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whips, prisons, swords, gibbets, stakes, etc. (where these

seem to prevail with some cities or kingdoms, a stronger

force sets up again, what a weaker pull’d down), but

against these spiritual strongholds in the souls of men, spir-

itual artillery and weapons are proper, which are mighty

through God to subdue and bring under the very thought

to obedience, or else to bind fast the soul with chains of

darkness, and lock it up in the prison of unbelief and hard-

ness to eternity. . . .

Peace: I pray descend now to the second evil which

you observe in the answerer’s position, viz., that it would

be evil to tolerate notorious evildoers, seducing teachers,

etc.

Truth: I say the evil is that he most improperly and

confusedly joins and couples seducing teachers with scan-

dalous livers.

Peace: But is it not true that the world is full of seduc-

ing teachers, and is it not true that seducing teachers are

notorious evildoers?

Truth: I answer, far be it from me to deny either, and

yet in two things I shall discover the great evil of this join-

ing and coupling seducing teachers, and scandalous livers

as one adequate or proper object of the magistrate’s care

and work to suppress and punish.

First, it is not an homogeneal (as we speak) but an het-

ergeneal commixture or joining together of things most

different in kinds and natures, as if they were both of one

consideration. . . .

Truth: I answer, in granting with Brentius that man

hath not power to make laws to bind conscience, he over-

throws such his tenent and practice as restrain men from

their worship, according to their conscience and belief,

and constrain them to such worships (though it be out of a

pretense that they are convinced) which their own souls

tell them they have no satisfaction nor faith in.

Secondly, whereas he affirms that men may make laws

to see the law of God observed.

I answer, as God needeth not the help of a material

sword of steel to assist the sword of the Spirit in the affairs

of conscience, to those men, those magistrates, yea that

commonwealth which makes such magistrates, must needs

have power and authority from Christ Jesus to fit judge

and to determine in all the great controversies concerning

doctrine, discipline, government, etc.

And then I ask whether upon this ground it must not

evidently follow that:

Either there is no lawful commonwealth nor civil state

of men in the world, which is not qualified with this spiri-

tual discerning (and then also that the very commonwealth

hath more light concerning the church of Christ than the

church itself).

Or, that the commonwealth and magistrates thereof

must judge and punish as they are persuaded in their own

belief and conscience (be their conscience paganish, Turk-

ish, or antichristian) what is this but to confound heaven

and earth together, and not only to take away the being of

Christianity out of the world, but to take away all civility,

and the world out of the world, and to lay all upon heaps

of confusion? . . . peace: The fourth head is the proper

means of both these powers to attain their ends.

First, the proper means whereby the civil power may

and should attain its end are only political, and principally

these five.

First, the erecting and establishing what form of civil

government may seem in wisdom most meet, according to

general rules of the world, and state of the people.

Secondly, the making, publishing, and establishing of

wholesome civil laws, not only such as concern civil justice,

but also the free passage of true religion; for outward civil

peace ariseth and is maintained from them both, from the

latter as well as from the former.

Civil peace cannot stand entire, where religion is cor-

rupted (2 Chron. 15. 3. 5. 6; and Judges 8). And yet such

laws, though conversant about religion, may still be

counted civil laws, as, on the contrary, an oath doth still

remain religious though conversant about civil matters.

Thirdly, election and appointment of civil officers to

see execution to those laws.

Fourthly, civil punishments and rewards of transgres-

sors and observers of these laws.

Fifthly, taking up arms against the enemies of civil

peace.

Secondly, the means whereby the church may and

should attain her ends are only ecclesiastical, which are

chiefly five.

First, setting up that form of church government only

of which Christ hath given them a pattern in his Word.

Secondly, acknowledging and admitting of no lawgiver

in the church but Christ and the publishing of His laws.

Thirdly, electing and ordaining of such officers only, as

Christ hath appointed in his Word.

Fourthly, to receive into their fellowship them that are

approved and inflicting spiritual censures against them

that offend.

Fifthly, prayer and patience in suffering any evil from

them that be without, who disturb their peace.

So that magistrates, as magistrates, have no power of

setting up the form of church government, electing church

officers, punishing with church censures, but to see that

the church does her duty herein. And on the other side,

the churches as churches, have no power (though as mem-

bers of the commonweal they may have power) or erecting

or altering forms of civil government, electing of civil offi-

cers, inflicting civil punishments (no not on persons

excommunicate) as by deposing magistrates from their

civil authority, or withdrawing the hearts of the people

192 ERA 2: Colonization and Settlement

against them, to their laws, no more than to discharge

wives, or children, or servants, from due obedience to their

husbands, parents, or masters; or by taking up arms against

their magistrates, though he persecute them for con-

science: for though members of churches who are public

officers also of the civil state may suppress by force the vio-

lence of usurpers, as Ieholada did Athaliah, yet this they do

not as members of the church but as officers of the civil

state.

Truth: Here are divers considerable passages which I

shall briefly examine, so far as concerns our controversy.

First, whereas they say that the civil power may erect

and establish what form of civil government may seem in

wisdom most meet, I acknowledge the proposition to be

most true, both in itself and also considered with the end

of it, that a civil government is an ordinance of God, to

conserve the civil peace of people, so far as concerns their

bodies and goods, as formerly hath been said.

But from this grant I infer (as before hath been

touched) that the sovereign, original, and foundation of

civil power lies in the people (whom they must needs

mean by the civil power distinct from the government set

up). And, if so, that a people may erect and establish what

form of government seems to them most meet for their

civil condition; it is evident that such governments as are

by them erected and established have no more power, nor

for no longer time, than the civil power or people consent-

ing and agreeing shall betrust them with. This is clear not

only in reason but in the experience of all commonweals,

where the people are not deprived of their natural free-

dom by the power of tyrants.

