Part 6

Forasmuch as the consciences of sundry men, truly conscionable, may scruple the giving or the taking of an oath, and it would be nowise suitable to the nature and constitution of our place, who profess ourselves to be men of different consciences and not one willing to force another to debar such as cannot do so, either from bearing office among us or from giving in testimony in a case depending; be it enacted by the authority of this present Assembly, that a solemn profession or testimony in a court of record, or before a judge of record, shall be accounted, throughout the whole colony, of as full force as an oath. [1647.]

This is the more remarkable because at this time the Friends did not yet as a distinct Society, hold to the unlawfulness of oaths. And it is in complete concordance with the teachings of Roger Williams.

Acts and Orders of the Generall Assembly, sitting at Newport, May the 3, 1665.

Ordered, that this following shall be the forme for engaging all officers in this Collony, called to place of publicke concernment, &c., for the administration of justice, (viz):

Whereas, you are, A. B., by the free vote of the freemen of this Collony of Rhode Island and Providence Plantations, &c., called and chosen vnto the place and office of ——, in the said Collony, &c., doe sollemly engage true eleageance vnto his Majestye, his heires and successors, to beare, and in your said office equall justice and right to doe vnto all persones within this jurisdiction to the vtmost or best of your skill and ability without partiality, according to the laws established, or that shall be established in this said jurisdiction; [according to the Charter as well in matters military as civill.] And this engagement you make and give vpon the perill of the penalty of perjury.

The reciprocall engagement is as follows, ordered to be given by he that takes or administers the abovesaid engagement.

I doe, in the name and behalfe of this Collony, &c., re-ingage to stand by you and to support you by all due assistance and incouradgment in your performance and execution of your aforesaid office according to your engagement.

Ordered, that the forme of engagement aforesaid shall be used vntill further order; any former order or forme vsed or prescribed to the contrary, or differing herefrom notwithstanding. [1665.] These forms were re-enacted in 1677.

The Commission appointed by the King to assert the rights of the Crown to the seven New England Colonies, as the first of the propositions of his Majesty’s will and pleasure in Rhode Island, proposed:

That all householders inhabiting this Collony take the oath of alleagence and the administration of justice be in his Majestyes name.

Wherevpon, and in a deepsence of his Majestyes most Royall and wonderful grace and favour more pertickerlerly ... in his letters pattents ... in which is expresed his ... indulgence extended to tender consiences, differing in matters of religious worshipe and conceanments; and more especially in matters of formes of oathes and cerimonyes or circumstances relating therevnto, ... considering therein the liberty of concience therein granted.

The Assembly doe with one consent ... in all cheerfull obediance ... and therein minding the preveledge granted to tender conciences, doe in the first place order and declare: that whereas in this Collony it hath ben alwayes accounted and granted a liberty to such as make a scruple of swearing and taken an oath, that in stead thereof they shall engage, under the penalty of false swearing, though they sweare not in publicke engagement, as well as if they did sweare, that therefore this most loyall and resonable engagement be given by all men capable within this jurisdiction for their allegiance to the King, &c.

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The forme of which engagement shall be as followeth:

You, A. B., sollemly and sincearly engage true and faithfull aleagiance vnto his Majestye Charles the Second, King of England, his heires and successors, to beare and due obediance vnto the lawes established, from time to time in this jurisdiction, to yeald vnto the vtmost of your power, according to the previlidge by his said Majesty granted, in religioues and civill concearnments to this Collony in the Charter; which said engagement you make vnder the perill and penalty of perjury. [1665.]

They further ordered that “this engagement shall be administered to all that are already admitted freemen, and that no man shall be admitted a freeman, and all men that are householders or aged eighteen or more, shall take the engagement or loose the priviledge of freemen until they give the engagement premised.” The passage of this law led to a long agitation by those who thought it to be hard on the consciences by many whom it rendered incapable from carrying on the affairs of the corporation. And, in the following year, the Assembly ordered and declared, “That such as are free in their conscience so to do, give the Engagement, or if they rather choose to give the oath of allegiance now required in England, that shall be taken; but if there are some words in either which, in conscience they cannot condescend to say or use, may in open court, or before two Magistrates adopt in equivalent words significant of allegiance and submission to yield obedience actively and passively, to the laws made by virtue of his Majesty’s authority, he shall be restored or admitted as freeman, any former law to the contrary notwithstanding.”

At a Court held in his Majesty’s name, and under his authority, at the towne of Westerly, in the King’s Province, the 17th of September, 1679.

The inhabitants of Westerly, being by warrant required to appeare at this Court to give the oath of allegiance to his Majesty, and of fidellity to his Majesty’s authority for this Collony, these persons hereunder named appeared and gave oath, viz. [Thirty-three names.]

The oath given by the above written persons was in these followinge words:

I doe truly and sincerely acknowledge, profess, testify and declare in my conscience before God and the world, that our Soverreign Lord, King Charles, is lawfull and rightfull King of the Realm of England, and of all other his dominions and countries; and that the Pope, neither of himselfe, nor by any authority of the Church, or See of Rome, or by any other meanes with any other, hath any power or authority to depose the King, or to dispose of his Majesty’s kingdoms or dominions, or to authorize any forreigne prince to invade, or annoy him, or his country, or to discharge any of his subjects from their allegiance and obedience to his Majesty; or to give license or leave to any of them to beare armes, raise tumults, or offer any violence or hurt to his Majesty’s Royall person, State or Government, or to any of his Majesty’s subjects within his Majesty’s dominions. Alsoe I doe sweare from my heart, that notwithstanding any declaration or sentence of ex-communication, or deprivation, made or granted, or to be made or granted by the Pope or his successors, or by any authority derived or pretended to be derived from him or his See against the said King, his heires or successors, or any absolution of the said subjects from their obedience, I will beare faith and true allegiance to his Majesty, his heires and successors, and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their persons, their Crowne and dignity, by reason or clause of any such sentence or declaration or otherwise, and will doe my best endeavour to disclose, and make knowne unto his Majesty, his heires and successors, all treasons and traiterous conspiracies, which I shall know or hear of, to be against him or any of them. And I doe further sweare that I doe from my heart, abhor, detest and abjure as impious and herritical, this damnable doctrine and position, that princes which be excommunicated or deprived by the Pope, may be deposed or murthered by their subjects, or any other whatsoever. And I doe believe and in my conscience am resolved, that neither the Pope nor any person whatsoever, hath power to absolve me of this oath, or any part thereof, which I acknowledge by good and full authority to bee ministered unto me; and doe renounce all pardons and dispensations to the contrary. And all these things I doe plainly and sincerely acknowledge and sweare according to these express words by me spoken, according to the plaine and common sense and understandinge of the same words, without any equivocation or mentall evasion or secrett reservation whatsoever. And further, I doe here solemnly engage all true and loyall obedience unto his Majesty’s authority placed and established in this his Collony of Rhode Island and Providence Plantations, and King’s Province. And I doe make this recognition heartily, willingly, and truly, upon the true faith of a Christian. So help me God. [1679.]

No further oaths, or engagements, appear until the Administration of Sir Edmund Andros, in 1686, reduced the Colony to the nature of a County under his government.

_In New Hampshire Colony._

As there was no constituted authorities over the patent of New Hampshire, the Exeter settlers, under the leadership of John Wheelwright, who had purchased a tract thirty miles square from certain Indian Sachems in April, 1638, were driven to the expedient of agreeing upon a voluntary association for governmental purposes. The executive and judicial functions were vested in a board of three magistrates or elders, of whom the chief was styled Ruler. They were chosen by the whole body of freemen, who were the electors and legislators, their enactments, however, requiring the approval of the Ruler. An inhabitant had to be admitted a freeman, before he could enjoy the privileges of an elector. Under this association, an agreement was drawn up by the Reverend John Wheelwright, their leader, as follows:

THE COMBINATION FOR GOVERNMENT AT EXETER, WITH THE FORMS OF OATHS FOR RULERS AND PEOPLE

Whereas it hath pleased the lord to moue the heart of our Dread Soveraigne Charles by the grace of God, King of England, Scotland, France & Ireland, to grant license & liberty to sundry of his subjects to plant themselves in the Westerne partes of America: Wee, his loyall subjects, brethren of the church of Exeter, situate & lying upon the river of Piscataquacke, wh other inhabitants there, considering w^{th} ourselves the holy will of god and our owne necessity, that we should not live w^{th}out wholsome lawes & government amongst us, of w^{ch} we are altogether destitute; doe in the name of Christ & in the sight of god combine ourselves together, to erect & set up amongst us such government as shall be to our best discerning, agreeable to the will of god, professing ourselves subjects to our Soveraigne Lord King Charles, according to the libertys of our English Colony of the Massachusets & binding ourselves solemnely by the grace & helpe of Christ & in his name & feare to submit our selves to such godly & Christian laws as are established in the realme of England to our best knowledge, & to all other such lawes wch shall upon good grounds be made & inacted amongst us according to god y^t we may live quietly & peaceably together in all godliness and honesty. Mon. 5th d., 4th, 1639. [John Whelewright, and thirty-four others.]

