When on the 4th of March 1628/9, Charles, “by the grace of God, Kinge of England, Scotland, Fraunce, and Ireland, Defender of the Fayth, &c. in the fourth yeare of our raigne” did by letters patent grant unto Sir Henry Rosewell and his twenty-five associates, their heirs and assigns forever, all that certain part of the grant of New England which his “deare and royall father, Kinge James of blessed memory ... hath given and graunted vnto the Counsell established at Plymouth in the County of Devon” and which the said Council by deed dated the 19th of March, 1627/8, had “given, graunted, bargained, soulde, enfeoffed, aliened and confirmed” to Sir Henry Rosewell, Sir John Young, Knightes, Thomas Southcott, John Humphrey, John Endecott and Symon Whetcombe, their heirs and associates forever, “To be houlden of vs our heires and successors, as of our manor of Eastgreenewich, in the County of Kent, within our realme of England,” under the name of the “Governor and Company of the Mattachusetts Bay in Newe England, At the end of the Charter appeared the Oath of Governor: PRÆDICT, Matthaeus Cradocke Juratus est de Fide et Obedienti Regi et Successoribus suis, et de Debit Exequutione Officij Gubernatoris iuxta Tenorem Pr sentium, 18o Martij, 1628. Coram me, Carola CÆsare, Milite, in Cancellari Mr~o. Char. CÆsar. By this Charter, under the privy seal of Cardinal Wolseley, was, unwittingly, planted the seed of the fairest flower that ever bloomed in the garden of colonization since Eden. Up to August, 1630, the business of the Massachusetts-Bay Company was transacted in London. But the business of the Massachusetts-Bay Colony may be said to have really begun in May, 1631. At “A Genrall Court holden att Boston, the 18th day of May, 1631. John Winthrop, Esq~ was chosen Gounr for a whole yeare nexte ensueinge by the genrall consent of the Court, according to the meaneing of the pattent, and did accordingly take an oathe to the place of Gounr belonginge.” “Tho: Dudley, Esq~, is also chosen Deputy Goun~r for this yeare nexte ensuing, & did in prsence of the Court take an oath to his place belonginge.” And “to the end the body of the comons may be prserued of honest & good men, it was likewise ordered and agreed that for time to come noe man shalbe admitted to the freedome of this body polliticke, but such as are members of some of the churches within the lymitts of the same.” To give force to this law an Oath of Freemen was required, and this service the newly appointed Governor and the Deputy Governor elected to perform. The result of their labors, the original draft of the Oath of a Freeman, in the handwriting of the first and greatest of the Governors of the Commonwealth of Massachusetts, and the Oath of a Servant, in the handwriting of the second Governor—a document perhaps only surpassed in historical interest and importance by, and worthy to rank with, the Declaration of Independence—is now, appropriately, in the possession of the Public Library of the City of Boston, and its preservation assured. Through the courtesy of the Trustees, this Society is permitted again to give publicity to the excellent facsimiles of these interesting documents, together with transcriptions of the somewhat obscure handwriting, with interlineations and cancelled words showing, line for line, the changes made by the authors, which first appeared in the Bulletin of the Library for July, 1894. The Oath of a Freeman, or of a Man to be made ffree.I, A. B. &c. being, by the Almighties most wise disposicon, become a membr of this body, consisting of the Gounr, Deputy Gounr, Assistants, & a comnlty of the Mattachusets in Newe England, doe, freely & sincerely acknowledge that I am iustly & lawfully subject to the goumt of the same, & doe accordingly submitt my pson & estate to be ptected, ordered, & gouned by the lawes & constitucons thereof, & doe faithfully pmise to be from time to time obedient & conformeable therevnto, & to the authie of the said Gounr & Assistants & their successrs, & to all such lawes, orders, sentences, & decrees as shalbe lawfully made & published by them or their successors; and I will alwaies indeavr (as in dutie I am bound) to advance the peace & wellfaire of this bodie or comonwealth to my vtmost skill & abilitie; & I will, to my best power & meanes, seeke to devert & prevent whatsoeuer may tend to the ruyne or damage thereof, or of any the said Gounr, Deputy Gounr, or Assistants, or any of them, or their successrs, and will giue speedy notice to them, or some of them, of any sedicon, violence, treachery, or other hurt or euill which I shall knowe, heare, or vehemtly suspecte to be plotted or intended against the said comonwealth, or the said goumt established; and I will not att any time suffer or giue consent to any counsell or attempt that shalbe offered giuen, or attempted for the impeachmt of the said goumt, or makeing any change or alteracon of the same, contrary to the lawes & ordinances thereof, but shall doe my vtmost endeavr to discover, oppose, & hinder, all & euy such counsell & attempts. Soe helpe me God. [1631.] Fac-simile of the Freemen’s Oath The oath of a man free or to be made free. The Oath of ffreemen: It is further ordered that euy man of or above the age of sixteene yeares, whoe hath bene, or shall hereafter be, resident within this iurisdiccon by the space of sixe monethes, (as well servants as others,) & not infranchized, shall