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be punished with whipping , unless his crime be very

shameful and his course of life vicious and profligate.

44. No man condemned to die shall be put to death

within four days next after his condemnation, unless the

Court see special cause to the contrary, or in case of mar-

tial law; nor shall the body of any man so put to death be

unburied 12 hours unless it be in case of anatomy.

45. No man shall be forced by torture to confess any

crime against himself nor any other unless it be in some

capital case, where he is first fully convicted by clear and

sufficient evidence to be guilty, after which, if the cause be

of that nature, that it is very apparent there be other con-

spirators or confederates with him, then he may be tor-

tured, yet not with such tortures as be barbarous and

inhumane.

46. For bodily punishments we allow amongst us none

that are inhumane, barbarous, or cruel.

47. No man shall be put to death without the testi-

mony of two or three witnesses or that which is equivalent

thereunto.

48. Every inhabitant of the country shall have free lib-

erty to search and view any rules, records, or registers of

any Court or office except the Council; and to have a tran-

script of exemplification thereof, written, examined, and

signed by the hand of the officer of the office, paying the

appointed fees therefor.

49. No free man shall be compelled to serve upon

juries above two courts a year, except grand jurymen, who

shall hold two courts together at the least.

50. All jurors shall be chosen continually by the

freemen of the town where they dwell.

51. All associates selected at any time to assist the

assistants in inferior courts, shall be nominated by the

towns belonging to that court, by orderly agreement

among themselves.

52. Children, idiots, distracted persons, and all that

are strangers, or newcomers to our plantation, shall have

such allowances and dispensations in any cause whether

criminal or other as religion and reason require.

53. The age of discretion for passing away of lands or

such kind of hereditaments, or for giving of votes, verdicts,

or sentence in any civil courts or causes, shall be one and

twenty years.

54. Whensoever anything is to be put to vote, any sen-

tence to be pronounced, or any other matter to be pro-

posed, or read in any court or assembly, if the president or

moderator thereof shall refuse to perform it, the major

part of the members of that court or assembly shall have

power to appoint any other meet man of them to do it. And

if there be just cause, to punish him that should and would

not.

55. In all suits or actions, in any court, the plaintiff

shall have liberty to make all the titles, and claims to that

he sues for, he can. And the defendant shall have liberty to

plead all the pleas he can in answer to them, and the court

shall judge according to the entire evidence of all.

56. If any man shall behave himself offensively at any

town meeting, the rest of the freemen then present shall

have power to sentence him for his offence. So be it the

fine or penalty exceed not twenty shillings.

57. Whensoever any person shall come to any very

sudden, untimely, and unnatural death, some assistant, or

the constables of that town, shall forthwith summon a jury

of twelve freemen to inquire of the cause and manner of

their death, and shall present a true verdict thereof to

some near assistant, or the next court to be held for that

town upon their oath.

Liberties More Peculiarly Concerning

the Freemen

58. Civil authority hath power and liberty to see the peace,

ordinances and rules of Christ observed in every church

according to his word, so it be done in a civil and not an

ecclesiastical way.

59. Civil authority hath power and liberty to deal with

any church member in a way of civil justice, notwithstand-

ing any church relation, office, or interest.

60. No church censure shall degrade or depose any

man from any civil dignity, office, or authority he shall have

in the Commonwealth.

61. No magistrate, juror, officer, or other man shall

be bound to inform present or reveal any private crime or

offense, wherein there is no peril or danger to this plan-

tation or any member thereof, when any necessary tie of

conscience binds him to secrecy grounded upon the word

of God, unless it be in case of testimony lawfully

required.

62. Any shire or town shall have liberty to choose their

deputies whom and where they please for the General

Court. So be it they be freemen, and have taken their oath

of fealty, and inhabiting in this jurisdiction.

63. No governor, deputy governor, assistant, associate,

or grand juryman at any court, nor any deputy for the Gen-

eral Court, shall at any time bear his own charges at any

court, but their necessary expenses shall be defrayed

either by the town or shire in whose service they are, or by

the country in general.

64. Every action between party and party, and pro-

ceedings against delinquents in criminal causes, shall be

briefly and distinctly entered on the rolls of every court by

the recorder thereof. That such actions be not afterwards

brought again to the vexation of any man.

65. No custom or prescription shall ever prevail

amongst us in any moral cause; our meaning is to maintain

anything that can be proved to be morally sinful by the

word of God.

182 ERA 2: Colonization and Settlement

66. The freemen of every township shall have power

to make such by-laws and constitutions as may concern the

welfare of their town, provided they be not of a criminal,

but only of a prudential nature, and that their penalties

exceed not 20/sh. for one offence, and that they be not

repugnant to the or foreigner, shall enjoy the same justice

and law, that is general for the plantation, which we con-

stitute and execute one toward another without partiality

or delay.

67. It is the constant liberty of the freemen of this

plantation to choose yearly at the court of election out of

the freemen all the general officers of this jurisdiction. If

they please to discharge them at the day of election by way

of vote, they may do it without showing cause; but if at any

other General Court, we hold it due justice, that the rea-

sons thereof be alleged and proved. By general officers we

mean, our governor, deputy governor, assistants, treasurer,

general of our wars, and our admiral at sea, and such as are

or hereafter may be of the like general nature.

