - the Execution of this Order, do, neglect, or omit his or their duty - therein, they shall be fined according to their demerits, not - exceeding five pounds for one offence, being complained of, or - presented to the County Courts or Court of Assistants, And this Law - to be forthwith Printed and Published, and effectually executed from - and after the last of _November_ next. And that all persons that - administer the Oath abovesaid, shall in like manner make return of - the Names of such persons so sworn to the respective Clerks of the - County Courts. Made October 10, 1677. - - * * * * * - - Att the second sessions of the Genll Court held at Boston, 2 - October, 1678. - - _Whereas it hath pleased his most excellent Majesty, our gracious - king by his letter bearing date the twenty-seventh of Aprill, 1678, - to signifie his Royall pleasure, That the Authority of this his - Colony of Massachusetts in New-England, do give forth Orders that - the Oath of Allegiance, as it is by Law established within his - Kingdome of England, be administred and taken by all his subjects - within this Colony who are of years to take an oath_: - - In Obedience whereunto, and as a demonstration of our Loyalty; It is - ordered and enacted by this Court and the Authority thereof, that, - as the members of this Court now sitting have readily taken the Oath - of Allegiance, so, by their Example and Authority, they do require - and command that the same Oath be given and taken by all his - Majesties subjects within this Jurisdiction that are of sixteen - years of age and upwards. And to the end this Order be duely - executed, it is hereby Ordered, that a convenient number of printed - Copies of the said Oath of Allegiance, exactly agreeing with the - written copy inclosed in his majesties Letter, and signed by the - Secretary of State, to be sent forth unto every Magistrate and - Justice of peace, and to the Constable of every town within this - Jurisdiction. - - And it is further Ordered that the Magistrates and Justices, or such - as are Commissioned with Magistratical Authority in every County of - this Colony do with all convenient speed repair to the several Towns - and Villages within this Jurisdiction, at such time, and in such - order as they best may, and accomplish the same; giving forth their - warrant to the Constables of each Town to convene all the - inhabitants of the Age abovesaid, and taking their names in writing, - administer the said Oath of Allegiance to each of them, and return - their Names to the Recorder of each County Court to be enrolled. And - if any shall refuse to take the said Oath, or absent themselves - unless in case of sickness, the Names of such shall be returned to - the Recorder of the County, who are to be proceeded against by the - County Courts respectively, for the first offence whereof he is - legally convicted, to pay such a fine as the County Court shall - impose, not exceeding five pounds, or three Moneths Imprisonment in - the common prison or house of Correction: And for the second offence - whereof he shall be lawfully convicted, what summe the County Court - shall inflict, provided it exceed not ten pounds, or six Moneths - Imprisonment without Baile, or Mainprise. [1678.] - -The officials of the Government, ignoring the copy of the Oath of -Allegiance given them by the royal commissioners, took the Oath in Court -as it is given in Michael Dalton's "The Countrey Justice,"--a work of -much esteem in its time, which passed through some ten or eleven -editions, three of which are in the valuable Library of this Society, -and one of them, there is reason to believe, may have been the volume -used in this historical incident,--all of them declaring that the same -is to be understood as not infringing the liberties and privileges -granted in his Majesty's royal Charter to this Colony of the -Massachusetts. - -Regarding the manner of taking the Oath; the New England custom was by -holding up the right hand, as opposed to the custom in England of -holding, or laying the hand on the Bible, or kissing it. This was one of -the irritating questions in dispute between the Colonists and the Andros -faction. Samuel Sewall, in his Diary, under date of June 11, 1686, says: -"I read the Oath myself holding the book in my left hand, and holding up -my right hand to Heaven." And, in 1687, Increase Mather discoursed on -the "laying the hand on and kissing the booke in swearing." This -question continued to irritate, and was one of the predisposing causes -of the Revolutionary War in the Province of New York. In 1772, a Bill -was lost in Council, "For Removing Doubts in the administration of -Oaths." This Bill was designed to favor a number of people, chiefly from -Scotland and the north of Ireland, who held conscientious scruples -against the present legal form of kissing the Bible; and allow them to -use the form in use in Scotland and the New England Colonies of lifting -up the right hand. The weight of Episcopal authority denied them this -right. - -In the colonization of New England the figure of John Winthrop looms -colossal. Given time, he would have built an Empire whose only ruler -would have been the Lord of Hosts. He can hardly be called a -Puritan--his conversion came too late--but he was a Congregationalist. -His method was so simple as to be open to the understanding of anyone, -but it was a firm principle of government. As an illustration: when he -was appealed to by a small group of settlers near the border line of New -Hampshire for information as to how they could become freemen of the -Colony of Massachusetts-Bay, his reply was: "Get a Minister." When they -answered that they had no Minister, and did not know where to get one, -again came back his uncompromising reply: "Get a Minister." In this -reply rested his whole system of colonization. It was simplicity itself. -The English Government recognized its power when, by Proclamation, they -endeavored to prevent the emigration of Puritan Ministers from England. -"Get a Minister!" Gather about him! Build him a church, and homes for -yourselves and families. This done, you have a Plantation. When you have -thus qualified to become freemen, and have taken the Oath of a Freeman, -you will be entitled to hold office; assist in framing laws, and -enforcing those already made; and, as members of the Commonwealth, be -assured that all your rights will be protected. This principle of -government was firm, but not repellent. If you could not conform to it -there was no reason for remaining among them. The world was wide enough -for every one. And you could go to Maine, or Rhode Island. Under it was -formed a government that has never been equalled in prosperity, morality -and all that makes for happiness. No less a personage than Hugh Peters -has declared that in the six years of his residence in the Colony of -Massachusetts-Bay, he had never seen a drunken man or heard a profane -oath. - -The limits of their territory they continually enlarged by firmly -insisting upon the border lines of their Patent, and even stretching -them when near some natural boundary; by purchasing the rights of New -Plymouth in the Colony of Maine, for 400 pounds, they added a tract of -seven hundred square miles; by the purchase of the Gorges Patent, for -1,250 pounds sterling, they acquired a jurisdiction over the rest of the -Province of Maine which made it a District of Massachusetts down to the -year 1820. There has been a good deal of sympathy, and many unnecessary -tears have been shed over the so-called banishment of Roger Williams to -Rhode Island; but it was his friend, John Winthrop, who whispered in his -ear the desirability of the location of the Providence Plantations. And -there was no reason why Roger Williams could not have gone out from -Salem with head erect, and with his gaze fixed on the stars, as every -good missionary should go, knowing that the powers of the government of -Massachusetts-Bay was as much behind his settlement, without an Oath, as -it was behind the colonists of Connecticut, and New Haven, who had gone -out from Cambridge, Watertown and Roxbury, carrying with them the Oath -of a Freeman as a principle of their governments. In the Union of the -Colonies of Massachusetts-Bay, New Plymouth, Connecticut, and New Haven, -of which John Winthrop was the first President, a new idea was advanced -in his system of government, which eventually attained greater results. - -It cannot be said that John Winthrop accomplished these things unaided. -There were others who ably assisted him, whose names, also, should be -held in honored remembrance. But through it all, can be seen the firm, -directing mind and purpose of a man whose vision looked beyond his -present to a future, and a Republic that was to be. - -And this is why our people should look upon The Oath of a Freeman, which -was his work, not alone as the glorious first fruit of the -Printing-Press in this Country; but also as a great state paper which -accomplished without bloodshed, on a smaller scale it is true, all that -was achieved, one hundred and thirty-seven years later, after seven -years of warfare, through the Declaration of Independence. - - - - -_In Connecticut and New Haven Colonies._ - - -The colonists of Connecticut, in the main, followed closely the general -system of laws of the Massachusetts Bay Colony, from which they had -emigrated. Their form of government was theocratic, the Oath of a -Freeman being the test of citizenship. The settlers of Windsor, who came -from Dorchester with John Warham, in 1635, did not, however, make church -membership a necessary qualification for holding civil office. - -The settlers of Guilford, who were joined to New Haven Colony, exercised -their powers of government by a system which conformed to the grant from -Lord Say and Brook to Theophilus Eaton and his company. Like that at New -Haven it was an aristocracy, but modelled in a singular way. As a part -of New Haven Colony they were entitled to one Magistrate, who was their -head and invested with the whole executive and judicial power. The -settlers were divided into two classes, freemen and planters. The -freemen could consist only of those who were church members, and partook -of the sacrament. They were all under oath agreeably to their form of -government. Out of their number were chosen three or four deputies to -sit with the Magistrate in General Courts, and all public officers. The -planters consisted of all inhabitants above the age of twenty-one years, -with a certain estate, which qualified them to vote in town meetings. - - 5 ^{to} Ap^r 1638. A gen^rall Cort at Hartford. - - Forasmuch as it has pleased the Allmighty God by the wise - disposition of his diuyne p^ruidence so to Order and dispose of - things that we the Inhabitants and Residents of Windsor, Hartford - and Wethersfield are now cohabiting and dwelling in and vppon the - River of Conectecotte and the Lands thereunto adioyneing; And well - knowing where a people are gathered togather the word of God - requires that to mayntayne the peace and vnion of such a people - there should be an orderly and decent Gouerment established - according to God, to order and dispose of the affayres of the people - at all seasons as occation shall require: doe therefore assotiate - and conioyne our selues to be as one publike State or Comonwelth; - and doe, for our selues and our Successors and such as shall be - adioyned to vs att any tyme hereafter, enter into Combination and - Confederation togather, to mayntayne and p^rsearue the liberty and - purity of the gospell of our Lord Jesus w^{ch} we now p^rfesse, as - also the disciplyne of the Churches w^{ch} according to the truth of - the said gospell is now practiced amongst vs; As also in o^r Ciuill - Affaires to be guided and gouerned according to such Lawes, Rules, - Orders and decrees as shall be made, ordered & decreed, as - followeth: [The eleven Fundamentalls.] [1638.] - -In Connecticut, it would appear that the Oath of Fidelity required of -all that were admitted freemen up to July 1640, was as follows: - - - AN OATH FOR PAQUA' AND THE PLANTATIONS THERE: - - - I A. B. being by the P^ruidence of God an inhabitant w^{th}in the - Jurisdiction of Conectecotte, doe acknowledge my selfe to be subject - to the gou^rment thereof, and doe sweare by the great and dreadfull - name of the eu^r liueing God to be true and faythfull vnto the same, - and doe submitt boath my P^rson & estate thereunto, according to all - the holsome lawes & orders that ether are or hereafter shall be - there made by lawfull authority: And that I will nether plott nor - practice any euell agaynst the same, nor consent to any that shall - so doe, but will tymely discou^r the same to lawfull authority - established there; and that I will maynetayne, as in duty I am - bownd, the honor of the same & of the lawfull Magestrats thereof, - promoteing the publike good thereof, whilst I shall so continue an - Inhabitant there, and whensou^r I shall give my vote, suffrage or - p^rxy, being cauled thereunto touching any matter w^{ch} conserns - this Comonwelth, I will giue y^t as in my conscience may conduce to - the best good of the same, w^{th}out respect of p^rson or favor of - any man; So helpe me God in the Lo: Jesus Christ. [1640.] - - - THE OATH OF A FREEMAN - - I, A. B. being by the P^ruidence of God an Inhabitant w^{th}in the - Jurisdiction of Conectecotte, doe acknowledge myselfe to be subiecte - to the Gouerment thereof, and doe sweare by the great and fearefull - name of the euerliueing God, to be true and faythfull vnto the same, - and doe submitt boath my p^rson and estate thereunto, according to - all the holsome lawes and orders that there are, or here after shall - be there made, and established by lawfull authority, and that I will - nether plott nor practice any euell ag^t the same, nor consent to - any that shall so doe, but will tymely discouer the same to lawfull - authority there established; and that I will, as I am in duty bownd, - mayntayne the honner of the same and of the lawfull Magestratts - thereof, p^rmoting the publike good of y^t, whilst I shall soe - continue an inhabitant there; and whensoeu^r I shall giue my voate - or suffrage touching any matter w^{ch} conserns this Comon welth - being cauled there unto, will give y^t as in my conscience I shall - judge may conduce to the best good of the same, w^{th}out respect of - p^rsons or favor of any man. Soe helpe me God in o^r Lord Jesus - Christe. Aprill the xth, 1640. - - * * * * * - - At a Generall Assembly held at Hartford, Aprill 20th, 1665, there - was presented to the Court the Propositions of his Majesty's Royal - Commission which were read and answered as follows; - - 1. That all householders inhabiting this Colony take the oath of - allegiance, and that the administration of justice be in his - Majesties name. - - To this we returne, that according to his Majesties pleasure exprest - in o^r Charter, o^r Gouernour formerly hath nominated and appoynted - meet persons to administer the oath of allegiance, whoe haue, - according to their order, administred the s^d oath to seuerall - persons allready; and the administration of justice amongst us hath - been, is and shall be in his Majesties name. - - 2nd Propos: That all men of competent estates and of ciuill - conuersation, though of different judgments, may be admitted to be - freemen, and haue liberty to chuse or to be chosen officers, both - military and ciuill. - - To the 2d, our order for admission of freemen is consonant w^{th} - that proposition. - - 3. Propos: That all persons of ciuill liues may freely injoy the - liberty of their consciences, and the worship of God in that way - which they thinke best, prouided that this liberty tend not to the - disturbance of the publique, nor to the hindrance of the maintenance - of Ministers regularly chosen in each respectiue parish or township. - - To the 3d Propos: We say, we know not if any one that hath bin - troubled by us for attending his conscience, prouided he hath not - distu^rbed the publique. - - 4 Propos: That all lawes and expressions in lawes, derogatory to his - Majestie, if any such haue bin made in these late troublesome times, - may be repealed, altered and taken off the file. - - To the 4th p^rpos: We return, we know not of any lawe or expressions - in any law that is derogatory to his Majesty amongst us; but if any - such be found, we count it o^r duty to repeal, alter it, and take it - off the file, and this we attended upon the receipt of our Charter. - [1665]. - - * * * * * - - At a Gen^{ll} Assembly for election held at Hartford, May 11, '65. - This Court declare that it is their full sense and determination - that such persons as are or hereafter shalbe approued to be freemen - of this Corporation shal take y^e Oath that is already established - vpon record to be administered to y^e respectiue freemen: And - further, that all such as shal refuse to take the said oath, though - otherwise approued p^rsons yet shal not p^rtake of the privilidges - of those that have bene formally incorporated into this civil - society, vntil y^e said Oath be administred vnto them: Provided that - this order includes not either freemen formerly admitted and sworne - or Assistants and Comissioners that haue taken their corporal oaths - or Deputies that haue bene accepted into y^e Gen^{ll} Assembly to - assist in ye concernments of this corporation. [1665.] - - - - -_In New Haven Colony._ - - -"On the 4^{th} day of the 4^{th} month called June 1639, all the free -planters of the town to be called a year later Newhaven, assembled -together in a general meetinge to consult about settling ciuill -Gouernm^t according to God. * * * Mr. John Davenport propounded divers -(6) quries to them publiquely praying them to consider seriously * * * -and to giue their answers in such sort as they would be willing they -should stand upon recorde for posterity." - -These six fundamental agreements were assented to by the lifting up of -hands twice: once at the proposal and again after when the written words -were read unto them. - -And on the 25th of October next, the following charge was given and -accepted by them: - - - FREEMAN'S CHARGE - - Yow shall neither plott, practise, nor consent, to any euill, or - hurt, against this Jurisdiction, or any part of it, nor against The - Civill Gouerment here established: And if you shall know any person - or persons w^{ch} intend, plott, or conspire anything, w^{ch} tends - to the hurt, or prjudice, of the same, you shall timely discouer the - same to Lawfull Authority here established, and you shall assist, - and be helpfull, in all the affaires of the Jurisdiction, and by all - meanes shall promoue the publique wellfare of the same, according to - yo^r place, abillity, and opportunity; you shall giue due hono^r to - the Lawfull Magistrats, and shall be obedient, and subject, to all - the wholesome Lawes, and Orders, allready made, or w^{ch} shall be - hereafter made, by Lawfull Authority afforesaide, and that both in - yo^r person, and estate, and when you shall be duely called, to giue - yo^r vote, or suffrage, in any Election, or touching any other - matter, w^{ch} concerneth this Common wellth, yow shall giue it, as - in yo^r conscience, you shall judg may conduse to the best good of - the same. [1639.] - - * * * * * - - At A Gen. Court held att Newhaven the 3^d of Aprill 1644. - - This day, a forme of an oath for the Governo^r and magistrats to - take, and another forme of an oath to be imposed upon all the - inhabitants w^thin this jurisdiction was propounded to the - consideratio of the court, who, after some serious debate and - consideratio rested satisfyed w^th the said formes. And therevpon - ordered thatt itt should be forthw^th putt in executio, and whereas - the Governo^r doth shortly intend a journey to Stamforde on other - occasions, the Court desired him to improve thatt opportunity, both - at Stamforde and att Milford, for the giveing of the oath, and the - like att Guilforde in time convenient. Itt was further ordered thatt - no person or persons shall hereafter be admitted as an inhabitant in - this jurisdictio or any of the plantations therein butt he or they - shall take the said oath vpon his or their admittance. - - * * * * * - - On the 23 of June, 1644, The formes of two oathes were propounded to - the Court to be taken the next second day in the morning, by all the - inhabitants in this plantatio, one of them is to be taken by all, - and the other by the Governo^r onely. - - * * * * * - - Att a Gen^{rll} Court held att Newhaven the 1^t of July, 1644. The - Governo^r tooke this oath as followeth, - - I [Theophilus Eaton] being att a Gen^{rll} Co^{rt} in October last, - chosen Governo^r w^thin Newhaven Jurisdictio for a yeare then to - ensue, and vntill a new Governo^r be chosen, do sweare by the great - and dreadfull name of the ever living God, to promove the publique - good and peace of the same, according to the best of my skill, and - will allso maintaine all the lawfull priviledges of this comowealth, - according to the fundamentall order and agreem^t made for governm^t - in this jurisdictio, and in like manner will endeuo^r thatt all - wholsome lawes thatt are or shall be made by lawfull authority here - established be duely executed, and will further the executio of - justice according to the righteous rules of Gods worde, so help me - God in o^r Lord Jesus Christ. - - * * * * * - - The Governo^r haveing allso received the - - - OATH OF FIDELITY - - as followeth, - - I [Theophilus Eaton] being by the providence of God an inhabitant - w^thim Newhaven Jurisdictio, doe acknowledge myselfe to be subject - to the goverm^t thereof, and doe sweare by the great and dreadfull - name of the ever living God, to be true and faithfull vnto the same, - and doe submitt both my person and my whole estate thervnto - according to all the wholsome lawes and orders thatt for present are - or hereafter shall be there made and established by lawfull - authority, and thatt I will neither plott nor practise any evill - agst the same, nor consent to any thatt shall so doe, butt will - timely discover the same to lawfull authority here established, and - thatt I will as I am in duety bounde, maintaine the hono^r of the - same and off the lawfull magistrates thereoff, promoting the - publique good of the same whilest I shall continue an inhabitant - there. And whensoever I shall be duely called a free burgesse, - according to the fundamentall order and agreem^t for governm^t in - this jurisdictio to give my vote or suffrage touching any matter - w^ch concerneth this como wealth, I will give itt as in my - conscience I shall judge may conduce to the best good of the same - w^thout respect of persons, So help me God in our Lord Jesus Christ. - - Then he gave itt to all those whose names are herevnder written, - [Two hundred and sixteen names.] [1644.] - -In May, 1665, the Colonies of Connecticut, and New Haven were united as -the Colony of Connecticut in New England. - - - OATH OF ALLEGIANCE - - Administered at New Haven, in May 1666, under powers granted by - Governor John Winthrop, according to his Maj^{ties} Charter granted - to this Colony of Connecticut in New England. - - You J[asper] C[rane], doe sweare faith and Allegeance to his - Maj^{tie} Charles y^e Second, as duty binds according to y^e word of - God. And yo^u doe hereby acknowledge that the Pope, nor any other - potentate hath powe^r or autority or iurisdiction in any of his - Maj^{ties} dominions, and y^t only his Ma^{tie} our sover^n Lord - King Charles hath under God, supreme power in his Ma^{ties} - dominions. And I doe abhor y^e detestable opinion y^t the pope hath - pow^r to Depose princes. And this I doe from my hart, soe help me - God. - -On the 31 October, 1687, Sir Edmund Andros, Knt. took over into his -hands the government of the Colony of Connecticut in New England. - - - - -_In Rhode Island and Providence Plantations._ - - -The settlement of Rhode Island by Roger Williams, being partly -occasioned by his refusal to take either the Oath of Fidelity, or the -Stranger's Oath to the Colony of Massachusetts-Bay will account for the -absence of all Oaths of Allegiance in the early history of the Colony -which he founded. From the first settlement of the Colony of Rhode -Island and Providence Plantations to the present time an Oath could not -be required of any one; but in its place is required a property -qualification and an Affirmation. - - - CIVIL COMPACT - - We whose names are hereunder, desirous to inhabit in the town of - Providence, do promise to subject ourselves in active and passive - obedience to all such orders or agreements as shall be made for - public good of the body in an orderly way, by the major consent of - present inhabitants, masters of families, incorporated together in a - Towne fellowship, and others whom they shall admit unto them only in - civil things. [Richard Scott, and twelve others.] August the 20th, - [1637.] - -This limiting of the powers of town meetings to "civil things," is the -first expression in the new world of a severance of the bonds of Church -and State, and of that principle of freedom of conscience for which the -founder had contended. This first Civil Compact was followed, on the 7th -day of the first month, 1638, by the settlers at Aquidneck, with a - - - SECOND CIVIL COMPACT - - We whose names are underwritten do here, solemnly, in the presence - of Jehovah incorporate ourselves into a Bodie Politick and as he - shall help, will submit our persons, lives and estates unto our Lord - Jesus Christ, the King of Kings and Lord of Lords and to all those - perfect and most absolute lawes of his given us in his holy word of - truth, to be guided and judged thereby. Exod. 24. 3. 4, 2 Cron. - 11.3, 2 Kings, 11. 17. [William Coddington, and eighteen others.] - - The 7th of the first month, 1638. We that are Freemen Incorporate of - this Bodie Politick do Elect and Constitute William Coddington, - Esquire, a Judge amongst us, and so covenant to yield all due honour - unto him according to the lawes of God, and so far as in us lyes to - maintaine the honour and privileges of his place which shall - hereafter be ratifyed according unto God, the Lord helping us so to - do. - - William Aspinwall, Sec'ry. - - I, William Coddington, Esquire, being called and chosen by the - Freemen Incorporate of this Bodie Politick, to be a Judge amongst - them, do covenant to do justice and Judgment impartially according - to the lawes of God, and to maintaine the Fundamentall Rights and - Privileges of this Bodie Politick, which shall hereafter be ratifyed - according unto God, the Lord helping us so to do. - - On the 3d Month, 13 day, 1638. It is ordered that none shall be - received as inhabitants or Freemen to build or plant upon the Island - but such as shall be received in by the consent of the Bodye, and do - submitt to the government that is or shall be established, according - to the word of God. [1638.] - -From this arrangement, the first recorded Act regarding freemen in the -Colony, a minority seceded, taking the Records with them, and drew up -the following instrument: - - It is agreed - - By vs whose hands are underwritten, to propagate a Plantation in the - midst of the Island or elsewhere; And doe engage ourselves to bear - equall charges, answerable to our strength and estates in common; - and that our determinations shall be by major voice of judge and - elders; the Judge to have a double voice. [William Coddington, and - eight others.] On the 28th of the 2d Month, 1639. - -Agreeing and ordering that the Plantation now begun shall be called -Newport. - -The remaining members of the Aquidneck settlement then organized a new -government. - - Aprill the 30th, 1639. - - We whose names are underwritten doe acknowledge ourselves the legall - subjects of his Majestie King Charles, and in his name doe hereby - binde ourselves into a civill body Politicke, assenting unto his - lawes according to right and matters of justice. [William - Hutchinson, and thirty associates.] - - * * * * * - - By the Body Politicke on the Ile of Agethnec, inhabiting this - present, 25 of 9 = month, 1639. - - In the fourteenth yeare of y^e Raign of our Sovereign Lord King - Charles. It is agreed, That as natural subjects to our Prince, and - subject to his Lawes, all matters that concerne the Peace shall be - by those that are officers of the Peace transacted; And all actions - of the Case or Dept, shall be in such Courts as by order are here - appointed, and by such Judges as are Deputed: Heard and Legally - Determined. - - * * * * * - - At the Generall Court of Election began and held at Portsmouth, from - the 16th of March to the 19th of the same mo., 1641. - - 1. It was ordered and agreed before the Election, that an Ingagement - by oath should be taken of all the officers of this Body now to be - elected, as likewise for the time to come; the ingagement which the - severall officers of the State shall give is this; To the execution - of this office I judge myself bound before God to walk faithfully, - and this I profess in y^e presence of God. - - 3. It is ordered and unanimously agreed upon that the Government - which this Bodie Politick doth attend vnto in this Island, and the - Jurisdiction thereof, in favour of our Prince is a Democracie, or - popular Government; that is to say, It is in the Powre of the Body - of Freemen orderly assembled, or the major part of them, to make or - constitute Just Lawes, by which they will be regulated, and to - depute from among themselves such Ministers as shall see them - faithfully executed between Man and Man. - - 16. It is ordered that Ingagement shall be taken by the Justices of - the Peace in their Quarter Sessions of all men or youth above - fifteen years of age, eyther by the oath of Fidelity, or some other - strong cognizance. - - 28. It is ordered and received, that the Ingagement that already was - given by the Freemen was and is of the same force as that oath is - which is authorized to be administered to the Inhabitants, which - oath Nicholas Easton, Rob't Jeoffreys, and Wm. Dyre did take in - presence of the Courte. - - 29. It is ordered, that if any person or persons on the Island, - whether Freeman or Inhabitant, shall by any meanes open or covert, - endeavour to bring in any other Powre than what is now established - (except it be from our Prince by lawfull commission), shall be - accounted a delinquent under the head of Perjurie. - - 30. It is ordered, that the Law of the last Court made concerning - Libertie of Conscience in point of Doctrine is perpetuated. - - - THE ENGAGEMENT OF THE OFFICERS - - You, A. B. being called and chosen vnto public employment, and the - office of ----, by the free vote and consent y^e Inhabitants of the - Province of Providence Plantations (now orderly met), do, in the - present Assemblie, engage yourself faithfully and truly to the - utmost of your power to execute the commission committed vnto you; - and do hereby promise to do neither more nor less in that respect - than that which the Colonie have or shall authorize you to do - according to the best of your understanding. - - - THE RECIPROCAL ENGAGEMENT OF THE STATE TO Y^E OFFICERS - - We, the Inhabitants of the Province of Providence Plantations being - here orderly met, and having by free vote chosen you ----, to public - office and officers for the due administration of Justice and the - execution thereof throughout the whole Colonie, do hereby engage - ourselves to the utmost of our power to support and vphold you in - your faithfull performance thereof. [1641.] - - This Engagement was also agreed to by the Court of Commissioners and - Election. September y^e 13th, 1654. - - It is ordered by the present Assemblie, that this is y^e engagement - of y^e Generall officers any former forme to the contrarie - notwithstandinge. - - * * * * * - - At the General Court of the 21st of May, 1661, the words: "in his - Majesties name" was added after ("now orderly met"). - - * * * * * - - And Att a Generall Assembly of the Collony of Rhode Iland and - Providence Plantations the 4th of May, 1664: - - This Assembly alsoe declareth against any parson acting in any - publike office, except hee first take the engagement according to - the forme hear subjoyned. - - You, A. B., &c., sollemly engage to be true and faythfull vnto our - Soveraigne Lord the King, Charles the Second, of England, Scotland, - France and Ireland, and dominiones and terrytoryes therevnto - belonging; and to his sayd Majesty, his heirs and successors, true - allegeance to beare and exicute your commission, charge and office, - according to the best of your skill and knowledge without - partiallyty or affection to any; and that according to the lawes - already established, or to be established in this Colony. This - ingagement you make and ingage to obsearve, vnder the penalty of - perjury.... - - At the taking of the ingagement by any, ther must bee a - re-engagement given in the Colloneys name, to stand by and assist - such parsones in the exicution of ther offices and performance of - ther dutyes. - - It is alsoe the pleasuer and appoynment of this Generall Assembly, - that none presume to vote in the matters afforesayd, but such whome - this Generall Assembly expresly by ther writting shal admit as - freemen. - - The 19^{th} of the ii^{th} Month, 1645. Wee whose names are heere - after Subscribed, having obteyned a free Grante of Twenty five Akers - of Land a peece with right of Commoning, according to the said - proportion of Land; from the free Jnhabitants of this Towne of - providence; doe thankfully acsept of the same; And heereby doe - promise to yield Actiue; or passiue Obeydience to the authority of - established in this Collonye; according to our Charter; and - to all Such wholesome Lawes & Orders, that are or shall be made, by - the major consent of this Towne of Providence; As alsoe not to - clayme any Righte, to the Purchasse of the Said plantation; Nor any - privilidge of Vote in Towne Affaires; untill we shall be received as - free = Men of the said Towne of Providence. [1645.] - - - THE PREAMBLE TO THE LAW AGAINST PERJURY - - Forasmuch as the consciences of sundry men, truly conscionable, may - scruple the giving or the taking of an oath, and it would be nowise - suitable to the nature and constitution of our place, who profess - ourselves to be men of different consciences and not one willing to - force another to debar such as cannot do so, either from bearing - office among us or from giving in testimony in a case depending; be - it enacted by the authority of this present Assembly, that a solemn - profession or testimony in a court of record, or before a judge of - record, shall be accounted, throughout the whole colony, of as full - force as an oath. [1647.] - -This is the more remarkable because at this time the Friends did not yet -as a distinct Society, hold to the unlawfulness of oaths. And it is in -complete concordance with the teachings of Roger Williams. - - Acts and Orders of the Generall Assembly, sitting at Newport, May - the 3, 1665. - - Ordered, that this following shall be the forme for engaging all - officers in this Collony, called to place of publicke concernment, - &c., for the administration of justice, (viz): - - Whereas, you are, A. B., by the free vote of the freemen of this - Collony of Rhode Island and Providence Plantations, &c., called and - chosen vnto the place and office of ----, in the said Collony, &c., - doe sollemly engage true eleageance vnto his Majestye, his heires - and successors, to beare, and in your said office equall justice and - right to doe vnto all persones within this jurisdiction to the - vtmost or best of your skill and ability without partiality, - according to the laws established, or that shall be established in - this said jurisdiction; [according to the Charter as well in matters - military as civill.] And this engagement you make and give vpon the - perill of the penalty of perjury. - - The reciprocall engagement is as follows, ordered to be given by he - that takes or administers the abovesaid engagement. - - I doe, in the name and behalfe of this Collony, &c., re-ingage to - stand by you and to support you by all due assistance and - incouradgment in your performance and execution of your aforesaid - office according to your engagement. - - Ordered, that the forme of engagement aforesaid shall be used vntill - further order; any former order or forme vsed or prescribed to the - contrary, or differing herefrom notwithstanding. [1665.] These forms - were re-enacted in 1677. - -The Commission appointed by the King to assert the rights of the Crown -to the seven New England Colonies, as the first of the propositions of -his Majesty's will and pleasure in Rhode Island, proposed: - - That all householders inhabiting this Collony take the oath of - alleagence and the administration of justice be in his Majestyes - name. - - Wherevpon, and in a deepsence of his Majestyes most Royall and - wonderful grace and favour more pertickerlerly ... in his letters - pattents ... in which is expresed his ... indulgence extended to - tender consiences, differing in matters of religious worshipe and - conceanments; and more especially in matters of formes of oathes and - cerimonyes or circumstances relating therevnto, ... considering - therein the liberty of concience therein granted. - - The Assembly doe with one consent ... in all cheerfull obediance ... - and therein minding the preveledge granted to tender conciences, doe - in the first place order and declare: that whereas in this Collony - it hath ben alwayes accounted and granted a liberty to such as make - a scruple of swearing and taken an oath, that in stead thereof they - shall engage, under the penalty of false swearing, though they - sweare not in publicke engagement, as well as if they did sweare, - that therefore this most loyall and resonable engagement be given by - all men capable within this jurisdiction for their allegiance to the - King, &c. - - * * * * * - - The forme of which engagement shall be as followeth: - - You, A. B., sollemly and sincearly engage true and faithfull - aleagiance vnto his Majestye Charles the Second, King of England, - his heires and successors, to beare and due obediance vnto the lawes - established, from time to time in this jurisdiction, to yeald vnto - the vtmost of your power, according to the previlidge by his said - Majesty granted, in religioues and civill concearnments to this - Collony in the Charter; which said engagement you make vnder the - perill and penalty of perjury. [1665.] - -They further ordered that "this engagement shall be administered to all -that are already admitted freemen, and that no man shall be admitted a -freeman, and all men that are householders or aged eighteen or more, -shall take the engagement or loose the priviledge of freemen until they -give the engagement premised." The passage of this law led to a long -agitation by those who thought it to be hard on the consciences by many -whom it rendered incapable from carrying on the affairs of the -corporation. And, in the following year, the Assembly ordered and -declared, "That such as are free in their conscience so to do, give the -Engagement, or if they rather choose to give the oath of allegiance now -required in England, that shall be taken; but if there are some words in -either which, in conscience they cannot condescend to say or use, may in -open court, or before two Magistrates adopt in equivalent words -significant of allegiance and submission to yield obedience actively and -passively, to the laws made by virtue of his Majesty's authority, he -shall be restored or admitted as freeman, any former law to the contrary -notwithstanding." - - At a Court held in his Majesty's name, and under his authority, at - the towne of Westerly, in the King's Province, the 17th of - September, 1679. - - The inhabitants of Westerly, being by warrant required to appeare at - this Court to give the oath of allegiance to his Majesty, and of - fidellity to his Majesty's authority for this Collony, these persons - hereunder named appeared and gave oath, viz. [Thirty-three names.] - - The oath given by the above written persons was in these followinge - words: - - I doe truly and sincerely acknowledge, profess, testify and declare - in my conscience before God and the world, that our Soverreign Lord, - King Charles, is lawfull and rightfull King of the Realm of England, - and of all other his dominions and countries; and that the Pope, - neither of himselfe, nor by any authority of the Church, or See of - Rome, or by any other meanes with any other, hath any power or - authority to depose the King, or to dispose of his Majesty's - kingdoms or dominions, or to authorize any forreigne prince to - invade, or annoy him, or his country, or to discharge any of his - subjects from their allegiance and obedience to his Majesty; or to - give license or leave to any of them to beare armes, raise tumults, - or offer any violence or hurt to his Majesty's Royall person, State - or Government, or to any of his Majesty's subjects within his - Majesty's dominions. Alsoe I doe sweare from my heart, that - notwithstanding any declaration or sentence of ex-communication, or - deprivation, made or granted, or to be made or granted by the Pope - or his successors, or by any authority derived or pretended to be - derived from him or his See against the said King, his heires or - successors, or any absolution of the said subjects from their - obedience, I will beare faith and true allegiance to his Majesty, - his heires and successors, and him and them will defend to the - uttermost of my power against all conspiracies and attempts - whatsoever which shall be made against his or their persons, their - Crowne and dignity, by reason or clause of any such sentence or - declaration or otherwise, and will doe my best endeavour to - disclose, and make knowne unto his Majesty, his heires and - successors, all treasons and traiterous conspiracies, which I shall - know or hear of, to be against him or any of them. And I doe further - sweare that I doe from my heart, abhor, detest and abjure as impious - and herritical, this damnable doctrine and position, that princes - which be excommunicated or deprived by the Pope, may be deposed or - murthered by their subjects, or any other whatsoever. And I doe - believe and in my conscience am resolved, that neither the Pope nor - any person whatsoever, hath power to absolve me of this oath, or any - part thereof, which I acknowledge by good and full authority to bee - ministered unto me; and doe renounce all pardons and dispensations - to the contrary. And all these things I doe plainly and sincerely - acknowledge and sweare according to these express words by me - spoken, according to the plaine and common sense and understandinge - of the same words, without any equivocation or mentall evasion or - secrett reservation whatsoever. And further, I doe here solemnly - engage all true and loyall obedience unto his Majesty's authority - placed and established in this his Collony of Rhode Island and - Providence Plantations, and King's Province. And I doe make this - recognition heartily, willingly, and truly, upon the true faith of a - Christian. So help me God. [1679.] - -No further oaths, or engagements, appear until the Administration of Sir -Edmund Andros, in 1686, reduced the Colony to the nature of a County -under his government. - - - - -_In New Hampshire Colony._ - - -As there was no constituted authorities over the patent of New -Hampshire, the Exeter settlers, under the leadership of John -Wheelwright, who had purchased a tract thirty miles square from certain -Indian Sachems in April, 1638, were driven to the expedient of agreeing -upon a voluntary association for governmental purposes. The executive -and judicial functions were vested in a board of three magistrates or -elders, of whom the chief was styled Ruler. They were chosen by the -whole body of freemen, who were the electors and legislators, their -enactments, however, requiring the approval of the Ruler. An inhabitant -had to be admitted a freeman, before he could enjoy the privileges of an -elector. Under this association, an agreement was drawn up by the -Reverend John Wheelwright, their leader, as follows: - - - THE COMBINATION FOR GOVERNMENT AT EXETER, WITH THE FORMS OF OATHS FOR - RULERS AND PEOPLE - - Whereas it hath pleased the lord to moue the heart of our Dread - Soveraigne Charles by the grace of God, King of England, Scotland, - France & Ireland, to grant license & liberty to sundry of his - subjects to plant themselves in the Westerne partes of America: Wee, - his loyall subjects, brethren of the church of Exeter, situate & - lying upon the river of Piscataquacke, wh