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Bruce Frohnen, The American Republic: Primary Sources [2002]

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Bruce Frohnen, The American Republic: Primary Sources, ed. Bruce Frohnen (Indianapolis: Liberty Fund, 2002). http://oll.libertyfund.org/titles/669

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About this Title:

The American Republic is an excellent textbook for classroom use which provides, in a single volume, critical, original documents revealing the character of American discourse on the nature and importance of local government, the purposes of federal union, and the role of religion and tradition in forming America’s drive for liberty.

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The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

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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.

Table of Contents:

Edition: current; Page: [i]
The American Republic
Edition: current; Page: [ii] Edition: current; Page: [iii]

Editorial Board

Dr. George W. Carey is Professor of Government at Georgetown University.He is the author and editor of several works, including InDefense of the Constitution (Liberty Fund, 1995). Dr. Carey is also editorof the Political Science Reviewer, an annual review ofleading works in political science and related disciplines.

Dr. Danton P. Kostandarithes has served as chairman of the SocialStudies Department at the Bolles School in Jacksonville, Florida, since 1996.He earned his doctoral degree in American diplomatic history from TulaneUniversity in 1992. Dr. Kostandarithes currently teaches American history andadvanced placement U.S. history at the Bolles School.

Dr. Charles Reid is Research Associate in Law and Religion at the EmoryUniversity School of Law. He holds a Ph.D. in history from Cornell University,and law and canon law degrees from the Catholic University of America. Hisarticles have appeared in numerous law reviews and professional journals,including the Michigan Law Review, Boston College LawReview, and Studia Canonica.

Dr. Barry Alan Shain is an Associate Professor of Political Science atColgate University. He teaches courses in modern European and Americanpolitical thought. Dr. Shain is the author of The Myth ofAmerican Individualism: The Protestant Origins of American PoliticalThought, which is in its third printing by Princeton University Press.

Edition: current; Page: [iv] Edition: current; Page: [v]
the American Republic
primary sources
Edited by Bruce Frohnen
Liberty Fund
indianapolis
Edition: current; Page: [vi]

This book is published by Liberty Fund, Inc., a foundation establishedto encourage study of the ideal of a society of free and responsibleindividuals.

The cuneiform inscription that serves as our logo and as the designmotif for our endpapers is the earliest-known written appearance of the word“freedom” (amagi), or “liberty.”It is taken from a clay document written about 2300 b.c. in the Sumeriancity-state of Lagash.

© 2002 Liberty Fund, Inc.

All rights reserved

Printed in the United States of America

06 05 04 03 02 c 5 4 3 2 1

06 05 04 03 02 p 5 4 3 2 1

Library of Congress Cataloging-in-Publication Data

The American Republic: primary sources/edited by Bruce Frohnen.

p. cm.

Includes bibliographical references.

isbn 0-86597-332-6 (alk. paper)—isbn 0-86597-333-4 (pbk.: alk.paper)

1. United States—History—Colonial period, ca.1600–1775—Sources. 2. United

States—History—Revolution,1775–1783—Sources. 3. United

States—History—1783–1865—Sources. I. Frohnen,Bruce.

e173.a7535 2002

973—dc21

2001038925

Liberty Fund, Inc.

8335 Allison Pointe Trail, Suite 300

Indianapolis, Indiana 46250-1684

Edition: current; Page: [vii]

Contents

  • Alphabetical Table of Contents xi
  • Alphabetical List of Authors xiii
  • List of Illustrations xv
  • Introduction xvii
  • Note on the Texts xxi

I Colonial Settlements and Societies

  • Virginia Articles, Laws, and Orders, 1610–11 4
  • The Mayflower Compact, 1620 11
  • Fundamental Orders of Connecticut, 1639 12
  • The Massachusetts Body of Liberties, 1641 15
  • Charter of Liberties and Frame of Government of the Province of Pennsylvania in America, 1682 23
  • Dorchester Agreement, 1633 31
  • Maryland Act for Swearing Allegiance, 1638; Plymouth Oath of Allegiance and Fidelity, 1625 32
  • “Little Speech on Liberty,” john winthrop, 1645 34
  • “Copy of a Letter from Mr. Cotton to Lord Say and Seal,” john cotton, 1636 36

2 Religious Society and Religious Liberty in Early America

  • “The Bloody Tenent, of Persecution, for Cause of Conscience,” roger williams, 1644 42
  • “A Platform of Church Discipline,” john cotton, richard mather, and ralph partridge, 1649 48
  • Providence Agreement, 1637; Maryland Act for Church Liberties, 1638; Pennsylvania Act for Freedom of Conscience, 1682 64
  • Worcestriensis, 1776 66
  • “Thanksgiving Proclamation” and Letters to Religious Associations, george washington; 1789, 1790 69
  • “Farewell Address,” george washington, 1796 72
  • “The Rights of Conscience Inalienable,” john leland, 1791 79
  • “Letter to the Danbury Baptist Association,” thomas jefferson, 1802 88

3 Defending the Charters

  • Magna Charta, 1215 92
  • Petition of Right, 1628 98
  • “An Account of the Late Revolution in New England” and “Boston Declaration of Grievances,” nathanael blyfield, 1689 101
  • The English Bill of Rights, 1689 106
  • The Stamp Act, 1765 110
  • “Braintree Instructions,” john adams, 1765 115
  • Resolutions of the Virginia House of Burgesses, 1765; Declarations of the Stamp Act Congress, 1765 117
  • “The Rights of the British Colonies Asserted and Proved,” james otis, 1763 119
  • The Act Repealing the Stamp Act, 1766; The Declaratory Act, 1766 135

4 The War for Independence

  • “A Discourse at the Dedication of the Tree of Liberty,” “a son of liberty” [silas downer], 1768 140
  • “Letters from a Farmer in Pennsylvania,” Letters V and IX, john dickinson, 1767–68 146
  • Declaration and Resolves of the First Continental Congress, 1774 154
  • Virginia Bill of Rights, 1776 157
  • “On Civil Liberty, Passive Obedience, and Non-resistance,” jonathan boucher, 1775 159
  • Common Sense, thomas paine, 1776 179
  • The Declaration of Independence, 1776 189
Edition: current; Page: [viii]

5 A New Constitution

  • “Thoughts on Government,” john adams, 1776 196
  • Articles of Confederation, 1778 200
  • The Essex Result, 1778 205
  • Northwest Ordinance, 1787 225
  • Albany Plan of Union, 1754 229
  • Virginia and New Jersey Plans, 1787 231
  • The Constitution of the United States of America, 1787 234
  • The Federalist, Papers 1, 9, 10, 39, 47–51, 78; alexander hamilton, james madison, and john jay; 1787 241
  • “Address of the Minority of the Pennsylvania Convention,” 1787 268
  • “An Examination of the Leading Principles of the Federal Constitution,” noah webster, 1787 281

6 The Bill of Rights

  • The Federalist, Papers 84 and 85; alexander hamilton, james madison, and john jay; 1787 300
  • “Letter I,” “centinel,” 1787 309
  • “Essay I,” “brutus,” 1787 314
  • “Letter III,” “the federal farmer,” 1787 320
  • “Memorial and Remonstrance against Religious Assessments,” james madison, 1785; “Virginia Bill for Establishing Religious Freedom,” thomas jefferson, 1786 327
  • “Speech Introducing Proposed Constitutional Amendments,” james madison, 1789; Debate over First Amendment Language, 1789; The First Ten Amendments to the Constitution, or the Bill of Rights, 1789 332
  • Commentaries on the Constitution of the United States, joseph story, 1833 351
  • The People v. Ruggles, james kent, 1811 363
  • Marbury v. Madison, john marshall, 1803 366
  • Barron v. the Mayor and City Council of Baltimore, john marshall, 1833 375

7 State versus Federal Authority

  • “Essay V,” “brutus,” 1787 382
  • Chisholm v. Georgia, james wilson, 1793; U.S. Constitution, Eleventh Amendment, 1787 386
  • The Alien and Sedition Acts, 1798; Virginia Resolutions, 1798; Kentucky Resolutions, 1798; Counter-resolutions of Other States, 1799; Report of Virginia House of Delegates, 1799 396
  • “The Duty of Americans, at the Present Crisis,” timothy dwight, 1798 433
  • Report of the Hartford Convention, 1815 447
  • joseph story: Commentaries on the Constitution of the United States, 1833; A Familiar Exposition of the Constitution of the United States, 1840 458

8 Forging a Nation

  • “Opinion against the Constitutionality of a National Bank,” thomas jefferson, 1791; “Opinion as to the Constitutionality of the Bank of the United States,” alexander hamilton, 1791 474
  • “Veto Message,” andrew jackson, 1832 491
  • “Veto Message,” james madison, 1817 501
  • Commentaries on the Constitution of the United States, joseph story, 1833 503
  • abraham lincoln: “Address to the Young Men’s Lyceum of Springfield, Illinois,” 1838; “Address to the Wisconsin State Agricultural Society, Milwaukee, Wisconsin,” 1859 518
  • william leggett: Newspaper Editorials on “Direct Taxation,” 1834; “Chief Justice Marshall,” 1835; “The Despotism of the Majority,” 1837; “Morals of Legislation,” 1837; and “The Morals of Politics,” 1837 528
  • “Speech on Electioneering,” davy crockett, 1848 536
  • “Speech before the U.S. Senate,” daniel webster, 1830; “Speech before the U.S. Senate,” robert y. hayne, 1830 538
  • “Fort Hill Address,” john c. calhoun, 1831 565
Edition: current; Page: [ix]

9 Prelude to War

  • Laws Regulating Servants and Slaves, 1630–1852 582
  • “Slavery” and “Agriculture and the Militia,” john taylor of caroline, 1818 589
  • The Missouri Compromise, 1820–21 594
  • william leggett: Newspaper Editorials on “Governor McDuffie’s Message,” 1835; “The Question of Slavery Narrowed to a Point,” 1837; and “‘Abolition Insolence,’” 1837 595
  • Senate Speeches on the Compromise of 1850, john c. calhoun and daniel webster, 1850 600
  • Second Fugitive Slave Law, 1850; Ableman v. Booth, roger taney, 1858 633
  • Scott v. Sandford, roger taney, 1856 646
  • “The Relative Position and Treatment of the Negroes” and “The Abolitionists—Consistency of Their Labors,” george s. sawyer, 1858 665
  • “What Is Slavery?” and “Slavery Is Despotism,” harriet beecher stowe, 1853 690
  • Kansas-Nebraska Act, 1856; Fifth Lincoln-Douglas Debate, 1858 702
  • Bibliography 723
Edition: current; Page: [x] Edition: current; Page: [xi]

Alphabetical Table of Contents

  • Ableman v. Booth, roger taney 636
  • “‘Abolition Insolence,’” william leggett 598
  • “Abolitionists—Consistency of Their Labors, The,” george s. sawyer 680
  • “Account of the Late Revolution in New England, An,” nathanael blyfield 101
  • Act Repealing the Stamp Act, The 135
  • “Address of the Minority of the Pennsylvania Convention” 268
  • “Address to the Wisconsin State Agricultural Society, Milwaukee, Wisconsin,” abraham lincoln 522
  • “Address to the Young Men’s Lyceum of Springfield, Illinois,” abraham lincoln 518
  • “Agriculture and the Militia,” john taylor of caroline 592
  • Alabama Slave Code 584
  • Albany Plan of Union 229
  • Alien and Sedition Acts, The 396
  • Articles of Confederation 200
  • Barron v. Baltimore, john marshall 375
  • “Bloody Tenent, of Persecution, for Cause of Conscience, The,” roger williams 42
  • “Boston Declaration of Grievances” 102
  • “Braintree Instructions,” john adams 115
  • Charter of Liberties and Frame of Government of the Province of Pennsylvania in America 23
  • “Chief Justice Marshall,” william leggett 530
  • Chisholm v. Georgia, james wilson 386
  • Commentaries on the Constitution of the United States, joseph story 351, 458, 503
  • Common Sense, thomas paine 179
  • Connecticut Law Regarding Escape of Negroes and Servants 583
  • “Constitution and the Union, The,” daniel webster 613
  • Constitution of the United States of America, The 234
  • “Copy of a Letter from Mr. Cotton to Lord Say and Seal,” john cotton 36
  • Debate over First Amendment Language 348
  • Declaration and Resolves of the First Continental Congress 154
  • Declaration of Independence, The 189
  • Declarations of the Stamp Act Congress 117
  • Declaratory Act, The 135
  • “Despotism of the Majority, The,” william leggett 530
  • “Direct Taxation,” william leggett 528
  • “Discourse at the Dedication of the Tree of Liberty, A,” “a son of liberty” [silas downer] 140
  • Dorchester Agreement 31
  • “Duty of Americans, at the Present Crisis, The,” timothy dwight 433
  • English Bill of Rights, The 106
  • “Essay I,”“brutus314
  • “Essay V,”“brutus382
  • Essex Result, The 205
  • “Examination of the Leading Principles of the Federal Constitution, An,” noah webster 281
  • Familiar Exposition of the Constitution of the United States, A, joseph story 461
  • “Farewell Address,” george washington 72
  • Federalist, The, Papers 1, 9, 10, 39, 47–51, 78; alexander hamilton, james madison, john jay 241
  • Federalist, The, Papers 84–85; alexander hamilton, james madison, john jay 300
  • Fifth Lincoln-Douglas Debate, 1858 702
  • First Fugitive Slave Law, 1852 583
  • First Ten Amendments to the Constitution, The 349
  • “Fort Hill Address,” john c. calhoun 565
  • Fundamental Orders of Connecticut 12
  • “Governor McDuffie’s Message,” william leggett 595
  • Kansas-Nebraska Act 702
  • Kentucky Resolutions 399
  • “Letter I,” “centinel309
  • “Letter III,” “the federal farmer320
  • “Letters from a Farmer in Pennsylvania,” Letters V and IX, john dickinson 146
  • “Letter to the Danbury Baptist Association,” thomas jefferson 88Edition: current; Page: [xii]
  • “Letter to the Hebrew Congregation in Newport,” george washington 71
  • “Letter to the Roman Catholics in the United States of America,” george washington 70
  • “Letter to the United Baptist Churches in Virginia,” george washington 70
  • “Little Speech on Liberty,” john winthrop 34
  • Magna Charta 92
  • Marbury v. Madison, john marshall 366
  • Maryland Act for Church Liberties 64
  • Maryland Act for Swearing Allegiance 32
  • Maryland Law Deeming Runaway Apprentices to Be Felons 582
  • Maryland Resolutions Protesting against Pennsylvanians 584
  • Massachusetts Body of Liberties, The 15
  • Massachusetts Law on Capture and Protection of Servants 582
  • Mayflower Compact, The 11
  • “Memorial and Remonstrance against Religious Assessments,” james madison 327
  • Missouri Compromise, The 594
  • “Morals of Legislation,” william leggett 532
  • “Morals of Politics, The,” william leggett 533
  • New Jersey Plan 232
  • North Carolina Law against Entertaining Runaways 583
  • Northwest Ordinance 225
  • “On Civil Liberty, Passive Obedience, and Non-resistance,” jonathan boucher 159
  • “Opinion against the Constitutionality of a National Bank,” thomas jefferson 474
  • “Opinion as to the Constitutionality of the Bank of the United States,” alexander hamilton 477
  • Pennsylvania Act for Freedom of Conscience 64
  • People v. Ruggles, The, james kent 363
  • Petition of Right 98
  • “Platform of Church Discipline, A” 48
  • Plymouth Oath of Allegiance and Fidelity 33
  • Providence Agreement 64
  • “Question of Slavery Narrowed to a Point, The,” william leggett 596
  • “Relative Position and Treatment of the Negroes, The,” george s. sawyer 665
  • Report of the Hartford Convention 447
  • Report of Virginia House of Delegates 408
  • Resolutions of the Virginia House of Burgesses 117
  • Responses to the Virginia Resolutions, Kentucky, 1798; All Others, 1799 402
  • “Rights of Conscience Inalienable, The,” john leland 79
  • “Rights of the British Colonies Asserted and Proved, The,” james otis 119
  • Scott v. Sandford, roger taney 646
  • Second Fugitive Slave Law, 1850 633
  • Sedition Act 397
  • Senate Speeches on the Compromise of 1850, john c. calhoun and daniel webster 600
  • “Slavery,” john taylor of caroline 589
  • “Slavery Is Despotism,” harriet beecher stowe 698
  • “Speech before the U.S. Senate,” daniel webster 538
  • “Speech before the U.S. Senate,” robert y. hayne 548
  • “Speech Introducing Proposed Constitutional Amendments,” james madison 332
  • “Speech on Electioneering,” davy crockett 536
  • “Speech on the Slavery Question,” john c. calhoun 600
  • Stamp Act, The 110
  • “Thanksgiving Proclamation,” george washington 69
  • “Thoughts on Government,” john adams 196
  • U.S. Constitution, Eleventh Amendment 395
  • “Veto Message,” andrew jackson 491
  • “Veto Message,” james madison 501
  • Virginia and New Jersey Plans 231, 232
  • Virginia Articles, Laws, and Orders 4
  • “Virginia Bill for Establishing Religious Freedom,” thomas jefferson 330
  • Virginia Bill of Rights 157
  • Virginia Plan 231
  • Virginia Resolutions 398
  • “What Is Slavery?” harriet beecher stowe 690
  • Worcestriensis, Number IV 66
Edition: current; Page: [xiii]

Alphabetical List of Authors

Adams, John

Blyfield, Nathanael

Boucher, Jonathan

“Brutus” [Robert Yates?]

Bryan, Robert

Calhoun, John C.

“Centinel” [Samuel Bryan?]

Cotton, John

Crockett, Davy

Dickinson, John

Dwight, Timothy

“Federal Farmer, The” [Melancton Smith]

Hamilton, Alexander

Hayne, Robert Y.

Jackson, Andrew

Jay, John

Jefferson, Thomas

Kent, James

Leggett, William

Leland, John

Lincoln, Abraham

Madison, James

Marshall, John

Mather, Richard

Otis, James

Paine, Thomas

Partridge, Ralph

Sawyer, George S.

“Son of Liberty, A” [Silas Downer]

Story, Joseph

Stowe, Harriet Beecher

Taney, Roger

Taylor, John, of Caroline

Washington, George

Webster, Daniel

Webster, Noah

Williams, John

Williams, Roger

Wilson, James

Winthrop, John

Edition: current; Page: [xiv] Edition: current; Page: [xv]

Illustrations

  • Title page of Colonial Constitution of Pennsylvania 2
  • Portrait of George Washington by John Trumbull 40
  • Portrait of John Adams, colonial leader and second president of the United States 90
  • The original Declaration of Independence 138
  • Fourth U.S. president and Federalist author, James Madison, by Gilbert Stuart 194
  • John Jay, first chief justice and Federalist author; head-and-shoulders engraving by Hall 194
  • Painting of Alexander Hamilton, American statesman and Federalist author 194
  • Engraving of Joseph Story by J. Cheney, from a crayon drawing by W. W. Story 298
  • The Issue of Sovereignty; lithograph by O.E. Woods 380
  • Daniel Webster, senator from Massachusetts 472
  • Robert Y. Hayne, senator from South Carolina 472
  • Election poster for Andrew Jackson’s presidential campaign 472
  • Engraving of Abraham Lincoln, sixteenth president of the United States 580
Edition: current; Page: [xvi] Edition: current; Page: [xvii]

Introduction

In the latter decades of the twentieth century scholars working in varioussubfields of American history brought a great deal of formerly neglectedmaterial to light. This material concerns issues ranging from the role ofreligious arguments and leaders in public life, to the breadth of historicalunderstanding characterizing public debate, to the specifically Britishmemories and sensibilities of Americans, to the importance of earlyconstitutional documents and Americans’ constitutional sophistication. Ineach of these areas the new material has made it possible for scholars toreexamine and reevaluate existing theories regarding the development ofAmerican politics. These new discoveries have opened vast new areas forfruitful research concerning the influences and concerns motivating those whohave helped shape the character of American politics and the American people.Unfortunately, very little of this material is available in a form suitable forclassroom use. This has left teachers to seek outhalf-measures—summarizing on their own or assigning works they know willnot be read—in attempting to present American history in somethingapproaching its true diversity and depth.

Collections by Belz; Hall, Leder, and Kammen; Hyneman and Lutz; Lutz;McDonald; Morgan; Sandoz; and White,1among others; have allowed scholars increased access to constitutionaldocuments, declarations, sermons, and other public writings showing the factorsthat shaped public life in America, both before and after the War forIndependence. Without diminishing the role accorded specifically ideologicalconcerns and philosophical writings, these new materials have helped scholarsbetter evaluate the sources and meanings of public acts ranging from colonialsettlement to the War for Independence, to the Constitution, and to the CivilWar.

No single course, whether in high school, college, or even graduateschool, could deal adequately with all the important materials unearthed inrecent decades. However, by bringing together, in one manageable volume, keyoriginal documents and other writings that throw light on the cultural,religious, and historical concerns that have been raised, this volume aims toprovide the means by which students and teachers may begin examining thediversity of issues and influences that characterize American history.

We now have access to crucial materials attesting to the importance of thecontext in which Americans spoke of practices such as liberty and religiousfreedom. A hitherto neglected literature now can enable scholars and studentsto discuss the American drive for liberty, not merely as a political concept,but as a religious idea, a historical practice, and a constitutional concern tobe guaranteed and given substance through both national institutions and localcustoms.

The readings selected here represent opposite sides of important debatesconcerning, for example, American independence, religious establishment, andslavery. Conclusions regarding America’ nature and development as a nationand as a people will vary, not least because American history is one ofreligious, ideological, and cultural conflict. Such conflicts have pitted thedrive for community against the drive for individual autonomy, the call of Godagainst the call of a wild nature to be confronted in near isolation, thedesire for wealth against the desire to be held virtuous, and the demand forequality against respect for established authority. But exposure to theprincipal public acts and arguments engaged in these conflicts will provide adeeper and more nuanced understanding of their nature and sources—and oftheir influence on American history.

America’ history has been characterized by both continuity andchange. Even before the Civil War, at which point this volume leaves off,American traditions, with their roots deep in the histories of Great Britain,Rome, Greece, Edition: current; Page: [xviii] and Israel, had been markedly transformed by changes incircumstances and public understanding.2 Buteven traditions that have been transformed or weakened over time continue toinfluence public conduct, and with it the shape of both nations and peoples. Bypresenting readings from the perspectives of America’ varied traditions,this volume seeks to help students learn how they might judge the strengths andweaknesses of the conflicting visions that have shaped American history.

organization of the work

This work is in nine sections, each composed of selections of publicwritings intended to illustrate the major philosophical, cultural, and policypositions at issue during crucial eras of American political and culturaldevelopment.

The first section, “Colonial Settlements and Societies,” willprovide documentary evidence of the purposes behind European settlement and thenature of settlements in practice. The second section, “Religious Societyand Religious Liberty in Early America,” will provide materials showingthe pervasive public role of religion in early American public life as well asarguments concerning the importance of religious conscience and the limits thatconscience should place on government support for religious orthodoxy. Thethird section, “Defending the Charters,” will provide materialsshowing the American response to English acts—ranging from James II’revocation of colonial charters during the 1680s to parliamentary taxationduring the 1750s—which Americans interpreted as attacks on theirchartered, English liberties. The fourth section, “The War forIndependence,” will provide materials from all perspectives in the debateover independence—those centered on the chartered rights of Englishmen,those focusing on universal human rights, and those emphasizing loyalty andduty to Great Britain. The fifth section, “A New Constitution,”will provide materials showing the roots of American constitutionalism inearlier English and colonial codes and charters, as well as the Articles ofConfederation. In addition, it will provide important selections dealing withvarious “plans” or proposed constitutions, debates in theConstitutional Convention, and subsequent debates over ratification. The sixthsection, “The Bill of Rights,” will include Federalist andAnti-Federalist arguments concerning the need to protect common law rights aswell as the Anti-Federalist insistence that structural changes were needed inthe proposed Constitution. The seventh section, “State versus FederalAuthority,” will present materials from both sides of issues related tothe question of whether the states or the federal government held finalauthority in determining the course of public policy in America. The eighthsection, “Forging a Nation,” will provide materials regarding thedebate over internal improvements and other federal measures aimed at bindingthe nation more closely together, particularly in the area of commerce. Thefinal section, “Prelude to War,” will focus on the political,cultural, and legal issues underlying the sectional differences that led to theCivil War. Debates concerning the morality and necessity of slavery, as well asattempts to secure political compromise regarding the status of “thepeculiar institution,” will be highlighted; their character and relativeimportance will be further illuminated by selections focusing on the relativepower and position of various regions within the United States.

The volume ends with the prelude to the Civil War, stopping at that pointfor three interconnected reasons: (1) the need to produce a volume that doesnot reach an ungainly length, (2) the prevalence of courses on American historythat split that history into the pre–Civil War era and the era commencingwith the Civil War, and (3) recognition of the revolutionary changes wrought bythe Civil War, making that event the natural stopping point for courses andthis volume.

The placement of specific selections within this vol-ume is intended toanswer two pedagogical needs: that of chronological consistency and that ofissue focus, so that students may see particular topics of importance insufficient depth to give them serious examination. Consequently, while thesections into which the volume is divided generally follow a chronologicalorder, materials within them at times overlap. For example, most writingspresenting the Anti-Federalist critique of the Constitution are found in thesection on the Bill of Rights rather than that on the Constitution. This hasbeen done because the strongest Anti-Federalist arguments took the form ofcalls for revisions to the Constitution—revisions taken up under therubric of amendments intended to protect the rights of the people. Not allAnti-Federalist concerns were addressed by the first Congress as it considered these Edition: current; Page: [xix] amendments. A key question in American history, however, concerns whetherAnti-Federalist fears were addressed at all in that Congress or by thoseamendments we now call the Bill of Rights. Lincoln’ relatively late“Address to the Wisconsin State Agricultural Society” also might beseen as coming at an “unchronological” place in the volume—inthis case in the section on “Forging a Nation,” before that on the“Prelude to War.” Again, the reasoning is thematic. In this addressLincoln lays out his vision of America and the cultural as well as the economicpromise of industrialization. Such issues are closely tied to debates overinternal improvements and other concerns separating American regions. Theseconcerns helped polarize the nation, but only after the slavery issue came tothe forefront and exacerbated regional polarizations did they help toprecipitate the Civil War.

Thanks are owed to the members of this volume’ advisory board. I alsothank James McClellan for important suggestions during the early development ofthis volume and Donald Livingston, Clyde Wilson, and Robert Waters for helpfulsuggestions. Any mistakes in judgment, selection, or performance are minealone. Finally, I owe a special debt of gratitude to my wife, Antonia, for herpatience and support.

Edition: current; Page: [xx] Edition: current; Page: [xxi]

Note on the Texts

The editor has sought to make only a bare minimum of changes to the textsincluded in this volume, so as to convey the flavor as well as content of thewritings. Changes are limited to the following: The use of asterisks to markdeleted text has been replaced with the use of ellipses. Asterisks insertedwithout clear meaning or intent have been deleted, as have marginalia,extraneous quotation marks, and page numbers from previous editions that hadbeen inserted in various texts. The letters “f” and “s”have been properly distinguished. Some of the longer titles have been shortenedin accordance with modern usage. Headings in which the original text usedanachronistic fonts or, for example, all capital letters, have been modernizedand standardized.

The work of preceding editors in modernizing punctuation and spelling hasnot been tampered with. The editors of these previous volumes all expressed adesire to maintain strict fidelity to the original text and therebyincorporated only such minor modernizations in spelling, grammar, andpunctuation as were absolutely necessary to promote readability andconsistency. Those readers seeking specifics on such issues may find them inthe relevant source volumes in the bibliography.

The principal issue of concern to the lay reader will be the inclusion ofmaterial in brackets. Such brackets denote material filled in by the editor,material questionable as to its true authorship, or in some instances textmissing from the original.

Only those footnotes deemed necessary for understanding of the text havebeen reproduced here. However, in some instances (e.g., selections fromDickinson, Boucher, Noah Webster, and Story) footnotes are integral to thetext, and in others explanatory notes are necessary. Footnotes of earliereditors are marked “Ed.” and those few footnotes added by thecurrent editor are marked “B. F.”

In reproducing the fifth Lincoln-Douglas debate it was necessary tostandardize fonts and to eliminate headings and subheadings inserted by theprevious editors.

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part one: Colonial Settlements and Societies

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No people has a true “beginning.” Just as individuals come from families and neighborhoods, which instill them with certain beliefs and habits from an early age, so peoples come from other places and communities; they do not simply assemble and form themselves out of thin air. But the study of a people’s inheritance must end somewhere. There must come a point at which we say, “Here are the basic, fundamental events and actions that set members of one community on their way to forming another.” With Americans that point is the beginning of formal settlement in the New World.

Settlers brought to America a wealth of traditions, beliefs, habits, and motivations. They did not come to the New World as clean slates, nor did they write upon clean slates in forming new communities. Whether fleeing persecution, seeking wealth, or striving to establish a more godly community, they had to operate within the restrictions established by their charters or grants from the British king. Most obviously, these charters set down what authority would rule over settlers in each colony, whether it was a single proprietor, a governor answerable to the king, or a corporation set up under the king’s auspices that also had to answer to the royal power. But troubles in Great Britain and the difficulties of long-distance travel in an era of wind-powered ships gave the settlers vast leeway in establishing local political, economic, and religious communities. This is not to say that events in Great Britain were irrelevant to those in the New World. The time of settlement was one of great unrest; it included the era of constitutional conflict between King James I and Parliament, followed by the English Civil War (I842–49), which resulted in the beheading of Charles I and was itself followed by more than a decade of dictatorship under Oliver Cromwell and his Puritan army. But settlers in America exercised great freedom in establishing rules by which to govern themselves.

governing documents

For many centuries, the English people have had a particular faith in the power of the written word, and especially in the power of written documents to establish the means by which they were to be governed. Thus, despite the varying reasons for which English settlers came to America, written documents played a crucial role in the founding of the English colonies. And, despite many differences, these documents share important characteristics: an emphasis on the community’s duties to God and on God’s role as protector and judge of the community; a call on members of the community to serve the public good; and a reliance on written laws to enforce virtue and good order. In addition, by 1638, with the restoration of power to the Virginia House of Burgesses, legislative deliberation and consent were established as central governing principles in the American colonies. Documents in this section include frames of government that spell out how authority and lawmaking power shall be determined and list laws detailing rights, duties, and penalties for law-breaking. They also include more generalized covenants binding communities together in pursuit of a virtuous, religious life as well as more specific acts aimed at establishing workable township governance and securing the loyalty of the governors and the governed.

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Virginia Articles, Laws, and Orders I610–11

Virginia, the first English colony in America, was set up with a view toward economic profit. In the early years there were no profits. Life was harsh, and many people died from disease, hunger, and skirmishes with the Indians. The governing council, appointed in England, could not keep order, and the governor declared martial law. The following articles, issued by decree, were intended to restore order. Religion was accorded a crucial role in teaching the habits of good conduct during this era, and there was a common reliance in England and the other nations of Europe as well as in Virginia on the death penalty for a large number of offenses.

Articles, Laws, and Orders, Divine, Politic, and Martial for the Colony in Virginia

Articles, Lawes, and Orders, Divine, Politique, and Martiall for the Colony in Virginea: first established by Sir Thomas Gates Knight, Lieutenant Generall, the 24th of May 1610, exemplified and approved by the Right Honourable Sir Thomas West Knight, Lord Lawair, Lord Governor and Captaine Generall the 12th day of June 1610. Againe exemplified and enlarged by Sir Thomas Dale Knight, Marshall, and Deputie Governour, the 22nd of June, 1611.

Whereas his Majestie like himselfe a most zealous Prince hath in his owne Realmes a principall care of true Reli-gion, and reverence to God, and hath alwaies strictly commaunded his Generals and Governours, with all his forces wheresoever, to let their waies be like his ends for the glorie of God.

And forasmuch as no good service can be performed, or warre well managed, where militarie discipline is not observed, and militarie discipline cannot be kept, where the rules or chiefe parts thereof, be not certainely set downe, and generally knowne, I have (with the advise and counsell of Sir Thomas Gates Knight, Lieutenant Generall) adhered unto the lawes divine, and orders politique, and martiall of his Lordship (the same exemplified) an addition of such others, as I have found either the necessitie of the present State of the Colonie to require, or the infancie, and weaknesses of the body thereof, as yet able to digest, and doe now publish them to all persons in the Colonie, that they may as well take knowledge of the Lawes themselves, as of the penaltie and punishment, which without partialitie shall be inflicted upon the breakers of the same.

  • 1.

    First since we owe our highest and supreme duty, our greatest, and all our allegeance to him, from whom all power and authoritie is derived, and flowes as from the first, and onely fountaine, and being especiall souldiers emprest in this sacred cause, we must alone expect our successe from him, who is only the blesser of all good attempts, the King of kings, the commaunder of commaunders, and Lord of Hostes, I do strictly commaund and charge all Captaines and Officers, of what qualitie or nature soever, whether commanders in the field, or in towne, or townes, forts or fortresses, to have a care that the Almightie God bee duly and daily served, and that they call upon their people to heare Sermons, as that also they diligently frequent Morning and Evening praier themselves by their owne exemplar and daily life, and duties herein, encouraging others thereunto, and that such, who shall often and wilfully absent themselves, be duly punished according to the martiall law in that case provided.

  • 2.

    That no man speake impiously or maliciously, against the holy and blessed Trinitie, or any of the three persons, that is to say, against God the Father, God the Son, and God the holy Ghost, or against the knowne Articles of the Christian faith, upon paine of death.

  • 3.

    That no man blaspheme Gods holy name upon paine of death, or use unlawful oathes, taking the name of God in vaine, curse, or banne,1 upon paine of severe punishment for the first offence so committed, and for the second, Edition: current; Page: [5] to have a bodkin 2 thrust through his tongue, and if he continues the blaspheming of Gods holy name, for the third time so offending, he shall be brought to a martiall court, and there receive censure of death for his offence.

  • 4.

    No man shall use any traiterous words against his Majesties Person, or royall authority upon paine of death.

  • 5.

    No man shall speake any word, or do any act, which may tend to the derision, or despight 3 of Gods holy word upon paine of death: Nor shall any man unworthily demeane himself unto any Preacher, or Minister of the same, but generally hold them in all reverent regard, and dutiful intreatie, 4 otherwise he the offender shall openly be whipt three times, and ask publike forgivenesse in the assembly of the congregation three several Saboth Daies.

  • 6.

    Everie man and woman duly twice a day upon the first towling of the Bell shall upon the working daies repaire unto the Church, to hear divine Service upon pain of losing his or her dayes allowance for the first omission, for the second to be whipt, and for the third to be condemned to the Gallies for six Moneths. Likewise no man or woman shall dare to violate or breake the Sabboth by any gaming, publique or private abroad, or at home, but duly sanctifie and observe the same, both himselfe and his familie, by preparing themselves at home with private prayer, that they may be the better fitted for the publique, according to the commandements of God, and the orders of our Church, as also every man and woman shall repaire in the morning to the divine service, and Sermons preached upon the Saboth day, and in the afternoon to divine service, and Catechising, upon paine for the first fault to lose their provision, and allowance for the whole weeke following, for the second to lose the said allowance, and also to be whipt, and for the third to suffer death.

  • 7.

    All Preachers or Ministers within this our Colonie, or Colonies, shall in the Forts, where they are resident, after divine Service, duly preach every Sabbath day in the forenoone, and Catechise in the afternoone, and weekly say the divine service, twice every day, and preach every Wednesday, likewise every Minister where he is resident, within the same Fort, or Fortresse, Townes or Towne, shall chuse unto him, foure of the most religious and better disposed as well to informe of the abuses and neglects of the people in their duties, and service to God, as also to the due reparation, and keeping of the Church handsome, and fitted with all reverent observances thereunto belonging: likewise every Minister shall keepe a faithful and true Record, or Church Booke of all Christnings, Marriages, and deaths of such our people, as shall happen within their Fort, or Fortresses, Townes or Towne at any time, upon the burthen of a neglectfull conscience, and upon paine of losing their Entertainment. 5

  • 8.

    He that upon pretended malice, shall murther or take away the life of any man, shall bee punished with death.

  • 9.

    No man shal commit the horrible, and detestable sins of Sodomie upon pain of death; and he or she that can be lawfully convict of Adultery shall be punished with death. No man shall ravish or force any woman, maid or Indian, or other, upon pain of death, and know that he or shee, that shall commit fornication, and evident proofe made thereof, for their first fault shall be whipt, for the second they shall be whipt, and for their third they shall be whipt three times a weeke for one month, and aske publique forgivenesse in the Assembly of the Congregation.

  • 10.

    No man shall bee found guilty of Sacriledge, which is a Trespasse as well committed in violating the abusing any sacred ministry, duty or office of the Church, irreverently, or prophanely, as by beeing a Church robber, to filch, steale or carry away anything out of the Church appertaining thereunto, or unto any holy, and consecrated place, to the divine Service of God, which no man should doe upon paine of death: likewise he that shall rob the store of any commodities therein, of what quality soever, whether provisions of victuals, or of arms, Trucking stuffe, 6 Apparrell, Linnen, or Wollen, Hose or Shooes, Hats or Caps, Instruments or Tooles of Steele, Iron, etc. or shall rob from his fellow souldier, or neighbor, any thing that is his, victuals, apparell, household stuffe, toole, or what necessary else soever, by water or land, out of boate, house, or knapsack, shall bee punished with death.

  • 11.

    Hee that shall take an oath untruly, or beare false witnesse in any cause, or against any man whatsoever, shall be punished with death.

  • 12.

    No manner of person whatsoever, shall dare to detract, Edition: current; Page: [6] slaunder, columniate, or utter unseemly, and unfitting speeches, either against his Majesties Honourable Councell for this Colony, resident in England, or against the Committees, Assistants unto the said Councell, or against the zealous indeavors, and intentions of the whole body of Adventurers for this pious and Christian Plantation, or against any publique book, or bookes, which by their mature advise, and grave wisdomes, shall be thought fit, to be set foorth and publisht, for the advancement of the good of this Colony, and the felicity thereof, upon paine for the first time so offending, to be whipt three severall times, and upon his knees to acknowledge his offence and to aske forgivenesse upon the Saboth day in the assembly of the congregation, and for the second time so offending to be condemned to the Galley for three yeares, and for the third time so offending to be punished with death.

  • 13.

    No manner of person whatsoever, contrarie to the word of God (which tyes every particular and private man, for conscience sake to obedience), and duty of the Magistrate, and such as shall be placed in authoritie over them, shall detract, slaunder, calumniate, murmur, mutenie, resist, disobey, or neglect the commaundments, either of the Lord Governour, and Captaine Generalle, the Lieutenant Generall, the Martiall, the Councell, or any authorised Captaine, Commaunder or publike Officer, upon paine for the first time so offending to be whipt three severall times, and upon his knees to acknowledge his offence, with asking forgivenesse upon the Saboth day in the assembly of the congregation, and for the second time so offending to be condemned to the Gally for three yeares: and for the third time so offending to be punished with death.

  • 14.

    No man shall give any disgraceful words, or commit any act to the disgrace of any person in this Colonie, or any part thereof, upon paine of being tied head and feete together, upon the guard everie night for the space of one moneth, besides to bee publikely disgraced himselfe, and be made incapable ever after to possesse any place, or execute any office in this imployment.

  • 15.

    No man of what condition soever shall barter, trucke, or trade with the Indians, except he be thereunto appointed by lawful authority upon paine of death.

  • 16.

    No man shall rifle or dispoile, by force or violence, take away any thing from any Indian coming to trade, or otherwise, upon paine of death.

  • 17.

    No Cape Marchant, 7 or Provant Master, 8 or Munition Master, or Truck Master, or keeper of any store, shall at any time imbezell, sell, or give away any thing under his Charge to any Favorite, of his, more than unto any other, whome necessity shall require in that case to have extraordinary allowance of provisions, nor shall they give a false accompt unto the Lord Governour, and Captaine Generall, unto the Lieutenant Generall, unto the Marshall, or any deputed Governor, at any time having the commaund of the Colony, with intent to defraud the said Colony, upon paine of death.

  • 18.

    No man shall imbezel or take away the goods of any man that dyeth, or is imployed from the town or Fort where he dwelleth in any other occasioned remote service, for the time, upon pain of whipping three severall times, and restitution of the said goods againe, and in danger of incurring the penalty of the tenth Article, if so it may come under the construction of theft. And if any man die and make a will, his goods shall be accordingly disposed; if hee die intestate, his goods shall bee put into the store, and being valued by two sufficient praisors, his next of kinne (according to the common Lawes of England), shall from the Company, Committees, or adventurers, receive due satisfaction in moneys, according as they were praised, by which means the Colonie shall be better furnished; and the goods more carefully preserved, for the right heire, and the right heire receive content for the same in England.

  • 19.

    There shall be no Capttain, Master, Marriner, saylor, or any else of what quality or condition soever, belonging to any Ship or Ships, at this time remaining, or which shall hereafter arrive within this our River, bargaine, buy, truck, or trade with any one member in this Colony, man, woman, or child, for any toole or instrument of iron, steel, or what else, whether appertaining to Smith Carpenter, Joyner, Shipwright, or any manuall occupation, or handicraft man whatsoever, resident within our Colonie, nor shall they buy or bargaine, for any apparell, linnen, or wollen, householdstuffe, bedde, bedding, sheete towels, napkins, brasse, pewter, or such like, eyther for ready money, or provisions, nor shall they exchange their provisions, of what quality soever, whether Butter, Cheese, Edition: current; Page: [7] Bisket, meal, Oatmele, Aquavite, 9 oyle, Bacon, any kind of Spice, or such like, for any such aforesaid instruments, or tooles, apparell, or householdstuffe, at any time, or so long as they shall here remain, from the date of these presents upon paine of losse of their wages in England, confiscation and forfeiture of such their monies and provisions, and upon peril beside of such corporall punishment as shall be inflicted upon them by verdict and censure of a martiall Court: Nor shall any officer, souldier, or Trades man, or any else of what sort soever, members of this Colony, dare to sell any such Toole, or instruments, necessary and usefull, for the businesse of the Colonie, or trucke, sell, exchange, or give away his apparell, or household stuffe of what sort soever, unto any such Seaman, either for mony, or any such foresaid provisions, upon paine of 3 times severall whipping, for the one offender, and the other upon perill of incurring censure, whether of disgrace, or addition of such punishment, as shall bee thought fit by a Court martiall.

  • 20.

    Whereas sometimes heeretofore the covetous and wide affections of some greedy and ill disposed Seamen, Saylers, and Marriners, laying hold upon the advantage of the present necessity, under which the Colony sometimes suffered, have sold unto our people, provisions of Meale, Oatmeale, Bisket, Butter, Cheese etc., at unreasonable rates, and prises unconscionable: for avoiding the like to bee now put in practise, there shall no Captain, Mas-ter, Marriner, or Saylor, or what Officer else belonging to any ship, or shippes, now within our river, or heereafter which shall arrive, shall dare to bargaine, exchange, barter, truck, trade, or sell, upon paine of death, unto any one Landman 10 member of this present Colony, any provisions of what kind soever, above the determined valuations, and prises, set downe and proclaimed, and sent therefore unto each of your severall ships, to bee fixed uppon your Maine mast, to the intent that want of due notice, and ignorance in this case, be no excuse, or plea, for any offender herein.

  • 21.

    Sithence 11 we are not to bee a little carefull, and our young Cattell, and Breeders may be cherished, that by the preservation, and incrase of them, the Colony heere may receive in due time assured and great benefite, and the adventurers at home may be eased of so great a burthen, by sending unto us yeerely supplies of this kinde, which now heere for a while, carefully attended, may turne their supplies unto us into provisions of other qualities, when of these wee shall be able to subsist our selves, and which wee may in short time, be powerful enough to doe, if we wil according to our owne knowledge of what is good for our selves, forbeare to work into our own wants, againe, by over hasty destroying, and devouring the stockes, and authors of so profitable succeeding a Commodity, as increase of Cattell, Kine, Hogges, Goates, Poultrie etc. must of necessity bee granted, in every common mans judgement, to render unto us: Now know thee therefore, these promises carefully considered, that it is our will and pleasure, that every one, of what quality or condition soever hee bee, in this present Colony, to take due notice of this our Edict, whereby wee do strictly charge and command, that no man shall dare to kill, or destroy any Bull, Cow, Calfe, Mare, Horse, Colt, Goate, Swine, Cocke, Henne, Chicken, Dogge, Turkie, or any tame Cattel, or Poultry, of what condition soever; whether his owne, or appertaining to another man, without leave from the Generall, upon paine of death in the Principall, and in the accessary, burning in the Hand, and losse of his eares, and unto the concealer of the same four and twenty houres of whipping, with addition of further punishment, as shall be thought fitte by the censure, and verdict of a Martiall Court.

  • 22.

    There shall no man or woman, Launderer or Launderesse, dare to wash any uncleane Linnen, drive bucks, 12 or throw out the water or sudes of fowle cloathes, in the open streete, within the Pallizadoes, 13 or within forty foote of the same, nor rench, 14 and make cleane, any kettle, pot, or pan, or such like vessell within twenty foote of the olde well, or new pump; nor shall any one aforesaid, within less than a quarter of one mile from the pallizadoes, dare to doe the necessities of nature, since by these unmanly, slothfull, and loathsome immodesties, the whole Fort may bee choaked, and poisoned with ill aires, and so corrupt (as in all reason cannot but much infect the same) and this shall they take notice of, and avoide, upon paine of whipping Edition: current; Page: [8] and further punishment, as shall be thought meete, by the censure of a martiall Court.

  • 23.

    No man shall imbezell, lose, or willingly breake, or fraudulently make away, either Spade, Shovell, Hatchet, Axe, Mattocke, 15 or other toole or instrument upon paine of whipping.

  • 24.

    Any man that hath any edge toole, either of his owne, or which hath heeretofore beene belonging to the store, see that he bring it instantly to the storehouse, where he shall receive it againe by a particular note, both of the toole, and of his name taken, that such a toole unto him appertaineth, at whose hands, upon any necessary occasion, the said toole may be required, and this shall he do, upon paine of severe punishment.

  • 25.

    Every man shall have an especiall and due care, to keepe his house sweete and cleane, as also so much of the streete, as lieth before his door, and especially he shall so provide, and set his bedstead whereon he lieth, that it may stand three foote at least from the ground, as will answere the contrarie at a martiall Court.

  • 26.

    Every tradesman in their severall occupation, trade and function, shall duly and daily attend his worke upon his said trade or occupation, upon perill for his first fault, and negligence therein, to have his entertainment checkt for one moneth, for his second fault three moneth, for his third one yeare, and if he continue still unfaithfull and negligent therein, to be condemned to the Gally for three yeare.

  • 27.

    All overseers of workemen, shall be carefull in seeing that performed, which is given them in charge, upon paine of such punishment as shall be inflicted upon him by a martiall Court.

  • 28.

    No souldier or tradesman, but shall be readie, both in the morning, and in the afternoone, upon the beating of the Drum, to goe out unto his worke, nor shall hee return home, or from his worke, before the Drum beate againe, and the officer appointed for that business, bring him of, upon perill for the first fault to lie upon the Guard head and heeles together all night, for the second time so faulting to be whipt, and for the third time so offending to be condemned to the Gallies for a yeare.

  • 29.

    No man or woman, (upon paine of death) shall runne away from the Colonie, to Powhathan, or any savage Weroance 16 else whatsoever.

  • 30.

    He that shall conspire any thing against the person of the Lord Governour, and Captaine Generall, against the Lieutenant Generall, or against the Marshall, or against any publike service commaunded by them, for the dignitie, and advancement of the good of the Colony, shall be punished with death: and he that shall have knowledge of any such pretended act of disloyalty or treason, and shall not reveale the same unto his Captaine, or unto the Governour of that fort or Towne wherein he is, within the space of one houre, shall for the concealing of the same after that time, be not onely held an accessary, but alike culpable as the principall traitor or conspirer, and for the same likewise he shall suffer death.

  • 31.

    What man or woman soever, shall rob any garden, publike or private, being set to weed the same, or wilfully pluck up therein any roote, herbe, or flower, to spoile and wast or steale the same, or robbe any vineyard, or gather up the grapes, or steale any eares of the corne growing, whether in the ground belonging to the same fort or towne where he dwelleth, or in any other, shall be punished with death.

  • 32.

    Whosoever Seaman, or Landman or what qualitie, or in what place of commaund soever, shall be imployed upon any discovery, trade, or fishing voiage into any of the rivers within the precincts of our Colonie, shall for the safety of those men who are committed to his commaund, stand upon good and carefull guard, for the prevention of any treachery in the Indian, and if they touch upon any shore, they shal be no less circumspect, and warie, with good and carefull guard day and night, putting forth good Centinell, and observing the orders and discipline of watch and ward, and when they have finished the discovery, trade, or fishing, they shall make hast with all speed, with such Barke or Barkes, Pinisse, Gallie, Ship. etc. as they shall have the commaund of, for the same purpose, to James towne againe, not presuming to goe beyond their commission, or to carry any such Barke or Barkes, Gally, Pinnice, Ship. etc. for England or any other countrey in the actual possession of any Christian Prince, upon perill to be held an enemie to this plantation, and traitor thereunto, and accordingly to lie liable unto such censure of punishment (if they arrive in England) as shall be thought fit by the Right Honourable Lords, his Majesties Councell for this Colonie, and if it shall so happen, that he or they shall be prevented, and brought backe hither againe into the Colonie, their trecherous flight to be punished with death.

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  • 33.

    There is not one man nor woman in this Colonie now present, or hereafter to arrive, but shall give up an account of his and their faith, and religion, and repaire unto the Minister, that by his conference with them, hee may understand, and gather, whether heretofore they have beene sufficiently instructed, and catechised in the principles and grounds of Religion, whose weaknesse and ignorance herein, the Minister finding, and advising them in all love and charitie, to repaire often unto him, to receive therein a greater measure of knowledge, if they shal refuse so to repaire unto him, and he the Minister give notice thereof unto the Governour, or that chiefe officer of that towne or fort, wherein he or she, the parties so offending shall remaine, the Governour shall cause the offender for his first time of refusall to be whipt, for the second time to be whipt twice, and to acknowledge his fault upon the Saboth day, in the assembly of the congregation, and for the third time to be whipt every day until he heath made the same acknowledgement, and asked forgivenesse for the same, and shall repaire unto the Minister, to be further instructed as aforesaid: and upon the Saboth when the Minister shall catechise, and of him demaund any question concerning his faith and knowledge, he shall not refuse to make answere upon the same perill.

  • 34.

    What man or woman soever, Laundrer or Laundresse appointed to wash the foule linnen of any one labourer or souldier, or any one else as it is their duties so to doe, performing little, or no other service for their allowance out of the store, and daily provisions, and supply of other necessaries unto the Colonie, and shall from the said labourer or souldier, or any one else of what qualitie whatsoever, either take any thing for washing, or withhold or steale from him any such linnen committed to her to wash, or change the same willingly and wittingly, with purpose to give him worse, old and torne linnen for his good, and proofe shall be made thereof, she shall be whipped for the same, and lie in prison till she make restitution of such linnen, withheld or changed.

  • 35.

    No Captaine, Master, or Mariner, of what condition soever, shall depart or carry out of the river, any Ship, Barke, Barge, Gally, Pinnace etc. Roaders 17 belonging to the Colonie, either now therein, or hither arriving, without leave and commission from the Generall or chiefe Commaunder of the Colonie upon paine of death.

  • 36.

    No man or woman whatsoever, members of this Colonie, shall sell or give unto any Captine, Marriner, Master, or Sailer, etc. any commoditie of this countrey, of what quality soever, to be transported out of the Colonie, for his or their owne private uses, upon paine of death.

  • 37.

    If any souldier indebted, shall refuse to pay his debts unto his creditor, his creditor shall informe his Captaine, if the Captaine cannot agree the same, the creditor shall informe the Marshals civill and principall officer, who shall preferre for the creditor a bill of complaint at the Marshals Court, where the creditor shal have Justice.

All such Bakers as are appointed to bake bread, or what else, either for the store to be given out in generall, or for any one in particular, shall not steale nor imbezell, loose, or defraud any man of his due and proper weight and measure, nor use any dishonest and deceiptfull tricke to make the bread weight heavier, or make it courser upon purpose to keepe backe any part or measure of the flower or meale committed unto him, nor aske, take, or detaine any one loafe more or lesse for his hire or paines for so baking, since whilest he who delivered unto him such meale or flower, being to attend the businesse of the Colonie, such baker or bakers are imposed upon no other service or duties, but onely so to bake for such as do worke, and this shall hee take notice of, upon paine for the first time offending herein of losing his eares, and for the second time to be condemned a yeare to the Gallies, and for the third time offending, to be condemned to the Gallies for three yeares.

All such cookes as are appointed to seeth, 18 bake or dresse any manner of way, flesh, fish, or what else, of what kind soever, either for the generall company, or for any private man, shall not make lesse, or cut away any part or parcel of such flesh, fish, etc. Nor detaine or demaund any party or parcell, as allowance or hire for his so dressing the same, since as aforesaid of the baker, hee or they such Cooke or Cookes, exempted from other publike works abroad, are to attend such seething and dressing of such publike flesh, fish, or other provisions of what kind soever, as their service and duties expected from them by the Colony, and this shall they take notice of, upon paine for the first time offending herein, of losing his eares, and for the second time to be condemned a yeare to the Gallies: and for the third time offending to be condemned to the Gallies for three years.

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All fishermen, dressers of Sturgeon or such like appointed to fish, or to cure the said Sturgeon for the use of the Colonie, shall give a just and true account of all such fish as they shall take by day or night, of what kinds soever, the same to bring unto the Governour: As also of all such kegges of Sturgeon or Caviare as they shall prepare and cure upon perill for the first time offending heerein, of loosing his eares, and for the second time to be condemned a yeare to the Gallies, and for the third time offending, to be condemned to the Gallies for three yeares. Every Minister or Preacher shall every Sabboth day before Catechising, read all these lawes and ordinances, publikely in the assembly of the congregation upon paine of his entertainment checkt for that weeke.

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The Mayflower Compact November 11, 1620

The Puritans originally sought to settle near preexisting communities in the colony of Virginia. Their ship, the Mayflower, was blown off course, and they landed far to the north. But they had intended from the first to establish a separate community devoted to a pious life lived in common. They self-consciously formed this community among themselves, without looking to a higher temporal authority, through the Mayflower Compact.

The Mayflower Compact

In the Name of God, Amen. We whose Names are under-written, the Loyal Subjects of our dread Soveraign Lord King James, by the grace of God of Great Britain, France and Ireland, King, Defendor of the Faith &c. Having undertaken for the glory of God, and advancement of the Christian Faith, and the Honour of our K[i]ng and Countrey, a Voyage to plant the first Colony in the Northern parts of Virginia; Do by these Presents, solemnly and mutually, in the presence of God and one another, Covenant and Combine our selves together into a Civil Body Politick, for our better ordering and preservation, and furtherance of the ends aforesaid: and by virtue hereof do enact, constitute, and frame, such just and equal Laws, Ordinances, Acts, Constitutions and Officers, from time to time, as shall be thought most meet and convenient for the general good of the Colony; unto which we promise all due submission and obedience. In witness whereof we have hereunto subscribed our Names at Cape Cod, the eleventh of November, in the Reign of our Soveraign Lord King James, of England, France and Ireland the eighteenth, and of Scotland the fifty fourth, Anno Dom. 1620.

  • John Carver,
  • Digery Priest,
  • William Bradford,
  • Thomas Williams,
  • Edward Winslow,
  • Gilbert Winslow,
  • William Brewster,
  • Edmund Margesson,
  • Isaac Allerton,
  • Peter Brown,
  • Myles Standish,
  • Richard Britteridge,
  • John Alden,
  • George Soule,
  • John Turner,
  • Edward Tilly,
  • Francis Eaton,
  • John Tilly,
  • James Chilton,
  • Francis Cooke,
  • John Craxton,
  • Thomas Rogers,
  • John Billington,
  • Thomas Tinker,
  • Joses Fletcher,
  • John Ridgdale,
  • John Goodman,
  • Edward Fuller,
  • Samuel Fuller,
  • Richard Clark,
  • Christopher Martin,
  • Richard Gardiner,
  • William Mullins,
  • John Allerton,
  • William White,
  • Thomas English,
  • Richard Warren,
  • Edward Doten,
  • John Howland,
  • Edward Liester.
  • Steven Hopkins
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Fundamental Orders of Connecticut January 14, 1639

English settlements were formed with the official sanction, and under the English-written rules, of colonial charters. But these charters were often undermined by events in the New World—most particularly by the movement of people seeking better land, safety, and other considerations important to their survival and way of life. In 1639, communities officially falling under the authority of the charters for Connecticut and the separate colony of New Haven found it in their interest to combine their governments. The result was the Fundamental Orders of Connecticut, one of the first written constitutions in America. It was essentially ratified in 1662 by the king, made the state constitution in 1776 (references to the king being omitted), and remained in effect until it was finally replaced in 1816.

Fundamental Orders of Connecticut

Forasmuch as it hath pleased the Allmighty God by the wise disposition of his diuyne 1 pruidence so to Order and dispose of things that we the Inhabitants and Residents of Windsor, Harteford and Wethersfield are now cohabiting and dwelling in and vppon the River of Conectecotte and the Lands thereunto adioyneing; and Well knowing where a people are gathered togather the word of God requires that to mayntayne the peace and vnion of such a people there should be an orderly and decent Gouerment established according to God, to order and dispose of the affayres of the people at all seasons as occation shall require; doe therefore assotiate and conioyne our selues to be as one Publike State or Commonwelth; and doe, for our selues and our Successors and such as shall be adioyned to vs att any tyme hereafter, enter into Combination and Confederation togather, to mayntayne and prsearue the liberty and purity of the gospell of our Lord Jesus wch we now prfesse, as also the disciplyne of the Churches, wch according to the truth of the said gospell is now practised amongst vs; As also in o[u]r Cieuell 2 Affaires to be guided and gouerned according to such Lawes, Rules, Orders and decrees as shall be made, ordered & decreed, as followeth:—

  • 1.

    It is Ordered, sentenced and decreed, that there shall be yerely two generall Assemblies or Courts, the [first] on the second thursday in Aprill, the other the second thursday in September, following; the first shall be called the Courte of Election, wherein shall be yerely Chosen fro[m] tyme to tyme soe many Magestrats and other publike Officers as shall be found requisitte: Whereof one to be chosen Gouernour for the yeare ensueing and vntill another be chosen, and noe other Magestrate to be chosen for more then one yeare; pruided allwayes there be sixe chosen besids the Gouernour; wch being chosen and sworne according to an Oath recorded for that purpose shall haue power to administer iustice according to the Lawes here established, and for want thereof according to the rule of the word of God, wch choise shall be made by all that are admitted freemen and haue taken the Oath of Fidellity, and doe cohabitte wthin this Jurisdiction, (Hauing been admitted Inhabitants by the major prt of the Towne wherein they liue,) or the mayor prte of such as shall be then prsent.

  • 2.

    It is Ordered, sentensed and decreed, that the Election of the aforesaid Magestrats shall be on this manner: euery prson prsent and quallified for choyse shall bring in (to the prsons deputed to receaue them) one single papr wth the name of him written in yt whome he desires to haue Gouernour, and he that hath the greatest number of papers shall be Gouernor for that yeare. And the rest of the Magestrats or publike Officers to be chosen in this manner: The Secrtary for the tyme being shall first read the names of all that are to be put to choise and then shall seuerally nominate them distinctly, and euery one that would haue the prson nominated to be chosen shall bring in one single paper written vppon, and he that would not haue him chosen shall bring in a blanke: and euery one that hath more written papers than blanks shall be a Magistrat for that yeare; wch papers shall be receaued and told by one or more Edition: current; Page: [13] that shall be then chosen by the court and sworne to be faythfull therein; but in case there should not be sixe chosen as aforesaid, besids the Gouernor, out of those wch are nominated, then he or they wch haue the most written paprs shall be a Magestrate or Magestrats for the ensueing yeare, to make vp the aforesaid number.

  • 3.

    It is Ordered, sentenced and decreed, that the Secretary shall not nominate any prson, nor shall any prson be chosen newly into the Magestracy wch was not prpownded in some Generall Courte before, to be nominated the next Election; and to that end yt shall be lawfull for ech of the Townes aforesaid by their deputyes to nominate any two who they conceaue fitte to be put to election; and the Courte may ad so many more as they iudge requisitt.

  • 4.

    It is Ordered, sentenced and decreed that noe prson be chosen Gouernor aboue once in two years, and that the Gouernor be always a member of some approved congregation, and formerly of the Magestracy wthin this Jurisdiction; and all the Magestrats Freemen of this Comonwelth: and that no Magestrate or other publike officer shall execute any prte of his or their Office before they are seuerally sworne, wch shall be done in the face of the Courte if they be prsent, and in case of absence by some deputed for that purpose.

  • 5.

    It is Ordered, sentenced and decreed, that to the aforesaid Courte of Election the seurall Townes shall send their deputyes, and when the Elections are ended they may prceed in any publike searuice as at other Courts. Also the other Generall Courte in September shall be for makeing of lawes, and any other publike occation, wch conserns the good of the Commonwealth.

  • 6.

    It is Ordered, sentenced and decreed, that the Gournor shall, ether by himselfe or by the secretary, send out summons to the Constables of eur 3 Towne for the cauleing of these two standing Courts, on month at lest before their seurall tymes: And also if the Gournor and the gretest prte of the Magestrats see cause vppon any spetiall occation to call a generall Courte, they may giue order to the secretary soe to do wthin fowerteene dayes warneing; and if vrgent necessity so require, vppon a shorter notice, giueing sufficient grownds for yt to the deputyes when they meete, or else be questioned for the same; And if the Gournor and Mayor 4 prte of Magestrats shall ether neglect or refuse to call the two Generall standing Courts or ether of them, as also at other tymes when to occations of the Commonwelth require, the Freemen thereof, or the Mayor prte of them, shall petition to them soe to doe: if then yt be ether denyed or neglected the said Freemen or the Mayor prte of them shall haue power to giue order to the Constables of the seuerall Townes to doe the same, and so may meete togather, and chuse to themselues a Moderator, and may prceed to do any Acte of power, wch any other Generall Courte may.

  • 7.

    It is Ordered, sentenced and decreed that after there are warrants giuen out for any of the said Generall Courts, the Constable or Constables of ech Towne shall forthwth give notice distinctly to the inhabitants of the same, in some Publike Assembly or by goeing or sending from howse to howse, that at a place and tyme by him or them lymited and sett, they meet and assemble themselues togather to elect and chuse certen deputyes to be att the Generall Courte then following to agitate the afayres of the comonwelth; wch said Deputyes shall be chosen by all that are admitted Inhabitants in the seurall Townes and haue taken the oath of fidellity; pruided that non be chosen a Deputy for any Generall Courte wch is not a Freeman of this Commonwelth.

    The a-foresaid deputyes shall be chosen in manner following: euery prson that is prsent and quallified as before exprssed, shall bring the names of such, written in seurall papers, as they desire to haue chosen for that Imployment, and these 3 or 4, more or lesse, being the number agreed on to be chosen for that tyme, that haue greatest number of papers written for them shall be dputyes for that Courte; whose names shall be endorsed on the backe side of the warrant and returned into the Courte, wth the Constable or Constables hand vnto the same.

  • 8.

    It is Ordered, sentenced and decreed, that Wyndsor, Hartford and Wethersfield shall haue power, ech Towne, to send fower of their freemen as deputyes to euery Generall Courte; and whatsoeuer other Townes shall be hereafter added to this Jurisdiction, they shall send so many deputyes as the Courte shall judge meete, a resonable prportion to the number of Freemen that are in the said Townes being to be attended therein; wch deputyes shall have the power of the whole Towne to giue their voats and alowance to all such lawes and orders as may be for the publike good, and unto wch the said Townes are to be bownd.

  • 9.

    It is ordered and decreed, that the deputyes thus chosen Edition: current; Page: [14] shall haue power and liberty to appoynt a tyme and a place of meeting togather before any Generall Courte to aduise and consult of all such things as may concerne the good of the publike, as also to examine their owne Elections, whether according to the order, and if they or the gretest prte of them find any election to be illegall they may seclud such for prsent from their meeting, and returne the same and their resons to the Courte; and if yt proue true, the Courte may fyne the prty or prtyes so intruding and the Towne, if they see cause, and giue out a warrant to goe to a newe election in a legall way, either whole or in prte. Also the said deputyes shall haue power to fyne any that shall be disorderly at their meetings, or for not coming in due tyme or place according to appoyntment; and they may return the said fynes into the Courte if yt be refused to be paid, and the tresurer to take notice of yt, and to estreete or levy the same as he doth other fynes.

  • 10.

    It is Ordered, sentenced and decreed, that euery Generall Courte, except such as through neglecte of the Gournor and the greatest prte of Magestrats the Freemen themselves doe call, shall consist of the Gouernor, or some one chosen to moderate the Court, and fower other Magestrats at lest, wth the mayor prte of the deputyes of the seuerall Townes legally chosen; and in case the Freemen or mayor prte of them through neglect or refusall of the Gouernor and mayor prte of the magestrats, shall call a Courte, that yt shall consist of the mayor prte of Freemen that are prsent or their deputyes, wth a Moderator chosen by them: In wch said Generall Courts shall consist the supreme power of the Commonwelth, and they only shall haue power to make laws or repeale them, to graunt leuyes, to admitt of Freemen, dispose of lands vndisposed of, to seuerall Townes or prsons, and also shall haue power to call ether Courte or Magestrate or any other prson whatsoeuer into question for any misdemeanour, and may for just causes displace or deale otherwise according to the nature of the offence; and also may deale in any other matter that concerns the good of this commonwelth, excepte election of Magestrats, wch shall be done by the whole boddy of Freemen: In wch Courte the Gouernour or Moderator shall haue power to order the Courte to giue liberty of spech, and silence vnceasonable and disorderly speakeings, to put all things to voate, and in case the vote be equall to haue the casting voice. But non of these Courts shall be adiorned or dissolued wthout the consent of the major prte of the Court.

  • 11.

    It is ordered, sentenced and decreed, that when any Generall Courte vppon the occations of the Commonwelth haue agreed vppon any sume or somes of mony to be leuyed vppon the seuerall Townes wthin this Jurisdiction, that a Committee be chosen to sett out and appoynt wt shall be the prportion of euery Towne to pay of the said leuy, prvided the Committees be made vp of an equall number out of each Towne.

14th January, 1638, the 11 Orders abouesaid are voted.

The Oath of the Gournor, for the Prsent

I N.W. being now chosen to be Gournor wthin this Jurisdiction, for the yeare ensueing, and vntil a new be chosen, doe sweare by the greate and dreadful name of the everliueing God, to prmote the publicke good and peace of the same, according to the best of my skill; as also will mayntayne all lawfull priuiledges of this Commonwealth: as also that all wholsome lawes that are or shall be made by lawfull authority here established, be duly executed; and will further the execution of Justice according to the rule of Gods word; so helpe me God, in the name of the Lo: Jesus Christ.

The Oath of a Magestrate, for the Prsent

I, N.W. being chosen a Magestrate wthin this Jurisdiction for the yeare ensueing, doe sweare by the great and dreadfull name of the euerliueing God, to prmote the publike good and peace of the same, according to the best of my skill, and that I will mayntayne all the lawfull priuiledges therof according to my vnderstanding, as also assist in the execution of all such wholsome lawes as are made or shall be made by lawfull authority heare established, and will further the execution of Justice for the tyme aforesaid according to the righteous rule of Gods word; so helpe me God, etc.

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The Massachusetts Body of Liberties December 1641

The Puritan leader and former lawyer Nathaniel Ward proposed this code summarizing and systematizing laws already enacted in Massachusetts. Based on principles derived from biblical, or Mosaic, law and England’s common, or judge-made, law, this code intentionally served as a check on political power. It forbade the authorities to take certain actions against individuals and set forth judicial and other procedures intended to protect them in their property and customary actions. The Massachusetts Body of Liberties is generally seen as an important source of rights recognized in the first ten amendments to the American Constitution, or Bill of Rights.

The Massachusetts Body of Liberties

A Coppie of the Liberties of the Massachusets Collonie in New England

The free fruition of such liberties Immunities and priveledges as humanitie, Civilitie, and Christianitie call for as due to every man in his place and proportion; without impeachment and Infringement hath ever bene and ever will be the tranquillitie and Stabilitie of Churches and Commonwealths. And the deniall or deprivall thereof, the disturbance if not the ruine of both.

We hould it therefore our dutie and safetie whilst we are about the further establishing of this Government to collect and expresse all such freedomes as for present we foresee may concerne us, and our posteritie after us, And to ratify them with our sollemne consent.

Wee doe therefore this day religiously and unanimously decree and confirme these following Rites, liberties, and priveledges concerneing our Churches, and Civill State to be respectively impartiallie and inviolably enjoyed and observed throughout our Jurisdiction for ever.

  • 1.

    No mans life shall be taken away, no mans honour or good name shall be stayned, no mans person shall be arested, restrayned, banished, dismembred, nor any wayes punished, no man shall be deprived of his wife or children, no mans goods or estaite shall be taken away from him, nor any way indammaged under Coulor of law, or Countenance of Authoritie, unlesse it be by vertue or equitie of some expresse law of the Country warranting the same, established by a generall Court and sufficiently published, or in case of the defect of a law in any partecular case by the word of god. And in Capitall cases, or in cases concerning dismembring or banishment, according to that word to be judged by the Generall Court.

  • 2.

    Every person within Jurisdiction, whether Inhabitant or forreiner shall enjoy the same justice and law, that is generall for the plantation, which we constitute and execute one towards another, without partialitie or delay.

  • 3.

    No man shall be urged to take any oath or subscribe any articles, covenants or remonstrance, of a publique and Civill nature, but such as the Generall Court hath considered, allowed, and required.

  • 4.

    No man shall be punished for not appearing at or before any Civill Assembly, Court, Councell, Magistrate, or officer, nor for the omission of any office or service, if he shall be necessarily hindred, by any apparent Act or providenc of god, which he could neither foresee nor avoid. Provided that this law shall not prejudice any person of his just cost or damage in any civill action.

  • 5.

    No man shall be compelled to any publique worke or service unlesse the presse be grounded upon some act of the generall Court, and have reasonable allowance therefore.

  • 6.

    No man shall be pressed in person to any office, worke, warres, or other publique service, that is necessarily and suffitiently exempted by any naturall or personall impediment, as by want of yeares, greatnes of age, defect of minde, fayling of sences, or impotencie of Lymbes.

  • 7.

    No man shall be compelled to goe out of the limits of this plantation upon any offensive warres which this Commonwealth or any of our freinds or confederats shall volentarily undertake. But onely upon such vindictive and defensive warres in our owne behalfe, or the behalfe of our freinds, and confederats as shall be enterprized by the Counsell and consent of a Court generall, or by Authority derived from the same.

  • 8.

    No mans Cattell or goods of what kinde soever shall Edition: current; Page: [16] be pressed or taken for any publique use or service, unlesse it be by warrant grounded upon some act of the generall Court, nor without such reasonable prices and hire as the ordinarie rates of the Countrie do afford. And if his Cattle or goods shall perish or suffer damage in such service, the owner shall be suffitiently recompenced.

  • 9.

    No monoplies shall be granted or allowed amongst us, but of such new Inventions that are profitable to the Countrie, and that for a short time.

  • 10.

    All our lands and heritages shall be free from all finds and licences upon Alienations, and from all hariotts,1 wardships, Liveries,2 Primerseisens,3 yeare day and wast, Escheates,4 and forfeitures, upon the deaths of parents, or Ancestors, be they naturall, casuall, or Juditiall.

  • 11.

    All persons which are of the age of 21 yeares, and of right understanding and meamories, whether excommunicate or condemned shall have full power and libertie to make theire wills and testaments, and other lawfull alienations of theire lands and estates.

  • 12.

    Every man whether Inhabitant or fforreiner, free or not free shall have libertie to come to any publique Court, Councell, or Towne meeting, and either by speech or writeing to move any lawful, seasonable, and materiall question, or to present any necessary motion, complaint, petition, Bill or information, whereof that meeting hath proper cognizance, so it be done in convenient time, due order, and respective manner.

  • [13.]

    No man shall be rated here for any estaite or revenue he hath in England, or in any forreine parties till it be transported hither.

  • [14.]

    Any conveyance or Alienation of land or other estaite what so ever, made by any woman that is married, any childe under age, Ideott, or distracted person, shall be good, if it be passed and ratified by the consent of a generall Court.

  • 15.

    All Covenous or fraudulent Alienations or Conveyances of lands, tenements, or any hereditaments, shall be of no validitie to defeate any man from due debts or legacies, or from any just title, clame or possession, of that which is so fradulently conveyed.

  • 16.

    Every Inhabitant that is an howse holder shall have free fishing and fowling in any great ponds and Bayes, Coves and Rivers, so farre as the sea ebbes and flowes within the presincts of the towne where they dwell, unlesse the freemen of the same Towne or the Generall Court have otherwise appropriated them, provided that this shall not be extended to give leave to any man to come upon other proprietie without there leave.

  • 17.

    Every man of or within this Jurisdiction shall have free libertie, not with standing any Civill power to re-move both himselfe, and his familie at their pleasure out of the same, provided there be no legall impediment to the contrarie.

  • 18.

    No mans person shall be restrained or imprisoned by any Authority what so ever, before the law hath sentenced him thereto, If he can put in sufficient securitie, bayle, or mainprise, for his appearance, and good behaviour in the meane time, unlesse it be in Crimes Capitall, and Contempts in open Court, and in such cases where some expresse act of Court doth allow it.

  • 19.

    If in a generall Court any miscariage shall be amongst the Assistants when they are by themselves that may deserve an Admonition or fine under 20 sh, it shall be examined and sentenced amongst themselves, If amongst the Deputies when they are by themselves, It shall be examined and sentenced amongst themselves, If it be when the whole Court is togeather, it shall be judged by the whole Court, and not severallie as before.

  • 20.

    If any which are to sit as Judges in any other Court shall demeane themselves offensively in the Court, the rest of the Judges present shall have power to censure him for it, if the cause be of a high nature it shall be presented to and censured at the next superior Court.

  • 21.

    In all cases where the first summons are not served six dayes before the Court, and the cause briefly specified in the warrant, where appearance is to be made by the partie summoned, it shall be at his libertie whether he will appeare or not, except all cases that are to be handled in Courts suddainly called upon extraordinary occasions, In all cases where there appeares present and urgent cause Any Assistant or officer apointed shal have power to make out Attaichments for the first summons.

  • 22.

    No man in any suit or action against an other shall falsely pretend great debts or damages to vex his Adversary, if it shall appeare any doth so, The Court shall have power to set a reasonable fine on his head.

  • 23.

    No man shall be adjudged to pay for detaining any Debt from any Crediter above eight pounds in the hundred for one yeare, And not above that rate proportionable Edition: current; Page: [17] for all somes what so ever, neither shall this be a coulour or countenance to allow any usurie amongst us contrarie to the law of god.

  • 24.

    In all Trespasses or damages done to any man or men, If it can be proved to be done by the meere default of him or them to whome the trespasse is done, It shall be judged no trespasse, nor any damage given for it.

  • 25.

    No Summons pleading Judgement, or any kinde of proceeding in Court or course of Justice shall be abated, arested, or reversed, upon any kinde of cercumstantiall errors or mistakes, If the person and cause be rightly understood and intended by the Court.

  • 26.

    Every man that findeth himselfe unfit to plead his owne cause in any Court, shall have Libertie to imploy any man against whom the Court doth not except, to helpe him, Provided he give him noe fee, or reward for his paines. This shall not exempt the partie him selfe from Answering such Questions in person as the Court shall thinke meete to demand of him.

  • 27.

    If any plaintife shall give into any Court a declaration of his cause in writeing, The defendant shall also have libertie and time to give in his answer in writeing, And so in all further proceedings betwene partie and partie, So it doth not further hinder the dispach of Justice then the Court shall be willing unto.

  • 28.

    The plaintife in all Actions brought in any Court shall have libertie to withdraw his Action, or to be nonsuited before the Jurie hath given in their verdict, in which case he shall alwaies pay full cost and chardges to the defendant, and may afterwards renew his suite at an other Court if he please.

  • 29.

    In all Actions at law it shall be the libertie of the plaintife and defendant by mutual consent to choose whether they will be tryed by the Bench or by a Jurie, unless it be where the law upon just reason hath otherwise determined. The like libertie shall be granted to all persons in Criminall cases.

