FOOTNOTES:
[47] Had the Assistants legal right, under the charter, to appoint such officers and define their powers? It is worthy of note, that, Nov. 30/Dec. 9, 1630, Sir Richard Saltonstall was "fyned V £ for whipping 2 severall persons without the presence of another Assistant, contrary to an act of Court formerly made."
[48] Cf. American History and Government, §§ 62, 64, 77, note, etc., for several illustrative quotations not given in this volume.
[49] Cf. No. 65 (9).
[50] A marginal note in the manuscript, in Winthrop's handwriting, adds "chosen by papers." This election of Winthrop's rival, by a secret ballot, was the democratic answer to Cotton's argument above.
[51] For the significance of the difference between this oath and that in (1) above, cf. American History and Government, § 64.
[52] This enactment is the formal establishment of representative government in the colony,—in accordance with the character of this Court which so decreed. Cf. Introduction, above, to this No. 67 b. (2).
[53] Not more than four, so the vote stood probably 18 for, and 15 against. But the new claim of the Assistants that at least six magistrates must be "in the vote" (i.e. vote yes) prevents action.
[54] It is refreshing to see that the gentle Puritan women were not to be controlled in the matter. In 1638, four years later, Winthrop has the following item:
"The court, taking into consideration the great disorder general through the country in costliness of apparel, and following new fashions, sent for the elders of the churches, and conferred with them about it, and laid it upon them, as belonging to them, to redress it, by urging it upon the consciences of their people, which they promised to do. But little was done about it; for divers of the elders' wives, etc., were in some measure partners in this general disorder."
[55] Cf. Ludlow's extreme fear of democracy in No. 64, above.
[56] The mid-week (Thursday) religious service, then held in the morning, of which our Thursday evening "prayer meetings" are a survival. Boston had no town government, as yet, with regular town meetings; but the gathering for this religious purpose was utilized for a special governmental purpose.
[57] The aristocratic protest won; at the second election, the usual gentlemen were placed upon the committee.
[58] The immediate occasion was the desire to satisfy Lord Say and Lord Brooke. Cf. No. 75, below.
[59] This provision for "proxies," or written ballots (as the men of that day used the term "proxy" often), was soon extended to all towns at all annual elections.
[60] The regulation regarding churches was needful to supplement the restriction of the franchise to church members (No. 63 (4)).
[61] Presumably Winthrop and Cotton, who had stayed at Newtown for the Court.
[62] Observe the plain threat, cloaked in this language, that the colony would rebel rather than surrender its charter. The real leaders of revolt would have been, not "the common people," but Winthrop and his friends, who drew up this paper.
[63] For a brief history of this proceeding, cf. American History and Government, § 81. The code was established in 1641. See No. 78, below.
[64] This law shows that in 1641 the two orders of the Assembly had come to sit by themselves frequently. For the final separation, see No. 80.
[65] The "peremptory challenge" of the Plymouth Code does not appear here.
[66] Cf. No. 65 (8).
[67] These terms are relative. Winthrop describes, after this date, the cruel flogging of a woman for a matter of opinion, and says that she had her tongue put in "a cleft stick" for half an hour, for "abusing" the magistrates who punished her.
[68] This is a protest against the occasional arbitrary action of the Massachusetts governor in past years. Both Winthrop and Vane had been guilty of refusing to put motions to the General Court.
[69] The coroner's jury had existed by custom in the colony from the first.
[70] This recognized existing local practice. Cf. No. 66.
[71] This democratic advance had been taken two years earlier in Connecticut. Cf. No. 93.
[72] Actual practice disregarded this limitation to nine, and also the attempt to restrict the "select men" and the voters to "freemen." 74 should have followed 66.
[73] This with the first half of the next law is based upon the Jewish law.
[74] This noble provision soon became a dead letter.
[75] To give the prefix Mrs. (Mistress) to this poor woman would be wholly out of keeping with the usage of that day.
[76] Cf. also some of the entries in the extracts from the Watertown Records, No. 83, below.
[77] The heading is missing (by mutilation) from the Records.
[78] This was a fee for a very indefinite description of title: cf. (8), below, and note.
[79] The descriptions of such divisions of lands were exceeding vague,—illustrated by the following entry from the Records of the Town of Plymouth,—rather clearer than the average but selected here because of its brevity:—
"Ordered to be Recorded pr. Thomas Southworth:
haveing order att a Townemeeting held the second day of January 1666 for the bounding of ten acrees of land graunted to Benjamine Eaton lying above the lands that was formerly George Clarkes and betwixt ffrancis Billingtons lott and the lotts that were John Cookes; have layed it out on the westward side of the swamp called Bradfords Marsh and on the south side and east end of the said land have bounded it with a swamp wood tree standing att or in the swamp: from thence the line extends nearest southwest and by west to a Red oake tree marked and standing on the westward side of the Topp of a hill; and on the north side and east end next to the swamp with a young walnutt sapling, and from the said walnut the line extends nearest southwest and by west unto a forked Red oake sapling; bounded Aprill 11th 1667 pr Will: Crow."