68. It is the liberty of the freemen to choose such

deputies for the General Court out of themselves, either in

their own towns or elsewhere, as they judge fittest. And

because we cannot foresee what variety and weight of

occasions may fall into future consideration, and what

counsels we may stand in need of, we decree: that the

deputies (to attend the General Court in the behalf of the

country) shall not at any time be stated or enacted, but

from Court to Court, or at the most but for one year, that

the country may have an annual liberty to do in that case

what is most behooveful for the best welfare thereof.

69. No General Court shall be dissolved or adjourned

without the consent of the major part thereof.

70. All freemen called to give any advice, vote, verdict,

or sentence in any court, council, or civil assembly, shall

have full freedom to do it according to their true judg-

ments and consciences, so it be done orderly and inoffen-

sively for the manner.

71. The governor shall have a casting voice whenso-

ever an equivote shall fall out in the Court of Assistants or

general assembly. So shall the president or moderator have

in all civil courts or assemblies.

72. The governor and deputy governor jointly con-

senting, or any three assistants concurring in consent,

shall have power out of court to reprieve a condemned

malefactor til the next quarter or General Court. The Gen-

eral Court only shall have power to pardon a condemned

malefactor.

73. The General Court hath liberty and authority to

send out any member of this Commonwealth of what qual-

ity, condition, or office whatsoever into foreign parts about

any public message or negotiation. Provided the party sent

be acquainted with the affair he goeth about, and be will-

ing to undertake the service.

74. The freemen of every town or township shall have

full power to choose yearly or for less time out of them-

selves a convenient number of fit men to order the plant-

ing or prudential occasions of that town, according to

instructions given them in writing; provided nothing be

done by them contrary to the public laws and orders of the

country, provided also the number of such select persons

be not above nine.

75. It is and shall be the liberty of any member or

members of any court, council, or civil assembly in cases of

making or executing any order or law, the properly concern

religion, or any cause capital, or wars, or subscription to

any public articles or remonstrance, in case they cannot in

judgment and conscience consent to that way the major

vote or suffrage goes, to make their contra-remonstrance

or protestation in speech or writing, and upon request to

have their dissent recorded in the rolls of that court. So it

be done christianly and respectfully for the manner. And

their dissent only be entered without the reasons thereof,

for the avoiding of tediousness.

76. Whensoever any jury of trials or jurors are not

clear in their judgments or consciences concerning any

cause wherein they are to give their verdict, they shall

have liberty in open court to advise with any man they

think fit to resolve or direct them, before they give in

their verdict.

77. In all cases wherein any freeman is to give his vote,

be it in point of election, making constitutions and orders,

or passing sentence in any case of judicature or the like, if

he cannot see reason to give it positively one way or

another, he shall have liberty to be silent, and not pressed

to a determined vote.

78. The general or public treasure or any part thereof

shall never be expended but by the appointment of a Gen-

eral Court, nor any shire treasure, but by the appointment

of the freemen thereof, nor any town treasure but by the

freemen of that township.

Liberties of Women

79. If any man at his death shall not leave his wife a com-

petent portion of his estate, upon just complaint made to

the General Court she shall be relieved.

80. Every married woman shall be free from bodily

correction or stripes by her husband, unless it be in his

own defence upon her assault. If there be any just cause of

correction, complaint shall be made to authority assem-

bled in some court, from which only she shall receive it.

Liberties of Children

81. When parents die intestate, the elder son shall have

a double portion of his whole estate real and personal,

unless the General Court upon just cause alleged shall

judge otherwise.

The Development of Political, Religious, and Social Institutions in the Colonies 183

82. When parents die intestate having no [male] heir

of their bodies, their daughters shall inherit as co-partners,

unless the General Court upon just reason shall judge

otherwise.

83. If any parents shall willfully and unreasonably deny

any child timely or convenient marriage, or shall exercise

any unnatural severity towards them, such children shall

have free liberty to complain to authority for redress.

84. No orphan during their minority which was not

committed to tuition or service by the parents in their life-

time, shall afterwards be absolutely disposed of by any kin-

dred, friend, executor, township, or church, nor by

themselves, without the consent of some court wherein

two assistants at least shall be present.

Liberties of Servants

85. If any servants shall flee from the tyranny and cruelty

of their masters to the house of any freeman of the same

town, they shall be there protected and sustained till due

order be taken for their relief. Provided due notice thereof

be speedily given to their masters from whom they fled,

and [to] the next assistant or constable where the party fly-

ing is harbored.

86. No servant shall be put off for above a year to

any other neither in the lifetime of their master nor after

their death by their executors of administrators, unless it

be by consent of authority assembled in some court or two

assistants.

87. If any man smite out the eye or tooth of his man-

servant, or maid-servant, or otherwise maim or much dis-

figure him, unless it be by mere casualty, he shall let them

go free from his service. And shall have such further rec-

ompense as the court shall allow him.

88. Servants that have served diligently and faithfully

to the benefit of their masters seven years, shall not be sent

away empty. And if any have been unfaithful, negligent, or

unprofitable in their service, notwithstanding the good

usage of their masters, they shall not be dismissed till they

have made satisfaction according to the judgment of

authority.

Liberties of Foreigners and Strangers

89. If any people of other nations professing the true

Christian religion shall flee to us from the tyranny or

oppression of their persecutors, or from famine, wars, or

the like necessary and compulsory cause, they shall be

entertained and succored amongst us, according to that

power and prudence God shall give us.

90. If any ships or other vessels, be it friend or enemy,

shall suffer shipwreck upon our coast, there shall be no

violence or wrong offered to their persons or goods. But

their persons shall be harbored, and relieved, and their

goods preserved in safety till authority may be certified

thereof, and shall take further order therein.

91. There shall never be any bond slavery, villeinage or

captivity amongst us unless it be lawful captives taken in

just wars, and such strangers as willingly sell themselves or

are sold to us. And these shall have all the liberties and

Christian usages which the law of God established in Israel

concerning such persons doth morally require. This

exempts none from servitude who shall be judged thereto

by authority.

Of the Brute Creature

92. No man shall exercise any tyranny or cruelty towards

any brute creature which are usually kept for man’s use.

93. If any man shall have occasion to lead or drive cat-

tle from place to place that is far off, so that they be weary,

or hungry, or all sick, or lame, it shall be lawful to rest or

refresh them, for competent time, in any open place that

is not corn, meadow, or enclosed for some peculiar use.

94. Capital Laws

If any man after legal conviction shall have or worship any

other God, but the lord God, he shall be put to death

(Deut. 13:6, 10; Deut. 17:2, 6; Ex. 22:20).

If any man or woman be a witch (that is, hath or consulteth

with a familiar spirit), they shall be put to death (Ex. 22:18;

Lev. 20:27; Deut. 18:10).

III

If any person shall blaspheme the name of God, the

Father, Son, or Holy Ghost, with direct, express, presump-

tuous or high-handed blasphemy, or shall curse God in the

like manner, he shall be put to death (Lev. 24:15, 16).

If any person commit any wilful murder, which is man-

slaughter, committed upon premeditated malice, hatred,

or cruelty, not in a man’s necessary and just defence, nor

by mere casualty against his will, he shall be put to death

(Ex. 21:12; Numb. 35:13, 14, 30, 31).

If any person slayeth another suddenly in his anger or cru-

elty of passion, he shall be put to death (Numb. 25:20, 21;

Lev. 24:17).

If any person shall slay another through guile, either by

poisoning or other such devilish practice, he shall be put to

death (Ex. 21:14).

184 ERA 2: Colonization and Settlement

VII

If any man or woman shall lie with any beast or brute crea-

ture by carnal copulation, they shall surely be put to death.

And the beast shall be slain, and buried and not eaten (Lev.

20:15, 16).

VIII

If any man lieth with mankind as he lieth with a woman,

both of them have committed abomination, they both shall

surely be put to death (Lev. 20:13).

If any person committeth adultery with a married or

espoused wife, the adulterer and adulteress shall surely be

put to death (Lev: 20:19 and 18:20; Deut. 22:23, 24).

If any man stealeth a man or mankind, he shall surely be

put to death (Ex. 21:16).

If any man rise up by false witness, wittingly and of pur-

pose to take away any man’s life, he shall be put to death

(Deut. 19:16, 18, 19).

XII

If any man shall conspire and attempt any invasion, insur-

rection, or public rebellion against our commonwealth,

or shall endeavor to surprise any town or towns, fort or

forts therein, or shall treacherously and perfidiously

attempt the alteration and subversion of our frame of

polity or government fundamentally, he shall be put to

death.

95. A Declaration of the Liberties the Lord Jesus

Hath Given to the Churches

All the people of God within this jurisdiction who are not

in a church way, and be orthodox in judgment, and not

scandalous in life, shall have full liberty to gather them-

selves into a church estate; provided they do it in a Chris-

tian way, with due observation of the rules of Christ

revealed in his word.

Every church hath full liberty to exercise all the ordinances

of God, according to the rules of scripture.

III

Every church hath free liberty of election and ordination

of all their officers from time to time, provided they be

able, pious and orthodox.

Every church hath free liberty of admission, recommenda-

tion, dismission, and expulsion or deposal of their officers

and members, upon due cause, with free exercise of the

discipline and censures of Christ according to the rules of

his word.

No injunctions are to be put upon any church, church offi-

cers or member in point of doctrine, worship or discipline,

whether for substance or circumstance besides the institu-

tions of the Lord.

Every church of Christ hath freedom to celebrate days of

fasting and prayer, and of thanksgiving according to the

word of God.

VII

The elders of churches have free liberty to meet monthly,

quarterly, or otherwise, in convenient numbers and places,

for conferences and consultations about Christians and

church questions and occasions.

VIII

All churches have liberty to deal with any of their members

in a church way that are in the hand of justice. So it be not

to retard or hinder the course thereof.

Every church hath liberty to deal with any magistrate,

deputy of court, or other officer whatsoever that is a mem-

ber in a church way in case of apparent and just offence

given in their places, so it be done with due observance

and respect.

We allow private meetings for edification in religion

amongst Christians of all sorts of people. So it be without

just offence for number, time, place, and other circum-

stances.

For the preventing and removing of error and offence that

may grow and spread in any of the churches in this juris-

diction, and for the preserving of truth and peace in the

several churches within themselves, and for the mainte-

nance and exercise of brotherly communion amongst all

the churches in the country, it is allowed and ratified, by

the authority of this General Court as a lawful liberty of

the churches of Christ: that once in every month of the

year (when the season will bear it) it shall be lawful for the

The Development of Political, Religious, and Social Institutions in the Colonies 185

ministers and elders of the churches near adjoining

together, with any other of the brethren, with the consent

of the churches, to assemble by course in each several

church one after another. To the intent, after the preach-

ing of the word by such a minister as shall be requested

thereto by the elders of the church where the assembly is

held, the rest of the day may be spent in public Christian

conference about the discussing and resolving of any such

doubts and cases of conscience concerning matter of doc-

trine or worship or government of the church as shall be

propounded by any of the brethren of that church, will

leave also to any other brother to propound his objections

or answers for further satisfaction according to the word of

God. Provided that the whole action be guided and mod-

erated by the elders of the church where the assembly is

held, or by such others as they shall appoint. And that

nothing be concluded and imposed by way of authority

from one or more churches upon another, but only by way

of brotherly conference and consultations. That the truth

may be searched out to the satisfying of every man’s con-

science in the sight of God according to his word. And

because such an assembly and the work thereof cannot be

duly attended to if other lectures be held in the same

week, it is therefore agreed with the consent of the

churches, that in that week when such an assembly is held,

all the lectures in all the neighboring churches for that

week shall be forborne. That so the public service of Christ

in this more solemn assembly may be transacted with

greater diligence and attention.