And, if so, that the magistrates receive their power

of governing the church from the people, undeniably it

follows that a people, as a people, naturally considered

(of what nature of nation soever in Europe, Asia, Africa,

or America), have fundamentally and originally, as men, a

power to govern the church, to see her do her duty,

to correct her, to redress, reform, establish, etc. And if

this be not to pull God and Christ and Spirit out of

heaven, and subject them unto natural, sinful, inconstant

men, and so consequently to Satan himself, by whom all

peoples naturally are guided, let heaven and earth

judge. . . .

Peace: Some will here ask: Why may the magistrate

then lawfully do with his civil horn or power in matters of

religion?

Truth: His horn not being the horn of that unicorn or

rhinoceros, the power of the Lord Jesus in spiritual cases,

his sword not the two-edged sword of the spirit, the word

of God (hanging not about the loins or side, but at the lips,

and proceeding out of the mouth of his ministers) but of an

humane and civil nature and constitution, it must conse-

quently be of a humane and civil operation, for who knows

not that operation follows constitution? And therefore I

shall end this passage with this consideration:

The civil magistrate either respecteth that religion and

worship which his conscience is persuaded is true, and

upon which he ventures his soul; or else that and those

which he is persuaded are false.

Concerning the first, if that which the magistrate

believeth to be true, be true, I say he owes a threefold duty

unto it:

First, approbation and countenance, a reverent

esteem and honorable testimony, according to Isa. 49, and

Revel. 21, with a tender respect of truth, and the profes-

sors of it.

Secondly, personal submission of his own soul to the

power of the Lord Jesus in that spiritual government and

kingdom, according to Matt. 18 and 1 Cor. 5.

Thirdly, protection of such true professors of Christ,

whether apart, or met together, as also of their estates from

violence and injury, according to Rom. 13.

Now, secondly, if it be a false religion (unto which the

civil magistrate dare not adjoin, yet) he owes:

First, permission (for approbation he owes not what is

evil) and this according to Matthew 13.30 for public peace

ad quiet’s sake.

Secondly, he owes protection to the persons of his

subjects (though of a false worship), that no injury be

offered either to the persons or goods of any. . . .

. . . The God of Peace, the God of Truth will shortly

seal this truth, and confirm this witness, and make it evi-

dent to the whole world, that the doctrine of persecution

for cause of conscience, is most evidently and lamentably

contrary to the doctrine of Christ Jesus the Prince of Peace.

Amen.

Source:

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

nificant Speeches in American History, 1640–1945. New

York: Longman, 1970.

Margaret Brent, Requests for a Seat

in the Maryland Assembly;

Helps Quell a Rebellion, 1646, 1647

Margaret Brent, born in England around 1601, was an influ-

ential property owner in Maryland. She arrived in the colony

in 1638 to take over an estate granted to her by the absent pro-

prietor, Cecilius Calvert, Second Lord Baltimore, on the same

grounds as any of the first settlers, which in effect made her a

feudal lord, presumably with equal privileges over her tenants.

Neither she nor her sister Mary, another landowner, married,

which would have compromised their authority. She appears a

The Development of Political, Religious, and Social Institutions in the Colonies 193

number of times in the records as an attorney representing her-

self or others. (A number of women appeared as attorneys prior

to the establishment of a more formal bar.) She also was

appointed executor for the provincial governor, Leonard

Calvert. In his absence she exercised his power of attorney for

Lord Baltimore. The first document records her request for a

seat and two votes in one of Maryland’s general assemblies,

which all freemen were entitled to attend. She claimed one

vote for herself, and one as the proprietor’s attorney (proxies

were permitted in Maryland’s early assemblies). She was not

allowed to participate, most likely because of her gender, since

she was otherwise qualified to have at least one vote.

Prior to this event, she exercised the governor’s responsi-

bilities during a two-year rebellion instigated by Protestants

against the Catholic proprietorship. Because the rebels did not

form a government, the province remained in a state of virtual

anarchy called the “Plundering Time.” Governor Calvert fled

to Virginia, leaving Margaret Brent in charge of his estate,

which he pledged to pay the soldiers who eventually put

down the rebellion. When the proprietor criticized how she

handled matters, the assembly defended her in the second

document. There is no way to tell for certain whether an early

feminism motivated Brent. However, her apparent refusal to

marry and her tenacity in exercising every privilege to which

she felt entitled earn her a place in feminist history.

________________________

_______________________

General Assembly, January 21, 1648

Came Mrs Margarett Brent and requested to have vote in

the howse for her selfe and voyce allso for that att the last

Court[.]

3d Jan: [I]t was ordered that the said Mrs Brent was to

be lookd uppon and received as his LPS [Lordship’s]

Attorney. The Gout [Government] denyed that the sd. Mrs

Brent should have any uote in the howse. And the sd. Mrs

Brent protested agst all proceedings in this pnt [present]

Assembly, unlesse shee may be pnt. [present] and have

vote as aforesd.

