Chapter XV: Act VII: Be it enacted by this present Grand Assembly ... That the (7)

... There is talk of an universall Toleration. I would talke as loud as I could against it, did I know what more apt and reasonable Sacrifice _England_ could offer to God for his late performing all his heavenly Truths then an universall Toleration _of all hellish Errors_, or how they shall make an universall Reformation, but by making _Christs Academy_ the _Divills University_, where any man may commence [graduate] Heretique _per saltum_; where he that is _filius Diabolicus_, or _simpliciter pessimus_, may have his grace to goe to Hell _cum Publico Privilegio_; and carry as many after him, as he can....

It is said, Though a man have light enough himselfe to see the Truth, yet if he hath not enough to enlighten others, he is bound to tolerate them, I will engage my self, that all the Devills in _Britanie_ shall sell themselves to their shirts, to purchase a Lease of this Position for three of their Lives, under the Seale of the Parliament.

It is said, That Men ought to have Liberty of their Conscience, and that it is persecution to debarre them of it: I can rather stand amazed then reply to this: it is an astonishment to think that the braines of men should be parboyl'd in such impious ignorance; Let all the wits under the Heavens lay their heads together and finde an Assertion worse then this (one excepted) I will petition to be chosen the universall Ideot of the world....

The true English of all this their false Latine is nothing but _a generall Toleration of all Opinions_....

_b. From the Wonder-working Providence, of Sions Saviour in New England (Book III, Chapter V)_

This quaint history was printed in London in 1654, anonymously. The
original manuscript has never been discovered. Tradition ascribes
the authorship to Captain Edward Johnson, one of the companions of
Winthrop in the migration of 1630.

... and in the year 1648 they [the laws] were printed, and now are to be seen of all men, to the end that none may plead ignorance, and that all who intend to transport themselves hither, may know this is no place of licentious liberty, nor will this people suffer any to trample down this Vineyard of the Lord, but with diligent execution will cut off from the city of the Lord the wicked doers, and if any man can shew wherein any of them derogate from the Word of God, very willingly will they accept thereof, and amend their imperfections (the Lord assisting) but let not any ill-affected persons find fault with them, because they suit not with their own humour, or because they meddle with matters of Religion, for it is no wrong to any man, that a people who have spent their estates, many of them, and ventured their lives for to keep faith and a pure conscience, to use all means that the Word of God allows for maintenance and continuance of the same, especially [when] they have taken up a desolate Wilderness to be their habitation, and not deluded any by keeping their profession in huggermug, but print and proclaim to all the way and course they intend, God willing, to walk in; [and] if any will yet notwithstanding seek to justle them out of their own right, let them not wonder if they meet with all the opposition a people put to their greatest straits can make; ... but ... it seems unreasonable, and savours too much of hypocricie, that any people should pray unto the Lord for the speedy accomplishment of his Word in the overthrow of Antichrist, and in the mean time become a Patron to sinful opinions and damnable errors that oppose the truths of Christ....

_c. Discussion between Saltonstall and Cotton (about 1650)_

Hutchinson's _Collection of Original Papers_ (1769), 401-406.

Saltonstall was the chief founder of Watertown, and one of the
signers of the Cambridge Agreement (No. 58 _b_). Like his town,
he was inclined to democracy in politics and to "Separation" in
religion. This letter to the Boston pastors was written from
England (to which he had returned in 1631) about 1650. Both letters
are without dates.

(1) _Sir Richard Saltonstall to Mr. Cotton and Mr. Wilson_

Reverend and deare friends, whom I unfaynedly love and respect:

It doth not a little grieve my spirit to heare what sadd things are reported dayly of your tyranny and presecutions in New-England,--=_as that you fyne, whip, and imprison men for their consciences_=. First, you compell such to come into your assemblyes as you know will not joyne with you in your worship, and when they shew their dislike thereof or witnes against it, then you styrre up your magistrates to punish them for such (as you conceyve) their publicke affronts. Truely, friends, this your practice of compelling any in matters of worship to doe that whereof they are not fully persuaded, is to make them sin; for soe the apostle (Rom. 14 and 23.) tells us; and many are made hypocrites thereby, conforming in their outward man for feare of punishment. We pray for you and wish you prosperitie every way, [and] hoped the Lord would have given you so much light and love there that you might have been eyes to God's people here, and not to practice those courses in a wildernes which you went so farre to prevent. These rigid wayes have layed you very lowe in the hearts of the saynts. I doe assure you I have heard them pray in the publique assemblies that the Lord would give you meeke and humble spirits, not to stryve soe much for uniformity as [instead] to keepe the unity of the spirit in the bond of peace.

When I was in Holland about the beginning of our warres, I remember some christians there, that then had serious thoughts of planting in New-England, desired me to write to the governor thereof to know if those that differ from you in opinion, yet houlding the same foundation in religion (as Anabaptists, Seekers, Antinomians, and the like), might be permitted to live among you; to which I received this short answer from your then governour Mr. Dudley; =_God forbid_= (said he) =_our love for the truth should be growne soe could that we should tolerate errours_=: and when (for satisfaction of myself and others) I desired to know your grounds, he referred me to the books written here between the Presbyterians and Independents;--which if that had been sufficient, I needed not have sent soe farre to understand the reasons of your practice. I hope you do not assume to yourselves infallibilitie of judgment, when the most learned of the Apostles confesseth he knew but in parte and sawe but darkely as through a glass; for God is light, and no further than he doth illuminate us can we see, be our partes and learning never soe great. Oh that all those who are brethren, though yet they cannot thinke and speake the same things might be of one accord in the Lord. Now the God of patience and consolation grant you to be thus mynded towards one another, after the example of Jesus Christ our blessed Savyor, in whose everlasting armes of protection hee leaves you who will never leave to be

Your truly and much affectionate
friend in the nearest union,

RIC. SALTONSTALL.

