REFERENCE USE IN LIBRARY ONLY

V

THE

BLUE LAWS

OF

NEW HAVEN COLONY,

USUALLY CALLED

BLUE LAWS OF CONNECTICUT ;

QUAKER LAWS

OF

PLYMOUTH AND MASSACHUSETTS; BLUE LAWS

OF

NF'V YORK, MARYLAND, VIRGINIA, AND SOUTH CAROLINA.

.EST RECORD OF CONNECTICUT ;

INTERESTING EXTRACTS FROM CONNECTICUT RECORDS ; CASES OF SALEM WITCHCRAFT ; CHARGES AND BANISHMENT OF REV. ROGER WILLIAMS, &c. ; AND OTHER INTER- ESTING AND INSTRUCTIVE ANTIQUITIES.

COMPILED

By AN ANTIQUARIAN.

HARTFORD. PRINTED BY CASE, TIFFANY & CO.

PEARL STREET.

1838.

Entered according to Act of Congress, in the year 1838,

BY CASE, TIFFANY & CO.,

in the Clerk's Office of the District Court of Connecticut.

Manufactured by Case, Tiffany & Co., Tearl Street. Hartford.

PREFACE.

The first settlers of the New-Haven colony, and also of the colony of Connecticut, were emigrants from England. Soon after the arrival of the former, in 1638. finding themselves desti- tute of any laws as rules of action to govern their small but intrepid band, knowing that all civil societies required laws, both for the protection of their persons and estates, the colonists soon organized and constituted a General Court, in L639, ap- pointed such officers as were required, constituted courts, and enacted such laws as the exigences of the occasion demanded, in the infancy of the government. And as their numbers in- creased, and settlements extended, other laws were enacted to punish offenders, protect life, liberty, and property from injury, and were added from session to session of the General Court. As no printing establishment had yet been in operation in the colony, the laws were promulgated to the people by written copies of them delivered to the constables in the jurisdiction, whose duty it was to declare them to their subjects on lecture days, and at such other times as the citizens of the plantations should be assembled. This mode of enacting and declaring the laws, continued until their laws became numerous, and there- fore inconvenient and difficult, not only for the people, but the courts, to retain them in recollection. It was therefore ordered by the General Court of the Colony, in 1665, that some able, judicious and godly man should be appointed, to form a code of laws for the (New-Haven) colony. Governor Eaton was ap- pointed for this purpose, and desired by the General Court, for his own instruction, and to aid him in this arduous task, to exa- mine the laws of the colony of Massachusetts, and also the Dis- course on Civil Government in a New Plantation, by the Rev. Mr. Cotton. Governor Eatjn accepted the appointment, and

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IV PREFACE.

soon perfected a code of laws for the colony, (very many oi which were extracted from the Massachusetts code) which were presented to the elders of the jurisdiction, and by them examin ed and approved ; when the General Court ordered five hundred copies to be printed for the use of the New-Haven colonists Governor Hopkins being at this time in England, and being a gentleman of education, and sustaining an exalted reputation iri all the New England ~olonies, was selected to procure the print-1"'' ing to be executed iri England. The copy was therefore for-! warded to him for this' j irpose ; which he soon procured to be effected under his special direction and inspection, (at the Crown, in Pope's-head Alley, London, in 1656.) and returned them immediately to the colony.

It has been generally supposed that the laws enacted by the New-Haven colony previous to the code by Governor Eaton in 1655, formed the code of Blue Laws so highly celebrated in this country.— Peters says that many of what have been termedffc "Blue Laws," were not suffered to be recorded, but were to be made so familiar with the people, that recording them would be " unnecessary ; until the laws of that colony were systematized by Governor Eaton and printed in 1656, at which time many of the laws previous to 1656 were expunged, and new laws added. At this time New-Haven was a distinct colony from that of Con- necticut. The latter was composed of the towns of Hartford, Windsor and Wethersfield, and some wild and unsettled territory contiguous to them. The term " blue laws," attached to this early code of laws, is said to have originated from the fact thatf™ the first printed laws in the New Haven colony were enveloped in blue colored paper ; and from this circumstance I am inclined to believe that the term " Blue Laws of Connecticut^ is incor- rect, but should be the Blue Laws of New-Haven Colony ; for it appears that the first printed laws in eithe.- colony were those composed by Gov. Eaton, which are said to have been enveloped in blue paper, so that we are to conclude that the Eaton code of 1656 were in fact the blue law, if a code of blue laws were ever in force here, and not exc :vely the acts passed previous to that period. It will readily be discovered by the reader of the blue laws, and the early laws of the Massachusetts colony, that the code by Gov. Eaton (for New-Haven colony) was composed almost entirely of the laws of Massachusetts, in doing which,

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PREFACE. v

?oi Jov. Eaton made the sacred volume his guide, and has cited cripture in all cases upon which his laws were founded ; and ;here he has adopted the laws of other colonies, has enlarged nd defined their meaning, to avoid doubts and caviling amongst "he colonists, most of which laws are now incorporated in the 1?a tatute book of this state, not couched in the original language 11 nd phraseology, but embracing the same principles, and pun- shing like offences. Indeed that cod- of laws has been the aundation of the civil government he State, and all our raiseworthy institutions, both civil and religious, can be traced rom the present code of laws in this State, to those compiled y Governor Eaton nearly two centuries since. And however trange the fact may appear, but two volumes of the five hun- red printed in 1656, are to be found in this country, as known □ the compiler, of which valuable antiquity a certified and cor- ed copy is published in this work. The loss of which (origin- 1) to future generations would be irreparable ; for no antiqui- ies so amply and satisfactorily shew the improvement of the ge for two hundred vears past, as the laws of civil govern- ment (of 1656 compared with thepresent,)-the acts and records ,f the legislature for one hundred and fifty years from the first ettlement in New England, prove that the march of improve- aent has fully kept pace with that of time. Indeed it appears himerical to the present generation, that the improvement for wo centuries in advance should be equal even to the last fifty •ears in this country. It is to preserve these literary antiquities hat the compiler has collected and published them, and brought hem together into a single volume, that they may never be lost o posterity.

Also are included in this work, several of the laws of Plym- ,uth and Massachusetts colonies, from 1657, for several years in uccession, which have been obtained through a correct source, Lnd are to be relied upon as true transcripts of record, punishing he denomination of christians called Quakers, who came into hose colonies, which will be p ,ew and highly interesting to nost of the citizens of New-England, as to the inhabitants of he South or West. No man can peruse these laws without a :hill in every vein, and be ready to disbelieve that so uncharita- >le a spirit could ever have existed and been exercised in Amer- ca in a country whose freedom, civilly and religiously consid-

1*

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vi

PREFACK.

ered, was its boast, and by a class of citizens, too, who them- selves had, (then recently) abandoned home and the friends of their childhood, for the sole purpose of enjoying their own reli- gious opinions, and escaping the persecution of the Church of England : and that as soon as circumstances had placed them in the ascendancy in this country, should have forgotten the smarts, pains and penalties, so lately inflicted upon themselves in their native country, and for exercising that freedom of opinion which they had been refused, and were then so pleasantly en- joying— for which opinions, the Quakers were whipped, brand- ed, had their ears cut off, their tongues bored with hot irons, and were banished, upon the pain of death in case of their re- turn, and actually executed upon the gallows. If the Quakers violated any laws of the colony, they should have been punish- ed for snch violation, and not for their religious opinions.

Also is included the record of the charges and sentence of banishment of the Rev. Roger Williams and others by the court and clergy of the colony in 1635.

Also a few pages of the first record ever made in Connecticut, in the year 1635, soon after the first emigrants settled in Hart- ford, which is included merely for its antiquity, more than two centuries having expired since the facts recorded transpired.

Also the criminal code of laws passed by the General Court of Connecticut on the 1st day of December, 1642, which is inserted for the purpose of shewing the reader the similarity of the crim- inal laws (at that time) in the different colonies in New-England.

The compiler is aware that some few of the illiberal in this community may be dissatisfied with the publication of a part of these important antiquities, apprehending that "the literary or moral character of the * Puritan Fathers of New England may he implicated by such publication. But when they reflect that no man at that day was licenced as a clergyman to preach until he was familiar with the three learned languages, (which is far more than is now required,) it will be at once yielded that the literary clergy of that day would not suffer by a comparison with

* This name was given to a party which appeared in England in the year 1565, who opposed the liturgy and ceremonies of the Church of England. They acquired this denomination from their professed design to establish a purer form of worship and discipline.

Those who were first styled Puritans were Presbyterians ; but the term was afterwards applied to others who differed from the Church of England, (also called Dissenters). — [Ilai/ward 83.

PREFACE.

vii

those of the present. The orthography in which much of this work appears, only shews that the mode of spelling at that day was the fashion of the times, which is clearly evidenced by the writings of Cotton Mather and other learned men, whose orthog- raphy is much the same. I have not been very particular in most of the work to preserve the ancient spelling, which would necessarily occupy much more time, and render the type setting

far more laborious and difficult. That the morality or religion

of the puritans are implicated by this publication, I cannot do less than deny. For each and every act contained in this work shews their actions were intended to be strictly governed by that Law Book first given to man. That they were enthusiastic, perhaps bigoted, superstitious, highly excited and zealous in the pursuit of their object, cannot be doubted, when their laws pun- ishing Quakers and others are examined. Even the Blue Laws are highly honorable and praiseworthy to the authors of them, so far as their pure intentions towards God and their fellow men were concerned. The suppressing, or rather neglecting, their publication for one hundred and eighty-two years, is far more reprehensible than any thing contained in the Blue Laws them- selves. (A few of them have been published in Barber's An- tiquities of New-Haven.) A small work called the Blue Laws of Connecticut appeared a few years since, compiled by Silas Andrus, Esq., of Hartford, which were nothing more than the early colony laws of Connecticut, and which did not contain a single law known anciently as a Blue Law.

The reader in this work will find that our ancestors did not hesitate to call things by their right names, either in conversa- tion or upon record. They have spoken in plain scripture lan- guage, and it should no more offend the delicacy of any person than should the language of the Bible itself. Though I have latinized some few expressions to avoid offending females, rath- er than to expunge any part of the laws and render the code imperfect, antiquarians will at once chide me for so doing, and reply, that a law made for a rule of action at any day, should not be secreted under a Latin phrase, and that a public act to govern the people, whether delicate or vulgar, should come to all classes, and be preserved and published in its ancient purity or impurity of language.

A few ancient orders and resolutions taken from the State rec-

via

PREFACE.

ord, which are highly amusing and entertaining to all classes of society, are also embraced in this collection of antiquities ; and also the journal of the Dutch commissioners, Van Ruyven, bur- gomaster Van Cortlandt, &c, from New- York to Hartford, in 1663.*

At the close of this work are a few extracts upon the subject of witchcraft, from Mather's Magnalia and other ancient publi- cations, which are printed in the words and figures of the origin- al, as written by the authors at the time it was supposed the cases mentioned took place, and to several of which they claim to have been eye witnesses.

Much has been said in this country upon the subject of Salem withcraft, and in later years, Salem has been the butt and ridi- cule for her forafer belief in demonology and withcraft, which has been clone without reflecting that the influence of credulity is contagious, and that individuals will trust the evidence of oth- ers in despite of their own senses. Excited passions upon this subject, operated upon the minds of men, and being rather in- clined to believe in supernatural and marvelous events and sights, the public mind became satisfied of its reality and its danger. But Salem has not been alone in the belief of hobgob- lins and ghosts. Neither did witchcraft originate in this coun- try. Even Pharaoh had wizzards. Saul was met by a witch. The Romans had laws against witchcraft. It arose at a period when the Christians deemed the gods of the Mahomedan or heathen nations as perfect fiends, and their priests as wizzards. Fortune-telling, mystical or magical cures, intercourse with fa- miliar spirits, fairies and withcraft, have ever been much the same thing, depending upon the spirit of the times and the popu- lar superstition when it existed. Prosecutions for withcraft have been from the earliest period, even in the Roman empire, and in the middle ages ; as in the case of the Duchess of Glou- cester. Prosecutions in the fourteenth century, for witchcraft, united with the charge of heresy, in Sweden and Spain, were not uncommon. In England it was usually a crime connected with politics and state offences. In the sixteenth century, im- postures, countenanced by individual catholic priests, and some

* This was probably the first formal diplomatic embassy that ever took place in this country, from one independent province or colony to another, to settle an affair of government.

PREFACE.

puritan clergymen, as in the case of Dugdale. And I might follow the rage of this strange frenzy from age to age, and coun- try to country, to the Salem withcraft, which existed at a time when there were more fairies and jugglers in every part of Eu- rope and this country, than had existed at any previous period. These supernatural and strange ideas of familiar spirits, by the first settlers at Plymouth, Salem, &c, were brought with them from England, and the punishment of the offence at Salem was the same as in England at the time, derived from the law they had lived under before their embarkation to this country.

The reader, from these remarks, will not conclude that I make them in justification of the heretical frenzy of those concerned in the withcraft of Salem, but rather to shew that at that time the strong passion for supernatural events existed ili every part of the world to a greater or less extent. Connecticut and Virginia had laws at the same time, punishing the crime of witchcraft with death. — But be it spoken to the honor and good sense of Connecticut, that although a few persons were tried for the crime of familiarity with Satan, that her records are not stained with the disgrace of a sentence executed upon any of her citi- zens for the crime of witchcraft. Though like the other colo- nies, Connecticut had a law at the time, punishing the offence with death. However, but two adjudicated cases are found on her record, where a jury returned verdict of guilty, and even in these cases the court acquitted the prisoners and rejected the verdict for an informality in the complaint filed.

As Connecticut has often smarted by the ridicule of other States for her Blue Laws, in days of yore, I have collected a few of the ancient Blue Laws of Massachusetts, New-York, Maryland, Virginia, and South Carolina, together with some from that part of the island of Barbadoes, then settled by the English near the same period of time, which I have included in this volume, all of which retain the strong blue tinge of the laws of Connecticut ; and most evidently, from the spirit of the times when they were enacted, was much the same, not only in Europe, but throughout the settled parts of this country. All which, I most cheerfully submit lo the perusal of literary antiquarians, giving them the assurance that nearly the whole work is matter of record in this country, which can be referred to for its authenticity. Some few of the Blue Laws (as no

X

PREFACE.

record was made of a part of them, or if made has been lost,) I depend upon tradition, or a worse source, Peters' history, for their authenticity. But a record is made of all such as were enacted as early as 1655, and some from the first settlement of the New-Haven colony.

There has been added to this work, by request of a gentleman by the name of S. G. Welles of New-Lebanon, in the state of New-York, a few pages, embracing the religious tenets of " The United Society of Believers, commonly called Shakers," which I insert for the accommodation of the Shakers, and that the public generally may obtain a more thorough knowledge of the tenets of their religion, which has not been generally understood by the public.

I have also added several laws from the record of the Plym- outh colony, some of which were enacted more than two hun- dred years since, by the first settlers, and have with care pre- served the orthography of the original records ; together with many other records of ancient times, which I hope may not only instruct, but amuse the antiquarian.

Hartford, April 2, 1838.

CONTENTS.

PAGE

Laws punishing Quakers, &c. in 1657, .... 14

Laws of New Plymouth Colony, &c. 1627, .... 41

Capital Laws of New^PIymouth, 51

Criminals, .......... 54

Civil Laws of New Plymouth, 57

Extracts from Laws of New Plymouth, ..... 59

Trial of Rev. Roger Williams, 63

Record of Connecticut in 1636, .... . .67

Saybrook Platform, 1708 90

Declaration against Popery, &c, 97

Extracts from Connecticut Records, ..... 100

Capital Laws of Connecticut in 1642, 102

Blue Laws of Peters 121

Gov. Eaton's Blue Laws, 123

Blue Laws of Virginia, . 225

Blue Laws of Barbadoes, . . ..... 232

Blue Laws of Maryland 234

Blue Laws of New York, 23g

Blue Laws of South Carolina, ...... 243

Cornelius VaruRuyven &c. embassy, ..... 245

Shaker's exposition, 261

Witchcraft, . 296

BLUE LAWS.

The reader will find the following collection of Laws, Letters, Judgments, &c. in the Colonies of Massachusetts and Plymouth in 1657 &c, highly interesting: — punish- ing Quakers by whipping, branding, cutting off their ears, banishing and actually executing them upon the gallows, for differing in their religious opinions, (on the construc- tion of the doctrines of the bible) from other Dissenters from the church of England.

PLYMOUTH, ORDER OF COURT ABOUT QUAKERS.

Plymouth Records.

It is ordered by the court, that in case any shall bring in any Quaker, Rantor or other notoriouse Heretiques, either by land or water into any parte of this government, shall forthwith, upon order from any one magistrate returne them to the place from whence they came, or clear the government of them on the penaltie of paying a fine of twenty shillings for euery {every) weeke that they shall stay in the government after warninge.

PLYMOUTH LAW AGAINST ENTERTAINING QUAKERS.

From the records of Plymouth.

Whereas there hath seuerall persons come into this gov 2

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BLUE LAWS OF

eminent commonly called Quakers, whose doctrine and practises manifestly tend to the subersion of the fundamen- lallsof christian religion, church order and the civell peace of this government, as appeers by the testimonies given in sundry depositions and otherwise : It is therefore enacted by the court and the authoretie thereof, that noe Quaker or person commonly soe called, bee entertained by any person or persons within this government, vnder thepenal- ltie of five pounds for euery such default, or be whipt, and in case any one shall entertaine any such person ignorant- ly, if hee shal testify on his oath that hee knew not them to bee such, he shalbe freed of the aforesaid penaltie, provided hee vpon his first decerning them to bee such, doe discouer them to the constable or his deputie. (Re- enacted 10th June, 1669.)

Plymouth Records, Oct. 6, 16^7.

At this court, humphrey Norton, one of those com- monly called Quakers, being summoned, appeered and, was examined and found guilty of diuers horred errors and was centanced speedily to depart the government, and was forthwith expelled the government by the vnder marshall whoe was required to accompanie him as farr as Asonett, towards Road Island.

Massachusetts Records, Oct. 14, 1657.

As an addition to the late order in reference to the com- ing or bringing in any of the cursed sect of the Quakers into this jurisdiction, it is ordered, that whosoeuer shall from henceforth bring, or cause to be brought, directly or indirectly any known Quaker or Quakers, or other blas- phemous Ilereticks into this jurisdiction, euery such per- son shall forfeit the sum of one hundred pounds to the country, and shall by warrant from any magistrate, be committed to prison, there to remain till the penalty be satisfied and paid, and if any person or persons within this

MASSACHUSETTS.

15

jurisdiction, shall henceforth entertaine and conceal any such Quaker or Quakers, or other blasphemous hereticks, (knowing them so to be,) euery such person shall forfeit to the country forty shillings for euery hour's entertain- ment and concealment of any Quaker or Quakers as aforesaid, and shall be committed to prison as aforesaid, untill the forfeitures be fully satisfied and paid — and it is further ordered, that if any Quaker or Quakers shall pre- sume, after they have once suffered what the law requir- eth, to come into this jurisdiction, euery such male Qua- ker shall, for the first offence, haue one of his ears cut off and be kept att work in the house of correction till he can be sent away at his own charge ; and for the second of- fence shall haue the other ear cut off &c, and kept at the house of correction as aforesaid. And euery woman Quaker that hath suffered the law here, that shall presume to come into this jurisdiction, shall be seuerely whipt and kept at the house of correction at work, till she be sent away at her own charge, and so also for her coming again she shall be alike used as aforesaid. And for euery Qua- ker, he or she that shall a third time heerin ao-ain offend, they shall haue their tongues bored through with a hot iron and be kept at the house of correction close at work, till they be sent away at thier own charge. And it is fur- ther ordered, that all and euery Quaker arising from amongst ourselues, shall be dealt with and suffer the like punishments as the law provides against foreign Quakers.

3Iassachusctts Records, 19/7* May, 1G5S.

That Quakers and such accursed hereticks arisino- amongst ourselues may be dealt withal according to thier deserts, and that thier pestilent errors and practices may speedily be preuented : It is hereby ordered, as an addition to the former law against Quakers, that euery such person or persons professing any of thier pernicious ways by sneaking, writing or by meeting on the Lord's days, or at

16

BLUE LAWS OF

any other time, to strengthen themselues or seduce others to thier diabolical doctrine, shall after due means of con- viction, incur the penalty ensuing, that is, euery person so meeting, shall pay to the country for euery time, ten shill- ings, and euery one speaking in such meeting, shall pay five pounds a piece, and in case of any such person hath been punished by scourging or whipping, the first time according to the former laws, shall be still kept at work in the house of correction till they put in security with two sufficient men, that they shall not any more vent thier hateful errors nor use thier sinful practices, or else shall depart this jurisdiction at thier own charges, and if any of them return again, then each such person shall incur the penalty of the laws formerly made by strangers.

Records of New Plymouth, 16-58.

It is enacted by the court and the authoritie thereof, that no Quaker, Rantor or any such corrupt person, shal bee admited to bee a freeman of this corporation.

It is enacted by the court and the authoritie thereof, that all such as are opposers of the good and wholesome lawes of this collonie; or manifest opposers of the true worship of God, or such as refuse to doe the countrey ser- vice, being called thereunto, shall not bee admitted free- men of this corporation ; being duely convicted of all or any of these.

It is enacted by the court, that all such as refuse to take the oath of fidelitie as Quakers or such as are manifest encorraa;ers of them, shall have noe voatin choise of pub- lick officers in the place wher they dwell or snail bee im- ployed in any place of trust while they contineed such.

Massacliasetts Records, Oct. 19th, 1G58.