  • 30.

    It shall be in the libertie both of plaintife and defendant, and likewise every delinquent (to be judged by a Jurie) to challenge any of the Jurors. And if his challenge be found just and reasonable by the Bench, or the rest of the Jurie, as the challenger shall choose it shall be allowed him, and tales de cercumstantibus impaneled in their room.

  • 31.

    In all cases where evidence is so obscure or defective that the Jurie cannot clearely and safely give a positive verdict, whether it be a grand or petit Jurie, It shall have libertie to give a non Liquit, or a spetiall verdict, in which last, that is in a spetiall veredict, the Judgement of the cause shall be left to the Court, and all Jurors shall have libertie in matters of fact if they cannot finde the maine issue, yet to finde and present in their verdict so much as they can, If the Bench and Jurors shall so differ at any time about their verdict that either of them can not proceed with peace of conscience the case shall be referred to the Generall Court, who shall take the question from both and determine it.

  • 32.

    Every man shall have libertie to replevy his Cattell or goods impounded, distreined, seised, or extended, unless it be upon execution after Judgement, and in paiment of fines. Provided he puts in good securitie to prosecute his replevin, And to satisfie such demands as his Adversary shall recover against him in Law.

  • 33.

    No mans person shall be Arrested, or imprisoned upon execution or judgment for any debt or fine, if the law can finde competent meanes of satisfaction otherwise from his estaite, And if not his person may be arrested and imprisoned where he shall be kept at his owne charge, not the plaintife’s till satisfaction be made: unlesse the Court that had cognizance of the cause or some superior Court shall otherwise provide.

  • 34.

    If any man shall be proved and Judged a common Barrator vexing others with unjust frequent and endlesse suites, It shall be in the power of Courts both to denie him the benefit of the law, and to punish him for his Barratry.

  • 35.

    No mans Corne nor hay that is in the field or upon the Cart, nor his garden stuffe, nor any thing subject to present decay, shall be taken in any distresse, unles he that takes it doth presently bestow it where it may not be imbesled nor suffer spoile or decay, or give securitie to satisfie the worth thereof if it comes to any harme.

  • 36.

    It shall be in the libertie of every man cast condemned or sentenced in any cause in any Inferior Court, to make their Appeale to the Court of Assistants, provided they tender their appeale and put in securitie to prose-cute it before the Court be ended wherein they were condemned, And within six dayes next ensuing put in good securitie before some Assistant to satisfie what his Adversarie shall recover against him; And if the cause be of a Criminall nature, for his good behaviour and appearance, And everie man shall have libertie to complaine to the Generall Court of any Injustice done him in any Court of Assistants or other.

    Edition: current; Page: [18]
  • 37.

    In all cases where it appeares to the Court that the plaintife hath willingly and witingly done wronge to the defendant in commenceing and prosecuting any action or complaint against him, They shall have power to impose upon him a proportionable fine to the use of the defendant, or accused person, for his false complaint or clamor.

  • 38.

    Everie man shall have libertie to Record in the publique Rolles of any Court any Testimony give[n] upon oath in the same Court, or before two Assistants, or any Deede or evidence legally confirmed there to remaine in perpetuam rei memoriam, that is for perpetuall memoriall or evidence upon occasion.

  • 39.

    In all Actions both reall and personall betweene partie and partie, the Court shall have power to respite execution for a convenient time, when in their prudence they see just cause so to doe.

  • 40.

    No Conveyance, Deede, or promise what so ever shall be of validitie, If it be gotten by Illegal violence, imprisonment, threatenings, or any kinde of forcible compulsion called Dures.

  • 41.

    Everie man that is to Answere for any Criminall cause, whether he be in prison or under bayle, his cause shall be heard and determined at the next Court that hath proper Cognizance thereof, And may be done without prejudice of Justice.

  • 42.

    No man shall be twise sentenced by Civill Justice for one and the same Crime, offence, or Trespasse.

  • 43.

    No man shall be beaten with above 40 stripes, nor shall any true gentleman, nor any man equall to a gentleman be punished with whipping, unless his crime be very shamefull, and his course of life vitious and profligate.

  • 44.

    No man condemned to dye shall be put to death within fower dayes next after his condemnation, unles the Court see spetiall cause to the contrary, or in case of martiall law, nor shall the body of any man so put to death be unburied 12 howers, unlesse it be in case of Anatomie.

  • 45.

    No man shall be forced by Torture to confesse any Crime against himselfe nor any other unlesse it be in some Capitall case where he is first fullie convicted by cleare and suffitient evidence to be guilty, After which if the cause be of that nature, That it is very apparent there be other conspiratours, or confederates with him, Then he may be tortured, yet not with such Tortures as be Barbarous and inhumane.

  • 46.

    For bodilie punishments we allow amongst us none that are inhumane Barbarous or cruell.

  • 47.

    No man shall be put to death without the testimony of two or three witnesses, or that which is equivalent there unto.

  • 48.

    Every Inhabitant of the Countrie shall have free libertie to search and veewe any Rooles, Records, or Regesters of any Court or office except the Councell, And to have a transcript or exemplification thereof written examined, and signed by the hand of the officer of the office paying the appointed fees therefore.

  • 49.

    No free man shall be compelled to serve upon Juries above two Courts in a yeare, except grand Jurie men, who shall hould two Courts together at the least.

  • 50.

    All Jurors shall be chosen continuallie by the freemen of the Towne where they dwell.

  • 51.

    All Associates selected at any time to Assist the Assistants in Inferior Courts, shall be nominated by the Townes belonging to that Court, by orderly agreement amonge themselves.

  • 52.

    Children, Idiots, Distracted persons, and all that are strangers, or new commers to our plantation, shall have such allowances and dispensations in any cause whether Criminall or other as religion and reason require.

  • 53.

    The age of discretion of passing away of lands or such kinde of herediments, or for giveing of votes, verdicts or Sentence in any Civill Courts or causes, shall be one and twentie yeares.

  • 54.

    When so ever anything is to be put to vote, any sentence to be pronounced, or any other matter to be proposed, or read in any Court or Assembly, If the president or moderator thereof shall refuse to performe it, the Major parte of the members of that Court or Assembly shall have power to appoint any other meete man of them to do it, And if there be just cause to punish him that should and would not.

  • 55.

    In all suites or Actions in any Court, the plaintife shall have libertie to make all the titles and claims to that he sues for he can. And the Defendant shall have libertie to plead all the pleas he can in answere to them, and the Court shall judge according to the intire evidence of all.

  • 56.

    If any man shall behave himselfe offensively at any Towne meeting, the rest of the freemen then present, shall have power to sentence him for his offence, So be it the mulct or penaltie exceed not twentie shilings.

  • 57.

    When so ever any person shall come to any very suddaine untimely and unnaturall death, Some Assistant, or the Constables of that Towne shall forthwith sumon a Jury of twelve free men to inquire of the cause and manner Edition: current; Page: [19] of their death, and shall present a true verdict thereof to some neere Assistant, or the next Court to be helde for that Towne upon their oath.

liberties more peculiarlie concerning the free men

  • 58.

    Civill Authoritie hath power and libertie to see the peace, ordinances and Rules of Christ observed in every church according to his word, so it be done in a Civill and not in an Ecclesiastical way.

  • 59.

    Civill Authoritie hath power and libertie to deale with any Church member in a way of Civill Justice, notwithstanding any Church relation, office, or interest.

  • 60.

    No church censure shall degrade or depose any man from any Civill dignitie, office, or Authoritie he shall have in the Commonwealth.

  • 61.

    No Magestrate, Juror, Officer, or other man shall be bound to informe present or reveale any private crim or offence, wherein there is no perill or danger to this plantation or any member thereof, when any necessarietye of conscience binds him to secresie grounded upon the word of god, unlesse it be in case of testimony lawfully required.

  • 62.

    Any Shire or Towne shall have libertie to choose their Deputies whom and where they please for the General Court, So be it they be free men, and have taken there oath of fealtie, and Inhabiting in this Jurisdiction.

  • 63.

    No Governor, Deputie Governor, Assistant, Associate, or grand Jury man at any Court, nor any Deputie for the Generall Court, shall at any time beare his owne chardges at any Court, but their necessary expences shall be defrayed either by the Towne, or Shire on whose service they are, or by the Country in generall.

  • 64.

    Everie Action betweene partie and partie, and proceedings against delinquents in Criminall causes shall be briefly and destinctly entered in the Rolles of every Court by the Recorder thereof. That such actions be not afterwards brought againe to the vexation of any man.

  • 65.

    No custome or prescription shall ever prevaile amongst us in any morall cause, our meaneing is maintaine anythinge that can be proved to bee morrallie sinfull by the word of god.

  • 66.

    The Freemen of everie Towneship shall have power to make such by laws and constitutions as may concerne the wellfare of their Towne, provided they be not of a Criminall, but onely of a prudentiall nature. And that their penalties exceede not 20 sh. for one offence. And that they be not repugnant to the publique laws and orders of the Countrie. And if any Inhabitant shall neglect or refuse to observe them, they shall have power to levy the appointed penalties by distresse.

  • 67.

    It is the constant libertie of the freemen of this plantation to choose yearly at the Court of Election out of the freemen all the Generall officers of this Jurisdiction. If they please to dischardge them at the day of Election by way of vote. They may do it without shewing cause. But if at any other generall Court, we hould it due justice, that the reasons thereof be alleadged and proved. By Generall officers we meane, our Governor, Deputie Governor, Assistants, Treasurer, Generall of our warres. And our Admiral at Sea, and such as are or hereafter may be of the like generall nature.

  • 68.

    It is the libertie of the freemen to choose such deputies for the Generall Court out of themselves, either in their owne Townes or elsewhere as they judge fittest, And because we cannot foresee what varietie and weight of occasions may fall into future consideration, And what counsells we may stand in neede of, we decree. That the Deputies (to attend the Generall Court in the behalfe of the Countrie) shall not any time be stated or inacted, but from Court to Court, or at the most but for one yeare. that the Countrie may have an Annuall libertie to do in that case what is most behoofefull for the best welfaire thereof.

  • 69.

    No Generall Court shall be desolved or adjourned without the consent of the Major parte thereof.

  • 70.

    All Freemen called to give any advise, vote, verdict, or sentence in any Court, Counsell, or Civill Assembly, shall have full freedome to doe it according to their true Judgments and Consciences, So it be done orderly and inofensively for the manner.

  • 71.

    The Governor shall have a casting voice whensoever an Equi vote shall fall out of the Court of Assistants, or generall assembly, So shall the presendent or moderator have in all Civill Courts or Assemblies.

  • 72.

    The Governor and Deputie Governor Joyntly consenting or any three Assistants concurring in consent shall have power out of Court to reprive a condemned malefactour, till the next quarter or generall Court. The generall Court onely shall have power to pardon a condemned malefactor.

  • 73.

    The Generall Court hath libertie and Authoritie to send out any member of the Comanwealth of what qualitie, Edition: current; Page: [20] condition or office whatsoever into forreine parts about any publique message or Negotiation. Provided the partie sent be acquainted with the affaire he goeth about, and be willing to undertake the service.

  • 74.

    The freemen of every Towne or Towneship, shall have full power to choose yearly or for lesse time out of themselves a convenient number of fitt men to order the planting or prudential occasions of that Towne, according to Instructions given them in writeing, Provided nothing be done by them contrary to the publique laws and orders of the Countrie, provided also the number of such select persons be not above nine.

  • 75.

    It is and shall be the libertie of any member or members of any Court, Councell or Civill Assembly in cases of makeing or executing any order or law, that properlie concerne religion, or any cause capitall or warres, or Subscription to any publique Articles or Remonstrance, in case they cannot in Judgement and conscience consent to that way the Major vote or suffrage goes, to make their contra Remonstrance or protestation in speech or writeing, and upon request to have their dissent recorded in the Rolles of that Court. So it be done Christianlie and respectively for the manner. And their dissent onely be entered without the reasons thereof, for the avoiding of tediousness.

  • 76.

    When so ever any Jurie of trialls or Jurours are not cleare in their Judgments or consciences conserneing any cause wherein they are to give their verdict, They shall have libertie in open Court to advise with any man they thinke fitt to resolve or direct them, before they give in their verdict.

  • 77.

    In all cases wherein any freeman is to give his vote, be it in point of Election, makeing constitutions and orders, or passing sentence in any case of Judicature or the like, if he cannot see reason to give it positively one way or an other, he shall have libertie to be silent, and not pressed to a determined vote.

  • 78.

    The Generall or publique Treasure or any parte thereof shall never be exspended but by the appointment of a Generall Court, nor any Shire Treasure, but by the appointment of the freemen thereof, nor any Towne Treasurie but by freemen of that Towneship.

liberties of woemen

  • 79.

    If any man at his death shall not leave his wife a competent portion of his estaite, upon just complaint made to the Generall Court she shall be relieved.

  • 80.

    Everie marryed woeman shall be free from bodilie correction or stripes by her husband, unlesse it be in his owne defence upon her assault. If there be any just cause of correction complaint shall be made to Authoritie assembled in some Court, from which onely she shall receive it.

liberties of children

  • 81.

    When Parents dye intestate, the Elder sonne shall have a doble portion of his whole estate reall and personall, unlesse the Generall Court upon just cause alleadged shall Judge otherwise.

  • 82.

    When parents dye intestate, haveing noe heires males of their bodies their Daughters shall inherit as Copartners, unles the Generall Court upon just reason shall judge otherwise.

  • 83.

    If any parents shall wilfullie and unreasonably deny any childe timely or convenient mariage, or shall exercise any unnaturall severitie towards them, Such children shall have free libertie to complain to Authoritie for redresse.

  • 84.

    No Orphan dureing their minoritie which was not committed to tuition or service by the parents in their life time, shall afterwards be absolutely disposed of by any kindred, friend, Executor, Towneship, or Church, nor by themselves without the consent of some Court, wherein two Assistants at least shall be present.

liberties of servants

  • 85.

    If any servants shall flee from the Tiranny and crueltie of their masters to the howse of any freeman of the same Towne, they shall be there protected and susteyned till due order be taken for their relife. Provided due notice thereof be speedily given to their masters from whom they fled. And the next Assistant or Constable where the partie flying is harboured.

  • 86.

    No servant shall be put of for above a yeare to any other neither in the life of their master nor after their death by their Executors or Administrators unlesse it be by consent of Authoritie assembled in some Court, or two Assistants.

  • 87.

    If any man smite out the eye or tooth of his man servant, or maid servant, or otherwise mayme or much disfigure him, unlesse it be by meere casualtie, he shall let them goe free from his service. And shall have such further recompense as the Court shall allow him.

  • 88.

    Servants that have served diligentlie and faithfully to the benefitt of their maisters seaven yeares, shall not be Edition: current; Page: [21] sent away emptie. And if any have bene unfaithfull, negligent or unprofitable in their service, notwithstanding the good usage of their maisters, they shall not be dismissed till they have made satisfaction according to the Judgement of Authoritie.

liberties of forreiners and strangers

  • 89.

    If any people of other Nations professing the true Christian Religion shall flee to us from the Tiranny or oppression of their persecutors, or from famyne, warres, or the like necessary and compulsarie cause, They shall be entertayned and succoured amongst us, according to that power and prudence god shall give us.

  • 90.

    If any ships or other vessels, be it freind or enemy, shall suffer shipwrack upon our Coast, there shall be no violence or wrong offered to their persons or goods. But their persons shall be harboured, and relieved, and their goods preserved in safety till Authoritie may be certified thereof, and shall take further order therein.

  • 91.

    There shall never be any bond slaverie villinage or Captivitie amongst us, unles it be lawfull Captives taken in just warres, and such strangers as willingly belie themselves or are sold to us. And these shall have all the liberties and Christian usages which the law of god established in Israell concerning such persons doeth morally require. This exempts none from servitude who shall be Judged thereto by Authoritie.

off the bruite creature

  • 92.

    No man shall exercise any Tirranny or Crueltie towards any bruite Creature which are usuallie kept for mans use.

  • 93.

    If any man shall have occasion to leade or drive Cattel from place to place that is far of, So that they be weary, or hungry, or fall sick, or lambe, It shall be lawful to rest or refresh them, for a competent time, in any open place that is not Corne, meadow, or inclosed for some peculiar use.

  • 94.
    • 1.

      If any man after legall conviction shall have or worship any other god, but the lord god, he shall be put to death. dut. 13.6.10, dut. 17.2.6, ex. 22.20

    • 2.

      If any man or woeman be a witch, (that is hath or consulteth with a familiar spirit,) They shall be put to death. ex. 22.18, lev. 20.27, dut. 18.10

    • 3.

      If any person shall Blaspheme the name of God, the father, Sonne, or Holie ghost, with direct expresse, presumptuous or high handed blasphemie, or shall curse god in the like manner, he shall be put to death. lev. 24.15.16

    • 4.

      If any person committ any wilfull murther, which is manslaughter, committed upon premeditated mallice, hatred, or Crueltie, not in a mans necessarie and just defence, nor by meere casualtie against his will, he shall be put to death. ex. 21.12, numb. 35.13.14, 30.31

    • 5.

      If any person slayeth an other suddainely in his anger or Crueltie of passion, he shall be put to death. numb. 25.20.21, lev. 24.17

    • 6.

      If any person shall slay an other through guile, either by poysoning or other such divelish practice, he shall be put to death. ex. 21.14

    • 7.

      If any man or woman shall lye with any beast or brute creature by Carnall Copulation, They shall surely be put to death. And the beast shall be slaine and buried and not eaten. lev. 19.23

    • 8.

      If any man lyeth with mankinde as he lyeth with a woeman, both of them have committed abhomination, they both shall surely be put to death. lev. 19.22

    • 9.

      If any person committeth Adultery with a married or espoused wife, the Adulterer and Adulteresse shall surely be put to death. ex. 20.14

    • 10.

      If any man stealeth a man or mankinde, he shall surely be put to death. ex. 21.16

    • 11.

      If any man rise up by false witnes, wittingly and of purpose to take away any man’s life, he shall be put to death. dut. 19.16, 18.19

    • 12.

      If any man shall conspire and attempt any invation, insurrection, or publique rebellion against our commonwealth, or shall indeavour to surprize any Towne or Townes, fort or forts therein, or shall treacherously and perfediouslie attempt the alteration and subversion of our frame of politie or Government fundamentallie, he shall be put to death.

  • 95.

    A declaration of the Liberties the Lord Jesus hath given to the Churches.

    • 1.

      All the people of god within this Jurisdiction who are not in a church way, and be orthodox in Judgement, and not scandalous in life, shall have full libertie to gather themselves into a Church Estaite. Provided they doe it in a Christian way, with due observation of the rules of Christ revealed in his word.

    • 2.

      Every Church hath full libertie to exercise all the ordinances of god, according to the rules of Scripture.

    • 3.

      Every Church hath free libertie of Election and ordination of all their officers from time to time, provided they be able pious and orthodox.

    • 4.

      Every Church hath free libertie of Admission, Recommendation, Dismission, and Expulsion, or deposall of their officers, Edition: current; Page: [22] and members, upon due cause, with free exercise of the Discipline and Censures of Christ according to the rules of his word.

    • 5.

      No Injunctions are to be put upon any Church, Church Officers or member in point of Doctrine, worship or Discipline, whether for substance or cercumstance besides the Institutions of the lord.

    • 6.

      Every Church of Christ hath freedome to celebrate dayes of fasting and prayer, and of thanksgiveing according to the word of god.

    • 7.

      The Elders of Churches have free libertie to meete monthly, Quarterly, or otherwise, in convenient numbers and places, for conferences, and consultations about Christian and Church questions and occasions.

    • 8.

      All Churches have libertie to deale with any of their members in a church way that are in the hand of Justice. So it be not to retard or hinder the course thereof.

    • 9.

      Every Church hath libertie to deal with any magestrate, Deputie of Court or other officer what soe ever that is a member in a church way in case of apparent and just offence given in their places. so it be done with due observance and respect.

    • 10.

      Wee allowe private meetings for edification in religion amongst Christians of all sortes of people. So it be with-out just offence both for number, time, place, and other cercumstances.

    • 11.

      For the preventing and removeing of errour and offence that may grow and spread in any of the Churches in this Jurisdiction. And for the preserveing of trueith and peace in the several churches within them selves, and for the maintenance and exercise of brotherly communion, amongst all the churches in the Countrie, It is allowed and ratified, by the Authoritie of this Generall Court as a lawfull libertie of the Churches of Christ. That once in every month of the yeare (when the season will beare it) It shall be lawfull for the minesters and Elders, of the Churches neere adjoyneing together, with any other of the breetheren with the consent of the churches to assemble by course in each severall Church one after an other. To the intent after the preaching of the word by such a minister as shall be requested thereto by the Elders of the church where the Assembly is held, The rest of the day may be spent in publique Christian Conference about the discussing and resolveing of any such doubts and cases of conscience concerning matter of doctrine or worship or government of the church as shall be propounded by any of the Breetheren of that church, with leave also to any other Brother to propound his objections or answeres for further satisfaction according to the word of god. Provided that the whole action be guided and moderated by the Elders of the Church where the Assemblie is helde, or by such others as they shall appoint. And that no thing be concluded and imposed by way of Authoritie from one or more Churches upon an other, but onely by way of Brotherly conference and consultations. That the trueth may be searched out to the satisfying of every man’s Conscience in the sight of god according to his worde. And because such an Assembly and the worke their of can not be duely attended to if other lectures be held in the same weeke. It is therefore agreed with the consent of the Churches. That in that weeke when such an Assembly is held. All the lectures in all the neighbouring Churches for the weeke shall be forborne. That so the publique service of Christ in this more solemne Assembly may be transacted with greater deligence and attention.

  • 96.

    How so ever these above specified rites, freedomes, Immunities, Authorities and priveledges, both Civill and Ecclesiasticall are expressed onely under the name and title of Liberties, and not in the exact forme of Laws, or Statutes, yet we do with one consent fullie Authorise, and earnestly intreate all that are and shall be in Authoritie to consider them as laws, and not to faile to inflict condigne and proportionable punishments upon every man impartiallie, that shall infringe or violate any of them.

  • 97.

    Wee likewise give full power and libertie to any person that shall at any time be denyed or deprived of any of them, to commence and prosecute their suite, Complaint, or action against any man that shall so doe, in any Court that hath proper Cognizance or judicature thereof.

  • 98.

    Lastly because our dutie and desire is to do nothing suddainlie which fundamentally concerne us, we decree that these rites and liberties, shall be Audably read and deliberately weighed at ever Generall Court that shall be held, within three yeares next insueing, And such of them as shall not be altered or repealed they shall stand so ratified, That no man shall infringe them without due punishment.

    And if any General Court within these next thre yeares shall faile or forget to reade and consider them as abovesaid. The Governor and Deputie Governor for the time being, and every Assistant present at such Courts shall forfeite 20 sh. a man, and everie Deputie 10 sh. a man for each neglect, which shall be paid out of their proper estate, and not by the Country or the Townes which choose them. And when so ever there shall arise any question in any Court amonge the Assistants and Associates thereof about the explanation of these Rites and liberties, The Generall Court onely shall have power to interprett them.

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Charter of Liberties and Frame of Government of the Province of Pennsylvania in America May 5, 1682

William Penn was the royal proprietor of the colony or province of Pennsylvania. He had the power to set up a government with almost no checks on his own power. Yet the Charter of Liberties he issued set up a government that would rule by and through the consent of the colonists. Its formal bill of rights included religious liberty for anyone professing belief in a deity and provided for legislative government based on election by the people. The document also includes a number of important innovations in the structure of government, including staggered terms for certain officeholders and a formal process for amendment.

Charter of Liberties and Frame of Government

The frame of the government of the province of Pensilvania, in America: together with certain laws agreed upon in England, by the Governor and divers freemen of the aforesaid province. To be further explained and confirmed there, by the first provincial Council that shall be held, if they see meet.

the preface

When the great and wise God had made the world, of all his creatures, it pleased him to chuse man his Deputy to rule it: and to fit him for so great a charge and trust, he did not only qualify him with skill and power, but with integrity to use them justly. This native goodness was equally his honour and his happiness; and whilst he stood here, all went well; there was no need of coercive or compulsive means; the precept of divine love and truth, in his bosom, was the guide and keeper of his innocency. But lust prevailing against duty, made a lamentable breach upon it; and the law, that before had no power over him, took place upon him, and his disobedient posterity, that such as would not live comformable to the holy law within, should fall under the reproof and correction of the just law without, in a judicial administration.

This the Apostle teaches in divers of his epistles: “The law (says he) was added because of transgression,” In another place, “Knowing that the law was not made for the righteous man, but for the disobedient and ungodly, for sinners, for unholy and prophane, for murderers, for whoremongers, for them that defile themselves with mankind, and for man-stealers, for lyers, for perjured persons,” &c., but this is not all, he opens and carries the matter of government a little further: “Let every soul be subject to the higher powers; for there is no power but of God. The powers that be are ordained of God: whosoever therefore resisteth the power, resisteth the ordinance of God. For rulers are not a terror to good works, but to evil: wilt thou then not be afraid of the power? do that which is good, and thou shalt have praise of the same.” “He is the minister of God to thee for good.” “Wherefore ye must needs be subject, not only for wrath, but for conscience sake.”

This settles the divine right of government beyond exception, and that for two ends: first, to terrify evil doers: secondly, to cherish those that do well; which gives government a life beyond corruption, and makes it as durable in the world, as good men shall be. So that government seems to me a part of religion itself, a thing sacred in its institution and end. For, if it does not directly remove the cause, it crushes the effects of evil, and is as such, (though a lower, yet) an emanation of the same Divine Power, that is both author and object of pure religion; the difference lying here, that the one is more free and mental, the other more corporal and compulsive in its operations: but that is only to evil doers; government itself being otherwise as capable of kindness, goodness and charity, as a more private society. They weakly err, that think there is no other use of government, than correction, which is the coarsest part of it: daily experience tells us, that the care and regulation of many other affairs, more soft, and daily necessary, makeup much of the greatest part of government; and which must have followed the peopling of the world, had Adam never fell, and will continue among men, on earth, under the highest attainments they may arrive at, by the coming of the blessed Second Adam, the Lord from heaven. Thus much of government in general, as to its rise and end.

Edition: current; Page: [24]

For particular frames and models it will become me to say little; and comparatively I will say nothing. My reasons are:

First. That the age is too nice and difficult for it; there being nothing the wits of men are more busy and divided upon. It is true, they seem to agree to the end, to wit, happiness; but, in the means, they differ, as to divine, so to this human felicity; and the cause is much the same, not always want of light and knowledge, but want of using them rightly. Men side with their passions against their reason, and their sinister interests have so strong a bias upon their minds, that they lean to them gainst the good of the things they know.

Secondly. I do not find a model in the world, that time, place, and some singular emergences have not necessarily altered; nor is it easy to frame a civil government, that shall serve all places alike.

Thirdly. I know what is said by the several admirers of monarchy, aristocracy and democracy, which are the rule of one, a few, and many, and are the three common ideas of government, when men discourse on the subject. But I chuse to solve the controversy with this small distinction, and it belongs to all three: Any government is free to the people under it (whatever be the frame) where the laws rule, and the people are a party to those laws, and more than this is tyranny, oligarchy, or confusion.

But, lastly, when all is said, there is hardly one frame of government in the world so ill designed by its first founders, that, in good hands, would not do well enough; and [hi]story tells us, the best, in ill ones, can do nothing that is great or good; witness the said states. Governments, like clocks, go from the motion men give them; and as governments are made and moved by men, so by them they are ruined too. Wherefore governments rather depend upon men, than men upon governments. Let men be good, and the government cannot be bad; if it be ill, they will cure it. But, if men be bad, let the government be never so good, they will endeavor to warp and spoil it to their turn.

I know some say, let us have good laws, and no matter for the men that execute them: but let them consider, that though good laws do well, good men do better: for good laws may want good men, and be abolished or evaded1 by ill men; but good men will never want good laws, nor suffer ill ones. It is true, good laws have some awe upon ill ministers, but that is where they have not power to escape or abolish them, and the people are generally wise and good: but a loose and depraved people (which is the question) love laws and an administration like themselves. That, therefore, which makes a good constitution, must keep it, viz: men of wisdom and virtue, qualities, that because they descend not with worldly inheritances, must be carefully propagated by a virtuous education of youth; for which after ages will owe more to the care and prudence of founders, and the successive magistracy, than to their parents, for their private patrimonies.

These considerations of the weight of government, and the nice and various opinions about it, made it uneasy to me to think of publishing the ensuing frame and conditional laws, foreseeing both the censures, they will meet with, from men of differing humours and engagements, and the occasion they may give of discourse beyond my design.

But, next to the power of necessity, (which is a solicitor, that will take no denial) this induced me to a compliance, that we have (with reverence to God, and good conscience to men) to the best of our skill, contrived and composed the frame and laws of this government, to the great end of all government, viz: To support power in reverence with the people, and to secure the people from the abuse of power; that they may be free by their just obedience, and the magistrates honourable, for their just administration: for liberty, without obedience is confusion, and obedience without liberty is slavery. To carry this evenness is partly owing to the constitution, and partly to the magistracy: where either of these fail, government will be subject to convulsions; but where both are wanting, it must be totally subverted; then where both meet, the government is like to endure.

Which I humbly pray and hope God will please to make the lot of this Pensilvania. Amen.

willam penn

the frame, &c—april 25, 1682

To all Persons, to whom these presents may come. Whereas king Charles the Second, by his letters patents, under the great seal of England bearing date the fourth day of March in the Thirty and Third Year of the King, for divers consideration therein mentioned, hath been graciously pleased to give and grant unto me William Penn, by the name of William Penn, Esquire, son and heir of Sir William Penn, deceased, and to my heirs and assigns forever, all that tract of land, or Province called Pennsylvania, in America, with divers great powers, preheminences, royalties, jurisdictions, Edition: current; Page: [25] and authorities, necessary for the well-being and government thereof: Now know ye, that for the well-being and government of the said province, and for the encouragement of all the freemen and planters that may be therein concerned, in pursuance of the powers aforementioned, I, the said William Penn have declared, granted, and confirmed, and by these presents, for me, my heirs and assigns, do declare, grant, and confirm unto all the freemen, planters and adventurers of, in and to the said province, these liberties, franchise, and properties, to be held, enjoyed and kept by the freemen, planters, and inhabitants of the said province of Pennsylvania for ever.

  • Imprimis.

    That the government of this province shall, according to the powers of the patent, consist of the Governor and freemen of the said province, in form of a provincial Council and General Assembly, by whom all laws shall be made, officers chosen, and public affairs transacted, as is hereafter respectively declared, that is to say—

  • ii.

    That the freemen of the said province shall, on the twentieth day of the twelfth month, which shall be in the present year one thousand six hundred eighty and two, meet and assemble in some fit place, of which timely notice shall be before hand given by the Governor or his Deputy; and then, and there, shall chuse out of themselves seventy-two persons of most note for their wisdom, virtue and ability, who shall meet, on the tenth day of the first month next ensuing, and always be called, and act as, the provincial Council of the said province.

  • iii.

    That, at the first choice of such provincial Council, one-third part of the said provincial Council shall be chosen to serve for three years, then next ensuing; one-third party, for two years then next ensuing; and one-third party, for one year then next ensuing each election, and no longer; and that the said third part shall go out accordingly; and on the twentieth day of the twelfth month, as aforesaid, yearly for ever afterwards, the freemen of the said prov-ince shall, in like manner, meet and assemble together, and then chuse twenty-four persons, being one-third of the said number, to serve in provincial Council for three years: it being intended, that one-third part of the whole provincial Council (always consisting, and to consist, of seventy-two persons, as aforesaid) falling off yearly, it shall be yearly supplied by such new yearly elections, as aforesaid; and that no one person shall continue therein longer than three years: and, in case any member shall decease before the last election during his time, that then at the next election ensuing his decease, another shall be chosen to supply his place, for the remaining time, he has to have served, and no longer.

  • iv.

    That, after the first seven years, every one of the said third parts, that goeth yearly off, shall be uncapable of being chosen again for one whole year following: that so all may be fitted for government and have experience of the care and burden of it.

  • v.

    That the provincial Council, in all cases and matters of moment, as their arguing upon bills to be passed into laws, erecting courts of justice, giving judgment upon criminals impeached, and choice of officers, in such manner as is hereinafter mentioned, not less than two-thirds of the whole provincial Council shall make a quorum and that the consent and approbation of two-thirds of such quorum shall be had in all such cases and matters of moment. And moreover that, in all cases and matters of lesser moment, twenty-four Members of the said provincial Council shall make a quorum the majority of which twenty-four shall, and may, always determine in such cases and causes of lesser moment.

  • vi.

    That, in this provincial Council, the Governor or his Deputy, shall or may, always preside, and have a treble voice; and the said provincial Council shall always continue, and sit upon its own adjournments and committees.

  • vii.

    That the Governor and provincial Council shall prepare and propose to the General Assembly, herafter mentioned, all bills, which they shall, at any time, think fit to be passed into laws, within the said province; which bills shall be published and affixed to the most noted places, in the inhabited parts thereof, thirty days before the meeting of the General Assembly, in order to the passing them into laws or rejecting of them, as the General Assembly shall see meet.

  • viii.

    That the Governor and provincial Council shall take care, that all laws, statutes and ordinances, which shall at any time be made within the said province, be duly and diligently executed.

  • ix.

    That the Governor and provincial Council shall, at all times, have the care of the peace and safety of the province, and that nothing be by any person attempted to the subversion of this frame of government.

  • x.

    That the Governor and provincial Council shall, at all times, settle and order the situation of all cities, ports, and market towns in every county, modelling therein all public buildings, streets, and market places, and shall appoint all necessary roads, and high-ways in the province.

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  • xi.

    That the Governor and provincial Councill shall, at all times, have power to inspect the management of the public treasury, and punish those who shall convert any part thereof to any other use, than what hath been agreed upon by the Governor, provincial Council, and General Assembly.

  • xii.

    That the Governor and provincial Council, shall erect and order all public schools, and encourage and reward the authors of useful sciences and laudable inventions in the said province.

  • xiii.

    That, for the better management of the power and trust aforesaid, the provincial Council shall, from time to time, divide itself into four distinct and proper committees, for the more easy administration of the affairs of the Province, which divides the seventy-two into four eighteens, every one of which eighteens shall consist of six out of each of the three orders, or yearly elections, each of which shall have a distinct portion of business, as followeth: First, a committee of plantations, to situate and settle cities, ports, and market towns, and high-ways, and to hear and decide all suits and controversies relating to plantations. Secondly, a committee of justice and safety, to secure the peace of the Province, and punish the mal-administration of those who subvert justice to the prejudice of the public, or private, interest. Thirdly, a committee of trade and treasury, who shall regulate all trade and commerce, according to law, encourage manufacture and country growth, and defray the public charge of the Province. And, Fourthly, a committee of manners, education, and arts, that all wicked and scandalous living may be prevented, and that youth may be successively trained up in virtue and useful knowledge and arts: the quorum of each of which committees being six, that is, two out of each of the three orders, or yearly elections, as aforesaid, make a constant and standing Council of twenty-four which will have the power of the provincial Council, being the quorum of it, in all cases not excepted in the fifth article; and in the said committees, and standing Council of the Province, the Governor, or his Deputy, shall, or may preside, as aforesaid; and in the absence of the Governor, or his Deputy, if no one is by either of them appointed, the said committees or Council shall appoint a President for that time, and not otherwise; and what shall be resolved at such committees, shall be reported to the said Council of the province, and shall be by them resolved and confirmed before the same shall be put in execution; and that these respective committees shall not sit at one and the same time, except in cases of necessity.

  • xiv.

    And, to the end that all laws prepared by the Governor and provincial Council aforesaid, may yet have the more full concurrence of the freemen of the province, it is declared, granted and confirmed, that, at the time and place or places, for the choices of a provincial council, as aforesaid, the said freemen shall yearly chuse Members to serve in a General Assembly, as their representatives, not exceeding two hundred persons, who shall yearly meet on the twentieth day of the second month, which shall be in the year one thousand six hundred eighty and three following, in the capital town, or city, of the said province, where, during eight days, the several Members may freely confer with one another; and, if any of them see meet, with a committee of the provincial Council (consisting of three out of each of the four committees aforesaid, being twelve in all) which shall be, at that time, purposely appointed to receive from any of them proposals, for the alterations or amendment of any of the said proposed and promulgated bills: and on the ninth day from their so meeting, the said General Assembly, after reading over the proposed bills by the Clerk of the provincial Council, and the occasions and motives for them being opened by the Governor or his Deputy, shall give their affirmative or negative, which to them seemeth best, in such manner as hereinafter is expressed. But not less than two-thirds shall make a quorum in the passing of laws, and choice of such officers as are by them to be chosen.

  • xv.

    That the laws so prepared and proposed, as afore-said, that are assented to by the General Assembly, shall be enrolled as laws of the Province, with this stile: By the Governor, with the assent and approbation of the freemen in provincial Council and General Assembly.

  • xvi.

    That, for the establishment of the government and laws of this province, and to the end there may be an universal satisfaction in the laying of the fundamentals thereof: the General Assembly shall, or may, for the first year, consist of all the freemen of and in the said province; and ever after it shall be yearly chosen, as aforesaid; which number of two hundred shall be enlarged as the country shall increase in people, so as it do not exceed five hundred, at any time; the appointment and proportioning of which, as also the laying and methodizing of the choice of the provin-cial Council and General Assembly, in future times most equally to the divisions of the hundreds and counties, which the country shall hereafter be divided into, shall be in the power of the provincial Council to propose, and the General Assembly to resolve.

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  • xvii.

    That the Governor and the provincial Council shall erect, from time to time, standing courts of justice, in such places and number as they shall judge convenient for the good government of the said province. And that the provincial Council shall, on the thirteenth day of the first month, yearly, elect and present to the Governor, or his Deputy, a double number of persons, to serve for Judges, Treasurers, Masters of Rolls, within the said province, for the year next ensuing; and the freemen of the said province, in the county courts, when they shall be erected, and till then, in the General Assembly, shall, on the three and twentieth day of the second month, yearly, elect and present to the Governor, or his Deputy, a double number of persons, to serve for Sheriffs, Justices of the Peace, and Coroners, for the year next ensuing; out of which respective elections and presentments, the Governor or his Deputy shall nominate and commissionate the proper number for each office, the third day after the said presentments, or else the first named in such presentment, for each office, shall stand and serve for that office the year ensuing.

  • xviii.

    But forasmuch as the present condition of the province requires some immediate settlement, and admits not of so quick a revolution of officers; and to the end the said Province may, with all convenient speed, be well ordered and settled, I, William Penn, do therefore think fit to nominate and appoint such persons for Judges, Treasurers, Masters of the Rolls, Sheriffs, Justices of the Peace, and Coroners, as are most fitly qualified for those employments; to whom I shall make and grant commissions for the said offices, respectively, to hold to them, to whom the same shall be granted, for so long time as every such person shall well behave himself in the office, or place, to him respectively granted, and no longer. And upon the decease or displacing of any of the said officers, the succeeding officer, or officers, shall be chosen, as aforesaid.

  • xix.

    That the General Assembly shall continue so long as may be needful to impeach criminals, fit to be there impeached, to pass bills into laws, that they shall think fit to pass into laws, and till such time as the Governor and provincial Council shall declare that they have nothing further to propose unto them, for their assent and approbation: and that declaration shall be a dismiss to the General Assembly for that time; which General Assembly shall be, notwithstanding, capable of assembling together into laws, and till such time as the Governor and provincial Council shall declare that they have nothing further to propose unto them, for their assent and approbation: and that declaration shall be a dismiss to the General Assembly for that time; which General Assembly shall be, notwithstanding, capable of assembling together upon the summons of the provincial Council, at any time during that year, if the said provincial Council shall see occasion for their so assembling.

  • xx.

    That all the elections of members, or representatives of the people, to serve in provincial Council and General Assembly, and all questions to be determined by both, or either of them, that relate to passing of bills into laws, to the choice of officers, to impeachments by the General Assembly, and judgment of criminals upon such impeachments by the provincial Council, and to all other cases by them respectively judged of importance, shall be resolved and determined by the ballot, and unless on sudden and indispensible occasions, no business in provincial Council, or its respective committees, shall be finally determined the same day that it is moved.

  • xxi.

    That at all times when, and so often as it shall happen that the Governor shall or may be an infant, under the age of one and twenty years, and no guardians or commissioners are appointed in writing, by the father of the said infant, or that such guardians or commissioners shall be deceased; that during such minority, the provincial Council shall, from time to time, as they shall see meet, constitute and appoint guardians or commissioners, not exceeding three, one of which three shall preside as deputy and chief guardian, during such minority, and shall have and execute, with the consent of the other two, all the power of a Governor, in all the public affairs and concerns of the said province.

  • xxii.

    That, as often as any day of the month, mentioned in any article of this charter, shall fall upon the first day of the week, commonly called the Lord’s Day, the business appointed for that day shall be deferred till the next day, unless in case of emergency.

  • xxiii.

    That no act, law, or ordinance whatsoever, shall at any time hereafter, be made or done by the Governor of this province, his heirs or assigns, or by the freemen in the provincial Council, or the General Assembly, to alter, change, or diminish the form, or effect, of this charter, or any part, or clause thereof, without the consent of the Governor, his heirs, or assigns, and six parts of seven of the said freemen in provincial Council and General Assembly.

  • xxiv.

    And lastly, that I, the said for myself, my heirs and assigns, have solemnly declared, granted and confirmed, and do hereby solemnly declare, grant and confirm, that neither I, my heirs, nor assigns, shall procure to do any Edition: current; Page: [28] thing or things, whereby the liberties, in this charter contained and expressed, shall be infringed or broken; and if any thing be procured by any person or persons contrary to these premises, it shall be held of no force or effect. In witness whereof, I, the said William Penn, have unto this present character of liberties set my hand and broad seal, this five and twentieth day of the second month, vulgarly called April, in the year of our Lord one thousand six hundred and eighty-two.

william penn

laws agreed upon in england, &c.

  • i.

    That the charter of liberties, declared, granted and confirmed the five and twentieth day of the second month, called April, 1682, before divers witnesses, by William Penn, Governor and chief Proprietor of Pennsylvania, to all the freemen and planters of the said province, is hereby declared and approved, and shall be for ever held for fundamental in the government thereof, according to the limitations mentioned in the said charter.

  • ii.

    That every inhabitant in the said province, that is or shall be, a purchaser of one hundred acres of land, or upwards, his heirs and assigns, and every persons who shall have paid his passage, and taken up one hundred acres of land, at one penny an acre, and have cultivated ten acres threof, and every person, that hath been a servant, or bondsman, and is free by his service, that shall have taken up his fifty acres of land, and cultivated twenty thereof, and every inhabitant, artificer, or other resident in the said province, that pays scot and lot to the government; shall be deemed and accounted a freeman of the said province: and every such person shall, and may, be capable of electing, or being elected, representatives of the people, in provincial Council, or General Assembly, in the said province.

  • iii.

    That all elections of members, or representatives of the people and freemen of the province of Pennsylvania, to serve in provincial Council, or General Assembly, to be held within the said province, shall be free and voluntary: and that the elector, that shall receive any reward or gift, in meat, drink, monies, or otherwise, shall forfeit his right to elect: and such person as shall directly or indirectly give, promise, or bestow any such reward as aforesaid, to be elected, shall forfeit his election, and be thereby incapable to serve as aforesaid: and the provincial Council and General Assembly shall be the sole judges of the regularity, or irregularity of the elections of their own respective Members.

  • iv.

    That no money or goods shall be raised upon, or paid by, any of the people of this province by way of public tax, custom or contribution, but by a law, for that purpose made; and whoever shall levy, collect, or pay any money or goods contrary thereunto, shall be held a public enemy to the province and a betrayer of the liberties of the people thereof.

  • v.

    That all courts shall be open, and justice shall neither be sold, denied or delayed.

  • vi.

    That, in all courts all persons of all persuasions may freely appear in their own way, and acording to their own manner, and there personally plead their own cause themselves; or, if unable, by their friends: and the first process shall be the exhibition of the complaint in court, fourteen days before the trial; and that the party, complained against, may be fitted for the same, he or she shall be summoned, no less than ten days before, and a copy of the complaint delivered him or her, at his or her dwelling house. But before the complaint of any person be received, he shall solemnly declare in court that he believes, in his conscience, his cause is just.

  • vii.

    That all pleadings, processes and records in courts, shall be short, and in English, and in an ordinary and plain character, that they may be understood, and justice speedily administered.

  • viii.

    That all trials shall be by twelve men, and as near as may be, peers or equals, and of the neighborhood, and men without just exception; in cases of life, there shall be first twenty-four returned by the sheriffs, for a grand inquest, of whom twelve, at least, shall find the complaint to be true; and then the twelve men, or peers, to be likewise returned by the sheriff, shall have the final judgment. But reasonable challenges shall be always admitted against the said twelve men, or any of them.

  • ix.

    That all fees in all cases shall be moderate, and settled by the provincial Council, and General Assembly, and be hung up in a table in every respective court; and whosoever, shall be convicted of taking more, shall pay twofold, and be dismissed his employment; one moiety of which shall go to the party wronged.

  • x.

    That all prisons shall be work-houses, for felons, vagrants, and loose and idle persons; whereof one shall be in every county.

  • xi.

    That all prisoners shall be bailable by sufficient sureties, unless for capital offences, where the proof is evident, or the presumption great.

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  • xii.

    That all persons wrongfully imprisoned, or prosecuted at law, shall have double damages against the informer, or prosecutor.

  • xiii.

    That all prisons shall be free, as to fees, food, and lodging.

  • xiv.

    That all lands and goods shall be liable to pay debts, except where there is legal issue, and then all the goods, and one-third of the land only.

  • xv.

    That all wills, in writing, attested by two witnesses, shall be of the same force as to lands, as other conveyances, being legally proved within forty days, either within or without the said province.

  • xvi.

    That seven years quiet possession shall give an unquestionable right, except in cases of infants, lunatics, married women, or persons beyond the seas.

  • xvii.

    That all briberies and extortion whatsoever shall be severely punished.

  • xviii.

    That all fines shall be moderate, and saving men’s contenements, merchandize, or wainage.

  • xix.

    That all marriages (not forbidden by the law of God, as to nearness of blood and affinity by marriage) shall be encouraged; but the parents, or guardians, shall be first consulted, and the marriage shall be published before it be solemnized; and it shall be solemnized by taking one another as husband and wife, before credible witnesses; and a certificate of the whole, under the hands of parties and witnesses, shall be brought to the proper register of that county, and shall be registered in his office.

  • xx.

    And, to prevent frauds and vexatious suits within the said province, that all charters, gifts, grants, and conveyances (except leases for a year or under) and all bills, bonds, and specialties above five pounds, and not under three months, made in the said province, shall be enrolled, or registered in the public enrolment office of the said province, within the space of two months next after the making thereof, else to be void in law, and all deeds, grants, and conveyances of land (except as aforesaid) within the said province, and made out of the said province, shall be enrolled or registered, as aforesaid, within six months next after the making thereof, and settling and constituting an enrolment office or registry within the said province, else to be void in law against all persons whatsoever.

  • xxi.

    That all defacers or corrupters of charters, gifts, grants, bonds, bills, wills, contracts, and conveyances, or that shall deface or falsify any enrolment, registry or record, within this province, shall make double satisfaction for the same; half whereof shall go to the party wronged, and they shall be dismissed of all places of trust, and be publicly disgraced as false men.

  • xxii.

    That there shall be a register for births, marriages, burials, wills, and letters of administration, distinct from the other registry.

  • xxiii.

    That there shall be a register for all servants, where their names, time, wages, and days of payment shall be registered.

  • xxiv.

    That all lands and goods of felons shall be liable, to make satisfaction to the party wronged twice the value; and for want of lands or goods, the felons shall be bondmen to work in the common prison, or work-house, or otherwise, till the party injured be satisfied.

  • xxv.

    That the estates of capital offenders, as traitors and murderers, shall go, one-third to the next of kin to the sufferer, and the remainder to the next of kin to the criminal.

  • xxvi.

    That all witnesses, coming, or called, to testify their knowledge in or to any matter or thing, in any court, or before any lawful authority, within the said province, shall there give or delivery in their evidence, or testimony, by solemnly promising to speak the truth, the whole truth, and nothing but the truth, to the matter, or thing in question. And in case any person so called to evidence, shall be convicted of wilful falsehood, such person shall suffer and undergo such damage or penalty, as the person, or persons, against whom he or she bore false witness, did, or should, undergo; and shall also make satisfaction to the party wronged, and be publicly exposed as a false witness, never to be credited in any court, or before any Magistrate, in the said province.

  • xxvii.

    And, to the end that all officers chosen to serve within this province, may, with more care and dilligence, answer the trust reposed in them, it is agreed, that no such person shall enjoy more than one public office, at one time.

  • xxviii.

    That all children, within this province, of the age of twelve years, shall be taught some useful trade or skill, to the end none may be idle, but the poor may work to live, and the rich, if they become poor may not want.

  • xxix.

    That servants be not kept longer than their time, and such as are careful, be both justly and kindly used in their service, and put in fitting equipage at the expiration thereof, according to custom.

  • xxx.

    That all scandalous and malicious reporters, backbiters, defamers and spreaders of false news, whether against Magistrates, or private persons, shall be accordingly Edition: current; Page: [30] severely punished, as enemies to the peace and concord of this province.

  • xxxi.

    That for the encouragement of the planters and traders in this province, who are incorporated into a society, the patent granted to them by William Penn, Governor of the said province, is hereby ratified and confirmed.

  • xxxii.

    . . .

  • xxxiii.

    That all factors or correspondents in the said province, wronging their employers, shall make satisfaction, and one-third over, to their said employers: and in case of the death of any such factor or correspondent, the committee of trade shall take care to secure so much of the deceased party’s estate as belongs to his said respective employers.

  • xxxiv.

    That all Treasurers, Judges, Masters of the Rolls, Sheriffs, Justices of the Peace, and other officers and persons whatsoever, relating to courts, or trials of causes, or any other service in the government; and all Members elected to serve in provincial Council and General Assembly, and all that have right to elect such Members, shall be such as possess faith in Jesus Christ, and that are not convicted of ill fame, or unsober and dishonest conversation, and that are of one and twenty years of age, at least; and that all such so qualified, shall be capable of the said several employments and privileges, as aforesaid.

  • xxxv.

    That all persons living in this province, who confess and acknowledge the one Almighty and eternal God, to be the Creator, Upholder and Ruler of the world; and that hold themselves obliged in conscience to live peaceable and justly in civil society, shall, in no ways, be molested or prejudiced for their religious persuasion, or practice, in matters of faith and worship, nor shall they be compelled, at any time, to frequent or maintain any religious worship, place or ministry whatever.

  • xxxvi.

    That, according to the good example of the primitive Christians, and the case of the creation, every first day of the week, called the Lord’s day, people shall abstain from their common daily labour, that they may better dispose themselves to worship God according to their understandings.

  • xxxvii.

    That as a careless and corrupt administration of justice draws the wrath of God upon magistrates, so the wildness and looseness of the people provoke the indignation of God against a country: therefore, that all such offences against God, as swearing, cursing, lying, prophane talking, drunkenness, drinking of healths, obscene words, incest, sodomy, rapes, whoredom, fornication, and other uncleanness (not to be repeated) all treasons, misprisions, murders, duels, felony, seditions, maims, forcible entries, and other violences, to the persons and estates of the inhabitants within this province; all prizes, stage-plays, cards, dice, May-games, gamesters, masques, revels, bull-baitings, cock-fightings, bear-baitings, and the like, which excite the people to rudeness, cruelty, looseness, and irreligion, shall be respectively discouraged, and severely punished, according to the appointment of the Governor and freemen in provincial Council and General Assembly; as also all proceedings contrary to these laws, that are not here made expressly penal.

  • xxxviii.

    That a copy of these laws shall be hung up in the provincial Council, and in public courts of justice: and that they shall be read yearly at the opening of every provincial Council and General Assembly, and court of justice; and their assent shall be testified, by their standing up after the reading thereof.

  • xxxix.

    That there shall be, at no time, any alteration of any of these laws, without the consent of the Governor, his heirs, or assigns, and six parts of seven of the freemen, met in provincial Council and General Assembly.

  • xl.

    That all other matters and things not herein provided for, which shall, and may, concern the public justice, peace, or safety of the said province; and the raising and imposing taxes, customs, duties, or other charges whatsoever, shall be, and are, hereby referred to the order, prudence and determination of the Governor and freemen, in Provincial Council and General Assembly, to be held, from time to time, in the said province.

Signed and sealed by the Governor and freemen aforesaid, the fifth day of the third month, called one thousand six hundred and eighty-two.

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Dorchester Agreement October 8, 1633

The New England town meeting, so often seen as the heart of American democratic practice, was often a quite formal affair. Rules of order were developed over time, and the institution itself was often grounded in official documents. The township of Dorchester was among the first to formally provide for a smaller body of selectmen to carry on the business of the town meeting when it was not in session. This set the stage for further developments in governmental forms and for local conflicts between the people and their representatives.

Dorchester Agreement

An agreement made by the whole consent and vote of the plantation made Mooneday 8th of October, 1633

Inprimus it is ordered that for the generall good and well ordering of the affayres of the Plantation their shall be every Mooneday before the Court by eight of the Clocke in the morning, and prsently upon the beating of the drum, a generall meeting of the inhabitants of the Plantation att the meeteing house, there to settle (and sett downe) such orders as may tend to the generall good as aforesayd; and every man to be bound thereby without gaynesaying or resistance. It is also agreed that there shall be twelve men selected out of the Company that may or the greatest p’t of them meete as aforesayd to determine as aforesayd, yet so as it is desired that the most of the Plantation will keepe the meeting constantly and all that are there although none of the Twelve shall have a free voyce as any of the 12 and that the greate[r] vote both of the 12 and the other shall be of force and efficasy as aforesayd. And it is likewise ordered that all things concluded as aforesayd shall stand in force and be obeyed vntill the next monethly meeteing and afterwardes if it be not contradicted and otherwise ordered upon the sayd monethly meete[ing] by the greatest p’te of those that are prsent as aforesayd. Moreover, because the Court in Winter in the vacansy of the sayd [ ] this said meeting to continue till the first Mooneday in the moneth mr Johnson, mr Eltwid Pummery (mr. Richards), John Pearce, George Hull, William Phelps, Thom. ffoard.

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Maryland Act for Swearing Allegiance 1638

Plymouth Oath of Allegiance and Fidelity 1625

Current American oaths, including that demanded of witnesses giving testimony at trial and the so-called Pledge of Allegiance, constitute remnants of a centuries-long tradition demanding that citizens and subjects bind themselves to their political communities and leaders. England’s Henry VIII used this tradition, among other means, to force the conversion of his people from the Catholic Church by demanding that they swear the Oath of Supremacy to him as head of the English Church. James I later required an oath to himself, but not as head of the church. Charles I, who reigned between 1625 and 1649, required both oaths of his subjects. However, because they were governed according to derivative charters, not all colonists were called on to swear them. Maryland, settled in large measure by Catholics fleeing English laws forbidding the practice of their religion, sought a more lenient oath. Protestant dissenters, likewise alienated from the hierarchy of the Church of England, also sought to avoid swearing oaths they thought impious. Local conditions—including provisions in the Massachusetts Bay charter, Plymouth plantation’s existence beyond the borders of any chartered colony, and actions by local authorities—allowed for compromise. Maryland’s Catholics were not required to recognize the king as head of their church, so long as they agreed to serve him as their temporal sovereign. The Puritans of Plymouth went further, using the oath swearing as a means by which to bind community members to the colony itself. In this way they undergirded the colonial government’s legitimacy and provided a means by which to bring in new members as time went by.

Maryland Act for Swearing Allegiance

Be it Enacted and ordeined by the Lord Proprietarie of this Province by and with the Consent and approbation of the ffreemen of the same that all and every person or persons of the age of eighteen years and upwards Inhabitants or that Shall come hereafter to Inhabite within this Province shall within one month next after this present Assembly shall be dissolved or within one month after such person or persons shall land or come into this Province take an oath to our Soveraigne Lord King Charles his heirs and Successors in these words following (I: A B doe truly acknowledge professe testifie and declare in my concience before God and the World that our Soveraigne Lord King Charles is lawfull and rightfull King of England and of all other his Majesties Dominions and Countries and I will bear true faith and allegeance to his Majestie his heirs and lawfull Successors and him and them will defend to the uttermost of my power against all conspiracies and such attempts whatsoever which shall be made against his or their Crowne or dignity and shall and will doe my best endeavour to disclose and make known to his Majestie his heirs and lawfull Successors all Treasons and traiterous consperacies which I shall know or heare to be intended against his Majestie his heirs and lawfull Successors And I doe make this recognition and acknowledgement heartily willingly and truely upon the faith of a Christian So help me God) And Be it further Enacted By the authority aforesaid that if any person or persons to whom the Said oaths Shall be tendred by Virtue of this present act Shall willfully refuse to take the same that then Upon such tender and refusall the said person or persons so refuseing to take the said Oath shall be imprisoned till the next County Court or hundred Court of Kent and if at such Court such partie shall upon the Second tender refuse again to take the said oath the partie or parties so refuseing shall forfeit and lose all his Lands goods and Chattells within this Province to the Lord Proprietarie and his heirs and Shall be banished the said Province for ever (except women covert who Shall be committed only to prison untill such time as they will take the same oath).

To which end Be it further Enacted by the authority aforesaid that the Lieutent Generall or other officer Governour or Governours (for the time being) of this Province Edition: current; Page: [33] or two of the Councill or the Secretary of the Province for the time being or any Judge sitting in Court or the Commander of the Isle of Kent for persons being or that Shall be in the Ile of Kent Shall have full power to administer the said oath in manner aforesaid according to the intention of this present act This Act to continue till the end of the next assembly

Plymouth Oath of Allegiance and Fidelity

form of oath for all inhabitants

You shall sweare by the name of the great God . . . & earth & in his holy fear, & presence that you shall not speake, or doe, devise, or advise, anything or things, acte or acts, directly, or indirectly, By land, or water, that doth, shall, or may, tend to the destruction or overthrowe of this pres-ent plantation, Colonie, or Corporation of this towne Plimouth in New England.

Neither shall you suffer the same to be spoken, or done, but shall hinder & opposse the same, by all due means you can.

You shall not enter into any league, treaty, Confederace or combination, with any, within the said Colonie or without the same that shall plote, or contrive any thing to the hurte & ruine of the growth, and good of the said plantation.

You shall not consente to any such confederation, nor conceale any known unto you certainly, or by conje but shall forthwith manifest & make knowne by same, to the Governours of this said towne for the time being.

And this you promise & swear, simply & truly, & faithfully to performe as a true christian [you hope for help from God, the God of truth & punisher of falshoode].

form of the oath given the governor and council at every election

You shall swear, according to that wisdom, and measure of discerning given unto you; faithfully, equally & indifrently without respect of persons; to administer Justice, in all causes coming before you. And shall labor, to advance, & furder the good of this Colony, & plantation, to the utmost of your power; and oppose any thing that may hinder the same. So help you God.

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Little Speech on Liberty

John Winthrop (1588–1649) was the son of a lawyer and himself practiced law until 1629 when, after the death of his second wife, his disillusionment with religious and political life in England caused him to seek a better life in New England. Already prominent among Puritan leaders, Winthrop was elected governor of Massachusetts Bay colony prior to his arrival in 1630. His speech on board the ship Arrabella, “A Modell of Christian Charity” (1630), provides a famous picture of Puritan community life and the call to be as “a City upon a Hill,” providing an example of godly virtue for all nations. Winthrop served as governor for twelve of his remaining nineteen years, but his authority was not unquestioned. He presided over the trial and expulsion of Anne Hutchinson for preaching her antinomian views and in 1645 suffered impeachment (though he was acquitted) arising from charges that he showed too little respect for the judgment, desires, and liberties of the common people of his colony. In his “Little Speech on Liberty,” delivered on his acquittal, Winthrop distinguishes between the natural liberty shared by all creatures to do what they desire and the civil liberty that allows a people to do what God demands.

Governor Winthrop’s Speech

I suppose something may be expected from me, upon this charge that is befallen me, which moves me to speak now to you; yet I intend not to intermeddle in the proceedings of the court, or with any of the persons concerned therein. Only I bless God, that I see an issue of this troublesome business. I also acknowledge the justice of the court, and, for mine own part, I am well satisfied, I was publicly charged, and I am publicly and legally acquitted, which is all I did expect or desire. And though this be sufficient for my justification before men, yet not so before the God, who hath seen so much amiss in my dispensations (and even in this affair) as calls me to be humble. For to be publicly and criminally charged in this court, is matter of humiliation, (and I desire to make a right use of it,) notwithstanding I be thus acquitted. If her father had spit in her face, (saith the Lord concerning Miriam,) should she not have been ashamed seven days? Shame had lien upon her, whatever the occasion had been. I am unwilling to stay you from your urgent affairs, yet give me leave (upon this special occasion) to speak a little more to this assembly. It may be of some good use, to inform and rectify the judgments of some of the people, and may prevent such distempers as have arisen amongst us. The great questions that have troubled the country, are about the authority of the magistrates and the liberty of the people. It is yourselves who have called us to this office, and being called by you, we have our authority from God, in way of an ordinance, such as hath the image of God eminently stamped upon it, the contempt and violation whereof hath been vindicated with examples of divine vengeance. I entreat you to consider, that when you choose magistrates, you take them from among yourselves, men subject to like passions as you are. Therefore when you see infirmities in us, you should reflect upon your own, and that would make you bear the more with us, and not be severe censurers of the failings of your magistrates, when you have continual experience of the like infirmities in yourselves and others. We account him a good servant, who breaks not his covenant. The covenant between you and us is the oath you have taken of us, which is to this purpose, that we shall govern you and judge your causes by the rules of God’s laws and our own, according to our best skill. When you agree with a workman to build you a ship or house, etc., he undertakes as well for his skill as for his faithfulness, for it his profession, and you pay him for both. But when you call one to be a magistrate, he doth not profess nor undertake to have sufficient skill for that office, nor can you furnish him with gifts, etc., therefore you must run the hazard of his skill and ability. But if he fail in faithfulness, which by his oath he is bound unto, that he must answer for. If it fall out that the case be clear to common apprehension, and the rule clear also, if he transgress here, the error is not in the skill, but in the evil of the will: it must Edition: current; Page: [35] be required of him. But if the case be doubtful, or the rule doubtful, to men of such understanding and parts as your magistrates are, if your magistrates should err here, yourselves must bear it.

For the other point concerning liberty, I observe a great mistake in the country about that. There is a twofold liberty, natural (I mean as our nature is now corrupt) and civil or federal. The first is common to man with beasts and other creatures. By this, man, as he stands in relation to man simply, hath liberty to do what he lists; it is a liberty to evil as well as to good. This liberty is incompatible and inconsistent with authority, and cannot endure the least restraint of the most just authority. The exercise and maintaining of this liberty makes men grow more evil, and in time to be worse than brute beasts: omnes sumus licentiâ deteriores. This is that great enemy of truth and peace, that wild beast, which all the ordinances of God are bent against, to restrain and subdue it. The other kind of liberty I call civil or federal; it may also be termed moral, in reference to the covenant between God and man, in the moral law, and the politic covenants and constitutions amongst men themselves. This liberty is the proper end and object of authority, and cannot subsist without it; and it is a liberty to that only which is good, just, and honest. This liberty you are to stand for, with the hazard (not only of your goods, but) of your lives, if need be. Whatsoever crosseth this, is not authority, but a distemper thereof. This liberty is maintained and exercised in a way of subjection to authority; it is of the same kind of liberty wherewith Christ hath made us free. The woman’s own choice makes such a man her husband; yet being so chosen, he is her lord, and she is to be subject to him, yet in a way of liberty, not of bondage; and a true wife accounts her subjection her honor and freedom, and would not think her condition safe and free, but in her subjection to her husband’s authority. Such is the liberty of the church under the authority of Christ, her king and husband; his yoke is so easy and sweet to her as a bride’s ornaments; and if through frowardness or wantonness, etc., she shake it off, at any time, she is at no rest in her spirit, until she take it up again; and whether her lord smiles upon her, and embraceth her in his arms, or whether he frowns, or rebukes, or smites her, she apprehends the sweetness of his love in all, and is refreshed, supported, and instructed by every such dispensation of his authority over her. On the other side, ye know who they are that complain of this yoke and say, let us break their bands, etc., we will not have this man to rule over us. Even so, brethren, it will be between you and your magistrates. If you stand for your natural corrupt liberties, and will do what is good in your own eyes, you will not endure the least weight of authority, but will murmur, and oppose, and be always striving to shake off that yoke; but if you will be satisfied to enjoy such civil and lawful liberties, such as Christ allows you, then will you quietly and cheerfully submit unto that authority which is set over you, in all the administrations of it, for your good. Wherein, if we fail at any time, we hope we shall be willing (by God’s assistance) to hearken to good advice from any of you, or in any other way of God; so shall your liberties be preserved, in upholding the honor and power of authority amongst you.

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Copy of a Letter from Mr. Cotton to Lord Say and Seal

John Cotton (1584–1652), the son of a successful lawyer, was a prominent minister in England until 1633. In that year, his skills and connections finally failed to protect him from a hostile Anglican hierarchy, and he was dismissed from his post for failing to conform to Church of England doctrines. He left for New England, where he became a leading teacher and minister. The letter to Lord Say and Seal was written in response to a Puritan nobleman who expressed an interest in emigrating to America. Lord Say and Seal was concerned that Puritan practice in the colonies would not guarantee that the social position held by his friends and himself would automatically gain them citizenship, church membership, and leading positions in the community. Cotton responded by defending the Puritan reliance on church membership as a sign of godly virtue both necessary and sufficient for full citizenship. The nobleman did not move to New England.

Copy of a Letter from Mr. Cotton to Lord Say and Seal in the Year 1636

Right honourable,

What your Lordship writeth of Dr. Twisse his works de scientiâ mediâ, and of the sabbath, it did refresh me to reade, that his labors of such arguments were like to come to light; and it would refresh me much more to see them here: though (for my owne particular) till I gett some release from some constant labors here (which the church is desirous to procure) I can get litle, or noe oppertunity to reade any thing, or attend to any thing, but the dayly occurrences which presse in upon me continually, much beyond my strength either of body or minde. Your Lordships advertisement touching the civill state of this colony, as they doe breath forth your singular wisdome, and faithfulness, and tender care of the peace, so wee have noe reason to misinterprite, or undervalue your Lordships eyther directions, or intentions therein. I know noe man under heaven (I speake in Gods feare without flattery) whose counsell I should rather depend upon, for the wise administration of a civill state according to God, than upon your Lordship, and such confidence have I (not in you) but in the Lords presence in Christ with you, that I should never feare to betrust a greater commonwealth than this (as much as in us lyeth) under such a perpetuâ dictaturâ as your lordship should prescribe. For I nothing doubt, but that eyther your Lordship would prescribe all things according to the rule, or be willing to examine againe, and againe, all things according to it. I am very apt to believe, what Mr. Perkins hath, in one of his prefatory pages to his golden chaine, that the word, and scriptures of God doe conteyne a short upoluposis, or platforme, not onely of theology, but also of other sacred sciences (as he calleth them) attendants, and hand maids thereunto, which he maketh ethicks, eoconomicks, politicks, church-government, prophecy, academy. It is very suitable to Gods all-sufficient wisdome, and to the fulnes and perfection of Holy Scriptures, not only to prescribe perfect rules for the right ordering of a private mans soule to everlasting blessednes with himselfe, but also for the right ordering of a mans family, yea, of the commonwealth too, so farre as both of them are subordinate to spiritual ends, and yet avoide both the churches usurpation upon civill jurisdictions, in ordine ad spiritualia, and the commonwealths invasion upon ecclesiasticall administrations, in ordine to civill peace, and conformity to the civill state. Gods institutions (such as the government of church and of commonwealth be) may be close and compact, and coordinate one to another, and yet not confounded. God hath so framed the state of church government and ordinances, that they may be compatible to any commonwealth, though never so much disordered in his frame. But yet when a commonwealth hath liberty to mould his owne frame (scripturae plenitudinem adoro) I conceyve the scripture hath given full direction for the right ordering of the same, and that, in such sort as may best mainteyne the euexia Edition: current; Page: [37] of the church. Mr. Hooker doth often quote a saying out of Mr. Cartwright (though I have not read it in him) that noe man fashioneth his house to his hangings, but his hangings to his house. It is better that the commonwealth be fashioned to the setting forth of Gods house, which is his church: than to accommodate the church frame to the civill state. Democracy, I do not conceyve that ever God did ordeyne as a fitt government eyther for church or commonwealth. If the people be governors, who shall be governed? As for monarchy, and aristocracy, they are both of them clearely approoved, and directed in scripture, yet so as referreth the soveraigntie to himselfe, and setteth up Theocracy in both, as the best forme of government in the commonwealth, as well as in the church.

The law, which your Lordship instanceth in [that none shall be chosen to magistracy among us, but a church member] was made and enacted before I came into the countrey; but I have hitherto wanted sufficient light to plead against it. 1st. The rule that directeth the choice of supreame governors, is of like aequitie and weight in all magistrates, that one of their brethren (not a stranger) should be set over them. Deut. 17.15. and Jethroes counsell to Moses was approved of God, that the judges, and officers to be set over the people, should be men fearing God. Exod. 18. 21. and Solomon maketh it the joy of a commonwealth, when the righteous are in authority, and their mourning when the wicked rule, Prov. 29. 21. Job 34. 30. Your Lordship’s feare, that this will bring in papal excommunicatjon, is iust, and pious; but let your Lordship be pleased againe to consider whether the consequence be necessary. Turpius ejicitur quam non admittitur: non-membership may be a iust cause of non-admission to the place of magistracy, but yet, ejection out of his membership will not be a iust cause of ejecting him out of his magistracy. A godly woman, being to make choice of an husband, may iustly refuse a man that is eyther cast out of church fellowship, or is not yet receyved into it, but yet, when shee is once given to him, shee may not reject him then, for such defect. Mr. Humfrey was chosen for an assistant (as I heare) before the colony came over hither: and, though he be not as yet ioyned into church fellowship (by reason of the unsetlednes of the congregation where he liveth) yet the commonwealth doe still continue his magistracy to him, as knowing he waiteth for oppertunity of enioying church-fellowship shortly.

When your Lordship doubteth, that this corse will draw all things under the determination of the church, in ordine ad spiritualia (seeing the church is to determine who shall be members, and none but a member may have to doe in the government of a commonwealth) be pleased (I pray you) to conceyve, that magistrates are neyther chosen to office in the church, nor doe governe by directions from the church, but by civill lawes, and those enacted in generall corts, and executed in corts of iustice, by the governors and assistants. In all which, the church (as the church) hath nothing to doe: onely, it prepareth fitt instruments both to rule, and to choose rulers, which is no ambition in the church, nor dishonor to the commonwealth, the apostle, on the contrary, thought it a great dishonor and reproach to the church of Christ, if it were not able to yield able judges to heare and determine all causes amongst their brethren. i. Cor, 6. i. to 5. which place alone seemeth to me fully to decide this question: for it plainely holdeth forth this argument: It is a shame to the church to want able judges of civill matters and an audacious act in any church member voluntarily to go for judgment, other where than before the saints (as v. i.) then it will be noe arrogance nor folly in church members, nor preiudice to the commonwealth, if voluntarily they never choose any civill judges but from amongst the saints, such as church members are called to be. But the former is cleare: and how then can the latter be avoyded. If this therefore be (as your Lordship rightly conceyveth one of the maine objections if not the onely one) which hindereth this commonwealth from the entertainment of the propositions of those worthy gentlemen, wee intreate them, in the name of the Lord Jesus, to consider, in meeknes of wisdome, it is not any conceite, or will of ours, but the holy counsell and will of the Lord Jesus (whom they seeke to serve as well as wee) that overruleth us in this case: and we trust will overrule them also, that the Lord onely may be exalted amongst all his servants. What pittie and griefe were it, that the observance of the will of Christ should hinder good things from us!

But your Lordship doubteth, that if such a rule were necessary, then the church estate and the best ordered commonwealth in the world were not compatible. But let not your Lordship so conceyve. For, the church submitteth it selfe to all the lawes and ordinances of men, in what commonwealth soever they come to dwell. But it is one thing, to submit unto what they have noe calling to reforme: another thing, voluntarily to ordeyne a forme of government, which to the best discerning of many of us Edition: current; Page: [38] (for I speake not of myselfe) is expressly contrary to rule. Nor neede your Lordship feare (which yet I speake with submission to your Lordships better judgment) that this corse will lay such a foundation, as nothing but a mere democracy can be built upon it. Bodine confesseth, that though it be status popularis, where a people choose their owne governors; yet the government is not a democracy, if it be administred, not by the people, but by the governors, whether one (for then it is a monarchy, though elective) or by many, for then (as you know) it is aristocracy. In which respect it is, that church government is iustly denyed (even by Mr. Robinson) to be democratical, though the people choose their owne officers and rulers.

Nor neede wee feare, that this course will, in time, cast the commonwealth into distractions, and popular confusions. For (under correction) these three things doe not undermine, but doe mutually and strongly mainteyne one another (even those three which wee principally aime at) authority in magistrates, liberty in people, purity in the church. Purity, preserved in the church, will preserve well ordered liberty in the people, and both of them establish well-ballanced authority in the magistrates. God is the author of all these three, and neyther is himselfe the God of confusion, nor are his wayes the wayes of confusion, but of peace.

What our brethren (magistrates or ministers, or lead-ing freeholders) will answer to the rest of the propositions, I shall better understand before the gentlemans returne from Connecticutt, who brought them over. Mean while, two of the principall of them, the generall cort hath already condescended unto. 1. In establishing a standing councell, who, during their lives, should assist the governor in managing the chiefest affayres of this little state. They have chosen, for the present, onely two (Mr. Winthrope and Mr. Dudley) not willing to choose more, till they see what further better choyse the Lord will send over to them, that so they may keep an open doore, for such desireable gentlemen as your Lordship mentioneth. 2. They have graunted the governor and assistants a negative voyce, and reserved to the freemen the like liberty also. Touching other things, I hope to give your Lordship further account, when the gentleman returneth.

He being now returned, I have delivered to him an answer to the rest of your demands, according to the mindes of such leading men amongst us, as I thought meete to consult withall, concealing your name from any, except 2 or 3, who alike doe concurr in a joynt desire of yeilding to any such propositions, as your Lordship demandeth, so farre as with allowance from the word they may, beyond which I know your Lordship would not require any thing.

Now the Lord Jesus Christ (the prince of peace) keepe and bless your Lordship, and dispose of all your times and talents to his best advantage: and let the covenant of his grace and peace rest upon your honourable family and posterity, throughout all generations.

Thus, humbly craving pardon for my boldnesse and length, I take leave and rest,

Your Honours to serve in Christ Jesus,

J. C.
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part two: Religious Society and Religious Liberty in Early America

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Throughout America, as throughout Europe, religious life and political life were intimately tied during the seventeenth and eighteenth centuries. Debates over religious toleration generally concerned whether people holding minority beliefs—be they Catholics in a Protestant country, Protestants in a Catholic nation, or dissenting Protestant groups within either—should be allowed to practice their religion without criminal sanction.

The modern liberal state, set up to protect individual choice against the demands of political, religious, and sometimes economic pressure, did not yet exist. Violent conflict still arose over religious disagreements. One cause of the English Civil War was opposition to Charles I’s drive to bring dissenters to heel within the Anglican Church, which Charles was making more “Catholic” in its ceremonies. Religious disagreements could become violent because all sides considered them important. Civil government rested on religious faith and would crumble without it. Moreover, in a time during which people took seriously the possibility of both salvation and damnation, the tendency of particular belief systems to promote or undermine salvation was considered crucial, as was the tendency of particular political institutions to promote or undermine good religion.

