Rosenfeld Susan. Encyclopedia of American Historical Documents

Подождите немного. Документ загружается.

The Development of Political, Religious, and

Social Institutions in the Colonies

tion that has not been born again, however moral and

strict, sober and religious, they may otherwise be. Oh that

you would consider it, whether you be young or old!

There is reason to think, that there are many in this con-

gregation now hearing this discourse, that will actually be

the subjects of this very misery to all eternity. We know

not who they are, or in what seats they sit, or what

thoughts they now have. It may be they are now at ease,

and hear all these things without much disturbance, and

are now flattering themselves that they are not the per-

sons; promising themselves that they shall escape. If we

knew that there was one person, and but one, in the whole

congregation, that was to be the subject of this misery,

what an awful thing it would be to think of! If we knew

who it was, what an awful sight would it be to see such a

person! How might all the rest of the congregation lift up

a lamentable and bitter cry over him! But alas! Instead of

one, how many is it likely will remember this discourse in

hell! And it would be a wonder, if some that are now pre-

sent should not be in hell in a very short time, before this

year is out. And it would be no wonder if some persons,

that now sit here in some seats of this meeting-house in

health, and quiet and secure, should be there before

tomorrow morning.

Source:

John Scott, ed. Living Documents in American History. New

York: Washington Square Press, 1964–68.

172 ERA 2: Colonization and Settlement

Virginia Blue Laws, 1623–1624

A set of colonial laws that regulated conduct, including mak-

ing church attendance on Sunday mandatory. The penalty for

absence was one pound of tobacco. The laws also required

that each plantation have a house or a room for worship. The

Anglicans (members of the Church of England) in Virginia

advocated the measures, which are often considered the first

blue laws in colonial America (although later the term was

used more frequently to refer to the certain statutes passed by

the Puritans in New England in the 1600s).

________________________

_______________________

Laws and Orders

Concluded on by the General Assembly,

March the 5th, 1623–4.

No. of the Acts.

1. That there shall be in every plantation, where the

people use to meete for the worship of God, a house or

roome sequestred for that purpose, and not to be for any

temporal use whatsoever, and a place empaled in,

sequestred only to the buryal of the dead.

2. That whosoever shall absent himselfe from divine

service any Sunday without an allowable excuse shall for-

feite a pound of tobacco, and he that absenteth himselfe a

month shall forfeit 50lb. of tobacco.

3. That there be an uniformity in our church as neere

as may be to the canons in England; both in substance and

circumstance, and that all persons yeild readie obedience

unto them under paine of censure.

4. That the 22d of March by yeerly solemnized as hol-

liday, and all other hollidays (except when they fall two

together) betwixt the feast of the annuntiation of the

blessed virgin and St. Michael the archangell, then only

the first to be observed by reason of our necessities.

5. That no minister be absent from his church above

two months in all the yeare upon penalty of forfeiting halfe

his means, and whosoever shall absent above fowre

months in the year shall forfeit his whole means and cure.

6. That whosoever shall disparage a minister without

bringing sufficient proofe to justify his reports whereby the

mindes of his parishioners may be alienated from him, and

his ministry prove the less effectual by their prejudication,

shall not only pay 500lb. waight of tobacco but also aske

the minister so wronged forgiveness publickly in the con-

gregation.

7. That no man dispose of any of his tobacco before

the minister be satisfied, upon pain of forfeiture double his

part of the minister’s means, and one man of every planta-

tion to collect his means out of the first and best tobacco

and corn.

8. That the Governor shall not lay any taxes or ympo-

sitions upon the colony their lands or comodities other way

than by the authority of the General Assembly, to be

levyed and ymployed as the said Assembly shall appoynt.

9. The governor shall not withdraw the inhabitants

from their private labors to any service of his own upon any

colour whatsoever and in case the publick service require

ymployments of many hands before the holding a General

Assemblie to give order for the same, in that case the levy-

ing of men shall be done by order of the governor and

whole body of the counsell and that in such sorte as to be

least burthensome to the people and most free from par-

tiali . . .

10. That all the old planters that were here before or

came in at the last coming of sir Thomas Gates they and

their posterity shall be exempted from their personal ser-

vice to the warrs and any publick charge (church duties

excepted) that belong particularly to their persons (not

exempting their families) except such as shall be ymployed

to command in chief.

11. That no burgesses of the General Assembly shall

be arrested during the time of the assembly, a week before

and a week after upon pain of the creditors forfeiture of his

debt and such punishment upon the officer as the court

shall award.

12. That there shall be courts kept once a month in the

corporations of Charles City and Elizabeth Citty for the

decyding of suits and controversies not exceeding the value

of one hundred pounds of tobacco and for punishing of

petty offences, that the commanders of the places and

such others as the governor and council shall appoint by

commission shall be the judges, with reservation of apeal

after sentence to the governor and counsell and whosoever

shall appeal yf he be there cast in suit shall pay duble dam-

ages, The commanders to be of the quorum and sentence

to be given by the major parties.

13. That every privatt planters devident shall be sur-

veyed and laid out in several and the bounds recorded by

the survey; yf there be any pettie differences betwixt

neighbours about their devidents to be divided by the sur-

veyor if of much importance to be referred to the governor

and counsell: the surveyor to have 10 lbs. of tobacco upon

every hundred acres.

14. For the encouragement of men to plant store of

corne, the prise shall not be stinted, but it shall be free for

every man to sell it as deere as he can.

