In Rhode Island and Providence Plantations.
The settlement of Rhode Island by Roger Williams, being partly occasioned by his refusal to take either the Oath of Fidelity, or the Stranger’s Oath to the Colony of Massachusetts-Bay will account for the absence of all Oaths of Allegiance in the early history of the Colony which he founded. From the first settlement of the Colony of Rhode Island and Providence Plantations to the present time an Oath could not be required of any one; but in its place is required a property qualification and an Affirmation.
Civil Compact
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 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. [Richard Scott, and twelve others.] August the 20th, [1637.]
This limiting of the powers of town meetings to “civil things,” is the first expression in the new world of a severance of the bonds of Church and State, and of that principle of freedom of conscience for which the founder had contended. This first Civil Compact was followed, on the 7th day of the first month, 1638, by the settlers at Aquidneck, with a
Second Civil Compact
We whose names are underwritten do here, solemnly, in the presence of Jehovah incorporate ourselves into a Bodie Politick and as he shall help, will submit our persons, lives and estates unto our Lord Jesus Christ, the King of Kings and Lord of Lords and to all those perfect and most absolute lawes of his given us in his holy word of truth, to be guided and judged thereby. Exod. 24. 3. 4, 2 Cron. 11.3, 2 Kings, 11. 17. [William Coddington, and eighteen others.]
The 7th of the first month, 1638. We that are Freemen Incorporate of this Bodie Politick do Elect and Constitute William Coddington, Esquire, a Judge amongst us, and so covenant to yield all due honour unto him according to the lawes of God, and so far as in us lyes to maintaine the honour and privileges of his place which shall hereafter be ratifyed according unto God, the Lord helping us so to do.
I, William Coddington, Esquire, being called and chosen by the Freemen Incorporate of this Bodie Politick, to be a Judge amongst them, do covenant to do justice and Judgment impartially according to the lawes of God, and to maintaine the Fundamentall Rights and Privileges of this Bodie Politick, which shall hereafter be ratifyed according unto God, the Lord helping us so to do.
On the 3d Month, 13 day, 1638. It is ordered that none shall be received as inhabitants or Freemen to build or plant upon the Island but such as shall be received in by the consent of the Bodye, and do submitt to the government that is or shall be established, according to the word of God. [1638.]
From this arrangement, the first recorded Act regarding freemen in the Colony, a minority seceded, taking the Records with them, and drew up the following instrument:
By vs whose hands are underwritten, to propagate a Plantation in the midst of the Island or elsewhere; And doe engage ourselves to bear equall charges, answerable to our strength and estates in common; and that our determinations shall be by major voice of judge and elders; the Judge to have a double voice. [William Coddington, and eight others.] On the 28th of the 2d Month, 1639.
Agreeing and ordering that the Plantation now begun shall be called Newport.
The remaining members of the Aquidneck settlement then organized a new government.
We whose names are underwritten doe acknowledge ourselves the legall subjects of his Majestie King Charles, and in his name doe hereby binde ourselves into a civill body Politicke, assenting unto his lawes according to right and matters of justice. [William Hutchinson, and thirty associates.]
By the Body Politicke on the Ile of Agethnec, inhabiting this present, 25 of 9 = month, 1639.
In the fourteenth yeare of ye Raign of our Sovereign Lord King Charles. It is agreed, That as natural subjects to our Prince, and subject to his Lawes, all matters that concerne the Peace shall be by those that are officers of the Peace transacted; And all actions of the Case or Dept, shall be in such Courts as by order are here appointed, and by such Judges as are Deputed: Heard and Legally Determined.
At the Generall Court of Election began and held at Portsmouth, from the 16th of March to the 19th of the same mo., 1641.
1. It was ordered and agreed before the Election, that an Ingagement by oath should be taken of all the officers of this Body now to be elected, as likewise for the time to come; the ingagement which the severall officers of the State shall give is this; To the execution of this office I judge myself bound before God to walk faithfully, and this I profess in ye presence of God.