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The Bloody Tenent, of Persecution, for Cause of Conscience

Roger Williams (1603–83) began his career as a minister in the Church of England. His Puritan ideas caused him to immigrate to New England in 1631, where his religious beliefs continued to change. He first became a kind of Baptist, then refused to adhere to any single Christian doctrine. He was banished from Massachusetts Bay in 1636 for preaching his beliefs. Soon thereafter, Williams helped found the colony of Rhode Island. This colony lacked a charter, so, in 1643, Williams returned to England to secure one. He also set about writing The Bloody Tenent, of Persecution, for Cause of Conscience, discussed, in a Conference betweene Truth and Peace. The “conference” between Truth and Peace (with Truth speaking for Williams) begins after the portion reproduced here. This portion is taken up with Williams’s dedication to the English parliament and a “letter” that Williams sent to Puritan leader John Cotton, which was purportedly written by a man who had been imprisoned for his religious beliefs. The letter seeks Cotton’s opinion as to whether the persecution of religious dissent can ever be properly imposed. Williams’s book begins with this letter, which is followed by Cotton’s reply, which in turn is followed by the conference between Truth and Peace.

The Bloody Tenent, of Persecution, for Cause of Conscience

To the Right Honorable, both Houses of the High Court of Parliament

Right Honourable and Renowned Patriots:

Next to the saving of your own soules (in the lamen-table shipwrack of Mankind) your taske (as Christians) is to save the Soules, but as Magistrates, the Bodies and Goods of others.

Many excellent Discourses have been presented to your Fathers hands and Yours in former and present Parliaments: I shall be humbly bold to say, that (in what concernes your duties as Magistrates, towards others) a more necessary and seasonable debate was never yet presented.

Two things your Honours here may please to view (in this Controversie of Persecution for cause of Conscience) beyond what’s extant.

First the whole Body of this Controversie form’d & pitch’d in true Battalia.

Secondly (although in respect of my selfe it be impar congressus, yet in the power of that God who is Maximus in Minimis, Your Honours shall see the Controversie is discussed with men as able as most, eminent for abilitie and pietie, Mr. Cotton, and the New English Ministers.

When the Prophets in Scripture have given their Coats of Armes and Escutchions to Great Men, Your Honours know the Babylonian Monarch hath the Lyon, the Persian the Beare, the Grecian the Leopard, the Romane a compound of the former 3. most strange and dreadfull, Dan. 7.

Their oppressing, plundring, ravishing, murthering, not only of the bodies, but the soules of Men are large explaining commentaries of such similitudes.

Your Honours have been famous to the end of the World, for your unparallel’d wisdome, courage, justice, mercie, in the vindicating your Civill Lawes, Liberties, &c. Yet let it not be grievous to your Honours thoughts to ponder a little, why all the Prayers and Teares and Fastings in this Nation have not pierc’d the Heavens, and quench’d these Flames, which yet who knowes how far they’ll spread, and when they’ll out!

Your Honours have broke the jawes of the Oppressour, and taken the prey out of their Teeth (Iob. 29.) For which Act I believe it hath pleased the most High God to set a Guard (not only of Trained Men, but) of mighty Angels, to secure your sitting and the Citie.

I feare we are not pardoned, though reprieved: O that there may be a lengthning of Londons tranquilitie, of the Parliaments safetie, by mercy to the poore! Dan. 4.

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Right Honorable, Soule yokes, Soule oppression, plundrings, ravishings, &c. are of a crimson and deepest dye, and I believe the chiefe of Englands sins, unstopping the Viols of Englands present sorrowes.

This glasse presents your Honours with Arguments from Religion, Reason, Experience, all proving that the greatest yoakes yet lying upon English necks, (the peoples and Your own) are of a spirituall and soule nature.

All former Parliaments have changed these yoakes according to their consciences, (Popish or Protestant) ’Tis now your Honours turne at helme, and (as your task, so I hope your resolution, not to change (for that is but to turne the wheele, which another Parliament, and the very next may turne againe:) but to ease the Subjects and Your selves from a yoake (as was once spoke in a case not unlike Act. 15.) which neither You nor your Fathers were ever able to beare.

Most Noble Senatours, Your Fathers (whose seats You fill) are mouldred, and mouldring their braines, their tongues, &c. to ashes in the pit of rottenesse: They and You must shortly (together with two worlds of men) appeare at the great Barre: It shall then be no griefe of heart that you have now attended to the cries of Soules, thousands oppressed, millions ravished by the Acts and Statutes concerning Soules, not yet repealed.

Of Bodies impoverished, imprisoned, &c. for their soules beliefe, yea slaughtered on heapes for Religions controversies in the Warres of present and former Ages.

“Notwithstanding the successe of later times, (wherein sundry opinions have been hatched about the subject of Religion) a man may clearly discerne with his eye, and as it were touch with his finger that according to the verity of holy Scriptures, &c. mens consciences ought in no sort to be violated, urged or constrained. And whensoever men have attempted any thing by this violent course, whether openly or by secret meanes, the issue hath beene pernicious, and the cause of great and wonderfull innovations in the principallest and mightiest Kingdomes and Countries, &c.

It cannot be denied to be a pious and prudentiall act for Your Honours (according to your conscience) to call for the advice of faithfull Councellours in the high debates concerning Your owne, and the soules of others.

Yet let it not be imputed as a crime for any suppliant to the God of Heaven for You, if in the humble sense of what their soules beleeve, they powre forth (amongst others) these three requests at the Throne of Grace.

First, That neither Your Honours, nor those excellent and worthy persons, whose advice you seek, limit the holy One of Israel to their apprehensions, debates, conclusions, rejecting or neglecting the humble and faithfull suggestions of any, though as base as spittle and clay, with which sometimes Christ Iesus opens the eyes of them that are borne blinde.

Secondly, That the present and future generations of the Sons of Men may never have cause to say that such a Parliament (as England never enjoyed the like) should modell the worship of the living, eternall and invisible God after the Bias of any earthly interest, though of the highest concernment under the Sunne: And yet, faith that learned Sir Francis Bacon (how ever otherwise perswaded, yet thus he confesseth:) “Such as hold pressure of Conscience, are guided therein by some private interests of their owne.”

Thirdly, What ever way of worshipping God Your owne Consciences are perswaded to walke in, yet (from any bloody act of violence to the consciences of others) it may bee never told at Rome nor Oxford, that the Parliament of England hath committed a greater rape, then if they had forced or ravished the bodies of all the women in the World.

And that Englands Parliament (so famous throughout all Europe and the World) should at last turne Papists, Prelatists, Presbyterians, Independents, Socinians, Familists, Antinomians, &c. by confirming all these sorts of Consciences, by Civill force and violence to their Consciences.

Scriptures and Reasons written long since by a Witnesse of Jesus Christ, close Prisoner in Newgate, against Persecution in cause of Conscience; and sent some while since to Mr. Cotton, by a Friend who thus wrote:

In the multitude of Councellours there is safety: It is therefore humbly desired to be instructed in this point: viz.

Whether Persecution for cause of Conscience be not against the Doctrine of Jesus Christ the King of Kings. The Scriptures and Reasons are these.

Because Christ commandeth that the Tares and Wheat (which some understand are those that walke in the Truth, and those that walke in Lies) should be let alone in the World, and not plucked up untill the Harvest, which is the end of the World, Matth. 13. 30. 38. &c.

The same commandeth Matth. 15. 14. that they that are Blinde (as some interpret, led on in false Religion, and are Edition: current; Page: [44] offended with him for teaching true Religion) should be let alone, referring their punishment unto their falling into the Ditch.

Againe, Luke 9. 54, 55. hee reproved his Disciples who would have had Fire come downe from Heaven and devoure those Samaritanes who would not receive Him, in these words: Ye know not of what Spirit ye are, the son of Man is not come to destroy Mens lives, but to save them.

Paul the Apostle of our Lord teacheth, 2 Tim. 24. 2. That the servant of the Lord must not strive, but must be gentle toward all Men, suffering the Evill Men, instructing them with meeknesse that are contrary minded, proving if God at any time will give them repentance, that they may acknowledge the Truth, and come to amendment out of that snare of the devill, &c.

According to these blessed Commandements, the holy Prophets foretold, that when the Law of Moses (concern-ing Worship) should cease, and Christs Kingdome be established, Esa. 2. 4. Mic. 4. 3, 4. They shall breake their Swords into Mathookes, and their Speares into Sithes. And Esa. 11. 9. Then shall none hurt or destroy in all the Mountaine of my Holinesse, &c. And when he came, the same he taught and practised, as before: so did his Disciples after him, for the Weapons of his Warfare are not carnall (saith the Apostle) 2 Cor. 10. 4.

But he chargeth straitly that his Disciples should be so far from persecuting those that would not bee of their Religion, that when they were persecuted they should pray (Matth. 5.) when they were cursed they should blesse, &c.

And the Reason seemes to bee, because they who now are Tares, may hereafter become Wheat; they who are now blinde, may hereafter see; they that now resist him, may hereafter receive him; they that are now in the devils snare, in adversenesse to the Truth, may hereafter come to repentance; they that are now blasphemers and persecutors (as Paul was) may in time become faithfull as he; they that are now idolators as the Corinths once were (1 Cor. 6. 9.) may hereafter become true worshippers as they; they that are now no people of God, nor under mercy (as the Saints sometimes were, 1 Pet. 2. 20.) may hereafter become the people of God, and obtaine mercy, as they.

Some come not till the 11. houre, Matth. 20. 6. if those that come not till the last houre should be destroyed, because they come not at the first, then should they never come but be prevented.

All which premises are in all humility referred to your godly wise consideration.

Because this persecution for cause of conscience is against the profession and practice of famous Princes.

First, you may please to consider the speech of King James, in his Majesties Speech at Parliament, 1609. He saith, it is a sure Rule in divinity, that God never loves to plant his Church by violence and bloodshed.

And in his Highnesse Apologie, pag. 4. speaking of such Papists that tooke the Oath, thus:

“I gave good proofe that I intended no persecution against them for conscience cause, but onely desired to bee se-cured for civill obedience, which for conscience cause they are bound to performe.”

And pag. 60. speaking of Blackwell 1 (the Arch-priest) his Majesty saith, “It was never my intention to lay any thing to the said Arch-Priests charge (as I have never done to any) for cause of conscience.” And in his Highnesse Exposition on Revel. 20. printed 1588. and after [in] 1603. his Majesty writeth thus: “Sixthly, the compassing of the Saints and the besieging of the beloved City, declareth unto us a certaine note of a false Church, to be Persecution, for they come to seeke the faithfull, the faithfull are them that are sought: the wicked are the besiegers, the faithfull are the besieged.”

Secondly, the saying of Stephen King of Poland: 2 “I am King of Men, not of Consciences, a Commander of Bodies, not of Soules.

Thirdly, the King of Bohemia hath thus written:

“And notwithstanding the successe of the later times (wherein sundry opinions have beene hatched about the subject of Religion) may make one clearly discerne with his eye, and as it were to touch with his Finger, that according to the veritie of Holy Scriptures, and a Maxime heretofore Edition: current; Page: [45] told and maintained, by the ancient Doctors of the Church; That mens consciences ought in no sort to bee violated, urged, or constrained; and whensoever men have attempted any thing by this violent course, whether openly or by secret meanes, the issue hath beene pernicious, and the cause of great and wonderfull Innovations in the principallest and mightiest Kingdomes and Countries of all Christendome.”

And further his Majesty saith: “So that once more we doe professe before God and the whole World, that from this time forward wee are firmly resolved not to persecute or molest, or suffer to be persecuted or molested, any person whosoever for matter of Religion, no not they that professe themselves to be of the Romish Church, neither to trouble or disturbe them in the exercise of their Religion, so they live conformable to the Lawes of the States, &c.” 3

And for the practice of this, where is persecution for cause of conscience except in England and where Popery reignes, and there neither in all places, as appeareth by France, Poland, and other places.

Nay, it is not practised amongst the Heathen that acknowledge not the true God, as the Turke, Persian, and others.

Thirdly, because persecution for cause of conscience is condemned by the ancient and later Writers, yea and Papists themselves.

Hilarie against Auxentius 4 saith thus: The Christian Church doth not persecute, but is persecuted. And lamentable it is to see the great folly of these times, and to sigh at the foolish opinion of this world, in that men thinke by humane aide to helpe God, and with worldly pompe and power to undertake to defend the Christian Church. I aske you Bishops, what helpe used the Apostles in the publishing of the Gospel? with the aid of what power did they preach Christ, and converted the Heathen from their idolatry to God? When they were in prisons, and lay in chaines, did they praise and give thankes to God for any dignities, graces, and favours received from the Court? Or do you thinke that Paul went about with Regall Mandates, or Kingly authority, to gather and establish the Church of Christ? sought he protection from Nero, Vespasian?

The Apostles wrought with their hands for their owne maintenance, travailing by land and water from Towne to Citie, to preach Christ: yea the more they were forbidden, the more they taught and preached Christ. But now alas, humane helpe must assist and protect the Faith, and give the same countenance to and by vaine and worldly honours. 5 Doe men seek to defend the Church of Christ? as if hee by his power were unable to performe it.

The same against the Arrians.

The Church now, which formerly by induring misery and imprisonment was knowne to be a true Church, doth now terrifie others by imprisonment, banishment, and misery, and boasteth that she is highly esteemed of the world, when as the true Church [she] cannot but be hated of the same.

Tertull. ad Scapulam: 6 It agreeth both with humane reason, and naturall equity, that every man worship God uncompelled, and beleeve what he will; for it neither hurteth nor profiteth any one another mans Religion and Beleefe: Neither beseemeth it any Religion to compell another to be of their Religion, which willingly and freely should be imbraced, and not by constraint: for as much as the offerings were required of those that freely and with good will offered, and not from the contrary.

Jerom. in proaem. lib. 4. in Jeremiam. 7 Heresie must be cut off with the Sword of the Spirit: let us strike through with the Arrowes of the Spirit all Sonnes and Disciples of mis-led Heretickes, that is, with Testimonies of holy Scriptures. The slaughter of Heretickes is by the word of God.

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Brentius 8 upon 1 Cor. 3. No man hath power to make or give Lawes to Christians, whereby to binde their consciences; for willingly, freely, and uncompelled, with a ready desire and cheerfull minde, must those that come, run unto Christ.

Luther in his Booke of the Civill Magistrate 9 saith; The Lawes of the Civill Magistrates government extends no further then over the body or goods, and to that which is externall: for over the soule God will not suffer any man to rule: onely he himselfe will rule there. Wherefore whosoever doth undertake to give Lawes unto the Soules and Consciences of Men, he usurpeth that government himselfe which appertaineth unto God, &c.

Therefore upon 1 Kings 5. 10 In the building of the Temple there was no sound of Iron heard, to signifie that Christ will have in his Church a free and a willing People, not compelled and constrained by Lawes and Statutes.

Againe he saith upon Luk. 22. 11 It is not the true Catholike Church, which is defended by the Secular Arme or humane Power, but the false and feigned Church, which although it carries the Name of a Church yet it denies the power thereof.

And upon Psal. 17. 12 he saith: For the true Church of Christ knoweth not Brachium saeculare, which the Bishops now adayes, chiefly use.

Againe, in Postil. Dom. 1. post Epiphan. 13 he saith: Let not Christians be commanded, but exhorted: for, He that willingly will not doe that, whereunto he is friendly exhorted, he is no Christian: wherefore they that doe compell those that are not willing, shew thereby that they are not Christian Preachers, but Worldly Beadles.

Againe, upon 1 Pet. 3. 14 he saith: If the Civill Magistrate shall command me to believe thus and thus: I should answer him after this manner: Lord, or Sir, Looke you to your Civill or Worldly Government, Your Power extends not so farre as to command any thing in Gods Kingdome: Therefore herein I may not heare you. For if you cannot beare it, that any should usurpe Authoritie where you have to Command, how doe you thinke that God should suffer you to thrust him from his Seat, and to seat your selfe therein?

Lastly, the Papists, the Inventors of Persecution, in a wicked Booke of theirs set forth in K. James his Reigne, thus:

Moreover, the Meanes which Almighty God appointed his Officers to use in the Conversion of Kingdomes and Nations, and People, was Humilitie, Patience, Charitie; saying, Behold I send you as Sheepe in the midst of Wolves, Mat. 10. 16. He did not say, Behold I send you as Wolves among Sheepe, to kill, imprison, spoile and devoure those unto whom they were sent.

Againe vers. 7. he saith: They to whom I send you, will deliver you up into Councells, and in their Synagogues they will scourge you; and to Presidents and to Kings shall you be led for my sake. He doth not say: You whom I send, shall deliver the people (whom you ought to convert) unto Councells, and put them in Prisons, and lead them to Presidents, and Tribunall Seates, and make their Religion Felony and Treason.

Againe he saith, vers. 32. When ye enter into an House, salute it, saying, Peace be unto this House: he doth not say, You shall send Pursevants to ransack or spoile his House.

Againe he said, John 10. The good Pastour giveth his life for his Sheep, the Thiefe commeth not but to steale, kill and destroy. He doth not say, The Theefe giveth his life for his Sheep, and the Good Pastour commeth not but to steale, kill and destroy.

So that we holding our peace, our Adversaries themselves speake for us, or rather for the Truth.

To Answer Some Maine Objections

And first, that it is no prejudice to the Common wealth, if Libertie of Conscience were suffred to such as doe feare God indeed, as is or will be manifest in such mens lives and conversations.

Abraham abode among the Canaanites a long time, yet contrary to them inReligion, Gen. 13. 7. & 16. 13. Againe he sojourned in Gerar, and K.Abimelech gave him leave to abide in his Land, Gen. 20. 21. 23. 24.

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Isaack also dwelt in the same Land, yet contrary in Religion, Gen. 26.

Jacob lived 20 yeares in one House with his Unkle Laban, yet differed in Religion, Gen. 31.

The people of Israel were about 430 yeares in that infamous land of Egypt, and afterwards 70 yeares in Babylon, all which time they differed in Religion from the States, Exod. 12. & 2 Chron. 36.

Come to the time of Christ, where Israel was under the Romanes, where lived divers Sects of Religion, as Herodians, Scribes and Pharises, Saduces and Libertines, Thudaeans and Samaritanes, beside the Common Religion of the Jewes, Christ and his Apostles. All which differed from the Common Religion of the State, which was like the Worship of Diana, which almost the whole world then worshipped, Acts 19. 20.

All these lived under the Government of Caesar, being nothing hurtfull unto the Common-wealth, giving unto Caesar that which was his. And for their Religion and Consciences towards God, he left them to themselves, as having no Dominion over their Soules and Consciences. And when the Enemies of the Truth raised up any Tumults, the wisedome of the Magistrate most wisely appeased them, Acts 18 14. & 19. 35.

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A Platform of Church Discipline

A Platform of Church Discipline, Gathered out of the Word of God, and Agreed upon by the Elders and Messengers of the Churches Assembled in the Synod, at Cambridge, in New-England To Be Presented to the Churches and General Court for Their Consideration and Acceptance in the Lord, the 8th Month, Anno 1649

CHAPTER I: Of the Form of Church-Government; and That It Is One, Immutable, and Prescribed in the Word

  • 1.

    Ecclesiastical polity, or church-government or discipline, is nothing else but that form and order that is to be observed in the church of Christ upon earth, both for the constitution of it, and all the administrations that therein are to be performed.

  • 2.

    Church-government is considered in a double respect, either in regard of the parts of government themselves, or necessary circumstances thereof. The parts of government are prescribed in the word, because the Lord Jesus Christ, (Heb. iii. 5, 6; Exo. xxv. 40; 2 Tim. iii. 16,) the King and Law-giver in his church, is no less faithful in the house of God, than was Moses, who from the Lord delivered a form and pattern of government to the children of Israel in the Old Testament; and the holy Scriptures are now also so perfect as they are able to make the man of God perfect, and thoroughly furnished unto every good work; and therefore doubtless to the well-ordering of the house of God.

  • 3.

    The parts of church-government are all of them exactly described in the word of God, (1 Tim. iii. 15; 1 Chr. xv. 13; Exod. ii. 4; 1 Tim. vi. 13. 16; Heb. xii. 27, 28; 1 Cor. xv. 24,) being parts or means of instituted worship according to the second commandment, and therefore to continue one and the same unto the appearing of our Lord Jesus Christ, as a kingdom that cannot be shaken, until he shall deliver it up unto God, even to the Father. (Deut. xii. 32; Ezek. xlv. 8; 1 Kin. xii. 31, 32, 33.) So that it is not left in the power of men, officers, churches, or any state in the world, to add, or diminish, or alter any thing in the least measure therein.

  • 4.

    The necessary circumstances, as time and place, &c., belonging unto order and decency, are not so left unto men, as that, under pretence of them, they may thrust their own inventions upon the churches, (2 Kin. xii.; Exo. xx. 19; Isa. xxviii. 13; Col. i. 22, 23,) being circumscribed in the word with many general limitations, where they are determined with respect to the matter to be neither worship it self, nor circumstances separable from worship. (Acts xv. 28; Mat. xv. 9; 1 Cor. xi. 23, and viii. 34.) In respect of their end, they must be done unto edification; in respect of the manner, decently and in order, according to the nature of the things themselves, and civil and church custom. Doth not even nature its self teach you? Yea, they are in some sort determined particularly—namely, that they be done in such a manner as, all circumstances considered, is most expedient for edification: (1 Cor. xiv. 26, and xiv. 40, and xi. 14. 16, and xiv. 12. 19; Acts xv. 28.) So as, if there be no error Edition: current; Page: [49] of man concerning their determination, the determining of them is to be accounted as if it were divine.

CHAPTER II: Of the Nature of the Catholick Church in General, and in Special of a Particular Visible Church

  • 1.

    The catholick church is the whole company of those that are elected, redeemed, and in time effectually called from the state of sin and death unto a state of grace and salvation in Jesus Christ.

  • 2.

    This church is either triumphant or militant. Triumphant, the number of them who are glorified in heaven; militant, the number of them who are conflicting with their enemies upon earth.

  • 3.

    This militant church is to be consider’d as invisible and visible. (2 Tim. ii. 19; Rev. ii. 17; 1 Cor. vi. 17; Eph. iii. 17; Rom. i. 8; 1 Thes. i. 8; Isa. ii. 2; 1 Tim. vi. 12.) Invisible, in respect to their relation, wherein they stand to Christ as a body unto the head, being united unto him by the Spirit of God and faith in their hearts. Visible, in respect of the profession of their faith, in their persons, and in particular churches. And so there may be acknowledged an universal visible church.

  • 4.

    The members of the militant visible church, considered either as not yet in church order, or walking according to the church order of the gospel. (Acts xix. 1; Col. ii. 5; Mat. xviii. 17; 1 Cor. v. 12.) In order, and so besides the spiritual union and communion common to all believers, they enjoy moreover an union and communion ecclesiastical, political. So we deny an universal visible church.

  • 5.

    The state of the members of the militant visible church, walking in order, was either before the law, (Gen. xviii. 19; Exod. xix. 6,) economical, that is, in families; or under the law, national; or since the coming of Christ, only congregational (the term independent, we approve not): therefore neither national, provincial, nor classical.

  • 6.

    A congregational church is by the institution of Christ a part of the militant visible church, consisting of a company of saints by calling, united into one body by an holy covenant, for the publique worship of God, and the mutual edification of one another in the fellowship of the Lord Jesus. (1 Cor. xiv. 23. 36, and i. 2, and xii. 27; Ex. xix. 5, 6; Deut. xxix. 1, and 9 to 15; Acts ii. 42; 1 Cor. xiv. 26.)

CHAPTER III: Of the Matter of the Visible Church, Both in Respect of Quality and Quantity

  • 1.

    The matter of the visible church are saints by calling.

  • 2.

    By saints, we understand—1, Such as have not only attained the knowledge of the principles of religion, and are free from gross and open scandals, but also do, together with the profession of their faith and repentance, walk in blameless obedience to the word, so as that in charitable discretion they may be accounted saints by calling, (tho’ perhaps some or more of them be unsound and hypocrites inwardly) because the members of such particular churches are commonly by the Holy Ghost called “saints and faithful brethren in Christ;” and sundry churches have been reproved for receiving, and suffering such persons to continue in fellowship among them, as have been offensive and scandalous; the name of God also, by this means, is blasphemed, and the holy things of God defiled and profaned, the hearts of the godly grieved, and the wicked themselves hardened and holpen forward to damnation. (1 Cor. i. 2; Eph. i. 1; Heb. vi. 1; 1 Cor. i. 5; Ro. xv. 14; Psalm l. 16, 17; Acts viii. 37; Mat. iii. 6; Ro. vi. 17; 1 Cor. i. 2; Phil. i. 2; Col. i. 2; Eph. i. 1; 1 Cor. v. 2. 13; Rev. ii. 14, 15. 20; Ezek. xliv. 7. 9, and xxiii. 38, 39; Numb. xix. 20; Hag. ii. 13, 14; 1 Cor. xi. 27. 29; Psa. xxxvii. 21; 1 Cor. v. 6; 2 Cor. vii. 14.) The example of such doth endanger the sanctity of others, a little leaven leaveneth the whole lump. 2, The children of such who are also holy.

  • 3.

    The members of churches, tho’ orderly constituted, may in time degenerate, and grow corrupt and scandalous, which, tho’ they ought not to be tolerated in the church, yet their continuance therein, thro’ the defect of the execution of discipline and just censures, doth not immediately dissolve the being of a church, as appears in the church of Israel, and the churches of Galatia and Corinth, Pergamos and Thyatira. (Rev. ii. 14, 15; and xxi. 21.)

  • 4.

    The matter of the church, in respect of its quan-tity, ought not to be of greater number than may ordinarily meet together conveniently in one place; (1 Cor. xiv. 21; Mat. xviii. 17,) nor ordinarily fewer than may conveniently carry on church-work. Hence, when the holy Scripture makes mention of the saints combined into a church es-tate in a town or city, where was but one congregation, it Edition: current; Page: [50] usually calleth those saints [“the church”] in the singular number, as “the church of the Thessalonians,” “the church of Smyrna, Philadelphia,” &c.; (Rom. xvi. 1; 1 Thes. i. 1; Rev. ii. 28, and iii. 7,) but when it speaketh of the saints in a nation or province, wherein there were sundry congregations, it frequently and usually calleth them by the name of [“churches”] in the plural number, as the “churches of Asia, Galatia, Macedonia,” and the like: (1 Cor. xvi. 1. 19; Gal. i. 2; 2 Cor. viii. 1; Thes. ii. 14,) which is further confirmed by what is written of sundry of those churches in particular, how they were assembled and met together the whole church in one place, as the church at Jerusalem, the church at Antioch, the church at Corinth and Cenchrea, tho’ it were more near to Corinth, it being the port thereof, and answerable to a village; yet being a distinct congregation from Corinth, it had a church of its own, as well as Corinth had. (Acts ii. 46, and v. 12, and vi. 2, and xiv. 27, and xv. 38; 1 Cor. v. 4, and xiv. 23; Rom. xvi. 1.)

  • 5.

    Nor can it with reason be thought but that every church appointed and ordained by Christ, had a ministry appointed and ordained for the same, and yet plain it is that there were no ordinary officers appointed by Christ for any other than congregational churches; (Acts xx. 28,) elders being appointed to feed not all flocks, but the particular flock of God, over which the Holy Ghost had made them overseers, and that flock they must attend, even the whole flock: and one congregation being as much as any ordinary elders can attend, therefore there is no greater church than a congregation which may ordinarily meet in one place.

CHAPTER IV: Of the Form of the Visible Church, and of Church Covenant

  • 1.

    Saints by calling must have a visible political union among themselves, or else they are not yet a particular church, (1 Cor. xii. 27; 1 Tim. iii. 15; Eph. ii. 22; 1 Cor. xii. 15, 16, 17,) as those similitudes hold forth, which the Scripture makes use of to shew the nature of particular churches; as a body, a building, house, hands, eyes, feet and other members, must be united, or else (remaining separate) are not a body. Stones, timber, tho’ squared, hewen and polished, are not an house, until they are compacted and united: (Rev. ii.) so saints or believers in judgment of charity, are not a church unless orderly knit together.

  • 2.

    Particular churches cannot be distinguished one from another but by their forms. Ephesus is not Smyrna, nor Pergamos Thyatira; but each one a distinct society of it-self, having officers of their own, which had not the charge of others; virtues of their own, for which others are not praised; corruptions of their own, for which others are not blamed.

  • 3.

    This form is the visible covenant, agreement or consent, whereby they give up themselves unto the Lord, to the observing of the ordinances of Christ together in the same society, which is usually call’d the “church covenant.” (Ex. xix. 5. 8; Deut. xxix. 12, 13; Zec. xi. 14, and ix. 11,) for we see not otherwise how members can have church-power over one another mutually. The comparing of each particular church to a city, and unto a spouse, (Eph. ii. 19; 2 Cor. xi. 2,) seemeth to conclude not only a form, but that that form is by way of covenant. The covenant, as it was that which made the family of Abraham and children of Israel to be a church and people unto God, (Gen. xvii. 7; Eph. ii. 12. 18,) so is it that which now makes the several societies of Gentile believers to be churches in these days.

  • 4.

    This voluntary agreement, consent or covenant—for all these are here taken for the same—altho’ the more express and plain it is, the more fully it puts us in mind of our mutual duty; and stirreth us up to it, and leaveth less room for the questioning of the truth of the church-estate of a company of professors, and the truth of membership of particular persons; yet we conceive the substance of it is kept where there is real agreement and consent of a company of faithful persons to meet constantly together in one congregation, for the publick worship of God, and their mutual edification: which real agreement and consent they do express by their constant practice in coming together for the publick worship of God and by their religious subjection unto the ordinances of God there: (Exod. xix. 5, and xx. 8, and xxiv. 3. 17; Josh. xxiv. 18 to 24; Psal. 1. 5; Neh. ix. 38, and x. 1; Gen. xvii.; Deut. xxix.) the rather, if we do consider how Scripture-covenants have been entred into, not only expressly by word of mouth, but by sacrifice, by hand-writing and seal; and also sometimes by silent consent, without any writing or expression of words at all.

  • 5.

    This form being by mutual covenant, it followeth, it is not faith in the heart, nor the profession of that faith, nor cohabitation, nor baptism. 1, Not faith in the heart, because Edition: current; Page: [51] that is invisible. 2, Not a bare profession, because that declareth them no more to be members of one church than another. 3, Not cohabitation: Atheists or Infidels may dwell together with believers. 4, Not Baptism, because it presupposeth a church-estate, as circumcision in the Old Testament, which gave no being to the church, the church being before it, and in the wilderness without it. Seals presuppose a covenant already in being. One person is a compleat subject of baptism, but one person is uncapable of being a church.

  • 6.

    All believers ought, as God giveth them opportunity thereunto, to endeavour to join themselves unto a particular church, and that in respect of the honour of Jesus Christ, in his example and institution, by the professed acknowledgment of and subjection unto the order and ordinances of the gospel: (Acts ii. 47, and ix. 26; Mat. iii. 13, 14, 15, and xxviii. 19, 20; Psa. cxxxiii. 2, 3, and lxxxvii. 7; Mat. xviii. 20; 1 John i. 3,) as also in respect of their good communion founded upon their visible union, and contained in the promises of Christ’s special presence in the church; whence they have fellowship with him, and in him, one with another: also in the keeping of them in the way of God’s commandments, and recovering of them in case of wandering, (which all Christ’s sheep are subject to in this life,) being unable to return of themselves; together with the benefit of their mutual edification, and of their posterity, that they may not be cut off from the privilege of the covenant. (Psa. cxix. 176; 1 Pet. ii. 25; Eph. iv. 16; Job xxii. 24, 25; Mat. xviii. 15, 16, 17.) Otherwise, if a believer offends, he remains destitute of the remedy provided in that behalf. And should all believers neglect this duty of joining to all particular congregations, it might follow thereupon that Christ should have no visible, political churches upon earth.

CHAPTER V: Of the First Subject of Church-Power; Or, to Whom Church-Power Doth First Belong

  • 1.

    The first subject of church-power is either supreme, or subordinate and ministerial. The supreme (by way of gift from the Father) is the Lord Jesus Christ. (Mat. xviii. 18; Rev. iii. 7; Isa. ix. 6; Joh. xx. 21. 23; 1 Cor. xiv. 32; Tit. i. 5; 1 Cor. v. 12.) The ministerial is either extraordinary, as the apostles, prophets and evangelists; or ordinary, as every particular Congregational church.

  • 2.

    Ordinary church power is either power of office—that is, such as is proper to the eldership—or power of privilege, such as belongs to the brotherhood. (Rom. xii. 4. 8; Acts i. 23, and vi. 3, and xiv. 23; 1 Cor. x. 29, 30.) The latter is in the brethren formally and immediately from Christ—that is, so as it may be acted or exercised immediately by themselves; the former is not in them formally or immediately, and therefore cannot be acted or exercised immediately by them, but is said to be in them, in that they design the persons unto office, who only are to act or to exercise this power.

CHAPTER VI: Of the Officers of the Church, And Especially of Pastors and Teachers

  • 1.

    A church being a company of people combined together by covenant for the worship of God, it appeareth thereby that there may be the essence and being of a church without any officers, seeing there is both the form and matter of a church; which is implied when it is said, “the apostles ordained elders in every church.” (Acts xiv. 23.)

  • 2.

    Nevertheless, tho’ officers be not absolutely necessary to the simple being of churches, when they be called; yet ordinarily to their calling they are, and to their well-being: (Rom. x. 17; Jer. iii. 15; 1 Cor. xii. 28,) and therefore the Lord Jesus Christ, out of his tender compassion, hath appointed and ordained officers, which he would not have done, if they had not been useful and needful to the church; (Eph. iii. 11; Psa. lxviii. 18; Eph. iv. 8. 11,) yea, being ascended up to heaven, he received gifts for men; whereof officers for the church are justly accounted no small parts, they being to continue to the end of the world, and for the perfecting of all the saints.

  • 3.

    These officers were either extraordinary or ordinary: extraordinary, as apostles, prophets, evangelists; ordinary, as elders and deacons. The apostles, prophets, and evangelists, as they were called extraordinarily by Christ, so their office ended with themselves: (1 Cor. xii. 28; Eph. iv. 11; Acts viii. 6. 16. 19, and xi. 28; Rom. xi. 13; 1 Cor. iv. 9,) whence it is that Paul, directing Timothy how to carry along church-administration, giveth no direction about the choice or course of apostles, prophets or evangelists, Edition: current; Page: [52] but only of elders and deacons; and when Paul was to take his last leave of the church of Ephesus, he committed the care of feeding the church to no other, but unto the elders of that church. The like charge does Peter commit to the elders. (1 Tim. iii. 1, 2. 8 to 13; Tit. i. 5; Acts xx. 17. 28; 1 Pet. v. 1, 2, 3.)

  • 4.

    Of elders (who are also in Scripture called bishops) some attend chiefly to the ministry of the word, as the pastors and teachers; (1 Tim. ii. 3; Phil. i. 1; Acts xx. 17. 28,) others attend especially unto rule, who are, therefore, called ruling-elders. (1 Tim. v. 17.)

  • 5.

    The office of pastor and teacher appears to be distinct. The pastor’s special work is, to attend to exhortation, and therein to administer a word of wisdom: (Eph. iv. 11; Rom. xii. 7, 8; 1 Cor. xii. 8,) the teacher is to attend to doctrine, and therein to administer a word of knowledge: (1 Tim. iv. 1, 2. Tit. i. 9,) and either of them to administer the seals of that covenant, unto the dispensation whereof they are alike called; as also to execute the censures, being but a kind of application of the word: the preaching of which, together with the application thereof, they are alike charged withal.

  • 6.

    Forasmuch as both pastors and teachers are given by Christ for the perfecting of the saints and edifying of his body; (Eph. iv. 11, 12, and i. 22, 23,) which saints and body of Christ is his church: and therefore we account pastors and teachers to be both of them church-officers, and not the pastor for the church, and the teacher only for the schools: (1 Sam. x. 12., 19, 20,) tho’ this we gladly acknowledge, that schools are both lawful, profitable, and necessary, for the training up of such in good literature or learning as may afterwards be called forth unto office of pastor or teacher in the church. (2 Kings ii. 3. 15.)

CHAPTER VII: Of Ruling Elders and Deacons

  • 1.

    The ruling elder’s office is distinct from the office of pastor and teacher; (Rom. xii. 7, 8, 9; 1 Tim. v. 17; 1 Cor. xii. 28; Heb. xiii. 17; 1 Tim. v. 17,) the ruling elders are not so called to exclude the pastors and teachers from ruling, because ruling and governing is common to these with the other; whereas attending to teach and preach the word is peculiar unto the former.

  • 2.

    The ruling elder’s work is to join with the pastor and teacher in those acts of spiritual rule, which are distinct from the ministry of the word and sacraments commit-ted to them: (1 Tim. v. 17; 2 Chron. xxiii. 19; Rev. xxi. 12; 1 Tim. iv. 14; Matth. xviii. 17; 2 Cor. ii. 7, 8; Acts ii. 6; Acts xxi. 18. 22, 23.) Of which sort these be as followeth: 1, To open and shut the doors of God’s house, by the admission of members approved by the church; by ordination of officers chosen by the church, and by excommunication of notorious and obstinate offenders renounced by the church, and by restoring of penitents forgiven by the church. 2, To call the church together when there is occasion, (Acts vi. 2, 3; and xiii. 15,) and seasonably to dismiss them again. 3, To prepare matters in private, that in publick they may be carried an end with less trouble, and more speedy dispatch. (2 Cor. viii. 19; Heb. xiii. 7, 17; 2 Thess. ii. 10, 11, 12.) 4, To moderate the carriage of all matters in the church assembled, as to propound matters to the church. To order the season of speech and silence, and to pronounce sentence according to the mind of Christ, with the consent of the church. 5, To be guides and leaders to the church in all matters whatsoever pertaining to church-administrations and actions. 6, To see that none in the church live inordinately, out of rank and place without a calling, or idlely in their calling. (Acts xx. 28. 32; 1 Thess. v. 12; Jam. v. 14; Acts xx. 20.) 7, To prevent and heal such offences in life or in doctrine as might corrupt the church. 8, To feed the flock of God with a word of admonition. 9, And, as they shall be sent for, to visit and pray over their sick brethren. 10, And at other times, as opportunity shall serve thereunto.

  • 3.

    The office of a deacon is instituted in the church by the Lord Jesus: (Acts vi. 3. 6; Phil. i. 1; 1 Tim. iii. 8; 1 Cor. xii. 28; 1 Tim. iii. 8, 9; Acts iv. 35, and vi. 2, 3; Rom. xii. 8.) Sometimes they are called helps. The Scripture telleth us how they should be qualified: “Grave, not double-tongued, not given to much wine, not given to filthy lucre.” They must first be proved, and then use the office of a deacon, being found blameless. The office and work of a deacon is to receive the offerings of the church, gifts given to the church, and to keep the treasury of the church, and therewith to serve the tables, which the church is to provide for; as the Lord’s table, the table of the ministers, and of such as are in necessity, to whom they are to distribute in simplicity.

  • 4.

    The office, therefore, being limited unto the care of the temporal good things of the church, (1 Cor. vii. 17,) it Edition: current; Page: [53] extends not to the attendance upon, and administration of the spiritual things thereof, as the word, and sacraments, and the like.

  • 5.

    The ordinance of the apostle, (1 Cor. xvi. 1, 2, 3,) and practice of the church, commends the Lord’s-day as a fit time for the contributions of the saints.

  • 6.

    The instituting of all these officers in the church is the work of God himself, of the Lord Jesus Christ, of the Holy Ghost: (1 Cor. xii. 28; Eph. iv. 8. 11; Acts xx. 28.) And therefore such officers as he hath not appointed, are altogether unlawful, either to be placed in the church or to be retained therein, and are to be looked at as humane creatures, meer inventions and appointments of man, to the great dishonour of Christ Jesus, the Lord of his, the King of his church, whether popes, cardinals, patriarchs, arch-bishops, lord-bishops, arch-deacons, officials, commissaries, and the like. These and the rest of that hierarchy and retinue, not being plants of the Lord’s planting, shall all be certainly rooted out and cast forth. (Matth. xv. 13).

  • 7.

    The Lord hath appointed ancient widows (1 Tim. v. 9, 10,) (where they may be had) to minister in the church, in giving attendance to the sick, and to give succour unto them and others in the like necessities.

CHAPTER VIII: Of the Election of Church Officers

  • 1.

    No man may take the honour of a church-officer unto himself but he that was called of God, as was Aaron. (Heb. v. 4.)

  • 2.

    Calling unto office is either immediate, by Christ himself—such was the call of the apostles and prophets; (Gal. i. 1; Acts xiv. 23, and vi. 3,) this manner of calling ended with them, as hath been said—or mediate, by the church.

  • 3.

    It is meet that, before any be ordained or chosen officers, they should first be tried and proved, because hands are not suddenly to be laid upon any, and both elders and deacons must be of both honest and good report. (1 Tim. v. 22, and vii. 10; Acts xvi. 2, and vi. 3.)

  • 4.

    The things in respect of which they are to be tried, are those gifts and vertues which the Scripture requireth in men that are to be elected unto such places, viz: That elders must be “blameless, sober, apt to teach,” and endued with such other qualifications as are laid down: 1 Tim. iii. 2; Tit. i. 6 to 9. Deacons to be fitted as is directed: Acts vi. 3; 1 Tim. iii. 8 to 11.

  • 5.

    Officers are to be called by such churches whereunto they are to minister. Of such moment is the preservation of this power, that the churches exercised it in the presence of the apostles. (Acts xiv. 23, and i. 23, and vi. 3, 4, 5.)

  • 6.

    A church being free, cannot become subject to any but by a free election; yet when such a people do chuse any to be over them in the Lord, then do they become subject, and most willingly submit to their ministry in the Lord, whom they have chosen. (Gal. v. 13; Heb. xiii. 17.)

  • 7.

    And if the church have power to chuse their officers and ministers, (Rom. xvi. 17,) then, in case of manifest unworthiness and delinquency, they have power also to depose them: for to open and shut, to chuse and refuse, to constitute in office, and to remove from office, are acts belonging to the same power.

  • 8.

    We judge it much conducing to the well-being and communion of the churches, (Cant. viii. 8, 9,) that, where it may conveniently be done, neighbour churches be advised withal, and their help be made use of in trial of church-officers, in order to their choice.

  • 9.

    The choice of such church-officers belongeth not to the civil magistrate as such, or diocesan bishops, or patrons: for of these, or any such like, the Scripture is wholly silent, as having any power therein.

CHAPTER IX: Of Ordination and Imposition of Hands

  • 1.

    Church-officers are not only to be chosen by the church, (Acts xiii. 3, and xiv. 23,) but also to be ordained by imposition of hands and prayer, with which at the ordination of elders, fasting also is to be joined. (1 Tim. v. 22.)

  • 2.

    This ordination (Numb. viii. 10; Acts vi. 5, 6, and xiii. 2, 3,) we account nothing else but the solemn putting a man into his place and office in the church, whereunto he had right before by election; being like the installing of a magistrate in the common-wealth. Ordination therefore is not to go before, but to follow election, (Acts vi. 5, 6, and xiv. 23.) The essence and substance of the outward calling of an ordinary officer in the church does not consist in his ordination, but in his voluntary and free election by the church, and his accepting of that election; whereupon is founded that relation between pastor and flock, Edition: current; Page: [54] between such a minister and such a people. Ordination does not constitute an officer, nor give him the essentials of his office. The apostles were elders, without imposition of hands by men: Paul and Barnabas were officers before that imposition of hands, (Acts xiii. 3.) The posterity of Levi were priests and Levites before hands were laid on them by the children of Israel.

  • 3.

    In such churches where there are elders, imposition of hands in ordination is to be performed by those elders. (1 Tim. iv. 10; Acts xiii. 3; 1 Tim. v. 22.)

  • 4.

    In such churches where there are no elders, (Numb. iii. 10,) imposition of hands may be performed by some of the brethren orderly chosen by the church thereunto. For, if the people may elect officers, which is the greater, and wherein the substance of the office doth consist, they may much more (occasion and need so requiring) impose hands in ordination; which is less, and but the accomplishment of the other.

  • 5.

    Nevertheless, in such churches where there are no elders, and the church so desire, we see not why imposition of hands may not be performed by the elders of other churches. Ordinary officers laid hands upon the officers of many churches: the presbytery at Ephesus laid hands upon Timothy an evangelist; (1 Tim. iv. 14; Acts xiii. 3,) the presbytery at Antioch laid hands upon Paul and Barnabas.

  • 6.

    Church-officers are officers to one church, even that particular over which the Holy Ghost hath made them overseers. Insomuch as elders are commanded to feed not all flocks, but the flock which is committed to their faith and trust, and dependeth upon them. Nor can constant residence at one congregation be necessary for a minister—no, nor yet lawful—if he be not a minister to one congregation only, but to the church universal; (1 Pet. v. 2; Acts xx. 28,) because he may not attend one part only of the church to which he is a minister, but he is called to attend unto all the flock.

  • 7.

    He that is clearly released from his office relation unto that church whereof he was a minister, cannot be looked at as an officer, nor perform any act of office in any other church, unless he be again orderly called unto office: which, when it shall be, we know nothing to hinder; but imposition of hands also in his ordination (Acts xx. 28,) ought to be used towards him again: for so Paul the apostle received imposition of hands twice at least from Ananias, (Acts ix. 17, and xiii. 3.)

CHAPTER X: Of the Power of the Church and Its Presbytery

  • 1.

    Supreme and Lordly power over all the churches upon earth doth only belong to Jesus Christ, who is king of the church, and the head thereof (Ps. ii. 6; Eph. i. 21, 22; Isa. ix. 6; Mat. xxviii. 18.) He hath the government upon his shoulders, and hath all power given to him, both in heaven and earth.

  • 2.

    A company of professed believers, ecclesiastically confederate, as they are a church before they have officers, and without them; so, even in that estate, subordinate church-power (Acts i. 23, and xiv. 23, and vi. 3, 4; Mat. xviii. 17; 1 Cor. v. 4, 5,) under Christ delegated to them by him, doth belong to them in such a manner as is before expressed, Chap. V. Sec. 2, and as flowing from the very nature and essence of a church; it being natural unto all bodies, and so unto a church-body, to be furnished with sufficient power for its own preservation and subsistence.

  • 3.

    This government of the church (Rev. iii. 7; 1 Cor. v. 12,) is a mixt government (and so has been acknowledged, long before the term of independency was heard of); in respect of Christ, the head and king of the church, and the Sovereign Power residing in him, and exercised by him, it is a monarchy; in respect of the body or brotherhood of the church, and power from Christ granted unto them (1 Tim. v. 27,) it resembles a democracy; in respect of the presbytery and power committed unto them, it is an aristocracy.

  • 4.

    The Sovereign Power, which is peculiar unto Christ, is exercised—1, In calling the church out of the world into an holy fellowship with himself. (Gal. i. 4; Rev. v. 8, 9; Mat. xxviii. 20; Eph. iv. 8. 11; Jam. iv. 12; Is. xxxiii. 22; 1 Tim. iii. 15; 2 Cor. x. 4, 5; Is. xxxii. 2; Luke i. 71.) 2, In instituting the ordinances of his worship, and appointing his ministers and officers for the dispensing of them. 3, In giving laws for the ordering of all our ways, and the ways of his house. 4, In giving power and life to all his institutions, and to his people by them. 5, In protecting and delivering his church against and from all the enemies of their peace.

  • 5.

    The power granted by Christ unto the body of the church and brotherhood, is a prerogative or priviledge which the church doth exercise—1, In choosing their own officers, whether elders or deacons. (Acts vi. 3. 5. and xiv. 23, and Edition: current; Page: [55] ix. 26; Mat. xviii. 15, 16, 17.) 2, In admission of these members; and therefore there is great reason they should have power to remove any from their fellowship again. Hence, in case of offence, any brother hath power to convince and admonish an offending brother: and, in case of not hearing him, to take one or two more to set on the admoni-tion: and in case of not hearing them, to proceed to tell the church: and as his offence may require, the whole church has power to proceed to the censure of him, whether by admonition or excommunication: (Tit. iii. 10; Col. iv. 17; Mat. xviii. 17; 2 Cor. ii. 7, 8,) and upon his repentance to restore him again unto his former communion.

  • 6.

    In case an elder offend incorrigibly, the matter so requiring, as the church had power to call him to office, so they have power according to order (the counsel of other churches, where it may be had, directing thereto) to remove him from his office, and being now but a member, (Col. iv. 17; Ro. xvi. 17; Mat. xviii. 17,) in case he add contumacy to his sin, the church, that had power to receive him into their fellowship, hath also the same power to cast him out that they have concerning any other member.

  • 7.

    Church-government or rule is placed by Christ in the officers of the church, (1 Tim. v. 17; Heb. xiii. 17; 1 Thes. v. 12,) who are therefore called rulers, while they rule with God: yet, in case of male-administration, they are sub-ject to the power of the church, as hath been said before. (Rom. xii. 8; 1 Tim. v. 17; 1 Cor. xii. 28, 29; Heb. xiii. 7. 17.) The Holy Ghost frequently—yea, always—where it mentioneth church-rule and church government, ascribeth it to elders: whereas the work and duty of the people is expressed in the phrase of “obeying their elders,” and “submitting themselves unto them in the Lord.” So as it is manifest that an organick or compleat church is a body politick, consisting of some that are governours and some that are governed in the Lord.

  • 8.

    The power which Christ hath committed to the elders is to feed and rule the church of God, and accordingly to call the church together upon any weighty occasion; (Acts xx. 28, and vi. 2; Numb. xvi. 12; Ezek. xlvi. 10; Acts xiii. 15; Hos. iv. 4,) when the members so called, without just cause, may not refuse to come, nor when they are come, depart before they are dismissed, nor speak in the church, before they have leave from the elders, nor continue so doing when they require silence; nor may they oppose or contradict the judgment or sentence of the elders, without sufficient and weighty cause, because such practices are manifestly contrary unto order and government, and inlets of disturbance, and tend to confusion.

  • 9.

    It belongs also unto the elders before to examine any officers or members before they be received of the church, (Rev. ii. 2; 1 Tim. v. 19; Acts xxi. 18. 22, 23; 1 Cor. v. 4, 5,) to receive the accusations brought to the church, and to prepare them for the churches hearing. In handling of offences and other matters before the church, they have power to declare and publish the will of God touching the same, and to pronounce sentence with the consent of the church. (Numb. vi. 23 to 26.) Lastly, They have power, when they dismiss the people, to bless them in the name of the Lord.

  • 10.

    This power of government in the elders doth not any wise prejudice the power of privilege in the brotherhood; as neither the power of privilege in the brethren, doth prejudice the power of government in the elders, (Acts xiv. 15. 23, and vi. 2; 1 Cor. v. 4; 2 Cor. ii. 6, 7,) but they may sweetly agree together; as we may see in the example of the apostles, furnished with the greatest church-power, who took in the concurrence and consent of the brethren in church-administrations. Also that Scripture (2 Cor. ii. 9, and x. 6) doth declare that what the churches were to act and to do in these matters, they were to do in a way of obedience, and that not only to the direction of the apostles, but also of their ordinary elders. (Heb. xiii. 17.)

  • 11.

    From the promises, namely, that the ordinary power of government belonging only to the elders, power of privilege remaining with the brotherhood, (as the power of judgment in matters of censure and power of liberty in matters of liberty,) it followeth that in an organick church and right administration, all church-acts proceed after the manner of a mixt administration, so as no church-act can be consummated or perfected without the consent of both.

CHAPTER XI: Of the Maintenance of Church-Officers

  • 1.

    The apostle concludes that necessary and sufficient maintenance is due unto the ministers of the word from the law of nature and nations, from the law of Moses, the equity thereof, as also the rule of common reason. Moreover, the Scripture doth not only call elders labourers and workmen, (Gal. vi. 6,) but also, speaking of them, doth say Edition: current; Page: [56] that “the labourer is worthy of his hire:” (1 Cor. ix. 9. 14; 1 Tim. v. 18,) and requires that he which is taught in the word, should communicate to him in all good things, and mention it, as an ordinance of the Lord, that they which preach the gospel, should live of the gospel, and forbid-deth the muzzling of the mouth of the ox that treadeth out the corn.

  • 2.

    The Scriptures alledged requiring this maintenance as a bounden duty, and due debt, and not as a matter of alms and free gift, therefore people are not at liberty to do or not to do, what and when they please in this matter, no more than in any other commanded duty and ordinance of the Lord; (Rom. xv. 27; 1 Cor. ix. 21,) but ought of duty to minister of their “carnal things” to them that labour among them in word and doctrine, as well as they ought to pay any other workmen their wages, and to discharge and satisfie their debts, or to submit themselves to observe any other ordinance of the Lord.

  • 3.

    The apostle (Gal. vi. 6) enjoyning that he which is taught communicate to him that teacheth “in all good things,” doth not leave it arbitrary, (1 Cor. xvi. 2,) what or how much a man shall give, or in what proportion, but even the latter, as well as the former, is prescribed and appointed by the Lord.

  • 4.

    Not only members of churches, but “all that are taught in the word,” are to contribute unto him that teacheth in all good things. In case that congregations are defective in their contributions, the deacons are to call upon them to do their duty: (Acts vi. 3, 4,) if their call sufficeth not, the church by her power is to require it of their members; and where church power, thro’ the corruption of men, doth not or cannot attain the end, the magistrate is to see that the ministry be duly provided for, as appears from the commended example of Nehemiah. (Neh. xiii. 11; Isa. xliv. 23; 2 Cor. viii. 13, 14.) The magistrates are nursing-fathers and nursing-mothers, and stand charged with the custody of both tables; because it is better to prevent a scandal, that it may not come, and easier also, than to remove it, when it is given. It’s most suitable to rule, that by the church’s care each man should know his proportion according to rule, what he should do before he do it, that so his judgment and heart may be satisfied in what he doth, and just offence prevented in what is done.

CHAPTER XII: Of the Admission of Members into the Church

  • 1.

    The doors of the churches of Christ upon earth do not by God’s appointment stand so wide open, that all sorts of people, good and bad, may freely enter therein at their pleasure, (2 Chr. xxix. 19; Mat. xiii. 25, and xxii. 12,) but such as are admitted thereto, as members, ought to be examin’d and tryed first, whether they be fit and meet to be received into church-society or not. The Eunuch of Ethiopia, before his admission, was examined by Philip, (Acts viii. 37,) whether he did believe on Jesus Christ with all his heart. The angel of the church at Ephesus (Rev. ii. 2; Acts ix. 26,) is commended for trying such as said they were apostles, and were not. There is like reason for trying of them that profess themselves to be believers. The officers are charged with the keeping of the doors of the church, and therefore are in a special manner to make tryal of the fitness of such who enter. Twelve angels are set at the gates of the temple, (Rev. xxi. 12; 2 Chr. xxiii. 19,) lest such as were “ceremonially unclean” should enter thereunto.

  • 2.

    The things which are requisite to be found in all church-members, are repentance from sin, and faith in Jesus Christ: (Acts ii. 38 to 42, and viii. 37,) and therefore these are the things whereof men are to be examined at their admission into the church, and which then they must profess and hold forth in such sort as may satisfie “rational charity” that the things are indeed. John Baptist admitted men to baptism confessing and bewailing their sins: (Mat. iii. 6; Acts xix. 18,) and of others it is said that “they came and confessed, and shewed their deeds.”

  • 3.

    The weakest measure of faith is to be accepted in those that desire to be admitted into the church, (Rom. xiv. 1,) if sincere, have the substance of that faith, repentance and holiness, which is required in church members; and such have most need of the ordinances for their confirmation and growth in grace. The Lord Jesus would not quench the smoaking flax, nor break the bruised reed, (Mat. xii. 20; Isa. xl. 11,) but gather the tender lambs in his arms, and carry them gently in his bosom. Such charity and tenderness is to be used, as the weakest Christian, if sincere, may not be excluded nor discouraged. Severity of examination is to be avoided.

  • 4.

    In case any, thro’ excessive fear or other infirmity, be unable to make their personal relation of their spiritual Edition: current; Page: [57] estate in publick, it is sufficient that the elders, having received private satisfaction, make relation thereof in publick before the church, they testifying their assents there-unto: this being the way that tendeth most to edification. But whereas persons are of greater abilities, there it is most expedient that they make their relations and confessions personally with their own mouth, as David professeth of himself. (Psal. lxvi. 6.)

  • 5.

    A personal and publick confession and declaring of God’s manner of working upon the soul, is both lawful, expedient and useful, in sundry respects and upon sundry grounds. Those three thousand, (Acts ii. 37. 41,) before they were admitted by the apostles, did manifest that they were pricked at the heart by Peter’s sermon, together with earnest desire to be delivered from their sins, which now wounded their consciences, and their ready receiving of the word of promise and exhortation. We are to be ready to “render a reason of the hope that is in us, to every one that asketh us;” (1 Pet. iii. 15; Heb. xi. 1; Eph. i. 18,) therefore we must be able and ready upon any occasion to declare and shew our repentance for sin, faith unfeigned, and effectual calling, because these are the reason of a well-grounded hope. “I have not hidden thy righteousness from the great congregation.” (Psalm xl. 10.)

  • 6.

    This profession of faith and repentance, as it must be made by such at their admission that were never in church society before; so nothing hindereth but the same way also be performed by such as have formerly been members of some other church, (Mat. iii. 5, 6; Gal. ii. 4; 1 Tim. v. 24,) and the church to which they now join themselves as members may lawfully require the same. Those three thousand (Acts ii.) which made their confession, were members of the church of the Jews before; so were those that were baptised by John. Churches may err in their admission; and persons regularly admitted may fall into offence. Otherwise, if churches might obtrude their members, or if church members might obtrude themselves upon other churches without due trial, the matter so requiring, both the liberty of the churches would thereby be infringed, in that they might not examine those, concerning whose fitness for communion they were unsatisfied; and besides the infringing of their liberty, the churches themselves would unavoidably be corrupted, and the ordinances defiled: whilst they might not refuse, but must receive the unworthy, which is contrary unto the Scripture, teaching that all churches are sisters, and therefore equal. (Cant. viii. 8.)

  • 7.

    The like trial is to be required from such members of the church as were born in the same, or received their membership, or were baptised in their infancy or minority by virtue of the covenant of their parents, when being grown up into years of discretion, they shall desire to be made partakers of the Lord’s Supper; unto which, because holy things must not be given unto the unworthy, therefore it is requisite (Mat. vii. 6; 1 Cor. xi. 27,) that these, as well as others, should come to their trial and examination, and manifest their faith and repentance by an open profession thereof, before they are received to the Lord’s Supper, and otherwise not to be admitted thereunto. Yet these church members that were so born, or received in their childhood, before they are capable of being made partakers of full communion, have many priviledges which others (not church members) have not; they are in covenant with God, have the seal thereof upon them, viz: baptism; and so, if not regenerated, yet are in a more hopeful way of attaining regenerating grace, and all the spiritual blessings, both of the covenant and seal; they are also under church-watch, and consequently subject to the reprehensions, admonitions and censures thereof, for their healing and amendment, as need shall require.

CHAPTER XIII: Of Church-Members, Their Removal from One Church to Another, and of Recommendation and Dismission

  • 1.

    Church-members may not remove or depart from the church, and so one from another as they please, nor without just and weighty cause, but ought to live and dwell together, (Heb. x. 25,) forasmuch as they are commanded not to forsake the assembling of themselves together. Such departure tends to the dissolution and ruine of the body, as the pulling of stones and pieces of timber from the building, and of members from the natural body, tend to the destruction of the whole.

  • 2.

    It is, therefore, the duty of church-members, in such times and places, where counsel may be had, to consult with the church whereof they are members (Pro. xi. 16,) about their removal, that, accordingly, they having their approbation, may be encouraged, or otherwise desist. They who are joined with consent, should not depart without consent, except forced thereunto.

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  • 3.

    If a member’s departure be manifestly unsafe and sinful, the church may not consent thereunto; for in so doing, (Ro. xiv. 23,) they should not act in faith, and should partake with him in his sin. (1 Tim. v. 22.) If the case be doubtful and the person not to be persuaded, (Acts xxi. 14,) it seemeth best to leave the matter unto God, and not forcibly to detain him.

  • 4.

    Just reasons for a member’s removal of himself from the church, are—1, If a man cannot continue without partaking in sin. (Eph. v. 11.) 2, In case of personal persecution: (Acts ix. 25. 29, 30, and viii. 1,) so Paul departed from the disciples at Damascus; also, in case of general persecution, when all are scattered. In case of real, and not only pretended want of competent subsistence, a door being opened for better supply in another place, (Neh. xiii. 20,) together with the means of spiritual edification. In these or like cases, a member may lawfully remove, and the church cannot lawfully detain him.

  • 5.

    To separate from a church, either out of contempt of their holy fellowship, (2 Tim. iv. 10,) or out of covetousness, or for greater enlargements, with just grief to the church, or out of schism, or want of love, and out of a spirit of contention in respect of some unkindness, or some evil only conceived or indeed in the church, which might and should be tolerated and healed with a spirit of meekness, and of which evil the church is not yet convinced (tho’ perhaps himself be) nor admonished; for these or the like reasons, to withdraw from publique communion in word or seals, or censures, is unlawful and sinful.

  • 6.

    Such members as have orderly moved their habitation, ought to join themselves unto the church in order (Isa. lvi. 8,) where they do inhabit, (Acts ix. 26,) if it may be; otherwise, they can neither perform the duties nor receive the priviledges of members. Such an example, tolerated in some, is apt to corrupt others, which, if many should follow, would threaten the dissolution and confusion of churches, contrary to the Scripture. (1 Cor. xiv. 33.)

  • 7.

    Order requires that a member thus removing, have letters testimonial and of dismission from the church (Act. xviii. 27,) whereof he yet is, unto the church whereunto he desireth to be joined, lest the church should be deluded; that the church may receive him in faith, and not be corrupted in receiving deceivers and false brethren. Until the person dismissed be received unto another church, he ceaseth not by his letters of dismission to be a member of the church whereof he was. The church cannot make a member no member but by excommunication.

  • 8.

    If a member be called to remove only for a time where a church is, (Rom. xvi. 1, 2,) letters of recommendation are requisite and sufficient for communion with that church (2 Cor. iii. 1) in the ordinances and in their watch; as Phoebe, a servant of the church at Cenchrea, had a letter written for her to the church at Rome, that she might be received as becometh saints.

  • 9.

    Such letters of recommendation and dismission (Acts xviii. 27) were written for Apollos, for Marcus to the Colossians, (Col. iv. 10,) for Phoebe to the Romans, (Rom. xvi. 1,) for sundry other churches. (2 Cor. iii. 5.) And the apostle tells us that some persons, not sufficiently known otherwise, have special need of such letters, tho’ he, for his part, had no need thereof. The use of them is to be a benefit and help to the party for whom they are written, and for the furthering of his receiving among the saints, in the place whereto he goeth, and the due satisfaction of them in their receiving of him.

CHAPTER XIV: Of Excommunication and Other Censures

  • 1.

    The censures of the church are appointed by Christ for the preventing, removing and healing of offences in the church; (1 Tim. v. 20; Jude 19; Deu. xiii. 11: 1 Cor. v. 6; Rom. ii. 24; Rev. ii. 14, 15, 16. 20,) for the reclaiming and gaining of offending brethren; for the deterring others from the like offences; for purging out the leaven which may infect the whole lump; for vindicating the honour of Christ and of his church, and the holy profession of the gospel; and for preventing of the wrath of God, that may justly fall upon the church, if they should suffer his covenant and the seals thereof to be profaned by notorious and obstinate offenders.

  • 2.

    If an offence be private, (Mat. v. 23, 24,) (one brother offending another) the offender is to go and acknowledge his repentance for it unto his offended brother, who is then to forgive him; but if the offender neglect or refuse to do it, the brother offended is to go, and convince and admonish him of it, between themselves privately: if therefore the offender be brought to repent of his offence, the admonisher has won his brother: but if the offender hear Edition: current; Page: [59] not his brother, the brother of the offended is to take with him one or two more, (verse 16,) that in the mouth of two or three witnesses every word may be established, (whether the word of admonition, if the offender receive it; or the word of complaint, if he refuse it,) for if he refuse it, (verse 17,) the offended brother is by the mouth of the elders to tell the church, and if he hear the church, and declare the same by penitent confession, he is recovered and gained: And if the church discern him to be willing to hear, yet not fully convinced of his offence, as in case of heresie, they are to dispence to him a publick admonition; which, declaring the offender to lye under the publick offence of the church, doth thereby with-hold or suspend him from the holy fellowship of the Lord’s Supper, till his offence be removed by penitent confession. If he still continue obstinate, they are to cast him out by excommunication.

  • 3.

    But if the offence be more publick at first, and of a more hainous and criminal nature, (1 Cor. v. 4. 8, 11,) to wit, such as are condemned by the light of nature; then the church, without such gradual proceeding, is to cast out the offender from their holy communion, for the further mortifying of his sin, and the healing of his soul in the day of the Lord Jesus.

  • 4.

    In dealing with an offender, great care is to be taken that we be neither over-strict or rigorous, nor too indulgent or remiss: our proceeding herein ought to be with a spirit of meekness, considering ourselves, lest we also be tempted, (Gal. vi. 1,) and that the best of us have need of much forgiveness from the Lord. (Math. xviii. 34, 35.) Yet the winning and healing of the offender’s soul being the end of these endeavours, (Ezek. xiii. 10,) we must not daub with untempered mortar, nor heal the wounds of our brethren slightly. On some, have compassion; others, save with fear.

  • 5.

    While the offender remains excommunicate, (Mat. xviii. 17,) the church is to refrain from all member-like communion with him in spiritual things, (1 Cor. v. 11,) and also from all familiar communion with him in civil things, (2 Thes. iii. 6. 14,) farther than the necessity of natural or domestical or civil relations do require; and are therefore to forbear to eat and drink with him, that he may be ashamed.

  • 6.

    Excommunication being a spiritual punishment, it doth not prejudice the excommunicate in, or deprive him of his civil rights, and therefore toucheth not princes or magistrates in respect of their civil dignity or authority; (1 Cor. xiv. 24, 25,) and the excommunicate being but as a publican and a heathen, (2 Thes. iii. 14,) heathens being lawfully permitted to hear the word in church-assemblies, we acknowledge therefore the like liberty of hearing the word may be permitted to persons excommunicate that is permitted unto heathen. And because we are not without hope of his recovery, we are not to account him as an enemy, but to admonish him as a brother.

  • 7.

    If the Lord sanctifie the censure to the offender, so as by the grace of Christ, he doth testifie his repentance with humble confession of his sin, and judging of himself, giving glory unto God, (2 Cor. ii. 7, 8,) the church is then to forgive him, and to comfort him, and to restore him to the wonted brotherly communion, which formerly he enjoyed with ’em.

  • 8.

    The suffering of prophane or scandalous livers to continue in fellowship, and partake in the sacraments, (Rev. ii. 14, 15. 20,) is doubtless a great sin in those that have power in their hands to redress it, and do it not: Nevertheless, in so much as Christ, and his apostles in their times, and the prophets and other godly men in theirs, (Mat. xxiii. 3; Acts iii. 1,) did lawfully partake of the Lord’s commanded ordinances in the Jewish church, and neither taught nor practised separation from the same, though unworthy ones were permitted therein: and inasmuch as the faithful in the church of Corinth, wherein were many unworthy persons and practises, (1 Cor. vi. and xv. 12,) are never commanded to absent themselves from the sacraments, because of the same; therefore the godly, in like cases, are not to separate.

  • 9.

    As separation from such a church wherein profane and scandalous persons are tolerated, is not presently necessary; so for the members thereof, otherwise unworthy, hereupon to abstain from communicating with such a church in the participation of the sacraments, is unlawful. (2 Chr. xxx. 18; Gen. xviii. 25.) For as it were unreasonable for an innocent person to be punished for the faults of others, wherein he hath no hand, and whereunto he gave no consent; so is it more unreasonable that a godly man should neglect duty, and punish himself, in not coming for his portion in the blessing of the seals, as he ought, because others are suffered to come that ought not; especially considering that himself doth neither consent to their sin, nor to their approaching to the ordinance in their sin, nor to the neglect of others, who should put them away, and do Edition: current; Page: [60] not, but, on the contrary, doth heartily mourn for these things, (Ezek. ix. 4,) modestly and seasonably stir up others to do their duty. If the church cannot be reformed, they may use their liberty, as is specified, Chap. XIII. Sect. 4. But this all the godly are bound unto, even every one to his endeavour, according to his power and place, that the unworthy may be duly proceeded against by the church, to whom this matter doth pertain.

CHAPTER XV: Of the Communion of Churches One with Another

  • 1.

    Altho’ churches be distinct, and therefore may not be confounded one with another, and equal, and therefore have not dominion one over another; (Rev. i. 4; Cant. viii. 8; Rom. xvi. 16; 1 Cor. xvi. 19; Acts xv. 23; Rev. ii. 1,) yet all the churches ought to preserve church-communion one with another, because they are all united unto Christ, not only as a mystical, but as a political head: whence is derived a communion suitable thereunto.

  • 2.

    The communion of churches is exercised several ways. (Cant. viii. 8.) 1, By way of mutual care in taking thought for one another’s welfare. 2, By way of consultation one with another, when we have occasion to require the judgment and counsel of other churches, touching any person or cause, wherewith they may be better acquainted than our selves; (Acts xv. 2,) as the church of Antioch consulted with the Apostles and elders of the church at Jerusalem, about the question of circumcision of the Gentiles, and about the false teachers that broached that doctrine. In which case, when any church wanteth light or peace among themselves, it is a way of communion of the churches, according to the word, to meet together by their elders and other messengers in a synod, (ver. 22, 23,) to consider and argue the point in doubt or difference; and, having found out the way of truth and peace, to commend the same by their letters and messengers to the churches whom the same may concern. But if a church be rent with divisions among themselves, or lye under any open scandal, and yet refuse to consult with other churches for healing or removing of the same, it is matter of just offence, both to the Lord Jesus and to other churches, (Ezek. xxxiv. 4,) as bewraying too much want of mercy and faithfulness, not to seek to bind up the breaches and wounds of the church and brethren; And therefore the state of such a church calleth aloud upon other churches to exercise a fuller act of brotherly communion, to wit, by way of admonition. 3, A way, then, of communion of churches, is by way of admonition; to wit, in case any public offence be found in a church, which they either discern not, or are slow in proceeding to use the means for the removing and healing of. Paul had no authority over Peter, yet when he saw Peter not walking with a right foot, he publickly rebuked him before the church. (Gal. ii. 11 to 14.) Tho’ churches have no more authority one over another, than one apostle had over another, yet, as one apostle might admonish another, so may one church admonish another, and yet without usurpation. (Matth. xviii. 15, 16, 17, by proportion.) In which case, if the church that lieth under offence, do not hearken to the church that doth admonish her, the church is to acquaint other neighbour churches with that offence, which the offending church still lieth under, together with the neglect of their brotherly admonition given unto them: Whereupon those other churches are to join in seconding the admonition formerly given: and if still the offending church continue in obstinacy and impenitency, they may forbear communion with them, and are to proceed to make use of the help of a synod or counsel of neighbour churches, walking orderly (if a greater cannot conveniently be had) for their conviction. If they hear not the synod, the synod having declared them to be obstinate, particular churches accepting and approving of the judgment of the synod, are to declare the sentence of non-communion respectively concerning them; and thereupon, out of religious care to keep their own communion pure, they may justly withdraw themselves from participation with them at the Lord’s table, and from such other acts of holy communion, as the communion of churches doth otherwise allow and require. Nevertheless, if any members of such a church as live under public offence, do not consent to the offence of the church, but do in due sort bear witness against it, (Gen. xviii. 25,) they are still to be received to wonted communion, for it is not equal that the innocent should suffer with the offensive. Yea, furthermore, if such innocent members, after due waiting in the use of all due means for the healing of the offence of their own church, shall at last (with the allowance of the counsel of neighbour churches,) withdraw from the fellowship of their own church, and offer themselves to the fellowship of another, we judge it lawful for the other church to receive them (being otherwise fit) as if they had been orderly dismissed to them from their Edition: current; Page: [61] own church. 4, A fourth way of communion with churches, is by way of participation: the members of one church occasionally coming to another, we willingly admit them to partake with them at the Lord’s table, (1 Cor. xii. 13,) it being the seal of our communion not only with Christ, not only with the members of our own church, but also of all the churches of the saints: In which regard we refuse not to baptize their children presented to us, if either their own minister be absent, or such a fruit of holy fellowship be desired with us. In like cases, such churches as are furnished with more ministers than one, do willingly afford one of their own ministers to supply the absence or place of a sick minister of another church for a needful season. 5, A fifth way of church communion is by recommendation, (Rom. xvi. 1,) when the member of one church hath occasion to reside in another church, if but for a season, we commend him to their watchful fellowship by letters of recommendation: But if he be called to settle his abode there, we commit him, according to his desire, to the fellowship of their covenant by letters of dismission. 6, A sixth way of church communion, (Acts xviii. 27,) is in case of need to minister succour one unto another, (Acts xi. 22,) either of able members to furnish them with officers, or of outward support to the necessities of poorer churches, (verse 29,) as did the churches of the Gentiles contribute liberally to the poor saints at Jerusalem. (Rom. xiii. 26, 27.)

  • 3.

    When a company of believers purpose to gather into church-fellowship, it is requisite for their safer proceeding and the mentioning of the communion of churches, that they signifie their intent unto the neighbouring churches, walking according to the order of the gospel, and desire their presence and help, and right hand of fellowship; (Gal. ii. 1, 2, and ix., by proportion,) which they ought readily to give unto them, when there is no just cause to except against their proceedings.

  • 4.

    Besides these several ways of communion, there is also a way of propagation of churches: When a church shall grow too numerous, it is a way, and fit season to propagate one church out of another, by sending forth such of their members as are willing to remove, and to procure some officers to them, (Isa. xl. 20; Cant. viii. 8, 9,) as may enter with them into church estate among themselves. As bees, when the hive is too full, issue out by swarms, and are gathered into other hives, so the churches of Christ may do the same upon the like necessity; and therein hold forth to them the right hand of fellowship, both in their gathering into a church and in the ordination of their officers.

CHAPTER XVI: Of Synods

  • 1.

    Synods, orderly assembled, (Acts xv. 2 to 15,) and rightly proceeding according to the pattern, (Acts xv.) we acknowledge as the ordinance of Christ: and tho’ not absolutely necessary to the being, yet many times, thro’ the iniquity of men and perverseness of times, necessary to the well-being of churches, for the establishment of truth and peace therein.

  • 2.

    Synods being spiritual and ecclesiastical assemblies, are therefore made up of spiritual and ecclesiastical causes. The next efficient cause of them, under Christ, is the power of the churches sending forth their elders and other messengers, (Acts xv. 2, 3,) who being met together in the name of Christ, are the matter of a synod; and they in arguing and debating and determining matters of religion, (verse 6,) according to the word, and publishing the same to the churches it concerneth, (verse 7 to 23,) do put forth the proper and formal acts of a synod, (verse 31,) to the conviction of errors, and heresies, and the establishment of truth and peace in the churches, which is the end of a synod. (Acts xvi. 4. 15.)

  • 3.

    Magistrates have power to call a synod, by calling to the churches to send forth their elders and other messengers to counsel and assist them in matters of religion; (2 Chr. xxix. 4, 5 to 11,) but yet the constituting of a synod is a church-act, and may be transacted by the churches, (Acts xv.) even when civil magistrates may be enemies to churches and to church-assemblies.

  • 4.

    It belongeth unto synods and councils to debate and determine controversies of faith and cases of conscience; (Acts xv. 1, 2. 6, 7; 1 Chr. xv. 13; 2 Chr. xxix. 6, 7; Acts xv. 24. 28, 29,) to clear from the word holy directions for the holy worship of God and good government of the church; to bear witness against mal-administration and corruption in doctrine or manners, in any particular church; and to give directions for the reformation thereof; not to exercise church-censures in way of discipline, nor any other act of church-authority or jurisdiction which that presidential synod did forbear.

  • 5.

    The synod’s directions and determinations, so far as Edition: current; Page: [62] consonant to the word of God, are to be received with reverence and submission; not only for their agreement therewith, (Acts xv.) (which is the principal ground thereof, and without which they bind not at all,) but also, secondarily, for the power whereby they are made, as being an ordinance of God appointed thereunto in his word.

  • 6.

    Because it is difficult, if not impossible, for many churches to come together in one place, in their members universally; therefore they may assemble by their delegates or messengers, as the church at Antioch went not all to Jerusalem, but some select men for that purpose. (Acts xv. 2.) Because none are or should be more fit to know the state of the churches, nor to advise of ways for the good thereof, than elders; therefore it is fit that, in the choice of the messengers for such assemblies, they have special respect unto such; yet, inasmuch as not only Paul and Barna-bas, but certain others also, (Acts xv. 2. 22, 23,) were sent to Jerusalem from Antioch, (Acts xv.) and when they were come to Jerusalem, not only the apostles and elders, but other bretheren, also do assemble and meet about the matter; therefore synods are to consist both of elders and other church-members, endued with gifts, and sent by the churches, not excluding the presence of any bretheren in the churches.