It is ordered that the Quakers in prison at Ipswich, be forthwith sent for. Warrant issued out accordingly and return of the warrant made. The court convented the

MASSACHUSETTS.

17

said Quakers before them, and after much endeavour to convince and reform them, ordered that Samuel Shattock, Lawrence Southwick, his wife, Nicholas Phelps, Joshua Bufifam and Josiah Southwick shall be enjoined, at their peril, to depart out of this jurisdiction before the first day of the court of election next, which if they neglect or refuse to do, they shall be then banished, under the pain of death, and if in the mean time they shall transgress against the new law made this court against Quakers, they shall be proceeded with as the said law requires. And it is referred to the county court of Suffolk, to de- clare this sentence to them, and thereupon to release them out of prison.

Blassacliusctts Records, May 11, 1659.

Whereas Daniel and Provided Southwick, Son and Daughter of Lawrence Southwick have been fined by the county courts at Salem and Ipswich, pretending they have no estates, resolving not to work, and others likewise have been fined, and more like to be, fined for sideing with the Quakers, and absenting themselves from the publick or- dinances ; In answer to a question, what course should be taken for the satisfaction of the fines? The court on pe- rusal of the Law, title Arrests, Resolve, That the Treas- urers of the several Counties are, and shall hereby be im- powered to sell said persons to any of the English nation at Virginia and Barbadoes.

LAWS OF MASSACHUSETTS.

Edit 1GT2.

Whereas there is a pernicious sect commonly called Quakers, lately arisen, who by word and writing have published and maintained many dangerous and horrid Tenets, and do take upon them to change and alter the received laudable customes of our Nation, in crivino- civil 2*

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BLUE LAWS OF

respect to equals, or reverence to superiours, whose actions tend to undermine the authority of civil governmental so as to destroy the order of the churches, by denying all estab- lished forms of worship, and by withdrawing from the or- derly Church assemblies allowed and approved by all ortho- dox Professors of the truth ; and instead thereof, and opposition thereunto, frequenting private meetings of their own, insinuating themselves into the minds of the simpler, or such as are less affected to the order and government of the church and common-wealth, whereby divers of our inhabitants have been infected and seduced, notwithstand- ing all former Laws made (upon experience of their arro- gant bold obtrusions, to disseminate their principles amongst us,) prohibiting their coming into this jurisdic- tion, they have not been deterred from their impetuous attempts to undermine our peace and hasten our ruine. (1G58.)

For prevention thereof, this court doth order and enact, that every person or persons of the cursed sect of the Qua- kers, who is not an inhabitant of, but found within this jurisdiction, shall be apprehended (without warrant where no magistrate is at hand,) by any constable, commissioner or selectman, and conveyed from constable to constable, until they come before the next magistrate, who shall com- mit the said person or persons to close prison, there to remain without bade untill the next court of Assistants, where they shall have a legal trial by a special jury, and being convicted to be of the Sect of the Quakers, shall be sentenced to banishment upon pain of Death.

And that every inhabitant of this jurisdiction, being convicted to be of the aforesaid sect, either by taking up, publishing and defending the horrid opinions of the Qua- kers, or by stirring up mutiny, sedition or rebellion against the government, or by taking up their absurd and destruc- tive practises, viz. denying civil respect and reverence to equals and superiors, withdrawing from our church assem-

MASSACHUSETTS.

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blies, and instead thereof frequenting private meetings of their own, in opposition to church order, or by adhering to, or approving of any known Quakers or the tenets and practises of the Quakers, that are opposite to the orthodox received opinions and practises of the godly, and endeav- oring to disaffect others to civil government and church order ; and condemning the practise and proceedings of this court against the Quakers, manifesting thereby com- pliance with those whose design is to overthrow the order established in church and commonwealth ; every such person, upon examination and legal conviction before the court of assistants in manner as aforesaid, shall be com- mitted to close prison for one month, and then unless they chuse voluntarily to depart the jurisdiction, shall give bond for their good abbearance and appearance at the next court of assistants, where, continuing obstinate, and refusing to retract and reform the aforesaid opinions and practises, shall be sentenced to banishment on the pain of Death : and in case of the aforesaid voluntary departure, not to remain or again to return into this jurisdiction, without the allowance of the major part of the council first had and published, on penalty of being banished upon pain of death ; and any one magistrate, upon information given him of any such person, shall cause them to be appre- hended, and if upon examination of the case, he shall ac- cording to his best discretion, finde just ground for such complaint, lie shall commit such person to prison, until he comes to his tryal as is above expressed. (1646.)

Massachusetts Records, May 11, 1659.

It is ordered that Lawrence Southwick, Cassandra his wife, Samuel Shattock, Nicholas Phelps, Joshua Buffam, and Josiah Southwick, hereby are sentenced according to the order of the general court in October last to banish- ment, to depart out of this jurisdiction by the eighth of June next, on pain of death ; and if any of them after the

20 blue laws off

said eighth day of June next, shall be found within this jurisdiction, they shall be apprehended by any constable or other officer of this jurisdiction, and be committed to close prison, there to lye till the next court of assistants, where they shall be tryed, and being found guilty of the breach of this law, shall be put to Death.

Plymouth Records, June 7, 1659.

For as much as many persons are greatly corrupted with the Quaker doctrines by reading theire bookes, wri- tings or episles, which are sent and distributed into sun- dry places within this jurisdiction : It is therefore enacted by the court and the authoritie thereof that in case the constable or grand jurymen ormarshall shall find or heare of any Quaker's bookes, epistles or writings, he shall seize on them and present them to a magistrate or the next court.

Plymouth Records, 1059.

It is enacted by the court, that a proposition bee made to the Quakers that such of them as will promise andven- gage to remove thier dwellings out of this government within six monthes after this present court and performe it, that noe fine be exacted of them as soe engage ; and such as whose estates are so impoverished as they are dis- abled to remove, they shall have som supply made them out of the treasury to healp them.

Plymouth Records, 1G59.

Whereas some have desired and others thinke it meet to permit some persons to frequent the Quakers' meetings, to endeavour to reduce them from the error of thier wayes, the court, considering the premises, doe permit John Smith, of Barnstable, Isacke Robinson, John Chipman, and John Cooke, of Plymouth, or any two of them, to attend the said meetings for the ends aforesaid, att any time hetvvixt this court and the next October court.

MASSACHUSETTS.

21

Massachusetts Records, October I8tli, 1G59.

It is ordered that William Robinson, Marmaduke Ste- phenson, and Mary Dyer, Quakers, now in prison for thiere rebellion, sedition, and presumptuous obtruding themselves upon us, notwithstanding thiere being sen- tenced to banishment on pain of death, as underminers of this government, &c, shall be brought before this court for thier trials, to surfer the penalty of the law, (the just reward of their transgression,) on the morrow morning, being the 19th of this instant.

William Robinson, Marmaduke Stephenson, and Mary Dyer, banished this jurisdiction by the last court of assist- ants, on pain of death, being committed by order of the general court, were sent for, brought to the bar, acknowl- edged themselves to be the persons banished ; after a full hearing of what the prisoners could say for themselves, it was put to the question, whether Wm. Robinson, Mar- maduke Stephenson, and Mary Dyer, the persons now in prison, who have been convicted for Quakers, and ban- ished this jurisdiction on pain of death, should be put to death according as the law provides in that case? The court resolved this question in the affirmative. And the Governor, in open court, declared the sentence to William Robinson, that was brought to the bar : — Wil- liam Robinson, you shall go from hence to the place from whence you came, and from thence to the place of execu- tion, and there hangi\\\ you be dead. — The like sentences, the Governor, in open court, pronounced against Marma- duke Stephenson and Mary Dyer, being brought to the bar, one after another, in the same words.

Whereas William Robinson, Marmaduke Stephenson, and Mary Dyer, are sentenced by this court to death, for thier rebellion, &c. it is ordered, that the Secretary issue out his warrant to Edward Mitchelson, marshal! general, for repairing to the prison on the 27th of this instant Oc-

22 BLUE LAWS OP

tobef, and take the said William Robinson, Marmaduke Stephenson, and Mary Dyer, into his custody ; and then forthwith, by the aid of captain James Oliver, with one hundred soldiers, taken out by his order, proportionably out of each company in Boston, compleatly armed with pike and musketeers, wiihpowder and bullett, to lead them to the place of execution, and there see them hang till they be dead. And in their going, and being there, and return, to see all things bee carried peaceably and orderly. War- rants issued out accordingly.

Same Record.

Whereas Mary Dyer is condemned by the general court to be executed for her offences : on the petition of Wil- liam Dyer, her son, it is ordered, that the said Mary Dyer shall have liberty for forty-eight hours after this day, to depart out of this jurisdiction, after which time, being found therein, she is forthwith to be executed ; and in the mean time that she be kept close prisoner till her son or some other person be ready to carry her away within the aforesaid time. And it is further ordered, that she shall be carried to the place of execution, and there to stand upon the gallows, with a rope about her neck, till the rest be executed ; and then to return to the prison and remain as aforesaid.

A Letter of "Humphrey Norton, who 'was a Quaker, and who had smarted under the rod of pcrsicution of the Governor of the Plymouth Patent, taken from Plymouth Record, which ivas recorded by order of court, as fol- loios, viz :

Tho. Prence, thou whoe hast bent thy hart to worke wickedness, and with thy tongue hast sett forth deceite : Thou imaginist mischief upon thy bed, and hatchest thy hatred in thy secret chamber, the strength of darkness is over thee, and a malicouse mouth hast thou opened against

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God and his Annointed, and with thy tongue and lipps hast thou uttered perverse thinges : thou hast slaundered the innocent by railing, lying, and false accusations, and with thy barbarouse hart hast thou caused theire blond to bee shed ; thou hast through these thino-s broken and transgressed the lawes and waies of God : and equitie is not before thy eyes, the curse causeless cannot come upon thee, nor the vengeance of God unjustly cannot fetch thee up; thou makest thyselfe merry with thy cecret mallice ; and when thou actes or exequetest it, it's in derision and scorn ; the deadly drinke of the cup of indignation thou cannot escape, and the griefe and cause of trauell will not be greater than thyne. Since first I saw thee and before, thy false and lying tongue hath been forged against mee ; I shall not writt nor speake without ground, as thou hast done by mee, but plainely shall present thy doings before thy face ; as firstly, thy former warrant was forged upon a filthy lye; and therein thou littest mee an extravi- gant person ; thy second had healping hand in causing mee to bee recorded for severall errors, and like a sham- les man would neither it acknowledge nor deny ; thy third, that John Rouse and I were inordiate fellowes, and never in the least made it appear wherein ; thy fourth, that I intended within two daies after the time thou spake it, to make a preachment, as thou in thy . derision called it thereawaies ; thy fift, thy promise that I should have the lau, and afterwards went about to deny it ; soe that as from thee I never had it yett; thy sixt, popish and jesuiticall names, withal thy lying slaunders and false aspersions cast upon us from thy clamourouse tongue ; thy seventh, acting contrary to lav/, equitie, and justice and judgment, accor- ding to the evill of thyne owne hart; all these are thou guilty of, besides the denying of my paper which was presented to thee containing parte of my grounds of my coming; thy eight, |thy striving to dash my words backe upon mee, and to hinder mee to speake in the people's

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hearing, striving what thou could to staine the truth of God with thy enveouse tounge, all which things is charged upon thy head, and as a peale of hailestones will pealte upon thy hart ; thou hast perverted justice and true judg- ment and hast defrauded the poor and needy ; thou hast caused to defraud the righteouse owner of his goods, and is heaping it up as upon a hill wherewith thou wilt pur- chase to thyselfe and others a field of blood wherein to bury your dead : John Alden is to thee like unto a pack- horse whereupon thou layess thy beastly bagg, cursed are all they that have a hand therein ; the cry of vengeance will persue thee day and night for other men's goods, hard speeches, unrieghteouse actions which thou hast done and spoken against others and us, without and contrary to the righteouse law ; soe shall rest upon thee as frontless upon thy head, and as wee have suffered without law soe shalt thou perish without law if thou repent not; the days of thy wailing will be like unto that of a woman that mur- thers the fruite of her wombe ; the anguish and paine that will enter upon thy reignes will be like knawing wormes lodging betwixt thy hart and liver ; when these things come upon thee, and thy back bowed downe with paine, in that day and houre thou shalt know to thy griefe that prophetts of the Lord God wee are, and the God of vengeance is our God.

(With care and speed) Humphrey Norton.

DECLARATION OF THE GENERAL COURT OF MASSACHUSETTS RESPECTING THE QUAKERS.

Massachusetts Records.

The court haveing considered of the severall declara- tions which have been presented to vindicate the justice of this court's proceedings in reference to the Quakers, do thankfully acknowledge themselves engaged to the gen- tlemen that have taken paines therein ; and for the satis-

MASSACHUSETTS,

25

faction of such as may any way be doubtful : It is order- ed, that the two* declarations, here underwritten, shall go forthwith by the authority and order of the general court, the first of them to the press to be printed, the other from the secretary to the townes in writing.

Although the justice of our proceedings against Wil- liam Robinson, Marmaduke Stevenson, and Mary Dyer, supported by the authority of this court, and the laws of the country and the laws of God, may rather persuade us to expect encouragement and commendation from all pru- dent and pious men, than convince us of any necessity to apologize for the same, yet for as much as men of weaker parts, out of pity and commiseration, (a commendable and christian virtue, yet easily abused and susceptible of sinister and dangerous impressions,) for want of full infor- mation, may be less satisfied ; and men of perverse prin- ciples may take occasion hereby to calumniate us and render us as bloody persicutors : to satisfy the one, and stop the mouths of the other —

We thought it to be requisite to declare, that about three years since, divers persons professing themselves Quakers, (of whose pernicious principles and practices we had re- ceived intelligence from good hands,) from Barbadoes and England arrived at Boston, whose persons were only secured, to be sent away by the first opportunity, without censure or punishment ; although their professed tenets, turbulent and contentious behaviour to authority, would have justified a severer animadversion, yet the prudence of this court was exercised only in making provision to secure the peace and order here established against their attempts, whose design we were well assured by our own experience, as well as by the example of their predecessors in Muns- ter, was to undermine and ruin the same ; and according- ly, a law was made and published, prohibiting all masters

* Only one declaration is recorded. 3

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BLUE LAWS OF

of ships to bring any Quakers into this jurisdiction, and themselves from coming in, on penalty of the house of correction, till they could be sent away: notwithstanding which, by a back doorethey found entrance, and the pen- alty inflicted on themselves, proving insufficient to restrain their imprudent and insolent obtrusions was increased by the loss of the ears of those that offended the second time ; which alsoe being too weak a defence against their impetuous and fanatick fury, necessitated us to endeavour our security. And upon serious consideration, after the former experiments of their incessant assaults, a Jaw was made that such persons should be banished on pain of Death. According to the example of England, in their provision against Jesuits; which sentence being regular- ly pronounced, at the last court of assistants against the parties above named : and they either returning or con- tinuing presumptuously in this jurisdiction, after the time limited, were apprehended and owning themselves to be the persons banished, were sentenced (by this court,) to death, according to the law aforesaid, which hath been ex- ecuted tqwn two' of them; Mary Dyer, upon the petition of her son, and the mercy and clemency of this court, had liberty to depart within two days; which she hath accept- ed of. The consideration of our gradual proceedings, will vindicate us from the clamerous accusation of severi- ty. Our own just and necessary defence, calling upon us, (other measures failing,) to offer the point which these persons have violently and wilfully rushed upon ; and thereby are become Felons de se, which might it have been prevented and the sovereign law, salas populi been pre- served, our former proceedings as well as the sparing of Mary Dyer upon an inconsiderable intercession, will man- ifestly evince, we desired their life absent, rather than their death present.

Many- of that sect of people, which are commonly call- ed Quakers, having from foreign parts, and other colo-

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27

nies, come at sundry times and in several companies and numbers into this jurisdiction of the Massachusetts ; and those lesser punishments of the house of correction, and imprisonments for a time having been inflicted on some of them ; but not suffering to deter or keep them away, but that still they have presumed to come hither upon no other ground or occasion, (for ought that could appeer,) but to scatter their corrupt opinions, and to draw others to their way, and so to make disturbance, and the honored gener- al court having hereupon made an order and law, that such persons should be banished and removed hence, on pain of death, to be inflicted on such of them as after their banishment, should presume to return and come hither again. The making and execution of the aforesaid law, may be cleared to be warrantable and just upon such grounds and considerations as these, viz.

1. The doctrine of this sect of people, is distructive to fundamental truths of religion, as the sacred trinity, the person of Christ, and the holy scriptures as a perfect rule of faith and life ; as Mr. Norton hath shewed in his trac- tate against the Quakers. Yea, that one opinion of thier being perfectly pure, and without sin, tends to overthrow the whole gospel, and the very vitals of Christianity ; for they that have no sin, have no need of Christ or of his satisfaction, or his blood to cleanse them from thier sin ; no need of faith to believe in Christ for imputed right- eousness to justify them, as being perfectly just in them- selves ; no repentance, as being righteous and without sin, no need of growing in grace, nor of the word and ordi- nances of God that they may grow thereby : for what need they to grow better, who are already perfect — no need of christian watchfulness against sin, who have no such ener my as sin dwelling in them, as Paul had, but are free from the presence and being of sin — and therefore Christ need not to say to them, as sometimes to his deciples, watch gild pray that ye enter not into temptation ; the spirit is.

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willing but the flesh is weak ; for having no such flesh or weakness, they have no need of watchfulness ; they have no need to purify themselves daily as all christians should, for they are perfectly pure already; no need to put off" the old man, and put on the new, like the christians to whom Paul wrote his epistles ; for what need they to do this, when they are already without sin, and so without all re- mainder of the old man — such fundamentals of Christian- ity are overthrown by this one opinion of thiers ; and how much more by all thier other doctrines.

Now the commandment of God is plain, that he that presumes to speak lies in the name of the Lord, and turn people out of the way which the Lord hath commanded to walk in, such an one must not live, but be put to death, Zecha. 13: 3. Deut. 13: G, and 18: 2, and if the doc- trine of the Quakers be not such, let the wise judge.

2. It is the commandment of the blessed God, that christians should obey magistrates, Titus, 3: 1, and that every soul should be subject to the higher powers. Rom. 13:1, Yea, be subject to every ordinance of man for the Lord's sake. 1 Pet. 2: 13, and yield, honor and rever- ence, or fear to such as are in authority, Prov. 24: 21, 1 Pet. 2: 17, and forbear all cursing and reviling and evil speeches, touching such persons, Exod. 22 : 28. Eccles. 8 : 2. Tit. 5: 2. Acts 23: 5. And accordingly good men have been wont to behave themselves with gestures, and speech- es of reverence and bonour towards superiours in place and power, as Abraham bowed down himself to the Hittites, Gen. 23 : 7, 12. Jacob and his wives and his children unto Esau, Gen. 33 : 3, G, 7. Joseph's brethren unto Joseph, being Governor of Egypt, Gen. 42 : G, and 43: 26, 28. Joseph to his father Jacob, Gen. 48 : 12. Moses to his father-in-law Jethro, Exod. 18 : 7. Ruth to Boaz, Ruth, 2: 10. David to Saul, 1 Sam. 24: G. Abigail, Bath- sheba, and the prophet Nathan to king David, 1 Sam. 25 : 23. 1 Kings 1:16, 23, 31, with others that might be

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added : and for reviling and contemptuous speeches, they have been so far therefrom, that they have spoken to and of their superiors with terms and expressions of much honour and reverence as father, 1 Sam. 19 : 3. 1 Kings, 19: 20, and 2: 2,12. Master, 2 Kings, 6 : 15. 1 Sam. 24: 6. Geo. 33: 13, 14. 1 Pet. 3:6. My Lord, 1 Sam. 24: 8. Gen. 44: 18, 19,20. 1 Sam. 1: 15, 26. Most nobie Festus, Acts 26 : 25. Most excellent Theop- ilus, Luke 1 : 3, and the like. That servant of Abraham, Gen. 24, doth call Abraham by the term and title of mas- ter, a matter of twenty times, or not much less in that one chapter, and on the contrary, it is noted as a brand, and of false teachers, that they dispise dominion, and are not afraid to speak evil of digneties, 2 Peter 2: 10. Jude 8. Though the very angels would not do so unto the devil, 2 Pet. 2 : 11. Jude 9. Now, it is well known that the practice of the Quakers is too like these false teachers whome the apostles speak of and that they are far from giv- ing that honour and reverence to magistrates which the Lord requireth, and good men have given to them, but on the contrary, shew contempt against them in their very out- ward gestures and behavior, and some of them at hart, spare not to belch out railing and cursing speeches ; witness that odious cursing letter of Humphrey Norton: and if so, if Abishai may judge; they are worthy to dy ; for so he thought of Shimei, for his contemptuous carriage and curs- ing speeches against David, 2 Sam. 16:9, and 19 and 21. And though David at that time did forbear putting him to death, he gave charge to Solomon, that this Shimei having cursed him with such a grevious curse, he should not hold him guiltless, but bring down his hoary head to the grave with blood. 1 Kings 2 : 8, 9. According to which direc- tion, King Solomon caused him to be put to death. Verses 44, 46.

3. Also in this story of Solomon and Shimei, it is recor- ded (1 Kings 2,) how Solomon confined Shimei to Jerusalem,

3*

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charging him upon pain of death not to go out thence, and telling him, if he did, he should dy for it ; which confine- ment when Shimei had broken, though it were three years after, and upon an occasion that might seem to have some weight in it, viz. To fetch again his servants that were run away from him, yet for all this, the confinement being broken, Solomon would not spare him, but put him to death j and if execution of death be lawful for breach of confine* ment, may not the same be said for breach of banishment : confinement of the two may seem to be much straighter, because in this a man is limited to one place and debarred from all others ; whereas in banishment a man is debarred from no place but one, all others being left to his liberty; the one debars him from all places save that it gives liberty to one, the other gives liberty to all places save that it re- strains from one, and therefore if death may be justly inflic- ted for breach of confinement, much more for return upon banishment, which is these Quakers case.

