35: [The Government of Portsmouth] - Donald S. Lutz, Colonial Origins of the American Constitution: A Documentary History [1998]
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Colonial Origins of the American Constitution: A Documentary History, ed. Donald S. Lutz (Indianapolis: Liberty Fund 1998).
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- 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]
35
[The Government of Portsmouth]
The complete text, with original spelling, is taken from Bartlett, Vol. i, 1636 to 1663, 70–71. The gaps are in the original, and brackets indicate illegible words that have been supplied on the basis of context.
April 30, 1639
See the discussion of the Providence Agreement [32] for events leading up to this agreement. The Portsmouth agreement is unusual in that it is a compact; however, those signing it invoke the authority of the king, although he is unaware his authority is being used. The compact thus has the form of a civil compact without the legal status because the king has not signed it. We can only guess at the reason for this format, but it avoids invoking God’s name as well as it avoids using an implicit popular sovereignty that might, for some reason, have made these people uneasy. It certainly would make it easier for the king to approve the document post hoc. Another unusual feature is that it appears to establish government by arbitration.
Aprill the 30th, 1639
We, whose names are under [written doe acknowledge] ourselves the legall subjects of [his Majestie] King Charles, and in his name [doe hereby binde] ourselves into a civill body politicke, unto his lawes according to matters of justice.
[Signed by William Hutchinson and thirty associates.]
According to the true intent of the [foregoing instrument, wee] whose names are above particularly [recorded, do agree] joyntly or by the major voice to g[overne ourselves by the] ruler or judge amongst us in all [transactions] for the space and tearme of one [yeare, he] behaving himselfe according to the t[enor of the same.]
We have freely made choice of [ ] to be ruler or judge among us.
We have also, for the help and ease [of the conducting of] public business and affairs for [the colony] for one yeare, allso chosen unto him William Ballston, William Freeborne, John Porter, John [ ], John Wall, Philip Sherman, as allso William Aspinwall to lay out lands as they shall be disposed.
We have also made choice of [ ] amongst us for this yeare ensuing.
It is appoynted that there shall be [a court held every] yeare, every quarter, one for to doe right betwixt man and [man—a] jury of twelve men; as also it is [ordered, that] the eight men chosen unto him [shall hold a] meeting amongst themselves, to consult [together]; as also to put an end to any controverzy, if it amount not to the value of fortie [shillings.] The Judge, with the rest of the eight men [shall decide it] if brought to ye publicke Court.
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