Assembly Proceedings, April 21, 1649

A Letter sent to his Lordship from the Assembly held at

Saint Marys in April Anno Dni 1649

Right honble Great and many have been the miseries

calamities and other Sufferings which your Poor distressed

People Inhabitants of this Province have sustained and

undergone here since the beginning of that Heinous

Rebellion . . . almost for two years continued . . . in which

time most of your Lordships Loyal friends here were

spoiled of their whole Estate and sent away as banished

persons out of the Province those few that remained were

plundered and deprived in a manner of all Livelyhood and

subsistance only Breathing under that intoilerable Yoke

which they were forced to bear under those Rebells which

then assumed the Govt of your Lordships Province unto

themselves ever endeavouring by Oaths and what other

inventions and Practices they might to withdraw the Ears

and Affections of the Inhabitants here from their wonted

Obedience to your Lordship and to assure themselves of

the Province so wrongfully taken and unjustly Possessed by

them which our sufferings we hope your honr apprehends

and is sensible and which tho they were ever Violent even

like a Tempest for the time yet now (thanks be to God all

is past and Calm and the whole Province in perfect Sub-

jection again under your lawful Government amid Author-

ity during all which time your Honour cannot be ignorant

what pains and travell your Friends under went in aiding

your dear Brother for the subduing of those Rebells and

after again in conserving the Prove for your Lordship

never sparing labour cost or Estate which they were or

Could be Possessed of until they had accomplished their

intended Purpose and desires in regaining it again and

setled it under your Lordships Protection and dominion as

for Mrs Brents undertaking and medling with your Lord-

ships Estate here (whether she procured it with her own

and others importtunity or no) we do Verily Believe and in

Conscience report that it was better for the Collonys safety

at that time in her hands then in any mans else in the

whole Province after your Brothers death for the Soldiers

would never have treated any other with that Civility and

respect and though they were even ready at several times

to run into mutiny yet she still pacified them till at the last

things were brought to that strait that she must be admit-

ted and declared your Lordships Attorney by an order of

Court (the Copy whereof is herewith inclosed) or else all

must go to ruin Again and then the second mischief had

been doubtless far greater than the former so that if there

hath not been any sinister use made of your Lordships

Estate by her from what it was intended and ingaged for

by Mr Calvert before his death as we verily Believe she

hath not then we conceive from that time she rather

deserved favour and thanks from your Honour for her so

much Concurring to the publick safety then to be justly

liable to all those bitter invectives you have been pleased

to Express against her.

Source:

Proceedings and Acts of the General Assembly, January 1637/38–

September 1664. Archives of Maryland Online. Vol 1, p. 215.

Available on-line. URL: www.mdarchives.state.md.us.

Accessed October 2003.

Maryland Toleration Act of 1649

Both George and Cecilius Calvert (the first and second lords

Baltimore) advocated freedom of religious expression. As

194 ERA 2: Colonization and Settlement

long as the Catholic proprietary government ruled in the

colony’s earliest years, religion was not a barrier to residency

or participation in government. (Several anti-Catholic rebel-

lions, during which Catholics were discriminated against,

occurred in England in the 1640s.) During the tumultuous

years under Oliver Cromwell in England, dissenters, includ-

ing members of Unitarian Christian sects, emigrated to the

colony. Catholic scholars of early Maryland like to claim that

a Jew, former indentured servant Mathias da Sousa, partici-

pated in a general assembly of freemen; however, except for

his swarthy complexion and name, which was shared by both

Christians and Sephardic Jews, there is no reason to believe

that da Sousa was Jewish. (Interestingly, da Sousa is described

on entering Maryland as “mulatto”; at the time the term

referred to skin color rather than race. As a result, Maryland

claims that he is the first black to have voted in North Amer-

ica.) The Toleration Act passed an assembly, which may have

had a Protestant majority, upon pressure from Lord Baltimore

(Cecilius Calvert) to absolve Maryland from the charge of

intolerance toward Protestantism. The act stated that no per-

son within the province “professing to believe in Jesus Christ

shall be troubled, molested or discountenanced for or in

respect of his or her religion, or in the free exercise thereof.”

It also stated that no one shall be forced to the belief or exer-

cise of any other religion against his or her conscience. By

applying only to orthodox Christians who accepted the doc-

trine of the Trinity, the Act theoretically narrowed the tolera-

tion practices under the Catholic-dominated government.

The only person prosecuted under it was a Jew, who was later

pardoned.

________________________

_______________________

An Act Concerning Religion

Forasmuch as in a well governed and Christian Common

Wealth matters concerning Religion and the honor of God

ought in the first place to bee taken, into serious consid-

eracion and endeavoured to bee settled, Be it therefore

ordered and enacted by the Right Honourable Cecilius

Lord Baron of Baltemore absolute Lord and Proprietary of

this Province with the advise and consent of this Generall

Assembly:

That whatsoever person or persons within this

Province and the Islands thereunto belonging shall from

henceforth blaspheme God, that is Curse him, or deny our

Saviour Jesus Christ to bee the sonne of God, or shall deny

the holy Trinity the father sonne and holy Ghost, or the

Godhead of any of the said Three persons of the Trinity or

the Unity of the Godhead, or shall use or utter any

reproachfull Speeches, words or language concerning the

said Holy Trinity, or any of the said three persons thereof,

shalbe punished with death and confiscation or forfeiture

of all his or her lands and goods to the Lord Proprietary

and his heires.

And bee it also Enacted by the Authority and with the

advise and assent aforesaid, That whatsoever person or per-

sons shall from henceforth use or utter any reproachfull

words or Speeches concerning the blessed Virgin Mary the

Mother of our Saviour or the holy Apostles or Evangelists

or any of them shall in such case for the first offence forfeit

to the said Lord Proprietary and his heirs Lords and Pro-

prietaries of this Province the summe of five pound Sterling

or the value thereof to be Levyed on the goods and chattells

of every such person soe offending, but in case such

Offender or Offenders, shall not then have goods and chat-

tells sufficient for the satisfyeing of such forfeiture, or that

the same bee not otherwise speedily satisfyed that then

such Offender or Offenders shalbe publiquely whipt and

bee imprisoned during the pleasure of the Lord Proprietary

or the Lieutenant or cheife Governor of this Province for

the time being. And that every such Offender or Offenders

for every second offence shall forfeit tenne pound sterling

or the value thereof to bee levyed as aforesaid, or in case

such offender or Offenders shall not then have goods and

chattells within this Province sufficient for that purpose

then to bee publiquely and severely whipt and imprisoned

as before is expressed. And that every person or persons

before mentioned offending herein the third time, shall for

such third Offence forfeit all his lands and Goods and bee

for ever banished and expelled out of this Province.

And be it also further Enacted by the same authority

advise and assent that whatsoever person or persons shall

from henceforth uppon any occasion of Offence or other-

wise in a reproachful manner or Way declare call or

denominate any person or persons whatsoever inhabiting,

residing, traffiqueing, trading or comerceing within this

Province or within any the Ports, Harbors, Creeks or

Havens to the same belonging an heritick, Scismatick,

Idolator, puritan, Independant, Prespiterian popish prest,

Jesuite, Jesuited papist, Lutheran, Calvenist, Anabaptist,

Brownist, Antinomian, Barrowist, Roundhead, Separatist,

or any other name or terme in a reproachfull manner relat-

ing to matter of Religion shall for every such Offence for-

feit and loose the somme of tenne shillings sterling or the

value thereof to bee levyed on the goods and chattells of

every such Offender and Offenders, the one half thereof to

be forfeited and paid unto the person and persons of

whom such reproachfull words are or shalbe spoken or

uttered, and the other half thereof to the Lord Proprietary

and his heires Lords and Proprietaries of this Province.

But if such person or persons who shall at any time utter

or speake any such reproachfull words or Language shall

not have Goods or Chattells sufficient and overt within this

Province to bee taken to satisfie the penalty aforesaid or

that the same bee not otherwise speedily satisfyed, that

then the person or persons soe offending shalbe publickly

whipt, and shall suffer imprisonment without baile or

The Development of Political, Religious, and Social Institutions in the Colonies 195

maineprise [bail] untill hee, shee or they respectively shall

satisfy the party soe offended or greived by such reproach-

full Language by asking him or her respectively forgivenes

publiquely for such his Offence before the Magistrate of

cheife Officer or Officers of the Towne or place where

such Offence shalbe given.

And be it further likewise Enacted by the Authority

and consent aforesaid That every person and persons

within this Province that shall at any time hereafter pro-

phane the Sabbath or Lords day called Sunday by frequent

swearing, drunkennes or by any uncivill or disorderly

recreacion, or by working on that day when absolute

necessity doth not require it shall for every such first

offence forfeit 2s 6d sterling or the value thereof, and for

the second offence 5s sterling or the value thereof, and for

the third offence and soe for every time he shall offend in

like manner afterwards 10s sterling or the value thereof.

And in case such offender and offenders shall not have suf-

ficient goods or chattells within this Province to satisfy any

of the said Penalties respectively hereby imposed for pro-

phaning the Sabbath or Lords day called Sunday as afore-

said, That in Every such case the partie soe offending shall

for the first and second offence in that kinde be impris-

oned till hee or shee shall publickly in open Court before

the cheife Commander Judge or Magistrate, of that

County Towne or precinct where such offence shalbe com-

mitted acknowledg the Scandall and offence he hath in

that respect given against God and the good and civill Gov-

ernement of this Province, And for the third offence and

for every time after shall also bee publickly whipt.

And whereas the inforceing of the conscience in mat-

ters of Religion hath frequently fallen out to be of dan-

gerous Consequence in those commonwealthes where it

hath been practised, And for the more quiett and peace-

able governement of this Province, and the better to pre-

serve mutuall Love and amity amongst the Inhabitants

thereof, Be it Therefore also by the Lord Proprietary with

the advise and consent of this Assembly Ordeyned and

enacted (except as in this present Act is before Declared

and sett forth) that noe person or persons whatsoever

within this Province, or the Islands, Ports, Harbors,

Creekes, or havens thereunto belonging professing to

believe in Jesus Christ, shall from henceforth bee any

waies troubled, Molested or discountenanced for or in

respect of his or her religion nor in the free exercise

thereof within this Province or the Islands thereunto

belonging nor any way compelled to the beleife or exer-

cise of any other Religion against his or her consent, soe

as they be not unfaithfull to the Lord Proprietary, or

molest or conspire against the civill Governement estab-

lished or to bee established in this Province under him or

his heires. And that all and every person and persons that

shall presume Contrary to this Act and the true intent and

meaning thereof directly or indirectly either in person or

estate willfully to wrong disturbe trouble or molest any

person whatsoever within this Province professing to

beleive in Jesus Christ for or in respect of his or her reli-

gion or the free exercise thereof within this Province

other than is provided for in this Act that such person or

persons soe offending, shalbe compelled to pay trebble

damages to the party soe wronged or molested, and for

every such offence shall also forfeit 20s sterling in money

or the value thereof, half thereof for the use of the Lord

Proprietary, and his heires Lords and Proprietaries of this

Province, and the other half for the use of the party soe

wronged or molested as aforesaid, Or if the partie soe

offending as aforesaid shall refuse or bee unable to rec-

ompense the party soe wronged, or to satisfy such fyne or

forfeiture, then such Offender shalbe severely punished

by publick whipping and imprisonment during the plea-

sure of the Lord Proprietary, or his Lieutenant or cheife

Governor of this Province for the tyme being without

baile or maineprise.

And bee it further alsoe Enacted by the authority and

consent aforesaid That the Sheriff or other Officer or Offi-

cers from time to time to bee appointed and authorized for

that purpose, of the County Towne or precinct where

every particular offence in this present Act conteyned shall

happen at any time to bee committed and whereupon

there is hereby a forfeiture fyne or penalty imposed shall

from time to time distraine and seise the goods and estate

of every such person soe offending as aforesaid against this

present Act or any part thereof, and sell the same or any

part thereof for the full satisfaccion of such forfeiture, fine,

or penalty as aforesaid, Restoring unto the partie soe

offending the Remainder or overplus of the said goods or

estate after such satisfaccion soe made as aforesaid.

The freemen have assented.