take the oath of residents before the Gounr, Deputy Gounr, or two of the nexte Assistants, whoe shall haue power to convent him for that purpose, & vpon his refuseall, to binde him ouer to the nexte Court of Assistants, & vpon his refuseall the second tyme, to be punished att the discrecon of the Court. It is ordered that the ffreemens oath shalbe gyven to euy man of or above the age of 16 yeares, the clause for the eleccon of magistrates onely excepted. At A Court holden att Boston, Aprill 1th, 1634. It was further ordered, that euy man of or above the age of twenty yeares, whoe hath bene or shall hereafter be resident within this jurisdiccon by the space of sixe monethes, as an householder or soiorner, and not infranchised, shall take the oath herevnder written, before the Gounr, or Deputy Gounr, or some two of the nexte Assistants, whoe shall haue power to convent him for that purpose, and vpon his refuseall, to binde him ouer to the nexte Court of Assistants; and vpon his refuseall the second tyme, hee shalbe banished, except the Court shall see cause to giue him further respite. The Oath of ResidentsI doe heare sweare, and call God to witnes, that, being nowe an inhabitant within the lymitts of this juridiccon of the Massachusetts, I doe acknowledge myselfe lawfully subject to the aucthoritie and gouermt there established, and doe accordingly submitt my pson, family, and estate, to be ptected, ordered, & gouerned by the lawes & constitucons thereof, and doe faithfully pmise to be from time to time obedient and conformeable Att a Genrall Courte, holden att Boston, May 14th, 1634. It was agreed & ordered, that the former oath of ffreemen shalbe revoked, soe farr as it is dissonant from the oath of ffreemen herevnder written, & that those that receaved the former oath shall stand bound noe further thereby, to any intent or purpose, then this newe oath tyes those that nowe takes ye same. The Oath of a FreemanI, A. B., being, by Gods providence, an inhabitant & ffreeman within the jurisdiccon of this comonweale, doe freely acknowledge my selfe to be subiect to the govermt thereof, & therefore doe heere sweare, by the greate & dreadfull name of the euerlyveing God, that I wilbe true & faithfull to the same, & will accordingly yeilde assistance & support therevnto, with my pson & estate, as in equity I am bound, & will also truely indeavr to mainetaine & preserue all the libertyes & previlidges thereof, submitting my selfe to the wholesome lawes & orders made & established by the same; and furthr, that I will not plott nor practise any evill against it, nor consent to any that shall soe doe, but will timely discover & reveale the same to lawfull aucthority nowe here established, for the speedy preventing thereof. Moreouer, I doe solemnely binde myselfe, in the sight of God, that when I shalbe called to giue my voice touching any such matter of this state, wherein ffreemen are to deale I will giue my vote & suffrage, as I shall iudge in myne owne conscience may best conduce & tend to the publique weale of the body, without respect of psons, or favr of any man. Soe helpe mee God in the Lord Jesus Christ. [1634.] Further, it is agreed that none but the Gen all Court hath power to chuse and admitt freemen. Fac-simile of Original Manuscript Record The Oath of a Free-manI (A. B.) being by Gods providence an Inhabitant, and Freeman, within the Jurisdiction of this Commonwealth; do freely acknowledge my self to be subject to the Government thereof: And therefore do here swear by the great and dreadful Name of the Ever-living God, that I will be true and faithfull to the same, and will accordingly yield assistance & support thereunto, with my person and estate, as in equity I am bound; and will also truly endeavour to maintain and preserve all the liberties and priviledges thereof, submitting my self to the wholesome Lawes & Orders made and established by the same. And further that I will not plot or practice any evill against it, or consent to any that shall so do; but will timely discover and reveal the same to lawfull Authority now here established, for the speedy preventing thereof. Moreover, I doe solemnly bind my self in the sight of God, that when I shal be called to give my voyce touching any such matter of this State, in which Freemen are to deal, I will give my vote and suffrage as I shall judge in mine own conscience may best conduce and tend to the publike weal of the body, without respect of persons, or favour of any man. So help me God in the Lord Jesus Christ. [1634.] From the copy given in John Childe’s “New-Englands Jonas cast up at London.” (London, 1647), which the preface states was printed in Massachusetts-Bay, by itself. To this form of The Oath of a Free man attaches the great additional interest of being the first work printed in the United States of America. Under date of Mo. 1. (March, 1638/9) John Winthrop’s Journal states: “A printing house was begun at Cambridge by one Daye, at the charge of Mr. Glover, who died on sea hitherward. The first thing which was printed was the freemen’s oath; the next was an almanac made for New England by Mr. For nearly three hundred years no copy of this printed paper has been known to be extant. The ceaseless search for a copy in this country by antiquarians, bibliographers and historians would long ago have been successful, if even a single copy had been preserved in either