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American Antiquarian Society

OATHS OF ALLEGIANCE IN COLONIAL NEW ENGLAND

by

CHARLES EVANS

Reprinted from the Proceedings of the American Antiquarian Society for October, 1921

Worcester, Massachusetts, U.S.A. Published by the Society 1922

The Davis Press Worcester, Massachusetts

CONTENTS

In England. The Oath of Supremacy Tenor of The Oath of Allegiance, &c. to be Taken and Subscribed by Recusants The Oath of Abjuration In New Plymouth Colony. Combination for Foundation of Government known as The Mayflower Compact Oath of Allegiance and Fidelity The Oath of a Ffreeman The Oath of a Resident The Oath of a Ffreeman The Oath of a Ffreeman In Massachusetts-Bay Colony. The Oath of a Freeman, or of a Man to be made ffree. The Oath of Residents The Oath of a Freeman The Oath of a Free-man Freemans Oath Freemans Oath Oath of Fidelitie Oath of Fidelitie Strangers Oath Oath of Fidelitie Freemans Oath In Connecticut and New Haven Colonies. An Oath for Paqua’ and the Plantations there The Oath of a Freeman In New Haven Colony. Freeman’s Charge Oath of Fidelity Oath of Allegiance In Rhode Island and Providence Plantations. Civil Compact Second Civil Compact The Engagement of the Officers The Reciprocal Engagement of the State to ye Officers The Preamble to the Law Against Perjury In New Hampshire Colony. The Combination for Government at Exeter, with the Forms of Oaths for Rulers and People The Elders or Rulers Oath The Oath of the People The Combination of the People of Dover to Establish a Form of Government Freemen In Province or County of Maine. Oath of Councilors of Province of Mayne

OATHS OF ALLEGIANCE IN COLONIAL NEW ENGLAND

The antiquity of the custom of giving and taking Oaths, or the debatable questions of their observance being a religious or legal ceremony, and whether the moral or political aspect has the greater effect upon the minds of men, are subjects with which this paper has nothing to do.

And as the substance of Oaths for particular officers is to engage them to a faithful discharge of their places and trusts to the best of their ability, it has been considered, in general, unnecessary to give them, especially as these offices carry with them the assumption that the general Oaths required of all citizens have first been complied with. No Oaths of office were administered or required in the New Plymouth Colony, the power of the Church being, in effect, superior to the civil power.

For the main purpose of this paper it will not be necessary to go further back in history than to the reign of James the First, of England, 1603–1625, during which time the providences of God directed the course of the voyage of the Pilgrims away from the Colony of Virginia to their settlement at Plymouth in New England, in December, 1620; or to carry the subject beyond the time, in the short-lived reign of James the Second, 1685–1689, when, in December, 1686, Sir Edmund Andros, knight, arrived in Boston with a commission to govern New England, and the Colonial period of New England came to an end.

_In England._

When Henry the Eighth renounced the authority of the Pope, in 1534, an Act of Parliament was obtained declaring him the only supreme head of the Church in England on the earth; and utterly abolishing the authority of the Roman Pontiff within the British Dominions. To give effect to this Act there was further enacted:

THE OATH OF SUPREMACY

I, A. B. do utterly testifie and declare in my Conscience, that the Kings Highness is the only Supream Governour of this Realm, and of all other His Highness Dominions and Countries, as well in all Spiritual and Ecclesiastical things (or causes) as Temporal: And that no Forraign Prince, Person, Prelate, State, or Potentate, hath, or ought to have any jurisdiction, power, superiority, preheminence or authority, Ecclesiastical or Spiritual within this Realm: and therefore I do utterly renounce and forsake all forreign jurisdiction, powers, superioritie, and authorities, and do promise that from henceforth I shall bear Faith and true Allegiance to the Kings Highness, His Heirs and lawful Successors, and (to my power) shall assist and defend all jurisdiction, priviledge, preheminence, & authority granted or belonging to the Kings Highness, His Heirs and Successors, and united and annexed to the imperial Crown of the Realm. So help me God, _&c._

The Act of Supremacy which broke the power of the Roman Catholic Church in England, under Henry the Eighth, and his successor, Edward the Sixth, was repealed under Mary Tudor, and revived under Elizabeth, in 1558. Following the Gunpowder Plot, James the First, in 1605, had enacted an Oath of Allegiance, also, which all British subjects were required to take. This Oath of “submission and obedience to the King as a temporal Sovereign, independent of any other power upon earth” contained no acknowledgment of the King as the head of the Church, and, by this omission, Roman Catholics could take it without denying the supremacy of the Pope in spiritual affairs:

TENOR OF THE OATH OF ALLEGIANCE, &C. TO BE TAKEN AND SUBSCRIBED BY RECUSANTS

I. A.B. doe truely and sincerely acknowledge pfesse testifie and declare in my Conscience before God and the Worlde, That our Soveraigne Lorde Kinge James is lawfull and rightfull King of this Realme and of all other his Majesties Dominions and Countries; And that the Pope, neither of himselfe nor by any Authority of the Churche or Sea of Rome, or by any other meanes with any other, hath any Power or Authoritye to depose the King or to dispose any of his Majesties Kingdomes or Dominions, or to authorize any Forraigne Prince to invade or annoy hym or his Countries, or to discharge any of his Subjects of their Allegiaunce and Obedience to his Majestie, or to give Licence or Leave to any of them to beare Armes raise Tumult or to offer any violence or hurte to his Majestie Royall Pson State or Government or to any of his Majesties Subjects within his Majesties Dominions. Also I doe sweare from my heart, that notwithstanding any Declarac̄on or Sentence of Excommunicac̄on or Deprivac̄on made or graunted or to be made or graunted by the Pope or his Successors, or by any Authoritie derived or p̄tended to be derived from hym or his Sea against the saide King his Heires or Successors, or any Absolution of the saide Subjects from theire Obedience; I will beare Faithe and true Allegiaunce to his Majestie his Heires and Successors, and hym or them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shalbe made against his or theire persons theire Crowne and Dignitie by reason or colour of any such Sentence or Declarac̄on or otherwise, and will doe my best endevour to disclose and make knowen unto his Majestie his Heires and Successors all Treasons and traiterous Conspiracies which I shall knowe or heare of to be against hym or any of them. And I doe further sweare, That I doe from my heart abhor, detest and abjure as impious and hereticall this damnable Doctrine and Position, that Princes which be excōmunicated or deprived by the Pope may be deposed or murthered by theire Subjects or any other whosoever. And I doe beleeve and in my Conscience am resolved, that neither the Pope nor any pson whatsoever hath power to absolve me of this Oath or any parte therof, which I acknowledge by good and full Authoritye to be lawfully ministered unto mee, and doe renounce all Pardons and Dispensac̄ons to the contrarie; And all these things I do plainly and sincerely acknowledge and sweare, according to these expresse wordes by me spoken, and according to the playne and cōmon sense and understanding of the same wordes, without any equivocac̄on or mentall evasion or secret reservac̄on whatsoever; And I doe make this recognic̄on and acknowledgment heartily willingly and truly upon the true Faithe of a Christian: So help me God. Unto which Oath so taken, the saide pson shall subscribe his or her Name or Marke. [1605.]

Both of these Oaths were commanded during the reign of Charles the First, 1625–1649.

By the third Charter of the Virginia Company, their Treasurer, or any two of the Council, were empowered to administer the Oaths of Supremacy, and of Allegiance, to all persons going to their Colony. And the Pilgrims, through their chief men, agreed with the Virginia Company: “The Oath of Supremacy we shall willingly take, if it be required of us, if that convenient satisfaction be not given by our taking the Oath of Allegiance. John Robinson. William Brewster.”

The Charter of the Massachusetts-Bay Company gave them broader powers in that it did not exact this provision from them but gave the Company liberty to admit new members, called “Freemen” of the Company, and no method, conditions, or qualifications were presented for conferring this privilege. Their leaders, as we shall see, were quick to take advantage of the opportunity given them to frame their own Oaths of citizenship. Too late the government in England, or rather that part which was representative of the Church of England, realized the powers of colonization this gave the dissenting churchmen; and, in 1637, a Proclamation was issued, aimed principally to prevent the emigration of Puritan Ministers, which commanded that none should be suffered to go to New England “without a certificate that they had taken the Oaths of Supremacy and Allegiance, and had conformed to the discipline of the Church of England.” In 1638, another Proclamation “commanded owners and masters of vessels that they do not fit out any with passengers and provisions to New-England, without license from the Commissioners of Plantations.”

Another Oath, drawn up in England, also claims a place here because it was sometimes voluntarily taken by settlers in the New England Colonies. In the year 1655, during the Protectorate of Oliver Cromwell, an Oath, probably similar to that prescribed by the Rump Parliament to the Council of State, was enacted which was known as:

THE OATH OF ABJURATION

I do hereby swear that I do renounce the pretended title of Charles Stuart, and the whole line of the late King James; and of any other person, as a single person pretending, or which shall pretend to the crown or government of these nations of England Scotland and Ireland, or any of them; and that I will, by the grace and assistance of Almighty God, be true, faithful and constant to the Parliament, and Commonwealth; and will oppose the bringing in, or setting up any single person or House of Lords, and every of them, in this Commonwealth.