The following entry of a "deed" from the Early Records of the Town of Providence illustrates the worst cases of land titles:—
"Be it knowne unto all men by these presences that I, wissawyamake, an Ingen about the age of 23 yeares ould, now dwilling at Sekescute ner providinc, have barganed and sould unto thomas Clemenes of providinc one medow Containing about 8 Akers mor or lese, a broke at each End and a hille on the weaste sid of it and wenasbetuckit river on the other sid of it and have sould unto him the free use of the river allso, to which bargen I the sayd Ingen do hearby bine me my hayrs Exctors adminstratrs and asignes to parfforme the bargon unto Thomas Clemenes his hayrs and asignes and I the aforesaid Ingen doe here by bind me my silfe my hayrs Exctors adminstratrs and asigns uppon the ffortner of our silves forfite unto thomas Clemenes and to his hayrs Exstors adminstrators and asignes if I the sayd Ingen be not the right honer of the above sayd midowe and do herby warante to thomis Clemenes the fall of it agaynst all Engens and men what ever under witten this 9th day of January 1654 in the presents of Joshua ffoot"
"the mark X of
wissowyamake"
"the marke H of henry
ffowler"
[80] Tenth month (December), thirty-first day.
[81] This English term for local taxes was used in the early colonies.
[XIV. MASSACHUSETTS AND PERSECUTION]
As long as she was permitted to do so, Massachusetts secured religious uniformity by expelling or persecuting intruders who dissented from the established order. This was the practice and theory of all states in that day except Holland. Some individuals had advanced further, however, both in England and America (cf. American History and Government, § 84, close, for illustrations); and religious freedom was the fundamental principle in the Rhode Island "experiment" (No. 90, below).
84. Puritan Arguments for and against Persecution
a. The Simple Cobbler of Agawam, 1647
Nathaniel Ward, minister of Ipswich (Agawam), was one of the few of the Massachusetts clergy with democratic leanings. He had been helpful in drafting the democratic Body of Liberties (No. 78). But like that other democratic minister, Thomas Hooker (No. 93), Ward was a strict theocrat. His Simple Cobbler of Aggawamm was published in London in 1647.
... First, such as have given or taken any unfriendly reports of us New-English, should doe well to recollect themselves. Wee have beene reputed a Colluvies of wild Opinionists, swarmed into a remote wildernes to find elbow-roome for our phanatick Doctrines and practises: I trust our diligence past, and constant sedulity against such persons and courses, will plead better things for us. I dare take upon me, to bee the Herauld of New-England so farre, as to proclaime to the world, in the name of our Colony, that all Familists, Antinomians, Anabaptists, and other Enthusiasts shall have free Liberty to keepe away from us, and such as will come to be gone as fast as they can, the sooner the better.
Secondly, I dare averre, that God doth no where in his word tolerate Christian States to give Tolerations to such adversaries of his Truth, if they have power in their hands to suppresse them....
Not to tolerate things meerly indifferent to weak consciences, argues a conscience too strong: pressed uniformity in these, causes much disunity: To tolerate more then indifferents, is not to deale indifferently with God: He that doth it, takes his Scepter out of his hand, and bids him stand by....
Concerning Tolerations I may further assert.
That Persecution of true Religion, and Toleration of false, are the Jannes and Jambres to the Kingdome of Christ, whereof the last is farre the worst....
Frederick Duke of Saxon, spake not one foote beyond the mark when he said. He had rather the Earth should swallow him up quick, then he should give a toleration to any opinion against any truth of God.
He that is willing to tolerate any Religion, or discrepant way of Religion, besides his own, unlesse it be in matters meerly indifferent, either doubts of his own, or is not sincere in it.
He that is willing to tolerate any unsound Opinion, that his own may also be tolerated, though never so sound, will for a need hang Gods Bible at the Devills girdle.
Every Toleration of false Religions or Opinions hath as many Errours and sins in it as all the false Religions and Opinions it tolerats, and one sound one more.
That State that will give Liberty of Conscience in matters of Religion, must give Liberty of Conscience and Conversation in their Morall Laws, or else the Fiddle will be out of tune, and some of the strings crack.
Experience will teach Churches and Christians, that it is farre better to live in a State united, though a little Corrupt, then in a State, whereof some Part is incorrupt, and all the rest divided.
... There is talk of an universall Toleration. I would talke as loud as I could against it, did I know what more apt and reasonable Sacrifice England could offer to God for his late performing all his heavenly Truths then an universall Toleration of all hellish Errors, or how they shall make an universall Reformation, but by making Christs Academy the Divills University, where any man may commence [graduate] Heretique per saltum; where he that is filius Diabolicus, or simpliciter pessimus, may have his grace to goe to Hell cum Publico Privilegio; and carry as many after him, as he can....