3. It is ordered and unanimously agreed upon that the Government which this Bodie Politick doth attend vnto in this Island, and the Jurisdiction thereof, in favour of our Prince is a Democracie, or popular Government; that is to say, It is in the Powre of the Body of Freemen orderly assembled, or the major part of them, to make or constitute Just Lawes, by which they will be regulated, and to depute from among themselves such Ministers as shall see them faithfully executed between Man and Man.
16. It is ordered that Ingagement shall be taken by the Justices of the Peace in their Quarter Sessions of all men or youth above fifteen years of age, eyther by the oath of Fidelity, or some other strong cognizance.
28. It is ordered and received, that the Ingagement that already was given by the Freemen was and is of the same force as that oath is which is authorized to be administered to the Inhabitants, which oath Nicholas Easton, Rob’t Jeoffreys, and Wm. Dyre did take in presence of the Courte.
29. It is ordered, that if any person or persons on the Island, whether Freeman or Inhabitant, shall by any meanes open or covert, endeavour to bring in any other Powre than what is now established (except it be from our Prince by lawfull commission), shall be accounted a delinquent under the head of Perjurie.
30. It is ordered, that the Law of the last Court made concerning Libertie of Conscience in point of Doctrine is perpetuated.
The Engagement of the Officers
You, A. B. being called and chosen vnto public employment, and the office of ——, by the free vote and consent ye Inhabitants of the Province of Providence Plantations (now orderly met), do, in the present Assemblie, engage yourself faithfully and truly to the utmost of your power to execute the commission committed vnto you; and do hereby promise to do neither more nor less in that respect than that which the Colonie have or shall authorize you to do according to the best of your understanding.
The Reciprocal Engagement of the State to ye Officers
We, the Inhabitants of the Province of Providence Plantations being here orderly met, and having by free vote chosen you ——, to public office and officers for the due administration of Justice and the execution thereof throughout the whole Colonie, do hereby engage ourselves to the utmost of our power to support and vphold you in your faithfull performance thereof. [1641.]
This Engagement was also agreed to by the Court of Commissioners and Election. September ye 13th, 1654.
It is ordered by the present Assemblie, that this is ye engagement of ye Generall officers any former forme to the contrarie notwithstandinge.
At the General Court of the 21st of May, 1661, the words: “in his Majesties name” was added after (“now orderly met”).
And Att a Generall Assembly of the Collony of Rhode Iland and Providence Plantations the 4th of May, 1664:
This Assembly alsoe declareth against any parson acting in any publike office, except hee first take the engagement according to the forme hear subjoyned.
You, A. B., &c., sollemly engage to be true and faythfull vnto our Soveraigne Lord the King, Charles the Second, of England, Scotland, France and Ireland, and dominiones and terrytoryes therevnto belonging; and to his sayd Majesty, his heirs and successors, true allegeance to beare and exicute your commission, charge and office, according to the best of your skill and knowledge without partiallyty or affection to any; and that according to the lawes already established, or to be established in this Colony. This ingagement you make and ingage to obsearve, vnder the penalty of perjury....
At the taking of the ingagement by any, ther must bee a re-engagement given in the Colloneys name, to stand by and assist such parsones in the exicution of ther offices and performance of ther dutyes.
It is alsoe the pleasuer and appoynment of this Generall Assembly, that none presume to vote in the matters afforesayd, but such whome this Generall Assembly expresly by ther writting shal admit as freemen.
The 19th of the iith Month, 1645. Wee whose names are heere after Subscribed, having obteyned a free Grante of Twenty five Akers of Land a peece with right of Commoning, according to the said proportion of Land; from the free Jnhabitants of this Towne of providence; doe thankfully acsept of the same; And heereby doe promise to yield Actiue; or passiue Obeydience to the authority of established in this Collonye; according to our Charter; and to all Such wholesome Lawes & Orders, that are or shall be made, by the major consent of this Towne of Providence; As alsoe not to clayme any Righte, to the Purchasse of the Said plantation; Nor any privilidge of Vote in Towne Affaires; untill we shall be received as free = Men of the said Towne of Providence. [1645.]
The Preamble to the Law Against Perjury
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.