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: