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tion and their successors, that it shall be lawful for them

and their officers or agents, at all times hereafter, to trans-

port and convey out of our realm of Great-Britain, or any

other of our dominions, into the said province of Georgia,

to be there settled all such so many of our loving subjects,

or any foreigners that are willing to become our subjects,

and live under our allegiance, in the said colony, as shall be

willing to go to, inhabit, or reside there, with sufficient

shipping, armour, weapons, powder, shot, ordnance, muni-

tion, victuals, merchandise and wares, as are esteemed by

the wild people; clothing, implements, furniture, cattle,

horses, mares, and all other things necessary for the said

colony, and for the use and defence and trade with the

people there, and in passing and returning to and from the

same. Also we do, for ourselves and successors, declare, by

these presents, that all and every the persons which shall

happen to be born within the said province, and every of

their children and posterity, shall have and enjoy all liber-

ties, franchises and immunities of free denizens and natu-

ral born subjects, within any of our dominions, to all

intents and purposes, as if abiding and born within this our

kingdom of Great-Britain, or any other of our dominions—

And for the greater ease and encouragement of our loving

subjects and such others as shall come to inhabit in our

said colony, we do by these presents, for us, our heirs and

successors, grant, establish and ordain, that forever here-

after, there shall be a liberty of conscience allowed in the

worship of God, to all persons inhabiting, or which shall

inhabit or be resident within our said province, and that all

such persons, except papists, shall have a free exercise of

their religion, so they be contented with the quiet and

peaceable enjoyment of the same, not giving offence or

scandal to the government. And our further will and plea-

sure is, and we do hereby for us, our heirs and successors,

declare and grant, that it shall and may be lawful for the

said common council, or the major part of them assembled

for that purpose, in the name of the corporation, and

under the common seal, to distribute, convey, assign and

set over such particular portions of lands, tenements and

hereditaments by these presents granted to the said cor-

poration, unto such our loving subjects, natural born,

denizens or others that shall be willing to become our sub-

jects, and live under our allegiance in the said colony, upon

such terms, and for such estates, and upon such rents,

reservations and conditions as the same may be lawfully

granted, and as to the said common council, or the major

part of them so present, shall seem fit and proper. Pro-

vided always that no grants shall be made of any part of the

said lands unto any person, being a member of the said

corporation, or to any other person in trust, for the benefit

of any member of the said corporation; and that no person

having any estate or interest, in law or equity, in any part

of the said lands, shall be capable of being a member of the

said corporation, during the continuance of such estate or

interest. Provided also, that no greater quantity of lands be

granted, either entirely or in parcels, to or for the use, or

in trust for any one person, than five hundred acres; and

that all grants made contrary to the true intent and mean-

ing hereof, shall be absolutely null and void.

And we do hereby grant and ordain, that such person

or persons, for the time being as shall be thereunto

appointed by the said corporation, shall and may at all

times, and from time to time hereafter, have full power

and authority to administer and give the oaths, appointed

by an act of parliament, made in the first year of the reign

of our late royal father, to be taken instead of the oaths of

allegiance and supremacy; and also the oath of abjuration,

to all and every person and persons which shall at any time

be inhabiting or residing within our said colony; and in like

cases to administer the solemn affirmation to any of the

persons commonly called quakers, in such manners as by

the laws of our realm of Great-Britain, the same may be

administered. And we do, of our further grace, certain

knowledge and mere motion, grant, establish and ordain,

for us, our heirs and successors, that the said corporation

and their successors, shall have full power and authority,

for and during the term of twenty-one years, to commence

from the date of these our letters patent, to erect and con-

stitute judicatories and courts of record, or other courts, to

be held in the name of us, our heirs and successors for the

hearing and determining of all manner of crimes, offences,

pleas, processes, plaints, actions, matters, causes and

things whatsoever, arising or happening, within the said

province of Georgia, or between persons of Georgia;

whether the same be criminal or civil, and whether the

said crimes be capital or not capital, and whether the said

pleas be real, personal or mixed: and for awarding and

making out executions thereupon; to which courts and

judicatories, we do hereby, for us, our heirs and successors,

give and grant full power and authority, from time to time,

to administer oaths for the discovery of truth in any matter

in controversy, or depending before them, or the solemn

affirmation, to any of the persons commonly called quak-

ers, in such manner, as by the laws of our realm of Great-

Britain, the same may be administered.

And our further will and pleasure is, that the said cor-

poration and their successors, do from time to time, and at

all times hereafter, register or cause to be registered, all

such leases, grants, plantings, conveyances, settlements,

and improvements whatsoever, as shall at any time here-

after be made by, or in the name of the said corporation,

or any lands, tenements or hereditaments within the said

province; and shall yearly send and transmit, or cause to be

sent or transmitted, authentic accounts of such leases,

grants, conveyances, settlements and improvements

respectively, unto the auditor of the plantations for the

time being, or his deputy, and also to our surveyor for the

time being of our said province of South-Carolina; to

152 ERA 2: Colonization and Settlement

whom we do hereby grant full power and authority from

time to time, as often as need shall require, to inspect and

survey, such of the said lands and premises, as shall be

demised, granted and settled as aforesaid: which said sur-

vey and inspection, we do hereby declare, to be intended

to ascertain the quitrents which shall from time to time

become due to us, our heirs and successors, according to

the reservation herein before mentioned, and for no other

purposes whatsoever; hereby for us, our heirs and succes-

sors, strictly enjoining and commanding, that neither our

or their surveyor, or any person whatsoever, under the pre-

text and colour of making the said survey or inspection,

shall take, demand or receive, any gratuity, fee or reward,

of or from, any person or persons, inhabiting in the said

colony, or from the said corporation or common council

thereof, on the pain of forfeiture of the said office or

offices, and incurring our highest displeasure. Provided

always, and our further will and pleasure is, that all leases,

grants and conveyances to be made by or in the name of

the said corporation, of any lands within the said province,

or a memorial containing the substance and effect thereof,

shall be registered with the auditor of the said plantations,

of us, our heirs and successors, within the space of one

year, to be computed from the date thereof, otherwise the

same shall be void.

