b. From the Wonder-working Providence, of Sions Saviour in New England (Book III, Chapter V)
Reading edition
This quaint history was printed in London in 1654, anonymously. The original manuscript has never been discovered. Tradition ascribes the authorship to Captain Edward Johnson, one of the companions of Winthrop in the migration of 1630.
... and in the year 1648 they [the laws] were printed, and now are to be seen of all men, to the end that none may plead ignorance, and that all who intend to transport themselves hither, may know this is no place of licentious liberty, nor will this people suffer any to trample down this Vineyard of the Lord, but with diligent execution will cut off from the city of the Lord the wicked doers, and if any man can shew wherein any of them derogate from the Word of God, very willingly will they accept thereof, and amend their imperfections (the Lord assisting) but let not any ill-affected persons find fault with them, because they suit not with their own humour, or because they meddle with matters of Religion, for it is no wrong to any man, that a people who have spent their estates, many of them, and ventured their lives for to keep faith and a pure conscience, to use all means that the Word of God allows for maintenance and continuance of the same, especially [when] they have taken up a desolate Wilderness to be their habitation, and not deluded any by keeping their profession in huggermug, but print and proclaim to all the way and course they intend, God willing, to walk in; [and] if any will yet notwithstanding seek to justle them out of their own right, let them not wonder if they meet with all the opposition a people put to their greatest straits can make; ... but ... it seems unreasonable, and savours too much of hypocricie, that any people should pray unto the Lord for the speedy accomplishment of his Word in the overthrow of Antichrist, and in the mean time become a Patron to sinful opinions and damnable errors that oppose the truths of Christ....
c. Discussion between Saltonstall and Cotton (about 1650)
Hutchinson's Collection of Original Papers (1769), 401-406.
Saltonstall was the chief founder of Watertown, and one of the signers of the Cambridge Agreement (No. 58 b). Like his town, he was inclined to democracy in politics and to "Separation" in religion. This letter to the Boston pastors was written from England (to which he had returned in 1631) about 1650. Both letters are without dates.
(1) Sir Richard Saltonstall to Mr. Cotton and Mr. Wilson
Reverend and deare friends, whom I unfaynedly love and respect:
It doth not a little grieve my spirit to heare what sadd things are reported dayly of your tyranny and presecutions in New-England,—as that you fyne, whip, and imprison men for their consciences. First, you compell such to come into your assemblyes as you know will not joyne with you in your worship, and when they shew their dislike thereof or witnes against it, then you styrre up your magistrates to punish them for such (as you conceyve) their publicke affronts. Truely, friends, this your practice of compelling any in matters of worship to doe that whereof they are not fully persuaded, is to make them sin; for soe the apostle (Rom. 14 and 23.) tells us; and many are made hypocrites thereby, conforming in their outward man for feare of punishment. We pray for you and wish you prosperitie every way, [and] hoped the Lord would have given you so much light and love there that you might have been eyes to God's people here, and not to practice those courses in a wildernes which you went so farre to prevent. These rigid wayes have layed you very lowe in the hearts of the saynts. I doe assure you I have heard them pray in the publique assemblies that the Lord would give you meeke and humble spirits, not to stryve soe much for uniformity as [instead] to keepe the unity of the spirit in the bond of peace.
When I was in Holland about the beginning of our warres, I remember some christians there, that then had serious thoughts of planting in New-England, desired me to write to the governor thereof to know if those that differ from you in opinion, yet houlding the same foundation in religion (as Anabaptists, Seekers, Antinomians, and the like), might be permitted to live among you; to which I received this short answer from your then governour Mr. Dudley; God forbid (said he) our love for the truth should be growne soe could that we should tolerate errours: and when (for satisfaction of myself and others) I desired to know your grounds, he referred me to the books written here between the Presbyterians and Independents;—which if that had been sufficient, I needed not have sent soe farre to understand the reasons of your practice. I hope you do not assume to yourselves infallibilitie of judgment, when the most learned of the Apostles confesseth he knew but in parte and sawe but darkely as through a glass; for God is light, and no further than he doth illuminate us can we see, be our partes and learning never soe great. Oh that all those who are brethren, though yet they cannot thinke and speake the same things might be of one accord in the Lord. Now the God of patience and consolation grant you to be thus mynded towards one another, after the example of Jesus Christ our blessed Savyor, in whose everlasting armes of protection hee leaves you who will never leave to be
Your truly and much affectionate friend in the nearest union,
Ric. Saltonstall.
For my reverend and worthyly much esteemed friends Mr. Cotton and Mr. Wilson, preachers to the church which is at Boston in New-England, give this.
(2) Mr. Cotton's Answer to Sir Richard Saltonstall
... You thinke to compell all men in matter of worship is to make men sinne (according to Rom. 14. 23.). If the worship be lawfull in itselfe, the magistrate compelling him to come to it compelleth him not to sinne, but the sinne is in his will that needs to be compelled to a christian duty. Josiah compelled all Israel, or (which is all one) made to serve the Lord their God, 2 Chron. 34. 33. yet his act herein was not blamed but recorded amongst his virtuous actions. For a governour to suffer any within his gates to prophane the sabbath, is a sinne against the 4th commandment, both in the private householder and in the magistrate; and if he requires them to present themselves before the Lord, the magistrate sinneth not, nor doth the subject sinne so great a sinne as if he did refraine to come....
But (say you) it doth but make men hypocrites to compell men to conforme the outward man for feare of punishment. If it did so, yet better to be hypocrites than prophane persons. Hypocrites give God part of his due, the outward man, but the prophane person giveth God neither outward nor inward man....
What you wrote out of Holland to our then governor Mr. Dudley, in behalfe of Anabaptists, Antinomians, Seekers, and the like, it seemeth, mett with a short answer from him, but zealous; for zeal will not beare such mixtures as coldnesse or lukewarmenesse will, Revel. 2. 2. 14. 15. 20.
85. Criticism by a Moderate Episcopalian and Monarchist
Lechford's "Plaine Dealing" (1641), reprinted in Massachusetts Historical Society Collections, Third Series, III, 55 ff.
Thomas Lechford was in New England from 1637 to 1641. His point of view is not seriously unfriendly.
... And I doe not this, God knoweth, as delighting to lay open the infirmities of these well-affected men, many of them my friends,—but that it is necessary, at this time, for the whole Church of God, and themselves, as I take it. Besides, many of the things are not infirmities, but such as I am bound to protest against; yet I acknowledge there are some wise men among them who would help to mend things, if they were able. ... And I think that wiser men then they, going into a wildernesse to set up another strange government differing from the settled government here, might have falne into greater errors then they have done.
[After describing the method of organizing a church.] And the generall Court will not allow of any Church otherwise gathered.
Some Ministers have there heretofore, as I have heard, disclaimed the power of their Ministry, received in England, but others among them have not. Generally, for the most part, they hold the Pastors and Teachers offices to be distinct; the Teacher to minister a word of knowledg, the Pastor a word of wisdome, but some hold them all one; as in the Church of Watertowne, there are two Pastors, neither will that Church send any messengers to any other Church-gathering or ordination.[82]
... Now the most of the persons at New-England are not admitted of their Church, and therefore are not Freemen, and when they come to be tryed there, be it for life or limb, name or estate, or whatsoever, they must bee tryed and judged too by those of the Church, who are in a sort their adversaries: how equall that hath been or may be, some by experience doe know, others may judge.
Profane swearing, drunkennesse, and beggers, are but rare in the compasse of this Patent, through the circumspection of the Magistrates, and the providence of God hitherto, the poore there living by their labours and great wages, proportionably, better then the rich by their stocks, which without exceeding great care, quickly waste....
But the people begin to complain [that] they are ruled like slaves, and in short time shall have their children for the most part remain unbaptized: and so have little more privilege than Heathens, unlesse the discipline be amended....
When I was to come away, one of the chiefest in the Country wished me to deliver him a note of what things I misliked in the Country, which I did, thus:
I doubt,
1. Whether so much time should be spent in the publique Ordinances, on the Sabbath day, because that thereby some necessary duties of the Sabbath must be needs be hindered, as visitation of the sick, and poore, and family.