15. That there shall be in every parish a publick gar-

nary unto which there shall be contributed for every

planter exceeding the adge of 18 years alive at the crop

after he hath been heere a year a bushell of corne, the

which shall be disposed for the publique uses of every

parish by the major part of the freemen, the remainder

yearly to be taken out by the owners at St. Tho’s his day

and the new bushell to be putt in the roome.

16. That three sufficient men of every parish shall be

sworne to see that every man shall plant and tende suffi-

cient of corne for his family. Those men that have

neglected so to do are to be by the said three men pre-

sented to be censured by the governor and counsell.

17. That all trade for corne with the salvages as well

publick as private after June next shall be prohibited.

18. That every freeman shall fence in a quarter of an

acre of ground before Whitsuntide next to make a garden

for planting of vines, herbs, roots, &c. subpoena ten

pounds of tobacco a man, but that no man for his own fam-

ily shall be tyed to fence above an acre of land and that

whosoever hath fenced a garden and of the land shall be

paid for it by the owner of the soyle; they shall also plant

Mulberry trees.

19. The proclamations for swearing and drunkenness

sett out by the governor and counsel are confirmed by this

Assembly; and it is further ordered that the churchwar-

dens shall be sworne to present them to the commanders

of every plantation and that the forfeitures shall be col-

lected by them to be for publique uses.

20. That a proclamation be read aboard every ship and

afterwards fixed to the maste of such in, prohibiting them

to break boulke or make privatt sales of any commodity

until James City, without special order from the governor

and counsell.

21. That the proclamation of the rates of commodities

be still in force and that there be some men in every plan-

tation to censure the tobacco.

22. That there be no weights nor measures used but

such as shall be sealed by officers appointed for that pur-

pose.

23. That every dwelling house shall be pallizaded in

for defence against the Indians.

24. That no man go or send abroad without a sufficient

partie will armed.

25. That men go not to worke in the ground without

their arms (and a centinell upon them.)

26. That the inhabitants go not abroad ships or upon

any other occasions in such numbers, as thereby to weaken

and endanger the plantations.

27. That the commander of every plantation take care

that there be sufficient of powder and amunition within

the plantation under his command and their pieces fixt and

their arms compleate.

28. That there be dew watch kept by night.

29. That no commander of any plantation do either

himselfe or suffer others to spend powder unneccessarily

in drinking or entertainments, &c.

The Development of Political, Religious, and Social Institutions in the Colonies 173

30. That such persons of quality as shall be founde

delinquent in their duties being not fitt to undergoe cor-

poral punishment may notwithstanding be ymprisoned at

the discretione of the commander & for greater offenses to

be subject to a ffine inflicted by the monthlie court, so,

that it exceed not the value aforesaid.

31. That every man that hath not contributed to the

finding a man at the castell shall pay for himself and ser-

vants five pounds of tobacco a head, towards the discharge

of such as had their servants there.

32. That at the beginning of July next the inhabitants

of every corporation shall fall upon their adjoyning sal-

vages as we did the last yeare, those that shall be hurte

upon service to be cured at the publique charge; in case

any be lamed to be maintained by the country according to

his person and quality.

33. That for defraying of such publique debts our

troubles have brought upon us. There shall be levied 10

pounds of tobacco upon every male head above sixteen

years of adge now living (not including such as arrived

since the beginning of July last.)

34. That no person within this colony upon the rumur

of supposed change and alteration, presume to be disobe-

dient to the present government, nor servants to their pri-

vate officers, masters or overseers at their uttermost perills.

35. That Mr. John Pountis, counsellor of state, goin

to England, (being willing by our intreatie to accept of

that imployment,) to solicite the general cause of the

country to his majesty and the counsell, towards the

charges of which voyage, the country consente to pay for

every male head above sixteen years of adge then living,

which have been here a yeare ffour pounds of the best

merchantable tobacco, in leafe, at or before the last of

October next.

Subscript.

Sir Francis Wyatt, Knt. Governor, &c.

Capt Fran’s West, Sir George Yeardley,

George Sandys Trear, William Tucker,

Jabez Whitakers, William Peeine,

Rauleigh Croshaw, Richard Kingsmell,

Edward Blany, Luke Boyse, John Pollington,

Nath’l. Causey, Robert Addams,

Thomas Harris, Richard Stephens,

John Pountis, John Pott, Capt. Roger Smith,

Capt. Raphe Hamer, Nathaniel Bass,

John Willcox, Nicho: Marten,

Clement, Dilke, Isaeck Chaplin,

John Cew, John Utie, John Southerne,

Richard Bigge, Henry Watkins,

Gabriel Holland, Thomas Morlatt,

Copia Test,

R. Hickman, Cl. Sec. off.

Source:

Samuel Shepherd. The Statutes at Large of Virginia. Vol 1. New

York: AMS Press, 1970, pp. 121–129.

Fundamental Orders of Connecticut, 1639

Document that fused three riverside settlements into the “Pub-

lic State or Commonwealth” of Connecticut in January 1639.

The orders formalized a representative style of government

that had been in use in three towns—Windsor, Hartford, and

Wethersfield—since 1636. Led by the Reverend Thomas

Hooker, John Haynes, and Roger Ludlow, delegates from each

town gathered in Hartford to establish a process for choosing

government officials and passing laws. Ludlow, a lawyer, is

often credited with the strength of the document’s final ver-

sion. The Fundamental Orders do not mention any king or

sovereign. Instead, all ruling power is invested in freely cho-

sen representatives. The document also contains methods for

overriding the power of these representatives should they

cease to act in the people’s best interests. The orders served as

the basic law of Connecticut until 1662, when a new charter,

which incorporated many of their basic tenets, was granted by

King Charles II.

________________________

_______________________

For as much as it hath pleased Almighty God by the wise

disposition of his divine providence so to order and dispose

of things that we the Inhabitants and Residents of Wind-

sor, Hartford and Wethersfield are now cohabiting and

dwelling in and upon the River of Connectecotte and the

lands thereunto adjoining; and well knowing where a peo-

ple are gathered together the word of God requires that to

maintain the peace and union of such a people there

should be an orderly and decent Government established

according to God, to order and dispose of the affairs of the

people at all seasons as occasion shall require; do therefore

associate and conjoin ourselves to be as one Public State or

Commonwealth; and do for ourselves and our successors

and such as shall be adjoined to us at any time hereafter,

enter into Combination and Confederation together, to

maintain and preserve the liberty and purity of the Gospel

of our Lord Jesus which we now profess, as also, the disci-

pline of the Churches, which according to the truth of the

said Gospel is now practiced amongst us; as also in our civil

affairs to be guided and governed according to such Laws,

Rules, Orders and Decrees as shall be made, ordered, and

decreed as followeth:

It is Ordered, sentenced, and decreed, that there shall be

yearly two General Assemblies or Courts, the one the

second Thursday in April, the other the second Thursday

174 ERA 2: Colonization and Settlement

in September following; the first shall be called the Court

of Election, wherein shall be yearly chosen from time to

time, so many Magistrates and other public Officers as

shall be found requisite: Whereof one to be chosen Gov-

ernor for the year ensuing and until another be chosen,

and no other Magistrate to be chosen for more than one

year: provided always there be six chosen besides the

Governor, which being chosen and sworn according to an

Oath recorded for that purpose, shall have the power to

administer justice according to the Laws here estab-

lished, and for want thereof, according to the Rule of the

Word of God; which choice shall be made by all that are

admitted freemen and have taken the Oath of Fidelity,

and do cohabit within this Jurisdiction having been

admitted Inhabitants by the major part of the Town

wherein they live or the major part of such as shall be

then present.

It is Ordered, sentenced, and decreed, that the election

of the aforesaid Magistrates shall be in this manner: every

person present and qualified for choice shall bring in (to

the person deputed to receive them) one single paper

with the name of him written in it whom he desires to

have Governor, and that he that hath the greatest number

of papers shall be Governor for that year. And the rest of

the Magistrates or public officers to be chosen in this

manner: the Secretary for the time being shall first read

the names of all that are to be put to choice and then shall

severally nominate them distinctly, and every one that

would have the person nominated to be chosen shall

bring in one single paper written upon, and he that would

not have him chosen shall bring in a blank; and every one

that hath more written papers than blanks shall be a Mag-

istrate for that year; which papers shall be received and

told by one or more that shall be then chosen by the court

and sworn to be faithful therein; but in case there should

not be six chosen as aforesaid, besides the Governor, out

of those which are nominated, than he or they which have

the most writen papers shall be a Magistrate or Magis-

trates for the ensuing year, to make up the aforesaid

number.

It is Ordered, sentenced, and decreed, that the Secretary

shall not nominate any person, nor shall any person be

chosen newly into the Magistracy which was not pro-

pounded in some General Court before, to be nominated

the next election; and to that end it shall be lawful for

each of the Towns aforesaid by their deputies to nomi-

nate any two whom they conceive fit to be put to election;

and the Court may add so many more as they judge req-

uisite.

It is Ordered, sentenced, and decreed, that no person be

chosen Governor above once in two years, and that the

Governor be always a member of some approved Congre-

gation, and formerly of the Magistracy within this Jurisdic-

tion; and that all the Magistrates, Freemen of this

Commonwealth; and that no Magistrate or other public

officer shall execute any part of his or their office before

they are severally sworn, which shall be done in the face of

the court if they be present, and in case of absence by

some deputed for that purpose.

It is Ordered, sentenced, and decreed, that to the afore-

said Court of Election the several Towns shall send their

deputies, and when the Elections are ended they may pro-

ceed in any public service as at other Courts. Also the

other General Court in September shall be for making of

laws, and any other public occasion, which concerns the

good of the Commonwealth.

It is Ordered, sentenced, and decreed, that the Governor

shall, either by himself or by the Secretary, send out sum-

mons to the Constables of every Town for the calling of

these two standing Courts one month at least before their

several times: And also if the Governor and the greatest

part of the Magistrates see cause upon any special occasion

to call a General Court, they may give order to the Secre-

tary so to do within fourteen days’ warning: And if urgent

necessity so required, upon a shorter notice, giving suffi-

cient grounds for it to the deputies when they meet, or else

be questioned for the same; And if the Governor and

major part of Magistrates shall either neglect or refuse to

call the two General standing Courts or either of them, as

also at other times when the occasions of the Common-

wealth require, the Freemen thereof, or the major part of

them, shall petition to them so to do; if then it be either

denied or neglected, the said Freemen, or the major part

of them, shall have the power to give order to the Consta-

bles of the several Towns to do the same, and so may meet

together, and choose to themselves a Moderator, and may

proceed to do any act of power which any other General

Courts may.

It is Ordered, sentenced, and decreed, that after there are

warrants given out for any of the said General Courts, the

Constable or Constables of each Town, shall forthwith give

notice distinctly to the inhabitants of the same, in some pub-

lic assembly or by going or sending from house to house,

that at a place and time by him or them limited and set, they

meet and assemble themselves together to elect and choose

The Development of Political, Religious, and Social Institutions in the Colonies 175

certain deputies to be at the General Court then following

to agitate the affairs of the Commonwealth; which said

deputies shall be chosen by all that are admitted Inhabitants

in the several Towns and have taken the oath of fidelity; pro-

vided that none be chosen a Deputy for any General Court

which is not a Freeman of this Commonwealth.

The aforesaid deputies shall be chosen in manner fol-

lowing: every person that is present and qualified as before

expressed, shall bring the names of such, written in several

papers, as they desire to have chosen for that employment,

and these three or four, more or less, being the number

agreed on to be chosen for that time, that have the great-

est number of papers written for them shall be deputies

for that Court; whose names shall be endorsed on the back

side of the warrant and returned into the Court, with the

Constable or Constables’ hand unto the same.

It is Ordered, sentenced, and decreed, that Windsor, Hart-

ford, and Wethersfield shall have power, each Town, to

send four of their Freemen as their deputies to every Gen-

eral Court; and Whatsoever other Town shall be hereafter

added to this Jurisdiction, they shall send so many deputies

as the Court shall judge meet, a reasonable proportion to

the number of Freemen that are in the said Towns being

to be attended therein; which deputies shall have the

power of the whole Town to give their votes and allowance

to all such laws and orders as may be for the public good,

and unto which the said Towns are to be bound.

It is Ordered, sentenced, and decreed, that the deputies

thus chosen shall have power and liberty to appoint atime

and a place of meeting together before any General

Court, to advise and consult of all such things as may con-

cern the good of the public, as also to examine their own

Elections, whether according to the order, and if they or

the greatest part of them find any election to be illegal

they may seclude such for present from their meeting,

and return the same and their reasons to the Court; and if

it be proved true, the Court may fine the party or parties

so intruding, and the Town, if they see cause, and give out

a warrant to go to a new election in a legal way, either in

part or in whole. Also the said deputies shall have power

to fine any that shall be disorderly at their meetings, or for

not coming in due time or place according to appoint-

ment; and they may return the said fines into the Court if

it be refused to be paid, and the Treasurer to take notice

of it, and to escheat or levy the same as he does other

fines.

It is Ordered, sentenced, and decreed, that every General

Court, except such as through neglect of the Governor and

the greatest part of the Magistrates the Freemen them-

selves do call, shall consist of the Governor, or some one

chosen to moderate the Court, and four other Magistrates

at least, with the major part of the deputies of the several

Towns legally chosen; and in case the Freemen, or major

part of them, through neglect or refusal of the Governor

and major part of the Magistrates, shall call a Court, it shall

consist of the major part of Freemen that are present or

their deputiues, with a Moderator chosen by them: In

which said General Courts shall consist the supreme

power of the Commonwealth, and they only shall have

power to make laws or repeal them, to grant levies, to

admit of Freemen, dispose of lands undisposed of, to sev-

eral Towns or persons, and also shall have power to call

either Court or Magistrate or any other person whatsoever

into question for any misdemeanor, and may for just causes

displace or deal otherwise according to the nature of the

offense; and also may deal in any other matter that con-

cerns the good of this Commonwealth, except election of

Magistrates, which shall be done by the whole body of

Freemen.

In which Court the Governor or Moderator shall have

power to order the Court, to give liberty of speech, and

silence unseasonable and disorderly speakings, to put all

things to vote, and in case the vote be equal to have the

casting voice. But none of these Courts shall be adjourned

or dissolved without the consent of the major part of the

Court.

It is Ordered, sentenced, and decreed, that when any Gen-

eral Court upon the occasions of the Commonwealth have

agreed upon any sum, or sums of money to be levied upon

the several Towns within this Jurisdiction, that a commit-

tee be chosen to set out and appoint what shall be the pro-

portion of every Town to pay of the said levy, provided the

committee be made up of an equal number out of each

Town.

14th January 1639 the 11 Orders above said are voted.

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. Washington, D.C.: Govern-

ment Printing Office, 1909.

Plantation Agreement at Providence, 1640

Agreement written by the inhabitants of Providence, later to

become the capital of Rhode Island, on August 27, 1640,

based on the consent of the settlers. The Plantation Agreement

set up laws for local home rule and distribution of land, a flex-

176 ERA 2: Colonization and Settlement

ible constitution, and frequent elections. Leading a small band

of settlers from Massachusetts Bay Colony, Roger Williams

founded Providence in 1636 on land bought from two Narra-

gansett chiefs and based it on a policy of religious and politi-

cal freedom. Other settlements were set up in 1638 and 1639,

but these were not united until 1644, when Williams obtained

a charter from the English Parliamentary Commission.

________________________

_______________________

Wee, Robert Coles, Chad Browne, William Harris, and

John Warner, being freely chosen by the consent of our

loveing freinds and neighbours the Inhabitants of this

Towne of Providence, having many differences amongst

us, they being freely willing and also bound themselves to

stand to our Arbitration in all differences amongst us to

rest contented in our determination, being so betrusted we

have seriously and carefully indeavoured to weigh and con-

sider all those differences, being desirous to bringe to vnity

and peace, although our abilities are farr short in the due

examination of such weighty things, yet so farre as we con-

ceive in laying all things together we have gone the fairest

and the equallest way to produce our peace.

I. Agreed, We have with one consent agreed that in

the parting those particler proprieties which some of our

friends and neighbours have in Patuxit, from the general

Common of our towne of Providence, to run vppon a

streight line from a fresh spring being in the Gulley, at at

the head of that cove running by that point of land called

Saxafras vnto the towne of Mashipawog, to an oake tree

standing neere vnto the corne field, being at this time the

neerest corne field vnto Patuxit, the oake tree having four

marks with an axe, till some other land marke be set for a

certaine bound. Also, we agree that if any meadow ground

lyeing and joineing to that Meadow, that borders uppon

the River of Patuxit come within the aforesaid line, which

will not come within a streight line from long Cove to the

marked tree, then for that meadow to belong to Pawtuxit,

and so beyond the towne of Mashipawog from the oake

tree between the two fresh Rivers Pawtuxit and Wana-

squatucket of an even Distance.

II. Agreed, We have with one consent agreed that for

the disposeing, of those lands that shall be disposed

belonging to this towne of Providence to be in the whole

Inhabitants by the choise of five men for generall dis-

poseall, to be betrusted with disposeall of lands and also of

the townes Stocke, and all Generall things and not to

receive in any six dayes as townesmen, but first to give the

Inhabitants notice to consider if any have just cause to

shew against the receiving of him as you can apprehend,

and to receive none but such as subscribe to this our deter-

mination. Also, we agree that if any of our neighbours doe

apprehend himselfe wronged by these or any of these 5

disposers, that at the Generall towne meeting he may have

a tryall.

Alsoe wee agree for the towne to choose beside the

other five men one or more to keepe Record of all things

belonging to the towne and lying in Common.

Wee agree, as formerly hath bin the liberties of the

town, so still, to hould forth liberty of Conscience.

III. Agreed, that after many Considerations and Con-

sultations of our owne State and alsoe of States abroad in

way of government, we apprehend, no way so suitable to

our Condition as government by way of arbitration. But if

men agree themselves by arbitration, no State we know of

disallows that, neither doe we: But if men refuse that which

is but common humanity betweene man and man, then to

compel such vnreasonable persons to a reasonable way, we

agree that the 5 disposers shall have power to compell him

either to choose two men himselfe, or if he refuse, for them

to choose two men to arbitrate his cause, and if these foure

men chosen by every partie do end the cause, then to see

theire determination performed and the faultive to pay the

Arbitrators for theire time spent in it: But if those foure

men doe not end it, then for the 5 disposers to choose three

men to put an end to it, and for the certainty hereof, wee

agree the major part of the 5 disposers to choose the 3 men,

and the major part of the 3 men to end the cause haueing

power from the 5 disposers by a note under theire hand to

performe it, and the faultive not agreeing in the first to pay

the charge of the last, and for the Arbitrators to follow no

imployment till the cause be ended without consent of the

whole that have to doe with the cause.

Instance. In the first Arbitration to offendor may offer

reasonable terms of peace, and the offended may exact

upon him and refuse and trouble men beyond reasonable

satisfaction; so for the last arbitrators to judge where the

fault was, in not agreeing in the first, to pay the charge of

the last.

IV. Agreed, that if any person damnify any man, either

in goods or good name, and the person offended follow not

the cause vppon the offendor, that if any person giue

notice to the 5 Disposers, they shall call the party delin-

quent to answer by Arbitration.

Instance. Thus, if any person abuse an other in person

or goods, may be for peace sake, a man will at present put

it vp, and it may so be resolue to revenge: therefore, for the

peace of the state, the disposers are to look to it in the first

place.

V. Agreed, for all the whole Inhabitants to combine

ourselves to assist any man in the pursuit of any party

delinquent, with all our best endeavours to attack him: but

if any man raise a hubbub, and there be no just cause, then

for the party that raised the hubbub to satisfy men for their

time lost in it.

VI. Agreed, that if any man have a difference with any

of the 5 Disposers which cannot be deferred till general

meeting of the towne, then he may have the Clerk call the

towne together at his [discretion] for a tryall.

The Development of Political, Religious, and Social Institutions in the Colonies 177

Instance. It may be, a man may be to depart the land,

or to a farr parte of the land; or his estate may lye vppon a

speedy tryall or the like case may fall out.

VII. Agreed, that the towne, by the five men shall give

every man a deed of all his lands lying within the bounds

of the Plantation, to hould it by for after ages.

VIII. Agreed, that the 5 disposers shall from the date

hereof, meete every month-day vppon General things and

at the quarter-day to yeeld a new choice and give vp theire

old Accounts.

IX. Agreed, that the Clerke shall call the 5 Disposers

together at the month-day, and the generall towne

together every quarter, to meete vppon general occasions

from the date hereof.

X. Agreed, that the Clerke is to receive for every cause

that comes to the towne for a tryall 4 d. for making each

deed 12 d. and to give vp the booke to the towne at the

yeeres end, and yeeld to a new choice.

XI. Agreed, that all acts of disposall on both sides to

stand since the difference.

XII. Agreed, that every man that hath not paid in his

purchase money for his Plantation shall make vp his 10 s.

to be 30 s eqval with the first purchasers: and for all that

are received townsmen hereafter, to pay the like summe of

money to the towne stocke.

These being those things wee have generally con-

cluded on, for our peace, we desireing our loveing friends

to receive as our absolute determination, laying ourselves

downe as subjects to it.

Source:

John Russell Bartlett, ed. Records of the Colony of Rhode Island

and Providence Plantations in New England. Vol. 1. Provi-

dence, R.I.: A. C. Greene and Brothers, 1856. pp. 27–31.

Surrender of the Patent of

Plymouth Colony, 1640

In 1629 William Bradford, a founding member of Plymouth

Colony and its longtime governor, received a charter granting

him and his associates (the “Old Planters”) full rights to the land

on which the colony was situated. In 1640 he relinquished that

control to the freemen, or voters, of Plymouth Colony, keeping

two tracts of land for himself and a third one for “the chief habi-

tation of the Indians and reserved for them to dwell upon.”