Soon after the Restoration, Charles the Second, by Proclamation commanded that the Oaths of Supremacy and Allegiance be tendered to all persons disaffected to the Government and, in case of refusal, that they were to be prosecuted under the Statute of the 7th of James. During the reign of his Roman Catholic successor, James the Second, the Oath of Supremacy was allowed to lapse, and the Oath of Allegiance, only, was in full force in the Colonies, up to the publication of his declaration of liberty of conscience for all denominations in England and Scotland, in 1687–1688, which sealed his doom.

These preliminaries are necessary to a full understanding of our subject which naturally begins, in point of time, with the settlement

_In New Plymouth Colony._

Strictly speaking, Plymouth was not a New England Colony. It was without a Charter, and the functions of its government were those of a Corporation. The power of the Oath of Allegiance their leaders had assented to always seemed to hang over them, and paralyze the initiative they should have taken. Their attempts to increase their circumscribed boundaries at New Plymouth were futile; and, in the case of their attempted settlement in Maine, disastrous both to the business reputation of their leaders, and to the Corporation. They could spare neither the men nor the means from the parent settlement to form permanent settlements elsewhere. They seemed doomed to failure. And yet hardly that, when we consider the impress upon our Nation made by their sterling qualities of mind and heart, their patience and fortitude under severe trials, the hopes and ambition of their teachings, and their never-failing trust in God’s Providence. These high qualities still animate and live in the great and growing number who proudly claim their ancestry from the Pilgrims at New Plymouth.

COMBINATION FOR FOUNDATION OF GOVERNMENT known as THE MAYFLOWER COMPACT

In y^e name of God, Amen. We whose names are underwriten, the loyall subjects of our dread soveraigne Lord, King James, by y^e grace of God, of Great Britaine, Franc, & Ireland, king, defender of y^e faith, &c. haveing undertaken, for y^e glorie of God, and advancement of y^e Christian faith, and honour of our king and countrie, a voyage to plant y^e first colonie in y^e Northerne parts of Virginia, doe by these presents solemnly & mutualy in y^e presence of God, and one of another, covenant & combine our selves togeather into a civill body politick, for our better ordering & preservation & furtherance of y^e ends aforesaid; and by vertue hearof to enacte, constitute, and frame such just & equall lawes, ordinances, acts, constitutions, & offices, from time to time, as shall be thought most meete & convenient for y^e generall good of y^e Colonie, unto which we promise all due submission and obedience. In witnes wherof we have hereunder subscribed our names at Cap-Codd y^e 11 of November, in y^e year of y^e raigne of our soveraigne lord, King James, of England, France, & Ireland y^e eighteenth, and of Scotland y^e fiftie fourth. An^o: Dom. 1620. [Forty-one names.]

The Mayflower Compact has received full and adequate treatment in the paper read before this Society in October, 1920, by Arthur Lord, LL.D.

The exact date of the two forms of Oaths first given has not been determined, but they are certainly later than the formation of the first Council in 1624.

OATH OF ALLEGIANCE AND FIDELITY

The forme of Oath ... which liue in this Colonie ... the Oth of alegance to his maj ... fidelity to the same.

You shall sweare by the name of the Great God ... & earth & in his holy fear, & presence that you shall not speake, or doe, deuise, or aduise, anything or things, acte or acts, directly, or indirectly, By land, or water, that doth, shall, or may, tend to the destruction or ouerthrowe of this present plantation, Colonie, or Corporation of this towne Plimouth in New England.

Neither shall you suffer the same to be spoken, or done, but shall hinder, & oposse the same, by all due means you can.

You shall not enter into any league, treaty, Confederac̄ or combination, with any, within the said Colonie or without the same that shall plote, or contriue any thing to the hurte, & ruine of the growth, and good of the said plantation.

You shall not consente to any shuch confederation, nor conceale any known vnto you certainly, or by conje but shall forthwith manifest & make knowne the same, to the Gouernours of this said towne for the time being.

And this you promise & swear, simply, & truly, & faithfully to performe as a true christian [you hope for help from God, the God of truth & punisher of falshoode.]

The forme of the Oath which ... of the Gouernour, & Counsell at euery Election of any of them.

You shall swear, according to that wisdom, and measure of discerning giuen vnto you; faithfully, equally & indifrently without respect of persons; to administer Justice, in all causes coming before you. And shall labor, to aduance, & furder the good of this Colony, & plantation, to the vtmost of your power; and oppose any thing that may hinder the same. So help you God.

The words, “a true Christian” were afterwards crossed out, and the form used later: “as you hope for help from God, the God of truth and punisher of falsehood” was substituted.