96. Howsoever these above specified rites, freedoms,

immunities, authorities and privileges, both civil and eccle-

siastical, are expressed only under the name and title of

liberties, and not in the exact form of laws or statutes, yet

we do with one consent fully authorize, and earnestly

entreat all that are and shall be in authority, to consider

them as laws, and not to fail to inflict condign and propor-

tionable punishments upon every man impartially, that

shall infringe or violate any of them.

97. We likewise give full power and liberty to any per-

son that shall at any time be denied or deprived of any of

them, to commence and prosecute their suit, complaint or

action against any man that shall so do in any court that

hath proper cognizance or judicature thereof.

98. Lastly, because our duty and desire is to do noth-

ing suddenly which fundamentally concerns us, we decree

that these rights and liberties shall be audibly read and

deliberately weighed at every General Court that shall be

held within three years next ensuing. And such of them as

shall not be altered or repealed, they shall stand so ratified,

that no man shall infringe them without due punishment.

And if any General Court within these next three years

shall fail or forget to read and consider them as above said,

the governor and deputy governor for the time being, and

every assistant present at such courts, shall forfeit 20/sh. a

man, and every deputy 10/sh a man for each neglect, which

shall be paid out of their proper estate, and not by the

country or the towns which choose them; and whensoever

there shall arise any question in any court among the assis-

tants and associates thereof about the explanation of these

rights and liberties, the General Court only shall have

power to interpret them.

Source:

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

York: Washington Square Press, 1964–68.

New England Articles of

Confederation, 1643

The first attempt at a unified federal government among the

English colonies in North America. In 1643, in response to in-

creasing Indian attacks and the expansion of Dutch settlement,

the four Puritan colonies—Massachusetts Bay, Plymouth, Con-

necticut, and New Haven—formed the United Colonies of

New England to ensure their “mutual safety and welfare.”

Each colony retained its individual sovereignty but pledged its

allegiance to the confederation as a whole. A commission was

established that consisted of two representatives from each

colony. All defensive or offensive wars were to be justified and

approved by the commission. Commissioners also had the

power to legislate Indian affairs, settle interstate quarrels, and

extradite fugitive servants or criminals. While the commission

was an important step toward intercolonial cooperation, in

practice it was little more than an advisory board. Petty rival-

ries, a narrow religious outlook that refused membership to the

Maine and Rhode Island settlements, and the tendency of

Massachusetts, the largest colony, to ignore the commission’s

decisions all led to the confederacy’s demise. Despite briefly

regaining its significance during King Philip’s War (1675–76),

the confederacy returned to its mostly inactive state shortly

afterward. When the Massachusetts charter was revoked in

1684, the commission was dissolved, and the confederacy

came to an end.

William Penn’s Plan of Union (1697) appears to be the

first such prescription for a union of all the northern American

colonies. It, too, called for a congress made up of two repre-

sentatives from each colony, who would meet at least once a

year and twice during wartime. This congress would have held

legal jurisdiction over such intercolonial activities as the pre-

vention of frauds and the regulation of abuses in the plantation

trade. It appointed the colony of New York as the meeting

place for the congress and appointed the governor of New

York to act as the king’s high commissioner for each session.

However, it was never implemented

186 ERA 2: Colonization and Settlement

________________________

_______________________

The Articles of Confederation between the Plantations

under the Government of the Massachusetts, the Planta-

tions under the Government of New Plymouth, the Plan-

tations under the Government of Connecticut, and the

Government of New Haven with the Plantations in Com-

bination therewith:

Whereas we all came into these parts of America with

one and the same end and aim, namely, to advance the

Kingdom of our Lord Jesus Christ and to enjoy the liber-

ties of the Gospel in purity with peace; and whereas in

our settling (by a wise providence of God) we are further

dispersed upon the sea coasts and rivers than was at first

intended, so that we can not according to our desire with

convenience communicate in one government and juris-

diction; and whereas we live encompassed with people of

several nations and strange languages which hereafter

may prove injurious to us or our posterity. And forasmuch

as the natives have formerly committed sundry insolence

and outrages upon several Plantations of the English and

have of late of late combined themselves against us: and

seeing by reason of those sad distractions in England

which they have heard of, and by which they know we are

hindered from that humble way of seeking advice, or

reaping those comfortable fruits of protection, which at

other times we might well expect. We therefore do con-

ceive it our bounden duty, without delay to enter into a

present Consociation amongst ourselves, for mutual help

and strength in all our future concernments: That, as in

nation and religion, so in other respects, we be and con-

tinue one according to the tenor and true meaning of the

ensuing articles: Wherefore it is fully agreed and con-

cluded by and between the parties or Jurisdictions above

named, and they jointly and severally do by these pre-

sents agree and conclude that they all be and henceforth

be called by the name of the United Colonies of New

England.