4. There is no man that is possessed of house or land, wherin he hath just title and propriety as his own, but he would count it unreasonably injurious that another who had no authority thereto should intrude and enter into his house without his, the owners consent ; yea, and when the owner doth expressly prohibit and forbid the same; we say, when the man that so presumes to enter, hath no authority thereto: For if it were a constable or other officer legally authorized, such an one might enter notwithstanding the householder dis- sent or charge to the contrary; but for them that have no au- thority the case is otherwise, and if such one should presume to enter into another mans house and habitation, he might justly be impleaded as a thief or an usurper, and if in case of such violent assault the owners, Lc dcfcndcndo, should slay the assailant and intruder, his blood would be upon his own head ; and if private persons may in such case shed the blood of such intruders, may not the like be granted to them that are the publick keepers and guardians of the Com-

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monwealth 1 Have not they as much power to take away the lives of such as contrary to prohibition shall invade and in- trude into their publick possessions or Territories, as private and particular persons to deal so with them that without au- thority shall presume to enter into their private and particu- lar habitations ! which seems clearly to be the present case ; for who can believe that Quakers are constables over this polony to intrude themselves, invade and enter whether the colony will or no, yea, notwithstanding their express prohi- bition to the contrary? If in such violent and bold at- tempts they lose their lives they may thank themselves as the blameable cause and Authors of their own death.

5. Who can make question, but that a man that hath children and family, both justly may and in duty ought to preserve them of his charge, (as far as he is able) from the dangerous company of persons inflicted with the plague or pestilence, or other contagious, nosome and mortal diseases, and if such persons should offer to intrude into the mans house amongst his children and servants, notwithstanding his prohibition and warning to the contrary, and thereby shall endanger the health and lives of them of the family, can any man doubt but that in such case, the Father of the family in defence of himself, may withstand the intrusion of such infected and dangerous persons, and if otherwise he cannot keep them out may kill them? — Now in Scripture, corruption in mind or judgment is counted a great infection or defilement, yea, and one of the greatest; for the apostle saying of some men ; that to them there is nothing pure, gives this as the reason of it, because even their mind con- science is defiled, Titus 1: 15, as if defilement of mind did argue the defilement of all ; and that in such case there was nothing pure, even as when leprosy was in the head, the Priest must pronounce such a man utterly unclean sith the plague was in his head, Levit. 13, 44. And it is the Lords command that such corrupt persons be not received into house, 2 John 10, which plainly enough implies that the

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householder hath power to keep them out, and that it was not in their power to come in, if they pleased whether the householder would or no — And if the Father of a particular Family may thus defend his children and household, may not magistrates do the like for their subjects, they being nur- sing Fathers and nursing Mothers, by the account of God in holy scripture, Isai. 49: 23. Is it not clear that if the Father in the family must keep them out of his house, the Father of the commonwealth, must keep them out of his Ju- risdiction, and if sheep and lambs cannot be preserved from the danger of the wolves, and the wolves will break in amongst them, it is easy to see what the Shepherd or keep- er of the sheep may lawfully do in such a case.

6. It was the command of the Lord Jesus Christ to his disciples, that when they were persecuted in one city, that they should flee into another, Mat. 10: 23. And according- ly it was his own practice so to do many a time, both when he was a child and afterwards, Mat. 2: 13, 14, 12: 15, John 7: 1, and 8, last and 10: 39, and so was also the practice of the saints, witness what was written of Jacob, Gen. 27: 42, 43, and 28: 5, of Moses, Exod. 2: 14, 15, of Elias, 1 Kings, 19: 3.— of Paul, Acts 9: 24, 25,29, 39, and 17: 13, 14, and of the apostle, Acts 14: 4, 5, and others who when they have been persecuted have fled away for their own safety, and Reason requires that when men have liberty to it they should not refuse so to do, because otherwise they will be guilty of tempting God and of incurring their own hurt, as having a fair way open for the avoiding thereof, but they needlessly expose themselves thereto.

If therefore that which is done against Quakers in this Jurisdiction were indeed persecution, as they account of it, though in truth it is not so, but the due ministration of Jus- tice, but suppose it were as they think it to be, what spirit may they be thought to be acted or led by, who are in their actings so contrary to the commandment and example of Christ and of his saints in the case of persecution, which

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these men suppose to be their case; plain enough it is, if their case were the same, their actings were not the same, but quite contrary, so that Christ and his Saints were led by one Spirit and these people by another, for rather than they would not shew their contempt of authority and make dis- turbance amongst his people, they choose to go contrary to the express directions of Jesus Christ and the approved Ex- amples of his Saints, altho it be to the Hazard and Peril of their own Lives.

Plymouth Records, June 10, 1CG0.

Whereas by a former order of court, all persons were required to give notice to the constables of theire severall precincts of all such persons as were knowne to be foraigne Quakers, now this present court doth enacte that it shall bee lawfull for any inhabitant within this Jurisdiction upon theire knowledge, and having oppertunitie to use all en- deavours to apprehend all such Quakers, and to deliver them to the Constables, or bring them before the Governor, or some one of the Magistrates.

Whereas we find that of late time, the Quakers have bine furnished with horses, and thereby they have not only the more speedy passage from place to place to the poisoning of the inhabitants with theire cursed tenetts, but alsoe thereby have escaped the hands of the Officers, that might otherwise have apprehended them. It is therefore enacted by the court and the Authoritie thereof, that if any person or per- sons whatsoever in this Government, doth, or shall furnish any of them with horse or horse kind, the same to bee for- fited and seized on for the use of this government ; or any horses that they shall bring into the government, or shall be brought in for them, and they make use of, shalbee forfeit- ed as aforesaid : and that it shall be lawfull for any Inhabit- ant to make seizure of any such horse and to deliver him to the Constable or the Treasurer for the use of the coun- try.

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It is enacted by the court, that any one that shall bring in any Quaker or Rantor by land or water into this govern- ment, viz., by being a guide to them, or any otherwise shal bee fined to the use of the government, the sume of ten pounds for every such default.

Plymouth Records^ 1660.

It is enacted by the Court and the authoritie thereof, that if any person or persons commonly called Quakers, or other such like vagabonds shall come into any towne of this government, the Marshall or constable shall apprehend him or them, and upon examination, soe appearing, hee shall whip them, or cause them to bee whipt with rodds : soe it exceede not fifteen stripes, and to give him or them a passe to depart the Government, and any such person or persons bee found within the Government without theire passe, or not acting according thereunto, they shal bee punished again as formerly ; and in case any constable of this Juris- diction shal bee unwilling, or cannot procure any to inflict the punishment aforesaid, that then they shall bringe such persons to Plymouth to the under Marshall, and he shall inflict it.

It is enacted by the court and the Authoritie thereof, that henceforth, noe person or persons shall permit any meet- inges of the Quakers to bee in his house or houseing, on the penaltie of being sumoned to the General Court, and there being convicted thereof, shalbee publickly whipt, or pay five pounds to the Collonies use.

Whereas there is a constant monthly meeting together of the Quakers from divers places in great numbers, which is verry offensive, and may prove greatly prejuditiall to this Government, and in as much as the most constant place for such meetinges is att Duxburrow : This court have de- sired and appointed Mr. Constant Southworth, and Will- iam Payboddy to repaire to such theire meetings, together with the Marshall or Constable of the towne, and to use

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theiie endeavours, by argument and discourse, to convince or hinder them ; and in case the place of theire meeting should bee changed, the court desires the above named, or any other meet persons to attend them there alsoe.

Massachusetts Records, 16 Oct., 1GG0.

For explanation of the lav/ or laws referring to the man- ner of trial of such persons as are found in this jurisdiction after banishment on pain of death.

This court doth judge meet to declare, that when any person or persons banished upon pain of death, shall after the expiration of their time limitted for departure, be found within the limits of this Jurisdiction, all Magistrates, com- missioners, constables and other officers of this jurisdiction do use their best endeavours for their apprehending and conveying to safe custody, and being there secured : such person or persons shall at the next court of assistants, whether in ordinary or especially called, ng to the

direction of law for calling such courts, have a legal trial by a jury of twelve men ; and being found by evidence, or their own confession, to be the person or persons formerly sentenced to banishment on pain of death, shall according- ly be sentenced to Death and executed, by warrant from the Governor, or Deputy Governor, directed to the Marshall Generall ; unless he or they be regularly reprieved in the meantime.

Massachusetts Records.

This court being desirous to try all means, with as much lenity as may consist with our safety, to prevent the intrusions of the Quakers, who, besides their absurd and blasphem- ous doctrines, do like Rogues and vagabonds come in upon us, and have not been restrained by the laws already pro- vided :

Have ordered that every such vagabond Quaker, found within any part of this Jurisdiction, shall be apprehended

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by any person or persons, or by the constable of the tovvne wherein he or she is taken, and by the constable, or in his absence, by any other person or persons, conveyed before the next magistrate of that Shire wherein they are taken, or Commissioner invested with Magistratical power : and being by the said magistrate or magistrates, commissioner or commissioners adjudged to be a wandering Quaker, viz. one that hath not any dwelling, or orderly allowance as an inhabitant of this Jurisdiction, and not giving civil respect by the usual gestures thereof, or by any other way or means manifesting himself to be a Quaker, shall by warrant under the hand of the said magistrate or magistrates, commission- er or commissioners, directed to the Constable of the towne wherein he or shee is taken, or in absence of the constables, to any other meet person, be stripped naked from the mid- dle upwards, and tyed to a cart's tail, and whipped through the town, and from thence, immediately conveyed to the constable of the next town towards the border of our juris- diction as the warrant shall direct, and so from constable to constable, till they be conveyed through any the outward- most towns of our Jurisdiction.

And if such vagabond Quaker shall return again, then to be in like manner apprehended, and conveyed as often as they shall be found within the limits of our Jurisdiction : provided every such wandering Quaker, having been thrice committed and sent away as above said, and returning again into this jurisdiction, shall be apprehended, and committed by any magistrate or commissioner as above said, unto the house of correction, within that county wherein he or she is found, until the next court of that county ; where, if the court judge not meet to release them, they shall be branded with the letter R on their left shoulder, and be severely whipt, and sent away in manner as above.

And if after this, he or shee shall return again ; then to be proceeded against as incorrigible Rogues and enemies to the common peace, and shall immediately be apprehended

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and committed to the common goal of the country, and at the next court of Assistants, shall be brought to theire tryal, and proceeded against according to the Law made Anno 1658 — for their banishment on pain of Death.

And for such Quakers as shall arise from amongst our- selves, they shall be proceeded against as a former law of Anno 1858.

Massachusetts Records, passed 22 May, 1661.

It is ordered that all the Quakers now in prison be ac- quainted with the new Law made against them, and forth- with released from prison, and sent from constable to con- stable, out of this Jurisdiction ; and if they or any of them be found after twelve hours within the same, he or they shall be proceeded with according to the law made this present court, Peter Pierson and Judah Brown* excepted, persons condemned to be whipt in the prison, only with twenty stripes apiece.

MANDAMUS TO THE GOVERNMENT OF NEW ENGLAND.

Lowell's History of the Quakers.

Charles R.

Trusty and well beloved, wee greet you well. Having been informed that several of our subjects amongst you, called Quakers, have been, and are imprisoned by you,

* Note. These persons being indicted stood mute ; and the court or- dered, "that they shall by the constable of Boston be forthwith taken out of the prison and striped from the girdle upwards, by the execution- er, and tied to the cart's tail, and whiped thtough the town with twenty stripes and then carried to Roxbuvy and delivered to the constable there, who is also to ty them, or cause them in like manner to be tied to a cart's tail, and again whip them through the town with ten stripes ; and then carried to Dedham, and delivered to the constable there who is again in like manner to cause them to be tied to the cart's tail, and whipt with ten stripes through the town, and from thence they are immediately to depart this jurisdiction at their peril." — Hazard's Historical Collections, 4

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whereof some of them have been executed, and others (as hath been represented unto us) are in danger to undergo the like ; We have thought fitt to signifie our pleasure in that behalf for the future ; and do hereby require, that if there be any of those people called Quakers amongst you, now already condemned to suffer death, ox other corporal pun- ishment, or that are imprisoned, and obnoxious to the like condemnation, you are to forbear to proceed any farther therein ; but that you forthwith send the said persons (whether condemned or imprisoned,) over into this our Kingdom of England ; to gather the respective crimes or offences laid to their charge ; to the end that such course may be taken with them here as shall be agreeable to our Laws, and their demerits ; and for so doing, these our letters shall be your sufficient warrant and discharge.

Given at our court at Whitehall, the 9th day of Septem- ber, 1661, in the 13th year of our reign. By his Majesty's command,

William Morris.

The superscription to the last icas as folloivs :

To our Trusty and well beloved John Endicott, Esq., and to all and every other the Governor or Governors of our plantations of New England, and all the colonies thereunto belonging, that now are, or hereafter shalbee ; and to all and every the Ministers and Officers of our said plantations and Colonies whatsoever, within the Continent of New England.

Massachusetts Records, passed 27th 9th month, 1661.

At this court, a letter from the King's Majesty was read in court, bearing date the 9th day of September last, in the thirteenth year of his Majesty's Reign, in and by which his Majesty's pleasure in relation to the people called Quakers was signified, and

After the court's due perusal and consideration thereof,

MASSACHUSETTS. 39

fhey proceeded to declare the just and necessary rules of our government and condition for preservation of religion, order, and peace, hath induced the authority here established from time to time, to make and sharpen laws against Qua- kers, in reference to their restless intrusions and impetuous disturbances, and not any propensity or any inclination in us to punish them in person or estate, as is evident by our gradual proceedings with them, releasing some condemned, and others liable to condemnation, and all imprisoned were released and sent out of our borders ; ail which notwith- standing, their restless spirits have moved some of them to return and others to fill the Royal ear of our sovereign lord, the King, with complaints against us, and have by their un- wearied sollicitations in our absence, so far prevailed as to obtain a letter from his Majesty to forbear their corporal punishment or death ; although we hope and doubt not but that if his Majesty were rightly informed, he would be far from giving them such favour, or weakening his authority here, so long and orderly settled; Yet that we may not in the least offend his Majesty : This court doth hereby order and declare that the execution of the laws in force against Quakers as such, so far as they respect corporal punish- ment or death, be suspended until this court take further order.

Massachusetts Record,

This court heretofore, for some reasons induceing, did judge meet to suspend the execution of the laws against Quakers as such, so far as they respect corporal punish- ment or death, during the court's pleasure. Now for as much as new complaints are made to this court, of such persons abounding, especially in the eastern parts, endeav- ouring to draw others to that wicked opinion ; it is therefore ordered, that the last law, tit. vagabond Quakers, May, 1661, be henceforth in force in all respects; Provided that their whipping be but through three towns ; and the magis-

40 BLUE LAWS OF

trates or commissioners signing such warrant, shall appoint both the towns, and number of stripes in each town to be given.

In Massachusetts Records, "December 19th, 1G60, will be found an address by Massachusetts colonists to King Charles II. and Parliament, asking favors and showing their grievances, from which the following, relating to Quakers, is extracted, viz :

Concerning the Quakers, open and capital Blasphemers, open Seducers from the glorious Trinity, the Lord's Christ, our Lord Jesus Christ, &c, the blessed Gospel, and from the holy Scriptures as the Rule of Life, open Enemies to gov- ernment itself as established in the hands of any but men of their own principles, malignant and assiduous promoters of Doctrines directly tending to subvert both our Churches and State— after all other means for a long time used in vain, we were at last constrained for our own safety to pass a sentence of banishment against them, upon pain of Death ; such was their dangerous, impetuous, and desperate turbu- lence/, both to Religion and the estate civil and ecclesiastical, as that how unwillingly soever, could it have been avoided, the magistrate at last, in conscience both to God and man, iudcred^himself called, for the Defence of all, to keep the passage with the Point of the sword held towards them. This could do no harm to him that would be warned there- by ; their wittingly rushing themselves thereupon was their own act, and we with all Humility conceive a crime, bring- ing their Blood upon their own Head.

The Quakers died not because of their other crimes, how capital socuer, but upon their superadded presumptuous and incorrigible contempt of Authority, breaking in upon us notwithstanding their sentence of Banishment made known to them: had they not been restrained, so far as appeared, there was too much cause to fear that ive ourselues must haue died, or worse; and such was their Insolency, that they

MASSACHUSETTS. 41

would not be restrained but by Death : Nay, bad they at last but promised to depart the jurisdiction, and not to return without leave from Authority, we should hav e been glad of such an oppertunity to have said They should not dye.

Let not the King hear Men's words ; your servants are true men, Fearers of God and of the King, not given to change, Zealous of government and order, orthodox and peaceable in Israel ; we are not seditious as to the interest of Caesar, nor schismaticks as to the matters of religion : We distinguish between churches and their Impurities, between a living man, though not without sickness or Infirmity, or no man ; Irregularities, either in oursehtcs or others, we de- sire to be amended. We could not live without the publick worship of God. We were not permitted the use of pub- lick worship without such a yoke of subscription and con- formity as we could consent unto without sin : that we might therefore enjoy divine worship without the human Mixtures, without offence either to God, man, or ourselues, who came away in our strength, are by reason of verry long absence, many of us become grey-headed, and some of us stooping for age.

EXTRACTS FROM THE EARLY LAWS OF THE COLONY OF NEW PLYMOUTH.

" It was agreed upon by the whole court held the 6th of January 1G27, that from hence forward no dwelling house was to be covered with any kind of thatche, as straw, reed, &c. but with either board or pale and the like to wit of all that were to be new built in the town.

January 1632 — It was now enacted by public consent of the freemen of this society of New Plymouth, that if now or hereafter any were elected to the office of Governor, and would not stand to the election, nor hold and execute the office for his year, that then he be amerced in twenty pounds sterling fine; and in case refused to be paid upon the law- 4*

42

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ful demand of the ensuing Governor, then to be levied out of the goods or chatties of the said person so refusing.

It was further ordered and decreed that if any were elec- ted to the office of councell and refused to hold the place, that then he be amerced in ten pounds sterling fine, and in case refused to be paid to be forthwith levied.

It was further decreed and enacted that in case one and the same person should be elected governor a second year, having held the place the foregoing year it should be lawful for him to refuse without any amercement. And the com- pany to proceed to a new election except they can prevail with him by entreaty.

July 1, 1633. That the person in whose house any were found, or suffered to drincke drunck, be left to the arbitrary fine and punishment of the Governor and Councell accord- ing to the nature and circumstances of the same.

That none be suffered to retale wine or strong water, or suffer the same to be druncke in their houses, except it be at some inne or victualing house, and there only to strangers at their first coming, not exceeding the value of two pence a person; and that no beer be sold in any such place to exceed two pence the Winchester quart.

That no man keep more swine than can be kept to lie ordinarily about their own houses. And if they drive them from home, to drive and keep them in such places where no detrim't may come to any thereby.

163G. That none be allowed to be house keepers or build any cottages till such time as they be allowed and approved by the governor and councill.

That none be allowed to marry, that are under the covert of parents, but by their consent and approbacon. But in case consent cannot be had, then it shall be with the consent of the Governor or some assistant to whom the persons are known, whose care it shall be to see the marriage be fitt be- fore it be allowed by him. And after approbation be three

MASSACHUSETTS. 43

several! times published before the solemnising of it. Or else in places where there is no such meetings, that contracts or agreements of marriage may be published, that then it shall be lawful to publish them by a writing thereof made and set upon the usual publicke place for the space of (if- teen days, provided that the writing be under some majes- trats hand or by his order.

That the children and serv'ts of such as dweel ncer any- victualling house be not entertayned or suffered by the Mr. of the said house there to drinke and spend their time; but if any such thing can be proved, it be esteemed a misde- meanor punishable in said victualler, and to be enquired into.

It is concluded upon by the Court, that three pieces shott of distinctly one after an other shall be an allarrum. And two pceces to give warning of some house on fier.

It is concluded upon by the Court, that Mr. John Jen- ney shall have liberty to erect a milne for grinding and bea- ting of come upon the brooke of Plymouth, to "be to him and his heirs forever ; and shall have a pottle of come toule upon every bushell, for grinding the same for the space of the two first years, next after the said milne is erected, and afterwards but a quart at a bushell for all that is brought to the milne for others, but if he fetch it and grind it him- selfe or by his servants, then to have a pottle'toule for ev- ery bushell as before.

It is enacted by the Court that there shall be a watch of foure men hyred to keepe watch at New Plymouth, at the publicke charge, for the safety of the person of the Govern- or. And the town of New Plymouth to add more men un- to them to strengthen them as neede shall require.

1(537.— It is ordered by the Court, that there shall be a guard of twelve musketiers to attend the p'son of the Gov'- nor on the Lord's day, and at other times when it shall bi required.

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— Whereas clivers persons unfit for marriage, both in regard of their yeong yeares, as also in regard of their weake estate, some practiseing the inveagleing of men's daughters and maids under gardians, contrary to their pa- rents and gardians likeing, and of mayde servants, without leave and likeing of their masters: It is therefore enacted by the Court, that if any shall make any motion of marriage to any man's daughter or mayde servant, not having first ob- tayned leave and consent of the parents or master so to doe, shall be punished either by fine or corporall punishment, or both, at the discretions of the bench, and according to the nature of the offence.