Source:

Proceedings and Acts of the General Assembly, January 1637/8–

September 1664. Archives of Maryland Online. Vol 1,

p. 224. Available on-line. URL: www.mdarchives.state.

md.us. Accessed October 2003.

Flushing Remonstrance, 1657

Statement against the persecution of Quakers, written by

English settlers at Flushing, Long Island, and addressed to Gov-

ernor Peter Stuyvesant of New Amsterdam (New York) on

December 27, 1657. Stuyvesant had ordered that Flushing

“not receive any of those people called Quakers because they

are supposed to be, by some, seducers of the people.” The set-

tlers remonstrated: “We desire in this case not to judged lest

we be condemned, but rather to let every man stand and fall

196 ERA 2: Colonization and Settlement

to his own Master.” They probably made the first declaration

of religious toleration in America. Nonetheless, five Quakers

recently arrived at New Amsterdam were deported to Rhode

Island.

________________________

_______________________

Remonstrance of the Inhabitants of the Town of Flushing

to Governor Stuyvesant

Right Honorable,

You have been pleased to send up unto us a certain

prohibition or command that we should not receive or

entertain any of those people called Quakers because they

are supposed to be by some, seducers, of the people. For

our part we cannot condemn them in this case, neither can

we stretch out our hands against them, to punish, banish or

persecute them, for out of Christ God is a consuming fire,

and it is a fearful thing to fall into the hands of the living

God.

We desire therefore in this case not to judge least we

be judged, neither to condemn least we be condemned,

but rather let every man stand and fall to his own Master.

Wee are bounde by the Law to doe good unto all men,

especially to those of the household of faith. And though

for the present we seem to be unsensible of the law and

the Law giver, yet when death and the Law assault us, if

wee have our advocate to seeke, who shall plead for us in

this case of conscience betwixt God and our own souls; the

powers of this world can neither attack us, neither excuse

us, for if God justifye who can condemn and if God con-

demn there is none can justifye.

And for those jealousies and suspicious which some

have of them, that they are destructive unto Magistracy

and Minstereye, that can not bee, for the magistrate hath

the sword in his hand and the minister hath the sword in

his hand, as witnesse those two great examples which all

magistrates and ministers are to follow, Moses and Christ,

whom God raised up maintained and defended against all

the enemies both of flesh and spirit; and therefore that

which is of God will stand, and that which is of man will

come to nothing. And as the Lord hath taught Moses or

the civil power to give an outward liberty in the state by the

law written in his heart designed for the good of all, and

can truly judge who is good, who is civil, who is true and

who is false, and can pass definitive sentence of life or

death against that man which rises up against the funda-

mental law of the States General; soe he hath made his

ministers a savor of life unto life, and a savor of death unto

death.

The law of love, peace and liberty in the states extend-

ing to Jews, Turks, and Egyptians, as they are considered

the sonnes of Adam, which is the glory of the outward state

of Holland, soe love, peace and liberty, extending to all in

Christ Jesus, condemns hatred, war and bondage. And

because our Savior saith it is impossible but that offenses

will come, but woe unto him by whom they cometh, our

desire is not to offend one of his little ones, in whatsoever

form, name or title hee appears in, whether Presbyterian,

Independent, Baptist or Quaker, but shall be glad to see

anything of God in any of them, desiring to doe unto all

men as wee desire all men should doe unto us, which is the

true law both of Church and State; for our Saviour saith

this is the law and the prophets.

Therefore if any of these said persons come in love

unto us, we cannot in conscience lay violent hands upon

them, but give them free egresse and regresse unto our

Town, and houses, as God shall persuade our consciences.

And in this we are true subjects both of Church and State,

for we are bounde by the law of God and man to doe good

unto all men and evil to noe man. And this is according to

the patent and charter of our Towne, given unto us in the

name of the States General, which we are not willing to

infringe, and violate, but shall houlde to our patent and

shall remaine, your humble subjects, the inhabitants of

Vlishing.

Written this 27th day of December, in the year 1657,

by mee

Edward Hart, Clericus

Tobias Feake, The Marke of William Noble, William

Thorne, seignior, The Marke of William Thorne, junior,

Edward Tarne, John Store, Nathaniel Hefferd, Benjamin

Hubbard, The Marke of William Pidgion, The Marke of

George Clere, Elias Doughtie, Antonie Feild, Richard

Stocton, Edward Griffine, Nathaniell Tue, Nicolas Black-

ford, The Marke of Micah Tue, The Marke of Philipp Ud,

Robert Field, senior, Robert Field, junior, Nicolas Parsell,

Michael Milner, Henry Townsend, George Wright,

John Foard, Henry Semtell, Edward Hart, John Mastine,

John Townesend, Edward Farrington

Source:

Edwin Tanjore Corwin, ed. Ecclesiastical Records o f the State of

New York. Albany, N.Y.: James B. Lyon, State Printer, 1901.

pp. 412–413.

Fundamental Laws of

West New Jersey, 1675

In 1674 one of the English proprietary owners of New Jersey,

Lord John Berkeley, sold his interests in the western area of the

colony to two Quakers, John Fenwick and George Billing.

Like William Penn in Pennsylvania, Fenwick and Billing as-

pired to create a refuge for the Quakers. They were successful

The Development of Political, Religious, and Social Institutions in the Colonies 197

in this aim, and West Jersey became a Quaker stronghold.

This charter, drafted two years after the settlement was estab-

lished, was probably influenced by the group’s experience

with religious persecution in England. The charter guarantees

religious freedom for all and the right to a fair trial by a jury of

“twelve good and lawful men of his [the accused’s] neighbor-

hood.” Other provisions include the requirement of a sum-

mons that clearly states the facts of the crime, the appointment

of “justices” to instruct the jury in matters of the law through-

out the trial, the establishment of standards of evidence, the

prohibition of perjury, the right of plaintiffs to halt the pro-

ceedings if they wish, and the defendant’s right of self-

defense. The laws also state that all trials must be publicly and

openly conducted. This last stipulation was cited as late as

1980 by the U.S. Supreme Court in

Richmond Newspapers v.