The said United Colonies for themselves and their

posterities do jointly and severally hereby enter into

a firm and perpetual league of friendship and amity

for offence and defence, mutual advice and succor

upon all just occasions both for preserving and

propagating the truth and liberties of the Gospel

and for their own mutual safety and welfare.

It is further agreed that the Plantations which at present

are or hereafter shall be settled within the limits of the

Massachusetts shall be forever under the Massachusetts

and shall have peculiar jurisdiction among themselves in

all cases as an entire body, and that Plymouth, Connecti-

cut, and New Haven shall each of them have like peculiar

jurisdiction and government within their limits; and in ref-

erence to the Plantations which already are settled or shall

hereafter be erected, or shall settle within their limits

respectively; provided no other Jurisdiction shall hereafter

be taken in as a distinct head or member of this Confeder-

ation, nor shall any other Plantation or Jurisdiction in pre-

sent being, and not already in combination or under the

jurisdiction of any of these Confederates, be received by

any of them; nor shall any two of the Confederates join in

one Jurisdiction without the consent of the rest, which

consent to be interpreted as is expressed in the sixth arti-

cle ensuing.

It is by these Confederates agreed that the charge of all

just wars, whether offensive or defensive, upon what part

or member of this Confederation soever they fall, shall

both in men, provisions, and all other disbursements be

borne by all the parts of this Confederation in different

proportions according to their different ability in manner

following, namely, that the Commissioners for each Juris-

diction from time to time, as there shall be occasion, bring

a true account and number of all their males males in

every Plantation, or any way belonging to or under their

several Jurisdictions, of what quality or condition soever

they be, from sixteen to threescore, being inhabitants

there. And that according to the different numbers from

which from time to time shall be found in each Jurisdic-

tion upon a true and just account, the service of men and

all charges of the war be borne by the poll: each Jurisdic-

tion or Plantation being left to their own just course and

custom of rating themselves and people according to their

different estates with due respects to their qualities and

exemptions amongst themselves though the Confedera-

tion take no notice of any such privilage: and that accord-

ing to their different charge of each Jurisdiction and

Plantation the whole advantage of the war (if it please

God so to bless their endeavors) whether it be in lands,

goods, or persons, shall be proportionately divided among

the said Confederates.

It is further agreed, that if any of these Jurisdictions or any

Plantation under or in combination with them, be invaded

by any enemy whomsoever, upon notice and request

of any three magistrates of that Jurisdiction so invaded,

the rest of the Confederates without any further meeting

or expostulation shall forthwith send aid to the Confeder-

ate in danger but in different proportions; namely, the

The Development of Political, Religious, and Social Institutions in the Colonies 187

Massachusetts an hundred men sufficiently armed and

provided for such a service and journey, and each of the

rest, forty five so armed and provided, or any less number,

if less be required according to this proportion. But if

such Confederate in danger may be supplied by their next

Confederates, not exceeding the number hereby agreed,

they may crave help there, and seek no further for the

present: the charge to be borne as in this article is

expressed: and at the return to be victualled and supplied

with the powder and shot for their journey (if there be

need) by that Jurisdiction which employed or sent for

them; But none of the Jurisdictions to exceed these num-

bers until by a meeting of the Commissioners for this

Confederation a greater aid appear necessary. And this

proportion to continue till upon knowledge of greater

numbers in each Jurisdiction which shall be brought to

the next meeting, some other proportion be ordered. But

in any such case of sending men for present aid, whether

before or after such order or alteration, it is agreed that at

the meeting of the Commissioners for this Confederation,

the cause of such war or invasion be duly considered: and

if it appear that the fault lay in the parties so invaded then

that Jurisdiction or Plantation make just satisfaction, both

to the invaders whom they have injured, and bear all the

charges of the war themselves, without requiring any

allowance from the rest of the Confederates towards the

same. And further that if any Jurisdiction see any danger

of invasion approaching, and there be time for a meeting,

that in such a case three magistrates of the Jurisdiction

may summon a meeting at such convenient place as them-

selves shall think meet, to consider and provide against

the threatened danger; provided when they are met they

may remove to what place they please; only whilst any of

these four Confederates have but three magistrates in

their Jurisdiction, their requests, or summons, from any of

them shalm be accounted of equal force with the three

mentioned in both the clauses of this article, till there be

an increase of magistrates there.

It is also agreed, that for the managing and concluding of

all affairs proper, and concerning the whole Confederation

two Commissioners shall be chosen by and out of each of

these four Jurisdictions: namely, two for the Mass-

achusetts, two for Plymouth, two for Connecticut, and two

for New Haven, being all in Church fellowship with us

which shall bring full power from their several General

Courts respectively to hear, examine, weigh and determine

all affairs of our war, or peace, leagues, aids, charges, and

numbers of men for war, division of spoils and whatsoever

is gotten by conquest, receiving of more Confederates for

Planatations into combination with any of the Confeder-

ates, and all things of like nature, which are the proper

concomitants or consequents of such a Confederation for

amity, offence, and defence: not intermeddling with the

government of any of the Jurisdictions, which by the third

article is preserved entirely, to themselves. But if these

eight Commissioners when they meet shall not all agree

yet it [is] concluded that any six of the eight agreeing shall

have power to settle and determine the business in ques-

tion. But if six do not agree, that then such propositions

with their reasons so far as they have been debated, be sent

and referred to the four General Courts; namely, the

Massachusetts, Plymouth, Connecticut, and New Haven;

and if at all the said General Courts the business so

referred be concluded, then to be prosecuted by the Con-

federates and all their members. It is further agreed that

these eight Commissioners shall meet once every year

besides extraordinary meetings (according to the fifth arti-

cle) to consider, treat, and conclude of all affairs belonging

to this Confederation, which meeting shall ever be the first

Thursday in September. And that the next meeting after

the date of these presents, which shall be accounted the

second meeting, shall be at Boston in the Massachusetts,

the third at Hartford, the fourth at New Haven, the fifth at

Plvmouth, the sixth and seventh at Boston; and then Hart-

ford, New Haven, and Plymouth, and so in course succes-

sively, if in the meantime some middle place be not found

out and agreed on, which may be commodious for all the

Jurisdictions.