CHAPTER XVII: Of the Civil Magistrate’s Power in Matters Ecclesiastical

  • 1.

    It is lawful, profitable and necessary for Christians to gather themselves together into church estate, and therein to exercise all the ordinances of Christ, according unto the word, (Acts ii. 41. 47, and iv. 1, 2, 3,) although the consent of the magistrate could not be had thereunto; because the apostles and Christians in their time did frequently thus practise, when the magistrates, being all of them Jewish and Pagan, and most persecuting enemies, would give no countenance or consent to such matters.

  • 2.

    Church-government stands in no opposition to civil government of commonwealths, nor any way intrencheth upon the authority of civil magistrates in their jurisdictions; nor any whit weakeneth their hands in governing, but rather strengtheneth them, and furthereth the people in yielding more hearty and conscionable obedience to them, whatsoever some ill affected persons to the ways of Christ have suggested, to alienate the affections of kings and princes from the ordinances of Christ; as if the kingdom of Christ in his church could not rise and stand, without the falling and weakening of their government, which is also of Christ, (Isa. xlix. 23,) whereas the contrary is most true, that they may both stand together and flourish, the one being helpful unto the other, in their distinct and due administrations.

  • 3.

    The power and authority of magistrates is not for the restraining of churches (Rom. xiii. 4; 1 Tim. ii. 2,) or any other good works, but for helping in and furthering thereof; and therefore the consent and countenance of magistrates, when it may be had, is not to be slighted, or lightly esteemed; but, on the contrary, it is part of that honor due to Christian magistrates to desire and crave their consent and approbation therein; which being obtained, the churches may then proceed in their way with much more encouragement and comfort.

  • 4.

    It is not in the power of magistrates to compel their subjects to become church-members, and to partake of the Lord’s Supper; (Ezek. xliv. 7. 9,) for the priests are reproved that brought unworthy ones into the sanctuary: (1 Cor. v. 11;) then it was unlawful for the priests, so it is as unlawful to be done by civil magistrates; those whom the church is to cast out, if they were in, the magistrate ought not to thrust them into the church, nor to hold them therein.

  • 5.

    As it is unlawful for church-officers to meddle with the sword of the magistrate, (Mat. ii. 25, 26,) so it is unlawful for the magistrate to meddle with the work proper to church-officers. The acts of Moses and David, who were not only princes but prophets, were extraordinary, therefore not inimitable. Against such usurpation the Lord witnessed by smiting Uzziah with leprosie for presuming to offer incense. (2 Chr. xxvi. 16, 17.)

  • 6.

    It is the duty of the magistrate to take care of matters of religion, and to improve his civil authority for the observing of the duties commanded in the first, as well as for observing of the duties commanded in the second table. They are called gods. (Psa. lxxxviii. 8.) The end of the magistrate’s office is not only the quiet and peaceable life of the subject in matters of righteousness and honesty, but also in matters of godliness; yea, of all godliness. (1 Tim. ii. 1, 2; 1 Kings xv. 14, and xxii. 43; 2 Kings xii. 3, and xiv. 4, and xv. 35.) Moses, Joshua, David, Solomon, Asa, Jehoshaphat, Hezekiah, Josiah, are much commended by the Holy Ghost, for the putting forth their authority in matters of Edition: current; Page: [63] religion; on the contrary, such kings as have been failing this way, are frequently taxed and reproved of the Lord. (1 Kings xx. 42; Job xxix. 25, and xxxi. 26. 28; Neh. xiii.; Jonah iii. 7; Ezra vii.; Dan. iii. 29.) And not only the kings of Juda, but also Job, Nehemiah, the king of Nineveh, Darius, Artaxerxes, Nebuchadnezzar, whom none looked at as types of Christ, (tho’ were it so there were no place for any just objection) are commended in the books of God for exercising their authority this way.

  • 7.

    The objects of the power of the magistrate are not things meerly inward, and so not subject to his cognizance and views: as unbelief, hardness of heart, erroneous opinions not vented, but only such things as are acted by the outward man: neither their power to be exercised in commanding such acts of the outward man, and punishing the neglect thereof, as are but meer inventions and devices of men, (1 Kings xx. 28. 42,) but about such acts as are commanded and forbidden in the word: yea, such as the word doth clearly determine, tho’ not always clearly to the judgment of the magistrate or others, yet clearly in its self. In these he, of right, ought to put forth his authority, tho’ oft-times actually he doth it not.

  • 8.

    Idolatry, blasphemy, heresie, (Deut. xiii.; 1 Kings xx. 28. 42,) venting corrupt and pernicious opinions, that destroy the foundation, (Dan. iii. 29,) open contempt of the word preached, (Zech. xiii. 3,) prophanation of the Lord’s-Day, (Neh. xiii. 31,) disturbing the peaceable administration and exercise of the worship and holy things of God, (1 Tim. ii. 2,) and the like, (Rom. xiii. 4,) are to be restrained and punished by civil authority.

  • 9.

    If any church, one or more, shall grow schismatical, rending itself from the communion of other churches, or shall walk incorrigibly and obstinately in any corrupt way of their own, contrary to the rule of the word; in such case, the magistrate (Josh. xxii.) is to put forth his coercive power, as the matter shall require. The tribes on this side Jordan intended to make war against the other tribes for building the altar of witness, whom they suspected to have turned away therein from following of the Lord.

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Providence Agreement August 20, 1637

Maryland Act for Church Liberties 1638

Pennsylvania Act for Freedom of Conscience December 7, 1682

Providence Agreement

Banished from Salem, Massachusetts, for his democratic views of church government, Roger Williams went to Rhode Island to found its earliest settlement at Providence. One of the first political compacts, the Providence Agreement also contains the first expression of the separation of church and state in America, binding members to obey only political authorities, and then only in regard to civil matters.

We whose names are hereunder, desirous to inhabit in the town of Providence, do promise to subject ourselves in active and passive obedience to all such orders or agreements as shall be made for the public good of the body in an orderly way, by the major consent of present inhabitants, masters of families, incorporated together in a Towne fellowship, and others whom they shall admit unto them only in civil things.

Maryland Act for Church Liberties

Maryland took a road toward religious toleration very different from Williams’s. Lord Calvert, the colony’s proprietor (and as such endowed with powers from the king to rule largely as he saw fit, subject to the king’s wishes), was Catholic. Thus, colonists in Maryland, despite their representation in an assembly, and whatever their personal beliefs, had little power by which to oppose toleration specifically aimed at protecting Catholics. Nonetheless, Catholic rights would suffer periodic reversals in Maryland, which had a Protestant majority throughout most of its colonial existence.

Be it enacted by the Lord Proprietarie of this Province by and with the Advice and approbation of the ffreemen of the same that Holy Church within this Province shall have all her rights liberties and immunities safe whole and inviolable in all things. This act to continue till the end of the next Generall Assembly and then with the Consent of the Lord Proprietarie to be perpetuall.

Pennsylvania Act for Freedom of Conscience

Pennsylvania’s proprietor, William Penn, held an expansive view of religious toleration, extending it to all who professed belief in a deity. However, Penn shared the common view that liberty, order, and justice depend upon virtue, which itself rests on Christian piety. Thus, his grant of religious liberties distinguishes between toleration for non-Christians and rights of political participation, which are reserved for Christians, and, further, continues traditional laws respecting Sabbath-keeping and punishment for sacrilegious speech and conduct.

Wheras the glory of almighty God and the good of mankind is the reason and end of government and, therefore, government in itself is a venerable ordinance of God. And forasmuch as it is principally desired and intended by the Proprietary and Governor and the freemen of the province of Pennsylvania and territories thereunto belonging to Edition: current; Page: [65] make and establish such laws as shall best preserve true christian and civil liberty in opposition to all unchristian, licentious, and unjust practices, whereby God may have his due, Caesar his due, and the people their due, from tyranny and oppression on the one side and insolence and licentiousness on the other, so that the best and firmest foundation may be laid for the present and future happiness of both the Governor and people of the province and territories aforesaid and their posterity.

Be it, therefore, enacted by William Penn, Proprietary and Governor, by and with the advice and consent of the deputies of the freemen of this province and counties aforesaid in assembly met and by the authority of the same, that these following chapters and paragraphs shall be the laws of Pennsylvania and the territories thereof.

Chap. i. Almighty God, being only Lord of conscience, father of lights and spirits, and the author as well as object of all divine knowledge, faith, and worship, who can only enlighten the mind and persuade and convince the understandings of people. In due reverence to his sovereignty over the souls of mankind;

Be it enacted, by the authority aforesaid, that no person now or at any time hereafter living in this province, who shall confess and acknowledge one almighty God to be the creator, upholder, and ruler of the world, and who professes him or herself obliged in conscience to live peaceably and quietly under the civil government, shall in any case be molested or prejudiced for his or her conscientious persuasion or practice. Nor shall he or she at any time be compelled to frequent or maintain any religious worship, place, or ministry whatever contrary to his or her mind, but shall freely and fully enjoy his, or her, christian liberty in that respect, without any interruption or reflection. And if any person shall abuse or deride any other for his or her different persuasion and practice in matters of religion, such person shall be looked upon as a disturber of the peace and be punished accordingly.

But to the end that looseness, irreligion, and atheism may not creep in under pretense of conscience in this province, be it further enacted, by the authority aforesaid, that, according to the example of the primitive Christians and for the ease of the creation, every first day of the week, called the Lord’s day, people shall abstain from their usual and common toil and labor that, whether masters, parents, children, or servants, they may the better dispose themselves to read the scriptures of truth at home or frequent such meetings of religious worship abroad as may best suit their respective persuasions.

Chap. ii. And be it further enacted by, etc., that all officers and persons commissioned and employed in the service of the government in this province and all members and deputies elected to serve in the Assembly thereof and all that have a right to elect such deputies shall be such as profess and declare they believe in Jesus Christ to be the son of God, the savior of the world, and that are not convicted of ill-fame or unsober and dishonest conversation and that are of twenty-one years of age at least.

Chap. iii. And be it further enacted, etc., that whosoever shall swear in their common conversation by the name of God or Christ or Jesus, being legally convicted thereof, shall pay, for every such offense, five shillings or suffer five days imprisonment in the house of correction at hard labor to the behoof of the public and be fed with bread and water only during that time.

Chap. v. And be it further enacted, etc., for the bet-ter prevention of corrupt communication, that whosoever shall speak loosely and profanely of almighty God, Christ Jesus, the Holy Spirit, or the scriptures of truth, and is legally convicted thereof, shall pay, for every such offense, five shillings or suffer five days imprisonment in the house of correction at hard labor to the behoof of the public and be fed with bread and water only during that time,

Chap. vi. And be it further enacted, etc., that whosoever shall, in their conversation, at any time curse himself or any other and is legally convicted thereof shall pay for every such offense five shillings or suffer five days imprisonment as aforesaid.

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Worcestriensis 1776

The anonymous author of Worcestriensis (“From Worcester”) addressed himself to the legislature of Massachusetts in the midst of the War for Independence. This was also a time during which citizens of the new state of Massachusetts were making modifications in their form of government. Worcestriensis stresses the need for the government officially to tolerate dissenting religious views in order to keep peace among denominations, prevent hypocrisy, and encourage wide-ranging or “catholic” inquiry into religious truths. But Worcestriensis also stresses the need for government to support religious teaching and practice so that the people will learn the virtues they need in order to maintain peace and support free government.

Worcestriensis

Number IV

To the Hon. Legislature of the State of Massachusetts-Bay

The subject of this disquisition (begun in my last) which is humbly offered to your consideration, is the promotion and establishment of religion in the State. In the course of the reasoning, it was suggested that a toleration of all religious principles (in other words, of all professions, modes & forms of worship) which do not sap the foundation of good government, is consistent with equity and the soundest policy. To establish this, as well as the general doctrine is my present design.

We live in [an] age of the world, in which the knowl-edge of the arts and sciences, calm and dispassionate enquiries and sound reasoning have been carried to surprising lengths, much to the honor of mankind. The rights of men and things, as well in an intellectual as a civil view, have by able writers, friends of human nature, been ascertained with great degrees of precision. Therefore it now becomes us in all our words and action to do nothing ungenerous, nothing unworthy the dignity of our rational nature.

In a well regulated state, it will be the business of the Legislature to prevent sectaries of different denominations from molesting and disturbing each other; to ordain that no part of the community shall be permitted to perplex and harrass the other for any supposed heresy, but that each individual shall be allowed to have and enjoy, profess and maintain his own system of religion, provided it does not issue in overt acts of treason against the state undermining the peace and good order of society.

To allow one part of a society to lord it over the faith and consciences of the other, in religious matters is the ready way to set the whole community together by the ears. It is laying a foundation for persecution in the abstract; for (as the judicious Montesquieu observes) “it is a principle that every religion which is persecuted, becomes itself persecuting; for as soon as by some accidental turn it arises from persecution, it attacks the religion that persecuted it; not as a religion but as a tyranny.”

It is necessary then that the laws require from the several religions, not only that they shall not embroil the State, but that they shall not raise disturbances among themselves. A citizen does not fulfill the laws by not disturbing the government; it is requisite that he should not trouble any citizen whomever.

Compulsion, instead of making men religious, generally has a contrary tendency, it works not conviction, but most naturally leads them into hypocrisy. If they are honest enquirers after truth; if their articles of belief differ from the creed of their civil superiors, compulsion will bring them into a sad dilemma. If they are conformists to what they do not believe, great uneasiness of mind must continuously perplex them. If they stand out and persist in nonconformity, they subject themselves to pains and penalties. There is further this ill consequence resulting from the establishment of religious dominion, viz. That an endeavor to suppress nonconformists, will increase, rather than diminish their number: For, however strange it may appear, yet indubitable facts prove that mankind [is] naturally compassionate [toward] those who are subjected to pains and hardships for the sake of their religion, and very frequently join with them and espouse their cause, raise sedition and faction, and endanger the public peace.

Whoever will read the history of Germany (not to mention Edition: current; Page: [67] the mother of harlots) will find this exemplified, in a manner and degree sufficient to shock any one who is not destitute of every spark of humanity. Calvinists and remonstrants made the religious divisions of the people: sometimes one party then the other was superior in their bloody disputes.

The fire first began among and between the congregations of different persuasions (calvinistic and arminian) the women and children came to blows and women pulled each others caps and hair as they passed and repassed the streets after (what they called divine) service was over in the several congregations, and the children gave each other bloody noses. This brought on civil dissention and altercation, until at length, rivers of blood in quarrels about things entirely immaterial and useless, relative either to this world or the other were shed; the nearest kindred embrued their hands in each others blood, subjects withdrew their allegiance and tumbled their rulers from their seats.

This is a true representation of facts, and is sufficient to deter any legislature from enacting laws requiring conformity to any particular mode or profession of religion, under pains of persecution in case of refusal.

This is not suggested because a persecuting spirit has of late years been conspicuous among the inhabitants of this state. On the contrary, a candid, catholic, and benevolent disposition has increased and prevailed. The principle reason why this is exhibited is, that as the Good People of this and its sister states had just cause to alter and amend their civil constitution, so also, it is probable, the legislature of this State will take into consideration the eclesiastical discipline and government, and make such alterations and amendments in the constitution of the churches, as by them, in their wisdom shall be thought proper. We would therefore guard against everything that might be construed to have the least colour of a persecuting tendency, that so the law, relative to religion, may be the most candid, catholic and rational, that the nature of human society will admit of.

Perhaps some sticklers for establishments, requiring conformity to the prevailing religion, may now enquire whether, upon the principles above laid down, any legal establishment at all can take place? and if any, what? In answer to such querists, I would say that if by an establishment they intend the enacting and ordaining laws obliging dissenters from any certain religion to conform thereto, and, in case of nonconformity, subjecting them to pains, penalties and disabilities, in this sense there can and ought to be none. The establishment contended for in this disquisition, is of a different kind, and must result from a different legal Procedure.

It must proceed only from the benign frames of the legislature from an encouragement of the General Principles of religion and morality, recommending free inquiry and examination of the doctrines said to be divine; using all possible and lawful means to enable its subjects to discover the truth, and to entertain good and rational sentiments, and taking mild and parental measures to bring about the design; these are the most probable means to bring about that establishment of religion which is recommended, and a settlement on an immoveable Basis. It is lawful for the directors of a state to give preference to that profession of religion which they take to be true, and they have right to inflict penalties on those who notoriously violate the laws of natural religion, and thereby disturb the public peace. The openly profane come within their penal jurisdiction. There is no stronger cement of society than a sacred regard to Oaths; nothing binds stronger to the observation of the laws, therefore the public safety, and the honor of the Supreme Being require that public profaneness, should bring down the public vengeance upon those who dare hurl profanities at the throne of Omnipotence, and thereby lessen the reverence of the people for oaths, and solemn appeals to almighty God, and so shaking the foundation of good order and security in society. The same may be said of all Profaneness, and also of debauchery, which strike a fatal blow at the root of good regulation, and the well-being of the state.

And now with regard to the positive interposition of civil magistracy in behalf of religion, I would say, that what has been above suggested with respect to toleration, will not disprove the right of the legislature to exert themselves in favor of one religious profession rather than another, they have a right of private judgment as well as others, and are Bound to do their utmost to propagate that which they esteem to be true. This they are to do by providing able and learned Teachers, to instruct the people in the knowledge of what they deem the truth, maintaining them by the public money, though at the same time they have no right in the least degree to endeavor the depression of professions of any religious denomination. Nor let it be said (in order to a perfect toleration) that all religious denominations have an equal right to public countenance, for this Edition: current; Page: [68] would be an evident infringement on the right of private judgment in the members of the legislature.

If the greatest part of the people, coincide with the public authority of the State in giving the prefference to any one religious system and creed, the dissenting few, though they cannot conscientiously conform to the prevailing religion, yet ought to acquiesce and rest satisfied that their religious Liberty is not diminished.

This suggestion starts a question, which has caused much debate among persons of different religious sentiments, viz. Whether a minor part of a parish or other corporation, are, or can be consistently obliged to contribute to the maintenance and support of a minister to them disagreeable, who is approved by the majority.

This is answered by a very able writer in the following manner, viz. “that this will stand upon the same footing with their contributing towards the expence of a war, which they think not necessary or prudent. If no such power were admitted, covetousness would drive many into dissenting parties in order to save their money.

So that none can reasonably blame a government for requiring such a general Contribution, and in this case it seems fit it should be yielded to, as the determination of those to whose guardianship the minority have committed themselves and their possessions.

We hope and trust that you, Hon. directors of this State, will exert yourselves in the cultivation and promotion of pure and Rational Religion among your constituents. If there were no arguments to be drawn from the consideration of a future world, yet those drawn from the great influence of religion upon the Laws and the observance of them, must, and ought to prevail.”

I would add, that our Legislature of the last year have declared that “a Government so popular can be supported only by universal Knowledge and Virtue, in the body of the people.”

In addition to this, I shall produce the opinion of the above cited Montesquieu (a great authority!) and so conclude this number.

“Religion may support a state, when the laws themselves are incapable of doing it.

“Thus when a kingdom is frequently agitated by civil wars, religion may do much by obliging one part of the state to remain always quiet.

“A prince who loves and fears religion, is a lion, who stoops to the hand that strokes or to the voice that ap-peases him. He who fears and hates religion, is like the savage beast, that growls and bites the chain which prevents his flying on the passenger. He who has no religion at all, is that terrible animal; who perceives his liberty only when he tears in pieces, and when he devours.”

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Thanksgiving Proclamation and Letters to Religious Associations

Thanksgiving Proclamation October 3, 1789

Letter to the United Baptist Churches in Virginia May 10, 1789

Letter to the Roman Catholics in the United States of America March 15, 1790

Letter to the Hebrew Congregation in Newport August 1790

Thanksgiving Proclamation

It was common practice in America, both before and after the Revolution, for political leaders to call for days of thanksgiving, as well as days of fasting and prayer, to mark great events and significant tragedies affecting the American republic. Here, Washington proclaims a Day of Thanksgiving, calling on Americans to acknowledge God’s role in bringing them through the Revolution to the founding of their free government.

Whereas it is the duty of all Nations to acknowledge the providence of Almighty God, to obey his will, to be grateful for his benefits, and humbly to implore his protection and favor, and Whereas both Houses of Congress have by their joint Committee requested me “to recommend to the People of the United States a day of public thanks-giving and prayer to be observed by acknowledging with grateful hearts the many signal favors of Almighty God, especially by affording them an opportunity peaceably to establish a form of government for their safety and happiness.”

Now therefore I do recommend and assign Thursday the 26th. day of November next to be devoted by the People of these States to the service of that great and glorious Being, who is the beneficent Author of all the good that was, that is, or that will be. That we may then all unite in rendering unto him our sincere and humble thanks, for his kind care and protection of the People of this country previous to their becoming a Nation, for the signal and manifold mercies, and the favorable interpositions of his providence, which we experienced in the course and conclusion of the late war, for the great degree of tranquillity, union, and plenty, which we have since enjoyed, for the peaceable and rational manner in which we have been enabled to establish constitutions of government for our safety and happiness, and particularly the national One now lately instituted, for the civil and religious liberty with which we are blessed, and the means we have of acquiring and diffusing useful knowledge and in general for all the great and various favors which he hath been pleased to confer upon us.

And also that we may then unite in most humbly offering our prayers and supplications to the great Lord and Ruler of Nations and beseech him to pardon our national and other transgressions, to enable us all, whether in public or private stations, to perform our several and relative duties properly and punctually, to render our national government a blessing to all the People, by constantly being a government of wise, just and constitutional laws, discreetly and faithfully executed and obeyed, to protect and guide all Sovereigns and Nations (especially such as have shown kindness unto us) and to bless them with good government, peace, and concord. To promote the knowledge and practice of true religion and virtue, and the encrease of science Edition: current; Page: [70] among them and Us, and generally to grant unto all Mankind such a degree of temporal prosperity as he alone knows to be best.

Letters to Religious Associations

In his replies to letters from various religious organizations representing minority faiths in America, Washington consistently maintains that those who hold dissenting religious views ought to be left alone to practice their beliefs and accorded decent respect in public, provided they conduct themselves as good citizens and supporters of the American republic.

To the United Baptist Churches in Virginia

Gentlemen:

I request that you will accept my best acknowledgements for your congratulation on my appointment to the first office in the nation. The kind manner in which you mention my past conduct equally claims the expression of my gratitude.

After we had, by the smiles of Heaven on our exertions, obtained the object for which we contended, I retired at the conclusion of the war, with an idea that my country would have no farther occasion for my services, and with the intention of never entering again into public life. But when the exigence of my country seemed to require me once more to engage in public affairs, an honest conviction of duty superseded my former resolution, and became my apology for deviating from the happy plan which I had adopted.

If I could have entertained the slightest apprehension that the Constitution framed in the Convention, where I had the honor to preside, might possibly endanger the religious rights of any ecclesiastical society, certainly I would never have placed my signature to it; and if I could now conceive that the general government might ever be so administered as to render the liberty of conscience insecure, I beg you will be persuaded that no one would be more zealous than myself to establish effectual barriers against the horrors of spiritual tyranny, and every species of religious persecution. For you, doubtless, remember that I have often expressed my sentiment, that every man, conducting himself as a good citizen, and being accountable to God alone for his religious opinions, ought to be protected in worshipping the Deity according to the dictates of his own conscience.

While I recollect with satisfaction that the religious society of which you are members, have been, throughout America, uniformly, and almost unanimously, the firm friends to civil liberty, and the persevering promoters of our glorious revolution; I cannot hesitate to believe that they will be the faithful supporters of a free, yet efficient general government. Under this pleasing reflection I rejoice to assure them that they may rely on my best wishes and endeavors to advance their prosperity.

In the meantime be assured, Gentlemen, that I entertain a proper sense of your fervent supplications to God for my temporal and eternal happiness.

g. washington

To the Roman Catholics in the United States of America

Gentlemen:

While I now receive with much satisfaction your congratulations on my being called, by an unanimous vote, to the first station in my country; I cannot but duly notice your politeness in offering an apology for the unavoidable delay. As that delay has given you an opportunity of realizing, instead of anticipating, the benefits of the general government, you will do me the justice to believe, that your testimony of the increase of the public prosperity, enhances the pleasure which I should otherwise have experienced from your affectionate address.

I feel that my conduct, in war and in peace, has met with more general approbation than could reasonably have been expected and I find myself disposed to consider that fortunate circumstance, in a great degree, resulting from the able support and extraordinary candour of my fellow-citizens of all denominations.

The prospect of national prosperity now before us is truly animating, and ought to excite the exertions of all good men to establish and secure the happiness of their coun-try, in the permanent duration of its freedom and independence. America, under the smiles of a Divine Providence, the protection of a good government, and the cultivation of manners, morals, and piety, cannot fail of attaining an uncommon degree of eminence, in literature, commerce, agriculture, improvements at home and respectability abroad.

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As mankind become more liberal they will be more apt to allow that all those who conduct themselves as worthy members of the community are equally entitled to the protection of civil government. I hope ever to see America among the foremost nations in examples of justice and liberality. And I presume that your fellow-citizens will not forget the patriotic part which you took in the accomplishment of their Revolution, and the establishment of their government; or the important assistance which they received from a nation in which the Roman Catholic faith is professed.

I thank you, gentlemen, for your kind concern for me. While my life and my health shall continue, in whatever situation I may be, it shall be my constant endeavour to justify the favourable sentiments which you are pleased to express of my conduct. And may the members of your society in America, animated alone by the pure spirit of Christianity, and still conducting themselves as the faithful subjects of our free government, enjoy every temporal and spiritual felicity.

g. washington

To the Hebrew Congregation in Newport

Gentlemen:

While I received with much satisfaction your address replete with expressions of esteem, I rejoice in the opportunity of assuring you that I shall always retain grateful remembrance of the cordial welcome I experienced on my visit to Newport from all classes of citizens.

The reflection on the days of difficulty and danger which are past is rendered the more sweet from a consciousness that they are succeeded by days of uncommon prosperity and security.

If we have wisdom to make the best use of the advantages with which we are now favored, we cannot fail, under the just administration of a good government, to become a great and happy people.

The citizens of the United States of America have a right to applaud themselves for having given to mankind examples of an enlarged and liberal policy—a policy worthy of imitation. All possess alike liberty of conscience and immunities of citizenship.

It is now no more that toleration is spoken of as if it were the indulgence of one class of people that another enjoyed the exercise of their inherent natural rights, for, happily, the Government of the United States, which gives to bigotry no sanction, to persecution no assistance, requires only that they who live under its protection should demean themselves as good citizens in giving it on all occasions their effectual support.

It would be inconsistent with the frankness of my character not to avow that I am pleased with your favorable opinion of my administration and fervent wishes for my felicity.

May the children of the stock of Abraham who dwell in this land continue to merit and enjoy the good will of the other inhabitants—while every one shall sit in safety under his own vine and fig tree and there shall be none to make him afraid.

May the father of all mercies scatter light, and not darkness, upon our paths, and make us all in our several vocations useful here, and in His own due time and way everlastingly happy.

g. washington
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Farewell Address

Throughout his public career and well after, Washington presented himself as the citizen soldier who gave up the quiet life he loved in order to serve his country in time of need. This model of virtue, which Washington believed he had a duty to both follow and exemplify, rested on a moral code grounded in religious faith. Men would recognize their public duty only if they were taught from a young age that they had duties to God and, from that, to their fellow men. In his parting words as president, Washington seeks to make clear the reliance of public liberty on private virtue and the reliance of both on religious faith. Furthermore, Washington self-consciously repeats the view, going back to the Puritans and beyond, that liberty itself is of small use to a people that does not recognize its higher duty to worship and live according to the commands of God.

Farewell Address

Friends, and Fellow-Citizens:

The period for a new election of a Citizen, to Administer the Executive government of the United States, being not far distant, and the time actually arrived, when your thoughts must be employed in designating the person, who is to be cloathed with that important trust, it appears to me proper, especially as it may conduce to a more distinct expression of the public voice, that I should now apprise you of the resolution I have formed, to decline being considered among the number of those, out of whom a choice is to be made.

I beg you, at the same time, to do me the justice to be assured, that this resolution has not been taken, without a strict regard to all the considerations appertaining to the relation, which binds a dutiful citizen to his country, and that, in with drawing the tender of service which silence in my situation might imply, I am influenced by no diminution of zeal for your future interest, no deficiency of grateful respect for your past kindness; but am supported by a full conviction that the step is compatible with both.

The acceptance of, and continuance hitherto in, the office to which your Suffrages have twice called me, have been a uniform sacrifice of inclination to the opinion of duty, and to a deference for what appeared to be your desire. I constantly hoped, that it would have been much earlier in my power, consistently with motives, which I was not at liberty to disregard, to return to that retirement, from which I had been reluctantly drawn. The strength of my inclination to do this, previous to the last Election, had even led to the preparation of an address to declare it to you; but mature reflection on the then perplexed and critical posture of our Affairs with foreign Nations, and the unanimous advice of persons entitled to my confidence, impelled me to abandon the idea.

I rejoice, that the state of your concerns, external as well as internal, no longer renders the pursuit of inclination incompatible with the sentiment of duty, or propriety; and am persuaded whatever partiality may be retained for my services, that in the present circumstances of our country, you will not disapprove my determination to retire.

The impressions, with which I first undertook the arduous trust, were explained on the proper occasion. In the discharge of this trust, I will only say, that I have, with good intentions, contributed towards the Organization and Administration of the government, the best exertions of which a very fallible judgment was capable. Not unconscious, in the outset, of the inferiority of my qualifications, experience in my own eyes, perhaps still more in the eyes of others, has strengthned the motives to diffidence of myself; and every day the encreasing weight of years admonishes me more and more, that the shade of retirement is as necessary to me as it will be welcome. Satisfied that if any circumstances have given peculiar value to my services, they were temporary, I have the consolation to believe, that while Edition: current; Page: [73] choice and prudence invite me to quit the political scene, patriotism does not forbid it.

In looking forward to the moment, which is intended to terminate the career of my public life, my feelings do not permit me to suspend the deep acknowledgment of that debt of gratitude wch. I owe to my beloved country, for the many honors it has conferred upon me; still more for the stedfast confidence with which it has supported me; and for the opportunities I have thence enjoyed of manifesting my inviolable attachment, by services faithful and persevering, though in usefulness unequal to my zeal. If benefits have resulted to our country from these services, let it always be remembered to your praise, and as an instructive example in our annals, that, under circumstances in which the Passions agitated in every direction were liable to mislead, amidst appearances sometimes dubious, viscissitudes of fortune often discouraging, in situations in which not unfrequently want of Success has countenanced the spirit of criticism, the constancy of your support was the essential prop of the efforts, and a guarantee of the plans by which they were effected. Profoundly penetrated with this idea, I shall carry it with me to my grave, as a strong incitement to unceasing vows that Heaven may continue to you the choicest tokens of its beneficence; that your Union and brotherly affection may be perpetual; that the free constitution, which is the work of your hands, may be sacredly maintained; that its Administration in every department may be stamped with wisdom and Virtue; that, in fine, the happiness of the people of these States, under the auspices of liberty, may be made complete, by so careful a preservation and so prudent a use of this blessing as will acquire to them the glory of recommending it to the applause, the affection, and adoption of every nation which is yet a stranger to it.

Here, perhaps, I ought to stop. But a solicitude for your welfare, which cannot end but with my life, and the apprehension of danger, natural to that solicitude, urge me on an occasion like the present, to offer to your solemn contemplation, and to recommend to your frequent review, some sentiments, which are the result of much reflection, of no inconsiderable observation, and which appear to me all important to the permanency of your felicity as a People. These will be offered to you with the more freedom, as you can only see in them the disinterested warnings of a parting friend, who can possibly have no personal motive to biass his counsel. Nor can I forget, as an encouragement to it, your endulgent reception of my sentiments on a former and not dissimilar occasion.

Interwoven as is the love of liberty with every ligament of your hearts, no recommendation of mine is necessary to fortify or confirm the attachment.

The Unity of Government which constitutes you one people is also now dear to you. It is justly so; for it is a main Pillar in the Edifice of your real independence, the support of your tranquility at home; your peace abroad; of your safety; of your prosperity; of that very Liberty which you so highly prize. But as it is easy to foresee, that from different causes and from different quarters, much pains will be taken, many artifices employed, to weaken in your minds the conviction of this truth; as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed, it is of infinite moment, that you should properly estimate the immense value of your national Union to your collective and individual happiness; that you should cherish a cordial, habitual and immoveable attachment to it; accustoming yourselves to think and speak of it as of the Palladium of your political safety and prosperity; watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can in any event be abandoned, and indignantly frowning upon the first dawning of every attempt to alienate any portion of our Country from the rest, or to enfeeble the sacred ties which now link together the various parts.

For this you have every inducement of sympathy and interest. Citizens by birth or choice, of a common country, that country has a right to concentrate your affections. The name of American, which belongs to you, in your national capacity, must always exalt the just pride of Patriotism, more than any appellation derived from local discriminations. With slight shades of difference, you have the same Religion, Manners, Habits and political Principles. You have in a common cause fought and triumphed together. The independence and liberty you possess are the work of joint councils, and joint efforts; of common dangers, sufferings and successes.

But these considerations, however powerfully they address themselves to your sensibility are greatly outweighed by those which apply more immediately to your Interest. Edition: current; Page: [74] Here every portion of our country finds the most commanding motives for carefully guarding and preserving the Union of the whole.

The North, in an unrestrained intercourse with the South, protected by the equal Laws of a common government, finds in the productions of the latter, great additional resources of Maritime and commercial enterprise and precious materials of manufacturing industry. The South in the same Intercourse, benefitting by the Agency of the North, sees its agriculture grow and its commerce expand. Turning partly into its own channels the seamen of the North, it finds its particular navigation envigorated; and while it contributes, in different ways, to nourish and increase the general mass of the National navigation, it looks forward to the protection of a Maritime strength, to which itself is unequally adapted. The East, in a like intercourse with the West, already finds, and in the progressive improvement of interior communications, by land and water, will more and more find a valuable vent for the commodities which it brings from abroad, or manufactures at home. The West derives from the East supplies requisite to its growth and comfort, and what is perhaps of still greater consequence, it must of necessity owe the secure enjoy-ment of indispensable outlets for its own productions to the weight, influence, and the future Maritime strength of the Atlantic side of the Union, directed by an indissoluble community of Interest as one Nation. Any other tenure by which the West can hold this essential advantage, whether derived from its own seperate strength, or from an apostate and unnatural connection with any foreign Power, must be intrinsically precarious.

While then every part of our country thus feels an immediate and particular Interest in Union, all the parts combined cannot fail to find in the united mass of means and efforts greater strength, greater resource, proportionably greater security from external danger, a less frequent interruption of their Peace by foreign Nations; and, what is of inestimable value! they must derive from Union an exemption from those broils and Wars between themselves, which so frequently afflict neighbouring countries, not tied together by the same government; which their own rivalships alone would be sufficient to produce, but which opposite foreign alliances, attachments and intriegues would stimulate and imbitter. Hence likewise they will avoid the necessity of those overgrown Military establishments, which under any form of Government are inauspicious to liberty, and which are to be regarded as particularly hostile to Republican Liberty: In this sense it is, that your Union ought to be considered as a main prop of your liberty, and that the love of the one ought to endear to you the preservation of the other.

These considerations speak a persuasive language to every reflecting and virtuous mind, and exhibit the continuance of the Union as a primary object of Patriotic desire. Is there a doubt, whether a common government can embrace so large a sphere? Let experience solve it. To listen to mere speculation in such a case were criminal. We are authorized to hope that a proper organization of the whole, with the auxiliary agency of governments for the respective Subdivisions, will afford a happy issue to the experiment. ’Tis well worth a fair and full experiment. With such powerful and obvious motives to Union, affecting all parts of our country, while experience shall not have demonstrated its impracticability, there will always be reason, to distrust the patriotism of those, who in any quarter may endeavor to weaken its bands.

In contemplating the causes wch. may disturb our Union, it occurs as matter of serious concern, that any ground should have been furnished for characterizing parties by Geographical discriminations: Northern and Southern; Atlantic and Western; whence designing men may endeavour to excite a belief that there is a real difference of local interests and views. One of the expedients of Party to acquire influence, within particular districts, is to misrepresent the opinions and aims of other Districts. You cannot shield yourselves too much against the jealousies and heart burnings which spring from these misrepresentations. They tend to render Alien to each other those who ought to be bound together by fraternal affection. The Inhabitants of our Western country have lately had a useful lesson on this head. They have seen, in the Negociation by the Executive, and in the unanimous ratification by the Senate, of the Treaty with Spain, and in the universal satisfaction at that event, throughout the United States, a decisive proof how unfounded were the suspicions propagated among them of a policy in the General Government and in the Atlantic States unfriendly to their Interests in regard to the Mississippi. They have been witnesses to the formation of two Treaties, that with G: Britain and that with Spain, which secure to them every thing they could desire, in respect to our Foreign relations, towards confirming their prosperity. Will it not be their wisdom to rely Edition: current; Page: [75] for the preservation of these advantages on the Union by wch. they were procured? Will they not henceforth be deaf to those advisers, if such there are, who would sever them from their Brethren and connect them with Aliens?

To the efficacy and permanency of Your Union, a Government for the whole is indispensable. No Alliances however strict between the parts can be an adequate substitute. They must inevitably experience the infractions and interruptions which all Alliances in all times have experienced. Sensible of this momentous truth, you have improved upon your first essay, by the adoption of a Constitution of Government, better calculated than your former for an intimate Union, and for the efficacious management of your common concerns. This government, the offspring of our own choice uninfluenced and unawed, adopted upon full investigation and mature deliberation, completely free in its principles, in the distribution of its powers, uniting security with energy, and containing within itself a provision for its own amendment, has a just claim to your confidence and your support. Respect for its authority, compliance with its Laws, acquiescence in its measures, are duties enjoined by the fundamental maxims of true Liberty. The basis of our political systems is the right of the people to make and to alter their Constitutions of Government. But the Constitution which at any time exists, ’till changed by an explicit and authentic act of the whole People, is sacredly obligatory upon all. The very idea of the power and the right of the People to establish Government presupposes the duty of every Individual to obey the established Government.

All obstructions to the execution of the Laws, all combinations and Associations, under whatever plausible character, with the real design to direct, controul, counteract, or awe the regular deliberation and action of the Constituted authorities are distructive of this fundamental principle and of fatal tendency. They serve to organize faction, to give it an artificial and extraordinary force; to put in the place of the delegated will of the Nation, the will of a party; often a small but artful and enterprizing minority of the Community; and, according to the alternate triumphs of different parties, to make the public administration the Mirror of the ill concerted and incongruous projects of faction, rather than the organ of consistent and wholesome plans digested by common councils and modefied by mutual interests. However combinations or Associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines, by which cunning, ambitious and unprincipled men will be enabled to subvert the Power of the People, and to usurp for themselves the reins of Government; destroying afterwards the very engines which have lifted them to unjust dominion.

Towards the preservation of your Government and the permanency of your present happy state, it is requisite, not only that you steadily discountenance irregular oppositions to its acknowledged authority, but also that you re-sist with care the spirit of innovation upon its principles however specious the pretexts. One method of assault may be to effect, in the forms of the Constitution, alterations which will impair the energy of the system, and thus to undermine what cannot be directly overthrown. In all the changes to which you may be invited, remember that time and habit are at least as necessary to fix the true character of Governments, as of other human institutions; that experience is the surest standard, by which to test the real tendency of the existing Constitution of a country; that facility in changes upon the credit of mere hypotheses and opinion exposes to perpetual change, from the endless variety of hypotheses and opinion: and remember, especially, that for the efficient management of your common interests, in a country so extensive as ours, a Government of as much vigour as is consistent with the perfect security of Liberty is indispensable. Liberty itself will find in such a Government, with powers properly distributed and adjusted, its surest Guardian. It is indeed little else than a name, where the Government is too feeble to withstand the enterprises of faction, to confine each member of the Society within the limits prescribed by the laws and to maintain all in the secure and tranquil enjoyment of the rights of person and property.

I have already intimated to you the danger of Parties in the State, with particular reference to the founding of them on Geographical discriminations. Let me now take a more comprehensive view, and warn you in the most solemn manner against the baneful effects of the Spirit of Party, generally.

This spirit, unfortunately, is inseperable from our nature, having its root in the strongest passions of the human Mind. It exists under different shapes in all Governments, more or less stifled, controuled, or repressed; but, in those of the popular form it is seen in its greatest rankness and is truly their worst enemy.

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The alternate domination of one faction over another, sharpened by the spirit of revenge natural to party dissention, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries, which result, gradually incline the minds of men to seek security and repose in the absolute power of an Individual: and sooner or later the chief of some prevailing faction more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of Public Liberty.

Without looking forward to an extremity of this kind (which nevertheless ought not to be entirely out of sight) the common and continual mischiefs of the spirit of Party are sufficient to make it the interest and the duty of a wise People to discourage and restrain it.

It serves always to distract the Public Councils and enfeeble the Public administration. It agitates the Community with ill founded jealousies and false alarms, kindles the animosity of one part against another, foments occasionally riot and insurrection. It opens the door to foreign influence and corruption, which find a facilitated access to the government itself through the channels of party passions. Thus the policy and the will of one country, are subjected to the policy and will of another.

There is an opinion that parties in free countries are useful checks upon the Administration of the Government and serve to keep alive the spirit of Liberty. This within certain limits is probably true, and in Governments of a Monarchical cast Patriotism may look with endulgence, if not with favour, upon the spirit of party. But in those of the popular character, in Governments purely elective, it is a spirit not to be encouraged. From their natural tendency, it is certain there will always be enough of that spirit for every salutary purpose. And there being constant danger of excess, the effort ought to be, by force of public opinion, to mitigate and assuage it. A fire not to be quenched; it demands a uniform vigilance to prevent its bursting into a flame, lest instead of warming it should consume.

It is important, likewise, that the habits of thinking in a free Country should inspire caution in those entrusted with its administration, to confine themselves within their respective Constitutional spheres; avoiding in the exercise of the Powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power; by dividing and distributing it into different depositories, and constituting each the Guardian of the Public Weal against invasions by the others, has been evinced by experiments ancient and modern; some of them in our country and under our own eyes. To preserve them must be as necessary as to institute them. If in the opinion of the People, the distribution or modification of the Constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit which the use can at any time yield.

Of all the dispositions and habits which lead to political prosperity, Religion and morality are indispensable supports. In vain would that man claim the tribute of Patriotism, who should labour to subvert these great Pillars of human happiness, these firmest props of the duties of Men and citizens. The mere Politician, equally with the pious man ought to respect and to cherish them. A volume could not trace all their connections with private and public felicity. Let it simply be asked where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths, which are the instruments of investigation in Courts of Justice? And let us with caution indulge the supposition, that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that National morality can prevail in exclusion of religious principle.

’Tis substantially true, that virtue or morality is a necessary spring of popular government. The rule indeed extends with more or less force to every species of free Government. Who that is a sincere friend to it, can look with indifference upon attempts to shake the foundation of the fabric.

Promote then as an object of primary importance, Institutions for the general diffusion of knowledge. In proportion Edition: current; Page: [77] as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened.

As a very important source of strength and security, cherish public credit. One method of preserving it is to use it as sparingly as possible: avoiding occasions of expence by cultivating peace, but remembering also that timely disbursements to prepare for danger frequently prevent much greater disbursements to repel it; avoiding likewise the accumulation of debt, not only by shunning occasions of expence, but by vigorous exertions in time of Peace to discharge the Debts which unavoidable wars may have occasioned, not ungenerously throwing upon posterity the burthen which we ourselves ought to bear. The execution of these maxims belongs to your Representatives, but it is necessary that public opinion should cooperate. To facilitate to them the performance of their duty, it is essen-tial that you should practically bear in mind, that towards the payment of debts there must be Revenue; that to have Revenue there must be taxes; that no taxes can be devised which are not more or less inconvenient and unpleasant; that the intrinsic embarrassment inseperable from the selection of the proper objects (which is always a choice of difficulties) ought to be a decisive motive for a candid construction of the Conduct of the Government in making it, and for a spirit of acquiescence in the measures for obtaining Revenue which the public exigencies may at any time dictate.

Observe good faith and justice towds. all Nations. Cultivate peace and harmony with all. Religion and morality enjoin this conduct; and can it be that good policy does not equally enjoin it? It will be worthy of a free, enlightened, and, at no distant period, a great Nation, to give to mankind the magnanimous and too novel example of a People always guided by an exalted justice and benevolence. Who can doubt that in the course of time and things the fruits of such a plan would richly repay any temporary advantages wch. might be lost by a steady adherence to it? Can it be, that Providence has not connected the permanent felicity of a Nation with its virtue? The experiment, at least, is recommended by every sentiment which ennobles human Nature. Alas! is it rendered impossible by its vices?

In the execution of such a plan nothing is more essential than that permanent, inveterate antipathies against particular Nations and passionate attachments for others should be excluded; and that in place of them just and amicable feelings towards all should be cultivated. The Nation, which indulges towards another an habitual hatred, or an habitual fondness, is in some degree a slave. It is a slave to its animosity or to its affection, either of which is sufficient to lead it astray from its duty and its interest. Antipathy in one Nation against another, disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable, when accidental or trifling occasions of dispute occur. Hence frequent collisions, obstinate envenomed and bloody contests. The Nation, prompted by ill will and resentment sometimes impels to War the Government, contrary to the best calculations of policy. The Government sometimes participates in the national propensity, and adopts through passion what reason would reject; at other times, it makes the animosity of the Nation subservient to projects of hostility instigated by pride, ambition and other sinister and pernicious motives. The peace often, sometimes perhaps the Liberty, of Nations has been the victim.

So likewise, a passionate attachment of one Nation for another produces a variety of evils. Sympathy for the favourite nation, facilitating the illusion of an imaginary common interest, in cases where no real common interest exists, and infusing into one the enmities of the other, betrays the former into a participation in the quarrels and Wars of the latter, without adequate inducement or justification: It leads also to concessions to the favourite Nation of priviledges denied to others, which is apt doubly to injure the Nation making the concessions; by unnecessarily parting with what ought to have been retained; and by exciting jealousy, ill will, and a disposition to retaliate, in the parties from whom eql. priviledges are withheld: And it gives to ambitious, corrupted, or deluded citizens (who devote themselves to the favourite Nation) facility to betray, or sacrifice the interests of their own country, without odium, sometimes even with popularity; gilding with the appearances of a virtuous sense of obligation a commendable deference for public opinion, or a laudable zeal for public good, the base or foolish compliances of ambition corruption or infatuation.

As avenues to foreign influence in innumerable ways, such attachments are particularly alarming to the truly enlightened and independent Patriot. How many opportunities do they afford to tamper with domestic factions, to practice the arts of seduction, to mislead public opinion, to influence or awe the public Councils! Such an attachment Edition: current; Page: [78] of a small or weak, towards a great and powerful Nation, dooms the former to be the satellite of the latter.

Against the insidious wiles of foreign influence, (I conjure you to believe me fellow citizens) the jealousy of a free people ought to be constantly awake; since history and experience prove that foreign influence is one of the most baneful foes of Republican Government. But that jealousy to be useful must be impartial; else it becomes the instrument of the very influence to be avoided, instead of a defence against it. Excessive partiality for one foreign nation and excessive dislike of another, cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other. Real Patriots, who may resist the intriegues of the favourite, are liable to become suspected and odious; while its tools and dupes usurp the applause and confidence of the people, to surrender their interests.

The Great rule of conduct for us, in regard to foreign Nations is in extending our commercial relations to have with them as little political connection as possible. So far as we have already formed engagements let them be fulfilled, with perfect good faith. Here let us stop. . . .

In offering to you, my Countrymen these counsels of an old and affectionate friend, I dare not hope they will make the strong and lasting impression, I could wish; that they will controul the usual current of the passions, or prevent our Nation from running the course which has hitherto marked the Destiny of Nations: But if I may even flatter myself, that they may be productive of some partial benefit, some occasional good; that they may now and then recur to moderate the fury of party spirit, to warn against the mischiefs of foreign Intriegue, to guard against the Impostures of pretended patriotism; this hope will be a full recompence for the solicitude for your welfare, by which they have been dictated.

How far in the discharge of my Official duties, I have been guided by the principles which have been delineated, the public Records and other evidences of my conduct must Witness to You and to the world. To myself, the assurance of my own conscience is, that I have at least believed myself to be guided by them. . . .

Though in reviewing the incidents of my Administration, I am unconscious of intentional error, I am nevertheless too sensible of my defects not to think it probable that I may have committed many errors. Whatever they may be I fervently beseech the Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me the hope that my Country will never cease to view them with indulgence; and that after forty five years of my life dedicated to its Service, with an upright zeal, the faults of incompetent abilities will be consigned to oblivion, as myself must soon be to the Mansions of rest.

Relying on its kindness in this as in other things, and actuated by that fervent love towards it, which is so natural to a Man, who views in it the native soil of himself and his progenitors for several Generations; I anticipate with pleasing expectation that retreat, in which I promise myself to realize, without alloy, the sweet enjoyment of partaking, in the midst of my fellow Citizens, the benign influence of good Laws under a free Government, the ever favourite object of my heart, and the happy reward, as I trust, of our mutual cares, labours and dangers.

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The Rights of Conscience Inalienable

John Leland (1754–1841) was a Baptist minister, a political ally of James Madison, and a tireless advocate of religious disestablishment. Among the most radical proponents of eliminating restrictions on political rights for religious dissenters, he worked against the Episcopal Church in Virginia and the Congregational Church in New England, both of which enjoyed privileged status in their particular colony or state. His influence was in part responsible for the defeat of taxes proposed to support Episcopal Church teachings in Virginia (1785) and for eliminating public taxation in support of Congregationalist activities in Massachusetts (1833). This statement of views concerning the need to separate religious from political establishments was, in fact, delivered from a pulpit—it is a sermon. This sermon was written probably in 1791, after the United States had begun life under its new Constitution, and soon after Leland returned to New England from Virginia. Its original title was “The rights of Conscience inalienable, and therefore Religious Opinions not cognizable by Law: Or, The high-flying Churchman, stript of his legal Robe, appears a Yaho.”

The Rights of Conscience Inalienable

There are four principles contended for, as the foundation of civil government, viz. birth, property, grace, and compact. The first of these is practised upon in all hereditary monarchies, where it is believed that the son of a monarch is entitled to dominion upon the decease of his father, whether he be a wise man or a fool. The second principle is built upon in all aristocratical governments, where the rich landholders have the sole rule of all their tenants, and make laws at pleasure which are binding upon all. The third principle is adopted by those kingdoms and states that require a religious test to qualify an officer of state, proscribing all non-conformists from civil and religious liberty. This was the error of Constantine’s government, who first established the christian religion by law, and then proscribed the pagans and banished the Arian heretics. This error also filled the heads of the anabaptists in Germany (who were re-sprinklers): they supposed that none had a right to rule but gracious men. The same error prevails in the see of Rome, where his holiness exalts himself above all who are called gods (i.e. kings and rulers), and where no protestant heretic is allowed the liberty of a citizen. This principle is also plead for in the Ottoman empire, where it is death to call in question the divinity of Mahomet or the authenticity of the Alcoran.

The same evil has twisted itself into the British form of government; where, in the state-establishment of the church of England, no man is eligible to any office, civil or military, without he subscribes to the 39 articles and book of common-prayer; and even then, upon receiving a commission for the army the law obliges him to receive the sacrament of the Lord’s supper; and no non-conformist is allowed the liberty of his conscience without he subscribes to all the 39 articles but about 4. And when that is done his purse-strings are drawn by others to pay preachers in whom he has no confidence and whom he never hears.

This was the case with several of the southern states (until the revolution) in which the church of England was established.

The fourth principle (compact) is adopted in the American states as the basis of civil government. This foundation appears to be a just one by the following investigation.

Suppose a man to remove to a desolate island and take a peaceable possession of it without injuring any, so that he should be the honest inheritor of the isle. So long as he is alone he is the absolute monarch of the place, and his own will is his law, which law is as often altered or repealed as his will changes. In process of time from this man’s loins ten sons are grown to manhood and possess property. So long as they are all good men each one can be as absolute, free, and sovereign as his father; but one of the ten turns vagrant, by robbing the rest; this villain is equal to if not Edition: current; Page: [80] an overmatch for any one of the nine—not one of them durst engage him in single combat: reason and safety both dictate to the nine the necessity of a confederation to unite their strength together to repel or destroy the plundering knave. Upon entering into confederation some compact or agreement would be stipulated by which each would be bound to do his equal part in fatigue and expence; it would be neccessary for these nine to meet at stated times to consult means of safety and happiness; a shady tree or small cabin would answer their purpose; and in case of disagreement four must give up to five.

In this state of things their government would be perfectly democratical, every citizen being a legislator.

In a course of years, from these nine there arises nine thousand; their government can be no longer democratical, prudence would forbid it. Each tribe or district must chuse their representative, who (for the term that he is chosen) has the whole political power of his constituents. These representatives, meeting in assembly, would have power to make laws binding on their constituents; and while their time was spent in making laws for the community each one of the community must advance a little of his money as a compensation therefor. Should these representatives differ in judgment the minor must submit to the major, as in the case above.

From this simple parable the following things are demonstrated:

1. That the law was not made for a righteous man, but for the disobedient. 2. That righteous men have to part with a little of their liberty and property to preserve the rest. 3. That all power is vested in and consequently derived from the people. 4. That the law should rule over rulers, and not rulers over the law. 5. That government is founded on compact. 6. That every law made by the legislators inconsistent with the compact, modernly called a constitution, is usurpive in the legislators and not binding on the people. 7. That whenever government is found inadequate to preserve the liberty and property of the people they have an indubitable right to alter it so as to answer those purposes. 8. That legislators in their legislative capacity cannot alter the constitution, for they are hired servants of the people to act within the limits of the constitution.

From these general observations I shall pass on to examine a question, which has been the strife and contention of ages. The question is, “Are the rights of conscience alienable, or inalienable?

The word conscience signifies common science, a court of judicature which the Almighty has erected in every human breast; a censor morum over all his actions. Conscience will ever judge right when it is rightly informed, and speak the truth when it understands it. But to advert to the question—“Does a man upon entering into social compact surrender his conscience to that society to be controled by the laws thereof, or can he in justice assist in making laws to bind his children’s consciences before they are born?” I judge not, for the following reasons:

  • 1.

    Every man must give an account of himself to God, and therefore every man ought to be at liberty to serve God in that way that he can best reconcile it to his conscience. If government can answer for individuals at the day of judgment, let men be controled by it in religious matters; otherwise let men be free.

  • 2.

    It would be sinful for a man to surrender that to man which is to be kept sacred for God. A man’s mind should be always open to conviction, and an honest man will receive that doctrine which appears the best demonstrated; and what is more common than for the best of men to change their minds? Such are the prejudices of the mind, and such the force of tradition, that a man who never alters his mind is either very weak or very stubborn. How painful then must it be to an honest heart to be bound to observe the principles of his former belief after he is convinced of their imbecility? and this ever has and ever will be the case while the rights of conscience are considered alienable.

  • 3.

    But supposing it was right for a man to bind his own conscience, yet surely it is very iniquitous to bind the consciences of his children; to make fetters for them before they are born is very cruel. And yet such has been the conduct of men in almost all ages that their children have been bound to believe and worship as their fathers did, or suffer shame, loss, and sometimes life; and at best to be called dissenters, because they dissent from that which they never joined voluntarily. Such conduct in parents is worse than that of the father of Hannibal, who imposed an oath upon his son while a child never to be at peace with the Romans.

  • 4.

    Finally, religion is a matter between God and individuals, religious opinions of men not being the objects of civil government nor any ways under its control.

It has often been observed by the friends of religious establishment by human laws, that no state can long continue without it; that religion will perish, and nothing but infidelity and atheism prevail.

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Are these things facts? Did not the christian religion prevail during the three first centuries, in a more glorious manner than ever it has since, not only without the aid of law, but in opposition to all the laws of haughty monarchs? And did not religion receive a deadly wound by being fostered in the arms of civil power and regulated by law? These things are so.

From that day to this we have but a few instances of religious liberty to judge by; for in almost all states civil rulers (by the instigation of covetous priests) have undertaken to steady the ark of religion by human laws; but yet we have a few of them without leaving our own land.

The state of Rhode-Island has stood above 160 years without any religious establishment. The state of New-York never had any. New-Jersey claims the same. Pennsylvania has also stood from its first settlement until now upon a liberal foundation; and if agriculture, the mechanical arts and commerce, have not flourished in these states equal to any of the states I judge wrong.

It may further be observed, that all the states now in union, saving two or three in New-England, have no legal force used about religion, in directing its course or supporting its preachers. And moreover the federal government is forbidden by the constitution to make any laws establishing any kind of religion. If religion cannot stand, therefore, without the aid of law, it is likely to fall soon in our nation, except in Connecticut and Massachusetts.

To say that “religion cannot stand without a state establishment” is not only contrary to fact (as has been proved already) but is a contradiction in phrase. Religion must have stood a time before any law could have been made about it; and if it did stand almost three hundred years without law it can still stand without it.

The evils of such an establishment are many.

  • 1.

    Uninspired fallible men make their own opinions tests of orthodoxy, and use their own systems, as Procrustes used his iron bedstead, to stretch and measure the consciences of all others by. Where no toleration is granted to non-conformists either ignorance and superstition prevail or persecution rages; and if toleration is granted to restricted non-conformists the minds of men are biassed to embrace that religion which is favored and pampered by law (and thereby hypocrisy is nourished) while those who cannot stretch their consciences to believe any thing and every thing in the established creed are treated with contempt and opprobrious names; and by such means some are pampered to death by largesses and others confined from doing what good they otherwise could by penury. The first lie under a temptation to flatter the ruling party, to continue that form of government which brings the sure bread of idleness; the last to despise that government and those rulers that oppress them. The first have their eyes shut to all further light that would alter the religious machine; the last are always seeking new light, and often fall into enthusiasm. Such are the natural evils of establishment in religion by human laws.

  • 2.

    Such establishments not only wean and alienate the affections of one from another on account of the different usages they receive in their religious sentiments, but are also very impolitic, especially in new countries; for what encouragement can strangers have to migrate with their arts and wealth into a state where they cannot enjoy their religious sentiments without exposing themselves to the law? when at the same time their religious opinions do not lead them to be mutinous. And further, how often have kingdoms and states been greatly weakened by religious tests! In the time of the persecution in France not less than twenty thousand people fled for the enjoyment of religious liberty.

  • 3.

    These establishments metamorphose the church into a creature, and religion into a principle of state; which has a natural tendency to make men conclude that bible religion is nothing but a trick of state. Hence it is that the greatest part of the well informed in literature are overrun with deism and infidelity: nor is it likely it will ever be any better while preaching is made a trade of emolument. And if there is no difference between bible religion and state religion I shall soon fall into infidelity.

  • 4.

    There are no two kingdoms or states that establish the same creed or formularies of faith (which alone proves their debility). In one kingdom a man is condemned for not believing a doctrine that he would be condemned for believing in another kingdom. Both of these establishments cannot be right—but both of them can be, and surely are, wrong.

  • 5.

    The nature of such establishments, further, is to keep from civil office the best of men. Good men cannot believe what they cannot believe; and they will not subscribe to what they disbelieve, and take an oath to maintain what they conclude is error: and as the best of men differ in judgment there may be some of them in any state: their talents and virtue entitle them to fill the most important Edition: current; Page: [82] posts, yet because they differ from the established creed of the state they cannot—will not fill those posts. Whereas villains make no scruple to take any oath.

If these and many more evils attend such establishments—what were and still are the causes that ever there should be a state establishment of religion?

The causes are many—some of them follow.

  • 1.

    The love of importance is a general evil. It is natural to men to dictate for others; they choose to command the bushel and use the whip-row, to have the halter around the necks of others to hang them at pleasure.

  • 2.

    An over-fondness for a particular system or sect. This gave rise to the first human establishment of religion, by Constantine the Great. Being converted to the christian system, he established it in the Roman empire, compelled the pagans to submit, and banished the christian heretics, built fine chapels at public expence, and forced large stipends for the preachers. All this was done out of love to the christian religion: but his love operated inadvertently; for he did the christian church more harm than all the persecuting emperors did. It is said that in his day a voice was heard from heaven, saying, “Now is the poison spued into the churches.” If this voice was not heard, it nevertheless was a truth; for from that day to this the christian religion has been made a stirrup to mount the steed of popularity, wealth, and ambition.

  • 3.

    To produce uniformity in religion. Rulers often fear that if they leave every man to think, speak and worship as he pleases, that the whole cause will be wrecked in diversity; to prevent which they establish some standard of orthodoxy to effect uniformity. But is uniformity attainable? Millions of men, women and children, have been tortured to death to produce uniformity, and yet the world has not advanced one inch towards it. And as long as men live in different parts of the world, have different habits, education and interests, they will be different in judgment, humanly speaking.

    Is conformity of sentiments in matters of religion essential to the happiness of civil government? Not at all. Government has no more to do with the religious opinions of men than it has with the principles of the mathematics. Let every man speak freely without fear—maintain the principles that he believes—worship according to his own faith, either one God, three Gods, no God, or twenty Gods; and let government protect him in so doing, i.e. see that he meets with no personal abuse or loss of property for his religious opinions. Instead of discouraging of him with proscriptions, fines, confiscation or death; let him be encouraged, as a free man, to bring forth his arguments and maintain his points with all boldness; then if his doctrine is false it will be confuted, and if it is true (though ever so novel) let others credit it. When every man has this liberty what can he wish for more? A liberal man asks for nothing more of government.

    The duty of magistrates is not to judge of the divinity or tendency of doctrines, but when those principles break out into overt acts of violence then to use the civil sword and punish the vagrant for what he has done and not for the religious phrenzy that he acted from.

    It is not supposable that any established creed contains the whole truth and nothing but truth; but supposing it did, which established church has got it? All bigots contend for it—each society cries out “The temple of the Lord are we.” Let one society be supposed to be in possession of the whole—let that society be established by law—the creed of faith that they adopt be so consecrated by government that the man that disbelieves it must die—let this creed finally prevail over the whole world. I ask what honor truth gets by all this? None at all. It is famed of a Prussian, called John the Cicero, that by one oration he reconciled two contending princes actually in war; but, says the historian, “it was his six thousand horse of battle that had the most persuasive oratory.” So when one creed or church prevails over another, being armed with (a coat of mail) law and sword, truth gets no honor by the victory. Whereas if all stand upon one footing, being equally protected by law as citizens (not as saints) and one prevails over another by cool investigation and fair argument, then truth gains honor, and men more firmly believe it than if it was made an essential article of salvation by law.

    Truth disdains the aid of law for its defence—it will stand upon its own merits. The heathens worshipped a goddess called truth, stark naked; and all human decorations of truth serve only to destroy her virgin beauty. It is error, and error alone, that needs human support; and whenever men fly to the law or sword to protect their system of religion and force it upon others, it is evident that they have something in their system that will not bear the light and stand upon the basis of truth.

  • 4.

    The common objection “that the ignorant part of the Edition: current; Page: [83] community are not capacitated to judge for themselves” supports the popish hierarchy, and all protestant as well as Turkish and pagan establishments, in idea.

    But is this idea just? Has God chosen many of the wise and learned? Has he not hidden the mystery of gospel truth from them and revealed it unto babes? Does the world by wisdom know God? Did many of the rulers believe in Christ when he was upon earth? Were not the learned clergy (the scribes) his most inveterate enemies? Do not great men differ as much as little men in judgment? Have not almost all lawless errors crept into the world through the means of wise men (so called)? Is not a simple man, who makes nature and reason his study, a competent judge of things? Is the bible written (like Caligula’s laws) so intricate and high that none but the letter-learned (according to common phrase) can read it? Is not the vision written so plain that he that runs may read it? Do not those who understand the original languages which the bible was written in differ as much in judgment as others? Are the identical copies of Matthew, Mark, Luke and John, together with the epistles, in every university, and in the hands of every master of arts? If not, have not the learned to trust to a human transcription, as much as the unlearned have to a translation? If these questions and others of a like nature can be confuted, then I will confess that it is wisdom for a conclave of bishops or a convocation of clergy to frame a system out of the bible and persuade the legislature to legalise it. No. It would be attended with so much expence, pride, domination, cruelty and bloodshed, that let me rather fall into infidelity; for no religion at all is better than that which is worse than none.

  • 5.

    The ground work of these establishments of religion is clerical influence. Rulers, being persuaded by the clergy that an establishment of religion by human laws would promote the knowledge of the gospel, quell religious disputes, prevent heresy, produce uniformity, and finally be advantageous to the state, establish such creeds as are framed by the clergy; and this they often do the more readily when they are flattered by the clergy that if they thus defend the truth they will become nursing fathers to the church and merit something considerable for themselves.

What stimulates the clergy to recommend this mode of reasoning is,

  • 1.

    Ignorance—not being able to confute error by fair argument.

  • 2.

    Indolence—not being willing to spend any time to confute the heretical.

  • 3.

    But chiefly covetousness, to get money—for it may be observed that in all these establishments settled salaries for the clergy recoverable by law are sure to be interwoven; and was not this the case, I am well convinced that there would not be many if any religious establishments in the christian world.

Having made the foregoing remarks, I shall next make some observations on the religion of Connecticut.

If the citizens of this state have any thing in existence that looks like a religious establishment, they ought to be very cautious; for being but a small part of the world they can never expect to extend their religion over the whole of it, without it is so well founded that it cannot be confuted.

If one third part of the face of the globe is allowed to be seas, the earthy parts would compose 4550 such states as Connecticut. The American empire would afford above 200 of them. And as there is no religion in this empire of the same stamp of the Connecticut standing order, upon the Saybrook platform, they may expect 199 against 1 at home, and 4549 against 1 abroad.

Connecticut and New-Haven were separate governments till the reign of Charles II when they were incorporated together by a charter, which charter is still considered by some as the basis of government.

At present (1791) there are in the state about 168 presbyterial, congregational and consociated preachers, 35 baptists, 20 episcopalians, 10 separate congregationals, and a few of other denominations. The first are the standing order of Connecticut, to whom all others have to pay obeisance. Societies of the standing order are established by law; none have right to vote therein but men of age who possess property to the amount of 40l, or are in full communion in the church. Their choice of ministers is by major vote; and what the society agree to give him annually is levied upon all within the limits of the society-bounds, except they bring a certificate to the clerk of the society that they attend worship elsewhere and contribute to the satisfaction of the society where they attend. The money being levied on the people is distrainable by law, and perpetually binding on the society till the minister is dismissed by a council or by death from his charge.

It is not my intention to give a detail of all the tumults, oppression, fines and imprisonments, that have hereto-fore Edition: current; Page: [84] been occasioned by this law-religion. These things are partly dead and buried, and if they do not rise of themselves let them sleep peaceably in the dust forever. Let it suffice on this head to say, that it is not possible in the nature of things to establish religion by human laws without perverting the design of civil law and oppressing the people.

The certificate that a dissenter produces to the society clerk (1784) must be signed by some officer of the dissenting church, and such church must be protestant-christian, for heathens, deists, Jews and papists, are not indulged in the certificate law; all of them, as well as Turks, must therefore be taxed to the standing order, although they never go among them or know where the meeting-house is.

This certificate law is founded on this principle, “that it is the duty of all persons to support the gospel and the worship of God.” Is this principle founded in justice? Is it the duty of a deist to support that which he believes to be a threat and imposition? Is it the duty of a Jew to support the religion of Jesus Christ, when he really believes that he was an impostor? Must the papists be forced to pay men for preaching down the supremacy of the pope, whom they are sure is the head of the church? Must a Turk maintain a religion opposed to the alcoran, which he holds as the sacred oracles of heaven? These things want better confirmation. If we suppose that it is the duty of all these to support the protestant christian religion, as being the best religion in the world—yet how comes it to pass that human legislatures have right to force them so to do? I now call for an instance where Jesus Christ, the author of his religion, or the apostles, who were divinely inspired, ever gave orders to or intimated that the civil powers on earth ought to force people to observe the rules and doctrine of the gospel.

Mahomet called in the use of law and sword to convert people to his religion; but Jesus did not, does not.

It is the duty of men to love God with all their hearts, and their neighbors as themselves; but have legislatures authority to punish men if they do not? So there are many things that Jesus and the apostles taught that men ought to obey which yet the civil law has no concerns in.

That it is the duty of men who are taught in the word to communicate to the teacher is beyond controversy, but that it is the province of the civil law to force men to do so is denied.

The charter of Charles II is supposed to be the basis of government in Connecticut; and I request any gentleman to point out a single clause in that charter which authorises the legislature to make any religious laws, establish any religion, or force people to build meeting-houses or pay preachers. If there is no constitutional clause, it follows that the laws are usurpasive in the legislators and not binding on the people. I shall here add, that if the legislature of Connecticut have authority to establish the religion which they prefer to all religions, and force men to support it, then every legislature or legislator has the same authority; and if this be true, the separation of the christians from the pagans, the departure of the protestants from the papists, and the dissention of the presbyterians from the church of England, were all schisms of a criminal nature; and all the persecution that they have met with is the just effect of their stubbornness.

The certificate law supposes, 1. That the legislature have power to establish a religion: this is false. 2. That they have authority to grant indulgence to non-conformists: this is also false, for religious liberty is a right and not a favor. 3. That the legitimate power of government extends to force people to part with their money for religious purposes. This cannot be proved from the new testament.

The certificate law has lately passed a new modification. Justices of the peace must now examine them; this gives ministers of state a power over religious concerns that the new testament does not. To examine the law part by part would be needless, for the whole of it is wrong.

From what is said this question arises, “Are not contracts with ministers, i.e. between ministers and people, as obligatory as any contracts whatever?” The simple answer is, Yes. Ministers should share the same protection of the law that other men do, and no more. To proscribe them from seats of legislation, &c. is cruel. To indulge them with an exemption from taxes and bearing arms is a tempting emolument. The law should be silent about them; protect them as citizens (not as sacred officers) for the civil law knows no sacred religious officers.

In Rhode-Island, if a congregation of people agree to give a preacher a certain sum of money for preaching the bond is not recoverable by law. *

This law was formed upon a good principle, but, unhappy Edition: current; Page: [85] for the makers of that law, they were incoherent in the superstructure.

The principle of the law is, that the gospel is not to be supported by law; that civil rulers have nothing to do with religion in their civil capacities. What business had they then to make that law? The evil seemed to arise from a blending religious right and religious opinions together. Religious right should be protected to all men, religious opinion to none; i.e. government should confirm the first unto all—the last unto none; each individual having a right to differ from all others in opinion if he is so persuaded. If a number of people in Rhode-Island or elsewhere are of opinion that ministers of the gospel ought to be supported by law, and chuse to be bound by a bond to pay him, government has no just authority to declare that bond illegal; for in so doing they interfere with private contracts, and deny the people the liberty of conscience. If these people bind nobody but themselves, who is injured by their religious opinions? But if they bind an individual besides themselves, the bond is fraudulent, and ought to be declared illegal. And here lies the mischief of Connecticut religion. My lord, major vote, binds all the minor part, unless they submit to idolatry, i.e. pay an acknowledgment to a power that Jesus Christ never ordained in his church; I mean produce a certificate. Yea, further, Jews, Turks, heathens, papists and deists, if such there are in Connecticut, are bound, and have no redress: and further, this bond is not annually given, but for life, except the minister is dismissed by a number of others, who are in the same predicament with himself.

Although it is no abridgment of religious liberty for congregations to pay their preachers by legal force, in the manner prescribed above, yet it is antichristian; such a church cannot be a church of Christ, because they are not governed by Christ’s laws, but by the laws of state; and such ministers do not appear like ambassadors of Christ, but like ministers of state.

The next question is this: “Suppose a congregation of people have agreed to give a minister a certain sum of money annually for life, or during good behaviour, and in a course of time some or all of them change their opinions and verily believe that the preacher is in a capital error, and really from conscience dissent from him—are they still bound to comply with their engagements to the preacher?” This question is supposable, and I believe there have been a few instances of the kind.

If men have bound themselves, honor and honesty call upon them to comply, but God and conscience call upon them to come out from among them and let such blind guides * alone. Honor and honesty are amiable virtues; but God and conscience call to perfidiousness. This shows the impropriety of such contracts, which always may, and sometimes do lead into such labyrinths. It is time enough to pay a man after his labour is over. People are not required to communicate to the teacher before they are taught. A man called of God to preach, feels a necessity to preach, and a woe if he does not. And if he is sent by Christ, he looks to him and his laws for support; and if men comply with their duty, he finds relief; if not, he must go to his field, as the priests of old did. A man cannot give a more glaring proof of his covetousness and irreligion, than to say, “If you will give me so much, then I will preach, but if not be assured I will not preach to you.”

So that in answering the question, instead of determining which of the evils to chuse, either to disobey God and conscience, or break honor and honesty, I would recommend an escape of both evils, by entering into no such contracts: for the natural evils of imprudence, that men are fallen into, neither God nor man can prevent.

A minister must have a hard heart to wish men to be forced to pay him when (through conscience, enthusiasm, or a private pique) they dissent from his ministry. The spirit of the gospel disdains such measures.

The question before us is not applicable to many cases in Connecticut: the dissenting churches make no contracts for a longer term than a year, and most of them make none at all. Societies of the standing order rarely bind themselves in contract with preachers, without binding others beside themselves; and when that is the case the bond is fraudulent: and if those who are bound involuntarily can get clear, it is no breach of honor or honesty.

A few additional remarks shall close my piece.

  • I.

    The church of Rome was at first constituted according to the gospel, and at that time her faith was spoken of through the whole world. Being espoused to Christ, as a chaste virgin, she kept her bed pure for her husband, almost three hundred years; but afterwards she played the whore with the kings and princes of this world, who with Edition: current; Page: [86] their gold and wealth came in unto her, and she became a strumpet: and as she was the first christian church that ever forsook the laws of Christ for her conduct and received the laws of his rivals, i.e. was established by human law, and governed by the legalised edicts of councils, and received large sums of money to support her preachers and her worship by the force of civil power—she is called the mother of harlots: and all protestant churches, who are regulated by law, and force people to support their preachers, build meeting-houses and otherwise maintain their worship, are daughters of this holy mother.

  • II.

    I am not a citizen of Connecticut—the religious laws of the state do not oppress me, and I expect never will personally; but a love to religious liberty in general induces me thus to speak. Was I a resident in the state, I could not give or receive a certificate to be exempted from ministerial taxes; for in so doing I should confess that the legislature had authority to pamper one religious order in the state, and make all others pay obeisance to that sheef. It is high time to know whether all are to be free alike, and whether ministers of state are to be lords over God’s heritage.

    And here I shall ask the citizens of Connecticut, whether, in the months of April and September, when they chuse their deputies for the assembly, they mean to surrender to them the rights of conscience, and authorise them to make laws binding on their consciences. If not, then all such acts are contrary to the intention of constituent power, as well as unconstitutional and antichristian.

  • III.

    It is likely that one part of the people in Connecticut believe in conscience that gospel preachers should be supported by the force of law; and the other part believe that it is not in the province of civil law to interfere or any ways meddle with religious matters. How are both parties to be protected by law in their conscientious belief?

    Very easily. Let all those whose consciences dictate that they ought to be taxed by law to maintain their preachers bring in their names to the society-clerk by a certain day, and then assess them all, according to their estates, to raise the sum stipulated in the contract; and all others go free. Both parties by this method would enjoy the full liberty of conscience without oppressing one another, the law use no force in matters of conscience, the evil of Rhode-Island law be escaped, and no persons could find fault with it (in a political point of view) but those who fear the consciences of too many would lie dormant, and therefore wish to force them to pay. Here let it be noted, that there are many in the world who believe in conscience that a minister is not entitled to any acknowledgment for his services without he is so poor that he cannot live without it (and thereby convert a gospel debt to alms). Though this opinion is not founded either on reason or scripture, yet it is a better opinion than that which would force them to pay a preacher by human law.

  • IV.

    How mortifying must it be to foreigners, and how far from conciliatory is it to citizens of the American states, who, when they come into Connecticut to reside must either conform to the religion of Connecticut or produce a certificate? Does this look like religious liberty or human friendship? Suppose that man (whose name need not be mentioned) that fills every American heart with pleasure and awe, should remove to Connecticut for his health, or any other cause—what a scandal would it be to the state to tax him to a presbyterian minister unless he produced a certificate informing them that he was an episcopalian?