2. Whether matters of offence should be publiquely handled, either before the whole Church, or strangers.
3. Whether so much time should be spent in particular catechizing those that are admitted to the communion of the Church, either men or women; or that they should make long speeches; or when they come publiquely to be admitted, any should speak contradictorily, or in recommendation of any, unlesse before the Elders, upon just occasion.
4. Whether the censures of the Church should be ordered, in publique, before all the Church, or strangers, other then the denunciation of the censures, and pronunciation of the solutions.
5. Whether any of our Nation, that is not extremely ignorant or scandalous, should bee kept from the Communion, or his children from Baptisme....
10. That the civill government is not so equally administered, nor can be, divers orders or bylaws considered.
11. That unlesse these things be wisely and in time prevented, many of your usefullest men will remove and scatter from you.
Certain Quaeres about Church government, planting Churches, and some other Experiments.
32. Whether or no to maintain a desired purity or perfection in the Magistracie, by election of the people, these good men of New-England, are not forced to be too strict in receiving the brethren, and to run a course tending to heathenisme?
33. Whether have not popular elections of chiefe Magistrates beene, and are they not, very dangerous to States and Kingdomes? Are there not some great mysteries of State and government? Is it possible, convenient, or necessary, for all men to attain to the knowledge of those mysteries, or to have the like measure of knowledge, faith, mercifulnesse, wisdome, courage, magnanimity, patience? Whence are Kings denominated, but from their skill and knowledge to rule? whereto they are even born and educated, and by long experience, and faithfull Counsellors enabled, and the grace and blessing of God upon all? Doe not the wise, good, ancient, and renowned Laws of England attribute much, yea, very much trust and confidence to the King, as to the head and supreame Governour, though much be also in the rest of the great body, heart and hands, and feete, to counsell, maintain, and preserve the whole, but especially the Head?
34. Hence what government for an Englishman but an hereditary, successive, King, the son of Nobles, well counselled and assisted?
I thank God, now I understand by experience, that there is no such government for Englishmen, or any Nation, as a Monarchy; nor for Christians, as by a lawfull Ministrie, under godly Diocesan Bishops....
86. A Presbyterian Demand for the Franchise, 1646
Hutchinson's Collection of Original Papers (1769), 188-194. Less than half the document is given here.
To the worshipful the Governor, the Deputy Governor, and the rest of the Assistants of the Massachusets Bay in New England, together with the Deputyes of the Generall Court now assembled at Boston.
The Remonstrance and humble Petition of us whose names are underwritten, in behalfe of ourselves and divers others within this jurisdiction, humbly sheweth.
That we cannot but with all thankfulness acknowledge your indefategable paines, continuall care, and constant vigilancy, which, by the blessing of the Almighty, hath procured unto this wilderness the much desired fruits of peace and plenty ... And further, that you whom the Lord hath placed at the helm ... are best able to foresee the clouds which hang over our heads ... Notwithstanding, those who are under decks ... may perceive those leaks which will inevitably sink this weake and ill compacted vessell, if not by your wisdoms prevented ... Not to trouble you ... with many words, we shall briefly referre them to their heads....
1. Whereas this place hath been planted by the incouragement, next under God, of letters patents given and granted by his Majesty of England to the inhabitants thereof, with many privileges and immunities, viz., ... Notwithstanding, we cannot, according to our judgments, discerne a setled forme of government according to the lawes of England, which may seeme strange to our countrymen, yea to the whole world, especially considering we are English. Neither do we understand and perceyve our owne lawes or libertyes, or any body of lawes here so established, as that thereby there may be a sure and comfortable enjoyment of our lives, libertyes, and estates, according to our due and naturall rights, as free borne subjects of the English nation. By which, many inconveniences flow into plantations, Viz. jealousies of introducing arbitrary government, which manny are prone to beleeve, construing the procrastination of such setled lawes to proceed from an overgreedy spirit of arbitrary power (which it may be is their weaknes) such proceedings being detestable to our English nation, and to all good men, and at present the chief cause of the intestine warre in our deare country.[83] Further, it gives cause to many to thinke themselves hardly dealt with, others too much favored, and the scale of justice too much bowed and unequally balanced. From whence also proceedeth feares and jealousies of illegall committments, unjust imprisonments, taxes, rates, customes, levyes of ungrounded and undoing assessments, unjustifiable presses, undue fynes, unmeasurable expences and charges, of unconceyvable dangers through a negative or destructive vote unduly placed, and not well regulated,—in a word, of a non-certainty of all things we enjoy, whether lives, liberties, or estate; and also of undue oaths, being subject to exposition, according to the will of him or them that gives them, and not according to a due and unbowed rule of law....
Wherefore our humble desire and request is, that you would be pleased to consider of our present condition and upon what foundation we stand, and unanimously concurr to establish the fundamentall and wholesome lawes of our native country, and such others as are no wayes repugnant to them, unto which all of us are most accustomed; and we suppose them best agreeable to our English tempers, and yourselves obliged thereunto by the generall charter and your oathes of allegiance....
2. Whereas there are many thousands in these plantations, of the English nation, freeborne, quiett and peaceable men, righteous in their dealings, forward with hand, heart and purse, to advance the publick good, knowne friends to the honorable and victorious Houses of Parliament, lovers of their nation, etc. who are debarred from all civill imployments (without any just cause that we know) not being permitted to bear the least office (though it cannot be denied but some are well qualifyed) no not so much as to have any vote in choosing magistrates, captains or other civill and military officers; notwithstanding they have here expended their youth, borne the burthen of the day, wasted much of their estates for the subsistence of these poore plantations, paid all assessments, taxes, rates, at least equall, if not exceeding others, yea when the late warre was denounced against the Narrowganset Indians, without their consent, their goods were seized on for the service, themselves and servants especially forced and impressed to serve in that warre, to the hazarding of all things most dear and near unto them, whence issue forth many great inconveniences, secret discontents, murmurings, rents in the plantations, discouragements in their callings, unsettlednes in their minds, strife, contention, and the Lord only knows to what a flame in time it may kindle; also jealousies of too much unwarranted power and dominion on the one side, and of perpetual slavry and bondage on the other, and, which is intollerable, even by those who ought to love and respect them as brethren.
We therefore desire that civill liberty and freedom be forthwith granted to all truely English, equall to the rest of their countrymen, as in all plantations is accustomed to be done, and us all freeborne enjoy in our native country (we hoping here in some things to enjoy greater liberties than elsewhere, counting it no small losse of liberty to be as it were banished from our native home, and enforced to lay our bones in a strange wildernes) without imposing any oathes or covenant on them, ... Further, that none of the English nation, who at this time are too forward to be gone, and very backward to come hither, be banished, unles they break the known lawes of England in so high a measure, as to deserve so high a punishment; and that those few that come over may settle here without having two magistrates hands, which sometimes not being possible to obtain, hath procured a kind of banishment to some, who might have been serviceable to this place, as they have been to the state of England, etc. And we likewise desire that no greater punishments be inflicted upon offenders than are allowed and sett by the laws of our native country.
3. Whereas there are diverse sober, righteous and godly men, eminent for knowledge and other gracious gifts of the holy spirit, no wayes scandalous in their lives and conversation, members of the church of England (in all ages famous for piety and learning) not dissenting from the latest and best reformation of England, Scotland, etc. yet they and their posterity are deteined from the seales of the covenant of free grace, because, as it is supposed, they will not take these churches covenants, for which as yet they see no light in Gods word; neither can they clearly perceive what they are, every church having their covenant differing from anothers, at least in words....
We therefore humbly intreat you, in whose hands it is to help and whose judicious eyes discern these great inconveniences, for the glory of God and the comfort of your brethren and countrymen, to give liberty to the members of the church of England, not scandalous in their lives and conversations (as members of these churches) to be taken into your congregation and to enjoy with you all those liberties and ordinances Christ hath purchased for them. ...[84]
These things being granted ... we hope to see the now contemned ordinances of God highly prized ... To conclude, all businesses in church and commonwealth (which for many years have seemed to go backward ...) successfully thriving....