other inhabitants there, - considering w^{th} ourselves the holy will of god and our owne - necessity, that we should not live w^{th}out wholsome lawes & - government amongst us, of w^{ch} we are altogether destitute; doe in - the name of Christ & in the sight of god combine ourselves together, - to erect & set up amongst us such government as shall be to our best - discerning, agreeable to the will of god, professing ourselves - subjects to our Soveraigne Lord King Charles, according to the - libertys of our English Colony of the Massachusets & binding - ourselves solemnely by the grace & helpe of Christ & in his name & - feare to submit our selves to such godly & Christian laws as are - established in the realme of England to our best knowledge, & to all - other such lawes wch shall upon good grounds be made & inacted - amongst us according to god y^t we may live quietly & peaceably - together in all godliness and honesty. Mon. 5th d., 4th, 1639. [John - Whelewright, and thirty-four others.] - -This was soon found to be unsatisfactory to some other settlers, who -thought its expressions too lavish of loyalty to the King, and, in -consequence, of prelacy; and while they were willing to acknowledge in a -general way his sovereignty, and that they were his subjects, they had -no disposition to make any unnecessary professions of allegiance. -Another compact was then drawn of the same purport, simply acknowledging -the King to be their Sovereign, and themselves his subjects. This was -executed in due form and went into effect as the basis of government. -But it did not bear the test of trial. Curiously, because it did not -contain loyalty enough. And the original Combination was re-executed -with the following explanatory preamble: - - Whereas a certen combination was made by us, the brethren of the - Church of Exeter, with the rest of the Inhabitants, bearing date - Mon. 5th. d. 4, 1639, wh afterwards, upon the instant request of - some of the brethren, was altered, & put into such a forme of - wordes, wherein howsoever we doe acknowledge the King's Majesty our - dread Sovereigne & ourselves his subjects: yet some expressions are - contained therein wh may seeme to admit of such a sence as somewhat - derogates from that due Allegiance wh we owe to his Highnesse, quite - contrary to our true intents and meanings: We therefore doe revoke, - disannull, make voyd and frustrate the said latter combination, as - if it never had beene done, and doe ratify, confirme and establish - the former, wh wee onely stand as being in force & virtue, the wh - for substance is here set downe in manner and form following. Mon., - 2d d., 2, 1640. - -Both the Elders and the People were required to take certain prescribed -oaths, as follows: - - - THE ELDERS OR RULERS OATH - - You shall sweare by the great and dreadfull Name of the high God - maker & Gov^r of heaven and earth, and by the Lord Jesus Christ y^e - Prince of the Kings and Rulers of the earth that in his name and - feare you will Rule and Governe this people according to the - righteous will of God's Ministeringe Justice and Judgm^t upon the - workers of iniquity and Ministering due incurreagm^t and Countenance - to well doers protecting of people so farre as in you by the helpe - of God lyeth from forren Annoyance and inward disturbance that they - may live a quiett and peacable life in all godlyness and honesty. - Soe God bee helpful and gratious to you and yo^{rs} in Christ Jesus. - - - THE OATH OF THE PEOPLE - - Wee doe here sweare by the Great and dreadful name of y^e high God, - maker and Gouern^r of Heaven & earth and by the Lord Jesus X y^e - King & Savio^r of his people that in his name & fear we will submitt - o^r selves to be ruld & gouerned by, according to y^e will & Word of - God and such holsome Laws & ordinances as shall be derived theire - from by O^r honr^d Rulers and y^e Lawfull assistance with the - consent of y^e people and y^t wee will be ready to assist them by - the helpe of God in the administration of Justice and p^rservacon of - peace with o^r bodys and goods and best endeavo^{rs} according to - God, so God protect & saue us and O^{rs} in Christ Jesus. [1640.] - - - THE COMBINATION OF THE PEOPLE OF DOVER TO ESTABLISH - A FORM OF GOVERNMENT - - Whereas sundry Mischiefes and inconveniences have befaln us, and - more and greater may in regard of want of Civill Government, his - Gratious Matie haveing hitherto settled no Order for us to our - knowledge: - - Wee whose names are underwritten being inhabitants upon the River - Piscataquack have voluntarily agreed to combine our selves into a - Body Politique that wee may the more comfortably enjoy the benefit - of his Maties Lawes. And do hereby actually ingage our Selves to - Submit to his Royal Maties Lawes together with all such Orders as - shalbee concluded by a Major part of the Freemen of our Society, in - case they bee not repugnant to the Lawes of England and administered - in the behalfe of his Majesty. - - And this wee have mutually promised and concluded to do and so to - continue till his Excellent Matie shall give other Order concerning - us. - - In Witness wee have hereto Set our hands the two & twentieth day of - October in the sixteenth yeare of the Reign of our Sovereign Lord - Charles by the grace of God King of Great Brittain, France & Ireland - Defender of the Faith &c. Annoq Domi, 1640. [John Follett, and - forty-one others.] - -Under these forms the administration of the affairs of Exeter, and -Dover, went on satisfactorily until, together with Hampton and -Portsmouth, they came under the sway of Massachusetts-Bay in 1643; a -part of the price the latter were ready to pay for the extension of -their jurisdiction was that the citizens of the New Hampshire towns were -to be allowed the elective franchise without reference to their being -church members. This arrangement continued under the Laws of -Massachusetts-Bay, as a part of Norfolk County, until New Hampshire -became, in 1680, a Royal Province. - - In the Generall Lawes and Liberties of the Province of New - Hampshire, made by the Generall Assembly in Portsm^o the 16th of - March, 1679/80 and Aproved by the Presid^t and Councill. The - following is given as the status of - - - FREEMEN - - 8. It is ordered by this Assembly and the authority thereof y^t all - Englishmen being Protestants, y^t are settled Inhabitants and - freeholders in any towne of this Province, of y^e age of 24 years, - not viceous in life but of honest and good conversation, and such as - have 201 Rateable estate w^{th}out heads of persons having also - taken the oath of allegiance to his Maj^s, and no others shall be - admitted to y^e liberty of being freemen of this Province, and to - give theire votes for the choice of Deputies for the Generall - Assembly, Constables, Selectmen, Jurors and other officers and - concernes in y^e townes where they dwell; provided this order give - no liberty to any pson or psons to vote in the dispossion or - distribution of any lands, timber or other properties in y^e Towne, - but such as have reall right thereto; and if any difference arise - about s^d right of voting, it shall be judged and determined by y^e - Presid^t and Councill w^{th} the Gen^{ll} Assembly of this Province. - -This Body of Laws when sent to England for Royal approval was -disallowed. - - - - -_In Province or County of Maine._ - - -The Colonization of what is called in the Charter granted by Charles the -First to Sir Ferdinando Gorges in 1639, "The Province or Countie of -Mayne," presented many difficulties. The extraordinary governmental -powers given to the Lord-Proprietary, which were transmissible with the -property to his heirs and assigns, made of it a vast landed estate in -which there could not be much voluntary co-operation. To assist in its -government a board of Councilors was appointed who before taking office -were required to "take the Oath of Allegiance according to the forme now -used in this his highness' realme of England, and shall alsoe take the -Oath hereunto subscribed." - - - OATH OF COUNCILORS OF PROVINCE OF MAYNE - - I do swear and protest before God Allmighty and by the holy contents - of this Book to be a faithfull Servant and Councellor unto Sir - Ferdinando Gorges Knight my Lord of the Province of Mayne, and to - his heirs and assigns, to do and perform to the utmost of my power - all dutiful respects to him or them belonging, concealing their - Councells, and without respect of persons to do, perform and give my - opinion in all causes according to my conscience, and best - understanding both as I am a Councellor for hearing of causes, and - otherwise freely to give him or them my opinion as I am a Councellor - for matters of State or Common-wealths and that I will not conceal - from him or them and their Councell any matter of conspiracy or - mutinous practice against my said Lord and his heirs but will - instantly after my knowledge thereof discover the same, and - prosecute the authors thereof with all diligence and severity - according to Justice, and thereupon do humbly kiss the Book. Taken - September 2, 1639. - -On the death of Sir Ferdinando in 1647, his estate in Maine passed to -his son, John Gorges, who totally neglected his inheritance not even -replying to repeated letters from the Gorges Colonists. - -A Patent for lands on the Kennebeck River had been given to the New -Plymouth Colony in 1629. In 1649, they let the trade upon it for a -period of three years to Governor William Bradford, and four associates. -In 1652, the trade was sold to the same men for three years longer. In -that year, from actual survey, the east line of the Massachusetts-Bay -Colony was found to encroach upon the liberties of the trade sold by and -to the New Plymouth officers; and, in 1653, Thomas Prence was authorized -to summon all and every inhabitant of the Kennebeck country to assemble -and receive from him the instructions of the Plymouth General Court: "1. -That the people should take the Oath of fidelity to the State of -England, and to the government of New Plymouth. 2. That they were to be -made acquainted with the Colony laws, applicable to them, and establish -suitable rules and regulations to guide and govern them in their civil -affairs. 3. None were to be inhabitants there but such as should take -the Oath of Allegiance. 4. None could vote for an Assistant but such as -should take the Oath." - -The Oath required was in these words: - - You shall be true and faithfull to the State of England, as it is - now established, and whereas you chuse at present to reside within - the government of New Plymouth, you shall not do, or cause to be - done, any act, or acts, directly or indirectly by land or water, - that shall, or may tend to the destruction or overthrow of the whole - or part of this government, that shall be ordered, erected or - established; but shall contrarywise, hinder, oppose, or discover - such intents and purposes, as tend thereunto, to those that are in - place for the time being; that the government may be informed - thereof with all convenient speed; You shall also submitt, and - observe all such good and wholesome laws, ordinances, and officers - as are, or shall be established within the several limits thereof, - So help you God, who is the God of Truth and the punisher of - falsehood. [1653.] - -This action constituted them freemen of Massachusetts, on taking the -Oath, without the prerequisite of church membership. It was followed by -a growing discontent against the chief officers in New Plymouth being -lessees of the trade. The large returns which had been confidently -expected were not being realized, and a jealousy of the people against -those in power, finally led to the sale of the Patent, embracing seven -hundred square miles, to a committee representing the Massachusetts-Bay -Colony, for four hundred pounds. In 1677, after much controversy and -trouble with the heirs, Ferdinando Gorges, a grandson of the -Lord-Proprietary, sold his rights to the Massachusetts-Bay Colony for -one thousand two hundred and fifty pounds sterling, and the Territory of -Maine became a District of Massachusetts down to the year 1820. - - * * * * * - -The power of an Oath is a subject for the Casuist. But, in the brief -period of this paper--less than the span of life the Psalmist gives to -man--we have seen an Oath throne and dethrone monarchs; build up and -destroy flourishing Commonwealths; make and unmake Statehoods; be a -guarantee of peace, and an incentive for war. Who, under these -conflicting conditions, can measure their influence but Him in whose -name and power they are made! - - - - ------------------------------------------------------------------------- - - - - -Transcriber's note: - - 1. Spelling in oaths or quoted sections is uncorrected. - - 2. Silently corrected typographical errors. - - 3. Table of contents added by transcriber. - - - -***END OF THE PROJECT GUTENBERG EBOOK OATHS OF ALLEGIANCE IN COLONIAL NEW -ENGLAND*** - - -******* This file should be named 53843-8.txt or 53843-8.zip ******* - - -This and all associated files of various formats will be found in: -http://www.gutenberg.org/dirs/5/3/8/4/53843 - - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm -concept and trademark. 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You may copy it, give it away or re-use it -under the terms of the Project Gutenberg License included with this -eBook or online at <a -href="http://www.gutenberg.org">www.gutenberg.org</a>. If you are not -located in the United States, you'll have to check the laws of the -country where you are located before using this ebook.</p> -<p>Title: Oaths of Allegiance in Colonial New England</p> -<p>Author: Charles Evans</p> -<p>Release Date: December 31, 2016 [eBook #53843]</p> -<p>Language: English</p> -<p>Character set encoding: UTF-8</p> -<p>***START OF THE PROJECT GUTENBERG EBOOK OATHS OF ALLEGIANCE IN COLONIAL NEW ENGLAND***</p> -<p> </p> -<h4>E-text prepared by Richard Tonsing<br /> - and the Online Distributed Proofreading Team<br /> - (<a href="http://www.pgdp.net">http://www.pgdp.net</a>)<br /> - from page images generously made available by<br /> - Internet Archive<br /> - (<a href="https://archive.org">https://archive.org</a>)</h4> -<p> </p> -<table border="0" style="background-color: #ccccff;margin: 0 auto;" cellpadding="10"> - <tr> - <td valign="top"> - Note: - </td> - <td> - Images of the original pages are available through - Internet Archive. See - <a href="https://archive.org/details/oathsofallegianc00evan"> - https://archive.org/details/oathsofallegianc00evan</a> - </td> - </tr> -</table> -<p> </p> -<div class='tnotes'> -<p class='c000'><strong>Transcriber's Note:</strong></p> -<div class='covernote'> -<p class='c000'>The cover image was created by the transcriber and is placed in the public domain.</p> -</div> -<p class='c000'>If some of the characters appear as square blocks try changing the default font. -If that doesn't work then the reader should consult the iso-8859-1 (Latin-1) -text file, which will have the simple version of the same character without any macrons, -tildes, or slashes. See -<a href="http://www.gutenberg.org/files/53843/53843-8.txt">53843-8.txt</a> -(http://www.gutenberg.org/files/53843/53843-8.txt) -or <a href="http://www.gutenberg.org/files/53843/53843-8.zip">53843.zip</a> -(http://www.gutenberg.org/files/53843/53843-8.zip).<br /> -If this is unsatisfactoory, the reader should consult the original page images referred to -above. -</p> -</div> -<p> </p> -<hr class="full" /> -<p> </p> - -<div class='ph1'> - -<div class='nf-center-c1'> -<div class='nf-center c002'> - <div>OATHS OF ALLEGIANCE IN</div> - <div>COLONIAL NEW ENGLAND</div> - <div class='c001'><span class='large'>BY</span></div> - <div><span class='xlarge'>CHARLES EVANS</span></div> - </div> -</div> - -</div> -<div class='pbb'> - <hr class='pb c003' /> -</div> - -<div class='nf-center-c1'> - <div class='nf-center'> - <div><span class='xlarge'>American Antiquarian Society</span></div> - </div> -</div> - -<div> - <h1 class='c004'>OATHS OF ALLEGIANCE IN COLONIAL NEW ENGLAND</h1> -</div> - -<div class='nf-center-c1'> -<div class='nf-center c003'> - <div><span class='large'>BY</span></div> - <div><span class='xlarge'>CHARLES EVANS</span></div> - <div class='c003'><span class='sc'>Reprinted from the Proceedings of the American Antiquarian Society for October, 1921</span></div> - <div class='c003'><span class='large'>WORCESTER, MASSACHUSETTS, U.S.A.</span></div> - <div><span class='large'>PUBLISHED BY THE SOCIETY</span></div> - <div><span class='large'>1922</span></div> - </div> -</div> - -<div class='pbb'> - <hr class='pb c001' /> -</div> - -<div class='nf-center-c1'> -<div class='nf-center c002'> - <div><span class='sc'>The Davis Press</span></div> - <div><span class='sc'>Worcester, Massachusetts</span></div> - </div> -</div> - -<div class='pbb'> - <hr class='pb c001' /> -</div> -<div class='chapter'> - <h2 class='c005'>CONTENTS</h2> -</div> -<ul class='index c003'> - <li class='c006'><a href='#h4'>In England.</a> - <ul> - <li><a href='#h4a'>The Oath of Supremacy</a></li> - <li><a href='#h5'>Tenor of The Oath of Allegiance, &c. to be Taken and Subscribed by Recusants</a></li> - <li><a href='#h7'>The Oath of Abjuration</a></li> - </ul> - </li> - <li class='c006'><a href='#h7a'>In New Plymouth Colony.</a> - <ul> - <li><a href='#h8'>Combination for Foundation of Government known as The Mayflower Compact</a></li> - <li><a href='#h9'>Oath of Allegiance and Fidelity</a></li> - <li><a href='#h10'>The Oath of a Ffreeman</a></li> - <li><a href='#h10a'>The Oath of a Resident</a></li> - <li><a href='#h11'>The Oath of a Ffreeman</a></li> - <li><a href='#h12'>The Oath of a Ffreeman</a></li> - </ul> - </li> - <li class='c006'><a href='#h12a'>In Massachusetts-Bay Colony.</a> - <ul> - <li><a href='#h15'>The Oath of a Freeman, or of a Man to be made ffree.</a></li> - <li><a href='#h19'>The Oath of Residents</a></li> - <li><a href='#h20'>The Oath of a Freeman</a></li> - <li><a href='#h21'>The Oath of a Free-man</a></li> - <li><a href='#h31'>Freemans Oath</a></li> - <li><a href='#h32'>Freemans Oath</a></li> - <li><a href='#h33'>Oath of Fidelitie</a></li> - <li><a href='#h33a'>Oath of Fidelitie</a></li> - <li><a href='#h34'>Strangers Oath</a></li> - <li><a href='#h37'>Oath of Fidelitie</a></li> - <li><a href='#h37a'>Freemans Oath</a></li> - </ul> - </li> - <li class='c006'><a href='#h43'>In Connecticut and New Haven Colonies.</a> - <ul> - <li><a href='#h45'>An Oath for Paqua’ and the Plantations there</a></li> - <li><a href='#h45a'>The Oath of a Freeman</a></li> - </ul> - </li> - <li class='c006'><a href='#h47'>In New Haven Colony.</a> - <ul> - <li><a href='#h47a'>Freeman’s Charge</a></li> - <li><a href='#h48'>Oath of Fidelity</a></li> - <li><a href='#h49'>Oath of Allegiance</a></li> - </ul> - </li> - <li class='c006'><a href='#h49a'>In Rhode Island and Providence Plantations.</a> - <ul> - <li><a href='#h50'>Civil Compact</a></li> - <li><a href='#h50a'>Second Civil Compact</a></li> - <li><a href='#h52'>The Engagement of the Officers</a></li> - <li><a href='#h53'>The Reciprocal Engagement of the State to ye Officers</a></li> - <li><a href='#h54'>The Preamble to the Law Against Perjury</a></li> - </ul> - </li> - <li class='c006'><a href='#h58'>In New Hampshire Colony.</a> - <ul> - <li><a href='#h58a'>The Combination for Government at Exeter, with the Forms of Oaths for Rulers and People</a></li> - <li><a href='#h59'>The Elders or Rulers Oath</a></li> - <li><a href='#h60'>The Oath of the People</a></li> - <li><a href='#h60a'>The Combination of the People of Dover to Establish a Form of Government</a></li> - <li><a href='#h61'>Freemen</a></li> - </ul> - </li> - <li class='c006'><a href='#h61a'>In Province or County of Maine.</a> - <ul> - <li><a href='#h62'>Oath of Councilors of Province of Mayne</a></li> - </ul> - </li> -</ul> -<div class='pbb'> - <hr class='pb c001' /> -</div> - -<div><span class='pageno' id='Page_3'>3</span></div> -<div class='ph1'> - -<div class='nf-center-c1'> -<div class='nf-center c002'> - <div>OATHS OF ALLEGIANCE IN COLONIAL NEW ENGLAND</div> - </div> -</div> - -</div> - -<p class='drop-capa0_0_6 c007'>The antiquity of the custom of giving and taking -Oaths, or the debatable questions of their -observance being a religious or legal ceremony, and -whether the moral or political aspect has the greater -effect upon the minds of men, are subjects with which -this paper has nothing to do.</p> - -<p class='c000'>And as the substance of Oaths for particular -officers is to engage them to a faithful discharge of their -places and trusts to the best of their ability, it has been -considered, in general, unnecessary to give them, -especially as these offices carry with them the assumption -that the general Oaths required of all citizens have -first been complied with. No Oaths of office were -administered or required in the New Plymouth Colony, -the power of the Church being, in effect, superior to -the civil power.</p> - -<p class='c000'>For the main purpose of this paper it will not be -necessary to go further back in history than to the -reign of James the First, of England, 1603–1625, -during which time the providences of God directed -the course of the voyage of the Pilgrims away from -the Colony of Virginia to their settlement at Plymouth -in New England, in December, 1620; or to -carry the subject beyond the time, in the short-lived -reign of James the Second, 1685–1689, when, in -December, 1686, Sir Edmund Andros, knight, arrived -in Boston with a commission to govern New England, -and the Colonial period of New England came to an -end.</p> - -<div class='chapter'> - <span class='pageno' id='Page_4'>4</span> - <h2 id='h4' class='c005'><em>In England.</em></h2> -</div> - -<p class='c007'>When Henry the Eighth renounced the authority of -the Pope, in 1534, an Act of Parliament was obtained -declaring him the only supreme head of the Church in -England on the earth; and utterly abolishing the -authority of the Roman Pontiff within the British -Dominions. To give effect to this Act there was -further enacted:</p> - -<h3 id='h4a' class='c008'><span class='sc'>The Oath of Supremacy</span></h3> - -<p class='c009'>I, A. B. do utterly testifie and declare in my Conscience, that -the Kings Highness is the only Supream Governour of this -Realm, and of all other His Highness Dominions and Countries, -as well in all Spiritual and Ecclesiastical things (or causes) as -Temporal: And that no Forraign Prince, Person, Prelate, State, -or Potentate, hath, or ought to have any jurisdiction, power, -superiority, preheminence or authority, Ecclesiastical or -Spiritual within this Realm: and therefore I do utterly renounce -and forsake all forreign jurisdiction, powers, superioritie, and -authorities, and do promise that from henceforth I shall bear -Faith and true Allegiance to the Kings Highness, His Heirs and -lawful Successors, and (to my power) shall assist and defend all -jurisdiction, priviledge, preheminence, & authority granted or -belonging to the Kings Highness, His Heirs and Successors, and -united and annexed to the imperial Crown of the Realm. So -help me God, <em>&c.</em></p> - -<p class='c000'>The Act of Supremacy which broke the power of the -Roman Catholic Church in England, under Henry the -Eighth, and his successor, Edward the Sixth, was repealed -under Mary Tudor, and revived under Elizabeth, -in 1558. Following the Gunpowder Plot, James -the First, in 1605, had enacted an Oath of Allegiance, -also, which all British subjects were required to take. -This Oath of “submission and obedience to the King as -a temporal Sovereign, independent of any other power -upon earth” contained no acknowledgment of the -King as the head of the Church, and, by this omission, -Roman Catholics could take it without denying the -supremacy of the Pope in spiritual affairs:</p> - -<div> - <span class='pageno' id='Page_5'>5</span> - <h3 id='h5' class='c008'><span class='sc'>Tenor of The Oath of Allegiance, &c. to be Taken and Subscribed by Recusants</span></h3> -</div> - -<p class='c009'>I. A.B. doe truely and sincerely acknowledge pfesse -testifie and declare in my Conscience before God and the -Worlde, That our Soveraigne Lorde Kinge James is lawfull and -rightfull King of this Realme and of all other his Majesties -Dominions and Countries; And that the Pope, neither of -himselfe nor by any Authority of the Churche or Sea of Rome, -or by any other meanes with any other, hath any Power or -Authoritye to depose the King or to dispose any of his Majesties -Kingdomes or Dominions, or to authorize any Forraigne -Prince to invade or annoy hym or his Countries, or to discharge -any of his Subjects of their Allegiaunce and Obedience -to his Majestie, or to give Licence or Leave to any of them to -beare Armes raise Tumult or to offer any violence or hurte to -his Majestie Royall Pson State or Government or to any of his -Majesties Subjects within his Majesties Dominions. Also I -doe sweare from my heart, that notwithstanding any Declarac̄on -or Sentence of Excommunicac̄on or Deprivac̄on made or -graunted or to be made or graunted by the Pope or his Successors, -or by any Authoritie derived or p̄tended to be derived -from hym or his Sea against the saide King his Heires or -Successors, or any Absolution of the saide Subjects from theire -Obedience; I will beare Faithe and true Allegiaunce to his -Majestie his Heires and Successors, and hym or them will -defend to the uttermost of my power against all Conspiracies -and Attempts whatsoever which shalbe made against his or -theire persons theire Crowne and Dignitie by reason or colour -of any such Sentence or Declarac̄on or otherwise, and will doe -my best endevour to disclose and make knowen unto his -Majestie his Heires and Successors all Treasons and traiterous -Conspiracies which I shall knowe or heare of to be against -hym or any of them. And I doe further sweare, That I doe -from my heart abhor, detest and abjure as impious and -hereticall this damnable Doctrine and Position, that Princes -which be excōmunicated or deprived by the Pope may be -deposed or murthered by theire Subjects or any other whosoever. -And I doe beleeve and in my Conscience am resolved, -that neither the Pope nor any pson whatsoever hath power to -absolve me of this Oath or any parte therof, which I acknowledge -by good and full Authoritye to be lawfully ministered -unto mee, and doe renounce all Pardons and Dispensac̄ons to -the contrarie; And all these things I do plainly and sincerely -acknowledge and sweare, according to these expresse wordes by -me spoken, and according to the playne and cōmon sense and -understanding of the same wordes, without any equivocac̄on -<span class='pageno' id='Page_6'>6</span>or mentall evasion or secret reservac̄on whatsoever; And I doe -make this recognic̄on and acknowledgment heartily willingly -and truly upon the true Faithe of a Christian: So help me -God. Unto which Oath so taken, the saide pson shall subscribe -his or her Name or Marke. [1605.]</p> - -<p class='c000'>Both of these Oaths were commanded during the -reign of Charles the First, 1625–1649.</p> - -<p class='c000'>By the third Charter of the Virginia Company, their -Treasurer, or any two of the Council, were empowered -to administer the Oaths of Supremacy, and of Allegiance, -to all persons going to their Colony. And the -Pilgrims, through their chief men, agreed with the -Virginia Company: “The Oath of Supremacy we -shall willingly take, if it be required of us, if that -convenient satisfaction be not given by our taking -the Oath of Allegiance. John Robinson. William -Brewster.”</p> - -<p class='c000'>The Charter of the Massachusetts-Bay Company -gave them broader powers in that it did not exact -this provision from them but gave the Company -liberty to admit new members, called “Freemen” of -the Company, and no method, conditions, or qualifications -were presented for conferring this privilege. -Their leaders, as we shall see, were quick to take advantage -of the opportunity given them to frame their -own Oaths of citizenship. Too late the government -in England, or rather that part which was representative -of the Church of England, realized the powers of -colonization this gave the dissenting churchmen; and, -in 1637, a Proclamation was issued, aimed principally -to prevent the emigration of Puritan Ministers, which -commanded that none should be suffered to go to New -England “without a certificate that they had taken -the Oaths of Supremacy and Allegiance, and had conformed -to the discipline of the Church of England.” -In 1638, another Proclamation “commanded owners -and masters of vessels that they do not fit out any with -passengers and provisions to New-England, without -license from the Commissioners of Plantations.”</p> - -<p class='c000'><span class='pageno' id='Page_7'>7</span>Another Oath, drawn up in England, also claims a -place here because it was sometimes voluntarily taken -by settlers in the New England Colonies. In the year -1655, during the Protectorate of Oliver Cromwell, an -Oath, probably similar to that prescribed by the -Rump Parliament to the Council of State, was enacted -which was known as:</p> - -<h3 id='h7' class='c008'><span class='sc'>The Oath of Abjuration</span></h3> - -<p class='c009'>I do hereby swear that I do renounce the pretended title of -Charles Stuart, and the whole line of the late King James; and of -any other person, as a single person pretending, or which shall -pretend to the crown or government of these nations of England -Scotland and Ireland, or any of them; and that I will, by the -grace and assistance of Almighty God, be true, faithful and -constant to the Parliament, and Commonwealth; and will -oppose the bringing in, or setting up any single person or House -of Lords, and every of them, in this Commonwealth.</p> - -<p class='c000'>Soon after the Restoration, Charles the Second, -by Proclamation commanded that the Oaths of -Supremacy and Allegiance be tendered to all persons -disaffected to the Government and, in case of refusal, -that they were to be prosecuted under the Statute of -the 7th of James. During the reign of his Roman -Catholic successor, James the Second, the Oath of -Supremacy was allowed to lapse, and the Oath of -Allegiance, only, was in full force in the Colonies, up to -the publication of his declaration of liberty of conscience -for all denominations in England and Scotland, -in 1687–1688, which sealed his doom.</p> - -<p class='c000'>These preliminaries are necessary to a full understanding -of our subject which naturally begins, in point -of time, with the settlement</p> - -<div class='chapter'> - <h2 id='h7a' class='c005'><em>In New Plymouth Colony.</em></h2> -</div> - -<p class='c007'>Strictly speaking, Plymouth was not a New England -Colony. It was without a Charter, and the functions -of its government were those of a Corporation. The -power of the Oath of Allegiance their leaders had -<span class='pageno' id='Page_8'>8</span>assented to always seemed to hang over them, and -paralyze the initiative they should have taken. Their -attempts to increase their circumscribed boundaries at -New Plymouth were futile; and, in the case of their -attempted settlement in Maine, disastrous both to the -business reputation of their leaders, and to the Corporation. -They could spare neither the men nor the -means from the parent settlement to form permanent -settlements elsewhere. They seemed doomed to -failure. And yet hardly that, when we consider the -impress upon our Nation made by their sterling -qualities of mind and heart, their patience and fortitude -under severe trials, the hopes and ambition of -their teachings, and their never-failing trust in God’s -Providence. These high qualities still animate and -live in the great and growing number who proudly -claim their ancestry from the Pilgrims at New Plymouth.</p> - -<h3 id='h8' class='c008'><span class='sc'>Combination for Foundation of Government</span><br /> known as<br /> <span class='sc'>The Mayflower Compact</span></h3> - -<p class='c009'>In y<sup>e</sup> name of God, Amen. We whose names are underwriten, -the loyall subjects of our dread soveraigne Lord, -King James, by y<sup>e</sup> grace of God, of Great Britaine, Franc, & -Ireland, king, defender of y<sup>e</sup> faith, &c. haveing undertaken, -for y<sup>e</sup> glorie of God, and advancement of y<sup>e</sup> Christian faith, and -honour of our king and countrie, a voyage to plant y<sup>e</sup> first -colonie in y<sup>e</sup> Northerne parts of Virginia, doe by these presents -solemnly & mutualy in y<sup>e</sup> presence of God, and one of another, -covenant & combine our selves togeather into a civill body -politick, for our better ordering & preservation & furtherance -of y<sup>e</sup> ends aforesaid; and by vertue hearof to enacte, constitute, -and frame such just & equall lawes, ordinances, acts, constitutions, -& offices, from time to time, as shall be thought most -meete & convenient for y<sup>e</sup> generall good of y<sup>e</sup> Colonie, unto -which we promise all due submission and obedience. In -witnes wherof we have hereunder subscribed our names at -Cap-Codd y<sup>e</sup> 11 of November, in y<sup>e</sup> year of y<sup>e</sup> raigne of our -soveraigne lord, King James, of England, France, & Ireland -y<sup>e</sup> eighteenth, and of Scotland y<sup>e</sup> fiftie fourth. An<sup>o</sup>: Dom. -1620. [Forty-one names.]</p> - -<p class='c000'><span class='pageno' id='Page_9'>9</span>The Mayflower Compact has received full and -adequate treatment in the paper read before this -Society in October, 1920, by Arthur Lord, LL.D.</p> - -<p class='c000'>The exact date of the two forms of Oaths first given -has not been determined, but they are certainly later -than the formation of the first Council in 1624.</p> - -<h3 id='h9' class='c008'><span class='sc'>Oath of Allegiance and Fidelity</span></h3> - -<p class='c009'>The forme of Oath ... which liue in this Colonie -... the Oth of alegance to his maj ... -fidelity to the same.</p> - -<p class='c010'>You shall sweare by the name of the Great God ... -& earth & in his holy fear, & presence that you shall not speake, -or doe, deuise, or aduise, anything or things, acte or acts, directly, -or indirectly, By land, or water, that doth, shall, or may, tend -to the destruction or ouerthrowe of this present plantation, -Colonie, or Corporation of this towne Plimouth in New England.</p> - -<p class='c010'>Neither shall you suffer the same to be spoken, or done, but -shall hinder, & oposse the same, by all due means you can.</p> - -<p class='c010'>You shall not enter into any league, treaty, Confederac̄ or -combination, with any, within the said Colonie or without the -same that shall plote, or contriue any thing to the hurte, & -ruine of the growth, and good of the said plantation.</p> - -<p class='c010'>You shall not consente to any shuch confederation, nor conceale -any known vnto you certainly, or by conje but shall -forthwith manifest & make knowne the same, to the Gouernours -of this said towne for the time being.</p> - -<p class='c010'>And this you promise & swear, simply, & truly, & faithfully to -performe as a true christian [you hope for help from God, the -God of truth & punisher of falshoode.]</p> - -<p class='c010'>The forme of the Oath which ... of the -Gouernour, & Counsell at euery Election of any of them.</p> - -<p class='c010'>You shall swear, according to that wisdom, and measure of -discerning giuen vnto you; faithfully, equally & indifrently -without respect of persons; to administer Justice, in all causes -coming before you. And shall labor, to aduance, & furder the -good of this Colony, & plantation, to the vtmost of your power; -and oppose any thing that may hinder the same. So help you -God.</p> - -<p class='c000'>The words, “a true Christian” were afterwards -crossed out, and the form used later: “as you hope -for help from God, the God of truth and punisher of -falsehood” was substituted.</p> - -<p class='c000'><span class='pageno' id='Page_10'>10</span>By the Laws of 1636, every freeman was required to -take the following Oath:</p> - -<h3 id='h10' class='c008'><span class='sc'>The Oath of a Ffreeman</span></h3> - -<p class='c009'>You shall be truly loyall to our Sov Lord King Charles, his -heires & successors, [the State & Govern<sup>t</sup> of England as it now -stands.] You shall not speake or doe, devise or advise any -thing or things act or acts directly or indirectly by land or water, -that doth shall or may tend to the destrucc̄on or overthrow of -this pr̄nt plantac̄ons Colonies or Corporac̄on of New Plymouth, -Neither shall you suffer the same to be spoken or done but shall -hinder oppose & discover the same to the Govr̄ & Assistants of -the said Colony for the time being or some one of them. You -shall faithfully submit unto such good & wholesome laws & -ordnanc & as either are or shall be made for the ordering & -governm<sup>t</sup> of the same, and shall endeavor to advance the growth -& good of the severall Colonies plantations w<sup>th</sup> in the limit & -of this Corporac̄on by all due meanes & courses. All w<sup>ch</sup> you -promise & sweare by the name of the great God of heaven & -earth simply truly & faithfully to pforme as you hope for help -frō God who is the God of truth & punisher of falsehood. [1636]</p> - -<p class='c000'>Following the outbreak of civil war in England in -1638, the words “our sovereign lord King Charles his -heirs and successors” were erased, and loyalty to -“the State and Government of England as it now -stands” substituted. The modern rendering intermixed -is probably an attempt by the transcriber to fill -out missing or undecipherable paragraphs or sentences.</p> - -<p class='c000'>According to Francis Baylies’ “Historical Memoir -of New Plymouth,” (I: 235,) the following Oath was -prescribed to be taken by any residing in the government -of New Plymouth:</p> - -<h3 id='h10a' class='c008'><span class='sc'>The Oath of a Resident</span></h3> - -<p class='c009'>You shall be truly loyal to our sovereign lord King Charles, -his heirs and successors, and whereas you choose at present to -reside within the government of New Plymouth, you shall not -do or cause to be done any act or acts directly or indirectly, by -land or water, that shall tend to the destruction or overthrow of -the whole or any of the several plantations or townships within -the said government that are or shall be orderly erected or -established, but shall contrariwise hinder, oppose, and discover -<span class='pageno' id='Page_11'>11</span>the same, and such intents and purposes as tend thereunto, to -the Governor for the time being, or some one of the assistants -with all convenient speed. You shall also submit unto and -obey all such good and wholesome laws, ordinances, and offices -as are or shall be established within the limits thereof. So help -you God. [1636.]</p> - -<p class='c000'>The disturbed state of England is also reflected in -the 1658 revision of the Laws when “our sovereign -lord the King, his heirs and successors” is substituted -for “the present State and Government of England,” -as follows:</p> - -<h3 id='h11' class='c008'><span class='sc'>The Oath of a Ffreeman</span></h3> - -<p class='c009'>You shalbee truely Loyall to the present State and Goūment -of England [our Sou<sup>r</sup> Lord the King his heires and Successors.] -You shall not speake or doe deuise or aduise Any thinge or -thinges Acte or Actes directly or Indirectly by Land or Water -that doth shall or may tend to the destruction or ouerthrow of -these present plantations or Townshipes of the Corporation of -New Plymouth neither shall you suffer the same to bee spoken -or done but shall hinder oppose and discouer the same to the -Gou<sup>r</sup> And Assistants of the said Collonie for the time being; -or some one of them; you shall faithfully submitt vnto such -good and wholesome Lawes and ordinances as either are or -shalbee made for the ordering and Gou<sup>r</sup>ment of the same; and -shall Indeuor to aduance the grouth and good of the seuerall -townshipes and plantations within the Lymetts of this Corporation -by all due meanes and courses; All which you pmise and -Sweare by the Name of the great God of heauen and earth -simply truely and faithfully to pforme as you hope for healp -from God who is the God of truth and the punisher of falchood. -[1658.]</p> - -<p class='c000'>At the time of the 1671 revision of the Laws, Charles -the Second had been firmly seated on the English -throne for ten years, but his name is omitted from the -superscription of the following Oath. The intensity of -the feeling in the New England Colonies towards even -the name of the two kings is shown in the fact that -until after the middle of the next century Harvard -College had only three graduates, if the three Charles -Chaunceys, with whom it was a family name in England, -are omitted, and Yale College only one graduate -who bore the Christian name of Charles.</p> - -<div> - <span class='pageno' id='Page_12'>12</span> - <h3 id='h12' class='c008'><span class='sc'>The Oath of a Ffreeman</span></h3> -</div> - -<p class='c009'>You shalbee truely Loyall to our Sou<sup>r</sup> Lord the Kinge his -heires and Successors; you shall not doe nor speake deuise or -aduise any thinge or thinges act or actes directly or Inderectly -by Land or water; that shall or may tend to the destruction or -ouerthrow of any of these plantations or towneshipes of the -Corporation of New Plymouth; neither shall you suffer the same -to bee spoken or done but shall hinder oppose and discouer the -same to the Gou<sup>r</sup> and Assistants of the said Collonie for the -time being or some one of them; you shall faithfully submitt -vnto such good and wholesome lawes and ordinances; as either -are or shalbee made for the ordering and Gou<sup>r</sup>ment of the same; -and shall endeauor to advance the good and grouth of the -seuerall Towneshipes and plantations within the Lymetts of -this Corporation by all due meanes and courses; all which you -p<sup>r</sup>mise and sweare by the Name of the great God of heauen -and earth simply truely and faithfully to pforme as you hope -for healpe from God whoe is the God of truth and the punisher -of ffalchood. [1671.]</p> - -<div class='chapter'> - <h2 id='h12a' class='c005'><em>In Massachusetts-Bay Colony.</em></h2> -</div> - -<p class='c007'>When on the 4th of March 1628/9, Charles, “by the -grace of God, Kinge of England, Scotland, Fraunce, -and Ireland, Defender of the Fayth, &c. in the fourth -yeare of our raigne” did by letters patent grant unto -Sir Henry Rosewell and his twenty-five associates, -their heirs and assigns forever, all that certain part of -the grant of New England which his “deare and royall -father, Kinge James of blessed memory ... hath -given and graunted vnto the Counsell established at -Plymouth in the County of Devon” and which the -said Council by deed dated the 19th of March, 1627/8, -had “given, graunted, bargained, soulde, enfeoffed, -aliened and confirmed” to Sir Henry Rosewell, Sir -John Young, Knightes, Thomas Southcott, John -Humphrey, John Endecott and Symon Whetcombe, -their heirs and associates forever, “To be houlden of vs -our heires and successors, as of our manor of Eastgreenewich, -in the County of Kent, within our realme -of England,” under the name of the “Governor and -Company of the Mattachusetts Bay in Newe England, -<span class='pageno' id='Page_13'>13</span>one bodie politique and corporate in deede, fact, and -name, ... and that by that name they shall have -perpetuall succession,”—may acquire lands, &c. have -a common seal; and that there shall be one Governor, -one Deputy Governor, and eighteen assistants to be -chosen out of the freemen. He went farther, and -constituted “our welbeloved Mathewe Cradocke to be -the first and present Governor; Thomas Goffe to be -Deputy Governor, and eighteen of the other associates -to be Assistants, who before they undertake the -execution of their offices and places shall respectively -take their corporal oaths for the faithful performance -of their duties.” The Oath for Matthew Craddock, as -Governor, to be administered by a Master of the -Chancery, the Governor was then empowered to -administer the oaths to the Deputy Governor and -Assistants nominated in the Charter. Oaths to subsequent -officers being arranged: the new Governor to -take the Oath before the old Deputy Governor, or -two Assistants; and the new Deputy Governor, -Assistants and all other officers hereafter chosen to -take the oath before the Governor for the time being. -They were empowered to transport any of our loving -subjects, or any strangers willing to become our loving -subjects, and any seven at least of their number had -“full power and authoritie to choose, nominate, and -appointe such and soe many others as they shall thinke -fitt, and that shall be willing to accept the same, to be -free of the said Company and Body, and Them into -the same to admitt.” All subjects inhabiting the -lands granted, and their children “which shall happen -to be borne there, or on the seas in goeing thither, or -retorning from thence shall have and enjoy all liberties -and immunities of free and natural subjects, ... as -yf they and everie of them were borne within the realme -of England.” And the Governor and Deputy Governor, -and any two or more of the Assistants, at any of -their Courts or Assemblys shall and may at all times -have full power to give the Oath of Office and Oaths of -<span class='pageno' id='Page_14'>14</span>Supremacy and Allegiance, or either of them, to every -person who may go to New England to inhabit in the -same. They were also authorized to make “the -formes of such Oathes warrantable by the lawes and -statutes of this our realme of England as shalbe respectivelie -ministered vnto them, for the execuc̄on of -the said severall offices and places ... and ministring -the said oathes to the newe elected officers.”