Forasmuch as the consciences of sundry men, truly conscionable, may
scruple the giving or the taking of an oath, and it would be nowise
suitable to the nature and constitution of our place, who profess
ourselves to be men of different consciences and not one willing to
force another to debar such as cannot do so, either from bearing
office among us or from giving in testimony in a case depending; be
it enacted by the authority of this present Assembly, that a solemn
profession or testimony in a court of record, or before a judge of
record, shall be accounted, throughout the whole colony, of as full
force as an oath. [1647.]
This is the more remarkable because at this time the Friends did not yet
as a distinct Society, hold to the unlawfulness of oaths. And it is in
complete concordance with the teachings of Roger Williams.
Acts and Orders of the Generall Assembly, sitting at Newport, May
the 3, 1665.
Ordered, that this following shall be the forme for engaging all
officers in this Collony, called to place of publicke concernment,
&c., for the administration of justice, (viz):
Whereas, you are, A. B., by the free vote of the freemen of this
Collony of Rhode Island and Providence Plantations, &c., called and
chosen vnto the place and office of ——, in the said Collony, &c.,
doe sollemly engage true eleageance vnto his Majestye, his heires
and successors, to beare, and in your said office equall justice and
right to doe vnto all persones within this jurisdiction to the
vtmost or best of your skill and ability without partiality,
according to the laws established, or that shall be established in
this said jurisdiction; [according to the Charter as well in matters
military as civill.] And this engagement you make and give vpon the
perill of the penalty of perjury.
The reciprocall engagement is as follows, ordered to be given by he
that takes or administers the abovesaid engagement.
I doe, in the name and behalfe of this Collony, &c., re-ingage to
stand by you and to support you by all due assistance and
incouradgment in your performance and execution of your aforesaid
office according to your engagement.
Ordered, that the forme of engagement aforesaid shall be used vntill
further order; any former order or forme vsed or prescribed to the
contrary, or differing herefrom notwithstanding. [1665.] These forms
were re-enacted in 1677.
The Commission appointed by the King to assert the rights of the Crown
to the seven New England Colonies, as the first of the propositions of
his Majesty’s will and pleasure in Rhode Island, proposed:
That all householders inhabiting this Collony take the oath of
alleagence and the administration of justice be in his Majestyes
name.
Wherevpon, and in a deepsence of his Majestyes most Royall and
wonderful grace and favour more pertickerlerly ... in his letters
pattents ... in which is expresed his ... indulgence extended to
tender consiences, differing in matters of religious worshipe and
conceanments; and more especially in matters of formes of oathes and
cerimonyes or circumstances relating therevnto, ... considering
therein the liberty of concience therein granted.
The Assembly doe with one consent ... in all cheerfull obediance ...
and therein minding the preveledge granted to tender conciences, doe
in the first place order and declare: that whereas in this Collony
it hath ben alwayes accounted and granted a liberty to such as make
a scruple of swearing and taken an oath, that in stead thereof they
shall engage, under the penalty of false swearing, though they
sweare not in publicke engagement, as well as if they did sweare,
that therefore this most loyall and resonable engagement be given by
all men capable within this jurisdiction for their allegiance to the
King, &c.
* * * * *
The forme of which engagement shall be as followeth:
You, A. B., sollemly and sincearly engage true and faithfull
aleagiance vnto his Majestye Charles the Second, King of England,
his heires and successors, to beare and due obediance vnto the lawes
established, from time to time in this jurisdiction, to yeald vnto
the vtmost of your power, according to the previlidge by his said
Majesty granted, in religioues and civill concearnments to this
Collony in the Charter; which said engagement you make vnder the
perill and penalty of perjury. [1665.]
They further ordered that “this engagement shall be administered to all
that are already admitted freemen, and that no man shall be admitted a
freeman, and all men that are householders or aged eighteen or more,
shall take the engagement or loose the priviledge of freemen until they
give the engagement premised.” The passage of this law led to a long
agitation by those who thought it to be hard on the consciences by many
whom it rendered incapable from carrying on the affairs of the
corporation. And, in the following year, the Assembly ordered and
declared, “That such as are free in their conscience so to do, give the
Engagement, or if they rather choose to give the oath of allegiance now
required in England, that shall be taken; but if there are some words in
either which, in conscience they cannot condescend to say or use, may in
open court, or before two Magistrates adopt in equivalent words
significant of allegiance and submission to yield obedience actively and
passively, to the laws made by virtue of his Majesty’s authority, he
shall be restored or admitted as freeman, any former law to the contrary
notwithstanding.”
At a Court held in his Majesty’s name, and under his authority, at
the towne of Westerly, in the King’s Province, the 17th of
September, 1679.
The inhabitants of Westerly, being by warrant required to appeare at
this Court to give the oath of allegiance to his Majesty, and of
fidellity to his Majesty’s authority for this Collony, these persons
hereunder named appeared and gave oath, viz. [Thirty-three names.]