It is also enacted, that if a motion of marriage be duly made to the master, and through any sinister end or cove- tous desire, he will not consent thereunto, then the cause to be made known unto the magistrates, and they to set down such order therein as upon examinacon of the case shall ap- pear to be most equall on both sides.

It is enacted by the court that according to the former acts of this court concerning labourers wages, that a labour- er shall have I2d a day and his dyett, or I8d a day with- out, dyett, and not above throught the Govern't.

|G 9. — That whosoever shall prophanely sweare or curse by the name of God or any of his titles, attributes, word or works, upon proofe thereof made by sufficient testimony or confession of the party, he shall pay for every such default Xllr/, or be set in the stocks, so that it exceed not the space of three houers, or putt in prison according to the nature and quality of the person.

1040. — That if any persons take tobacco whilst they are empannellcd upon a June, to forfeit five shillings for every default, except they have given up their verdict, or are not to give yt until the next day or dep't, the court by consent.

1041. — It is enacted that every township within this gov-

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45

ernment, do carry a competent number of peeces fix'd and compleate with powder, shott, and swords, every Lord's day to the meetings — one of a house from the first of September to the middle of November, except their be some just and lawful! impedyment.

1642. — That all Smyths within the government be com- pelled to amend and repaire all defective annes, brought unto them, speedily, and to take corn for their pay at reason- able rates ; and the Smyth refusing, to answer it at his p'll.

It is enacted by the court, that all milners within this Govern' t shall provide and keepe weights and scales in their millnes to weigh mens corne withall.

1643. — The guns and peeces allowed for service are these, vizt. musketts, firelocks, and match cocks so that they have foure fathome of match at all tymes for every match- cock, caliver, carbines, andfouleing peeces, so that they be not above foure foote and a half long, and not under bastard muskett or caliver bore.

1644. — It is enacted, that there shall be allowed at the generall charges, a gaurd of two halberts for the safety of the Governors person at the generall court.

1646. — It is enacted by the court, that none do keepe victualling or an ordinary or draw Wyne by retayle, within this Government, but such as are allowed by the generall court, and that if any victualler or ordinary keeper do either drink drunck himself, or suffer any person to be druncken in his house, they shall pay five shillings a peece, and if the victualler or ordinary keeper do suffer any townsmen to stay drinking in his house above an hour at one tyme, the vict- ualler or ordinary keeper shall pay for every such default XIW and by drunckennesse is understood, a person that ei- ther lisp or faulters in his speech by reason of much drink, or that staggers in his going, or that vomitis by reason of

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excessive drinking, or cannot follow his calling. The per- son or persons that shall be found guilty in these or any of them, shall for the first default pay five shillings, and for the second default tenn shillings to the colonies use, and for the third tyme he shall be found faulty, to be bound to the good behaviour. And if he or they cannot or will not pay the fine or fines, then to be sett in the stocks, &c.

Whereas there is great abuse in taking of tobacco in ver- ry uncivil manner in tire streets and dangerously in out- houses, as Barnes, stalls about haystacks, corne stacks and other such places, it is therefore enacted by this courtc, that if any person or persons shall be founde or seene here- after taking Tobacco publickly in the open streets of any Towne, (unless it be soldiers in time of their trayninge) or in and abouts Barnes, Stoules, hay stacks,, corne stacks, hay yeards, or other such places or outhouses, that every suah person or persons so ofFendinge,, shall forfeit and pay to the Townes use, for the first default XIlcl, for the second lis, and soe for every such default afterwards Us, and it shall be lawful and by this act warrantable for the constable of every township, without further warrant, upon sight or information thereof, to distraine his or their goods for it as doe refuse to pay it upon his demand, and to be accounta- ble to the Treasurer of what he receives yearly at the Elec- con Corte.

165:2. — -Ordered by the Court, that whereas in regard of age or disabillitie of bodie, urgent occations and other in- oonveniencies that do accrew, sundrey of the freemen are hindered that they cannot appear att courts of election in consideration whereof, it is ordered and enacted by the court, that any freemen of this corporacon, shall have liber-. tie to send bis vote by proxey for the choise of Governor, Assistants, Commissioners, and Treasurer.

1657. — It is ordered by the court, that in case any shall bring in any Quaker, Rantor or other notoriouse heritiques,

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47

either by land or water into any p'te of this government, shall forthwith upon order from any one magistrate, returne them to the place from whence they came, or clear the gov*- ment of them on the penaltie of paying a fine of twenty shillynges for every weeke that they shall stay in the Gov- ernment after warninge.

1658. — The chiefe marshall is allowed twenty make p, annum for his wages, besides his ordinary fees allowed by the court.

The Fees of the Chief Marshall allowed ly the court.

£. s. el.

It. for serving of an Execution, - - 00 5 00 It. for his journey about it, %d p. mile, - 00 00 00 It. for serving an attachment, - - 00 2 6 It. for a comitment, - - - - 00 2 6 It. for imprisonment, 2s. 6d. per day, - 00 00 00 It. for every action that is entered, - - 00 00 6 It. the one halfe of all fines not exceeding 00 0 00

It is enacted by the court, that the chiefe marshall shall have two shillings in the pound for gathering of fines, &,c. if they bee not brought in by the p'ties themselves.

The under marshall is allowed twenty nobles p. annum, besides his fees allowed by the court.

It is enacted by the court, that the public officers1 wages shalbee paid in corn.

Enacted, that every tovvne that that shalbee defective in the want of a drum att any time for the space of two monthes, shall forfeit the sume of forty shillings to the collonies' use ; that shalbe defective in Coulbers the space of six monthes, four pounds.

1659. — It is enacted by the court, that every cunstable of this jurisdiction, shall have a cunstable staffe, whereby to distinguish them in their office from others, and to bee pro-

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vided by the treasurer, and to bee delivered by the foregoing cunstable to him that succeeds yearly.

For as much as many p'sons are greatly corrupted with the Quakers' doctrines, by reading theire bookes, writings, or epistles, which are sent and distributed into sundry places within this jurisdiction, it is therefore enacted by the court and the authoritie thereof, that encase the cunstable or grandjurymen or marshal! shall fmde or heare of any Qua- kers' bookes, epistles, or writings, hee shall seize on them and pr'sent them to a magistrate or the next court.

1661. — It is enacted by the court and the authoritie thereof, that henceforth no p'son or p'sons shall p'mit any meetings of the Quakers to bee in his house or housing, on the penaltie of being sumoned to the generall court, and there being convicted thereof, shalbe publicly whipt or pay a five pounds to the collonies use.

1662. — The court proposeth it as a thing they judge would be very comendable and beneficiall to the townes where God's providence shall cast any whales, if they should agree to sett apart some p'te of every such fish or oyle for the incouragement of an able and godly minister amongst them.

1685. — Whereas complaint is made unto the court of great abuse in sundry townes of this jurisdiction, by p'sons theire behaving themselves, prophanely, by being without dores att the meeting house on the Lord's daies, in time of exercise, and there misdemeaning themselves by jesting, sleeping, or the like ; it is enacted by the court, and hereby ordered, that the constables of each township of this juris- diction, shall in their respective townes, take speciall notice of such p'sons and to admonish them, and if notwithstand- ing they shall p'sist on in such practices, thatt hee shall sett them in the stockes, and incase this will not reclaim them, that they retumc theire names to the court.

MASSACHUSETTS.

16(jS. — It is enacted by the court, that all the Kinge'3 highwayes within this gov'ment shalbe forty foot in breadth at the least.

1689. — It is enacted by the court, that all such lycenced ordinaries shall not suffer prophane singing, daunceing, or revelling in theire houses, on the penaltie of ten shillings for every default, and that all ordinary keepers be ordered to keep good beer in their houses to sell by retaile, and that some one in every towne bee appointed to see that the beer they sell be suitable to the prise they sell it for.

Whereas great inconvenience hath arisen by single p'sons in this collonie being for themselves, and not betaking themselves to live in well governed families, it is enacted by the court, that henceforth noe single p'sons be suffered to live of himself or in any family, but as the Celect men of the towne shall approve of, and if any p'son or p'sons shall refuse or neglect to attend such order as shalbe given them by the Celect men, that such p'son or p'sons shalbe sumoned to the court to be proceeded with as the matter shall re- quire.

It is enacted by the court, that any p'son or p'sons that shalbe found smoaking Tobacco on the Lord's day, going too or coming from the meetings, within two miles of the meeting house, shall pay twelve pence for every such default to the collonie's use.

For the prevention of the prophanation of the Lord's day, it is enacted by the court and the authoritie thereof, that the Celect men of the severall townes of this jurisdic- tion, or any one of them, may or shall as there may be occa- sion, take with him the cunstable or his deputie, and repaire to any house or place where they may suspect that any slothfully doe lurke att horn or gelt together in companic to neglect the publicke worship of God, or prophane the Lord's day, and rinding any such disorder, shall returne the 5

50 BLUE LAWS OF

names of the p'sons to the next court, and give notice alsoe of any prticular miscarriage that they have taken notice of, that it may be enquired intoe.

1671. — It is enacted by the court, that noe rum shalbe sold in this gov'ment to exceed in prise above five shillings a gallon, or if retailed, towo pence a gill.

1G73. — It is enacted by the court, that on the sixt day of the weeke, in October court and July court, and att noe other courts or other dayes in those weekes, shall Indian business be attended by the court to the prejudice of the other occations of the court and countrey.

1075. — It is ordered by the court, that foure halberteers be in a reddiness to attend the Gov'r and assistants on days of Election ycerly, and two after the Election is over, all the time which that court contineweth.

It is ordered by the court, that whosoever shall shoot of any gun on any unnessesarie occation, or att any game what- sover, except att an Indian or a woolfe, shall forfeite five shillings for every such shott, till further libertie shalbe given.

Kill. — Whereas by frequent and sad experience, great disorder acrews by the great concourse of Indians unto Ply- mouth in court times, in that very oftens they drinke them- selves drunke, whereby God is much dishonored and sober minded men offended ; it is ordered by the court, that all Indians be prohibited from appeering att Plymouth in court times, except upon speciall occations, without order from some one of the magistrates of this Jurisdiction, or a Celect man, on paine of the payment of a fine of five shillings for any that shall appeer without a certifycate as aforesaid, or be publicly whipt.

It is enacted by the court, that all such p'sons in this gov'ir.ent who have served under comission in the late W;;rr

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51

against the natives, shall not be compellable to serve in the Milletary company in any lower capacitie than commission officers ; and those officers who served in lower decree, shall return to theire former stations.

167S. — For the preventing of prophanes increasing in the colionie, which is soe provoaking to God and threaten- ing to bringe judgments upon us, it is enacted by the court as an addition to our printed order, chapter 9th, folio 30th, that none shall come to inhabite without leave, &c, and if any have or shall att any time intrude themselves to inhabite any where within this colionie, not attending the aforesaid order, shall forthwith be warned to be gon out of the colio- nie, which if they shall not speedily doe, then every such offender shall pay five shillings p. weeke for every wecke's continuance in this colionie, after warning to be gon.

16S5. — Voted, that Indian corne, for defraying publicke charge and payeing all publicke officers, be att two shillings sixpence pr. bushell.

That the secretary's wages be fifteen pounds a year, in corne, at two shillings pr. bushell.

16S9. — Ordered by this court and the authority thereof, that if any person, English or Indian, apprehend and bring before authority, any man that is an Indian Enimy, he shall have ten pounds for a reward if he bring him alive, and five pounds if killed, provided it be evident it be an Enimie In- dian.

CAPITAL LAWS OF THE COLONY OF NEW PLYMOUTH, RE- VISED AND PUBLISHED BY ORDER OF THE GENERAL COURT IN JUNE, 1G71.

1 . It is enacted by this court and the auth^'c/ thereof, that if any person having had the knowledge of the (rue God, openly and manifestly, have or w^ship any other God but the Lord God, he shall bep*t to Death.— Exod. 22: 23. Deut. 13 : 6, 10-

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2. If any person within this jurisdiction, professing the true God, shall wittingly or willingly presume to Blas- pheme the Holy name of God, Father, Son, or Holy God, with direct, express, presumptuos, or high-handed Blasphe- my, either by wilful or obstinate denying of the true God, or his Creation or Government of the World ; or shall curse God, Father, Son, or Holy Ghost, such person shall be put to Death. — Levit. 24 : 15, 16.

3. Treason against the Person of our Soveraign Lord the King, the State and Common-Wealth of England, shall be punished by Death.

4. That whosoever shall conspire and attempt any Inva- sion, Insurrection, or Publick Rebellion against this juris- diction, or the surprizal of any Town, Plantation, Fortifica- tion, or Amunition, therein provided for the safety thereof, or shall Treacherously and perfidiously attempt and endeav- our the alteration and subverson of the Fundamental frame and constitution of this Government, every such person shall be put to Death.

5. If any person shall commit wilfull nmrther by kill- ing any Man, Woman, or Child, upon premeditated malice, hatred, or cruelty, not in a way of necessary and just de- fence, nor by casualty against his will ; he shall be put to Death.

6 If any person slayeth another suddenly in anger and cruelty of passion ; he shall be put to Death.

7. If any person shall slay another through guile, either by Poysoning or other such Devlish practices; he shall be put to Death.

8. If any christian (so called,) be a Witch, thai is, hath, or consulteth with a familiar spirit; he or they shall be put to D«uth.

9. If any person lyeth with a Beast or Bruit creature, by earnal copulation, they shall surely be put to Death, and the Beast shall be slain t.nc] buried and not eaten.

SO. If any man lyeth ,v;th mai.Mnde, as he lyeth with a

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Woman, both of them have committed abomination; they both shall surely be put to Death, unles the one party were forced, or be under fourteen years of age : and all other sodomitical filthiness, shall be surely punished according to the nature of it.

11. If any person rise up by false witness, wittingly and of purpose to take away any man's life; he shall be put to Death.

12. If any man stealeth man-kinde, he shall be put to Death, or otherwise grievously punished.

1*3. If any child or children abov e sixteen years old, and of competent understanding, shall curse or smite their nat- ural Father or Mother ; he or they shall be put to Death, un- less it can be sufficiently testified, that the Parents have been very unchristianly negligent in the Education of such chil- dren, or so provoked them by extreme and cruel correction, that they have been forced thereunto, to preserve themselves from Death or Maiming.

14. If a man have a stubborn or rebellious son, of suf- ficient years and understanding, (viz.) sixteen years of age, which shall not obey the voice of his Father, or the voice of his Mother, and that when they have chastened him, will not hearken unto them ; then shall his Father and Mother, being his natural parents, lay hold on him, and bring him before the magistrates assembled in court, and testifie unto them, that their son is stubborn and rebellious, and will not obey their voice and chastisement, but lives in sundry no- torious crimes ; such a son shall be put to Death, or other- wise severely punished.

15. If a man shall ravish a Maid or Woman, committing carnal copulation with her by force ; that is above the age of ten years, or if shee were under ten years of age, though her will was gained by him, he shall be punished with Death or some other grievous punishment, according as the fact may be circumstanced.

16. Whosoever shall wilfully or on purpose, bum any

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House, Ship, Barque, or other Vessel of considerable value; such person shall be put to death, or otherwise grievously punished, as the case and circumstances of it may require.

CRIMINALS.

It is Enacted by this court &c.? that whosoever shall com- mit Adultery with a married Woman, or one betrothed to an- other man, both of them shall be severely punished, by whipping two several times, viz. once, when the court is in being, at which they were convict of fact, and the second time, as the court shall order ; and likewise to wear two capital letters A. D., cut out in cloth and sewed on their uppermost Garments, on the Arm or Back; and if at any time they shall be found without the said Letters so worne, whilst in this government, to be forthwith taken an publick- ly whipt, and so from time to time, as often as they are found not to wear them.

Be it also enacted, that whosoever committeth Fornica- tion before, or without lawful contract, shall be punished by whipping, or else pay ten pounds fine each of them, and be imprisoned during the pleasure of the court, not exceed- ing three days; but if they be, or will be married to each other, then but ten pounds both, and imprisoned as afore- said, by lawful contract, the court understanding the mutu- al consent of Parents, Guardians or overseers, and a solemn promise of marriage made to each other by the parties, be- fore competent witnesses.

And if any commit carnal copulation after contract, be- fore marriage, they shall be amerced each of them fifty shil- lings ; and be imprisoned if the court see reason ; and if any cannot or will not pay, then to be punished by whip- ping. And for the more discountenancing this prevailing evil; the court hath further determined, that such as trans- gress in any of these ways, shall be convict in public court, and their fines to be paid in money.

It is ordered by this court and authority thereof, that if

MASSACHUSETTS.

55

any person shall commit burglary, by breaking up any dwell- ing bouse or ware-house, or shall forcibly rob any person in the Field or Highways ; such offenders shall for the first of- ence, be Branded on the right Hand with the letter B. and if he shall offend in the same kind the second time, he shall be Branded on the other Hand and be severely whipped ; and if either were committed on the Lord's day, his Brand to be set on his Forehead ; and if lie shall fall into the like of- fence the third time, he shall be put to Death, as being In- corrigeable, or otherwise grievously punished, as the court shall determine.

This court taking notice of great abuse, and many misde- meanours committed by divers persons in these'many wayes, profaneing the Sabbath or Lord's day, to the great dishonour of God, reproach of Religion, and grief of the spirits of God's people, Do, therefore order, that whosoever shall pro- fane the Lord's day, by doing unnecessary servile work, by unnecessary travailing or, by sports and recreations, he or they that so transgress, shall forfeit for every such de- fault forty shillings, or be publicly whipt ; but if it clearly appear that sin was proudly, presumptuously and with a high hand committed, against the known command and authority of the blessed God, such a person therein despis- ing and reproaching the Lord, shall be put to Death, or grievously punished at the judgment of the court.

And whosoever shall frequently neglect the public wor- ship of God on the Lord's day, that is approved by this gov- ernment, shall forfeit for every such default convicted of, ten shillings, especially where it appears to arrise from neg- ligence, idleness or prophaness of spirit.

It is ordered, that whosoever shall defame any court of justice, or any of the magistrates of judges of any court in this jurisdiction, in respect of any act or sentence therein passed ; every such offender, upon due proof made, shall be by the court of magistrates, punished by fine, imprisonment, binding to the peace or good behaviour, acording to the

56

BLUE LAWS OF

guilty and measure of the offence or disturbance, to them seeming just and equal.

It is enacted by this court &c, that no person in this gov- ernment, shall wear any Vizards,* or disguise any strange apparel, to lacivious and evil ends and purposes, on penalty of being fined fifty shillings to the colonies use, for every such default, or being publicly whipped or bound to the good behaviour, as the court may see reason.

Whereas, notwithstanding all the care and endeavours of this court, to prevent that great and raging sin of Drunken- ness; yet still many goe on in it ;

Therefore this court doth further enact, that the names of such as are found to be common drunkards in this govern- ment, shall be inrouled or recorded ; and that whatever person or persons, whether ordinary keepers or others, shall give, sell, or lend, either directly or indirectly any strong Liquors, orpwine, or strong Beer, unto any such person or persons, shall forfeit ten shillings, five shillings to the col- onie's use, and five shillings to the informer. And the names of such as are so found in any town, shall be set up in some public place.

And forasmuch as some have been injured by careless taking of tobacco abroad in the streets and near unto Barns, Stables, hay Stacks or corn-ricks ; it is hereby ordered, &lc. that whosoever shall be found smoaking of Tobacco in the streets, or in such places of danger, shall forfeit to the poor of the town, two shillings for every such default, which the constable may without further warrant, distrain and dis- pose of ; and if it can be known that damage did accrue unto any by such careless smoaking of tobacco, it shall be repaired by him that was the occasion of it, or he shall be made to serve it out. Souldiers whilest in Arms, are dis- pensed with to smoak in the field.

* Visors.

MASSACHUSETTS.

51

CIVIL LAMS.

It is ordered, that whosoever of the Freemen, do not ap- pear at Election in person or by proxy, he shall be for such neglect, amerced to the treasury ten shillings.

If any Freeman of this corporation shall be discovered to be notoriously vitious or scandalous, as common lyars, drunkards, Swearers, Apostates from the fundamentals of ^-eli5.ion or the like, or doth manifestly appear to be disaffect- ed to tus government, upon legal conviction of all or any of these, its.^u De ;n tne power of the general court to dis- franchize him u t]iey see cause, from the priviledge of a Freeman.

It is ordered, that ev^y constable shall have Black Staffe tipped with Brasse, as „ badge of his office, which, as he hath opportunity, he shall i„]ie wjth him when he goeth to discharge any part of his rfc, yet notwithstanding, the want of his stafFe shall not h\der him from executing his office in any kinde, if occasional he be without itj nor exempt any from assisting him theh^ that may know him to be the constable.

It is ordered, &c. that every town in\hig government shall have and keep baited and well tended, t>0 "vy00if traps in fit seasons, on penalty of five pounds.

It is further enacted by this court, &c. that if S)y man be sent forth as a souldier, and be so maimed in the st>.vjce that he is disabled from following his occasions, he shai De maintained by the colony whilst he lives, according to hs, quality, and the capacity in which he served ; and when dead, shall have the burial of a souldier.

It is ordered, that whosoever is Licenced to keep a public house of entertainment, shall be well provided of Bedding to entertain strangers and travellers, and shall also have con- venient pasturing for Horses, and hay and provinder for their entertainment in the Winter, and shall not be without good

53

BLUE LAWS OF

beer ; and if any ordinary keeper do frequently fail in any or all of these, upon complaint, he shall lose his License.

It is further enacted, that no in-keeper or ordinary in this government, shall sell Beer for more than two pence the ale quirt, upon penalty of three shillings and four pence for every such offence; nor shall any Vintner or Tavern, gain more than eight pence upon the quart in any Wine or strong Waters that they retail, more than it cost them by th^ butte or caske as they bought it, on penalty of twenty lings forfeiture for such offence duly proved.