It is said, Though a man have light enough himselfe to see the Truth, yet if he hath not enough to enlighten others, he is bound to tolerate them, I will engage my self, that all the Devills in Britanie shall sell themselves to their shirts, to purchase a Lease of this Position for three of their Lives, under the Seale of the Parliament.
It is said, That Men ought to have Liberty of their Conscience, and that it is persecution to debarre them of it: I can rather stand amazed then reply to this: it is an astonishment to think that the braines of men should be parboyl'd in such impious ignorance; Let all the wits under the Heavens lay their heads together and finde an Assertion worse then this (one excepted) I will petition to be chosen the universall Ideot of the world....
The true English of all this their false Latine is nothing but a generall Toleration of all Opinions....
b. From the Wonder-working Providence, of Sions Saviour in New England (Book III, Chapter V)
This quaint history was printed in London in 1654, anonymously. The original manuscript has never been discovered. Tradition ascribes the authorship to Captain Edward Johnson, one of the companions of Winthrop in the migration of 1630.
... and in the year 1648 they [the laws] were printed, and now are to be seen of all men, to the end that none may plead ignorance, and that all who intend to transport themselves hither, may know this is no place of licentious liberty, nor will this people suffer any to trample down this Vineyard of the Lord, but with diligent execution will cut off from the city of the Lord the wicked doers, and if any man can shew wherein any of them derogate from the Word of God, very willingly will they accept thereof, and amend their imperfections (the Lord assisting) but let not any ill-affected persons find fault with them, because they suit not with their own humour, or because they meddle with matters of Religion, for it is no wrong to any man, that a people who have spent their estates, many of them, and ventured their lives for to keep faith and a pure conscience, to use all means that the Word of God allows for maintenance and continuance of the same, especially [when] they have taken up a desolate Wilderness to be their habitation, and not deluded any by keeping their profession in huggermug, but print and proclaim to all the way and course they intend, God willing, to walk in; [and] if any will yet notwithstanding seek to justle them out of their own right, let them not wonder if they meet with all the opposition a people put to their greatest straits can make; ... but ... it seems unreasonable, and savours too much of hypocricie, that any people should pray unto the Lord for the speedy accomplishment of his Word in the overthrow of Antichrist, and in the mean time become a Patron to sinful opinions and damnable errors that oppose the truths of Christ....
c. Discussion between Saltonstall and Cotton (about 1650)
Hutchinson's Collection of Original Papers (1769), 401-406.
Saltonstall was the chief founder of Watertown, and one of the signers of the Cambridge Agreement (No. 58 b). Like his town, he was inclined to democracy in politics and to "Separation" in religion. This letter to the Boston pastors was written from England (to which he had returned in 1631) about 1650. Both letters are without dates.
(1) Sir Richard Saltonstall to Mr. Cotton and Mr. Wilson
Reverend and deare friends, whom I unfaynedly love and respect:
It doth not a little grieve my spirit to heare what sadd things are reported dayly of your tyranny and presecutions in New-England,—as that you fyne, whip, and imprison men for their consciences. First, you compell such to come into your assemblyes as you know will not joyne with you in your worship, and when they shew their dislike thereof or witnes against it, then you styrre up your magistrates to punish them for such (as you conceyve) their publicke affronts. Truely, friends, this your practice of compelling any in matters of worship to doe that whereof they are not fully persuaded, is to make them sin; for soe the apostle (Rom. 14 and 23.) tells us; and many are made hypocrites thereby, conforming in their outward man for feare of punishment. We pray for you and wish you prosperitie every way, [and] hoped the Lord would have given you so much light and love there that you might have been eyes to God's people here, and not to practice those courses in a wildernes which you went so farre to prevent. These rigid wayes have layed you very lowe in the hearts of the saynts. I doe assure you I have heard them pray in the publique assemblies that the Lord would give you meeke and humble spirits, not to stryve soe much for uniformity as [instead] to keepe the unity of the spirit in the bond of peace.
When I was in Holland about the beginning of our warres, I remember some christians there, that then had serious thoughts of planting in New-England, desired me to write to the governor thereof to know if those that differ from you in opinion, yet houlding the same foundation in religion (as Anabaptists, Seekers, Antinomians, and the like), might be permitted to live among you; to which I received this short answer from your then governour Mr. Dudley; God forbid (said he) our love for the truth should be growne soe could that we should tolerate errours: and when (for satisfaction of myself and others) I desired to know your grounds, he referred me to the books written here between the Presbyterians and Independents;—which if that had been sufficient, I needed not have sent soe farre to understand the reasons of your practice. I hope you do not assume to yourselves infallibilitie of judgment, when the most learned of the Apostles confesseth he knew but in parte and sawe but darkely as through a glass; for God is light, and no further than he doth illuminate us can we see, be our partes and learning never soe great. Oh that all those who are brethren, though yet they cannot thinke and speake the same things might be of one accord in the Lord. Now the God of patience and consolation grant you to be thus mynded towards one another, after the example of Jesus Christ our blessed Savyor, in whose everlasting armes of protection hee leaves you who will never leave to be
Your truly and much affectionate
friend in the nearest union,
Ric. Saltonstall.