For my reverend and worthyly much esteemed friends Mr. Cotton
and Mr. Wilson, preachers to the church which is at Boston in
New-England, give this.

(2) Mr. _Cotton's Answer to Sir Richard Saltonstall_

... You thinke to compell all men in matter of worship is to make men sinne (according to Rom. 14. 23.). If the worship be lawfull in itselfe, the magistrate compelling him to come to it compelleth him not to sinne, _but the sinne is in his will that needs to be compelled to a christian duty_. Josiah compelled all Israel, or (which is all one) made to serve the Lord their God, 2 Chron. 34. 33. yet his act herein was not blamed but recorded amongst his virtuous actions. For a governour to suffer any within his gates to prophane the sabbath, is a sinne against the 4th commandment, both in the private householder and in the magistrate; and if he requires them to present themselves before the Lord, the magistrate sinneth not, nor doth the subject sinne so great a sinne as if he did refraine to come....

But (say you) it doth but make men hypocrites to compell men to conforme the outward man for feare of punishment. If it did so, yet better to be hypocrites than prophane persons. Hypocrites give God part of his due, the outward man, but the prophane person giveth God neither outward nor inward man....

What you wrote out of Holland to our then governor Mr. Dudley, in behalfe of Anabaptists, Antinomians, Seekers, and the like, it seemeth, mett with a short answer from him, but zealous; for zeal will not beare such mixtures as coldnesse or lukewarmenesse will, Revel. 2. 2. 14. 15. 20.

85. Criticism by a Moderate Episcopalian and Monarchist

Lechford's "Plaine Dealing" (1641), reprinted in _Massachusetts
Historical Society Collections_, Third Series, III, 55 ff.

Thomas Lechford was in New England from 1637 to 1641. His point of
view is not seriously unfriendly.

... And I doe not this, God knoweth, as delighting to lay open the infirmities of these well-affected men, many of them my friends,--but that it is necessary, at this time, for the whole Church of God, and themselves, as I take it. Besides, many of the things are not infirmities, but such as I am bound to protest against; yet I acknowledge there are some wise men among them who would help to mend things, if they were able. ... And I think that wiser men then they, going into a wildernesse to set up another strange government differing from the settled government here, might have falne into greater errors then they have done.

* * * * *

[After describing the method of organizing a church.] And the generall Court will not allow of any Church otherwise gathered.

Some Ministers have there heretofore, as I have heard, disclaimed the power of their Ministry, received in England, but others among them have not. Generally, for the most part, they hold the Pastors and Teachers offices to be distinct; the Teacher to minister a word of knowledg, the Pastor a word of wisdome, but some hold them all one; as in the Church of Watertowne, there are two Pastors, neither will that Church send any messengers to any other Church-gathering or ordination.[82]

... Now _the most of the persons_ at New-England are not admitted of their Church, and therefore are not Freemen, and when they come to be tryed there, be it for life or limb, name or estate, or whatsoever, they must bee tryed and judged too by those of the Church, who are in a sort their adversaries: how equall that hath been or may be, some by experience doe know, others may judge.

Profane swearing, drunkennesse, and beggers, are but rare in the compasse of this Patent, through the circumspection of the Magistrates, and the providence of God hitherto, the poore there living by their labours and great wages, proportionably, better then the rich by their stocks, which without exceeding great care, quickly waste....

But the people begin to complain [that] they are ruled like _slaves_, and in short time shall have their children for the most part remain unbaptized: and so have little more privilege than Heathens, unlesse the discipline be amended....

_When I was to come away, one of the chiefest in the Country wished me to deliver him a note of what things I misliked in the Country, which I did, thus:_

I doubt,

1. Whether so much time should be spent in the publique Ordinances, on the Sabbath day, because that thereby some necessary duties of the Sabbath must be needs be hindered, as visitation of the sick, and poore, and family.

2. Whether matters of offence should be publiquely handled, either before the whole Church, or strangers.

3. Whether so much time should be spent in particular catechizing those that are admitted to the communion of the Church, either men or women; or that they should make long speeches; or when they come publiquely to be admitted, any should speak contradictorily, or in recommendation of any, unlesse before the Elders, upon just occasion.

4. Whether the censures of the Church should be ordered, in publique, before all the Church, or strangers, other then the denunciation of the censures, and pronunciation of the solutions.

5. Whether any of our Nation, that is not extremely ignorant or scandalous, should bee kept from the Communion, or his children from Baptisme....

10. That the civill government is not so equally administered, nor can be, divers orders or bylaws considered.

11. That unlesse these things be wisely and in time prevented, many of your usefullest men will remove and scatter from you.

_Certain Quaeres about Church government, planting Churches, and some other Experiments._

* * * * *

32. Whether or no to maintain a desired purity or perfection in the Magistracie, by election of the people, these good men of New-England, are not forced to be too strict in receiving the brethren, and to run a course tending to heathenisme?