And it is further enacted, that no single per^n> labourer or other, shall be dieted in any Inne or Ord^ry. in the town to which he belonged).

And it shall and may be lawful P<" W man t0 seize any Liquor, cyder or Wine, found w th° custody of an Indian or Indians, and have it for his pains, provided he bring the said Indian or Indians before a magistrate, or the selectmen of the town, to be further examined about it.

Whereas divers unrul persons, servants and others in several places of this J°lony> meet together to walk about in the ni<?ht to dri"<> revel or pilfer; the same tending to the corrupting debauching of the youth ; and many offend and pi-Jatnce the peaceable inhabitants of the sev- eral town" ^or Prevent'011 whereof,

Tt ordered by this court and the authority thereof, that aj] p/rsons walking in the fields or streets after nine or ten 0>„ook at night, unless known peaceable and orderly in- habitants, shall be liable to be examined by the selectmen, constable or watch of the town : or if complained on by any other person of the town, and if they cannot give a satisfactory reason for their so doing, he or they shall be had before some magistrate or other person authorized, who uoon the hearing of the case, it appear they have been rude or unreasonably drinking, revelling, gaining, sporting or any ways disturbing, or if it be servants or children, and it be without their Parents or Masters leave, they shall for

MASSACHUSETTS. 59

the first offence be admonished, or pay five shillings to the country,. or sit in the stocks an hour ; and if transgress a second time, to pay ten shillings, or be whipt with ten lashes, and so from time to time, as often as they transgress."

EXTRACTS FROM THE APPENDIX TO THE LAWS OF THE COLONY OF NEW PLYMOUTH.

" Conditions upon which the English at Ley den ivlw intend- ed to remove to America, engaged with some merchants in England, wlw were to he joint adventurers with them.

I. The adventurers and planters doe agree, that every person that goeth, being sixteen yeers old and upwards, bee rated at lean pounds, and that tenn pounds be accounted a single share.

II. That he that goeth in person and furnisheth himself out with tenn pounds, either in money or other provisions, be accounted as having tenn pounds in stocke, and in the division, shall receive a double share.

III. The persons transported, and the adventurers, shall continue their joint stocke and partnershipe, the space of seavenyeres, except some unexpected impediments do cause the whole company to agree otherwise ; during which time all profits and benefitts, that are gotten by trade, tralncke, trucking, working, fishing, or any other means, of any other person or persons, remaine still in the common stocke, until the division.

IV. That at their coming, they shall chuse out such a number of fit persons as may furnish their shipes and boats for fishing upon the sea : imploying the rest in their several facultyes upon the land, as building houses, tilling and planting the ground, and making such commodities as shall be most useful for the colony.

V. That at the end of the seaven yeeres, the capital and profits, viz. the houses, lands, goods and chattels, be equally

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BLUE LAWS OF

divided amongst the adventurers : if any debt or detriment concerning this adventure, *

VI. Whosoever cometh to the colony hereafter, or put- tcth any thing into the common stocke, shall, at the end of the seaven yeeres bee allowed proportionably to the time of his soe doing.

VII. He that shall carrie his wife or children, or ser- vants, shall be allowed for every person, now aged sixteen yeeres and upward, a single share in the division ; or, if he provide them necessaries, a double share ; or if they be be- tween tenn years old and sixteen, then two of them to bee reconed for a person, both in transportation and division.

VIII. That such children that now goe, and are under age of ten yeeres, have noe other share in the division, than fivety acres of unmanured land.

IX. That such persons as dy before the seaven yeeres be expired, their executors to have theire parts or share at the division, proportionably to the time of their life, in the colony.

X. That all such persons as are of the colony, are to have meat, drinke and apparel, out of the common stocks and goods of the said colony."

" SUBMISSION OF INDIAN SACHEMS.

September 13, Anno Dom. 1621. Know all men by these presents, that we, whose names are underwritten, do acknowledge ourselves to be the royal subjects of King James, King of Great Britain, France and Ireland, defender of the faith, &c. In witness whereof, and as a testimonial of the same, we have subscribed our names or markes as followeth.

Ohquamehud, Nattawahunt, Quadaquina,

Cawnacome, Caunbatant, Hultmoiden,

Obbatinnua, Chikkatabak, Appannow.

* " Here something seems to be wanting, which cannot now be suppli- ed."— Bell. Amer. Biog. II. 128.

MASSACHUSETTS. 61 " ESTABLISHMENT OF A MILLITAHY COMPANY.

August 29, 1643. The court hath allowed and established a military disci- pline to be erected and mayntained by the towns of Plym- outh, Duxborrow, and Marshfield, and have also heard their orders and established them, viz :

ORDERS.

1. That the exercise be always begun and ended with prayer.

2. That there be one procured to preach them a sermon once a yeare, viz. at the Eleceon of their officers, and the first to begin in Sept'r. next.

3. That none shalbe received into this miilitary company but such as are of honest and good report and freemen, not servants, and shall be well approved by the officers and the whole company or the major part.

4. That every person, after they have recorded their names in the miilitary list, shall from tyme to tyme be sub- ject to the comaunds and orders of the officers of this Miili- tary Company in their places respectively.

5. That every delinquent slialbe punished at the discre- tion of the officers, and the Miilitary Company or the major part thereof, according to the order of Miilitary discipline and nature of the offence.

6. That all talking and not keeping sylence during the time of the exercise, jereing, quarrelling, fighting, dept'ing. collers w'thout lycence or dismission &c. or any other mis- demeanor, (so adjudged to be by the officers and the com- pany or the maj'r. p't. thereof) to be accounted misdemean- ors to be punished as aforesaid.

7. That every man that shall be absent (except he be sick or some extraordinary occation or hand of God upon him) shall pay for every such default Us. And if he refuse to pay it upon demaund or within one month after, then to

6

G2

BLUE LAWS OF

appear before the company, and to be distrayned for it and put out of the list.

S. That if any man shall (upon the dayes appoynted) come w'thout his armes or with defective armes, shall for- fait for every trayneing day as followeth :

For want of a musket or peece approved every time Vie/.

For want of a Sword, YId.

For want of a Vest, VI<7.

For want of Bandeliers, YId

Six months tyme given to provide in.

0. That every man that hath entered himself upon the military list, and hath not sufficient armes and doth not or will not pr'cure them within six months next ensuing, his name to be put out of the list.

10. That there be but sixteene pikes in the whole company (or at the most for the third p't.) viz. VIII for Plymouth, VI for Duxborrow and II for Marshfield.

11. That all that are or shalbe elected chiefe officers in this Military Company, shall be so titled and forever after- wards be so refuted, except he obtayne a higher place.

12. That every man entered into the millitary list, shall pay YId the quarter to the use of the company.

13. That when any of this Millitary Company shall dye or depart this life, the company upon warneing, shall come to- gether with their armes and inter his corpes as a souldier and according to his place and quallytye.

14. That all that shalbe admitted into this Military Com- pany, shall first take the oath of fydellyty if they have not taken it already or els be not admitted.

15. That all postures of pike and musket, motions, rankes and files &c. messengers, skirmishes, seiges, batteries, watches, sentinells &c. bee alvvayes p'rformed according to true military discipline.

16. That all that will enter themselves upon this compa- ny shalbe propounded one day, received the next day if they be approved.

MASSACHUSETTS.

63

The Rev'd. Roger Williams the subject of the follow- ing record was an Englishman of high standing, not only in his native country, but in the wilds of America. In 1G31 disliking the formalities of the Church of England, he sece- ded from it and joined himself to the dissenters and fled to this country, to avoid the persecutions that then raged vio- lently in England, civil and religious liberty were then strangers in New England, and Mr. Williams advocated them with an intrepidity that awakened the attention of the more rigid of the opposition and of many of his friends, on his arrival in this country, he first located himself at Boston, but at the time of his trial resided at Salem, where he had the charge of a large church and congregation, who esteemed him for his strong powers of mind, highly culti- vated; his purity of character as a christian teacher, for his liberal and enlarged views on the subject of civil and religious liberty, with his accustomed pious frankness, he did not hesitate to advance his sentiments unreservedly, and denied the right of the civil magistrates to govern or legis- late on ecclesiastical affairs.* Which soon caused him to be arraigned upon the charges hereto annexed, and for which he was in October 1635, tried and sentenced to banishment from the colony. But the Court who had so unjustly banished him, s'.ill possessing too much of the milk of human kindness to drive Mr. Williams at that sea- son of the year with his family, into the wilderness at the mercy of the savages, gave him liberty to remain in the colony until the next spring, upon condition that he should not disseminate his doctrines and opinions to their citij- izens — which favor he gladly accepted, and remained there until the January following, when he was informed, that his accusers were about to send him back to his persecuters in England, he therefore forthwith made his escape from Salem, in the midst of winter, and fled to the Indians in Rhode Island, where he was kindly and favorably received,

* Wintlirop.

64

BLUE LAWS OP

by the chief Sachem at Mount Hope, who made him a grant of a valuable tract of land at SecunJc, but even on this fa- vored lot of his refuge, he was not long suffered to remain but was ordered by the colonist to cross the river, they claiming the lands upon which he was then located as be- longing to the colony of Massachusetts. He accordingly in the spring (with his servant) crossed the river where he once more planted himself, and laid the foundation of the now city of Providence, where lie resided many years, an instrument in the hands of the Lord, to protect the lives, lib- erty, and property of his persecutors in the colony from which he was banished; from the scalping knife and toma- hawk of the ruthless savage, over whom he had gained an influence and control by his kindness to them, he alone was enabled to conciliate the angry passions and revengeful dis- positions of the Indians about him, and save the bloodshed of the Massachusetts colonists. Mr. Williams soon after he formed his colony at Providence, became Law-giver and Minister to his infant colony, and formed his constitution upon the broadest principles of civil and religious liberty, and equal rights, and was the first Governor in North Amer- ica, "who held liberty of conscience to be the birthright of man." Roger Williams was the first founder of a Bap- tist Church in America, which took place in the year 1639 less than two centuries since, and that little band of Chris- tians with that pious Father at their head now number in the United States 452,000 members, all of which important facts and events with many others equally interesting origin nated from the following Record.

Hccord of trial and charges, vs. Rev. Roger Williams.

* At a general court, July 8th, 1635, Mr. Williams of Salem, was summoned, and did appear. It was laid to his charge, that being under question before the magistracy

* Winthrop's Journal.

MASSACHUSETTS.

G5

and churches for divers dangerous opinions, viz., 1. That the magistrate ought not to punish the breach of the* first table, otherwise than in such case as did disturb the civil peace. 2. That he ought not to tender an oath to an un- regenerate man. 3. That a man ought not to pray xoith such, though wife, children, &c. 4. That a man ought not to give thanks after sacrament, nor after meals ; and that the other churches were about to write to the church of Salem to admonish him of these errors, understanding the church had called him to the office of a teacher. The said opin- ions were adjudged by all the Magistracy and Ministers, (who were desired to be present,) to be erroneous, and very dangerous, and the calling of him to office at that time, was adjudged a great contempt of authority. So in fine, there was given to him and the church of Salem to consider of these things till the next General C3iirt, and then either to give satisfaction to the court, or else to ex- pect the sentence; it being professedly declared by the min- isters, (at the request of the Court, to give their advice,) that they who should obstinately maintain such opinions, (whereby the church might come into heresy, apostacy, or tyrany, and yet the civil magistrate could not intermeddle,) were to be removed, and that the other churches ought to request the magistrate so to do.

In this whole affair we cannot fail to discover the super- intendence of a wise and holy providence causing the wrath of man to praise him, and restraining that portion of which that would not work his glory.

The parallel in some important points is striking be- tween the persecutions inflicted on Joseph by his brethren, and the persecutions of Williams by his brethren in Massa- chusetts. Joseph was wickedly banished to a land of stran- gers by his brethren, because they envied him on account

* First Commandment — " Thou shalt love the Lord thy God with all thy heart."

6*

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BLUE LAWS OF

of the superior light communicated to him from on high. So Williams was envied by his brethren for the same rea- son, for he was in advance of the age in which he lived, and the envy of his brethren carried out, resulted in his ban- ishment to a dreary wilderness in the midst of winter, sub-- ject to the caprice of merciless savages.

Of Joseph it is said — " God was with him" in his exile,, and gave him favor with the rulers and people. So was-, it with Williams in his banishment in a most remarkable- degree, insomuch, that penetrated with a conciousness of" this truth, that he named the place of his refuge, " Provi- dence" which name continues to mark the spot to this day. In the case of Joseph, the sacred historian informs us, that although his brethren " meant it for evil," yet " God meant it for good, to save much people alive," and to carry for- ward his purposes of mercy, by making Joseph the saviour of much people. So in the case of Williams, God was pleased to allow the unholy wrath of his brethren to burn against this eminent philanthropist, statesman, and servant of his, on the account of his superior light, and more en- larged views of civil and religious liberty, until it resulted in the entire severance of Williams from them and their order.

This opened the way for his laying the foundation of an independent state government, based on the broad principles of civil and religious liberty. Such as the world till then had never seen or known.

Joseph became honored in his exile as the saviour of his people, while the pride of his elder brethren was humbled. So Williams from the elevated stand which he occupied in the confidence, and affections of the red men around him, was enabled at the fearful onset, when the restless spirit of some of the Massachusetts colony, had incited the Indians to wage a war of extermination against that colony, to in- terpose his friendly offices and save them from impending ruin. At the salutation of his persecutors, now terror

Massachusetts.

61

stricken by the invasion of the merciless foe, Williams meekly takes his life in his hand, alone and unarmed, except with his staff, prompted by a spirit of genuine benevolence, penetrated even to the centre of the savage encampment, as the Indians were just ready to fall upon their prey, and succeeded in negotiating a peace for his envious and perse- cuting brethren, and thus he saved them alive in the hour of peril.

The same is true in this case, as in another. " This poor wise man, by his wisdom, saved the city, yet no one remem- bered this poor wise man."

The charges were not finally tried and closed, until Oc- tober following the above date, when the trial closed, and the following is the record.

Massachusetts Records, 1635.

" Whereas Mr. Roger Williams, one of the elders of the church of Salem, hath broached and divulged divers new and dangerous opinions, against the authority of magistrates, as also written letters of defamation both of magistrates and churches here, and that before any conviction, and yet maintaineth the same without retraction : It is therefore or- dered, that the said Mr. Williams shall depart out of this jurisdiction within six weeks now next ensuing, which, if he neglects to perform, it shall be lawful for the Govr. and two of the magistrates, to send him to some place out of this jurisdiction, not to return any more, without licence from the court."

Blassachusctts Record, 1644.

" Richard Waterman, being found erroneous, heretical and obstinate, it was ordered, that he should be detained prisoner till the quarter Court in the seventh month, unless five of the magistrates find cause to send him away, which

68 BLUE LAWS OF MASSACHUSETTS.

if they do, it is ordered, he shall not return within this ju- risdiction wpon pain of death."*

* There are many cases of banishment for heresy upon those ancient records, which often reminds me of the golden remark of a learned theo- logian.

" To banish, imprison, starve, hang and burn men for their religion, ia not the gospel of Christ but the gospel of the Devil. Where persecutioa. begins, Christianity ends; and if the name of it remains, the spirit i% gone. Christ never used any thing like force or violence except once,, and that was to drive bad men out of the temple and not to drive thenx in." — Jurtin.

BLUE LAWS OF CONNECTICUT.

A true copy of the ancient record of the colony of Con- necticut, commencing at Newtown, (now Hartford,) April 26, A. D. 1636, as literally transcribed by the compiler, which is three years before even a Governor was chosen over the colony of Connecticut, and at the date above, was composed of what is now called Hartford, Y/ethersfield and Windsor. Embracing the decisions of Courts, Acts of the General Court or Legislature, for nearly three years.

At a court holden at Newtown, 26th April, 1636 — Roger Ludlow Esqr., Mr. Westwood, Mr. Steele, Mr. Ward, Mr. Phelps*

It is ordered, that from henceforth, none that are within the jurisdiction of this court, shall trade with the natives or Indians, any piece, or pistol, or gun, or powder, or shot, under such heavy penalty as uppon such misdemeanour, the court shall think meet.

Constables sworn for Dorchester, (now Windsor,) New- town, (now Hartford,) and Watertown, (now Wethersfield,) for this next year and until! new be chosen, are Henry Wol- cott for Dorchester, Samuel Wakeman for Newtown, and Daniel Jinch for Watertowne.

* Court of Magistrates then formed the General Court.

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EIXE LAWS OF

Whereas, there was a dismission granted by the town of W atertowne, in the Massachusetts, dated the 29th day of March last, to Andrew Warde, Jo. Sherman, Jo. Strickland, Robert Coe, Robert Reynold, and Jonas Weed, with in- tent to joine anewe in a church covenante in this river of Connecticutt, the said parties have soe accordingly done with the publicise allowance of the rest of the members of the said churches as by certificate now produced, appears. It is now therefore, in this present court ratified and con- firmed, they promising shortly, publicklee to renewe the said covenant uppon notice to the rest of the churches.

At a Court held at Dorchester, June 7th, 163G, Mr. Lud- low, Mr. Westwood, Mr. Phelps, Mr. Ward, (Judges.)

It is ordered that there shall be a sufficient watch main- tayned in every towne, and that every Constable of each towne, shall duely warne the same, and see that the Inhabi- tants or residents doe severally in their turn, observe the same, according as the Inhabitants do agree, which said watch shall begin and end with the courte or Magistrates shall think meete.

It is ordered, that Samuel Wakeman and George Hub- bard shall survey the breadth of the plantation of Dorches- ter, how far it shall extend above Mr. Stiles's, and shall no- tifie unto the next Courte, their proceedings therein, to the end that they may be then confirmed, and that they shall have from the said towne satisfaction for their paynes. And the said Samuel Wakeman shall doe the same for Water- towne in their breadth towards the mouth of the river, and have the like satisfaction, and this to be done without fayle before the next court, uppon penalty of 40 shillings of each head that shall fayle therein.

It is ordered, that every souldier in each plantation shall have in his house in readiness, before the end of August next, two pounds of powder, and that they shall shew yt uppon the penaltee of x. s, for every fayling in this, pre-

CONNECTICUT.

71

sendee to be levied by the said Constable without resist- ance, as also, twenty bulletts of leade in the like readiness, uppon the same penalty, and in the same manner to be levied.

At a Court held att Watertowne, lo. 7br. 1836. Roger Ludlow Esq. Mr. John Steele,

Mr. Win. Swaine, Mr. Wm. Phelps,

Mr. Andrew Warde, Mr. Wm. Westwood.

It is ordered that the order concerning powder and bulletts of the 7th of June last, be now presentlee published in the several Plantations, and that there be a respite given, untill the end of this instant month, and then to be put in execu- tion without fayle.

It is ordered, that every Plantation shall trayne once in every month, and if upon complaint of their military officer, It appears that there be diverse very unskilfull, the said plantation may appoint the said officer to trayne oftener, the said unskilfull. And that said officer take view of their arms, whether they be serviceable or noe, and in default of every soldiers absence, the absent to pay 5s. for every tyme, without lawful excuse within two days after, tendered to the company, or one of them, in the said plantation; and for any default in arms, after warning, to them by the said Officer to amend the same, and a tyme sett, and if not then amended by the tyme appointed, to pay Is. every tyme, and where arms are wholly wanting, to be bound over to answer it at the next courte.

It is ordered by consent of Seely Plant, against the

Inhabitants of theTo.vae of Watertowne Deft's that a Ju- rer shall be withdrawn, and that, the Deft's do undertake to produce an order wherein they will make it appear if the Inhabitants of the said Town did not remove with their fam- ilies to Connecticutt by the end of this instant month or els there was noe propriety due to to them in the divident of the lands of the said towne, and that the hand or the con-

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BLUE LAWS OF

sent of the said William Bassum is thereunto, and if the said Order be not produced here to the Courte by the second Courte after this, the Inhabitants are to pay the PlantifF dam ages.

Seely Plaintiff— Inhabitants of Watertown, Deft's.— The Jury find for the Pl'ff — That he is to have as an adventurer and as a man, that was in the condition that Bassum, un- der whome he claymes was in.

Guilford, June 16th, 1665. This is to certify, all whome it may concern, that upon his certain knowledge (by the advice of the Court) Weath- ersfieldmen gave so much unto Lowheag as was to his sat- isfaction for all their plantations lying on both sides of the great river with the Islands, to wit, six miles in breadth on both sides of the river and six deep from the river westward, and three miles deep from the river Eastward, Thus testify- eth George Hubbard. Taken upon oath before me,

WILLIAM LEETLE.

A cortc held at Newtown, 1st November, 1636, (same persons holding s'd Courte.

It is ordered that Jo. is to return to his master Mr. Stiles, who hath his indenture and the s'd. Mr. Stiles is to pay Win. 10s for his passage, if not, the court will take order in the same as they shall see meet.

A Court at Newtown, 27th Dec. 1636. (Same Judges) — It is Ordered that Daniel Finch "shall have for six employments about Mr. Oldhams Estate and a carte 13s. 6fZ.

It is ordered that all the creditors of Mr. Oldham in the river of Connec'tt. bring in their debts before the next Court or else he shall not be deemed as a Creditor in the Estate that is now extent.

21st February, 1636.— (Same Court.) Whereas is was Ordered that Samuel Wakeman, George

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Hubbard, and Stoughton were to consider of the bounds of Dorchester, towards the Ffals, and Watertown towards the mouth of the river; the said Samuell Wakeman, George Hubbard think the Plantation of Dorchester, shall extend towards the ffals on the same side the plantation stands to a brook called little brook and so over the great river uppon the same line, that Newtown and Dorchester doth betwene them, and so it is ordered by the Court.