For my reverend and worthyly much esteemed friends Mr. Cotton and Mr. Wilson, preachers to the church which is at Boston in New-England, give this.
(2) Mr. Cotton's Answer to Sir Richard Saltonstall
... You thinke to compell all men in matter of worship is to make men sinne (according to Rom. 14. 23.). If the worship be lawfull in itselfe, the magistrate compelling him to come to it compelleth him not to sinne, but the sinne is in his will that needs to be compelled to a christian duty. Josiah compelled all Israel, or (which is all one) made to serve the Lord their God, 2 Chron. 34. 33. yet his act herein was not blamed but recorded amongst his virtuous actions. For a governour to suffer any within his gates to prophane the sabbath, is a sinne against the 4th commandment, both in the private householder and in the magistrate; and if he requires them to present themselves before the Lord, the magistrate sinneth not, nor doth the subject sinne so great a sinne as if he did refraine to come....
But (say you) it doth but make men hypocrites to compell men to conforme the outward man for feare of punishment. If it did so, yet better to be hypocrites than prophane persons. Hypocrites give God part of his due, the outward man, but the prophane person giveth God neither outward nor inward man....
What you wrote out of Holland to our then governor Mr. Dudley, in behalfe of Anabaptists, Antinomians, Seekers, and the like, it seemeth, mett with a short answer from him, but zealous; for zeal will not beare such mixtures as coldnesse or lukewarmenesse will, Revel. 2. 2. 14. 15. 20.
85. Criticism by a Moderate Episcopalian and Monarchist
Lechford's "Plaine Dealing" (1641), reprinted in Massachusetts Historical Society Collections, Third Series, III, 55 ff.
Thomas Lechford was in New England from 1637 to 1641. His point of view is not seriously unfriendly.
... And I doe not this, God knoweth, as delighting to lay open the infirmities of these well-affected men, many of them my friends,—but that it is necessary, at this time, for the whole Church of God, and themselves, as I take it. Besides, many of the things are not infirmities, but such as I am bound to protest against; yet I acknowledge there are some wise men among them who would help to mend things, if they were able. ... And I think that wiser men then they, going into a wildernesse to set up another strange government differing from the settled government here, might have falne into greater errors then they have done.
[After describing the method of organizing a church.] And the generall Court will not allow of any Church otherwise gathered.
Some Ministers have there heretofore, as I have heard, disclaimed the power of their Ministry, received in England, but others among them have not. Generally, for the most part, they hold the Pastors and Teachers offices to be distinct; the Teacher to minister a word of knowledg, the Pastor a word of wisdome, but some hold them all one; as in the Church of Watertowne, there are two Pastors, neither will that Church send any messengers to any other Church-gathering or ordination.[82]
... Now the most of the persons at New-England are not admitted of their Church, and therefore are not Freemen, and when they come to be tryed there, be it for life or limb, name or estate, or whatsoever, they must bee tryed and judged too by those of the Church, who are in a sort their adversaries: how equall that hath been or may be, some by experience doe know, others may judge.
Profane swearing, drunkennesse, and beggers, are but rare in the compasse of this Patent, through the circumspection of the Magistrates, and the providence of God hitherto, the poore there living by their labours and great wages, proportionably, better then the rich by their stocks, which without exceeding great care, quickly waste....
But the people begin to complain [that] they are ruled like slaves, and in short time shall have their children for the most part remain unbaptized: and so have little more privilege than Heathens, unlesse the discipline be amended....
When I was to come away, one of the chiefest in the Country wished me to deliver him a note of what things I misliked in the Country, which I did, thus:
I doubt,
1. Whether so much time should be spent in the publique Ordinances, on the Sabbath day, because that thereby some necessary duties of the Sabbath must be needs be hindered, as visitation of the sick, and poore, and family.
2. Whether matters of offence should be publiquely handled, either before the whole Church, or strangers.
3. Whether so much time should be spent in particular catechizing those that are admitted to the communion of the Church, either men or women; or that they should make long speeches; or when they come publiquely to be admitted, any should speak contradictorily, or in recommendation of any, unlesse before the Elders, upon just occasion.
4. Whether the censures of the Church should be ordered, in publique, before all the Church, or strangers, other then the denunciation of the censures, and pronunciation of the solutions.
5. Whether any of our Nation, that is not extremely ignorant or scandalous, should bee kept from the Communion, or his children from Baptisme....
10. That the civill government is not so equally administered, nor can be, divers orders or bylaws considered.
11. That unlesse these things be wisely and in time prevented, many of your usefullest men will remove and scatter from you.
Certain Quaeres about Church government, planting Churches, and some other Experiments.
32. Whether or no to maintain a desired purity or perfection in the Magistracie, by election of the people, these good men of New-England, are not forced to be too strict in receiving the brethren, and to run a course tending to heathenisme?
33. Whether have not popular elections of chiefe Magistrates beene, and are they not, very dangerous to States and Kingdomes? Are there not some great mysteries of State and government? Is it possible, convenient, or necessary, for all men to attain to the knowledge of those mysteries, or to have the like measure of knowledge, faith, mercifulnesse, wisdome, courage, magnanimity, patience? Whence are Kings denominated, but from their skill and knowledge to rule? whereto they are even born and educated, and by long experience, and faithfull Counsellors enabled, and the grace and blessing of God upon all? Doe not the wise, good, ancient, and renowned Laws of England attribute much, yea, very much trust and confidence to the King, as to the head and supreame Governour, though much be also in the rest of the great body, heart and hands, and feete, to counsell, maintain, and preserve the whole, but especially the Head?
34. Hence what government for an Englishman but an hereditary, successive, King, the son of Nobles, well counselled and assisted?
I thank God, now I understand by experience, that there is no such government for Englishmen, or any Nation, as a Monarchy; nor for Christians, as by a lawfull Ministrie, under godly Diocesan Bishops....
86. A Presbyterian Demand for the Franchise, 1646
Hutchinson's Collection of Original Papers (1769), 188-194. Less than half the document is given here.
To the worshipful the Governor, the Deputy Governor, and the rest of the Assistants of the Massachusets Bay in New England, together with the Deputyes of the Generall Court now assembled at Boston.
The Remonstrance and humble Petition of us whose names are underwritten, in behalfe of ourselves and divers others within this jurisdiction, humbly sheweth.
That we cannot but with all thankfulness acknowledge your indefategable paines, continuall care, and constant vigilancy, which, by the blessing of the Almighty, hath procured unto this wilderness the much desired fruits of peace and plenty ... And further, that you whom the Lord hath placed at the helm ... are best able to foresee the clouds which hang over our heads ... Notwithstanding, those who are under decks ... may perceive those leaks which will inevitably sink this weake and ill compacted vessell, if not by your wisdoms prevented ... Not to trouble you ... with many words, we shall briefly referre them to their heads....
1. Whereas this place hath been planted by the incouragement, next under God, of letters patents given and granted by his Majesty of England to the inhabitants thereof, with many privileges and immunities, viz., ... Notwithstanding, we cannot, according to our judgments, discerne a setled forme of government according to the lawes of England, which may seeme strange to our countrymen, yea to the whole world, especially considering we are English. Neither do we understand and perceyve our owne lawes or libertyes, or any body of lawes here so established, as that thereby there may be a sure and comfortable enjoyment of our lives, libertyes, and estates, according to our due and naturall rights, as free borne subjects of the English nation. By which, many inconveniences flow into plantations, Viz. jealousies of introducing arbitrary government, which manny are prone to beleeve, construing the procrastination of such setled lawes to proceed from an overgreedy spirit of arbitrary power (which it may be is their weaknes) such proceedings being detestable to our English nation, and to all good men, and at present the chief cause of the intestine warre in our deare country.[83] Further, it gives cause to many to thinke themselves hardly dealt with, others too much favored, and the scale of justice too much bowed and unequally balanced. From whence also proceedeth feares and jealousies of illegall committments, unjust imprisonments, taxes, rates, customes, levyes of ungrounded and undoing assessments, unjustifiable presses, undue fynes, unmeasurable expences and charges, of unconceyvable dangers through a negative or destructive vote unduly placed, and not well regulated,—in a word, of a non-certainty of all things we enjoy, whether lives, liberties, or estate; and also of undue oaths, being subject to exposition, according to the will of him or them that gives them, and not according to a due and unbowed rule of law....
Wherefore our humble desire and request is, that you would be pleased to consider of our present condition and upon what foundation we stand, and unanimously concurr to establish the fundamentall and wholesome lawes of our native country, and such others as are no wayes repugnant to them, unto which all of us are most accustomed; and we suppose them best agreeable to our English tempers, and yourselves obliged thereunto by the generall charter and your oathes of allegiance....
2. Whereas there are many thousands in these plantations, of the English nation, freeborne, quiett and peaceable men, righteous in their dealings, forward with hand, heart and purse, to advance the publick good, knowne friends to the honorable and victorious Houses of Parliament, lovers of their nation, etc. who are debarred from all civill imployments (without any just cause that we know) not being permitted to bear the least office (though it cannot be denied but some are well qualifyed) no not so much as to have any vote in choosing magistrates, captains or other civill and military officers; notwithstanding they have here expended their youth, borne the burthen of the day, wasted much of their estates for the subsistence of these poore plantations, paid all assessments, taxes, rates, at least equall, if not exceeding others, yea when the late warre was denounced against the Narrowganset Indians, without their consent, their goods were seized on for the service, themselves and servants especially forced and impressed to serve in that warre, to the hazarding of all things most dear and near unto them, whence issue forth many great inconveniences, secret discontents, murmurings, rents in the plantations, discouragements in their callings, unsettlednes in their minds, strife, contention, and the Lord only knows to what a flame in time it may kindle; also jealousies of too much unwarranted power and dominion on the one side, and of perpetual slavry and bondage on the other, and, which is intollerable, even by those who ought to love and respect them as brethren.