</p> - -<p class='c000'>At the end of the Charter appeared the Oath of -Governor:</p> - -<p class='c010'><span lang="la" xml:lang="la">PRÆDICT, Matthaeus Cradocke Juratus est de Fide et -Obedientiâ Regi et Successoribus suis, et de Debitâ Exequutione -Officij Gubernatoris iuxta Tenorem P<sup>r</sup> sentium, 18<sup>o</sup> Martij, -1628. Coram me, Carola Cæsare, Milite, in Cancellariâ Mr̃o.</span></p> - -<div class='lg-container-r c011'> - <div class='linegroup'> - <div class='group'> - <div class='line'>Char. Cæsar.</div> - </div> - </div> -</div> - -<p class='c000'>By this Charter, under the privy seal of Cardinal -Wolseley, was, unwittingly, planted the seed of the -fairest flower that ever bloomed in the garden of -colonization since Eden.</p> - -<p class='c000'>Up to August, 1630, the business of the Massachusetts-Bay -Company was transacted in London. -But the business of the Massachusetts-Bay Colony -may be said to have really begun in May, 1631.</p> - -<p class='c000'>At “A Gen<sup>r</sup>all Court holden att Boston, the 18th -day of May, 1631. John Winthrop, Esq̃ was chosen -Goun<sup>r</sup> for a whole yeare nexte ensueinge by the -gen<sup>r</sup>all consent of the Court, according to the meaneing -of the pattent, and did accordingly take an oathe to -the place of Goun̄<sup>r</sup> belonginge.”</p> - -<p class='c000'>“Tho: Dudley, Esq̃, is also chosen Deputy -Gouñ<sup>r</sup> for this yeare nexte ensuing, & did in p<sup>r</sup>sence of -the Court take an oath to his place belonginge.” -And “to the end the body of the com̄ons may be -p<sup>r</sup>serued of honest & good men, it was likewise ordered -and agreed that for time to come noe man shalbe -admitted to the freedome of this body polliticke, but -such as are members of some of the churches within -the lymitts of the same.”</p> - -<p class='c000'><span class='pageno' id='Page_15'>15</span>The Law that all freemen must be church members, -while assented to in Salem in 1631, was modified in -1632, probably for local reasons, that no civil magistrate -could be an elder in the church.</p> - -<p class='c000'>To give force to this law an Oath of Freemen was -required, and this service the newly appointed -Governor and the Deputy Governor elected to perform. -The result of their labors, the original draft -of the Oath of a Freeman, in the handwriting of the -first and greatest of the Governors of the Commonwealth -of Massachusetts, and the Oath of a Servant, -in the handwriting of the second Governor—a document -perhaps only surpassed in historical interest and -importance by, and worthy to rank with, the Declaration -of Independence—is now, appropriately, in the -possession of the Public Library of the City of Boston, -and its preservation assured.</p> - -<p class='c000'>Through the courtesy of the Trustees, this Society is -permitted again to give publicity to the excellent facsimiles -of these interesting documents, together with -transcriptions of the somewhat obscure handwriting, -with interlineations and cancelled words showing, line -for line, the changes made by the authors, which first -appeared in the <cite>Bulletin</cite> of the Library for July, 1894.</p> - -<h3 id='h15' class='c008'><span class='sc'>The Oath of a Freeman, or of a Man to be made ffree.</span></h3> - -<p class='c009'>I, A. B. &c. being, by the Almighties most wise disposic̄on, become -a memb<sup>r</sup> of this body, consisting of the Goūn<sup>r</sup>, Deputy -Goūn<sup>r</sup>, Assistants, & a com<sup>n</sup>lty of the Mattachusets in Newe -England, doe, freely & sincerely acknowledge that I am iustly & -lawfully subject to the goūm<sup>t</sup> of the same, & doe accordingly submitt -my pson & estate to be ptected, ordered, & goūned by the -lawes & constituc̄ons thereof, & doe faithfully pmise to be from -time to time obedient & conformeable therevnto, & to the -authie of the said Goūn<sup>r</sup> & Assistants & their success<sup>r</sup>s, & to all -such lawes, orders, sentences, & decrees as shalbe lawfully made -& published by them or their successors; and I will alwaies indeav<sup>r</sup> -(as in dutie I am bound) to advance the peace & wellfaire -of this bodie or com̄onwealth to my vtmost skill & abilitie; -& I will, to my best power & meanes, seeke to devert & prevent -whatsoeuer may tend to the ruyne or damage thereof, or of any -the said Goūn<sup>r</sup>, Deputy Goūn<sup>r</sup>, or Assistants, or any of them, or -their success<sup>r</sup>s, and will giue speedy notice to them, or some of -them, of any sedic̄on, violence, treachery, or other hurt or euill -which I shall knowe, heare, or vehem<sup>t</sup>ly suspecte to be plotted -or intended against the said com̄onwealth, or the said goum<sup>t</sup> -established; and I will not att any time suffer or giue consent to -any counsell or attempt that shalbe offered giuen, or attempted -for the impeachm<sup>t</sup> of the said goūm<sup>t</sup>, or makeing any change or -alterac̄on of the same, contrary to the lawes & ordinances thereof, -but shall doe my vtmost endeav<sup>r</sup> to discover, oppose, & -hinder, all & eūy such counsell & attempts. Soe helpe me -God. [1631.]</p> - -<div class='figcenter id001'> -<span class='pageno' id='Page_16'>16</span> -<img src='images/i_017.jpg' alt='' class='ig001' /> -<div class='ic001'> -<p>Fac-simile of the Freemen’s Oath<br /><br /><br /> The oath of a serv<sup>t</sup>.<br /><br />I. N. N. serv<sup>t</sup> of &c. haveinge heard and vnderstoode that our—soveraigne Lord Kinge Charles hath by his łres patents vnder the great seale of England graunted power and aucthoryty vnto a Governo<sup>r</sup> a Deputy Governo<sup>r</sup> &. 18. Assistants to rule governe & Judge all ꝑsones wch doe or shall inhabyte <del>in or</del> betweene <del>the</del> Charles ryver &. 3. myles southward & merimack ryver &. 3. myles northwards in new England & soe westwards to the south sea, <del>beinge</del> wthin wch <del>compa</del> lymitts I doe nowe—inhabyt<br /><br />Doe promise <del>to be</del> at all tymes hereafter Dureinge my abode in America <ins>to be</ins> obedyent to all lawes orders constitutions & comaunds wch by the <del>s b</del> said Governo<sup>r</sup> Deputy Governo<sup>r</sup> and assistants <ins>for the tyme being</ins> or the greater ꝑte of them shall be <ins>lawfully</ins> made or given—forth & shall come to my <del>k</del> heareinge, And to be true and faith full to them & their governemt, And I likewise promise that if I shall know <ins>heare of <del>or heare of</del> or suspect</ins> <del>of</del> any hurt or losse intended against any of them I will reveale the same to one or more of them wth all convenyent—speede, And to bind my selfe to the faithfull ꝑformance of this promise, I sweare by the name of the onely true God the lover of truth & the avenger of falshood</p> -</div> -</div> - -<div class='figcenter id001'> -<span class='pageno' id='Page_17'>17</span> -<img src='images/i_018.jpg' alt='' class='ig001' /> -<div class='ic001'> -<p> The oath of a man <ins>free or</ins> to be made free.<br /><br />I. N. N. vt supra. and <ins><del>being</del></ins> <del>having likewise heard and vnderstoode</del> said. N.N. <del>of</del> being now by the said Governo<sup>r</sup> & assistants to be made a free man of the said plantac̄on & <ins>thereby enabled</ins> to have a voice in the choise of the said. 20. Deputed ꝑsones soe aucthorised as aforesaid as <del>the sai</del> any of their places are or shalbe voide <del>and I shalbe therevnto called in a lawfull assembly, doe hereby promise vt supra</del> I doe promise that <del>when I s</del> at all tymes when I shalbe there vnto lawfully called by the said Governem<sup>t</sup>, to give my voice for the electing of such ꝑsone <del>therevnto</del> & ꝑsones vnto such voide places as I <del>the</del> shall <del>und</del> thinke to be <del>the wisest godliest & ablest for the discharg</del> men of wisedome & courage—feareinge God & hateing covetousnes all ꝑtyalyty <del>& by</del> sett aside, and to bind &c vt supra.</p> -</div> -</div> - -<div class='figcenter id001'> -<span class='pageno' id='Page_18'>18</span> -<img src='images/i_019.jpg' alt='' class='ig001' /> -<div class='ic001'> -<p> The Oath of ffreemen:<br /><br />I A: B: &c: <del>beinge</del> beinge by the Allmightyes most wise despositiō become a member of this bodye consisting of the Governor <ins>Deputye</ins> Assistants & Com̄onalty of the Mattachusetts in n: e: doe freely & sincerely acknowledge that I am iustlye & lawfully subiect to the Goverment <del>there</del> of the same <ins><del>both Civill & Ecclesiasticall</del></ins> & doe accordingly submitt my ꝑson & estate to be protected ordered & governed by the Lawes & Constitutns therof: & doe faithfully promise to be from tyme to tyme obedient & conformable therevnto, & to the Authe of the sd Governor & Assistants & their successors, & to all such Lawes orders sentences & decrees as shalbe <ins>lawfully</ins> made & published by them or their successors. And I will allwayes endeavo<sup>r</sup> (as in dutye I am bounde) to advance the peace & wellfare of this bodye or Com: w: to my vttmost <del>power</del> <ins>skill & ability.</ins> <del>&</del> And I will to my <del>vtmost power</del> best <del>ability</del> power & meanes seeke to deverte & prevent whatsoever may tende to the ruyne or damage thereof or of any the sd Governor Deputy Governor <del>&</del> <ins>or</ins> Assistants or any of them or their successors: & will give spedye notice to them or some of them of any <del>evill</del> seditiō, violence, treacherye or other hurt or evill, wch I shall knowe, heare, or vehemently suspecte to be <del>intended or</del> plotted or intended ag<sup>t</sup> them <del>sd</del> or ag<sup>t</sup> the said <del>Goverment</del> Com: w: or the sd Goverm̄ established:<br /><br />And I will not at any tyme suffer or give Consent to any Counsell or Attempt that shalbe offered <del>or</del> given or Attempted for the impeachment of the sd Goverment or makinge any change or Alteratiō of the same, contrary to the Lawes & <del>Customes</del> ordinances <del>of the same</del> thereof, but shall doe my vtmost endeavo<sup>r</sup> to discover & oppose & hīer all & everye such Counsells</p> -</div> -</div> - -<hr class='c012' /> - -<p class='c010'><span class='pageno' id='Page_19'>19</span>Att a Gen<sup>r</sup>all Court, holden att Newe Towne [Cambridge]. -March 4th, 1634.</p> - -<p class='c010'>It is further ordered that eūy man of or above the age of sixteene -yeares, whoe hath bene, or shall hereafter be, resident -within this iurisdicc̄on by the space of sixe monethes, (as well -servants as others,) & not infranchized, shall take the oath of -residents before the Goūn<sup>r</sup>, Deputy Goūn<sup>r</sup>, or two of the nexte -Assistants, whoe shall haue power to convent him for that purpose, -& vpon his refuseall, to binde him ouer to the nexte -Court of Assistants, & vpon his refuseall the second tyme, to -be punished att the discrec̄on of the Court.</p> - -<p class='c010'>It is ordered that the ffreemens oath shalbe gyven to eūy man -of or above the age of 16 yeares, the clause for the elecc̄on of -magistrates onely excepted.</p> - -<hr class='c012' /> - -<p class='c010'>At A Court holden att Boston, Aprill 1th, 1634.</p> - -<p class='c010'>It was further ordered, that eūy man of or above the age -of twenty yeares, whoe hath bene or shall hereafter be resident -within this jurisdicc̄on by the space of sixe monethes, as an -householder or soiorner, and not infranchised, shall take the -oath herevnder written, before the Goūn<sup>r</sup>, or Deputy Goūn<sup>r</sup>, or -some two of the nexte Assistants, whoe shall haue power to -convent him for that purpose, and vpon his refuseall, to binde -him ouer to the nexte Court of Assistants; and vpon his refuseall -the second tyme, hee shalbe banished, except the Court shall see -cause to giue him further respite.</p> - -<h3 id='h19' class='c008'><span class='sc'>The Oath of Residents</span></h3> - -<p class='c009'>I doe heare sweare, and call God to witnes, that, being nowe -an inhabitant within the lymitts of this juridicc̄on of the Massachusetts, -I doe acknowledge myselfe lawfully subject to the aucthoritie -and gouerm<sup>t</sup> there established, and doe accordingly -submitt my pson, family, and estate, to be ptected, ordered, & -gouerned by the lawes & constituc̄ons thereof, and doe faithfully -pmise to be from time to time obedient and conformeable -<span class='pageno' id='Page_20'>20</span>therevnto, and to the aucthoritie of the Goūn<sup>r</sup>, and all other the -Magistrates there, and their success<sup>r</sup>s, and to all such lawes, -orders, sentences, & decrees, as nowe are or hereafter shalbe lawfully -made, decreed, & published by them or their success<sup>r</sup>s. -And I will alwayes indeav<sup>r</sup> (as in duty I am bound) to advance -the peace & wellfaire of this body pollitique, and I will (to my -best power & meanes) seeke to devert & prevent whatsoeuer may -tende to the ruine or damage thereof, or of y<sup>e</sup> Goūn<sup>r</sup>, Deputy -Goūn<sup>r</sup>, or Assistants, or any of them or their success<sup>rs</sup>, and will -giue speedy notice to them, or some of them, of any sedic̄on, -violence, treacherie, or oth<sup>r</sup> hurte or euill w<sup>ch</sup> I shall knowe, -heare, or vehemently suspect to be plotted or intended against -them or any of them, or against the said Com̄on-wealth or -goum<sup>t</sup> established. Soe helpe mee God. [1634.]</p> - -<hr class='c012' /> - -<p class='c010'>Att a Gen<sup>r</sup>all Courte, holden att Boston, May 14th, 1634.</p> - -<p class='c010'>It was agreed & ordered, that the former oath of ffreemen -shalbe revoked, soe farr as it is dissonant from the oath of ffreemen -herevnder written, & that those that receaved the former -oath shall stand bound noe further thereby, to any intent or purpose, -then this newe oath tyes those that nowe takes y<sup>e</sup> same.</p> - -<h3 id='h20' class='c008'><span class='sc'>The Oath of a Freeman</span></h3> - -<p class='c009'>I, A. B., being, by Gods providence, an inhabitant & ffreeman -within the jurisdicc̄on of this com̄onweale, doe freely acknowledge -my selfe to be subiect to the goverm<sup>t</sup> thereof, & therefore -doe heere sweare, by the greate & dreadfull name of the euerlyveing -God, that I wilbe true & faithfull to the same, & will -accordingly yeilde assistance & support therevnto, with my -pson & estate, as in equity I am bound, & will also truely -indeav<sup>r</sup> to mainetaine & preserue all the libertyes & previlidges -thereof, submitting my selfe to the wholesome lawes & orders -made & established by the same; and furth<sup>r</sup>, that I will not -plott nor practise any evill against it, nor consent to any that -shall soe doe, but will timely discover & reveale the same to -lawfull aucthority nowe here established, for the speedy preventing -thereof. Moreouer, I doe solemnely binde myselfe, -in the sight of God, that when I shalbe called to giue my voice -touching any such matter of this state, wherein ffreemen are -to deale I will giue my vote & suffrage, as I shall iudge in myne -owne conscience may best conduce & tend to the publique -weale of the body, without respect of psons, or fav<sup>r</sup> of any man. -Soe helpe mee God in the Lord Jesus Christ. [1634.]</p> - -<p class='c010'>Further, it is agreed that none but the Gen̄ all Court hath -power to chuse and admitt freemen.</p> -<div class='figcenter id001'> -<span class='pageno' id='Page_21'>21</span> -<img src='images/i_022.jpg' alt='' class='ig001' /> -<div class='ic002'> -<p><span class='sc'>Fac-simile of Original Manuscript Record</span><br /><br />In the Handwriting of Secretary Simon Bradstreet<br />last Colonial Governor of Massachusetts Bay</p> -</div> -</div> - -<p class='c000'><span class='pageno' id='Page_22'>22</span>The text of the Oath given above is that given in the -body of the Colony Records, in the handwriting of -Simon Bradstreet, the Secretary, and differs only in -the spelling of words from that of the transcriber (who -may have been Secretary Bradstreet himself) of the -copy in the Miscellaneous Records, which were transferred -by the Compiler from their regular order to the -end of the first volume of the Records at page 354.</p> - -<h3 id='h21' class='c008'><span class='sc'>The Oath of a Free-man</span></h3> - -<p class='c009'>I (A. B.) being by Gods providence an Inhabitant, and -Freeman, within the Jurisdiction of this Commonwealth; do -freely acknowledge my self to be subject to the Government -thereof: And therefore do here swear by the great and dreadful -Name of the Ever-living God, that <em>I</em> will be true and faithfull -to the same, and will accordingly yield assistance & support -thereunto, with my person and estate, as in equity <em>I</em> am bound; -and will also truly endeavour to maintain and preserve all the -liberties and priviledges thereof, submitting my self to the -wholesome Lawes & Orders made and established by the same. -And further that <em>I</em> will not plot or practice any evill against -it, or consent to any that shall so do; but will timely discover -and reveal the same to lawfull Authority now here established, -for the speedy preventing thereof. Moreover, <em>I</em> doe solemnly -bind my self in the sight of God, that when <em>I</em> shal be called to -give my voyce touching any such matter of this State, in which -Freemen are to deal, <em>I</em> will give my vote and suffrage as <em>I</em> shall -judge in mine own conscience may best conduce and tend to the -publike weal of the body, without respect of persons, or -favour of any man. So help me God in the Lord Jesus Christ. -[1634.] From the copy given in John Childe’s “New-Englands -Jonas cast up at London.” (London, 1647), which the preface -states was printed in Massachusetts-Bay, by itself.</p> - -<p class='c000'>To this form of The Oath of a Free man attaches the -great additional interest of being the first work printed -in the United States of America.</p> - -<p class='c000'>Under date of Mo. 1. (March, 1638/9) John Winthrop’s -Journal states: “A printing house was begun -at Cambridge by one Daye, at the charge of Mr. -Glover, who died on sea hitherward. The first thing -which was printed was the freemen’s oath; the next -was an almanac made for New England by Mr. -<span class='pageno' id='Page_23'>23</span>William Peirce, mariner; the next was the Psalms -newly turned into metre.”</p> - -<p class='c000'>For nearly three hundred years no copy of this -printed paper has been known to be extant. The -ceaseless search for a copy in this country by antiquarians, -bibliographers and historians would long ago -have been successful, if even a single copy had been -preserved in either the institutions of the State, or -Nation, or in individual or family possession.</p> - -<p class='c000'>It would be difficult to exaggerate the patriotic -feeling of our people, if it were known that a copy of -this interesting and valuable state paper, the first fruit -of the printing-press in this country, whose ringing -sentences of freedom preceded by nearly a century -and a half the Declaration of Independence, had been -discovered at this late day.</p> - -<p class='c000'>Fully a quarter of a century ago, while engaged in -making a search for early printed American publications -in the Catalogue of printed books in the British -Museum—a great and monumental work, worthy in -its scholarly completeness of the Government which -fostered its publication, and of inestimable importance -and benefit to scholars in every land—the following -entry under the heading “Freeman” seemed to me to -warrant more than passing observation and curiosity -which the intervening years have failed to satisfy:</p> - -<div class='nf-center-c1'> - <div class='nf-center'> - <div>—The Oath of a Freeman. B. L.</div> - <div>[<em>London</em>, 1645?] <em>s. sh.</em> 12º. 11,626. aa. (1, 2.)</div> - </div> -</div> - -<p class='c000'>An analysis of this entry seems to show points of -resemblance following closely the known facts regarding -the first work printed in this country.</p> - -<p class='c000'>The title is the one given by John Childe presumably -from the earliest printed copy in his possession. The -abbreviated title, freemen’s oath, as given by John -Winthrop, first appearing in the Code of 1648, which -seems to justify the belief that Winthrop wrote his -Journal some years after the press was established.</p> - -<p class='c000'><span class='pageno' id='Page_24'>24</span>The letters B. L. indicate that the printed text is in -black-letter. While there is no evidence of the number -and kinds of fonts of type purchased for the first -press by Joseph Glover, there is an itemized statement -of the number and names of the fonts of type for the -second press sent over later by the Society for Propagating -the Gospel among the Indians in New England, -for printing the Bible in the Indian language, and -among them is a small font of “blacks,” i.e. black-letter, -which would indicate that a small font of that -letter was generally considered a part of the equipment -of a printing-office of the period. Even if this was not -so, on the good authority of Isaiah Thomas, the type -used in printing the Bay Psalm Book, of 1640, was -“small bodied English,” a type commonly used for -works in quarto and folio, which approximates in size -to black-letter, but without the ceriphs, or fine projecting -points of that letter. It is not unreasonable to -suppose that a cataloguer might, hastily, consider the -thickly inked, heavy press-work we find in the Bay -Psalm Book, under the same conditions in a somewhat -crudely printed sheet, to be black-letter printing.</p> - -<p class='c000'>The brackets enclosing the imprint indicate that the -place and date given do not appear on the printed -sheet, but are the personal judgment of the cataloguer -regarding them. Having already determined the -printing to be in black-letter English, it naturally -follows in his judgment that the place of printing is -London. His guess of the year, 1645, which he -queries, is a close one; but is open to the criticism that -an Oath of a Freeman could never have been printed -or exacted in England during the reign of Charles the -First. Ten years later, under Cromwellian rule, it -might have been done. But the only place on earth -it could have been printed and exacted without -imprisonment, in 1645, was in the freemen’s Colony of -Massachusetts-Bay.</p> - -<p class='c000'>In this connection it may be well to observe, as a -further illustration that Governor Winthrop wrote his -<span class='pageno' id='Page_25'>25</span>Journal years later than the events he records, that -his date of 1638/9, should be one year later, for the date -of the half-sheet almanac by William Peirce, mariner. -Following Winthrop, if the almanac was calculated for -the year beginning in March, 1639, it would suppose -its printing sometime before the 25th of March, or in -the Julian year 1638. This would leave nearly a -whole year during which no other printing was done. -If the almanac was calculated for the year beginning in -March, 1640—the year the Bay Psalm Book is -dated—then it would suppose the Oath, and the -Almanac, printed in the eleventh or twelfth months of -the Julian year 1639, which is more probable. Isaiah -Thomas, writing in 1810, leaves this question in doubt -by not stating whether his January, 1639, refers to the -Julian, or the Gregorian Calendar.</p> - -<p class='c000'>To continue our analysis: The format, and size, -agrees with the known facts that the Oath was printed -“on the face of a half sheet of small paper.” The -shelf-mark indicates the permanent place on the -shelves of the Library.</p> - -<p class='c000'>The singular appearance of the only known copy of -this important and interesting document in the Colonial -history of New England, nearly three hundred -years after its printing, so far from its place of publication, -calls for explanation, which is apparently furnished -in a work published in London, in April, 1647, -entitled: “New-Englands Jonas cast up at London.” -On the title-page it purports to be written by Major -John Childe, a brother of Doctor Robert Childe, of -Hingham, who was detained by order of the General -Court of Massachusetts-Bay; but according to William -Hubbard, in his History, and affirmed by John Winthrop, -in his Journal, the real author of everything, -except the Preface, was William Vassall.</p> - -<div class='figcenter id001'> -<span class='pageno' id='Page_26'>26</span> -<img src='images/i_027.jpg' alt='' class='ig001' /> -<div class='ic002'> -<p><span class='sc'>Fac-Simile of Original Manuscript</span><br />in the Handwriting of Thomas Dudley,<br />in the Public Library of the City of Boston<br /><br />Issued with Bulletin, July, 1894</p> -</div> -</div> - -<div class='figcenter id001'> -<span class='pageno' id='Page_27'>27</span> -<img src='images/i_028.jpg' alt='' class='ig001' /> -<div class='ic002'> -<p><span class='sc'>Fac-Simile of Original Manuscript</span><br />in the Handwriting of Thomas Dudley,<br />in the Public Library of the City of Boston<br /><br />Issued with Bulletin, July, 1894</p> -</div> -</div> - -<div class='figcenter id001'> -<span class='pageno' id='Page_28'>28</span> -<img src='images/i_029.jpg' alt='' class='ig001' /> -<div class='ic002'> -<p><span class='sc'>Fac-Simile of Original Manuscript</span><br />in the Handwriting of John Winthrop,<br />in the Public Library of the City of Boston<br /><br />Issued with Bulletin, July, 1894</p> -</div> -</div> - -<p class='c000'><span class='pageno' id='Page_29'>29</span>Its odd title was suggested by a remark made by -the Reverend John Cotton, in a Thursday-Lecture, -preached November 5, 1646, just previous to the -departure of the vessel which was carrying back to -England some of the dissatisfied signers of a Petition -to the General Court, who rumor gave were taking -with them this and other incriminating documents -against the Government of the Colony. The learned -preacher took for his text, Canticles, II: 15. “Take -us the foxes, the little foxes, which destroy the vines,” -and made pointed allusions to the current rumors, and -the punishment which their acts would receive in a -stormy voyage, and how it could be averted. But -later we shall let Vassall tell the story in his own -words. The effect upon his hearers was so great that -some who had engaged passage withdrew rather than -risk the dangers of a stormy voyage in the winter -season.</p> - -<p class='c000'>After a brief summary of the reasons for publication -the Preface states that the Relation is made up of the -following particulars:</p> - -<p class='c010'>First, the Petition of the greater part of the Inhabitants of -Hingham, and the proceedings therein.</p> - -<p class='c010'>Secondly, a Petition of Doctor Child and others delivered -to the General Court at Boston with some passages thereon.</p> - -<p class='c010'>Thirdly, the Capital Laws of the Massachusetts Bay, with -the Freemans Oath, <em>as they are printed there by themselves</em>.</p> - -<p class='c000'>The italics are mine. Here, then, we have direct -proof confirming the statement of John Winthrop that -the Freeman’s Oath was printed at Cambridge in 1639, -and, in the body of the work, is given the full text of -The Oath of a Free man as printed. It is probable -that only the number of copies necessary for officials -authorized to administer the Oath were printed, and -the copy taken to England was surreptitiously obtained -from some member of the Government. Its -importance lay in the fact that it afforded printed -evidence that nowhere in it is any reference made to -the King’s Majesty, or of allegiance to any power on -earth save that of their own Government as constituted.</p> - -<div class='figcenter id001'> -<span class='pageno' id='Page_30'>30</span> -<img src='images/i_031.jpg' alt='' class='ig001' /> -<div class='ic002'> -<p><span class='sc'>Fac-Simile of Original Manuscript</span><br />in the Handwriting of John Winthrop,<br />in the Public Library of the City of Boston<br /><br />Issued with Bulletin, July, 1894</p> -</div> -</div> - -<p class='c000'><span class='pageno' id='Page_31'>31</span>The Capital Laws were printed at Cambridge in -1642, probably under the same restriction, as to number; -and, as printed evidence, open to the same -construction as the Oath. Whatever the purpose, -however, it had been forestalled some four years -earlier when the Capital Laws were re-printed in London -in a folio broadside. The copy in the British -Museum bears the Colophon: “Printed first in New-England, -and re-printed in London for Ben. Allen in -Popes-Head Allen [<i><span lang="la" xml:lang="la">sic</span></i>] 1643.”</p> - -<p class='c010'>Fourthly, a relation of that story of Jonas verbatim as it -was delivered to me in writing by a Gentleman that was then -a passenger in the ship.</p> - -<p class='c010'>“When the first ship that came this year 1646 from New-England, -was almost ready to come from thence; Mr. -Cotton in his Thursday-Lecture at Boston, preached out of -that Scripture, Cant. 2, 15. Take us the little Foxes, &c. -In his uses took occasion to say, That if any shall carry any -Writings, Complaints against the people of God in that -Country it would be a Jonas in the ship. * * He also -advised the Ship-Master, that if storms did arise, to search if -they had not in any Chest or Trunk any such Jonas aboard, -which if you find (said he) I do not advise you to throw the -persons over-board, but the Writings; or words to that effect. -Whereupon, having great storms (as could not be otherwise -expected) some of the Passengers remembering Mr. Cotton’s -Sermon, it seems were much affected with what he had said; -and a woman amongst them came up from between the decks -about Midnight, or after, in a distracted passionate manner to -Mr. William Vassall who lay in the great Cabin, but for the -present was in the Sterage-door-way looking abroad: she -earnestly desired him, if there were any Jonas in the ship, that -as Mr. Cotton had directed it might be thrown over-board, -with many broken expressions to that purpose. He asked -her why she came to him? and she said because it was thought -that he had some Writings against the people of God: but -he answered her, He had nothing but a Petition to the -Parliament that they might enjoy the liberty of English subjects, -and that could be no Jonas; and that if the best of New-Englands -friends could shew him any evil in that, he would not -prefer it. After this she went into the great Cabin to Mr. -Tho. Fowle in like distracted manner; who told her he had -nothing but the Copy of Petition which himself and others had -presented to the Court at Boston; and showed, and read it to -her, and then told her, That if she and others thought that to -be the cause of the storm, she and they might do what they -<span class='pageno' id='Page_32'>32</span>would with it; but he professed that he saw no evil in it, neither -was his Conscience troubled with it. So she took it and -carried it between Decks to them from whom she came, and -they agreed to throw it over-board and it was thrown over-board: -but the storm did not leave us upon the throwing of the -Paper over-board as it is reported; for they had many great -storms after that; much lesse was the great and wonderfull -deliverance which by Gods mercy he gave unto them from -shipwrack and drowning at the Isles of Silly, upon the throwing -of that Writing over-board; for that was thrown over long -before, at least 14 dayes. Also the error is the more in this, -That the report is that it was the petition to the Parliament -that was thrown over-board; and it was only a Copy of a -Petition to their own Court at Boston, and the Petition to -the Parliament was still in the ship, together with another -copy of that which was thrown over-board, and other writings -of that nature, some of which are printed in this book, and -were as well saved as their lives and other goods, and are here -in London to be seen and made use of in convenient time.”</p> - -<p class='c000'>It is true that at any time in the intervening years of -a quarter of a century I could have written to the -British Museum authorities and been sure of a -courteous reply; but the matter seemed too important -to be settled in so prosaic a way. This, and the hope -that sometime I might be able to determine the matter -personally, and achieve the honor that would attach -to its discovery, deterred me.</p> - -<p class='c000'>I suppose that men of all professions, in their callings, -feel an unwonted glow in the achievement of -some object; but I know of no greater joy than that -which fills the lover of books when his long search for a -rare book is rewarded. Then it is that you seem to -enter into the holy of holies of delight, when the whole -body thrills with suppressed emotions, the eyes -moisten, and the trembling hand stretched out to take -the volume does so with a touch which is almost a -caress. The feeling, I think, must be somewhat akin -to the “buck fever” of the deer hunter, whose mind -and shaking limbs refuse to function, as he looks into -the luminous eyes, and notes the startled look, and -graceful beauty of his prey, until it has bounded into -safety in the forest. Why, I reasoned with myself, -<span class='pageno' id='Page_33'>33</span>should I give to another the pleasure of these emotions -which were mine by right of discovery.</p> - -<p class='c000'>The opportunity of voyaging to England, which I -had so long looked forward to, did not come to me -until the Spring of the present year, and the pleasant -anticipations with which I set out were comparable -in my own mind with those which must have animated -the Knights of Arthur’s Round Table in their quest -for the holy grail. The morning after my arrival in -London found me an early visitor at the British -Museum. The preliminaries of admittance to the -Reading-Room are not difficult, and are soon over with, -and I found myself within the great rotunda, its walls -lined in tiers with what is best in the literatures of the -world, and from which has gone out so much that is -worth while in English literature. From the Catalogue -I filled out slips for some half dozen works, -artfully to conceal the one uppermost in my mind, -handed them in at the desk, and returned to my -chosen seat to await with such calmness as I could -command the culmination of years of desire. Heeding -the legend that when the grail was approached by any -one not perfectly pure it vanished from sight; and that -to be qualified to discover it one must be perfectly -chaste in thought and act, I endeavored to prepare -myself for its appearance. Somewhere I have read of -an Oriental visionary who attained a high degree of -saintly perfection by fixing his gaze steadfastly for -hours upon his navel, which a growing embonpoint -made an easy thing to do, and I sought for holiness in -the same way.</p> - -<p class='c000'>In time the white slips of my wants came fluttering -back to me by messengers, all marked, very properly -for security on account of rarity, that they -could only be consulted in the North Library, -until all were in but the one most desired. Then -followed a much longer wait and then—the slip was -handed back to me with a notation that I had given a -wrong shelf-mark! Gone in an instant were all the -<span class='pageno' id='Page_34'>34</span>perfectly pure and chaste thoughts with which I had -been regaling myself while I was apparently looking -at the wrong button on my vest. I think I could have -stood the blow better if it had been that hoary old -fiction of careless assistants that it was “out”, but this -is a boon denied to any assistant in the British -Museum, where nothing is allowed to go out. A comparison -with the printed Catalogue showed an exact -correspondence, and I sought the Superintendent of -the Reading-Room, who assured me that the matter -would have his personal attention; and for the rest of -the day I busied myself with my other wants in the -North Library without any word of the missing -broadside reaching me. That evening, in communion -with myself, I determined to throw off the mask of -secrecy and frankly confide the importance of my -quest to the Keeper of the Printed Books—the somewhat -expressive and imposing title of the Librarian -of the British Museum.</p> - -<p class='c000'>Before calling upon him I sought as an introducer -Henry N. Stevens—the worthy son of an illustrious -father who follows closely in his footsteps as the -best authority on early printed American books in -Europe—at his shop across the street from the -imposing Museum building, and to him I told my -story. As I proceeded his interest grew, and before I -had finished he excitedly grasped my arm with one -hand and his hat with the other, exclaiming: “Come -with me. This is not a subject for underlings,” and -rushed me across the street without pause until we -were in the <span lang="la" xml:lang="la">sanctum sanctorum</span> of the learned and -accomplished Keeper, Alfred W. Pollard. And to -him I told my simple tale, and asked his assistance. -Mr. Pollard is himself a bibliographer of note in his -special field, and my story was not without interest to -him, but he refused to share my belief that the missing -broadside was what I supposed it to be, laying much -stress upon the black-letter feature as proof of its -English origin. The unsuccessful search for the -<span class='pageno' id='Page_35'>35</span>missing broadside had evidently been called to his -notice, and the failure to produce anything in the -millions of books catalogued in that vast collection, -he considered a challenge to the efficiency of himself -and his staff of assistants. A few days later, he -acknowledged failure; but gave me the interesting -information that in tracing the broadside back to its -accession he had found that it was acquired by the -Museum in the year 1865, and formed part of a -bundle of miscellaneous matter, being considered of so -little importance as not even to have been mentioned -in the contents of the bundle. Printing of the letter F -of the Catalogue was completed in 1888, and since -that time an expansion of the classification of books -upon the shelves had been made, from which dated -its disappearance. He would not, however, discontinue -his efforts to find it. After apologizing for giving -him a “bad half-hour,” which only the importance of -the broadside excused, our second interview ended. -On my last day in London, I went again with Mr. -Stevens to call on Mr. Pollard about the matter, -and told him that I had made my arrangements -to fly from London to Paris on the morrow, and -asked him if these old eyes of mine were never to behold -the holy grail. “In black-letter?” he queried, -touching the weak spot in my armor. “In duodecimo!” -I countered, pointing to the rent in his own. -And the third interview ended with his assurance that -the search would go on until the missing broadside was -found.</p> - -<p class='c000'>And there the matter rests, very much in the condition -of the story of the cook who asked the skipper: -“Is any thing lost when you know where it is?” -And to the skipper’s gruff response, “Of course not,” -he pleasantly replied: “I am glad to know that our -only iron soup kettle wasn’t lost when it fell over-board -into the Bay.”</p> - -<p class='c000'>Through the courtesy of our fellow-members, Henry -Edwards Huntington, Esquire, and the accomplished -<span class='pageno' id='Page_36'>36</span>bibliographer and librarian of his unrivaled collection -of books and art, George Watson Cole, the Society is -permitted to give a reproduction from the only known -copy of “The Book of General Lawes and Libertyes -concerning the Inhabitants of the Massachusetts”—the -long-lost Code of 1648. No copy or fragment of a -copy was known to be extant for over two hundred -and fifty years, when, in 1906, this copy was discovered -in a small private library in England, and was -sold to the late Edmund Dwight Church for the -highest price ever paid for an American printed book—a -record which is not likely to be surpassed. The -almost miraculous recovery of this volume, will, I -have given my reasons to hope, sometime have a -counterpart in the recovery of the only known copy of -the first work printed in the United States of -America—The Oath of a Free man. From the year -1641, this bore the abbreviated title of the</p> - -<h3 id='h31' class='c008'><span class='sc'>Freemans Oath</span></h3> - -<p class='c009'>I (A. B.) being by Gods providence an Inhabitant within the -Jurisdiction of this Common-wealth, and now to be made free; -doe heer freely acknowledge my self to be subject to the -Government therof: and therfore do heer swear by the great -and dreadfull Name of the Ever-living God, that I will be true -and faithfull to the same, & will accordingly yeild assistance & -support therunto, with my person and estate, as in equitie I am -bound, and will also truly indeavour to maintein & preserve -all the Liberties and Priviledges therof, submitting my self -unto the wholsom Laws made and established by the same. -And farther, that I will not plot or practice any evil against -it, or consent to any that shall so doe; but will timely discover -& reveal the same to lawfull authoritie now heer established, -for the speedy prevention therof.</p> - -<p class='c010'>Moreover, I do solemnly binde my self in the sight of God, -that when I shall be called to give my voice touching any such -matter of this State, wherin Free-men are to deal; I will give -my vote and <em>suffrage</em> as I shall in mine own conscience judge -best to conduce and tend to the publick weal of the Body, -without respect of persons, or favour of any man. So help me -God in our Lord Jesus Christ. [1641.] From Code of 1648.</p> - -<div> - <span class='pageno' id='Page_37'>37</span> - <h3 id='h32' class='c008'><span class='sc'>Freemans Oath</span></h3> -</div> - -<p class='c009'>I [A. B.] being by Gods providence an inhabitant within the -Jurisdiction of this Common-wealth, and now to be made free; -doe here freely acknowledg my self to be subject to the Government -thereof: And therefore do here Swear by the great and -dreadfull Name of the Ever-living God, that I will be true and -faithfull to the same, and will accordingly yeild assistance and -support thereunto, with my person and estate, as in equity I -am bound, and will also truely indeavour to maintain and preserve -all the Liberties and Priviledges thereof, submitting -my self unto the wholsom Laws made and established by the -same. And farther, that I will not plot or practice an evill -against it, or consent to any that shall so doe; but will timely -discover and reveal the same to lawfull Authority now here -established, for the speedy prevention thereof.</p> - -<p class='c010'>Moreover, I do solemnly bind my self in the sight of God, -that when I shall be called to give my voice touching any such -matter of this State, wherein Free-men are to deal; I will give -my vote and suffrage as I shall in mine own conscience judg -best to conduce and tend to the publick weal of the Body, -without respect of persons, or favour of any man. So help -me God &c. [1641.] From Code of 1660.</p> - -<p class='c010'>It is Ordered and by this Court declared, that no man shall -be urged to take any Oath or subscribe to any <em>Articles</em>, -<em>Covenants</em> or <em>Remonstrances</em>, of publick and Civil nature, but -such as the Generall Court hath Considered, allowed and -required, and no Oath of any Magistrate or of any Officer, shall -bind him any further or longer, then he is Resident or Reputed -an Inhabitant of this Jurisdiction. [1641.]