  • V.

    The federal constitution certainly had the advantage, of any of the state constitutions, in being made by the wisest men in the whole nation, and after an experiment of a number of years trial, upon republican principles; and that constitution forbids Congress ever to establish any kind of religion, or require any religious test to qualify any officer in any department of the federal government. Let a man be pagan, Turk, Jew or Christian, he is eligible to any post in that government. So that if the principles of religious liberty, contended for in the foregoing pages, are supposed to be fraught with deism, fourteen states in the Union are now fraught with the same. But the separate states have not surrendered that (supposed) right of establishing religion to Congress. Each state retains all its power, saving what is given to the general government by the federal constitution. The assembly of Connecticut, therefore, still undertake to guide the helm of religion: and if Congress were disposed yet they could not prevent it by any power vested in them by the states. Therefore, if any of the people of Connecticut feel oppressed by the certificate law, or any other of the like nature, their proper mode of procedure will be to remonstrate against the oppression and petition the assembly for a redress of grievance.

  • VI.

    Divines generally inform us that there is such a time to come (called the Latter-Day Glory) when the knowledge of the Lord shall cover the earth as the waters do the sea, and that this day will appear upon the destruction of antichrist. If so, I am well convinced that Jesus will Edition: current; Page: [87] first remove all the hindrances or religious establishments, and cause all men to be free in matters of religion. When this is effected, he will say to the kings and great men of the earth, “Now see what I can do; ye have been afraid to leave the church and gospel in my hands alone, without steadying the ark by human law; but now I have taken the power and kingdom to myself, and will work for my own glory.” Here let me add, that in the southern states, where there has been the greatest freedom from religious oppression, where liberty of conscience is entirely enjoyed, there has been the greatest revival of religion; which is another proof that true religion can and will prevail best where it is left entirely to Christ.

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Letter to the Danbury Baptist Association

Jefferson’s letter to the Danbury Baptist Association expresses the belief that religious and public life should be kept strictly separate. In the letter, Jefferson articulates only one of several American views on the proper relationship between religion and politics.

Letter to the Danbury Baptist Association

To Messrs. Nehemiah Dodge, Ephram Robbins, and Stephen S. Nelson, a Committee of the Danbury Baptist Association, in the State of Connecticut

Gentlemen,—The affectionate sentiments of esteem and approbation which you are so good as to express towards me, on behalf of the Danbury Baptist Association, give me the highest satisfaction. My duties dictate a faithful and zealous pursuit of the interests of my constituents, and in proportion as they are persuaded of my fidelity to those duties, the discharge of them becomes more and more pleasing.

Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should “make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” thus building a wall of separation between church and State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties.

I reciprocate your kind prayers for the protection and blessing of the common Father and Creator of man, and tender you for yourselves and your religious association, assurances of my high respect and esteem.

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part three: Defending the Charters

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Immigrants to America brought with them a long tradition of chartered rights. In determining the limits of political authority, they looked to a rich history, encapsulated in several important documents, of social and political custom. From Magna Charta, or the “Great Charter,” of 1215 through the English Bill of Rights, Englishmen had won successive victories in their battles (sometimes literally fought with fire and sword) to limit their king’s ability to imprison subjects indefinitely without trial, try subjects in arbitrary ways, quarter troops in subjects’ homes, and otherwise do as he wished with those whom he ruled.

The colonists ruled themselves under their own charters, or grants from the king. These charters gave them certain rights and reserved others for the king, his ministers, or other governing persons or bodies (for example, a proprietary or royal governor). Americans believed that these charters established their rights, as English subjects, to all the other rights derived from Magna Charta. The king and parliament of Great Britain did not accept this view. The result was a long history of tension between colonials and the government in the mother country. It was during this time of tension that Americans developed a distinctive reading of their history and their rights as English subjects and human beings.

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Magna Charta 1215

Magna Charta was the result of victory on the battlefield by barons (local lords) opposed to England’s King John. Negotiated in the days following the battle at Runnemede, it was no theoretical document. It lists numerous specific, customary rights that the barons asserted they had held from time immemorial, but that John had violated. Among these were the rights to be taxed only at certain times and under certain conditions, and to be tried by a jury of one’s peers. Following the preamble, Magna Charta begins by outlining the rights of the church. John had fought, as had many kings before him, to reserve for himself the right to appoint bishops. The Catholic Church and other opponents of unlimited royal power responded that the ser-vants of God must be independent from service to the temporal authority.

Magna Charta

The great charter of King John, granted June 15, a.d. 1215. John, by the Grace of God, King of England, Lord of Ireland, Duke of Normandy, Aquitaine, and Count of Anjou, to his Archbishops, Bishops, Abbots, Earls, Barons, Justiciaries, Foresters, Sheriffs, Governors, Officers, and to all Bailiffs, and his faithful subjects, greeting. Know ye, that we, in the presence of God, and for the salvation of our soul, and the souls of all our ancestors and heirs, and unto the honour of God and the advancement of Holy Church, and amendment of our Realm, by advice of our venerable Fathers, Stephen, Archbishop of Canterbury, Primate of all England and Cardinal of the Holy Roman Church; Henry, Archbishop of Dublin; William, of London; Peter, of Winchester; Jocelin, of Bath and Glastonbury; Hugh, of Lincoln; Walter, of Worcester; William, of Coventry; Benedict, of Rochester—Bishops: of Master Pandulph, Sub-Deacon and Familiar of our Lord the Pope; Brother Aymeric, Master of the Knights-Templar in England; and the noble Persons, William Marescall, Earl of Pembroke; William, Earl of Salisbury; William, Earl of Warren; William, Earl of Arundel; Alan de Galloway, Constable of Scotland; Warin FitzGerald, Peter FitzHerbert, and Hubert de Burgh, Seneschal of Poitou; Hugh de Neville, Matthew FitzHerbert, Thomas Basset, Alan Basset, Philip of Albiney, Robert de Roppell, John Mareschal, John FitzHugh, and others, our liegemen, have, in the first place, granted to God, and by this our present Charter confirmed, for us and our heirs for ever:

  • 1.

    Rights of the church. That the Church of England shall be free, and have her whole rights, and her liberties inviolable; and we will have them so observed that it may appear thence that the freedom of elections, which is reckoned chief and indispensable to the English Church, and which we granted and confirmed by our Charter, and obtained the confirmation of the same from our Lord and Pope Innocent III, before the discord between us and our barons, was granted of mere free will; which Charter we shall observe, and we do will it to be faithfully observed by our heirs for ever.

  • 2.

    Grant of liberty to freemen. We also have granted to all the freemen of our kingdom, for us and for our heirs for ever, all the underwritten liberties, to be had and holden by them and their heirs, of us and our heirs for ever: If any of our earls, or barons, or others, who hold of us in chief by military service, shall die, and at the time of his death his heir shall be of full age, and owe a relief, he shall have his inheritance by the ancient relief—that is to say, the heir or heirs of an earl, for a whole earldom, by a hundred pounds; the heir or heirs of a baron, for a whole barony, by a hundred pounds; their heir or heirs of a knight, for a whole knight’s fee, by a hundred shillings at most; and whoever oweth less shall give less according to the ancient custom of fees. . . .

  • 12.

    No tax (scutage) except by the general council. No scutage or aid shall be imposed in our kingdom, unless by the general council of our kingdom; except for ransoming our person, making our eldest son a knight, and once for marrying our eldest daughter; and for these there shall be paid no more than a reasonable aid. In like manner it shall be concerning the aids of the City of London.

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  • 13.

    Liberties of London and other towns. And the City of London shall have all its ancient liberties and free customs, as well by land as by water; furthermore, we will and grant that all other cities and boroughs, and towns and ports, shall have all their liberties and free customs.

  • 14.

    General council shall consent to assessment of taxes. And for holding the general council of the kingdom concerning the assessment of aids, except in the three cases aforesaid, and for the assessing of scutages, we shall cause to be summoned the archbishops, bishops, abbots, earls, and greater barons of the realm, singly by our letters, and furthermore, we shall cause to be summoned generally, by our sheriffs and bailiffs, all others who hold of us in chief, for a certain day, that is to say, forty days before their meeting at least, and to a certain place; and in all letters of such summons we will declare the cause of such summons, and, summons being thus made the business shall proceed on the day appointed, according to the advice of such as shall be present, although all that were summoned come not. . . .

  • 17.

    Courts shall administer justice in a fixed place. Common pleas shall not follow our court, but shall be holden in some place certain.

  • 18.

    Land disputes shall be tried in their proper counties. Trials upon the Writs of Novel Disseisin, and of Mort d’ancestor, and of Darrein Presentment, shall not be taken but in their proper counties, and after this manner: We, or if we should be out of the realm, our chief justiciary, will send two justiciaries through every county four times a year, who, with four knights of each county, chosen by the county, shall hold the said assizes in the county, on the day, and at the place appointed.

  • 19.

    Keeping the assize courts open. And if any matters cannot be determined on the day appointed for holding the assizes in each county, so many of the knights and freeholders as have been at the assizes aforesaid shall stay to decide them as is necessary, according as there is more or less business.

  • 20.

    Fines against freemen to be measured by the offense. A freeman shall not be amerced for a small offence, but only according to the degree of the offence; and for a great crime according to the heinousness of it, saving to him his contentment; and after the same manner a merchant, saving to him his merchandise. And a villein shall be amerced after the same manner, saving to him his wainage, if he falls under our mercy; and none of the aforesaid amerciaments shall be assessed but by the oath of honest men in the neighbourhood.

  • 21.

    Same for nobles. Earls and barons shall not be amerced but by their peers, and after the degree of the offence.

  • 22.

    Same for clergymen. No ecclesiastical person shall be amerced for his tenement, but according to the proportion of the others aforesaid, and not according to the value of his ecclesiastical benefice.

  • 23.

    Neither a town nor any tenant shall be distrained to make bridges or embankments, unless that anciently and of right they are bound to do it.

  • 24.

    No sheriff, constable, coroner, or other of our bailiffs, shall hold “Pleas of the Crown.”

  • 25.

    All counties, hundreds, wapentakes, and trethings, shall stand at the old rents, without any increase, except in our demesne manors.

  • 26.

    If any one holding of us a lay fee die, and the sheriff, or our bailiffs, show our letters patent of summons for debt which the dead man did owe to us, it shall be lawful for the sheriff or our bailiff to attach and register the chattels of the dead, found upon his lay fee, to the amount of the debt, by the view of lawful men, so as nothing be removed until our whole clear debt be paid; and the rest shall be left to the executors to fulfil the testament of the dead; and if there be nothing due from him to us, all the chattels shall go to the use of the dead, saving to his wife and children their reasonable shares.

  • 27.

    If any freeman shall die intestate, his chattels shall be distributed by the hands of his nearest relations and friends, by view of the Church, saving to every one his debts which the deceased owed to him.

  • 28.

    Compensation for the taking of private property. No constable or bailiff of ours shall take corn or other chattels of any man unless he presently give him money for it, or hath respite of payment by the good-will of the seller.

  • 29.

    No constable shall distrain any knight to give money for castle-guard, if he himself will do it in his person, or by another able man, in case he cannot do it through any reasonable cause. And if we have carried or sent him into the army, he shall be free from such guard for the time he shall be in the army by our command.

  • 30.

    No taking of horses or carts without consent. No sheriff Edition: current; Page: [94] or bailiff of ours, or any other, shall take horses or carts of any freeman for carriage, without the assent of the said freeman.

  • 31.

    No taking of trees for timber without consent. Neither shall we nor our bailiffs take any man’s timber for our castles or other uses, unless by the consent of the owner of the timber.

  • 32.

    We will retain the lands of those convicted of felony only one year and a day, and then they shall be delivered to the lord of the fee.

  • 33.

    All kydells (wears) for the time to come shall be put down in the rivers of Thames and Medway, and throughout all England, except upon the seacoast.

  • 34.

    The writ which is called proecipe, for the future, shall not be made out to any one, of any tenement, whereby a freeman may lose his court.

  • 35.

    Uniform weights and measures. There shall be one measure of wine and one of ale through our whole realm; and one measure of corn, that is to say, the London quarter; and one breadth of dyed cloth, and russets, and haberjects, that is to say, two ells within the lists; and it shall be of weights as it is of measures.

  • 36.

    Nothing from henceforth shall be given or taken for a writ of inquisition of life or limb, but it shall be granted freely, and not denied.

  • 37.

    If any do hold of us by fee-farm, or by socage, or by burgage, and he hold also lands of any other by knight’s service, we will have the custody of the heir or land, which is holden of another man’s fee by reason of that fee-farm, socage, or burgage; neither will we have the custody of the fee-farm, or socage, or burgage, unless knight’s service was due to us out of the same fee-farm. We will not have the custody of an heir, nor of any land which he holds of another by knight’s service, by reason of any petty serjeanty by which he holds of us, by the service of paying a knife, an arrow, or the like.

  • 38.

    No bailiff from henceforth shall put any man to his law upon his own bare saying, without credible witnesses to prove it.

  • 39.

    Guarantee of judgment by one’s peers and of proceedings according to the “law of the land.” No freeman shall be taken or imprisoned, or disseised, or outlawed, or banished, or any ways destroyed, nor will we pass upon him, nor will we send upon him, unless by the lawful judgment of his peers, or by the law of the land.

  • 40.

    Guarantee of equal justice (equality before the law). We will sell to no man, we will not deny or delay to any man, either justice or right.

  • 41.

    Freedom of movement for merchants. All merchants shall have safe and secure conduct, to go out of, and to come into England, and to stay there and to pass as well by land as by water, for buying and selling by the ancient and allowed customs, without any unjust tolls; except in time of war, or when they are of any nation at war with us. And if there be found any such in our land, in the beginning of the war, they shall be attached, without damage to their bodies or goods, until it be known unto us, or our chief justiciary, how our merchants be treated in the nation at war with us; and if ours be safe there, the others shall be safe in our dominions.

  • 42.

    Freedom to leave and reenter the kingdom. It shall be lawful, for the time to come, for any one to go out of our kingdom, and return safely and securely by land or by water, saving his allegiance to us; unless in time of war, by some short space, for the common benefit of the realm, except prisoners and outlaws, according to the law of the land, and people in war with us, and merchants who shall be treated as is above mentioned.

  • 43.

    If any man hold of any escheat as of the honour of Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats which be in our hands, and are baronies, and die, his heir shall give no other relief, and perform no other service to us than he would to the baron, if it were in the baron’s hand; and we will hold it after the same manner as the baron held it.

  • 44.

    Those men who dwell without the forest from henceforth shall not come before our justiciaries of the forest, upon common summons, but such as are impleaded, or as sureties for any that are attached for something concerning the forest.

  • 45.

    Appointment of those who know the law. We will not make any justices, constables, sheriffs, or bailiffs, but of such as know the law of the realm and mean duly to observe it.

  • 46.

    All barons who have founded abbeys, which they hold by charter from the kings of England, or by ancient tenure, shall have the keeping of them, when vacant, as they ought to have.

  • 47.

    All forests that have been made forests in our time shall forthwith be disforested; and the same shall be done with the water-banks that have been fenced in by us in our time.

    Edition: current; Page: [95]
  • 48.

    All evil customs concerning forests, warrens, foresters, and warreners, sheriffs and their officers, water-banks and their keeper, shall forthwith be inquired into in each county, by twelve sworn knights of the same county chosen by creditable persons of the same county; and within forty days after the said inquest be utterly abolished, so as never to be restored: so as we are first acquainted therewith, or our justiciary, if we should not be in England.

  • 49.

    We will immediately give up all hostages and charters delivered unto us by our English subjects, as securi-ties for their keeping the peace, and yielding us faithful service.

  • 50.

    We will entirely remove from their bailiwicks the relations of Gerard de Atheyes, so that for the future they shall have no bailiwick in England; we will also remove from their bailiwicks the relations of Gerard de Atheyes, so that for the future they shall have no bailiwick in England; we will also remove Engelard de Cygony, Andrew, Peter, and Gyon, from the Chancery; Gyon de Cygony, Geoffrey de Martyn, and his brothers; Philip Mark, and his brothers, and his nephew, Geoffrey, and their whole retinue.

  • 51.

    As soon as peace is restored, we will send out of the kingdom all foreign knights, cross-bowmen, and stipendiaries, who are come with horses and arms to the molestation of our people.

  • 52.

    If any one has been dispossessed or deprived by us, without the lawful judgment of his peers, of his lands, castles, liberties, or rights, we will forthwith restore them to him; and if any dispute arise upon this head, let the matter be decided by the five-and-twenty barons hereafter mentioned, for the preservation of the peace. And for all those things of which any person has, without the lawful judgment of his peers, been dispossessed or deprived, either by our father King Henry, or our brother King Richard, and which we have in our hands, or are possessed by others, and we are bound to warrant and make good, we shall have a respite till the term usually allowed the crusaders; excepting those things about which there is a plea depending, or whereof an inquest hath been made, by our order before we undertook the crusade; but as soon as we return from our expedition, or if perchance we tarry at home and do not make our expedition, we will immediately cause full justice to be administered therein.

  • 53.

    The same respite we shall have, and in the same manner, about administering justice, disafforesting or letting continue the forests, which Henry our father, and our brother Richard, have afforested; and the same concerning the wardship of the lands which are in another’s fee, but the wardship of which we have hitherto had, by reason of a fee held of us by knight’s service; and for the abbeys founded in other fee than our own, in which the lord of the fee says he has a right; and when we return from our expedition, or if we tarry at home, and do not make our expedition, we will immediately do full justice to all the complainants in this behalf.

  • 54.

    No man shall be taken or imprisoned upon the appeal of a woman, for the death of any other than her husband.

  • 55.

    All unjust and illegal fines made by us, and all amerciaments imposed unjustly and contrary to the law of the land, shall be entirely given up, or else be left to the decision of the five-and-twenty barons hereafter mentioned for the preservation of the peace, or of the major part of them, together with the foresaid Stephen, Archbishop of Canterbury, if he can be present, and others whom he shall think fit to invite; and if he cannot be present, the business shall notwithstanding go on without him; but so that if one or more of the aforesaid five-and-twenty barons be plaintiffs in the same cause, they shall be set aside as to what concerns this particular affair, and others be chosen in their room, out of the said five-and-twenty, and sworn by the rest to decide the matter.

  • 56.

    If we have disseised or dispossessed the Welsh of any lands, liberties, or other things, without the legal judgment of their peers, either in England or in Wales, they shall be immediately restored to them; and if any dispute arise upon this head, the matter shall be determined in the Marches by the judgment of their peers; for tenements in England according to the law of England, for tenements in Wales according to the law of Wales, for tenements of the Marches according to the law of the Marches: the same shall the Welsh do to us and our subjects.

  • 57.

    As for all those things of which a Welshman hath, without the lawful judgment of his peers, been disseised or deprived of by King Henry our father, or our brother King Richard, and which we either have in our hands or others are possessed of, and we are obliged to warrant it, we shall have a respite till the time generally allowed the crusaders; excepting those things about which a suit is depending, or whereof an inquest has been made by our order, before we undertook the crusade: but when we return, or if we stay at home without performing our expedition, we will immediately Edition: current; Page: [96] do them full justice, according to the laws of the Welsh and of the parts before mentioned.

  • 58.

    We will without delay dismiss the son of Llewellin, and all the Welsh hostages, and release them from the engagements they have entered into with us for the preservation of the peace.

  • 59.

    We will treat with Alexander, King of Scots, concerning the restoring of his sisters and hostages, and his right and liberties, in the same form and manner as we shall do to the rest of our barons of England; unless by the charters which we have from his father, William, late King of Scots, it ought to be otherwise; and this shall be left to the determination of his peers in our court.

  • 60.

    Liberties to be granted to all subjects. All the foresaid customs and liberties, which we have granted to be holden in our kingdom, as much as it belongs to us, all people of our kingdom, as well clergy as laity, shall observe, as far as they are concerned, towards their dependents.

  • 61.

    Oath to observe rights of the church and the people. And whereas, for the honour of God and the amendment of our kingdom, and for the better quieting the discord that has arisen between us and our barons, we have granted all these things aforesaid; willing to render them firm and lasting, we do give and grant our subjects the underwritten security, namely, that the barons may choose five-and-twenty barons of the kingdom, whom they think convenient; who shall take care, with all their might, to hold and observe, and cause to be observed, the peace and liberties we have granted them, and by this our present Charter confirmed in this manner; that is to say, that if we, our justiciary, our bailiffs, or any of our officers, shall in any circumstance have failed in the performance of them towards any person, or shall have broken through any of these articles of peace and security, and the offence be notified to four barons chosen out of the five-and-twenty before mentioned, the said four barons shall repair to us, or our justiciary, if we are out of the realm, and, laying open the grievance, shall petition to have it redressed without delay: and if it be not redressed by us, or if we should chance to be out of the realm, if it should not be redressed by our justiciary within forty days, reckoning from the time it been notified to us, or to our justiciary (if we should be out of the realm), the four barons aforesaid shall lay the cause before the rest of the five-and-twenty barons; and the said five-and-twenty barons, together with the community of the whole kingdom, shall distrain and distress us in all the ways in which they shall be able, by seizing our castles, lands, possessions, and in any other manner they can, till the grievance is redressed, according to their pleasure; saving harmless our own person, and the persons of our Queen and children; and when it is redressed, they shall behave to us as before. And any person whatsoever in the king-dom may swear that he will obey the orders of the five-and-twenty barons aforesaid in the execution of the premises, and will distress us, jointly with them, to the utmost of his power; and we give public and free liberty to any one that shall please to swear to this, and never will hinder any person from taking the same oath.

  • 62.

    As for all those of our subjects who will not, of their own accord, swear to join the five-and-twenty barons in distraining and distressing us, we will issue orders to make them take the same oath as aforesaid. And if any one of the five-and-twenty barons dies, or goes out of the kingdom, or is hindered any other way from carrying the things aforesaid into execution, the rest of the said five-and-twenty barons may choose another in his room, at their discretion, who shall be sworn in like manner as the rest. In all things that are committed to the execution of these five-and-twenty barons, if, when they are all assembled about any matter, and some of them, when summoned, will not or cannot come, whatever is agreed upon, or enjoined, by the major part of those that are present shall be reputed as firm and valid as if all the five-and-twenty had given their consent; and the aforesaid five-and-twenty shall swear that all the premises they shall faithfully observe, and cause with all their power to be observed. And we will procure nothing from any one, by ourselves nor by another, whereby any of these concessions and liberties may be revoked or lessened; and if any such thing shall have been obtained, let it be null and void; neither will we ever make use of it either by ourselves or any other. And all the ill-will, indignations, and rancours that have arisen between us and our subjects, of the clergy and laity, from the first breaking out of the dissensions between us, we do fully remit and forgive: moreover, all trespasses occasioned by the said dissensions, from Easter in the sixteenth year of our reign till the restoration of peace and tranquility, we hereby entirely remit to all, both clergy and laity, and as far as in us lies do fully forgive. We have, moreover, caused to be made for them the letters patent testimonial of Stephen, Lord Archbishop Edition: current; Page: [97] of Canterbury, Henry, Lord Archbishop of Dublin, and the bishops aforesaid, as also of Master Pandulph, for the security and concessions aforesaid.

  • 63.

    Wherefore we will and firmly enjoin, that the Church of England be free, and that all men in our kingdom have and hold all the aforesaid liberties, rights, and concessions, truly and peaceably, freely and quietly, fully and wholly to themselves and their heirs, of us and our heirs, in all things and places, for ever, as is aforesaid. It is also sworn, as well on our part as on the part of the barons, that all the things aforesaid shall be observed in good faith, and without evil subtilty. Given under our hand, in the presence of the witnesses above named, and many others, in the meadow called Runingmede, between Windsor and Staines, the 15th day of June, in the 17th year of the reign.

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Petition of Right 1628

The unpopular foreign wars waged by England’s Charles I had led his Parliament to refuse to grant him increased tax monies. Charles had responded by forcing wealthy subjects to lend money to his government, quartering his troops in private homes, and arbitrarily arresting and imprisoning important figures who publicly opposed his policies. In response, Parliament, led by the famous lawyer Sir Edward Coke, drafted and sent to the king the Petition of Right. In this document, Parliament sets forth its view that long-standing law and custom established its right to consent to all taxes, and the right of the people to be free from arbitrary imprisonment, the forced quartering of soldiers, and martial law during time of peace. In return for Charles’s assent to this Petition, Parliament granted him increased subsidies.

Petition of Right

The Petition exhibited to his Majesty by the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, concerning divers Rights and Lib-erties of the Subjects, with the King’s Majesty’s royal answer thereunto in full Parliament

To the King’s Most Excellent Majesty,

Humbly show unto our Sovereign Lord the King, the Lords Spiritual and Temporal, and Commons in Parliament assembled, that whereas it is declared and enacted by a statute made in the time of the reign of King Edward I., commonly called Statutum de Tallagio non concedendo, that no tallage or aid shall be laid or levied by the king or his heirs in this realm, without the good will and assent of the archbishops, bishops, earls, barons, knights, burgesses, and other the freemen of the commonalty of this realm; and by authority of Parliament holden in the five-and-twentieth year of the reign of King Edward III., it is declared and enacted, that from thenceforth no person shall be compelled to make any loans to the king against his will, because such loans were against reason and the franchise of the land; and by other laws of this realm it is provided, that none should be charged by any charge or imposition, called a benevolence, nor by such like charge; by which the statutes before mentioned, and other the good laws and statutes of this realm, your subjects have inherited this freedom, that they should not be compelled to contribute to any tax, tallage, aid, or other like charge not set by common consent, in Parliament:

  • II.

    Yet nevertheless of late divers commissions directed to sundry commissioners in several counties, with instructions, have issued; by means whereof your people have been in divers places assembled, and required to lend certain sums of money unto your Majesty, and many of them, upon their refusal so to do, have had an oath administered unto them not warrantable by the laws or statutes of this realm, and have been constrained to become bound and make appearance and give utterance before your Privy Council, and in other places, and others of them have been therefore imprisoned, confined, and sundry other ways molested and disquieted; and divers other charges have been laid and levied upon your people in several counties by lord lieutenants, deputy lieutenants, commissioners for musters, justices of peace and others, by command or direction from your Majesty or your Privy Council, against the laws and free customs of the realm.

  • III.

    And whereas also by the statute called “The Great Charter of the liberties of England,” it is declared and enacted that no freeman may be taken or imprisoned or be disseised of his freeholds or liberties, or his free customs, or be outlawed or exiled, or in any manner destroyed, but by the lawful judgment of his peers, or by the law of the land.

  • IV.

    And in the eight-and-twentieth year of the reign of King Edward III., it was declared and enacted by authority of Parliament, that no man, of what estate or condition that he be, should be put out of his lands or tenements, nor taken, nor imprisoned, nor disherited, nor put to death without being brought to answer by due process of law.

  • V.

    Nevertheless, against the tenor of the said statutes, and other the good laws and statutes of your realm to that Edition: current; Page: [99] end provided, divers of your subjects have of late been imprisoned without any cause showed; and when for their deliverance they were brought before your justices, by your Majesty’s writs of habeas corpus, there to undergo and receive as the court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty’s special command, signified by the lords of your Privy Council, and yet were returned back to several prisons, without being charged with anything to which they might make answer according to the law.

  • VI.

    And whereas of late great companies of soldiers and mariners have been dispersed into divers counties of the realm, and the inhabitants against their wills have been compelled to receive them into their houses, and there to suffer them to sojourn against the laws and customs of this realm, and to the great grievance and vexation of the people.

  • VII.

    And whereas also by authority of Parliament, in the five-and-twentieth year of the reign of King Edward III, it is declared and enacted, that no man shall be forejudged of life or limb against the form of the Great Charter and the law of the land; and by the said Great Charter, and other the laws and statutes of this your realm, no man ought to be adjudged to death but by the laws established in this your realm, either by the customs of the same realm or by acts of Parliament: and whereas no offender of what kind soever is exempted from the proceedings to be used, and punishments to be inflicted by the laws and statutes of this your realm; nevertheless of late time divers commissions under your Majesty’s great seal have issued forth, by which certain persons have been assigned and appointed commissioners with power and authority to proceed within the land, according to the justice of martial law, against such soldiers or mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or misdemeanour whatsoever, and by such summary course and order as is agreeable to martial law, and as is used in armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the law martial.

  • VIII.

    By pretext whereof some of your Majesty’s subjects have been by some of the said commissioners put to death, when and where, if by the laws and statutes of the land they had deserved death, by the same laws and statutes also they might, and by no other ought to have been, judged and executed.

  • IX.

    And also sundry grievous offenders, by colour thereof claiming an exemption, have escaped the punishments due to them by the laws and statutes of this your realm, by reason that divers of your officers and ministers of justice have unjustly refused or forborne to proceed against such offenders according to the same laws and statutes, upon pretence that the said offenders were punishable only by martial law, and by authority of such commissions as aforesaid; which commissioners, and all other of like nature, are wholly and directly contrary to the said laws and statutes of this your realm.

  • X.

    They do therefore humbly pray your most excellent Majesty, that no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by act of Parliament; and that none be called to make, answer, or take such oath, or to give attendance, or be confined, or otherwise molested or disquieted concerning the same or for refusal thereof; and that no freeman, in any such manner as is before mentioned, be imprisoned or detained; and that your Majesty would be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come; and that the foresaid commissions, for proceeding by martial law, may be revoked and annulled; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by colour of them any of your Majesty’s subjects be destroyed or put to death contrary to the laws and franchise of the land.

  • XI.

    All which they most humbly pray of your most excellent Majesty as their rights and liberties, according to the laws and statutes of this realm; and that your Majesty would also vouchsafe to declare, that the awards, doings, and proceedings, to the prejudice of your people in any of the premises, shall not be drawn hereafter into consequence or example; and that your Majesty would be also graciously pleased, for the further comfort and safety of your people, to declare your royal will and pleasure, that in the things aforesaid all your officers and ministers shall serve you according to the laws and statutes of this realm, as they tender the honour of your Majesty, and the prosperity of this kingdom.

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[Which Petition being read the 2nd of June, 1628, the King’s answer was thus delivered unto it.

The King willeth that right be done according to the laws and customs of the realm; and that the statutes be put in due execution, that his subjects may have no cause to complain of any wrong or oppressions, contrary to their just rights and liberties, to the preservation whereof he holds himself as well obliged as of his prerogative.

This form was unusual and was therefore thought to be an evasion; therefore on June 7 the King gave a second answer in the formula usual for approving bills: Soit droit fait comme il est désire.]

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An Account of the Late Revolution in New England and Boston Declaration of Grievances

James II was the younger son of the beheaded Charles I. In 1685, James succeeded his brother, Charles II, who had been restored to the throne in 1660. Unlike his brother, James did not believe it necessary to limit his claims to unchecked power in the light of parliamentary power and authority. In England, James set about legislating without parliamentary consent and withdrawing the charters by which townships traditionally had governed their own affairs. In America, he revoked colonial charters in an attempt to consolidate royal power and administration. Throughout the empire, James’s opponents were subjected to arbitrary imprisonment. In England, the result was the Glorious Revolution of 1688, which brought William of Orange and his army to London, causing James to flee the country and his throne. Unrest also erupted in America, bringing down numerous governments imposed on the colonists from London. Blyfield, an English merchant, provides a narrative of the insurrection in Boston, which was part of a more general revolt throughout the colonies, as well as a copy of the Declaration of Boston’s prominent citizens, which set forth their reasons for revolt.

An Account of the Late Revolution In New-England Written by Mr. Nathanael Byfield, to his Friends, &c.

Gentlemen,

Here being an opportunity of sending for London, by a Vessel that loaded at Long-Island, and for want of a Wind put in here; and not knowing that there will be the like from this Country suddenly, I am willing to give you some brief Account of the most remarkable things that have happened here within this Fortnight last past; concluding that till about that time, you will have received per Carter, a full Account of the management of Affairs here. Upon the Eighteenth Instant, about Eight of the Clock in the Morning, in Boston, it was reported at the South end of the Town, That at the North end they were all in Arms; and the like Report was at the North end, respecting the South end: Whereupon Captain John George was immediately seized, and about nine of the clock the Drums beat thorough the Town; and an Ensign was set up upon the Beacon. Then Mr. Bradstreet, Mr. Dantforth, Major Richards, Dr. Cooke, and Mr. Addington & c. were brought to the Council-house by a Company of Soldiers under the Command of Captain Hill. The mean while the People in Arms, did take up and put in to Gaol, Justice Bullivant, Justice Foxcroft, Mr. Randolf, Sheriff Sherlock, Captain Ravenscroft, Captain White, Farewel, Broadbent, Crafford, Larkin, Smith, and many more, as also Mercey the then Goal-keeper, and put Scates the Bricklayer in his place. About Noon, in the Gallery at the Council-house, was read the Declaration here inclosed. Then a Message was sent to the Fort to Sir Edmund Andros, By Mr. Oliver and Mr. Eyres, signed by the Gentlemen then in the Council-Chamber, (which is here also inclosed); to inform him how unsafe he was like to be if he did not deliver up himself, and Fort and Government forthwith, which he was loath to do. By this time, being about two of the Clock (the Lecture being put by) the Town was generally in Arms, and so many of the Countrey came in, that there was Twenty Companies in Boston, besides a great many that appeared at Charles Town that could not get over (some say Fifteen Hundred). There then came information to the Soldiers, That a Boat was come from the Frigat that made towards the Fort, which made them haste thither, and come to the Sconce soon after the Boat got thither; and ’tis said that Governor Andros, and about half a score Gentlemen, were coming down out of the Fort; but the Boat being seized, wherein were small Edition: current; Page: [102] Arms, Hand-Granadoes, and a quantity of Match, the Governour and the rest went in again; whereupon Mr. John Nelson, who was at the head of the Soldiers, did demand the Fort and the Governor, who was loath to submit to them; but at length did come down, and was with the Gentlemen that were with him, conveyed to the Council-house, where Mr. Bradstreet and the rest of the Gentlemen waited to receive him; to whom Mr. Stoughton first spake, telling him, He might thank himself for the present disaster that had befallen him, &c. He was then confined for that night to Mr. John Usher’s house under strong Guards, and the next day conveyed to the Fort, (where he yet remains, and with him Lieutenant Collonel Ledget) which is under the Command of Mr. John Nelson; and at the Castle, which is under the Command of Mr. John Fairweather, is Mr. West, Mr. Graham, Mr. Palmer, and Captaine Tryfroye. At that time Mr. Dudley was out upon the Circuit, and was holding a Court at Southold on Long-Island. And on the 21st. Instant he arrived at Newport, where he heard the News. The next day Letters came to him, advising him not to come home; he thereupon went over privately to MajorSmith’s at Naraganzett, and advice is this day come hither, that yesterday about a dozen young men, most of their own heads, went thither to demand him; and are gone with him down to Boston. We have also advice, that on Fryday last towards evening, Sir Edmond Andross did attempt to make an escape in Womans Apparel, and pass’d two Guards, and was stopped at the third, being discovered by his Shoes, not having changed them. We are here ready to blame you sometimes, that we have not to this day received advice concerning the great Changes in England, and in particular how it is like to fair with us here; who do hope and believe that all these things will work for our Good; and that you will not be wanting to promote the Good of a Country that stands in such need as New-England does at this day. The first day of May, according to former Usage, is the Election-day at Road Island; and many do say they intend their choice there then. I have not farther to trouble you with at present, but recommending you, and all our affairs with you, to the Direction and Blessing of our most Gracious God: I remain

Gentlemen,

Your Most Humble Servant at Command,

Nathanael Byfield
Bristol, April 29

Through the Goodness of God, there hath been no Blood shed. Nath. Clark is in Plymouth Gaol, and John Smith in Gaol here, all waiting for News from England.

Boston Declaration of Grievances

The Declaration of the Gentlemen, Merchants, and Inhabitants of Boston, and the Country Adjacent. April 18. 1689

§.I. We have seen more than a decad of Years rolled away, since the English World had the Discovery of an horrid Popish Plot; wherein the bloody Devotoes of Rome had in their Design and Prospect no less than the extinction of the Protestant Religion: which mighty work they called the utter subduing of a Pestilent Hersey; wherein (they said) there never were such hopes of Success since the Death of Queen Mary, as now in our days. And we were of all men the most insensible, if we should apprehend a Countrey so remarkable for the true Profession and pure Exercise of the Protestant Religion as New-England is, wholly unconcerned in the Infamous Plot. To crush and break a Countrey so entirely and signally made up of Reformed Churches, and at length to involve it in the miseries of an utter Extirpation, must needs carry even a Supererogation of merit with it among such as were intoxicated with a Bigotry inspired into them by the great Scarlet Whore.

§.II. To get us within the reach of the desolation desired for us, it was no improper thing that we should first have our Charter Vacated, and the hedge which kept us from the wild Beasts of the field, effectually broken down. The accomplishment of this was hastened by the unwearied sollicitations, and slanderous accusations of a man, for his Malice and Falshood, well known unto us all. Our Charter was with a most injurious pretence (and scarce that) of Law, condemned before it was possible for us to appear at Westminster in the legal defence of it; and without a fair leave to answer for our selves, concerning the Crimes falsly laid to our charge, we were put under a President and Council, without any liberty for an Assembly, which the other American Plantations have, by a Commission from His Majesty.

§.III. The Commission was as Illegal for the form of it, as the way of obtaining it was Malicious and unreasonable: yet we made no Resistance thereunto as we could easily Edition: current; Page: [103] have done; but chose to give all Mankind a Demonstration of our being a people sufficiently dutiful and loyal to our King: and this with yet more Satisfaction, because we took pains to make our selves believe as much as ever we could of the Whedle then offer’d unto us; That his Magesty’s desire was no other than the happy encrease and advance of these Provinces by their more immediate Dependance on the Crown of England. And we were convinced of it by the courses immediately taken to damp and spoyl our Trade; whereof decayes and complaints presently filled all the Country; while in the mean time neither the Honour nor the Treasure of the King was at all advanced by this new Model of our Affairs, but a considerable Charge added unto the Crown.

§.IV. In little more than half a Year we saw this Commission superseded by another, yet more Absolute and Arbitrary, with which Sir Edmond Andross arrived as our Governour: who besides his Power, with the Advice and Consent of his Council, to make Laws and raise Taxes as he pleased; had also Authority by himself to Muster and Imploy all Persons residing in the Territory as occasion shall serve; and to transfer such Forces to any English Plantation in America, as occasion shall require. And several Companies of Souldiers were now brought from Europe, to support what was to be imposed upon us, not without repeated Menaces that some hundreds more were intented for us.

§.V. The Government was no sooner in these Hands, but care was taken to load Preferments principally upon such Men as were strangers to, and haters of the People: and every ones Observation hath noted, what Qualifications recommended a Man to publick Offices and Employments, only here and there a good Man was used, where others could not easily be had; the Governour himself, with Assertions now and then falling from him, made us jealous that it would be thought for his Majesties Interest, if this People were removed and another succeeded in their room: And his far-fetch’d Instruments that were growing rich among us, would gravely inform us, that it was not for his Majesties Interest that we should thrive. But of all our oppressors we were chiefly squeez’d by a crew of abject Persons, fetched from New-York, to be the Tools of the Adversary, standing at our right hand; by these were extraor-dinary and intollerable Fees extorted from every one upon all occasions, without any Rules but those of their own insatiable Avarice and Beggary; and even the probate of a Will must now cost as many Pounds perhaps as it did Shillings heretofore; nor could a small Volume contain the other Illegalities done by these Horse-Leeches in the two or three Years that they have been sucking of us; and what Laws they made it was as impossible for us to know, as dangerous for us to break; but we shall leave the Men of Ipswich and of Plimouth (among others) to tell the story of the kindness which has been shown them upon this account. Doubtless a Land so ruled as once New-England was, has not without many fears and sighs beheld the wicked walking on every side, and the vilest Men exalted.

§.VI. It was now plainly affirmed, both by some in open Council, and by the same in private converse, that the people in New-England were all Slaves, and the only difference between them and Slaves is their not being bought and sold; and it was a maxim delivered in open Court unto us by one of the Council, that we must not think the Priviledges of Englishmen would follow us to the end of the World: Accordingly we have been treated with multiplied contradictions to Magna Charta, the rights of which we laid claim unto. Persons who did but peaceably object against the raising of Taxes without an Assembly, have been for it fined, some twenty, some thirty, and others fifty Pounds. Packt and pickt Juries have been very common things among us, when, under a pretended form of Law, the trouble of some honest and worthy Men has been aimed at: but when some of this Gang have been brought upon the Stage, for the most detestable Enormities that ever the Sun beheld, all Men have with Admiration seen what methods have been taken that they might not be treated according to their Crimes. Without a Verdict, yea, without a Jury sometimes have People been fined most unrighteously; and some not of the meanest Quality have been kept in long and close Imprisonment without any the least Information appearing against them, or an Habeas Corpus allowed unto them. In short, when our Oppressors have been a little out of Mony, ’twas but pretending some Offence to be enquired into, and the most innocent of Men were continually put into no small Expence to answer the Demands of the Officers, who must have Mony of them, or a prison for them tho none could accuse them of any Misdemeanour.

§.VII. To plunge the poor People every where into deeper Incapacities, there was one very comprehensive Abuse given to us; Multitudes of pious and sober Men through the Land, scrupled the Mode of Swearing on the Edition: current; Page: [104] Book, desiring that they might Swear with an uplifted Hand, agreeable to the ancient Custom of the Colony; and though we think we can prove that the Common Law amongst us (as well as in some other places under the English Crown) not only indulges, but even commands and enjoins the Rite of lifting the Hand in Swearing; yet they that had this Doubt, were still put by from serving upon any Juries; and many of them were most unaccountably Fined and Imprisoned. Thus one Grievance is a Trojan Horse, in the Belly of which it is not easy to recount how many insufferable Vexations have been contained.

§.VIII. Because these things could not make us miserable fast enough, there was a notable Discovery made of we know not what flaw in all our Titles to our Lands; and, tho besides our purchase of them from the Natives; and, besides our actual peaceable unquestioned possession of them for near threescore Years, and besides the Promise of K. Charles II. in his Proclamation sent over to us in the Year 1683, That no Man here shall receive any Prejudice in his Free-hold or Estate: We had the Grant of our Lands, under the Seal of the Council of Plimouth: which Grant was Renewed and Confirmed unto us by King Charles I. under the Great Seal of England; and the General Court which consisted of the Patentees and their Associates, had made particular Grants hereof to the several Towns (though ’twas now deny’d by the Governour, that there was any such Thing as a Town) among us; to all which Grants the General Court annexed for the further securing of them, A General Act, published under the Seal of the Colony, in the Year 1684. Yet we were every day told, That no man was owner of a Foot of Land in all the Colony. Accordingly, Writs of Intrusion began every where to be served on People, that after all their Sweat and their Cost upon their formerly purchased Lands, thought themselves Free-holders of what they had. And the Governor caused the Lands pertaining to these and those particular Men, to be measured out for his Creatures to take possession of; and the Right Owners, for pulling up the Stakes, have passed through Molestations enough to tire all the patience in the World. They are more than a few, that were by Terrors driven to take Patents for their Lands at excessive rates, to save them from the next that might petition for them: and we fear that the forcing of the People at the Eastward hereunto, gave too much Rise to the late unhappy Invasion made by the Indians on them. Blanck Patents were got ready for the rest of us, to be sold at a Price, that all the Mony and Moveables in the Territory could scarce have paid. And several Towns in the Country had their Commons begg’d by Persons (even by some of the Council themselves) who have been privately encouraged thereunto, by those that sought for Occasions to impoverish a Land already Peeled, Meeted out and Trodden down.

§.IX. All the Council were not ingaged in these ill Actions, but those of them which were true Lovers of their Country, were seldom admitted to, and seldomer consulted at the Debates which produced these unrighteous Things: Care was taken to keep them under Disadvantages; and the Governor, with five or six more, did what they would. We bore all these, and many more such Things, without making any attempt for any Relief; only Mr. Mather, purely out of respect unto the Good of his Afflicted Country, undertook a Voyage into England; which when these Men suspected him to be preparing for, they used all manner of Craft and Rage, not only to interrupt his Voyage, but to ruin his Person too. God having through many Difficulties given him to arrive at White-hall, the King, more than once or twice, promised him a certain Magna Charta for a speedy Redress of many things which we were groaning under: and in the mean time said, That our Governor should be written unto, to forbear the Measures that he was upon. However, after this, we were injured in those very Things which were complained of; and besides what Wrong hath been done in our Civil Concerns, we suppose the Ministers, and the Churches every where have seen our Sacred Concerns apace going after them: How they have been Discountenanced, has had a room in the reflections of every man, that is not a stranger in our Israel.

§.X. And yet that our Calamity might not be terminated here, we are again Briar’d in the Perplexities of another Indian War; how, or why, is a mystery too deep for us to unfold. And tho’ ’tis judged that our Indian Enemies are not above 100. in number, yet an Army of One thousand English hath been raised for the Conquering of them; which Army of our poor Friends and Brethren now under Popish Commanders (for in the Army as well as in the Council, Papists are in Commission) has been under such a conduct, that not one Indian hath been kill’d, but more English are supposed to have died through sickness and hardship, than we have adversaries there alive; and the whole War hath been so managed, that we cannot but suspect in it, a branch of the Plot to bring us low; which we leave to be further enquir’d into in due time.

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§.XI. We did nothing against these Proceedings, but only cry to our God; they have caused the cry of the Poor to come unto him, and he hears the cry of the Afflicted. We have been quiet hitherto, and so still we should have been, had not the Great God at this time laid us under a double engagement to do something for our security: besides, what we have in the strangely unanimous inclination, which our Countrymen by extreamest necessities are driven unto. For first, we are informed that the rest of the English America is Alarmed with just and great fears, that they may be attaqu’d by the French, who have lately (’tis said) already treated many of the English with worse then Turkish Cruelties; and while we are in equal danger of being surprised by them, it is high time we should be better guarded, than we are like to be while the Government remains in the hands by which it hath been held of late. Moreover, we have understood, (though the Governour has taken all imaginable care to keep us all ignorant thereof) that the Almighty God hath been pleased to prosper the noble undertaking of the Prince of Orange, to preserve the three Kingdoms from the horrible brinks of Popery and Slavery, and to bring to a Condign punishment those worst of men, by whom English Liberties have been destroy’d; in compliance with which Glorious Action, we ought surely to follow the Patterns which the Nobility, Gentry and Commonalty in several parts of those Kingdoms have set before us, though they therein chiefly proposed to prevent what we already endure.

§.XII. We do therefore seize upon the Persons of those few Ill men which have been (next to our Sins) the grand Authors of our Miseries; resolving to secure them, for what Justice, Orders from his Highness, with the English Parliament shall direct, lest, ere we are aware, we find (what we may fear, being on all sides in danger) our selves to be by them given away to a Forreign Power, before such Orders can reach unto us; for which Orders we now humbly wait. In the mean time firmly believing, that we have endeavoured nothing but what meer Duty to God and our Country calls for at our Hands: We commit our Enterprise unto the Blessing of Him, who hears the cry of the Oppressed, and advise all our Neighbours, for whom we have thus ventured our selves, to joyn with us in Prayers and all just Actions, for the Defence of the Land.

FINIS
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The English Bill of Rights 1689

After James II fled his throne, frightened by the army brought to England by William of Orange and the lack of support he found among his own people, a convention was called to determine who would succeed him and under what terms. The first term agreed upon was that Catholics would no longer be eligible to rule. Other terms were agreed upon by the convention, which was called by William as a representation of the English people and consisted of all those still living who had served in Parliament. Like Magna Charta and the Petition of Right, the Bill of Rights is a “declaration” in that its authors believed that they were merely declaring, or making clear, preexisting, customary rights. It did, however, have long-reaching effects by further establishing Parliament’s role in legislation, limiting the king’s power to raise and keep armies without Parliament’s approval, and establishing further checks on the king’s power to prosecute opponents in an arbitrary manner. It also established a firm line of royal succession to William’s wife Mary (daughter of James II, who officially ruled jointly with William until her death) and her line, and excluded Catholics. The document does not include prohibitions against quo warranto proceedings, by means of which James had in essence revoked town charters, because James had given up his claim to that right before leaving the throne.

The English Bill of Rights An Act for Declaring the Rights and Liberties of the Subject, and Settling the Succession of the Crown

Whereas the Lords Spiritual and Temporal, and Commons, assembled at Westminster, lawfully, fully, and freely representing all the estates of the people of this realm, did upon the Thirteenth day of February, in the year of our Lord One Thousand Six Hundred Eighty-eight, present unto their Majesties, then called and known by the names and style of William and Mary, Prince and Princess of Orange, being present in their proper persons, a certain Declaration in writing, made by the said Lords and Commons, in the words following, viz.:—

“Whereas the late King James II., by the assistance of divers evil counsellors, judges, and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion, and the laws and liberties of this kingdom:—

  • 1.

    By assuming and exercising a power of dispensing with and suspending of laws, and the execution of laws, without consent of Parliament.

  • 2.

    By committing and prosecuting divers worthy prelates, for humbly petitioning to be excused from concurring to the said assumed power.

  • 3.

    By issuing and causing to be executed a commission under the Great Seal for erecting a court, called the Court of Commissioners for Ecclesiastical Causes.

  • 4.

    By levying money for and to the use of the Crown by pretence of prerogative, for other time and in other manner than the same was granted by Parliament.

  • 5.

    By raising and keeping a standing army within this kingdom in time of peace, without consent of Parliament, and quartering soldiers contrary to law.

  • 6.

    By causing several good subjects, being Protestants, to be disarmed, at the same time when Papists were both armed and employed contrary to law.

  • 7.

    By violating the freedom of election of members to serve in Parliament.

  • 8.

    By prosecutions in the Court of King’s Bench for matters and causes cognizable only in Parliament; and by divers other arbitrary and illegal causes.

  • 9.

    And whereas of late years, partial, corrupt, and unqualified persons have been returned, and served on juries in trials, and particularly diverse jurors in trials for high treason, which were not freeholders.

  • 10.

    And excessive bail hath been required of persons committed in criminal cases, to elude the benefit of the laws made for the liberty of the subjects.

  • 11.

    And excessive fines have been imposed; and illegal and cruel punishments inflicted.

  • 12.

    And several grants and promises made of fines and forfeitures, before any conviction or judgment against the persons upon whom the same were to be levied.

All which are utterly and directly contrary to the known laws and statutes, and freedom of this realm.

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And whereas the said late King James II, having abdicated the government, and the throne being thereby vacant, his Highness the Prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from Popery and arbitrary power) did (by the advice of the Lords Spiritual and Temporal, and diverse principal persons of the Commons) cause letters to be written to the Lords Spiritual and Temporal, being Protestants, and other letters to the several counties, cities, universities, boroughs, and cinque ports, for the choosing of such persons to represent them, as were of right to be sent to Parliament, to meet and sit at Westminster upon the two-and-twentieth day of January, in this year one thousand six hundred eighty and eight, in order to such an establishment, as that their religion, laws, and liberties might not again be in danger of being subverted; upon which letters elections have been accordingly made.

And thereupon the said Lords Spiritual and Temporal, and Commons, pursuant to their respective letters and elections, being now assembled in a full and free representation of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done), for the vindicating and asserting their ancient rights and liberties, declare:—

  • 1.

    That the pretended power of suspending of laws, or the execution of laws, by regal authority, without consent of Parliament, is illegal.

  • 2.

    That the pretended power of dispensing with laws, or the execution of laws by regal authority, as it hath assumed and exercised of late, is illegal.

  • 3.

    That the commission for erecting the late Court of Commissioners for Ecclesiastical causes, and all other commissions and courts of like nature, are illegal and pernicious.

  • 4.

    That levying money for or to the use of the Crown by pretence of prerogative, without grant of Parliament, for longer time or in other manner than the same is or shall be granted, is illegal.

  • 5.

    That it is the right of the subjects to petition the King, and all commitments and prosecutions for such petitioning are illegal.

  • 6.

    That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law.

  • 7.

    That the subjects which are Protestants may have arms for their defence suitable to their conditions, and as allowed by law.

  • 8.

    That election of members of Parliament ought to be free.

  • 9.

    That the freedom of speech, and debates or proceedings in Parliament, ought not to be impeached or questioned in any court or place out of Parliament.

  • 10.

    That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted.

  • 11.

    That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders.

  • 12.

    That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void.

  • 13.

    And that for redress of all grievances, and for the amending, strengthening, and preserving of the laws, Parliament ought to be held frequently.

And they do claim, demand, and insist upon all and singular the premises, as their undoubted rights and liberties; and that no declarations, judgments, doings or proceedings, to the prejudice of the people in any of the said premises, ought in any wise to be drawn hereafter into consequence or example.

To which demand of their rights they are particularly encouraged by the declaration of his Highness the Prince of Orange, as being the only means for obtaining a full redress and remedy therein.

Having therefore an entire confidence that his said Highness the Prince of Orange will perfect the deliverance so far advanced by him, and will still preserve them from the violation of their rights, which they have here asserted, and from all other attempts upon their religion, rights, and liberties,

II. The said Lords Spiritual and Temporal, and Commons, assembled at Westminster, do resolve, that William and Mary, Prince and Princess of Orange, be, and be declared, King and Queen of England, France, and Ireland, and the dominions thereunto belonging, to hold the crown and royal dignity of the said kingdoms and dominions to them the said Prince and Princess during their lives, and the life of the survivor of them; and that the sole and full exercise of the regal power be only in, and executed by, the said Crown and royal dignity of the said kingdoms and dominions to be to the heirs of the body of the said Princess; and for default of such issue to the Princess Anne of Denmark, Edition: current; Page: [108] and the heirs of her body; and for default of such issue to the heirs of the body of the said Prince of Orange. And the Lords Spiritual and Temporal, and Commons, do pray the said Prince and Princess to accept the same accordingly.

III. And that the oaths hereafter mentioned be taken by all persons of whom the oaths of allegiance and supremacy might be required by law, instead of them; and that the said oaths of allegiance and supremacy be abrogated.

“I, A. B., do sincerely promise and swear, That I will be faithful and bear true allegiance to their Majesties King William and Queen Mary:

“So help me God.”

“I, A. B., do swear, That I do from my heart abhor, detest, and abjure as impious and heretical that damnable doctrine and position, that Princes excommunicated or deprived by the Pope, or any authority of the See of Rome, may be deposed or murdered by their subjects, or any other whatsoever. And I do declare, that no foreign prince, person, prelate, state, or potentate hath, or ought to have, any jurisdiction, power, superiority, preeminence, or authority, ecclesiastical or spiritual, within this realm:

“So help me God!”

IV. Upon which their said Majesties did accept the Crown and royal dignity of the kingdoms of England, France, and Ireland, and the dominions thereunto belonging, according to the resolution and desire of the said Lords and Commons contained in the said declaration.

V. And thereupon their Majesties were pleased, that the said Lords Spiritual and Temporal, and Commons, being the two Houses of Parliament, should continue to sit, and with their Majesties’ royal concurrence make effectual provision for the settlement of the religion, laws and liberties of this kingdom, so that the same for the future might not be in danger again of being subverted, to which the said Lords Spiritual and Temporal, and Commons, did agree and proceed to act accordingly.

VI. Now in pursuance of the premises, the said Lords Spiritual and Temporal, and Commons, in Parliament assembled, for the ratifying, confirming, and establishing the said declaration, and the articles, clauses, matters, and things therein contained, by the force of a law made in due form by authority of Parliament, do pray that it may be declared and enacted, That all and singular the rights and liberties asserted and claimed in the said declaration are the true, ancient, and indubitable rights and liberties of the people of this kingdom, and so shall be esteemed, allowed, adjudged, deemed, and taken to be, and that all and every of the particulars aforesaid shall be firmly and strictly holden and observed, as they are expressed in the said declaration; and all officers and ministers whatsoever shall serve their Majesties and their successors according to the same in all times to come.

VII. And the said Lords Spiritual and Temporal, and Commons, seriously considering how it hath pleased Almighty God, in his marvellous providence, and merciful goodness to this nation, to provide and preserve their said Majesties’ royal persons most happily to reign over us upon the throne of their ancestors, for which they render unto Him from the bottom of their hearts their humblest thanks and praises, do truly, firmly, assuredly, and in the sincerity of their hearts, think, and do hereby recognize, acknowledge, and declare, that King James II, having abdicated the Government, and their Majesties having accepted the Crown and royal dignity aforesaid, their said Majesties did become, were, are, and of right ought to be, by the laws of this realm, our sovereign liege Lord and Lady, King and Queen of England, France, and Ireland, and the dominions thereunto belonging, in and to whose princely persons the royal state, crown, and dignity of the same realms, with all honours, styles, titles, regalties, prerogatives, powers, jurisdictions, and authorities to the same belonging and appertaining, are most fully, rightfully, and entirely invested and incorporated, united, and annexed.

VIII. And for preventing all questions and divisions in this realm, by reason of any pretended titles to the Crown, and for preserving a certainty in the succession thereof, in and upon which the unity, peace, tranquility, and safety of this nation doth, under God, wholly consist and depend, the said Lords Spiritual and Temporal, and Commons, do beseech their Majesties that it may be enacted, established, and declared, that the Crown and regal government of the said kingdoms and dominions, with all and singular the premises thereunto belonging and appertaining, shall be and continue to their said Majesties, and the survivor of them, during their lives, and the life of the survivor of them. And that the entire, perfect, and full exercise of the regal power and government be only in, and executed by, Edition: current; Page: [109] his Majesty, in the names of both their Majesties, during their joint lives; and after their deceases the said Crown and premises shall be and remain to the heirs of the body of her Majesty: and for default of such issue, to her Royal Highness the Princess Anne of Denmark, and the heirs of her body; and for default of such issue, to the heirs of the body of his said Majesty: And thereunto the said Lords Spiritual and Temporal, and Commons, do, in the name of all the people aforesaid, most humbly and faithfully submit themselves, their heirs and posterities, forever: and do faithfully promise, that they will stand to, maintain, and defend their said Majesties, and also the limitation and succession of the Crown herein specified and contained, to the utmost of their powers, with their lives and estates, against all persons whatsoever that shall attempt anything to the contrary.

IX. And whereas it hath been found by experience, that it is inconsistent with the safety and welfare of this Protestant kingdom, to be governed by a Popish prince, or by any king or queen marrying a Papist, the said Lords Spiritual and Temporal, and Commons, do further pray that it may be enacted, That all and every person and persons that is, are, or shall be reconciled to, or shall hold communion with, the See or Church of Rome, or shall profess the Popish religion, or shall marry a Papist, shall be excluded, and be for ever incapable to inherit, possess, or enjoy the Crown and Government of this realm, and Ireland, and the dominions thereunto belonging, or any part of the same, or to have, use, or exercise any regal power, authority, or jurisdiction within the same; and in all and every such case or cases the people of these realms shall be and are hereby absolved of their allegiance; and the said Crown and Government shall from time to time descend to, and be enjoyed by, such person or persons, being Protestants, as should have inherited and enjoyed the same, in case the said person or persons so reconciled, holding communion, or professing, or marrying, as aforesaid, were naturally dead.

X. And that every King and Queen of this realm, who at any time hereafter shall come to and succeed in the Imperial Crown of this kingdom, shall, on the first day of the meeting of the first Parliament, next after his or her coming to the Crown, sitting in his or her throne in the House of Peers, in the presence of the Lords and Commons therein assembled, or at his or her coronation, before such person or persons who shall administer the coronation oath to him or her, at the time of his or her taking the said oath (which shall first happen), make, subscribe, and audibly repeat the declaration mentioned in the statute made in the thirteenth year of the reign of King Charles II., intituled “An act for the more effectual preserving the King’s person and Government, by disabling Papists from sitting in either House of Parliament.” But if it shall happen, that such King or Queen, upon his or her succession to the Crown of this realm, shall be under the age of twelve years, then every such King or Queen shall make, subscribe, and audibly repeat the said declaration at his or her coronation, or the first day of meeting of the first Parliament as aforesaid, which shall first happen after such King or Queen shall have attained the said age of twelve years.

XI. All which their Majesties are contented and pleased shall be declared, enacted, and established by authority of this present Parliament, and shall stand, remain, and be the law of this realm for ever; and the same are by their said Majesties, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in Parliament assembled, and by the authority of the same, declared, enacted, or established accordingly.

XII. And be it further declared and enacted by the authority aforesaid, that from and after this present session of Parliament, no dispensation by non obstante of or to any statute, or any part thereof, shall be allowed, but that the same shall be held void and of no effect, except a dispensation be allowed of in such statute, and except in such cases as shall be specially provided for by one or more bill or bills to be passed during this present session of Parliament.

XIII. Provided that no charter, or grant, or pardon granted before the three-and-twentieth day of October, in the year of our Lord One thousand six hundred eighty-nine, shall be any ways impeached or invalidated by this Act, by that the same shall be and remain of the same force and effect in law, and no other, than as if this Act had never been made.

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The Stamp Act March 22, 1765

After fighting several wars against France during the eighteenth century, Great Britain found itself with vast new territories in North America and a vast public debt. Seeking new sources to tax, Parliament hit upon the colonists in America. The justification for taxing Americans was that they had not been paying their fair share of public expenses even though British troops had been defending their homes for decades. Americans had always been “taxed” through trade regulations that restricted domestic manufacturing and decreed that all goods must go through British ports on British ships, but Americans had not paid specific taxes on specific goods. And colonists had avoided much of the expense of trade regulations by engaging in widespread smuggling. Thus, in addition to its taxes, the Stamp Act also called for the use of harsh admiralty courts to ferret out smugglers. Yet Parliament was unprepared for the violent reaction its legislation would bring.

The Stamp Act

An act for granting and applying certain stamp duties, and other duties, in the British colonies and plantations in America, towards further defraying the expences of defending, protecting, and securing the same; and for amending such parts of the several acts of parliament relating to the trade and revenues of the said colonies and plantations, as direct the manner of determining and recovering the penalties and forfeitures therein mentioned.

Whereas by an act made in the last session of parliament, several duties were granted, continued, and appropriated, towards defraying the expences of defending, protecting, and securing, the British colonies and plantations in America: and whereas it is just and necessary, that provision be made for raising a further revenue within your Majesty’s dominions in America, towards defraying the said expences: we, your Majesty’s most dutiful and loyal subjects, the commons of Great Britain in parliament assembled, have therefore resolved to give and grant unto your Majesty the several rates and duties herein after mentioned; and do most humbly beseech your Majesty that it may be enacted, and be it enacted by the King’s most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That from and after the first day of November, one thousand seven hundred and sixty five, there shall be raised, levied, collected, and paid unto his Majesty, his heirs, and successors, throughout the colonies and plantations in America which now are, or hereafter may be, under the dominion of his Majesty, his heirs and successors,

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written or printed, any declaration, plea, replication, rejoinder, demurrer, or other pleading, or any copy thereof, in any court of law within the British colonies and plantations in America, a stamp duty of three pence.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written or printed, any special bail and appearance upon such bail in any such court, a stamp duty of two shillings.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written, or printed, any petition, bill, answer, claim, plea, replication, rejoinder, demurrer, or other pleading in any court of chancery or equity within the said colonies and plantations, a stamp duty of one shilling and six pence.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written, or printed, any copy of any petition, bill, answer, claim, plea, replication, rejoinder, demurrer, or other pleading in any such court, a stamp duty of three pence.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written, or printed, any monition, libel, answer, allegation, inventory, or renunciation in ecclesiastical matters in any court of probate, court of the ordinary, or other court exercising ecclesiastical jurisdiction within the said colonies and plantations, a stamp duty of one shilling.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written, Edition: current; Page: [111] or printed, any copy of any will (other than the probate thereof) monition, libel, answer, allegation, inventory, or renunciation in ecclesiastical matters in any such court, a stamp duty of six pence.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written, or printed, any donation, presentation, collation, or institution of or to any benefice, or any writ or instrument for the like purpose, or any register, entry, testimonial, or certificate of any degree taken in any university, academy, college, or seminary of learning, within the said colonies and plantations, a stamp duty of two pounds.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written, or printed, any monition, libel, claim, answer, allegation, information, letter of request, execution, renunciation, inventory, or other pleading, in any admiralty court within the said colonies and plantations, a stamp duty of one shilling.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which any copy of any such monition, libel, claim, answer, allegation, information, letter of request, execution, renunciation, inventory, or other pleading shall be ingrossed, written, or printed, a stamp duty of six pence.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written, or printed, any appeal, writ of error, writ of dower, Ad quod damnum, certiorari, statute merchant, statute staple, attestation, or certificate, by any officer, or exemplification of any record or proceeding in any court whatsoever within the said colonies and plantations (except appeals, writs of error, certiorari, attestations, certificates, and exemplifications, for or relating to the removal of any proceedings from before a single justice of the peace) a stamp duty of ten shillings.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written, or printed, any writ of covenant for levying of fines, writ of entry for suffering a common recovery, or attachment issuing out of, or returnable into, any court within the said colonies and plantations, a stamp duty of five shillings.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written, or printed, any judgment, decree, sentence, or dismission, or any record of Nisi Prius or Postea, in any court within the said colonies and plantations, a stamp duty of four shillings.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written, or printed, any affidavit, common bail or appearance, interrogatory deposition, rule, order, or warrant of any court, or any Dedimus Potestatem, Capias, Subpoena, summons, compulsory citation, commission, recognizance, or any other writ, process, or mandate, issuing out of, or returnable into, any court, or any office belonging thereto, or any other proceeding therein whatsoever, or any copy thereof, or of any record not herein before charged, within the said colonies and plantations (except warrants relating to criminal matters, and proceeding thereon or relating thereto) a stamp duty of one shilling.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written, or printed, any licence, appointment, or admission of any counsellor, solicitor, attorney, advocate, or proctor, to practise in any court, or of any notary within the said colonies and plantations, a stamp duty of ten pounds.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written, or printed, any note or bill of lading, which shall be signed for any kind of goods, wares, or merchandize, to be exported from, or any cocket or clearance granted within the said colonies and plantations, a stamp duty of four pence. . . .

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which any grant of any liberty, privilege, or franchise, under the seal of any of the said colonies or plantations, or under the seal or sign manual of any governor, proprietor, or publick officer alone, or in conjunction with any other person or persons, or with any council, or any council and assembly, or any exemplification of the same, shall be ingrossed, written, or printed, within the said colonies and plantations, a stamp duty of six pounds.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written, or printed, any licence for retailing of spirituous liquors, to be granted to any person who shall take out the same, within the said colonies and plantations, a stamp duty of twenty shillings. . . .

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written or printed, any such probate, letters of administration or of Edition: current; Page: [112] guardianship, within all other parts of the British dominions in America, a stamp duty of ten shillings. . . .

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written, or printed, any indenture, lease, conveyance, contract, stipulation, bill of sale, charter party, protest, articles of apprenticeship, or covenant (except for the hire of servants not apprentices, and also except such other matters as are herein before charged) within the British colonies and plantations in America, a stamp duty of two shillings and six pence.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which any warrant or order for auditing any publick accounts, beneficial warrant, order, grant, or certificate, under any publick seal, or under the seal or sign manual of any governor, proprietor, or publick officer alone, or in conjunction with any other person or persons, or with any council, or any council and assembly, not herein before charged, or any passport or let-pass, surrender of office, or policy of assurance, shall be ingrossed, written, or printed, within the said colonies and plantations (except warrants or orders for the service of the navy, army, ordnance, or militia, and grants of offices under twenty pounds per annum in salary, fees, and perquisites) a stamp duty of five shillings.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written, or printed, any notarial act, bond, deed, letter of attorney, procuration, mortgage, release, or other obligatory instrument, not herein before charged, within the said colonies and plantations, a stamp duty of two shillings and three pence. . . .

And for and upon every pack of playing cards, and all dice, which shall be sold or used within the said colonies and plantations, the several stamp duties following (that is to say)

For every pack of such cards, the sum of one shilling.

And for every pair of such dice, the sum of ten shillings.

And for and upon every paper, commonly called a pamphlet, and upon every news paper, containing publick news, intelligence, or occurrences, which shall be printed, dispersed, and made publick, within any of the said colonies and plantations, and for and upon such advertisements as are herein after mentioned, the respective duties following (that is to say)

For every such pamphlet and paper contained in half a sheet, or any lesser piece of paper, which shall be so printed, a stamp duty of one halfpenny, for every printed copy thereof.

For every such pamphlet and paper (being larger than half a sheet, and not exceeding one whole sheet) which shall be so printed, a stamp duty of one penny, for every printed copy thereof.

For every pamphlet and paper being larger than one whole sheet, and not exceeding six sheets in octavo, or in a lesser page, or not exceeding twelve sheets in quarto, or twenty sheets in folio, which shall be so printed, a duty after the rate of one shilling for every sheet of any kind of paper which shall be contained in one printed copy thereof.

For every advertisement to be contained in any gazette, news paper, or other paper, or any pamphlet which shall be so printed, a duty of two shillings.

For every almanack or calendar, for any one particular year, or for any time less than a year, which shall be written or printed on one side only of any one sheet, skin, or piece of paper parchment, or vellum, within the said colonies and plantations, a stamp duty of two pence.

For every other almanack or calendar for any one particular year, which shall be written or printed within the said colonies and plantations, a stamp duty of four pence.

And for every almanack or calendar written or printed within the said colonies and plantations, to serve for several years, duties to the same amount respectively shall be paid for every such year.

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which any instrument, proceeding, or other matter or thing aforesaid, shall be ingrossed, written, or printed, within the said colonies and plantations, in any other than the English language, a stamp duty of double the amount of the respective duties before charged thereon.

And there shall be also paid in the said colonies and plantations, a duty of six pence for every twenty shillings, in any sum not exceeding fifty pounds sterling money, which shall be given, paid, contracted, or agreed for, with or in relation to any clerk or apprentice, which shall be put or placed to or with any master or mistress to learn any profession, trade, or employment. . . .

LIV. And be it further enacted by the authority aforesaid, That all the monies which shall arise by the several rates and duties hereby granted (except the necessary charges of raising, collecting, recovering, answering, paying, Edition: current; Page: [113] and accounting for the same, and the necessary charges from time to time incurred in relation to this act, and the execution thereof) shall be paid into the receipt of his Majesty’s exchequer, and shall be entered separate and apart from all other monies, and shall be there reserved to be from time to time disposed of by parliament, towards further defraying the necessary expences of defending, protecting, and securing, the said colonies and plantations. . . .

LVIII. And it is hereby further enacted and declared by the authority aforesaid, That all sums of money granted and imposed by this act as rates or duties, and also all sums of money imposed as forfeitures or penalties, and all sums of money required to be paid, and all other monies herein mentioned, shall be deemed and taken to be sterling money of Great Britain, and shall be collected, recovered, and paid, to the amount of the value which such nominal sums bear in Great Britain; and that such monies shall and may be received and taken, according to the proportion and value of five shillings and six pence the ounce in silver; and that all the forfeitures and penalties hereby inflicted, and which shall be incurred, in the said colonies and plantations, shall and may be prosecuted, sued for, and recovered, in any court of record, or in any court of admiralty, in the respective colony or plantation where the offence shall be committed, or in any court of vice admiralty appointed or to be appointed, and which shall have jurisdiction within such colony, plantation, or place, (which courts of admiralty or vice admiralty are hereby respectively authorized and required to proceed, hear, and determine the same,) at the election of the informer or prosecutor; and that from and after the twenty ninth day of September, one thousand seven hundred and sixty five, in all cases, where any suit or prosecution shall be commenced and determined for any penalty or forfeiture inflicted by this act, or by the said act made in the fourth year of his present Majesty’s reign, or by any other act of parliament relating to the trade or revenues of the said colonies or plantations, in any court of admiralty in the respective colony or plantation where the offence shall be committed, either party, who shall think himself aggrieved by such determination, may appeal from such determination to any court of vice admiralty appointed or to be appointed, and which shall have jurisdiction within such colony, plantation, or place, (which court of vice admiralty is hereby authorized and required to proceed, hear, and determine such appeal) any law, custom, or usage, to the contrary notwithstanding; and the forfeitures and penalties hereby inflicted, which shall be incurred in any other part of his Majesty’s dominions, shall and may be prosecuted, sued for, and recovered, with full costs of suit, in any court of record within the kingdom, territory, or place, where the offence shall be committed, in such and the same manner as any debt or damage, to the amount of such forfeiture or penalty, can or may be sued for and recovered.

LIX. And it is hereby further enacted, That all the forfeitures and penalties hereby inflicted shall be divided, paid, and applied, as follows; (that is to say) one third part of all such forfeitures and penalties recovered in the said colonies and plantations, shall be paid into the hands of one of the chief distributors of stamped vellum, parchment, and paper, residing in the colony or plantation wherein the offender shall be convicted, for the use of his Majesty, his heirs, and successors; one third part of the penalties and forfeitures, so recovered, to the governor or commander in chief of such colony or plantation; and the other third part thereof, to the person who shall inform or sue for the same; and that one moiety of all such penalties and forfeitures recovered in any other part of his Majesty’s dominions, shall be to the use of his Majesty, his heirs, and successors, and the other moiety thereof, to the person who shall inform or sue for the same.

LX. And be it further enacted by the authority aforesaid, That all the offences which are by this act made felony [counterfeiting or forging a stamped paper], and shall be committed within any part of his Majesty’s dominions, shall and may be heard, tried, and determined, before any court of law within the respective kingdom, territory, colony, or plantation, where the offence shall be committed, in such and the same manner as all other felonies can or may be heard, tried, and determined, in such court.

LXI. And be it further enacted by the authority aforesaid, That all the present governors or commanders in chief of any British colony or plantation, shall, before the said first day of November, one thousand seven hundred and sixty five, and all who hereafter shall be made governors or commanders in chief of the said colonies or plantations, or any of them, before their entrance into their government, shall take a solemn oath to do their utmost, that all and every the clauses contained in this present act be punctually and bona fide observed, according to the true intent and meaning thereof, so far as appertains unto the said governors or commanders in chief respectively, under the Edition: current; Page: [114] like penalties, forfeitures, and disabilities, either for neglecting to take the said oath, or for wittingly neglecting to do their duty accordingly, as are mentioned and expressed in an act made in the seventh and eighth year of the reign of King William the Third, intituled, An act for preventing frauds, and regulating abuses, in the plantation trade; and the said oath hereby required to be taken, shall be administered by such person or persons as hath or have been, or shall be, appointed to administer the oath required to be taken by the said act made in the seventh and eighth year of the reign of King William the Third.

LXII. And be it further enacted by the authority aforesaid, That all records, writs, pleadings, and other proceedings in all courts whatsoever, and all deeds, instruments, and writings whatsoever, hereby charged, shall be ingrossed and written in such manner as they have been usually accustomed to be ingrossed and written, or are now ingrossed and written within the said colonies and plantations.

LXIII. And it is hereby further enacted, That if any person or persons shall be sued or prosecuted, either in Great Britain or America, for any thing done in pursuance of this act, such person and persons shall and may plead the general issue, and give this act and the special matter in evidence; and if it shall appear so to have been done, the jury shall find for the defendant or defendants: and if the plaintiff or plaintiffs shall become non-suited, or discontinue his or their action after the defendant or defendants shall have appeared, or if judgement shall be given upon any verdict or demurrer against the plaintiff or plaintiffs, the defendant or defendants shall recover treble costs, and have the like remedy for the same, as defendants have in other cases by law.

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Braintree Instructions

John Adams (1735–1826) was only thirty-one years old when he penned these instructions from his township to their colonial representative, but they were accepted unanimously and with-out amendment by his neighbors. In the instructions, the future revolutionary leader and second president of the United States sets out the colonists’ objections to the Stamp Act, focusing on the burdensome nature of its unaccustomed tax and the danger to liberty from its extension of military justice into tax proceedings against colonists. Well before independence, Americans had developed a system of legislative representation that allowed for significant input from local citizens. Thus, it would have been no surprise to Mr. Thayer, the representative to whom these instructions are addressed, that his constituents should “instruct” him of their desire that he express their opposition to the Stamp Act and work to see it repealed.

Instructions of the Town of Braintree to Their Representative,

To Ebenezer Thayer, Esq.

Sir,—In all the calamities which have ever befallen this country, we have never felt so great a concern, or such alarming apprehensions, as on this occasion. Such is our loyalty to the King, our veneration for both houses of Parliament, and our affection for all our fellow-subjects in Britain, that measures which discover any unkindness in that country towards us are the more sensibly and intimately felt. And we can no longer forbear complaining, that many of the measures of the late ministry, and some of the late acts of Parliament, have a tendency, in our apprehension, to divest us of our most essential rights and liberties. We shall confine ourselves, however, chiefly to the act of Parliament, commonly called the Stamp Act, by which a very burthensome, and, in our opinion, unconstitutional tax, is to be laid upon us all; and we subjected to numerous and enormous penalties, to be prosecuted, sued for, and recovered, at the option of an informer, in a court of admiralty, without a jury.