It is further agreed that at each meeting of these eight

Commissioners, whether ordinary or extraordinary they or

six of them agreeing as before, may choose their President

out of themselves whose office and work shall be to take

care and direct for order and a comely carrying on of all

proceedings in the present meeting but he shall be invested

with no such power or respect, which he shall hinder the

propounding or progress of any business or any way cast the

scales otherwise than in the precedent article is agreed.

It is also agreed that the. Commissioners for this Confed-

eration hereafter a their meetings, whether ordinary or

extraordinary as they may have commission or opportunity,

do endeavor to frame and establish agreements and orders

in general cases of a civil nature, wherein all the Plantations

are interested, for preventing as much as may be all occa-

sion of war or differences with others, as about the free and

speedy pasage of justice in every Jurisdiction, to all the

Confederates equally as to their own, receiving those that

remove from one Plantation to another without due certifi-

cate, how all the Jurisdictions, may carry it towards the

Indians, that they neither grow insolent nor be injured

without due satisfaction, lest war break in upon the Con-

federates through such miscarriages. It is also agreed that if

any servant run away from his master into any other of

188 ERA 2: Colonization and Settlement

these confederated Jurisdictions, that in such case, upon

the certificate of one magistrate in the Jurisdiction out of

which the said servant fled or upon other due proof; the

said servant shall be delivered, either to his master or any

other that pursues and brings such certificate or proof. And

that upon the escape of any prisoner whatsoever, or fugitive

for any criminal cause, whether breaking prison, or getting

from the officer, or otherwise escaping,, upon the certifi-

cate of two magistrates of the Jurisdiction out of which the

escape is made, that he was a prisoner, or such an offender

at the time of the escape, the magistrates, or some of them

of that Jurisdiction where for the present the said prisoner

or fugitive abideth, shall forthwith grant such a warrant as

the case will bear, for the apprehending of any such person,

and the delivery of him into the hands of the officer or per-

son who pursues him. And if there be help required for safe

returning of any such offender, then it shall be granted to

him that craves the same, paying the charges thereof.

And for that the justest wars may be of dangerous conse-

quence, especially to the smaller Plantations in the United

Colonies, it is agreed that neither the Massachusetts, Ply-

mouth, Connecticut, nor New Haven, nor any of the mem-

bers of them, shall at any time hereafter begin, undertake,

or engage themselves, or this Confederation,or any part

thereof in any war whatsoever (sudden exigencies, with the

necessary consequents thereof excepted), which are also to

be moderated as much as the case will permit, without the

consent and agreement of the formentioned eight Com-

missioners, or at least six of them. as in the sixth article is

provided: and that no charge be required of any of the

Confederates, in case of a defensive war, till the Commis-

sioners have met, and approved the justice of the war, and

have agreed upon the sum of money to be levid, which

sum is then to be paid by the several Confederates in pro-

portion according to the fourth article.

Source:

Francis Newton Thorpe, ed. The Federal and State Constitutions

Colonial Charters, and Other Organic Laws of the States,

Territories, and Colonies Now or Heretofore Forming the

United States of America. Washington, D.C.: Government

Printing Office, 1909.

John Winthrop, “On Liberty,” 1645

Document written by John Winthrop in 1645 for the purpose

of addressing the assembly of the Massachusetts Bay Colony.

after he was impeached and acquitted before the Mass-

achusetts General Court. Never one to bow to popular

demand, Winthrop made an unpopular decision concerning

the issue of who should be chosen captain of the Higham mili-

tia, which led to his trial. The Massachusetts Bay Colony was

based entirely on religious ideals, and Winthrop would not tol-

erate civil liberty in its government. He governed with these

motivations in mind and, in this document, called for blithe

and peaceful submission to authority from his subjects. He

was reelected to governor until his death in 1649, though

many independent citizens of Massachusetts did not go along

with his strictly religious views.

________________________

_______________________

I suppose something may be expected from me upon this

charge that has befallen me, which moves me to speak now

to you; yet I intend not to intermeddle in the proceedings

of the court or with any of the persons concerned therein.

Only I bless God that I see an issue of this troublesome

business. I also acknowledge the justice of the court, and

for mine own part I am well satisfied. I was publicly

charged, and I am publicly and legally acquitted, which is

all I did expect or desire. And thought this be sufficient for

my justification before men, yet not so before the God who

hath seen so much amiss in my dispensations (and even in

this affair) as calls me to be humble.