This was soon found to be unsatisfactory to some other settlers, who thought its expressions too lavish of loyalty to the King, and, in consequence, of prelacy; and while they were willing to acknowledge in a general way his sovereignty, and that they were his subjects, they had no disposition to make any unnecessary professions of allegiance. Another compact was then drawn of the same purport, simply acknowledging the King to be their Sovereign, and themselves his subjects. This was executed in due form and went into effect as the basis of government. But it did not bear the test of trial. Curiously, because it did not contain loyalty enough. And the original Combination was re-executed with the following explanatory preamble:

Whereas a certen combination was made by us, the brethren of the Church of Exeter, with the rest of the Inhabitants, bearing date Mon. 5th. d. 4, 1639, wh afterwards, upon the instant request of some of the brethren, was altered, & put into such a forme of wordes, wherein howsoever we doe acknowledge the King’s Majesty our dread Sovereigne & ourselves his subjects: yet some expressions are contained therein wh may seeme to admit of such a sence as somewhat derogates from that due Allegiance wh we owe to his Highnesse, quite contrary to our true intents and meanings: We therefore doe revoke, disannull, make voyd and frustrate the said latter combination, as if it never had beene done, and doe ratify, confirme and establish the former, wh wee onely stand as being in force & virtue, the wh for substance is here set downe in manner and form following. Mon., 2d d., 2, 1640.

Both the Elders and the People were required to take certain prescribed oaths, as follows:

THE ELDERS OR RULERS OATH

You shall sweare by the great and dreadfull Name of the high God maker & Gov^r of heaven and earth, and by the Lord Jesus Christ y^e Prince of the Kings and Rulers of the earth that in his name and feare you will Rule and Governe this people according to the righteous will of God’s Ministeringe Justice and Judgm^t upon the workers of iniquity and Ministering due incurreagm^t and Countenance to well doers protecting of people so farre as in you by the helpe of God lyeth from forren Annoyance and inward disturbance that they may live a quiett and peacable life in all godlyness and honesty. Soe God bee helpful and gratious to you and yo^{rs} in Christ Jesus.

THE OATH OF THE PEOPLE

Wee doe here sweare by the Great and dreadful name of y^e high God, maker and Gouern^r of Heaven & earth and by the Lord Jesus X y^e King & Savio^r of his people that in his name & fear we will submitt o^r selves to be ruld & gouerned by, according to y^e will & Word of God and such holsome Laws & ordinances as shall be derived theire from by O^r honr^d Rulers and y^e Lawfull assistance with the consent of y^e people and y^t wee will be ready to assist them by the helpe of God in the administration of Justice and p^rservacon of peace with o^r bodys and goods and best endeavo^{rs} according to God, so God protect & saue us and O^{rs} in Christ Jesus. [1640.]

THE COMBINATION OF THE PEOPLE OF DOVER TO ESTABLISH A FORM OF GOVERNMENT

Whereas sundry Mischiefes and inconveniences have befaln us, and more and greater may in regard of want of Civill Government, his Gratious Matie haveing hitherto settled no Order for us to our knowledge:

Wee whose names are underwritten being inhabitants upon the River Piscataquack have voluntarily agreed to combine our selves into a Body Politique that wee may the more comfortably enjoy the benefit of his Maties Lawes. And do hereby actually ingage our Selves to Submit to his Royal Maties Lawes together with all such Orders as shalbee concluded by a Major part of the Freemen of our Society, in case they bee not repugnant to the Lawes of England and administered in the behalfe of his Majesty.

And this wee have mutually promised and concluded to do and so to continue till his Excellent Matie shall give other Order concerning us.

In Witness wee have hereto Set our hands the two & twentieth day of October in the sixteenth yeare of the Reign of our Sovereign Lord Charles by the grace of God King of Great Brittain, France & Ireland Defender of the Faith &c. Annoq Domi, 1640. [John Follett, and forty-one others.]

Under these forms the administration of the affairs of Exeter, and Dover, went on satisfactorily until, together with Hampton and Portsmouth, they came under the sway of Massachusetts-Bay in 1643; a part of the price the latter were ready to pay for the extension of their jurisdiction was that the citizens of the New Hampshire towns were to be allowed the elective franchise without reference to their being church members. This arrangement continued under the Laws of Massachusetts-Bay, as a part of Norfolk County, until New Hampshire became, in 1680, a Royal Province.

In the Generall Lawes and Liberties of the Province of New Hampshire, made by the Generall Assembly in Portsm^o the 16th of March, 1679/80 and Aproved by the Presid^t and Councill. The following is given as the status of

FREEMEN

8. It is ordered by this Assembly and the authority thereof y^t all Englishmen being Protestants, y^t are settled Inhabitants and freeholders in any towne of this Province, of y^e age of 24 years, not viceous in life but of honest and good conversation, and such as have 201 Rateable estate w^{th}out heads of persons having also taken the oath of allegiance to his Maj^s, and no others shall be admitted to y^e liberty of being freemen of this Province, and to give theire votes for the choice of Deputies for the Generall Assembly, Constables, Selectmen, Jurors and other officers and concernes in y^e townes where they dwell; provided this order give no liberty to any pson or psons to vote in the dispossion or distribution of any lands, timber or other properties in y^e Towne, but such as have reall right thereto; and if any difference arise about s^d right of voting, it shall be judged and determined by y^e Presid^t and Councill w^{th} the Gen^{ll} Assembly of this Province.

This Body of Laws when sent to England for Royal approval was disallowed.

_In Province or County of Maine._

The Colonization of what is called in the Charter granted by Charles the First to Sir Ferdinando Gorges in 1639, “The Province or Countie of Mayne,” presented many difficulties. The extraordinary governmental powers given to the Lord-Proprietary, which were transmissible with the property to his heirs and assigns, made of it a vast landed estate in which there could not be much voluntary co-operation. To assist in its government a board of Councilors was appointed who before taking office were required to “take the Oath of Allegiance according to the forme now used in this his highness’ realme of England, and shall alsoe take the Oath hereunto subscribed.”

OATH OF COUNCILORS OF PROVINCE OF MAYNE

I do swear and protest before God Allmighty and by the holy contents of this Book to be a faithfull Servant and Councellor unto Sir Ferdinando Gorges Knight my Lord of the Province of Mayne, and to his heirs and assigns, to do and perform to the utmost of my power all dutiful respects to him or them belonging, concealing their Councells, and without respect of persons to do, perform and give my opinion in all causes according to my conscience, and best understanding both as I am a Councellor for hearing of causes, and otherwise freely to give him or them my opinion as I am a Councellor for matters of State or Common-wealths and that I will not conceal from him or them and their Councell any matter of conspiracy or mutinous practice against my said Lord and his heirs but will instantly after my knowledge thereof discover the same, and prosecute the authors thereof with all diligence and severity according to Justice, and thereupon do humbly kiss the Book. Taken September 2, 1639.

On the death of Sir Ferdinando in 1647, his estate in Maine passed to his son, John Gorges, who totally neglected his inheritance not even replying to repeated letters from the Gorges Colonists.

A Patent for lands on the Kennebeck River had been given to the New Plymouth Colony in 1629. In 1649, they let the trade upon it for a period of three years to Governor William Bradford, and four associates. In 1652, the trade was sold to the same men for three years longer. In that year, from actual survey, the east line of the Massachusetts-Bay Colony was found to encroach upon the liberties of the trade sold by and to the New Plymouth officers; and, in 1653, Thomas Prence was authorized to summon all and every inhabitant of the Kennebeck country to assemble and receive from him the instructions of the Plymouth General Court: “1. That the people should take the Oath of fidelity to the State of England, and to the government of New Plymouth. 2. That they were to be made acquainted with the Colony laws, applicable to them, and establish suitable rules and regulations to guide and govern them in their civil affairs. 3. None were to be inhabitants there but such as should take the Oath of Allegiance. 4. None could vote for an Assistant but such as should take the Oath.”

The Oath required was in these words:

You shall be true and faithfull to the State of England, as it is now established, and whereas you chuse 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, or may tend to the destruction or overthrow of the whole or part of this government, that shall be ordered, erected or established; but shall contrarywise, hinder, oppose, or discover such intents and purposes, as tend thereunto, to those that are in place for the time being; that the government may be informed thereof with all convenient speed; You shall also submitt, and observe all such good and wholesome laws, ordinances, and officers as are, or shall be established within the several limits thereof, So help you God, who is the God of Truth and the punisher of falsehood. [1653.]

This action constituted them freemen of Massachusetts, on taking the Oath, without the prerequisite of church membership. It was followed by a growing discontent against the chief officers in New Plymouth being lessees of the trade. The large returns which had been confidently expected were not being realized, and a jealousy of the people against those in power, finally led to the sale of the Patent, embracing seven hundred square miles, to a committee representing the Massachusetts-Bay Colony, for four hundred pounds. In 1677, after much controversy and trouble with the heirs, Ferdinando Gorges, a grandson of the Lord-Proprietary, sold his rights to the Massachusetts-Bay Colony for one thousand two hundred and fifty pounds sterling, and the Territory of Maine became a District of Massachusetts down to the year 1820.

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The power of an Oath is a subject for the Casuist. But, in the brief period of this paper—less than the span of life the Psalmist gives to man—we have seen an Oath throne and dethrone monarchs; build up and destroy flourishing Commonwealths; make and unmake Statehoods; be a guarantee of peace, and an incentive for war. Who, under these conflicting conditions, can measure their influence but Him in whose name and power they are made!

Transcriber’s note:

1. Spelling in oaths or quoted sections is uncorrected.

2. Silently corrected typographical errors.

3. Table of contents added by transcriber.