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OATHS OF ALLEGIANCE IN
COLONIAL NEW ENGLAND
BY
CHARLES EVANS
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
3
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.
4
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:
5
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
6
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.”
7
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
8
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.]
9
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.
10
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
11
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
r
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.]
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.
12
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
r
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
r
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.]
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,
13
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
14
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.
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
r
all 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
r
all 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
r
sence of
the Court take an oath to his place belonginge.”
And “to the end the body of the com̄ons may be
p
r
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.”
15
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
n
lty 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
r
s, & 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
r
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
t
ly 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.]
16
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
17
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.
18
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
19
Att a Gen
r
all 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
20
therevnto, and to the aucthoritie of the Goūn
r
, and all other the
Magistrates there, and their success
r
s, and to all such lawes,
orders, sentences, & decrees, as nowe are or hereafter shalbe lawfully
made, decreed, & published by them or their success
r
s.
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
r
all 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.
21
Fac-simile of Original Manuscript Record
In the Handwriting of Secretary Simon Bradstreet
last Colonial Governor of Massachusetts Bay
22
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.
23
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.
24
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
25
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.
26
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
27
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
28
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
29
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.
30
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
31
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
32
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,
33
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
34
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
35
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
36
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.
37
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]].
38
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
39
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.
40
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.].
41
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.
42
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:
43
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
44
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.
45
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
46
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,
47
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
48
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
49
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
50
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
r
all Cort at Hartford.
Forasmuch as it has pleased the Allmighty God by the wise
disposition of his diuyne p
r
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
r
searue the liberty and
purity of the gospell of our Lord Jesus w
ch
we now p
r
fesse, as
also the disciplyne of the Churches w
ch
according to the truth
51
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
r
uidence of God an inhabitant w
th
in
the Jurisdiction of Conectecotte, doe acknowledge my selfe to
be subject to the gou
r
ment 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
r
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
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
r
xy, 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
r
son
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
r
uidence 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
r
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
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
r
moting 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
52
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
r
sons 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
r
bed 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
r
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
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
53
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
r
sons yet shal
not p
r
take 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
54
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
t
hin this jurisdiction was propounded to the
consideratiō of the court, who, after some serious debate and
consideratiō rested satisfyed w
t
h the said formes. And therevpon
ordered thatt itt should be forthw
t
h 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
t
hin 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
t
him Newhaven Jurisdictiō, doe acknowledge
55
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
c
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
t
hout
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
56
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.
57
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:
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.
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
58
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
59
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
60
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
61
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
62
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
63
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.]
64
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
65
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
66
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
r
servacon 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.]
67
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,”
68
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
69
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.
70
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
-
Table of contents added by transcriber.
-
Spelling in oaths or quoted sections is uncorrected.
-
Silently corrected typographical errors.