It is ordered that the Plantation now called Newtown shall be called and named by the name of Hartford towne and likewise the plantation now called Watertowne, shall be called and named Weathersfield.

Samuel Wakeman and Anceint Stoughton do think meet that the bounds of Weathersfield shall be extended towards the River's mouth on the same side it standeth to Ira, six miles downward from the bounds between them and Hart- ford marked with N. ff. — and to run in an East and West line over the great river, the said Weathersfield to begin at the mouth of Pewterpot brook and then to run due East in- to the country three miles and downward six miles, in breadth north, is ordered accordingly.

It is ordered the plantation called Dorchester, shall be called Windsor.

The Bounds between Weathersfield and Hartford, are agreed all the side where they stand to be at a tree mark- ed N. H. and towards the pale of the said Hartford is fixed to goe into the county due East, and out the other side the great River from pewterpot brook at the lower side Hocca- num east into the country, which is now ordered accordingly.

The Bounds between Hartford and Windsor, is agreed to be at the upper end of the great meadow of the said Hart- ford towards Windsor, at the pole that is now sett there upp by the said Hartford which abutting uppon the great river up- pon a due East line as parralell to the said East Line as far as they have now poled, and afterwards the bounds to goe into

the country uppon the same west line, But it is to be so much 7

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shorter towards Windsor as the place where the skirte that comes, is along the head of the said meadow and falls into the said great river is shorter than their pole, and over the said great River the said Plantation of Windsor is to come to the river's mouth that falls into the said great River of Connecticut, and there the said Hartford is to run due east into the country, which is Ordered accordingly.

It is ordered that noe young man that is not married nor hath any servant, and be noe public Officer, shall keep house by himself without consent of the towne where he lives first had, under paine of 20s. per week.

It is ordered that noe master of a family shall give habi- tation or entertainment to any young man to sojourn in his family but by the allowance of the inhabitants of the said towne where he dwells, under like penalty of 20s. p'r week, these two last orders to take effect the first of April next.

At a court at Hartford, March 2, 1637. (Same Judges.)

It is ordered that Mr. Francis Stiles shall teach George Chappel, Thomas Coop, and Thomas Barber, his servants, in the trade of a carpenter, according to his promise for their service of their term behind 4 days in a week onely to shave and slit their own work, they are to frame themselves with their own hands together with himself or some other master workman the time to begin for the performance of this or- der fourteen days hence without fayl.

It is ordered that every Juryman shall have six pence for every action that is given to them uppon evidence, to be paid by him the action goes against.

The 1st day of May, 1637, General Court at Hartford.

Mr. Ludlow, Mr. Welles, Mr. Swaine, ( Mr. Phelps, Mr. AVarde, Mr. Steele. J

Mr. Whiting, Mr. Webster, Mr. Williams, j

Mr. Hull, Mr. Chaplin, Mr. Talcott, V Committee.

Mr. Hosford, Mr. Mytchell, Mr. Sherman, )

It is ordered that there shall be an offensive war against

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Pequotts, and that there shall be ninety men levied out of the three plantations, Hartford, Weathersfield and Windsor viz. out of Hartford forty two men, Windsor thirty, Weath- ersneld eighteen under the command of captain Jo'n. Ma- son, and in case of death or sickness under the command of Robert Seely, Lieut, and the eldest Sergeant or millitary officer surviving, if both these miscarry.

It is ordered that Hartford shall find 14 armour in this design, Windsor six.

It is ordered that there shall be one good hogshead of beer for the captain and minister, and sick men, and if there be only three or four gallons of strong water, two gallons of sacke.

It is ordered that Windsor shall provide sixty bushels of corne, Hartford eighty four bushels, Weathersfield thirty six bushels of this, each plantation to bake in biskett the one half, if by any means they can, the rest in ground meale, Weathersfield seven bushels to be allowed upon accompt.

Hartford is to provide three firkins of suet, two firkins of butter with that at the Rivers mouth, four bushels of oat meale, two bushels of pease, five hundred offish, two bush- els of salt. Weathersfield one bushel of Indian beans, Wind- sor fifty pieces of pork, 3tW>s. rice, and four cheeses.

It is ordered that every souldier shall carry with him lib, of powder, <ilbs. of shott, 20 bulletts, one barrell of powder from the rivers mouth, and a light gun if they can.

It is ordered that Mr. Pynchions shallop shall be taken, to be employed in this design.

June 2f/, 1G37, A gtncrall courtc at Hartford,

It is Ordered that there shall be sent forth 39 men out of the several Plantations in this river, of Connecticutt to sett down in the Pequot country and River in a place con- venient to maintayne our right which God by conquest hath given us, and Lieut. Seely shall have the command of them,

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The men arc to raise 14 out of Hartford, ten out of Wind- sor, six out of Weathersfield.

It is ordered that sixty bushells of corn, shall be provided for the design abovesaid, Windsor 20 bushels, Hartford 23 bushels, Weathersfield twelve, one hogshead of pease, two bushels of oat meale, 150/&5. of beef, SOlbs. of butter, (viz.) Windsor 30, Weathersfield 30 for each.

26th June, 1G37, Hartford General Courtc.

It is ordered that ten men more shall be levied out of the plantations aforesaid to goe in the design against the Pequots as an addition to the former 30, viz. five out of Hartford, Windsor three, Weathersfield two.

It is ordered that Mr. Haynes and Mr. Ludlow, shall goe to the mouth of the River to treat and conclude with our friends of the Bay, either to come with their force in prose- cuting our design against our enemies, or if they see cause by advice to enterprise any action according to the force we have, send to parley with the Bay about our setling downe in the Pequotte country.

It is ordered that there shall be one hogg provided at Weathersfield, for the design in hand, which is conceeved to be Nathaniel Fosters, 20<%s. of butter, half a hundred of cheese, Hartford, 20!bs. of butter, half a hundred of cheese, Windsor, one ram goat, 2Qlbs. of butter, half an hundred of cheese, one gallon of strong water, Hartford, one hundred of beef from Mr. Whiting, Windsor three bushels of malt, 2 bushels from W eathersfield — Mr. Welles two.

General Court, Tucselay Nov. litJi, 1637, Hartford.

Haynes, Welles, Hull, Ward, Swaine, Mitchell, Whiting, Goodman, Smith, Ludlow, Phelps, Capt. Mason, Goodman Bacon.

It is ordered that every common soldier that went in the late design against the enemy the Pequotts, shall have Is. 3d,

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per clay for their service, at six days to the week ; the sear- geant 2s. p'r. day the Lieutenant 20s. p'r. week, and the Cap- tain 40s. p'r. week — Any man that was publicly employed in the said service and diet themselves, shall have 2s. per day, and that the said payment shall be for a month although in strictness there was but three weeks and three days due, such as did return from the Forts and never went into the service to be allowed but for 12 days.

It is ordered that the pay in the second design shall be the same as the former, and the time a month as abovesaid.

Hartford, Februar y*1637.

Haynes, Plumb, Ludlow, Mytchell, Welles, Mason, present.

Whereas upon serious consideration we conceived that the Plantation' in^this River will be in some want of Indian corne and in the same consideration we conceive every man may be at liberty to trade with the Indians upon the River, where the supply of corn in all likely hood is to be had to furnish their necessities, the market of corn among the Indians may be greatly advanced to the prejudice of these plantations, we therefore think meet and do so order that no man in this River, nor agawam shall go to the River among the Indians or home at their houses to trade for corn, or make any contract or bargain among them for corn either privately or publicly upon the pain of 5s. for every bushell that he or they shall trade or contract for — This order to endure untill the next general court and untill there will be a settled order in the thing.

It is ordered that there shall be a particular Court on the

first Tuesday of May, at Hartford and then and John

are to bee handled — Therefore the several ^creditors are then to come and make their claims.

It is ordered that there shall be forthwith a levy of five hundred and twenty pounds to be levied to defray the charge of the late design of war that is allready past. Agawam, 7#

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£26 : 16 : 00— Windsor, £US : 2 : 0— Hartford, =£251 : 2 • 0. Weathersfield, £124 : 0 : 0.

The payment to be made either in money or in vvampom at four a penny, or in good and merchantable beaver at 9s. per pound.

It is ordered that there shall be general notice given in all the plantations that there be any guns, swords, belts, bandil, kettles, pots, coolers, or any thing else that belongs to the commonwealth, that were lost, landed or left in any plantations, they are to be delivered into the hands of the said constables of the said towns, and the said Constables to bring them to the next court at Hartford, and if after the said notice there shall be any things found in any mans house or custody, it concerning the said commonwealth, they shall be subject to the censure of the court for their tenure or concealing.

It is ordered that the Genl. Court now in being, shall be dissolved and there is no more attendance of the mem- bers thereof to be expected except they be chosen in the next general court.

A general court holdcn at Hartford, and die March 1637, Welles, Mitchel, Ludlow, Plumb, Smith, Pincheon, Phelps, Committee.

Capt. Mason, Mr. Talcot, Rayner, Hubbard, Ludlow, Webster, Thos. Marshall, Jos. Kibbee, Treete, Hull, and Ward.

Thurston Rayner being chosen a committee for the town of Weathersfield, being noio absent is fined 5s. to be paid forthwith.

Whereas Mr. Pincheon was questioned about imprison- ing an Indian at Agawam, whipping an Indian and freezing of him, the court is willing to pass over Mr. Plums failings against an Indian.

It is ordered with the consent of Mr. Pyncheon that the said Mr. Pyncheon will deliver at Hartford, good merchant- able indian corn at 5s. per bushell as far as 500 bushells

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will go at, if he can save by that, at the residue, he is to have 5s. 2d. per bushell, provided also that that provision that Windsor is to take shall be landed there at Mr. Lud- lows, in consideration whereof, there is a restraint of any to go up the river to trade with the Indians for corn. Also if any Indians bring down any corn to us, we are not to ex- ceed 4s. per bushell, as also in case of necessity that any family or families do complain of present necessity, they are to repair to the magistrates which may advice them for the supply, altho it be to the dispensing with this Order pro- vided also that if the said Mr. Pyncheon be enforced to raise the price with the Indians of six pieces of wampum a piece, then the plantations are to increase the pay of 5s. per bushell if he can abate any thing, he will sett of so much of 5s. per bushell the payment, to be made in wampum at 3s. a panny or merchantable beaver at 9s. per pound.

It is ordered, that whoever doth disorderly speak private- ly during the setting of Court with his neighbour or two or three together, shall pay Is. if the court so think meet.

It is Ordered that Captain Maloy, Mr. Allen, Mr. Ward, shall go to Agawam and treat with the Indians concerning their tribute towards the charges of the warrs, to the value of one fathom of wampum a man. Wawattock, a fathom and a quarter.

It is ordered, that Mr Ludlow, Mr. Hopkins, shall have a power to deal with Elias Parkman about his vessel to go to the Narragansett to trade for corn, and they are likewise to take up such commodities as may freight the said vessel, to the end aforesaid, and do thereon what they see meet, that may tend to the publick in that way, and that Planta- tions shall bear the charge of the said freights, and have the proceed of the corn, and trade according to the proportion of the last publick rate to the warrs, as also of what comes from Agawam.

It is ordered that no commissioner or other person shall bind, imprison or restrain, correct or whip any Indian or

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Indians whatsoever, in his own case, or in the case of any others, nor give them any menacing or threatning speeches, except it he in case any Indian shall assault or affront their person or persons, or shall find them either wasting, killing or spoiling any of their goods or estate, and he or they shall find them so doing, and in that case, if they refuse to come before a Magistrate, they may force them to go and bind them if they refuse. But if any injury or trespass be offered or done by any Indian or their dogs, he or they are to complain to some Magistrate or Magistrates, provided always, that any two Magistrates together, may upon any special occasion send for any Indian to come before them, and if they see cause to restrain and imprison him or them, and in case of refusal or contumacy or other extraordinary occasion, to send force to apprehend or take him or them, i.~ they see cause.

It is ordered, that there shall be fifty cutlasses provided in the plantations. Hartford 21 cutlasses, Windsor 12, Weathersfield 10, Agawam 7, which are to be pro- vided within six months at fatheresl, and these cutlasses are to be viewed by the military officer that is provided for that purpose, and if he disallow them as insufficient, they are to provide better. And also that the said Towns are to give in the names of such as are to find the said cutlasses, at the next general court, and then such as shall fail to pro- vide by the day afores'd, shall forthwith pay ten pounds and five shillings pr. month, untill he hath supplied them, and it shall also be lawful for the said military officer to call for the s'd cutlasses to view whether they be in repair or not.

It is ordered that Captn. Mason shall be a publick milita- ry officer of the plantations of Connecticut, and shall train the military men thereof, in each plantation, according to the days appointed, and shall have £i0 pr. annum, to be paid out of t lie treasury quarterly, the y>ny to begin from the day of the date hereof. This order to stand in force for a

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year, and until] the general court make another order to the contrary.

It is also ordered, that Captn. Mason shall train the mil- itary men thereof in every plantation ten days in every year, (so as it be not in June or July,) giving a weeks warning before hand, and whosoever is allowed a soldier, and fail to come at the time appointed by the said publick officer, to pay for his default 3s Ad for that time, and if it be usual, for the second offence 5s. and if not amended, then the said delinquent is to be bound to answer it at the next court.

Item. — It is ordered, that all the sons shall bear arms, that are above the age of sixteen years, unless they do ten- der a sufficient excuse to court, and the court allow the same.

It is ordered, that there shall be a magazine of powder and shot in every plantation, that the supply of military men, if occasion serve — Hartford two barrells, Windsor one barrell of powder, 3001b. lead, ¥/eathersfield 1 barrell of powder and 3001b. lead, Agawam half a barrell of powder and 1501b. lead, and every military man is to have continu- ally in his house in readiness, half a pound of good pow- der, two pounds of bulletts, suitable to his piece, one pound of match, if his p;ece be a match sort, and whosoever fails of his half pound of powder, two pounds of bulletts and match, to pay as far every time that is wanting. The plan- tations or plantation for not providing the said magazine of powder and lead within this three months, to pay forty shill- ings, and ten shillings for every month until it be provided.

It is ordered, that there shall be a measure of each planta- tion brought to Hartford on the next particular Court, and then there will be a settled course for a measure in each plantation. The Gen'l Court is appointed on 22d of this instant month.

It is ordered, that all orders formerly made concerning military discipline until the orders of court, shall be void.

Whereas it was ordered orto die, last that there should be

83 BLUE LAWS OF

ft restraint of Trading for corn, in regard of some with Mr. Pynclicon to supply the plantations, upon consideration of Mr. Pyncheon, that he is somewhat fearfull of supplying the plantations, and whereas there is a clause in case of ne- cessity the magistrates may dispence with the orders. It is therefore Ordered, that Mr. Ludlow and Captain Mason, or either of them, taking likewise such with them as shall he meete, shall trade to supply their own necessities and the necessities of some others that are in want.

It is ordered in the setting forth clause, that Mr. Phelps, Mr. Whiting, Mr. Winchel) is to agitate that business for the commonweal 111.

Upon the complaint of Amarnett and the Indians cohab- iting with him about Lieut. Holms1 s denying the planting of the old ground planted last year about Plymouth house. It was ordered, that they should plant the old ground, they planted the last year, for this year only, and they arc to sett their wigwams in the old ground, and not Without.

\A general court at Hartford, the 5th day of Jan'y, 1636.

Thomas Ford, Mr. Plumb, Mr. Hubbard, Mr. Ludlow, Mr. Phelps, Mr. Pincheon, Mr. Marshall, Mr. Welles, Mr. Smith, Captain Mason, Thomas Ford, Thomas Marshall, Mr. Ray. ner, George Hubbard, are fined Is. apiece, for failing at the hour appointed, which 7 of the clock.

It. is ordered, that there shall be five sent to Warranock Indians to declare unto them that we have a desire to speak unto them, to hear the reasons why they said they were afraid of us, and if they will not come unto us willingly, then to compcll them to come by violence, and they may have two of the English as pledges in the mean time, and to trade with them for corn if they can.

It is ordered, thatCapt'n Mason, Tho's Stanton, Jeremy Adams, John Giles, and Tho's Merrick, and if Tho's Mer- rick be gone to Agawam, then Captain Mason to take an- other, whome he please shall go in the said service, and if

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he see cause to have hostages, he may, if he see cause to go to Agawain.

It is thought meet that the cutlasses that were in the last service, shall be made good to the commonwealth, and made as servicible as before, and that Richard Lord shall take such cutlasses into his custody as are in the meeting house at Hartford, and make them up, and when they be fitted up, the said Lord is to bring in his noate, and the courte to appoint one to view the same, and when they are certified to be in good kelter, there must be speedy course taken by the court, that speedy payment be made to s'd Lord.

It is ordered, that there be a warrant directed to the several collectors of each plantation, to make their returns to the Treasurer within these 25 days, or else to answer their con* tempt at the next particular Court.

Whereas there is a desire of the neighbours of Hartford, that there may be a publick highway for carte and horse upon the upland, between the said Hartford and Windsor, as may be convenient. It is therefore thought meet, that

Henry Wolcott the younger, and Mr. Stephen ■ and

William Westwood, and Nathaniel Ward, shall consider of fitting and convenient highway, to be marked and sett out, and bridges made over the swamps. And then it being confirmed by the Court, the Inhabitants of Hartford may with making a comely and decent stile for foot, and fence up the upper end of the meadow, this to be done by monday

seven night, upon penalty of 10s. every default. It

is ordered, that with the consent of Mr. Pyncheon, that the said Mr. Pyncheon shall within these 18 days, pay Mr. Whit- ing forty pounds, by sending down as much corn as the s'd <£40 comes to, or else to pay him, the said Mr. Whiting in good merchantable beaver at 9s pr pound, provided that if in the day the said Whiting can put it away at a higher rate, the said Pyncheon to have the benefit of it — If it be put away at a loss, the s'd Pyncheon to stand, and the said Pyncheon

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may write to his friend to see that the said Whiting does his best for the said Pyncheon's advantage.

It is ordered, that the indian corn brought into the plan- tations for the supply of their necesseties, either by agree- ment with Mr. Pyncheon or any other, by a general trade, shall go at 5s 6rf in money, in Wampum at. 3s Id per bushell, or if in beaver, according to the order, at 9s per pound — yet this is not in any way to infringe the bargain formerly made with Mr. Pyncheon for so much corn as he brings in. It is ordered, that these men following, shall receive the corn aforesaid, for the plantations, according to their proportion agreed on, and shall give an exact account of what every man hath, at the rates aforesaid, the men ap- pointed for this service, are Henry Wolcott the younger, for Windsor, Edward Stebbins and Thomas Scott for Hartford, for W eathersfield, Mr. Plumm. It is also ordered, that such as are in want of corn or like to be, between this and har- vest, must give in their names and wants, to the parties afore- said of the several Plantations, and they are to return it in the next particular Court, provided that the receivers of corn aforesaid, are not to deliver any corn, without the present payment formerly mentioned.

It is ordered, that Thomas Stanton shall have for the ser- vice he hath done for the country allready past, ten pounds. It is Ordered, that Thomas Stanton shall be a publick Offi- cer for to attend the Court uppon all occasions, either gen- eral or particular, as also any meeting of the magistrates, to interpret between them and the Indians, and also is to have for it £1Q pr. year.

It is ordered, that where any company of Indians do sett down near any English Plantation, that they shall declare who is their Sachem or Chief, and that the s'd Chief or Sa- chem shall pay to the said English, such trespass's as shall be committed by any Indians in the said Plantation adjoin- ing, either by sporting, or killing of cattle, or swine, cither with traps, dogs, or arrows : and they are hot to plead, that

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it was done by strangers, unless they can produce the party, and deliver him or his goods into the custody of the English, and they shall pay the double, if it was voluntarily done.

Whereas there was some complaint made against Wm. Pyncheon of Agawam, for that as was conceived, and uppon proofe appeared he was not soe carefull to promote the pub- lick good in the trade of corne, as he was bound to doe. It is ordered that the said Pyncheon shall with all conven- ient speede, pay as a fine for his soe failinge, forty bushells of Indian corn, to be delivered to the Treasurer, to be dis- posed of as shall be thought meete.

Whereas, uppon full debate and hearing, the matters of injuries and differences between Soheage, an Indian, the Sachem of Pyquaagg, now called W eathersfield, and the English Inhabitants thereof, and it appeared to the Court, that there hath been diverse injuryes offered by some of the said English Inhabitants to the said Soheage : as also the said Soheage and his men have likewise committed diverse outrages and wrongs against the said English, yet because, as was conceived, the first breach was on the s'd English part All former wrongs whatsoever, are remitted on both sides, and the Soheage is again received into amity to the s'd En- glish, and Mr. Stone, Mr. Goodwine, and Thomas Stanton, are desired to goe to the said Soheage, and to treat with him according to their best discretion, and to compose mat- ters between the s'd English and the s'd Soheage.

It is ordered, that there shall be Is. pr. skin of beaver paid to the publick, out of the trade of beaver, to be paid unto the Treasurer every halfe year — This order to stand for a year, and untill the Courte take other Order to the Con- trary. It is Ordered, that none shall trade in this river with the Indians for beaver but those that are hereafter named, viz. For Agawam, Mr. Pyncheon, For Windsor, Mr. Ludlowe, Mr. Hull, For Hartford, Mr. Whytinge, Tho's Staunton, Weathersfield, Thomas Hubbard and Rich- ard Law's, and if any trade for beaver, other than arefore- 8

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named, they shall forfeit 5s. per pound, to be paid for every pound they shall soe trade.