For to be publicly and criminally charged in this court

is matter of humiliation (and I desire to make a right use

of it), notwithstanding I be thus acquitted. If her father

had spit in her face (saith the Lord concerning Miriam),

should she not have been ashamed seven days? Shame had

lien upon her, whatever the occasion had been. I am

unwilling to stay you from your urgent affairs, yet give me

leave (upon this special occasion) to speak a little more to

this assembly. It may be of some good use to inform and

rectify the judgments of some of the people, and may pre-

vent such distempers as have arisen amongst us. The great

questions that have troubled the country are about the

authority of the magistrates and the liberty of the people.

It is yourselves who have called us to this office, and, being

called by you, we have our authority from God, in way of

an ordinance, such as hath the image of God eminently

stamped upon it, the contempt and violation whereof hath

been vindicated with examples of divine vengeance.

I entreat you to consider that, when you choose mag-

istrates, you take them from among yourselves, men sub-

ject to like passions as you are. Therefore, when you see

infirmities in us, you should reflect upon your own, and

that would make you bear the more with us, and not be

severe censurers of the failings of your magistrates, when

you have continual experience of the like infirmities in

yourselves and others.

We account him a good servant who breaks not his

covenant. The covenant between you and us is the oath

you have taken of us, which is to this purpose, that we shall

govern you and judge your causes by the rules of God’s

laws and our own, according to our best skill. When you

agree with a workman to build you a ship or house, etc., he

The Development of Political, Religious, and Social Institutions in the Colonies 189

undertakes as well for his skill as for faithfulness; for it is

his profession, and you pay him for both. But when you

call one to be a magistrate he doth not profess or under-

take to have sufficient skill for that office, nor can you fur-

nish him with gifts, etc., therefore you must run the

hazard of his skill and ability. But if he fail in faithfulness,

which by his oath he is bound unto, that he must answer

for. If it fall out that the case be clear to common appre-

hension, and the rule clear also, if he transgress here, the

error is not in the skill, but in the evil of the will: it must

be required of him. But if the case be doubtful, or the rule

doubtful, to men of such understanding and parts as your

magistrates are, if your magistrates should err here, your-

selves must bear it.

For the other point concerning liberty, I observe a

great mistake in the country about that. There is a twofold

liberty, natural (I mean as our nature is now corrupt) and

civil or federal. The first is common to man with beasts and

other creatures. By this man, as he stands in relation to

man simply, hath liberty to do what he lists: it is a liberty to

evil as well as to good. This liberty is incompatible and

inconsistent with authority, and cannot endure the least

restraint of the most just authority. The exercise and main-

taining of this liberty makes men grow more evil, and in

time to be worse than brute beasts: omnes sumus licentia

deteriores. This is that great enemy of truth and peace, that

wild beast, which all the ordinances of God are bent

against, to restrain and subdue it.

The other kind of liberty I call civil or federal; it may

also be termed moral, in reference to the covenant

between God and man in the moral law, and the politic

covenants and constitutions amongst men themselves.

This liberty is the proper end and object of authority, and

cannot subsist without it; and it is a liberty to that only

which is good, just, and honest. This liberty you are to

stand for, with the hazard (not only of your goods, but) of

your lives, if need be. Whatsoever crosseth this is not

authority, but a distemper thereof. This liberty is main-

tained and exercised in a way of subjection to authority; it

is of the same kind of liberty wherewith Christ hath made

us free. The woman’s own choice makes such a man her

husband; yet, being so chosen, he is her lord, and she is to

be subject to him, yet in a way of liberty, not of bondage;

and a true wife accounts her subjection her honor and

freedom, and would not think her condition safe and free

but in her subjection to her husband’s authority. Such is

the liberty of the church under the authority of Christ, her

king and husband; his yoke is so easy and sweet to her as a

bride’s ornaments; and if, through forwardness or wanton-

ness, etc., she shake it off at any time, she is at no rest in

her spirit until she take it up again; and whether her lord

smiles upon her, and embraceth her in his arms, or

whether her frowns, or rebukes, or smites her, she appre-

hends the sweetness of his love in all, and is refreshed,

supported, and instructed by every such dispensation of

his authority over her. On the other side, ye know who they

are that complain of this yoke and say, let us break their

bands, etc., we will not have this man to rule over us.

Even so, brethren, it will be between you and your

magistrates. If you stand for your natural corrupt liberties,

and will do what is good in your own eyes, you will not

endure the least weight of authority, but will murmur, and

oppose, and be always striving to shake off that yoke; but

if you will be satisfied to enjoy such civil and lawful liber-

ties, such as Christ allows you, then will you quietly and

cheerfully submit unto that authority which is set over

you, in all the administrations of it, for your good.

Wherein, if we fail at any time, we hope we shall be will-

ing (by God’s assistance) to hearken to good advice from

any of you, or in any other way to God; so shall your lib-

erties be preserved, in upholding the honor and power of

authority amongst you.

Source:

James Andrews and David Zarefsky, eds. American Voices: Sig-

nificant Speeches in American History, 1640–1945. New

York: Longman, 1989.

Roger Williams,

“Plea for Religious Liberty,” 1645

Small part of the longer document,

The Bloudy Tenent of Per-

secution,

written by Roger Williams in 1645, based on views

and principles he expressed at different times in his life. This

small vignette of the man who founded the colony of Rhode

Island and fought for the freedom of religion gives 12 reasons

as to why civil and religious liberty should be separated. The

document also advocates complete religious freedom as a dis-

tinct right of the people, rather than a right the government

simply tolerates. Williams was banished from the colony of

Massachusetts in 1636 and fled to the surrounding wilderness,

where he became friendly with the Native Americans, learn-

ing their customs and language. Finally securing land from the

Native Americans in 1636, he settled Providence, declaring it

“a place where no man should be molested for his con-

science.”