the institutions of the State, or Nation, or in individual or family possession. It would be difficult to exaggerate the patriotic feeling of our people, if it were known that a copy of this interesting and valuable state paper, the first fruit of the printing-press in this country, whose ringing sentences of freedom preceded by nearly a century and a half the Declaration of Independence, had been discovered at this late day. Fully a quarter of a century ago, while engaged in making a search for early printed American publications in the Catalogue of printed books in the British Museum—a great and monumental work, worthy in its scholarly completeness of the Government which fostered its publication, and of inestimable importance and benefit to scholars in every land—the following entry under the heading “Freeman” seemed to me to warrant more than passing observation and curiosity which the intervening years have failed to satisfy: —The Oath of a Freeman. B. L. [London, 1645?] s. sh. 12º. 11,626. aa. (1, 2.) An analysis of this entry seems to show points of resemblance following closely the known facts regarding the first work printed in this country. The title is the one given by John Childe presumably from the earliest printed copy in his possession. The abbreviated title, freemen’s oath, as given by John Winthrop, first appearing in the Code of 1648, which seems to justify the belief that Winthrop wrote his Journal some years after the press was established. The brackets enclosing the imprint indicate that the place and date given do not appear on the printed sheet, but are the personal judgment of the cataloguer regarding them. Having already determined the printing to be in black-letter English, it naturally follows in his judgment that the place of printing is London. His guess of the year, 1645, which he queries, is a close one; but is open to the criticism that an Oath of a Freeman could never have been printed or exacted in England during the reign of Charles the First. Ten years later, under Cromwellian rule, it might have been done. But the only place on earth it could have been printed and exacted without imprisonment, in 1645, was in the freemen’s Colony of Massachusetts-Bay. In this connection it may be well to observe, as a further illustration that Governor Winthrop wrote his To continue our analysis: The format, and size, agrees with the known facts that the Oath was printed “on the face of a half sheet of small paper.” The shelf-mark indicates the permanent place on the shelves of the Library. The singular appearance of the only known copy of this important and interesting document in the Colonial history of New England, nearly three hundred years after its printing, so far from its place of publication, calls for explanation, which is apparently furnished in a work published in London, in April, 1647, entitled: “New-Englands Jonas cast up at London.” On the title-page it purports to be written by Major John Childe, a brother of Doctor Robert Childe, of Hingham, who was detained by order of the General Court of Massachusetts-Bay; but according to William Hubbard, in his History, and affirmed by John Winthrop, in his Journal, the real author of everything, except the Preface, was William Vassall. Fac-Simile of Original Manuscript Fac-Simile of Original Manuscript Fac-Simile of Original Manuscript After a brief summary of the reasons for publication the Preface states that the Relation is made up of the following particulars: First, the Petition of the greater part of the Inhabitants of Hingham, and the proceedings therein. Secondly, a Petition of Doctor Child and others delivered to the General Court at Boston with some passages thereon. Thirdly, the Capital Laws of the Massachusetts Bay, with the Freemans Oath, as they are printed there by themselves. The italics are mine. Here, then, we have direct proof confirming the statement of John Winthrop that the Freeman’s Oath was printed at Cambridge in 1639, and, in the body of the work, is given the full text of The Oath of a Free man as printed. It is probable that only the number of copies necessary for officials authorized to administer the Oath were printed, and the copy taken to England was surreptitiously obtained from some member of the Government. Its importance lay in the fact that it afforded printed evidence that nowhere in it is any reference made to the King’s Majesty, or of allegiance to any power on earth save that of their own Government as constituted. Fac-Simile of Original Manuscript Fourthly, a relation of that story of Jonas verbatim as it was delivered to me in writing by a Gentleman that was then a passenger in the ship. “When the first ship that came this year 1646 from New-England, was almost ready to come from thence; Mr. Cotton in his Thursday-Lecture at Boston, preached out of that Scripture, Cant. 2, 15. Take us the little Foxes, &c. In his uses took occasion to say, That if any shall carry any Writings, Complaints against the people of God in that Country it would be a Jonas in the ship. * * He also advised the Ship-Master, that if storms did arise, to search if they had not in any Chest or Trunk any such Jonas aboard, which if you find (said he) I do not advise you to throw the persons over-board, but the Writings; or words to that effect. Whereupon, having great storms (as could not be otherwise expected) some of the Passengers remembering