________________________

_______________________

Whereas divers and sundry Treaties have beene in the

Publicke generall courts of New Plymouth his majestic our

dread Sovereigne Charles by the grace of God King of

England Scotland France and Ireland &c. concerning the

proper Right and title of the Lands within the bounds and

limitts of his said majestie’s Letters Patents graunted by

the Right Honorable his majestic’s counsell for New Eng-

land ratified by theire Comon Seale and signed by the

hand of the Right Honorable Earle of Warwicke then Pres-

idente of the said counsell to William Bradford his heirs

associates and assignee beareing date &c And whereas the

said William Bradford and divers others the first Instru-

ments of God in the beginninge of this Create work of

Plantacon together with such as the Alorderinge God in his

Providence scone added unto them have beene at very

grease charges to procure the said lands priviledges and

freedomes from all entanglements as may appeare by

divers and sondry deeds enlargements of graunts pur-

chases payments of debts &c by reason whereof the title to

the day of this present remayneth in the said William his

heirs associate and assignee now for the better settling of

the state of the said land aforesaid the said William Brad-

ford and those their Instruments termed and called in

sondry orders upon publick Record the Purchasers or Old

Comers witnes two in especiall the one beareing date the

third of March 1639 the other in December the first 1640

whereunto these presents have speciall relacon and agree-

ment and whereby they are distinguished from other

freemen and Inhabitants of the said Corporation. Be is

Knowne unto all men therefore by these presents That the

said William Bradford for himself his heires together with

the said purchasers do onely reserve unto themselves their

heires and assignee those three tracts of land menconed in

the said resolucon order and agreement beareing date the

first day of December 1640 viz. first from the bounds of

Yarmouth three miles to the Eastward of Naemskeckett

and from Sea to Sea crosse the said neck of land. The sec-

ond of a place called Acconguesse (alias) Acockus which

lyeth in the bottome of the Bay adjoyneing to the west side

of Poynt Perrill and two miles to the westerne side of the

said River to another place called Acqussent River which

entereth at the western end of Nickatay and two miles to

the Eastward therof and to extend eight miles up into the

countrey. The third place of Sowawsett River to Patuck-

quett River with Consumpsit Neck which is the chief habi-

tation of the Indians and reserved for them to dwell upon

extending into the land eight miles through the whole

breadth thereof, together with such other smale percells of

lands as they or any of them are personally possessed of or

interessed in by vertue of any former titles or graunts

whatsoever and the said William Bradford doth by the free

and full consent approbacon and agreement of the said

Old Planters or Purchasers together with the likeing

approbacon and acceptacon of the other part of the said

Corporacon surrender into the hands of the whole court

consisting of the Freemen of this Corporacon of New Ply-

mouth all that ther right and title power authorytie priv-

iledges immunities and freedomes graunted in the said

178 ERA 2: Colonization and Settlement

Letters Patents by the said Right Honorable Councell for

New England reserveing his and their personall Right of

Freemen together with the said Old Planters aforesaid

except the said Lands before excepted, declaring the

Freemen of this Corporacon together with all such as shall

be legally admitted into the same his associates And the

said William Bradford for him his heires and assignee doe

further hereby promise and graunt to doe and performe

whatsoever further thinge or thinges act or acts which in

him lieth which shalbe needfull and expedient for the bet-

ter confirmeing and establishinge the said premisses as by

Counsell learned in the Laws shalbe reasonably advised

and devised when he shalbe thereunto required In witnes

whereof the said William Bradford hath in Publicke Court

surrendered the said Letters Patents actually into the

hands and power of the said Court bynding himselfe his

heires executors administrators and assignee to deliver up

whatsoever specialties are in his hands that do or may con-

cerne the same.

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. Washington, D.C.: Govern-

ment Printing Office, 1909.

Massachusetts Body of Liberties, 1641

Code of law put forth by the Massachusetts General Court in

December 1641 and sent to towns for recommendations. It

was based largely on English common law, leaving much

authority to the magistrates, yet it indicated an incipient spirit

of colonial independence. The general court, responding to

criticism of the Body of Liberties in 1646, stated that “our alle-

giance binds us not to the laws of England any longer than

while we live in England.” At the end of a probation period,

the Body of Liberties was replaced with

The Book of General

Lawes and Libertyes

(1648).

________________________

_______________________

The Liberties of the Massachusetts Colony

in New England

The free fruition of such liberties immunities and privi-

leges as humanity, and Christianity call for as due to every

man in his place and proportion without impeachment and

infringement, hath ever been and ever will be the tran-

quillity and stability of churches and commonwealths. And

the denial or deprival thereof, the disturbance if not the

ruin of both.

We hold it therefore our duty and safety, whilst we are

about the further establishing of this government, to col-

lect and express all such freedoms as for present we fore-

see may concern us, and our posterity after us, and to rat-

ify them with our solemn consent.

We do therefore this day religiously and unanimously

decree and confirm these following rights, liberties, and

privileges concerning our churches and civil state, to be

respectively impartially inviolably enjoyed and observed

throughout our jurisdiction for ever.