And our further will and pleasure is, that the rents,

issues and all other profits, which shall at any time here-

after come to the said corporation, or the major part of

them which shall be present at any meeting for that pur-

pose assembled, shall think will most improve and enlarge

the said colony, and best answer the good purposes herein

before mentioned, and for defraying all other charges

about the same. And our will and pleasure is, that the said

corporation and their successors, shall from time to time

give in to one of the principal secretaries of state, and to

the commissioners of trade and plantations, accounts of

the progresses of the said colony. And our will and pleasure

is that no act done at any meeting of the said common

council of the said corporation, shall be effectual and valid,

unless eight members at least of the said common council,

including the member who shall serve as chairman at the

said meeting, be present, and the major part of them con-

senting thereunto. And our will and pleasure is, that the

common council of the said corporation for the time being,

or the major part of them who shall be present, being

assembled for that purpose, shall from time to time, for,

and during, and unto the full end and expiration of twenty-

one years, to commence from the date of these our letters

patent, have full power and authority to nominate, make,

constitute and commission, ordain and appoint, by such

name or names, style or styles, as to them shall seem meet

and fitting, all and singular such governors, judges, magis-

trates, ministers and officers, civil and military, both by sea

and land, within the said districts, as shall by them be

thought fit and needful to be made or used for the said

government of the said colony; save always, and except

such offices only as shall by us, our heirs and successors, be

from time to time constituted and appointed, for the man-

aging collecting and receiving such revenues, as shall from

time to time arise within the said province of Georgia, and

become due to us, our heirs and successors.

Provided always, and it is our will and pleasure, that

every governor of the said province of Georgia, to be

appointed by the common council of the said corporation,

before he shall enter upon or execute the said office of

governor, shall be approved by us, our heirs or successors,

and shall take such oaths, and shall qualify himself in such

manner, in all respects, as any governor or commander in

chief of any of our colonies or plantations in America, are

by law required to do; and shall give good and sufficient

security for observing the several acts of parliament relat-

ing to trade and navigation, and to observe and obey all

instructions that shall be sent to him by us, our heirs and

successors, or any acting under our or their authority, pur-

suant to the said acts, or any of them. And we do by these

presents for us, our heirs and successors, will, grant and

ordain, that the said corporation and their successors, shall

have full power for and during and until the full end and

term of twenty-one years, to commence from the date of

these our letters patent, by any commander or other offi-

cer or officers, by them for that purpose from time to time

appointed, to train and instruct, exercise and govern a mili-

tia, for the special defence and safety of our said colony, to

assemble in martial array, the inhabitants of the said

colony, and to lead and conduct them, and with them to

encounter, expulse, repel, resist and pursue by force of

arms, as well by sea as by land, within or without the lim-

its of our said colony; and also to kill, slay and destroy, and

conquer by all fitting ways, enterprizes and means whatso-

ever, all and every such person or persons as shall at any

time hereafter, in any hostile manner, attempt or enter-

prize the destruction, invasion, detriment or annoyance of

our said colony; and to use and exercise the martial law in

time of actual war and invasion or rebellion, in such cases,

where by law the same may be used or exercised; and also

from time to time to erect forts, and fortify any place or

places within our said colony, and the same to furnish with

all necessary ammunition, provisions and stores of war, for

offence and defence, and to commit from time to time the

custody or government of the same, to such person or per-

sons as to them shall seem meet: and the said forts and for-

tifications to demolish at their pleasure; and to take and

surprize, by all ways and means, all and every such person

or persons, with their ships, arms, ammunition and other

goods, as shall in an hostile manner, invade or attempt the

invading, conquering or annoying of our said colony. And

our will and pleasure is, and we do hereby, for us, our heirs

and successors, declares and grant, that the governor and

The Establishment of Colonies and Settlements 153

commander in chief of the province of South-Carolina, of

us, our heirs and successors, for the time being, shall at all

times hereafter have the chief command of the militia of

our said province, hereby erected and established; and that

such militia shall observe and obey all orders and direc-

tions, that shall from time to time be given or sent to them

by the said governor or commander in chief; any thing in

these presents before contained to the contrary hereof, in

any wise notwithstanding. And, of our more special grace,

certain knowledge and mere motion, we have given and

granted, and by these presents, for us, our heirs and suc-

cessors, do give and grant, unto the said corporation and

their successors, full power and authority to import and

export their goods, at and from any port or ports that shall

be appointed by us, our heirs and successors, within the

said province of Georgia, for that purpose, without being

obliged to touch at any other port in South-Carolina. And

we do, by these presents, for us, our heirs and successors,

will and declare, that from and after the termination of the

said term or twenty-one years, such form of government

and method of making laws, statutes and ordinances, for

the better governing and ordering the said province of

Georgia, and the inhabitants thereof, shall be established

and observed within the same, as we, our heirs and suc-

cessors, shall hereafter ordain and appoint, and shall be

agreeably to law; and that from and after the determina-

tion of the said term of twenty-one years, the governor of

our said province of Georgia, and all officers civil and mil-

itary, within the same, shall from time to time be nomi-

nated and constituted, and appointed by us, our heirs and

successors. And lastly, we do hereby, for us, our heirs and

successors, grant unto the said corporation and their suc-

cessors, that these our letters patent, or the enrolments or

exemplification thereof, shall be in and by all things good,

firm, valid, sufficient and effectual in the law, according to

the true intent and meaning thereof, and shall be taken,

construed and adjudged, in all courts and elsewhere in the

most favorable and beneficial sense, and for the best

advantage of the said corporation and their successors any

omission, imperfection, defect, matter or cause, or thing

whatsoever to the contrary, in any wise notwithstanding. In

witness, whereof we have caused these our letters to be

made patent: witness ourself at Westminster, the ninth day

of June in the fifth year of our reign.