Mr. Cotton’s Sermon, it seems were much affected with what he had said; and a woman amongst them came up from between the decks about Midnight, or after, in a distracted passionate manner to Mr. William Vassall who lay in the great Cabin, but for the present was in the Sterage-door-way looking abroad: she earnestly desired him, if there were any Jonas in the ship, that as Mr. Cotton had directed it might be thrown over-board, with many broken expressions to that purpose. He asked her why she came to him? and she said because it was thought that he had some Writings against the people of God: but he answered her, He had nothing but a Petition to the Parliament that they might enjoy the liberty of English subjects, and that could be no Jonas; and that if the best of New-Englands friends could shew him any evil in that, he would not prefer it. After this she went into the great Cabin to Mr. Tho. Fowle in like distracted manner; who told her he had nothing but the Copy of Petition which himself and others had presented to the Court at Boston; and showed, and read it to her, and then told her, That if she and others thought that to be the cause of the storm, she and they might do what they It is true that at any time in the intervening years of a quarter of a century I could have written to the British Museum authorities and been sure of a courteous reply; but the matter seemed too important to be settled in so prosaic a way. This, and the hope that sometime I might be able to determine the matter personally, and achieve the honor that would attach to its discovery, deterred me. I suppose that men of all professions, in their callings, feel an unwonted glow in the achievement of some object; but I know of no greater joy than that which fills the lover of books when his long search for a rare book is rewarded. Then it is that you seem to enter into the holy of holies of delight, when the whole body thrills with suppressed emotions, the eyes moisten, and the trembling hand stretched out to take the volume does so with a touch which is almost a caress. The feeling, I think, must be somewhat akin to the “buck fever” of the deer hunter, whose mind and shaking limbs refuse to function, as he looks into the luminous eyes, and notes the startled look, and graceful beauty of his prey, until it has bounded into safety in the forest. Why, I reasoned with myself, The opportunity of voyaging to England, which I had so long looked forward to, did not come to me until the Spring of the present year, and the pleasant anticipations with which I set out were comparable in my own mind with those which must have animated the Knights of Arthur’s Round Table in their quest for the holy grail. The morning after my arrival in London found me an early visitor at the British Museum. The preliminaries of admittance to the Reading-Room are not difficult, and are soon over with, and I found myself within the great rotunda, its walls lined in tiers with what is best in the literatures of the world, and from which has gone out so much that is worth while in English literature. From the Catalogue I filled out slips for some half dozen works, artfully to conceal the one uppermost in my mind, handed them in at the desk, and returned to my chosen seat to await with such calmness as I could command the culmination of years of desire. Heeding the legend that when the grail was approached by any one not perfectly pure it vanished from sight; and that to be qualified to discover it one must be perfectly chaste in thought and act, I endeavored to prepare myself for its appearance. Somewhere I have read of an Oriental visionary who attained a high degree of saintly perfection by fixing his gaze steadfastly for hours upon his navel, which a growing embonpoint made an easy thing to do, and I sought for holiness in the same way. In time the white slips of my wants came fluttering back to me by messengers, all marked, very properly for security on account of rarity, that they could only be consulted in the North Library, until all were in but the one most desired. Then followed a much longer wait and then—the slip was handed back to me with a notation that I had given a wrong shelf-mark! Gone in an instant were all the Before calling upon him I sought as an introducer Henry N. Stevens—the worthy son of an illustrious father who follows closely in his footsteps as the best authority on early printed American books in Europe—at his shop across the street from the imposing Museum building, and to him I told my story. As I proceeded his interest grew, and before I had finished he excitedly grasped my arm with one hand and his hat with the other, exclaiming: “Come with me. This is not a subject for underlings,” and rushed me across the street without pause until we were in the sanctum sanctorum of the learned and accomplished Keeper, Alfred W. Pollard. And to him I told my simple tale, and asked his assistance. Mr. Pollard is himself a bibliographer of note in his special field, and my story was not without interest to him, but he refused to share my belief that the missing broadside was what I supposed it to be, laying much stress upon the black-letter feature as proof of its English origin. The unsuccessful search for the And there the matter rests, very much in the condition of the story of the cook who asked the skipper: “Is any thing lost when you know where it is?” And to the