Virginia

, a case that centered on the right of the public and

press to attend criminal trials.

________________________

_______________________

Chapter XIII

That These Following Concessions are the Common Law,

or Fundamental Rights of the Province of West New Jersey

That the common law or fundamental rights and priv-

iledges of West New Jersey, are individually agreed upon

by the Proprietors and freeholders thereof, to be the foun-

dation of the government, which is not to be altered by the

Legislative authority, or free Assembly hereafter men-

tioned and constituted, but that the said Legislative

authority is constituted according to these fundamentals,

to make such laws as agree with, and maintain the said fun-

damentals, and to make no laws that in the least contradict,

differ or vary from the said fundamentals, under what

presence or alligation soever.

Chapter XIV

But if it so happen that any person or persons of the said

General Assembly, shall therein designedly, willfully, and

maliciously, move or excite any to move, any matter or

thing whatsoever, that contradicts or any ways subverts,

any fundamentals of the said laws in the Constitution of

the government of this Province, it being proved by seven

honest and reputable persons, he or they shall be pro-

ceeded against as traitors to the said government.

Chapter XV

That these Concessions, law or great charter of fundamen-

tals, be recorded in a fair table in the Assembly House, and

that they be read at the beginning and dissolving of every

general free Assembly: And it is further agreed and

ordained, that the said Concessions, common law, or great

charter of fundamentals, be writ in fair tables in every

common hall of justice within this Province, and that they

be read in solemn manner four times every year, in the

presence of the people, by the chief magistrates of those

places.

Chapter XVI

That no men, nor number of men upon earth, hath power

or authority to rule over men’s consciences in religious

matters, therefore it is consented, agreed and ordained,

that no person or persons whatsoever within the said

Province, at any time or times hereafter, shall be any ways

upon any presence whatsoever, called in question, or in the

least punished or hurt, either in person, estate, or priv-

iledge, for the sake of his opinion, judgment, faith or wor-

ship towards God in matters of religion. But that all and

every such person, and persons may from time to time, and

at all times, freely and fully have, and enjoy his and their

judgments, and the exercises of their consciences in mat-

ters of religious worship throughout all the said Province.

Chapter XVII

That no Proprietor, freeholder or inhabitant of the said

Province of West New Jersey, shall be deprived or con-

demned of life, limb, liberty, estate, property or any ways

hurt in his or their privileges, freedoms or franchises, upon

any account whatsoever, without a due tryal, and Judgment

passed by twelve good and lawful men of his neighborhood

first had: And that in all causes to be tryed, and in all tryals,

the person or persons, arraigned may except against any of

the said neghborhood, without any reason rendered, (not

exceeding thirty five) and in case of any valid reason

alleged, against every person nominated for that service.

Chapter XVIII

And that no Proprietor, freeholder, freedenison, or inhab-

itant in the said Province, shall be attached, arrested, or

imprisoned for or by reason of any debt, duty, or thing

whatsoever (cases felonious criminal and treasonable

Excepted) before he or she have personal summon or

summons, left at his or her last dwelling place, if in the said

Province, by some legal authorized officer, constituted and

appointed for that purpose, to appear in some court of

judicature for the said Province, with a full and plain

account of the cause or thing in demand, as also the name

or names of the person or persons at whose suit, and the

court where he is to appear, and that he hath at least four-

teen days time to appear and answer the said suit, if he or

she live or inhabit within forty miles English of the said

court, and if at a further distance, to have for every twenty

miles, two days time more, for his and their appearance,

and so proportionately for a larger distance of place.

That upon the recording of the summons, and non-

appearance of such person and persons, a writ or attach-

198 ERA 2: Colonization and Settlement

ment shall or may be issued out to arrest, or attach the per-

son or persons of such defaulters, to cause his or their

appearance in such court, returnable at a day certain to

answer the penalty or penalties, in such suit or suits; and if

he or they shall be condemned by legal tryal and judg-

ment, the penalty or penalties shall be paid and satisfied

out of his or their real or personal estate so condemned, or

cause the person or persons so condemned, to lie in exe-

cution till satisfaction of the debt and damages be made.

Provided always, if such person or persons so condemned,

shall pay and deliver such estate, goods, and chattles which

he or any other person hath for his or their use, and shall

solemnly declare and aver, that he or they have not any fur-

ther estate, goods or chattles wheresoever to satisfy the

person or persons, (at whose suit, he or they are con-

demned) their respective judgments, and shall also bring

and produce three other persons as compurgators, who are

well known and of honest reputation, and approved of by

the commissioners of that division, where they dwell or

inhabit, which shall in such open court, likewise solemnly

declare and aver, that they believe in their consciences,

such person and persons so condemned, have not were-

with further to pay the said condemnation or condemna-

tions, he or they shall be thence forthwith discharged from

their said imprisonment, any law or custom to the contrary

thereof, heretofore in the said Province, notwithstanding.

And upon such summons and default of appearance,

recorded as aforesaid, and such person and persons not

appearing within forty days after, it shall and may be law-

ful for such court of judicature to proceed to tryal, of

twelve lawful men to judgment, against such defaulters,

and issue forth execution against his or their estate, real

and personal, to satisfy such penalty or penalties, to such

debt and damages so recorded, as far as it shall or may

extend.

Chapter XIX

That there shall be in every court, three justices or com-

missioners, who shall sit with the twelve men of the neigh-

borhood, with them to hear all causes, and to assist the said

twelve men of the neighborhood in case of law; and that

they the said justices shall pronounce such judgment as

they shall receive from, and be directed by the said twelve

men in whom only the judgment resides, and not other-

wise.