We therefore desire that civill liberty and freedom be forthwith granted to all truely English, equall to the rest of their countrymen, as in all plantations is accustomed to be done, and us all freeborne enjoy in our native country (we hoping here in some things to enjoy greater liberties than elsewhere, counting it no small losse of liberty to be as it were banished from our native home, and enforced to lay our bones in a strange wildernes) without imposing any oathes or covenant on them, ... Further, that none of the English nation, who at this time are too forward to be gone, and very backward to come hither, be banished, unles they break the known lawes of England in so high a measure, as to deserve so high a punishment; and that those few that come over may settle here without having two magistrates hands, which sometimes not being possible to obtain, hath procured a kind of banishment to some, who might have been serviceable to this place, as they have been to the state of England, etc. And we likewise desire that no greater punishments be inflicted upon offenders than are allowed and sett by the laws of our native country.
3. Whereas there are diverse sober, righteous and godly men, eminent for knowledge and other gracious gifts of the holy spirit, no wayes scandalous in their lives and conversation, members of the church of England (in all ages famous for piety and learning) not dissenting from the latest and best reformation of England, Scotland, etc. yet they and their posterity are deteined from the seales of the covenant of free grace, because, as it is supposed, they will not take these churches covenants, for which as yet they see no light in Gods word; neither can they clearly perceive what they are, every church having their covenant differing from anothers, at least in words....
We therefore humbly intreat you, in whose hands it is to help and whose judicious eyes discern these great inconveniences, for the glory of God and the comfort of your brethren and countrymen, to give liberty to the members of the church of England, not scandalous in their lives and conversations (as members of these churches) to be taken into your congregation and to enjoy with you all those liberties and ordinances Christ hath purchased for them. ...[84]
These things being granted ... we hope to see the now contemned ordinances of God highly prized ... To conclude, all businesses in church and commonwealth (which for many years have seemed to go backward ...) successfully thriving....
Subscribed
Robert Child[85] [and six others].
87. Punishment for not Attending "Approved" Churches, 1666
Thomas Hutchinson's Collection of Original Papers (1769), 399-400. Hutchinson adds in a note that the three persons here condemned were Baptists who were trying to set up a church in Boston.
At a county court held at Cambridge, on adjournment, Aprill 17. 1666.
Thomas Goold, Thomas Osburne and John George being presented by the grand jury of this county for absenting themselves from the publick worship of God on the Lords dayes for one whole yeare now past, alledged respectively as followeth, viz.
Thomas Osburne answered, that the reason of his non-attendance was, that the Lord hath discovered unto him from his word and spirit of truth that the society, wherewith he is now in communion, is more agreeable to the will of God: asserted that they were a church and attended the worship of God together, and do judge themselves bound so to do, the ground whereof he said he gave in the general court.
Thomas Goold answered, that as for coming to publique worship they did meet in publique worship according to the rule of Christ, the grounds whereof they had given to the court of assistants: asserted that they were a publique meeting, according to the order of Christ Jesus gathered together.
John George answered, that he did attend the publique meetings on the Lord's dayes where he was a member; asserted that they were a church according to the order of Christ in the gospell, and with them he walked and held communion in the publique worship of God on the Lord's dayes.
Whereas at the general court in October last, and at the court of assistants in September last endeavours were used for their conviction [and that] the order of the generall court declaring the said Goold and company to be no orderly church assembly and that they stand convicted of high presumption against the Lord and his holy appoyntments was openly read to them and is on file with the records of this court:—
The court sentenced the said Thomas Goold, Thomas Osburne, and John George, for their absenting themselves from the publique worship of God on the Lords dayes, to pay foure pounds fine, each of them, to the county order. And whereas by their owne confessions they stand convicted of persisting in their schismaticall assembling themselves together, to the great dishonour of God and our profession of his holy name, contrary to the act of the generall court of October last prohibiting them therein on penalty of imprisonment, this court doth order their giving bond respectively in 20l. each of them, for their appearance to answer their contempt at the next court of assistants.
The abovenamed Thomas Goold, John George, and Thomas Osburne made their appeale to the next court of assistants, and refusing to put in security according to law were committed to prison.
88. Quaker Persecutions
a. Edward Burrough's Appeal to Charles II
Edward Burrough's Declaration of the Sad and Great Persecution and Martyrdom of Quakers in New England (London, 1660), 17-20. All italics in this extract are in the original.
... 2. TWELVE Strangers in that Country, but free-born of this Nation, received twenty three Whippings, the most of them being with a Whip ofthree Cords, with Knots at the ends, and laid on with as much strength as they could be by the Arm of their Executioner, the stripes amounting to Three hundred and seventy.
3. Eighteen Inhabitants of the Country, being free-born English, received twenty three Whippings, the stripes amounting to two hundred and fifty.