skipper’s gruff response, “Of course not,” he pleasantly replied: “I am glad to know that our only iron soup kettle wasn’t lost when it fell over-board into the Bay.” Through the courtesy of our fellow-members, Henry Edwards Huntington, Esquire, and the accomplished Freemans OathI (A. B.) being by Gods providence an Inhabitant within the Jurisdiction of this Common-wealth, and now to be made free; doe heer freely acknowledge my self to be subject to the Government therof: and therfore do heer swear by the great and dreadfull Name of the Ever-living God, that I will be true and faithfull to the same, & will accordingly yeild assistance & support therunto, with my person and estate, as in equitie I am bound, and will also truly indeavour to maintein & preserve all the Liberties and Priviledges therof, submitting my self unto the wholsom Laws made and established by the same. And farther, that I will not plot or practice any evil against it, or consent to any that shall so doe; but will timely discover & reveal the same to lawfull authoritie now heer established, for the speedy prevention therof. Moreover, I do solemnly binde my self in the sight of God, that when I shall be called to give my voice touching any such matter of this State, wherin Free-men are to deal; I will give my vote and suffrage as I shall in mine own conscience judge best to conduce and tend to the publick weal of the Body, without respect of persons, or favour of any man. So help me God in our Lord Jesus Christ. [1641.] From Code of 1648. Freemans OathI [A. B.] being by Gods providence an inhabitant within the Jurisdiction of this Common-wealth, and now to be made free; doe here freely acknowledg my self to be subject to the Government thereof: And therefore do here Swear by the great and dreadfull Name of the Ever-living God, that I will be true and faithfull to the same, and will accordingly yeild assistance and support thereunto, with my person and estate, as in equity I am bound, and will also truely indeavour to maintain and preserve all the Liberties and Priviledges thereof, submitting my self unto the wholsom Laws made and established by the same. And farther, that I will not plot or practice an evill against it, or consent to any that shall so doe; but will timely discover and reveal the same to lawfull Authority now here established, for the speedy prevention thereof. Moreover, I do solemnly bind my self in the sight of God, that when I shall be called to give my voice touching any such matter of this State, wherein Free-men are to deal; I will give my vote and suffrage as I shall in mine own conscience judg best to conduce and tend to the publick weal of the Body, without respect of persons, or favour of any man. So help me God &c. [1641.] From Code of 1660. It is Ordered and by this Court declared, that no man shall be urged to take any Oath or subscribe to any Articles, Covenants or Remonstrances, of publick and Civil nature, but such as the Generall Court hath Considered, allowed and required, and no Oath of any Magistrate or of any Officer, shall bind him any further or longer, then he is Resident or Reputed an Inhabitant of this Jurisdiction. [1641.] Every Court in this Jurisdiction, where two Magistrates are present, may admitt any church members that are fitt, to be Freemen, giving them the Oath, and the Clerke of each Court, shall certify their names to the Secretary at the next General Court. [1641 [2]]. Freeman’s Oath Oath of FidelitieI (A B) being by Gods providence an Inhabitant within the Jurisdiction of this Common-wealth, doe freely and sincerely acknowledge my selfe to be subject to the Government thereof. And doe heer swear by the great and dreadful name of the Everliving God, that I will be true and faithfull to the same, and will accordingly yeild assistance therunto, with my person and estate, as in equitie I am bound: and will also truly indeavour to maintein and preseve all the Liberties & Priviledges thereof, submitting my self unto the wholsom Laws made, & established by the same. And farther, that I will not plot or practice any evil against it, or consent to any that shall so doe: but will timely discover and reveal the same to lawfull Authoritie now heer established, for the speedy preventing thereof. So help me God in our Lord Jesus Christ. [1646.] From Code of 1648. Oath of FidelitieI [A. B.] being by Gods providence an inhabitant within the Jurisdiction of the Commonwealth, do freely and sincerely acknowledge my selfe to be subject to the Government thereof. And do here Swear by the great and dreadful name of the everliving God, that I will be true & faithfull to the same, and will accordingly yeild assistance thereunto, with my person and estate, as in equity I am bound: And will also truely endeavour to Maintain and preserve all the Liberties & Priviledges thereof submitting my self unto the wholesom Laws made, and established by the same. And farther that I will not plot or practice any evill against it, or consent to any that shall so do: but will timely discover and reveal the same to lawfull Authority now here established, for the speedy preventing thereof. So help me God in our Lord Jesus Christ. [1646.] From Code of 1660. Any non freemen, who have taken or shall take the Oath of fidelity to this government could be jury men and vote in certain matters, after he had attained the age of 24 years. [1647.] For as much as divers Inhabitants of this Jurisdiction who have long continued amongst us, receiving Protection, from this Government, have as we are informed uttered Offencive speeches, whereby their fidelity to this Government may justly be suspected, and also that divers strangers of forreign parts do repaire to us of whose fidelity we have not that Assurance which is Commonly required of all Governments. It is therefore Ordered by this Court and the Authority thereof. That the County Courts or any one Magistrate out of Court, shall have power and is hereby Authorized to Require the Oath of fidelity of all settled Inhabitants amongst us who have not already taken the same, as also to Require the Oath under written, of all strangers, who after two months have their abode here; And if any Person shall refuse to take the Respective Oath, he or they shall be bound over to the next County Court or Court of Assistants, where if he shall refuse, he shall forfeit five pound a week for every week he shall Continue in this Jurisdiction after his sayd Refusall, unles he can give sufficient security to the satisfaction of the Court or Magistrate for his fidelity, during his or their residence amongst us. Strangers OathYou A. B. Do acknowledge your self subject to the Lawes of this Jurisdiction during your Residence under this Government, and do here Swear, by the Great Name of the Everliving GOD, and engage your self to be true and faithfull to the same, and not to plot, contrive, or conceal any thing that is to the hurt or detriment thereof. [1652.]. This Court having considered of the proposals presented to this Court by several of the inhabitants of the County of Middlesex; Do Declare and Order, That no man whosoever, shall be admitted to the Freedome of this Body Politick, but such as are members of some Church of Christ and in full Communion, which they declare to be the true intent of the ancient Law, page the eighth of the second Book, Anno. 1631. [1660.] This was construed as being directed against the members of the Church of England, and was largely responsible for the strained relations with his Majesty’s Commission in 1665. It was repealed before the 1672 Revision of the Laws. For causes already mentioned the publication of the first Code of Laws, in 1648, was unnoticed in England; but it was very different with the publication of the second Code, in 1660. When it appeared its provisions were subjected to critical scrutiny by enemies of the Puritan Commonwealth, and the worst possible constructions placed upon them. In particular, the loyalty of the framers, who took an Oath of Fidelity to their Government, and none to the King, was questioned; and the provisions for the admission of freemen which, practically, prohibited members of the Church of England. By letter, his Majesty ordered a redress of these grievances, and appointed a Commission who proceeded, in a partisan manner, to execute their powers. In 1665, the Commissioners presented to the General Court a list of twenty-six changes which they desired to have made in the Code of 1660. The principal ones were the substitution of an acknowledgment of the royal authority for all expressions of the supremacy of the Commonwealth; a recognition of the Church of England; and a repeal of the long-standing limitation of citizenship to church members. To one or two of their points the General Court gave consent. On the 3 August, 1664 it was Ordered by the General Court: In Answer to that part of his Majestyes Letter, of June 28, 1662, concerning admission of freemen. This Court doth Declare, That the Law prohibiting all persons, except Members of Churches, and, that also for allowance of them in any County Court, are hereby Repealed, And do hereby also Order and Enact That, from henceforth all English men presenting a Certificate under the hand of the Ministers, or Minister of the Place where they dwell, that they are Orthodox in Religion, and not vicious in their Lives, and also a certificate under the hands of the Select men of the place, or of the major Part of them, that they are Free-holders: and are for their own propper Estate (without heads of Persons) Rateable to the Country in a single Country Rate, after the usuall manner of valuation in the place where they live, to the full vallue of Ten Shillings, or that they are in full Communion with some Church amongst us; It shall be in the Liberty of all and every such Person or Persons, being twenty-four yeares of age, Householders and settled Inhabitants in this Jurisdiction, from time to time to themselves and their desires to this Court, for their addmittance to the freedome of this commonwealth, and shall be allowed the priviledge, to have such their desire Propounded and put to Vote in the General Court, for acceptance to the freedome of the body pollitick, by the sufferage of the major parte according to the Rules of our Patent. [1664.]