________________________

_______________________

First, that the blood of so many hundred thousand souls of

Protestant and Papists, split in the wars of present and for-

mer ages, for their respective consciences, is not required

nor accepted by Jesus Christ the Prince of Peace.

Secondly, pregnant scriptures and arguments are

throughout the work proposed against the doctrine of per-

secution for cause of conscience.

190 ERA 2: Colonization and Settlement

Thirdly, satisfactory answers are given to scriptures,

and objections produced by Mr. Calvin, Beza, Mr. Cotton,

and the ministers of the New England churches and oth-

ers former and later, tending to prove the doctrine of per-

secution for cause of conscience.

Fourthly, the doctrine of persecution for cause of con-

science is proved guilty of all the blood of the souls crying

for vengeance under the altar.

Fifthly, all civil states with their officers of justice in

their respective constitutions and administrations are

proved essentially civil, and therefore not judges, gover-

nors, or defenders of the spiritual or Christians state and

worship.

Sixthly, it is the will and command of God that (since

the coming of his Son the Lord Jesus) a permission of the

most paganish, Jewish, Turkish, or antichristian conscience

and worships, be granted to all men in all nations and

countries; and they are only to be fought against with that

sword which is only (in soul matters) able to conquer, to

wit, the sword of God’s Spirit, the Word of God.

Seventhly, the state of the Land of Israel, the kings

and people thereof in peace and war, is proved figurative

and ceremonial, and no pattern nor precedent for any

kingdom or civil state in the world to follow.

Eighthly, God requireth not a uniformity of religion to

be enacted and enforced in any civil state; which enforced

uniformity (sooner or later) is the greatest occasion of civil

war, ravishing of conscience, persecution of Christ Jesus in

his servants, and of the hypocrisy and destruction of mil-

lions of souls.

Ninthly, in holding an enforced uniformity of religion

in a civil state, we must necessarily disclaim our desires

and hopes of the Jew’s conversion to Christ.

Tenthly, an enforced uniformity of religion throughout

a nation or civil state, confounds the civil and religious,

denies the principles of Christianity and civility, and that

Jesus Christ is come in the flesh.

Eleventhly, the permission of other consciences and

worships than a state professeth only can (according to

God) procure a firm and lasting peace (good assurance

being taken according to the wisdom of the civil state for

uniformity of civil obedience from all forts).

Twelfthly, lastly, true civility and Christianity may both

flourish in a state or kingdom, notwithstanding the per-

mission of divers and contrary consciences, either of Jew

or Gentile. . . .

Truth: I acknowledge that to molest any person, Jew

or Gentile, for either professing doctrine, or practicing

worship merely religious or spiritual, it is to persecute him,

and such a person (whatever his doctrine or practice be,

true or false) suffereth persecution for conscience.

But withal I desire it may be well observed that this

distinction is not full and complete: for beside this that a

man may be persecuted because he holds or practices

what he believes in conscience to be a truth (as Daniel did,

for which he was cast into the lions’ den. Dan. 6), and

many thousands of Christians, because they durst not

cease to preach and practice what they believed was by

God commanded, as the Apostles answered (Acts 4 & 5), I

say besides this a man may also be persecuted, because he

dares not be constrained to yield obedience to such doc-

trines and worships as are by men invented and appointed.

. . .

* * *

Dear Truth, I have two sad complaints:

First, the most sober of the witnesses, that dare to

plead thy cause, how are they charged to be mine enemies,

contentious, turbulent, seditious?

Secondly, thine enemies, though they speak and rail

against thee, though they outrageously pursue, imprision,

banish, kill thy faithful witnesses, yet how is all vermilion’d

o’er for justice against the heretics? Yea, if they kindle

coals, and blow the flames of devouring wars, that leave

neither spiritual nor civil state, but burn up branch and

root, yet how do all pretend an holy war? He that kills, and

heaven, if he bring any other faith or doctrine. . . .

Peace: I add that a civil sword (as woeful experience in

all ages has proved) is so far from bringing or helping for-

ward an opposite in religion to repentance that magistrates

sin grievously against the work of God and blood of souls

by such proceedings. Because as (commonly) the suffer-

ings of false and antichristian teachers harden their follow-

ers, who being blind, by this means are occasioned to

tumble into the ditch of hell after their blind leaders, with

more inflamed zeal of lying confidence. So, secondly, vio-

lence and a sword of steel begets such an impression in the

sufferers that certainly they conclude (as indeed that reli-

gion cannot be true which needs such instruments of vio-

lence to uphold it so) that persecutors are far from soft and

gentle commiseration of the blindness of others. . . .

For (to keep to the similitude which the Spirit useth,

for instance) to batter down a stronghold, high wall, fort,

tower, or castle, men bring not a first and second admoni-

tion, and after obstinacy, excommunication, which are spir-

itual weapons concerning them that be in the church: nor

exhortation to repent and be baptized, to believe in the

Lord Jesus, etc., which are proper weapons to them that be

without, etc. But to take a stronghold, men bring cannons,

culverins, saker, bullets, powder, muskets, swords, pikes,

etc., and these to this end are weapons effectual and pro-

portionable.

On the other side, to batter down idolatry, false wor-

ship, heresy, schism, blindness, hardness, out of the soul

and spirit, it is vain, improper, and unsuitable to bring

those weapons which are used by persecutors, stocks,

The Development of Political, Religious, and Social Institutions in the Colonies 191