Note (in a note) — Chapter V

[134] The Commissioners specify upwards of twenty anomalies in the book entitled the "Book of the General Laws and Liberties concerning the Inhabitants of Massachusetts," which should be altered to correspond with the Charter, and the relations of the colony to England. A few specimens may be given: That the writs and forms of justice be issued and performed in his Majesty's name; that his Majesty's arms be set up in the courts of justice within the colony, and that the masters of vessels and captains of foot companies do carry the colours of England, by which they may be known to be British subjects; that in the 12th capital law, if any conspire against our Commonwealth, Commonwealth may be expunged, and "against the peace of his Majesty's colony" be inserted instead of the other; that at p. 33, "none be admitted freemen but members of some of the Churches within the limits of their jurisdiction," be made to comprehend "other than members of the Congregational Churches;" that on the same page, the penalty for keeping Christmas so directly against the law of England, be repealed; that page 40, the law for settling the Indians' title to land, be explained, for it seems as if they were dispossessed of their land by Scripture, which is both against the honour of God and the justice of the King. In 115th Psalm, 16, "Children of men" comprehend Indians as well as English; and no doubt the country is theirs till they give it up or sell it, though it be not improved.