By writ of privy-seal.

Cooks.

Source:

Francis Newton Thorpe, ed. The Federal and State Constitu-

tions, Colonial Charters, and Other Organic Laws of the

States, Territories, and Colonies Now or Heretofore Forming

the United States of America. Vol. 2. Washington, D.C.: Gov-

ernment Printing Office, 1909, pp. 765–777.

154 ERA 2: Colonization and Settlement

Settlers and Native Americans in the Colonies

Richard Frethorne, Letter from an

Indentured Servant in Virginia, 1623

An indenture was a form of a contract. The two copies were

written on one piece of paper and then cut from each other

with an “indent” that could be matched up. Individuals too

poor to pay for their passage but desiring to find a better life in

the New World could “indenture” themselves to a ship master,

who in turn sold the indenture to a planter. The servant

worked usually for seven years, or if still a child, until his or

her majority. The earliest blacks brought to America were

thought to be indentured servants, rather than slaves. Convicts

also were given the choice of “the new world or the next

world.” Those choosing the colonies over death also were

indentured. When the indenture was up, the men became

freemen and had the same privileges as others of their station.

________________________

_______________________

Loving and Kind Father and Mother:

My most humble duty remembered to you, hoping in

god of your good health, as I myself am at the making

hereof. This is to let you understand that I your child am

in a most heavy case by reason of the country, [which] is

such that it causeth much sickness, [such] as the scurvy

and the bloody flux and diverse other diseases, which

maketh the body very poor and weak. And when we are

sick there is nothing to comfort us; for since I came out of

the ship I never ate anything but peas, and loblollie (that

is, water gruel). As for deer or venison I never saw any

since I came into this land. There is indeed some fowl, but

we are not allowed to go and get it, but must work hard

both early and late for a mess of water gruel and a mouth-

ful of bread and beef. A mouthful of bread for a penny loaf

must serve for four men which is most pitiful. [You would

be grieved] if you did know as much as I [do], when peo-

ple cry out day and night—Oh! That they were in England

without their limbs—and would not care to lose any limb

to be in England again, yea, though they beg from door to

door. For we live in fear of the enemy every hour, yet we

have had a combat with them . . . and we took two alive and

made slaves of them. But it was by policy, for we are in

great danger; for our plantation is very weak by reason of

the death and sickness of our company. For we came but

twenty for the merchants, and they are half dead just; and

we look every hour when two more should go. Yet there

came some four other men yet to live with us, of which

there is but one alive; and our Lieutenant is dead, and

[also] his father and his brother. And there was some five

or six of the last year’s twenty, of which there is but three

left, so that we are fain to get other men to plant with us;

and yet we are but 32 to fight against 3000 if they should

come. And the nighest help that we have is ten mile of us,

and when the rogues overcame this place [the] last [time]

they slew 80 persons. How then shall we do, for we lie

even in their teeth? They may easily take us, but [for the

fact] that God is merciful and can save with few as well as

with many, as he showed to Gilead. And like Gilead’s sol-

diers, if they lapped water, we drink water which is but

weak.

And I have nothing to comfort me, nor is there noth-

ing to be gotten here but sickness and death, except [in the

event] that one had money to lay out in some things for

profit. But I have nothing at all—no, not a shirt to my back

but two rags (2), nor clothes but one poor suit, nor but one

pair of shoes, but one pair of stockings, but one cap, [and]

but two bands [collars]. My cloak is stolen by one of my fel-

lows, and to his dying hour [he] would not tell me what he

did with it; but some of my fellows saw him have butter

and beef out of a ship, which my cloak, I doubt [not], paid

for. So that I have not a penny, nor a penny worth, to help

me too either spice or sugar or strong waters, without the

which one cannot live here. For as strong beer in England

doth fatten and strengthen them, so water here doth wash

and weaken these here [and] only keeps [their] life and

soul together. But I am not half [of] a quarter so strong as

I was in England, and all is for want of victuals; for I do

protest unto you that I have eaten more in [one] day at

home than I have allowed me here for a week. You have

given more than my day’s allowance to a beggar at the

door; and if Mr. Jackson had not relieved me, I should be

in a poor case. But he like a father and she like a loving

mother doth still help me.

For when we go to Jamestown (that is 10 miles of us)

there lie all the ships that come to land, and there they

must deliver their goods. And when we went up to town

[we would go], as it may be, on Monday at noon, and come

there by night, [and] then load the next day by noon, and

go home in the afternoon, and unload, and then away again

in the night, and [we would] be up about midnight. Then

if it rained or blowed never so hard, we must lie in the boat

on the water and have nothing but a little bread. For when

we go into the boat we [would] have a loaf allowed to two

men, and it is all [we would get] if we stayed there two

days, which is hard; and [we] must lie all that while in the

boat. But that Goodman Jackson pitied me and made me

a cabin to lie in always when I [would] come up, and he

would give me some poor jacks [fish] [to take] home with

me, which comforted me more than peas or water gruel.

Oh, they be very godly folks, and love me very well, and

will do anything for me. And he much marvelled that you

would send me a servant to the Company; he saith I had

been better knocked on the head. And indeed so I find it

now, to my great grief and misery; and [I] saith that if you

love me you will redeem me suddenly, for which I do

entreat and beg. And if you cannot get the merchants to

redeem me for some little money, then for God’s sake get

a gathering or entreat some good folks to lay out some lit-

tle sum of money in meal and cheese and butter and beef.