We have called this a burthensome tax, because the duties are so numerous and so high, and the embarrassments to business in this infant, sparsely-settled country so great, that it would be totally impossible for the people to subsist under it, if we had no controversy at all about the right and authority of imposing it. Considering the present scarcity of money, we have reason to think, the execution of that act for a short space of time would drain the country of its cash, strip multitudes of all their property, and reduce them to absolute beggary. And what the consequence would be to the peace of the province, from so sudden a shock and such a convulsive change in the whole course of our business and subsistence, we tremble to consider. We further apprehend this tax to be unconstitutional. We have always understood it to be a grand and fundamental principle of the constitution, that no freeman should be subject to any tax to which he has not given his own consent, in person or by proxy. And the maxims of the law, as we have constantly received them, are to the same effect, that no freeman can be separated from his property but by his own act or fault. We take it clearly, therefore, to be inconsistent with the spirit of the common law, and of the essential fundamental principles of the British constitution, that we should be subject to any tax imposed by the British Parliament; because we are not represented in that assembly in any sense, unless it be by a fiction of law, as insensible in theory as it would be injurious in practice, if such a taxation should be grounded on it.

But the most grievous innovation of all, is the alarming extension of the power of courts of admiralty. In these courts, one judge presides alone! No juries have any concern there! The law and the fact are both to be decided by the same single judge, whose commission is only during pleasure, and with whom, as we are told, the most mischievous of all customs has become established, that of taking Edition: current; Page: [116] commissions on all condemnations; so that he is under a pecuniary temptation always against the subject. Now, if the wisdom of the mother country has thought the independency of the judges so essential to an impartial administration of justice, as to render them independent of every power on earth,—independent of the King, the Lords, the Commons, the people, nay, independent in hope and expectation of the heir-apparent, by continuing their commissions after a demise of the crown, what justice and impartiality are we, at three thousand miles distance from the fountain, to expect from such a judge of admiralty? We have all along thought the acts of trade in this respect a grievance; but the Stamp Act has opened a vast number of sources of new crimes, which may be committed by any man, and cannot but be committed by multitudes, and prodigious penalties are annexed, and all these are to be tried by such a judge of such a court! What can be wanting, after this, but a weak or wicked man for a judge, to render us the most sordid and forlorn of slaves?—we mean the slaves of a slave of the servants of a minister of state. We cannot help asserting, therefore, that this part of the act will make an essential change in the constitution of juries, and it is directly repugnant to the Great Charter itself; for, by that charter, “no amerciament shall be assessed, but by the oath of honest and lawful men of the vicinage;” and, “no freeman shall be taken, or imprisoned, or disseized of his freehold, or liberties of free customs, nor passed upon, nor condemned, but by lawful judgment of his peers, or by the law of the land.” So that this act will “make such a distinction, and create such a difference between” the subjects in Great Britain and those in America, as we could not have expected from the guardians of liberty in “both.”

As these, sir, are our sentiments of this act, we, the freeholders and other inhabitants, legally assembled for this purpose, must enjoin it upon you, to comply with no measures or proposals for countenancing the same, or assisting in the execution of it, but by all lawful means, consistent with our allegiance to the King, and relation to Great Britain, to oppose the execution of it, till we can hear the success of the cries and petitions of America for relief.

We further recommend the most clear and explicit assertion and vindication of our rights and liberties to be entered on the public records, that the world may know, in the present and all future generations, that we have a clear knowledge and a just sense of them, and, with submission to Divine Providence, that we never can be slaves.

Nor can we think it advisable to agree to any steps for the protection of stamped papers or stamp-officers. Good and wholesome laws we have already for the preservation of the peace; and we apprehend there is no further danger of tumult and disorder, to which we have a well-grounded aversion; and that any extraordinary and expensive exertions would tend to exasperate the people and endanger the public tranquillity, rather than the contrary. Indeed, we cannot too often inculcate upon you our desires, that all extraordinary grants and expensive measures may, upon all occasions, as much as possible, be avoided. The public money of this country is the toil and labor of the people, who are under many uncommon difficulties and distresses at this time, so that all reasonable frugality ought to be observed. And we would recommend particularly, the strictest care and the utmost firmness to prevent all unconstitu-tional draughts upon the public treasury.

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Resolutions of the Virginia House of Burgesses June 1765

Declarations of the Stamp Act Congress October 24, 1765

Opposition to the Stamp Act was strong, wide, and at times violent throughout the American colonies. For centuries, English subjects had responded to unpopular acts and legislation by petitioning the king for redress of their grievances. The colonists had been enthusiastic participants in this tradition since the founding of settlements in America. They continued that tradition during the Stamp Act crisis, further underlining their attachment to local, colonial legislatures by acting through bodies such as the House of Burgesses, the lower house of Virginia’s legislature. In addition, however, colonists called a special congress of representatives from throughout the colonies to address the Stamp Act. This Stamp Act Congress issued its own statement of colonial grievances. The stated grievances were consistent: colonists were being taxed without their consent, in violation of ancient chartered rights, and they were being subjected to unfair and unaccustomed legal proceedings through the extension of admiralty court jurisdiction to tax cases in the colonies.

Resolutions of the Virginia House of Burgesses

Resolved, That the first Adventurers and Settlers of this his Majesty’s Colony and Dominion of Virginia brought with them, and transmitted to their Posterity, and all other his Majesty’s Subjects since inhabiting in this his Majesty’s said Colony, all the Liberties, Privileges, Franchises, and Immunities, that have at any Time been held, enjoyed, and possessed, by the people of Great Britain.

Resolved, That by two royal Charters, granted by King James the First, the Colonists aforesaid are declared entitled to all Liberties, Privileges, and Immunities of Denizens and natural Subjects, to all Intents and Purposes, as if they had been abiding and born within the Realm of England.

Resolved, That the Taxation of the People by themselves, or by Persons chosen by themselves to represent them, who can only know what Taxes the People are able to bear, or the easiest Method of raising them, and must themselves be affected by every Tax laid on the People, is the only Security against a burthensome Taxation, and the distinguishing Characteristick of British Freedom, without which the ancient Constitution cannot exist.

Resolved, That his Majesty’s liege People of this his most ancient and loyal Colony have without Interruption enjoyed the inestimable Right of being governed by such Laws, respecting their internal Polity and Taxation, as are derived from their own Consent, with the Approbation of their Sovereign, or his Substitute; and that the same hath never been forfeited or yielded up, but hath been constantly recognized by the Kings and People of Great Britain.

Declarations of the Stamp Act Congress

The Members of this Congress, sincerely devoted, with the warmest Sentiments of Affection and Duty to his Majesty’s Person and Government, inviolably attached to the present happy Establishment of the Protestant Succession, and with Minds deeply impressed by a Sense of the present and impending Misfortunes of the British Colonies on this Continent; having considered as maturely as Time will permit, the Circumstances of the said Colonies, esteem it our indispensable Duty, to make the following Declarations of our humble Opinion, respecting the most Essential Rights and Liberties of the Colonists, and of the Grievances under which they labour, by Reason of several late Acts of Parliament.

  • I.

    That his Majesty’s Subjects in these Colonies, owe the same Allegiance to the Crown of Great-Britain, that is owing from his Subjects born within the Realm, and all due Subordination to that August Body the Parliament of Great-Britain.

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  • II.

    That his Majesty’s Liege Subjects in these Colonies, are entitled to all the inherent Rights and Liberties of his Natural born Subjects, within the Kingdom of Great-Britain.

  • III.

    That it is inseparably essential to the Freedom of a People, and the undoubted Right of Englishmen, that no Taxes be imposed on them, but with their own Consent, given personally, or by their Representatives.

  • IV.

    That the People of these Colonies are not, and from their local Circumstances cannot be, Represented in the House of Commons in Great-Britain.

  • V.

    That the only Representatives of the People of these Colonies, are Persons chosen therein by themselves, and that no Taxes ever have been, or can be Constitutionally imposed on them, but by their respective Legislature.

  • VI.

    That all Supplies to the Crown, being free Gifts of the People, it is unreasonable and inconsistent with the Principles and Spirit of the British Constitution, for the People of Great-Britain, to grant to his Majesty the Property of the Colonists.

  • VII.

    That Trial by Jury, is the inherent and invaluable Right of every British Subject in these Colonies.

  • VIII.

    That the late Act of Parliament, entitled, An Act for granting and applying certain Stamp Duties, and other Duties, in the British Colonies and Plantations in America, &c. by imposing Taxes on the Inhabitants of these Colonies, and the said Act, and several other Acts, by extending the Jurisdiction of the Courts of Admiralty beyond its ancient Limits, have a manifest Tendency to subvert the Rights and Liberties of the Colonists.

  • IX.

    That the Duties imposed by several late Acts of Parliament, from the peculiar Circumstances of these Colonies, will be extremely Burthensome and Grievous; and from the scarcity of Specie, the Payment of them absolutely impracticable.

  • X.

    That as the Profits of the Trade of these Colonies ultimately center in Great-Britain, to pay for the Manufactures which they are obliged to take from thence, they eventually contribute very largely to all Supplies granted there to the Crown.

  • XI.

    That the Restrictions imposed by several late Acts of Parliament, on the Trade of these Colonies, will render them unable to purchase the Manufactures of Great-Britain.

  • XII.

    That the Increase, Prosperity, and Happiness of these Colonies, depend on the full and free Enjoyment of their Rights and Liberties, and an Intercourse with Great-Britain mutually Affectionate and Advantageous.

  • XIII.

    That it is the Right of the British Subjects in these Colonies, to Petition the King, or either House of Parliament.

Lastly, That it is the indispensable Duty of these Colonies, to the best of Sovereigns, to the Mother Country, and to themselves, to endeavour by a loyal and dutiful Address to his Majesty, and humble Applications to both Houses of Parliament, to procure the Repeal of the Act for granting and applying certain Stamp Duties, of all Clauses of any other Acts of Parliament, whereby the Jurisdiction of the Admiralty is extended as aforesaid, and of the other late Acts for the Restriction of American Commerce.

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The Rights of the British Colonies Asserted and Proved

James Otis (1725–83) was a lawyer, colonial official, and leading advocate for the rights of his fellow American colonists. In 1761, he resigned his post as advocate general of the Vice Admiralty Court to protest the issuance of writs of assistance by the Massachusetts superior court. These writs essentially gave authorities the right to search wherever they pleased for smuggled goods; Otis argued that they violated the rights of Englishmen. Soon thereafter, Otis was instrumental in calling for the Stamp Act Congress, in which he served. His public career was cut short when, in 1769, he suffered a blow to the head in an argument with a customs commissioner; the injury resulted in Otis’s eventually going insane. In arguing against the Stamp Act, Otis in this selection restates his argument that colonists in America were entitled to the same rights as Englishmen.

The Rights of the British Colonies Asserted and Proved

Of the Political and Civil Rights of the British Colonists

Here indeed opens to view a large field; but I must study brevity—Few people have extended their enquiries after the foundation of any of their rights, beyond a charter from the crown. There are others who think when they have got back to old Magna Charta, that they are at the beginning of all things. They imagine themselves on the borders of Chaos (and so indeed in some respects they are) and see creation rising out of the unformed mass, or from nothing. Hence, say they, spring all the rights of men and of citizens. . . . But liberty was better understood, and more fully enjoyed by our ancestors, before the coming in of the first Norman Tyrants than ever after, ’till it was found necessary, for the salvation of the kingdom, to combat the arbitrary and wicked proceedings of the Stuarts.

The present happy and most righteous establishment is justly built on the ruins, which those Princes bro’t on their Family; and two of them on their own heads—The last of the name sacrificed three of the finest kingdoms in Europe, to the councils of bigotted old women, priests and more weak and wicked ministers of state: He afterward went a grazing in the fields of St. Germains, and there died in disgrace and poverty, a terrible example of God’s vengeance on arbitrary princes!

The deliverance under God wrought by the prince of Orange, afterwards deservedly made King Wm. 3rd. was as joyful an event to the colonies as to Great-Britain: In some of them steps were taken in his favour as soon as in England.

They all immediately acknowledged King William and Queen Mary as their lawful Sovereign. And such has been the zeal and loyalty of the colonies ever since for that establishment, and for the protestant succession in his Majesty’s illustrious family, that I believe there is not one man in an hundred (except in Canada) who does not think himself under the best national civil constitution in the world.

Their loyalty has been abundantly proved, especially in the late war. Their affection and reverence for their mother country is unquestionable. They yield the most chearful and ready obedience to her laws, particularly to the power of that august body the parliament of Great-Britain, the supreme legislative of the kingdom and in dominions. These I declare are my own sentiments of duty and loyalty. I also hold it clear that the act of Queen Anne, which makes it high treason to deny “that the King with and by the authority of parliament, is able to make laws and statutes of sufficient force and validity to limit and bind the crown, and the descent, limitation, inheritance and government thereof” is founded on the principles of liberty and the British constitution: And he that would palm the doctrine of unlimited passive obedience and non-resistance upon Edition: current; Page: [120] mankind, and thereby or by any other means serve the cause of the Pretender, is not only a fool and a knave, but a rebel against common sense, as well as the laws of God, of Nature, and his Country.

—I also lay it down as one of the first principles from whence I intend to deduce the civil rights of the British colonies, that all of them are subject to, and dependent on Great-Britain; and that therefore as over subordinate governments, the parliament of Great-Britain has an undoubted power and lawful authority to make acts for the general good, that by naming them, shall and ought to be equally binding, as upon the subjects of Great-Britain within the realm. This principle, I presume will be readily granted on the other side of the Atlantic. It has been practiced upon for twenty years to my knowledge, in the province of the Massachusetts-Bay; and I have ever received it, that it has been so from the beginning, in this and the sister provinces, thro’ the continent. *

I am aware, some will think it is time for me to retreat, after having expressed the power of the British parliament in quite so strong terms. But ’tis from and under this very power and its acts, and from the common law, that the political and civil rights of the Colonists are derived: And upon those grand pillars of liberty shall my defence be rested. At present therefore, the reader may suppose, that there is not one provincial charter on the continent; he may, if he pleases, imagine all taken away, without fault, without forfeiture, without tryal or notice. All this really happened to some of them in the last century. I would have the reader carry his imagination still further, and suppose a time may come, when instead of a process at common law, the parliament shall give a decisive blow to every charter in America, and declare them all void. Nay it shall also be granted, that ’tis barely possible, the time may come, when the real interest of the whole may require an act of parliament to annihilate all those charters. What could follow from all this, that would shake one of the essential, natural, civil or religious rights of the Colonists? Nothing. They would be men, citizens and british subjects after all. No act of parliament can deprive them of the liberties of such, unless any will contend that an act of parliament can make slaves not only of one, but of two millions of the commonwealth. And if so, why not of the whole? I freely own, that I can find nothing in the laws of my country, that would justify the parliament in making one slave, nor did they ever professedly undertake to make one.

Two or three innocent colony charters have been threatned with destruction an hundred and forty years past. I wish the present enemies of those harmless charters would reflect a moment, and be convinced that an act of parliament that should demolish those bugbears to the foes of liberty, would not reduce the Colonists to a state of absolute slavery. The worst enemies of the charter governments are by no means to be found in England. ’Tis a piece of justice due to Great-Britain to own, they are and have ever been natives of or residents in the colonies. A set of men in America, without honour or love to their country, have been long grasping at powers, which they think unattainable while these charters stand in the way. But they will meet with insurmountable obstacles to their project for enslaving the British colonies, should those, arising from provincial charters be removed. It would indeed seem very hard and severe, for those of the colonists, who have charters, with peculiar priviledges, to loose them. They were given to their ancestors, in consideration of their sufferings and merit, in discovering and settling America. Our fore-fathers were soon worn away in the toils of hard labour on their little plantations, and in war with the Savages. They thought they were earning a sure inheritance for their posterity. Could they imagine it would ever be tho’t just to deprive them or theirs of their charter priviledges! Should this ever be the case, there are, thank God, natural, inherent and inseperable rights as men, and as citizens, that would remain after the so much wished for catastrophe, and which, whatever became of charters, can never be abolished de jure, if de facto, till the general conflagration. Our rights as men and free born British subjects, give all the Colonists enough to make them very happy in comparison with the subjects of any other prince in the world.

Every British subject born on the continent of America, or in any other of the British dominions, is by the law of God and nature, by the common law, and by act of parliament, (exclusive of all charters from the Crown) entitled to all the natural, essential, inherent and inseparable rights of Edition: current; Page: [121] our fellow subjects in Great Britain. Among those rights are the following, which it is humbly conceived no man or body of men, not excepting the parliament, justly equitably and consistently with their own rights and the constitution, can take away.

1st. That the supreme and subordinate powers of the legislation should be free and sacred in the hands where the community have once rightfully placed them.

2dly. The supreme national legislative cannot be altered justly ’till the commonwealth is dissolved, nor a subordinate legislative taken away without forfeiture or other good cause. Nor then can the subjects in the subordinate government be reduced to a state of slavery, and subject to the despotic rule of others. A state has no right to make slaves of the conquered. Even when the subordinate right of legislature is forfeited, and so declared, this cannot affect the natural persons either of those who were invested with it, or the inhabitants, * so far as to deprive them of the rights of subjects and of men—The colonists will have an equitable right notwithstanding any such forfeiture of charter, to be represented in Parliament, or to have some new subordinate legislature among themselves. It would be best if they had both. Deprived however of their common rights as subjects, they cannot lawfully be, while they remain such. A representation in Parliament from the several Colonies, since they are become so large and numerous, as to be called on not to maintain provincial government, civil and military among themselves, for this they have chearfully done, but to contribute towards the support of a national standing army, by reason of the heavy national debt, when they themselves owe a large one, contracted in the common cause, can’t be tho’t an unreasonable thing, nor if asked, could it be called an immodest request. Qui sentis commodum sentire debet et onus, has been tho’t a maxim of equity. But that a man should bear a burthen for other people, as well as himself, without a return, never long found a place in any law-book or decrees, but those of the most despotic princes. Besides the equity of an American representation in parliament, a thousand advantages would result from it. It would be the most effectual means of giving those of both countries a thorough knowledge of each others interests; as well as that of the whole, which are inseparable.

Were this representation allowed; instead of the scandalous memorials and depositions that have been sometimes, in days of old, privately cooked up in an inquisitorial manner, by persons of bad minds and wicked views, and sent from America to the several boards, persons of the first reputation among their countrymen, might be on the spot, from the several colonies, truly to represent them. Future ministers need not, like some of their predecessors, have recourse for information in American affairs, to every vagabond stroller, that has run or rid post thro’ America, from his creditors, or to people of no kind of reputation from the colonies; some of whom, at the time of administring their sage advice, have been as ignorant of the state of the country, as of the regions in Jupiter and Saturn.

No representation of the Colonies in parliament alone, would however be equivalent to a subordinate legislative among themselves; nor so well answer the ends of increasing their prosperity and the commerce of Great-Britain. It would be impossible for the parliament to judge so well, of their abilities to bear taxes, impositions on trade, and other duties and burthens, or of the local laws that might be really needful, as a legislative here.

3dly. No legislative, supreme or subordinate, has a right to make itself arbitrary.

It would be a most manifest contradiction, for a free legislative, like that of Great-Britain, to make itself arbitrary.

4thly. The supreme legislative cannot justly assume a power of ruling by extempore arbitrary decrees, but is bound to dispense justice by known settled rules, and by duly authorized independant judges.

5thly. The supreme power cannot take from any man any part of his property, without his consent in person, or by representation.

6thly. The legislature cannot transfer the power of making laws to any other hands.

These are their bounds, which by God and nature are fixed, hitherto have they a right to come, and no further.

  • 1.

    To govern by stated laws.

  • 2.

    Those laws should have no other end ultimately, but the good of the people.

  • 3.

    Taxes are not to be laid on the people, but by their consent in person, or by deputation.

  • 4.

    Their whole power is not transferable.

These are the first principles of law and justice, and the great barriers of a free state, and of the British constitution in particular. I ask, I want no more —Now let it be shown Edition: current; Page: [122] how ’tis reconcileable with these principles, or to many other fundamental maxims of the British constitution, as well as the natural and civil rights, which by the laws of their country, all British subjects are intitled to, as their best inheritance and birth-right, that all the northern colonies, who are without one representative in the house of Commons, should be taxed by the British parliament.

That the colonists, black and white, born here, are free born British subjects, and entitled to all the essential civil rights of such, is a truth not only manifest from the provincial charters, from the principles of the common law, and acts of parliament; but from the British constitution, which was reestablished at the revolution, with a professed design to lecture the liberties of all the subjects to all generations. *

In the 12 and 13 of Wm. cited above, the liberties of the subject are spoken of as their best birth-rights—No one ever dreamt, surely, that these liberties were confined to the realm. At that rate, no British subjects in the dominions could, without a manifest contradiction, be declared entitled to all the privileges of subjects born within the realm, to all intents and purposes, which are rightly given foreigners, by parliament, after residing seven years. These expressions of parliament, as well as of the charters, must be vain and empty sounds, unless we are allowed the essential rights of our fellow-subjects in Great-Britain.

Now can there be any liberty, where property is taken away without consent? Can it with any colour of truth, justice or equity, be affirmed, that the northern colonies are represented in parliament? Has this whole continent of near three thousand miles in length, and in which and his other American dominions, his Majesty has, or very soon will have, some millions of as good, loyal and useful subjects, white and black, as any in the three kingdoms, the election of one member of the house of commons?

Is there the least difference, as to the consent of the Colonists, whether taxes and impositions are laid on their trade, and other property, by the crown alone, or by the parliament? As it is agreed on all hands, the Crown alone cannot impost them. We should be justifiable in refusing to pay them, but must and ought to yield obedience to an act of parliament, tho’ erroneous, ’till repealed.

I can see no reason to doubt, but that the imposition of taxes, whether on trade, or on land, or houses, or ships, on real or personal, fixed or floating property, in the colonies, is absolutely irreconcileable with the rights of the Colonists, as British subjects, and as men. I say men, for in a state of nature, no man can take my property from me, without my consent: If he does, he deprives me of my liberty, and makes me a slave. If such a proceeding is a breach of the law of nature, no law of society can make it just—The very act of taxing, exercised over those who are not represented, appears to me to be depriving them of one of their most essential rights, as freemen; and if continued, seems to be in effect an entire disfranchisement of every civil right. For what one civil right is worth a rush, after a man’s property is subject to be taken from him at pleasure, without his consent? If a man is not his own assessor in person, or by deputy, his liberty is gone, or lays intirely at the mercy of others.

I think I have heard it said, that when the Dutch are asked why they enslave their colonies, their answer is, that the liberty of Dutchmen is confined to Holland; and that it was never intended for Provincials in America, or anywhere else. A sentiment this, very worthy of modern Dutchmen; but if their brave and worthy ancestors had entertained such narrow ideas of liberty, seven poor and distressed provinces would never have asserted their rights against the whole Spanish monarchy, of which the present is but a shadow. It is to be hoped, none of our fellow subjects of Britain, great or small, have borrowed this Dutch maxim of plantation politics; if they have, they had better return it from whence it came; indeed they had. Modern Dutch or French maxims of state, never will suit with a British constitution. It is a maxim, that the King can do no wrong; and every good subject is bound to believe his King is not inclined to do any. We are blessed with a prince who has given abundant demonstrations, that in all his actions, he studies the good of his people, and the true glory of his crown, which are inseparable. It would therefore, be the highest degree of impudence and disloyalty to imagine that the King, at the head of his parliament, could have any, but the most pure and perfect intentions of justice, goodness and truth, that human nature is capable of. All this I say and believe of the King and parliament, in all their acts; even in that which so nearly affects the interest of the colonists; and that a most perfect and ready obedience is to be yielded to it, while it remains in force. I will go further, and readily admit, that the intention of the ministry was not only to promote the public good, by this act; but that Edition: current; Page: [123] Mr. Chancellor of the Exchequer had therein a particular view to the “ease, the quiet, and the good will of the Colonies,” he having made this declaration more than once. Yet I hold that ’tis possible he may have erred in his kind intentions towards the Colonies, and taken away our fish and given us a stone. With regard to the parliament, as infallability belongs not to mortals, ’tis possible they may have been misinformed and deceived. The power of parliament is uncontroulable, but by themselves, and we must obey. They only can repeal their own acts. There would be an end of all government, if one or a number of subjects or subordinate provinces should take upon them so far to judge of the justice of an act of parliament, as to refuse obedience to it. If there was nothing else to restrain such a step, prudence ought to do it, for forceably resisting the parliament and the King’s laws, is high treason. Therefore let the parliament lay what burthens they please on us, we must, it is our duty to submit and patiently bear them, till they will be pleased to relieve us. And tis to be presumed, the wisdom and justice of that august assembly, always will afford us relief by repealing such acts, as through mistake, or other human infirmities, have been suffered to pass, if they can be convinced that their proceedings are not constitutional, or not for the common good.

The parliament may be deceived, they may have been misinformed of facts, and the colonies may in many respects be misrepresented to the King, his parliament, and his ministry. In some instances, I am well assured the colonies have been very strangely misrepresented in England. I have now before me a pamphlet, called the “administration of the colonies,” said to be written by a gentleman who formerly commanded in chief in one of them. I suppose this book was designed for public information and use. There are in it many good regulations proposed, which no power can enforce but the parliament. From all which I infer, that if our hands are tied by the passing of an act of parliament, our mouths are not stoped, provided we speak of that transcendent body with decency, as I have endeavoured always to do; and should any thing have escaped me, or hereafter fall from my pen, that bears the least aspect but that of obedience, duty and loyalty to the King & parliament, and the highest respect for the ministry, the candid will impute it to the agony of my heart, rather than to the pravity of my will. If I have one ambitious wish, ’tis to see Great-Britain at the head of the world, and to see my King, under God, the father of mankind. I pretend neither to the spirit of prophecy, nor any uncommon skill in predicting a Crisis, much less to tell when it begins to be “nascent” or is fairly midwiv’d into the world. But if I were to fix a meaning to the two first paragraphs of the administrations of the colonies, tho’ I do not collect it from them, I should say the world was at the eve of the highest scene of earthly power and grandeur that has been ever yet displayed to the view of mankind. The cards are shuffling fast thro’ all Europe. Who will win the prize is with God. This however I know detur digniori. The next universal monarchy will be favourable to the human race, for it must be founded on the principles of equity, moderation and justice. No country has been more distinguished for these principles than Great-Britain, since the revolution. I take it, every subject has a right to give his sentiments to the public, of the utility or inutility of any act whatsoever, even after it is passed, as well as while it is pending.—The equity and justice of a bill may be questioned, with per-fect submission to the legislature. Reasons may be given, why an act ought to be repeal’d, & yet obedience must be yielded to it till that repeal takes place. If the reasons that can be given against an act, are such as plainly demonstrate that it is against natural equity, the executive courts will adjudge such acts void. It may be questioned by some, tho’ I make no doubt of it, whether they are not obliged by their oaths to adjudge such acts void. If there is not a right of private judgement to be exercised, so far at least as to petition for a repeal, or to determine the expediency of risking a trial at law, the parliament might make itself arbitrary, which it is conceived it can not by the constitution.—I think every man has a right to examine as freely into the origin, spring and foundation of every power and measure in a commonwealth, as into a piece of curious machinery, or a remarkable phenomenon in nature; and that it ought to give no more offence to say, the parliament have erred, or are mistaken, in a matter of fact, or of right, than to say it of a private man, if it is true of both. If the assertion can be proved with regard to either, it is a kindness done them to show them the truth. With regard to the public, it is the duty of every good citizen to point out what he thinks erroneous in the commonwealth.

I have waited years in hopes to see some one friend of the colonies pleading in publick for them. I have waited in vain. One priviledge is taken away after another, and where we shall be landed, God knows, and I trust will protect and provide for us even should we be driven and persecuted Edition: current; Page: [124] into a more western wilderness, on the score of liberty, civil and religious, as many of our ancestors were, to these once inhospitable shores of America. I had formed great expectations from a gentleman, who published his first volume in quarto on the rights of the colonies two years since; but, as he foresaw, the state of his health and affairs have prevented his further progress. The misfortune is, gentlemen in America, the best qualified in every respect to state the rights of the colonists, have reasons that prevent them from engaging: Some of them have good ones. There are many infinitely better able to serve this cause than I pretend to be; but from indolence, from timidity, or by necessary engagements, they are prevented. There has been a most profound, and I think shameful silence, till it seems almost too late to assert our indisputable rights as men and as citizens. What must posterity think of us. The trade of the whole continent taxed by parliament, stamps and other internal duties and taxes as they are called, talked of, and not one petition to the King and Parliament for relief.

I cannot but observe here, that if the parliament have an equitable right to tax our trade, ’tis indisputable that they have as good an one to tax the lands, and every thing else. The taxing trade furnishes one reason why the other should be taxed, or else the burdens of the province will be unequally born, upon a supposition that a tax on trade is not a tax on the whole. But take it either way, there is no foundation for the distinction some make in England, between an internal and an external tax on the colonies. By the first is meant a tax on trade, by the latter a tax on land, and the things on it. A tax on trade is either a tax of every man in the province, or ’tis not. If ’tis not a tax on the whole, ’tis unequal and unjust, that a heavy burden should be laid on the trade of the colonies, to maintain an army of soldiers, custom-house officers, and fleets of guard-ships; all which, the incomes of both trade and land would not furnish means to support so lately as the last war, when all was at stake, and the colonies were reimbursed in part by parliament. How can it be supposed that all of a sudden the trade of the colonies alone can bear all this terrible burden. The late acquisitions in America, as glorious as they have been, and as beneficial as they are to Great-Britain, are only a security to these colonies against the ravages of the French and Indians. Our trade upon the whole is not, I believe, benefited by them one groat. All the time the French Islands were in our hands, the fine sugars, &c. were all shipped home. None as I have been informed were allowed to be bro’t to the colonies. They were too delicious a morsel for a North American palate. If it be said that a tax on the trade of the colonies is an equal and just tax on the whole of the inhabitants: What then becomes of the notable distinction between external and internal taxes? Why may not the parliament lay stamps, land taxes, establish tythes to the church of England, and so indefinitely. I know of no bounds. I do not mention the tythes out of any disrespect to the church of England, which I esteem by far the best national church, and to have had as ornaments of it many of the greatest and best men in the world. But to those colonies who in general dissent from a principle of conscience, it would seem a little hard to pay towards the support of a worship, whose modes they cannot conform to.

If an army must be kept in America, at the expence of the colonies, it would not seem quite so hard if after the parliament had determined the sum to be raised, and apportioned it, to have allowed each colony to assess its quota, and raise it as easily to themselves as might be. But to have the whole levied and collected without our consent is extraordinary. ’Tis allowed even to tributaries, and those laid under military contribution, to assess and collect the sums demanded. The case of the provinces is certainly likely to be the hardest that can be instanced in story. Will it not equal any thing but down right military execution? Was there ever a tribute imposed even on the conquered? A fleet, an army of soldiers, and another of taxgatherers kept up, and not a single office either for securing or collecting the duty in the gift of the tributary state.

I am aware it will be objected, that the parliament of England, and of Great Britain, since the union, have from early days to this time, made acts to bind if not to tax Ireland: I answer, Ireland is a conquered country. I do not, however, lay so much stress on this; for it is my opinion, that a conquered country has, upon submission and good behaviour, the same right to be free, under a conqueror, as the rest of his subjects. But the old notion of the right of conquest, has been, in most nations, the cause of many severities and heinous breaches of the law of nature: If any such have taken place with regard to Ireland, they should form no precedent for the colonies. The subordination and dependency of Ireland to Great Britain, is expresly declared Edition: current; Page: [125] by act of parliament, in the reign of G. 1st. The subordination of the Colonies to Great Britain, never was doubted, by a Lawyer, if at all; unless perhaps by the author of the administration of the colonies: He indeed seems to make a moot point of it, whether the colony legislative power is as independent “as the legislative Great Britain holds by its constitution, and under the great charter.” —The people hold under the great charter, as ’tis vulgarly expressed from our law-books: But that the King and parliament should be said to hold under Magna Charta, is as new to me, as it is to question whether the colonies are subordinate to Great Britain. The provincial legislative is unquestionably subordinate to that of Great Britain. I shall endeavour more fully to explain the nature of that subordination, which has puzzled so many in their enquiries. It is often very difficult for great lovers of power and great lovers of liberty, neither of whom may have been used to the study of law, in any of its branches, to see the difference between subordination, absolute slavery and subjection, on one side; and liberty, independence and licenciousness, on the other. We should endeavour to find the middle road, and confine ourselves to it. The laws, the proceedings of parliament, and the decisions of the judges, relating to Ireland, will reflect light on this subject, rendered intricate only by art.

“Ireland being of itself a distinct dominion, and no part of the kingdom of England (as directly appeareth by many authorities in Calvin’s case) was to have Parliaments holden there as in England.” 4 Inst. 349.

Why should not the colonies have, why are they not entitled to their assemblies, or parliaments, at least, as well as a conquered dominion?

“Wales, after the conquest of it, by Edward, the first, was annexed to England, jure proprietatis, 12 Ed. 1. by the statute of Rutland only, and after, more really by 27 H. 8. and 34, but at first received laws from England, as Ireland did; but writs proceeded not out of the English chancery, but they had a Chancery of their own, as Ireland hath; was not bound by the laws of England, unnamed until 27 H. 8. no more than Ireland is.

Ireland in nothing differs from it, but having a parliament gratia Regis (i.e. upon the old notion of conquest) subject (truly however) to the parliament of England. None doubts Ireland as much conquered as it; and as much subject to the parliament of England, if it please.”

Vaughan. 300.

A very strong argument arises from this authority, in favour of the unconquered plantations. If since Wales was annexed to England, they have had a representation in parliament, as they have to this day; and if the parliament of England does not tax Ireland, can it be right they should tax us, who have never been conquered, but came from England to colonize, and have always remained good subjects to this day?

I cannot find any instance of a tax laid by the English parliament on Ireland. “Sometimes the King of England called his Nobles of Ireland, to come to his parliament of England, &c. and by special words, the parliament of England may bind the subjects of Ireland”—3 Inst. 350—.

The following makes it clear to me, the parliament of Great Britain do not tax Ireland, “The parliament of Ireland having been prorogued to the month of August next, before they had provided for the maintenance of the government in that kingdom, a project was set on foot here to supply that defect, by retrenching the drawbacks upon goods exported thither from England. According to this scheme, the 22d, the house in a grand committee, considered the present laws with respect to drawbacks upon tobaccoes, muslins, and East India silks, carried to Ireland; and came to two resolutions, which were reported the next day, and with an amendment to one of them agreed to by the house, as follows, Viz. 1. That three pence pr pound, part of the drawback on tobacco to be exported from Great Britain for Ireland, be taken off.

2. That the said diminution of the drawback do take effect upon all tobacco exported for Ireland, after the 24 of March 1713, and continue until the additional duty of three pence half penny per pound upon tobacco in Ireland, expiring on the said 24th of March, be regranted: And ordered a bill to be brought in, upon the said resolutions.”

Proceedings of House of Commons, Vol. 5. 72.

This was constitutional; there is an infinite difference between taking off British drawbacks, and imposing Irish or other Provincial duties.

“Ireland is considered as a provincial government, subordinate to, but no part of the Realm of England,” Mich. 11. G. 2. in case of Otway and Ramsay—“Acts of parliament made here, (i.e. in England) extend not to Ireland, unless particularly named; much less judgments obtained in the courts here; nor is it possible they should, because we have no officers to carry them into execution there.” ib.

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The first part seems to be applicable to the plantations in general, the latter is not; for by reason of charter reservations and particular acts of parliament, some judgments in England may be executed here, as final judgments, before his Majesty in council on a plantation appeal, and so from the admiralty.

It seems to have been disputed in Ireland, so lately as the 6 Geo. 1. Whether any act of the British parliament bound Ireland; or at least it was apprehended, that the undoubted right of the British parliament to bind Ireland, was in danger of being shaken: This, I presume, occasioned the act of that year, which declares, that “the kingdom of Ireland ought to be subordinate unto and dependent upon the Imperial Crown of Great Britain, as being inseparably united thereto. And the King’s Majesty, with the consent of the lords and commons of Great Britain in parliament, hath power to make laws to bind the people of Ireland.”—This parliamentary power must have some bounds, even as to Ireland, as well as the colonies who are admitted to be subordinate ab initio to Great Britain; not as conquered, but as emigrant subjects. If this act should be said to be a declaration not only of the general, but of the universal power of parliament, and that they may tax Ireland, I ask, Why it has never been done? If it had been done a thousand times, it would be a contradiction to the principles of a free government; and what is worse, destroy all subordination consistent with freedom, and reduce the people to slavery.

To say the parliament is absolute and arbitrary, is a contradiction. The parliament cannot make 2 and 2, 5; Omnipotency cannot do it. The supreme power in a state, is jus dicere only;—jus dare, strictly speaking, belongs alone to God. Parliaments are in all cases to declare what is parliament that makes it so: There must be in every instance, a higher authority, viz. GOD. Should an act of parliament be against any of his natural laws, which are immutably true, their declaration would be contrary to eternal truth, equity and justice, and consequently void: and so it would be adjudged by the parliament itself, when convinced of their mistake. Upon this great principle, parliaments repeal such acts, as soon as they find they have been mistaken, in having declared them to be for the public good, when in fact they were not so. When such mistake is evident and palpable, as in the instances in the appendix, the judges of the executive courts have declared the act “of a whole parliament void.” See here the grandeur of the British constitution! See the wisdom of our ancestors! The supreme legislative, and the supreme executive, are a perpetual check and balance to each other. If the supreme executive errs, it is informed by the supreme legislative in parliament: If the supreme legislative errs, it is informed by the supreme executive in the King’s courts of law. —Here, the King appears, as represented by his judges, in the highest lustre and majesty, as supreme executor of the commonwealth; and he never shines brighter, but on his Throne, at the head of the supreme legislative. This is government! This, is a constitution! to preserve which, either from foreign or domestic foes, has cost oceans of blood and treasure in every age; and the blood and the treasure have upon the whole been well spent. British America, hath been bleeding in this cause from its settlement: We have spent all we could raise, and more; for notwithstanding the parliamentary reimbursement of part, we still remain much in debt. The province of the Massachusetts, I believe, has expended more men and money in war since the year 1620, when a few families first landed at Plymouth, in proportion to their ability, than the three Kingdoms together. The same, I believe, may be truly affirmed, of many of the other colonies; tho’ the Massachusetts has undoubtedly had the heaviest burthen. This may be thought incredible: but materials are collecting; and tho’ some are lost, enough may remain, to demonstrate it to the world. I have reason to hope at least, that the public will soon see such proofs exhibited, as will show, that I do not speak quite at random.

Why then is it thought so heinous by the author of the administration of the colonies, and others, that the colonists should aspire after “a one whole legislative power” not independent of, but subordinate to the laws and parliament of Great-Britain? . . . It is a mistake in this author, to bring so heavy a charge as high treason against some of the colonists, which he does in effect in this place, * by representing them as “claiming in fact or indeed, the same full free independent unrestrained power and legislative will, in their several corporations, and under the King’s commission, and their respective charters, as the government and legislature of Great-Britain holds by its constitution and under the great charter.” No such claim was ever tho’t of by any of the colonists. They are all better men and better subjects; and many of them too well versed in the laws of nature and nations, and the law and constitution of Great-Britain, to think they have a right to more than a provincial Edition: current; Page: [127] subordinate legislative. All power is of GOD. Next and only subordinate to him, in the present state of the well-formed, beautifully constructed British monarchy, standing where I hope it ever will stand, for the pillars are fixed in judgment, righteousness and truth, is the King and Parliament. Under these, it seems easy to conceive subordinate powers in gradation, till we descend to the legislative of a town council, or even a private social club. These have each “a one whole legislative” subordinate, which, when it don’t conteract the laws of any of its superiors, is to be indulged. Even when the laws of subordination are transgressed, the superior does not destroy the subordinate, but will negative its acts, as it may in all cases when disapproved. This right of negative is essential, and may be inforced: But in no case are the essential rights of the subjects, inhabiting the subordinate dominions, to be destroyed. This would put it in the power of the superior to reduce the inferior to a state of slavery; which cannot be rightfully done, even with conquered enemies and rebels. After satisfaction and security is obtained of the former, and examples are made of so many of the latter, as the ends of government require, the rest are to be restored to all the essential rights of men and of citizens. This is the great law of nature: and agreeable to this law, is the constant practice of all good and mild governments. This lenity and humanity has no where been carried further than in Great Britain. The Colonies have been so remarkable for loyalty, that there never has been any instance of rebellion or treason in them. This loyalty is in very handsome terms acknowledged by the author of the administration of the colonies. “It has been often suggested that care should be taken in the administration of the plantations, lest, in some future time, these colonies should become independent of the mother country. But perhaps it may be proper on this occasion, and, it is justice to say it, that if, by becoming independent, is meant a revolt, nothing is further from their nature, their interest, their thoughts. If a defection from the alliance of the mother country be suggested, it ought to be, and can be truly said, that their spirit abhors the sense of such; their attachment to the protestant succession in the house of Hanover, will ever stand unshaken; and nothing can eradicate from their hearts their natural and almost mechanical, affection to Great Britain, which they conceive under no other sense nor call by any other name than that of home. Any such suggestion, therefore, is a false and unjust aspersion on their principles and affections; and can arise from nothing but an intire ignorance of their circumstances.” * After all this loyalty, it is a little hard to be charged with claiming, and represented as aspiring after, independency. The inconsistency of this I leave. We have said that the loyalty of the colonies has never been suspected; this must be restricted to a just suspicion. For it seems there have long been groundless suspicions of us in the minds of individuals. And there have always been those who have endeavoured to magnify these chimerical fears. I find Mr. Dummer complaining of this many years since.

“There is, says he, one thing more I have heard often urged against the charter colonies, and indeed tis what one meets with from people of all conditions and qualities, tho’ with due respect to their better judgments, I can see neither reason nor colour for it. ’Tis said that their increasing numbers and wealth, joined to their great distance from Britain, will give them an opportunity, in the course of some years, to throw off their dependence on the nation, and declare themselves a free state, if not curb’d in time, by being made entirely subject to the crown.”

This jealousy has been so long talked of, that many seems to believe it really well grounded. Not that there is danger of a “revolt,” even in the opinion of the author of the administration, but that the colonists will by fraud or force avail themselves, in “fact or in deed,” of an independent legislature. This, I think, would be a revolting with a vengeance. What higher revolt can there be, than for a province to assume the right of an independent legislative, or state? I must therefore think this a greater aspersion on the Colonists, than to charge them with a design to revolt, in the sense in which the Gentleman allows they have been abused: It is a more artful and dangerous way of attacking our liberties, than to charge us with being in open rebellion. That could be confuted instantly: but this seeming indirect way of charging the colonies, with a desire of throwing off their dependency, requires more pains to confute it than the other, therefore it has been recurred to. The truth is, Gentlemen have had departments in America, the functions of which they have not been fortunate in executing. The people have by these means been rendered uneasy, at bad Provincial measures. They have been represented as factious, seditious, and inclined to democracy whenever they have refused passive obedience to provincial mandates, Edition: current; Page: [128] as arbitrary as those of a Turkish Bashaw: I say, Provincial mandates; for to the King and Parliament they have been ever submissive and obedient.

These representations of us, many of the good people of England swallow with as much ease, as they would a bottle-bubble, or any other story of a cock and a bull; and the worst of it is, among some of the most credulous, have been found Stars and Garters. However, they may all rest assured, the Colonists, who do not pretend to understand themselves so well as the people of England; tho’ the author of the Administration makes them the fine compliment, to say, they “know their business much better,” yet, will never think of independency. Were they inclined to it, they know the blood and the treasure it would cost, if ever effected; and when done, it would be a thousand to one if their liberties did not fall a sacrifice to the victor.

We all think ourselves happy under Great-Britain. We love, esteem and reverence our mother country, and adore our King. And could the choice of independency be offered the colonies, or subjection to Great-Britain upon any terms above absolute slavery, I am convinced they would accept the latter. The ministry, in all future generations may rely on it, that British America will never prove undutiful, till driven to it, as the last fatal resort against ministerial oppression, which will make the wisest mad, and the weakest strong.

These colonies are and always have been, “entirely subject to the crown,” in the legal sense of the terms. But if any politician of “ *tampering activity, of wrongheaded inexperience, misted to be meddling,” means, by “curbing the colonies in time,” and by “being made entirely subject to the crown;” that this subjection should be absolute, and confined to the crown, he had better have suppressed his wishes. This never will nor can be done, without making the colonists vassals of the crown. Subjects they are; their lands they hold of the crown, by common soccage, the freest feudal tennure, by which any hold their lands in England, or any where else. Would these gentlemen carry us back to the state of the Goths and Vandals, and revive all the military tenures and bondage which our fore-fathers could not bear? It may be worth nothing here, that few if any instances can be given, where colonies have been disposed to forsake or disobey a tender mother: But history is full of examples, that armies, stationed as guards over provinces, have seized the prey for their general, and given him a crown at the expence of his master. Are all ambitious generals dead? Will no more rise up hereafter? The danger of a standing army in remote provinces is much greater to the metropolis, than at home. Rome found the truth of this assertion, in her Sylla’s, her Pompey’s and Caesars; but she found it too late: Eighteen hundred years have roll’d away since her ruin. A continuation of the same liberties that have been enjoyed by the colonists since the revolution, and the same moderation of government exercised towards them, will bind them in perpetual lawful and willing subjection, obedience and love to Great-Britain: She and her colonies will both prosper and flourish: The monarchy will remain in sound health and full vigor at that blessed period, when the proud arbitrary tyrants of the continent shall either unite in the deliverance of the human race, or resign their crowns. Rescued, human nature must and will be, from the general slavery that has so long triumphed over the species. Great-Britain has done much towards it: What a Glory will it be for her to complete the work throughout the world!

The author of the Administration (page 54) “describes” the defects of the “provincial courts,” by a “very description,” the first trait of which is, “The ignorance of the judges.” Whether the description, or the description of the description, are verily true, either as applied by Lord Hale, or the Administrator, is left to the reader. I only ask, who makes the judges in the provinces? I know of but two colonies, viz. Connecticut and Rhode-Island, where they are chosen by the people. In all other colonies, they are either immediately appointed by the crown, or by his Majesty’s governor, with the advice of what the Administrator calls, the “governor’s council of state.” And if they are in general such ignorant creatures, as the Administrator describes them, ’tis the misfortune, not the fault, of the people, in the colonies. However, I believe, justice in general, is as well administered in the colonies, as it will be when every thing is devolved upon a court of admiralty, general or provincial. The following is very remarkable. “In those popular governments, and where every executive officer is under a dependence for a temporary, wretched, and I had almost said arbitrary support, on the deputies of the people.”

Why is the temporary support found fault with? Would it be wise to give a governor a salary for a longer time than Edition: current; Page: [129] his political life? As this is quite as uncertain as his natural life, it has been granted annually. So every governor has the chance of one year’s salary after he is dead. All the King’s officers, are not even in the charter provinces “dependent on the people” for support. The judges of the admiralty, those mirrors of justice, to be trusted, when none of the common law courts are, have all their commissions from home. These, besides other fees, have so much per cent on all they condemn, be it right or wrong, and this by act of parliament. Yet so great is their integrity, that it never was suspected that 50 per cent, if allowed, would have any influence on their decrees.

Custom-house officers universally, and Naval-officers, in all but two or three of the colonies, are, I believe, appointed directly from home, or by instruction to the Governor: and take just what they please, for any restraint they are under by the provincial acts. But on whom should a Governor depend for his honorable support, but the people? Is not the King fed from the field, and from the labor of his people? Does not his Majesty himself receive his aids from the free grant of his parliament? Do not all these originate in the house of commons? Did the house of Lords ever originate a grant? Do not our law books inform us that the Lords only assent or dissent, but never so much as propose an amendment, on a money bill? The King can take no more than the Parliament will give him, and yet some of his Governors have tho’t it an insufferable hardship, that they could not take what they pleased. To take leave of the administrator, there are in his book some good hints, but a multiplicity of mistakes in fact, and errors in matters of right, which I have not time to mention particularly.

Ireland is a conquered kingdom; and yet have tho’t they received very hard measure in some of the prohibitions and restrictions of their trade. But were the colonies ever conquered? Have they not been subjects and obedient, and loyal from their settlement? Were not the settlements made under the British laws and constitution? But if the colonies were all to be considered as conquered, they are entitled to the essential rights of men and citizens. And therefore admitting the right of prohibition, in its utmost extent and latitude; a right of taxation can never be infer’d from that. It may be for the good of the whole, that a certain commodity should be prohibited: But this power should be exercised, with great moderation and impartiality, over dominions, which are not represented, in the national parliament. I had however rather see this carried with a high hand, to the utmost rigor, than have a tax of one shilling taken from me without my consent. A people may be very happy; free and easy among themselves, without a particular branch of foreign trade: I am sure these colonies have the natural means of every manufacture in Europe, and some that are out of their power to make or produce. It will scarcely be believed a hundred years hence, that the American manufactures could have been brought to such perfection, as they will then probably be in, if the present measures are pushed. One single act of parliament, we find has set people a thinking, in six months, more than they had done in their whole lives before. It should be remembered, that the most famous and flourishing manufactures, of wool, in France, were begun by Lewis 14, not an hundred years ago; and they now bid fair to rival the English, in every port abroad. All the manufactures that Great-Britain could make, would be consumed in America, and in her own plantations, if put on a right footing; for which a greater profit in return would be made, than she will ever see again for woollen sent to any part of Europe.

But tho’ it be allow’d, that liberty may be enjoy’d in a comfortable measure, where prohibitions are laid on the trade of a kingdom or province; yet if taxes are laid on either, without consent, they cannot be said to be free. This barrier of liberty being once broken down, all is lost. If a shilling in the pound may be taken from me against my will, why may not twenty shillings; and if so, why not my liberty or my life? Merchants were always particularly favor’d by the common law—“All merchants, except enemies, may safely come into England, with their goods and merchandize”—2 Inst. 28.—And why not as well to the plantations? Are they not entitled to all the British privileges? No. they must be confined in their imports and exports to the good of the metropolis. Very well, we have submitted to this. The act of navigation is a good act, so are all that exclude foreign manufactures from the plantations, and every honest man will readily subscribe to them. Moreover, “Merchant strangers, are also to come into the realm and depart at pleasure; and they are to be friendly entertained.” 2 Ri. C. 1. But to promote the manufactures of England, ’tis tho’t best to shut up the colonies in a manner from all the world. Right as to Europe: But for God’s sake, must we have no trade with other colonies? In some cases the trade betwen British colony and colony is prohibited, as in wool, &c. Granting all this to be right, is it not enough? No. duties and taxes must be paid without any Edition: current; Page: [130] consent or representation in parliament. The common law, that inestimable privilege of a jury, is also taken away in all trials in the colonies, relating to the revenue, if the informers have a mind to go the admiralty; as they ever have done, and ever will do, for very obvious reasons. “It has ever been boasted, says Mr. Dummer in his defence of the charters, as the peculiar privilege of an Englishman, and the security of his property, to be tryed by his country, and the laws of the land: Whereas this admiralty method deprives him of both, as it puts his estate in the disposal of a single person, and makes the civil law the rule of judgment; which tho’ it may not properly be called foreign being the law of nations, yet ’tis what he has not consented to himself, nor his representative for him. A jurisdiction therefore so founded, ought not to extend beyond what necessity requires”—“If some bounds are not set to the jurisdiction of the admiralty, beyond which it shall not pass, it may in time, like the element to which it ought to be confin’d, grow outrageous, and overflow the banks of all the other courts of justice.” I believe it has never been doubted by one sound, common lawyer of England, whether a court of admiralty ever answer’d many good ends; “the court of King’s bench has a power to restrain the court of admiralty in England; and the reasons for such restraining power are as strong in New England as in Great-Britain,” and in some respects more so; Yet Mr. Dummer mentions, a clamour that was raised at home by a judge of the admiralty for New England, who complain’d “that the common law courts by granting prohibitions, weaken, and in a manner suppress the authority of this court, and all the good ends for which it was constituted.” Thus we see, that the court of admiralty long ago discover’d, no very friendly disposition towards the common law courts here; and the records of the house of Representatives afford us a notable instance of one, who was expelled the house, of which he had been an unworthy member, for the abusive misrepresentations of the province, by him secretly made.

Trade and traffick, says Lord Coke, “is the livelihood of a merchant, the life of the commonwealth, wherein the King and every subject hath interest; for the merchant is the good Bailiff of the realm, to export and vent the native commodities of the realm, and to import and bring in, the necessary commodities for the defence and benefit of the Realm—2 Inst. 28. reading on Magna Charta. C. 15—And are not the merchants of British America entitled to a livelihood also? Are they not British subjects? Are not an infinity of commodities carried from hence for the benefit of the realm, for which in return come an infinity of trifles, which we could do without? Manufactures we must go into if our trade is cut off; our country is too cold to go naked in, and we shall soon be unable to make returns to England even for necessaries.

“When any law or custom of parliament is broken, and the crown possessed of a precedent, how difficult a thing is it to restore the subject again to his former freedom and safety?” 2. Inst. on the confirmation of the great charter—which provides in these words: “And for so much as divers people of our realm, are in fear, that the aids and talks which they have given to us before time, towards our wars, and other business of their own grant and good will (howsoever they were made) might turn to a bondage to them and their heirs, because they might be at another time found in the rolls, and likewise for the prices taken throughout the realm by our ministers; We have granted for us and our heirs, that we shall not draw such aids, talks nor prices into a custom, for any thing that hath been done heretofore, be it by roll, or any other precedent that may be founden.”

By the first chapter of this act, the great charter is declared to be the common law. I would ask, whether we have not reason to fear, that the great aids, freely given by these provinces in the late war, will in like manner turn to our bondage, if they are to be kept on and increased during a peace, for the maintenance of a standing army here?—If tis said those aids were given for our own immediate defence, and that England spent millions in the same cause; I answer: The names of his present Majesty, and his royal Grand-father, will be ever dear to every loyal British American, for the protection they afforded us, and the salvation, under God, effected by their arms; but with regard to our fellow-subjects of Britain, we never were a whit behind hand with them. The New England Colonies in particular, were not only settled without the least expence to the mother country, but they have all along defended themselves against the frequent incursions of the most inhuman Salvages, perhaps on the face of the whole earth, at their own cost: Those more than brutal men, spirited and directed by the most inveterate, as well as most powerful enemy of Great Britain, have been constantly annoying our infant settlements for more than a century; spreading terror and desolation and sometimes depopulating whole villages in a night: yet amidst the fatigues of labor, and the horrors of Edition: current; Page: [131] war and bloodshed, Heaven vouchsaf’d its smiles. Behold, an extensive territory, settled, defended, and secured to his Majesty, I repeat it, without the least expence to the mother country, till within twenty years past! —When Louisbourg was reduced to his late Majesty, by the valor of his New-England subjects, the parliament, it must be own’d, saw meet to refund part of the charges: And every one knows the importance of Louisbourg, in the consultations of Aix la Chapple; but for the loss of our young men, the riches and strength of a country, not indeed slain by the enemy, but overborn by the uncommon hardships of the siege, and their confinement in garrison afterwards, there could be no recompence made.—In the late war, the northern colonies not only rais’d their full quota of men, but they went even beyond their ability: they are still deeply in debt, notwithstanding the parliamentary grants, annually made them, in part of their expences, in the common, national, cause: Had it not been for those grants, they had all been bankrupt long ago; while the sugar colonies, have born little or no share in it: They indeed sent a company or two of Negroes and Molattoes, if this be worth mentioning, to the sieges of Gaudaloupe, Martineco and the Havanna: I do not recollect any thing else that they have done; while the flower of our youth were annually pressed by ten thousands into the service, and there treated but little better, as we have been told, than hewers of wood and drawers of water. Provincial acts for impressing were obtained, only by letters of requisition from a secretary of state to a Governor; requiring him to use his influence to raise men; and sometimes, more than were asked for or wanted, were pressed, to give a figure to the Governor, and shew his influence; a remarkable instance of which might be mentioned. I would further observe, that Great-Britain was as immediately interested in the late war in America, as the colonies were. Was she not threatned with an invasion at the same time we were? Has she not an immense trade to the colonies? The British writers say, more than half her profitable trade is to America: All the profits of our trade center there, and is little enough to pay for the goods we import. A prodigious revenue arises to the Crown on American exports to Great-Britain, which in general is not murmured at: No manufacture of Europe besides British, can be lawfully bro’t here; and no honest man desires they ever should, if the laws were put in execution upon all. With regard to a few Dutch imports that have made such a noise, the truth is, very little has been or could be run, before the apparatus of guardships; for the officers of some ports did their duty, while others may have made a monopoly of smuggling, for a few of their friends, who probably paid them large contributions; for it has been observed, that a very small office in the customs in America has raised a man a fortune sooner than a Government. The truth is, the acts of trade have been too often evaded; but by whom? Not by the American merchants in general, but by some former custom-house officers, their friends and partizans. I name no man, not being about to turn informer: But it has been a notorious grievance, that when the King himself cannot dispense with an act of parliament, there have been custom-house officers who have practiced it for years together, in favor of those towards whom they were graciously disposed. But to return to the subject of taxation: I find that

“the lords and commons cannot be charged with anything for the defence of the realm, for the safe-guard of the sea, &c. unless by their will in parliament.”

Ld. Coke, on Magna Charta, Cap. 30.

“Impositions neither in time of war, or other the greatest necessity or occasion, that may be, much less in the time of peace, neither upon foreign or inland commodities, of what nature soever, be they never so superfluous or unnecessary, neither upon merchants, strangers, nor denizens, may be laid by the King’s absolute power, without assent of parliament, be it never for so short a time.”

Viner Prerogative of the King.

Ea. 1. cites 2 Molloy. 320. Cap. 12 sec. 1.

“In the reign of Edward 3, the black Prince of Wales having Aquitain granted to him, did lay an imposition of suage or socage a soco, upon his subjects of that dukedom, viz. a shilling for every fire, called hearth silver, which was of so great discontentment and odious to them, that it made them revolt. And nothing since this time has been imposed by pretext of any prerogative, upon merchandizes, imported into or exported out of this realm, until Queen Mary’s time.”2 Inst. 61.

Nor has any thing of that kind taken place since the revolution. King Charles 1. his ship-money every one has heard of.

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It may be said that these authorities will not serve the colonists, because the duties laid on them are by parliament. I acknowledge the difference of fact; but cannot see the great difference in equity, while the colonists are not represented in the house of commons: And therefore with all humble deference I apprehend, that ’till the colonists are so represented, the spirit of all these authorities will argue strongly in their favour. When the parliament shall think fit to allow the colonists a representation in the house of commons, the equity of their taxing the colonies, will be as clear as their power is at present of doing it without, if they please. When Mr. Dummer wrote his defence of the charters, there was a talk of taking them away, by act of parliament. This defence is dedicated to the right honourable the Ld. Carteret, then one of this Majesty’s principal secretaries of state, since Earl of Granville. His third proposition is, that “it is not for the interest of the crown to resume the charters, if forfeited.” This he proves; as also that it would be more for the interest of Great Britain to enlarge rather than diminish, the privilege of all the colonists. His last proposition is, that it “seems inconsistent with justice to disfranchise the charter colonies by an act of parliament.”

“It seems therefore, says he, a severity without a precedent, that a people, who have the misfortune of being a thousand leagues distant from their sovereign, a misfortune great enough in itself, should, unsummoned, unheard, in one day, be deprived of their valuable privileges, which they and their fathers have enjoyed for near a hundred years.” ’Tis true, as he observes, “the legislative power is absolute and unaccountable, and King, lords and commons, may do what they please; but the question here is not about power, but right” (or rather equity) “and shall not the supreme judicature of all the nation do right?” “One may say, that what the parliament cannot do justly, they cannot do at all. In maximis minima est licentia. The higher the power is, the greater caution is to be used in the execution of it; because the sufferer is helpless and without resort.” I never heard that this reasoning gave any offence. Why should it? Is it not exactly agreable to the decisions of parliament and the determinations of the highest executive courts? But if it was thought hard that charter privileges should be taken away by act of parliament, is it not much harder to be in part, or in whole, disfranchised of rights, that have been always tho’t inherent to a British subject, namely, to be free from all taxes, but what he consents to in person, or by his representative? This right, if it could be traced no higher than Magna Charta, is part of the common law, part of a British subjects birthright, and as inherent and perpetual, as the duty of allegiance; both which have been bro’t to these colonies, and have been hitherto held sacred and inviolable, and I hope and trust ever will. ’Tis humbly conceived, that the British colonists (except only the conquered, if any) are, by Magna Charta, as well entitled to have a voice in their taxes, as the subjects within the realm. Are we not as really deprived of that right, by the parliament assessing us before we are represented in the house of commons, as if the King should do it by his prerogative? Can it be said with any colour of truth or justice, that we are represented in parliament?

As to the colonists being represented by the provincial agents, I know of no power ever given them but to appear before his Majesty, and his ministry. Sometimes they have been directed to petition the parliament: But they none of them have, and I hope never will have, a power given them, by the colonists, to act as representatives, and to consent to taxes; and if they should make any concessions to the ministry, especially without order, the provinces could not by that be considered as represented in parliament.

Hibernia habet Parliamenta et faciunt leges et nostra statuta non ligant eos quia non mittant milites ad Parliamentum, sed personae eorum sunt subjecti Regis, sicut inhabitantes Calinae Gasconiae et Guienae.

12 Rep. 111. cites R. 3. 12.—

“Ireland hath parliaments, and makes laws, and our statutes do not bind them, because they send no Knights to parliament; but their persons are subjects, of the King, as the inhabitants of Guiene, Gascony, &c.”

Yet, if specially named, or by general words included as within any of the King’s dominions, Ireland, says Ld. Coke, might be bound.4 Inst. 351.

From all which, it seems plain, that the reason why Ireland and the plantations are not bound, unless named by an Act of Parliament, is, because they are not represented in the British parliament. Yet, in special cases, the British parliament has an undoubted right, as well as power, to bind both by their acts. But whether this can be extended to an indefinite taxation of both, is the greater question. I conceive the spirit of the British constitution must make an exception of all taxes, until it is tho’t fit to unite a dominion to the realm. Such taxation must be considered either as uniting the dominions to the realm, or disfranchising Edition: current; Page: [133] them. If they are united, they will be intitled to a representation, as well as Wales; if they are so taxed without a union, or representation, they are so far disfranchised.

I don’t find anything that looks like a duty on the colonies before the 25th of C. 2. c. 7. imposing a duty on enumerated commodities. The liberty of the subject was little attended to in that reign. If the nation could not fully assert their rights till the revolution, the colonies could not expect to be heard. I look on this act rather as a precedent of power, than of right and equity; if ’tis such, it will not affect my argument. The act appointing a tax on all mariners, of a certain sum per month, to be deducted out of their wages, is not to be compared with this. Mariners are not inhabitants of any part of the dominions: The sea is their element, till they are decrepit, and then the hospital is open for all mariners who are British subjects without exception. The general post-office established thro’ the dominions, is for the convenience of trade and commerce: It is not laying any burthen upon it; for besides that it is upon the whole cheaper to correspond in this way than any other, every one is at liberty to send his own letters by a friend. The act of the 6th of his late Majesty, tho’ it imposes a duty in terms, has been said to be designed for a prohibition; which is probable from the sums imposed; and ’tis pity it had not been so expressed, as there is not the least doubt of the just and equitable right of the parliament to lay prohibitions thro’ the dominions, when they think the good of the whole requires it. But as has been said, there is an infinite difference between that and the exercise of unlimited power of taxation, over the dominions, without allowing them a representation:—It is said that the duties imposed by the new act will amount to a prohibition: Time only can ascertain this. The utility of this act is so fully examined in the appendix that I shall add nothing on that head here. It may be said that the colonies ought to bear their proportion of the national burdens: ’Tis just they should, and I think I have proved they have always done it freely and chearfully, and I know no reason to doubt but that they ever will.

Sometimes we have been considered only as the corporations in England: And it may be urged that it is no harder upon us to be taxed by parliament for the general cause than for them, who besides are at the expence of their corporate subordinate government. * I answer. 1. Those corporations are represented in parliament. 2. The colonies are and have been at great expence in raising men, building forts, and supporting the King’s civil government here. Now I read of no governors and other officers of his Majesty’s nomination, that the city of London taxes its inhabitants to support; I know of no forts and garrisons that the city of London has lately built at its own expence, or of any annual levies that they have raised for the King’s service and the common cause. These are things very fitting and proper to be done by a subordinate dominion, and tis their duty to do all they are able; but it seems but equal they should be allowed to assess the charges of it themselves. The rules of equity and the principles of the constitution seem to require this. Those who judge of the reciprocal rights that subsist between a supreme and subordinate state or dominion, by no higher rules than are applied to a corporation of button-makers, will never have a very comprehensive view of them. Yet sorry am I to say it, many elaborate writers on the administration of the colonies, seem to me never to rise higher in their notions, than what might be expected from a secretary to one of the quorum. If I should be ranked among this number, I shall have this consolation, that I have fallen into what is called very good company, and among some who have seen very high life below stairs. I agree with the Administrator, that of whatever revenues raised in the colonies, if they must be raised without our consent, “the first and special appropriation of them ought to be to the paying the Governors, and all the other Crown officers;” for it would be hard for the Colonists to be obliged to pay them after this. It was on this principle that at the last assembly of this province, I moved to stop every grant to the officers of the crown; more especially as I know some who have built very much upon the fine salaries they shall receive from the plantation branch of the revenue. Nor can I think it “injustice to the frame of human nature,” to suppose, if I did not know it, that with similar views several officers of the Crown in some of the colonies have been pushing for such an act for many years. They have obtained their wish, and much good it will do them: But I would not give much for all that will center neat in the exchequer, after deducting the costs attending the execution of it, and the appropriations to the several officers proposed by the Administrator. What will be the unavoidable consequence of all this, suppose another war should happen, and it should be necessary to employ as many provincials in America as in the last? Would it be Edition: current; Page: [134] possible for the colonies, after being burthened in their trade, perhaps after it is ruined, to raise men? Is it probable that they would have spirit enough to exert themselves? If ’tis said the French will never try for America, or if they should, regular troops are only to be employed, I grant our regular troops are the best in the world, and that the experience of the present officers shews that they are capable of every species of American service; yet we should guard against the worst. If another tryal for Canada should take place, which from the known temper of France, we may judge she will bring on the first fair opportunity, it might require 30 or 40,000 regulars to secure his Majesty’s just rights. If it should be said, that other American duties must then be levied, besides the impossibility of our being able to pay them, the danger recurs of a large standing army so remote from home. Whereas a good provincial militia, with such occasional succours from the mother country, as exigencies may require, never was, and never will be attended with hazard. The experience of past times will show, that an army of 20 or 30,000 veterans, half 3000 miles from Rome, were very apt to proclaim Cesars. The first of the name, the assassin of his country owed his false glory, to stealing the affections of an army from the commonwealth. I hope these hints will not be taken amiss; they seem to occur from the nature of the subject I am upon: They are delivered in pure affection to my King and country, and amount to no reflection on any man. The best army, and the best men, we may hereafter have, may be led into temptation; all I think is, that a prevention of evil is much easier than a deliverance from it.

The sum of my argument is, That civil government is of God: That the administrators of it were originally the whole people: That they might have devolved it on whom they pleased: That this devolution is fiduciary, for the good of the whole; That by the British constitution, this devolution is on the King, lords and commons, the supreme, sacred and uncontroulable legislative power, not only in the realm, but thro’ the dominions: That by the abdication, the original compact was broken to pieces: That by the revolution, it was renewed, and more firmly established, and the rights and liberties of the subject in all parts of the dominions, more fully explained and confirmed: That in consequence of this establishment, and the acts of succession and union his Majesty GEORGE III. is rightful king and sovereign, and with his parliament, the supreme legislative of Great Britain; France and Ireland, and the dominions thereto belonging: That this constitution is the most free one, and by far the best, now existing on earth: That by this constitution, every man in the dominion is a free man: That no parts of his Majesty’s dominions can be taxed without their consent: That every part has a right to be represented in the supreme or some subordinate legislature: That the refusal of this, would seem to be a contradiction in practice to the theory of the constitution: That the colonies are subordinate dominions, and are now in such a state, as to make it best for the good of the whole, that they should not only be continued in the enjoyment of subordinate legislation, but be also represented in some proportion to their number and estates, in the grand legislature of the nation: That this would firmly unite all parts of the British empire, in the greatest peace and prosperity; and render it invulnerable and perpetual.

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The Act Repealing the Stamp Act March 18, 1766

The Declaratory Act March 18, 1766

American opposition to the Stamp Act, particularly the boycotts of taxed goods in which merchants and common colonials engaged with enthusiasm, caused a significant decline in British-colonial trade. By 1766, Parliament decided that the taxes were costing more in reduced trade than they were bringing in through taxes, and the Stamp Act was repealed. However, Parliament at the same time passed what it called the Declaratory Act, by which it declared its absolute right to legislate for the colonies as it saw fit. This statement, and Parliament’s decision to act in accordance with it, would spark the American Revolution.

The Act Repealing the Stamp Act

Whereas an act was passed in the last session of parliament, intituled, An act for granting and applying certain stamp duties, and other duties, in the British colonies and plantations in America, towards further defraying the expences of defending, protecting, and securing the same; and for amending such parts of the several acts of parliament relating to the trade and revenues of the said colonies and plantations, as direct the manner of determining and recovering the penalties and forfeitures therein mentioned: and whereas the continuance of the said act would be attended with many inconveniencies, and may be productive of consequences greatly detrimental to the commercial interests of these kingdoms; may it therefore please your most excellent Majesty, that it may be enacted; and be it enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the first day of May, one thousand seven hundred and sixty six, the above-mentioned act, and the several matters and things therein contained, shall be, and is and are hereby repealed and made void to all intents and purposes whatsoever.

The Declaratory Act

An act for the better securing the dependency of his Majesty’s dominions in America upon the crown and parliament of Great Britain.

Whereas several of the houses of representatives in his Majesty’s colonies and plantations in America, have of late, against law, claimed to themselves, or to the general assemblies of the same, the sole and exclusive right of imposing duties and taxes upon his Majesty’s subjects in the said colonies and plantations; and have, in pursuance of such claim, passed certain votes, resolutions, and orders, derogatory to the legislative authority of parliament, and inconsistent with the dependency of the said colonies and plantations upon the crown of Great Britain: may it therefore please your most excellent Majesty, that it may be declared; and be it declared by the King’s most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That the said colonies and plantations in America have been, are, and of right ought to be, subordinate unto, and dependent upon the imperial crown and parliament of Great Britain; and that the King’s majesty, by and with the advice and consent of the lords spiritual and temporal, and commons of Great Britain, in parliament assembled, had, hath, and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of Edition: current; Page: [136] America, subjects of the crown of Great Britain, in all cases whatsoever.

II. And be it further declared and enacted by the authority aforesaid, That all resolutions, votes, orders, and proceedings, in any of the said colonies or plantations, whereby the power and authority of the parliament of Great Britain, to make laws and statutes as aforesaid, is denied, or drawn into question, are, and are hereby declared to be, utterly null and void to all intents and purposes whatsoever.

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part four: The War for Independence

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The relative peace achieved after Parliament’s repeal of the Stamp Act was short-lived. In 1767, Parliament passed the Townshend Acts, which reinstituted direct taxation on the colonies and imposed antismuggling regulations and legal proceedings at least as troublesome to the colonists as those that led to the Stamp Act Congress. Opposition quickly developed. Readings in this section illustrate the increasingly wide gulf between Americans’ views of their rights and the British view of the status of any colony or subordinate people within the Empire.

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A Discourse at the Dedication of the Tree of Liberty

Silas Downer (1729–85) was a prominent lawyer who was active in Rhode Island politics and was among the more prominent figures opposed to the Townshend Acts. The speech reproduced here (published under the pseudonym “A Son of Liberty”) was delivered at the dedication of a Tree of Liberty. Ceremonies dedicating such trees went back to the days before the Norman conquest of Britain, when Saxon clans would assemble for town meetings under a large tree. Saxons had continued this tradition under Norman rule in remembrance of their lost liberty, and their descendants continued the tradition as a sign of their willingness to defend their chartered rights. The practice was common in America long before the Revolution and was part of a wider tradition of public speaking that included sermons delivered on election days by prominent local ministers.

A Discourse at the Dedication of the Tree of Liberty

Dearly beloved Countrymen,

We His Majesty’s subjects, who live remote from the throne, and are inhabitants +of a new world, are here met together to dedicate the Tree of Liberty. On this occasion we chearfully recognize our allegiance to our sovereign Lord,Georgethe third, King of Great-Britain, and supreme Lord of these dominions, but utterly deny any other dependence on the inhabitants of that island, than what is mutual and reciprocal between all mankind.—It is good for us to be here, to confirm one another in the principles of liberty, and to renew our obligations to contend earnestly therefor.

Our forefathers, with the permission of their sovereign, emigrated from England,to avoid the unnatural oppressions which then took place in that country. They endured all sorts of miseries and hardships, before they could establish any tolerable footing in the new world. It was then hoped and expected that the blessing of freedom would be the inheritance of their posterity, which they preferred to every other temporal consideration. With the extremest toil, difficulty, and danger, our great and noble ancestors founded in Americaa number of colonies under the allegiance of the crown of England. They forfeited not the privileges of Englishmenby removing themselves hither, but brought with them every right, which they could or ought to have enjoyed had they abided in England.—They had fierce and dreadful wars with savages, who often poured their whole force on the infant plantations, but under every difficulty and discouragement, by the good providence of God they multiplied exceedingly and flourished, without receiving any protection or assistance from England. They were free from impositions. Their kings were well disposed to them, and their fellow subjects in Great Britainhad not then gaped after Naboth’s vineyard. Never were people so happy as our forefathers, after they had brought the land to a state of inhabitancy, and procured peace with the natives. They sat every man under his own vine, and under his own fig tree. They had but few wants; and luxury, extravagance, and debauchery, were known only by the names, as the things signified thereby, had not then arrived from the old world. The public worship of God, and the education of children and youth, were never more encouraged in any part of the globe. The laws which they made for the general advantage were exactly carried into execution. In fine, no country ever experienced more perfect felicity. Religion, learning, and a pure administration of justice were exceeding conspicuous, and kept even pace with the population of the country.

When we view this country in its extent and variety of climates, soils, and produce, we ought to be exceeding thankful to divine goodness in bestowing it upon our forefathers, and giving it as an heritage for their children.—We may call it the promised land, a good land and a large—a land of hills and vallies, of rivers, brooks, and springs of Edition: current; Page: [141] water—a land of milk and honey, and wherein we may eat bread to the full. A land whose stones are iron, the most useful material in all nature, and of other choice mines and minerals; and a land whose rivers and adjacent seas are stored with the best of fish. In a word, no part of the habitable world can boast of so many natural advantages as this northern part of America.

But what will all these things avail us, if we be deprived of that liberty which the God of nature hath given us. View the miserable condition of the poor wretches, who inhabit countries once the most fertile and happy in the world, where the blessings of liberty have been removed by the hand of arbitrary power. Religion, learning, arts, and industry, vanished at the deformed appearance of tyranny. Those countries are depopulated, and the scarce and thin inhabitants are fast fixed in chains and slavery. They have nothing which they can call their own; even their lives are at the absolute disposal of the monsters who have usurped dominion over them.

The dreadful scenes of massacre and bloodshed, the cruel tortures and brutal barbarities, which have been committed on the image of God, with all the horrible miseries which have overflowed a great part of the globe, have proceeded from wicked and ambitious men, who usurped an absolute dominion over their fellows. If this country should experience such a shocking change in their affairs, or if despotic sway should succeed the fair enjoyment of liberty, I should prefer a life of freedom in Nova-Zembla, Greenland, or in the most frozen regions in the world, even where the use of fire is unknown, rather than to live here to be tyrannized over by any of the human race.

Government is necessary. It was instituted to secure to individuals that natural liberty, which no human creature hath a right to deprive them of. For which end the people have given power unto the rulers to use as there may be occasion for the good of whole community, and not that the civil magistrate, who is only the peoples trustee, should make use of it for the hurt of the governed. If a commander of a fortress, appointed to make defence against the approaches of an enemy, should breech about his guns and fire upon his own town, he would commence tyrant and ought to be treated as an enemy to mankind.