. It was also Ordered by the General Court on the 19 October, 1664. Forasmuch as several Persons who from time to time are to be made freemen, live remote and are not able without great trouble and charge to appear before this Court to take their respective Oaths: It is therefore Ordered, that henceforth it shall be in the power of any County Court, to administer the Oath of Freedome to any persons approved of by the General Court who shall desire the same, any Law or Custome to the contrary notwithstanding. [1664.] And, at the May, 1665, session, to conform to the criticism of his Majesty’s Commission concerning the Oath of Allegiance: The oath of a freeman & fidelity to runne thus:— Oath of FidelitieWhereas I [A. B.] am an inhabitant within this Jurisdiction, Considering how I stand Obliged to the Kings Majesty, his heires and Successors by our Charter and the Government established thereby; Do Swear accordingly by the great and dreadfull Name of the Ever-Living God, that I will bear Faith and true Allegiance to our Soveraingn Lord the King, his Heires and Successors; and that I will be True and Faithfull to this Government, and accordingly yeild Assistance thereunto, with my person and estate, as in equity I am bound; And will also truely endeavour to Maintain and Preserve all the Liberties and Priviledges thereof, Submiting my self unto the wholesom Laws made and established by the same. And farther that I will not Plot or practice any evill against it, or consent to any that shall so do: but will timely discover and reveal the same to Lawfull Authority now here established, for the speedy preventing thereof. So help me God in our Lord Jesus Christ. [1665.] Freemans OathWhereas I [A. B.] being an inhabitant of the Jurisdiction of the Massachusets, and now to be made free. Do hereby acknowledge my selfe to be subject to the Government thereof (Considering how I stand obliged to the Kings Majesty, his Heires and Successors, by our Charter and the Government established thereby Do Swear accordingly, by the Great and Dreadfull Name of the Ever-Living GOD, that I will bear Faith and true Alegiance to our Soveraigne Lord the King, his heires and Successors,) and that I will be true and Faithfull to the same, and will accordingly yeild Assistance and Support thereunto with my person and estate, as in equity I am bound; And will also truely endeavour to maintain and preserve all the Liberties and priviledges thereof, submitting my selfe to the wolesome Laws made and established by the same. And farther that I will not Plot nor Practice any Evill against it, or consent to any that shall so do, but will timely discover and reveal the same to Lawfull Authority now here established, for the speedy prevention thereof. Moreover I do Solemnly bind my selfe in the sight of God, that when I shall be called to give my Voyce touching any such The oath of the Gounor, Dept Gounor, & other publicke officers, to runne thus:— Whereas I, A. B., am chosen Gouernor, &c., considering how I stand obliged to the kings majesty, his heires & successors, by our charter and the gouerment here established thereby, doe sweare, &c, as aboue. [1665.] In their demand for changes in the 1660 Book of the General Laws and Liberties, the Commissioners in their 14th section proposed: “That, page 33, ‘none be admitted freemen but such as are members of some of the churches wth in the limitts of this jurisdiction’ may be explained, & comphend such as are members of ye church of England.” At the General Court of 23 May, 1666. It is ordered that the Secretary, at the request of all such as are admitted to the freedome of this Colony or any in their behalf, give a true copy out of this Courts Records, of their names, by them to be delivered to the clerks or recorders of those Courts in the severall Counties to which they do belong, with a copy of the Oath of Freemen as it is now stated, that they may there take their Oathes &c. [1666.] At the General Court of 15 October, 1673: As an addition to the Law, title Freemen, section the third, it is ordered by this Court and the authority thereof that henceforth the names of such as desire to be admitted to the freedome of this Comon-wealth, not being members of churches in full comunion, shall be entred wth the secretary, from tjme to tjme, at the Court of election, and read ouer before the whole Court sometime that sessions and shall not be put to vote in the Court till the Court of election next followg. [1673.] This order of Court was repealed 9 February 1682/3. Att a Generall Court, held at Boston, 10th of October, 1677. Whereas many secret attempts haue binn lately made by euil minded persons to set fire in the toune of Boston and other places, tending to the destruction of the whole, this Court doeth account it their duty to vse all lawfull meanes to discouer such persons and prevent the like for time to come. And furthermore, It is Ordered; That if any Officer intrusted with the Execution of this Order, do, neglect, or omit his or their duty therein, they shall be fined according to their demerits, not exceeding five pounds for one offence, being complained of, or presented to the County Courts or Court of Assistants, And this Law to be forthwith Printed and Published, and effectually executed from and after the last of November next. And that all persons that administer the Oath abovesaid, shall in like manner make return of the Names of such persons so sworn to the respective Clerks of the County Courts. Made October 10, 1677. Att the second sessions of the Genll Court held at Boston, 2 October, 1678. Whereas it hath pleased his most excellent Majesty, our gracious king by his letter bearing date the twenty-seventh of Aprill, 1678, to signifie his Royall pleasure, That the Authority of this his Colony of Massachusetts in New-England, do give forth Orders that the Oath of Allegiance, as it is by Law established In Obedience