33. Whether have not _popular elections_ of chiefe Magistrates beene, and are they not, very dangerous to States and Kingdomes? Are there not some great mysteries of State and government? Is it possible, convenient, or necessary, for all men to attain to the knowledge of those mysteries, or to have the like measure of knowledge, faith, mercifulnesse, wisdome, courage, magnanimity, patience? Whence are Kings denominated, but from their skill and knowledge to rule? whereto they are even born and educated, and by long experience, and faithfull Counsellors enabled, and the grace and blessing of God upon all? Doe not the wise, good, ancient, and renowned Laws of England attribute much, yea, very much trust and confidence to the King, as to the head and supreame Governour, though much be also in the rest of the great body, heart and hands, and feete, to counsell, maintain, and preserve the whole, but especially the Head?

34. Hence what government for an Englishman but an hereditary, successive, King, the son of Nobles, well counselled and assisted?

* * * * *

I thank God, now I understand by experience, that there is no such government for Englishmen, or any Nation, as a Monarchy; nor for Christians, as by a lawfull Ministrie, under godly Diocesan Bishops....

86. A Presbyterian Demand for the Franchise, 1646

Hutchinson's _Collection of Original Papers_ (1769), 188-194. Less
than half the document is given here.

To the worshipful the Governor, the Deputy Governor, and the rest of the Assistants of the Massachusets Bay in New England, together with the Deputyes of the Generall Court now assembled at Boston.

The Remonstrance and humble Petition of us whose names are underwritten, in behalfe of ourselves and divers others within this jurisdiction, humbly sheweth.

THAT we cannot but with all thankfulness acknowledge your indefategable paines, continuall care, and constant vigilancy, which, by the blessing of the Almighty, hath procured unto this wilderness the much desired fruits of peace and plenty ... And further, that you whom the Lord hath placed at the helm ... are best able to foresee the clouds which hang over our heads ... _Notwithstanding, those who are under decks ... may perceive those leaks which will inevitably sink this weake and ill compacted vessell_, if not by your wisdoms prevented ... Not to trouble you ... with many words, we shall briefly referre them to their heads....

1. Whereas this place hath been planted by the incouragement, next under God, of letters patents given and granted by his Majesty of England to the inhabitants thereof, with many privileges and immunities, viz., ... Notwithstanding, we cannot, according to our judgments, discerne a setled forme of government according to the lawes of England, which may seeme strange to our countrymen, yea to the whole world, especially considering we are English. Neither do we understand and perceyve our owne lawes or libertyes, or any body of lawes here so established, as that thereby there may be a sure and comfortable enjoyment of our lives, libertyes, and estates, according to our due and naturall rights, as free borne subjects of the English nation. By which, many inconveniences flow into plantations, Viz. jealousies of introducing arbitrary government, which manny are prone to beleeve, construing the procrastination of such setled lawes to proceed from an overgreedy spirit of arbitrary power (which it may be is their weaknes) such proceedings being detestable to our English nation, and to all good men, and at present the chief cause of the intestine warre in our deare country.[83] Further, it gives cause to many to thinke themselves hardly dealt with, others too much favored, and the scale of justice too much bowed and unequally balanced. From whence also proceedeth feares and jealousies of illegall committments, unjust imprisonments, taxes, rates, customes, levyes of ungrounded and undoing assessments, unjustifiable presses, undue fynes, unmeasurable expences and charges, of unconceyvable dangers through a negative or destructive vote unduly placed, and not well regulated,--in a word, of a non-certainty of all things we enjoy, whether lives, liberties, or estate; and also of undue oaths, being subject to exposition, according to the will of him or them that gives them, and not according to a due and unbowed rule of law....

Wherefore our humble desire and request is, that you would be pleased to consider of our present condition and upon what foundation we stand, and unanimously concurr to establish the fundamentall and wholesome lawes of our native country, and such others as are no wayes repugnant to them, unto which all of us are most accustomed; and we suppose them best agreeable to our English tempers, and yourselves obliged thereunto by the generall charter and your oathes of allegiance....

2. _Whereas there are many thousands in these plantations, of the English nation, freeborne, quiett and peaceable men, righteous in their dealings, forward with hand, heart and purse, to advance the publick good, knowne friends to the honorable and victorious Houses of Parliament, lovers of their nation, etc. who are debarred from all civill imployments_ (without any just cause that we know) not being permitted to bear the least office (though it cannot be denied but some are well qualifyed) no not so much as to have any vote in choosing magistrates, captains or other civill and military officers; notwithstanding they have here expended their youth, borne the burthen of the day, wasted much of their estates for the subsistence of these poore plantations, paid all assessments, taxes, rates, at least equall, if not exceeding others, yea when the late warre was denounced against the Narrowganset Indians, without their consent, their goods were seized on for the service, themselves and servants especially forced and impressed to serve in that warre, to the hazarding of all things most dear and near unto them, whence issue forth many great inconveniences, secret discontents, murmurings, rents in the plantations, discouragements in their callings, unsettlednes in their minds, strife, contention, and the Lord only knows to what a flame in time it may kindle; also jealousies of too much unwarranted power and dominion on the one side, and of perpetual slavry and bondage on the other, and, which is intollerable, even by those who ought to love and respect them as brethren.

_We therefore desire that civill liberty and freedom be forthwith granted to all truely English, equall to the rest of their countrymen, as in all plantations is accustomed to be done, and us all freeborne enjoy in our native country_ (we hoping here in some things to enjoy greater liberties than elsewhere, counting it no small losse of liberty to be as it were banished from our native home, and enforced to lay our bones in a strange wildernes) without imposing any oathes or covenant on them, ... Further, that none of the English nation, who at this time are too forward to be gone, and very backward to come hither, be banished, unles they break the known lawes of England in so high a measure, as to deserve so high a punishment; and that those few that come over may settle here without having two magistrates hands, which sometimes not being possible to obtain, hath procured a kind of banishment to some, who might have been serviceable to this place, as they have been to the state of England, etc. And we likewise desire that no greater punishments be inflicted upon offenders than are allowed and sett by the laws of our native country.

3. Whereas there are diverse sober, righteous and godly men, eminent for knowledge and other gracious gifts of the holy spirit, no wayes scandalous in their lives and conversation, members of the church of England (in all ages famous for piety and learning) not dissenting from the latest and best reformation of England, Scotland, etc. yet they and their posterity are deteined from the seales of the covenant of free grace, because, as it is supposed, they will not take these churches covenants, for which as yet they see no light in Gods word; neither can they clearly perceive what they are, every church having their covenant differing from anothers, at least in words....

We therefore humbly intreat you, in whose hands it is to help and whose judicious eyes discern these great inconveniences, for the glory of God and the comfort of your brethren and countrymen, to give liberty to the members of the church of England, not scandalous in their lives and conversations (as members of these churches) to be taken into your congregation and to enjoy with you all those liberties and ordinances Christ hath purchased for them. ...[84]

These things being granted ... we hope to see the now contemned ordinances of God highly prized ... To conclude, all businesses in church and commonwealth (which for many years have seemed to go backward ...) successfully thriving....

Subscribed
_Robert Child_[85] [and six others].

87. Punishment for not Attending "Approved" Churches, 1666

Thomas Hutchinson's _Collection of Original Papers_ (1769),
399-400. Hutchinson adds in a note that the three persons here
condemned were Baptists who were trying to set up a church in
Boston.

At a county court held at Cambridge, on adjournment,
Aprill 17. 1666.

THOMAS GOOLD, Thomas Osburne and John George being presented by the grand jury of this county for absenting themselves from the publick worship of God on the Lords dayes for one whole yeare now past, alledged respectively as followeth, viz.

Thomas Osburne answered, that the reason of his non-attendance was, that the Lord hath discovered unto him from his word and spirit of truth that the society, wherewith he is now in communion, is more agreeable to the will of God: asserted that they were a church and attended the worship of God together, and do judge themselves bound so to do, the ground whereof he said he gave in the general court.

Thomas Goold answered, that as for coming to publique worship they did meet in publique worship according to the rule of Christ, the grounds whereof they had given to the court of assistants: asserted that they were a publique meeting, according to the order of Christ Jesus gathered together.

John George answered, that he did attend the publique meetings on the Lord's dayes where he was a member; asserted that they were a church according to the order of Christ in the gospell, and with them he walked and held communion in the publique worship of God on the Lord's dayes.

Whereas at the general court in October last, and at the court of assistants in September last endeavours were used for their conviction [and that] the order of the generall court declaring the said Goold and company to be no orderly church assembly and that they stand convicted of high presumption against the Lord and his holy appoyntments was openly read to them and is on file with the records of this court:--

_The court sentenced_ the said Thomas Goold, Thomas Osburne, and John George, for their absenting themselves from the publique worship of God on the Lords dayes, to pay foure pounds fine, each of them, to the county order. And whereas by their owne confessions they stand convicted of persisting in their schismaticall assembling themselves together, to the great dishonour of God and our profession of his holy name, contrary to the act of the generall court of October last prohibiting them therein on penalty of imprisonment, this court doth order their giving bond respectively in 20_l._ each of them, for their appearance to answer their contempt at the next court of assistants.

The abovenamed Thomas Goold, John George, and Thomas Osburne made their appeale to the next court of assistants, and refusing to put in security according to law were committed to prison.

88. Quaker Persecutions

_a. Edward Burrough's Appeal to Charles II_

Edward Burrough's _Declaration of the Sad and Great Persecution and
Martyrdom of Quakers in New England_ (London, 1660), 17-20. All
italics in this extract are in the original.

... 2. TWELVE Strangers in that Country, but free-born of this Nation, #received twenty three Whippings#, the most of them being with a Whip _ofthree Cords_, with _Knots at the ends_, and laid on with as much strength as they could be by the Arm of their Executioner, the stripes amounting to _Three hundred and seventy_.

3. Eighteen Inhabitants of the Country, being free-born _English_, received #twenty three Whippings#, the stripes amounting to #two hundred and fifty#.

4. Sixty four Imprisonments of the Lords People, for their obedience to his Will, amounting to #five hundred and nineteen weeks#, much of it being _very cold weather_, and the Inhabitants kept in Prison _in harvest time_, which was very much to their losse; besides many more Imprisoned, of which time we cannot give a just account.

5. Two beaten with #Pitched Ropes#, the blows amounting to #an hundred thirty nine#, by which one of them was brought near unto death, much of his body being beat #like unto a jelly#, and one of their own Doctors, a Member of their Church, who saw him, said, _It would be a Miracle if ever he recovered, he expecting the flesh should rot off the bones_; who afterwards was banished upon pain of death. There are many Witnesses of this there.

6. Also, an Innocent man, an Inhabitant of _Boston_, they #banished# from his Wife and Children, and put to seek a habitation in the Winter; and in case he returned again, he was to be kept Prisoner during his life: and for returning again, he was put in Prison, and hath been now a Prisoner above a year.

7. Twenty five #Banishments#, upon the penalties of being #whipt#, or having #their Ears cut#; or #branded in the Hand#, if they returned.

8. Fines laid upon the Inhabitants for meeting together, and edifying one another, as the Saints ever did; and for #refusing to swear#, it being contrary to Christ's Command, amounting to #about a Thousand pound#, besides what they have done since, that we have not heard of; many Families, in which there are many Children, are almost ruined, by these unmerciful proceedings.

9. Five kept _Fifteen dayes_ (in all) _without food_, and _Fifty eight_ dayes shut up close by the Jaylor, and had none that he knew of; and from some of them he stopt up the windows, hindring them from convenient air.

10. One laid #Neck and Heels# in Irons for _sixteen hours_.

11. One #very deeply burnt# in the right hand _with the letter_ H. after he had been whipt with above _Thirty stripes_.

12. One chained the most part of Twenty dayes to a Logg of wood in an open Prison in the Winter-time.

13. Five Appeals to _England_, denied at _Boston_.

14. Three #had their right Ears cut by the Hangman in the Prison#, the Door being barred, and not a Friend suffered to be present while it was doing, though some much desired it.

15. One of the Inhabitants of _Salem_, who since is banished upon pain of Death, _had one half of his House and Land seized on while he was in Prison_, a month before he knew of it.

16. At a General Court in _Boston_, they made an Order, #That those who had not wherewithal to answer the ffines that were laid upon them# (for their Consciences) #should be sold for Bond=men, and Bond=women to# Barbados, Virginia, #or any of the# English #Plantations#.

17. Eighteen of the people of God were at several times banished #upon pain of Death#, six of them were their own Inhabitants, two of which being very aged people, and well known among their Neighbours to be of honest Conversations, being Banished from their Houses and Families, and put upon Travelling and other hardships, soon ended their dayes; whose Death we can do no lesse than charge upon the Rulers of _Boston_, they being the occasion of it.

18. Also three of the Servants of the Lord #they put to Death#, all of them for obedience to the Truth, in the Testimony of it against the wicked Rulers and Laws at _Boston_.

19. And since they have banished four more, _upon pain of Death_; and twenty four of the Inhabitants of _Salem_ were presented, and more Fines called for, and their Goods seized on, to the value of Forty pounds, for meeting together in the fear of God, and some for _refusing to swear_.

These things (O King) from time to time have we patiently suffered, and not for the trangression of any Just or Righteous Law, either pertaining to the Worship of God, or the Civil Government of _England_, but simply and barely for our Consciences to God, of which we can more at large give Thee (or whom thou mayest order) a full Account (if Thou wilt let us have admission to Thee, who are _Banished upon pain of Death_, and have had _our Ears cut_, who are, some of us, in _England_ attending upon Thee) both of the _Causes of our Sufferings_, and _the Manner_ of their disorderly and illegal Proceeding against us; who begun #with Immodesty#, went on in #Inhumanity# and #Cruelty#, and were not satisfied until #they had the Blood of three of the Martyrs of# JESUS: Revenge for all which we do not seek, but lay them before Thee, considering Thou hast been well acquainted with Sufferings, and so mayest the better consider them that suffer, and mayest for the future restrain the Violence of these Rulers of _New-England_, having Power in Thy hands; they being but the Children of the Family, of which Thou art Chief Ruler; Who have in divers of their Proceedings #forfeited their Patent#; as upon a strict Inquiry in many particulars will appear.

And this, O King, we are assured of, that in time to come it will not repent Thee, if by a _Close Rebuke_ Thou stoppest the #Bloody Proceedings# of these #Bloody Persecutors#; for in so doing, Thou wilt engage the hearts of many honest People unto Thee, both there and here; and for such Works of Mercy, the Blessing is obtained, and shewing it, is the way to prosper....

_b. A Quaker Trial at Boston, 1661_[86]

Joseph Besse's _Collection of the Sufferings of the People called
Quakers_ (1753), II, 222-223. Italics as in the original.

ANNO 1661. At the said next General-Court, _Wenlock Christison_ was again brought to the Bar.

The Governour asked him, _What he had to say for himself, why he should not die?_

_Wenlock._ I have done nothing worthy of Death; if I had, I refuse not to die.

Governour. _Thou art come in among us in Rebellion, which is as the Sin of Witchcraft, and ought to be punished._

_Wenlock._ I came not in among you in Rebellion, but in Obedience to the God of Heaven; not in Contempt to any of you, but in Love to your Souls and Bodies; and that you shall know one Day, when you and all Men must give an Account of your Deeds done in the Body. Take heed, for you cannot escape the righteous Judgments of God.

Major-General _Adderton_. _You pronounce Woes and Judgments, and those that are gone before you pronounced Woes and Judgments; but the Judgments of the Lord God are not come upon us yet._

_Wenlock._ Be not proud, neither let your Spirits be lifted up; God doth but wait till the Measure of your Iniquity be filled up, and that you have seen your ungodly Race, then will the Wrath of God come upon you to the uttermost; And as for thy part, it hangs over thy Head, and is near to be poured down upon thee, and shall come as a Thief in the Night suddenly, when thou thinkest not of it. By what Law will ye put me to Death?

Court. _We have a Law, and by our Law you are to die._

_Wenlock._ So said the _Jews_ of Christ, _We have a Law, and by our Law he ought to die._ Who empowered you to make that Law?

Court. _We have a_ Patent, _and are_ Patentees; _judge whether we have not Power to make Laws?_

_Wenlock._ How! Have you Power to make Laws repugnant to the Laws of _England_?

Governour. _Nay._

_Wenlock._ Then you are gone beyond your Bounds, and have forfeited your _Patent_, and this is more than you can answer. Are you Subjects to the King, yea, or nay?

Secretary _Rawson_. _What will you infer from that? what Good will that do you?_

_Wenlock._ If you are, say so; for in your Petition to the King, you desire that he will protect you, and that you may be worthy to kneel among his loyal Subjects.

Court. _Yes._

_Wenlock._ So am I, and for any thing I know, am as good as you, if not better; for if the King did but know your Hearts, as God knows them, he would see, that your Hearts are as rotten towards him, as they are towards God. Therefore seeing that you and I are Subjects to the King, I demand to be tried by the Laws of my own Nation.

Court. _You shall be tried by a Bench and a Jury._

_Wenlock._ That is not the Law, but the Manner of it; for if you will be as good as your word, you must set me at Liberty, for I never heard or read of any Law that was in _England_ to hang _Quakers_.

Governour. _There is a Law to hang_ Jesuits.

_Wenlock._ If you put me to Death, it is not because I go under the name of a _Jesuit_, but a _Quaker_, therefore I do appeal to the Laws of my own Nation.

Court. _You are in our Hand, and have broken our Laws, and we will try you._

_Wenlock._ Your Will is your Law, and what you have Power to do, that you will do: And seeing that the Jury must go forth on my Life, this I have to say to you in the Fear of the Living God: Jury, take heed what you do, for you swear by the Living God, _That you will true Trial make, and just Verdict give, according to the Evidence._ Jury, look for your Evidence: What have I done to deserve Death? Keep your Hands out of innocent Blood.

A Juryman. _It is good Counsel._

The Jury went out, but having received their Lesson, soon returned, and brought in their Verdict _Guilty_.

_Wenlock._ I deny all Guilt, for my Conscience is clear in the Sight of God.

Governour. _The Jury hath condemned thee._

_Wenlock._ The Lord doth justify me; who art thou that condemnest?

Then the Court proceeded to vote as to the Sentence of Death, to which several of them, _viz. Richard Russel_ and others, would not consent, the Innocence and Stedfastness of the Man having prevailed upon them in his Favour. There happened also a Circumstance during this Trial, which could not but affect Men of any Tenderness or Consideration, which was, that a Letter was sent to the Court from _Edward Wharton_, signifying, _That whereas they had banished him on pain of Death, yet he was at Home in his own House in_ Salem, and therefore proposing, _That they would take off their wicked Sentence from him, that he might go about his Occasions out of their Jurisdiction_. This Circumstance, however affecting to others, did only enrage _Endicot_ the Governour, who was very much displeased, and in much Anger cried out, _I could find in my Heart to go Home_.

_Wenlock._ It were better for thee to be at Home than here, for thou art about a bloody piece of Work.

Governour. _You that will not consent, record it. I thank God, I am not afraid to give Judgment._ Wenlock Christison, _hearken to your Sentence: You must return unto the Place from whence you came, and from thence to the Place of Execution, and there you must be hanged until you be_ dead, dead, dead, _upon the 13th Day of_ June, _being the Fifth-day of the Week._

_Wenlock._ The Will of the Lord be done: In whose Will I came amongst you, and in his Counsel I stand, feeling his Eternal Power, that will uphold me unto the last Gasp, I do not question it. Known be it unto you all, That if you have Power to take my Life from me, my Soul shall enter into Everlasting Rest and Peace with God, where you yourselves shall never come: And if you have Power to take my Life from me, the which I do question, I believe you shall never more take _Quakers_ Lives from them: Note my Words. Do not think to weary out the Living God by taking away the Lives of his Servants: What do you gain by it? For the last Man you put to Death, here are _five_ come in his Room. And if you have Power to take my Life from me, God can raise up the same Principle of Life in _ten_ of his Servants, and send them among you in my Room, that you may have Torment upon Torment, which is your Portion: _For there is no Peace to the Wicked_, saith my God.

Governour. _Take him away. ..._

FOOTNOTES:

[82] The Watertown church had strong Separatist tendencies (cf. No. 64). Hence, in part, its democratic inclination.

[83] The Civil War in England between King and Parliament.

[84] The Church of England at this time was Presbyterian.

[85] In the reply of the General Court, Dr. Child is referred to as "a Paduan Doctor (as he is reputed), lately come into the country, who hath not so much as tasted of their grievances, nor like to doe, being a bachelor and only a sojourner, who never payd a penny to any publick charge, though (of his owne good will) he _hath_ done something for publick use."

[86] This document belongs chronologically in the next general division (_C_), below; but it is most conveniently presented here.

XV. RHODE ISLAND TO 1660

89. A Compact in _Civil_ Things Only, 1336(?)

_Early Records of the Town of Providence_ (1892), 1.

These _Records_ were printed from the original manuscript records.
In 1800, a manuscript "transcript" had been made of those records
(without attempt to preserve the original spelling, and with
various errors); and this transcript was followed in the first
printed copy of this compact in the _Rhode Island Colony Records_
(1878), I, 14.

The following entry was not dated. Apparently it was a paper
presented by Williams and the first settlers to a second body of
comers, probably in 1636.

We whose names are hereunder, desirous to inhabitt in the towne of providence, do promise to subject ourselves in active and passive obedience to all such orders or agreements as shall be made for publick good of our body, in an orderly way, by the major consent of the present Inhabitants, maisters of families, Incorporated together into a towne fellowship, and others whome they shall admitt unto them,

only in civill things.

Richard Scott
_mark_
William #X# Reynolds
Abad browne
John Warner [a character, probably a "mark," follows.]
Edwarde Cope
George Rickard
Thomas Angell #X# _mark_
Thomas Harris
ffrancis weekes #X# _mark_
Benedict Arnold
Josua winsor
William Wickenden
_mark_
John #X# ffeild

[In many ways this "compact" recalls the Mayflower Compact (No.
46); but the notable thing here is that obedience is promised in
_civil_ things only. "Civil" is used in contradistinction with
"ecclesiastical." Obedience is promised in matters that pertain to
the _state_, not in those pertaining to the church. This was the
primary force of the word "civil." Observe it in the same sense in
the documents that follow.]

90. Religious Freedom Consonant with Civil Order

Arnold's _History of Rhode Island_, I, 254, 255.

The town of Providence had been disturbed by tumults, and some of
the inhabitants reasoned loosely that their platform of freedom of
conscience forbade them to punish the transgressors. Williams then
wrote the following letter to the town, defining in a masterly way
the limits of civil and religious freedom. This is a good point at
which to review No. 84, with the Introduction thereto.

There goes many a ship to sea, with many hundred souls in one ship, whose weal and woe is common; and [this] is a true picture of a commonwealth. ... It hath fallen out sometimes that both Papists and Protestants, Jews and Turks, may be embarked in one ship; upon which supposal I affirm that all the liberty of conscience, that ever I pleaded for, turns upon these two hinges: that none of the Papists, Protestants, Jews, or Turks, be forced to come to the ship's prayers or worship, nor compelled from their own particular prayers or worship, if they practice any. I further add that I never denied that, notwithstanding this liberty, the commander of the ship ought to command the ship's course, yea, and also command that justice, peace, and sobriety be kept and practised, both among the seamen and all the passengers. If any of the seamen refuse to perform their service, or passengers to pay their freight; if any refuse to help, in person or purse, toward the common charges or defence; if any refuse to obey the common laws and orders of the ship, concerning their common peace or preservation; if any shall mutiny and rise up against their ... officers; if any should preach or write that there ought to be no commanders or officers because all are equal in Christ ... I say I never denied but in such cases, whatever is pretended, the commander or commanders may judge, resist, compel, and punish such trangressors, according to their ... merits.[87]

91. Patent of Providence Plantations, March 14/24, 1643/1644

_Rhode Island Colonial Records_, I, 123-146.

The Long Parliament, at the opening of its war against Charles I,
created a council for colonial affairs. That body, upon petition
from Williams and his friends, issued the following grant. Section
I (about a page of this type) recites these facts. Practically all
the rest of the document is given here. The important consideration
is the repetition of the word "civil." (See note on page 267,
above.)

And whereas divers well affected and industrious English Inhabitants, of the Towns of Providence, Portsmouth, and Newport in the tract aforesaid, have adventured to make a nearer neighborhood and Society with the great Body of the Narragansets, which may in Time by the blessing of God upon their Endeavours, lay a sure Foundation of Happiness to all America. And have also purchased, and are purchasing of and amongst the said Natives, some other Places, which may be convenient both for Plantations, and also for building of Ships, Supply of Pipe Staves and other Merchandize. And whereas the said English, have represented their Desire to the said Earl, and Commissioners, to have their hopeful Beginnings approved and confirmed, by granting unto them a Free Charter of Civil Incorporation and Government; that they may order and govern their Plantation in such a Manner as to maintain Justice and peace, both among themselves, and towards all Men with whom they shall have to do. In due Consideration of the said Premises, the said Robert Earl of Warwick, Governor in Chief, and Lord High Admiral of the said Plantations, and the greater Number of the said Commissioners, whose Names and Seals are here underwritten and subjoined, out of a Desire to encourage the good Beginnings of the said Planters, Do, by the Authority of the aforesaid Ordinance of the Lords and Commons, give, grant, and confirm, to the aforesaid Inhabitants of the Towns of Providence, Portsmouth, and Newport, a free and absolute Charter of Incorporation, to be known by the Name of the Incorporation of Providence Plantations, in the Narraganset-Bay, in New England.--Together with full Power and Authority to rule themselves, and such others as shall hereafter inhabit within any Part of the said Tract of land, by such a Form of =Civil Government=, as by voluntary consent of all, or the greater Part of them, they shall find most suitable to their Estate and Condition; and, for that End, to make and ordain such =Civil Laws= and Constitutions, and to inflict such punishments upon Transgressors, and for Execution thereof, so to place, and displace Officers of Justice, as they, or the greatest Part of them, shall by free Consent agree unto. Provided nevertheless, that the said Laws, Constitutions, and Punishments, for the =Civil Government= of the said Plantations, be conformable to the Laws of England, so far as the Nature and Constitution of the place will admit. And always reserving to the said Earl, and Commissioners, and their Successors, Power and Authority for to dispose the general Government of that, as it stands in Relation to the rest of the Plantations in America as they shall conceive from Time to Time, most conducing to the general Good of the said Plantations, the Honour of his Majesty, and the Service of the State....

92. Rhode Island and the Quakers, 1657

Hutchinson's _Massachusetts Bay_ (1765), App. XI.

Massachusetts had complained and threatened because Quakers,
received in Rhode Island, swarmed thence into her territory.

_The Government of Rhode Island to the Government of Massachusetts._

Much honoured Gentlemen,

Please you to understand, that there hath come to our view a letter subscribed by the honour'd gentlemen commissioners of the united coloneys, the contents whereof are a request concerning certayne people caled quakers, come among us lately, etc.

Our desires are, in all things possible, to pursue after and keepe fayre and loving correspondence and entercourse with all the colloneys, and with all our countreymen in New-England; and to that purpose we have endeavoured (and shall still endeavour) to answere the desires and requests from all parts of the countrey, coming unto us, in all just and equall returnes, to which end the coloney have made seasonable provision to preserve a just and equal entercourse between the coloneys and us, by giving justice to any that demand it among us and by returning such as make escapes from you, or from the other coloneys, being such as fly from the hands of justice, for matters of crime done or committed amongst you, etc. And as concerning these quakers (so caled) which are now among us, _we have no law among us whereby to punish any for only declaring by words, etc. their mindes and understandings concerning the things and ways of God, as to salvation and an eternal condition. And we, moreover, finde that in those places where these people aforesaid, in this coloney, are most of all suffered to declare themselves freely, and are only oposed by arguments in discourse, there they least of all desire to come, and we are informed that they begin to loath this place, for that they are not opposed by the civill authority, but with all patience and meeknes are suffered to say over their pretended revelations and admonitions, nor are they like or able to gain many here to their way; and surely we find that they delight to be persecuted by civill powers, and when they are soe, they are like to gain more adherents by the conseyte of their patient sufferings, than by consent to their pernicious sayings_. And yet we conceive, that their doctrines trend to very absolute cutting downe and overturning relations and civill government among men, if generally received. But as to the dammage that may in likelyhood accrue to the neighbour colloneys by their being here entertained, we conceive it will not prove so dangerous (as else it might) in regard of the course taken by you to send them away out of the countrey, as they come among you. But, however, at present, we judge it requisitt (and doe intend) to commend the consideration of their extravagent outgoings unto the generall assembly of our coloney in March next, where we hope there will be such order taken, as may, in all honest and contientious manner, prevent the bad effects of their doctrines and endeavours; and soe, in all courtious and loving respects, and with desire of all honest and fayre commerce with you, and the rest of our honoured and beloved countreymen, we rest

Yours in all loving respects to serve you,

From Providence, at the court BENEDICT ARNOLD, _Pres._
of trials, held for the WILLIAM BAULTON,
coloney, Oct. 13th, 1657. RANDALL HOWLDON,
ARTHUR FENNER,
WILLIAM FEILD,

To the much honoured, the Generall Court, sitting at Boston, the Colloney of Massachusitts.

FOOTNOTES:

[87] The editor cannot resist the desire to add that rarely in all history has so fundamental, and at the same time so revolutionary, a truth been stated so simply and incontrovertibly.

XVI. CONNECTICUT BEFORE 1660

93. The Fundamental Orders of 1639

January 14/24, 1638/9

_Connecticut Colonial Records_, I, 20-25.

Cf. _American History and Government_, ## 87-89, for the history
and significance of this "first written constitution known to
history that created a government." The document is printed here in
full.

Forasmuch as it hath pleased the Allmighty God by the wise disposition of his divyne providence so to Order and dispose of things that we the Inhabitants and Residents of Windsor, Harteford and Wethersfield are now cohabiting and dwelling in and uppon the River of Conectecotte and the Lands thereunto adjoyneing; And well knowing where a people are gathered togather the word of God requires that to mayntayne the peace and union of such a people there should be an orderly and decent Goverment 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 conjoyne our selves to be as one Publike State or Commonwelth; and doe, for our selves and our Successors and such as shall be adjoyned to us att any tyme hereafter, enter into Combination and Confederation togather, to mayntayne and presearve the liberty and purity of the gospell of our Lord Jesus which we now professe, as also the disciplyne of the Churches, which according to the truth of the said gospell is now practised amongst us; As also in our Civell Affaires to be guided and governed according to such Lawes, Rules, Orders and decrees as shall be made, ordered and decreed, as followeth:--

1. It is Ordered, sentenced and decreed, that there shall be yerely two generall Assemblies or Courts, the on [_one_] the second thursday in Aprill, the other the second thursday in September, following; the first shall be called the Courte of Election, wherein shall be yerely Chosen from tyme to tyme soe many Magestrats and other publike Officers as shall be found requisitte: Whereof one to be chosen Governour for the yeare ensueing and untill another be chosen, and noe other Magestrate to be chosen for more than one yeare; provided allwayes there be sixe chosen besids the Governour; which being chosen and sworne according to an Oath recorded for that purpose shall have power to administer justice according to the Lawes here established, and for want thereof according to the rule of the word of God; which choise shall be made by all that are admitted freemen and have taken the Oath of Fidellity, and doe cohabitte within this Jurisdiction, (having beene admitted Inhabitants by the major part of the Towne wherein they live,) or the major parte of such as shall be then present.