4. Sixty four Imprisonments of the Lords People, for their obedience to his Will, amounting to five hundred and nineteen weeks, much of it being very cold weather, and the Inhabitants kept in Prison in harvest time, which was very much to their losse; besides many more Imprisoned, of which time we cannot give a just account.
5. Two beaten with Pitched Ropes, the blows amounting to an hundred thirty nine, by which one of them was brought near unto death, much of his body being beat like unto a jelly, and one of their own Doctors, a Member of their Church, who saw him, said, It would be a Miracle if ever he recovered, he expecting the flesh should rot off the bones; who afterwards was banished upon pain of death. There are many Witnesses of this there.
6. Also, an Innocent man, an Inhabitant of Boston, they banished from his Wife and Children, and put to seek a habitation in the Winter; and in case he returned again, he was to be kept Prisoner during his life: and for returning again, he was put in Prison, and hath been now a Prisoner above a year.
7. Twenty five Banishments, upon the penalties of being whipt, or having their Ears cut; or branded in the Hand, if they returned.
8. Fines laid upon the Inhabitants for meeting together, and edifying one another, as the Saints ever did; and for refusing to swear, it being contrary to Christ's Command, amounting to about a Thousand pound, besides what they have done since, that we have not heard of; many Families, in which there are many Children, are almost ruined, by these unmerciful proceedings.
9. Five kept Fifteen dayes (in all) without food, and Fifty eight dayes shut up close by the Jaylor, and had none that he knew of; and from some of them he stopt up the windows, hindring them from convenient air.
10. One laid Neck and Heels in Irons for sixteen hours.
11. One very deeply burnt in the right hand with the letter H. after he had been whipt with above Thirty stripes.
12. One chained the most part of Twenty dayes to a Logg of wood in an open Prison in the Winter-time.
13. Five Appeals to England, denied at Boston.
14. Three had their right Ears cut by the Hangman in the Prison, the Door being barred, and not a Friend suffered to be present while it was doing, though some much desired it.
15. One of the Inhabitants of Salem, who since is banished upon pain of Death, had one half of his House and Land seized on while he was in Prison, a month before he knew of it.
16. At a General Court in Boston, they made an Order, That those who had not wherewithal to answer the ffines that were laid upon them (for their Consciences) should be sold for Bond=men, and Bond=women to Barbados, Virginia, or any of the English Plantations.
17. Eighteen of the people of God were at several times banished upon pain of Death, six of them were their own Inhabitants, two of which being very aged people, and well known among their Neighbours to be of honest Conversations, being Banished from their Houses and Families, and put upon Travelling and other hardships, soon ended their dayes; whose Death we can do no lesse than charge upon the Rulers of Boston, they being the occasion of it.
18. Also three of the Servants of the Lord they put to Death, all of them for obedience to the Truth, in the Testimony of it against the wicked Rulers and Laws at Boston.
19. And since they have banished four more, upon pain of Death; and twenty four of the Inhabitants of Salem were presented, and more Fines called for, and their Goods seized on, to the value of Forty pounds, for meeting together in the fear of God, and some for refusing to swear.
These things (O King) from time to time have we patiently suffered, and not for the trangression of any Just or Righteous Law, either pertaining to the Worship of God, or the Civil Government of England, but simply and barely for our Consciences to God, of which we can more at large give Thee (or whom thou mayest order) a full Account (if Thou wilt let us have admission to Thee, who are Banished upon pain of Death, and have had our Ears cut, who are, some of us, in England attending upon Thee) both of the Causes of our Sufferings, and the Manner of their disorderly and illegal Proceeding against us; who begun with Immodesty, went on in Inhumanity and Cruelty, and were not satisfied until they had the Blood of three of the Martyrs of JESUS: Revenge for all which we do not seek, but lay them before Thee, considering Thou hast been well acquainted with Sufferings, and so mayest the better consider them that suffer, and mayest for the future restrain the Violence of these Rulers of New-England, having Power in Thy hands; they being but the Children of the Family, of which Thou art Chief Ruler; Who have in divers of their Proceedings forfeited their Patent; as upon a strict Inquiry in many particulars will appear.
And this, O King, we are assured of, that in time to come it will not repent Thee, if by a Close Rebuke Thou stoppest the Bloody Proceedings of these Bloody Persecutors; for in so doing, Thou wilt engage the hearts of many honest People unto Thee, both there and here; and for such Works of Mercy, the Blessing is obtained, and shewing it, is the way to prosper....
b. A Quaker Trial at Boston, 1661[86]
Joseph Besse's Collection of the Sufferings of the People called Quakers (1753), II, 222-223. Italics as in the original.
Anno 1661. At the said next General-Court, Wenlock Christison was again brought to the Bar.
The Governour asked him, What he had to say for himself, why he should not die?
Wenlock. I have done nothing worthy of Death; if I had, I refuse not to die.
Governour. Thou art come in among us in Rebellion, which is as the Sin of Witchcraft, and ought to be punished.