Hth 1638.

It is Ordered, that the Treasurer shall deliver no money out of his hands to any person, without the hands of two Magistrates, if the same be above twenty shillings, if it be under, then the Treasurer is to accept, if the hand of one. But if it be for the payment of some bylls to be allowed, which are referred to some Committees to consider of, whether allowed or not, that such bylls as they all owe and sett their hands unto, the Treasurer shall accept and give satisfaction.

THE CONSTITUTION OF HARTFORD, WEATIIERSFIED AND

Windsor, in 14th jan'v. 1638.

(The first Governor ever chosen in the colony of Connec- ticut was in April 1639, as follows.)

April 1639, General Meeting.

John Haynes Esq. was chosen Governor for this year and untill a new be chosen, Roger Ludlowe, Deputy Governor.

George Wyllys, Thomas Welles, Wm. Phelps, Edward Hopkins, John Webster, were chosen to eissist in the magis- tracy for the year ensuing and all took the oath appointed for them. Edward Hopkins was chosen Secretary for the year ensuing.

John Edmunde, Aaron Starke, and John Williams were censured for violence.

John Williams to be whipt at a carts podex upon a Lec- tion day at Hartford.

John Williams to stand upon the Pillory from the ringing of the first bell, to the end of the Lection, then to be whipt in like manner at Windsor within eight days following.

Aaron Stark to stand upon the pillory and to be whipt as Williams, and to cause the letter R. burnt upon his cheek

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and in regard to the wrong done to Mary Holt, to pay her parents =£10, and in defect of such payment to the com- monwealth when both are fit for that condition to marry her. It is the mind of the Court that Mr. Ludlow and Mr. Phelps see some publick punishment iflicted upon the girl for concealing it so long.

August the 1st, 1639.

John Bennet and Mary Holt, were both sentenced to be whip't. for unclean practices, and the girls master is enjoin- ed to send her out of this jurisdiction before the last of next month.

These following were sentenced and jfined for unreason- able and immoderate drinking at the pennace. Thomas

Cornwell 30s. John Lattimer, 15s. Matthew, 10s.

Sam'l. Kitwell, 10s. Thomas Upson, 20s.

John Moody had an attachment upon the goods of Thom- as James for a debt of five pounds of tobacco.

A GENERAL COURT AT HARTFORD, THE 8tH OF AUG. 1639.

John Hayncs Gov. — Roger Luellow, Deputy.

(The assistants and Committee, the same.) The Constables of Hartford were fined 2s. 6d. for not returning their warrants according to order, being much favored in regard, it was the first time and one of them sick.

It is ordered that the military men shall be trained at eve- ry six days in the year. The times are to be chosen at the discretion of the court, only the months of May, June and July are excepted unless it be uppon special occasion.

The Treasur's. accornpts being audited the country was found indebted to him <£16. 10s. 6cl. Mr. Governor, Mr. Deputy, and Mr. Welles or any two of them are entreated to go to the rivers mouth to consult with Mr Fenwich about

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a treaty of combination which is desired again to be on foot with the Bay.

The occasions of the commonwealth being taken into consideration it was thought and ordered, that a rate of .£100 be made in these plantations, and Mr. Talcott, Mr. Hull, and Mr. Tapping are entreated to apportion it upon the sev- eral plantations to be paid in the one half within a month and the other within three months.

August the l&th, 1639. — A meeting of the General court, which was adjourned untill this day.

Mr. Treasurer had orders to call in for all the fines due to the country and for such monies as are due from the traders for beaver.

The manifold insolences that have been offered of late by the Indians, put the court in mind of that which hath been too long neglected, to wit, the execution of justice upon the former murtherers of the English, and it was upon serious consideration and debate, thought necessary and according- ly determined that some speedy course betaken thereon, and for effecting hereof it was concluded that one hundred men be levied and sent down to Mattabeseek where seucraJ guil- ty persons reside and have been harboured by Soheage, not- withstanding all means by way of preservation have been formerly used to him for surrendering them upp into our hands — And it is thought that these councils be imparted to our friends at (Juinnissiacke, that provision may be made for the safety of the new plantations, and upon their Joint consent to proceede or desist.

Tiie £100 Rate was laid upon the several Towns in this Proportion— Hartford £43, Windsor £28 : 6: 8, Weathers- field £28 : 13: 4— Adg'd to 26th of this month.

August the 26*7* 1G39.

Mr. Webster informed the Court that according to the determination of the last meeting — Mr. Deputy, Mr. Welles

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and himself, acquainted our friends at Quinnissiache, with their purposes concerning the murtherers, and desired the concurrence of their apprehensions therein, who fully ap- proving of the thing, yet intimated their thoughts, some- what to differ from ours, in the present execution of it in re- gard of some new plantations, that are now beginning, and some inconvenience which may fall upon those parts of the country, by a noise of a new warr, which may hinder the coming of ships the next year. Whereas diverse of the Pe- quotts who were given to Uncas, and Antinemo, have plant- ed again part of the land which was conquored by us, con- trary to our agreement with them, it was thought fit, and or- dered, that forty men be proportioned out of the several plantations and immediately sent away to gather the corn there planted by them. The men proportioned for the sev- eral Towns, Windsor 13, Hartford 17, Weathersfield 10 — It was refered to Mr. Governor, Mr. Wyllys, Mr. Phelps, Capt. Mason, and Mr. Ward, to agitate this business, and bring it to an issue with what speed may be, and they have power to press 20 Arms, 2 Shallops, and two Canoes for this service.

It was concluded that there be a publick day of Thanks- giving in these plantations, upon the 18th of this month. — This Court is dissolved.

September 5, 1639, John Haynes Gov'r.

Hopkins, Phelps, Welles, and Webster, — Richard Lyman complaineth against Sequassen, for burn- up his hedge, which before Mr. Governor, he formerly prom- ised to satisfy for, but yet hath not done it — Sequassen, ap- peared and promised to pay within four days or else an at- tachment to be granted.

Samuel Ireland, was fined 10s for contempt of the Court, in not appearing upon a warrant served upon him — Upon his submission he paid 5s and was acquitted. 8*

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October the 3d, 1G39.

Haynes, Webster, Ludlow, Phelps, Wyllys, Hopkins, Welles.

Edward Hopkins, vs. Francis Stiles, in behalf of John Woodcock, in an action for breach of Covenant.

The Jury find that the Def tJhath in his hands £80, and £150 for|the purchase of the house, and for not taking in 400 acres of ground according to bargain, that Mr. Stiles should take the house back again, and repay the ,£230, with £70sdamages, costs 10s 8d.

It is ordered, that the soldiers in the last, exploit, shall bo paid for nine days at 2s per day. The money to be paid to the Constables of every Town, and he to deduct the cost of the provision he pressed for them.

September lQth 1639.

Mr. Deputy was fined 5s 8*7 for being absent. The Constables of Windsor were fined for not returning the warrant of the Committee that were chosen for that

FY* _

! own.

Mr. Lenwick, Mr. Whiting, Mr. Hill, and Mr. Ward, are nominated by the Court to be presented to the vote of the Country for magistrates at the Court in April next, (provided Mr. Lenwick, and Mr. Whiting, shall be Fremen by that time.)

SAYBROOK PLATFORM, TAKEN FROM THE STATE RECORD.

At a General Assembly and Court of Election, holdcn at Hartford, May \Wi, 1708.

This assembly, from their own observation, and the com- plaint of many others, being made sensible of the defects of the discipline of the Churches of this government, aris- ing from the want of a more explicit asserting of the rules given for that end in the holy scriptures ; from which would

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arise a permanent establishment among ourselves, a good and regular issue in cases, subject to Ecclesiastical disci- pline, glory to Christ our head, and edification to his mem- bers, hath seen fit to ordain and require, and it is by the authority of the same, ordained and required, that minis- ters of the several Counties in this government, shall meet together, at their respective County towns, with sush mes- sengers, as the churches to which they belong shall see cause to send with them, on the last monday in June next ; there to consider upon those methods and rules for the man- agement of Ecclesiastical discipline, which by them shall be judged agreeable and conformable to the word of God, and shall, at the same meeting, appoint two or more of their number to be their delegates, who shall all meet together at Saybrook, at the next commencement, to be held there,* where they shall compare the results of the ministers of the several counties, and out of, and from them, to draw a form of Ecclesiastical discipline, which, by two or more persons, delegated by them, shall be offered to this Court, at their session at New Haven, in October next; to be considered of, and confirmed by them: And the expense of the above mentioned meetings shall be defrayed out of the public treasury of this Colony.

According to the act of the Assembly, the ministers and Churches of the several Counties, convened at the time ap- pointed, and made their respective drafts for discipline, and chose their delegates for the general meeting at Saybrook in September.

SAYBROOK PLATFORM.

At a meeting of delegates from the councils of the sever- al Counties of Connecticut Colony in' New England, In America, at Saybrook, Sept. 9th, 1708.

* Yale College was first located at Saybrook, and continued there until about 1G16, or 1G17.

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PRESENT.

From the Council of Hartford County : — the Rev. Tim- othy Woodbridge, Noadiah Russell, and Stephen Mix. Messenger, John Haynes, Esq'r.

From the Council in Farfield County : — The Rev. Charles Chauncey and John Davenport. Messenger, Deacon Sam- uel Iloyt.

From the Council in New London County : — The Rev. James Noyes, Thomas Buckingham, Moses Noyes, and John Woodward. Messengers, Robert Chapman, Deacon William Parker.

From the Council of New Haven County : — The Rev. Samuel Andrew, James Pierpont and Samuel Russell.

The Rev. James Noyes and Thomas Buckingham, being chosen Moderators. The Rev. Stephen Mix and John Woodward, being chosen scribes.

In compliance with an order of the general Assembly, May 13th, 1708, after humble addresses to the throne of grace for the divine presence, assistance and blessing upon us, having our eyes upon the word of God, and the Con- stitution of our Churches, we agree that the confession of faith owned and assented unto by the Elders and messen- gers assembled at Boston in New England, May 12th, 1680, being the second session of that Synod, be recommended to the honorable general Assembly of this Colony, at the next session, for their public testimony thereunto, as the Faith of the Churches of this Colony.*

We aoree also, that the heads of agreement assented to by the united ministers, formerly called Presbyterian and Congregational, be observed by the Churches throughout this Colony.

And for the better regulation of the administration of

* " This was the Savoy Confession, with some small alterations." — Trum. Hist. Con.

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Church discipline, in relation to all cases Ecclesiastical, both in particular Churches and Councils, to the full deter- mining and executing the rules in all such cases, it is agreed.

I. That the Elder or Elders of a particular Church, with the consent of the brethren of the same, have power, and ought to exercise Church discipline, according to the rule of God's word, in relation to all scandals that fall out within the same. And it may be meet, in all cases of diffi- culty, for the respective pastors of particular Churches, to take advice of the Elders of the Churches in the neighbor- hood, before they proceed to censure in such cases.

II. That the Churches which are neighboring to each other, shall consociate, for mutual affording to each other such assistance as may be requisite, upon all occasions Ec- clesiastical. And that the particular pastors and Churches, within the respective Counties in this government, shall be one consociation, (or more, if they shall judge meet,) for end aforesaid.

III. That all cases of scandal, that fall within the cir- cuit of any of the aforesaid Consociations, shall be brought to a council of Elders, and also messengers of the Churches within the said circuit, i. e. the Churches of the Consocia- tion, if they see cause to send messengers, when there shall be need of a Council for the determination of them.

IV. That according to the common practice of our Churches, nothing shall be deemed an act or judgment of any Council, which hath not the act of the major part of the Eiders present concurring, and such a number of the messengers present, as makes the majority of the Council : provided, that if any such Church shall not see cause to send any messengers to the Council, or the persons chosen by them shall not attend, neither of these shall be any ob- struction to the proceedings of the Council, or invalidate any of their acts.

V. That when any case is orderly brought before any

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Council of the Churches, it shall there be heard and de- termined, which, (unless orderly removed from thence,) shall be a final issue ; and all parties therein concerned, shall sit down and be determined thereby. And the Coun- cil so hearing and giving the result or final issue in said case as aforesaid, shall see their determination or judgment, duly executed and attended, in such way or manner, as shall in their judgment be most suitable and agreeable to the word of God.

VI. That if any pastor and Church doth obstinately re- fuse a due attendance and conformity to the determination of the Council, that hath the cognizance of the case and determineth it as above, after due patience used, they shall be reputed guilty of scandalous contempt, and dealt with as the rule of God's word in such case doth provide, and the sentence of non-communion shall be declared against such pastor and Church. And the Churches are to approve of the said sentence, by withdrawing from the communion of the pastor and Church which so refused to be healed.

VII. That in case any difficulties shall arise in any of the Churches in this Colony, which cannot be issued with- out considerable disquiet, that Church in which they arise, (or that minister or member aggrieved with them,) shall apply themselves to the council of the consociated Churches of the circuit to which the said Church belongs; who, if they see cause, shall thereupon convene, hear and deter- mine such cases of difficulty, unless the matter brought be- fore them shall be judged so great in the nature of it, or so doubtful in the issue, or of such general concern, that the said c uncil shall judge best that it be referred to a fuller Council, consisting of the Churches of the other Consocia- tion within the same County, (or of the next adjoining con- sociation of another County, if there be not two Consocia- tions in the County where the difficulty ariseth,) who, to- gether with themselves, shall hear, judge, determine, and finally issue such case, according to the word of Gi.d.

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VIII. That a particular Church, in which any difficulty doth arise, may, if they see cause, call a council of the Consociated Churches of the circuit, to which the Church belongs, before they proceed to sentence therein ; but there is not the same liberty to an offending brother, to call the Council, before the Church to which he belongs, proceed to excommunication in the said case, unless with the con- sent of the Church.

IX. That all the Churches of the respective Consocia- tions shall choose, if they see cause, one or two members of each Church, to represent them in the Councils of the said Churches, as occasion may call for them, who shall stand in that capacity til new be chosen for the same ser- vice, unless any Church shall incline to choose their mes- sengers anew, upon the convening of such Councils.

X. That the minister or ministers of the County towns, or where there are no ministers in such towns, the two next ministers to the said town, shall, as soon as conveniently may be, appoint time and place, for the meeting of the El- ders and messengers of the Churches in said County, in Drder to the forming themselves into one or more Consoci- ations, and notify the time and place to the Elders and Churches of that County, who shall attend at the same, the Elders in their persons, and the Churches by their messen- gers, if they see cause to send them. Which Elders and messengers, so assembled in council, as also any other here- by allowed of, shall have power to adjourn themselves, as need shall be, for the space of one year, after the begin- ning or first session of the said Council, and no longer. And that minister who was chosen at the last session of any Council, to be moderator, shall, with the advice and con- sent of two more Elders, (or in case of the moderator's death, any two Elders of the same consociation,) call an- other Council within the circuit, when they shall judge there is need thereof. And all Councils may prescribe rules as occasion may require, and whatever they judge needfull

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within their circuit, for the well performing and orderly managing the several acts, to be attended by them, or mat- ters that come under their cognizance.

XI. That if any person or persons, orderly complained of to a council, or that are witnesses to such complaints, (having regular notification to appear,) shall refuse, or neg- lect so to do, in the place, and at the time specified in the warning given, except they or he give some satisfying rea- son thereof to the council, they shall be judged guilty of scandalous contempt.

XII. That the teaching Elders of each County shall be one association, (or more, if they see cause,) which associa- tion or associations, shall assemble twice a year at least, at such time and place as they shall appoint, to consult the du- ties of their office and the common interest of the churches, who shall consider and resolve questions and cases of im- portance which shall be offered by any among themselves or others ; who also shall have power of examining and recom- mending the candidates of the ministry to the work thereof.

XIII. That the said associated pastors, shall take notice of any among themselves, that may be accused of scandal or heresy, unto or cognizable by them, examine the matter carefully, and if they find just occasion, shall direct to the calling of the council, where such offenders shall be duly proceeded against.

XIV. That the associated pastors shall also be consulted by bereaved churches, belonging to their association, and recommend to such Churches, such persons as may be fit to be called and settled in the work of the gospel minis- try among them. And if such bereaved Churches shall not seasonably call and settle a minister among them, the said associated pastors shall lay the state of such bereaved Church before the General Assembly of this Colony, that they may take order concerning them, as shall be found necessary for their peace and edification.

XV. That it be recommended as expedient, that all the

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associations in this Colony, do meet in a general associa- tion by their respective delegates, one or more out of each association once a year, the first meeting to be at Hartford at the general Election, next ensuing the date hereof, and so annually in all the Counties successively, at such time and place, as they the said delegates, shall in their Annual Meetings appoint.

At a General Court holden at Neio Haven, October 1708.

The Reverend Ministers, delegates from the Elders and Messengers of this government, met at Saybrook Sept. 9th, 1708, having presented to this Assembly, a confession of faith, and heads of agreement, and regulations in the ad- ministration of Church discipline, as^-unanimously agreed and consented to by the Elders and Churches in this gov- ernment ; this Assembly doth declare their great approba- tion of such an happy agreement, and do ordain, that all the Churches within this government, that are, or shall be thus united in doctrine, worship and discipline, be, and for the future shall be owned and acknowledged, established by law ; provided always, that nothing herein shall be intended or construed to hinder or prevent any society or Church, that is or shall be allowed by the laws of this government, who soberly differ or dissent from the united Churches here- by established, from exercising worship and discipline in their own way, according to their consciences.

October, 1768.

An Act for publishing the oaths of Allegiance and Su- premacy, Declaration against Popery, and oath of abjura- tion as the same are to be administered, agreeable to act of Parliament.

Be it enacted by the Governor, Council and Representa- tives, in General Court Assembled, and by the authority of the same, that the oaths provided by act of Parliament, in- stead of the oaths of Allegiance and Supremacy; the Dec- 9

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laration gainst Popery, and also the oatli of abjuration, agree- able to the form prescribed by a late act of Parliament, passed in the sixth year of His present Majesty's Reign, be printed with the Acts of this Assembly which are as follows, viz :

I, A. B., do sincerely promise and swear, that I will be faithful and bear true allegiance to His Majesty King George the third, so help me God.

I, A. B., do swear, that I do from my Heart, abhor, de- test and abjure as impious and heretical, that damnable Doctrine and position, that Princes excommunicated or de- prived by the Pope or any authority of the See of Rome, may be deposed or Murthered by their Subjects, or any other whatsoever, and I do declare that no foreign Prince, person, Prelate, State or Potentate, hath or ought to have any Jurisdiction, power, superiority, preeminence or au- thority, Ecclesiastical or Spiritual, within the Realm of Great Britain, so help me God.

I, A. B., do solemnly and sincerely in the presence of God, profess, testifie and declare, that I do believe, that in the Sacrament of the Lord's Supper, there is not any tran- substantiation of the Elements of Bread and Wine, into the Body and Blood of Christ, at or after the consecration there- of, by any person whatsoever ; and that the invocation or adoration of the Virgin Mary, or any other Saint, and the Sacrifice of the Mass, as they are now used in the Church of Rome, are Supertitious and Idolatrous.

And I do solemnly in the presence of God, profess, testi- fie and declare, that I do make this declaration, and every part thereof ; in the plain and ordinary sense of the words read unto me, as they are commonly understood by English Protestants, without any evasion, equivocation or mental reservation whatsoever, and without any dispensation alrea- dy granted me for this purpose, by the Pope or any author- ity or person whatsoever, and without any hope of any such dispensation from any authority or person whatsoever ; or

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without thinking that I am or can be acquitted before God or man, or absolved of this declaration or any part thereof, although the Pope or any other person or persons, or pow- er whatsoever, should dispence with or annul the same, or declare that it was null and void, from the beginning.

I, A. B. do truely and sincerely acknowledge, profess, testifie and declare in my conscience, before God and the world, that our Sovreign Lord King George, is lawful and rightful King of this Realm, and all other his Majesty's Dominions and Countries thereunto belonging And I do solemnly and sincerely declare, that I do believe in my conscience, that not any of the descendents of the person who pretended to be Prince of Wales, during the life of the late King James the second, and since his Decease pre- tended to be, and took upon himself the stile and title of King of England, by the name of James the third, or of Scotland by the name of James the eighth, or the stile and title of King of Great Britain, hath any right or title what- soever to the Crown of this Realm, or any other the Domin- ions thereunto belonaing. And I do renounce, refuse and abjure allegiance or obedience to any of them; and I do swear that I will bear faith and true allegiance to His Ma- jesty King George, and him will defend to the utmost of my power, against all Traiterous conspiracies and attempts whatsoever, which shall be made against his person, Crown or dignity, and I will to my utmost endeavour to disclose and make known to his Majesty, and his successors, all Treasons and Traiterous conspiracies, which I shall know to be against him, or any of them. And I do faithfully promise to the utmost of my power, to support, maintain and defend the succession of the Crown against the De- scendants of the said James, and against all other persons whatsoever; which succession by an act intituled " an Act for the further limitation of the Crown and better securing the rights and liberties of the subject, is and stands limited

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to the Princes Sophia, Electoress and Duchess Dowager of Hanover, and the Heirs of her hody, being Protestants.

And all these things I do plainly and sincerely acknowl- edge and swear according to these express words by me spoken, and according to the plain common sense and un- derstanding of the same words, without any equivocation, mental evasion or secret reservation whatsoever. And I do make this recognition, acknowledgment, abjuration, renun- ciation and promise, heartily, willingly and truly, upon the true faith of a Christian.

The following are orders of the General Court ( or Le- gislature) of the Colony of Count, passed at the time of the date of each order.

