Part 5

Forasmuch as it has pleased the Allmighty God by the wise disposition of his diuyne p^ruidence so to Order and dispose of things that we the Inhabitants and Residents of Windsor, Hartford and Wethersfield are now cohabiting and dwelling in and vppon the River of Conectecotte and the Lands thereunto adioyneing; And well knowing where a people are gathered togather the word of God requires that to mayntayne the peace and vnion of such a people there should be an orderly and decent Gouerment established according to God, to order and dispose of the affayres of the people at all seasons as occation shall require: doe therefore assotiate and conioyne our selues to be as one publike State or Com̄onwelth; and doe, for our selues and our Successors and such as shall be adioyned to vs att any tyme hereafter, enter into Combination and Confederation togather, to mayntayne and p^rsearue the liberty and purity of the gospell of our Lord Jesus w^{ch} we now p^rfesse, as also the disciplyne of the Churches w^{ch} according to the truth of the said gospell is now practiced amongst vs; As also in o^r Ciuill Affaires to be guided and gouerned according to such Lawes, Rules, Orders and decrees as shall be made, ordered & decreed, as followeth: [The eleven Fundamentalls.] [1638.]

In Connecticut, it would appear that the Oath of Fidelity required of all that were admitted freemen up to July 1640, was as follows:

AN OATH FOR PAQUA’ AND THE PLANTATIONS THERE:

I A. B. being by the P^ruidence of God an inhabitant w^{th}in the Jurisdiction of Conectecotte, doe acknowledge my selfe to be subject to the gou^rment thereof, and doe sweare by the great and dreadfull name of the eu^r liueing God to be true and faythfull vnto the same, and doe submitt boath my P^rson & estate thereunto, according to all the holsome lawes & orders that ether are or hereafter shall be there made by lawfull authority: And that I will nether plott nor practice any euell agaynst the same, nor consent to any that shall so doe, but will tymely discou^r the same to lawfull authority established there; and that I will maynetayne, as in duty I am bownd, the honor of the same & of the lawfull Magestrats thereof, promoteing the publike good thereof, whilst I shall so continue an Inhabitant there, and whensou^r I shall give my vote, suffrage or p^rxy, being cauled thereunto touching any matter w^{ch} conserns this Com̄onwelth, I will giue y^t as in my conscience may conduce to the best good of the same, w^{th}out respect of p^rson or favor of any man; So helpe me God in the Lo: Jesus Christ. [1640.]

THE OATH OF A FREEMAN

I, A. B. being by the P^ruidence of God an Inhabitant w^{th}in the Jurisdiction of Conectecotte, doe acknowledge myselfe to be subiecte to the Gouerment thereof, and doe sweare by the great and fearefull name of the euerliueing God, to be true and faythfull vnto the same, and doe submitt boath my p^rson and estate thereunto, according to all the holsome lawes and orders that there are, or here after shall be there made, and established by lawfull authority, and that I will nether plott nor practice any euell ag^t the same, nor consent to any that shall so doe, but will tymely discouer the same to lawfull authority there established; and that I will, as I am in duty bownd, mayntayne the honner of the same and of the lawfull Magestratts thereof, p^rmoting the publike good of y^t, whilst I shall soe continue an inhabitant there; and whensoeu^r I shall giue my voate or suffrage touching any matter w^{ch} conserns this Com̄on welth being cauled there unto, will give y^t as in my conscience I shall judge may conduce to the best good of the same, w^{th}out respect of p^rsons or favor of any man. Soe helpe me God in o^r Lord Jesus Christe. Aprill the xth, 1640.

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At a Generall Assembly held at Hartford, Aprill 20th, 1665, there was presented to the Court the Propositions of his Majesty’s Royal Commission which were read and answered as follows;

1. That all householders inhabiting this Colony take the oath of allegiance, and that the administration of justice be in his Majesties name.

To this we returne, that according to his Majesties pleasure exprest in o^r Charter, o^r Gouernour formerly hath nominated and appoynted meet persons to administer the oath of allegiance, whoe haue, according to their order, administred the s^d oath to seuerall persons allready; and the administration of justice amongst us hath been, is and shall be in his Majesties name.