Any eating meat will yield great profit. Oil and vinegar is

very good; but, father, there is great loss in leaking. But for

God’s sake send beef and cheese and butter, or the more

of one sort and none of another. But if you send cheese, it

must be very old cheese; and at the cheesemonger’s you

may buy very food cheese for twopence farthing or half-

penny, that will be liked very well. But if you send cheese,

you must have a care how you pack it in barrels; and you

must put cooper’s chips between every cheese, or else the

heat of the hold will rot them. And look whatsoever you

send me—be in never so much—look, what[ever] I make

of it, I will deal truly with you. I will send it over and beg

the profit to redeem me; and if I die before it come, I have

entreated Goodman Jackson to send you the worth of it,

who hath promised he will. If you send, you must direct

your letters to Goodman Jackson, at Jamestown, a gun-

smith. (You must set down his freight, because there be

more of his name there.) Good father, do not forget me,

but have mercy and pity my miserable case. I know if you

did but see me, you would weep to see me; for I have but

one suit. (But [though] it is a strange one, it is very well

guarded.) Wherefore, for God’s sake, pity me. I pray you to

remember my love to all my friends and kindred. I hope all

my brothers and sisters are in good health, and as for my

Settlers and Native Americans in the Colonies 155

part I have set down my resolution that certainly will be;

that is, that the answer of this letter will be life or death to

me. Therefore, good father, send as soon as you can; and if

you send me any thing let this be the mark.

Richard Frethorne,

Martin’s Hundred.

Source:

Susan Kingsbury, ed., The Records of the Virginia Company of

London. Washington, D.C.: Government Printing Office,

1935, pp. 4: 58–62.

Virginia Statutes Regulating Slavery,

ca. 1660–1669

Dutch traders first sold African slaves to Virginia settlers in the

early 17th century. Although the number of slaves was rela-

tively small in the first half of the century, the institution of

slavery was firmly established by statutes passed in Virginia in

the 1660s. These laws regulated every aspect of slavery,

including how to deal with runaway slaves, the servitude of

children, baptism, taxation, and punishment. They also

reflected the processes by which the law developed as rela-

tions between slaves and the English settlers produced new

conditions that required clarification. The laws also made

clear that anyone at least half Negro was to be considered

apart (and presumably inferior to) the English, regardless of

their status, slave or free, and whether they had an English

father. The act regarding the casual killing of slaves also made

clear that at least in law slaves were considered property first.

________________________

_______________________

Act XXII. English Running Away with Negroes,

ca. 1660

English running away with negroes.

Bee itt enacted That case in any English servant shall

run away in company with any negroes who are incapable

of makeing satisfaction by addition of time, Bee itt enacted

that the English so running away in company with them

shall serve for the time of the said negroes absence as they

are to do for their owne by a former act.

Act XXII. Negro Womens Children to Serve

According to the Condition of the Mother, 1662

Negro womens children to serve according to the condition

of the mother.

Whereas some doubts have arrisen whether children

got by any Englishman upon a negro woman should be

slave or ffree, Be it therefore enacted and declared by this

present grand assembly, that all children borne in this

country shalbe held bond or free only according to the

condition of the mother, And that if any christian shall

committ ffornication with a negro man or woman, hee or

shee soe offending shall pay double the ffines imposed by

the former act.

Act III. An Act Declaring that Baptisme of Slaves

Doth Not Exempt Them from Bondage, 1667

An act declaring that baptisme of slaves doth not exempt

themfrom bondage.

Whereas some doubts have risen whether children

that are slaves by birth, and by the charity and piety of

their owners made pertakers of the blessed sacrament of

baptisme, should by vertue of their baptisme be made

ffree; It is enacted and declared by this grand assembly,

and the authority thereof, that the conferring of baptisme

doth not alter the condition of the person as to his bondage

or ffreedome; that diverse masters, ffreed from this doubt,

may more carefully endeavour the propagation of chris-

tianity by permitting children, though slaves, or those of

greater growth if capable to be admitted to that sacrament.

Act. VII Negro Women Not Exempted from Tax,

1668

Negro women not exempted from tax.

Whereas some doubts, have arisen whether negro

women set free were still to be accompted tithable accord-

ing to a former act, It is declared by this grand assembly

that negro women, though permitted to enjoy their free-

dom yet ought not in all respects to be admitted to a full

fruition of the exemptions and impunities of the English,

and are still liable to payment of taxes.

Act I. An Act about the Casuall Killing of Slaves,

1669

An act about the casuall killing of slaves

Whereas the only law in force for the punishment of

refractory servants resisting their master, mistris or over-

seer cannot be inflicted upon negroes, nor the obstinacy of

many of them by other then violent meanes supprest, Be it

enacted and declared by this grand assembly, if any slave

resist his master (or other by his masters order correcting

him) and by the extremity of the correction should chance

to die, that his death shall not be accompted ffelony, but

the master (or that other person appointed by the master

to punish him) be acquit from molestation, since it cannot

be presumed that prepensed malice (which alone makes

murther ffelony) should induce any man to destroy his own

estate.

Source:

Samuel Shepherd. Statutes at Large of Virginia. Vol. 2. New

York: AMS Press, 1970. pp. 26, 170, 260, 267, 270.

156 ERA 2: Colonization and Settlement

Connecticut Blue Laws,

1673–1677, 1702

Colonial legislation regulating community standards of moral-

ity in Sabbath observance, dress, and habits. They came to be

called

blue laws

. At the time,

blue

had a negative connotation,

referring to inflexible moral standards. The English Parliament

had enacted similar laws in the 14th century regulating sump-

tuous clothing, and later laws prohibited smoking, unnecessary

work on the Sabbath, and barred certain businesses and sport-

ing events from operating on Sundays. These laws were largely

transplanted to the colonies intact and go back to the earliest

years of the colonial period. Perhaps the most extreme mea-

sures were taken in New England, where, in 1651, the Mass-

achusetts General Court declared its “complete disapproval of

men and women of mean condition who wear the clothing of

gentlemen” and prohibited personal adornments of gold, silk,

and fur for those with estates of less than 200 pounds. The term

blue laws

, came into popular use with the publication of Rev-

erend Samuel Peters’s

General History of Connecticut

(1781),

in which he ridiculed the Puritans with an imaginary code

restricting mothers from kissing their children on Sundays.

________________________

_______________________

Act Concerning the Dowry of Widows, 1673

That there may be some Provision made for the certain

maintenance of Widows after the decease of their Husbands;

It is Ordered by the Authority of this Court; That

every Married Woman (living with her Husband in this

Colony, or otherwise absent from him with his consent, or

through his meer default, or inevitable providence, or in

cafe of Divorce, where she is the innocent party) that shall

nor before Marriage be Estated by way of joynture in

some Houses Lands, Tenements or other Hereditaments

for term of her life, shall immediately after the death of

her Husband have right and interest by way of dower in

and to one third part of the real estate of her said husband

that he stood of at the time of his decease in Houses and

Lands, to be to her only during her natural life: And that

every such Widow so endowed as aforesaid, shall maintain

all such Houses, Fences and Inclosures as shall be as-

signed her for her Dowry, and shall leave the fame in good

and sufficient reparation; the remainder of the Estate to

be disposed according to the Will of the deceased, or in

defect thereof according to the distribution the Court

shall make thereof.

Act for Regulating and Orderly Celebrating of

Marriage, 1673

For the preventing all unlawful Marriages;

It is Ordered by the Authority of this Court; That after

the publication hereof, no persons shall be joyned in Mar-

riage before the intentions of the parties proceedings

therein hath been published sufficiently at some publick

Lecture or Town meeting in the Towns where the parties

or either of them do ordinarily reside, or be set up in Writ-

ing fairly written upon some post of their Meeting House

Door in publick view, there to stand so as it may be read

eight dayes before such Marriage.

And whereas the power of disposal of Children in

Marriage doth reside in the hands of Parents, and to pre-

vent irregular proceeding herein;

It is Ordered by this Court; That whatsoever person

from henceforth shall directly or indirectly endeavour to

draw away the Affections of any Maid in this Colony, upon

pretence of Marriage, before he hath obtained liberty and

allowance from her Parents, Governours or Guardians, he

shall forfeit for the first offence, five pounds, for the sec-

ond offence towards the fame party ten pounds, and for

the third offence, upon information or complaint by such

Parents or Governours to any Magistrate, giving Bond to

prosecute the party, he shall be committed to Prison, and

upon hearing and conviction, by the next County Court, he

shall be adjudged to continue in Prison until the Court of

Assistants shall see cause to release him.

And as the Ordinance of Marriage is honourable

amongst all, so it is meet it should be accordingly

solemnized;

It is therefore Ordered by the Authority of this Court;

That no person whatsoever in this Jurisdiction, shall joyn

any persons together in Marriage, but the Magistrates, or

such other as the General Court or Court of Assistants

shall Authorize in such places where no Magistrate is near,

nor shall any Magistrate or other person as aforesaid, joyn,

and persons together in Marriage before the parties to be

Married have been published according to Law.

Act Relating to Bills of Divorce, 1677

It is ordered by this Court that noe bill of divorce shall be

granted to any man or woman lawfully marryed but in case

of adultery, fraudulent contract, or willfull desertion for

three years with totall neglect of duty, or seven years’ prov-

identiall absence being not heard of after due enquiry

made and certifyed, such party shall be counted as legally

dead to the other party; in all which cases a bill of divorce

may be granted by the Court of Assistants to the agreived

party who may then lawfully marry or be marryed to any

other.

Act for Regulating and Orderly Celebrating

of Marriage (1702)

An Act to Prevent Incestuous Marriages

Although this Court doth not take in hand to determine

what is the whole breadth of the Divine Commandment,

respecting unlawful Marriages, yet for preventing that

Settlers and Native Americans in the Colonies 157

abominable Dishonesty and Confusion which might other-

wise happen.

Be it Enacted by the Governour, Council and Repre-

sentatives in General Court Assembled, and by the

Authority of the same, That no man shall marry any

woman within the degrees hereafter named in this Act,

That is to say, No man shall marry his Grandfathers Wife,

Wives Grandmother, Fathers Sister, Mothers Sister,

Fathers Brothers Wife, Mothers Brothers Wife, Wives

Fathers Sister, Wives Mothers Sister, Fathers Wife, Wives

Mother; Daughter, Wives Daughter, Sons Wife, Sister,

Brothers Wife, Wives Sister, Sons Daughter, Daughters

Daughter, Sons Sons Wife, Daughters Sons Wife, Wives

Sons Daughter, Wives Daughters Daughter, Brothers

Daughter, Sisters Daughter, Brothers Sons Wife, Sisters

Sons Wife, Wives Brothers Daughter, Wives Sisters

Daughter; and if any man shall hereafter marry, or have

carnal copulation with any woman, who is within the

degrees before recited in this Act, every such Marriage

shall be, and is hereby declared to be null and void; and all

Children that shall hereafter be born of such Incestuous

Marriage or Copulation, shall be for ever disabled to

Inherit by Descent, or by being generally named in any

Deed or Will, by Father or Mother.

And be it further Enacted by the Authority aforesaid,

That every man and woman, who shall marry, or carnally

know each other, being within any of the degrees before

recited in this Act, and shall be convicted thereof before

His Majesties Court of Assistants within this Colony, such

man and woman so convicted, shall be set upon the Gal-

lows by the space of an hour, with a Rope about their

Neck, and the other end cast over the Gallows, and in the

way from thence to the Common Goal, shall be severely

Whipt, not exceeding forty stripes each. Also every person

so offending, shall for ever after wear a Capital I of two

inches long, and proportionable bigness, cut out in cloth of

a contrary colour to their Cloaths, and sewed upon their

upper Garments, on the outside of their arm, or on their

Back in open view; and if any person or persons having

been convicted and sentenced for such offence, shall at

any time be found without their Letter so worn, during

their aboad in this Colony, they shall by Warrant from any

one Assistant or Justice of the Peace, be forthwith appre-

hended, and ordered to be publickly Whipt, not exceeding

fifteen stripes, and so from time to time Toties Quoties.

And be it further Enacted by the Authority aforesaid,

That if any man or woman, that shall hereafter marry con-

trary to the intent of this Act, and whose Marriage shall be

by this Act declared null and void, shall be so hardy as to

converse together as man and wife, or shall continue to

dwell in the same House at any time after the publication

of this Act, and be thereof convicted, or if any man and

woman, who shall hereafter be divorced, or their Marriage

declared to be null and void, according to the Law of this

Colony, shall Cohabit or Converse together as man and

wife, and be thereof convicted, all and every such persons

shall suffer the pains and penalties mentioned in an Act

made, and passed by this Court, Intituled, An act against

Adultery, which in and by the said Act, are set and

imposed upon such as shall be taken in Adultery. And it

shall be in the power of the Court of Assistants to assign

unto any woman so separated, such reasonable part of the

Estate of her late Husband, as in their discretion the cir-

cumstances of the Estate may admit, not exceeding one

third part thereof.

And for preventing of all unlawful Marriages.

It is further Enacted by the Authority aforesaid, That

after the Publication hereof, no person shall be joyned in

Marriage, before the Intentions of the parties proceeding

therein, hath been published sufficiently at some publick

Lecture or Town Meeting in the Towns where the parties

or either of them do ordinarily reside, or be set up in Writ-

ing fairly written upon some post of their Meeting-House

door in publick views there to stand, so as it may be read

eight days before such Marriage.

And whereas the power of disposal of children in Mar-

riage doth reside in the hands of Parents, and that irregu-

lar proceedings therein may be prevented.

It is further Enacted by the Authority aforesaid, That

whatsoever person shall after the publication hereof,

directly or indirectly endeavour to draw away the affec-

tions of any Maid in this Colony, upon pretence of Mar-

riage, before he hath obtained liberty and allowance from

the Parents, Governours or Guardians; he shall forfeit for

the first offence, Five Pounds, for the second offence

towards the same party, Ten Pounds, and for the third

offence, upon information or complaint by such Parents or

Governours to any Assistant or Justice of the Peace, giving

Bond to prosecute the party, he shall be Committed to the

Prison, and upon hearing and conviction before the next

County Court, he shall be adjudged to continue in Prison,

until the Court of Assistants shall see cause to release him.

And as the Ordinance of Marriage is honourable

amongst all, so it is meet it should be accordingly solem-

nized,

Be it therefore further Enacted by the Authority

aforesaid, That no person whatsoever in this Colony, shall

joyn any persons together in Marriage, other than a Mag-

istrate, Justice of the Peace, and that within his own

County, or Ordained Minister, and that only in the Town

where he is Settled in the work of the Ministry; Nor shall

any Magistrate, Justice of Peace, or Ordained Minister,

presume to joyn any persons together in Marriage, before

the parties to be Married have been published according

to Law; Or before such Magistrate, Justice or Minister is

Certified of the consent of the Parents or Guardians (if any

158 ERA 2: Colonization and Settlement

be) of such parties: On pain of forfeiting the Sum of

Twenty Pounds, one moiety whereof shall be to him or

them that shall complain of, and prosecute the same to

effect, and the other moiety to the Treasury of the County

wherein the offence shall be committed.

And if any person or persons shall presume to deface,

or to pull down any Publishment set up in writing, before

the expiration of eight days after the time of its being set

up, every such person or persons shall be fined the Sum of

Ten Shillings, to the use of the poor of the Town where the

offence is committed, he or they being thereof legally con-

victed, before any one Assistant or Justice of the Peace; or

be Set in the Stocks one whole hour.

And it is further Enacted by the Authority aforesaid,

That if any man shall wear Womens Apparel, or if any

woman shall wear mens Apparel, and be thereof duly con-

victed; they shall be corporally punished, or fined at the

discretion of the County Court, not exceeding Five

Pounds, to the use of the County where the offence is

committed, towards the defraying of the County Charges.

Source:

State Archives, Connecticut State Library, Hartford, Connecticut.

Resolutions of Germantown Mennonites

Against Slavery, 1688

Statements condemning slavery issued in 1688 by the Men-

nonite leaders of Germantown, Pennsylvania. This document,

the earliest known example of written opposition to the insti-

tution in the colonies, made clear the Mennonites’ unequivo-

cal opposition: “to bring men hither, to rob and sell them

against their will, we stand against.”

________________________

_______________________

This is to the monthly meeting held at Richard Worrell’s:

These are the reasons why we are against the traffic

of men-body, as followeth: Is there any that would be

done or handled at this manner? viz., to be sold or made

a slave for all the time of his life? How fearful and faint-

hearted are many at sea, when they see a strange vessel,

being afraid it should be a Turk, and they should be taken,

and sold for slaves into Turkey. Now, what is this better

done, than Turks do? Yea, rather it is worse for them,

which say they are Christians; for we hear that the most

part of such negers are brought hither against their will

and consent, and that many of them are stolen. Now,

though they are black, we cannot conceive there is more

liberty to have them slaves, as it is to have other white

ones. There is a saying, that we should do to all men like

as we will be done ourselves; making no difference of

what generation, descent, or colour they are. And those

who steal or rob men, and those who buy or purchase

them, are they not all alike? Here is liberty of conscience,

which is right and reasonable; here ought to be likewise

liberty of the body, except of evil-doers, which is another

case. But to bring men hither, or to rob and sell them

against their will, we stand against. In Europe there are

many oppressed for conscience-sake; and here there are

those oppressed which are of a black colour. And we who

know that men must not commit adultery—some do com-

mit adultery in others, separating wives from their hus-

bands, and giving them to others: and some sell the

children of these poor creatures to other men. Ah! do

consider well this thing, you who do it, if you would be

done at this manner—and if it is done according to Chris-

tianity! You surpass Holland and Germany in this thing.