Subscribed Robert Child[85] [and six others].
87. Punishment for not Attending "Approved" Churches, 1666
Thomas Hutchinson's Collection of Original Papers (1769), 399-400. Hutchinson adds in a note that the three persons here condemned were Baptists who were trying to set up a church in Boston.
At a county court held at Cambridge, on adjournment, Aprill 17. 1666.
Thomas Goold, Thomas Osburne and John George being presented by the grand jury of this county for absenting themselves from the publick worship of God on the Lords dayes for one whole yeare now past, alledged respectively as followeth, viz.
Thomas Osburne answered, that the reason of his non-attendance was, that the Lord hath discovered unto him from his word and spirit of truth that the society, wherewith he is now in communion, is more agreeable to the will of God: asserted that they were a church and attended the worship of God together, and do judge themselves bound so to do, the ground whereof he said he gave in the general court.
Thomas Goold answered, that as for coming to publique worship they did meet in publique worship according to the rule of Christ, the grounds whereof they had given to the court of assistants: asserted that they were a publique meeting, according to the order of Christ Jesus gathered together.
John George answered, that he did attend the publique meetings on the Lord's dayes where he was a member; asserted that they were a church according to the order of Christ in the gospell, and with them he walked and held communion in the publique worship of God on the Lord's dayes.
Whereas at the general court in October last, and at the court of assistants in September last endeavours were used for their conviction [and that] the order of the generall court declaring the said Goold and company to be no orderly church assembly and that they stand convicted of high presumption against the Lord and his holy appoyntments was openly read to them and is on file with the records of this court:—
The court sentenced the said Thomas Goold, Thomas Osburne, and John George, for their absenting themselves from the publique worship of God on the Lords dayes, to pay foure pounds fine, each of them, to the county order. And whereas by their owne confessions they stand convicted of persisting in their schismaticall assembling themselves together, to the great dishonour of God and our profession of his holy name, contrary to the act of the generall court of October last prohibiting them therein on penalty of imprisonment, this court doth order their giving bond respectively in 20l. each of them, for their appearance to answer their contempt at the next court of assistants.
The abovenamed Thomas Goold, John George, and Thomas Osburne made their appeale to the next court of assistants, and refusing to put in security according to law were committed to prison.
88. Quaker Persecutions
a. Edward Burrough's Appeal to Charles II
Edward Burrough's Declaration of the Sad and Great Persecution and Martyrdom of Quakers in New England (London, 1660), 17-20. All italics in this extract are in the original.
... 2. TWELVE Strangers in that Country, but free-born of this Nation, received twenty three Whippings, the most of them being with a Whip ofthree Cords, with Knots at the ends, and laid on with as much strength as they could be by the Arm of their Executioner, the stripes amounting to Three hundred and seventy.
3. Eighteen Inhabitants of the Country, being free-born English, received twenty three Whippings, the stripes amounting to two hundred and fifty.
4. Sixty four Imprisonments of the Lords People, for their obedience to his Will, amounting to five hundred and nineteen weeks, much of it being very cold weather, and the Inhabitants kept in Prison in harvest time, which was very much to their losse; besides many more Imprisoned, of which time we cannot give a just account.
5. Two beaten with Pitched Ropes, the blows amounting to an hundred thirty nine, by which one of them was brought near unto death, much of his body being beat like unto a jelly, and one of their own Doctors, a Member of their Church, who saw him, said, It would be a Miracle if ever he recovered, he expecting the flesh should rot off the bones; who afterwards was banished upon pain of death. There are many Witnesses of this there.
6. Also, an Innocent man, an Inhabitant of Boston, they banished from his Wife and Children, and put to seek a habitation in the Winter; and in case he returned again, he was to be kept Prisoner during his life: and for returning again, he was put in Prison, and hath been now a Prisoner above a year.
7. Twenty five Banishments, upon the penalties of being whipt, or having their Ears cut; or branded in the Hand, if they returned.
8. Fines laid upon the Inhabitants for meeting together, and edifying one another, as the Saints ever did; and for refusing to swear, it being contrary to Christ's Command, amounting to about a Thousand pound, besides what they have done since, that we have not heard of; many Families, in which there are many Children, are almost ruined, by these unmerciful proceedings.
9. Five kept Fifteen dayes (in all) without food, and Fifty eight dayes shut up close by the Jaylor, and had none that he knew of; and from some of them he stopt up the windows, hindring them from convenient air.
10. One laid Neck and Heels in Irons for sixteen hours.
11. One very deeply burnt in the right hand with the letter H. after he had been whipt with above Thirty stripes.
12. One chained the most part of Twenty dayes to a Logg of wood in an open Prison in the Winter-time.
13. Five Appeals to England, denied at Boston.
14. Three had their right Ears cut by the Hangman in the Prison, the Door being barred, and not a Friend suffered to be present while it was doing, though some much desired it.
15. One of the Inhabitants of Salem, who since is banished upon pain of Death, had one half of his House and Land seized on while he was in Prison, a month before he knew of it.
16. At a General Court in Boston, they made an Order, That those who had not wherewithal to answer the ffines that were laid upon them (for their Consciences) should be sold for Bond=men, and Bond=women to Barbados, Virginia, or any of the English Plantations.
17. Eighteen of the people of God were at several times banished upon pain of Death, six of them were their own Inhabitants, two of which being very aged people, and well known among their Neighbours to be of honest Conversations, being Banished from their Houses and Families, and put upon Travelling and other hardships, soon ended their dayes; whose Death we can do no lesse than charge upon the Rulers of Boston, they being the occasion of it.
18. Also three of the Servants of the Lord they put to Death, all of them for obedience to the Truth, in the Testimony of it against the wicked Rulers and Laws at Boston.
19. And since they have banished four more, upon pain of Death; and twenty four of the Inhabitants of Salem were presented, and more Fines called for, and their Goods seized on, to the value of Forty pounds, for meeting together in the fear of God, and some for refusing to swear.
These things (O King) from time to time have we patiently suffered, and not for the trangression of any Just or Righteous Law, either pertaining to the Worship of God, or the Civil Government of England, but simply and barely for our Consciences to God, of which we can more at large give Thee (or whom thou mayest order) a full Account (if Thou wilt let us have admission to Thee, who are Banished upon pain of Death, and have had our Ears cut, who are, some of us, in England attending upon Thee) both of the Causes of our Sufferings, and the Manner of their disorderly and illegal Proceeding against us; who begun with Immodesty, went on in Inhumanity and Cruelty, and were not satisfied until they had the Blood of three of the Martyrs of JESUS: Revenge for all which we do not seek, but lay them before Thee, considering Thou hast been well acquainted with Sufferings, and so mayest the better consider them that suffer, and mayest for the future restrain the Violence of these Rulers of New-England, having Power in Thy hands; they being but the Children of the Family, of which Thou art Chief Ruler; Who have in divers of their Proceedings forfeited their Patent; as upon a strict Inquiry in many particulars will appear.
And this, O King, we are assured of, that in time to come it will not repent Thee, if by a Close Rebuke Thou stoppest the Bloody Proceedings of these Bloody Persecutors; for in so doing, Thou wilt engage the hearts of many honest People unto Thee, both there and here; and for such Works of Mercy, the Blessing is obtained, and shewing it, is the way to prosper....
b. A Quaker Trial at Boston, 1661[86]
Joseph Besse's Collection of the Sufferings of the People called Quakers (1753), II, 222-223. Italics as in the original.
Anno 1661. At the said next General-Court, Wenlock Christison was again brought to the Bar.
The Governour asked him, What he had to say for himself, why he should not die?
Wenlock. I have done nothing worthy of Death; if I had, I refuse not to die.
Governour. Thou art come in among us in Rebellion, which is as the Sin of Witchcraft, and ought to be punished.
Wenlock. I came not in among you in Rebellion, but in Obedience to the God of Heaven; not in Contempt to any of you, but in Love to your Souls and Bodies; and that you shall know one Day, when you and all Men must give an Account of your Deeds done in the Body. Take heed, for you cannot escape the righteous Judgments of God.