And in case of their neglect and refusal, that then one

of the twelve, by consent of the rest, pronounce their own

judgment as the justices should have done.

And if any judgment shall be past, in any case civil or

criminal, by any other person or persons, or ally other way,

then according to this agreement and appointment, it shall

be held null and void, and such person or persons so pre-

suming to give judgment, shall be severely fin’d, and upon

complaint made to the General Assembly, by them be

declared incapable of any office or trust within this

Province.

Chapter XX

That in all matters and causes, civil and criminal, proof is

to be made by the solemn and plain averment, of at least

two honest and reputable persons; arid in case that any

person or persons shall bear false witness, and bring in his

or their evidence, contrary to the truth of the matter as

shall be made plainly to appear, that then every such per-

son or persons, shall in civil causes, suffer the penalty

which would be due to the person or persons he or they

bear witness against. And in case any witness or witnesses,

on the behalf of any person or persons, indicted in a crim-

inal cause, shall be found to have borne false witness for

fear, gain, malice or favour, and thereby hinder the due

execution of the law, and deprive the suffering person or

persons of their due satisfaction, that then and in all other

cases of false evidence, such person or persons, shall be

first severely fined, and next that he or they shall forever

be disabled from being admitted in evidence, or into any

public office, employment, or service within this

Province.

Chapter XXI

That all and every person and persons whatsoever, who

shall prosecute or prefer any indictment or information

against others for any personal injuries, or matter criminal,

or shall prosecute for any other criminal cause, (treason,

murther, and felony, only excepted) shall and may be mas-

ter of his own process, and 1lave full power to forgive and

remit the person or persons offending against him or her-

self only, as well before as after judgment, and condemna-

tion, and pardon and remit the sentence, fine and

punishment of the person or persons offending, be it per-

sonal or other whatsoever.

Chapter XXII

That the tryals of all causes, civil and criminal, shall be

heard and decided by the virdict or judgment of twelve

honest men of the neighborhood, only to be summoned

and presented by the sheriff of that division, or propriety

where the fact or trespass is committed; and that no per-

son or persons shall he compelled to fee any attorney or

councillor to plead his cause, but that all persons have free

liberty to plead his own cause, if he please: And that no

person nor persons imprisoned upon any account whatso-

ever within this Province, shall be obliged to pay any fees

to the officer or officers of the said prison, either when

committed or discharged.

The Development of Political, Religious, and Social Institutions in the Colonies 199

Chapter XXIII

That in all publick courts of justice for tryals of causes, civil

or criminal, any person or persons, inhabitants of the said

Province may freely come into, and attend the said courts,

and hear and be present, at all or any such tryals as shall be

there had or passed, that justice may not be done in a cor-

ner nor in any covert manner, being intended and

resolved, by the help of the Lord, and by these our Con-

cessions and Fundamentals, that all and every person and

persons inhabiting the said Province, shall, as far as in us

lies, be free from oppression and slavery.

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.

Nathaniel Bacon,

“Declaration of the People,” 1676

The migration of the Susquehannah Indians from Pennsylvania

to the Virginia backcountry in the 1660s stiffened the resis-

tance of Virginia’s Native Americans to the further expansion

of European agriculture. Western settlers demanded a policy

of armed expansion, but coastal planters advised restraint. Led

by the wealthy western planter Nathaniel Bacon—and in defi-

ance of orders from William Berkeley, the governor of Vir-

ginia—westerners marched up the Potomac into Maryland in

1675, indiscriminately murdering Native Americans and pre-

cipitating a frontier war. With Bacon as leader, the westerners

pushed a set of political reforms through the House of

Burgesses, but, impatient with the pace of change, Bacon and

his followers seized control of the colony, declaring the leader

“General of Virginia” and, in a “Manifesto and Declaration of

the People,” demanded the death or removal of all Native

Americans and an end to the rule of wealthy “parasites.”

Berkeley fled to the eastern shore of the Chesapeake. The civil

war that followed shifted in Berkeley’s favor only after Bacon’s

sudden death from dysentery. A short-lived rebellion with its

own “Statement of Grievances” based on similar causes, but

without a charismatic figure like Bacon, occurred in Maryland

at the same time. Its leaders were hanged.

________________________

_______________________

If virtue be a sin, if piety be guilt, all the principles of

morality, goodness and justice be perverted, we must con-

fess that those who are now called rebels may be in danger

of those high imputations. Those loud and several bulls

would affright innocents and render the defence of our

brethren and the inquiry into our sad and heavy oppres-

sions, treason. But if there be, as sure there is, a just God

to appeal to; if religion and justice be a sanctuary here; if

to plead the cause of the oppressed; if sincerely to aim at

his Majesty’s honour and the public good without any

reservation or by interest; if to stand in the gap after so

much blood of our dear brethren bought and sold; if after

the loss of a great part of his Majesty’s colony deserted and

dispeopled, freely with our lives and estates to endeavour

to save the remainders be treason; God Almighty judge

and let guilty die. But since we cannot in our hearts find

one single spot of rebellion or treason, or that we have in

any manner aimed at the subverting the settled govern-

ment or attempting of the person of any either magistrate

or private man, notwithstanding the several reproaches

and threats of some who for sinister ends were disaffected

to us and censured our innocent and honest designs, and

since all people in all places where we have yet been can

attest our civil, quiet, peaceable behaviour far different

from that of rebellion and tumultuous persons, let truth be

bold and all the world know the real foundations of pre-

tended guilt. We appeal to the country itself what and of

what nature their oppressions have been, or by what cabal

and mystery the designs of many of those whom we call

great men have been transacted and carried on; but let us

trace these men in authority and favour to whose hands the

dispensation of the country’s wealth has been committed.