1. No man’s life shall be taken away, no man’s honor or

good name shall be stained, no man’s person shall be

arrested, restrained, banished, dismembered, nor any ways

punished, no man shall be deprived of his wife and chil-

dren, no man’s goods or estate shall be taken away from

him, nor any way endamaged under color of law or coun-

tenance of authority, unless it be by virtue or equity of

some express law of the country warranting the same,

established by a General Court and sufficiently published,

or in case of the defect of a law in any particular case, by

the word of God. And in capital cases, or in cases concern-

ing dismembering banishment, according to that word to

be judged by the General Court.

2. Every person within this jurisdiction, whether

inhabitant verdict so much as they can. If the bench and

jurors shall so suffer at any time about their verdict that

either of them cannot proceed with peace of conscience,

the case shall be referred to the General Court, who shall

take the question from both and determine it.

3. No man shall be urged to take any oath or subscribe

any articles, covenants, or remonstrance, of a public and

civil nature, but such as the General Court hath consid-

ered, allowed and required.

4. No man shall be punished for not appearing at or

before any civil assembly, court, council, magistrate, or

officer, nor for the omission of any office or service, if he

shall be necessarily hindered by any apparent act or prov-

idence of God, which he could neither foresee nor avoid.

Provided that this law shall not prejudice any person of his

just cost and damage, in any civil action.

5. No man shall be compelled to any public work or

service unless the press be grounded upon some act

of the General Court, and have reasonable allowance

therefor.

6. No man shall be pressed in person to any office,

work, wars or other public service, that is necessarily and

sufficiently exempted by any natural or personal impedi-

ment, as by want of years, greatness of age, defect of mind,

failing of senses, or impotency of limbs.

7. No man shall be compelled to go out of the limits of

this plantation upon any offensive wars which this Com-

monwealth or any of our friends or confederates shall vol-

untarily undertake. But only upon such vindictive and

defensive wars in our own behalf or the behalf of our

friends and confederates as shall be enterprized by the

The Development of Political, Religious, and Social Institutions in the Colonies 179

counsel and consent of a Court General, or by authority

derived from the same.

8. No man’s cattle or goods of what kind soever shall

be pressed or taken for any public use or service, unless it

be by warrant grounded upon some act of the General

Court, nor without such reasonable prices and hire as the

ordinary rates of the country do afford. And if his cattle

and goods shall perish or suffer damage in such service,

the owners shall be sufficiently recompensed.

9. No monopolies shall be granted or allowed amongst

us, but of such new inventions that are profitable to the

country, and that for a short time.

10. All our lands and heritages shall be free from all

fines and license upon alienations, and from all hariots,

wardships, liveries, primer-seizins, year day and waste,

escheats, and forfeitures, upon the deaths of parents or

ancestors, be they natural, casual, or judicial.

11. All persons which are of the age of 21 years, and of

right understanding and memories, whether excommuni-

cate or condemned, shall have full power and liberty to

make their wills and testaments, and other lawful alien-

ations of their lands and estates.

12. Every man whether inhabitant or foreigner, free or

not free, shall have liberty to come to any public court,

council, or town meeting, and either by speech or writing

to move any lawful, seasonable, and material question, or

to present any necessary motion, complaint, petition, bill

or information, whereof that meeting hath proper cog-

nizance, so it be done in convenient time, due order, and

respective manner.

13. No man shall be rated here for any estate or rev-

enue he hath in England, or in any foreign parts til it be

transported hither.

14. Any conveyance or alienation of land or other

estate whatsoever, made by any woman that is married, any

child under age, idiot or distracted person, shall be good if

it be passed and ratified by the consent of a General Court.

15. All covetous or fraudulent alienations or con-

veyances of lands, tenements, or any hereditaments, shall

be of no validity to defeat any man from due debts or lega-

cies, or from any just title, claim or possession, of that

which is so fraudulently conveyed.

16. Every inhabitant that is a householder shall have

free fishing and fowling in any great ponds and bays, coves

and rivers, so far as the sea ebbs and flows within the

precincts of the town where they dwell, unless the free

men of the same town or the General Court have other-

wise appropriated them, provided that this shall not be

extended to give leave to any man to come upon others

property without their leave.

17. Every man of or with this jurisdiction shall have

free liberty, notwithstanding any civil power, to remove

both himself, and his family at their pleasure out of the

same, provided there be no legal impediment to the con-

trary.

Rights, Rules and Liberties concerning

Judicial Proceedings

18. No man’s person shall be restrained or imprisoned by

any authority whatsoever, before the law hath sentenced

him thereto, if he can put in sufficient security, bail or

mainprise for his appearance and good behavior in the

meantime, unless it be in crimes capital, and contempts in

open Court, and in such cases where some express act of

Court doth allow it.

19. If in a General Court any miscarriage shall be

amongst the assistants when they are by themselves that

may deserve an admonition or fine under 20/-, it shall be

examined and sentenced by themselves. If amongst the

deputies when they are by themselves, it shall be examined

and sentenced amongst themselves. If it be when the

whole Court is together, it shall be judged by the whole

Court, and not severally as before.

20. If any which are to sit as judges in any other Court

shall demean themselves offensively in the Court, the rest

of the judges present shall have power to censure him for

it; if the cause be of a high nature it shall be presented to

and censured at the next superior Court.

21. In all cases where the first summons are not served

six days before the Court, and the cause briefly specified in

the warrant, where appearance is to be made by the party

summoned, it shall be at his liberty whether he will appear

or no, except all cases that are to be handled in courts sud-

denly called, upon extraordinary occasions. In all cases

where there appears present and urgent cause any assis-

tant or officer appointed shall have power to make out

attachments for the first summons.

22. No man in any suit or action against another shall

falsely pretend great debts or damages to vex his adversary,

if it shall appear he doth so, the Court shall have power to

set a reasonable fine on his head.