Wenlock. I came not in among you in Rebellion, but in Obedience to the God of Heaven; not in Contempt to any of you, but in Love to your Souls and Bodies; and that you shall know one Day, when you and all Men must give an Account of your Deeds done in the Body. Take heed, for you cannot escape the righteous Judgments of God.
Major-General Adderton. You pronounce Woes and Judgments, and those that are gone before you pronounced Woes and Judgments; but the Judgments of the Lord God are not come upon us yet.
Wenlock. Be not proud, neither let your Spirits be lifted up; God doth but wait till the Measure of your Iniquity be filled up, and that you have seen your ungodly Race, then will the Wrath of God come upon you to the uttermost; And as for thy part, it hangs over thy Head, and is near to be poured down upon thee, and shall come as a Thief in the Night suddenly, when thou thinkest not of it. By what Law will ye put me to Death?
Court. We have a Law, and by our Law you are to die.
Wenlock. So said the Jews of Christ, We have a Law, and by our Law he ought to die. Who empowered you to make that Law?
Court. We have a Patent, and are Patentees; judge whether we have not Power to make Laws?
Wenlock. How! Have you Power to make Laws repugnant to the Laws of England?
Governour. Nay.
Wenlock. Then you are gone beyond your Bounds, and have forfeited your Patent, and this is more than you can answer. Are you Subjects to the King, yea, or nay?
Secretary Rawson. What will you infer from that? what Good will that do you?
Wenlock. If you are, say so; for in your Petition to the King, you desire that he will protect you, and that you may be worthy to kneel among his loyal Subjects.
Court. Yes.
Wenlock. So am I, and for any thing I know, am as good as you, if not better; for if the King did but know your Hearts, as God knows them, he would see, that your Hearts are as rotten towards him, as they are towards God. Therefore seeing that you and I are Subjects to the King, I demand to be tried by the Laws of my own Nation.
Court. You shall be tried by a Bench and a Jury.
Wenlock. That is not the Law, but the Manner of it; for if you will be as good as your word, you must set me at Liberty, for I never heard or read of any Law that was in England to hang Quakers.
Governour. There is a Law to hang Jesuits.
Wenlock. If you put me to Death, it is not because I go under the name of a Jesuit, but a Quaker, therefore I do appeal to the Laws of my own Nation.
Court. You are in our Hand, and have broken our Laws, and we will try you.
Wenlock. Your Will is your Law, and what you have Power to do, that you will do: And seeing that the Jury must go forth on my Life, this I have to say to you in the Fear of the Living God: Jury, take heed what you do, for you swear by the Living God, That you will true Trial make, and just Verdict give, according to the Evidence. Jury, look for your Evidence: What have I done to deserve Death? Keep your Hands out of innocent Blood.
A Juryman. It is good Counsel.
The Jury went out, but having received their Lesson, soon returned, and brought in their Verdict Guilty.
Wenlock. I deny all Guilt, for my Conscience is clear in the Sight of God.
Governour. The Jury hath condemned thee.
Wenlock. The Lord doth justify me; who art thou that condemnest?
Then the Court proceeded to vote as to the Sentence of Death, to which several of them, viz. Richard Russel and others, would not consent, the Innocence and Stedfastness of the Man having prevailed upon them in his Favour. There happened also a Circumstance during this Trial, which could not but affect Men of any Tenderness or Consideration, which was, that a Letter was sent to the Court from Edward Wharton, signifying, That whereas they had banished him on pain of Death, yet he was at Home in his own House in Salem, and therefore proposing, That they would take off their wicked Sentence from him, that he might go about his Occasions out of their Jurisdiction. This Circumstance, however affecting to others, did only enrage Endicot the Governour, who was very much displeased, and in much Anger cried out, I could find in my Heart to go Home.
Wenlock. It were better for thee to be at Home than here, for thou art about a bloody piece of Work.
Governour. You that will not consent, record it. I thank God, I am not afraid to give Judgment. Wenlock Christison, hearken to your Sentence: You must return unto the Place from whence you came, and from thence to the Place of Execution, and there you must be hanged until you be dead, dead, dead, upon the 13th Day of June, being the Fifth-day of the Week.
Wenlock. The Will of the Lord be done: In whose Will I came amongst you, and in his Counsel I stand, feeling his Eternal Power, that will uphold me unto the last Gasp, I do not question it. Known be it unto you all, That if you have Power to take my Life from me, my Soul shall enter into Everlasting Rest and Peace with God, where you yourselves shall never come: And if you have Power to take my Life from me, the which I do question, I believe you shall never more take Quakers Lives from them: Note my Words. Do not think to weary out the Living God by taking away the Lives of his Servants: What do you gain by it? For the last Man you put to Death, here are five come in his Room. And if you have Power to take my Life from me, God can raise up the same Principle of Life in ten of his Servants, and send them among you in my Room, that you may have Torment upon Torment, which is your Portion: For there is no Peace to the Wicked, saith my God.
Governour. Take him away. ...