23: [The Combination of the Inhabitants upon the Piscataqua River for Government] - Donald S. Lutz, Colonial Origins of the American Constitution: A Documentary History [1998]
Edition used:
Colonial Origins of the American Constitution: A Documentary History, ed. Donald S. Lutz (Indianapolis: Liberty Fund 1998).
About Liberty Fund:
Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.
Copyright information:
The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.
Fair use statement:
This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit.
- Preface
- Introductory Essay
- New Hampshire: 1: [agreement of the Settlers At Exeter In New Hampshire]
- 2: General Laws and Liberties of New Hampshire
- Massachusetts: 3: [agreement Between the Settlers At New Plymouth] (the Mayflower Compact)
- 4: [plymouth Oath of Allegiance and Fidelity]
- 5: [the Salem Covenant of 1629]
- 6: [agreement of the Massachusetts Bay Company At Cambridge, England]
- 7: [the Watertown Covenant of July 30, 1630]
- 8: [massachusetts Election Agreement]
- 9: The Oath of a Freeman, Or of a Man to Be Made Free
- 10: [the Massachusetts Agreement On the Legislature]
- 11: [cambridge Agreement]
- 12: [dorchester Agreement]
- 13: [cambridge Agreement On a Town Council]
- 14: [massachusetts Agreement On the Legislature]
- 15: The Oath of a Freeman
- 16: [salem Oath For Residents]
- 17: [watertown Agreement On Civil Officers]
- 18: [the Enlarged Salem Covenant of 1636]
- 19: [plymouth Agreement]
- 20: [pilgrim Code of Law]
- 21: [dedham Covenant]
- 22: [the Massachusetts Body of Liberties]
- 23: [the Combination of the Inhabitants Upon the Piscataqua River For Government]
- 24: [massachusetts Bicameral Ordinance]
- 25: [massachusetts Ordinance On the Legislature]
- 26: The Laws and Liberties of Massachusetts
- 27: [massachusetts Ordinance On Legislative Procedure]
- 28: [towns of Wells, Gorgiana, and Piscataqua Form an Independent Government]
- 29: [the Cambridge Agreement of October 4, 1652]
- 30: [puritan] Laws and Liberties
- 31: [an Act of the General Court]
- Rhode Island: 32: [providence Agreement]
- 33: [government of Pocasset]
- 34: [newport Agreement]
- 35: [the Government of Portsmouth]
- 36: Plantation Agreement At Providence
- 37: [organization of the Government of Rhode Island]
- 38: [warwick Agreement]
- 39: Acts and Orders of 1647
- 40: Charter of Providence
- 41: [general Assembly of Rhode Island Is Divided Into Two Houses]
- Connecticut: 42: Plantation Covenant At Quinnipiack
- 43: Fundamental Orders of Connecticut
- 44: Guilford Covenant
- 45: Structure of Town Governments
- 46: Fundamental Articles of New Haven
- 47: [connecticut Oath of Fidelity]
- 48: Capitall Lawes of Connecticut, Established By the Generall Court the First of December, 1642
- 49: The Government of Guilford
- 50: New Haven Fundamentals
- 51: [majority Vote of Deputies and Magistrates Required For the Passage of Laws In Connecticut]
- 52: Connecticut Code of Laws
- 53: Preface to the General Laws and Liberties of Connecticut Colony Revised and Published By Order of the General Court Held At Hartford In October 1672
- 54: [division of the Connecticut General Assembly Into Two Houses]
- New York: 55: [a Letter From Governor Richard Nicolls to the Inhabitants of Long Island]
- 56: Charter of Liberties and Privileges
- New Jersey: 57: Fundamentals of West New Jersey
- Pennsylvania: 58: Concessions to the Province of Pennsylvania
- 59: Charter of Liberties and Frame of Government of the Province of Pennsylvania In America
- 60: An Act For Freedom of Conscience
- 61: [pennsylvania Charter of Liberties]
- Maryland: 62: Orders Devised and Published By the House of Assembly to Be Observed During the Assembly
- 63: Act For Establishing the House of Assembly and the Laws to Be Made Therein
- 64: An Act For Church Liberties
- 65: An Act For Swearing Allegeance
- 66: An Act What Persons Shall Be Called to Every General Assembly and an Act Concerning the Calling of General Assemblies
- 67: An Act For the Liberties of the People
- 68: [maryland Toleration Act]
- Virginia: 69: Articles, Laws, and Orders, Divine, Politic, and Martial For the Colony In Virginia
- 70: [laws Enacted By the First General Assembly of Virginia]
- 71: Constitution For the Council and Assembly In Virginia
- 72: [laws and Orders Concluded By the Virginia General Assembly]
- 73: Act Relating to the Biennial and Other Assemblies and Regulating Elections and Members In North Carolina
- South Carolina: 74: Act to Ascertain the Manner and Form of Electing Members to Represent the Province
- Georgia: 75: Act to Ascertain the Manner and Form of Electing Members to Represent the Inhabitants of This Province In the Commons House of Assembly
- Confederations: 76: [the New England Confederation]
- 77: [the Albany Plan of Union]
- 78: The Articles of Confederation
- 79: [william Penn’s Plan of Union]
- 80: [joseph Galloway’s Plan of Union]
23
[The Combination of the Inhabitants upon the Piscataqua River for Government]
Text taken from Francis N. Thorpe, ed., The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States (Washington, D.C.: Government Printing Office, 1907), 2445. The text is complete, and the spelling is as found in Thorpe.
October 22, 1641
It is instructive to compare this document with The Mayflower Compact [3]. The two are surprisingly similar, although it is certain those writing this document did not consult the earlier one. The major difference is that here God is not called upon as a witness, and therefore it is not a covenant but a compact. Note also that the king, although prominently mentioned, does not sanction this agreement either. Instead, the force of this document rests entirely on the people directly, which constitutes de facto popular sovereignty. Popular sovereignty, however, is not yet a legal or formal constitutional principle, which explains why the document is considered only temporary until the king’s approval can be obtained. This is an example, like many other documents during the colonial era, in which political practice preceded political theory, although practice tended to result from the habits of mind engendered by earlier theoretical formulations. In the case of popular sovereignty, that earlier theoretical formulation was to be found in theology.
Whereas sundry Mischiefs and Inconveniences have befallen us, and more and greater may, in regard of want of Civill Government, his gracious Majesty haveing settled no order for us, to our knowledge, we whose names are underwritten, being Inhabitants upon the River of Pascataqua have voluntarily agreed to combine ourselves into a body Politick, that wee may the more comfortably enjoy the Benefit of his Majesties Laws, and doe hereby actually engage ourselves to submit to his Royall Majesties Laws, together with all such Laws as shall be concluded by a major part of the Freemen of our Society, in Case they be not repugnant to the laws of England, and administered in behalf of his Majestie. And this wee have mutually promised, and engaged to doe, an so to continue till his excellent Majestie shall give other orders concerning us. In witness whereof Wee have hereunto set our hands, October 22. In the 16 year of the Reigne of our Sovereigne Lord, Charles by the grace of God, King of Great Brittaine, France and Ireland, Defender of the Faith, &c.
Subscribed by Thomas Larkham,
Richard Waldrene,
William Waldrene, [with thirty-eight more]
Titles (by Subject) 