23. No man shall be adjudged to pay for detaining any

debt from any creditor above eight pounds in the hundred

for one year, and not above that rate proportionable for all

sums whatsoever, neither shall this be a color or counte-

nance to allow any usury amongst us contrary to the law of

God.

24. In all trespasses or damages done to any man or

men, if it can be proved to be done by the mere default of

him or them to whom the trespass is done, it shall be

judged no trespass, nor any damage given for it.

25. No summons pleading judgment, or any kind of

proceeding in Court or course of justice shall be abated,

arrested or reversed upon any kind of circumstantial errors

or mistakes, if the person and cause be rightly understood

and intended by the Court.

180 ERA 2: Colonization and Settlement

26. Every man that findeth himself unfit to plead his

own cause in any Court shall have liberty to employ any

man against whom the Court doth not except, to help him,

provided he give him no fee or reward for his pains. This

shall not exempt the party himself from answering such

questions in person as the Court shall think meet to

demand of him.

27. If any plaintiff shall give into any Court a declara-

tion of his cause in writing, the defendant shall also have

liberty and time to give in his answer in writing, and so in

all further proceedings between party and party, so it does

not further hinder the dispatch of justice than the Court

shall be willing unto.

28. The plaintiff in all actions brought in any Court

shall have liberty to withdraw his action, or to be nonsuited

before the jury hath given in their verdict, in which case he

shall always pay full cost and charges to the defendant, and

may afterwards renew his suit at another Court if he

please.

29. In all actions at law it shall be the liberty of the

plaintiff and defendant by mutual consent to choose

whether they will be tried by the bench or by a jury, unless

it be where the law upon just reason hath otherwise deter-

mined. The like liberty shall be granted to all persons in

criminal cases.

30. It shall be in the liberty of plaintiff and defendant,

and likewise every delinquent (to be judged by a jury) to

challenge any of the jurors. And if his challenge be found

just and reasonable by the bench, or the rest of the jury, as

the challenger shall choose it shall be allowed him, and

tales de circumstantibus impanelled in their room.

31. In all cases where evidence is so obscure or defec-

tive that the jury cannot clearly and safely give a positive

verdict, whether it be a grand or petit jury, it shall have lib-

erty to give a non liquit, or a special verdict, in which last—

that is, in a special verdict—the judgment of the case shall

be left to the Court. And all jurors shall have liberty in mat-

ters of fact, if they cannot find the main issue, yet to find

and present in their public laws and orders of the country.

And if any inhabitant shall neglect or refuse to observe

them, they shall have power to levy the appointed penal-

ties by distress.

32. Every man shall have liberty to replevy his cattle or

goods impounded, distrained, seized, or extended, unless

it be upon execution after judgment, and in payment of

fines. Provided he puts in good security to prosecute his

replevin, and to satisfy such demands as his adversary shall

recover against him in law.

33. No man’s person shall be arrested, or imprisoned

upon execution of judgment for any debt or fine, if the law

can find competent means of satisfaction otherwise from

his estate, and if not, his person may be arrested and

imprisoned where he shall be kept at his own charge, not

the plaintiff’s, till satisfaction be made, unless the Court

shall otherwise provide.

34. If any man shall be proved and judged a common

barrator vexing others with unjust, frequent, and endless

suit, it shall be in the power of courts both to deny him the

benefit of the law, and to punish him for his barratry.

35. No man’s corn nor hay that is in the field or upon

the cart, nor his garden stuff, nor anything subject to pre-

sent decay, shall be taken in any distress, unless he that

takes it doth presently bestow it where it may not be

embezzled nor suffer spoil or decay, or give security to sat-

isfy the worth whereof if it comes to any harm.

36. It shall be in the liberty of every man cast, con-

demned or sentenced in any cause in any inferior Court,

to make their appeal to the Court of Assistants, provided

they tender their appeal and put in security to prosecute

it before the Court be ended wherein they were con-

demned, and within six days next ensuing put in good

security before some assistant to satisfy what his adversary

shall recover against him; and if the cause be of a criminal

nature, for his good behavior and appearance. And every

man shall have liberty to complain to the General Court

of any injustice done him in any Court of Assistants or

other.

37. In all cases where it appears to the Court that the

plaintiff hath willingly and wittingly done wrong to the

defendant in commencing and prosecuting an action or

complaint against him, they shall have power to impose

upon him a proportionable fine to the use of the defendant

or accused person, for his false complaint or clamor.

38. Every man shall have liberty to record in the pub-

lic rolls of any Court any testimony given upon oath in the

same Court, or before two assistants, or any deed or evi-

dence legally confirmed, there to remain in perpetuam rei

memoriam, that is, for perpetual memorial or evidence

upon occasion.

39. In all actions both real and personal between party

and party, the Court shall have power to respite execution

for a convenient time, when in their prudence they see just

cause so to do.

40. No conveyance, deed, or promise whatsoever shall

be of validity, if it be gotten by illegal violence, imprison-

ment, threatening, or any kind of forcible compulsion

called duress.

41. Every man that is to answer for any criminal cause,

whether he be in prison or under bail, his cause shall be

heard and determined at the next Court that hath proper

cognizance thereof; and may be done without prejudice of

justice.

42. No man shall be twice sentenced by civil justice for

one and the same crime, offense, or trespass.

43. No man shall be beaten with above 40 stripes, nor

shall any true gentleman, nor any man equal to a gentleman,

The Development of Political, Religious, and Social Institutions in the Colonies 181