2nd Propos: That all men of competent estates and of ciuill conuersation, though of different judgments, may be admitted to be freemen, and haue liberty to chuse or to be chosen officers, both military and ciuill.

To the 2d, our order for admission of freemen is consonant w^{th} that proposition.

3. Propos: That all persons of ciuill liues may freely injoy the liberty of their consciences, and the worship of God in that way which they thinke best, prouided that this liberty tend not to the disturbance of the publique, nor to the hindrance of the maintenance of Ministers regularly chosen in each respectiue parish or township.

To the 3d Propos: We say, we know not if any one that hath bin troubled by us for attending his conscience, prouided he hath not distu^rbed the publique.

4 Propos: That all lawes and expressions in lawes, derogatory to his Majestie, if any such haue bin made in these late troublesome times, may be repealed, altered and taken off the file.

To the 4th p^rpos: We return, we know not of any lawe or expressions in any law that is derogatory to his Majesty amongst us; but if any such be found, we count it o^r duty to repeal, alter it, and take it off the file, and this we attended upon the receipt of our Charter. [1665].

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At a Gen^{ll} Assembly for election held at Hartford, May 11, ‘65. This Court declare that it is their full sense and determination that such persons as are or hereafter shalbe approued to be freemen of this Corporation shal take y^e Oath that is already established vpon record to be administered to y^e respectiue freemen: And further, that all such as shal refuse to take the said oath, though otherwise approued p^rsons yet shal not p^rtake of the privilidges of those that have bene formally incorporated into this civil society, vntil y^e said Oath be administred vnto them: Provided that this order includes not either freemen formerly admitted and sworne or Assistants and Com̄issioners that haue taken their corporal oaths or Deputies that haue bene accepted into y^e Gen^{ll} Assembly to assist in ye concernments of this corporation. [1665.]

_In New Haven Colony._

“On the 4^{th} day of the 4^{th} month called June 1639, all the free planters of the town to be called a year later Newhaven, assembled together in a general meetinge to consult about settling ciuill Gouernm^t according to God. * * * Mr. John Davenport propounded divers (6) quæries to them publiquely praying them to consider seriously * * * and to giue their answers in such sort as they would be willing they should stand upon recorde for posterity.”

These six fundamental agreements were assented to by the lifting up of hands twice: once at the proposal and again after when the written words were read unto them.

And on the 25th of October next, the following charge was given and accepted by them:

FREEMAN’S CHARGE

Yow shall neither plott, practise, nor consent, to any euill, or hurt, against this Jurisdiction, or any part of it, nor against The Civill Gouerment here established: And if you shall know any person or persons w^{ch} intend, plott, or conspire anything, w^{ch} tends to the hurt, or prjudice, of the same, you shall timely discouer the same to Lawfull Authority here established, and you shall assist, and be helpfull, in all the affaires of the Jurisdiction, and by all meanes shall promoue the publique wellfare of the same, according to yo^r place, abillity, and opportunity; you shall giue due hono^r to the Lawfull Magistrats, and shall be obedient, and subject, to all the wholesome Lawes, and Orders, allready made, or w^{ch} shall be hereafter made, by Lawfull Authority afforesaide, and that both in yo^r person, and estate, and when you shall be duely called, to giue yo^r vote, or suffrage, in any Election, or touching any other matter, w^{ch} concerneth this Common wellth, yow shall giue it, as in yo^r conscience, you shall judg may conduse to the best good of the same. [1639.]

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At A Gen. Court held att Newhaven the 3^d of Aprill 1644.

This day, a forme of an oath for the Governo^r and magistrats to take, and another forme of an oath to be imposed upon all the inhabitants w^thin this jurisdiction was propounded to the consideratiō of the court, who, after some serious debate and consideratiō rested satisfyed w^th the said formes. And therevpon ordered thatt itt should be forthw^th putt in executiō, and whereas the Governo^r doth shortly intend a journey to Stamforde on other occasions, the Court desired him to improve thatt opportunity, both at Stamforde and att Milford, for the giveing of the oath, and the like att Guilforde in time convenient. Itt was further ordered thatt no person or persons shall hereafter be admitted as an inhabitant in this jurisdictiō or any of the plantations therein butt he or they shall take the said oath vpon his or their admittance.