</p> - -<p class='c010'>Every Court in this Jurisdiction, where two Magistrates are -present, may admitt any church members that are fitt, to be -Freemen, giving them the Oath, and the Clerke of each Court, -shall certify their names to the Secretary at the next General -Court. [1641 [2]].</p> -<div class='figcenter id001'> -<span class='pageno' id='Page_38'>38</span> -<img src='images/i_039.jpg' alt='' class='ig001' /> -<div class='ic003'> -<p><span class='sc'>Freeman’s Oath</span><br /><br />Reproduced from “The Book of General Lawes and Libertyes concerning the Inhabitants of the Massachusetts”-–1648<br /><br />By the courtesy of Henry Edwards Huntington</p> -</div> -</div> - -<p class='c000'><span class='pageno' id='Page_39'>39</span>In 1643, the Colonies of Massachusetts-Bay, New -Plymouth, Connecticut, and New Haven, concluded a -Confederacy by which they entered into a solemn -compact to afford each other mutual advice and assistance -on all necessary occasions, whether offensive, -defensive, or prudential. Among the reasons assigned -for this Union were the dependent condition of the -colonists; the vicinity of the French and Dutch, who -were inclined to make encroachments; the warlike -attitude of the neighboring Indians; the commencement -of civil war in England, and impracticability of -aid from thence in any emergency; and the sacred ties -of religion which already bound them. The Province -of Maine was not included because it was subject to -rulers of Episcopal tenets, and was infrequently an -asylum for excommunicants. This Union lasted for -forty years without any general Oath of Allegiance -being required from the inhabitants of the several -Colonies.</p> - -<h3 id='h33' class='c008'><span class='sc'>Oath of Fidelitie</span></h3> - -<p class='c009'>I (A B) being by Gods providence an Inhabitant within the -Jurisdiction of this Common-wealth, doe freely and sincerely -acknowledge my selfe to be subject to the Government thereof. -And doe heer swear by the great and dreadful name of the Everliving -God, that I will be true and faithfull to the same, and will -accordingly yeild assistance therunto, with my person and -estate, as in equitie I am bound: and will also truly indeavour -to maintein and preseve all the Liberties & Priviledges thereof, -submitting my self unto the wholsom Laws made, & established -by the same. And farther, that I will not plot or practice any -evil against it, or consent to any that shall so doe: but will timely -discover and reveal the same to lawfull Authoritie now heer -established, for the speedy preventing thereof. So help me -God in our Lord Jesus Christ. [1646.] From Code of 1648.</p> - -<h3 id='h33a' class='c008'><span class='sc'>Oath of Fidelitie</span></h3> - -<p class='c009'>I [A. B.] being by Gods providence an inhabitant within the -Jurisdiction of the Commonwealth, do freely and sincerely -acknowledge my selfe to be subject to the Government thereof. -And do here Swear by the great and dreadful name of the everliving -God, that I will be true & faithfull to the same, and will -accordingly yeild assistance thereunto, with my person and -estate, as in equity I am bound: And will also truely endeavour -to Maintain and preserve all the Liberties & Priviledges thereof -submitting my self unto the wholesom Laws made, and established -by the same.</p> - -<p class='c010'>And farther that I will not plot or practice any evill against -it, or consent to any that shall so do: but will timely discover -and reveal the same to lawfull Authority now here established, -for the speedy preventing thereof. So help me God in our Lord -Jesus Christ. [1646.] From Code of 1660.</p> - -<p class='c010'><span class='pageno' id='Page_40'>40</span><em>To the end the body of the freemen may be preserved of honest -and good men</em>, It is Ordered, That henceforth no man shall be -admitted to the freedome of this Common-wealth, but such as -are members of some of the Churches, within the limits of this -Iurisdiction; <em>And whereas many members of Churches to exempt -themselves from Publick Service, will not come in to be made freemen</em>, -It is Ordered, That no members of Churches within this -Iurisidiction, shall be exempt from any publick service, they -shall be chosen to, by the Inhabitants of the severall Townes, -as Constables, Iurors, Select men, surveiors of the High-wayes. -And if any such person shall refuse to serve in, or to take upon -him any such Office, being legally chosen therunto, he shall -pay for every such refusall, such fine, as the Town shall impose -not exceeding <em>Twenty shillings</em> for one Offence. [1647.]</p> - -<p class='c010'>Any non freemen, who have taken or shall take the Oath of -fidelity to this government could be jury men and vote in certain -matters, after he had attained the age of 24 years. [1647.]</p> - -<p class='c010'><em>For as much as divers Inhabitants of this Jurisdiction who -have long continued amongst us, receiving Protection, from this -Government, have as we are informed uttered Offencive speeches, -whereby their fidelity to this Government may justly be suspected, -and also that divers strangers of forreign parts do repaire to us of -whose fidelity we have not that Assurance which is Commonly required -of all Governments.</em></p> - -<p class='c010'>It is therefore Ordered by this Court and the Authority -thereof. That the County Courts or any one Magistrate out -of Court, shall have power and is hereby Authorized to Require -the Oath of fidelity of all settled Inhabitants amongst us who -have not already taken the same, as also to Require the Oath -under written, of all strangers, who after two months have -their abode here; And if any Person shall refuse to take the -Respective Oath, he or they shall be bound over to the next -County Court or Court of Assistants, where if he shall refuse, -he shall forfeit <em>five pound a week</em> for every week he shall Continue -in this Jurisdiction after his sayd Refusall, unles he can -give sufficient security to the satisfaction of the Court or -Magistrate for his fidelity, during his or their residence -amongst us.</p> - -<h3 id='h34' class='c008'><span class='sc'>Strangers Oath</span></h3> - -<p class='c009'><em>You A. B. Do acknowledge your self subject to the Lawes of -this Jurisdiction during your Residence under this Government, -and do here Swear, by the Great Name of the Everliving GOD, -and engage your self to be true and faithfull to the same, and not to -plot, contrive, or conceal any thing that is to the hurt or detriment -thereof.</em> [1652.].</p> - -<p class='c000'><span class='pageno' id='Page_41'>41</span>This was, apparently, aimed at the Quakers, whose -offensive attitude towards the Government was made -the subject of further drastic laws and orders by the -General Court, in October, 1656, and May, 1658.</p> - -<p class='c010'><em>This Court having considered of the proposals presented to this -Court by several of the inhabitants of the County of Middlesex</em>; -Do Declare and Order, That no man whosoever, shall be -admitted to the Freedome of this Body Politick, but such as -are members of some Church of Christ and in full Communion, -which they declare to be the true intent of the ancient Law, -<em>page the eighth of the second Book</em>, Anno. 1631. [1660.]</p> - -<p class='c000'>This was construed as being directed against the -members of the Church of England, and was largely -responsible for the strained relations with his Majesty’s -Commission in 1665. It was repealed before the 1672 -Revision of the Laws.</p> - -<p class='c000'>For causes already mentioned the publication of the -first Code of Laws, in 1648, was unnoticed in England; -but it was very different with the publication of the -second Code, in 1660. When it appeared its provisions -were subjected to critical scrutiny by enemies of -the Puritan Commonwealth, and the worst possible -constructions placed upon them. In particular, the -loyalty of the framers, who took an Oath of Fidelity -to their Government, and none to the King, was -questioned; and the provisions for the admission of -freemen which, practically, prohibited members of the -Church of England. By letter, his Majesty ordered a -redress of these grievances, and appointed a Commission -who proceeded, in a partisan manner, to execute -their powers. In 1665, the Commissioners presented -to the General Court a list of twenty-six changes which -they desired to have made in the Code of 1660. -The principal ones were the substitution of an acknowledgment -of the royal authority for all expressions of -the supremacy of the Commonwealth; a recognition of -the Church of England; and a repeal of the long-standing -limitation of citizenship to church members. To -one or two of their points the General Court gave consent. -<span class='pageno' id='Page_42'>42</span>A comparison with the Code of 1672, shows that -while the recognition of his majesty’s supremacy was -allowed, in a score of instances the powers of the government -under their Charter were asserted. The right -of strangers to become citizens was nominally conceded, -but on conditions which afforded only a minimum -of relief to members of the Church of England.</p> - -<p class='c010'>On the 3 August, 1664 it was Ordered by the General Court:</p> - -<p class='c010'><em>In Answer to that part of his Majestyes Letter</em>, of June 28, -1662, <em>concerning admission of freemen</em>. This Court doth -Declare, That the Law prohibiting all persons, except Members -of Churches, and, that also for allowance of them in any -County Court, are hereby Repealed, And do hereby also Order -and Enact That, from henceforth all English men presenting a -Certificate under the hand of the Ministers, or Minister of the -Place where they dwell, that they are Orthodox in Religion, -and not vicious in their Lives, and also a certificate under the -hands of the Select men of the place, or of the major Part of -them, that they are Free-holders: and are for their own propper -Estate (without heads of Persons) Rateable to the Country in -a single Country Rate, after the usuall manner of valuation in -the place where they live, to the full vallue of <em>Ten Shillings</em>, or -that they are in full Communion with some Church amongst -us; It shall be in the Liberty of all and every such Person or -Persons, being <em>twenty-four</em> yeares of age, Householders and -settled Inhabitants in this Jurisdiction, from time to time to -themselves and their desires to this Court, for their addmittance -to the freedome of this commonwealth, and shall be -allowed the priviledge, to have such their desire Propounded -and put to Vote in the General Court, for acceptance to the -freedome of the body pollitick, by the sufferage of the major -parte according to the Rules of our Patent. [1664.].</p> - -<hr class='c012' /> - -<p class='c010'>It was also Ordered by the General Court on the 19 October, -1664.</p> - -<p class='c010'><em>Forasmuch as several Persons who from time to time are to be -made freemen, live remote and are not able without great trouble -and charge to appear before this Court to take their respective -Oaths</em>: It is therefore Ordered, that henceforth it shall be in -the power of any County Court, to administer the Oath of -Freedome to any persons approved of by the General Court -who shall desire the same, any Law or Custome to the contrary -notwithstanding. [1664.]</p> - -<hr class='c012' /> - -<p class='c010'>And, at the May, 1665, session, to conform to the criticism -of his Majesty’s Commission concerning the Oath of Allegiance:</p> - -<p class='c010'><span class='pageno' id='Page_43'>43</span>It is ordered by this Court, & the authority thereof, that the -following oath be annexed vnto the oathes of euery freeman & -oath of fidellity, & to the Gouerno<sup>r</sup>, Dep<sup>t-</sup>Gouerno<sup>r</sup>, & -Assistants, & to all other publicke officers, as followeth:—</p> - -<p class='c010'>The oath of a freeman & fidelity to runne thus:—</p> - -<h3 id='h37' class='c008'><span class='sc'>Oath of Fidelitie</span></h3> - -<p class='c009'>Whereas I [A. B.] am an inhabitant within this Jurisdiction, -Considering how I stand Obliged to the Kings Majesty, his -heires and Successors by our Charter and the Government -established thereby; Do Swear accordingly by the great and -dreadfull Name of the Ever-Living God, that I will bear Faith -and true Allegiance to our Soveraingn Lord the King, his -Heires and Successors; and that I will be True and Faithfull -to this Government, and accordingly yeild Assistance thereunto, -with my person and estate, as in equity I am bound;</p> - -<p class='c010'>And will also truely endeavour to Maintain and Preserve all -the Liberties and Priviledges thereof, Submiting my self unto -the wholesom Laws made and established by the same.</p> - -<p class='c010'>And farther that I will not Plot or practice any evill against -it, or consent to any that shall so do: but will timely discover -and reveal the same to Lawfull Authority now here established, -for the speedy preventing thereof. So help me God in our -Lord Jesus Christ. [1665.]</p> - -<h3 id='h37a' class='c008'><span class='sc'>Freemans Oath</span></h3> - -<p class='c009'>Whereas I [A. B.] being an inhabitant of the Jurisdiction of -the <em>Massachusets</em>, and now to be made free. Do hereby -acknowledge my selfe to be subject to the Government thereof -(Considering how I stand obliged to the Kings Majesty, his -Heires and Successors, by our Charter and the Government -established thereby Do Swear accordingly, by the Great and -Dreadfull Name of the Ever-Living GOD, that I will bear -Faith and true Alegiance to our Soveraigne Lord the King, his -heires and Successors,) and that I will be true and Faithfull to -the same, and will accordingly yeild Assistance and Support -thereunto with my person and estate, as in equity I am bound; -And will also truely endeavour to maintain and preserve all -the Liberties and priviledges thereof, submitting my selfe to -the wolesome Laws made and established by the same.</p> - -<p class='c010'>And farther that I will not Plot nor Practice any Evill -against it, or consent to any that shall so do, but will timely -discover and reveal the same to Lawfull Authority now here -established, for the speedy prevention thereof.</p> - -<p class='c010'>Moreover I do Solemnly bind my selfe in the sight of God, -that when I shall be called to give my Voyce touching any such -<span class='pageno' id='Page_44'>44</span>matter of this State wherein Freemen are to deal, I will give my -Vote and Suffrage as I shall in mine own Conscience judge best -to conduce and tend to the Publick Weale of the body, without -respect of persons or favour of any man. So help me God in -our Lord Jesus Christ. [1665.]</p> - -<hr class='c012' /> - -<p class='c010'>The oath of the Goūno<sup>r</sup>, Dept Goūno<sup>r</sup>, & other publicke -officers, to runne thus:—</p> - -<p class='c010'>Whereas I, A. B., am chosen Gouerno<sup>r</sup>, &c., considering how -I stand obliged to the kings majesty, his heires & successors, -by our charter and the gouerment here established thereby, -doe sweare, &c, as aboue. [1665.]</p> - -<p class='c000'>In their demand for changes in the 1660 Book of the -General Laws and Liberties, the Commissioners in their -14th section proposed: “That, page 33, ‘none be -admitted freemen but such as are members of some -of the churches w<sup>th</sup> in the limitts of this jurisdiction’ -may be explained, & comp̄hend such as are members -of y<sup>e</sup> church of England.”</p> - -<p class='c010'>At the General Court of 23 May, 1666.</p> - -<p class='c010'>It is ordered that the Secretary, at the request of all such as -are admitted to the freedome of this Colony or any in their -behalf, give a true copy out of this Courts Records, of their -names, by them to be delivered to the clerks or recorders of -those Courts in the severall Counties to which they do belong, -with a copy of the Oath of Freemen as it is now stated, that -they may there take their Oathes &c. [1666.]</p> - -<hr class='c012' /> - -<p class='c010'>At the General Court of 15 October, 1673:</p> - -<p class='c010'>As an addition to the Law, title Freemen, section the third, -it is ordered by this Court and the authority thereof that -henceforth the names of such as desire to be admitted to the -freedome of this Com̄on-wealth, not being members of churches -in full comunion, shall be entred w<sup>th</sup> the secretary, from tjme -to tjme, at the Court of election, and read ouer before the -whole Court sometime that sessions and shall not be put to vote -in the Court till the Court of election next followg. [1673.]</p> - -<p class='c010'>This order of Court was repealed 9 February 1682/3.</p> - -<hr class='c012' /> - -<p class='c010'>Att a Generall Court, held at Boston, 10<sup>th</sup> of October, 1677.</p> - -<p class='c010'>Whereas many secret attempts haue binn lately made by -euil minded persons to set fire in the toune of Boston and other -places, tending to the destruction of the whole, this Court -doeth account it their duty to vse all lawfull meanes to discouer -such persons and prevent the like for time to come.</p> - -<p class='c010'><span class='pageno' id='Page_45'>45</span>Bee it therefore ordered & enacted by this Court and the -Authority thereof, That the Law, <em>title</em> Oathes and Subscriptions, -page 120 sect. 2., requiring all persons, as well inhabitants -as strangers, (that have not taken it) to take the Oath of -Fidelity to the Country, be revived and put in practice through -this Jurisdiction. And for the more effectual execution thereof, -It is ordered by this Court; That the select men, Constables, -and Tithing-men, in every town do, once every quarter of a -year so proportion and divide the precincts of each town, and -go from house to house, and take an exact list of the Names, -quality and callings of every person, whether Inhabitant or -Stranger, that have not taken the said Oath, and cannot make -due proof thereof; and the Officers aforesaid are hereby required -forthwith to return the names of such persons unto the -next magistrate, or County Court, or chief military officer in -the town where no Magistrate is, who are required to give -such persons the said Oath prescribed in the Law, wherein -not only Fidelity to the Country, but Allegiance to our King, is -required; And all such as take the said oath shall be Recorded -and Enrolled in the County Records by the clerk of each County -Court. And all such as refuse to take the said Oath, they -shall be proceeded against as the said Law directs. And further, -this Court doth Declare; That all such refusers to take -the said Oath shall not have the benefit of our Laws to Implead, -Sue, or recover any Debt in any Court or Courts within -this Jurisdiction, nor have protection from this Government -whilest they continue in such obstinate refusal.</p> - -<p class='c010'>And furthermore, It is Ordered; That if any Officer intrusted -with the Execution of this Order, do, neglect, or omit his or -their duty therein, they shall be fined according to their -demerits, not exceeding five pounds for one offence, being -complained of, or presented to the County Courts or Court of -Assistants, And this Law to be forthwith Printed and Published, -and effectually executed from and after the last of -<em>November</em> next. And that all persons that administer the Oath -abovesaid, shall in like manner make return of the Names of -such persons so sworn to the respective Clerks of the County -Courts. Made October 10, 1677.</p> - -<hr class='c012' /> - -<p class='c010'>Att the second sessions of the Gen̄ll Court held at Boston, -2 October, 1678.</p> - -<p class='c010'><em>Whereas it hath pleased his most excellent Majesty, our -gracious king by his letter bearing date the twenty-seventh of -Aprill, 1678, to signifie his Royall pleasure, That the Authority -of this his Colony of Massachusetts in New-England, do give -forth Orders that the Oath of Allegiance, as it is by Law established -<span class='pageno' id='Page_46'>46</span>within his Kingdome of England, be administred and taken by all -his subjects within this Colony who are of years to take an oath</em>:</p> - -<p class='c010'>In Obedience whereunto, and as a demonstration of our -Loyalty; It is ordered and enacted by this Court and the -Authority thereof, that, as the members of this Court now -sitting have readily taken the Oath of Allegiance, so, by their -Example and Authority, they do require and command that -the same Oath be given and taken by all his Majesties subjects -within this Jurisdiction that are of sixteen years of age -and upwards. And to the end this Order be duely executed, -it is hereby Ordered, that a convenient number of printed -Copies of the said Oath of Allegiance, exactly agreeing with -the written copy inclosed in his majesties Letter, and signed -by the Secretary of State, to be sent forth unto every Magistrate -and Justice of peace, and to the Constable of every -town within this Jurisdiction.</p> - -<p class='c010'>And it is further Ordered that the Magistrates and Justices, -or such as are Commissioned with Magistratical Authority in -every County of this Colony do with all convenient speed repair -to the several Towns and Villages within this Jurisdiction, -at such time, and in such order as they best may, and accomplish -the same; giving forth their warrant to the Constables of -each Town to convene all the inhabitants of the Age abovesaid, -and taking their names in writing, administer the said Oath of -Allegiance to each of them, and return their Names to the -Recorder of each County Court to be enrolled. And if any -shall refuse to take the said Oath, or absent themselves unless -in case of sickness, the Names of such shall be returned to the -Recorder of the County, who are to be proceeded against by -the County Courts respectively, for the first offence whereof he -is legally convicted, to pay such a fine as the County Court -shall impose, not exceeding five pounds, or three Moneths -Imprisonment in the common prison or house of Correction: -And for the second offence whereof he shall be lawfully convicted, -what summe the County Court shall inflict, provided -it exceed not ten pounds, or six Moneths Imprisonment without -Baile, or Mainprise. [1678.]</p> - -<p class='c000'>The officials of the Government, ignoring the copy -of the Oath of Allegiance given them by the royal -commissioners, took the Oath in Court as it is given -in Michael Dalton’s “The Countrey Justice,”—a -work of much esteem in its time, which passed through -some ten or eleven editions, three of which are in the -valuable Library of this Society, and one of them, -<span class='pageno' id='Page_47'>47</span>there is reason to believe, may have been the volume -used in this historical incident,—all of them declaring -that the same is to be understood as not infringing -the liberties and privileges granted in his Majesty’s -royal Charter to this Colony of the Massachusetts.</p> - -<p class='c000'>Regarding the manner of taking the Oath; the New -England custom was by holding up the right hand, as -opposed to the custom in England of holding, or -laying the hand on the Bible, or kissing it. This was -one of the irritating questions in dispute between the -Colonists and the Andros faction. Samuel Sewall, -in his Diary, under date of June 11, 1686, says: “I -read the Oath myself holding the book in my left hand, -and holding up my right hand to Heaven.” And, in -1687, Increase Mather discoursed on the “laying the -hand on and kissing the booke in swearing.” This -question continued to irritate, and was one of the predisposing -causes of the Revolutionary War in the -Province of New York. In 1772, a Bill was lost in -Council, “For Removing Doubts in the administration -of Oaths.” This Bill was designed to favor a -number of people, chiefly from Scotland and the -north of Ireland, who held conscientious scruples -against the present legal form of kissing the Bible; -and allow them to use the form in use in Scotland and -the New England Colonies of lifting up the right hand. -The weight of Episcopal authority denied them this -right.</p> - -<p class='c000'>In the colonization of New England the figure of -John Winthrop looms colossal. Given time, he would -have built an Empire whose only ruler would have been -the Lord of Hosts. He can hardly be called a Puritan—his -conversion came too late—but he was a -Congregationalist. His method was so simple as to be -open to the understanding of anyone, but it was a firm -principle of government. As an illustration: when -he was appealed to by a small group of settlers near -the border line of New Hampshire for information as -to how they could become freemen of the Colony of -<span class='pageno' id='Page_48'>48</span>Massachusetts-Bay, his reply was: “Get a Minister.” -When they answered that they had no Minister, and -did not know where to get one, again came back his -uncompromising reply: “Get a Minister.” In this -reply rested his whole system of colonization. It was -simplicity itself. The English Government recognized -its power when, by Proclamation, they endeavored -to prevent the emigration of Puritan -Ministers from England. “Get a Minister!” Gather -about him! Build him a church, and homes for yourselves -and families. This done, you have a Plantation. -When you have thus qualified to become freemen, -and have taken the Oath of a Freeman, you will -be entitled to hold office; assist in framing laws, and -enforcing those already made; and, as members of the -Commonwealth, be assured that all your rights will be -protected. This principle of government was firm, -but not repellent. If you could not conform to it there -was no reason for remaining among them. The world -was wide enough for every one. And you could go to -Maine, or Rhode Island. Under it was formed a -government that has never been equalled in prosperity, -morality and all that makes for happiness. No less a -personage than Hugh Peters has declared that in the -six years of his residence in the Colony of Massachusetts-Bay, -he had never seen a drunken man or heard -a profane oath.</p> - -<p class='c000'>The limits of their territory they continually enlarged -by firmly insisting upon the border lines of -their Patent, and even stretching them when near -some natural boundary; by purchasing the rights of -New Plymouth in the Colony of Maine, for 400 -pounds, they added a tract of seven hundred square -miles; by the purchase of the Gorges Patent, for 1,250 -pounds sterling, they acquired a jurisdiction over the -rest of the Province of Maine which made it a District -of Massachusetts down to the year 1820. There has -been a good deal of sympathy, and many unnecessary -tears have been shed over the so-called banishment of -<span class='pageno' id='Page_49'>49</span>Roger Williams to Rhode Island; but it was his friend, -John Winthrop, who whispered in his ear the desirability -of the location of the Providence Plantations. And -there was no reason why Roger Williams could not -have gone out from Salem with head erect, and with -his gaze fixed on the stars, as every good missionary -should go, knowing that the powers of the government -of Massachusetts-Bay was as much behind his settlement, -without an Oath, as it was behind the colonists -of Connecticut, and New Haven, who had gone out -from Cambridge, Watertown and Roxbury, carrying -with them the Oath of a Freeman as a principle of -their governments. In the Union of the Colonies of -Massachusetts-Bay, New Plymouth, Connecticut, -and New Haven, of which John Winthrop was the first -President, a new idea was advanced in his system of -government, which eventually attained greater results.</p> - -<p class='c000'>It cannot be said that John Winthrop accomplished -these things unaided. There were others who ably -assisted him, whose names, also, should be held in -honored remembrance. But through it all, can be -seen the firm, directing mind and purpose of a man -whose vision looked beyond his present to a future, -and a Republic that was to be.</p> - -<p class='c000'>And this is why our people should look upon The -Oath of a Freeman, which was his work, not alone as -the glorious first fruit of the Printing-Press in this -Country; but also as a great state paper which accomplished -without bloodshed, on a smaller scale it -is true, all that was achieved, one hundred and thirty-seven -years later, after seven years of warfare, through -the Declaration of Independence.</p> - -<div class='chapter'> - <h2 id='h43' class='c005'><em>In Connecticut and New Haven Colonies.</em></h2> -</div> - -<p class='c007'>The colonists of Connecticut, in the main, followed -closely the general system of laws of the Massachusetts -Bay Colony, from which they had emigrated. Their -<span class='pageno' id='Page_50'>50</span>form of government was theocratic, the Oath of a -Freeman being the test of citizenship. The settlers of -Windsor, who came from Dorchester with John Warham, -in 1635, did not, however, make church membership -a necessary qualification for holding civil office.</p> - -<p class='c000'>The settlers of Guilford, who were joined to New -Haven Colony, exercised their powers of government -by a system which conformed to the grant from Lord -Say and Brook to Theophilus Eaton and his company. -Like that at New Haven it was an aristocracy, but -modelled in a singular way. As a part of New Haven -Colony they were entitled to one Magistrate, who was -their head and invested with the whole executive and -judicial power. The settlers were divided into two -classes, freemen and planters. The freemen could -consist only of those who were church members, and -partook of the sacrament. They were all under oath -agreeably to their form of government. Out of their -number were chosen three or four deputies to sit with -the Magistrate in General Courts, and all public -officers. The planters consisted of all inhabitants -above the age of twenty-one years, with a certain -estate, which qualified them to vote in town meetings.</p> - -<p class='c010'>5 <sup>to</sup> Ap<sup>r</sup> 1638. A gen<sup>r</sup>all Cort at Hartford.</p> - -<p class='c010'>Forasmuch as it has pleased the Allmighty God by the wise -disposition of his diuyne p<sup>r</sup>uidence so to Order and dispose of -things that we the Inhabitants and Residents of Windsor, -Hartford and Wethersfield are now cohabiting and dwelling in -and vppon the River of Conectecotte and the Lands thereunto -adioyneing; And well knowing where a people are gathered -togather the word of God requires that to mayntayne the -peace and vnion of such a people there should be an orderly and -decent Gouerment established according to God, to order and -dispose of the affayres of the people at all seasons as occation -shall require: doe therefore assotiate and conioyne our selues -to be as one publike State or Com̄onwelth; and doe, for our -selues and our Successors and such as shall be adioyned to vs -att any tyme hereafter, enter into Combination and Confederation -togather, to mayntayne and p<sup>r</sup>searue the liberty and -purity of the gospell of our Lord Jesus w<sup>ch</sup> we now p<sup>r</sup>fesse, as -also the disciplyne of the Churches w<sup>ch</sup> according to the truth -<span class='pageno' id='Page_51'>51</span>of the said gospell is now practiced amongst vs; As also in o<sup>r</sup> -Ciuill Affaires to be guided and gouerned according to such -Lawes, Rules, Orders and decrees as shall be made, ordered & -decreed, as followeth: [The eleven Fundamentalls.] [1638.]</p> - -<p class='c000'>In Connecticut, it would appear that the Oath of -Fidelity required of all that were admitted freemen up -to July 1640, was as follows:</p> - -<h3 id='h45' class='c008'><span class='sc'>An Oath for Paqua’ and the Plantations there</span>:</h3> - -<p class='c013'>I A. B. being by the P<sup>r</sup>uidence of God an inhabitant w<sup>th</sup>in -the Jurisdiction of Conectecotte, doe acknowledge my selfe to -be subject to the gou<sup>r</sup>ment thereof, and doe sweare by the -great and dreadfull name of the eu<sup>r</sup> liueing God to be true and -faythfull vnto the same, and doe submitt boath my P<sup>r</sup>son & -estate thereunto, according to all the holsome lawes & orders -that ether are or hereafter shall be there made by lawfull -authority: And that I will nether plott nor practice any euell -agaynst the same, nor consent to any that shall so doe, but will -tymely discou<sup>r</sup> the same to lawfull authority established there; -and that I will maynetayne, as in duty I am bownd, the honor -of the same & of the lawfull Magestrats thereof, promoteing -the publike good thereof, whilst I shall so continue an Inhabitant -there, and whensou<sup>r</sup> I shall give my vote, suffrage or -p<sup>r</sup>xy, being cauled thereunto touching any matter w<sup>ch</sup> conserns -this Com̄onwelth, I will giue y<sup>t</sup> as in my conscience may -conduce to the best good of the same, w<sup>th</sup>out respect of p<sup>r</sup>son -or favor of any man; So helpe me God in the Lo: Jesus Christ. -[1640.]</p> - -<h3 id='h45a' class='c008'><span class='sc'>The Oath of a Freeman</span></h3> - -<p class='c009'>I, A. B. being by the P<sup>r</sup>uidence of God an Inhabitant w<sup>th</sup>in -the Jurisdiction of Conectecotte, doe acknowledge myselfe to -be subiecte to the Gouerment thereof, and doe sweare by the -great and fearefull name of the euerliueing God, to be true and -faythfull vnto the same, and doe submitt boath my p<sup>r</sup>son and -estate thereunto, according to all the holsome lawes and orders -that there are, or here after shall be there made, and established -by lawfull authority, and that I will nether plott nor practice -any euell ag<sup>t</sup> the same, nor consent to any that shall so doe, but -will tymely discouer the same to lawfull authority there established; -and that I will, as I am in duty bownd, mayntayne the -honner of the same and of the lawfull Magestratts thereof, -p<sup>r</sup>moting the publike good of y<sup>t</sup>, whilst I shall soe continue an -inhabitant there; and whensoeu<sup>r</sup> I shall giue my voate or -suffrage touching any matter w<sup>ch</sup> conserns this Com̄on welth -<span class='pageno' id='Page_52'>52</span>being cauled there unto, will give y<sup>t</sup> as in my conscience I shall -judge may conduce to the best good of the same, w<sup>th</sup>out -respect of p<sup>r</sup>sons or favor of any man. Soe helpe me God in o<sup>r</sup> -Lord Jesus Christe. Aprill the xth, 1640.</p> - -<hr class='c012' /> - -<p class='c010'>At a Generall Assembly held at Hartford, Aprill 20th, 1665, -there was presented to the Court the Propositions of his -Majesty’s Royal Commission which were read and answered as -follows;</p> - -<p class='c010'>1. That all householders inhabiting this Colony take the -oath of allegiance, and that the administration of justice be in -his Majesties name.</p> - -<p class='c010'>To this we returne, that according to his Majesties pleasure -exprest in o<sup>r</sup> Charter, o<sup>r</sup> Gouernour formerly hath nominated -and appoynted meet persons to administer the oath of allegiance, -whoe haue, according to their order, administred the s<sup>d</sup> oath -to seuerall persons allready; and the administration of justice -amongst us hath been, is and shall be in his Majesties name.</p> - -<p class='c010'>2nd Propos: That all men of competent estates and of ciuill -conuersation, though of different judgments, may be admitted -to be freemen, and haue liberty to chuse or to be chosen officers, -both military and ciuill.</p> - -<p class='c010'>To the 2d, our order for admission of freemen is consonant -w<sup>th</sup> that proposition.</p> - -<p class='c010'>3. Propos: That all persons of ciuill liues may freely injoy -the liberty of their consciences, and the worship of God in that -way which they thinke best, prouided that this liberty tend not -to the disturbance of the publique, nor to the hindrance of the -maintenance of Ministers regularly chosen in each respectiue -parish or township.</p> - -<p class='c010'>To the 3d Propos: We say, we know not if any one that -hath bin troubled by us for attending his conscience, prouided -he hath not distu<sup>r</sup>bed the publique.</p> - -<p class='c010'>4 Propos: That all lawes and expressions in lawes, -derogatory to his Majestie, if any such haue bin made in these -late troublesome times, may be repealed, altered and taken off -the file.</p> - -<p class='c010'>To the 4th p<sup>r</sup>pos: We return, we know not of any lawe or -expressions in any law that is derogatory to his Majesty -amongst us; but if any such be found, we count it o<sup>r</sup> duty to -repeal, alter it, and take it off the file, and this we attended -upon the receipt of our Charter. [1665].</p> - -<hr class='c012' /> - -<p class='c010'>At a Gen<sup>ll</sup> Assembly for election held at Hartford, May 11, -‘65. This Court declare that it is their full sense and determination -that such persons as are or hereafter shalbe approued to -<span class='pageno' id='Page_53'>53</span>be freemen of this Corporation shal take y<sup>e</sup> Oath that is already -established vpon record to be administered to y<sup>e</sup> -respectiue freemen: And further, that all such as shal refuse to -take the said oath, though otherwise approued p<sup>r</sup>sons yet shal -not p<sup>r</sup>take of the privilidges of those that have bene formally -incorporated into this civil society, vntil y<sup>e</sup> said Oath be -administred vnto them: Provided that this order includes not -either freemen formerly admitted and sworne or Assistants and -Com̄issioners that haue taken their corporal oaths or Deputies -that haue bene accepted into y<sup>e</sup> Gen<sup>ll</sup> Assembly to assist in ye -concernments of this corporation. [1665.]</p> - -<div class='chapter'> - <h2 id='h47' class='c005'><em>In New Haven Colony.</em></h2> -</div> - -<p class='c007'>“On the 4<sup>th</sup> day of the 4<sup>th</sup> month called June 1639, -all the free planters of the town to be called a year -later Newhaven, assembled together in a general -meetinge to consult about settling ciuill Gouernm<sup>t</sup> -according to God. * * * Mr. John Davenport -propounded divers (6) quæries to them publiquely -praying them to consider seriously * * * and to -giue their answers in such sort as they would be willing -they should stand upon recorde for posterity.”</p> - -<p class='c000'>These six fundamental agreements were assented to -by the lifting up of hands twice: once at the proposal -and again after when the written words were read unto -them.</p> - -<p class='c000'>And on the 25th of October next, the following -charge was given and accepted by them:</p> - -<h3 id='h47a' class='c008'><span class='sc'>Freeman’s Charge</span></h3> - -<p class='c009'>Yow shall neither plott, practise, nor consent, to any euill, -or hurt, against this Jurisdiction, or any part of it, nor against -The Civill Gouerment here established: And if you shall know -any person or persons w<sup>ch</sup> intend, plott, or conspire anything, -w<sup>ch</sup> tends to the hurt, or prjudice, of the same, you shall timely -discouer the same to Lawfull Authority here established, and -you shall assist, and be helpfull, in all the affaires of the Jurisdiction, -and by all meanes shall promoue the publique wellfare -of the same, according to yo<sup>r</sup> place, abillity, and opportunity; -you shall giue due hono<sup>r</sup> to the Lawfull Magistrats, and shall -be obedient, and subject, to all the wholesome Lawes, and -Orders, allready made, or w<sup>ch</sup> shall be hereafter made, by -<span class='pageno' id='Page_54'>54</span>Lawfull Authority afforesaide, and that both in yo<sup>r</sup> person, and -estate, and when you shall be duely called, to giue yo<sup>r</sup> vote, or -suffrage, in any Election, or touching any other matter, w<sup>ch</sup> -concerneth this Common wellth, yow shall giue it, as in yo<sup>r</sup> -conscience, you shall judg may conduse to the best good of the -same. [1639.]</p> - -<hr class='c012' /> - -<p class='c010'>At A Gen. Court held att Newhaven the 3<sup>d</sup> of Aprill 1644.</p> - -<p class='c010'>This day, a forme of an oath for the Governo<sup>r</sup> and magistrats -to take, and another forme of an oath to be imposed upon all -the inhabitants w<sup>t</sup>hin this jurisdiction was propounded to the -consideratiō of the court, who, after some serious debate and -consideratiō rested satisfyed w<sup>t</sup>h the said formes. And therevpon -ordered thatt itt should be forthw<sup>t</sup>h putt in executiō, -and whereas the Governo<sup>r</sup> doth shortly intend a journey to -Stamforde on other occasions, the Court desired him to improve -thatt opportunity, both at Stamforde and att Milford, -for the giveing of the oath, and the like att Guilforde in time -convenient. Itt was further ordered thatt no person or -persons shall hereafter be admitted as an inhabitant in this -jurisdictiō or any of the plantations therein butt he or they -shall take the said oath vpon his or their admittance.</p> - -<hr class='c012' /> - -<p class='c010'>On the 23 of June, 1644, The formes of two oathes were propounded -to the Court to be taken the next second day in the -morning, by all the inhabitants in this plantatiō, one of them is -to be taken by all, and the other by the Governo<sup>r</sup> onely.</p> - -<hr class='c012' /> - -<p class='c010'>Att a Gen<sup>rll</sup> Court held att Newhaven the 1<sup>t</sup> of July, 1644. -The Governo<sup>r</sup> tooke this oath as followeth,</p> - -<p class='c010'>I [Theophilus Eaton] being att a Gen<sup>rll</sup> Co<sup>rt</sup> in October last, -chosen Governo<sup>r</sup> w<sup>t</sup>hin Newhaven Jurisdictiō for a yeare then -to ensue, and vntill a new Governo<sup>r</sup> be chosen, do sweare by -the great and dreadfull name of the ever living God, to promove -the publique good and peace of the same, according to the best -of my skill, and will allso maintaine all the lawfull priviledges of -this comōwealth, according to the fundamentall order and -agreem<sup>t</sup> made for governm<sup>t</sup> in this jurisdictiō, and in like -manner will endeuo<sup>r</sup> thatt all wholsome lawes thatt are or -shall be made by lawfull authority here established be duely -executed, and will further the executiō of justice according to -the righteous rules of Gods worde, so help me God in o<sup>r</sup> -Lord Jesus Christ.</p> - -<hr class='c012' /> - -<p class='c010'>The Governo<sup>r</sup> haveing allso received the</p> - -<h3 id='h48' class='c008'><span class='sc'>Oath of Fidelity</span></h3> - -<p class='c009'>as followeth,</p> - -<p class='c010'>I [Theophilus Eaton] being by the providence of God an -inhabitant w<sup>t</sup>him Newhaven Jurisdictiō, doe acknowledge -<span class='pageno' id='Page_55'>55</span>myselfe to be subject to the goverm<sup>t</sup> thereof, and doe sweare by -the great and dreadfull name of the ever living God, to be true -and faithfull vnto the same, and doe submitt both my person -and my whole estate thervnto according to all the wholsome -lawes and orders thatt for present are or hereafter shall be -there made and established by lawfull authority, and thatt I -will neither plott nor practise any evill agst the same, nor -consent to any thatt shall so doe, butt will timely discover the -same to lawfull authority here established, and thatt I will as I -am in duety bounde, maintaine the hono<sup>r</sup> of the same and off -the lawfull magistrates thereoff, promoting the publique good -of the same whilest I shall continue an inhabitant there. -And whensoever I shall be duely called a free burgesse, according -to the fundamentall order and agreem<sup>t</sup> for governm<sup>t</sup> in this -jurisdictiō to give my vote or suffrage touching any matter w<sup>c</sup>h -concerneth this comō wealth, I will give itt as in my conscience -I shall judge may conduce to the best good of the same w<sup>t</sup>hout -respect of persons, So help me God in our Lord Jesus Christ.</p> - -<p class='c010'>Then he gave itt to all those whose names are herevnder -written, [Two hundred and sixteen names.] [1644.]</p> - -<p class='c000'>In May, 1665, the Colonies of Connecticut, and New -Haven were united as the Colony of Connecticut in -New England.</p> - -<h3 id='h49' class='c008'><span class='sc'>Oath of Allegiance</span></h3> - -<p class='c009'>Administered at New Haven, in May 1666, under powers -granted by Governor John Winthrop, according to his Maj<sup>ties</sup> -Charter granted to this Colony of Connecticut in New England.