By the Laws of 1636, every freeman was required to take the following Oath:

THE OATH OF A FFREEMAN

You shall be truly loyall to our Sov Lord King Charles, his heires & successors, [the State & Govern^t of England as it now stands.] You shall not speake or doe, devise or advise any thing or things act or acts directly or indirectly by land or water, that doth shall or may tend to the destrucc̄on or overthrow of this pr̄nt plantac̄ons Colonies or Corporac̄on of New Plymouth, Neither shall you suffer the same to be spoken or done but shall hinder oppose & discover the same to the Govr̄ & Assistants of the said Colony for the time being or some one of them. You shall faithfully submit unto such good & wholesome laws & ordnanc & as either are or shall be made for the ordering & governm^t of the same, and shall endeavor to advance the growth & good of the severall Colonies plantations w^{th} in the limit & of this Corporac̄on by all due meanes & courses. All w^{ch} you promise & sweare by the name of the great God of heaven & earth simply truly & faithfully to pforme as you hope for help frō God who is the God of truth & punisher of falsehood. [1636]

Following the outbreak of civil war in England in 1638, the words “our sovereign lord King Charles his heirs and successors” were erased, and loyalty to “the State and Government of England as it now stands” substituted. The modern rendering intermixed is probably an attempt by the transcriber to fill out missing or undecipherable paragraphs or sentences.

According to Francis Baylies’ “Historical Memoir of New Plymouth,” (I: 235,) the following Oath was prescribed to be taken by any residing in the government of New Plymouth:

THE OATH OF A RESIDENT

You shall be truly loyal to our sovereign lord King Charles, his heirs and successors, and whereas you choose at present to reside within the government of New Plymouth, you shall not do or cause to be done any act or acts directly or indirectly, by land or water, that shall tend to the destruction or overthrow of the whole or any of the several plantations or townships within the said government that are or shall be orderly erected or established, but shall contrariwise hinder, oppose, and discover the same, and such intents and purposes as tend thereunto, to the Governor for the time being, or some one of the assistants with all convenient speed. You shall also submit unto and obey all such good and wholesome laws, ordinances, and offices as are or shall be established within the limits thereof. So help you God. [1636.]

The disturbed state of England is also reflected in the 1658 revision of the Laws when “our sovereign lord the King, his heirs and successors” is substituted for “the present State and Government of England,” as follows:

THE OATH OF A FFREEMAN

You shalbee truely Loyall to the present State and Goūment of England [our Sou^r Lord the King his heires and Successors.] You shall not speake or doe deuise or aduise Any thinge or thinges Acte or Actes directly or Indirectly by Land or Water that doth shall or may tend to the destruction or ouerthrow of these present plantations or Townshipes of the Corporation of New Plymouth neither shall you suffer the same to bee spoken or done but shall hinder oppose and discouer the same to the Gou^r And Assistants of the said Collonie for the time being; or some one of them; you shall faithfully submitt vnto such good and wholesome Lawes and ordinances as either are or shalbee made for the ordering and Gou^rment of the same; and shall Indeuor to aduance the grouth and good of the seuerall townshipes and plantations within the Lymetts of this Corporation by all due meanes and courses; All which you pmise and Sweare by the Name of the great God of heauen and earth simply truely and faithfully to pforme as you hope for healp from God who is the God of truth and the punisher of falchood. [1658.]

At the time of the 1671 revision of the Laws, Charles the Second had been firmly seated on the English throne for ten years, but his name is omitted from the superscription of the following Oath. The intensity of the feeling in the New England Colonies towards even the name of the two kings is shown in the fact that until after the middle of the next century Harvard College had only three graduates, if the three Charles Chaunceys, with whom it was a family name in England, are omitted, and Yale College only one graduate who bore the Christian name of Charles.

THE OATH OF A FFREEMAN

You shalbee truely Loyall to our Sou^r Lord the Kinge his heires and Successors; you shall not doe nor speake deuise or aduise any thinge or thinges act or actes directly or Inderectly by Land or water; that shall or may tend to the destruction or ouerthrow of any of these plantations or towneshipes of the Corporation of New Plymouth; neither shall you suffer the same to bee spoken or done but shall hinder oppose and discouer the same to the Gou^r and Assistants of the said Collonie for the time being or some one of them; you shall faithfully submitt vnto such good and wholesome lawes and ordinances; as either are or shalbee made for the ordering and Gou^rment of the same; and shall endeauor to advance the good and grouth of the seuerall Towneshipes and plantations within the Lymetts of this Corporation by all due meanes and courses; all which you p^rmise and sweare by the Name of the great God of heauen and earth simply truely and faithfully to pforme as you hope for healpe from God whoe is the God of truth and the punisher of ffalchood. [1671.]

_In Massachusetts-Bay Colony._