1(540. — Notwithstanding the late order concerning- the Excess of apparel, yet divers Persons of severall Ranks are obsearved still to exceede therein. It is therefore Or- dered, that the Constables of every towne within there Libertyes shall observe and take notice of any particular Person or Persons, within thier several Lymits, and all such as they judge to exceed thier condition and Rank therein, they shall present and warn to appear at the par- ticular Court, as also the said Constables are to present to the said Court all such persons as sell thier commodities at excessive rates ;* and the said Court hath power to cen- sure any disorders in the particular before mentioned.

1G41. — For as much as the Court having lately declared their apprehensions to the Country concerning the excess in wages amongst all sorts of artificers and workmen, and hoping thereby, men would have been a Law unto them- selves, but finding little reformation thereon. The said Court hath therefore ordered, that sufficient able Carpen- ters, plowrights, wheelrights, masons, Joyners, Smithes, and coopers, shall not take above 20 pence for a days work

* Flour at $ 12,50, would endanger the flour merchant.

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from the 10th of March to the 10th of October, and not above 18 pence a day for the other part of the yere, and to work ten hours in the day in the summer tyme, besides that which is spent in eating or sleeping, and six hours in the winter. Also, mowers for the tyme of mowing, shall not take above 20 pence for a days work.

1641. — It is ordered that all artificers or handicraftsmen and chief Labourers, shall not take above Is 6d a day for the first halfe year, and not above 14cZfor the other part of the yeare ; and if said worke is lett or taken by the great or parcell by any workmen, Labourers or artificers, it shall be valued by the proportion afores'd. Also, Sawyers, shall not take above 4s 2d for slit work, nor above 3s 6d for boards by the 100. It is also ordered, that four of the bet- ter sort of oxen or horses with the tacklin, shall not be val- ued at above 4s 6d the day from March to October.

1641 —It is ordered that Mr. Steele, Mr. Welles, Mr. Plumb, and James Bussy, shall runne the Lyne west into the Count?-?/ betwixt Hartford and Weathersfield, to begin at the great River against the marked tree.

1641. — The Court is adjourned to the 1st Wednesday in January, to meet at the Governors House after the Lec- ture.

1641. — It is Ordered that Capt'n 3Iason shall have 500 acres of ground for him and his Heirs about Pequoyt country, and the dispose of 500 more to such souldiers as joyned with him in the service when they conquered the Indians there.

THE OATH OF A FREEMAN IN 1640.

I, A. B. being by the Providence of God, an Inhabitant within the jurisdiction of Connecticutt, do acknowledge myselfe to be subject to the government thereof, and do

9*

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sweare by the greate fearfull name of the Everliving God, to be true and faithfull unto the same, and do submit both my person and Estate thereunto, according to all the wholsom Laws and Orders that there are or hereafter shall be there made by lawfull authority; and I will nether plott nor practice any evill against the same, nor consent to any that shall so doe, but will tymely discover the same to au- thority there established ; and that I will, as I am in duty bound, mayntayn the honor of the same, and of the lawfull Magistrates thereof promoting the public good of y't whilst I shall so continue an inhabitant there; and when- ever I shall give my vote touching any matter which con- cerns this commonwealth being called thereunto, will give it as in my conscience I shall Judge may conduce to the best good of the same without respects of Persons or fa- vour of any man, so help me God in our Lord Jesus Christ.

CAPITALL LAWES OF CONNECTICUT, ESTABLISHED BY THE GENERALL COURT THE FIK5T OF DECEMBER, 1043.

1. Yf any man after legall conviction, shall have or worship any other God but the Lord God, he shall be put to death. Deu. 13 ; 0, and 17. 2 Ex. 22 ; 20.

2. Yf any man or woman be a Witch, (that is) hath or consulteth w'th a familliar spirit, they shall be put to death. Ex. 22; 18. Lev. 20 ; 27. Deu. 18 ; 10, 11.

3. Yf any p'son shall blaspheme the name of God the ffathcr, Son or Holy Goste w'th direct, express pr'sumptu- ous or highanded blasphemy, or shall curse God in the like manner, he shall be put to death. Lev. 24 ; 15, 10.

4. Yf any p'son shall comitt any willfull murther, w'ch is manslaughter comitted vppon mallice, hatred or cruelty, not in a mans necessary and just defence, nor by mere cas- ualty against his will, he shall be put to death. Ex. 2] ; 12, 13, 14. Num. 35; 30, 31.

5. Yf any person shall slay another through guile, ether

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by poysonings or other such Diuilish (Devlish) practices, he shall be put to death. Ex. 21 ; 14.

6. Yf any man or woman shall ly vv'th any Beast or brut creature by carnall copulation, they shall surely be put to death, and the Beast shall be slayne'and buried. Lev . 20 ; 15, 16.

7. Yf any man lye w'th mankind as he lyeth w'th a wo- man, both of them have comitted abomination, they both shall surely be put to Death. Lev. 20; 13.

8. Yf any p'son comiteth Adultery w'th a married or espoused wife, the Adulterer and the Adulteres shall surely be put to Death. Lev. 20 ; 10 and 18, 20. Deu. 22 ; 23, 24.

9. Yf any man shall forcibly and w'thout consent rau- ishe any mayd or Woman that is lawfully married or con- tracted, he shall be put to Death. Deu. 22 ; 25.

10. Yf any man stealeth a man or mankind, he shall be put to Death. Ex. 21 ; 16.

11. Yf any man rise vp by false witness, wittingly and of purpose to take away any man's life, he shall be put to Death. Deu. 19 ; 16, 18, 19.

12. Yf any man shall conspire or attempte any Inuasion, Insurrection or Rebellion against the comon vvelth, he shall be put to Deth.

13. Yf any childe or children aboue sixteene yeers old, and of sufficient understanding, shall curse or smite their natural father or mother, hee or they shall bee put to Death ; unlesse it can bee sufficiently testified that the parents have beenevery vnchristianly negligent in the education of such children, or so provoake them by extreme and cruel cor- rection that they have beene forced thereunto to preserve themselues from Death or maiming. Ex. 21 ; 17. Lev. 20. Ex. 20 ; 15.

14. Yf any man have. a stubborne and rebellious sonne, of sufficient yeares and vnderstanding, viz., sixteene yeares of age, which will not obey the voice of his father or the voice of his mother, and that when they haue chastened

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him, will not hearken vnto them ; then may his father and mother, being his naturall parents, lay hold on him and bring him to the Magestrates assembled in courte, and tes- tify vnto them, that theire sonne is stubborne and rebellious, and will not obey their voyce and chastisement, but lives in sundry notorious crimes, such a sonne shall bee put to Death. Deu. 21 ; 20, 21.

1642. It is Ordered that there shall be a guard of forty men to come compleat in their arms to the meeting every Sabbath, and Lecture Day, in every tovvne within these Lib- erties upon the River.

1042. It is Ordered, that there shall be 90 Coats provi- ded within these plantations within ten days basted with cotton wool, and made defensive against Indian arrows, — (i. e.) Hartford 40— Windsor 30— Weathersfield 20.

1042. It is Ordered that no man within these Libertyes shall refuse merchantable Indian come, at the rate of 2s Gd the bushel for any contract made for the labour of men or cattle or commodityes is sold after the publishing this order.

1043 It is Ordered that all the Souldiers in the severall Towns within this Jurisdiction, shall be trayned sixe days yearely as they shall be appoynted by the Captain or other Officers.

1643. Whereas many complaynts are brought into the Courte by reason of diverse abuses that fall out by severall persons that sell Wyne and Strong Water, as well in ves- sels on the River, as also in several houses, for the prevent- ing whereof — It is now Ordered that no person or Persons after the publishing this Order, shall neither sell Wyne nor Strong Water, in any place within these Liberties, without Licence from the particular Court or any two Magistrates.

A. D. 1643. It is Ordered that every Town upon the*

*Whipper on Conn't, River.

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River shall provide one man in each town to doe execution, uppon De linquents by Wliipping or other correction as they shall be thereunto cauled, by order from the Magistrates.

1G43. It is Ordered that good Rix Dollars, shall pass between man and man, at five shillings a piece, in all pay- ments— The debts being made after the publishing this order.

(In 1644, an Order was made, that all marriages and births should be recorded.)

1G46. It is Ordered, that if any person within these Lyb- ertyshave Cine, or shall be ffyned or whippen for any scan- dalous offence, he shall not be admitted after such Tyme to have any Voate in Towne or common Wealth, nor to serve on the Jury, untill the Court shall manifest their satisfaction.

Dec. 1st, 1645. — It is Ordered that the Plantation cauled Tunxis, shall be cauled Farmington, and that the bounds thereof shall be as follows — The Eastern bound shall meet with the Western of these Plantations, which are to be five myles on this side the Great River, and the Northern bound shall be five myles from the Hill, in the Great Meadow, towards Massuo, and the Southern Bounds from the Hill, shall be five myles, and they shall have Lyberty to improve ten myles further than the said River, and to hinder others from the like untill the Court see fit otherwise to dispose of yt, and the said Plantation are to attend the General Orders, formerly made by this Court, settled by the Committee to whome the same was refered, and other occations, as the reste of the Plantations uppon the Rjver do, and Mr. Steele for the present is intreated to bee Recorder, untill the Towne have one jit among themselves, they are also to have the like Libertyes as the other Townes uppon the River, for making Orders among themselves, provided they alter not any fundamental agreements settled by the said Committee hitherto attended.

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Gcncrall Court, June \\th 1G40.

The said Mr. Mitchell for undertaking the office of Town Clerk or Recorder, notwithstanding his uncapableness of that Office, by sentence of Court, he is fined to pay the Country 20 * Nobles, and for that part of the Town of Weathersfield, who chose the said Mr. Mitchell to office, notwithstanding the censure of court, avefned to the coun- try four pounds.

]G40. Mr. Mitchell is returned Recorder for the Towne of Weathersfield — But he is found incapable of the place, lying under censure of the Court, and he and the Towne who chose him to that place, are to have notice to appear at the next adjourned court — They are to have liberty to bring in the records of their lands until! the General Court in Sept'r next.

A Gcncrall Court, held at Hartford, May 20, 1G47.

Tt is Ordered, that there shall be a Guard of 20 men, ev- ery Sabbath, and Lecture day, compleate in their Arms, in ech severall towne upon the River, and att Seabrooke and Ffarmington, 8 a peace; ech towne of the sea coast, ten, and as the number of men increase in the townes, the Guard is to encrease.

It is the mynde of the Court that ther shall be provision made for entertayneing the Magistrate, during the sitting of the Court, and the Deputyes of Hartford, are desired to find out a fitte man.

If Mr. Whiting with any others shall make tryall and prosecute a desyne for the taking of Whale within these libertyes, and if uppon tryall within theterme of twoyeares, they shall like to goe on, noe others shall be sufferred to interrupt them for the tearme of seven yeares.

May 18, 1G48. Whereas David Provost, and other Dutch-

* Gs Sd Sterling.

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men (as the Court is informed,) have sould powder and shotte to severall Indians, against the expresse lawes both of thelnglishe, and Dutch, it is now ordered, that if uppon ex- amination of Witnesses, the said default shall fully appeare, the penalty of the laws of this Commonwealth, shall be laid uppon such as shall be found guilty of such transgression, the which if such delinquents shall not subject unto, they shall be shipped for Ingland, and sent to the Parliament.

17th May 1649. Thomas Mynott, is appointed by this Court to be a Military Sergeant, in the town of Pequott, and doe invest him with power to call forth and trayne the Soul- dyers of that towne according to order of Court.

1650. Fforasmuch as the open contempt of Gods word and Messengers thereof, is the disolating sinne of civill states and churches, and that the preaching of the word, by those whom God doth send, is the chief ordinary means ordained by God, for the converting, edifying and saving the soules of the Elect through the presence and power of the Holy Ghost therevnto promised, and that the Ministry of the word is set vp by God, in his Churches, for these holy ends, and according to the respect or contempt of the same, and of those whome God hath set aparte for his own worke and imployment, the weale or woe of all Christian States is much furthered and promoated.

It is therefore ordred and decreed : That if any Christian (so called) within this Jurisdiction, shall contemptuously behave himselfe towards the word preached or the messen- gers thereof, called to dispence the same in any Congrega- tion when he doth faithfully execute his service and office therein, according to the will and word of God, either by interrupting him in his preaching, or by charging him false- ly with an error w'ch he hath not thought in the open face of the church, or like a sonne of Korah, cast vpon his true doctrine, or himselfe any reproach, to the dishonour of the Lord Jesus, who hath sent him, and to the dispaagement

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of that his holy ordinance, and making Gods wayes con- temptible and ridiculous, that every such person or persons, (whatsoever censure the Church may passe,) shall for the first scandaH bee convented and reproved openly by the Magistrates at some Lecture, and bound to their good be- havoour. And if a second time thy breake forth into the like contemptuous carriages, they shall either pay five pounds to the pnblique Treasure or stand two houres open- ly vpon a block or stoole foure foott high vppon a Lecture day, with a paper fixd on his Breast, written with capitalle letters, AN OPEN AND OBSTINATE CONTEMNER OF GODS HOLY ORDINANCES, that others may feare and bee ashamed of breaking out into the like wick- ness.

It is Ordered, and decreed by this Court, and authority thereof; that wheresoever the Ministry of the word is es- tablished according to the order of the Gospell throughout this Jurisdiction, every person shall duely resorte and at- tend thereunto respectiuely vppon the Lords day, and vppon such publique Fast days, and days of Thanksgiving, as are to bee generally kept by the appointment of Authority : — And if any person within this Jurisdiction, shall without just and necessary cause, withdraw himselfe from hering the publique ministry of the word, after due means of con- viction used, hee shall forfeit for his absence from euery such publique meeting, five shillings : All such offences to bee heared and determined by any one Magistrate or more, from time to time.

fforasmuch as the peace and prosperity of Churches and members thereof, as well as ciuill rights and libberties, are carefully to be maintained,

It is ordered by this Courte and decreed, that the civill authority heere established, hath power and liberty to see the peace, ordinances, and rules of Christe, bee obserued in euery Church, according to his word : As allso to deal with any Church member in a way of ciuill justice, notwithstand-

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ing any church relation, office, or interest, so it bee done in a ciuill and not in an Ecclesiasticall way, nor shall any Church censure, degrade, or depose any man from any ciuill dignitye, office or authority, hee shall have in the com- monwealth.*

October, 1652.

It is ordered, that notice shall be given to the Sachems of the Indians within this Jurisdiction, that no Indian shall walke or come neare vnto, or among any Englishmen's howses in townes or ffarmes, or either side of the river, or elsewhere, vppon the Lord's day, except it be in theire ne- cessary way of recourse to thepublique preaching of God's word, vppon penalty of ffyne, or imprisonment, as any one magistrate or more, before whom such offendors shall be brought, shall judge meet, and as the nature of their fact shall appeare to him or them to deserue.

A General Court in Hartford, th Qtli of April, 1G54.

It is also ordered, that, whatsoever Barbados liqvors com- monly called Rum, Kill-Divell, or the like, shall be landed in any place of this Jurisdiction, or any parte thereof, sould or drawne, in any vessell lying in any harbour or Roade in this commonwealth, after the publication of this order, shall bee all forfeited and confiscated to this Common wealth ; and it shall be lawfull for any person within this Jurisdic- tion, to make seazory thereof, two third parts to belong to the publiqve Treasury and the other to the party seazing. And it is also further ordered, that every Ankor of liqvor that is landed in any place within this Jurisdiction, shall pay to the public Treasury ten shillings, and every butt of Wine, forty shillings, or Hogshead of Wine, Twenty Shil-

* This is one of the laws, contained in the code, compiled by Roger Ludlow, Esq., who in 164G, was employed by the Legislature to compile a body of laws for the Colony of Connecticut, which he completed in 1G50.

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lings, or qvarter Cask, Ten Shillings, whether they are full or noe. This order repealed, March 11th ff.

June 15th, 59.

*Mr. Willis is requested to goe dovvne to Seabrook, to assist ye Major in examininge the suspitions about Witche- ry, and to act therein as may be requisite.

May, 1660.

This Court doth order, that noe man or woman, within this Coll. who hath a wife or husband in forraigne parts, shal live here above two years, vpon penalty of 40s. pr. month, vpon every such offender, and any that haue bene aboue 3 years already, not to remaine within this Col. aboue one yeare longer, vpon the same penalty, except they haue liberty from ye Gen. Court.

May 1662— J. Gencrdll Court.

This Court orders, that the Bible that was sent to good- wife Williams, be by Serg't John Not, delivered to good- wife Harrison, who engageth to this Court to give vnto ye children of ye said Williams a Bushel of Wheat a peice, as they shal come out of their time ; and John Not doth en- gage to give each of ye children 2 shillings a peice, as they come out of their time, to buy them Bibles, and John Not hath hereby power granted him, as is ordered, to dispose of ye rest of ye books to ye children of the said Williams.

August, 1663.

This court being sensible of the great inconueniency that may come to the members of this Colony, by Indians walk* ing up and down the towns in the night season, to buy liquers, doe order, that whatsoeuer Indian shall be found

*Maj'r John Mason.

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Walking up and down in any towne in this corporation, after the day light shutting in, except he giue sufficient reasons, shall forfeit twenty shillings ; fifteen to the publiqe treasury, and fiueto the person or persons complaining, or proueing the same, or else be seuerely whipt six stripes at least ; and any one Assistant or Commissioner hath power to hear and issue any such complaint, and if any Indian shall be found in the night season, transgressing this order, the Assistant or Commissioners, or any one of them may secure them, by setting a watch vpon them, or by committing them to prison for a tryall, ye next sitting oppertunity : this to be publish- ed to the Indians, in, or about each townes.

Oct. 1G6S.

For easing the publique charge of the jurisdiction, This Court ordereth this as a meet allowance to every town, to- wards the charge of Deputies, leaueing each seuerall town their liberty, to send one or two euery session of the Gen- erall Court, according to Charter.

To Hartford, one pownd five shillings.

To Wethersfield, one pownd tea shillings.

To Windsor, two pownds.

To Middletown, two pownds.

To Farmington, two pownds.

To Fayerfield, two pownds fifteen shillings.

To Norwalk, two pownds fifteen shillings.

To Rye, three pownds.

To Haddam, two pownds.

To New London, two pownds fifteen shillings.

To Lyme, two pownds fifteen shillings.

To New Hauen, two pownds tenn shillings.

To Saybrooke, two pownds tenn shillings.

To Guilford, two pownds ienn shillings.

To Norwich, two pownds tenn shillings.

To Brandford, two pownds tenn shillings.

To Standford, three pownds,

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To Kenil worth, two pownds tenn shillings. To Milford, two pownds tenn shillings. To Stratford, two pownds twelve shillings. To Stonington, two pownds fifteen shillings. To Greenwich, three pownds.

For one session, which is for the two Courts yearly, one hundred and seuen pownds fower shillings.

Oct. 1678.

Whereas there is notice taken of. some people that doe frequent the meetings of the Indians at their meetings, and dances, and doe allso joyne with them in their plays, by wagering of their sides, which doth too much countenance them in those fooleries, if not encourage them in their Divill worship, for some, acquainted with their customs, doe say their exercises at such times, is a principle part of the wor- ship they attend : for the prevention whereof, this court doe forbid all persons in this Colony from countenancing the Indians in such meetings, by being present there, upon the penalty of forty shillings for euery breach of this order, and whosoeuer shall joyne with them in any playes, then vsed by the Indians, by playing, abetting, or layeing any wager concerning the running or falling of the game, at any such playes, shall forfeit the sume of ten pownds, the one halfe of each forfeiture to be to the complayner, t lie other to the County Treasury : and whosoeuer shall not be able to pay his fine, he shall be corporally punished, at the discression of the County Court, where such case shall be tryed.

General Court at Hartford, Oct. 1G78.

John Wheeler being complayned of for contemptous car- riage toward the County Court at New London, Sept'r last, in saying to the Court, in open Court, what doe you sitt here to pick men's pockets, the Court haveing considered the case, doe adjudg the sayd Wheeler to pay a fine of five

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pownds for his miscarriage, and to be committed, and con- tinued in prison, tilLfee hath payd the sayd sume, or given sufficient security, to the satisfaction of the Treasurer, for the payment of the same.

At a Court of Election held at Hartford, May 11, 16*6.

Whereas, notwithstanding former provision made for the due observance of the Sabboth, it is observed that by sun- dry abuses the Sabboth is prophaned, the ordinances ren- dered unprofitable, which threatens the rooteing out of the power of godliness, and the procureing of the wrath and Judgments of God upon us and o'r posteritie, for prevention whereof, it is ordered by this Court, that if any person or persons henceforth, either on the Saturday night, or on the Lord's day night, though it be after the sun is sett, shall be found sporting in the streets or fields of any Town in this Jurisdiction, or be drinking in houses of pub. entertein- ment or elsewhere, unless for necessity ; every such person so found, complayned of, and proved transgressing, shall pay ten shillings for every such transgression, or suffer corporall punishment for default of due payment ; nor shall any sell or draw any sort of strong drinke, at any time, or to be used in any such maner, upon the like penalty for every default.

It is also farther ordered that no servill worke shall be done on the Sabboth, viz. such as are not workes of piety, charity or necessity, and no prophane discourse or talke, rude or unreverent behavioure shall be used on that holy day, upon the penalty of ten shillings fine for every trans- gression hereof, and in case the offence be circumstanced with high handed presumption as well prophanesse, the penalty to be augmented at the discression of the Judges.

Widdow Coalman is permitted to transport seven pounds worth of corn to Boston on Mr. Beltcher's Sloope.

Whereas the reading of the scripture, cattechizeing of children, and dayly praver, with giving of thankes, is part

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of God's worsiii[u_and the homage due to him to be attended conscientiously by every Christian- £unily to distinguish them from