Major-General Adderton. You pronounce Woes and Judgments, and those that are gone before you pronounced Woes and Judgments; but the Judgments of the Lord God are not come upon us yet.
Wenlock. Be not proud, neither let your Spirits be lifted up; God doth but wait till the Measure of your Iniquity be filled up, and that you have seen your ungodly Race, then will the Wrath of God come upon you to the uttermost; And as for thy part, it hangs over thy Head, and is near to be poured down upon thee, and shall come as a Thief in the Night suddenly, when thou thinkest not of it. By what Law will ye put me to Death?
Court. We have a Law, and by our Law you are to die.
Wenlock. So said the Jews of Christ, We have a Law, and by our Law he ought to die. Who empowered you to make that Law?
Court. We have a Patent, and are Patentees; judge whether we have not Power to make Laws?
Wenlock. How! Have you Power to make Laws repugnant to the Laws of England?
Governour. Nay.
Wenlock. Then you are gone beyond your Bounds, and have forfeited your Patent, and this is more than you can answer. Are you Subjects to the King, yea, or nay?
Secretary Rawson. What will you infer from that? what Good will that do you?
Wenlock. If you are, say so; for in your Petition to the King, you desire that he will protect you, and that you may be worthy to kneel among his loyal Subjects.
Court. Yes.
Wenlock. So am I, and for any thing I know, am as good as you, if not better; for if the King did but know your Hearts, as God knows them, he would see, that your Hearts are as rotten towards him, as they are towards God. Therefore seeing that you and I are Subjects to the King, I demand to be tried by the Laws of my own Nation.
Court. You shall be tried by a Bench and a Jury.
Wenlock. That is not the Law, but the Manner of it; for if you will be as good as your word, you must set me at Liberty, for I never heard or read of any Law that was in England to hang Quakers.
Governour. There is a Law to hang Jesuits.
Wenlock. If you put me to Death, it is not because I go under the name of a Jesuit, but a Quaker, therefore I do appeal to the Laws of my own Nation.
Court. You are in our Hand, and have broken our Laws, and we will try you.
Wenlock. Your Will is your Law, and what you have Power to do, that you will do: And seeing that the Jury must go forth on my Life, this I have to say to you in the Fear of the Living God: Jury, take heed what you do, for you swear by the Living God, That you will true Trial make, and just Verdict give, according to the Evidence. Jury, look for your Evidence: What have I done to deserve Death? Keep your Hands out of innocent Blood.
A Juryman. It is good Counsel.
The Jury went out, but having received their Lesson, soon returned, and brought in their Verdict Guilty.
Wenlock. I deny all Guilt, for my Conscience is clear in the Sight of God.
Governour. The Jury hath condemned thee.
Wenlock. The Lord doth justify me; who art thou that condemnest?
Then the Court proceeded to vote as to the Sentence of Death, to which several of them, viz. Richard Russel and others, would not consent, the Innocence and Stedfastness of the Man having prevailed upon them in his Favour. There happened also a Circumstance during this Trial, which could not but affect Men of any Tenderness or Consideration, which was, that a Letter was sent to the Court from Edward Wharton, signifying, That whereas they had banished him on pain of Death, yet he was at Home in his own House in Salem, and therefore proposing, That they would take off their wicked Sentence from him, that he might go about his Occasions out of their Jurisdiction. This Circumstance, however affecting to others, did only enrage Endicot the Governour, who was very much displeased, and in much Anger cried out, I could find in my Heart to go Home.
Wenlock. It were better for thee to be at Home than here, for thou art about a bloody piece of Work.
Governour. You that will not consent, record it. I thank God, I am not afraid to give Judgment. Wenlock Christison, hearken to your Sentence: You must return unto the Place from whence you came, and from thence to the Place of Execution, and there you must be hanged until you be dead, dead, dead, upon the 13th Day of June, being the Fifth-day of the Week.
Wenlock. The Will of the Lord be done: In whose Will I came amongst you, and in his Counsel I stand, feeling his Eternal Power, that will uphold me unto the last Gasp, I do not question it. Known be it unto you all, That if you have Power to take my Life from me, my Soul shall enter into Everlasting Rest and Peace with God, where you yourselves shall never come: And if you have Power to take my Life from me, the which I do question, I believe you shall never more take Quakers Lives from them: Note my Words. Do not think to weary out the Living God by taking away the Lives of his Servants: What do you gain by it? For the last Man you put to Death, here are five come in his Room. And if you have Power to take my Life from me, God can raise up the same Principle of Life in ten of his Servants, and send them among you in my Room, that you may have Torment upon Torment, which is your Portion: For there is no Peace to the Wicked, saith my God.
Governour. Take him away. ...
FOOTNOTES:
XV. RHODE ISLAND TO 1660
89. A Compact in Civil Things Only, 1336(?)
Early Records of the Town of Providence (1892), 1.
These Records were printed from the original manuscript records. In 1800, a manuscript "transcript" had been made of those records (without attempt to preserve the original spelling, and with various errors); and this transcript was followed in the first printed copy of this compact in the Rhode Island Colony Records (1878), I, 14.
The following entry was not dated. Apparently it was a paper presented by Williams and the first settlers to a second body of comers, probably in 1636.
We whose names are hereunder, desirous to inhabitt in the towne of providence, do promise to subject ourselves in active and passive obedience to all such orders or agreements as shall be made for publick good of our body, in an orderly way, by the major consent of the present Inhabitants, maisters of families, Incorporated together into a towne fellowship, and others whome they shall admitt unto them,
only in civill things.
Richard Scott
mark
William X Reynolds
Abad browne
John Warner [a character, probably a "mark," follows.]
Edwarde Cope
George Rickard
Thomas Angell X mark
Thomas Harris
ffrancis weekes X mark
Benedict Arnold
Josua winsor
William Wickenden
mark
John X ffeild
[In many ways this "compact" recalls the Mayflower Compact (No. 46); but the notable thing here is that obedience is promised in civil things only. "Civil" is used in contradistinction with "ecclesiastical." Obedience is promised in matters that pertain to the state, not in those pertaining to the church. This was the primary force of the word "civil." Observe it in the same sense in the documents that follow.]
90. Religious Freedom Consonant with Civil Order
Arnold's History of Rhode Island, I, 254, 255.
The town of Providence had been disturbed by tumults, and some of the inhabitants reasoned loosely that their platform of freedom of conscience forbade them to punish the transgressors. Williams then wrote the following letter to the town, defining in a masterly way the limits of civil and religious freedom. This is a good point at which to review No. 84, with the Introduction thereto.
There goes many a ship to sea, with many hundred souls in one ship, whose weal and woe is common; and [this] is a true picture of a commonwealth. ... It hath fallen out sometimes that both Papists and Protestants, Jews and Turks, may be embarked in one ship; upon which supposal I affirm that all the liberty of conscience, that ever I pleaded for, turns upon these two hinges: that none of the Papists, Protestants, Jews, or Turks, be forced to come to the ship's prayers or worship, nor compelled from their own particular prayers or worship, if they practice any. I further add that I never denied that, notwithstanding this liberty, the commander of the ship ought to command the ship's course, yea, and also command that justice, peace, and sobriety be kept and practised, both among the seamen and all the passengers. If any of the seamen refuse to perform their service, or passengers to pay their freight; if any refuse to help, in person or purse, toward the common charges or defence; if any refuse to obey the common laws and orders of the ship, concerning their common peace or preservation; if any shall mutiny and rise up against their ... officers; if any should preach or write that there ought to be no commanders or officers because all are equal in Christ ... I say I never denied but in such cases, whatever is pretended, the commander or commanders may judge, resist, compel, and punish such trangressors, according to their ... merits.[87]
91. Patent of Providence Plantations, March 14/24, 1643/1644
Rhode Island Colonial Records, I, 123-146.
The Long Parliament, at the opening of its war against Charles I, created a council for colonial affairs. That body, upon petition from Williams and his friends, issued the following grant. Section I (about a page of this type) recites these facts. Practically all the rest of the document is given here. The important consideration is the repetition of the word "civil." (See note on page 267, above.)
And whereas divers well affected and industrious English Inhabitants, of the Towns of Providence, Portsmouth, and Newport in the tract aforesaid, have adventured to make a nearer neighborhood and Society with the great Body of the Narragansets, which may in Time by the blessing of God upon their Endeavours, lay a sure Foundation of Happiness to all America. And have also purchased, and are purchasing of and amongst the said Natives, some other Places, which may be convenient both for Plantations, and also for building of Ships, Supply of Pipe Staves and other Merchandize. And whereas the said English, have represented their Desire to the said Earl, and Commissioners, to have their hopeful Beginnings approved and confirmed, by granting unto them a Free Charter of Civil Incorporation and Government; that they may order and govern their Plantation in such a Manner as to maintain Justice and peace, both among themselves, and towards all Men with whom they shall have to do. In due Consideration of the said Premises, the said Robert Earl of Warwick, Governor in Chief, and Lord High Admiral of the said Plantations, and the greater Number of the said Commissioners, whose Names and Seals are here underwritten and subjoined, out of a Desire to encourage the good Beginnings of the said Planters, Do, by the Authority of the aforesaid Ordinance of the Lords and Commons, give, grant, and confirm, to the aforesaid Inhabitants of the Towns of Providence, Portsmouth, and Newport, a free and absolute Charter of Incorporation, to be known by the Name of the Incorporation of Providence Plantations, in the Narraganset-Bay, in New England.—Together with full Power and Authority to rule themselves, and such others as shall hereafter inhabit within any Part of the said Tract of land, by such a Form of Civil Government, as by voluntary consent of all, or the greater Part of them, they shall find most suitable to their Estate and Condition; and, for that End, to make and ordain such Civil Laws and Constitutions, and to inflict such punishments upon Transgressors, and for Execution thereof, so to place, and displace Officers of Justice, as they, or the greatest Part of them, shall by free Consent agree unto. Provided nevertheless, that the said Laws, Constitutions, and Punishments, for the Civil Government of the said Plantations, be conformable to the Laws of England, so far as the Nature and Constitution of the place will admit. And always reserving to the said Earl, and Commissioners, and their Successors, Power and Authority for to dispose the general Government of that, as it stands in Relation to the rest of the Plantations in America as they shall conceive from Time to Time, most conducing to the general Good of the said Plantations, the Honour of his Majesty, and the Service of the State....
92. Rhode Island and the Quakers, 1657
Hutchinson's Massachusetts Bay (1765), App. XI.
Massachusetts had complained and threatened because Quakers, received in Rhode Island, swarmed thence into her territory.
The Government of Rhode Island to the Government of Massachusetts.
Much honoured Gentlemen,
Please you to understand, that there hath come to our view a letter subscribed by the honour'd gentlemen commissioners of the united coloneys, the contents whereof are a request concerning certayne people caled quakers, come among us lately, etc.
Our desires are, in all things possible, to pursue after and keepe fayre and loving correspondence and entercourse with all the colloneys, and with all our countreymen in New-England; and to that purpose we have endeavoured (and shall still endeavour) to answere the desires and requests from all parts of the countrey, coming unto us, in all just and equall returnes, to which end the coloney have made seasonable provision to preserve a just and equal entercourse between the coloneys and us, by giving justice to any that demand it among us and by returning such as make escapes from you, or from the other coloneys, being such as fly from the hands of justice, for matters of crime done or committed amongst you, etc. And as concerning these quakers (so caled) which are now among us, we have no law among us whereby to punish any for only declaring by words, etc. their mindes and understandings concerning the things and ways of God, as to salvation and an eternal condition. And we, moreover, finde that in those places where these people aforesaid, in this coloney, are most of all suffered to declare themselves freely, and are only oposed by arguments in discourse, there they least of all desire to come, and we are informed that they begin to loath this place, for that they are not opposed by the civill authority, but with all patience and meeknes are suffered to say over their pretended revelations and admonitions, nor are they like or able to gain many here to their way; and surely we find that they delight to be persecuted by civill powers, and when they are soe, they are like to gain more adherents by the conseyte of their patient sufferings, than by consent to their pernicious sayings. And yet we conceive, that their doctrines trend to very absolute cutting downe and overturning relations and civill government among men, if generally received. But as to the dammage that may in likelyhood accrue to the neighbour colloneys by their being here entertained, we conceive it will not prove so dangerous (as else it might) in regard of the course taken by you to send them away out of the countrey, as they come among you. But, however, at present, we judge it requisitt (and doe intend) to commend the consideration of their extravagent outgoings unto the generall assembly of our coloney in March next, where we hope there will be such order taken, as may, in all honest and contientious manner, prevent the bad effects of their doctrines and endeavours; and soe, in all courtious and loving respects, and with desire of all honest and fayre commerce with you, and the rest of our honoured and beloved countreymen, we rest
Yours in all loving respects to serve you,
From Providence, at the court of trials, held for the coloney, Oct. 13th, 1657.,
Benedict Arnold, Pres. William Baulton, Randall Howldon, Arthur Fenner, William Feild,
To the much honoured, the Generall Court, sitting at Boston, the Colloney of Massachusitts.
FOOTNOTES:
XVI. CONNECTICUT BEFORE 1660
93. The Fundamental Orders of 1639
January 14/24, 1638/9
Connecticut Colonial Records, I, 20-25.
Cf. American History and Government, §§ 87-89, for the history and significance of this "first written constitution known to history that created a government." The document is printed here in full.
Forasmuch as it hath pleased the Allmighty God by the wise disposition of his divyne providence so to Order and dispose of things that we the Inhabitants and Residents of Windsor, Harteford and Wethersfield are now cohabiting and dwelling in and uppon the River of Conectecotte and the Lands thereunto adjoyneing; And well knowing where a people are gathered togather the word of God requires that to mayntayne the peace and union of such a people there should be an orderly and decent Goverment 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 conjoyne our selves to be as one Publike State or Commonwelth; and doe, for our selves and our Successors and such as shall be adjoyned to us att any tyme hereafter, enter into Combination and Confederation togather, to mayntayne and presearve the liberty and purity of the gospell of our Lord Jesus which we now professe, as also the disciplyne of the Churches, which according to the truth of the said gospell is now practised amongst us; As also in our Civell Affaires to be guided and governed according to such Lawes, Rules, Orders and decrees as shall be made, ordered and decreed, as followeth:—
1. It is Ordered, sentenced and decreed, that there shall be yerely two generall Assemblies or Courts, the on [one] the second thursday in Aprill, the other the second thursday in September, following; the first shall be called the Courte of Election, wherein shall be yerely Chosen from tyme to tyme soe many Magestrats and other publike Officers as shall be found requisitte: Whereof one to be chosen Governour for the yeare ensueing and untill another be chosen, and noe other Magestrate to be chosen for more than one yeare; provided allwayes there be sixe chosen besids the Governour; which being chosen and sworne according to an Oath recorded for that purpose shall have power to administer justice according to the Lawes here established, and for want thereof according to the rule of the word of God; which choise shall be made by all that are admitted freemen and have taken the Oath of Fidellity, and doe cohabitte within this Jurisdiction, (having beene admitted Inhabitants by the major part of the Towne wherein they live,) or the major parte of such as shall be then present.
2. It is Ordered, sentensed and decreed, that the Election of the aforesaid Magestrats shall be on this manner: every person present and quallified for choyse shall bring in (to the persons deputed to receave them) one single paper with the name of him written in yt whom he desires to have Governour, and he that hath the greatest number of papers shall be Governor for that yeare. And the rest of the Magestrats or publike Officers to be chosen in this manner: The Secretary for the tyme being shall first read the names of all that are to be put to choise and then shall severally nominate them distinctly, and every one that would have the person nominated to be chosen shall bring in one single paper written uppon, and he that would not have him chosen shall bring in a blanke: and every one that hath more written papers then blanks shall be a Magistrat for that yeare; which papers shall be receaved and told by one or more that shall be then chosen by the court and sworne to be faythfull therein; but in case there should not be sixe chosen as aforesaid, besids the Governor, out of those which are nominated, then he or they which have the most written papers shall be a Magestrate or Magestrats for the ensueing yeare, to make up the foresaid number.