whereunto, and as a demonstration of our Loyalty; It is ordered and enacted by this Court and the Authority thereof, that, as the members of this Court now sitting have readily taken the Oath of Allegiance, so, by their Example and Authority, they do require and command that the same Oath be given and taken by all his Majesties subjects within this Jurisdiction that are of sixteen years of age and upwards. And to the end this Order be duely executed, it is hereby Ordered, that a convenient number of printed Copies of the said Oath of Allegiance, exactly agreeing with the written copy inclosed in his majesties Letter, and signed by the Secretary of State, to be sent forth unto every Magistrate and Justice of peace, and to the Constable of every town within this Jurisdiction. And it is further Ordered that the Magistrates and Justices, or such as are Commissioned with Magistratical Authority in every County of this Colony do with all convenient speed repair to the several Towns and Villages within this Jurisdiction, at such time, and in such order as they best may, and accomplish the same; giving forth their warrant to the Constables of each Town to convene all the inhabitants of the Age abovesaid, and taking their names in writing, administer the said Oath of Allegiance to each of them, and return their Names to the Recorder of each County Court to be enrolled. And if any shall refuse to take the said Oath, or absent themselves unless in case of sickness, the Names of such shall be returned to the Recorder of the County, who are to be proceeded against by the County Courts respectively, for the first offence whereof he is legally convicted, to pay such a fine as the County Court shall impose, not exceeding five pounds, or three Moneths Imprisonment in the common prison or house of Correction: And for the second offence whereof he shall be lawfully convicted, what summe the County Court shall inflict, provided it exceed not ten pounds, or six Moneths Imprisonment without Baile, or Mainprise. [1678.] The officials of the Government, ignoring the copy of the Oath of Allegiance given them by the royal commissioners, took the Oath in Court as it is given in Michael Dalton’s “The Countrey Justice,”—a work of much esteem in its time, which passed through some ten or eleven editions, three of which are in the valuable Library of this Society, and one of them, Regarding the manner of taking the Oath; the New England custom was by holding up the right hand, as opposed to the custom in England of holding, or laying the hand on the Bible, or kissing it. This was one of the irritating questions in dispute between the Colonists and the Andros faction. Samuel Sewall, in his Diary, under date of June 11, 1686, says: “I read the Oath myself holding the book in my left hand, and holding up my right hand to Heaven.” And, in 1687, Increase Mather discoursed on the “laying the hand on and kissing the booke in swearing.” This question continued to irritate, and was one of the predisposing causes of the Revolutionary War in the Province of New York. In 1772, a Bill was lost in Council, “For Removing Doubts in the administration of Oaths.” This Bill was designed to favor a number of people, chiefly from Scotland and the north of Ireland, who held conscientious scruples against the present legal form of kissing the Bible; and allow them to use the form in use in Scotland and the New England Colonies of lifting up the right hand. The weight of Episcopal authority denied them this right. In the colonization of New England the figure of John Winthrop looms colossal. Given time, he would have built an Empire whose only ruler would have been the Lord of Hosts. He can hardly be called a Puritan—his conversion came too late—but he was a Congregationalist. His method was so simple as to be open to the understanding of anyone, but it was a firm principle of government. As an illustration: when he was appealed to by a small group of settlers near the border line of New Hampshire for information as to how they could become freemen of the Colony of The limits of their territory they continually enlarged by firmly insisting upon the border lines of their Patent, and even stretching them when near some natural boundary; by purchasing the rights of New Plymouth in the Colony of Maine, for 400 pounds, they added a tract of seven hundred square miles; by the purchase of the Gorges Patent, for 1,250 pounds sterling, they acquired a jurisdiction over the rest of the Province of Maine which made it a District of Massachusetts down to the year 1820. There has been a good deal of sympathy, and many unnecessary tears have been shed over the so-called banishment of It cannot be said that John Winthrop accomplished these things unaided. There were others who ably assisted him, whose names, also, should be held in honored remembrance. But through it all, can be seen the firm, directing mind and purpose of a man whose vision looked beyond his present to a future, and a Republic that was to be. And this is why our people should look upon The Oath of a Freeman, which was his work, not alone as the glorious first fruit of the Printing-Press in this Country; but also as a great state paper which accomplished without bloodshed, on a smaller scale it is true, all that was achieved, one hundred and thirty-seven years later, after seven years of warfare, through the Declaration of Independence. |