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On the 23 of June, 1644, The formes of two oathes were propounded to the Court to be taken the next second day in the morning, by all the inhabitants in this plantatiō, one of them is to be taken by all, and the other by the Governo^r onely.

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Att a Gen^{rll} Court held att Newhaven the 1^t of July, 1644. The Governo^r tooke this oath as followeth,

I [Theophilus Eaton] being att a Gen^{rll} Co^{rt} in October last, chosen Governo^r w^thin Newhaven Jurisdictiō for a yeare then to ensue, and vntill a new Governo^r be chosen, do sweare by the great and dreadfull name of the ever living God, to promove the publique good and peace of the same, according to the best of my skill, and will allso maintaine all the lawfull priviledges of this comōwealth, according to the fundamentall order and agreem^t made for governm^t in this jurisdictiō, and in like manner will endeuo^r thatt all wholsome lawes thatt are or shall be made by lawfull authority here established be duely executed, and will further the executiō of justice according to the righteous rules of Gods worde, so help me God in o^r Lord Jesus Christ.

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The Governo^r haveing allso received the

OATH OF FIDELITY

as followeth,

I [Theophilus Eaton] being by the providence of God an inhabitant w^thim Newhaven Jurisdictiō, doe acknowledge myselfe to be subject to the goverm^t thereof, and doe sweare by the great and dreadfull name of the ever living God, to be true and faithfull vnto the same, and doe submitt both my person and my whole estate thervnto according to all the wholsome lawes and orders thatt for present are or hereafter shall be there made and established by lawfull authority, and thatt I will neither plott nor practise any evill agst the same, nor consent to any thatt shall so doe, butt will timely discover the same to lawfull authority here established, and thatt I will as I am in duety bounde, maintaine the hono^r of the same and off the lawfull magistrates thereoff, promoting the publique good of the same whilest I shall continue an inhabitant there. And whensoever I shall be duely called a free burgesse, according to the fundamentall order and agreem^t for governm^t in this jurisdictiō to give my vote or suffrage touching any matter w^ch concerneth this comō wealth, I will give itt as in my conscience I shall judge may conduce to the best good of the same w^thout respect of persons, So help me God in our Lord Jesus Christ.

Then he gave itt to all those whose names are herevnder written, [Two hundred and sixteen names.] [1644.]

In May, 1665, the Colonies of Connecticut, and New Haven were united as the Colony of Connecticut in New England.

OATH OF ALLEGIANCE

Administered at New Haven, in May 1666, under powers granted by Governor John Winthrop, according to his Maj^{ties} Charter granted to this Colony of Connecticut in New England.

You J[asper] C[rane], doe sweare faith and Allegeance to his Maj^{tie} Charles y^e Second, as duty binds according to y^e word of God. And yo^u doe hereby acknowledge that the Pope, nor any other potentate hath powe^r or autority or iurisdiction in any of his Maj^{ties} dominions, and y^t only his Ma^{tie} our sover^n Lord King Charles hath under God, supreme power in his Ma^{ties} dominions. And I doe abhor y^e detestable opinion y^t the pope hath pow^r to Depose princes. And this I doe from my hart, soe help me God.

On the 31 October, 1687, Sir Edmund Andros, Knt. took over into his hands the government of the Colony of Connecticut in New England.

_In Rhode Island and Providence Plantations._

The settlement of Rhode Island by Roger Williams, being partly occasioned by his refusal to take either the Oath of Fidelity, or the Stranger’s Oath to the Colony of Massachusetts-Bay will account for the absence of all Oaths of Allegiance in the early history of the Colony which he founded. From the first settlement of the Colony of Rhode Island and Providence Plantations to the present time an Oath could not be required of any one; but in its place is required a property qualification and an Affirmation.

CIVIL COMPACT

We whose names are hereunder, desirous to inhabit in the town of Providence, do promise to subject ourselves in active and passive obedience to all such orders or agreements as shall be made for public good of the body in an orderly way, by the major consent of present inhabitants, masters of families, incorporated together in a Towne fellowship, and others whom they shall admit unto them only in civil things. [Richard Scott, and twelve others.] August the 20th, [1637.]

This limiting of the powers of town meetings to “civil things,” is the first expression in the new world of a severance of the bonds of Church and State, and of that principle of freedom of conscience for which the founder had contended. This first Civil Compact was followed, on the 7th day of the first month, 1638, by the settlers at Aquidneck, with a

SECOND CIVIL COMPACT

We whose names are underwritten do here, solemnly, in the presence of Jehovah incorporate ourselves into a Bodie Politick and as he shall help, will submit our persons, lives and estates unto our Lord Jesus Christ, the King of Kings and Lord of Lords and to all those perfect and most absolute lawes of his given us in his holy word of truth, to be guided and judged thereby. Exod. 24. 3. 4, 2 Cron. 11.3, 2 Kings, 11. 17. [William Coddington, and eighteen others.]

The 7th of the first month, 1638. We that are Freemen Incorporate of this Bodie Politick do Elect and Constitute William Coddington, Esquire, a Judge amongst us, and so covenant to yield all due honour unto him according to the lawes of God, and so far as in us lyes to maintaine the honour and privileges of his place which shall hereafter be ratifyed according unto God, the Lord helping us so to do.

William Aspinwall, Sec’ry.

I, William Coddington, Esquire, being called and chosen by the Freemen Incorporate of this Bodie Politick, to be a Judge amongst them, do covenant to do justice and Judgment impartially according to the lawes of God, and to maintaine the Fundamentall Rights and Privileges of this Bodie Politick, which shall hereafter be ratifyed according unto God, the Lord helping us so to do.

On the 3d Month, 13 day, 1638. It is ordered that none shall be received as inhabitants or Freemen to build or plant upon the Island but such as shall be received in by the consent of the Bodye, and do submitt to the government that is or shall be established, according to the word of God. [1638.]

From this arrangement, the first recorded Act regarding freemen in the Colony, a minority seceded, taking the Records with them, and drew up the following instrument:

It is agreed

By vs whose hands are underwritten, to propagate a Plantation in the midst of the Island or elsewhere; And doe engage ourselves to bear equall charges, answerable to our strength and estates in common; and that our determinations shall be by major voice of judge and elders; the Judge to have a double voice. [William Coddington, and eight others.] On the 28th of the 2d Month, 1639.

Agreeing and ordering that the Plantation now begun shall be called Newport.

The remaining members of the Aquidneck settlement then organized a new government.

Aprill the 30th, 1639.

We whose names are underwritten doe acknowledge ourselves the legall subjects of his Majestie King Charles, and in his name doe hereby binde ourselves into a civill body Politicke, assenting unto his lawes according to right and matters of justice. [William Hutchinson, and thirty associates.]

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By the Body Politicke on the Ile of Agethnec, inhabiting this present, 25 of 9 = month, 1639.

In the fourteenth yeare of y^e Raign of our Sovereign Lord King Charles. It is agreed, That as natural subjects to our Prince, and subject to his Lawes, all matters that concerne the Peace shall be by those that are officers of the Peace transacted; And all actions of the Case or Dept, shall be in such Courts as by order are here appointed, and by such Judges as are Deputed: Heard and Legally Determined.

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At the Generall Court of Election began and held at Portsmouth, from the 16th of March to the 19th of the same mo., 1641.

1. It was ordered and agreed before the Election, that an Ingagement by oath should be taken of all the officers of this Body now to be elected, as likewise for the time to come; the ingagement which the severall officers of the State shall give is this; To the execution of this office I judge myself bound before God to walk faithfully, and this I profess in y^e presence of God.