Let us observe the sudden rise of their estates composed

with the quality in which they first entered this country, or

the reputation they have held here amongst wise and dis-

cerning men. And let us see whether their extractions and

education have not been vile, and by what pretence of

learning and virtue they could so soon [come] into employ-

ments of so great trust and consequence. Let us consider

their sudden advancement and let us also consider

whether any public work for our safety and defense or for

the advancement and propagation of trade, liberal arts, or

sciences is here extant in any way adequate to our vast

charge. Now let us compare these things together and see

what sponges have sucked up the public treasure, and

whether it has not been privately contrived away by

unworthy favourites and juggling parasites whose tottering

fortunes have been repaired and supported at the public

charge. Now if it be so, judge what greater guilt can be

than to offer to pry into these and no unriddle the myste-

rious wiles of a powerful cabal; let all people judge what

can be of more dangerous import than to suspect the so

long safe proceedings of some of our grandees, and

whether people may with safety open their eyes in so nice

a concern.

Another main article of our guilt is our open and man-

ifest aversion of all, not only the foreign but the protected

and darling Indians. This, we are informed, is rebellion of

200 ERA 2: Colonization and Settlement

a deep dye for that both the governor and council are by

Colonel Cole’s assertion bound to defend the queen and

the Appamatocks with their blood. Now, whereas we do

declare and can prove that they have been for these many

years enemies to the king and country, robbers and thieves

and invaders of his Majesty’s right and our interest and

estates, but yet have by persons in authority been

defended and protected even against his Majesty’s loyal

subjects, and that in so high a nature that even the com-

plaints and oaths of his Majesty’s most loyal subjects in a

lawful manner proffered by them against those barbarous

outlaws, have been by the right honourable governor

rejected and the delinquents from his presence dismissed,

not only with pardon and indemnity, but with all encour-

agement and favour; their firearms so destructful to us and

by our laws prohibited, commanded to be restored them,

and open declaration before witness made that they must

have ammunition, although directly contrary to our law.

Now what greater guilt can be than to oppose and endeav-

our the destruction of these honest, quiet neighbours of

ours?

Another main article of our guilt is our design not only

to ruin and extirpate all Indians in general, but all manner

of trade and commerce with them. Judge who can be inno-

cent that strike at this tender eye of interest: since the right

honourable the governor hath been pleased by his com-

mission to warrant this trade, who dare oppose it, or

opposing it can be innocent? Although plantations be

deserted, the blood of our dear brethren spilled; on all

sides our complaints; on all sides our complaints; continu-

ally murder upon murder renewed upon us; who may or

dare think of the general subversion of all manner of trade

and commerce with our enemies who can or dare impeach

any of . . . traders at the heads of the rivers, if contrary to

the wholesome provision made by laws for the country’s

safety; they dare continue their illegal practises and dare

asperse the right honourable governor’s wisdom and jus-

tice so highly to pretend to have his warrant to break that

law which himself made; who dare say that these men at

the heads of the rivers buy and sell our blood, and do still,

notwithstanding the late act made to the contrary, admit

Indians painted and continue to commerce; although

these things can be proved, yet who dare be so guilty as to

do it?

Another article of our guilt is to assert all those neigh-

bour Indians as well as others, to be outlawed, wholly

unqualified for the benefit and protection of the law, for

that the law does reciprocally protect and punish, and that

all people offending must either in person or estate make

equivalent satisfaction or restitution, according to the

manner and merit of the offences, debts, or trespasses.

Now since the Indians cannot, according to the tenure and

form of any law to us known, be prosecuted, seized, or

complained against, their persons being difficultly distin-

guished or known; their many nations’ languages, and their

subterfuges such as makes them incapable to make us

restitution or satisfaction, would it not be very guilty to say

they have been unjustly defended and protected these

many years?

If it should be said that the very foundation of all these

disasters, the grant of the beaver trade to the right hon-

ourable governor was illegal, and not grantable by any

power here present as being a monopoly, were not this to

deserve the name of rebel and traitor?

Judge, therefore, all wise and unprejudiced men who

may or can faithfully or truly with an honest heart, attempt

the country’s good, their vindication, and liberty without

the aspersion of traitor and rebel, since as so doing they

must of necessity gall such tender and dear concerns. But

to manifest sincerity and loyalty to the world, and how

much we abhor those bitter names; may all the world

known that we do unanimously desire to represent our sad

and heavy grievances to his most sacred Majesty as our

refuge and sanctuary, where we do well know that all our

causes will be impartially heard and equal justice adminis-

tered to all men.

The Declaration of the People

For having upon specious pretences of the public works,

raised unjust taxes upon the commonalty for the advance-

ment of private favourites and other sinister ends, but no

visible effects in any measure adequate.

For not having during the long time of his government

in any measure advanced this hopeful colony, either by for-

tification, towns or trade.

For having abused and rendered contemptible the

majesty of justice, of advancing to places of judicature

scandalous and ignorant favourites.

For having wronged his Majesty’s prerogative and

interest by assuming the monopoly of the beaver trade.

By having in that unjust gain bartered and sold his

Majesty’s country and the lives of his loyal subjects to the

barbarous heathen.

For having protected, favoured and emboldened the

Indians against his Majesty’s most loyal subjects, never

contriving, requiring, or appointing any due or proper

means of satisfaction for their many invasions, murders,

and robberies committed upon us.

For having, when the army of the English was just

upon the track of the Indians, which now in all places

burn, spoil, and murder, and when we might with ease

have destroyed them who then were in open hostility, for

having expressly countermanded and sent back our army

by passing his word for the peaceable demeanour of the

said Indians, who immediately prosecuted their evil inten-

tions, committing horrid murders and robberies in all

The Development of Political, Religious, and Social Institutions in the Colonies 201