</p> - -<p class='c010'>You J[asper] C[rane], doe sweare faith and Allegeance to his -Maj<sup>tie</sup> Charles y<sup>e</sup> Second, as duty binds according to y<sup>e</sup> word of -God. And yo<sup>u</sup> doe hereby acknowledge that the Pope, nor -any other potentate hath powe<sup>r</sup> or autority or iurisdiction in -any of his Maj<sup>ties</sup> dominions, and y<sup>t</sup> only his Ma<sup>tie</sup> our sover<sup>n</sup> -Lord King Charles hath under God, supreme power in his -Ma<sup>ties</sup> dominions. And I doe abhor y<sup>e</sup> detestable opinion y<sup>t</sup> -the pope hath pow<sup>r</sup> to Depose princes. And this I doe from -my hart, soe help me God.</p> - -<p class='c000'>On the 31 October, 1687, Sir Edmund Andros, Knt. -took over into his hands the government of the Colony -of Connecticut in New England.</p> - -<div class='chapter'> - <h2 id='h49a' class='c005'><em>In Rhode Island and Providence Plantations.</em></h2> -</div> - -<p class='c007'>The settlement of Rhode Island by Roger Williams, -being partly occasioned by his refusal to take either the -<span class='pageno' id='Page_56'>56</span>Oath of Fidelity, or the Stranger’s Oath to the Colony -of Massachusetts-Bay will account for the absence of -all Oaths of Allegiance in the early history of the -Colony which he founded. From the first settlement -of the Colony of Rhode Island and Providence -Plantations to the present time an Oath could not be -required of any one; but in its place is required a -property qualification and an Affirmation.</p> - -<h3 id='h50' class='c008'><span class='sc'>Civil Compact</span></h3> - -<p class='c009'>We whose names are hereunder, desirous to inhabit in the -town of Providence, do promise to subject ourselves in active -and passive obedience to all such orders or agreements as shall -be made for public good of the body in an orderly way, by the -major consent of present inhabitants, masters of families, -incorporated together in a Towne fellowship, and others whom -they shall admit unto them only in civil things. [Richard -Scott, and twelve others.] August the 20th, [1637.]</p> - -<p class='c000'>This limiting of the powers of town meetings to -“civil things,” is the first expression in the new world -of a severance of the bonds of Church and State, and of -that principle of freedom of conscience for which the -founder had contended. This first Civil Compact was -followed, on the 7th day of the first month, 1638, by -the settlers at Aquidneck, with a</p> - -<h3 id='h50a' class='c008'><span class='sc'>Second Civil Compact</span></h3> - -<p class='c009'>We whose names are underwritten do here, solemnly, in the -presence of Jehovah incorporate ourselves into a Bodie Politick -and as he shall help, will submit our persons, lives and estates -unto our Lord Jesus Christ, the King of Kings and Lord of -Lords and to all those perfect and most absolute lawes of his -given us in his holy word of truth, to be guided and judged -thereby. Exod. 24. 3. 4, 2 Cron. 11.3, 2 Kings, 11. 17. -[William Coddington, and eighteen others.]</p> - -<p class='c010'>The 7th of the first month, 1638. We that are Freemen -Incorporate of this Bodie Politick do Elect and Constitute -William Coddington, Esquire, a Judge amongst us, and so -covenant to yield all due honour unto him according to the -lawes of God, and so far as in us lyes to maintaine the honour -and privileges of his place which shall hereafter be ratifyed -according unto God, the Lord helping us so to do.</p> - -<div class='lg-container-r c011'> - <div class='linegroup'> - <div class='group'> - <div class='line'>William Aspinwall, Sec’ry.</div> - </div> - </div> -</div> - -<p class='c010'><span class='pageno' id='Page_57'>57</span>I, William Coddington, Esquire, being called and chosen by -the Freemen Incorporate of this Bodie Politick, to be a Judge -amongst them, do covenant to do justice and Judgment -impartially according to the lawes of God, and to maintaine -the Fundamentall Rights and Privileges of this Bodie Politick, -which shall hereafter be ratifyed according unto God, the -Lord helping us so to do.</p> - -<p class='c010'>On the 3d Month, 13 day, 1638. It is ordered that none -shall be received as inhabitants or Freemen to build or plant -upon the Island but such as shall be received in by the consent -of the Bodye, and do submitt to the government that is or shall -be established, according to the word of God. [1638.]</p> - -<p class='c000'>From this arrangement, the first recorded Act regarding -freemen in the Colony, a minority seceded, -taking the Records with them, and drew up the following -instrument:</p> - -<div class='nf-center-c1'> -<div class='nf-center c011'> - <div>It is agreed</div> - </div> -</div> - -<p class='c010'>By vs whose hands are underwritten, to propagate a -Plantation in the midst of the Island or elsewhere; And doe -engage ourselves to bear equall charges, answerable to our -strength and estates in common; and that our determinations -shall be by major voice of judge and elders; the Judge to have a -double voice. [William Coddington, and eight others.] On -the 28th of the 2d Month, 1639.</p> - -<p class='c000'>Agreeing and ordering that the Plantation now begun -shall be called Newport.</p> - -<p class='c000'>The remaining members of the Aquidneck settlement -then organized a new government.</p> - -<div class='nf-center-c1'> -<div class='nf-center c011'> - <div>Aprill the 30th, 1639.</div> - </div> -</div> - -<p class='c010'>We whose names are underwritten doe acknowledge ourselves -the legall subjects of his Majestie King Charles, and in -his name doe hereby binde ourselves into a civill body Politicke, -assenting unto his lawes according to right and matters of -justice. [William Hutchinson, and thirty associates.]</p> - -<hr class='c012' /> - -<p class='c010'>By the Body Politicke on the Ile of Agethnec, inhabiting -this present, 25 of 9 = month, 1639.</p> - -<p class='c010'>In the fourteenth yeare of y<sup>e</sup> Raign of our Sovereign Lord -King Charles. It is agreed, That as natural subjects to our -Prince, and subject to his Lawes, all matters that concerne the -Peace shall be by those that are officers of the Peace transacted; -And all actions of the Case or Dept, shall be in such -<span class='pageno' id='Page_58'>58</span>Courts as by order are here appointed, and by such Judges as -are Deputed: Heard and Legally Determined.</p> - -<hr class='c012' /> - -<p class='c010'>At the Generall Court of Election began and held at -Portsmouth, from the 16th of March to the 19th of the same -mo., 1641.</p> - -<p class='c010'>1. It was ordered and agreed before the Election, that an -Ingagement by oath should be taken of all the officers of this -Body now to be elected, as likewise for the time to come; the -ingagement which the severall officers of the State shall give is -this; To the execution of this office I judge myself bound before -God to walk faithfully, and this I profess in y<sup>e</sup> presence of God.</p> - -<p class='c010'>3. It is ordered and unanimously agreed upon that the -Government which this Bodie Politick doth attend vnto in -this Island, and the Jurisdiction thereof, in favour of our -Prince is a Democracie, or popular Government; that is to say, -It is in the Powre of the Body of Freemen orderly assembled, -or the major part of them, to make or constitute Just Lawes, -by which they will be regulated, and to depute from among -themselves such Ministers as shall see them faithfully executed -between Man and Man.</p> - -<p class='c010'>16. It is ordered that Ingagement shall be taken by the -Justices of the Peace in their Quarter Sessions of all men or -youth above fifteen years of age, eyther by the oath of Fidelity, -or some other strong cognizance.</p> - -<p class='c010'>28. It is ordered and received, that the Ingagement that -already was given by the Freemen was and is of the same force -as that oath is which is authorized to be administered to the -Inhabitants, which oath Nicholas Easton, Rob’t Jeoffreys, and -Wm. Dyre did take in presence of the Courte.</p> - -<p class='c010'>29. It is ordered, that if any person or persons on the -Island, whether Freeman or Inhabitant, shall by any meanes -open or covert, endeavour to bring in any other Powre than -what is now established (except it be from our Prince by lawfull -commission), shall be accounted a delinquent under the -head of Perjurie.</p> - -<p class='c010'>30. It is ordered, that the Law of the last Court made concerning -Libertie of Conscience in point of Doctrine is perpetuated.</p> - -<h3 id='h52' class='c008'><span class='sc'>The Engagement of the Officers</span></h3> - -<p class='c009'>You, A. B. being called and chosen vnto public employment, -and the office of ——, by the free vote and consent y<sup>e</sup> Inhabitants -of the Province of Providence Plantations (now orderly -met), do, in the present Assemblie, engage yourself faithfully -and truly to the utmost of your power to execute the commission -<span class='pageno' id='Page_59'>59</span>committed vnto you; and do hereby promise to do neither -more nor less in that respect than that which the Colonie have -or shall authorize you to do according to the best of your -understanding.</p> - -<h3 id='h53' class='c008'><span class='sc'>The Reciprocal Engagement of the State to y<sup>e</sup> Officers</span></h3> - -<p class='c009'>We, the Inhabitants of the Province of Providence Plantations -being here orderly met, and having by free vote chosen -you ——, to public office and officers for the due administration -of Justice and the execution thereof throughout the whole -Colonie, do hereby engage ourselves to the utmost of our power -to support and vphold you in your faithfull performance thereof. -[1641.]</p> - -<p class='c010'>This Engagement was also agreed to by the Court of Commissioners -and Election. September y<sup>e</sup> 13th, 1654.</p> - -<p class='c010'>It is ordered by the present Assemblie, that this is y<sup>e</sup> engagement -of y<sup>e</sup> Generall officers any former forme to the contrarie -notwithstandinge.</p> - -<hr class='c012' /> - -<p class='c010'>At the General Court of the 21st of May, 1661, the words: -“in his Majesties name” was added after (“now orderly met”).</p> - -<hr class='c012' /> - -<p class='c010'>And Att a Generall Assembly of the Collony of Rhode -Iland and Providence Plantations the 4th of May, 1664:</p> - -<p class='c010'>This Assembly alsoe declareth against any parson acting in -any publike office, except hee first take the engagement -according to the forme hear subjoyned.</p> - -<p class='c010'>You, A. B., &c., sollemly engage to be true and faythfull -vnto our Soveraigne Lord the King, Charles the Second, of -England, Scotland, France and Ireland, and dominiones and -terrytoryes therevnto belonging; and to his sayd Majesty, -his heirs and successors, true allegeance to beare and exicute -your commission, charge and office, according to the best of your -skill and knowledge without partiallyty or affection to any; -and that according to the lawes already established, or to be -established in this Colony. This ingagement you make and -ingage to obsearve, vnder the penalty of perjury....</p> - -<p class='c010'>At the taking of the ingagement by any, ther must bee a -re-engagement given in the Colloneys name, to stand by and -assist such parsones in the exicution of ther offices and performance -of ther dutyes.</p> - -<p class='c010'>It is alsoe the pleasuer and appoynment of this Generall Assembly, -that none presume to vote in the matters afforesayd, -but such whome this Generall Assembly expresly by ther writting -shal admit as freemen.</p> - -<p class='c010'>The 19<sup>th</sup> of the ii<sup>th</sup> Month, 1645. Wee whose names are -heere after Subscribed, having obteyned a free Grante of -<span class='pageno' id='Page_60'>60</span>Twenty five Akers of Land a peece with right of Commoning, -according to the said proportion of Land; from the free Jnhabitants -of this Towne of providence; doe thankfully acsept -of the same; And heereby doe promise to yield Actiue; or -passiue Obeydience to the authority of established -in this Collonye; according to our Charter; and to all Such -wholesome Lawes & Orders, that are or shall be made, by the -major consent of this Towne of Providence; As alsoe not to -clayme any Righte, to the Purchasse of the Said plantation; -Nor any privilidge of Vote in Towne Affaires; untill we shall -be received as free = Men of the said Towne of Providence. -[1645.]</p> - -<h3 id='h54' class='c008'><span class='sc'>The Preamble to the Law Against Perjury</span></h3> - -<p class='c009'>Forasmuch as the consciences of sundry men, truly conscionable, -may scruple the giving or the taking of an oath, and it -would be nowise suitable to the nature and constitution of our -place, who profess ourselves to be men of different consciences -and not one willing to force another to debar such as cannot do -so, either from bearing office among us or from giving in -testimony in a case depending; be it enacted by the authority -of this present Assembly, that a solemn profession or testimony -in a court of record, or before a judge of record, shall be accounted, -throughout the whole colony, of as full force as an -oath. [1647.]</p> - -<p class='c000'>This is the more remarkable because at this time the -Friends did not yet as a distinct Society, hold to the -unlawfulness of oaths. And it is in complete concordance -with the teachings of Roger Williams.</p> - -<p class='c010'>Acts and Orders of the Generall Assembly, sitting at Newport, -May the 3, 1665.</p> - -<p class='c010'>Ordered, that this following shall be the forme for engaging all -officers in this Collony, called to place of publicke concernment, -&c., for the administration of justice, (viz):</p> - -<p class='c010'>Whereas, you are, A. B., by the free vote of the freemen of -this Collony of Rhode Island and Providence Plantations, &c., -called and chosen vnto the place and office of ——, in the said -Collony, &c., doe sollemly engage true eleageance vnto his -Majestye, his heires and successors, to beare, and in your said -office equall justice and right to doe vnto all persones within -this jurisdiction to the vtmost or best of your skill and ability -without partiality, according to the laws established, or that -shall be established in this said jurisdiction; [according to the -Charter as well in matters military as civill.] And this -<span class='pageno' id='Page_61'>61</span>engagement you make and give vpon the perill of the penalty -of perjury.</p> - -<p class='c010'>The reciprocall engagement is as follows, ordered to be given -by he that takes or administers the abovesaid engagement.</p> - -<p class='c010'>I doe, in the name and behalfe of this Collony, &c., re-ingage -to stand by you and to support you by all due assistance and -incouradgment in your performance and execution of your -aforesaid office according to your engagement.</p> - -<p class='c010'>Ordered, that the forme of engagement aforesaid shall be -used vntill further order; any former order or forme vsed or -prescribed to the contrary, or differing herefrom notwithstanding. -[1665.] These forms were re-enacted in 1677.</p> - -<p class='c000'>The Commission appointed by the King to assert -the rights of the Crown to the seven New England -Colonies, as the first of the propositions of his Majesty’s -will and pleasure in Rhode Island, proposed:</p> - -<p class='c010'>That all householders inhabiting this Collony take the oath -of alleagence and the administration of justice be in his -Majestyes name.</p> - -<p class='c010'>Wherevpon, and in a deepsence of his Majestyes most Royall -and wonderful grace and favour more pertickerlerly ... -in his letters pattents ... in which is expresed his ... -indulgence extended to tender consiences, differing in matters -of religious worshipe and conceanments; and more especially -in matters of formes of oathes and cerimonyes or circumstances -relating therevnto, ... considering therein the liberty of -concience therein granted.</p> - -<p class='c010'>The Assembly doe with one consent ... in all cheerfull -obediance ... and therein minding the preveledge -granted to tender conciences, doe in the first place order and -declare: that whereas in this Collony it hath ben alwayes -accounted and granted a liberty to such as make a scruple of -swearing and taken an oath, that in stead thereof they shall -engage, under the penalty of false swearing, though they -sweare not in publicke engagement, as well as if they did sweare, -that therefore this most loyall and resonable engagement be -given by all men capable within this jurisdiction for their -allegiance to the King, &c.</p> - -<hr class='c012' /> - -<p class='c010'>The forme of which engagement shall be as followeth:</p> - -<p class='c010'>You, A. B., sollemly and sincearly engage true and faithfull -aleagiance vnto his Majestye Charles the Second, King of -England, his heires and successors, to beare and due obediance -vnto the lawes established, from time to time in this jurisdiction, -to yeald vnto the vtmost of your power, according to the -<span class='pageno' id='Page_62'>62</span>previlidge by his said Majesty granted, in religioues and civill -concearnments to this Collony in the Charter; which said -engagement you make vnder the perill and penalty of perjury. -[1665.]</p> - -<p class='c000'>They further ordered that “this engagement shall be -administered to all that are already admitted freemen, -and that no man shall be admitted a freeman, and all -men that are householders or aged eighteen or more, -shall take the engagement or loose the priviledge of -freemen until they give the engagement premised.” -The passage of this law led to a long agitation by those -who thought it to be hard on the consciences by many -whom it rendered incapable from carrying on the -affairs of the corporation. And, in the following year, -the Assembly ordered and declared, “That such as are -free in their conscience so to do, give the Engagement, -or if they rather choose to give the oath of allegiance -now required in England, that shall be taken; but if -there are some words in either which, in conscience -they cannot condescend to say or use, may in open -court, or before two Magistrates adopt in equivalent -words significant of allegiance and submission to yield -obedience actively and passively, to the laws made by -virtue of his Majesty’s authority, he shall be restored -or admitted as freeman, any former law to the -contrary notwithstanding.”</p> - -<p class='c010'>At a Court held in his Majesty’s name, and under his -authority, at the towne of Westerly, in the King’s Province, -the 17th of September, 1679.</p> - -<p class='c010'>The inhabitants of Westerly, being by warrant required to -appeare at this Court to give the oath of allegiance to his -Majesty, and of fidellity to his Majesty’s authority for this -Collony, these persons hereunder named appeared and gave -oath, viz. [Thirty-three names.]</p> - -<p class='c010'>The oath given by the above written persons was in these -followinge words:</p> - -<p class='c010'>I doe truly and sincerely acknowledge, profess, testify and -declare in my conscience before God and the world, that our -Soverreign Lord, King Charles, is lawfull and rightfull King of -the Realm of England, and of all other his dominions and -<span class='pageno' id='Page_63'>63</span>countries; and that the Pope, neither of himselfe, nor by any -authority of the Church, or See of Rome, or by any other -meanes with any other, hath any power or authority to depose -the King, or to dispose of his Majesty’s kingdoms or dominions, -or to authorize any forreigne prince to invade, or annoy him, or -his country, or to discharge any of his subjects from their -allegiance and obedience to his Majesty; or to give license or -leave to any of them to beare armes, raise tumults, or offer any -violence or hurt to his Majesty’s Royall person, State or -Government, or to any of his Majesty’s subjects within his -Majesty’s dominions. Alsoe I doe sweare from my heart, that -notwithstanding any declaration or sentence of ex-communication, -or deprivation, made or granted, or to be made or granted -by the Pope or his successors, or by any authority derived or -pretended to be derived from him or his See against the said -King, his heires or successors, or any absolution of the said subjects -from their obedience, I will beare faith and true allegiance -to his Majesty, his heires and successors, and him and them -will defend to the uttermost of my power against all conspiracies -and attempts whatsoever which shall be made against his -or their persons, their Crowne and dignity, by reason or clause -of any such sentence or declaration or otherwise, and will doe -my best endeavour to disclose, and make knowne unto his -Majesty, his heires and successors, all treasons and traiterous -conspiracies, which I shall know or hear of, to be against him -or any of them. And I doe further sweare that I doe from my -heart, abhor, detest and abjure as impious and herritical, this -damnable doctrine and position, that princes which be excommunicated -or deprived by the Pope, may be deposed or -murthered by their subjects, or any other whatsoever. And I -doe believe and in my conscience am resolved, that neither the -Pope nor any person whatsoever, hath power to absolve me of -this oath, or any part thereof, which I acknowledge by good -and full authority to bee ministered unto me; and doe renounce -all pardons and dispensations to the contrary. And all -these things I doe plainly and sincerely acknowledge and -sweare according to these express words by me spoken, -according to the plaine and common sense and understandinge -of the same words, without any equivocation or mentall -evasion or secrett reservation whatsoever. And further, I -doe here solemnly engage all true and loyall obedience unto -his Majesty’s authority placed and established in this his -Collony of Rhode Island and Providence Plantations, and -King’s Province. And I doe make this recognition heartily, -willingly, and truly, upon the true faith of a Christian. So -help me God. [1679.]</p> - -<p class='c000'><span class='pageno' id='Page_64'>64</span>No further oaths, or engagements, appear until the -Administration of Sir Edmund Andros, in 1686, reduced -the Colony to the nature of a County under his -government.</p> - -<div class='chapter'> - <h2 id='h58' class='c005'><em>In New Hampshire Colony.</em></h2> -</div> - -<p class='c007'>As there was no constituted authorities over the -patent of New Hampshire, the Exeter settlers, under -the leadership of John Wheelwright, who had purchased -a tract thirty miles square from certain Indian -Sachems in April, 1638, were driven to the expedient -of agreeing upon a voluntary association for governmental -purposes. The executive and judicial functions -were vested in a board of three magistrates or -elders, of whom the chief was styled Ruler. They -were chosen by the whole body of freemen, who were -the electors and legislators, their enactments, however, -requiring the approval of the Ruler. An inhabitant -had to be admitted a freeman, before he could enjoy -the privileges of an elector. Under this association, -an agreement was drawn up by the Reverend John -Wheelwright, their leader, as follows:</p> - -<h3 id='h58a' class='c008'><span class='sc'>The Combination for Government at Exeter, with the Forms of Oaths for Rulers and People</span></h3> - -<p class='c009'>Whereas it hath pleased the lord to moue the heart of our -Dread Soveraigne Charles by the grace of God, King of England, -Scotland, France & Ireland, to grant license & liberty to -sundry of his subjects to plant themselves in the Westerne -partes of America: Wee, his loyall subjects, brethren of the -church of Exeter, situate & lying upon the river of Piscataquacke, -wh other inhabitants there, considering w<sup>th</sup> ourselves -the holy will of god and our owne necessity, that we should not -live w<sup>th</sup>out wholsome lawes & government amongst us, of w<sup>ch</sup> -we are altogether destitute; doe in the name of Christ & in the -sight of god combine ourselves together, to erect & set up -amongst us such government as shall be to our best discerning, -agreeable to the will of god, professing ourselves subjects to our -Soveraigne Lord King Charles, according to the libertys of our -English Colony of the Massachusets & binding ourselves -solemnely by the grace & helpe of Christ & in his name & feare -to submit our selves to such godly & Christian laws as are -<span class='pageno' id='Page_65'>65</span>established in the realme of England to our best knowledge, -& to all other such lawes wch shall upon good grounds be made -& inacted amongst us according to god y<sup>t</sup> we may live quietly -& peaceably together in all godliness and honesty. Mon. 5th -d., 4th, 1639. [John Whelewright, and thirty-four others.]</p> - -<p class='c000'>This was soon found to be unsatisfactory to some -other settlers, who thought its expressions too lavish -of loyalty to the King, and, in consequence, of prelacy; -and while they were willing to acknowledge in a general -way his sovereignty, and that they were his subjects, -they had no disposition to make any unnecessary -professions of allegiance. Another compact was then -drawn of the same purport, simply acknowledging the -King to be their Sovereign, and themselves his subjects. -This was executed in due form and went into -effect as the basis of government. But it did not bear -the test of trial. Curiously, because it did not contain -loyalty enough. And the original Combination -was re-executed with the following explanatory preamble:</p> - -<p class='c010'>Whereas a certen combination was made by us, the brethren -of the Church of Exeter, with the rest of the Inhabitants, -bearing date Mon. 5th. d. 4, 1639, wh afterwards, upon the -instant request of some of the brethren, was altered, & put into -such a forme of wordes, wherein howsoever we doe acknowledge -the King’s Majesty our dread Sovereigne & ourselves his subjects: -yet some expressions are contained therein wh may -seeme to admit of such a sence as somewhat derogates from that -due Allegiance wh we owe to his Highnesse, quite contrary to -our true intents and meanings: We therefore doe revoke, -disannull, make voyd and frustrate the said latter combination, -as if it never had beene done, and doe ratify, confirme and -establish the former, wh wee onely stand as being in force & -virtue, the wh for substance is here set downe in manner and -form following. Mon., 2d d., 2, 1640.</p> - -<p class='c000'>Both the Elders and the People were required to -take certain prescribed oaths, as follows:</p> - -<h3 id='h59' class='c008'><span class='sc'>The Elders or Rulers Oath</span></h3> - -<p class='c009'>You shall sweare by the great and dreadfull Name of the -high God maker & Gov<sup>r</sup> of heaven and earth, and by the Lord -Jesus Christ y<sup>e</sup> Prince of the Kings and Rulers of the earth -<span class='pageno' id='Page_66'>66</span>that in his name and feare you will Rule and Governe this -people according to the righteous will of God’s Ministeringe -Justice and Judgm<sup>t</sup> upon the workers of iniquity and Ministering -due incurreagm<sup>t</sup> and Countenance to well doers protecting -of people so farre as in you by the helpe of God lyeth from -forren Annoyance and inward disturbance that they may live -a quiett and peacable life in all godlyness and honesty. Soe -God bee helpful and gratious to you and yo<sup>rs</sup> in Christ Jesus.</p> - -<h3 id='h60' class='c008'><span class='sc'>The Oath of the People</span></h3> - -<p class='c009'>Wee doe here sweare by the Great and dreadful name of y<sup>e</sup> -high God, maker and Gouern<sup>r</sup> of Heaven & earth and by the -Lord Jesus X y<sup>e</sup> King & Savio<sup>r</sup> of his people that in his name & -fear we will submitt o<sup>r</sup> selves to be ruld & gouerned by, according -to y<sup>e</sup> will & Word of God and such holsome Laws & -ordinances as shall be derived theire from by O<sup>r</sup> honr<sup>d</sup> Rulers -and y<sup>e</sup> Lawfull assistance with the consent of y<sup>e</sup> people and y<sup>t</sup> -wee will be ready to assist them by the helpe of God in the -administration of Justice and p<sup>r</sup>servacon of peace with o<sup>r</sup> -bodys and goods and best endeavo<sup>rs</sup> according to God, so -God protect & saue us and O<sup>rs</sup> in Christ Jesus. [1640.]</p> - -<h3 id='h60a' class='c008'><span class='sc'>The Combination of the People of Dover to Establish a Form of Government</span></h3> - -<p class='c009'>Whereas sundry Mischiefes and inconveniences have befaln -us, and more and greater may in regard of want of Civill -Government, his Gratious Matie haveing hitherto settled no -Order for us to our knowledge:</p> - -<p class='c010'>Wee whose names are underwritten being inhabitants upon -the River Piscataquack have voluntarily agreed to combine -our selves into a Body Politique that wee may the more comfortably -enjoy the benefit of his Maties Lawes. And do hereby -actually ingage our Selves to Submit to his Royal Maties -Lawes together with all such Orders as shalbee concluded by a -Major part of the Freemen of our Society, in case they bee not -repugnant to the Lawes of England and administered in the -behalfe of his Majesty.</p> - -<p class='c010'>And this wee have mutually promised and concluded to do -and so to continue till his Excellent Matie shall give other -Order concerning us.</p> - -<p class='c010'>In Witness wee have hereto Set our hands the two & twentieth -day of October in the sixteenth yeare of the Reign of our -Sovereign Lord Charles by the grace of God King of Great -Brittain, France & Ireland Defender of the Faith &c. Annoq -Domi, 1640. [John Follett, and forty-one others.]</p> - -<p class='c000'><span class='pageno' id='Page_67'>67</span>Under these forms the administration of the affairs -of Exeter, and Dover, went on satisfactorily until, together -with Hampton and Portsmouth, they came -under the sway of Massachusetts-Bay in 1643; a -part of the price the latter were ready to pay for the -extension of their jurisdiction was that the citizens of -the New Hampshire towns were to be allowed the -elective franchise without reference to their being -church members. This arrangement continued under -the Laws of Massachusetts-Bay, as a part of Norfolk -County, until New Hampshire became, in 1680, a -Royal Province.</p> - -<p class='c010'>In the Generall Lawes and Liberties of the Province of New -Hampshire, made by the Generall Assembly in Portsm<sup>o</sup> the -16th of March, 1679/80 and Aproved by the Presid<sup>t</sup> and -Councill. The following is given as the status of</p> - -<h3 id='h61' class='c008'><span class='sc'>Freemen</span></h3> - -<p class='c009'>8. It is ordered by this Assembly and the authority thereof -y<sup>t</sup> all Englishmen being Protestants, y<sup>t</sup> are settled Inhabitants -and freeholders in any towne of this Province, of y<sup>e</sup> age of 24 -years, not viceous in life but of honest and good conversation, -and such as have 201 Rateable estate w<sup>th</sup>out heads of persons -having also taken the oath of allegiance to his Maj<sup>s</sup>, and no -others shall be admitted to y<sup>e</sup> liberty of being freemen of this -Province, and to give theire votes for the choice of Deputies -for the Generall Assembly, Constables, Selectmen, Jurors and -other officers and concernes in y<sup>e</sup> townes where they dwell; -provided this order give no liberty to any pson or psons to vote -in the dispossion or distribution of any lands, timber or other -properties in y<sup>e</sup> Towne, but such as have reall right thereto; -and if any difference arise about s<sup>d</sup> right of voting, it shall be -judged and determined by y<sup>e</sup> Presid<sup>t</sup> and Councill w<sup>th</sup> the -Gen<sup>ll</sup> Assembly of this Province.</p> - -<p class='c000'>This Body of Laws when sent to England for Royal -approval was disallowed.</p> - -<div class='chapter'> - <h2 id='h61a' class='c005'><em>In Province or County of Maine.</em></h2> -</div> - -<p class='c007'>The Colonization of what is called in the Charter -granted by Charles the First to Sir Ferdinando Gorges -in 1639, “The Province or Countie of Mayne,” -<span class='pageno' id='Page_68'>68</span>presented many difficulties. The extraordinary -governmental powers given to the Lord-Proprietary, -which were transmissible with the property to his -heirs and assigns, made of it a vast landed estate in -which there could not be much voluntary co-operation. -To assist in its government a board of Councilors was -appointed who before taking office were required to -“take the Oath of Allegiance according to the forme -now used in this his highness’ realme of England, and -shall alsoe take the Oath hereunto subscribed.”</p> - -<h3 id='h62' class='c008'><span class='sc'>Oath of Councilors of Province of Mayne</span></h3> - -<p class='c009'>I do swear and protest before God Allmighty and by the -holy contents of this Book to be a faithfull Servant and -Councellor unto Sir Ferdinando Gorges Knight my Lord of the -Province of Mayne, and to his heirs and assigns, to do and perform -to the utmost of my power all dutiful respects to him or -them belonging, concealing their Councells, and without respect -of persons to do, perform and give my opinion in all causes according -to my conscience, and best understanding both as I am -a Councellor for hearing of causes, and otherwise freely to give -him or them my opinion as I am a Councellor for matters of -State or Common-wealths and that I will not conceal from -him or them and their Councell any matter of conspiracy or -mutinous practice against my said Lord and his heirs but will -instantly after my knowledge thereof discover the same, and -prosecute the authors thereof with all diligence and severity -according to Justice, and thereupon do humbly kiss the Book. -Taken September 2, 1639.</p> - -<p class='c000'>On the death of Sir Ferdinando in 1647, his estate in -Maine passed to his son, John Gorges, who totally -neglected his inheritance not even replying to repeated -letters from the Gorges Colonists.</p> - -<p class='c000'>A Patent for lands on the Kennebeck River had been -given to the New Plymouth Colony in 1629. In 1649, -they let the trade upon it for a period of three years to -Governor William Bradford, and four associates. In -1652, the trade was sold to the same men for three -years longer. In that year, from actual survey, the -east line of the Massachusetts-Bay Colony was found -to encroach upon the liberties of the trade sold by and -<span class='pageno' id='Page_69'>69</span>to the New Plymouth officers; and, in 1653, Thomas -Prence was authorized to summon all and every inhabitant -of the Kennebeck country to assemble and -receive from him the instructions of the Plymouth -General Court: “1. That the people should take the -Oath of fidelity to the State of England, and to the -government of New Plymouth. 2. That they were -to be made acquainted with the Colony laws, applicable -to them, and establish suitable rules and regulations -to guide and govern them in their civil affairs. -3. None were to be inhabitants there but such as -should take the Oath of Allegiance. 4. None could -vote for an Assistant but such as should take the -Oath.”</p> - -<p class='c000'>The Oath required was in these words:</p> - -<p class='c010'>You shall be true and faithfull to the State of England, as it -is now established, and whereas you chuse at present to -reside within the government of New Plymouth, you shall not -do, or cause to be done, any act, or acts, directly or indirectly -by land or water, that shall, or may tend to the destruction or -overthrow of the whole or part of this government, that shall -be ordered, erected or established; but shall contrarywise, -hinder, oppose, or discover such intents and purposes, as tend -thereunto, to those that are in place for the time being; that -the government may be informed thereof with all convenient -speed; You shall also submitt, and observe all such good and -wholesome laws, ordinances, and officers as are, or shall be -established within the several limits thereof, So help you God, -who is the God of Truth and the punisher of falsehood. -[1653.]</p> - -<p class='c000'>This action constituted them freemen of Massachusetts, -on taking the Oath, without the prerequisite of -church membership. It was followed by a growing -discontent against the chief officers in New Plymouth -being lessees of the trade. The large returns which -had been confidently expected were not being realized, -and a jealousy of the people against those in power, -finally led to the sale of the Patent, embracing seven -hundred square miles, to a committee representing the -Massachusetts-Bay Colony, for four hundred pounds. -<span class='pageno' id='Page_70'>70</span>In 1677, after much controversy and trouble with the -heirs, Ferdinando Gorges, a grandson of the Lord-Proprietary, -sold his rights to the Massachusetts-Bay -Colony for one thousand two hundred and fifty pounds -sterling, and the Territory of Maine became a District -of Massachusetts down to the year 1820.</p> - -<hr class='c012' /> - -<p class='c000'>The power of an Oath is a subject for the Casuist. -But, in the brief period of this paper—less than the -span of life the Psalmist gives to man—we have seen -an Oath throne and dethrone monarchs; build up -and destroy flourishing Commonwealths; make and -unmake Statehoods; be a guarantee of peace, and an -incentive for war. Who, under these conflicting conditions, -can measure their influence but Him in whose -name and power they are made!</p> - -<div class='pbb'> - <hr class='pb c001' /> -</div> -<p> </p> -<div class='tnotes'> - -<div class='chapter'> - <h2 class='c005'>TRANSCRIBER’S NOTE</h2> -</div> - <ol class='ol_1 c003'> - <li>Table of contents added by transcriber. - - </li> - <li>Spelling in oaths or quoted sections is uncorrected. - - </li> - <li>Silently corrected typographical errors. - </li> - </ol> - -</div> - -<p> </p> -<p> </p> -<hr class="full" /> -<p>***END OF THE PROJECT GUTENBERG EBOOK OATHS OF ALLEGIANCE IN COLONIAL NEW ENGLAND***</p> -<p>******* This file should be named 53843-h.htm or 53843-h.zip *******</p> -<p>This and all associated files of various formats will be found in:<br /> -<a href="http://www.gutenberg.org/dirs/5/3/8/4/53843">http://www.gutenberg.org/5/3/8/4/53843</a></p> -<p> -Updated editions will replace the previous one--the old editions will -be renamed.</p> - -<p>Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. 