Att the second sessions of the Gen̄ll 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 within his Kingdome of England, be administred and taken by all his subjects within this Colony who are of years to take an oath:
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, there is reason to believe, may have been the volume used in this historical incident,—all of them declaring that the same is to be understood as not infringing the liberties and privileges granted in his Majesty’s royal Charter to this Colony of the Massachusetts.
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 Massachusetts-Bay, his reply was: “Get a Minister.” When they answered that they had no Minister, and did not know where to get one, again came back his uncompromising reply: “Get a Minister.” In this reply rested his whole system of colonization. It was simplicity itself. The English Government recognized its power when, by Proclamation, they endeavored to prevent the emigration of Puritan Ministers from England. “Get a Minister!” Gather about him! Build him a church, and homes for yourselves and families. This done, you have a Plantation. When you have thus qualified to become freemen, and have taken the Oath of a Freeman, you will be entitled to hold office; assist in framing laws, and enforcing those already made; and, as members of the Commonwealth, be assured that all your rights will be protected. This principle of government was firm, but not repellent. If you could not conform to it there was no reason for remaining among them. The world was wide enough for every one. And you could go to Maine, or Rhode Island. Under it was formed a government that has never been equalled in prosperity, morality and all that makes for happiness. No less a personage than Hugh Peters has declared that in the six years of his residence in the Colony of Massachusetts-Bay, he had never seen a drunken man or heard a profane oath.
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 Roger Williams to Rhode Island; but it was his friend, John Winthrop, who whispered in his ear the desirability of the location of the Providence Plantations. And there was no reason why Roger Williams could not have gone out from Salem with head erect, and with his gaze fixed on the stars, as every good missionary should go, knowing that the powers of the government of Massachusetts-Bay was as much behind his settlement, without an Oath, as it was behind the colonists of Connecticut, and New Haven, who had gone out from Cambridge, Watertown and Roxbury, carrying with them the Oath of a Freeman as a principle of their governments. In the Union of the Colonies of Massachusetts-Bay, New Plymouth, Connecticut, and New Haven, of which John Winthrop was the first President, a new idea was advanced in his system of government, which eventually attained greater results.
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.