_You A. B. Do acknowledge your self subject to the Lawes of this
Jurisdiction during your Residence under this Government, and do
here Swear, by the Great Name of the Everliving GOD, and engage your
self to be true and faithfull to the same, and not to plot,
contrive, or conceal any thing that is to the hurt or detriment
thereof._ [1652.].
This was, apparently, aimed at the Quakers, whose offensive attitude
towards the Government was made the subject of further drastic laws and
orders by the General Court, in October, 1656, and May, 1658.
_This Court having considered of the proposals presented to this
Court by several of the inhabitants of the County of Middlesex_; Do
Declare and Order, That no man whosoever, shall be admitted to the
Freedome of this Body Politick, but such as are members of some
Church of Christ and in full Communion, which they declare to be the
true intent of the ancient Law, _page the eighth of the second
Book_, Anno. 1631. [1660.]
This was construed as being directed against the members of the Church
of England, and was largely responsible for the strained relations with
his Majesty’s Commission in 1665. It was repealed before the 1672
Revision of the Laws.
For causes already mentioned the publication of the first Code of Laws,
in 1648, was unnoticed in England; but it was very different with the
publication of the second Code, in 1660. When it appeared its provisions
were subjected to critical scrutiny by enemies of the Puritan
Commonwealth, and the worst possible constructions placed upon them. In
particular, the loyalty of the framers, who took an Oath of Fidelity to
their Government, and none to the King, was questioned; and the
provisions for the admission of freemen which, practically, prohibited
members of the Church of England. By letter, his Majesty ordered a
redress of these grievances, and appointed a Commission who proceeded,
in a partisan manner, to execute their powers. In 1665, the
Commissioners presented to the General Court a list of twenty-six
changes which they desired to have made in the Code of 1660. The
principal ones were the substitution of an acknowledgment of the royal
authority for all expressions of the supremacy of the Commonwealth; a
recognition of the Church of England; and a repeal of the long-standing
limitation of citizenship to church members. To one or two of their
points the General Court gave consent. A comparison with the Code of
1672, shows that while the recognition of his majesty’s supremacy was
allowed, in a score of instances the powers of the government under
their Charter were asserted. The right of strangers to become citizens
was nominally conceded, but on conditions which afforded only a minimum
of relief to members of the Church of England.
On the 3 August, 1664 it was Ordered by the General Court:
_In Answer to that part of his Majestyes Letter_, of June 28, 1662,
_concerning admission of freemen_. This Court doth Declare, That the
Law prohibiting all persons, except Members of Churches, and, that
also for allowance of them in any County Court, are hereby Repealed,
And do hereby also Order and Enact That, from henceforth all English
men presenting a Certificate under the hand of the Ministers, or
Minister of the Place where they dwell, that they are Orthodox in
Religion, and not vicious in their Lives, and also a certificate
under the hands of the Select men of the place, or of the major Part
of them, that they are Free-holders: and are for their own propper
Estate (without heads of Persons) Rateable to the Country in a
single Country Rate, after the usuall manner of valuation in the
place where they live, to the full vallue of _Ten Shillings_, or
that they are in full Communion with some Church amongst us; It
shall be in the Liberty of all and every such Person or Persons,
being _twenty-four_ yeares of age, Householders and settled
Inhabitants in this Jurisdiction, from time to time to themselves
and their desires to this Court, for their addmittance to the
freedome of this commonwealth, and shall be allowed the priviledge,
to have such their desire Propounded and put to Vote in the General
Court, for acceptance to the freedome of the body pollitick, by the
sufferage of the major parte according to the Rules of our Patent.
[1664.].
* * * * *
It was also Ordered by the General Court on the 19 October, 1664.
_Forasmuch as several Persons who from time to time are to be made
freemen, live remote and are not able without great trouble and
charge to appear before this Court to take their respective Oaths_:
It is therefore Ordered, that henceforth it shall be in the power of
any County Court, to administer the Oath of Freedome to any persons
approved of by the General Court who shall desire the same, any Law
or Custome to the contrary notwithstanding. [1664.]
* * * * *
And, at the May, 1665, session, to conform to the criticism of his
Majesty’s Commission concerning the Oath of Allegiance:
It is ordered by this Court, & the authority thereof, that the
following oath be annexed vnto the oathes of euery freeman & oath of
fidellity, & to the Gouerno^r, Dep^{t-}Gouerno^r, & Assistants, & to
all other publicke officers, as followeth:—