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You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - - - - -Title: Oaths of Allegiance in Colonial New England - - -Author: Charles Evans - - - -Release Date: December 31, 2016 [eBook #53843] - -Language: English - -Character set encoding: ISO-646-US (US-ASCII) - - -***START OF THE PROJECT GUTENBERG EBOOK OATHS OF ALLEGIANCE IN COLONIAL -NEW ENGLAND*** - - -E-text prepared by Richard Tonsing and the Online Distributed Proofreading -Team (http://www.pgdp.net) from page images generously made available by -Internet Archive (https://archive.org) - - - -Note: Project Gutenberg also has an HTML version of this - file which includes the original illustrations. - See 53843-h.htm or 53843-h.zip: - (http://www.gutenberg.org/files/53843/53843-h/53843-h.htm) - or - (http://www.gutenberg.org/files/53843/53843-h.zip) - - - Images of the original pages are available through - Internet Archive. See - https://archive.org/details/oathsofallegianc00evan - - -Transcriber's note: - - Text enclosed by underscores is in italics (_italics_). - - Text enclosed by plus signs has been inserted (+inserted+). - - Text enclosed by equal signs was struck through - (=struck through=). - - A carat character is used to denote superscription. A - single character following the carat is superscripted - (example: y^e). Multiple superscripted characters are - enclosed by curly brackets (example: w^{th}). - - - - - -American Antiquarian Society - -OATHS OF ALLEGIANCE IN COLONIAL NEW ENGLAND - -by - -CHARLES EVANS - - - -Reprinted from the Proceedings of the American Antiquarian Society -for October, 1921 - - - - - - - -Worcester, Massachusetts, U.S.A. -Published by the Society -1922 - -The Davis Press -Worcester, Massachusetts - - - - -CONTENTS - - In England. - The Oath of Supremacy - Tenor of The Oath of Allegiance, &c. to be Taken and - Subscribed by Recusants - The Oath of Abjuration - In New Plymouth Colony. - Combination for Foundation of Government known as The - Mayflower Compact - Oath of Allegiance and Fidelity - The Oath of a Ffreeman - The Oath of a Resident - The Oath of a Ffreeman - The Oath of a Ffreeman - In Massachusetts-Bay Colony. - The Oath of a Freeman, or of a Man to be made ffree. - The Oath of Residents - The Oath of a Freeman - The Oath of a Free-man - Freemans Oath - Freemans Oath - Oath of Fidelitie - Oath of Fidelitie - Strangers Oath - Oath of Fidelitie - Freemans Oath - In Connecticut and New Haven Colonies. - An Oath for Paqua' and the Plantations there - The Oath of a Freeman - In New Haven Colony. - Freeman's Charge - Oath of Fidelity - Oath of Allegiance - In Rhode Island and Providence Plantations. - Civil Compact - Second Civil Compact - The Engagement of the Officers - The Reciprocal Engagement of the State to ye Officers - The Preamble to the Law Against Perjury - In New Hampshire Colony. - The Combination for Government at Exeter, with the Forms - of Oaths for Rulers and People - The Elders or Rulers Oath - The Oath of the People - The Combination of the People of Dover to Establish a Form - of Government - Freemen - In Province or County of Maine. - Oath of Councilors of Province of Mayne - - - - - OATHS OF ALLEGIANCE IN COLONIAL NEW ENGLAND - - -The antiquity of the custom of giving and taking Oaths, or the debatable -questions of their observance being a religious or legal ceremony, and -whether the moral or political aspect has the greater effect upon the -minds of men, are subjects with which this paper has nothing to do. - -And as the substance of Oaths for particular officers is to engage them -to a faithful discharge of their places and trusts to the best of their -ability, it has been considered, in general, unnecessary to give them, -especially as these offices carry with them the assumption that the -general Oaths required of all citizens have first been complied with. No -Oaths of office were administered or required in the New Plymouth -Colony, the power of the Church being, in effect, superior to the civil -power. - -For the main purpose of this paper it will not be necessary to go -further back in history than to the reign of James the First, of -England, 1603-1625, during which time the providences of God directed -the course of the voyage of the Pilgrims away from the Colony of -Virginia to their settlement at Plymouth in New England, in December, -1620; or to carry the subject beyond the time, in the short-lived reign -of James the Second, 1685-1689, when, in December, 1686, Sir Edmund -Andros, knight, arrived in Boston with a commission to govern New -England, and the Colonial period of New England came to an end. - - - - -_In England._ - - -When Henry the Eighth renounced the authority of the Pope, in 1534, an -Act of Parliament was obtained declaring him the only supreme head of -the Church in England on the earth; and utterly abolishing the authority -of the Roman Pontiff within the British Dominions. To give effect to -this Act there was further enacted: - - - THE OATH OF SUPREMACY - - I, A. B. do utterly testifie and declare in my Conscience, that the - Kings Highness is the only Supream Governour of this Realm, and of - all other His Highness Dominions and Countries, as well in all - Spiritual and Ecclesiastical things (or causes) as Temporal: And - that no Forraign Prince, Person, Prelate, State, or Potentate, hath, - or ought to have any jurisdiction, power, superiority, preheminence - or authority, Ecclesiastical or Spiritual within this Realm: and - therefore I do utterly renounce and forsake all forreign - jurisdiction, powers, superioritie, and authorities, and do promise - that from henceforth I shall bear Faith and true Allegiance to the - Kings Highness, His Heirs and lawful Successors, and (to my power) - shall assist and defend all jurisdiction, priviledge, preheminence, - & authority granted or belonging to the Kings Highness, His Heirs - and Successors, and united and annexed to the imperial Crown of the - Realm. So help me God, _&c._ - -The Act of Supremacy which broke the power of the Roman Catholic Church -in England, under Henry the Eighth, and his successor, Edward the Sixth, -was repealed under Mary Tudor, and revived under Elizabeth, in 1558. -Following the Gunpowder Plot, James the First, in 1605, had enacted an -Oath of Allegiance, also, which all British subjects were required to -take. This Oath of "submission and obedience to the King as a temporal -Sovereign, independent of any other power upon earth" contained no -acknowledgment of the King as the head of the Church, and, by this -omission, Roman Catholics could take it without denying the supremacy of -the Pope in spiritual affairs: - - - TENOR OF THE OATH OF ALLEGIANCE, &C. TO BE TAKEN AND SUBSCRIBED BY - RECUSANTS - - I. A.B. doe truely and sincerely acknowledge pfesse testifie and - declare in my Conscience before God and the Worlde, That our - Soveraigne Lorde Kinge James is lawfull and rightfull King of this - Realme and of all other his Majesties Dominions and Countries; And - that the Pope, neither of himselfe nor by any Authority of the - Churche or Sea of Rome, or by any other meanes with any other, hath - any Power or Authoritye to depose the King or to dispose any of his - Majesties Kingdomes or Dominions, or to authorize any Forraigne - Prince to invade or annoy hym or his Countries, or to discharge any - of his Subjects of their Allegiaunce and Obedience to his Majestie, - or to give Licence or Leave to any of them to beare Armes raise - Tumult or to offer any violence or hurte to his Majestie Royall Pson - State or Government or to any of his Majesties Subjects within his - Majesties Dominions. Also I doe sweare from my heart, that - notwithstanding any Declaracon or Sentence of Excommunicacon or - Deprivacon made or graunted or to be made or graunted by the Pope or - his Successors, or by any Authoritie derived or ptended to be - derived from hym or his Sea against the saide King his Heires or - Successors, or any Absolution of the saide Subjects from theire - Obedience; I will beare Faithe and true Allegiaunce to his Majestie - his Heires and Successors, and hym or them will defend to the - uttermost of my power against all Conspiracies and Attempts - whatsoever which shalbe made against his or theire persons theire - Crowne and Dignitie by reason or colour of any such Sentence or - Declaracon or otherwise, and will doe my best endevour to disclose - and make knowen unto his Majestie his Heires and Successors all - Treasons and traiterous Conspiracies which I shall knowe or heare of - to be against hym or any of them. And I doe further sweare, That I - doe from my heart abhor, detest and abjure as impious and hereticall - this damnable Doctrine and Position, that Princes which be - excomunicated or deprived by the Pope may be deposed or murthered by - theire Subjects or any other whosoever. And I doe beleeve and in my - Conscience am resolved, that neither the Pope nor any pson - whatsoever hath power to absolve me of this Oath or any parte - therof, which I acknowledge by good and full Authoritye to be - lawfully ministered unto mee, and doe renounce all Pardons and - Dispensacons to the contrarie; And all these things I do plainly and - sincerely acknowledge and sweare, according to these expresse wordes - by me spoken, and according to the playne and comon sense and - understanding of the same wordes, without any equivocacon or mentall - evasion or secret reservacon whatsoever; And I doe make this - recognicon and acknowledgment heartily willingly and truly upon the - true Faithe of a Christian: So help me God. Unto which Oath so - taken, the saide pson shall subscribe his or her Name or Marke. - [1605.] - -Both of these Oaths were commanded during the reign of Charles the -First, 1625-1649. - -By the third Charter of the Virginia Company, their Treasurer, or any -two of the Council, were empowered to administer the Oaths of Supremacy, -and of Allegiance, to all persons going to their Colony. And the -Pilgrims, through their chief men, agreed with the Virginia Company: -"The Oath of Supremacy we shall willingly take, if it be required of us, -if that convenient satisfaction be not given by our taking the Oath of -Allegiance. John Robinson. William Brewster." - -The Charter of the Massachusetts-Bay Company gave them broader powers in -that it did not exact this provision from them but gave the Company -liberty to admit new members, called "Freemen" of the Company, and no -method, conditions, or qualifications were presented for conferring this -privilege. Their leaders, as we shall see, were quick to take advantage -of the opportunity given them to frame their own Oaths of citizenship. -Too late the government in England, or rather that part which was -representative of the Church of England, realized the powers of -colonization this gave the dissenting churchmen; and, in 1637, a -Proclamation was issued, aimed principally to prevent the emigration of -Puritan Ministers, which commanded that none should be suffered to go to -New England "without a certificate that they had taken the Oaths of -Supremacy and Allegiance, and had conformed to the discipline of the -Church of England." In 1638, another Proclamation "commanded owners and -masters of vessels that they do not fit out any with passengers and -provisions to New-England, without license from the Commissioners of -Plantations." - -Another Oath, drawn up in England, also claims a place here because it -was sometimes voluntarily taken by settlers in the New England Colonies. -In the year 1655, during the Protectorate of Oliver Cromwell, an Oath, -probably similar to that prescribed by the Rump Parliament to the -Council of State, was enacted which was known as: - - - THE OATH OF ABJURATION - - I do hereby swear that I do renounce the pretended title of Charles - Stuart, and the whole line of the late King James; and of any other - person, as a single person pretending, or which shall pretend to the - crown or government of these nations of England Scotland and - Ireland, or any of them; and that I will, by the grace and - assistance of Almighty God, be true, faithful and constant to the - Parliament, and Commonwealth; and will oppose the bringing in, or - setting up any single person or House of Lords, and every - of them, in this Commonwealth. - -Soon after the Restoration, Charles the Second, by Proclamation -commanded that the Oaths of Supremacy and Allegiance be tendered to all -persons disaffected to the Government and, in case of refusal, that they -were to be prosecuted under the Statute of the 7th of James. During the -reign of his Roman Catholic successor, James the Second, the Oath of -Supremacy was allowed to lapse, and the Oath of Allegiance, only, was in -full force in the Colonies, up to the publication of his declaration of -liberty of conscience for all denominations in England and Scotland, in -1687-1688, which sealed his doom. - -These preliminaries are necessary to a full understanding of our subject -which naturally begins, in point of time, with the settlement - - - - -_In New Plymouth Colony._ - - -Strictly speaking, Plymouth was not a New England Colony. It was without -a Charter, and the functions of its government were those of a -Corporation. The power of the Oath of Allegiance their leaders had -assented to always seemed to hang over them, and paralyze the initiative -they should have taken. Their attempts to increase their circumscribed -boundaries at New Plymouth were futile; and, in the case of their -attempted settlement in Maine, disastrous both to the business -reputation of their leaders, and to the Corporation. They could spare -neither the men nor the means from the parent settlement to form -permanent settlements elsewhere. They seemed doomed to failure. And yet -hardly that, when we consider the impress upon our Nation made by their -sterling qualities of mind and heart, their patience and fortitude under -severe trials, the hopes and ambition of their teachings, and their -never-failing trust in God's Providence. These high qualities still -animate and live in the great and growing number who proudly claim their -ancestry from the Pilgrims at New Plymouth. - - - COMBINATION FOR FOUNDATION OF GOVERNMENT - known as - THE MAYFLOWER COMPACT - - In y^e name of God, Amen. We whose names are underwriten, the loyall - subjects of our dread soveraigne Lord, King James, by y^e grace of - God, of Great Britaine, Franc, & Ireland, king, defender of y^e - faith, &c. haveing undertaken, for y^e glorie of God, and - advancement of y^e Christian faith, and honour of our king and - countrie, a voyage to plant y^e first colonie in y^e Northerne parts - of Virginia, doe by these presents solemnly & mutualy in y^e - presence of God, and one of another, covenant & combine our selves - togeather into a civill body politick, for our better ordering & - preservation & furtherance of y^e ends aforesaid; and by vertue - hearof to enacte, constitute, and frame such just & equall lawes, - ordinances, acts, constitutions, & offices, from time to time, as - shall be thought most meete & convenient for y^e generall good of - y^e Colonie, unto which we promise all due submission and obedience. - In witnes wherof we have hereunder subscribed our names at Cap-Codd - y^e 11 of November, in y^e year of y^e raigne of our soveraigne - lord, King James, of England, France, & Ireland y^e eighteenth, and - of Scotland y^e fiftie fourth. An^o: Dom. 1620. [Forty-one names.] - -The Mayflower Compact has received full and adequate treatment in the -paper read before this Society in October, 1920, by Arthur Lord, LL.D. - -The exact date of the two forms of Oaths first given has not been -determined, but they are certainly later than the formation of the first -Council in 1624. - - - OATH OF ALLEGIANCE AND FIDELITY - - The forme of Oath ... which liue in this Colonie ... the Oth of - alegance to his maj ... fidelity to the same. - - You shall sweare by the name of the Great God ... & earth & in his - holy fear, & presence that you shall not speake, or doe, deuise, or - aduise, anything or things, acte or acts, directly, or indirectly, - By land, or water, that doth, shall, or may, tend to the destruction - or ouerthrowe of this present plantation, Colonie, or Corporation of - this towne Plimouth in New England. - - Neither shall you suffer the same to be spoken, or done, but shall - hinder, & oposse the same, by all due means you can. - - You shall not enter into any league, treaty, Confederac or - combination, with any, within the said Colonie or without the same - that shall plote, or contriue any thing to the hurte, & ruine of the - growth, and good of the said plantation. - - You shall not consente to any shuch confederation, nor conceale any - known vnto you certainly, or by conje but shall forthwith manifest & - make knowne the same, to the Gouernours of this said towne for the - time being. - - And this you promise & swear, simply, & truly, & faithfully to - performe as a true christian [you hope for help from God, the God of - truth & punisher of falshoode.] - - The forme of the Oath which ... of the Gouernour, & Counsell at - euery Election of any of them. - - You shall swear, according to that wisdom, and measure of discerning - giuen vnto you; faithfully, equally & indifrently without respect of - persons; to administer Justice, in all causes coming before you. And - shall labor, to aduance, & furder the good of this Colony, & - plantation, to the vtmost of your power; and oppose any thing that - may hinder the same. So help you God. - -The words, "a true Christian" were afterwards crossed out, and the form -used later: "as you hope for help from God, the God of truth and -punisher of falsehood" was substituted. - -By the Laws of 1636, every freeman was required to take the following -Oath: - - - THE OATH OF A FFREEMAN - - You shall be truly loyall to our Sov Lord King Charles, his heires & - successors, [the State & Govern^t of England as it now stands.] You - shall not speake or doe, devise or advise any thing or things act or - acts directly or indirectly by land or water, that doth shall or may - tend to the destruccon or overthrow of this prnt plantacons Colonies - or Corporacon of New Plymouth, Neither shall you suffer the same to - be spoken or done but shall hinder oppose & discover the same to the - Govr & Assistants of the said Colony for the time being or some one - of them. You shall faithfully submit unto such good & wholesome laws - & ordnanc & as either are or shall be made for the ordering & - governm^t of the same, and shall endeavor to advance the growth & - good of the severall Colonies plantations w^{th} in the limit & of - this Corporacon by all due meanes & courses. All w^{ch} you promise - & sweare by the name of the great God of heaven & earth simply truly - & faithfully to pforme as you hope for help fro God who is the God - of truth & punisher of falsehood. [1636] - -Following the outbreak of civil war in England in 1638, the words "our -sovereign lord King Charles his heirs and successors" were erased, and -loyalty to "the State and Government of England as it now stands" -substituted. The modern rendering intermixed is probably an attempt by -the transcriber to fill out missing or undecipherable paragraphs or -sentences. - -According to Francis Baylies' "Historical Memoir of New Plymouth," (I: -235,) the following Oath was prescribed to be taken by any residing in -the government of New Plymouth: - - - THE OATH OF A RESIDENT - - You shall be truly loyal to our sovereign lord King Charles, his - heirs and successors, and whereas you choose at present to reside - within the government of New Plymouth, you shall not do or cause to - be done any act or acts directly or indirectly, by land or water, - that shall tend to the destruction or overthrow of the whole or any - of the several plantations or townships within the said government - that are or shall be orderly erected or established, but shall - contrariwise hinder, oppose, and discover the same, and such intents - and purposes as tend thereunto, to the Governor for the time being, - or some one of the assistants with all convenient speed. You shall - also submit unto and obey all such good and wholesome laws, - ordinances, and offices as are or shall be established within the - limits thereof. So help you God. [1636.] - -The disturbed state of England is also reflected in the 1658 revision of -the Laws when "our sovereign lord the King, his heirs and successors" is -substituted for "the present State and Government of England," as -follows: - - - THE OATH OF A FFREEMAN - - You shalbee truely Loyall to the present State and Goument of - England [our Sou^r Lord the King his heires and Successors.] You - shall not speake or doe deuise or aduise Any thinge or thinges Acte - or Actes directly or Indirectly by Land or Water that doth shall or - may tend to the destruction or ouerthrow of these present - plantations or Townshipes of the Corporation of New Plymouth neither - shall you suffer the same to bee spoken or done but shall hinder - oppose and discouer the same to the Gou^r And Assistants of the said - Collonie for the time being; or some one of them; you shall - faithfully submitt vnto such good and wholesome Lawes and ordinances - as either are or shalbee made for the ordering and Gou^rment of the - same; and shall Indeuor to aduance the grouth and good of the - seuerall townshipes and plantations within the Lymetts of this - Corporation by all due meanes and courses; All which you pmise and - Sweare by the Name of the great God of heauen and earth simply - truely and faithfully to pforme as you hope for healp from God who - is the God of truth and the punisher of falchood. [1658.] - -At the time of the 1671 revision of the Laws, Charles the Second had -been firmly seated on the English throne for ten years, but his name is -omitted from the superscription of the following Oath. The intensity of -the feeling in the New England Colonies towards even the name of the two -kings is shown in the fact that until after the middle of the next -century Harvard College had only three graduates, if the three Charles -Chaunceys, with whom it was a family name in England, are omitted, and -Yale College only one graduate who bore the Christian name of Charles. - - - THE OATH OF A FFREEMAN - - You shalbee truely Loyall to our Sou^r Lord the Kinge his heires and - Successors; you shall not doe nor speake deuise or aduise any thinge - or thinges act or actes directly or Inderectly by Land or water; - that shall or may tend to the destruction or ouerthrow of any of - these plantations or towneshipes of the Corporation of New Plymouth; - neither shall you suffer the same to bee spoken or done but shall - hinder oppose and discouer the same to the Gou^r and Assistants of - the said Collonie for the time being or some one of them; you shall - faithfully submitt vnto such good and wholesome lawes and - ordinances; as either are or shalbee made for the ordering and - Gou^rment of the same; and shall endeauor to advance the good and - grouth of the seuerall Towneshipes and plantations within the - Lymetts of this Corporation by all due meanes and courses; all which - you p^rmise and sweare by the Name of the great God of heauen and - earth simply truely and faithfully to pforme as you hope for healpe - from God whoe is the God of truth and the punisher of ffalchood. - [1671.] - - - - -_In Massachusetts-Bay Colony._ - - -When on the 4th of March 1628/9, Charles, "by the grace of God, Kinge of -England, Scotland, Fraunce, and Ireland, Defender of the Fayth, &c. in -the fourth yeare of our raigne" did by letters patent grant unto Sir -Henry Rosewell and his twenty-five associates, their heirs and assigns -forever, all that certain part of the grant of New England which his -"deare and royall father, Kinge James of blessed memory ... hath given -and graunted vnto the Counsell established at Plymouth in the County of -Devon" and which the said Council by deed dated the 19th of March, -1627/8, had "given, graunted, bargained, soulde, enfeoffed, aliened and -confirmed" to Sir Henry Rosewell, Sir John Young, Knightes, Thomas -Southcott, John Humphrey, John Endecott and Symon Whetcombe, their heirs -and associates forever, "To be houlden of vs our heires and successors, -as of our manor of Eastgreenewich, in the County of Kent, within our -realme of England," under the name of the "Governor and Company of the -Mattachusetts Bay in Newe England, one bodie politique and corporate in -deede, fact, and name, ... and that by that name they shall have -perpetuall succession,"--may acquire lands, &c. have a common seal; and -that there shall be one Governor, one Deputy Governor, and eighteen -assistants to be chosen out of the freemen. He went farther, and -constituted "our welbeloved Mathewe Cradocke to be the first and present -Governor; Thomas Goffe to be Deputy Governor, and eighteen of the other -associates to be Assistants, who before they undertake the execution of -their offices and places shall respectively take their corporal oaths -for the faithful performance of their duties." The Oath for Matthew -Craddock, as Governor, to be administered by a Master of the Chancery, -the Governor was then empowered to administer the oaths to the Deputy -Governor and Assistants nominated in the Charter. Oaths to subsequent -officers being arranged: the new Governor to take the Oath before the -old Deputy Governor, or two Assistants; and the new Deputy Governor, -Assistants and all other officers hereafter chosen to take the oath -before the Governor for the time being. They were empowered to transport -any of our loving subjects, or any strangers willing to become our -loving subjects, and any seven at least of their number had "full power -and authoritie to choose, nominate, and appointe such and soe many -others as they shall thinke fitt, and that shall be willing to accept -the same, to be free of the said Company and Body, and Them into the -same to admitt." All subjects inhabiting the lands granted, and their -children "which shall happen to be borne there, or on the seas in goeing -thither, or retorning from thence shall have and enjoy all liberties and -immunities of free and natural subjects, ... as yf they and everie of -them were borne within the realme of England." And the Governor and -Deputy Governor, and any two or more of the Assistants, at any of their -Courts or Assemblys shall and may at all times have full power to give -the Oath of Office and Oaths of Supremacy and Allegiance, or either of -them, to every person who may go to New England to inhabit in the same. -They were also authorized to make "the formes of such Oathes warrantable -by the lawes and statutes of this our realme of England as shalbe -respectivelie ministered vnto them, for the execucon of the said -severall offices and places ... and ministring the said oathes to the -newe elected officers." - -At the end of the Charter appeared the Oath of Governor: - - PRAEDICT, Matthaeus Cradocke Juratus est de Fide et Obedientia Regi - et Successoribus suis, et de Debita Exequutione Officij Gubernatoris - iuxta Tenorem P^r sentium, 18^o Martij, 1628. Coram me, Carola - Caesare, Milite, in Cancellaria Mro. - - Char. Caesar. - -By this Charter, under the privy seal of Cardinal Wolseley, was, -unwittingly, planted the seed of the fairest flower that ever bloomed in -the garden of colonization since Eden. - -Up to August, 1630, the business of the Massachusetts-Bay Company was -transacted in London. But the business of the Massachusetts-Bay Colony -may be said to have really begun in May, 1631. - -At "A Gen^rall Court holden att Boston, the 18th day of May, 1631. John -Winthrop, Esq was chosen Goun^r for a whole yeare nexte ensueinge by the -gen^rall consent of the Court, according to the meaneing of the pattent, -and did accordingly take an oathe to the place of Goun^r belonginge." - -"Tho: Dudley, Esq, is also chosen Deputy Goun^r for this yeare nexte -ensuing, & did in p^rsence of the Court take an oath to his place -belonginge." And "to the end the body of the comons may be p^rserued of -honest & good men, it was likewise ordered and agreed that for time to -come noe man shalbe admitted to the freedome of this body polliticke, -but such as are members of some of the churches within the lymitts of -the same." - -The Law that all freemen must be church members, while assented to in -Salem in 1631, was modified in 1632, probably for local reasons, that no -civil magistrate could be an elder in the church. - -To give force to this law an Oath of Freemen was required, and this -service the newly appointed Governor and the Deputy Governor elected to -perform. The result of their labors, the original draft of the Oath of a -Freeman, in the handwriting of the first and greatest of the Governors -of the Commonwealth of Massachusetts, and the Oath of a Servant, in the -handwriting of the second Governor--a document perhaps only surpassed in -historical interest and importance by, and worthy to rank with, the -Declaration of Independence--is now, appropriately, in the possession of -the Public Library of the City of Boston, and its preservation assured. - -Through the courtesy of the Trustees, this Society is permitted again to -give publicity to the excellent facsimiles of these interesting -documents, together with transcriptions of the somewhat obscure -handwriting, with interlineations and cancelled words showing, line for -line, the changes made by the authors, which first appeared in the -_Bulletin_ of the Library for July, 1894. - - - THE OATH OF A FREEMAN, OR OF A MAN TO BE MADE FFREE. - - I, A. B. &c. being, by the Almighties most wise disposicon, become a - memb^r of this body, consisting of the Goun^r, Deputy Goun^r, - Assistants, & a com^nlty of the Mattachusets in Newe England, doe, - freely & sincerely acknowledge that I am iustly & lawfully subject - to the goum^t of the same, & doe accordingly submitt my pson & - estate to be ptected, ordered, & gouned by the lawes & constitucons - thereof, & doe faithfully pmise to be from time to time obedient & - conformeable therevnto, & to the authie of the said Goun^r & - Assistants & their success^rs, & to all such lawes, orders, - sentences, & decrees as shalbe lawfully made & published by them or - their successors; and I will alwaies indeav^r (as in dutie I am - bound) to advance the peace & wellfaire of this bodie or comonwealth - to my vtmost skill & abilitie; & I will, to my best power & meanes, - seeke to devert & prevent whatsoeuer may tend to the ruyne or damage - thereof, or of any the said Goun^r, Deputy Goun^r, or Assistants, or - any of them, or their success^rs, and will giue speedy notice to - them, or some of them, of any sedicon, violence, treachery, or other - hurt or euill which I shall knowe, heare, or vehem^tly suspecte to - be plotted or intended against the said comonwealth, or the said - goum^t established; and I will not att any time suffer or giue - consent to any counsell or attempt that shalbe offered giuen, or - attempted for the impeachm^t of the said goum^t, or makeing any - change or alteracon of the same, contrary to the lawes & ordinances - thereof, but shall doe my vtmost endeav^r to discover, oppose, & - hinder, all & euy such counsell & attempts. Soe helpe me God. - [1631.] - -[Illustration: - - Fac-simile of the Freemen's Oath - - - The oath of a serv^t. - - I. N. N. serv^t of &c. haveinge heard and vnderstoode that - our--soveraigne Lord Kinge Charles hath by his lres patents vnder - the great seale of England graunted power and aucthoryty vnto a - Governo^r a Deputy Governo^r &. 18. Assistants to rule governe & - Judge all psones wch doe or shall inhabyte =in or= - betweene =the= Charles ryver &. 3. myles southward & - merimack ryver &. 3. myles northwards in new England & soe - westwards to the south sea, =beinge= wthin wch - =compa= lymitts I doe nowe--inhabyt - - Doe promise =to be= at all tymes hereafter Dureinge my - abode in America +to be+ obedyent to all lawes orders - constitutions & comaunds wch by the =s b= said Governo^r - Deputy Governo^r and assistants +for the tyme being+ or - the greater pte of them shall be +lawfully+ made or - given--forth & shall come to my =k= heareinge, And to be - true and faith full to them & their governemt, And I likewise - promise that if I shall know +heare of =or heare of= - or suspect+ =of= any hurt or losse intended against - any of them I will reveale the same to one or more of them wth all - convenyent--speede, And to bind my selfe to the faithfull - pformance of this promise, I sweare by the name of the onely true - God the lover of truth & the avenger of falshood] - -[Illustration: - - The oath of a man +free or+ to be made free. - - I. N. N. vt supra. and +=being=+ =having - likewise heard and vnderstoode= said. N.N. =of= - being now by the said Governo^r & assistants to be made a free man - of the said plantacon & +thereby enabled+ to have a voice - in the choise of the said. 20. Deputed psones soe aucthorised as - aforesaid as =the sai= any of their places are or shalbe - voide =and I shalbe therevnto called in a lawfull assembly, - doe hereby promise vt supra= I doe promise that =when I - s= at all tymes when I shalbe there vnto lawfully called by - the said Governem^t, to give my voice for the electing of such - psone =therevnto= & psones vnto such voide places as I - =the= shall =und= thinke to be =the wisest - godliest & ablest for the discharg= men of wisedome & - courage--feareinge God & hateing covetousnes all ptyalyty =& - by= sett aside, and to bind &c vt supra.] - -[Illustration: - - The Oath of ffreemen: - - I A: B: &c: =beinge= beinge by the Allmightyes most wise - despositio become a member of this bodye consisting of the - Governor +Deputye+ Assistants & Comonalty of the - Mattachusetts in n: e: doe freely & sincerely acknowledge that I - am iustlye & lawfully subiect to the Goverment =there= of - the same +=both Civill & Ecclesiasticall=+ & doe - accordingly submitt my pson & estate to be protected ordered & - governed by the Lawes & Constitutns therof: & doe faithfully - promise to be from tyme to tyme obedient & conformable therevnto, - & to the Authe of the sd Governor & Assistants & their successors, - & to all such Lawes orders sentences & decrees as shalbe - +lawfully+ made & published by them or their successors. - And I will allwayes endeavo^r (as in dutye I am bounde) to advance - the peace & wellfare of this bodye or Com: w: to my vttmost - =power= +skill & ability.+ =&= And I - will to my =vtmost power= best =ability= power & - meanes seeke to deverte & prevent whatsoever may tende to the - ruyne or damage thereof or of any the sd Governor Deputy Governor - =&= +or+ Assistants or any of them or their - successors: & will give spedye notice to them or some of them of - any =evill= seditio, violence, treacherye or other hurt - or evill, wch I shall knowe, heare, or vehemently suspecte to be - =intended or= plotted or intended ag^t them =sd= - or ag^t the said =Goverment= Com: w: or the sd Goverm - established: - - And I will not at any tyme suffer or give Consent to any Counsell or - Attempt that shalbe offered =or= given or Attempted for - the impeachment of the sd Goverment or makinge any change or - Alteratio of the same, contrary to the Lawes & =Customes= - ordinances =of the same= thereof, but shall doe my vtmost - endeavo^r to discover & oppose & hier all & everye such Counsells] - - * * * * * - - Att a Gen^rall Court, holden att Newe Towne [Cambridge]. March 4th, - 1634. - - It is further ordered that euy man of or above the age of sixteene - yeares, whoe hath bene, or shall hereafter be, resident within this - iurisdiccon by the space of sixe monethes, (as well servants as - others,) & not infranchized, shall take the oath of residents before - the Goun^r, Deputy Goun^r, or two of the nexte Assistants, whoe - shall haue power to convent him for that purpose, & vpon his - refuseall, to binde him ouer to the nexte Court of Assistants, & - vpon his refuseall the second tyme, to be punished att the discrecon - of the Court. - - It is ordered that the ffreemens oath shalbe gyven to euy man of or - above the age of 16 yeares, the clause for the eleccon of - magistrates onely excepted. - - * * * * * - - At A Court holden att Boston, Aprill 1th, 1634. - - It was further ordered, that euy man of or above the age of twenty - yeares, whoe hath bene or shall hereafter be resident within this - jurisdiccon by the space of sixe monethes, as an householder or - soiorner, and not infranchised, shall take the oath herevnder - written, before the Goun^r, or Deputy Goun^r, or some two of the - nexte Assistants, whoe shall haue power to convent him for that - purpose, and vpon his refuseall, to binde him ouer to the nexte - Court of Assistants; and vpon his refuseall the second tyme, hee - shalbe banished, except the Court shall see cause to giue him - further respite. - - - THE OATH OF RESIDENTS - - I doe heare sweare, and call God to witnes, that, being nowe an - inhabitant within the lymitts of this juridiccon of the - Massachusetts, I doe acknowledge myselfe lawfully subject to the - aucthoritie and gouerm^t there established, and doe accordingly - submitt my pson, family, and estate, to be ptected, ordered, & - gouerned by the lawes & constitucons thereof, and doe faithfully - pmise to be from time to time obedient and conformeable therevnto, - and to the aucthoritie of the Goun^r, and all other the Magistrates - there, and their success^rs, and to all such lawes, orders, - sentences, & decrees, as nowe are or hereafter shalbe lawfully made, - decreed, & published by them or their success^rs. And I will alwayes - indeav^r (as in duty I am bound) to advance the peace & wellfaire of - this body pollitique, and I will (to my best power & meanes) seeke - to devert & prevent whatsoeuer may tende to the ruine or damage - thereof, or of y^e Goun^r, Deputy Goun^r, or Assistants, or any of - them or their success^{rs}, and will giue speedy notice to them, or - some of them, of any sedicon, violence, treacherie, or oth^r hurte - or euill w^{ch} I shall knowe, heare, or vehemently suspect to be - plotted or intended against them or any of them, or against the said - Comon-wealth or goum^t established. Soe helpe mee God. [1634.] - - * * * * * - - Att a Gen^rall Courte, holden att Boston, May 14th, 1634. - - It was agreed & ordered, that the former oath of ffreemen shalbe - revoked, soe farr as it is dissonant from the oath of ffreemen - herevnder written, & that those that receaved the former oath shall - stand bound noe further thereby, to any intent or purpose, then this - newe oath tyes those that nowe takes y^e same. - - - THE OATH OF A FREEMAN - - I, A. B., being, by Gods providence, an inhabitant & ffreeman within - the jurisdiccon of this comonweale, doe freely acknowledge my selfe - to be subiect to the goverm^t thereof, & therefore doe heere sweare, - by the greate & dreadfull name of the euerlyveing God, that I wilbe - true & faithfull to the same, & will accordingly yeilde assistance & - support therevnto, with my pson & estate, as in equity I am bound, & - will also truely indeav^r to mainetaine & preserue all the libertyes - & previlidges thereof, submitting my selfe to the wholesome lawes & - orders made & established by the same; and furth^r, that I will not - plott nor practise any evill against it, nor consent to any that - shall soe doe, but will timely discover & reveale the same to - lawfull aucthority nowe here established, for the speedy preventing - thereof. Moreouer, I doe solemnely binde myselfe, in the sight of - God, that when I shalbe called to giue my voice touching any such - matter of this state, wherein ffreemen are to deale I will giue my - vote & suffrage, as I shall iudge in myne owne conscience may best - conduce & tend to the publique weale of the body, without respect of - psons, or fav^r of any man. Soe helpe mee God in the Lord Jesus - Christ. [1634.] - - Further, it is agreed that none but the Gen all Court hath power to - chuse and admitt freemen. - -[Illustration: - - FAC-SIMILE OF ORIGINAL MANUSCRIPT RECORD - - In the Handwriting of Secretary Simon Bradstreet - last Colonial Governor of Massachusetts Bay] - -The text of the Oath given above is that given in the body of the Colony -Records, in the handwriting of Simon Bradstreet, the Secretary, and -differs only in the spelling of words from that of the transcriber (who -may have been Secretary Bradstreet himself) of the copy in the -Miscellaneous Records, which were transferred by the Compiler from their -regular order to the end of the first volume of the Records at page 354. - - - THE OATH OF A FREE-MAN - - I (A. B.) being by Gods providence an Inhabitant, and Freeman, - within the Jurisdiction of this Commonwealth; do freely acknowledge - my self to be subject to the Government thereof: And therefore do - here swear by the great and dreadful Name of the Ever-living God, - that _I_ will be true and faithfull to the same, and will - accordingly yield assistance & support thereunto, with my person and - estate, as in equity _I_ am bound; and will also truly endeavour to - maintain and preserve all the liberties and priviledges thereof, - submitting my self to the wholesome Lawes & Orders made and - established by the same. And further that _I_ will not plot or - practice any evill against it, or consent to any that shall so do; - but will timely discover and reveal the same to lawfull Authority - now here established, for the speedy preventing thereof. Moreover, - _I_ doe solemnly bind my self in the sight of God, that when _I_ - shal be called to give my voyce touching any such matter of this - State, in which Freemen are to deal, _I_ will give my vote and - suffrage as _I_ shall judge in mine own conscience may best conduce - and tend to the publike weal of the body, without respect of - persons, or favour of any man. So help me God in the Lord Jesus - Christ. [1634.] From the copy given in John Childe's "New-Englands - Jonas cast up at London." (London, 1647), which the preface states - was printed in Massachusetts-Bay, by itself. - -To this form of The Oath of a Free man attaches the great additional -interest of being the first work printed in the United States of -America. - -Under date of Mo. 1. (March, 1638/9) John Winthrop's Journal states: "A -printing house was begun at Cambridge by one Daye, at the charge of Mr. -Glover, who died on sea hitherward. The first thing which was printed -was the freemen's oath; the next was an almanac made for New England by -Mr. William Peirce, mariner; the next was the Psalms newly turned into -metre." - -For nearly three hundred years no copy of this printed paper has been -known to be extant. The ceaseless search for a copy in this country by -antiquarians, bibliographers and historians would long ago have been -successful, if even a single copy had been preserved in either the -institutions of the State, or Nation, or in individual or family -possession. - -It would be difficult to exaggerate the patriotic feeling of our people, -if it were known that a copy of this interesting and valuable state -paper, the first fruit of the printing-press in this country, whose -ringing sentences of freedom preceded by nearly a century and a half the -Declaration of Independence, had been discovered at this late day. - -Fully a quarter of a century ago, while engaged in making a search for -early printed American publications in the Catalogue of printed books in -the British Museum--a great and monumental work, worthy in its scholarly -completeness of the Government which fostered its publication, and of -inestimable importance and benefit to scholars in every land--the -following entry under the heading "Freeman" seemed to me to warrant more -than passing observation and curiosity which the intervening years have -failed to satisfy: - - --The Oath of a Freeman. B. L. - [_London_, 1645?] _s. sh._ 12vo. 11,626. aa. (1, 2.) - -An analysis of this entry seems to show points of resemblance following -closely the known facts regarding the first work printed in this -country. - -The title is the one given by John Childe presumably from the earliest -printed copy in his possession. The abbreviated title, freemen's oath, -as given by John Winthrop, first appearing in the Code of 1648, which -seems to justify the belief that Winthrop wrote his Journal some years -after the press was established. - -The letters B. L. indicate that the printed text is in black-letter. -While there is no evidence of the number and kinds of fonts of type -purchased for the first press by Joseph Glover, there is an itemized -statement of the number and names of the fonts of type for the second -press sent over later by the Society for Propagating the Gospel among -the Indians in New England, for printing the Bible in the Indian -language, and among them is a small font of "blacks," i.e. black-letter, -which would indicate that a small font of that letter was generally -considered a part of the equipment of a printing-office of the period. -Even if this was not so, on the good authority of Isaiah Thomas, the -type used in printing the Bay Psalm Book, of 1640, was "small bodied -English," a type commonly used for works in quarto and folio, which -approximates in size to black-letter, but without the ceriphs, or fine -projecting points of that letter. It is not unreasonable to suppose that -a cataloguer might, hastily, consider the thickly inked, heavy -press-work we find in the Bay Psalm Book, under the same conditions in a -somewhat crudely printed sheet, to be black-letter printing. - -The brackets enclosing the imprint indicate that the place and date -given do not appear on the printed sheet, but are the personal judgment -of the cataloguer regarding them. Having already determined the printing -to be in black-letter English, it naturally follows in his judgment that -the place of printing is London. His guess of the year, 1645, which he -queries, is a close one; but is open to the criticism that an Oath of a -Freeman could never have been printed or exacted in England during the -reign of Charles the First. Ten years later, under Cromwellian rule, it -might have been done. But the only place on earth it could have been -printed and exacted without imprisonment, in 1645, was in the freemen's -Colony of Massachusetts-Bay. - -In this connection it may be well to observe, as a further illustration -that Governor Winthrop wrote his Journal years later than the events he -records, that his date of 1638/9, should be one year later, for the date -of the half-sheet almanac by William Peirce, mariner. Following -Winthrop, if the almanac was calculated for the year beginning in March, -1639, it would suppose its printing sometime before the 25th of March, -or in the Julian year 1638. This would leave nearly a whole year during -which no other printing was done. If the almanac was calculated for the -year beginning in March, 1640--the year the Bay Psalm Book is -dated--then it would suppose the Oath, and the Almanac, printed in the -eleventh or twelfth months of the Julian year 1639, which is more -probable. Isaiah Thomas, writing in 1810, leaves this question in doubt -by not stating whether his January, 1639, refers to the Julian, or the -Gregorian Calendar. - -To continue our analysis: The format, and size, agrees with the known -facts that the Oath was printed "on the face of a half sheet of small -paper." The shelf-mark indicates the permanent place on the shelves of -the Library. - -The singular appearance of the only known copy of this important and -interesting document in the Colonial history of New England, nearly -three hundred years after its printing, so far from its place of -publication, calls for explanation, which is apparently furnished in a -work published in London, in April, 1647, entitled: "New-Englands Jonas -cast up at London." On the title-page it purports to be written by Major -John Childe, a brother of Doctor Robert Childe, of Hingham, who was -detained by order of the General Court of Massachusetts-Bay; but -according to William Hubbard, in his History, and affirmed by John -Winthrop, in his Journal, the real author of everything, except the -Preface, was William Vassall. - -[Illustration: - - FAC-SIMILE OF ORIGINAL MANUSCRIPT - in the Handwriting of Thomas Dudley, - in the Public Library of the City of Boston - - Issued with Bulletin, July, 1894] - -[Illustration: - - FAC-SIMILE OF ORIGINAL MANUSCRIPT - in the Handwriting of Thomas Dudley, - in the Public Library of the City of Boston - - Issued with Bulletin, July, 1894] - -[Illustration: - - FAC-SIMILE OF ORIGINAL MANUSCRIPT - in the Handwriting of John Winthrop, - in the Public Library of the City of Boston - - Issued with Bulletin, July, 1894] - -Its odd title was suggested by a remark made by the Reverend John -Cotton, in a Thursday-Lecture, preached November 5, 1646, just previous -to the departure of the vessel which was carrying back to England some -of the dissatisfied signers of a Petition to the General Court, who -rumor gave were taking with them this and other incriminating documents -against the Government of the Colony. The learned preacher took for his -text, Canticles, II: 15. "Take us the foxes, the little foxes, which -destroy the vines," and made pointed allusions to the current rumors, -and the punishment which their acts would receive in a stormy voyage, -and how it could be averted. But later we shall let Vassall tell the -story in his own words. The effect upon his hearers was so great that -some who had engaged passage withdrew rather than risk the dangers of a -stormy voyage in the winter season. - -After a brief summary of the reasons for publication the Preface states -that the Relation is made up of the following particulars: - - First, the Petition of the greater part of the Inhabitants of - Hingham, and the proceedings therein. - - Secondly, a Petition of Doctor Child and others delivered to the - General Court at Boston with some passages thereon. - - Thirdly, the Capital Laws of the Massachusetts Bay, with the - Freemans Oath, _as they are printed there by themselves_. - -The italics are mine. Here, then, we have direct proof confirming the -statement of John Winthrop that the Freeman's Oath was printed at -Cambridge in 1639, and, in the body of the work, is given the full text -of The Oath of a Free man as printed. It is probable that only the -number of copies necessary for officials authorized to administer the -Oath were printed, and the copy taken to England was surreptitiously -obtained from some member of the Government. Its importance lay in the -fact that it afforded printed evidence that nowhere in it is any -reference made to the King's Majesty, or of allegiance to any power on -earth save that of their own Government as constituted. - -[Illustration: - - FAC-SIMILE OF ORIGINAL MANUSCRIPT - in the Handwriting of John Winthrop, - in the Public Library of the City of Boston - - Issued with Bulletin, July, 1894] - -The Capital Laws were printed at Cambridge in 1642, probably under the -same restriction, as to number; and, as printed evidence, open to the -same construction as the Oath. Whatever the purpose, however, it had -been forestalled some four years earlier when the Capital