This makes an ill report in all those countries of Europe,

where they hear of [it], that the Quakers do here handel

men as they handel there the cattle. And for that reason

some have no mind or inclination to come hither. And

who shall maintain this your cause, or plead for it? Truly,

we cannot do so, except you shall inform us better hereof,

viz.: that Christians have liberty to practice these things.

Pray, what thing in the world can be done worse towards

us, than if men should rob or steal us away, and sell us for

slaves to strange countries; separating husbands from

their wives and children. Being now this is not done in the

manner we would be done at; therefore, we contradict,

and are against this traffic of men-body. And we who pro-

fess that it is not lawful to steal, must, likewise, avoid to

purchase such things as are stolen, but rather help to stop

this robbing and stealing, if possible. And such men ought

to be delivered out of the hands of the robbers, and set

free as in Europe. Then is Pennsylvania to have a good

report, instead, it hath now a bad one, for this sake, in

other countries; Especially whereas the Europeans are

desirous to know in what manner the Quakers do rule in

their province; and most of them do look upon us with an

envious eye. But if this is done well, what shall we say is

done evil?

If once these slaves (which they say are so wicked

and stubborn men,) should join themselves—fight for

their freedom, and handel their masters and mistresses,

as they did handel them before; will these masters and

misstresses take the sword at hand and war against these

poor slaves, like, as we are able to believe, some will not

refuse to do? Or, have these poor negers not as much

right to fight for their freedom, as you have to keep them

slaves?

Now consider well this thing, if it is good or bad. And

in case you find it to be good to handel these blacks in that

manner, we desire and require you hereby lovingly, that

you may inform us herein, which at this time never was

done, viz., that Christians have such a liberty to do so. To

Settlers and Native Americans in the Colonies 159

the end we shall be satisfied on this point, and satisfy like-

wise our good friends and acquaintances in our native

country, to whom it is a terror, or fearful thing, that men

should be handelled so in Pennsylvania.

This is from our meeting at Germantown, held ye 18th

of the 2d month, 1688, to be delivered to the monthly

meeting at Richard Worrell’s.

Garret Henderich, Derick op de Graeff,

Francis Daniel Pastorius, Abram op de Graeff.

Source:

Henry Steele Commager, ed. Documents of American History.

New York: F.S. Crofts & Co., 1934.

“The Narrative of the Captivity and

Restoration of Mary Rowlandson,” 1692

This is an example of “captivity narratives,” written by Euro-

pean Americans who were taken prisoner during Indian upris-

ings. Its full title is

The sovereignty and goodness of GOD,

together with the faithfulness of his promises displayed, being

a narrative of the captivity and restoration of Mrs. Mary Row-

landson, commended by her, to all that desires to know the

Lord’s doings to, and dealings with her. Especially to her dear

children and relations. The second Addition [sic] Corrected

and amended. Written by her own hand for her private use,

and now made public at the earnest desire of some friends,

and for the benefit of the afflicted. Deut. 32.39. See now that

I, even I am he, and there is no god with me, I kill and I make

alive, I wound and I heal, neither is there any can deliver out

of my hand.

Although there were many instances of cooperation

between local Native Americans and colonists, there were

also numerous massacres on both sides. The colonial captivity

narratives tended to emphasize the goodness of God in restor-

ing these settlers to their compatriots. However, a significant

number of captives, especially children, chose to remain with

the Indians.

Mary Rowlandson was taken prisoner in 1775 during the

bloodiest war between New Englanders and Indians, known to

the English as King Philip’s War, after their name for the Native

American leader Metacomet, son of Massasoit, who assisted

the Pilgrims. In 1671 Metacomet’s nation, the Wampanoag,

surrendered their weapons and agreed to abide by English law.

However, skirmishes between the settlers and Indians contin-

ued. By fall the Narragansett and Nipmuck had joined the

Wampanoag and the fight spread to the Connecticut River Val-

ley in Massachusetts. Using weapons they had repaired and

hidden, the Indians, in 1676, attacked Plymouth and Provi-

dence, Rhode Island, killing or capturing some 10 percent of

Massachusetts men, ruining more than 1,000 homes, and

slaughtering Plymouth’s cattle. The settlers retaliated with the

help of converted “praying Indians.” They prevailed after

Metacomet was murdered. Many of the Indian prisoners were

then sent as slaves to the Caribbean.

The portions excerpted here describe the battle in which

Mary was captured, her experience while a slave of the Indi-

ans, and her return.

________________________

_______________________

On the tenth of February 1675, came the Indians with

great numbers upon Lancaster: their first coming was

about sunrising; hearing the noise of some guns, we looked

out; several houses were burning, and the smoke ascend-

ing to heaven. There were five persons taken in one house;

the father, and the mother and a sucking child, they

knocked on the head; the other two they took and carried

away alive. There were two others, who being out of their

garrison upon some occasion were set upon; one was

knocked on the head, the other escaped; another there was

who running along was shot and wounded, and fell down;

he begged of them his life, promising them money (as they

told me) but they would not hearken to him but knocked

him in head, and stripped him naked, and split open his

bowels. Another, seeing many of the Indians about his

barn, ventured and went out, but was quickly shot down.

There were three others belonging to the same garrison

who were killed; the Indians getting up upon the roof of

the barn, had advantage to shoot down upon them over

their fortification. Thus these murderous wretches went

on, burning, and destroying before them.