The oath given by the above written persons was in these followinge
words:
I doe truly and sincerely acknowledge, profess, testify and declare
in my conscience before God and the world, that our Soverreign Lord,
King Charles, is lawfull and rightfull King of the Realm of England,
and of all other his dominions and countries; and that the Pope,
neither of himselfe, nor by any authority of the Church, or See of
Rome, or by any other meanes with any other, hath any power or
authority to depose the King, or to dispose of his Majesty’s
kingdoms or dominions, or to authorize any forreigne prince to
invade, or annoy him, or his country, or to discharge any of his
subjects from their allegiance and obedience to his Majesty; or to
give license or leave to any of them to beare armes, raise tumults,
or offer any violence or hurt to his Majesty’s Royall person, State
or Government, or to any of his Majesty’s subjects within his
Majesty’s dominions. Alsoe I doe sweare from my heart, that
notwithstanding any declaration or sentence of ex-communication, or
deprivation, made or granted, or to be made or granted by the Pope
or his successors, or by any authority derived or pretended to be
derived from him or his See against the said King, his heires or
successors, or any absolution of the said subjects from their
obedience, I will beare faith and true allegiance to his Majesty,
his heires and successors, and him and them will defend to the
uttermost of my power against all conspiracies and attempts
whatsoever which shall be made against his or their persons, their
Crowne and dignity, by reason or clause of any such sentence or
declaration or otherwise, and will doe my best endeavour to
disclose, and make knowne unto his Majesty, his heires and
successors, all treasons and traiterous conspiracies, which I shall
know or hear of, to be against him or any of them. And I doe further
sweare that I doe from my heart, abhor, detest and abjure as impious
and herritical, this damnable doctrine and position, that princes
which be excommunicated or deprived by the Pope, may be deposed or
murthered by their subjects, or any other whatsoever. And I doe
believe and in my conscience am resolved, that neither the Pope nor
any person whatsoever, hath power to absolve me of this oath, or any
part thereof, which I acknowledge by good and full authority to bee
ministered unto me; and doe renounce all pardons and dispensations
to the contrary. And all these things I doe plainly and sincerely
acknowledge and sweare according to these express words by me
spoken, according to the plaine and common sense and understandinge
of the same words, without any equivocation or mentall evasion or
secrett reservation whatsoever. And further, I doe here solemnly
engage all true and loyall obedience unto his Majesty’s authority
placed and established in this his Collony of Rhode Island and
Providence Plantations, and King’s Province. And I doe make this
recognition heartily, willingly, and truly, upon the true faith of a
Christian. So help me God. [1679.]
No further oaths, or engagements, appear until the Administration of Sir
Edmund Andros, in 1686, reduced the Colony to the nature of a County
under his government.
_In New Hampshire Colony._
As there was no constituted authorities over the patent of New
Hampshire, the Exeter settlers, under the leadership of John
Wheelwright, who had purchased a tract thirty miles square from certain
Indian Sachems in April, 1638, were driven to the expedient of agreeing
upon a voluntary association for governmental purposes. The executive
and judicial functions were vested in a board of three magistrates or
elders, of whom the chief was styled Ruler. They were chosen by the
whole body of freemen, who were the electors and legislators, their
enactments, however, requiring the approval of the Ruler. An inhabitant
had to be admitted a freeman, before he could enjoy the privileges of an
elector. Under this association, an agreement was drawn up by the
Reverend John Wheelwright, their leader, as follows:
THE COMBINATION FOR GOVERNMENT AT EXETER, WITH THE FORMS OF OATHS FOR
RULERS AND PEOPLE
Whereas it hath pleased the lord to moue the heart of our Dread
Soveraigne Charles by the grace of God, King of England, Scotland,
France & Ireland, to grant license & liberty to sundry of his
subjects to plant themselves in the Westerne partes of America: Wee,
his loyall subjects, brethren of the church of Exeter, situate &
lying upon the river of Piscataquacke, wh other inhabitants there,
considering w^{th} ourselves the holy will of god and our owne
necessity, that we should not live w^{th}out wholsome lawes &
government amongst us, of w^{ch} we are altogether destitute; doe in
the name of Christ & in the sight of god combine ourselves together,
to erect & set up amongst us such government as shall be to our best
discerning, agreeable to the will of god, professing ourselves
subjects to our Soveraigne Lord King Charles, according to the
libertys of our English Colony of the Massachusets & binding
ourselves solemnely by the grace & helpe of Christ & in his name &
feare to submit our selves to such godly & Christian laws as are
established in the realme of England to our best knowledge, & to all
other such lawes wch shall upon good grounds be made & inacted
amongst us according to god y^t we may live quietly & peaceably
together in all godliness and honesty. Mon. 5th d., 4th, 1639. [John
Whelewright, and thirty-four others.]
This was soon found to be unsatisfactory to some other settlers, who
thought its expressions too lavish of loyalty to the King, and, in
consequence, of prelacy; and while they were willing to acknowledge in a
general way his sovereignty, and that they were his subjects, they had
no disposition to make any unnecessary professions of allegiance.
Another compact was then drawn of the same purport, simply acknowledging
the King to be their Sovereign, and themselves his subjects. This was
executed in due form and went into effect as the basis of government.
But it did not bear the test of trial. Curiously, because it did not
contain loyalty enough. And the original Combination was re-executed
with the following explanatory preamble:
Whereas a certen combination was made by us, the brethren of the
Church of Exeter, with the rest of the Inhabitants, bearing date
Mon. 5th. d. 4, 1639, wh afterwards, upon the instant request of
some of the brethren, was altered, & put into such a forme of
wordes, wherein howsoever we doe acknowledge the King’s Majesty our
dread Sovereigne & ourselves his subjects: yet some expressions are
contained therein wh may seeme to admit of such a sence as somewhat
derogates from that due Allegiance wh we owe to his Highnesse, quite
contrary to our true intents and meanings: We therefore doe revoke,
disannull, make voyd and frustrate the said latter combination, as
if it never had beene done, and doe ratify, confirme and establish
the former, wh wee onely stand as being in force & virtue, the wh
for substance is here set downe in manner and form following. Mon.,
2d d., 2, 1640.
Both the Elders and the People were required to take certain prescribed
oaths, as follows: