Chapter 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.

* * * * *

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].

* * * * *

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.]

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.]

* * * * *

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.

* * * * *

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.

* * * * *

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

* * * * *

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

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.

* * * * *

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.

* * * * *

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!

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Transcriber’s note:

1. Spelling in oaths or quoted sections is uncorrected.

2. Silently corrected typographical errors.

3. Table of contents added by transcriber.