Laws were -re-printed in London in a folio broadside. The copy in the British -Museum bears the Colophon: "Printed first in New-England, and re-printed -in London for Ben. Allen in Popes-Head Allen [_sic_] 1643." - - Fourthly, a relation of that story of Jonas verbatim as it was - delivered to me in writing by a Gentleman that was then a passenger - in the ship. - - "When the first ship that came this year 1646 from New-England, was - almost ready to come from thence; Mr. Cotton in his Thursday-Lecture - at Boston, preached out of that Scripture, Cant. 2, 15. Take us the - little Foxes, &c. In his uses took occasion to say, That if any - shall carry any Writings, Complaints against the people of God in - that Country it would be a Jonas in the ship. * * He also advised - the Ship-Master, that if storms did arise, to search if they had not - in any Chest or Trunk any such Jonas aboard, which if you find (said - he) I do not advise you to throw the persons over-board, but the - Writings; or words to that effect. Whereupon, having great storms - (as could not be otherwise expected) some of the Passengers - remembering Mr. Cotton's Sermon, it seems were much affected with - what he had said; and a woman amongst them came up from between the - decks about Midnight, or after, in a distracted passionate manner to - Mr. William Vassall who lay in the great Cabin, but for the present - was in the Sterage-door-way looking abroad: she earnestly desired - him, if there were any Jonas in the ship, that as Mr. Cotton had - directed it might be thrown over-board, with many broken expressions - to that purpose. He asked her why she came to him? and she said - because it was thought that he had some Writings against the people - of God: but he answered her, He had nothing but a Petition to the - Parliament that they might enjoy the liberty of English subjects, - and that could be no Jonas; and that if the best of New-Englands - friends could shew him any evil in that, he would not prefer it. - After this she went into the great Cabin to Mr. Tho. Fowle in like - distracted manner; who told her he had nothing but the Copy of - Petition which himself and others had presented to the Court at - Boston; and showed, and read it to her, and then told her, That if - she and others thought that to be the cause of the storm, she and - they might do what they would with it; but he professed that he saw - no evil in it, neither was his Conscience troubled with it. So she - took it and carried it between Decks to them from whom she came, and - they agreed to throw it over-board and it was thrown over-board: but - the storm did not leave us upon the throwing of the Paper over-board - as it is reported; for they had many great storms after that; much - lesse was the great and wonderfull deliverance which by Gods mercy - he gave unto them from shipwrack and drowning at the Isles of Silly, - upon the throwing of that Writing over-board; for that was thrown - over long before, at least 14 dayes. Also the error is the more in - this, That the report is that it was the petition to the Parliament - that was thrown over-board; and it was only a Copy of a Petition to - their own Court at Boston, and the Petition to the Parliament was - still in the ship, together with another copy of that which was - thrown over-board, and other writings of that nature, some of which - are printed in this book, and were as well saved as their lives and - other goods, and are here in London to be seen and made use of in - convenient time." - -It is true that at any time in the intervening years of a quarter of a -century I could have written to the British Museum authorities and been -sure of a courteous reply; but the matter seemed too important to be -settled in so prosaic a way. This, and the hope that sometime I might be -able to determine the matter personally, and achieve the honor that -would attach to its discovery, deterred me. - -I suppose that men of all professions, in their callings, feel an -unwonted glow in the achievement of some object; but I know of no -greater joy than that which fills the lover of books when his long -search for a rare book is rewarded. Then it is that you seem to enter -into the holy of holies of delight, when the whole body thrills with -suppressed emotions, the eyes moisten, and the trembling hand stretched -out to take the volume does so with a touch which is almost a caress. -The feeling, I think, must be somewhat akin to the "buck fever" of the -deer hunter, whose mind and shaking limbs refuse to function, as he -looks into the luminous eyes, and notes the startled look, and graceful -beauty of his prey, until it has bounded into safety in the forest. Why, -I reasoned with myself, should I give to another the pleasure of these -emotions which were mine by right of discovery. - -The opportunity of voyaging to England, which I had so long looked -forward to, did not come to me until the Spring of the present year, and -the pleasant anticipations with which I set out were comparable in my -own mind with those which must have animated the Knights of Arthur's -Round Table in their quest for the holy grail. The morning after my -arrival in London found me an early visitor at the British Museum. The -preliminaries of admittance to the Reading-Room are not difficult, and -are soon over with, and I found myself within the great rotunda, its -walls lined in tiers with what is best in the literatures of the world, -and from which has gone out so much that is worth while in English -literature. From the Catalogue I filled out slips for some half dozen -works, artfully to conceal the one uppermost in my mind, handed them in -at the desk, and returned to my chosen seat to await with such calmness -as I could command the culmination of years of desire. Heeding the -legend that when the grail was approached by any one not perfectly pure -it vanished from sight; and that to be qualified to discover it one must -be perfectly chaste in thought and act, I endeavored to prepare myself -for its appearance. Somewhere I have read of an Oriental visionary who -attained a high degree of saintly perfection by fixing his gaze -steadfastly for hours upon his navel, which a growing embonpoint made an -easy thing to do, and I sought for holiness in the same way. - -In time the white slips of my wants came fluttering back to me by -messengers, all marked, very properly for security on account of rarity, -that they could only be consulted in the North Library, until all were -in but the one most desired. Then followed a much longer wait and -then--the slip was handed back to me with a notation that I had given a -wrong shelf-mark! Gone in an instant were all the perfectly pure and -chaste thoughts with which I had been regaling myself while I was -apparently looking at the wrong button on my vest. I think I could have -stood the blow better if it had been that hoary old fiction of careless -assistants that it was "out", but this is a boon denied to any assistant -in the British Museum, where nothing is allowed to go out. A comparison -with the printed Catalogue showed an exact correspondence, and I sought -the Superintendent of the Reading-Room, who assured me that the matter -would have his personal attention; and for the rest of the day I busied -myself with my other wants in the North Library without any word of the -missing broadside reaching me. That evening, in communion with myself, I -determined to throw off the mask of secrecy and frankly confide the -importance of my quest to the Keeper of the Printed Books--the somewhat -expressive and imposing title of the Librarian of the British Museum. - -Before calling upon him I sought as an introducer Henry N. Stevens--the -worthy son of an illustrious father who follows closely in his footsteps -as the best authority on early printed American books in Europe--at his -shop across the street from the imposing Museum building, and to him I -told my story. As I proceeded his interest grew, and before I had -finished he excitedly grasped my arm with one hand and his hat with the -other, exclaiming: "Come with me. This is not a subject for underlings," -and rushed me across the street without pause until we were in the -sanctum sanctorum of the learned and accomplished Keeper, Alfred W. -Pollard. And to him I told my simple tale, and asked his assistance. Mr. -Pollard is himself a bibliographer of note in his special field, and my -story was not without interest to him, but he refused to share my belief -that the missing broadside was what I supposed it to be, laying much -stress upon the black-letter feature as proof of its English origin. The -unsuccessful search for the missing broadside had evidently been called -to his notice, and the failure to produce anything in the millions of -books catalogued in that vast collection, he considered a challenge to -the efficiency of himself and his staff of assistants. A few days later, -he acknowledged failure; but gave me the interesting information that in -tracing the broadside back to its accession he had found that it was -acquired by the Museum in the year 1865, and formed part of a bundle of -miscellaneous matter, being considered of so little importance as not -even to have been mentioned in the contents of the bundle. Printing of -the letter F of the Catalogue was completed in 1888, and since that time -an expansion of the classification of books upon the shelves had been -made, from which dated its disappearance. He would not, however, -discontinue his efforts to find it. After apologizing for giving him a -"bad half-hour," which only the importance of the broadside excused, our -second interview ended. On my last day in London, I went again with Mr. -Stevens to call on Mr. Pollard about the matter, and told him that I had -made my arrangements to fly from London to Paris on the morrow, and -asked him if these old eyes of mine were never to behold the holy grail. -"In black-letter?" he queried, touching the weak spot in my armor. "In -duodecimo!" I countered, pointing to the rent in his own. And the third -interview ended with his assurance that the search would go on until the -missing broadside was found. - -And there the matter rests, very much in the condition of the story of -the cook who asked the skipper: "Is any thing lost when you know where -it is?" And to the skipper's gruff response, "Of course not," he -pleasantly replied: "I am glad to know that our only iron soup kettle -wasn't lost when it fell over-board into the Bay." - -Through the courtesy of our fellow-members, Henry Edwards Huntington, -Esquire, and the accomplished bibliographer and librarian of his -unrivaled collection of books and art, George Watson Cole, the Society -is permitted to give a reproduction from the only known copy of "The -Book of General Lawes and Libertyes concerning the Inhabitants of the -Massachusetts"--the long-lost Code of 1648. No copy or fragment of a -copy was known to be extant for over two hundred and fifty years, when, -in 1906, this copy was discovered in a small private library in England, -and was sold to the late Edmund Dwight Church for the highest price ever -paid for an American printed book--a record which is not likely to be -surpassed. The almost miraculous recovery of this volume, will, I have -given my reasons to hope, sometime have a counterpart in the recovery of -the only known copy of the first work printed in the United States of -America--The Oath of a Free man. From the year 1641, this bore the -abbreviated title of the - - - FREEMANS OATH - - I (A. B.) being by Gods providence an Inhabitant within the - Jurisdiction of this Common-wealth, and now to be made free; doe - heer freely acknowledge my self to be subject to the Government - therof: and therfore do heer swear by the great and dreadfull Name - of the Ever-living God, that I will be true and faithfull to the - same, & will accordingly yeild assistance & support therunto, with - my person and estate, as in equitie I am bound, and will also truly - indeavour to maintein & preserve all the Liberties and Priviledges - therof, submitting my self unto the wholsom Laws made and - established by the same. And farther, that I will not plot or - practice any evil against it, or consent to any that shall so doe; - but will timely discover & reveal the same to lawfull authoritie now - heer established, for the speedy prevention therof. - - Moreover, I do solemnly binde my self in the sight of God, that when - I shall be called to give my voice touching any such matter of this - State, wherin Free-men are to deal; I will give my vote and - _suffrage_ as I shall in mine own conscience judge best to conduce - and tend to the publick weal of the Body, without respect of - persons, or favour of any man. So help me God in our Lord Jesus - Christ. [1641.] From Code of 1648. - - - FREEMANS OATH - - I [A. B.] being by Gods providence an inhabitant within the - Jurisdiction of this Common-wealth, and now to be made free; doe - here freely acknowledg my self to be subject to the Government - thereof: And therefore do here Swear by the great and dreadfull Name - of the Ever-living God, that I will be true and faithfull to the - same, and will accordingly yeild assistance and support thereunto, - with my person and estate, as in equity I am bound, and will also - truely indeavour to maintain and preserve all the Liberties and - Priviledges thereof, submitting my self unto the wholsom Laws made - and established by the same. And farther, that I will not plot or - practice an evill against it, or consent to any that shall so doe; - but will timely discover and reveal the same to lawfull Authority - now here established, for the speedy prevention thereof. - - Moreover, I do solemnly bind my self in the sight of God, that when - I shall be called to give my voice touching any such matter of this - State, wherein Free-men are to deal; I will give my vote and - suffrage as I shall in mine own conscience judg best to conduce and - tend to the publick weal of the Body, without respect of persons, or - favour of any man. So help me God &c. [1641.] From Code of 1660. - - It is Ordered and by this Court declared, that no man shall be urged - to take any Oath or subscribe to any _Articles_, _Covenants_ or - _Remonstrances_, of publick and Civil nature, but such as the - Generall Court hath Considered, allowed and required, and no Oath of - any Magistrate or of any Officer, shall bind him any further or - longer, then he is Resident or Reputed an Inhabitant of this - Jurisdiction. [1641.] - - Every Court in this Jurisdiction, where two Magistrates are present, - may admitt any church members that are fitt, to be Freemen, giving - them the Oath, and the Clerke of each Court, shall certify their - names to the Secretary at the next General Court. [1641 [2]]. - -[Illustration: - - FREEMAN'S OATH - - Reproduced from "The Book of General Lawes and Libertyes concerning - the Inhabitants of the Massachusetts"--1648 - - By the courtesy of Henry Edwards Huntington] - -In 1643, the Colonies of Massachusetts-Bay, New Plymouth, Connecticut, -and New Haven, concluded a Confederacy by which they entered into a -solemn compact to afford each other mutual advice and assistance on all -necessary occasions, whether offensive, defensive, or prudential. Among -the reasons assigned for this Union were the dependent condition of the -colonists; the vicinity of the French and Dutch, who were inclined to -make encroachments; the warlike attitude of the neighboring Indians; the -commencement of civil war in England, and impracticability of aid from -thence in any emergency; and the sacred ties of religion which already -bound them. The Province of Maine was not included because it was -subject to rulers of Episcopal tenets, and was infrequently an asylum -for excommunicants. This Union lasted for forty years without any -general Oath of Allegiance being required from the inhabitants of the -several Colonies. - - - OATH OF FIDELITIE - - I (A B) being by Gods providence an Inhabitant within the - Jurisdiction of this Common-wealth, doe freely and sincerely - acknowledge my selfe to be subject to the Government thereof. And - doe heer swear by the great and dreadful name of the Everliving God, - that I will be true and faithfull to the same, and will accordingly - yeild assistance therunto, with my person and estate, as in equitie - I am bound: and will also truly indeavour to maintein and preseve - all the Liberties & Priviledges thereof, submitting my self unto the - wholsom Laws made, & established by the same. And farther, that I - will not plot or practice any evil against it, or consent to any - that shall so doe: but will timely discover and reveal the same to - lawfull Authoritie now heer established, for the speedy preventing - thereof. So help me God in our Lord Jesus Christ. [1646.] From Code - of 1648. - - - OATH OF FIDELITIE - - I [A. B.] being by Gods providence an inhabitant within the - Jurisdiction of the Commonwealth, do freely and sincerely - acknowledge my selfe to be subject to the Government thereof. And do - here Swear by the great and dreadful name of the everliving God, - that I will be true & faithfull to the same, and will accordingly - yeild assistance thereunto, with my person and estate, as in equity - I am bound: And will also truely endeavour to Maintain and preserve - all the Liberties & Priviledges thereof submitting my self unto the - wholesom Laws made, and established by the same. - - And farther that I will not plot or practice any evill against it, - or consent to any that shall so do: but will timely discover and - reveal the same to lawfull Authority now here established, for the - speedy preventing thereof. So help me God in our Lord Jesus Christ. - [1646.] From Code of 1660. - - _To the end the body of the freemen may be preserved of honest and - good men_, It is Ordered, That henceforth no man shall be admitted - to the freedome of this Common-wealth, but such as are members of - some of the Churches, within the limits of this Iurisdiction; _And - whereas many members of Churches to exempt themselves from Publick - Service, will not come in to be made freemen_, It is Ordered, That - no members of Churches within this Iurisidiction, shall be exempt - from any publick service, they shall be chosen to, by the - Inhabitants of the severall Townes, as Constables, Iurors, Select - men, surveiors of the High-wayes. And if any such person shall - refuse to serve in, or to take upon him any such Office, being - legally chosen therunto, he shall pay for every such refusall, such - fine, as the Town shall impose not exceeding _Twenty shillings_ for - one Offence. [1647.] - - Any non freemen, who have taken or shall take the Oath of fidelity - to this government could be jury men and vote in certain matters, - after he had attained the age of 24 years. [1647.] - - _For as much as divers Inhabitants of this Jurisdiction who have - long continued amongst us, receiving Protection, from this - Government, have as we are informed uttered Offencive speeches, - whereby their fidelity to this Government may justly be suspected, - and also that divers strangers of forreign parts do repaire to us of - whose fidelity we have not that Assurance which is Commonly required - of all Governments._ - - It is therefore Ordered by this Court and the Authority thereof. - That the County Courts or any one Magistrate out of Court, shall - have power and is hereby Authorized to Require the Oath of fidelity - of all settled Inhabitants amongst us who have not already taken the - same, as also to Require the Oath under written, of all strangers, - who after two months have their abode here; And if any Person shall - refuse to take the Respective Oath, he or they shall be bound over - to the next County Court or Court of Assistants, where if he shall - refuse, he shall forfeit _five pound a week_ for every week he shall - Continue in this Jurisdiction after his sayd Refusall, unles he can - give sufficient security to the satisfaction of the Court or - Magistrate for his fidelity, during his or their residence amongst - us. - - - STRANGERS OATH - - _You A. B. Do acknowledge your self subject to the Lawes of this - Jurisdiction during your Residence under this Government, and do - here Swear, by the Great Name of the Everliving GOD, and engage your - self to be true and faithfull to the same, and not to plot, - contrive, or conceal any thing that is to the hurt or detriment - thereof._ [1652.]. - -This was, apparently, aimed at the Quakers, whose offensive attitude -towards the Government was made the subject of further drastic laws and -orders by the General Court, in October, 1656, and May, 1658. - - _This Court having considered of the proposals presented to this - Court by several of the inhabitants of the County of Middlesex_; Do - Declare and Order, That no man whosoever, shall be admitted to the - Freedome of this Body Politick, but such as are members of some - Church of Christ and in full Communion, which they declare to be the - true intent of the ancient Law, _page the eighth of the second - Book_, Anno. 1631. [1660.] - -This was construed as being directed against the members of the Church -of England, and was largely responsible for the strained relations with -his Majesty's Commission in 1665. It was repealed before the 1672 -Revision of the Laws. - -For causes already mentioned the publication of the first Code of Laws, -in 1648, was unnoticed in England; but it was very different with the -publication of the second Code, in 1660. When it appeared its provisions -were subjected to critical scrutiny by enemies of the Puritan -Commonwealth, and the worst possible constructions placed upon them. In -particular, the loyalty of the framers, who took an Oath of Fidelity to -their Government, and none to the King, was questioned; and the -provisions for the admission of freemen which, practically, prohibited -members of the Church of England. By letter, his Majesty ordered a -redress of these grievances, and appointed a Commission who proceeded, -in a partisan manner, to execute their powers. In 1665, the -Commissioners presented to the General Court a list of twenty-six -changes which they desired to have made in the Code of 1660. The -principal ones were the substitution of an acknowledgment of the royal -authority for all expressions of the supremacy of the Commonwealth; a -recognition of the Church of England; and a repeal of the long-standing -limitation of citizenship to church members. To one or two of their -points the General Court gave consent. A comparison with the Code of -1672, shows that while the recognition of his majesty's supremacy was -allowed, in a score of instances the powers of the government under -their Charter were asserted. The right of strangers to become citizens -was nominally conceded, but on conditions which afforded only a minimum -of relief to members of the Church of England. - - On the 3 August, 1664 it was Ordered by the General Court: - - _In Answer to that part of his Majestyes Letter_, of June 28, 1662, - _concerning admission of freemen_. This Court doth Declare, That the - Law prohibiting all persons, except Members of Churches, and, that - also for allowance of them in any County Court, are hereby Repealed, - And do hereby also Order and Enact That, from henceforth all English - men presenting a Certificate under the hand of the Ministers, or - Minister of the Place where they dwell, that they are Orthodox in - Religion, and not vicious in their Lives, and also a certificate - under the hands of the Select men of the place, or of the major Part - of them, that they are Free-holders: and are for their own propper - Estate (without heads of Persons) Rateable to the Country in a - single Country Rate, after the usuall manner of valuation in the - place where they live, to the full vallue of _Ten Shillings_, or - that they are in full Communion with some Church amongst us; It - shall be in the Liberty of all and every such Person or Persons, - being _twenty-four_ yeares of age, Householders and settled - Inhabitants in this Jurisdiction, from time to time to themselves - and their desires to this Court, for their addmittance to the - freedome of this commonwealth, and shall be allowed the priviledge, - to have such their desire Propounded and put to Vote in the General - Court, for acceptance to the freedome of the body pollitick, by the - sufferage of the major parte according to the Rules of our Patent. - [1664.]. - - * * * * * - - It was also Ordered by the General Court on the 19 October, 1664. - - _Forasmuch as several Persons who from time to time are to be made - freemen, live remote and are not able without great trouble and - charge to appear before this Court to take their respective Oaths_: - It is therefore Ordered, that henceforth it shall be in the power of - any County Court, to administer the Oath of Freedome to any persons - approved of by the General Court who shall desire the same, any Law - or Custome to the contrary notwithstanding. [1664.] - - * * * * * - - And, at the May, 1665, session, to conform to the criticism of his - Majesty's Commission concerning the Oath of Allegiance: - - It is ordered by this Court, & the authority thereof, that the - following oath be annexed vnto the oathes of euery freeman & oath of - fidellity, & to the Gouerno^r, Dep^{t-}Gouerno^r, & Assistants, & to - all other publicke officers, as followeth:-- - - The oath of a freeman & fidelity to runne thus:-- - - - OATH OF FIDELITIE - - Whereas I [A. B.] am an inhabitant within this Jurisdiction, - Considering how I stand Obliged to the Kings Majesty, his heires and - Successors by our Charter and the Government established thereby; Do - Swear accordingly by the great and dreadfull Name of the Ever-Living - God, that I will bear Faith and true Allegiance to our Soveraingn - Lord the King, his Heires and Successors; and that I will be True - and Faithfull to this Government, and accordingly yeild Assistance - thereunto, with my person and estate, as in equity I am bound; - - And will also truely endeavour to Maintain and Preserve all the - Liberties and Priviledges thereof, Submiting my self unto the - wholesom Laws made and established by the same. - - And farther that I will not Plot or practice any evill against it, - or consent to any that shall so do: but will timely discover and - reveal the same to Lawfull Authority now here established, for the - speedy preventing thereof. So help me God in our Lord Jesus Christ. - [1665.] - - - FREEMANS OATH - - Whereas I [A. B.] being an inhabitant of the Jurisdiction of the - _Massachusets_, and now to be made free. Do hereby acknowledge my - selfe to be subject to the Government thereof (Considering how I - stand obliged to the Kings Majesty, his Heires and Successors, by - our Charter and the Government established thereby Do Swear - accordingly, by the Great and Dreadfull Name of the Ever-Living GOD, - that I will bear Faith and true Alegiance to our Soveraigne Lord the - King, his heires and Successors,) and that I will be true and - Faithfull to the same, and will accordingly yeild Assistance and - Support thereunto with my person and estate, as in equity I am - bound; And will also truely endeavour to maintain and preserve all - the Liberties and priviledges thereof, submitting my selfe to the - wolesome Laws made and established by the same. - - And farther that I will not Plot nor Practice any Evill against it, - or consent to any that shall so do, but will timely discover and - reveal the same to Lawfull Authority now here established, for the - speedy prevention thereof. - - Moreover I do Solemnly bind my selfe in the sight of God, that when - I shall be called to give my Voyce touching any such matter of this - State wherein Freemen are to deal, I will give my Vote and Suffrage - as I shall in mine own Conscience judge best to conduce and tend to - the Publick Weale of the body, without respect of persons or favour - of any man. So help me God in our Lord Jesus Christ. [1665.] - - * * * * * - - The oath of the Gouno^r, Dept Gouno^r, & other publicke officers, to - runne thus:-- - - Whereas I, A. B., am chosen Gouerno^r, &c., considering how I stand - obliged to the kings majesty, his heires & successors, by our - charter and the gouerment here established thereby, doe sweare, &c, - as aboue. [1665.] - -In their demand for changes in the 1660 Book of the General Laws and -Liberties, the Commissioners in their 14th section proposed: "That, page -33, 'none be admitted freemen but such as are members of some of the -churches w^{th} in the limitts of this jurisdiction' may be explained, & -comphend such as are members of y^e church of England." - - At the General Court of 23 May, 1666. - - It is ordered that the Secretary, at the request of all such as are - admitted to the freedome of this Colony or any in their behalf, give - a true copy out of this Courts Records, of their names, by them to - be delivered to the clerks or recorders of those Courts in the - severall Counties to which they do belong, with a copy of the Oath - of Freemen as it is now stated, that they may there take their - Oathes &c. [1666.] - - * * * * * - - At the General Court of 15 October, 1673: - - As an addition to the Law, title Freemen, section the third, it is - ordered by this Court and the authority thereof that henceforth the - names of such as desire to be admitted to the freedome of this - Comon-wealth, not being members of churches in full comunion, shall - be entred w^{th} the secretary, from tjme to tjme, at the Court of - election, and read ouer before the whole Court sometime that - sessions and shall not be put to vote in the Court till the Court of - election next followg. [1673.] - - This order of Court was repealed 9 February 1682/3. - - * * * * * - - Att a Generall Court, held at Boston, 10^{th} of October, 1677. - - Whereas many secret attempts haue binn lately made by euil minded - persons to set fire in the toune of Boston and other places, tending - to the destruction of the whole, this Court doeth account it their - duty to vse all lawfull meanes to discouer such persons and prevent - the like for time to come. - - Bee it therefore ordered & enacted by this Court and the Authority - thereof, That the Law, _title_ Oathes and Subscriptions, page 120 - sect. 2., requiring all persons, as well inhabitants as strangers, - (that have not taken it) to take the Oath of Fidelity to the - Country, be revived and put in practice through this Jurisdiction. - And for the more effectual execution thereof, It is ordered by this - Court; That the select men, Constables, and Tithing-men, in every - town do, once every quarter of a year so proportion and divide the - precincts of each town, and go from house to house, and take an - exact list of the Names, quality and callings of every person, - whether Inhabitant or Stranger, that have not taken the said Oath, - and cannot make due proof thereof; and the Officers aforesaid are - hereby required forthwith to return the names of such persons unto - the next magistrate, or County Court, or chief military officer in - the town where no Magistrate is, who are required to give such - persons the said Oath prescribed in the Law, wherein not only - Fidelity to the Country, but Allegiance to our King, is required; - And all such as take the said oath shall be Recorded and Enrolled in - the County Records by the clerk of each County Court. And all such - as refuse to take the said Oath, they shall be proceeded against as - the said Law directs. And further, this Court doth Declare; That all - such refusers to take the said Oath shall not have the benefit of - our Laws to Implead, Sue, or recover any Debt in any Court or Courts - within this Jurisdiction, nor have protection from this Government - whilest they continue in such obstinate refusal. - - And furthermore, It is Ordered; That if any Officer intrusted with - the Execution of this Order, do, neglect, or omit his or their duty - therein, they shall be fined according to their demerits, not - exceeding five pounds for one offence, being complained of, or - presented to the County Courts or Court of Assistants, And this Law - to be forthwith Printed and Published, and effectually executed from - and after the last of _November_ next. And that all persons that - administer the Oath abovesaid, shall in like manner make return of - the Names of such persons so sworn to the respective Clerks of the - County Courts. Made October 10, 1677. - - * * * * * - - Att the second sessions of the Genll Court held at Boston, 2 - October, 1678. - - _Whereas it hath pleased his most excellent Majesty, our gracious - king by his letter bearing date the twenty-seventh of Aprill, 1678, - to signifie his Royall pleasure, That the Authority of this his - Colony of Massachusetts in New-England, do give forth Orders that - the Oath of Allegiance, as it is by Law established within his - Kingdome of England, be administred and taken by all his subjects - within this Colony who are of years to take an oath_: - - In Obedience whereunto, and as a demonstration of our Loyalty; It is - ordered and enacted by this Court and the Authority thereof, that, - as the members of this Court now sitting have readily taken the Oath - of Allegiance, so, by their Example and Authority, they do require - and command that the same Oath be given and taken by all his - Majesties subjects within this Jurisdiction that are of sixteen - years of age and upwards. And to the end this Order be duely - executed, it is hereby Ordered, that a convenient number of printed - Copies of the said Oath of Allegiance, exactly agreeing with the - written copy inclosed in his majesties Letter, and signed by the - Secretary of State, to be sent forth unto every Magistrate and - Justice of peace, and to the Constable of every town within this - Jurisdiction. - - And it is further Ordered that the Magistrates and Justices, or such - as are Commissioned with Magistratical Authority in every County of - this Colony do with all convenient speed repair to the several Towns - and Villages within this Jurisdiction, at such time, and in such - order as they best may, and accomplish the same; giving forth their - warrant to the Constables of each Town to convene all the - inhabitants of the Age abovesaid, and taking their names in writing, - administer the said Oath of Allegiance to each of them, and return - their Names to the Recorder of each County Court to be enrolled. And - if any shall refuse to take the said Oath, or absent themselves - unless in case of sickness, the Names of such shall be returned to - the Recorder of the County, who are to be proceeded against by the - County Courts respectively, for the first offence whereof he is - legally convicted, to pay such a fine as the County Court shall - impose, not exceeding five pounds, or three Moneths Imprisonment in - the common prison or house of Correction: And for the second offence - whereof he shall be lawfully convicted, what summe the County Court - shall inflict, provided it exceed not ten pounds, or six Moneths - Imprisonment without Baile, or Mainprise. [1678.] - -The officials of the Government, ignoring the copy of the Oath of -Allegiance given them by the royal commissioners, took the Oath in Court -as it is given in Michael Dalton's "The Countrey Justice,"--a work of -much esteem in its time, which passed through some ten or eleven -editions, three of which are in the valuable Library of this Society, -and one of them, there is reason to believe, may have been the volume -used in this historical incident,--all of them declaring that the same -is to be understood as not infringing the liberties and privileges -granted in his Majesty's royal Charter to this Colony of the -Massachusetts. - -Regarding the manner of taking the Oath; the New England custom was by -holding up the right hand, as opposed to the custom in England of -holding, or laying the hand on the Bible, or kissing it. This was one of -the irritating questions in dispute between the Colonists and the Andros -faction. Samuel Sewall, in his Diary, under date of June 11, 1686, says: -"I read the Oath myself holding the book in my left hand, and holding up -my right hand to Heaven." And, in 1687, Increase Mather discoursed on -the "laying the hand on and kissing the booke in swearing." This -question continued to irritate, and was one of the predisposing causes -of the Revolutionary War in the Province of New York. In 1772, a Bill -was lost in Council, "For Removing Doubts in the administration of -Oaths." This Bill was designed to favor a number of people, chiefly from -Scotland and the north of Ireland, who held conscientious scruples -against the present legal form of kissing the Bible; and allow them to -use the form in use in Scotland and the New England Colonies of lifting -up the right hand. The weight of Episcopal authority denied them this -right. - -In the colonization of New England the figure of John Winthrop looms -colossal. Given time, he would have built an Empire whose only ruler -would have been the Lord of Hosts. He can hardly be called a -Puritan--his conversion came too late--but he was a Congregationalist. -His method was so simple as to be open to the understanding of anyone, -but it was a firm principle of government. As an illustration: when he -was appealed to by a small group of settlers near the border line of New -Hampshire for information as to how they could become freemen of the -Colony of Massachusetts-Bay, his reply was: "Get a Minister." When they -answered that they had no Minister, and did not know where to get one, -again came back his uncompromising reply: "Get a Minister." In this -reply rested his whole system of colonization. It was simplicity itself. -The English Government recognized its power when, by Proclamation, they -endeavored to prevent the emigration of Puritan Ministers from England. -"Get a Minister!" Gather about him! Build him a church, and homes for -yourselves and families. This done, you have a Plantation. When you have -thus qualified to become freemen, and have taken the Oath of a Freeman, -you will be entitled to hold office; assist in framing laws, and -enforcing those already made; and, as members of the Commonwealth, be -assured that all your rights will be protected. This principle of -government was firm, but not repellent. If you could not conform to it -there was no reason for remaining among them. The world was wide enough -for every one. And you could go to Maine, or Rhode Island. Under it was -formed a government that has never been equalled in prosperity, morality -and all that makes for happiness. No less a personage than Hugh Peters -has declared that in the six years of his residence in the Colony of -Massachusetts-Bay, he had never seen a drunken man or heard a profane -oath. - -The limits of their territory they continually enlarged by firmly -insisting upon the border lines of their Patent, and even stretching -them when near some natural boundary; by purchasing the rights of New -Plymouth in the Colony of Maine, for 400 pounds, they added a tract of -seven hundred square miles; by the purchase of the Gorges Patent, for -1,250 pounds sterling, they acquired a jurisdiction over the rest of the -Province of Maine which made it a District of Massachusetts down to the -year 1820. There has been a good deal of sympathy, and many unnecessary -tears have been shed over the so-called banishment of Roger Williams to -Rhode Island; but it was his friend, John Winthrop, who whispered in his -ear the desirability of the location of the Providence Plantations. And -there was no reason why Roger Williams could not have gone out from -Salem with head erect, and with his gaze fixed on the stars, as every -good missionary should go, knowing that the powers of the government of -Massachusetts-Bay was as much behind his settlement, without an Oath, as -it was behind the colonists of Connecticut, and New Haven, who had gone -out from Cambridge, Watertown and Roxbury, carrying with them the Oath -of a Freeman as a principle of their governments. In the Union of the -Colonies of Massachusetts-Bay, New Plymouth, Connecticut, and New Haven, -of which John Winthrop was the first President, a new idea was advanced -in his system of government, which eventually attained greater results. - -It cannot be said that John Winthrop accomplished these things unaided. -There were others who ably assisted him, whose names, also, should be -held in honored remembrance. But through it all, can be seen the firm, -directing mind and purpose of a man whose vision looked beyond his -present to a future, and a Republic that was to be. - -And this is why our people should look upon The Oath of a Freeman, which -was his work, not alone as the glorious first fruit of the -Printing-Press in this Country; but also as a great state paper which -accomplished without bloodshed, on a smaller scale it is true, all that -was achieved, one hundred and thirty-seven years later, after seven -years of warfare, through the Declaration of Independence. - - - - -_In Connecticut and New Haven Colonies._ - - -The colonists of Connecticut, in the main, followed closely the general -system of laws of the Massachusetts Bay Colony, from which they had -emigrated. Their form of government was theocratic, the Oath of a -Freeman being the test of citizenship. The settlers of Windsor, who came -from Dorchester with John Warham, in 1635, did not, however, make church -membership a necessary qualification for holding civil office. - -The settlers of Guilford, who were joined to New Haven Colony, exercised -their powers of government by a system which conformed to the grant from -Lord Say and Brook to Theophilus Eaton and his company. Like that at New -Haven it was an aristocracy, but modelled in a singular way. As a part -of New Haven Colony they were entitled to one Magistrate, who was their -head and invested with the whole executive and judicial power. The -settlers were divided into two classes, freemen and planters. The -freemen could consist only of those who were church members, and partook -of the sacrament. They were all under oath agreeably to their form of -government. Out of their number were chosen three or four deputies to -sit with the Magistrate in General Courts, and all public officers. The -planters consisted of all inhabitants above the age of twenty-one years, -with a certain estate, which qualified them to vote in town meetings. - - 5 ^{to} Ap^r 1638. A gen^rall Cort at Hartford. - - Forasmuch as it has pleased the Allmighty God by the wise - disposition of his diuyne p^ruidence so to Order and dispose of - things that we the Inhabitants and Residents of Windsor, Hartford - and Wethersfield are now cohabiting and dwelling in and vppon the - River of Conectecotte and the Lands thereunto adioyneing; And well - knowing where a people are gathered togather the word of God - requires that to mayntayne the peace and vnion of such a people - there should be an orderly and decent Gouerment established - according to God, to order and dispose of the affayres of the people - at all seasons as occation shall require: doe therefore assotiate - and conioyne our selues to be as one publike State or Comonwelth; - and doe, for our selues and our Successors and such as shall be - adioyned to vs att any tyme hereafter, enter into Combination and - Confederation togather, to mayntayne and p^rsearue the liberty and - purity of the gospell of our Lord Jesus w^{ch} we now p^rfesse, as - also the disciplyne of the Churches w^{ch} according to the truth of - the said gospell is now practiced amongst vs; As also in o^r Ciuill - Affaires to be guided and gouerned according to such Lawes, Rules, - Orders and decrees as shall be made, ordered & decreed, as - followeth: [The eleven Fundamentalls.] [1638.] - -In Connecticut, it would appear that the Oath of Fidelity required of -all that were admitted freemen up to July 1640, was as follows: - - - AN OATH FOR PAQUA' AND THE PLANTATIONS THERE: - - - I A. B. being by the P^ruidence of God an inhabitant w^{th}in the - Jurisdiction of Conectecotte, doe acknowledge my selfe to be subject - to the gou^rment thereof, and doe sweare by the great and dreadfull - name of the eu^r liueing God to be true and faythfull vnto the same, - and doe submitt boath my P^rson & estate thereunto, according to all - the holsome lawes & orders that ether are or hereafter shall be - there made by lawfull authority: And that I will nether plott nor - practice any euell agaynst the same, nor consent to any that shall - so doe, but will tymely discou^r the same to lawfull authority - established there; and that I will maynetayne, as in duty I am - bownd, the honor of the same & of the lawfull Magestrats thereof, - promoteing the publike good