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 Oath
You 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 was, apparently, aimed at the Quakers, whose offensive attitude towards the Government was made the subject of further drastic laws and orders by the General Court, in October, 1656, and May, 1658.
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 It was repealed before the 1672 Revision of the Laws.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. A comparison with the Code of 1672, shows that while the recognition of his majesty’s supremacy was allowed, in a score of instances the powers of the government under their Charter were asserted. The right of strangers to become citizens was nominally conceded, but on conditions which afforded only a minimum of relief to members of the Church of England.
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.].