The ends of civil government have been well answered in America,and justice duly administred in general, while we were governed by laws of our own make, and consented to by the Crown. It is of the very essence of the British constitution, that the people shall not be governed by laws, in the making of which they had no hand, or have their monies taken away without their own consent. This privilege is inherent, and cannot be grantedby any but the Almighty. It is a natural right which no creature can give, or hath a right to take away. The great charter of liberties, commonly called Magna Charta, doth not givethe privileges therein mentioned, nor doth our Charters, but must be considered as only declaratory of our rights, and in affirmance of them. The formation of legislatures was the first object of attention in the colonies. They all recognized the King of Great-Britain, and a government of each was erected, as like to that in England, as the nature of the country, and local circumstances, would admit. Assemblies or parliaments were instituted, wherein were present the King by his substitutes, with a council of great men, and the people, by their representatives. Our distant situation from Great-Britain, and other attendant circumstances, make it impossible for us to be represented in the parliament of that country, or to be governed from thence. The exigencies of state often require the immediate hand of governments and confusion and misrule would ensue if government was not topical. From hence it will follow that our legislatures were compleat, and that the parliamen-tary authority of Great-Britaincannot be extended over us without involving the greatest contradiction: For if we are to be controuled by their parliament, our own will be useless. In short, I cannot be perswaded that the parliament of Great-Britainhave any lawful right to make any laws whatsoeverto bind us, because there can be no fountain from whence such right can flow. It is universally agreed amongst us that they cannot tax us, because we are not represented there. Many other acts of legislation may affect us as nearly as taking away our monies. There are many kinds of property as dear to us as our money, and in which we may be greatly injured by allowing them a power in, or to direct about. Suppose the parliament of Great-Britain should undertake to prohibit us from walking in the streets and highways on certain saints days, or from being abroad after a certain time in the evening, or (to come nearer to the matter) to restrain us from working up and manufacturing materials of our own growth, would not our liberty and property be as much affected by such regulations as by a tax act? It is the very spirit of the constitution that the King’s subjects shall not be governed by laws, in the making of which they had no share; and this principle is Edition: current; Page: [142] the greater barrier against tyranny and oppression. If this bulwark be thrown down, nothing will remain to us but a dreadful expectation of certain slavery. If any acts of the Britishparliament are found suitable and commensurate to the nature of the country, they may be introduced, or adopted, by special acts of our own parliaments, which would be equivalent to making them anew; and without such introduction or adoption, our allowance of the validity or force of any act of the English or British parliament in these dominions of the King, must and will operate as a concession on our part, that our fellow subjects in another country can choose a set of men among themselves, and impower them to make laws to bind us, as well in the matter of taxes as in every other case. It hath been fully proved, and is a point not to be controverted, that in our constitution the having of property, especially a landed estate, entitles the subject to a share in government and framing of laws. The Americans have such property and estate, but are not, and never can be represented in the British parliament. It is therefore clear that that assembly cannot pass any laws to bind us, but that we must be governed by our own parliaments, in which we can be in person, or by representation.

But of late a new system of politics hath been adopted in Great-Britain, and the common people there claim a sovereignty over us although they be only fellow subjects. The more I consider the nature and tendency of this claim, the more I tremble for the liberties of my country: For although it hath been unanswerably proved that they have no more power over us than we have over them, yet relying on the powerful logic of guns and cutlery ware, they cease not to make laws injurious to us; and whenever we expostulate with them for so doing, all the return is a discharge of threats and menaces.

It is now an established principle in Great-Britain, that we are subject to the people of that country, in the same manner as they are subject to the Crown. They expressly call us their subjects. The language of every paultry scribler, even of those who pretend friendship for us in some things, is after this lordly stile, our colonies—our western dominions—our plantations—our islands—our subjects in America—our authority—our government— with many more of the like imperious expressions. Strange doctrine that we should be the subjects of subjects, and liable to be controuled at their will! It is enough to break every measure of patience, that fellow subjects should assume such power over us. They are so possessed with the vision of the plenitude of their power, that they call us rebels and traitors for denying their authority. If the King was an absolute monarch and ruled us according to his absolute will and pleasure, as some kings in Europe do their subjects, it would not be in any degree so humiliating and debasing, as to be governed by one part of the Kings subjects who are but equals. From every part of the conduct of the administration, from the acts, votes, and resolutions of the parliament, and from all the political writings in that country, and libels on America, this appears to be their claim, which I think may be said to be an invasion of the rights of the King, and an unwarrantable combination against the liberties of his subjects in America.

Let us now attend a little to the conduct of that country towards us, and see if it be possible to doubt of their principles. In the 9th. of Anne, the post-office act was made, which is a tax act, and which annually draws great sums of money from us. It is true that such an establishment would have been a great use, but then the regulation ought to have been made among ourselves. And it is a clear point to me that let it be ever so much to the advantage of this country, the parliament had no more right to interfere, than they have to form such an establishment in the electorate of Hanover, the King’s German dominions.

They have prohibited us from purchasing any kind of goods or manufactures of Europe except from Great-Britain, and from selling any of our own goods or manufactures to foreigners, a few inconsiderable articles ex-cepted, under pain of confiscation of vessel and cargo, and other heavy penalties. If they were indeed our sovereign lords and masters, as they pretend to be, such regulations would be in open violation of the laws of nature. But what adds to this grievance is, that in the trade between us they can set their own prices both on our and their commodities, which is in effect a tax and of which they have availed themselves: And moreover, duties are laid on divers enumerated articles on their import, for the express purpose of a revenue. They freely give and grant away our monies without our consent, under the specious pretence of defending, protecting, and securing America, and for the charges of the administration of justice here, when in fact, we are not indebted to them one farthing for any defence or protection from the first planting the country to this moment, but on the contrary, a balance is due to us for our exertion in the general cause; and besides, the advantages which have accrued to them in their trade with us hath put Edition: current; Page: [143] millions in their pockets. As to the administration of justice, no country in the world can boast of a purer one than this, the charges of which have been always chearfully provided for and paid without their interposition. There is reason to fear that if the British people undertake the business of the administration of justice amongst us it will be worse for us, as it may cause an introduction of their fashionable corruptions, whereby our pure streams of justice will be tainted and polluted. But in truth, by the administration of justice is meant the keeping up an outfit of officers to rob us of our money, to keep us down and humble, and to frighten us out of our undoubted rights.

And here it may be proper to mention the grievances of the custom house. Trade is the natural right of all men, but it is so restrained, perplexed and fettered that the officers of the customs, where there happens a judge of admiralty to their purpose, can seize and get condemned any vessel or goods they see fit. They will seize a vessel without shewing any other cause than their arbitrary will, and keep her a long time without exhibiting any libel, during all which time the owner knows not on what account she is seized, and when the trial comes on, he is utterly deprived of one by a jury, contrary to the usages among our fellow subjects in Britain, and perhaps all his fortune is determinable by a single, base, and infamous tool of a violent, corrupt, and wicked administration. Besides, these officers, who seem to be born with long claws, like eagles, exact most exorbitant fees, even from small coasting vessels, who pass along shore, and carry from plantation to plantation, bread, meat, firewood, and other necessaries, and without the intervention of which the country would labour under great inconveniencies, directly contrary to the true intent and meaning of one of the acts of trade, by which they pretend to govern themselves, such vessels by that act not being obliged to have so much as a register. It is well known that their design in getting into office is to enrich themselves by fleecing the merchants, and it is thought that very few have any regard to the interest of the Crown, which is only a pretence they make in order to accomplish their avaricious purposes.

The common people of Great-Britain very liberally give and grant away the property of the Americans without their consent, which if yielded to by us must fix us in the low-est bottom of slavery: For if they can take away one penny from us against our wills, they can take all. If they have such power over our properties they must have a proportionable power over our persons; and from hence it will follow, that they can demand and take away our lives, whensoever it shall be agreeable to their sovereign wills and pleasure.

This claim of the commons to a sovereignty over us, is founded by them on their being the Mother Country. It is true that the first emigrations were from England; but upon the whole, more settlers have come from Ireland, Germany, and other parts of Europe, than from England. But if every soul came from England, it would not give them any title to sovereignty or even to superiority. One spot of ground will not be sufficient for all. As places fill up, mankind must disperse, and go where they can find a settlement; and being born free, must carry with them their freedom and independence on their fellows, go where they will. Would it not be thought strange if the commonalty of the Massachusetts Bay should require our obedience, because this colony was first settled from that dominion? By the best accounts, Britain was peopled from Gaul, now called France, wherefore according to their principles the parliaments of Francehave a right to govern them. If this doctrine of the maternal authority of one country over another be a little examined, it will be found to be the greatest absurdity that ever entered into the head of a politician.—In the time of Nimrod, all mankind lived together on the plains of Shinar, from whence they were dispersed at the building of Babel. From that dispersion all the empires, kingdoms, and states in the world are derived. That this doctrine may be fully exposed, let us suppose a few Turks or Arabs to be the present inhabitants of the plains of Shinar, and that they should demand the obedience of every kingdom, state, and country in the world, on account of their being the Mother Country, would it be one jot more ridiculous than the claim made by the parliament of Great-Britain to rule and reign over us? It is to be hoped that in future the words Mother Country will not be so frequently in our mouths, as they are only sounds without meaning.

Another grievance to be considered, is the alarming attempt of the people of Old England to restrain our manufactures. This country abounds in iron, yet there is an act of parliament, passed in the late King’s reign to restrain us from manufacturing it into plates and rods by mill work, the last of which forms are absolutely necessary for the making of nails, the most useful article in a new country that can be conceived.—Be astonished all the world, that the people of a country who call themselves Christians and Edition: current; Page: [144] a civilized nation, should imagine that any principles of policy will be a sufficient excuse, for their permitting their fellow subjects on a distant part of the earth from making use of the blessings of the God of nature. There would be just as much reason to prohibit us from spinning our wool and flax, or making up our cloaths. Such prohibitions are infractions on the natural rights of men and are utterly void.

They have undertook, at the distance of three thousand miles, to regulate and limit our trade with the natives round about us, and from whom our lands were purchased—a trade which we opened ourselves, and which we ought to enjoy unrestricted. Further, we are prohibited by a people, who never set foot here from making any more purchases from the Indians, and even of settling those which we have made. The truth is, they intend to take into their own hands the whole of the back lands, witness the patents of immense tracts continually solicited and making out to their own people. The consequence will be shocking, and we ought to be greatly alarmed at such a procedure. All new countries ought to be free to settlers, but instead thereof every settler on these patent lands, and their descendants forever will be as compleat slaves to their landlords, as the common people of Poland are to their lords.

A standing army in time of profound peace is cantoned and quartered about the country to awe and intimidate the people.—Men of war and cutters are in every port, to the great distress of trade. In time of war we had no station ships, but were obliged to protect our trade, but now in time of full peace, when there are none to make us afraid we are visited with the plague of men of war, who com-mit all manner of disorders and irregularities; and behave in as hostile a manner as if they were open and declared enemies. In open defiance of civility, and the laws of Great-Britain, which they protest to be governed by, they violently seize and forcibly carry on board their ships the persons of the King’s loving subjects. What think ye my brethren, of a military government in each town?—Unless we exert ourselves in opposition to their plan of subjecting us, we shall all have soldiers quartered about upon us, who will take the absolute command of our families. Centry boxes will be set up in all the streets and passages, and none of us will be able to pass without being brought too by a soldier with his fixed bayonet, and giving him a satisfactory account of ourselves and business. Perhaps it will be ordered that we shall put out fire and candle at eight of the clock at night, for fear of conspiracy. From which tearful calamities may the GOD of our fathers deliver us!

But after all, nothing which has yet happened ought to alarm us more than their suspending government here, because our parliaments or assemblies (who ought to be free) do not in their votes and resolutions please the populace of Great Britain. Suppose a parcel of mercenary troops in England should go to the parliament house, and order the members to vote as they directed under pain of dissolution, how much liberty would be left to them? In short, this dissolving of government upon such pretences as are formed, leaves not the semblance of liberty to the people.—We all ought to resent the treatment which the Massachusetts Bay hath had, as their case may soon come to be our own.

We are constantly belied and misrepresented in our gracious sovereign, by the officers who are sent hither, and others who are in the cabal of ruining this country. They are the persons who ought to be called rebels and traitors, as their conduct is superlatively injurious to the King and his faithful subjects.

Many other grievances might be enumerated, but the time would fail.—Upon the whole, the conduct of Great-Britain shews that they have formed a plan to subject us so effectually to their absolute commands, that even the freedom of speech will be taken from us. This plan they are executing as fast as they can; and almost every day produces some effect of it. We are insulted and menaced only for petitioning. Our prayers are prevented from reaching the royal ear, and our humble supplications to the throne are wickedly and maliciously represented as so many marks of faction and disloyalty. If they can once make us afraid to speak or write, their purpose will be finished.— Then farewel liberty.—Then those who were crouded in narrow limits in England will take possession of our extended and fertile fields, and set us to work for them.

Wherefore, dearly beloved, let us with unconquerable resolution maintain and defend that liberty wherewith God hath made us free. As the total subjection of a people arises generally from gradual encroachments, it will be our indispensible duty manfully to oppose every invasion of our rights in the beginning. Let nothing discourage us from this duty to ourselves and our posterity. Our fathers fought and found freedom in the wilderness; they cloathed themselves with the skins of wild beasts, and lodged under trees and among bushes; but in that state they were happy because Edition: current; Page: [145] they were free.—Should these our noble ancestors arise from the dead, and find their posterity trucking away that liberty, which they purchased at so dear a rate, for the mean trifles and frivolous merchandize of Great Britain, they would return to the grave with a holy indignation against us. In this day of danger let us exert every talent, and try every lawful mean, for the preservation of our liberties. It is thought that nothing will be of more avail, in our present distressed situation, than to stop our imports from Britain. By such a measure this little colony would save more than 173,000 pounds, lawful money, in one year, besides the advantages which would arise from the industry of the inhabitants being directed to the raising of wool and flax, and the establishment of manufactures. Such a measure might distress the manufacturers and poor people in England, but that would be their misfortune. Charity begins at home, and we ought primarily to consult our own interest; and besides, a little distress might bring the people of that country to a better temper, and a sense of their injustice towards us. No nation or people in the world ever made any figure, who were dependent on any other country for their food or cloathing. Let us then in justice to ourselves and our children, break off a trade so pernicious to our interest, and which is likely to swallow up both our estates and liberties.—A trade which hath nourished the people, in idleness and dissipation.—We cannot, we will not, betray the trust reposed in us by our ancestors, by giving up the least of our liberties.—We will be freemen, or we will die—we cannot endure the thought of being governed by subjects, and we make no doubt but the Almighty will look down upon our righteous contest with gracious approbation. We cannot bear the reflection that this country should be yielded to them who never had any hand in subduing it. Let our whole conduct shew that we know what is due to ourselves. Let us act prudently, peaceably, firmly, and jointly. Let us break off all trade and commerce with a people who would enslave us, as the only means to prevent our ruin. May we strengthen the hands of the civil government here, and have all our exertions tempered with the principles of peace and order, and may we by precept and example encourage the practice of virtue and morality, without which no people can be happy.

It only remains now, that we dedicate the Tree of Liberty.

We do therefore, in the name and behalf of all the true Sons of Liberty in America, Great-Britain, Ireland, Corsica, or wheresoever they are dispersed throughout the world, dedicate and solemnly devote this tree, to be a Tree of Liberty—May all our councils and deliberations under it’s venerable branches be guided by wisdom, and directed to the support and maintenance of that liberty, which our renowned forefathers sought out and found under trees and in the wilderness.—May it long flourish, and may the Sons of Liberty often repair hither, to confirm and strengthen each other.—When they look towards this sacred Elm, may they be penetrated with a sense of their duty to themselves, their country, and their posterity:— And may they, like the house of David, grow stronger and stronger, while their enemies, like the house of Saul, grow weaker and weaker. Amen.

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Letters from a Farmer in Pennsylvania, Letters V and IX

John Dickinson (1732–1808) was a lawyer, a member of the Pennsylvania Assembly, and a leading spokesman against parliamentary power in America. His argument, that Parliament’s acts constituted dangerous innovations violating ancient chartered rights, became the centerpiece of colonial opposition to the Stamp Act and subsequent parliamentary conduct. His “Letters from a Farmer in Pennsylvania to the Inhabitants of the British Colonies” were highly influential and widely read throughout the colonies. Dickinson wrote the Resolutions of the Stamp Act Congress but would later refuse to sign the Declaration of Independence, on the grounds that independence was a radical step he could not approve.

Letter V

My dear Countrymen,

Perhaps the objection to the late act, imposing duties upon paper, etc. might have been safely rested on the argument drawn from the universal conduct of parliaments and ministers, from the first existence of these colonies, to the administration of Mr. Greenville.

What but the indisputable, the acknowledged exclusive right of the colonies to tax themselves, could be the reason, that in this long period of more than one hundred and fifty years, no statute was ever passed for the sole purpose of raising a revenue on the colonies? And how clear, how cogent must that reason be, to which every parliament, and every minister, for so long a time submitted, without a single attempt to innovate?

England, in part of that course of years, and Great Britain, in other parts, was engaged in several fierce and expensive wars; troubled with some tumultuous and bold parliaments; governed by many daring and wicked ministers; yet none of them ever ventured to touch the Palladium of American liberty. Ambition, avarice, faction, tyranny, all revered it. Whenever it was necessary to raise money on the colonies, the requisitions of the crown were made, and dutifully complied with. The parliament, from time to time, regulated their trade, and that of the rest of the empire, to preserve their dependence, and the connection of the whole in good order.

The people of Great Britain, in support of their privileges, boast much of their antiquity. It is true they are ancient; yet it may well be questioned, if there is a single privilege of a British subject, supported by longer, more solemn, or more uninterrupted testimony, than the exclusive right of taxation in these colonies. The people of Great Britain consider that kingdom as the sovereign of these colonies, and would now annex to that sovereignty a prerogative never heard of before. How would they bear this, was the case their own? What would they think of a new prerogative claimed by the crown? We may guess what their conduct would be, from the transports of passion into which they fell about the late embargo, tho’ laid to relieve the most emergent necessities of state, admitting of no delay; and for which there were numerous precedents. Let our liberties be treated with the same tenderness and it is all we desire.

Explicit as the conduct of parliaments, for so many ages, is, to prove that no money can be levied on these colonies by parliament, for the purpose of raising a revenue, yet it is not the only evidence in our favor.

Every one of the most material arguments against the legality of the Stamp Act, operates with equal force against the act now objected to; but as they are well known, it seems unnecessary to repeat them here.

This general one only shall be considered at present: That tho’ these colonies are dependent on Great Britain; Edition: current; Page: [147] and tho’ she has a legal power to make laws for preserving that dependence; yet it is not necessary for this purpose, nor essential to the relation between a mother country and her colonies, as was eagerly contended by the advocates for the Stamp Act, that she should raise money on them without their consent.

Colonies were formerly planted by warlike nations, to keep their enemies in awe; to relieve their country, overburdened with inhabitants; or to discharge a number of discontented and troublesome citizens. But in more modern ages, the spirit of violence being, in some measure, if the expression may be allowed, sheathed in commerce, colonies have been settled by the nations of Europe for the purposes of trade. These purposes were to be attained, by the colonies raising for their mother country those things which she did not produce herself; and by supplying themselves from her with things they wanted. These were the national objects in the commencement of our colonies, and have been uniformly so in their promotion.

To answer these grand purposes, perfect liberty was known to be necessary; all history proving, that trade and freedom are nearly related to each other. By a due regard to this wise and just plan, the infant colonies, exposed in the unknown climates and unexplored wildernesses of this new world, lived, grew, and flourished.

The parent country, with undeviating prudence and virtue, attentive to the first principles of colonization, drew to herself the benefits she might reasonably expect, and preserved to her children the blessings on which those bene-fits were founded. She made laws, obliging her colonies to carry to her all those products which she wanted for her own use; and all those raw materials which she chose herself to work up. Besides this restriction, she forbade them to procure manufactures from any other part of the globe, or even the products of European countries, which alone could rival her, without being first brought to her. In short, by a variety of laws, she regulated their trade in such a manner as she thought most conducive to their mutual advantage, and her own welfare. A power was reserved to the crown of repealing any laws that should be enacted: The executive authority of government was also lodged in the crown, and its representatives; and an appeal was secured to the crown from all judgments in the administration of justice.

For all these powers, established by the mother country over the colonies; for all these immense emoluments derived by her from them; for all their difficulties and distresses in fixing themselves, what was the recompense made them? A communication of her rights in general, and particularly of that great one, the foundation of all the rest—that their property, acquired with so much pain and hazard, should be disposed of by none but themselves *—or, to use the beautiful and emphatic language of the sacred scriptures, “that they should sit every man under his vine, and under his fig-tree, and NONE SHOULD MAKE THEM AFRAID.”

Can any man of candor and knowledge deny, that these institutions form an affinity between Great Britain and her colonies, that sufficiently secures their dependence upon her? Or that for her to levy taxes upon them, is to reverse the nature of things? Or that she can pursue such a measure, without reducing them to a state of vassalage?

If any person cannot conceive the supremacy of Great Britain to exist, without the power of laying taxes to levy money upon us, the history of the colonies, and of Great Britain, since their settlement, will prove the contrary. He will there find the amazing advantages arising to her from them—the constant exercise of her supremacy— and their filial submission to it, without a single rebellion, or even the thought of one, from their first emigration to this moment—And all these things have happened, without one instance of Great Britain’s laying taxes to levy money upon them.

How many British authors have demonstrated that the Edition: current; Page: [148] present wealth, power and glory of their country, are founded upon these colonies? As constantly as streams tend to the ocean, have they been pouring the fruits of all their labors into their mother’s lap. Good heaven! and shall a total oblivion of former tendernesses and blessings, be spread over the minds of a good and wise nation, by the sordid arts of intriguing men, who, covering their selfish projects under pretenses of public good, first enrage their countrymen into a frenzy of passion, and then advance their own influence and interest, by gratifying the passion, which they themselves have basely excited.

Hitherto Great Britain has been contented with her prosperity. Edition: current; Page: [149] Moderation has been the rule of her conduct. But now, a general humane people, that so often has protected the liberty of strangers, is inflamed into an attempt to tear a privilege from her own children, which, if executed, must, in their opinion, sink them into slaves: AND FOR WHAT? For a pernicious power, not necessary to her, as her own experience may convince her; but horribly dreadful and detestable to them.

It seems extremely probable, that when cool, dispassionate posterity, shall consider the affectionate intercourse, the reciprocal benefits, and the unsuspecting confidence, that have subsisted between these colonies and their parent country, for such a length of time, they will execrate, with the bitterest curses, the infamous memory of those men, whose pestilential ambition unnecessarily, wantonly, cruelly, first opened the forces of civil discord between them; first turned their love into jealousy; and first taught these provinces, filled with grief and anxiety, to inquire—

Mens ubi materna est?

Where is maternal affection?

A Farmer

Letter IX

My dear Countrymen,

I have made some observations on the PURPOSES for which money is to be levied upon us by the late act of parliament. I shall now offer to your consideration some further reflections on that subject: And, unless I am greatly mistaken, if these purposes are accomplished according to the expressed intention of the act, they will be found effectually to supersede that authority in our respective assemblies, which is essential to liberty. The question is not, Edition: current; Page: [150] whether some branches shall be lopped off—The axe is laid to the root of the tree; and the whole body must infallibly perish, if we remain idle spectators of the work.

No free people ever existed, or can ever exist, without keeping, to use a common, but strong expression, “the purse strings,” in their own hands. Where this is the case, they have a constitutional check upon the administration, which may thereby be brought into order without violence: But where such a power is not lodged in the people, oppression proceeds uncontrolled in its career, till the governed, transported into rage, seek redress in the midst of blood and confusion.

The elegant and ingenious Mr. Hume, speaking of the Anglo-Norman government, says—“Princes and Ministers were too ignorant, to be themselves sensible of the advantage attending an equitable administration, and there was no established council or assembly, WHICH COULD PROTECT THE PEOPLE, and BY WITHDRAWING SUPPLIES, regularly and PEACEABLY admonish the king of his duty, and ENSURE THE EXECUTION OF THE LAWS.”

Thus this great man, whose political reflections are so much admired, makes this power one of the foundations of liberty.

The English history abounds with instances, proving that this is the proper and successful way to obtain redress to grievances. How often have kings and ministers endeavored to throw off this legal curb upon them, by attempting to raise money by a variety of inventions, under pretense of law, without having recourse to parliament? And how often have they been brought to reason, and peaceably obliged to do justice, by the exertion of this constitutional authority of the people, vested in their representatives?

The inhabitants of these colonies have, on numberless occasions, reaped the benefit of this authority lodged in their assemblies.

It has been for a long time, and now is, a constant instruction to all governors, to obtain a PERMANENT support for the offices of government. But as the author of “the administration of the colonies” says, “this order of the crown is generally, if not universally, rejected by the legislatures of the colonies.”

They perfectly know how much their grievances would be regarded, if they had no other method of engaging attention, than by complaining. Those who rule, are extremely apt to think well of the constructions made by themselves in support of their own power. These are frequently erroneous, and pernicious to those they govern. Dry remonstrances, to show that such constructions are wrong and oppressive, carry very little weight with them, in the opinion of persons who gratify their own inclinations in making these constructions. They CANNOT understand the reasoning that opposes their power and desires. But let it be made their interest to understand such reasoning—and a wonderful light is instantly thrown upon the matter; and then, rejected remonstrances become as clear as “proofs of holy writ.” *

The three most important articles that our assemblies, or any legislatures can provide for, are, First—the defense of the society: Secondly—the administration of justice: And thirdly—the support of civil government.

Nothing can properly regulate the expense of making provision for these occasions, but the necessities of the society; its abilities; the conveniency of the modes of levy-ing money in it; the manner in which the laws have been executed; and the conduct of the officers of government: All which are circumstances, that cannot possibly be properly known, but by the society itself; or if they should be known, will not probably be properly considered but by that society.

If money be raised upon us by others, without our consent, for our “defense,” those who are the judges in levying it, must also be the judges in applying it. Of consequence the money said to be taken from us for our defense, may be employed to our injury. We may be chained in by a line of fortifications—obliged to pay for the building and maintaining them—and be told, that they are for our defense. With what face can we dispute the fact, after having granted that those who apply the money, had a right to levy it? For surely, it is much easier for their wisdom to understand how to apply it in the best manner, than how to levy it in the best manner. Besides, the right of levying is of infinitely more consequence than that of applying. The people of England, who would burst out into a fury, if the crown should attempt to levy money by its own authority, have always assigned to the crown the application of money.

As to “the administration of justice”—the judges ought, in a well regulated state, to be equally independent of the executive and legislative powers. Thus in England, judges hold their commissions from the crown “during good behavior,” Edition: current; Page: [151] and have salaries, suitable to their dignity, settled on them by parliament. The purity of the courts of law since this establishment, is a proof of the wisdom with which it was made.

But in these colonies, how fruitless has been every attempt to have the judges appointed “during good behavior”? Yet whoever considers the matter will soon perceive, that such commissions are beyond all comparison more necessary in these colonies, than they were in England.

The chief danger to the subject there, arose from the arbitrary designs of the crown; but here, the time may come, when we may have to contend with the designs of the crown, and of a mighty kingdom. What then must be our chance, when the laws of life and death are to be spoken by judges totally dependent on that crown, and that kingdom—sent over perhaps from thence—filled with British prejudices—and backed by a STANDING army—supported out of OUR OWN pockets, to “assert and maintain” OUR OWN “dependence and obedience”?

But supposing that through the extreme lenity that will prevail in the government through all future ages, these colonies will never behold any thing like the campaign of chief justice Jeffereys, yet what innumerable acts of injustice may be committed, and how fatally may the principles of liberty be sapped, by a succession of judges utterly independent of the people? Before such judges, the supple wretches, who cheerfully join in avowing sentiments inconsistent with freedom, will always meet with smiles; while the honest and brave men, who disdain to sacrifice their native land to their own advantage, but on every occasion boldly vindicate her cause, will constantly be regarded with frowns.

There are two other considerations relating to this head, that deserve the most serious attention.

By the late act, the officers of the customs are “impowered to enter into any HOUSE, warehouse, shop, cellar, or other place, in the British colonies or plantations in America, to search for or seize prohibited or unaccustomed goods,” etc. on “writs granted by the superior or supreme court of justice, having jurisdiction within such colony or plantation respectively.”

If we only reflect, that the judges of these courts are to be during pleasure—that they are to have “adequate provision” made for them, which is to continue during their complaisant behavior—that they may be strangers to these colonies—what an engine of oppression may this authority be in such hands?

I am well aware, that writs of this kind may be granted at home, under the seal of the court of exchequer: But I know also, that the greatest asserters of the rights of Englishmen have always strenuously contended, that such a power was dangerous to freedom, and expressly contrary to the common law, which ever regarded a man’s house as his castle, or a place of perfect security.

If such power was in the least degree dangerous there, it must be utterly destructive to liberty here. For the people there have two securities against the undue exercise of this power by the crown, which are wanting with us, if the late act takes place. In the first place, if any injustice is done there, the person injured may bring his action against the offender, and have it tried before INDEPENDENT JUDGES, who are NO PARTIES IN COMMITTING THE INJURY. Here he must have it tried before DEPENDENT JUDGES, being the men WHO GRANTED THE WRIT. *

To say, that the cause is to be tried by a jury, can never reconcile men who have any idea of freedom, to such a power. For we know that sheriffs in almost every colony on this continent, are totally dependent on the crown; and packing of juries has been frequently practised even in the capital of the British empire. Even if juries are well inclined, we have too many instances of the influence of overbearing unjust judges upon them. The brave and wise men who accomplished the revolution, thought the independency of judges essential to freedom.

The other security which the people have at home, but which we shall want here, is this.

If this power is abused there, the parliament, the grand resource of the oppressed people, is ready to afford relief. Redress of grievances must precede grants of money. But what regard can we expect to have paid to our assemblies, when they will not hold even the puny privilege of French parliaments—that of registering, before they are put in execution, the edicts that take away our money.

The second consideration above hinted at, is this. There is a confusion in our laws, that is quite unknown in Great Britain. As this cannot be described in a more clear or exact manner, than has been done by the ingenious author of the history of New York, I beg leave to use his words. “The Edition: current; Page: [152] state of our laws opens a door to much controversy. The uncertainty, with respect to them, RENDERS PROPERTY PRECARIOUS, and GREATLY EXPOSES US TO THE ARBITRARY DECISION OF BAD JUDGES. The common law of England is generally received, together with such statutes as were enacted before we had a legislature of our own; but our COURTS EXERCISE A SOVEREIGN AUTHORITY, in determining what parts of the common and statute law ought to be extended: For it must be admitted, that the difference of circumstances necessarily requires us, in some cases, to REJECT the determination of both. In many instances, they have also extended even acts of parliament, passed since we had a distinct legislature, which is greatly adding to our confusion. The practice of our courts is no less uncertain than the law. Some of the English rules are adopted, others rejected. Two things therefore seem to be ABSOLUTELY NECESSARY for the PUBLIC SECURITY. First, the passing an act for settling the extent of the English laws. Secondly, that the courts ordain a general set of rules for the regulation of the practice.”

How easy it will be, under this “state of our laws,” for an artful judge, to act in the most arbitrary manner, and yet cover his conduct under specious pretences; and how difficult it will be for the injured people to obtain relief, may be readily perceived. We may take a voyage of 3000 miles to complain; and after the trouble and hazard we have undergone, we may be told, that the collection of the revenue, and maintenance of the prerogative, must not be discouraged—and if the misbehavior is so gross as to admit of no justification, it may be said, that it was an error in judgment only, arising from the confusion of our laws, and the zeal of the King’s servants to do their duty.

If the commissions of judges are during the pleasure of the crown, yet if their salaries are during the pleasure of the people, there will be some check upon their conduct. Few men will consent to draw on themselves the hatred and contempt of those among whom they live, for the empty honor of being judges. It is the sordid love of gain, that tempts men to turn their backs on virtue, and pay their homage where they ought not.

As to the third particular, “the support of civil government”— few words will be sufficient. Every man of the least understanding must know, that the executive power may be exercised in a manner so disagreeable and harassing to the people, that it is absolutely requisite, that they should be enabled by the gentlest method which human policy has yet been ingenious enough to invent, that is, by shutting their hands, to “ADMONISH” (as Mr. Hume says) certain persons “OF THEIR DUTY.”

What shall we now think when, upon looking into the late act, we find the assemblies of these provinces thereby stripped of their authority on these several heads? The declared intentionof the act is, “that a revenue should be raised IN HIS MAJESTY’s DOMINIONS IN AMERICA, for making a more certain and adequate provision for defraying the charge of THE ADMINISTRATION OF JUSTICE, and the support of CIVIL GOVERNMENT in such provinces where it shall be found necessary, and toward further defraying the expenses of DEFEND-ING, PROTECTING AND SECURING THE SAID DOMINIONS.”

Let the reader pause here one moment—and reflect—whether the colony in which he lives, has not made such “certain and adequate provision” for these purposes, as is by the colony judged suitable to its abilities, and all other circumstances. Then let him reflect—whether if this act takes place, money is not to be raised on that colony without its consent, to make “provision” for these purposes, which it does not judge to be suitable to its abilities, and all other circumstances. Lastly, let him reflect—whether the people of that country are not in a state of the most abject slavery, whose property may be taken from them under the notion of right, when they have refused to give it.

For my part, I think I have good reason for vindicating the honor of the assemblies on this continent, by publicly asserting, that THEY have made as “certain and adequate provision” for the purposes above mentioned, as they ought to have made, and that it should not be presumed, that they will not do it hereafter. Why then should these most important trusts be wrested out of their hands? Why should they not now be permitted to enjoy that authority, which they have exercised from the first settlement of these colonies? Why should they be scandalized by this innovation, when their respective provinces are now, and will be, for several years, laboring under loads of debt, imposed on them for the very purpose now spoken of? Why should all the inhabitants of these colonies be, with the utmost indignity, treated as a herd of despicable stupid wretches, so utterly void of common sense, that they will not even make “adequate provision” for the “administration of justice, and the support of civil government” among them, or for their own “defense”—though without such “provision” every Edition: current; Page: [153] people must inevitably be overwhelmed with anarchy and destruction? Is it possible to form an idea of a slavery more complete, more miserable, more disgraceful, than that of a people, where justice is administered, government exercised, and a standing army maintained, AT THE EXPENSE OF THE PEOPLE, and yet WITHOUT THE LEAST DEPENDENCE UPON THEM? If we can find no relief from this infamous situation, it will be fortunate for us, if Mr. Greenville, setting his fertile fancy again at work, can, as by one exertion of it he has stripped us of our property and liberty, by another deprive us of so much of our understanding; that, unconscious of what we have been or are, and ungoaded by tormenting reflections, we may bow down our necks, with all the stupid serenity of servitude, to any drudgery, which our lords and masters shall please to command.

When the charges of the “administration of justice,” the “support of civil government,” and the “expenses of defending, protecting and securing” us, are provided for, I should be glad to know, upon what occasions the crown will ever call our assemblies together? Some few of them may meet of their own accord, by virtue of their charters. But what will they have to do, when they are met? To what shadows will they be reduced? The men, whose deliberations heretofore had an influence on every matter relating to the liberty and happiness of themselves and their constituents, and whose authority in domestic affairs at least, might well be compared to that of Roman senators, will now find their deliberations of no more consequence, than those of constables. They may perhaps be allowed to make laws for the yoking of hogs, or pounding of stray cattle. Their influence will hardly be permitted to extend so high, as the keeping roads in repair, as that business may more properly be executed by those who receive the public cash.

One most memorable example in history is so applicable to the point now insisted on, that it will form a just conclusion of the observations that have been made.

Spain was once free. Their cortes resembled our parliaments. No money could be raised on the subject, without their consent. One of their Kings having received a grant from them, to maintain a war against the Moors, desired, that if the sum which they had given, should not be sufficient, he might be allowed, for that emergency only, to raise more money without assembling the Cortes. The request was violently opposed by the best and wisest men in the assembly. It was, however, complied with by the votes of a majority; and this single concession was a PRECEDENT for other concessions of the like kind, until at last the crown obtained a general power of raising money, in cases of necessity. From that period the Cortes ceased to be useful—the people ceased to be free.

Venienti occurrite morbo.

Oppose a disease at its beginning.

A Farmer

Edition: current; Page: [154]

Declaration and Resolves of the First Continental Congress October 14, 1774

Americans responded to the Townshend Acts as they had responded to the Stamp Act—with declarations of grievances and through boycotts and occasional violence. But Parliament’s reaction was significantly harsher than it had been during the Stamp Act crisis, particularly after the Boston Tea Party in 1773 resulted in the destruction of tea belonging to the East India Company. That year, Parliament passed the Coercive Acts, closing ports, extending military justice, closing local legislatures, and giving increased power to royal authorities acting in the colonies. Colonists responded, in turn, through more violence and through the calling of a Continental Congress, much like the Stamp Act Congress, bringing various colonial representatives together to express opposition and plan common strategies. The Declaration and Resolves of this Congress states colonial grievances and calls for a restoration of comity through repeal of Parliament’s arbitrary actions.

Declaration and Resolves of the First Continental Congress

Whereas, since the close of the last war, the British parliament, claiming a power of right to bind the people of America by statute in all cases whatsoever, hath, in some acts expressly imposed taxes on them, and in others, under various pretenses, but in fact for the purpose of raising a revenue, hath imposed rates and duties payable in these colonies, established a board of commissioners with unconstitutional powers, and extended the jurisdiction of courts of Admiralty not only for collecting the said duties, but for the trial of causes merely arising within the body of a county.

And whereas, in consequence of other statutes, judges who before held only estates at will in their offices, have been made dependent on the Crown alone for their salaries, and standing armies kept in times of peace. And it has lately been resolved in Parliament, that by force of a statute made in the thirty-fifth year of the reign of King Henry the Eighth, colonists may be transported to England, and tried there upon accusations for treasons and misprisions, or concealments of treasons committed in the colonies; and by a late statute, such trials have been directed in cases therein mentioned:

And whereas, in the last session of Parliament, three statutes were made . . . [the Boston Port Act, the Massachusetts Government Act, the Administration of Justice Act], and another statute was then made [the Quebec Act] . . . All which statutes are impolitic, unjust, and cruel, as well as unconstitutional, and most dangerous and destructive of American rights.

And whereas, Assemblies have been frequently dissolved, contrary to the rights of the people, when they attempted to deliberate on grievances; and their dutiful, humble, loyal, & reasonable petitions to the crown for redress, have been repeatedly treated with contempt, by His Majesty’s ministers of state:

The good people of the several Colonies of New-hampshire, Massachusetts-bay, Rhode-island and Providence plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Newcastle, Kent and Sussex on Delaware, Maryland, Virginia, North-Carolina, and South-Carolina, justly alarmed at these arbitrary proceedings of parliament and administration, have severally elected, constituted, and appointed deputies to meet, and sit in general Congress, in the city of Philadelphia, in order to obtain such establishment, as that their religion, laws, and liberties, may not be subverted:

Whereupon the deputies so appointed being now assembled, in a full and free representation of these Colonies, taking into their most serious consideration the best means of attaining the ends aforesaid, do in the first place, as Englishmen their ancestors in like cases have usually done, for asserting and vindicating their rights and liberties, declare,

That the inhabitants of the English Colonies in North America, by the immutable laws of nature, the principles Edition: current; Page: [155] of the English constitution, and the several charters or compacts, have the following Rights:

Resolved, N. C. D.

  • 1.

    That they are entitled to life, liberty, and property, & they have never ceded to any sovereign power whatever, a right to dispose of either without their consent.

  • 2.

    That our ancestors, who first settled these colonies, were at the time of their emigration from the mother country, entitled to all the rights, liberties, and immunities of free and natural-born subjects within the realm of England.

  • 3.

    That by such emigration they by no means forfeited, surrendered, or lost any of those rights, but that they were, and their descendants now are entitled to the exercise and enjoyment of all such of them, as their local and other circumstances enable them to exercise and enjoy.

  • 4.

    That the foundation of English liberty, and of all free government, is a right in the people to participate in their legislative council: and as the English colonists are not represented, and from their local and other circumstances, cannot properly be represented in the British parliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures, where their right of representation can alone be preserved, in all cases of taxation and internal polity, subject only to the negative of their sovereign, in such manner as has been heretofore used and accustomed. But, from the necessity of the case, and a regard to the mutual interest of both countries, we cheerfully consent to the operation of such acts of the British parliament, as are bona fide restrained to the regulation of our external commerce, for the purpose of securing the commercial advantages of the whole empire to the mother country, and the commercial benefits of its respective members excluding every idea of taxation, internal or external, for raising a revenue on the subjects in America without their consent.

  • 5.

    That the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law.

  • 6.

    That they are entitled to the benefit of such of the English statutes, as existed at the time of their colonization; and which they have, by experience, respectively found to be applicable to their several local and other circumstances.

  • 7.

    That these, his majesty’s colonies, are likewise entitled to all the immunities and privileges granted and confirmed to them by royal charters, or secured by their several codes of provincial laws.

  • 8.

    That they have a right peaceably to assemble, consider of their grievances, and petition the King; and that all prosecutions, prohibitory proclamations, and commitments for the same, are illegal.

  • 9.

    That the keeping a Standing army in these colonies, in times of peace, without the consent of the legislature of that colony in which such army is kept, is against law.

  • 10.

    It is indispensably necessary to good government, and rendered essential by the English constitution, that the constituent branches of the legislature be independent of each other; that, therefore, the exercise of legislative power in several colonies, by a council appointed during pleasure, by the crown, is unconstitutional, dangerous, and destructive to the freedom of American legislation.

All and each of which the aforesaid deputies, in behalf of themselves, and their constituents, do claim, demand, and insist on, as their indubitable rights and lib-erties; which cannot be legally taken from them, altered or abridged by any power whatever, without their own consent, by their representatives in their several provincial legislatures.

In the course of our inquiry, we find many infringements and violations of the foregoing rights, which, from an ardent desire that harmony and mutual intercourse of affection and interest may be restored, we pass over for the present, and proceed to state such acts and measures as have been adopted since the last war, which demonstrate a system formed to enslave America.

Resolved, That the following acts of Parliament are infringements and violations of the rights of the colonists; and that the repeal of them is essentially necessary, in order to restore harmony between Great Britain and the American colonies, . . . viz.:

The several Acts of 4 Geo. 3, ch. 15 & ch. 34, 5 Geo. 3, ch. 25; 6 Geo. 3, ch. 52; 7 Geo. 3, ch. 41 & 46; 8 Geo. 3, ch. 22; which impose duties for the purpose of raising a revenue in America, extend the powers of the admiralty courts beyond their ancient limits, deprive the American subject of trial by jury, authorize the judges’ certificate to indemnify the prosecutor from damages that he might otherwise be liable to, requiring oppressive security from a claimant of ships and goods seized before he shall be allowed to defend his property; and are subversive of American rights.

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Also the 12 Geo. 3, ch. 24, entitled “An act for the better preserving his Majesty’s dockyards, magazines, ships, ammunition, and stores,” which declares a new offense in America, and deprives the American subject of a constitutional trial by jury of the vicinage, by authorizing the trial of any person charged with the committing any offense described in the said act, out of the realm, to be indicted and tried for the same in any shire or county within the realm.

Also the three acts passed in the last session of parliament, for stopping the port and blocking up the harbour of Boston, for altering the charter & government of the Massachusetts-bay, and that which is entitled “An Act for the better administration of Justice,” &c.

Also the act passed the same session for establishing the Roman Catholic Religion in the province of Quebec, abolishing the equitable system of English laws, and erecting a tyranny there, to the great danger, from so great a dissimilarity of Religion, law, and government, of the neighboring British colonies. . . .

Also the act passed the same session for the better providing suitable quarters for officers and soldiers in his Majesty’s service in North America.

Also, that the keeping a standing army in several of these colonies, in time of peace, without the consent of the legislature of that colony in which the army is kept, is against law.

To these grievous acts and measures Americans cannot submit, but in hopes that their fellow subjects in Great-Britain will, on a revision of them, restore us to that state in which both countries found happiness and prosperity, we have for the present only resolved to pursue the following peaceable measures: 1st. To enter into a non-importation, non-consumption, and non-exportation agreement or association. 2. To prepare an address to the people of Great-Britain, and a memorial to the inhabitants of British Amer-ica, & 3. To prepare a loyal address to his Majesty, agreeable to resolutions already entered into.

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Virginia Bill of Rights June 12, 1776

Opposition to Britain in the colonial legislatures was intense. The Bill of Rights passed by the Virginia House of Burgesses presents arguments foreshadowing the soon-to-be-issued Declaration of Independence, asserting colonists’ equality with all other British subjects and calling on Parliament to recognize their inalienable rights.

Virginia Bill of Rights

A Declaration of Rights

Made by the Representatives of the good People of Virginia, assembled in full and free Convention, which rights to pertain to them and their posterity as the basis and foundation of government.

  • I.

    That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

  • II.

    That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amendable to them.

  • III.

    That government is, or ought to be, instituted for the common benefit, protection and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and that, when a government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable and indefeasible right to reform, alter or abolish it, in such manner as shall be judged most conducive to the public weal.

  • IV.

    That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community but in consideration of public services, which not being descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary.

  • V.

    That the legislative, executive and judicial powers should be separate and distinct; and that the members thereof may be restrained from oppression, by feeling and participating the burdens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain and regular elections, in which all, or any part of the former members to be again eligible or ineligible, as the laws shall direct.

  • VI.

    That all elections ought to be free, and that all men having sufficient evidence of permanent common interest with, and attachment to the community have the right of suffrage, and cannot be taxed, or deprived of their property for public uses, without their own consent, or that of their representatives so elected, nor bound by any law to which they have not in like manner assented, for the public good.

  • VII.

    That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.

  • VIII.

    That in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty, except by the law of the land or the judgment of his peers.

  • IX.

    That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

  • X.

    That general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offence is not particularly Edition: current; Page: [158] described and supported by evidence, are grievous and oppressive, and ought not to be granted.

  • XI.

    That in controversies respecting property, and in suits between man and man, the ancient trial by jury of twelve men is preferable to any other, and ought to be held sacred.

  • XII.

    That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.

  • XIII.

    That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State; that standing armies in time of peace should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.

  • XIV.

    That the people have a right to uniform government; and therefore, that no government separate from or independent of the government of Virginia, ought to be erected or established within the limits thereof.

  • XV.

    That no free government, or the blessing of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality and virtue, and by a frequent recurrence to fundamental principles.

  • XVI.

    That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the duty of all to practice Christian forbearance, love and charity towards each other.

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On Civil Liberty, Passive Obedience, and Non-resistance

Jonathan Boucher (1738–1804) was an Episcopal minister and tutor to, among others, the stepson of George Washington. A loyalist, or “Tory,” who believed the colonists had no right to rebel against the acts of Parliament, Boucher preached non-resistance to an increasingly hostile audience until 1775 when, fearing for his life, he returned to England. In 1797, he published thirteen of his sermons against colonial resistance under the title A View of the Causes and Consequences of the American Revolution. The sermon reprinted here, the twelfth in the series, was given as an answer to a 1775 sermon preached on the same subjects and biblical texts by a Reverend Duché.

On Civil Liberty, Passive Obedience, and Non-resistance *

Galatians, ch. v. ver. 1

Stand fast, therefore, in the liberty wherewith Christ hath made us free.

It is not without much sincere concern that I find myself thus again constrained to animadvert on the published opinions of another Clergyman, of great worth and amiableness of character—a Clergyman whom I have the pleasure to know, and who, I believe, is not more generally known than he is beloved. If his opinions had been confined to points of little moment, and on which even mistakes could have done no great harm, I could have been well contented to have let this pass down the stream of time, with a long list of similar patriotic publications, without any animadversions of mine. But if what he has published, even with good intentions, be, as I think it clearly is, of a pernicious and dangerous tendency, (and the more so, perhaps, from it’s being delivered in the form of a sermon,) I owe no apology either to him, or to any man, for thus endeavouring to furnish you with an antidote to the poison which has been so industriously dispersed among you.

To have become noted either as a political writer or preacher, as some (who at least are unacquainted with my preaching) are pleased to tell you I now am, is a circumstance that gives me no pleasure. I was sorry to hear the observation; not (I thank God!) from any consciousness of my having ever written or preached any thing, of which (at least in point of principle) I have reason to be ashamed; but because it is painful to reflect, that it should have fallen to my lot to live in times, and in a country, in which such subjects demand the attention of every man. Convinced in my judgment that it is my duty to take the part which I have taken, though I cannot but lament it’s not having produced all the beneficial consequences which I fondly flattered myself it might, I dare not allow myself to discontinue it. The time, I know, has been, when addresses of this sort from English pulpits were much more frequent than they now are. Even now, however, they are not wholly discontinued: sermons on political topics, on certain stated days, are still preached, and with the authority of Government. This is mentioned to obviate a charge, that I am singular in continuing this practice; as it proves that such preaching is not yet proscribed from our pulpits. That a change, indeed, in this respect, as well in the principles as in the conduct of modern preachers, has taken place among us, is readily confessed: but that it is a change for the better, has no where yet been proved. A comparison of the 30th of January sermons of the present times, with those of our older Divines, might suggest many not uninteresting reflections: but as it is no part of my purpose to seat myself in a censorial chair, I enter not into the disquisition; but shall content myself with cursorily observing, that if the Edition: current; Page: [160] political sermons of the present day be more popular than those of our predecessors, it is owing, too probably, to their being also more frivolous (not to say more unsound, and less learned) than such compositions used to be.

But, without being influenced by the principles or the practices of other preachers, I must, for myself, be permitted to think it incumbent on me to watch and attend to circumstances as they arise; such, more especially, as nearly concern the welfare of the people committed to my charge. In any such politics as do not touch the conscience, nor trench upon duty, I hope I neither feel nor take more interest than mankind in general do: but there is a sense in which politics, properly understood, form an essential branch of Christian duty. These politics take in a very principal part, if not the whole, of the second table of the Decalogue, which contains our duty to our neighbour.

It is from this second table that the compilers of our Catechism have very properly deduced the great duty of honouring and obeying the king, and all that are put in authority under him. Reverently to submit ourselves to all our governors, teachers, spiritual pastors, and masters, is indeed a duty so essential to the peace and happiness of the world, that St. Paul thinks no Christian could be ignorant of it: and therefore, when he recommends it to Titus as a topic on which he should not fail frequently to insist, he supposes it would be sufficient if his converts were put in mind to be subject to principalities and powers, to obey magistrates, and to be ready to every good work. This, however, is as direct and clear a commission for a Christian minister’s preaching on politics, in the just sense of the word, on all proper occasions, as can be produced for our preaching at all on any subject. Let me hope, then, that I now stand sufficiently vindicated as a preacher of politics (if such an one I am to be deemed) by having proved, that, in thus preaching, I do no more than St. Paul enjoined: all I pretend to, all I aim at, is to put you in mind only of your duty to your neighbour *.

It is, however, not a little mortifying to the few friends of the good old principles of the Church of England yet left among us to observe (as it is impossible they should fail to observe) that offence is taken, not so much because some of us preach on politics, as because we preach what are called unpopular politics. Preachers who are less anxious to speak right, than smooth things, are now hardly less numerous among us, in proportion to our population, than such men were among the puritans in the last century: and their discourses are not only preached, but published, “at the request of battalions, generals, and commanders in chief.” But, wo unto that people who studiously place temptations in the way of the ministers of God to handle the word of God deceitfully! and wo unto those ministers who are thus tempted to cause the people to err, by their lies and their lightness!

Let me humbly hope, then, that, whilst I thus continue to plead in behalf of Government, I may continue to experience the same indulgence which those persons do who speak against it. The ground I have taken, I am aware, is deemed untenable; but, having now just gone over that ground with great care, I feel a becoming confidence that I shall not easily be driven from it. The same diligence, the same plain honest course of proceeding which I have taken, will, I trust, produce the same effects with all of you, who, not being yet absorbed within the vortex of party, are still happy in the possession of minds open to conviction. With no others do I presume to argue. That I am persevering in the pursuit of this unpopular course, I readily own; yet I feel I want spirits to enter on any such discussions with those persons among us, who, settling controverted points with their hands rather than with their tongues, demonstrate with tar and feathers, fetch arguments from prisons, and confute by confiscation and exile.

To find out the true and precise meaning of any passage of Scripture, it is in general necessary to know the circumstances of the writer, and his end and aim in writing. St. Paul, the author of my text, was deeply involved in that very natural but perplexing dispute which soon arose among the first converts, and even among the Disciples, concerning the observance of the ritual services; and how far they were, or were not, obligatory on Christians. There are few of his writings, in some part or other of which this great question does not come forward. It evidently runs through the whole of this epistle to the Galatians, as well as through this particular verse.

The Jewish zealots (like their ancestors in the wilderness, who ever and anon murmured for want of the flesh-pots in Egypt) were perpetually troubling the infant church on the subject of this question. It became our Apostle, then, diligently to labour after the removal of this difficulty. This he undertakes to do; and very satisfactorily obviates the difficulty by a comparison of the two dispensations, the former of which he proves to have been a yoke of bondage when put in competition with that perfect law of liberty now promulged to the world. The law of Moses was no doubt well contrived and adapted to the singular circumstances of the people to whom it was given; yet, when a revelation still better adapted to the general circumstances of mankind was made known, it was a most unaccountable instance of folly and perverseness in that people to wish to be again entangled in a yoke which neither they nor their forefathers were well able to bear. Emancipated as they now were from so burthensome a service, it was to act the part of madmen still to hug their chains.

Freely offered, however, as the Gospel of uncircumcision now was to the Jew first and also to the Gentile, it behoved the latter also (who, as well as their brethren of the law, were called unto liberty) to stand fast. It is true they were not, as the Jews were, made free from the servile observance of days, and months, and times, and years; to which they had never been subjected. But there was another kind of subjection or slavery, not less oppressive, from which they were now released; I mean the slavery of sin. Heretofore they were the servants of sin; but now, they were no more servants, but sons; and if sons, then heirs of God through Christ. Admitted to this blessed privilege, and no longer the children of Hagar and of Ishmael, but of Sarah and of Isaac, the exhortation is with great propriety addressed to them also: Stand fast in the liberty wherewith Christ hath made you free.

As the liberty here spoken of respected the Jews, it denoted an exemption from the burthensome services of the ceremonial law: as it respected the Gentiles, it meant a manumission from bondage under the weak and beggarly elements of the world, and an admission into the covenant of grace: and as it respected both in common, it meant a freedom from the servitude of sin. Every sinner is, literally, a slave; for, his servants ye are, to whom ye obey:—and the only true liberty is the liberty of being the servants of God; Edition: current; Page: [162] for, his service is perfect freedom. The passage cannot, without infinite perversion and torture, be made to refer to any other kind of liberty; much less to that liberty of which every man now talks, though few understand it. However common this term has been, or is, in the mouths chiefly of those persons who are as little distinguished for the accuracy as they are for the paucity of their words; and whatever influence it has had on the affairs of the world, it is remarkable that it is never used (at least not in any such sense as it is elsewhere used) in any of the laws either of God or men. Let a minister of God, then, stand excused if (taught by him who knoweth what is fit and good for us better than we ourselves, and is wont also to give us more than either we desire or deserve) he seeks not to amuse you by any flowery panegyrics on liberty. Such panegyrics are the productions of ancient heathens and modern patriots: nothing of the kind is to be met with in the Bible, nor in the Statute Book. The word liberty, as meaning civil liberty, does not, I believe, occur in all the Scriptures. With the aid of a concordance I find only two or three passages, in two apocryphal writers, that look at all like it. In the xivth chapter and 26th verse of the 1st of Maccabees, the people are said to owe much gratitude to Simon, the high-priest, for having renewed a friendship and league with the Lacedemonians, confirmed the league with the Romans, established Israel, and confirmed their liberty. But it is evident that this expression means, not that the Jews were then to be exempted from any injunctions, or any restraints, imposed upon them by their own lawful government; but only that they were delivered from a foreign jurisdiction and from tributary payments, and left free to live under the law of Moses. The only circumstance relative to government, for which the Scriptures seem to be particularly solicitous, is in inculcating obedience to law-ful governors, as well knowing where the true danger lies. Nevertheless, as occasion has lately been taken from this text, on which I am now to discourse, to treat largely on civil liberty and government, (though for no other reason that appears but that the word liberty happens to stand in the text,) I entreat your indulgence, whilst, without too nicely scrutinizing the propriety of deducing from a text a doctrine which it clearly does not suggest, I once more adopt a plan already chalked out for me, and deliver to you what occurs to me as proper for a Christian audience to attend to on the subject of Liberty.

It has just been observed, that the liberty inculcated in the Scriptures, (and which alone the Apostle had in view in this text,) is wholly of the spiritual or religious kind. This liberty was the natural result of the new religion in which mankind were then instructed; which certainly gave them no new civil privileges. They remained subject to the governments under which they lived, just as they had been before they became Christians, and just as others were who never became Christians; with this difference only, that the duty of submission and obedience to Government was enjoined on the converts to Christianity with new and stronger sanctions. The doctrines of the Gospel make no manner of alteration in the nature or form of Civil Government; but enforce afresh, upon all Christians, that obedience which is due to the respective Constitutions of every nation in which they may happen to live. Be the supreme power lodged in one or in many, be the kind of government established in any country absolute or limited, this is not the concern of the Gospel. It’s single object, with respect to these public duties, is to enjoin obedience to the laws of every country, in every kind or form of government.

The only liberty or freedom which converts to Christianity could hope to gain by becoming Christians, was the being exempted from sundry burthensome and servile Jewish ordinances, on the one hand; and, on the other, from Gentile blindness and superstition. They were also in some measure perhaps made more free in the inner man; by being endowed with greater firmness of mind in the cause of truth, against the terrors and the allurements of the world; and with such additional strength and vigour as enabled them more effectually to resist the natural violence of their lusts and passions. On all these accounts it was that our Saviour so emphatically told the Jews, that the truth (of which himself was now the preacher) would make them free *. And on the same principle St. James terms the Gospel the perfect law of liberty.

In the infancy of Christianity, it would seem that some rumour had been spread (probably by Judas of Galilee, who is mentioned in the Acts †) that the Gospel was designed to undermine kingdoms and commonwealths; as if the intention of our Saviour’s first coming had been the same with that which is reserved for the second, viz. to put down all rule, and all authority, and all power. On this supposition the apparent solicitude of our Saviour and his Edition: current; Page: [163] Apostles, in their frequent and earnest recommendation of submission to the higher powers, is easily and naturally accounted for. Obedience to Government is every man’s duty, because it is every man’s interest: but it is particularly incumbent on Christians, because (in addition to it’s moral fitness) it is enjoined by the positive commands of God: and therefore, when Christians are disobedient to human ordinances, they are also disobedient to God. If the form of government under which the good providence of God has been pleased to place us be mild and free, it is our duty to enjoy it with gratitude and with thankfulness; and, in particular, to be careful not to abuse it by licentiousness. If it be less indulgent and less liberal than in reason it ought to be, still it is our duty not to disturb and destroy the peace of the community, by becoming refractory and rebellious subjects, and resisting the ordinances of God. However humiliating such acquiescence may seem to men of warm and eager minds, the wisdom of God in having made it our duty is manifest. For, as it is the natural temper and bias of the human mind to be impatient under restraint, it was wise and merciful in the blessed Author of our religion not to add any new impulse to the natural force of this prevailing propensity, but, with the whole weight of his authority, altogether to discountenance every tendency to disobedience.

If it were necessary to vindicate the Scriptures for this their total unconcern about a principle which for many other writings seem to regard as the first of all human considerations, it might be observed, that, avoiding the vague and declamatory manner of such writings, and avoiding also the useless and impracticable subtleties of metaphysical definitions, these Scriptures have better consulted the great general interests of mankind, by summarily recommending and enjoining a conscientious reverence for law whether human or divine. To respect the laws, is to respect liberty in the only rational sense in which the term can be used; for liberty consists in a subserviency to law *. “Where there is no law,” says Mr. Locke, “there is no freedom.” The mere man of nature (if such an one there ever was) has no freedom: all his lifetime he is subject to bondage. It is by being included within the pale of civil polity and government that he takes his rank in society as a free man.

Hence it follows, that we are free, or otherwise, as we are governed by law, or by the mere arbitrary will, or wills, of any individual, or any number of individuals. And liberty is not the setting at nought and despising established laws—much less the making our own wills the rule of our own actions, or the actions of others—and not bearing (whilst yet we dictate to others) the being dictated to, even by the laws of the land; but it is the being governed by law, and by law only. The Greeks described Eleutheria, or Liberty, as the daughter of Jupiter, the supreme fountain of power and law. And the Romans, in like manner, always drew her with the pretor’s wand, (the emblem of legal power and authority,) as well as with the cap. Their idea, no doubt, was, that liberty was the fair fruit of just authority, and that it consisted in men’s being subjected to law. The more carefully well-devised restraints of law are enacted, and the more rigorously they are executed in any country, the greater degree of civil liberty does that country enjoy. To pursue liberty, then, in a manner not warranted by law, whatever the pretence may be, is clearly to be hostile to liberty: and those persons who thus promise you liberty, are themselves the servants of corruption.

“Civil liberty (says an excellent writer ) is a severe and a restrained thing; implies, in the notion of it, authority, settled subordinations, subjection, and obedience; and is altogether as much hurt by too little of this kind, as by too much of it. And the love of liberty, when it is indeed the love of liberty, which carries us to withstand tyranny, will as much carry us to reverence authority, and to support it; for this most obvious reason, that one is as necessary to the being of liberty, as the other is destructive of it. And, therefore, the love of liberty which does not produce this effect, the love of liberty which is not a real principle of dutiful behaviour towards authority, is as hypocritical as the religion which is not productive of a good life. Licentiousness is, in truth, such an excess of liberty as is of the same nature with tyranny. For, what is the difference betwixt them, but that one is lawless power exercised under pretence of authority, or by persons vested with it; the other, lawless Edition: current; Page: [164] power exercised under pretence of liberty, or without any pretence at all? A people, then, must always be less free in proportion as they are more licentious; licentiousness being not only different from liberty, but directly contrary to it—a direct breach upon it.”

True liberty, then, is a liberty to do every thing that is right, and the being restrained from doing any thing that is wrong. So far from our having a right to do every thing that we please, under a notion of liberty, liberty itself is limited and confined—but limited and confined only by laws which are at the same time both it’s foundation and it’s support. It can, however, hardly be necessary to inform you, that ideas and notions respecting liberty, very different from these, are daily suggested in the speeches and the writings of the times; and also that some opinions on the subject of government at large, which appear to me to be particularly loose and dangerous, are advanced in the sermon now under consideration; and that, therefore, you will acknowledge the propriety of my bestowing some farther notice on them both.

It is laid down in this sermon, as a settled maxim that the end of government is “the common good of mankind.” I am not sure that the position itself is indisputable *; but, if it were, it would by no means follow that, “this common good being matter of common feeling, government must therefore have been instituted by common consent.” There is an appearance of logical accuracy and precision in this statement; but it is only an appearance. The position is vague and loose; and the assertion is made without an attempt to prove it. If by men’s “common feelings” we are to understand that principle in the human mind called common sense, the assertion is either unmeaning and insignificant, or it is false. In no instance have mankind ever yet agreed as to what is, or is not, “the common good.” A form or mode of government cannot be named, which these “common feelings” and “common consent,” the sole arbiters, as it seems, of “common good,” have not, at one time or another, set up and established, and again pulled down and reprobated. What one people in one age have concurred in establishing as the “common good,” another in another age have voted to be mischievous and big with ruin. The premises, therefore, that “the common good is matter of common feeling,” being false, the consequence drawn from it, viz. that government was instituted by “common consent,” is of course equally false.

This popular notion, that government was originally formed by the consent or by a compact of the people, rests on, and is supported by, another similar notion, not less popular, nor better founded. This other notion is, that the whole human race is born equal; and that no man is naturally Edition: current; Page: [165] inferior, or, in any respect, subjected to another; and that he can be made subject to another only by his own consent. The position is equally ill-founded and false both in it’s premises and conclusions. In hardly any sense that can be imagined is the position strictly true; but, as applied to the case under consideration, it is demonstrably not true. Man differs from man in every thing that can be supposed to lead to supremacy and subjection, as one star differs from another star in glory. It was the purpose of the Creator, that man should be social: but, without government, there can be no society; nor, without some relative inferiority and superiority, can there be any government. A musical instrument composed of chords, keys, or pipes, all perfectly equal in size and power, might as well be expected to produce harmony, as a society composed of members all perfectly equal to be productive of order and peace. If (according to the idea of the advocates of this chimerical scheme of equality) no man could rightfully be compelled to come in and be a member even of a government to be formed by a regular compact, but by his own individual consent; it clearly follows, from the same principles, that neither could he rightfully be made or compelled to submit to the ordinances of any government already formed, to which he has not individually or actually consented. On the principle of equality, neither his parents, nor even the vote of a majority of the society, (however virtuously and honourably that vote might be obtained,) can have any such authority over any man. Neither can it be maintained that acquiescence implies consent; because acquiescence may have been extorted from impotence or incapacity. Even an explicit consent can bind a man no longer than he chooses to be bound. The same principle of equality that exempts him from being governed without his own consent, clearly entitles him to recall and resume that consent whenever he sees fit; and he alone has a right to judge when and for what reasons it may be resumed.

Any attempt, therefore, to introduce this fantastic system into practice, would reduce the whole business of social life to the wearisome, confused, and useless task of mankind’s first expressing, and then withdrawing, their consent to an endless succession of schemes of government. Governments, though always forming, would never be completely formed: for, the majority to-day, might be the minority tomorrow; and, of course, that which is now fixed might and would be soon unfixed. Mr. Locke indeed says, that, “by consenting with others to make one body-politic under government, a man puts himself under an obligation to every one of that society to submit to the determination of the majority, and to be concluded by it.” For the sake of the peace of society, it is undoubtedly reasonable and necessary that this should be the case: but, on the principles of the system now under consideration, before Mr. Locke or any of his followers can have authority to say that it actually is the case, it must be stated and proved that every individual man, on entering into the social compact, did first consent, and declare his consent, to be concluded and bound in all cases by the vote of the majority. In making such a declaration, he would certainly consult both his interest and his duty; but at the same time he would also completely relinquish the principle of equality, and eventually subject himself to the possibility of being governed by ignorant and corrupt tyrants *. Mr. Locke himself afterwards disproves his own position respecting this supposed obligation to submit to the “determination of the majority,” when he argues that a right of resistance still exists in the governed: for, what is resistance but a recalling and resuming the consent heretofore supposed to have been given, and in fact refusing to submit to the “determination of the majority?” It does not clearly appear what Mr. Locke exactly meant by what he calls “the determination of the majority:” but the only rational and practical public manner of declaring “the determination of the majority,” is by law: the laws, therefore, in all countries, even in those that are despotically governed, are to be regarded as the declared “determination of a majority” of the members of that community; because, in such cases, even acquiescence only must be looked upon as equivalent to a declaration. A right of resistance, therefore, for which Edition: current; Page: [166] Mr. Locke contends, is incompatible with the duty of submitting to the determination of “the majority,” for which he also contends.

It is indeed impossible to carry into effect any government which, even by compact, might be framed with this reserved right of resistance. Accordingly there is no record that any such government ever was so formed. If there had, it must have carried the seeds of it’s decay in it’s very constitution. For, as those men who make a government (certain that they have the power) can have no hesitation to vote that they also have the right to unmake it; and as the people, in all circumstances, but more especially when trained to make and unmake governments, are at least as well disposed to do the latter as the former, it is morally impossible that there should be any thing like permanency or stability in a government so formed. Such a system, therefore, can produce only perpetual dissensions and contests, and bring back mankind to a supposed state of nature; arming every man’s hand, like Ishmael’s, against every man, and rendering the world an aceldama, or field of blood.—Such theories of government seem to give something like plausibility to the notions of those other modern theorists, who regard all governments as invasions of the natural rights of men, usurpations, and tyranny. On this principle it would follow, and could not be denied, that government was indeed fundamentally, as our people are sedulously taught it still is, an evil. Yet it is to government that mankind owe their having, after their fall and corruption, been again reclaimed, from a state of barbarity and war, to the conveniency and the safety of the social state: and it is by means of government that society is still preserved, the weak protected from the strong, and the artless and innocent from the wrongs of proud oppressors. It was not without reason, then, that Mr. Locke asserted, that a greater wrong cannot be done to prince and people, than is done by “propagating wrong notions concerning government.”

Ashamed of this shallow device, that government originated in superior strength and violence, another party, hardly less numerous, and certainly not less confident than the former, fondly deduce it from some imaginary compact. They suppose that, in the decline perhaps of some fabulous age of gold, a multitude of human beings, who, like their brother beasts, had hitherto ranged the forests, without guide, overseer, or ruler—at length convinced, by experience, of the impossibility of living either alone with any degree of comfort or security, or together in society, with peace, without government, had (in some lucid interval of reason and reflection) met together in a spacious plain, for the express purpose of framing a government. Their first step must have been the transferring to some individual, or individuals, some of those rights which are supposed to have been inherent in each of them: of these it is essential to government that they should be divested; yet can they not, rightfully, be deprived of them, otherwise than by their own consent. Now, admitting this whole supposed assembly to be perfectly equal as to rights, yet all agreed as to the propriety of ceding some of them, on what principles of equality is it possible to determine, either who shall relinquish such a portion of his rights, or who shall be invested with such new accessory rights? By asking another to exercise jurisdiction over me, I clearly confess that I do not think myself his equal; and by his consenting to exercise such authority, he also virtually declares that he thinks himself superior. And, to establish this hypothesis of a compact, it is farther necessary that the whole assembly should concur in this opinion—a concurrence so extremely improbable, that it seems to be barely possible. The supposition that a large concourse of people, in a rude and imperfect state of society, or even a majority of them, should thus rationally and unanimously concur to subject themselves to various restrictions, many of them irksome and unpleasant, and all of them contrary to all their former habits, is to suppose them possessed of more wisdom and virtue than multitudes in any instance in real life have ever shewn. Another difficulty respecting this notion may yet be mentioned. Without a power of life and death, it will, I presume, be readily admitted that there could be no government. Now, admitting it to be possible that men, from motives of public and private utility, may be induced to submit to many heavy penalties, and even to corporal punishment, inflicted by the sentence of the law, there is an insuperable objection to any man’s giving to another a power over his life: this objection is, that no man has such a power over his own life; and cannot therefore transfer to another, or to others, be they few or many, on any conditions, a right which he does not himself possess. He only who gave life, can give the authority to take it away: and as such authority is essential to government, this argument seems very decidedly to prove, not only that government did not originate in any compact, but also that it was originally from God *.

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This visionary idea of a government by compact was, as Filmer says, “first hatched in the schools; and hath, ever since, been fostered by Papists, for good divinity.” For some time, the world seemed to regard it merely as another Utopian fiction; and it was long confined to the disciples of Rome and Geneva, who, agreeing in nothing else, yet agreed in this. In an evil hour it gained admittance into the Church of England; being first patronized by her during the civil wars, by “a few miscreants, who were as far from being true Protestants, as true Subjects.” Mankind have listened, and continue to listen to it with a predilection and partiality, just as they do to various other exceptionable notions, which are unfavourable to true religion and sound morals; merely from imagining, that if such doctrines be true, they shall no longer be subjected to sundry restraints, which, however wholsome and proper, are too often unpalatable to our corrupt natures. What we wish to be true, we easily persuade ourselves is true. On this principle it is not difficult to account for our thus eagerly following these ignes fatui of our own fancies or “feelings,” rather than the sober steady light of the word of God; which (in this instance as well as in others) lies under this single disadvantage, that it proposes no doctrines which may conciliate our regards by flattering our pride.

If, however, we can even resolve no longer to be bewildered by these vain imaginations, still the interesting question presses on us, “Where,” in the words of Plato *, “where shall we look for the origin of government?” Let Plato himself instruct us. Taught then by this oracle of Heathen wisdom, “we will take our stations there, where the prospect of it is most easy and most beautiful.” Of all the theories respecting the origin of government with which the world has ever been either puzzled, amused, or instructed, that of the Scriptures alone is accompanied by no insuperable difficulties.

It was not to be expected from an all-wise and all-merciful Creator, that, having formed creatures capable of order and rule, he should turn them loose into the world under the guidance only of their own unruly wills; that, like so many wild beasts, they might tear and worry one another in their mad contests for preeminence. His purpose from the first, no doubt, was, that men should live godly and sober lives. But, such is the sad estate of our corrupted nature, that, ever since the Fall, we have been averse from good, and prone to evil. We are, indeed, so disorderly and unmanageable, that, were it not for the restraints and the terrors of human laws, it would not be possible for us to dwell together. But as men were clearly formed for society, and to dwell together, which yet they cannot do without the restraints of law, or, in other words, without government, it is fair to infer that government was also the original intention of God , who never decrees the end, without also decreeing the means. Accordingly, when man was made, his Maker did not turn him adrift into a shoreless ocean, without star or compass to steer by. As soon as there were some to be governed, there were also some to govern: and the first man, by virtue of that paternal claim, on which all subsequent governments have been founded, was first invested with the power of government. For, we are not to judge of the Scriptures of God, as we do of some other writings; and so, where no express precept appears, Edition: current; Page: [168] hastily to conclude that none was given. On the contrary, in commenting on the Scriptures, we are frequently called upon to find out the precept from the practice. Taking this rule, then, for our direction in the present instance, we find, that, copying after the fair model of heaven itself, wherein there was government even among the angels, the families of the earth were subjected to rulers, at first set over them by God: for, there is no power, but of God; the powers that be are ordained of God. The first father was the first king: and if (according to the rule just laid down) the law may be inferred from the practice, it was thus that all government originated; and monarchy is it’s most an-cient form.

Little risque is run in affirming, that this idea of the patriarchal origin of government has not only the most and best authority of history, as far as history goes, to support it; but that it is also by far the most natural, most consistent, and most rational idea. Had it pleased God not to have interfered at all in the case, neither directly nor indirectly, and to have left mankind to be guided only by their own uninfluenced judgments, they would naturally have been led to the government of a community, or a nation, from the natural and obvious precedent of the government of a family. In confirmation of this opinion, it may be observed, that the patriarchal scheme is that which always has prevailed, and still does prevail, among the most enlightened people *: and (what is no slight attestation of it’s truth) it has also prevailed, and still does prevail, among the most unenlightened . According to Vitruvius, the rudiments of architecture are to be found in the cottage: and, according to Aristotle, the first principles of government are to be traced to private families. Kingdoms and empires are but so many larger families: and hence it is that our Church,Edition: current; Page: [169] in perfect conformity with the doctrine here inculcated, in her explication of the fifth commandment, from the obedience due to parents, wisely derives the congenial duty of honouring the king and all that are put in authority under him.

It is from other passages of Scripture, from the nature of the thing, from the practice of Adam, and from the practice of all nations (derived from and founded on this precedent) that we infer that Adam had and exercised sovereign power over all his issue. But the first instance of power exercised by one human being over another is in the subjection of Eve to her husband. This circumstance suggests Edition: current; Page: [170] sundry reflections, of some moment in this argument. In the first place, it shews that power is not a natural right. Adam could not have assumed, nor could Eve have submitted to it, had it not been so ordained of God. It is, therefore, equally an argument against the domineering claims of despotism, and the fantastic notion of a compact. It proves too, that there is a sense in which it may, with truth, be asserted, that government was originally founded in weakness and in guilt: that it may and must be submitted to by a fallen creature, even when exercised by a fallen creature, lost both to wisdom and goodness. The equality of nature (which, merely as it respects an ability to govern, may be admitted, only because God, had he so seen fit, might have ordained that the man should be subjected to the woman) was superseded by the actual interference of the Almighty, to whom alone original underived power can be said to belong.