3. It is Ordered, sentenced and decreed, that the Secretary shall not nominate any person, nor shall any person be chosen newly into the Magestracy which was not propownded in some Generall Courte before, to be nominated the next Election; and to that end yt shall be lawfull for ech of the Townes aforesaid by their deputyes to nominate any two whom they conceave fitte to be put to Election; and the Courte may ad so many more as they judge requisitt.
4. It is Ordered, sentenced and decreed that noe person be chosen Governor above once in two yeares, and that the Governor be alwayes a member of some approved congregation, and formerly of the Magestracy within this Jurisdiction; and all the Magestrats Freemen of this Commonwelth: and that no Magestrate or other publike officer shall execute any parte of his or their Office before they are severally sworne, which shall be done in the face of the Courte if they be present, and in case of absence by some deputed for that purpose.
5. It is Ordered, sentenced and decreed, that to the aforesaid Courte of Election the severall Townes shall send their deputyes, and when the Elections are ended they may proceed in any publike searvice as at other Courts. Also the Generall Courte in September shall be for makeing of lawes, and any other publike occation, which conserns the good of the Commonwelth.
6. It is Ordered, sentenced and decreed, that the Governor shall, ether by himselfe or by the secretary, send out summons to the Constables of every Towne for the cauleing of these two standing Courts, on [one] month at lest before their severall tymes: And also if the Governor and the gretest parte of the Magestrats see cause uppon any spetiall occation to call a generall Courte, they may give order to the secretary soe to doe within fowerteene dayes warneing; and if urgent necessity so require, uppon a shorter notice, giveing sufficient grownds for yt to the deputyes when they meete, or els be questioned for the same; And if the Governor and [major] parte of Magestrats shall ether neglect or refuse to call the two Generall standing Courts or ether of them, as also at other tymes when the occations of the Commonwelth require, the Freemen thereof, or the Major parte of them, shall petition to them soe to doe: if then yt be ether denyed or neglected the said Freemen or the Major parte of them shall have power to give order to the Constables of the severall Townes to doe the same, and so may meete togather, and chuse to themselves a Moderator, and may proceed to do any Acte of power, which any other Generall Courte may.
7. It is Ordered, sentenced and decreed that after there are warrants given out for any of the said Generall Courts, the Constable or Constables of ech Towne shall forthwith give notice distinctly to the inhabitants of the same, in some Publike Assembly or by goeing or sending from howse to howse, that at a place and tyme by him or them lymited and sett, they meet and assemble them selves togather to elect and chuse certen deputyes to be at the General Courte then following to agitate the afayres of the commonwelth; which said Deputyes shall be chosen by all that are admitted Inhabitants in the severall Townes and have taken the oath of fidellity; provided that non be chosen a Deputy for any Generall Courte which is not a Freeman of this Commonwelth.
The foresaid deputyes shall be chosen in manner following: every person that is present and quallified as before expressed, shall bring the names of such, written in severall papers as they desire to have chosen for that Imployment, and these 3 or 4, more or lesse, being the number agreed on to be chosen for that tyme, that have greatest number of papers written for them shall be deputyes for that Courte; whose names shall be endorsed on the backe side of the warrant and returned into the Courte, with the Constable or Constables hand unto the same.
8. It is Ordered, sentenced and decreed, that Wyndsor, Hartford and Wethersfield shall have power, ech Towne, to send fower of their freemen as their deputyes to every Generall Courte; and whatsoever other Townes shall be hereafter added to this Jurisdiction, they shall send so many deputyes as the Courte shall judge meete, a resonable proportion to the number of Freemen that are in the said Townes being to be attended therein; which deputyes shall have the power of the whole Towne to give their voats and alowance to all such lawes and orders as may be for the publike good, and unto which the said Townes are to be bownd.
9. It is ordered and decreed, that the deputyes thus chosen shall have power and liberty to appoynt a tyme and a place of meeting togather before any Generall Courte to advise and consult of all such things as may concerne the good of the publike, as also to examine their owne Elections, whether according to the order, and if they or the gretest parte of them find any election to be illegall they may seclud such for [the] present from their meeting, and returne the same and their resons to the Courte; and if yt prove true, the Courte may fyne the party or partyes so intruding and the Towne, if they see cause, and give out a warrant to goe to a newe election in a legall way, either in parte or in whole. Also the said deputyes shall have power to fyne any that shall be disorderly at their meetings, or for not comming in due tyme or place according to appoyntment; and they may returne the said fynes into the Courte if yt be refused to be paid, and the Tresurer to take notice of yt, and to estreete or levy the same as he doth other fynes.
10. It is Ordered, sentenced and decreed, that every Generall Courte, except such as through neglecte of the Governor and the greatest parte of Magestrats the Freemen themselves doe call, shall consist of the Governor, or some one chosen to moderate the Court, and 4 other Magestrats at lest, with the major parte of the deputyes of the severall Townes legally chosen; and in case the Freemen or major parte of them, through neglect or refusall of the Governor and major parte of the magestrats, shall call a Courte, it shall consist of the major parte of Freemen that are present or their deputyes, with a Moderator chosen by them: In which said Generall Courts shall consist the supreme power of the Commonwelth, and they only shall have power to make lawes or repeale them, to graunt levyes, to admitt of Freemen, dispose of lands undisposed of, to severall Townes or persons, and also shall have power to call ether Courte or Magestrate or any other person whatsoever into question for any misdemeanour, and may for just causes displace or deale otherwise according to the nature of the offence; and also may deale in any other matter that concerns the good of this commonwelth, excepte election of Magestrats, which shall be done by the whole boddy of Freemen.
In which Courte the Governour or Moderator shall have power to order the Courte, to give liberty of spech, and silence unceasonable and disorderly speakeings, to put all things to voate, and in case the vote be equall to have the casting voice. But non of these Courts shall be adjorned or dissolved without the consent of the major parte of the Court.
11. It is ordered, sentenced and decreed, that when any Generall Courte uppon the occations of the Commonwelth have agreed uppon any summe or sommes of mony to be levyed uppon the severall Townes within this Jurisdiction, that a Committee be chosen to sett out and appoynt what shall be the proportion of every Towne to pay of the said levy, provided the Committees be made up of an equall number out of each Towne.
[Hints for Study.—1.—This was a great democratic constitution,—the first that ever "created a state." As a whole, it is an innovation; but very few passages in it, taken by themselves, are new. The great bulk of the Orders came from Massachusetts' practice of the preceding five years (1634-1638), and most of it came, indeed, from express statutes of the older colony. Its peculiar democracy consisted in (1) selecting all the democratic features of the Massachusetts government (leaving out all the more aristocratic features), and (2) in adding a very few other democratic features, some of which these men had striven for in vain in Massachusetts.
a. For instances of selection:
(Article 1.) Massachusetts, during most of her history, had had "two General Courts," the Spring Court being a "Courte of Election," in which all magistrates were chosen for one year only.
(Articles 1, 2, 7, 9.) All the details of the elections of governor, magistrates, and town deputies, come from Massachusetts' practice in the years 1635-1638, as did also the provision for preliminary caucusing by the deputies with control over their separate meetings.
Articles 5 and 10 may be compared with the democratic legislation of Massachusetts in 1634 (No. 67 b (2), above).
Many minor resemblances will occur to the advanced student familiar with Massachusetts history.
b. Provisions which the democrats had wanted, but failed to secure, in Massachusetts: ineligibility of the governor for immediate reëlection (Article 4), and the method of nomination (Article 3; adopted also in Massachusetts two years later).
c. Democratic innovations: (1) making the sessions of the legislature independent of the will of the executive (Articles 6 and 10). Massachusetts had made the General Court master of its own adjournment but not of its meetings. Both the provisions were adopted by the Long Parliament in England two years later. (2) Leaving the franchise to be determined practically by the towns.
2.—Connecticut did not reject theocracy. Cf. the preamble and the eligibility provision for the governorship. In practice, too, the colony maintained a close union of Church and State. The restriction of the franchise to church members was rejected, not because it was theocratic, but because it was undemocratic.]
XVII. THE NEW ENGLAND CONFEDERATION
94. The Constitution
The text is printed in the New Haven Colonial Records and in the Plymouth Colony Records (IX). For the history of the formation of the Confederation, see American History and Government, §§ 90, 91.
ARTICLES
OF
Confederation betwixt the Plantations under the Government of the Massachusetts, the Plantations under the Government of Plimouth, the Plantations under the Government of Connectecut, and the Government of New Haven, with the Plantations in Combination therewith.
Whereas we all came into these parts of America, with one and the same end and ayme, namely, to advance the Kingdome of our Lord Jesus Christ, and to enjoy the liberties of the Gospel, in purity with peace; and whereas in our settling (by a wise providence of God) we are further dispersed upon the Sea-Coast, and Rivers, then was at first intended, so that we cannot (according to our desire) with convenience communicate in one Government, and Jurisdiction; and whereas we live encompassed with people of severall Nations, and strange languages, which hereafter may prove injurious to us, and our posterity: And forasmuch as the Natives have formerly committed sundry insolencies and outrages upon severall Plantations of the English, and have of late combined against us. And seeing by reason of the sad distractions in England, which they have heard of, and by which they know we are hindred both from that humble way of seeking advice, and reaping those comfortable fruits of protection which, at other times, we might well expect; we therefore doe conceive it our bounden duty, without delay, to enter into a present Consotiation amongst our selves, for mutuall help and strength in all our future concernments, that, as in Nation, and Religion, so, in other respects, we be, and continue, One, according to the tenour and true meaning of the ensuing Articles.
I. Wherefore it is fully Agreed and Concluded by and between the parties, or Jurisdictions above named, and they doe joyntly and severally by these presents agree and conclude, That they all be, and henceforth be called by the name of, The United Colonies of New-England.
II. The said United Colonies for themselves, and their posterties doe joyntly and severally hereby enter into a firm and perpetuall league of friendship and amity, for offence and defence, mutuall advice and succour, upon all just occasions, both for preserving and propagating the truth, and liberties of the Gospel, and for their own mutuall safety, and wellfare.
III. It is further agreed, That the Plantations which at present are, or hereafter shall be settled within the limits of the Massachusets, shall be forever under the Government of the Massachusets. And shall have peculiar Jurisdiction amongst themselves, as an intire body; and that Plimouth, Connecticut, and New-Haven, shall each of them, in all respects, have the like peculiar Jurisdiction, and Government within their limits....
IV. It is also by these Confederates agreed, That the charge of all just Wars, whether offensive, or defensive, upon what part or Member of this Confederation soever they fall, shall both in men, provisions, and all other disbursements, be born by all the parts of this Confederation, in different proportions, according to their different abilities, in manner following, namely, That the Commissioners for each Jurisdiction, from time to time, as there shall be occasion, bring a true account and number of all the Males in each Plantation, or any way belonging to, or under their severall Jurisdictions, of what quality, or condition soever they be, from sixteen years old, to threescore, being inhabitants there. And that according to the different numbers, which from time to time shall be found in each Jurisdiction, upon a true, and just account, the service of men, and all charges of the war, be born by the poll: Each Jurisdiction, or Plantation, being left to their own just course, and custome, of rating themselves, and people, according to their different estates, with due respect to their qualities and exemptions among themselves, though the Confederation take no notice of any such priviledge. And that, according to the different charge of each Jurisdiction, and Plantation, the whole advantage of the War (if it please God so to blesse their endeavours) whether it be in Lands, Goods, or persons, shall be proportionably divided among the said Confederates.
V. It is further agreed, That if any of these Jurisdictions, or any Plantation under, or in Combination with them, be invaded by any enemy whomsoever, upon notice, and request of any three Magistrates of that Jurisdiction so invaded, The rest of the Confederates, without any further meeting or expostulation, shall forthwith send ayde to the Confederate in danger, but in different proportion, namely the Massachusets one hundred men sufficiently armed, and provided for such a service, and journey. And each of the rest five and forty men, so armed and provided, or any lesse number, if lesse be required, according to this proportion. ... But none of the Jurisdictions to exceed these numbers, till by a meeting of the Commissioners ... a greater ayde appear necessary....
VI. It is also agreed, That for the managing and concluding of all affaires proper to, and concerning the whole Confederation, two Commissioners shall be chosen by, and out of the foure Jurisdictions, namely two for the Massachusets, two for Plimouth, two for Connecticut, and two for New-haven, being all in Church-fellowship with us, which shall bring full power from their severall generall Courts respectively, to hear, examine, weigh, and determine all affaires of war, or peace, leagues, aydes, charges, and numbers of men for war, division of spoyles, or whatsoever is gotten by conquest, receiving of more confederates, or Plantations into Combination with any of these Confederates, and all things of like nature, which are the proper concomitants, or consequences of such a Confederation, for amity, offence, and defence, not intermedling with the Government or any of the Jurisdictions, which by the third Article, is preserved entirely to themselves. But if these eight Commissioners when they meet, shall not all agree, yet it is concluded, That any six of the eight agreeing, shall have power to settle and determine the businesse in question. But if six doe not agree, that then such Propositions, with their Reasons, so far as they have been debated, be sent, and referred to the foure Generall Courts, viz. The Massachusetts, Plymouth, Connectecut, and New-haven. ... It is further agreed, That these eight Commissioners shall meet once every year, besides extraordinary meetings, according to the fifth Article to consider, treat, and conclude of all affaires belonging to this Confederation, which meeting shall ever be the first Thursday in September. [Provision for meeting at the several capital cities in rotation.]
VII. It is further agreed, That at each meeting of these eight Commissioners, whether ordinary or extraordinary; they all, or any six of them agreeing as before, may choose their President out of themselves ... [to secure] a comely carrying on of all proceedings in the present meeting. But he shall be invested with no such power or respect, as by which, he shall hinder the propounding or progresse of any businesse, or any way cast the scales, otherwise then in the precedent Article is agreed.
VIII. It is also agreed, That the Commissioners for this Confederation hereafter at their meetings, whether ordinary or extraordinary, as they may have Commission or opportunity, doe endeavour to frame and establish Agreements and Orders in generall cases of a civil nature, wherein all the Plantations are interested, for preserving peace amongst themselves, and preventing (as much as may be) all occasions of war, or differences with others, as about the free and speedy passage of Justice in each Jurisdiction, to all the Confederates equally, as to their own, receiving those that remove from one Plantation to another, without due Certificates, how all the Jurisdictions may carry it towards the Indians, that they neither grow insolent, nor be injured without due satisfaction, least War break in upon the Confederates, through such miscarriages. It is also agreed, That if any Servant run away from his Master, into any other of these Confederated Jurisdictions, That in such case, upon the Certificate of one Magistrate in the Jurisdiction, out of which the said Servant fled, or upon other due proof, the said Servant shall be delivered either to his Master, or any other that pursues, and brings such Certificate, or proof. And that upon the escape of any Prisoner whatsoever, or fugitive, for any Criminall Cause, whether breaking Prison, or getting from the Officer, or otherwise escaping, upon the Certificate of two Magistrates of the Jurisdiction out of which the escape is made, that he was a prisoner or such an offendor, at the time of the escape, the Magistrates of that Jurisdiction where for the present the said prisoner or fugitive abideth, shall forthwith grant such a Warrant as the case will bear, for the apprehending of any such person, and the delivery of him into the hand of the person who pursueth him....
[IX. No one of the confederates to engage in any (offensive) war, without the vote of the commissioners, "as in the sixth Article is provided."]
XI. It is further agreed, That if any of the Confederates shall hereafter break any of these presents Articles, or be any other way injurious to any one of the other Jurisdictions, such breach of Agreement, or injury, shalbe duly considered and ordered by the Commissioners for the other Jurisdictions, that both peace, and this present Confederation, may be intirely preserved without violation.
Lastly, this perpetuall Confederation, and the severall Articles and Agreements thereof, being read and seriously considered, [statement of subscription by authority of the respective confederate governments.]