3. It is ordered and unanimously agreed upon that the Government which this Bodie Politick doth attend vnto in this Island, and the Jurisdiction thereof, in favour of our Prince is a Democracie, or popular Government; that is to say, It is in the Powre of the Body of Freemen orderly assembled, or the major part of them, to make or constitute Just Lawes, by which they will be regulated, and to depute from among themselves such Ministers as shall see them faithfully executed between Man and Man.

16. It is ordered that Ingagement shall be taken by the Justices of the Peace in their Quarter Sessions of all men or youth above fifteen years of age, eyther by the oath of Fidelity, or some other strong cognizance.

28. It is ordered and received, that the Ingagement that already was given by the Freemen was and is of the same force as that oath is which is authorized to be administered to the Inhabitants, which oath Nicholas Easton, Rob’t Jeoffreys, and Wm. Dyre did take in presence of the Courte.

29. It is ordered, that if any person or persons on the Island, whether Freeman or Inhabitant, shall by any meanes open or covert, endeavour to bring in any other Powre than what is now established (except it be from our Prince by lawfull commission), shall be accounted a delinquent under the head of Perjurie.

30. It is ordered, that the Law of the last Court made concerning Libertie of Conscience in point of Doctrine is perpetuated.

THE ENGAGEMENT OF THE OFFICERS

You, A. B. being called and chosen vnto public employment, and the office of ——, by the free vote and consent y^e Inhabitants of the Province of Providence Plantations (now orderly met), do, in the present Assemblie, engage yourself faithfully and truly to the utmost of your power to execute the commission committed vnto you; and do hereby promise to do neither more nor less in that respect than that which the Colonie have or shall authorize you to do according to the best of your understanding.

THE RECIPROCAL ENGAGEMENT OF THE STATE TO Y^E OFFICERS

We, the Inhabitants of the Province of Providence Plantations being here orderly met, and having by free vote chosen you ——, to public office and officers for the due administration of Justice and the execution thereof throughout the whole Colonie, do hereby engage ourselves to the utmost of our power to support and vphold you in your faithfull performance thereof. [1641.]

This Engagement was also agreed to by the Court of Commissioners and Election. September y^e 13th, 1654.

It is ordered by the present Assemblie, that this is y^e engagement of y^e Generall officers any former forme to the contrarie notwithstandinge.

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At the General Court of the 21st of May, 1661, the words: “in his Majesties name” was added after (“now orderly met”).

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And Att a Generall Assembly of the Collony of Rhode Iland and Providence Plantations the 4th of May, 1664:

This Assembly alsoe declareth against any parson acting in any publike office, except hee first take the engagement according to the forme hear subjoyned.

You, A. B., &c., sollemly engage to be true and faythfull vnto our Soveraigne Lord the King, Charles the Second, of England, Scotland, France and Ireland, and dominiones and terrytoryes therevnto belonging; and to his sayd Majesty, his heirs and successors, true allegeance to beare and exicute your commission, charge and office, according to the best of your skill and knowledge without partiallyty or affection to any; and that according to the lawes already established, or to be established in this Colony. This ingagement you make and ingage to obsearve, vnder the penalty of perjury....

At the taking of the ingagement by any, ther must bee a re-engagement given in the Colloneys name, to stand by and assist such parsones in the exicution of ther offices and performance of ther dutyes.

It is alsoe the pleasuer and appoynment of this Generall Assembly, that none presume to vote in the matters afforesayd, but such whome this Generall Assembly expresly by ther writting shal admit as freemen.

The 19^{th} of the ii^{th} Month, 1645. Wee whose names are heere after Subscribed, having obteyned a free Grante of Twenty five Akers of Land a peece with right of Commoning, according to the said proportion of Land; from the free Jnhabitants of this Towne of providence; doe thankfully acsept of the same; And heereby doe promise to yield Actiue; or passiue Obeydience to the authority of established in this Collonye; according to our Charter; and to all Such wholesome Lawes & Orders, that are or shall be made, by the major consent of this Towne of Providence; As alsoe not to clayme any Righte, to the Purchasse of the Said plantation; Nor any privilidge of Vote in Towne Affaires; untill we shall be received as free = Men of the said Towne of Providence. [1645.]

THE PREAMBLE TO THE LAW AGAINST PERJURY