Even where the Scriptures are silent, they instruct: for, in general, whatever is not therein commanded is actually forbidden. Now, it is certain that mankind are no where in the Scriptures commanded to resist authority; and no less certain that, either by direct injunction, or clear implication, they are commanded to be subject to the higher powers: and this subjection is said to be enjoined, not for our sakes only, but also for the Lord’s sake. The glory of God is much concerned, that there should be good government in the world: it is, therefore, the uniform doctrine of the Scriptures, that it is under the deputation and authority of God alone that kings reign and princes decree justice. Kings and princes (which are only other words for supreme magistrates) were doubtless created and appointed, not so much for their own sakes, as for the sake of the people committed to their charge: yet are they not, therefore, the creatures of the people. So far from deriving their authority from any supposed consent or suffrage of men, they receive their commission from Heaven; they receive it from God, the source and original of all power. However obsolete, therefore, either the sentiment or the language may now be deemed, it is with the most perfect propriety that the supreme magistrate, whether consisting of one or of many, and whether denominated an emperor, a king, an archon, a dictator, a consul, or a senate, is to be regarded and venerated as the vicegerent of God.

But were the texts usually appealed to on this topic more dubious than (we bless God!) they are, the example of the Christian legislator may, at least to Christians, well stand in the place of all precepts. There are not many questions, in which the interests of mankind are more nearly concerned than they are in ascertaining their duty as subjects. It is therefore very improbable, that the Saviour of the world should have left the world in the dark, in an affair of so much moment: but that he should have misled his followers, and that Christians should have been exposed to the hazard of becoming bad subjects even through the inadvertence of their founder, it is little less than blasphemy to suppose. We are therefore deeply interested to find out, if we can, what it was that our Saviour really thought, said, and did, in the case; and for what purpose.

It is readily acknowledged, that his history (in which alone his laws are contained) does not dwell copiously on the duties of sovereigns and subjects. This appearance of inattention, we may be assured, was not permitted without design: nor, in fact, is our duty on this point (any more than it is in others) the less forcibly inculcated by our having been left to find out the precept from his practice. On one point, however, of great moment in this discussion, the gospel history, when properly understood, is full and decided; viz. that every thing our blessed Lord either said or did, pointedly tended to discourage the disturbing a settled government. Hence it is fair to infer the judgment of Jesus Christ to have been, that the most essential duty of subjects with respect to government was (in the phraseology of a prophet) to be quiet, and to sit still. Yet, had he judged of Edition: current; Page: [171] questions of this nature as we do, he certainly did not want motives to induce him to excite commotions in the government of Judea; and such motives too as (according to human reckoning) are highly meritorious and honourable. At the time when he was upon earth, his country groaned under an unjust and most oppressive bondage. It had just been subdued by a people, whose chief motive for over-running the world with their conquests was a lust of dominion: and it was as arbitrarily governed, as it had been iniquitously acquired. The Jews, it is true, were not then eminent, at least as a nation, for their virtues: but they were not chargeable with that “un-Roman spirit,” as one of our orators expressed himself, or (to borrow the congenial phraseology of another) that “degeneracy of soul,” which led them tamely to submit to their oppressors. A general opinion prevailed in the nation, that the expected Messiah would deliver them from this galling vassalage; that he was to be, not a spiritual, but a temporal, prince—a prince who should restore to Israel the supremacy, of which the Romans had deprived it—who should reign in all secular pomp and power in the throne of David—and, having subdued the rest of the world, make Jerusalem the seat of an universal monarchy. The very name given to him imports royalty and sovereignty: and he really was the legal heir to the crown of Judea.

In support of this assertion, it is to be observed, that the Jews had two ways of tracing their genealogies, by a kind of double descent; the one natural, the other legal. The natural descent was when a person, by natural generation, descends from another; the legal, when one not naturally descended from another, yet succeeded, as nearest of kin, to the inheritance. St. Luke deduces the natural line of Christ from David; and shews how Christ, by Nathan, is the son of David, according to the flesh, by natural descent: whereas St. Matthew deduces the legal line of Christ also from David, shewing how Christ, as Solomon’s heir, and lawful king of the Jews, succeeded, as nearest of kin, to sit upon the throne of David his father: and the Evangelist is so satisfied with the legality of this genealogy, that he calls Christ, “the born king of the Jews,” that is to say, the person who was their king by birth *. The Jews themselves could name none of their nation who was nearer than he was. None of them ever produced any legal exception against him; and therefore, whilst a large party, convinced of the validity of his title to the throne by birth, wished to confirm it by election, and to make him a king, all that the friends of the Power who was in possession, or his enemies, could do to defeat his claim, was to get the Romans on their side, by artfully insinuating that the best of all titles was that which had been obtained by conquest: hence, their cry was, We will have no king but Caesar!

Add to this—It is well known that in no instance whatever did our Saviour give greater offence to his countrymen than he did by not gratifying them in their expectations of a temporal deliverance. For this opinion of his title to the throne was not taken up at random; nor only by a few persons, merely to serve some bye-ends of their own. The idea pervades his whole history. It was one of the chief grounds of the enmity of his countrymen towards him, and the only plausible pretence on which he could be arraigned. And, notwithstanding his repeated declarations that his kingdom was not of this world, yet it was on this account that at last he was brought as a lamb to the slaughter.

When it is asserted that Christianity made no alteration in the civil affairs of the world, the assertion should neither be made, nor understood, without some qualification. The injunction to render unto Caesar the things that are Caesar’s, is no doubt very comprehensive; implying that unless we are good Subjects, we cannot be good Christians: but then we are to render unto Caesar, or the supreme magistrate, that obedience only to which God has given him a just claim: our paramount duty is to God, to whom we are to render the things that are God’s. If, therefore, in the course of human affairs, a case should occur (and no doubt such cases do often occur) in which the performance of both these obligations becomes incompatible, we cannot long be at a loss in determining that it is our duty to obey God rather than men. The worship of idols, as well as sacrifices and auguries, certainly entered into, and made a part of, the civil policy of ancient Rome. Temples dedicated to a variety of false deities were under the peculiar care of the Senate. The office of Pontifex Maximus, or High Priest, was annexed to the title of Emperor. Now, surely, it was the intention of the Founder of Christianity, and it is the natural tendency of it’s doctrines, to produce some alteration in things of this sort. In Mahometan countries, a plurality of wives is allowed by law: in many countries still Pagan, the worship of images is enjoined by the State: in several parts of Africa, parents who are past labour are, by the laws of the land, exposed by their children to be torn in pieces by wild beasts: and even in so civilized a country as China, children are thus exposed by their parents, with Edition: current; Page: [172] the sanction and authority of the laws. Would Christianity endure such shocking outrages against all that is humane, moral, or pious, though supported by Government? It certainly would not: for the spirit of St. Paul, when he saw the city of Athens wholly given to idolatry, was so stirred in him, that, for disputing publicly with certain philosophers of the Epicureans and of the Stoics, they carried him unto Areopagus; where, far from shrinking from his duty, he openly arraigned all the people of Athens, of being too superstitious. This charge he founded on his having seen an altar with this inscription, To the unknown God; which yet was not set up contrary to law. Sundry improprieties, sanctioned by legal authority, were censured by Christ himself. Was it not by virtue of his regal power that, as one having authority, he cast the buyers and sellers out of the temple; who yet were there, and pursuing their usual callings, with the public permission? Still, though they certainly were not restrained by any idea that all interference with the civil affairs of the world was contrary to Christianity, it no where appears, that either our Saviour, or any of his apostles, ever did interfere with the affairs of any government, or the administration of any government, otherwise than by submitting to them. Yet, let it not be said, that he who could have commanded more than twelve legions of angels, wanted power or means to have resisted, and with effect, that pusillanimous Roman governor, who, from the basest of all motives, gave sentence, that a person in whom he declared he found no fault, should be put to death, merely to gratify a senseless, malicious, and clamorous multitude. Let it not be said, that his pretensions to sovereignty were either romantic or dubious: a great multitude of his cotemporaries and countrymen, being in number about five thousand, thought so favourably of them, that they would have set him on their throne in that way by which alone we are now told authority over a free people can properly be obtained, viz. by the suffrages of the people. To assert his claim de jure against those who held it de facto, they would fain have taken him by force (that is, no doubt, in opposition to the Romans and their adherents) to make him a king. That he was not restrained from gratifying these natural wishes of so large a number of his impatient countrymen, by any apprehensions of his being evil-spoken of, as a pestilent fellow, one who perverted the people, forbidding to give tribute to Caesar, and saying that he himself was king, may very rationally be inferred from his having submitted to no less unmerited aspersions with invincible fortitude: and his yielding at last to the ignominy of the cross, proves that he was not to be deterred from doing any thing which he knew would redound either to the glory of God, or the good of man-kind, by the dread of any calumnies, or the terrors of any sufferings *.

His constant discouragement, therefore, of a scheme so well calculated not only to promote his own elevation, but to emancipate his country (had he estimated either worldly grandeur, or the condition of subjects under government, according to our ideas) would have been inconsistent with that love to mankind which he manifested in every other action of his life. The only rational conclusion, therefore, that the case will admit of, is, that he thought it would be better, both for Judea in particular, and for the world in general, that in the former case the people should not be distracted by a revolution, and in the latter that there should be no precedent to which revolutionists might appeal: his words were not meant to bear merely a local and circumscribed, but a general and extended application, when he directed his followers to render unto Caesar the things that are Caesar’s: his practice was conformable to this precept; and so would ours be, were we but practically convinced that it is enough for the disciple to be as his master, and the servant as his lord. As Christians, solicitous to tread in the steps in which our Saviour trod, the tribute of civil obedience is as much due to our civil rulers, even Edition: current; Page: [173] though they should happen to be invaders like the Romans, and though, like Herod, the ministers of government should chance to be oppressors, as the duty of religious obedience is a debt which we owe to the King of kings, and Lord of lords.

Nor let this be deemed a degrading and servile principle: it is the very reverse; and it is this it’s superior dignity which proves it’s celestial origin. For, whilst other doctrines and other systems distract the world with disputes and debates which admit of no decision, and of wars and fightings which are almost as endless as they are useless, it is the glory of Christianity to teach her votaries patiently to bear imperfections, inconveniences and evils in government, as in every thing else that is human. This patient acquiescence under some remediless evils is not more our duty than it is our interest: for, the only very intolerable grievance in government is, when men allow themselves to disturb and destroy the peace of the world, by vain attempts to render that perfect, which the laws of our nature have ordained to be imperfect. And there is more magnanimity, as well as more wisdom, in enduring some present and certain evils, than can be manifested by any projects of redress that are uncertain; but which, if they fail, may bring down irretrievable ruin on thousands of others, as well as on ourselves: since to suffer nobly indicates more greatness of mind than can be shewn even by acting valiantly. Wise men, therefore, in the words of a noted philosopher, * will “rather choose to brook with patience some inconveniences under government (because human affairs cannot possibly be without some) than self-opinionatedly disturb the quiet of the public.” And, weighing the justice of those things you are about, not by the persuasion and advice of private men, but by the laws of the realm, you will no longer suffer ambitious men, through the streams of your blood, to wade to their own power; but esteem it better to enjoy yourselves in the present state, though perhaps not the best, than, by waging war, endeavour to procure a reformation in another age, yourselves “in the meanwhile either killed, or consumed with age.”

This long enquiry concerning the divine origin and authority of government might perhaps have been deemed rather curious than useful, were it not of acknowledged moment, that some dangerous inferences which are usually drawn from the contrary opinion should be obviated. One of these dangerous inferences it seems to have been the aim of the sermon now before me to inculcate. Government being assumed to be a mere human ordinance, it is thence inferred, that “rulers are the servants of the public”: and, if they be, no doubt it necessarily follows, that they may (in the coarse phrase of the times) be cashiered or continued in pay, be reverenced or resisted, according to the mere whim or caprice of those over whom they are appointed to rule. Hence the author of this sermon also takes occasion to enter his protest against “passive obedience and non-resistance.”

It really is a striking feature in our national history, that, ever since the Revolution, hardly any person of any note has preached or published a sermon, into which it was possible to drag this topic, without declaring against this doctrine. It seems to have been made a kind of criterion or test of principle, and the watch-word of a party. For, it cannot well be said, that the circumstances of the times, or the temper of men’s minds, either lately have been, or now are, such as particularly to call for these studied and repeated protestations. What is not less remarkable is, that whilst the right of resistance has thus incessantly been delivered from the pulpit, insisted on by orators, and inculcated by statesmen, the contrary position is still (I believe) the dictate of religion, and certainly the doctrine of the established Church, and still also the law of the land.

You are not now to learn my mind on this point. As, however, the subject has again been forced on me, let me be permitted again to obviate, if I can, some fresh misrepresentations, and again to correct some new mistakes.

All government, whether lodged in one or in many, is, in it’s nature, absolute and irresistible. It is not within the competency even of the supreme power to limit itself; because such limitation can emanate only from a superior. For any government to make itself irresistible, and to cease to be absolute, it must cease to be supreme; which is but saying, in other words, that it must dissolve itself, or be destroyed. If, then, to resist government be to destroy it, every man who is a subject must necessarily owe to the government under which he lives an obedience either active or passive: active, where the duty enjoined may be performed without offending God; and passive, (that is to say, patiently to submit to the penalties annexed to disobedience,) where that which is commanded by man is forbidden by God. No government upon earth can rightfully compel any one of it’s subjects to an active compliance with any Edition: current; Page: [174] thing that is, or that appears to his conscience to be, inconsistent with, or contradictory to, the known laws of God: because every man is under a prior and superior obligation to obey God in all things. When such cases of incompatible demands of duty occur, every well-informed person knows what he is to do; and every well-principled person will do what he ought, viz. he will submit to the ordinances of God, rather than comply with the commandments of men. In thus acting he cannot err; and this alone is “passive obedience,” which I entreat you to observe is so far from being “unlimited obedience,” (as it’s enemies wilfully persist to miscall it,) that it is the direct contrary. Resolute not to disobey God, a man of good principles determines, in case of competition, as the lesser evil, to disobey man: but he knows that he should also disobey God, were he not, at the same time, patiently to submit to any penalties incurred by his disobedience to man.

With the fancies or the follies of the injudicious defenders of this doctrine, who, in the heat of controversy, have argued for the exclusive irresistibility of kings, merely in their personal capacity, I have no concern. Such arguments are now to be met with only in the answers of those equally injudicious, but less candid, opposers of the doctrine, who (as though there were any gallantry in taking a fortress that is no longer defended) persist to combat a phantom which, now at least, may be said to be of their own creating. In the present state of things, when a resistance is recommended, it must be, not against the king alone, but against the laws of the land. To encourage undistinguishing multitudes, by the vague term of resistance, to oppose all such laws as happen not to be agreeable to certain individuals, is neither more nor less than, by a regular plan, to attempt the subversion of the government: and I am not sure but that such attacks are more dangerous to free than to absolute governments.

Even the warmest advocates for resistance acknowledge, that, like civil liberty, the term is incapable of any accurate definition *. Particular cases of injury and oppression are imagined: on which arguments are founded, to shew that mankind must be determined and governed, not by any known and fixed laws, but “by a law antecedent and paramount to all positive laws of men;” “by their natural sense and feelings.” These unwritten, invisible, and undefinable “antecedent laws;” this indescribable “natural sense and feelings;” these “hidden powers and mysteries” in our Constitution, are points too refined and too subtle for argument. Indeed it can be to little purpose to argue, either on resistance or on any other subject, with men who are so weak as to declaim, when it is incumbent on them to reason.

Without any encouragement, mankind, alas! are, of themselves, far too prone to be presumptuous and self-willed; always disposed and ready to despise dominion, and to speak evil of dignities. There is, says a learned writer , such a “witchcraft in rebellion, as to tempt men to be rebels, even though they are sure to be damned for it.” What dreadful confusions and calamities must have been occasioned in the world, had such strong and dangerous natural propensities been directly encouraged by any positive law! It was surely, then, merciful and wise in the Almighty Ruler of the world, to impose on his creatures the general law of obedience without any exceptions. A non-resisting spirit never yet made any man a bad subject. And if men of such mild and yielding tempers have shewn less ardour, than many others do, in the pursuit of that liberty which makes so conspicuous a figure in the effusions of orators and poets, it can be only for this reason, that they think it is precisely that kind of liberty which has so often set the world in an uproar, and that therefore it would be better for the world if it were never more heard of . If they are mistaken, Edition: current; Page: [175] their mistakes are at least harmless: and there is much justice, as well as great good sense, in Bishop Hall’s remark, that “some quiet errors are better than some unruly truths.”

When, not long since, a noted patriot * declared, in his place in Parliament, that he knew no difference between a revolution and a rebellion, excepting that in the former an attempt to alter the form of government succeeded, and in the latter it did not, the sentiment was objected to as licentious and seditious. Yet, on the principles of the advocates of resistance, he said no more than he might easily have defended: nor am I sure but that (notwithstanding the pains which the public men of that period took to guard against such an inference, in their debates on the word abdication) on these principles the promoters of the revolution itself, emphatically so called, must submit to the imputation of having effected it by resistance. It was clearly a successful revolution. If, then, this was the case as to the revolution, how, it may be asked, did it differ, in point of principle, either from the grand rebellion that preceded it, or either of the subsequent rebellions for the purpose of restoring the abdicated family? and how, on the same principles, can we condemn the murder of the father, and vindicate the expulsion of the son?—Mr. Locke, like many inferior writers, when defending resistance, falls into inconsistencies, and is at variance with himself. “Rebellion being,” as he says, “an opposition not to persons, but to authority, which is founded only in the constitution and laws of the government, those, whoever they be, who by force break through, and by force justify their violation of them, are truly and properly rebels.” To this argument no one can object: but it should be attended to, that, in political consideration, it is hardly possible to dissociate the ideas of authority in the abstract from persons vested with authority. To resist a person legally vested with authority, is, I conceive, to all intents and purposes, the same thing as to resist authority. Nothing, but it’s success, could have rescued the revolution from this foul imputation, had it not been for the abdication. Accordingly this great event has always hung like a mill-stone on the necks of those who must protest against rebellions; whilst yet their system of politics requires that they should approve of resistance, and the revolution.

The resistance which your political counsellors urge you to practise, (and which no doubt was intended to be justified by the sermon which I have now been compelled to notice,) is not a resistance exerted only against the persons invested with the supreme power either legislative or executive, but clearly and literally against authority. Nay, if I at all understand the following declaration made by those who profess that they are the disciples of Mr. Locke, you are encouraged to resist not only all authority over us as it now exists, but any and all that it is possible to constitute. “Can men who exercise their reason believe, that the Divine Author of our existence intended a part of the human race to hold an absolute property in, and an unbounded power over, others marked out by his infinite wisdom and goodness as the objects of a legal domination never rightfully resistible, however severe and oppressive?” It might be hazardous, perhaps, for me, even under the shelter of a Scripture phrase, to call these words great swelling words; Edition: current; Page: [176] because they are congressional words. That they have excited a very general panic, and many apprehensions of a real impending slavery, is no more than might have been expected in a country where there is literally “absolute property in, and unbounded power over, human beings.” How far this was intended, I presume not to judge. But, involved and obscure as the language (in which these extraordinary sentiments are couched) must be confessed to be, the declaration certainly points at all government: and it’s full meaning amounts to a denial of that just supremacy which “the Divine Author of our existence” has beyond all question given to “one part of the human race” to hold over another. Without some paramount and irresistible power, there can be no government. In our Constitution, this supremacy is vested in the King and the Parliament; and, subordinate to them, in our Provincial Legislatures. If you were now released from this constitutional power, you must differ from all others “of the human race,” if you did not soon find yourselves under a necessity of submitting to a power no less absolute, though vested in other persons, and a government differently constituted. And much does it import you to consider, whether those who are now so ready to promise to make the grievous yoke of your fathers lighter, may not themselves verify Rehoboam’s assertion, and make you feel that their little fingers are thicker than your father’s loins.

Be it (for the sake of argument) admitted, that the government under which till now you have lived happily, is, most unaccountably, all at once become oppressive and severe; did you, of yourselves, make the discovery? No: I affirm, without any apprehension of being contradicted, that you are acquainted with these oppressions only from the report of others. For what, then, (admitting you have a right to resist in any case,) are you now urged to resist and rise against those whom you have hitherto always regarded (and certainly not without reason) as your nursing fathers and nursing mothers? Often as you have already heard it repeated without expressing any disapprobation, I assure myself it will afford you no pleasure to be reminded, that it is on account of an insignificant duty on tea, imposed by the British Parliament; and which, for aught we know, may or may not be constitutionally imposed; but which, we well know, two thirds of the people of America can never be called on to pay. Is it the part of an understanding people, of loyal subjects, or of good Christians, instantly to resist and rebel for a cause so trivial? O my brethren, consult your own hearts, and follow your own judgments! and learn not your “measures of obedience” from men who weakly or wickedly imagine there can be liberty unconnected with law—and whose aim it is to drive you on, step by step, to a resistance which will terminate, if it does not begin, in rebellion! On all such trying occasions, learn the line of conduct which it is your duty and interest to observe, from our Constitution itself: which, in this particular, is a fair transcript or exemplification of the ordinance of God. Both the one and the other warn you against resistance: but you are not forbidden either to remonstrate or to petition. And can it be humiliating to any man, or any number of men, to ask, when we have but to ask and it shall be given? Is prayer an abject duty; or do men ever appear either so great, or so amiable, as when they are modest and humble? However meanly this privilege of petitioning may be regarded by those who claim every thing as a right, they are challenged to shew an instance, in which it has failed, when it ought to have succeeded. If, however, our grievances, in any point of view, be of such moment as that other means of obtaining redress should be judged expedient, happily we enjoy those means. In a certain sense, some considerable portion of legislation is still in our own hands. We are supposed to have chosen “fit and able” persons to represent us in the great council of our country: and they only can constitutionally interfere either to obtain the enacting of what is right, or the repeal of what is wrong *. If Edition: current; Page: [177] we, and our fellow-subjects, have been conscientiously faithful in the discharge of our duty, we can have no reason to doubt that our delegates will be equally faithful in the discharge of theirs. Our Provincial Assemblies, it is true, are but one part of our Colonial Legislature: they form, however, that part which is the most efficient. If the present general topic of complaint be, in their estimation, well founded, and a real and great grievance, what reason have you to imagine that all the Assemblies on the Continent will not concur and be unanimous in so represent-ing it? And if they should all concur so to represent it, it is hardly within the reach of supposition that all due attention will not be paid to their united remonstrances. So many and such large concessions have often been made, at the instance only of individual Assemblies, that we are warranted in relying, that nothing which is reasonable and proper will ever be withheld from us, provided only it be asked for with decency, and that we do not previously forfeit our title to attention by becoming refractory and rebellious.

Let it be supposed, however, that even the worst may happen, which can happen; that our remonstrances are disregarded, our petitions rejected, and our grievances unredressed: what, you will naturally ask—what, in such a case, would I advise you to do?—Advice, alas! is all I have to give; which, however, though you may condescend to ask and to regard it, will neither be asked, nor accepted, by those who alone can give it great effect. Yet, circumscribed as our sphere of influence is, we are not wholly without influence; and therefore, even in our humble department, we have some duties to perform. To your question, therefore, I hesitate not to answer, that I wish and advise you to act the part of reasonable men, and of Christians. You will be pleased to observe, however, that I am far from thinking that your virtue will ever be brought to so severe a test and trial. The question, I am aware, was an ensnaring one, suggested to you by those who are as little solicitous about your peace, as they are for my safety: the answer which, in condescension to your wishes, I have given to it, is direct and plain; and not more applicable to you, than it is to all the people of America. If you think the duty of threepence a pound upon tea, laid on by the British Parliament, a grievance, it is your duty to instruct your members to take all the constitutional means in their power to obtain redress: if those means fail of success, you cannot but be sorry and grieved; but you will better bear your disappointment, by being able to reflect that it was not owing to any misconduct of your own. And, what is the whole history of human life, public or private, but a series of disappointments? It might be hoped that Christians would not think it grievous to be doomed to submit to disappointments and calamities, as their Master submitted, even if they were as innocent. His disciples and first followers shrunk from no trials nor dangers *. Treading in the steps of him who, when he was reviled, blessed, and when he was persecuted, suffered it, they willingly laid down their lives, rather than resist some of the worst tyrants that ever disgraced the annals of history. Those persons are as little acquainted with general history, as they are with the particular doctrines of Christianity, who represent such submission as abject and servile. I affirm, with great authority, that “there can be no better way of asserting the people’s lawful rights, than the disowning unlawful commands, by thus patiently suffering.” When this doctrine was more generally Edition: current; Page: [178] embraced, our holy religion gained as much by submission, as it is now in a fair way of losing for want of it.

Having, then, my brethren, thus long been tossed to and fro in a wearisome circle of uncertain traditions, or in speculations and projects still more uncertain, concerning government, what better can you do than, following the Apostle’s advice, to submit yourselves to every ordinance of man, for the Lord’s sake; whether it be to the King as supreme, or unto GOVERNORS, as unto them that are SENT by him for the punishment of evil-doers, and for the praise of them that do well? For, so is the will of God, that with well-doing ye may put to silence the ignorance of foolish men: as free, and not using your liberty for a cloke of maliciousness, but as the servants of God. Honour all men: love the brotherhood: fear God: honour the king.

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Common Sense

Thomas Paine (1737–1809) was born in England but frequently referred to himself as a “citizen of the world.” He moved to America in 1774, where he was soon involved in the struggle with Great Britain. Paine’s powerful rhetoric had a significant effect on the course of events in America. Common Sense was by far the most widely read pamphlet of its day and was credited by George Washington, among others, with swaying public opinion in favor of separation from Great Britain. Paine’s advocacy of American independence and republicanism represents the most radical edge of thought during this time. In addition to his writings urging revolution in America, he took an active part in the early days of the French Revolution, before being imprisoned by France’s revolutionary government. He was saved from execution only by the fall from power (and execution) of the French revolutionary leader Robespierre. His revolutionary activities and frequent attacks against Christian ministers and churches made him many enemies, including in America, and he spent his last years in relative isolation and poverty.

Common Sense

On the Origin and Design of Government in General, with Concise Remarks on the English Constitution

Some writers have so confounded society with government, as to leave little or no distinction between them; whereas they are not only different, but have different origins. Society is produced by our wants and government by our wickedness; the former promotes our happiness positively by uniting our affections, the latter negatively by restraining our vices. The one encourages intercourse, the other creates distinctions. The first is a patron, the last a punisher.

Society in every state is a blessing, but government, even in its best state, is but a necessary evil; in its worst state an intolerable one: for when we suffer, or are exposed to the same miseries by a government, which we might expect in a country without government, our calamity is heightened by reflecting that we furnish the means by which we suffer. Government, like dress, is the badge of lost innocence; the palaces of kings are built upon the ruins of the bowers of paradise. For were the impulses of conscience clear, uniform and irresistibly obeyed, man would need no other law-giver; but that not being the case, he finds it necessary to surrender up a part of his property to furnish means for the protection of the rest; and this he is induced to do by the same prudence which in every other case advises him, out of two evils to choose the least. Wherefore, security being the true design and end of government, it unanswerably follows that whatever form thereof appears most likely to ensure it to us, with the least expence and greatest benefit, is preferable to all others.

In order to gain a clear and just idea of the design and end of government, let us suppose a small number of persons settled in some sequestered part of the earth, unconnected with the rest; they will then represent the first peopling of any country, or of the world. In this state of natural liberty, society will be their first thought. A thousand motives will excite them thereto; the strength of one man is so unequal to his wants, and his mind so unfitted for perpetual solitude, that he is soon obliged to seek assistance and relief of another, who in his turn requires the same. Four or five united would be able to raise a tolerable dwelling in the midst of a wilderness, but one man might labor out the common period of life without accomplishing any thing; when he had felled his timber he could not remove it, nor erect it after it was removed; hunger in the mean time would urge him to quit his work, and every different want would call him a different way. Disease, nay even misfortune, would be death; for though neither might be mortal, yet either would disable him from living, and reduce him to a state in which he might rather be said to perish than to die.

Thus necessity, like a gravitating power, would soon form our newly arrived emigrants into society, the reciprocal blessings of which would supercede, and render the obligations of law and government unnecessary while they remained perfectly just to each other; but as nothing but Edition: current; Page: [180] Heaven is impregnable to vice, it will unavoidably happen that in proportion as they surmount the first difficulties of emigration, which bound them together in a common cause, they will begin to relax in their duty and attachment to each other: and this remissness will point out the necessity of establishing some form of government to supply the defect of moral virtue.

Some convenient tree will afford them a State House, under the branches of which the whole colony may assemble to deliberate on public matters. It is more than probable that their first laws will have the title only of regulations and be enforced by no other penalty than public disesteem. In this first parliament every man by natural right will have a seat.

But as the colony increases, the public concerns will increase likewise, and the distance at which the members may be separated, will render it too inconvenient for all of them to meet on every occasion as at first, when their number was small, their habitations near, and the public concerns few and trifling. This will point out the convenience of their consenting to leave the legislative part to be managed by a select number chosen from the whole body, who are supposed to have the same concerns at stake which those have who appointed them, and who will act in the same manner as the whole body would act were they present. If the colony continue increasing, it will become necessary to augment the number of representatives, and that the interest of every part of the colony may be attended to, it will be found best to divide the whole into convenient parts, each part sending its proper number: and that the elected might never form to themselves an interest separate from the electors, prudence will point out the propriety of having elections often: because as the elected might by that means return and mix again with the general body of the electors in a few months, their fidelity to the public will be secured by the prudent reflection of not making a rod for themselves. And as this frequent interchange will establish a common interest with every part of the community, they will mutually and naturally support each other, and on this, (not on the unmeaning name of king,) depends the strength of government, and the happiness of the governed.

Here then is the origin and rise of government; namely, a mode rendered necessary by the inability of moral virtue to govern the world; here too is the design and end of government, viz. freedom and security. And however our eyes may be dazzled with show, or our ears deceived by sound; however prejudice may warp our wills, or interest darken our understanding, the simple voice of nature and reason will say, ’tis right.

I draw my idea of the form of government from a principle in nature which no art can overturn, viz. that the more simple any thing is, the less liable it is to be disordered, and the easier repaired when disordered; and with this maxim in view I offer a few remarks on the so much boasted Constitution of England. That it was noble for the dark and slavish times in which it was erected, is granted. When the world was overrun with tyranny the least remove therefrom was a glorious rescue. But that it is imperfect, subject to convulsions, and incapable of producing what it seems to promise, is easily demonstrated.

Absolute governments, (though the disgrace of human nature) have this advantage with them, they are simple; if the people suffer, they know the head from which their suffering springs; know likewise the remedy; and are not bewildered by a variety of causes and cures. But the Constitution of England is so exceedingly complex, that the nation may suffer for years together without being able to discover in which part the fault lies; some will say in one and some in another, and every political physician will advise a different medicine.

I know it is difficult to get over local or long standing prejudices, yet if we will suffer ourselves to examine the component parts of the English Constitution, we shall find them to be the base remains of two ancient tyrannies, compounded with some new Republican materials.

First.—The remains of monarchical tyranny in the person of the king.

Secondly.—The remains of aristocratical tyranny in the persons of the peers.

Thirdly.—The new Republican materials, in the persons of the Commons, on whose virtue depends the freedom of England.

The two first, by being hereditary, are independent of the people; wherefore in a constitutional sense they contribute nothing towards the freedom of the State.

To say that the Constitution of England is an union of three powers, reciprocally checking each other, is farcical; either the words have no meaning, or they are flat contradictions.

To say that the Commons is a check upon the king, presupposes two things.

First.—That the king is not to be trusted without being looked after; or in other words, that a thirst for absolute power is the natural disease of monarchy.

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Secondly.—That the Commons, by being appointed for that purpose, are either wiser or more worthy of confidence than the crown.

But as the same constitution which gives the Commons a power to check the king by withholding the supplies, gives afterwards the king a power to check the Commons, by empowering him to reject their other bills; it again supposes that the king is wiser than those whom it has already supposed to be wiser than him. A mere absurdity!

There is something exceedingly ridiculous in the composition of monarchy; it first excludes a man from the means of information, yet empowers him to act in cases where the highest judgment is required. The state of a king shuts him from the world, yet the business of a king requires him to know it thoroughly; wherefore the different parts, by unnaturally opposing and destroying each other, prove the whole character to be absurd and useless.

Some writers have explained the English Constitution thus: the king, say they, is one, the people another; the peers are a house in behalf of the king, the Commons in behalf of the people; but this hath all the distinctions of a house divided against itself; and though the expressions be pleasantly arranged, yet when examined they appear idle and ambiguous; and it will always happen, that the nicest construction that words are capable of, when applied to the description of something which either cannot exist, or is too incomprehensible to be within the compass of description, will be words of sound only, and though they may amuse the ear, they cannot inform the mind: for this explanation includes a previous question, viz. how came the king by a power which the people are afraid to trust, and always obliged to check? Such a power could not be the gift of a wise people, neither can any power, which needs checking, be from God; yet the provision which the Constitution makes supposes such a power to exist.

But the provision is unequal to the task; the means either cannot or will not accomplish the end, and the whole affair is a Felo de se: for as the greater weight will always carry up the less, and as all the wheels of a machine are put in motion by one, it only remains to know which power in the constitution has the most weight, for that will govern: and though the others, or a part of them, may clog, or, as the phrase is, check the rapidity of its motion, yet so long as they cannot stop it, their endeavours will be ineffectual: The first moving power will at last have its way, and what it wants in speed is supplied by time.

That the crown is this overbearing part in the English Constitution needs not be mentioned, and that it derives its whole consequence merely from being the giver of places and pensions is self-evident; wherefore, though we have been wise enough to shut and lock a door against absolute Monarchy, we at the same time have been foolish enough to put the crown in possession of the key.

The prejudice of Englishmen, in favor of their own government, by king, lords and Commons, arises as much or more from national pride than reason. Individuals are undoubtedly safer in England than in some other countries: but the will of the king is as much the law of the land in Britain as in France, with this difference, that instead of proceeding directly from his mouth, it is handed to the people under the formidable shape of an act of Parliament. For the fate of Charles the First hath only made kings more subtle—not more just.

Wherefore, laying aside all national pride and prejudice in favor of modes and forms, the plain truth is that it is wholly owing to the constitution of the people, and not to the constitution of the government that the crown is not as oppressive in England as in Turkey.

An inquiry into the constitutional errors in the English form of government, is at this time highly necessary; for as we are never in a proper condition of doing justice to others, while we continue under the influence of some leading partiality, so neither are we capable of doing it to ourselves while we remain fettered by any obstinate prejudice. And as a man who is attached to a prostitute is unfitted to choose or judge of a wife, so any prepossession in favor of a rotten constitution of government will disable us from discerning a good one. . . .

Thoughts on the Present State of American Affairs

In the following pages I offer nothing more than simple facts, plain arguments, and common sense: and have no other preliminaries to settle with the reader, than that he will divest himself of prejudice and prepossession, and suffer his reason and his feelings to determine for themselves: that he will put on, or rather that he will not put off, the true character of a man, and generously enlarge his views beyond the present day.

Volumes have been written on the subject of the struggle between England and America. Men of all ranks have embarked in the controversy, from different motives, and with various designs; but all have been ineffectual, and the period of debate is closed. Arms as the last resource decide Edition: current; Page: [182] the contest; the appeal was the choice of the king, and the continent has accepted the challenge.

It hath been reported of the late Mr. Pelham (who though an able minister was not without his faults) that on his being attacked in the House of Commons on the score that his measures were only of a temporary kind, replied, “they will last my time.” Should a thought so fatal and unmanly possess the colonies in the present contest, the name of ancestors will be remembered by future generations with detestation.

The sun never shone on a cause of greater worth. ’Tis not the affair of a city, a county, a province, or a kingdom; but of a continent—of at least one eighth part of the habitable globe. ’Tis not the concern of a day, a year, or an age; posterity are virtually involved in the contest, and will be more or less affected even to the end of time, by the proceedings now. Now is the seed-time of continental union, faith and honor. The least fracture now will be like a name engraved with the point of a pin on the tender rind of a young oak; the wound would enlarge with the tree, and posterity read it in full grown characters.

By referring the matter from argument to arms, a new era for politics is struck—a new method of thinkings has arisen. All plans, proposals, &c. prior to the nineteenth of April, i.e. to the commencement of hostilities, are like the almanacks of the last year; which though proper then, are superceded and useless now. Whatever was advanced by the advocates on either side of the question then, terminated in one and the same point, viz. a union with Great Britain; the only difference between the parties was the method of effecting it; the one proposing force, the other friendship; but it has so far happened that the first has failed, and the second has withdrawn her influence.

As much has been said of the advantages of reconciliation, which, like an agreeable dream, has passed away and left us as we were, it is but right that we should examine the contrary side of the argument, and inquire into some of the many material injuries which these colonies sustain, and always will sustain, by being connected with and dependant on Great Britain. To examine that connection and dependance, on the principles of nature and common sense, to see what we have to trust to, if separated, and what we are to expect, if dependant.

I have heard it asserted by some, that as America has flourished under her former connection with Great Britain, the same connection is necessary towards her future happiness, and will always have the same effect. Nothing can be more fallacious than this kind of argument. We may as well assert that because a child has thrived upon milk, that it is never to have meat, or that the first twenty years of our lives is to become a precedent for the next twenty. But even this is admitting more than is true; for I answer roundly, that America would have flourished as much, and probably much more, had no European power taken any notice of her. The commerce by which she hath enriched herself are the necessaries of life, and will always have a market while eating is the custom of Europe.

But she has protected us, say some. That she hath engrossed us is true, and defended the continent at our expense as well as her own, is admitted; and she would have defended Turkey from the same motive, viz. for the sake of trade and dominion.

Alas! we have been long led away by ancient prejudices and made large sacrifices to superstition. We have boasted the protection of Great Britain, without considering, that her motive was interest not attachment; and that she did not protect us from our enemies on our account; but from her enemies on her own account, from those who had no quarrel with us on any other account, and who will always be our enemies on the same account. Let Britain waive her pretensions to the continent, or the continent throw off the dependance, and we should be at peace with France and Spain, were they at war with Britain. The miseries of Hanover’s last war ought to warn us against connections.

It hath lately been asserted in Parliament, that the colonies have no relation to each other but through the parent country, i.e. that Pennsylvania and the Jerseys, and so on for the rest, are sister colonies by the way of England; this is certainly a very roundabout way of proving relationship, but it is the nearest and only true way of proving enmity (or enemyship, if I may so call it.) France and Spain never were, nor perhaps ever will be, our enemies as Americans, but as our being the subjects of Great Britain.

But Britain is the parent country, say some. Then the more shame upon her conduct. Even brutes do not devour their young, nor savages make war upon their families; wherefore, the assertion, if true, turns to her reproach; but it happens not to be true, or only partly so, and the phrase parent or mother country hath been jesuitically adopted by the king and his parasites, with a low papistical design of gaining an unfair bias on the credulous weakness of our minds. Europe, and not England, is the parent country of Edition: current; Page: [183] America. This new world hath been the asylum for the persecuted lovers of civil and religious liberty from every part of Europe. Hither have they fled, not from the tender embraces of the mother, but from the cruelty of the monster; and it is so far true of England, that the same tyranny which drove the first emigrants from home, pursues their descendants still.

In this extensive quarter of the globe, we forget the narrow limits of three hundred and sixty miles (the extent of England) and carry our friendship on a larger scale; we claim brotherhood with every European Christian, and triumph in the generosity of the sentiment.

It is pleasant to observe by what regular gradations we surmount the force of local prejudices, as we enlarge our acquaintance with the world. A man born in any town in England divided into parishes, will naturally associate most with his fellow parishioners (because their interests in many cases will be common) and distinguish him by the name of neighbor; if he meet him but a few miles from home, he drops the narrow idea of a street, and salutes him by the name of townsman; if he travel out of the county and meet him in any other, he forgets the minor divisions of street and town, and calls him countryman, i.e. countyman; but if in their foreign excursions they should associate in France, or any other part of Europe, their local remembrance would be enlarged into that of Englishman. And by a just parity of reasoning, all Europeans meeting in America, or any other quarter of the globe, are countrymen; for England, Holland, Germany, or Sweden, when compared with the whole, stand in the same places on the larger scale, which the divisions of street, town, and county do on the smaller ones; distinctions too limited for continental minds. Not one third of the inhabitants, even of this province, [Pennsylvania], are of English descent. Wherefore, I reprobate the phrase of parent or mother country applied to England only, as being false, selfish, narrow and ungenerous.

But, admitting that we were all of English descent, what does it amount to? Nothing. Britain, being now an open enemy, extinguishes every other name and title: and to say that reconciliation is our duty, is truly farcical. The first king of England, of the present line (William the Conqueror) was a Frenchman, and half the peers of England are descendants from the same country; wherefore, by the same method of reasoning, England ought to be governed by France.

Much hath been said of the united strength of Britain and the colonies, that in conjunction they might bid defiance to the world. But this is mere presumption; the fate of war is uncertain, neither do the expressions mean any thing; for this continent would never suffer itself to be drained of inhabitants, to support the British arms in either Asia, Africa or Europe.

Besides, what have we to do with setting the world at defiance? Our plan is commerce, and that, well attended to, will secure us the peace and friendship of all Europe; because it is the interest of all Europe to have America a free port. Her trade will always be a protection, and her barrenness of gold and silver secure her from invaders.

I challenge the warmest advocate for reconciliation to show a single advantage that this continent can reap by being connected with Great Britain. I repeat the challenge; not a single advantage is derived. Our corn will fetch its price in any market in Europe, and our imported goods must be paid for, buy them where we will.

But the injuries and disadvantages which we sustain by that connection, are without number; and our duty to mankind at large, as well as to ourselves, instruct us to renounce the alliance: because, any submission to, or dependence on, Great Britain, tends directly to involve this continent in European wars and quarrels, and set us at variance with nations who would otherwise seek our friendship, and against whom we have neither anger nor com-plaint. As Europe is our market for trade, we ought to form no partial connection with any part of it. It is the true interest of America to steer clear of European contentions, which she never can do, while, by her dependence on Britain, she is made the make-weight in the scale of British politics.

Europe is too thickly planted with kingdoms to be long at peace, and whenever a war breaks out between England and any foreign power, the trade of America goes to ruin, because of her connection with Britain. The next war may not turn out like the last, and should it not, the advocates for reconciliation now will be wishing for separation then, because neutrality in that case would be a safer convoy than a man of war. Every thing that is right or reasonable pleads for separation. The blood of the slain, the weeping voice of nature cries, ’Tis time to part. Even the distance at which the Almighty hath placed England and America is a strong and natural proof that the authority of the one over the other, was never the design of heaven. The time likewise at which the continent was discovered, adds Edition: current; Page: [184] weight to the argument, and the manner in which it was peopled, encreases the force of it. The Reformation was preceded by the discovery of America: As if the Almighty graciously meant to open a sanctuary to the persecuted in future years, when home should afford neither friendship nor safety.

The authority of Great Britain over this continent, is a form of government, which sooner or later must have an end. And a serious mind can draw no true pleasure by looking forward, under the painful and positive conviction that what he calls “the present constitution” is merely temporary. As parents, we can have no joy, knowing that this government is not sufficiently lasting to insure any thing which we may bequeath to posterity. And by a plain method of argument, as we are running the next generation into debt, we ought to do the work of it, otherwise we use them meanly and pitifully. In order to discover the line of our duty rightly, we should take our children in our hand, and fix our station a few years farther into life; that eminence will present a prospect which a few present fears and prejudices conceal from our sight.

Though I would carefully avoid giving unnecessary offence, yet I am inclined to believe, that all those who espouse the doctrine of reconciliation, may be included within the following descriptions.

Interested men, who are not to be trusted, weak men who cannot see, prejudiced men who will not see, and a certain set of moderate men who think better of the European world than it deserves; and this last class, by an ill-judged deliberation, will be the cause of more calamities to this continent than all the other three.

It is the good fortune of many to live distant from the scene of present sorrow; the evil is not sufficiently brought to their doors to make them feel the precariousness with which all American property is possessed. But let our imaginations transport us a few moments to Boston; that seat of wretchedness will teach us wisdom, and instruct us for ever to renounce a power in whom we can have no trust. The inhabitants of that unfortunate city who but a few months ago were in ease and affluence, have now no other alternative than to stay and starve, or turn out to beg. Endangered by the fire of their friends if they continue within the city, and plundered by the soldiery if they leave it, in their present situation they are prisoners without the hope of redemption, and in a general attack for their relief they would be exposed to the fury of both armies.

Men of passive tempers look somewhat lightly over the offences of Great Britain, and, still hoping for the best, are apt to call out, Come, come, we shall be friends again for all this. But examine the passions and feelings of mankind: bring the doctrine of reconciliation to the touchstone of nature, and then tell me whether you can hereafter love, honor, and faithfully serve the power that hath carried fire and sword into your land? If you cannot do all these, then are you only deceiving yourselves, and by your delay bringing ruin upon posterity. Your future connection with Britain, whom you can neither love nor honor, will be forced and unnatural, and being formed only on the plan of present convenience, will in a little time fall into a relapse more wretched than the first. But if you say, you can still pass the violations over, then I ask, hath your house been burnt? Hath your property been destroyed before your face? Are your wife and children destitute of a bed to lie on, or bread to live on? Have you lost a parent or a child by their hands, and yourself the ruined and wretched survivor? If you have not, then are you not a judge of those who have. But if you have, and can still shake hands with the murderers, then are you unworthy the name of husband, father, friend, or lover, and whatever may be your rank or title in life, you have the heart of a coward, and the spirit of a sycophant.

This is not inflaming or exaggerating matters, but trying them by those feelings and affections which nature justifies, and without which we should be incapable of discharging the social duties of life, or enjoying the felicities of it. I mean not to exhibit horror for the purpose of provoking revenge, but to awaken us from fatal and unmanly slumbers, that we may pursue determinately some fixed object. ’Tis not in the power of Britain or of Europe to conquer America, if she doth not conquer herself by delay and timidity. The present winter is worth an age if rightly employed, but if lost or neglected the whole continent will partake of the misfortune; and there is no punishment which that man doth not deserve, be he who, or what, or where he will, that may be the means of sacrificing a season so precious and useful.

’Tis repugnant to reason, to the universal order of things, to all examples from former ages, to suppose that this continent can long remain subject to any external power. The most sanguine in Britain doth not think so. The utmost stretch of human wisdom cannot, at this time, compass a plan, short of separation, which can promise the continent even a year’s security. Reconciliation is now a fallacious Edition: current; Page: [185] dream. Nature has deserted the connection, and art cannot supply her place. For, as Milton wisely expresses, “never can true reconcilement grow where wounds of deadly hate have pierced so deep.”

Every quiet method for peace hath been ineffectual. Our prayers have been rejected with disdain; and hath tended to convince us that nothing flatters vanity or confirms obstinacy in kings more than repeated petitioning—and nothing hath contributed more than that very measure to make the kings of Europe absolute. Witness Denmark and Sweden. Wherefore, since nothing but blows will do, for God’s sake let us come to a final separation, and not leave the next generation to be cutting throats under the violated unmeaning names of parent and child.

To say they will never attempt it again is idle and visionary; we thought so at the repeal of the Stamp Act, yet a year or two undeceived us; as well may we suppose that nations which have been once defeated will never renew the quarrel.

As to government matters, ’tis not in the power of Britain to do this continent justice: the business of it will soon be too weighty and intricate to be managed with any tolerable degree of convenience, by a power so distant from us, and so very ignorant of us; for if they cannot conquer us, they cannot govern us. To be always running three or four thousand miles with a tale or a petition, waiting four or five months for an answer, which, when obtained, requires five or six more to explain it in, will in a few years be looked upon as folly and childishness. There was a time when it was proper, and there is a proper time for it to cease.

Small islands not capable of protecting themselves are the proper objects for government to take under their care; but there is something absurd, in supposing a Continent to be perpetually governed by an island. In no instance hath nature made the satellite larger than its primary planet; and as England and America, with respect to each other, reverse the common order of nature, it is evident that they belong to different systems. England to Europe: America to itself.

I am not induced by motives of pride, party or resentment to espouse the doctrine of separation and independence; I am clearly, positively, and conscientiously persuaded that it is the true interest of this continent to be so; that everything short of that is mere patchwork, that it can afford no lasting felicity,—that it is leaving the sword to our children, and shrinking back at a time when a little more, a little further, would have rendered this continent the glory of the earth.

As Britain hath not manifested the least inclination towards a compromise, we may be assured that no terms can be obtained worthy the acceptance of the continent, or any ways equal to the expence of blood and treasure we have been already put to.

The object contended for, ought always to bear some just proportion to the expense. The removal of North, or the whole detestable junto, is a matter unworthy the millions we have expended. A temporary stoppage of trade was an inconvenience, which would have sufficiently balanced the repeal of all the acts complained of, had such repeals been obtained; but if the whole continent must take up arms, if every man must be a soldier, ’tis scarcely worth our while to fight against a contemptible ministry only. Dearly, dearly do we pay for the repeal of the acts, if that is all we fight for; for, in a just estimation ’tis as great a folly to pay a Bunker Hill price for law as for land. As I have always considered the independency of this continent, as an event which sooner or later must arrive, so from the late rapid progress of the continent to maturity, the event cannot be far off. Wherefore, on the breaking out of hostilities, it was not worth the while to have disputed a matter which time would have finally redressed, unless we meant to be in earnest: otherwise it is like wasting an estate on a suit at law, to regulate the trespasses of a tenant whose lease is just expiring. No man was a warmer wisher for a reconciliation than myself, before the fatal nineteenth of April, 1775, but the moment the event of that day was made known, I rejected the hardened, sullen-tempered Pharaoh of England for ever; and disdain the wretch, that with the pretended title of Father of his people can unfeelingly hear of their slaughter, and composedly sleep with their blood upon his soul.

But admitting that matters were now made up, what would be the event? I answer, the ruin of the continent. And that for several reasons.

First. The powers of governing still remaining in the hands of the king, he will have a negative over the whole legislation of this continent. And as he hath shown himself such an inveterate enemy to liberty, and discovered such a thirst for arbitrary power, is he, or is he not, a proper person to say to these colonies, You shall make no laws but what I please!? And is there any inhabitant of America so ignorant as not to know, that according to what is called the Edition: current; Page: [186] present Constitution, this continent can make no laws but what the king gives leave to; and is there any man so unwise as not to see, that (considering what has happened) he will suffer no law to be made here but such as suits his purpose? We may be as effectually enslaved by the want of laws in America, as by submitting to laws made for us in England. After matters are made up (as it is called) can there be any doubt, but the whole power of the crown will be exerted to keep this continent as low and humble as possible? Instead of going forward we shall go backward, or be perpetually quarrelling, or ridiculously petitioning. We are already greater than the king wishes us to be, and will he not hereafter endeavor to make us less? To bring the matter to one point, Is the power who is jealous of our prosperity, a proper power to govern us? Whoever says No, to this question, is an independent for independency means no more than this, whether we shall make our own laws, or, whether the king, the greatest enemy this continent hath, or can have, shall tell us there shall be no laws but such as I like.

But the king, you will say, has a negative in England; the people there can make no laws without his consent. In point of right and good order, it is something very ridiculous that a youth of twenty-one (which hath often happened) shall say to several millions of people older and wiser than himself, “I forbid this or that act of yours to be law.” But in this place I decline this sort of reply, though I will never cease to expose the absurdity of it, and only answer that England being the king’s residence, and America not so, makes quite another case. The king’s negative here is ten times more dangerous and fatal than it can be in England; for there he will scarcely refuse his consent to a bill for putting England into as strong a state of defense as possible, and in America he would never suffer such a bill to be passed.

America is only a secondary object in the system of British politics. England consults the good of this country no further than it answers her own purpose. Wherefore, her own interest leads her to suppress the growth of ours in every case which doth not promote her advantage, or in the least interferes with it. A pretty state we should soon be in under such a second hand government, considering what has happened! Men do not change from enemies to friends by the alteration of a name: And in order to show that reconciliation now is a dangerous doctrine, I affirm, that it would be policy in the king at this time to repeal the acts, for the sake of reinstating himself in the government of the provinces; In order that he may accomplish by craft and subtlety, in the long run, what he cannot do by force and violence in the short one. Reconciliation and ruin are nearly related.

Secondly. That as even the best terms which we can expect to obtain can amount to no more than a temporary expedient, or a kind of government by guardianship, which can last no longer than till the colonies come of age, so the general face and state of things in the interim will be unsettled and unpromising. Emigrants of property will not choose to come to a country whose form of government hangs but by a thread, and who is every day tottering on the brink of commotion and disturbance; and numbers of the present inhabitants would lay hold of the interval to dispose of their effects, and quit the continent.

But the most powerful of all arguments is, that nothing but independence, i.e. a continental form of government, can keep the peace of the continent and preserve it inviolate from civil wars. I dread the event of a reconciliation with Britain now, as it is more than probable that it will be followed by a revolt some where or other, the consequences of which may be far more fatal than all the malice of Britain.

Thousands are already ruined by British barbarity; (thousands more will probably suffer the same fate). Those men have other feelings than us who have nothing suffered. All they now possess is liberty; what they before enjoyed is sacrificed to its service, and having nothing more to lose they disdain submission. Besides, the general temper of the colonies, towards a British government will be like that of a youth who is nearly out of his time; they will care very little about her: And a government which cannot preserve the peace is no government at all, and in that case we pay our money for nothing; and pray what is it that Britain can do, whose power will be wholly on paper, should a civil tumult break out the very day after reconciliation? I have heard some men say, many of whom I believe spoke without thinking, that they dreaded an independence, fearing that it would produce civil wars: It is but seldom that our first thoughts are truly correct, and that is the case here; for there is ten times more to dread from a patched up connection than from independence. I make the sufferer’s case my own, and I protest, that were I driven from house and home, my property destroyed, and my circumstances ruined, that as a man, sensible of injuries, I could never relish the doctrine of reconciliation, or consider myself bound thereby.

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The colonies have manifested such a spirit of good order and obedience to continental government, as is sufficient to make every reasonable person easy and happy on that head. No man can assign the least pretence for his fears, on any other grounds, than such as are truly childish and ridiculous, viz., that one colony will be striving for superiority over another.

Where there are no distinctions there can be no superiority; perfect equality affords no temptation. The Republics of Europe are all (and we may say always) in peace. Holland and Switzerland are without wars, foreign or domestic: Monarchical governments, it is true, are never long at rest: the crown itself is a temptation to enterprising ruffians at home; and that degree of pride and insolence ever attendant on regal authority, swells into a rupture with foreign powers in instances where a republican government, by being formed on more natural principles, would negociate the mistake.

If there is any true cause of fear respecting independence, it is because no plan is yet laid down. Men do not see their way out. Wherefore, as an opening into that business I offer the following hints; at the same time modestly affirming, that I have no other opinion of them myself, than that they may be the means of giving rise to something better. Could the straggling thoughts of individuals be collected, they would frequently form materials for wise and able men to improve into useful matter.

Let the assemblies be annual, with a president only. The representation more equal, their business wholly domestic, and subject to the authority of a Continental Congress.

Let each colony be divided into six, eight, or ten, convenient districts, each district to send a proper number of delegates to Congress, so that each colony send at least thirty. The whole number in Congress will be at least 390. Each Congress to sit and to choose a President by the following method. When the delegates are met, let a colony be taken from the whole thirteen colonies by lot, after which let the Congress choose (by ballot) a President from out of the delegates of that province. In the next Congress, let a colony be taken by lot from twelve only, omitting that colony from which the president was taken in the former Congress, and so proceeding on till the whole thirteen shall have had their proper rotation. And in order that nothing may pass into a law but what is satisfactorily just, not less than three-fifths of the Congress to be called a majority. He that will promote discord, under a government so equally formed as this, would have joined Lucifer in his revolt.

But as there is a peculiar delicacy from whom, or in what manner, this business must first arise, and as it seems most agreeable and consistent that it should come from some intermediate body between the governed and the governors, that is, between the Congress and the people, let a continental conference be held in the following manner, and for the following purpose,

A committee of twenty-six members of Congress, viz. Two for each colony. Two members from each House of Assembly, or Provincial Convention; and five representatives of the people at large, to be chosen in the capital city or town of each province, for, and in behalf of the whole province, by as many qualified voters as shall think proper to attend from all parts of the province for that purpose; or, if more convenient, the representatives may be chosen in two or three of the most populous parts thereof. In this conference, thus assembled, will be united the two grand principles of business, knowledge and power. The Members of Congress, Assemblies, or Conventions, by having had experience in national concerns, will be able and useful counsellors, and the whole, being impowered by the people, will have a truly legal authority.

The conferring members being met, let their business be to frame a Continental Charter, or Charter of the United Colonies; (answering to what is called the Magna Charta of England) fixing the number and manner of choosing Members of Congress, Members of Assembly, with their date of sitting; and drawing the line of business and jurisdiction between them: Always remembering, that our strength is continental, not provincial. Securing freedom and property to all men, and above all things, the free exercise of religion, according to the dictates of conscience; with such other matter as it is necessary for a charter to contain. Immediately after which, the said conference to dissolve, and the bodies which shall be chosen conformable to the said charter, to be the legislators and governors of this continent for the time being: Whose peace and happiness, may God preserve. Amen.

Should any body of men be hereafter delegated for this or some similar purpose, I offer them the following extracts from that wise observer on governments, Dragonetti. “The science,” says he, “of the politician consists in fixing the true point of happiness and freedom. Those men would deserve the gratitude of ages, who should discover a mode of government that contained the greatest sum of individual happiness, with the least national expense.” (Dragonetti on “Virtues and Reward.”)

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But where, say some, is the king of America? I’ll tell you, friend, he reigns above, and doth not make havoc of mankind like the royal brute of Great Britain. Yet that we may not appear to be defective even in earthly honors, let a day be solemnly set apart for proclaiming the charter; let it be brought forth placed on the divine law, the Word of God; let a crown be placed thereon, by which the world may know, that so far as we approve of monarchy, that in America the law is king. For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other. But lest any ill use should afterwards arise, let the crown at the conclusion of the ceremony be demolished, and scattered among the people whose right it is.

A government of our own is our natural right: and when a man seriously reflects on the precariousness of human affairs, he will become convinced, that it is infinitely wiser and safer, to form a Constitution of our own in a cool deliberate manner, while we have it in our power, than to trust such an interesting event to time and chance. If we omit it now, some Massanello may hereafter arise, who, laying hold of popular disquietudes, may collect together the desperate and the discontented, and by assuming to themselves the powers of government, finally sweep away the liberties of the continent like a deluge. Should the government of America return again into the hands of Britain, the tottering situation of things will be a temptation for some desperate adventurer to try his fortune; and in such a case, what relief can Britain give? Ere she could hear the news, the fatal business might be done; and ourselves suffering like the wretched Britons under the oppression of the conqueror. Ye that oppose independence now, ye know not what ye do: ye are opening a door to eternal tyranny, by keeping vacant the seat of government. There are thousands and tens of thousands, who would think it glorious to expel from the continent, that barbarous and hellish power, which hath stirred up the Indians and the Negroes to destroy us; the cruelty hath a double guilt, it is dealing brutally by us, and treacherously by them.

To talk of friendship with those in whom our reason forbids us to have faith, and our affections wounded through a thousand pores instruct us to detest, is madness and folly. Every day wears out the little remains of kindred between us and them; and can there be any reason to hope, that as the relationship expires, the affection will increase, or that we shall agree better when we have ten times more and greater concerns to quarrel over than ever?

Ye that tell us of harmony and reconciliation, can ye restore to us the time that is past? Can ye give to prostitution its former innocence? neither can ye reconcile Britain and America. The last cord now is broken, the people of England are presenting addresses against us. There are injuries which nature cannot forgive; she would cease to be nature if she did. As well can the lover forgive the ravisher of his mistress, as the continent forgive the murders of Britain. The Almighty hath implanted in us these unextinguishable feelings for good and wise purposes. They are the guardians of his image in our hearts. They distinguish us from the herd of common animals. The social compact would dissolve, and justice be extirpated from the earth, or have only a casual existence were we callous to the touches of affection. The robber and the murderer would often escape unpunished, did not the injuries which our tempers sustain, provoke us into justice.

O! ye that love mankind! Ye that dare oppose not only the tyranny but the tyrant, stand forth! Every spot of the old world is overrun with oppression. Freedom hath been hunted round the globe. Asia and Africa have long expelled her. Europe regards her like a stranger, and England hath given her warning to depart. O! receive the fugitive, and prepare in time an asylum for mankind.

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The Declaration of Independence July 4, 1776

By the time the Continental Congress had decided to declare independence from Great Britain, armed conflict had been raging for more than a year. Soldiers on both sides were dying, and it was becoming increasingly clear that Parliament would not accede to American colonists’ demands. Armed resistance would die out, however, without financial and material assistance—most prominently available from Britain’s old enemy, France. In order to secure such aid, and to solidify support among opponents of parliamentary authority in America, the Continental Congress determined to officially declare the independence of the thirteen colonies from Great Britain. Jefferson’s preamble to the Declaration, with its seemingly abstract statements of inalienable rights, is often quoted. Less quoted is the main body of the text, in which the Congress details the abuses committed by King George against his people in America. The charges are levelled against the king rather than Parliament. The principal reason for this is that Americans believed that their rights were secured through charters granted by the king. In the American view, it was the king alone, acting through colonial governments, through whom they were connected with the people and government of Great Britain.

The Declaration of Independence

In Congress, July 4, 1776,

The Unanimous Declaration of the Thirteen United States of America

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.—Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for Edition: current; Page: [190] opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws of Naturalization of Foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our People, and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their acts of pretended Legislation:

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offenses:

For abolishing the free System of English Laws in a neighboring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the United States of America, in General Congress Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political Edition: current; Page: [191] connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

  • John Hancock

  • New Hampshire

  • Josiah Bartlett

  • William Whipple

  • Matthew Thornton

  • Massachusetts

  • John Hancock

  • Samuel Adams

  • John Adams

  • Robert Treat Paine

  • Elbridge Gerry

  • Rhode Island

  • William Ellery

  • Connecticut

  • Roger Sherman

  • Samuel Huntington

  • William Williams

  • Oliver Wolcott

  • New York

  • William Floyd

  • Philip Livingston

  • Francis Lewis

  • Lewis Morris

  • New Jersey

  • Richard Stockton

  • John Witherspoon

  • Francis Hopkinson

  • John Hart

  • Abraham Clark

  • Pennsylvania

  • Robert Morris

  • Benjamin Rush

  • Benjamin Franklin

  • John Morton

  • George Clymer

  • James Smith

  • George Taylor

  • James Wilson

  • George Ross

  • Delaware

  • Caesar Rodney

  • George Read

  • Thomas McKean

  • Maryland

  • Samuel Chase

  • William Paca

  • Thomas Stone

  • Charles Carroll of Carrollton

  • Virginia

  • George Wythe

  • Richard Henry Lee

  • Thomas Jefferson

  • Benjamin Harrison

  • Thomas Nelson, Jr.

  • Francis Lightfoot Lee

  • Carter Braxton

  • North Carolina

  • William Hooper

  • Joseph Hewes

  • John Penn

  • South Carolina

  • Edward Rutledge

  • Thomas Heyward, Jr.

  • Thomas Lynch, Jr.

  • Arthur Middleton

  • Georgia

  • Button Gwinnett

  • Lyman Hall

  • George Walton

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part five: A New Constitution

Edition: current; Page: [194] Edition: current; Page: [195]

By the time the American Revolution came to its close, Americans had a great deal of experience in drafting frames of government or constitutions. Inheritors of a long tradition of charter writing, Americans had drafted their own governing documents since the earliest days of settlement in the New World. Various colonies adapted existing documents or drew up new ones in their early days of independence, and the newly independent states had formed a confederation to tend their common concerns. But the task of forming a “more perfect union” to better handle the economic and political uncertainties of life free from British rule was nonetheless monumental. Documents and essays here, building on those presented earlier, highlight the various plans and arguments put forth to secure ordered liberty for the American people, as a nation and in their various states and localities.

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Thoughts on Government

Adams was among the most influential leaders of the founding generation. He helped draft the Declaration of Independence and the Articles of Confederation and was the primary author of the Massachusetts Constitution of 1780, which is still in effect at this writing. Richard Henry Lee published Adams’s “Thoughts on Government” as a pamphlet, drawn from a letter Adams had written to George Wythe and, with slight variations, several other delegates to the First Continental Congress. In it, Adams makes the case for republican government and, more particularly, for the separation of powers among legislative, executive, and judicial branches. “Thoughts on Government” was highly influential, particularly among those drafting state constitutions.

Thoughts on Government

My dear Sir,

If I was equal to the task of forming a plan for the government of a colony, I should be flattered with your request, and very happy to comply with it; because, as the divine science of politics is the science of social happiness, and the blessings of society depend entirely on the constitutions of government, which are generally institutions that last for many generations, there can be no employment more agreeable to a benevolent mind than a research after the best.

Pope flattered tyrants too much when he said,

  • For forms of government let fools contest,
  • That which is best administered is best.

Nothing can be more fallacious than this. But poets read history to collect flowers, not fruits; they attend to fanci-ful images, not the effects of social institutions. Nothing is more certain, from the history of nations and nature of man, than that some forms of government are better fitted for being well administered than others.

We ought to consider what is the end of government, before we determine which is the best form. Upon this point all speculative politicians will agree, that the happiness of society is the end of government, as all divines and moral philosophers will agree that the happiness of the individual is the end of man. From this principle it will follow, that the form of government which communicates ease, comfort, security, or, in one word, happiness, to the greatest number of persons, and in the greatest degree, is the best.

All sober inquirers after truth, ancient and modern, pagan and Christian, have declared that the happiness of man, as well as his dignity, consists in virtue. Confucius, Zoroaster, Socrates, Mahomet, not to mention authorities really sacred, have agreed in this.

If there is a form of government, then, whose principle and foundation is virtue, will not every sober man acknowledge it better calculated to promote the general happiness than any other form?

Fear is the foundation of most governments; but it is so sordid and brutal a passion, and renders men in whose breasts it predominates so stupid and miserable, that Americans will not be likely to approve of any political institution which is founded on it.

Honor is truly sacred, but holds a lower rank in the scale of moral excellence than virtue. Indeed, the former is but a part of the latter, and consequently has not equal pretensions to support a frame of government productive of human happiness.

The foundation of every government is some principle or passion in the minds of the people. The noblest principles and most generous affections in our nature, then, have the fairest chance to support the noblest and most generous models of government.

A man must be indifferent to the sneers of modern Englishmen, to mention in their company the names of Sidney, Harrington, Locke, Milton, Nedham, Neville, Burnet, and Hoadly. No small fortitude is necessary to confess that one has read them. The wretched condition of this country, however, for ten or fifteen years past, has frequently Edition: current; Page: [197] reminded me of their principles and reasonings. They will convince any candid mind, that there is no good government but what is republican. That the only valuable part of the British constitution is so; because the very definition of a republic is “an empire of laws, and not of men.” That, as a republic is the best of governments, so that particular arrangement of the powers of society, or, in other words, that form of government which is best contrived to secure an impartial and exact execution of the laws, is the best of republics.

Of republics there is an inexhaustible variety, because the possible combinations of the powers of society are capable of innumerable variations.

As good government is an empire of laws, how shall your laws be made? In a large society, inhabiting an extensive country, it is impossible that the whole should assemble to make laws. The first necessary step, then, is to depute power from the many to a few of the most wise and good. But by what rules shall you choose your representatives? Agree upon the number and qualifications of persons who shall have the benefit of choosing, or annex this privilege to the inhabitants of a certain extent of ground.

The principle difficulty lies, and the greatest care should be employed in constituting this representative assembly. It should be in miniature an exact portrait of the people at large. It should think, feel, reason and act like them. That it may be the interest of this assembly to do strict justice at all times, it should be an equal representation, or, in other words, equal interests among the people should have equal interests in it. Great care should be taken to effect this, and to prevent unfair, partial, and corrupt elections. Such regulations, however, may be better made in times of greater tranquillity than the present; and they will spring up themselves naturally, when all the powers of government come to be in the hands of the people’s friends. At pres-ent, it will be safest to proceed in all established modes, to which the people have been familiarized by habit.

A representation of the people in one assembly being obtained, a question arises, whether all the powers of government, legislative, executive, and judicial, shall be left in this body? I think a people cannot be long free, nor ever happy, whose government is in one assembly. My reasons for this opinion are as follow:—

  • 1.

    A single assembly is liable to all the vices, follies, and frailties of an individual; subject to fits of humor, starts of passion, flights of enthusiasm, partialities, or prejudice, and consequently productive of hasty results and absurd judgments. And all these errors ought to be corrected and defects supplied by some controlling power.

  • 2.

    A single assembly is apt to be avaricious, and in time will not scruple to exempt itself from burdens, which it will lay, without compunction, on its constituents.

  • 3.

    A single assembly is apt to grow ambitious, and after a time will not hesitate to vote itself perpetual. This was one fault of the Long Parliament; but more remarkably of Holland, whose assembly first voted themselves from annual to septennial, then for life, and after a course of years, that all vacancies happening by death or otherwise, should be filled by themselves, without any application to constituents at all.

  • 4.

    A representative assembly, although extremely well qualified, and absolutely necessary, as a branch of the legislative, is unfit to exercise the executive power, for want of two essential properties, secrecy and despatch.

  • 5.

    A representative assembly is still less qualified for the judicial power, because it is too numerous, too slow, and too little skilled in the laws.

  • 6.

    Because a single assembly, possessed of all the powers of government, would make arbitrary laws for their own interest, execute all laws arbitrarily for their own interest, and adjudge all controversies in their own favor.

But shall the whole power of legislation rest in one assembly? Most of the foregoing reasons apply equally to prove that the legislative power ought to be more complex; to which we may add, that if the legislative power is wholly in one assembly, and the executive in another, or in a single person, these two powers will oppose and encroach upon each other, until the contest shall end in war, and the whole power, legislative and executive, be usurped by the strongest.

The judicial power, in such case, could not mediate, or hold the balance between the two contending powers, because the legislative would undermine it. And this shows the necessity, too, of giving the executive power a negative upon the legislative, otherwise this will be continually encroaching upon that.

To avoid these dangers, let a distinct assembly be constituted, as a mediator between the two extreme branches of the legislature, that which represents the people, and that which is vested with the executive power.

Let the representative assembly then elect by ballot, from among themselves or their constituents, or both, a Edition: current; Page: [198] distinct assembly, which, for the sake of perspicuity, we will call a council. It may consist of any number you please, say twenty or thirty, and should have a free and independent exercise of its judgment, and consequently a negative voice in the legislature.

These two bodies, thus constituted, and made integral parts of the legislature, let them unite, and by joint ballot choose a governor, who, after being stripped of most of those badges of domination, called prerogatives, should have a free and independent exercise of his judgment, and be made also an integral part of the legislature. This, I know, is liable to objections; and, if you please, you may make him only president of the council, as in Connecticut. But as the governor is to be invested with the executive power, with consent of council, I think he ought to have a negative upon the legislative. If he is annually elective, as he ought to be, he will always have so much reverence and affection for the people, their representatives and counsellors, that, although you give him an independent exercise of his judgment, he will seldom use it in opposition to the two houses, except in cases the public utility of which would be conspicuous; and some such cases would happen.

In the present exigency of American affairs, when, by an act of Parliament, we are put out of the royal protection, and consequently discharged from our allegiance, and it has become necessary to assume government for our immediate security, the governor, lieutenant-governor, secretary, treasurer, commissary, attorney-general, should be chosen by joint ballot of both houses. And these and all other elections, especially of representatives and counsellors, should be annual, there not being in the whole circle of the sciences a maxim more infallible than this, “where annual elections end, there slavery begins.”

These great men, in this respect, should be, once a year,

  • Like bubbles on the sea of matter borne,
  • They rise, they break, and to that sea return.

This will teach them the great political virtues of humil-ity, patience, and moderation, without which every man in power becomes a ravenous beast of prey.

This mode of constituting the great offices of state will answer very well for the present; but if by experiment it should be found inconvenient, the legislature may, at its leisure, devise other methods of creating them, by elections of the people at large, as in Connecticut, or it may enlarge the term for which they shall be chosen to seven years, or three years, or for life, or make any other alterations which the society shall find productive of its ease, its safety, its freedom, or, in one word, its happiness.

A rotation of all offices, as well as of representatives and counsellors, has many advocates, and is contended for with many plausible arguments. It would be attended, no doubt, with many advantages; and if the society has a sufficient number of suitable characters to supply the great number of vacancies which would be made by such a rotation, I can see no objection to it. These persons may be allowed to serve for three years, and then be excluded three years, or for any longer or shorter term.

Any seven or nine of the legislative council may be made a quorum, for doing business as a privy council, to advise the governor in the exercise of the executive branch of power, and in all acts of state.

The governor should have the command of the militia and of all your armies. The power of pardons should be with the governor and council.

Judges, justices, and all other officers, civil and military, should be nominated and appointed by the governor, with the advice and consent of council, unless you choose to have a government more popular; if you do, all officers, civil and military, may be chosen by joint ballot of both houses; or, in order to preserve the independence and importance of each house, by ballot of one house, concurred in by the other. Sheriffs should be chosen by the freeholders of counties; so should registers of deeds and clerks of counties.

All officers should have commissions, under the hand of the governor and seal of the colony.

The dignity and stability of government in all its branches, the morals of the people, and every blessing of society depend so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both the legislative and executive, and independent upon both, that so it may be a check upon both, as both should be checks upon that. The judges, therefore, should be always men of learning and experience in the laws, of exemplary morals, great patience, calmness, coolness, and attention. Their minds should not be distracted with jarring interests; they should not be dependent upon any man, or body of men. To these ends, they should hold estates for life in their offices; or, in other words, their commissions should be during good behavior, and their Edition: current; Page: [199] salaries ascertained and established by law. For misbehavior, the grand inquest of the colony, the house of representatives, should impeach them before the governor and council, where they should have time and opportunity to make their defence; but, if convicted, should be removed from their offices, and subjected to such other punishment as shall be proper.

A militia law, requiring all men, or with very few exceptions besides cases of conscience, to be provided with arms and ammunition, to be trained at certain seasons; and requiring counties, towns, or other small districts, to be provided with public stocks of ammunition and intrenching utensils, and with some settled plans for transporting provisions after the militia, when marched to defend their country against sudden invasions; and requiring certain districts to be provided with field-pieces, companies of matrosses, and perhaps some regiments of light-horse, is always a wise institution, and, in the present circumstances of our country, indispensable.

Laws for liberal education of youth, especially of the lower class of people, are so extremely wise and useful, that, to a humane and generous mind, no expense for this purpose would be thought extravagant.

The very mention of sumptuary laws will excite a smile. Whether our countrymen have wisdom and virtue enough to submit to them, I know not; but the happiness of the people might be greatly promoted by them, and a revenue saved sufficient to carry on this war forever. Frugality is a great revenue, besides curing us of vanities, levities, and fopperies, which are real antidotes to all great, manly, and warlike virtues.

But must not all commissions run in the name of a king? No. Why may they not as well run thus, “The colony of ____ to A.B. greeting,” and be tested by the governor?

Why may not writs, instead of running in the name of the king, run thus, “The colony of ____ to the sheriff,” &c., and be tested by the chief justice?

Why may not indictments conclude, “against the peace of the colony of ____ and the dignity of the same?”

A constitution founded on these principles introduces knowledge among the people, and inspires them with a conscious dignity becoming freemen; a general emulation takes place, which causes good humor, sociability, good manners, and good morals to be general. That elevation of sentiment inspired by such a government, makes the common people brave and enterprising. That ambition which is inspired by it makes them sober, industrious, and frugal. You will find among them some elegance, perhaps, but more solidity; a little pleasure, but a great deal of business; some politeness, but more civility. If you compare such a country with the regions of domination, whether monarchical or aristocratical, you will fancy yourself in Arcadia or Elysium.

If the colonies should assume governments separately, they should be left entirely to their own choice of the forms; and if a continental constitution should be formed, it should be a congress, containing a fair and adequate representation of the colonies, and its authority should sacredly be confined to those cases, namely, war, trade, disputes between colony and colony, the post-office, and the unappropriated lands of the crown, as they used to be called.

These colonies, under such forms of government, and in such a union, would be unconquerable by all the monarchies of Europe.

You and I, my dear friend, have been sent into life at a time when the greatest lawgivers of antiquity would have wished to live. How few of the human race have ever enjoyed an opportunity of making an election of government, more than of air, soil, or climate, for themselves or their children! When, before the present epocha, had three millions of people full power and a fair opportunity to form and establish the wisest and happiest government that human wisdom can contrive? I hope you will avail yourself and your country of that extensive learning and indefatigable industry which you possess, to assist her in the formation of the happiest governments and the best character of a great people. For myself, I must beg you to keep my name out of sight; for this feeble attempt, if it should be known to be mine, would oblige me to apply to myself those lines of the immortal John Milton, in one of his sonnets:—

  • I did but prompt the age to quit their clogs
  • By the known