95. Massachusetts Demands More Weight
Plymouth Colony Records, I, 16-17, 118-120, 126-128.
(1) At a meetinge of the Commissioners for the united Colonies in New England at Hartford the fift of September 1644
... The Commissioners for the Massachusetts mooved that a due order might be attended in the subscriptions of the Acts and determinacions of this and any future meetings of the Commissioners for the united Colonies, and expressed not onely their owne apprehensions but the judgment of their generall Court, That by the Articles of Confederacion the first place did of Right belong to the Massachusetts, as being first named and so the other Colonies in like order. Which being taken into consideracion, and the Articles of Confederacion read, It appeared evidently to the Comissioners that no such priviledge had beene ever ... graunted ... by the Comissioners for the Jurisdicions in either of their former meetings, and yet the first subscription was made in the presence of the generall Court of the Massachusetts. And to prevent future inconvenience upon this occation, they thought fitt to declare that this Commission is free and may not receive any thing (not expresly agreed in the Articles) as imposed by any generall Court; yet out of their respects to the Government of the Massachusetts they did willingly graunt that their Comissioners [those of Massachusetts] should first subscribe after the President in this and all future meetings, and the Comissioners for the other Colonies in such order as they are named in the Articles; viz., Plymouth, Conectacutt, and New Haven.
(2) At a Meting of the Commissioners of the United colonyes of New England: held at New Plymouth the 7th, 7th, 1648
... the Comissioners for the Matathusetts presented to the Comissioners of the other Colonyes a writeing from a Comitee of theire Generall Courte desiering that a dew Consideracion may bee had thereof, in answer to the Severall pticulers. The wrighting is as Followeth....
"Wheareas in Cace sixe of the Comissioners shall not agree the Cause is to be refered to the fouer Generall Courtes, and by theire Joynte agrements to be determined, etc.,—to be considered if it were not more expedient to bee determined upon the agrement of any three of them....
"Wheareas by the .6. Article each of the Colonyes is to have two Comissioners, and the Colony of the Matathusetts beares almost five for one in the proportion of Charge with any one of the rest, they desier to have one Comissioner more; or otherwise they shall be content that any other of the Colonyes shall have the same priviledg to have three Comissioners to the other twoe, if such Colonyes will beare the Licke proporcion of Chardg with the Matathusetts. ..."
The Comissioners having perused and with dew Respect Considered the former proposicions....
In caces proper to the Comissioners wheareas by the sixth article, if sixe Agree not, the proposicions with the Reasons are to be Refered to the Fower Generall Courts: the Comissioners aproveing the Mocion made by the Comity of the Masachusets doe recomend it to the Fower Generall Courts that, if any ... three of the saide Courts agree ... of any such proposicion, it shall passe and bee accoumpted as the Conclusion of the united Colonyes, as it should have passed as ane act of the Comissioners if sixe of them had consented: For the 5th, sixth and seventh proposicions presented from the Comissioners of the Masachusetts, Importeing a reall Chang in the tearmes and Covenants of Confideration,—as noe alteracion Can bee made without the Consent of all and each of the Generall Courts, soe the Comissioners Feare that any of the Alteracions mencioned would prove dangerous and Inconvenient to all or som of the Colonyes. The tacken [taking] of the Number of malles they hope need not bee frequent; Nor, as it hath been Caryed by the Comissioners, inconvenient. In point of the seventh proposicion they Conscaive there is a mistack: the Lardge trade of the Masachusets, besides theire Numbers, afford many advantages in Reference to estates which the other Colonyes wante; but (it is from the Free grace of god that all and each have what they have) they diser [them] to bee thainkefull.
96. Nullification by Massachusetts
Plymouth Colony Records, X, 74-76. Cf. American History and Government, § 93. The following extracts from a declaration of the Massachusetts General Court put an end to the attempt of the other three colonies in the New England Confederation to force Massachusetts to join in a war against New Netherlands.
The question propounded by the General Court of the Massachusetts [June 2/12, 1653].
... Whether the Comissioners of the united Collonies have power by articles of agreement to determine the Justice of an offencive or vindictive warr and to engage the Collonies therin;
The Answare of the Committies to the question,—first more particularly from the Articles:
The whole power of Government and Jurisdiction is in the 3d and sixt Articles refered to every Collonie whoe sawe not meet to divest themselves of theire authoritie to Invest the Comissioners with any part therof being altogether unsafe and unnessesary to attaine the end of the Confeaderation;
The 9. and 10th Articles constituteth the Comissioners Judges of the Justice of a defencive warr
The 4th and 5th settle Rules for Leagues, Aides, and number in a defencive warr, and devisions of spoiles; but noe where provide for the determination of the Justice of an offencive warr, which therfore is refered wholy to the Determination of the Supreame Power of the severall Confeaderate Jurisdictions, whoe would have otherwise provided in the case.
The sixt Article, which att first view seemes to Inable the Comissioners, will evidently evince the Contrary. For, the Confederation being betwixt the Collonies, the 4th, and fift, 9, and 10th Articles provid Rules in severall Cases according to which the Confeaderates have bound themselves to Acte; And the sixt Article onely orders and appoints whoe and in what mannor the said Rules and agreements should bee executed viz. by Comissioners Improved to acte in cases specif[y]ed and regulated,—for theire number, mannor of proceeding, times and places of meeting, in the sixt and seaventh Articles; And that by nessesitie; because the supreame power of the severall Jurisdictions Could not assemble, they were enforced to Substitute deligates to order such things as were of present and urgent Nessesitie, or meerly prudenciall or polliticall or of Inferior nature, and that according to themselves [the Rules] prescribed by the Confeaderates. But such things [as] require the Choise Actes of Authoritie; or [are] in theire nature of Morrall Consideration and may admite of more time of Deliberation (as an offencive warr), The Wisdome of the Countrivers of the Confederacy did not Judg meete to Refere to Comissioners, and therfore [they] have not provided any Rules in such cases in these Consernments as they did in all cases of an Inferior nature;
More Generally:[88] The Comissioners of the united Collonies are not, soe fare as wee can deserne, Invested with power to Conclude an offencive warr to engage the Collonies to which they belonge to put the same in execution further then they are enabled by Comission or Instructions under the seale of theire Collonie; much lesse can it stand with the Jurisdiction and Right of Government reserved to ever[y] Collonie for six Comissioners of the other Collonies to put forth any Acte of power in a vindictive warr wherby they shall comaund the Collonie decenting to assist them in the same; neither can it bee the meaning of the severall Collonies whoe are soe tender of theire power in Governing theire owne that they should put theire power out of theire owne hands in the most waighty points (A bondage hardly to bee borne by the most Subjective people), And cannot bee conceived soe free a people as the united Collonies should submite unto;
It can bee noe lesse then a contradiction to affeirme the Supreame power (which wee take to bee the Generall Courts of every Jurisdiction) can bee comaunded by others: an absurditie in pollicye, that an Intire Government and Jurisdiction should prostitute itselfe to the Comaund of Strangers; a Scandall in Religion, that a generall court of Christians should bee oblidged to acte and engage upon the faith of six Delligates against theire Consience;—all which must bee admited in case wee acknowlidg ourselves bound to undertake an offencive warr upon the bare determination of the Comissioners, whoe can not nor ever did challenge Authoritie over us, or expecte Subjection from us....
[Observe that the Massachusetts government did flatly nullify a decree of the federal congress of the United Colonies. However, it tried to justify itself, not by an avowal of its power, but by a constitutional argument. Massachusetts claimed first that the sixth article (which made the vote of six commissioners binding upon the whole confederation) could apply only to such matters as have been plainly referred to the Commissioners by other parts of the Constitution; and second, that the authority claimed by the federal Congress was inconsistent with the fundamental idea of a confederation, even as it had been understood by the other confederates.
John Fiske says that this argument begins "the development of constitutional law, in the American sense,"—as an attempt to interpret a written constitution. The whole debate makes an interesting prelude to the later arguments of the nullifiers and secessionists in the nineteenth century.]