At length they came and beset our own house, and

quickly it was the dolefulest day that ever mine eyes saw.

The house stood upon the edge of a hill; some of the Indi-

ans got behind the hill, others into the barn, and others

behind anything that could shelter them; from all which

places they shot against the house, so that the bullets

seemed to fly like hail; and quickly they wounded one

man among us, then another, and then a third. About two

hours (according to my observation, in that amazing time)

they had been about the house before they prevailed to

fire it (which they did with flax and hemp, which they

brought out of the barn, and there being no defense

about the house, only two flankers at two opposite cor-

ners and one of them not finished); they fired it once and

one ventured out and quenched it, but they quickly fired

it again, and that took. Now is the dreadful hour come,

that I have often heard of (in time of war, as it was the

case of others), but now mine eyes see it. Some in our

house were fighting for their lives, others wallowing in

their blood, the house on fire over our heads, and the

bloody heathen ready to knock us on the head, if we

stirred out. Now might we hear mothers and children cry-

160 ERA 2: Colonization and Settlement

ing out for themselves, and one another, “Lord, what shall

we do?” Then I took my children (and one of my sisters’,

hers) to go forth and leave the house: but as soon as we

came to the door and appeared, the Indians shot so thick

that the bullets rattled against the house, as if one had

taken an handful of stones and threw them, so that we

were fain to give back. . . .

But out we must go, the fire increasing, and coming

along behind us, roaring, and the Indians gaping before us

with their guns, spears, and hatchets to devour us. No

sooner were we out of the house, but my brother-in-law

(being before wounded, in defending the house, in or

near the throat) fell down dead, whereat the Indians

scornfully shouted, and hallowed, and were presently

upon him, stripping off his clothes, the bullets flying thick,

one went through my side, and the same (as would seem)

through the bowels and hand of my dear child in my arms.

One of my elder sisters’ children, named William, had

then his leg broken, which the Indians perceiving, they

knocked him on [his] head. Thus were we butchered by

those merciless heathen, standing amazed, with the blood

running down to our heels. My eldest sister being yet in

the house, and seeing those woeful sights, the infidels

hauling mothers one way, and children another, and some

wallowing in their blood: and her elder son telling her that

her son William was dead, and myself was wounded, she

said, “And Lord, let me die with them,” which was no

sooner said, but she was struck with a bullet, and fell

down dead over the threshold. I hope she is reaping the

fruit of her good labors, being faithful to the service of

God in her place. . . . the Indians laid hold of us, pulling

me one way, and the children another, and said, “Come go

along with us”; I told them they would kill me: they

answered, if I were willing to go along with them, they

would not hurt me . . .

The First Remove

Now away we must go with those barbarous creatures,

with our bodies wounded and bleeding, and our hearts no

less than our bodies. About a mile we went that night, up

upon a hill within sight of the town, where they intended

to lodge. There was hard by a vacant house (deserted by

the English before, for fear of the Indians). I asked them

whether I might not lodge in the house that night, to

which they answered, “What, will you love English men

still?” This was the dolefulest night that ever my eyes

saw. Oh the roaring, and singing and dancing, and yelling

of those black creatures in the night, which made the

place a lively resemblance of hell. And as miserable was

the waste that was there made of horses, cattle, sheep,

swine, calves, lambs, roasting pigs, and fowl (which they

had plundered in the town), some roasting, some lying

and burning, and some boiling to feed our merciless

enemies; who were joyful enough, though we were dis-

consolate. . . .

The Second Remove

. . . One of the Indians carried my poor wounded babe

upon a horse; it went moaning all along, “I shall die, I shall

die.” I went on foot after it, with sorrow that cannot be

expressed. At length I took it off the horse, and carried it

in my arms till my strength failed, and I fell down with it.

Then they set me upon a horse with my wounded child in

my lap, and there being no furniture upon the horse’s back,

as we were going down a steep hill we both fell over the

horse’s head, at which they, like inhumane creatures,

laughed, and rejoiced to see it, though I thought we should

there have ended our days, as overcome with so many dif-

ficulties. But the Lord renewed my strength still, and car-

ried me along, that I might see more of His power; yea, so

much that I could never have thought of, had I not experi-

enced it.

After this it quickly began to snow, and when night

came on, they stopped, and now down I must sit in the

snow, by a little fire, and a few boughs behind me, with my

sick child in my lap; and calling much for water, being now

(through the wound) fallen into a violent fever. . . .

The Third Remove

. . . This day there came to me one Robert Pepper (a man

belonging to Roxbury) who was taken in Captain Beers’s

fight, and had been now a considerable time with the Indi-

ans; and up with them almost as far as Albany, to see King

Philip. . . . He told me he himself was wounded in the leg

at Captain Beer’s fight; and was not able some time to go,

but as they carried him, and as he took oaken leaves and

laid to his wound, and through the blessing of God he was

able to travel again. Then I took oaken leaves and laid to my

side, and with the blessing of God it cured me also. . . .

Nine days I sat upon my knees, with my babe in my

lap, till my flesh was raw again; my child being even ready

to depart this sorrowful world, they bade me carry it out to

another wigwam (I suppose because they would not be

troubled with such spectacles) whither I went with a very

heavy heart, and down I sat with the picture of death in my

lap. About two hours in the night, my sweet babe like a

lamb departed this life on Feb. 18, 1675. It being about six

years, and five months old. . . . In the morning, when they

understood that my child was dead they sent for me home

to my master’s wigwam (by my master in this writing, must

be understood Quinnapin, who was a Sagamore [subordi-

nate chief], Webster’s and married King Philip’s wife’s sis-

ter. . . . There were now besides myself nine English

captives in this place (all of them children, except one

woman). I got an opportunity to go and take my leave of

them. They being to go one way, and I another. . . . And

Settlers and Native Americans in the Colonies 161