thereof, whilst I shall so continue an - Inhabitant there, and whensou^r I shall give my vote, suffrage or - p^rxy, being cauled thereunto touching any matter w^{ch} conserns - this Comonwelth, I will giue y^t as in my conscience may conduce to - the best good of the same, w^{th}out respect of p^rson or favor of - any man; So helpe me God in the Lo: Jesus Christ. [1640.] - - - THE OATH OF A FREEMAN - - I, A. B. being by the P^ruidence of God an Inhabitant w^{th}in the - Jurisdiction of Conectecotte, doe acknowledge myselfe to be subiecte - to the Gouerment thereof, and doe sweare by the great and fearefull - name of the euerliueing God, to be true and faythfull vnto the same, - and doe submitt boath my p^rson and estate thereunto, according to - all the holsome lawes and orders that there are, or here after shall - be there made, and established by lawfull authority, and that I will - nether plott nor practice any euell ag^t the same, nor consent to - any that shall so doe, but will tymely discouer the same to lawfull - authority there established; and that I will, as I am in duty bownd, - mayntayne the honner of the same and of the lawfull Magestratts - thereof, p^rmoting the publike good of y^t, whilst I shall soe - continue an inhabitant there; and whensoeu^r I shall giue my voate - or suffrage touching any matter w^{ch} conserns this Comon welth - being cauled there unto, will give y^t as in my conscience I shall - judge may conduce to the best good of the same, w^{th}out respect of - p^rsons or favor of any man. Soe helpe me God in o^r Lord Jesus - Christe. Aprill the xth, 1640. - - * * * * * - - At a Generall Assembly held at Hartford, Aprill 20th, 1665, there - was presented to the Court the Propositions of his Majesty's Royal - Commission which were read and answered as follows; - - 1. That all householders inhabiting this Colony take the oath of - allegiance, and that the administration of justice be in his - Majesties name. - - To this we returne, that according to his Majesties pleasure exprest - in o^r Charter, o^r Gouernour formerly hath nominated and appoynted - meet persons to administer the oath of allegiance, whoe haue, - according to their order, administred the s^d oath to seuerall - persons allready; and the administration of justice amongst us hath - been, is and shall be in his Majesties name. - - 2nd Propos: That all men of competent estates and of ciuill - conuersation, though of different judgments, may be admitted to be - freemen, and haue liberty to chuse or to be chosen officers, both - military and ciuill. - - To the 2d, our order for admission of freemen is consonant w^{th} - that proposition. - - 3. Propos: That all persons of ciuill liues may freely injoy the - liberty of their consciences, and the worship of God in that way - which they thinke best, prouided that this liberty tend not to the - disturbance of the publique, nor to the hindrance of the maintenance - of Ministers regularly chosen in each respectiue parish or township. - - To the 3d Propos: We say, we know not if any one that hath bin - troubled by us for attending his conscience, prouided he hath not - distu^rbed the publique. - - 4 Propos: That all lawes and expressions in lawes, derogatory to his - Majestie, if any such haue bin made in these late troublesome times, - may be repealed, altered and taken off the file. - - To the 4th p^rpos: We return, we know not of any lawe or expressions - in any law that is derogatory to his Majesty amongst us; but if any - such be found, we count it o^r duty to repeal, alter it, and take it - off the file, and this we attended upon the receipt of our Charter. - [1665]. - - * * * * * - - At a Gen^{ll} Assembly for election held at Hartford, May 11, '65. - This Court declare that it is their full sense and determination - that such persons as are or hereafter shalbe approued to be freemen - of this Corporation shal take y^e Oath that is already established - vpon record to be administered to y^e respectiue freemen: And - further, that all such as shal refuse to take the said oath, though - otherwise approued p^rsons yet shal not p^rtake of the privilidges - of those that have bene formally incorporated into this civil - society, vntil y^e said Oath be administred vnto them: Provided that - this order includes not either freemen formerly admitted and sworne - or Assistants and Comissioners that haue taken their corporal oaths - or Deputies that haue bene accepted into y^e Gen^{ll} Assembly to - assist in ye concernments of this corporation. [1665.] - - - - -_In New Haven Colony._ - - -"On the 4^{th} day of the 4^{th} month called June 1639, all the free -planters of the town to be called a year later Newhaven, assembled -together in a general meetinge to consult about settling ciuill -Gouernm^t according to God. * * * Mr. John Davenport propounded divers -(6) quaeries to them publiquely praying them to consider seriously * * * -and to giue their answers in such sort as they would be willing they -should stand upon recorde for posterity." - -These six fundamental agreements were assented to by the lifting up of -hands twice: once at the proposal and again after when the written words -were read unto them. - -And on the 25th of October next, the following charge was given and -accepted by them: - - - FREEMAN'S CHARGE - - Yow shall neither plott, practise, nor consent, to any euill, or - hurt, against this Jurisdiction, or any part of it, nor against The - Civill Gouerment here established: And if you shall know any person - or persons w^{ch} intend, plott, or conspire anything, w^{ch} tends - to the hurt, or prjudice, of the same, you shall timely discouer the - same to Lawfull Authority here established, and you shall assist, - and be helpfull, in all the affaires of the Jurisdiction, and by all - meanes shall promoue the publique wellfare of the same, according to - yo^r place, abillity, and opportunity; you shall giue due hono^r to - the Lawfull Magistrats, and shall be obedient, and subject, to all - the wholesome Lawes, and Orders, allready made, or w^{ch} shall be - hereafter made, by Lawfull Authority afforesaide, and that both in - yo^r person, and estate, and when you shall be duely called, to giue - yo^r vote, or suffrage, in any Election, or touching any other - matter, w^{ch} concerneth this Common wellth, yow shall giue it, as - in yo^r conscience, you shall judg may conduse to the best good of - the same. [1639.] - - * * * * * - - At A Gen. Court held att Newhaven the 3^d of Aprill 1644. - - This day, a forme of an oath for the Governo^r and magistrats to - take, and another forme of an oath to be imposed upon all the - inhabitants w^thin this jurisdiction was propounded to the - consideratio of the court, who, after some serious debate and - consideratio rested satisfyed w^th the said formes. And therevpon - ordered thatt itt should be forthw^th putt in executio, and whereas - the Governo^r doth shortly intend a journey to Stamforde on other - occasions, the Court desired him to improve thatt opportunity, both - at Stamforde and att Milford, for the giveing of the oath, and the - like att Guilforde in time convenient. Itt was further ordered thatt - no person or persons shall hereafter be admitted as an inhabitant in - this jurisdictio or any of the plantations therein butt he or they - shall take the said oath vpon his or their admittance. - - * * * * * - - On the 23 of June, 1644, The formes of two oathes were propounded to - the Court to be taken the next second day in the morning, by all the - inhabitants in this plantatio, one of them is to be taken by all, - and the other by the Governo^r onely. - - * * * * * - - Att a Gen^{rll} Court held att Newhaven the 1^t of July, 1644. The - Governo^r tooke this oath as followeth, - - I [Theophilus Eaton] being att a Gen^{rll} Co^{rt} in October last, - chosen Governo^r w^thin Newhaven Jurisdictio for a yeare then to - ensue, and vntill a new Governo^r be chosen, do sweare by the great - and dreadfull name of the ever living God, to promove the publique - good and peace of the same, according to the best of my skill, and - will allso maintaine all the lawfull priviledges of this comowealth, - according to the fundamentall order and agreem^t made for governm^t - in this jurisdictio, and in like manner will endeuo^r thatt all - wholsome lawes thatt are or shall be made by lawfull authority here - established be duely executed, and will further the executio of - justice according to the righteous rules of Gods worde, so help me - God in o^r Lord Jesus Christ. - - * * * * * - - The Governo^r haveing allso received the - - - OATH OF FIDELITY - - as followeth, - - I [Theophilus Eaton] being by the providence of God an inhabitant - w^thim Newhaven Jurisdictio, doe acknowledge myselfe to be subject - to the goverm^t thereof, and doe sweare by the great and dreadfull - name of the ever living God, to be true and faithfull vnto the same, - and doe submitt both my person and my whole estate thervnto - according to all the wholsome lawes and orders thatt for present are - or hereafter shall be there made and established by lawfull - authority, and thatt I will neither plott nor practise any evill - agst the same, nor consent to any thatt shall so doe, butt will - timely discover the same to lawfull authority here established, and - thatt I will as I am in duety bounde, maintaine the hono^r of the - same and off the lawfull magistrates thereoff, promoting the - publique good of the same whilest I shall continue an inhabitant - there. And whensoever I shall be duely called a free burgesse, - according to the fundamentall order and agreem^t for governm^t in - this jurisdictio to give my vote or suffrage touching any matter - w^ch concerneth this como wealth, I will give itt as in my - conscience I shall judge may conduce to the best good of the same - w^thout respect of persons, So help me God in our Lord Jesus Christ. - - Then he gave itt to all those whose names are herevnder written, - [Two hundred and sixteen names.] [1644.] - -In May, 1665, the Colonies of Connecticut, and New Haven were united as -the Colony of Connecticut in New England. - - - OATH OF ALLEGIANCE - - Administered at New Haven, in May 1666, under powers granted by - Governor John Winthrop, according to his Maj^{ties} Charter granted - to this Colony of Connecticut in New England. - - You J[asper] C[rane], doe sweare faith and Allegeance to his - Maj^{tie} Charles y^e Second, as duty binds according to y^e word of - God. And yo^u doe hereby acknowledge that the Pope, nor any other - potentate hath powe^r or autority or iurisdiction in any of his - Maj^{ties} dominions, and y^t only his Ma^{tie} our sover^n Lord - King Charles hath under God, supreme power in his Ma^{ties} - dominions. And I doe abhor y^e detestable opinion y^t the pope hath - pow^r to Depose princes. And this I doe from my hart, soe help me - God. - -On the 31 October, 1687, Sir Edmund Andros, Knt. took over into his -hands the government of the Colony of Connecticut in New England. - - - - -_In Rhode Island and Providence Plantations._ - - -The settlement of Rhode Island by Roger Williams, being partly -occasioned by his refusal to take either the Oath of Fidelity, or the -Stranger's Oath to the Colony of Massachusetts-Bay will account for the -absence of all Oaths of Allegiance in the early history of the Colony -which he founded. From the first settlement of the Colony of Rhode -Island and Providence Plantations to the present time an Oath could not -be required of any one; but in its place is required a property -qualification and an Affirmation. - - - CIVIL COMPACT - - We whose names are hereunder, desirous to inhabit in the town of - Providence, do promise to subject ourselves in active and passive - obedience to all such orders or agreements as shall be made for - public good of the body in an orderly way, by the major consent of - present inhabitants, masters of families, incorporated together in a - Towne fellowship, and others whom they shall admit unto them only in - civil things. [Richard Scott, and twelve others.] August the 20th, - [1637.] - -This limiting of the powers of town meetings to "civil things," is the -first expression in the new world of a severance of the bonds of Church -and State, and of that principle of freedom of conscience for which the -founder had contended. This first Civil Compact was followed, on the 7th -day of the first month, 1638, by the settlers at Aquidneck, with a - - - SECOND CIVIL COMPACT - - We whose names are underwritten do here, solemnly, in the presence - of Jehovah incorporate ourselves into a Bodie Politick and as he - shall help, will submit our persons, lives and estates unto our Lord - Jesus Christ, the King of Kings and Lord of Lords and to all those - perfect and most absolute lawes of his given us in his holy word of - truth, to be guided and judged thereby. Exod. 24. 3. 4, 2 Cron. - 11.3, 2 Kings, 11. 17. [William Coddington, and eighteen others.] - - The 7th of the first month, 1638. We that are Freemen Incorporate of - this Bodie Politick do Elect and Constitute William Coddington, - Esquire, a Judge amongst us, and so covenant to yield all due honour - unto him according to the lawes of God, and so far as in us lyes to - maintaine the honour and privileges of his place which shall - hereafter be ratifyed according unto God, the Lord helping us so to - do. - - William Aspinwall, Sec'ry. - - I, William Coddington, Esquire, being called and chosen by the - Freemen Incorporate of this Bodie Politick, to be a Judge amongst - them, do covenant to do justice and Judgment impartially according - to the lawes of God, and to maintaine the Fundamentall Rights and - Privileges of this Bodie Politick, which shall hereafter be ratifyed - according unto God, the Lord helping us so to do. - - On the 3d Month, 13 day, 1638. It is ordered that none shall be - received as inhabitants or Freemen to build or plant upon the Island - but such as shall be received in by the consent of the Bodye, and do - submitt to the government that is or shall be established, according - to the word of God. [1638.] - -From this arrangement, the first recorded Act regarding freemen in the -Colony, a minority seceded, taking the Records with them, and drew up -the following instrument: - - It is agreed - - By vs whose hands are underwritten, to propagate a Plantation in the - midst of the Island or elsewhere; And doe engage ourselves to bear - equall charges, answerable to our strength and estates in common; - and that our determinations shall be by major voice of judge and - elders; the Judge to have a double voice. [William Coddington, and - eight others.] On the 28th of the 2d Month, 1639. - -Agreeing and ordering that the Plantation now begun shall be called -Newport. - -The remaining members of the Aquidneck settlement then organized a new -government. - - Aprill the 30th, 1639. - - We whose names are underwritten doe acknowledge ourselves the legall - subjects of his Majestie King Charles, and in his name doe hereby - binde ourselves into a civill body Politicke, assenting unto his - lawes according to right and matters of justice. [William - Hutchinson, and thirty associates.] - - * * * * * - - By the Body Politicke on the Ile of Agethnec, inhabiting this - present, 25 of 9 = month, 1639. - - In the fourteenth yeare of y^e Raign of our Sovereign Lord King - Charles. It is agreed, That as natural subjects to our Prince, and - subject to his Lawes, all matters that concerne the Peace shall be - by those that are officers of the Peace transacted; And all actions - of the Case or Dept, shall be in such Courts as by order are here - appointed, and by such Judges as are Deputed: Heard and Legally - Determined. - - * * * * * - - At the Generall Court of Election began and held at Portsmouth, from - the 16th of March to the 19th of the same mo., 1641. - - 1. It was ordered and agreed before the Election, that an Ingagement - by oath should be taken of all the officers of this Body now to be - elected, as likewise for the time to come; the ingagement which the - severall officers of the State shall give is this; To the execution - of this office I judge myself bound before God to walk faithfully, - and this I profess in y^e presence of God. - - 3. It is ordered and unanimously agreed upon that the Government - which this Bodie Politick doth attend vnto in this Island, and the - Jurisdiction thereof, in favour of our Prince is a Democracie, or - popular Government; that is to say, It is in the Powre of the Body - of Freemen orderly assembled, or the major part of them, to make or - constitute Just Lawes, by which they will be regulated, and to - depute from among themselves such Ministers as shall see them - faithfully executed between Man and Man. - - 16. It is ordered that Ingagement shall be taken by the Justices of - the Peace in their Quarter Sessions of all men or youth above - fifteen years of age, eyther by the oath of Fidelity, or some other - strong cognizance. - - 28. It is ordered and received, that the Ingagement that already was - given by the Freemen was and is of the same force as that oath is - which is authorized to be administered to the Inhabitants, which - oath Nicholas Easton, Rob't Jeoffreys, and Wm. Dyre did take in - presence of the Courte. - - 29. It is ordered, that if any person or persons on the Island, - whether Freeman or Inhabitant, shall by any meanes open or covert, - endeavour to bring in any other Powre than what is now established - (except it be from our Prince by lawfull commission), shall be - accounted a delinquent under the head of Perjurie. - - 30. It is ordered, that the Law of the last Court made concerning - Libertie of Conscience in point of Doctrine is perpetuated. - - - THE ENGAGEMENT OF THE OFFICERS - - You, A. B. being called and chosen vnto public employment, and the - office of ----, by the free vote and consent y^e Inhabitants of the - Province of Providence Plantations (now orderly met), do, in the - present Assemblie, engage yourself faithfully and truly to the - utmost of your power to execute the commission committed vnto you; - and do hereby promise to do neither more nor less in that respect - than that which the Colonie have or shall authorize you to do - according to the best of your understanding. - - - THE RECIPROCAL ENGAGEMENT OF THE STATE TO Y^E OFFICERS - - We, the Inhabitants of the Province of Providence Plantations being - here orderly met, and having by free vote chosen you ----, to public - office and officers for the due administration of Justice and the - execution thereof throughout the whole Colonie, do hereby engage - ourselves to the utmost of our power to support and vphold you in - your faithfull performance thereof. [1641.] - - This Engagement was also agreed to by the Court of Commissioners and - Election. September y^e 13th, 1654. - - It is ordered by the present Assemblie, that this is y^e engagement - of y^e Generall officers any former forme to the contrarie - notwithstandinge. - - * * * * * - - At the General Court of the 21st of May, 1661, the words: "in his - Majesties name" was added after ("now orderly met"). - - * * * * * - - And Att a Generall Assembly of the Collony of Rhode Iland and - Providence Plantations the 4th of May, 1664: - - This Assembly alsoe declareth against any parson acting in any - publike office, except hee first take the engagement according to - the forme hear subjoyned. - - You, A. B., &c., sollemly engage to be true and faythfull vnto our - Soveraigne Lord the King, Charles the Second, of England, Scotland, - France and Ireland, and dominiones and terrytoryes therevnto - belonging; and to his sayd Majesty, his heirs and successors, true - allegeance to beare and exicute your commission, charge and office, - according to the best of your skill and knowledge without - partiallyty or affection to any; and that according to the lawes - already established, or to be established in this Colony. This - ingagement you make and ingage to obsearve, vnder the penalty of - perjury.... - - At the taking of the ingagement by any, ther must bee a - re-engagement given in the Colloneys name, to stand by and assist - such parsones in the exicution of ther offices and performance of - ther dutyes. - - It is alsoe the pleasuer and appoynment of this Generall Assembly, - that none presume to vote in the matters afforesayd, but such whome - this Generall Assembly expresly by ther writting shal admit as - freemen. - - The 19^{th} of the ii^{th} Month, 1645. Wee whose names are heere - after Subscribed, having obteyned a free Grante of Twenty five Akers - of Land a peece with right of Commoning, according to the said - proportion of Land; from the free Jnhabitants of this Towne of - providence; doe thankfully acsept of the same; And heereby doe - promise to yield Actiue; or passiue Obeydience to the authority of - established in this Collonye; according to our Charter; and - to all Such wholesome Lawes & Orders, that are or shall be made, by - the major consent of this Towne of Providence; As alsoe not to - clayme any Righte, to the Purchasse of the Said plantation; Nor any - privilidge of Vote in Towne Affaires; untill we shall be received as - free = Men of the said Towne of Providence. [1645.] - - - THE PREAMBLE TO THE LAW AGAINST PERJURY - - Forasmuch as the consciences of sundry men, truly conscionable, may - scruple the giving or the taking of an oath, and it would be nowise - suitable to the nature and constitution of our place, who profess - ourselves to be men of different consciences and not one willing to - force another to debar such as cannot do so, either from bearing - office among us or from giving in testimony in a case depending; be - it enacted by the authority of this present Assembly, that a solemn - profession or testimony in a court of record, or before a judge of - record, shall be accounted, throughout the whole colony, of as full - force as an oath. [1647.] - -This is the more remarkable because at this time the Friends did not yet -as a distinct Society, hold to the unlawfulness of oaths. And it is in -complete concordance with the teachings of Roger Williams. - - Acts and Orders of the Generall Assembly, sitting at Newport, May - the 3, 1665. - - Ordered, that this following shall be the forme for engaging all - officers in this Collony, called to place of publicke concernment, - &c., for the administration of justice, (viz): - - Whereas, you are, A. B., by the free vote of the freemen of this - Collony of Rhode Island and Providence Plantations, &c., called and - chosen vnto the place and office of ----, in the said Collony, &c., - doe sollemly engage true eleageance vnto his Majestye, his heires - and successors, to beare, and in your said office equall justice and - right to doe vnto all persones within this jurisdiction to the - vtmost or best of your skill and ability without partiality, - according to the laws established, or that shall be established in - this said jurisdiction; [according to the Charter as well in matters - military as civill.] And this engagement you make and give vpon the - perill of the penalty of perjury. - - The reciprocall engagement is as follows, ordered to be given by he - that takes or administers the abovesaid engagement. - - I doe, in the name and behalfe of this Collony, &c., re-ingage to - stand by you and to support you by all due assistance and - incouradgment in your performance and execution of your aforesaid - office according to your engagement. - - Ordered, that the forme of engagement aforesaid shall be used vntill - further order; any former order or forme vsed or prescribed to the - contrary, or differing herefrom notwithstanding. [1665.] These forms - were re-enacted in 1677. - -The Commission appointed by the King to assert the rights of the Crown -to the seven New England Colonies, as the first of the propositions of -his Majesty's will and pleasure in Rhode Island, proposed: - - That all householders inhabiting this Collony take the oath of - alleagence and the administration of justice be in his Majestyes - name. - - Wherevpon, and in a deepsence of his Majestyes most Royall and - wonderful grace and favour more pertickerlerly ... in his letters - pattents ... in which is expresed his ... indulgence extended to - tender consiences, differing in matters of religious worshipe and - conceanments; and more especially in matters of formes of oathes and - cerimonyes or circumstances relating therevnto, ... considering - therein the liberty of concience therein granted. - - The Assembly doe with one consent ... in all cheerfull obediance ... - and therein minding the preveledge granted to tender conciences, doe - in the first place order and declare: that whereas in this Collony - it hath ben alwayes accounted and granted a liberty to such as make - a scruple of swearing and taken an oath, that in stead thereof they - shall engage, under the penalty of false swearing, though they - sweare not in publicke engagement, as well as if they did sweare, - that therefore this most loyall and resonable engagement be given by - all men capable within this jurisdiction for their allegiance to the - King, &c. - - * * * * * - - The forme of which engagement shall be as followeth: - - You, A. B., sollemly and sincearly engage true and faithfull - aleagiance vnto his Majestye Charles the Second, King of England, - his heires and successors, to beare and due obediance vnto the lawes - established, from time to time in this jurisdiction, to yeald vnto - the vtmost of your power, according to the previlidge by his said - Majesty granted, in religioues and civill concearnments to this - Collony in the Charter; which said engagement you make vnder the - perill and penalty of perjury. [1665.] - -They further ordered that "this engagement shall be administered to all -that are already admitted freemen, and that no man shall be admitted a -freeman, and all men that are householders or aged eighteen or more, -shall take the engagement or loose the priviledge of freemen until they -give the engagement premised." The passage of this law led to a long -agitation by those who thought it to be hard on the consciences by many -whom it rendered incapable from carrying on the affairs of the -corporation. And, in the following year, the Assembly ordered and -declared, "That such as are free in their conscience so to do, give the -Engagement, or if they rather choose to give the oath of allegiance now -required in England, that shall be taken; but if there are some words in -either which, in conscience they cannot condescend to say or use, may in -open court, or before two Magistrates adopt in equivalent words -significant of allegiance and submission to yield obedience actively and -passively, to the laws made by virtue of his Majesty's authority, he -shall be restored or admitted as freeman, any former law to the contrary -notwithstanding." - - At a Court held in his Majesty's name, and under his authority, at - the towne of Westerly, in the King's Province, the 17th of - September, 1679. - - The inhabitants of Westerly, being by warrant required to appeare at - this Court to give the oath of allegiance to his Majesty, and of - fidellity to his Majesty's authority for this Collony, these persons - hereunder named appeared and gave oath, viz. [Thirty-three names.] - - The oath given by the above written persons was in these followinge - words: - - I doe truly and sincerely acknowledge, profess, testify and declare - in my conscience before God and the world, that our Soverreign Lord, - King Charles, is lawfull and rightfull King of the Realm of England, - and of all other his dominions and countries; and that the Pope, - neither of himselfe, nor by any authority of the Church, or See of - Rome, or by any other meanes with any other, hath any power or - authority to depose the King, or to dispose of his Majesty's - kingdoms or dominions, or to authorize any forreigne prince to - invade, or annoy him, or his country, or to discharge any of his - subjects from their allegiance and obedience to his Majesty; or to - give license or leave to any of them to beare armes, raise tumults, - or offer any violence or hurt to his Majesty's Royall person, State - or Government, or to any of his Majesty's subjects within his - Majesty's dominions. Alsoe I doe sweare from my heart, that - notwithstanding any declaration or sentence of ex-communication, or - deprivation, made or granted, or to be made or granted by the Pope - or his successors, or by any authority derived or pretended to be - derived from him or his See against the said King, his heires or - successors, or any absolution of the said subjects from their - obedience, I will beare faith and true allegiance to his Majesty, - his heires and successors, and him and them will defend to the - uttermost of my power against all conspiracies and attempts - whatsoever which shall be made against his or their persons, their - Crowne and dignity, by reason or clause of any such sentence or - declaration or otherwise, and will doe my best endeavour to - disclose, and make knowne unto his Majesty, his heires and - successors, all treasons and traiterous conspiracies, which I shall - know or hear of, to be against him or any of them. And I doe further - sweare that I doe from my heart, abhor, detest and abjure as impious - and herritical, this damnable doctrine and position, that princes - which be excommunicated or deprived by the Pope, may be deposed or - murthered by their subjects, or any other whatsoever. And I doe - believe and in my conscience am resolved, that neither the Pope nor - any person whatsoever, hath power to absolve me of this oath, or any - part thereof, which I acknowledge by good and full authority to bee - ministered unto me; and doe renounce all pardons and dispensations - to the contrary. And all these things I doe plainly and sincerely - acknowledge and sweare according to these express words by me - spoken, according to the plaine and common sense and understandinge - of the same words, without any equivocation or mentall evasion or - secrett reservation whatsoever. And further, I doe here solemnly - engage all true and loyall obedience unto his Majesty's authority - placed and established in this his Collony of Rhode Island and - Providence Plantations, and King's Province. And I doe make this - recognition heartily, willingly, and truly, upon the true faith of a - Christian. So help me God. [1679.] - -No further oaths, or engagements, appear until the Administration of Sir -Edmund Andros, in 1686, reduced the Colony to the nature of a County -under his government. - - - - -_In New Hampshire Colony._ - - -As there was no constituted authorities over the patent of New -Hampshire, the Exeter settlers, under the leadership of John -Wheelwright, who had purchased a tract thirty miles square from certain -Indian Sachems in April, 1638, were driven to the expedient of agreeing -upon a voluntary association for governmental purposes. The executive -and judicial functions were vested in a board of three magistrates or -elders, of whom the chief was styled Ruler. They were chosen by the -whole body of freemen, who were the electors and legislators, their -enactments, however, requiring the approval of the Ruler. An inhabitant -had to be admitted a freeman, before he could enjoy the privileges of an -elector. Under this association, an agreement was drawn up by the -Reverend John Wheelwright, their leader, as follows: - - - THE COMBINATION FOR GOVERNMENT AT EXETER, WITH THE FORMS OF OATHS FOR - RULERS AND PEOPLE - - Whereas it hath pleased the lord to moue the heart of our Dread - Soveraigne Charles by the grace of God, King of England, Scotland, - France & Ireland, to grant license & liberty to sundry of his - subjects to plant themselves in the Westerne partes of America: Wee, - his loyall subjects, brethren of the church of Exeter, situate & - lying upon the river of Piscataquacke, wh other inhabitants there, - considering w^{th} ourselves the holy will of god and our owne - necessity, that we should not live w^{th}out wholsome lawes & - government amongst us, of w^{ch} we are altogether destitute; doe in - the name of Christ & in the sight of god combine ourselves together, - to erect & set up amongst us such government as shall be to our best - discerning, agreeable to the will of god, professing ourselves - subjects to our Soveraigne Lord King Charles, according to the - libertys of our English Colony of the Massachusets & binding - ourselves solemnely by the grace & helpe of Christ & in his name & - feare to submit our selves to such godly & Christian laws as are - established in the realme of England to our best knowledge, & to all - other such lawes wch shall upon good grounds be made & inacted - amongst us according to god y^t we may live quietly & peaceably - together in all godliness and honesty. Mon. 5th d., 4th, 1639. [John - Whelewright, and thirty-four others.] - -This was soon found to be unsatisfactory to some other settlers, who -thought its expressions too lavish of loyalty to the King, and, in -consequence, of prelacy; and while they were willing to acknowledge in a -general way his sovereignty, and that they were his subjects, they had -no disposition to make any unnecessary professions of allegiance. -Another compact was then drawn of the same purport, simply acknowledging -the King to be their Sovereign, and themselves his subjects. This was -executed in due form and went into effect as the basis of government. -But it did not bear the test of trial. Curiously, because it did not -contain loyalty enough. And the original Combination was re-executed -with the following explanatory preamble: - - Whereas a certen combination was made by us, the brethren of the - Church of Exeter, with the rest of the Inhabitants, bearing date - Mon. 5th. d. 4, 1639, wh afterwards, upon the instant request of - some of the brethren, was altered, & put into such a forme of - wordes, wherein howsoever we doe acknowledge the King's Majesty our - dread Sovereigne & ourselves his subjects: yet some expressions are - contained therein wh may seeme to admit of such a sence as somewhat - derogates from that due Allegiance wh we owe to his Highnesse, quite - contrary to our true intents and meanings: We therefore doe revoke, - disannull, make voyd and frustrate the said latter combination, as - if it never had beene done, and doe ratify, confirme and establish - the former, wh wee onely stand as being in force & virtue, the wh - for substance is here set downe in manner and form following. Mon., - 2d d., 2, 1640. - -Both the Elders and the People were required to take certain prescribed -oaths, as follows: - - - THE ELDERS OR RULERS OATH - - You shall sweare by the great and dreadfull Name of the high God - maker & Gov^r of heaven and earth, and by the Lord Jesus Christ y^e - Prince of the Kings and Rulers of the earth that in his name and - feare you will Rule and Governe this people according to the - righteous will of God's Ministeringe Justice and Judgm^t upon the - workers of iniquity and Ministering due incurreagm^t and Countenance - to well doers protecting of people so farre as in you by the helpe - of God lyeth from forren Annoyance and inward disturbance that they - may live a quiett and peacable life in all godlyness and honesty. - Soe God bee helpful and gratious to you and yo^{rs} in Christ Jesus. - - - THE OATH OF THE PEOPLE - - Wee doe here sweare by the Great and dreadful name of y^e high God, - maker and Gouern^r of Heaven & earth and by the Lord Jesus X y^e - King & Savio^r of his people that in his name & fear we will submitt - o^r selves to be ruld & gouerned by, according to y^e will & Word of - God and such holsome Laws & ordinances as shall be derived theire - from by O^r honr^d Rulers and y^e Lawfull assistance with the - consent of y^e people and y^t wee will be ready to assist them by - the helpe of God in the administration of Justice and p^rservacon of - peace with o^r bodys and goods and best endeavo^{rs} according to - God, so God protect & saue us and O^{rs} in Christ Jesus. [1640.] - - - THE COMBINATION OF THE PEOPLE OF DOVER TO ESTABLISH - A FORM OF GOVERNMENT - - Whereas sundry Mischiefes and inconveniences have befaln us, and - more and greater may in regard of want of Civill Government, his - Gratious Matie haveing hitherto settled no Order for us to our - knowledge: - - Wee whose names are underwritten being inhabitants upon the River - Piscataquack have voluntarily agreed to combine our selves into a - Body Politique that wee may the more comfortably enjoy the benefit - of his Maties Lawes. And do hereby actually ingage our Selves to - Submit to his Royal Maties Lawes together with all such Orders as - shalbee concluded by a Major part of the Freemen of our Society, in - case they bee not repugnant to the Lawes of England and administered - in the behalfe of his Majesty. - - And this wee have mutually promised and concluded to do and so to - continue till his Excellent Matie shall give other Order concerning - us. - - In Witness wee have hereto Set our hands the two & twentieth day of - October in the sixteenth yeare of the Reign of our Sovereign Lord - Charles by the grace of God King of Great Brittain, France & Ireland - Defender of the Faith &c. Annoq Domi, 1640. [John Follett, and - forty-one others.] - -Under these forms the administration of the affairs of Exeter, and -Dover, went on satisfactorily until, together with Hampton and -Portsmouth, they came under the sway of Massachusetts-Bay in 1643; a -part of the price the latter were ready to pay for the extension of -their jurisdiction was that the citizens of the New Hampshire towns were -to be allowed the elective franchise without reference to their being -church members. This arrangement continued under the Laws of -Massachusetts-Bay, as a part of Norfolk County, until New Hampshire -became, in 1680, a Royal Province. - - In the Generall Lawes and Liberties of the Province of New - Hampshire, made by the Generall Assembly in Portsm^o the 16th of - March, 1679/80 and Aproved by the Presid^t and Councill. The - following is given as the status of - - - FREEMEN - - 8. It is ordered by this Assembly and the authority thereof y^t all - Englishmen being Protestants, y^t are settled Inhabitants and - freeholders in any towne of this Province, of y^e age of 24 years, - not viceous in life but of honest and good conversation, and such as - have 201 Rateable estate w^{th}out heads of persons having also - taken the oath of allegiance to his Maj^s, and no others shall be - admitted to y^e liberty of being freemen of this Province, and to - give theire votes for the choice of Deputies for the Generall - Assembly, Constables, Selectmen, Jurors and other officers and - concernes in y^e townes where they dwell; provided this order give - no liberty to any pson or psons to vote in the dispossion or - distribution of any lands, timber or other properties in y^e Towne, - but such as have reall right thereto; and if any difference arise - about s^d right of voting, it shall be judged and determined by y^e - Presid^t and Councill w^{th} the Gen^{ll} Assembly of this Province. - -This Body of Laws when sent to England for Royal approval was -disallowed. - - - - -_In Province or County of Maine._ - - -The Colonization of what is called in the Charter granted by Charles the -First to Sir Ferdinando Gorges in 1639, "The Province or Countie of -Mayne," presented many difficulties. The extraordinary governmental -powers given to the Lord-Proprietary, which were transmissible with the -property to his heirs and assigns, made of it a vast landed estate in -which there could not be much voluntary co-operation. To assist in its -government a board of Councilors was appointed who before taking office -were required to "take the Oath of Allegiance according to the forme now -used in this his highness' realme of England, and shall alsoe take the -Oath hereunto subscribed." - - - OATH OF COUNCILORS OF PROVINCE OF MAYNE - - I do swear and protest before God Allmighty and by the holy contents - of this Book to be a faithfull Servant and Councellor unto Sir - Ferdinando Gorges Knight my Lord of the Province of Mayne, and to - his heirs and assigns, to do and perform to the utmost of my power - all dutiful respects to him or them belonging, concealing their - Councells, and without respect of persons to do, perform and give my - opinion in all causes according to my conscience, and best - understanding both as I am a Councellor for hearing of causes, and - otherwise freely to give him or them my opinion as I am a Councellor - for matters of State or Common-wealths and that I will not conceal - from him or them and their Councell any matter of conspiracy or - mutinous practice against my said Lord and his heirs but will - instantly after my knowledge thereof discover the same, and - prosecute the authors thereof with all diligence and severity - according to Justice, and thereupon do humbly kiss the Book. Taken - September 2, 1639. - -On the death of Sir Ferdinando in 1647, his estate in Maine passed to -his son, John Gorges, who totally neglected his inheritance not even -replying to repeated letters from the Gorges Colonists. - -A Patent for lands on the Kennebeck River had been given to the New -Plymouth Colony in 1629. In 1649, they let the trade upon it for a -period of three years to Governor William Bradford, and four associates. -In 1652, the trade was sold to the same men for three years longer. In -that year, from actual survey, the east line of the Massachusetts-Bay -Colony was found to encroach upon the liberties of the trade sold by and -to the New Plymouth officers; and, in 1653, Thomas Prence was authorized -to summon all and every inhabitant of the Kennebeck country to assemble -and receive from him the instructions of the Plymouth General Court: "1. -That the people should take the Oath of fidelity to the State of -England, and to the government of New Plymouth. 2. That they were to be -made acquainted with the Colony laws, applicable to them, and establish -suitable rules and regulations to guide and govern them in their civil -affairs. 3. None were to be inhabitants there but such as should take -the Oath of Allegiance. 4. None could vote for an Assistant but such as -should take the Oath." - -The Oath required was in these words: - - You shall be true and faithfull to the State of England, as it is - now established, and whereas you chuse at present to reside within - the government of New Plymouth, you shall not do, or cause to be - done, any act, or acts, directly or indirectly by land or water, - that shall, or may tend to the destruction or overthrow of the whole - or part of this government, that shall be ordered, erected or - established; but shall contrarywise, hinder, oppose, or discover - such intents and purposes, as tend thereunto, to those that are in - place for the time being; that the government may be informed - thereof with all convenient speed; You shall also submitt, and - observe all such good and wholesome laws, ordinances, and officers - as are, or shall be established within the several limits thereof, - So help you God, who is the God of Truth and the punisher of - falsehood. [1653.] - -This action constituted them freemen of Massachusetts, on taking the -Oath, without the prerequisite of church membership. It was followed by -a growing discontent against the chief officers in New Plymouth being -lessees of the trade. The large returns which had been confidently -expected were not being realized, and a jealousy of the people against -those in power, finally led to the sale of the Patent, embracing seven -hundred square miles, to a committee representing the Massachusetts-Bay -Colony, for four hundred pounds. In 1677, after much controversy and -trouble with the heirs, Ferdinando Gorges, a grandson of the -Lord-Proprietary, sold his rights to the Massachusetts-Bay Colony for -one thousand two hundred and fifty pounds sterling, and the Territory of -Maine became a District of Massachusetts down to the year 1820. - - * * * * * - -The power of an Oath is a subject for the Casuist. But, in the brief -period of this paper--less than the span of life the Psalmist gives to -man--we have seen an Oath throne and dethrone monarchs; build up and -destroy flourishing Commonwealths; make and unmake Statehoods; be a -guarantee of peace, and an incentive for war. Who, under these -conflicting conditions, can measure their influence but Him in whose -name and power they are made! - - - - ------------------------------------------------------------------------- - - - - -Transcriber's note: - - 1. Spelling in oaths or quoted sections is uncorrected. - - 2. Silently corrected typographical errors. - - 3. 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