1648 Margaret Brent - Maryland Attorney Who Owns Land Is Denied Right to Vote

Margaret Brent was an unusual woman for her time. In 17C America, she was unmarried, a business-person, a Catholic, & a prominent figure in the Maryland settlement, which she emigrated to from England with two brothers & a sister in 1638. She owned land, grew tobacco and made loans to other settlers in Maryland.

Margaret Brent speaking to the Maryland Assembly in colonial St. Mary's City. By Edwin Tunis (c. 1934)

Brent appeared in the Maryland court to argue for herself & her brothers in business matters & to settle debts. In 1647, she was appointed the executor of the late Gov. Leonard Calvert’s estate & given power of attorney for his older brother, Cecil Calvert, the second Lord Baltimore. (The first Lord Baltimore was their father, George.)

Leonard Calvert’s death came at a turbulent time for the Maryland settlement, & Brent’s careful management of his estate helped secure the settlement’s survival. By selling some of Cecil Calvert’s cattle without his knowledge or consent to pay off debts, she achieved peace for the colony—but earned his lifelong enmity. 

In 1648, the first woman appointed attorney-in-fact in the colonies, Margaret Brent (1601-1671) of Maryland, seeks & is denied the right to vote in the assembly. The unmarried Brent, owning about 70 acres in Maryland, asks the Maryland Assembly for two votes, one for herself & another as her distant cousin Leonard Calvert's administrator & Lord Baltimore's attorney. Her request was denied.

Jan. 21, 1647[/8]. "Came Mrs Margaret Brent and requested to have vote in the howse for herselfe and voyce allso for that att the last Court 3d Jan: it was ordered that the said Mrs Brent was to be lookd uppon and received as his Lps Attorney. The Govr denyed that the sd Mrs Brent should have any vote in the howse And the sd Mrs Brent protested agst all proceedings in this pnt Assembly unlesse shee may have vote as aforesd."

Later Margaret Brent acts as attorny at law. Nov. 6, 1648. Margaret Brent as His Lordshhip's attorney complains and proves that Edward Commins has defied an order of the Governor and said that there was no law in the province. The court fined him 2,500 pounds of tobacco for contempt.

Although she was denied any vote, the Assembly did defend her when Lord Baltimore, deceased Lord Calvert's brother, complains about her use of revenue from his estate to pay off his soldiers, who had recently put down a Protestant rebellion. The Assembly believes that her actions saved the colony from an open revolt.

They write a letter to Lord Baltimore. "As for Mistress Brent's undertaking and meddling with your Lordship's estate here...we do Verily Believe and in Conscience report that it was better for the Colony's saftety at that time she rather deserved favour and thanks from your Honour for her so much Concurring to the public safety, than to be justly liable to all those bitter invectives you have been pleased to Express against her."

Born in 1601, she was the 7th child of Sir Richard Brent (1573-1652) & Lady Elizabeth Willoughby de Broke.  When Margaret landed in 1638 at St. Mary’s City in Maryland, she was no common immigrant, as she came with 4 maidservants, 5 male servants, and 2 letters from Cecil Calvert, Lord Baltimore, granting all the lands she could manage.  By any measure, she could manage quite a bit:  administering her own & sister Mary’s affairs; as executrix for deceased governor Leonard Calvert; & representing her brother Giles’ legal interests.  She appeared before Provincial Court at least 124 times between 1642-1650.  Her own estate was “Sisters Freehold,” and she managed “Trinity,” “St. Gabriel,” and “Fort Kent.”

Probably one of the largest landowners and among the most influential person in the Maryland colony, she shocked the Maryland Council in 1648 by confronting them with legal requests and demanding the vote (actually 2 votes) on the council.  While the Assembly had refused to give Margaret Brent a vote, it defended her stewardship of Lord Baltimore's estate, writing to him on April 21, 1649, that it "was better for the Colony's safety at that time in her hands than in any man's ... for the soldiers would never have treated any others with that civility and respect ..."

However, Lord Baltimore was furious with Margaret's independence. Brent moved to Virginia to escape Calvert’s ire regarding his lost cows. She, her brother Giles, & sister Mary moved to the Northern Neck of Virginia by the spring of 1650, where she died in 1670.

Brent’s brother Giles had married Piscataway's Mary Kittamaquund & began to acquire property in Virginia. He settled a plantation on the north bank of the Aquia Creek, in present day Fauquier County. Margaret & their sister Mary joined him at the new plantation, which Giles named “Peace.”

Margaret continued to buy property, & 2 of those property purchases seem particularly shrewd. The 1st was 1,000 on the south side of the Rappahannock, a quarter mile above the falls of the river, in what is present day Fredericksburg.  The other was a 700-acre tract north of Great Hunting Creek, now the site of Alexandria.  Giles, Margaret & Mary Brent are recognized as the first English Catholic Settlers in Virginia on a large crucifix on Route 1, near Aquia Creek.  Plaques honoring Margaret Brent were also placed at Jones Point in Alexandria & at St. Mary’s City, Maryland.

Neither she nor her sister Mary ever married; they were among the very few unmarried English women of the time in the Chesapeake, when men outnumbered women there by 6:1 (but most were lower class indentured workers). Historian Lois Greene Carr believed the 2 sisters had taken vows of celibacy under Mary Ward's Catholic Institute in England. In 1658 Mary Brent died, leaving her entire estate of 1000 acres to her sister.  In 1663 Margaret Brent wrote her will.  In 1670, she assigned one half of her 2,000 acres in Maryland to her nephew, James Clifton. Most of the remainder went to her brother Giles and his children. She died at "Peace," in the newly created Stafford County, Virginia in 1670-71. Her will was admitted into probate on May 19, 1671.  She died a wealthy woman at about age 70, and she is considered the 1st female lawyer in the New World.

Escaping to America, Only to be Hanged - Quaker Martyr Mary Barrett Dyer 1645

Mary Barrett Dyer was born in England, & challenged the religious persecution of Quakers in the American colonies. She and her husband, William Dyer, emigrated to Massachusetts in 1635, just 2 years after they married in London.  She sympathized with Anne Hutchinson's religious views and moved to Rhode Island in 1638. Anne Hutchinson died in 1643. Mary and her husband William had a daughter Elizabeth in 1645.

A Quaker Meeting including both men & women with a woman on a tub talking

Mary Dyer returned to England, where she remained from 1650 to 1657. While there, she actually became a Quaker; and on her return to the colonies, she was arrested several times by Massachusetts authorities and was warned to keep out of that colony because of her new faith.  Mary Dyer ignored these warnings and returned to Massachusetts in 1659 to visit friends. She was apprehended, jailed, and finally hanged on June 1 of 1660. Her death as a martyr led to the easing of anti-Quaker laws in Massachusetts.

Letters Between Mary Dyer, who was in jail, and her husband, who was trying to gain her release:

William Dyer's Letter of 30 August 1659 to Boston Magistrates for release of Mary Dyer from prison

Gentlemen:
Having received some letters from my wife, I am given to understand of her commitment to close prison to a place (according to description) not unlike Bishop Bonner's rooms ... It is a sad condition, in executing such cruelties towards their fellow creatures and sufferers ... Had you no commiseration of a tender soul that being wett to the skin, you cause her to thrust into a room whereon was nothing to sitt or lye down upon but dust .. had your dogg been wett you would have offered it the liberty of a chimney corner to dry itself, or had your hoggs been pend in a sty, you would have offered them some dry straw, or else you would have wanted mercy to your beast, but alas Christians now with you are used worse [than] hoggs or doggs ... oh merciless cruelties.

You have done more in persecution in one year than the worst bishops did in seven, and now to add more towards a tender woman ... that gave you no just cause against her for did she come to your meeting to disturb them as you call itt, or did she come to reprehend the magistrates? [She] only came to visit her friends in prison and when dispatching that her intent of returning to her family as she declared in her [statement] the next day to the Governor, therefore it is you that disturbed her, else why was she not let alone. [What] house entered she to molest or what did she, that like a malefactor she must be hauled to [prison] or what law did she transgress? She was about a business justifiable before God and all good men.

The worst of men, the bishops themselves, denied not the visitation and release of friends to their prisoners, which myself hath often experienced by visiting Mr. Prine, Mr. Smart and other eminent [men] yea when he was commanded close in the towne, I had resort once or twice a week and [I was] never fetched before authority to ask me wherefore I came to the towne, or Kings bench, or Gatehouse ... had there not been more adventurours tender hearted professors than yo'selves many of them you call godly ministers and others might have perished ... if that course you take had been in use with them, as to send for a person and ask them whe'fore they came thither. What hath not people in America the same liberty as beasts and birds to pass the land or air without examination?

Have you a law that says the light in M. Dyre is not M. Dyre's rule, if you have for that or any the fornamed a law, she may be made a transfresso', for words and your mittimus hold good, but if not, then have you imprisoned her and punisht her without law and against the Law of god and man ... behold my wife without law and against Law is imprison' and punished and so higly condemned for saying the light is the Rule! It is not your light within your rule by which you make and act such lawes for ye have no rule of Gods word in the Bible to make a law titled Quakers nor have you any order from the Supreme State of England to make such lawes. Therefore, it must be your light within you is your rule and you walk by ... Remember what Jesus Christ said, 'if the light that be in you is darkness, how great is that darkness.'

[illegible] ... conscience, the first and next words after appearance is 'You are a Quaker' see the steppes you follow and let their misry be your warning; and then if answer be not made according to the ruling will; away with them to the Cobhole or new Prison, or House of Correction ... And now Gentlemen consider their ends, and believe it, itt was certaine the Bishops ruine suddenly followed after their hott persuanes of some godly people by them called Puritans ... especially when they proceeded to suck the blood of Mr. Prine, Mr. Burton and Dr. Bostwicks eares, only them three and butt three, and they were as odious to them as the Quakers are to you.

What witness or legal testimony was taken that my wife Mary Dyre was a Quaker, if not before God and man how can you clear yourselves and seat of justice, from cruelty persecution ye as so fair as in you lies murder as to her and to myself and family oppression and tiranny. The God of trust knows all this. The God of truth knows all this. This is the sum and totals of a law title Quakers: that she is guilty of a breach of a tittled Quakers is as strange, that she is lawfully convicted of 2 witnesses is not hear of, that she must be banished by law tittled Quakers being not convicted by law but considered by surmise and condemned to close prison by Mr. Bellingham's suggestion is so absurd and ridiculous, the meanest pupil in law will hiss at such proceeds in Old Lawyers ... is your law tittled Quakers Felony or Treason, that vehement suspicion render them capable of suffering ... If you be men I suppose your fundamental lawes is that noe person shall be imprisoned or molested but upon the breach of a law, yett behold my wife without law and against law is imprisoned and punished.

My wife writes me word and information, ye she had been above a fortnight and had not trode on the ground, but saw it out your window; what inhumanity is this, had you never wives of your own, or ever any tender affection to a woman, deal so with a woman, what has nature forgotten if refreshment be debarred?

I have written thus plainly to you, being exceedingly sensible of the unjust molestations and detaining of my deare yokefellow, mine and my familyes want of her will crye loud in yo' eares together with her sufferings of your part but I questions not mercy favor and comfort from the most high of her owne soule, that at present my self and family bea by you deprived of the comfort and refreshment we might have enjoyed by her [presence].

Her husband
W. Dyre
Newport this 30 August 1659---------------------

Mary Dyer's First Letter Written from Prison, 1659

Whereas I am by many charged with the Guiltiness of my own Blood: if you mean in my Coming to Boston, I am therein clear, and justified by the Lord, in whose Will I came, who will require my Blood of you, be sure, who have made a Law to take away the Lives of the Innocent Servants of God, if they come among you who are called by you, 'Cursed Quakers,' altho I say, and am a Living Witness for them and the Lord, that he hath blessed them, and sent them unto you: Therefore, be not found Fighters against God, but let my Counsel and Request be accepted with you, To repeal all such Laws, that the Truth and Servants of the Lord, may have free Passage among you and you be kept from shedding innocent Blood, which I know there are many among you would not do, if they knew it so to be: Nor can the Enemy that stirreth you up thus to destroy this holy Seed, in any Measure contervail, the great Damage that you will by thus doing procure:

Therefeore, seeing the Lord hath not hid it from me, it lyeth upon me, in Love to your Souls, thus to persuade you: I have no Self Ends, the Lord knoweth, for if my Life were freely granted by you, it would not avail me, nor could I expect it of you, so long as I shall daily hear and see, of the Sufferings of these People, my dear Brethren and Seed, with whom my Life is bound up, as I have done these two Years, and not it is like to increase, even unto Death, for no evil Doing, but Coming among you: Was ever the like laws heard of, among a People that profess Christ come in the Flesh? And have such no other Weapons, but such Laws, to fight with against spiritual Wickedness with all, as you call it? Wo is me for you! Of whom take you Counsel! Search with the light of Christ in you, and it will show you of whom, as it hath done me, and many more, who have been disobedient and deceived, as now you are, which Light, as you come into, and obey what is made manifest to you therein, y ou will not repent, that you were kept from shedding Blood, tho be a Woman: It's not my own Life I seek (for I chose rather to suffer with the People of God, than to enjoy the Pleasures of Egypt) but the Life of the Seed, which I know the Lord hath blessed, and therefore seeks the Enemy thus vehemently the Life thereof to destroy, as in all ages he ever did: Oh! hearken not unto him, I beseech you, for the Seed's Sake, which is One in all, and is dear in the Sight of God; which they that touch, Touch the Apple of his Eye, and cannot escape his Wrath; whereof I having felt, cannot but persuade all men that I have to do withal, especially you who name the Name of Christ, to depart from such Iniquity, as SHEDDING BLOOD, EVEN OF THE SAINTS OF THE Most High.

Therefore let my Request have as much Acceptance with you, if you be Christians as Esther had with Ahasuerus* whose relation is short of that that's between Christians and my Request is the same that her's was: and he said not, that he had made a Law, and it would be dishonourable for him to revoke it: but when he understood that these People were so prized by her, and so nearly concerned her (as in Truth these are to me) as you may see what he did for her: Therefore I leave these Lines with you, appealing to the faithful and true Witness of God, which is One in all Consciences, before whom we must all appear; with whom I shall eternally rest, in Everlasting Joy and Peace, whether you will hear or forebear: With him is my Reward, with whom to live is my Joy, and to die is my Gain, tho' I had not had your forty-eight Hours Warning, for the Preparation of the Death of Mary Dyar.

And know this also, that if through the Enmity you shall declare yourselves worse than Ahasueras, and confirm your Law, tho' it were but the taking away the Life of one of us, That the Lord will overthrow both your Law and you, by his righteous Judgments and Plagues poured justly upon you who now whilst you are warned thereof, and tenderly sought unto, may avoid the one, by removing the other; If you neither hear nor obey the Lord nor his Servants, yet will he send more of his Servants among you, so that your End shall be frustrated, that think to restrain them, you call 'Cursed Quakers' from coming among you, by any Thing you can do to them; yea, verily, he hath a Seed here among you, for whom we have suffered all this while, and yet suffer: whom the Lord of the Harvest will send forth more Labourers to gather (out of the Mouths of the Devourers of all sorts) into his Fold, where he will lead them into fresh Pastures, even the Paths of Righteousness, for his Name's Sake: Oh! let non of you put this Day far from you, which verily in the light of the Lord I see approaching, even to many in and about Boston, which is the bitterest and darkest professing Place, and so to continue as long as you have done, that ever I heard of; let the time past therefore suffice, for such a Profession as bring forth such Fruits as these Laws are, In Love and in the Spirit of Meekness, I again beseech you, for I have no Enmity to the Persons of any; but you shall know, that God will not be mocked, but what you sow, that shall you reap from him, that will render to everyone according to the Deeds done in the Body, whether Good or Evil, Even so be it, saith
Mary Dyar-----------------

Mary Dyer's Second Letter Written from Prison, 1659 -- After the Hanging of Marmaduke & Stephenson

Once more the General Court, Assembled in Boston, speaks Mary Dyar, even as before: My life is not accepted, neither availeth me, in Comparison of the Lives and Liberty of the Truth and Servants of the Living God, for which in the Bowels of Love and Meekness I sought you; yet nevertheless, with wicked Hands have you put two of them to Death, which makes me to feel, that the Mercies of the Wicked is Cruelty. I rather chuse to die than to live, as from you, as Guilty of their innocent Blood. Therefore, seeing my Request is hindered, I leave you to the Righteous Judge and Searcher of all Hearts, who, with the pure measure of Light he hath given to every Man to profit withal, will in his due time let you see whose Servants you are, and of whom you have taken Counsel, which desire you to search into: But all his counsel hath been slighted, and, you would none of his reproofs. Read your Portion, Prov. 1:24 to 32. 'For verily the Night cometh on you apace, wherein no Man can Work, in which you shall assuredly fall to your own Master, in Obedience to the Lord, whom I serve with my Spirit, and to pity to your Souls, which you neither know nor pity: I can do no less than once more to warn you, to put away the Evil of your Doings, and Kiss the Son, the Light in you before his wrath be kindled in you; for where it is, nothing without you can help or deliver you out of his hand at all; and if these things be not so, then say, There hath been no prophet from the Lord sent amongst you: yet it is his Pleasure, by Things that are not, to bring to naught Things that are.

'When I heard your last Order read, it was a disturbance unto me, that was so freely Offering up my life to him that give it me, and sent me hither to do, which Obedience being his own Work, he gloriously accompanied with his Presence, and Peace, and Love in me, in which I rested from my labour, till by your Order, and the People, I was so far disturbed, that I could not retain anymore of the words thereof, than that I should return to Prison, and there remain Forty and Eight hours; to which I submitted, finding nothing from the Lord to the contrary, that I may know what his Pleasure and Counsel is concerning me, on whom I wait therefore, for he is my Life, and the length of my Days, and as I said before, I came at his command, and go at His command.
Mary Dyar-------------------

William Dyer's Letter of 27 May 1660 petitioning Boston Magistrates to spare Mary Dyer's life

Honor S',
It is not little greif of mind, and sadness of hart that I am necessitated to be so bold as to supplicate you' Honor self w' the Honorable Assembly of yo' Generall Courte to extend yo' mery and favo' once agen to me and my children, little did I dream that I shuld have had occasion to petition you in a matter of this nature, but so it is that throw the devine prouidence and yo' benignity my sonn obtayned so much pitty and mercy att yo' hands as to enjoy the life of his mother, now my supplication yo' Hono' is to begg affectioinately, the life of my deare wife, tis true I have not seen her aboue this half yeare and therefor cannot tell how in the frame of her spiritt she was moved thus againe to runn so great a Hazard to herself, and perplexity to me and mine and all her friends and well wishers; so itt is from Shelter Island about by Pequid Marragansett and to the Towne of Prouidence she secrettly and speedyly journyed, and as secretly from thence came to yo' jurisdiction, unhappy journy may I say, and woe to theat generatcon say I that gives occasion thus of grief and troble (to those that desire to be quiett) by helping one another (as I may say) to Hazard their lives for I know not watt end or to what purpose; If her zeale be so greatt as thus to adventure, oh lett your favoure and pitty surmount itt and save her life. Let not yo' forwanted Compassion bee conquared by her inconsiderate maddnesse, and how greatly will yo' renowne be spread if by so conquering yo' become victorious, what shall I say more, I know yo' are all sensible of my condition, and lett the reflect bee, and you will see whatt my peticon is and what will give me and mine peace, oh Lett mercies wings once more sore above justice ballance, and then whilst I live shall I exalt yo' goodness butt other wayes twill be a languishing sorrow, yea so great that I shuld gladly suffer thie blow att once much rather: I shall forebear to troble yo' Hn' with words neythe am I in capacity to expatiate myself at present; I only say that yo'selves have been and are or may bee husbands to wife or wiues, so am I: yea to once most dearely beloved: oh do not you deprive me of her, but I pray give her me once agena nd I shall bee so much obleiged for ever, that I shall endeavor continually to utter my thanks and render you Love and Honor most renowned: pitty me, I begg itt with teares, and rest you.

Most humble suppliant
W. Dyre
Portsmouth 27 of May 1660

Most honored sires, let thse lines by yo' fauo' bee my Peticon to your Honorable General Court at present sitting.
W.D.

Mary Dyer was hanged 1 June 1660.

1645 John Winthrop's Speech On Liberty - The Words They Lived By

John Winthrop 1587/8-1649

In 1645, while he was deputy-governor of Massachusetts, John Winthrop and his fellow-magistrates had interfered in a local election of a militia officer. When the dispute flared into a war of words, the magistrates bound over some of the dissidents to the next court and summoned others to appear. In this controversy the magistrates were accused of having exceeded their powers, and Winthrop was impeached. After a controversy of almost three months Winthrop was fully acquitted and some of his opponents fined. It was after this test and vindication that Winthrop made this famous "little 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 is 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 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 licentia deteriores. This is that great enemy of truth and peace, that wild beast, which all of 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 women'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 forwardness 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 want to 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.

1644 Roger Williams' Plea for Religious Liberty - The Words They Lived By

A PLEA FOR RELIGIOUS LIBERTY by Roger Williams

Roger Williams (ca. 1603-83), religious leader and one of the founders of Rhode Island, was the son of a well-to-do London businessman. Educated at Cambridge (A.B., 1627) he became a clergyman and in 1630 sailed for Massachusetts. He refused a call to the church of Boston because it had not formally broken with the Church of England, but after two invitations he became the assistant pastor, later pastor, of the church at Salem. He questioned the right of the colonists to take the Indians' land from them merely on the legal basis of the royal charter and in other ways ran afoul of the oligarchy then ruling Massachusetts. In 1635 he was found guilty of spreading "new authority of magistrates" and was ordered to be banished from the colony. He lived briefly with friendly Indians and then, in 1636, founded Providence in what was to be the colony of Rhode Island and Providence Plantations. His religious views led him to become briefly a Baptist, later a Seeker. In 1644, while he was in England getting a charter for his colony from Parliament, he wrote the work from which this dialogue is taken. During much of his later life he was engaged in polemics on political and religious questions. He was an important figure in the intellectual life of his time.

First, that the blood of so many hundred thousand souls of Protestants and Papists, spilt in the wars of present and former ages, for their respective consciences, is not required nor accepted by Jesus Christ the Prince of Peace.

Secondly, pregnant scriptures and arguments are throughout the work proposed against the doctrine of persecution for cause of conscience.

Thirdly, satisfactory answers are given to scriptures, and objections produced by Mr. Calvin, Beza, Mr. Cotton, and the ministers of the New English churches and others former and later, tending to prove the doctrine of persecution for cause of conscience.

Fourthly, the doctrine of persecution for cause of conscience is proved guilty of all the blood of the souls crying for vengeance under the altar.

Fifthly, all civil states with their officers of justice in their respective constitutions and administrations are proved essentially civil, and therefore not judges, governors, or defenders of the spiritual or Christian state and worship.

Sixthly, it is the will and command of God that (since the coming of his Son the Lord Jesus) a permission of the most paganish, Jewish, Turkish, or antichristian consciences and worships, be granted to all men in all nations and countries; and they are only to be fought against with that sword which is only (in soul matters) able to conquer, to wit, the sword of God's Spirit, the Word of God.

Seventhly, the state of the Land of Israel, the kings and people thereof in peace and war, is proved figurative and ceremonial, and no pattern nor president for any kingdom or civil state in the world to follow.

Eighthly, God requireth not a uniformity of religion to be enacted and enforced in any civil state; which enforced uniformity (sooner or later) is the greatest occasion of civil war, ravishing of conscience, persecution of Christ Jesus in his servants, and of the hypocrisy and destruction of millions of souls.

Ninthly, in holding an enforced uniformity of religion in a civil state, we must necessarily disclaim our desires and hopes of the Jew's conversion to Christ.

Tenthly, an enforced uniformity of religion throughout a nation or civil state, confounds the civil and religious, denies the principles of Christianity and civility, and that Jesus Christ is come in the flesh.

Eleventhly, the permission of other consciences and worships than a state professeth only can (according to God) procure a firm and lasting peace (good assurance being taken according to the wisdom of the civil state for uniformity of civil obedience from all forts).

Twelfthly, lastly, true civility and Christianity may both flourish in a state or kingdom, notwithstanding the permission of divers and contrary consciences, either of Jew or Gentile....

TRUTH. I acknowledge that to molest any person, Jew or Gentile, for either professing doctrine, or practicing worship merely religious or spiritual, it is to persecute him, and such a person (whatever his doctrine or practice be, true or false) suffereth persecution for conscience.

But withal I desire it may be well observed that this distinction is not full and complete: for beside this that a man may be persecuted because he holds or practices what he believes in conscience to be a truth (as Daniel did, for which he was cast into the lions' den, Dan. 6), and many thousands of Christians, because they durst not cease to preach and practice what they believed was by God commanded, as the Apostles answered (Acts 4 & 5), I say besides this a man may also be persecuted, because he dares not be constrained to yield obedience to such doctrines and worships as are by men invented and appointed....

Dear TRUTH, I have two sad complaints:

First, the most sober of the witnesses, that dare to plead thy cause, how are they charged to be mine enemies, contentious, turbulent, seditious?

Secondly, shine enemies, though they speak and rail against thee, though they outrageously pursue, imprison, banish, kill thy faithful witnesses, yet how is all vermilion'd o'er for justice against the heretics? Yea, if they kindle coals, and blow the flames of devouring wars, that leave neither spiritual nor civil state, but burn up branch and root, yet how do all pretend an holy war? He that kills, and he that's killed, they both cry out: "It is for God, and for their conscience."

'Tis true, nor one nor other seldom dare to plead the mighty Prince Christ Jesus for their author, yet (both Protestant and Papist) pretend they have spoke with Moses and the Prophets who all, say they (before Christ came), allowed such holy persecutions, holy wars against the enemies of holy church.

TRUTH. Dear PEACE (to ease thy first complaint), 'tis true, thy dearest sons, most like their mother, peacekeeping, peacemaking sons of God, have borne and still must bear the blurs of troublers of Israel, and turners of the world upside down. And 'tis true again, what Solomon once spake: "The beginning of strife is as when one letteth out water, therefore (saith he) leave off contention before it be meddled with. This caveat should keep the banks and sluices firm and strong, that strife, like a breach of waters, break not in upon the sons of men."

Yet strife must be distinguished: It is necessary or unnecessary, godly or Ungodly, Christian or unchristian, etc.

It is unnecessary, unlawful, dishonorable, ungodly, unchristian, in most cases in the world, for there is a possibility of keeping sweet peace in most cases, and, if it be possible, it is the express command of God that peace be kept (Rom. 13).

Again, it is necessary, honorable, godly, etc., with civil and earthly weapons to defend the innocent and to rescue the oppressed from the violent paws and jaws of oppressing persecuting Nimrods 2 (Psal. 73; Job 29).

It is as necessary, yea more honorable, godly, and Christian, to fight the fight of faith, with religious and spiritual artillery, and to contend earnestly for the faith of Jesus, once delivered to the saints against all opposers, and the gates of earth and hell, men or devils, yea against Paul himself, or an angel from heaven, if he bring any other faith or doctrine....

PEACE. I add that a civil sword (as woeful experience in all ages has proved) is so far from bringing or helping forward an opposite in religion to repentance that magistrates sin grievously against the work of God and blood of souls by such proceedings. Because as (commonly) the sufferings of false and antichristian teachers harden their followers, who being blind, by this means are occasioned to tumble into the ditch of hell after their blind leaders, with more inflamed zeal of lying confidence. So, secondly, violence and a sword of steel begets such an impression in the sufferers that certainly they conclude (as indeed that religion cannot be true which needs such instruments of violence to uphold it so) that persecutors are far from soft and gentle commiseration of the blindness of others....

For (to keep to the similitude which the Spirit useth, for instance) to batter down a stronghold, high wall, fort, tower, or castle, men bring not a first and second admonition, and after obstinacy, excommunication, which are spiritual weapons concerning them that be in the church: nor exhortation to repent and be baptized, to believe in the Lord Jesus, etc., which are proper weapons to them that be without, etc. But to take a stronghold, men bring cannons, culverins, saker, bullets, powder, muskets, swords, pikes, etc., and these to this end are weapons effectual and proportionable.

On the other side, to batter down idolatry, false worship, heresy, schism, blindness, hardness, out of the soul and spirit, it is vain, improper, and unsuitable to bring those weapons which are used by persecutors, stocks, whips, prisons, swords, gibbets, stakes, etc. (where these seem to prevail with some cities or kingdoms, a stronger force sets up again, what a weaker pull'd down), but against these spiritual strongholds in the souls of men, spiritual artillery and weapons are proper, which are mighty through God to subdue and bring under the very thought to obedience, or else to bind fast the soul with chains of darkness, and lock it up in the prison of unbelief and hardness to eternity....

PEACE. I pray descend now to the second evil which you observe in the answerer's position, viz., that it would be evil to tolerate notorious evildoers, seducing teachers, etc.

TRUTH. I say the evil is that he most improperly and confusedly joins and couples seducing teachers with scandalous livers.

PEACE. But is it not true that the world is full of seducing teachers, and is it not true that seducing teachers are notorious evildoers?

TRUTH. I answer, far be it from me to deny either, and yet in two things I shall discover the great evil of this joining and coupling seducing teachers, and scandalous livers as one adequate or proper object of the magistrate's care and work to suppress and punish.

First, it is not an homogeneal (as we speak) but an hetergeneal 3 commixture or joining together of things most different in kinds and natures, as if they were both of one consideration....

TRUTH. I answer, in granting with Brentius 4 that man hath not power to make laws to bind conscience, he overthrows such his tenent and practice as restrain men from their worship, according to their conscience and belief, and constrain them to such worships (though it be out of a pretense that they are convinced) which their own souls tell them they have no satisfaction nor faith in.

Secondly, whereas he affirms that men may make laws to see the laws of God observed.

I answer, God needeth not the help of a material sword of steel to assist the sword of the Spirit in the affairs of conscience, to those men, those magistrates, yea that commonwealth which makes such magistrates, must needs have power and authority from Christ Jesus to fit judge and to determine in all the great controversies concerning doctrine, discipline, government, etc.

And then I ask whether upon this ground it must not evidently follow that:

Either there is no lawful commonw earth nor civil state of men in the world, which is not qualified with this spiritual discerning (and then also that the very commonweal hath more light concerning the church of Christ than the church itself).

Or, that the commonweal and magistrates thereof must judge and punish as they are persuaded in their own belief and conscience (be their conscience paganish, Turkish, or antichristian) what is this but to confound heaven and earth together, and not only to take away the being of Christianity out of the world, but to take away all civility, and the world out of the world, and to lay all upon heaps of confusion? . ..

PEACE. The fourth head is the proper means of both these powers to attain their ends.

First, the proper means whereby the civil power may and should attain its end are only political, and principally these five.

First, the erecting and establishing what form of civil government may seem in wisdom most meet, according to general rules of the world, and state of the people.

Secondly, the making, publishing, and establishing of wholesome civil laws, not only such as concern civil justice, but also the free passage of true religion; for outward civil peace ariseth and is maintained from them both, from the latter as well as from the former.

Civil peace cannot stand entire, where religion is corrupted (2 Chron. 15. 3. 5. 6; and Judges 8). And yet such laws, though conversant about religion, may still be counted civil laws, as, on the contrary, an oath cloth still remain religious though conversant about civil matters.

Thirdly, election and appointment of civil officers to see execution to those laws.

Fourthly, civil punishments and rewards of transgressors and observers of these laws.

Fifthly, taking up arms against the enemies of civil peace.

Secondly, the means whereby the church may and should attain her ends are only ecclesiastical, which are chiefly five.

First, setting up that form of church government only of which Christ hath given them a pattern in his Word.

Secondly, acknowledging and admitting of no lawgiver in the church but Christ and the publishing of His laws.

Thirdly, electing and ordaining of such officers only, as Christ hath appointed in his Word.

Fourthly, to receive into their fellowship them that are approved and inflicting spiritual censures against them that o end.

Fifthly, prayer and patience in suffering any evil from them that be without, who disturb their peace.

So that magistrates, as magistrates, have no power of setting up the form of church government, electing church officers, punishing with church censures, but to see that the church does her duty herein. And on the other side, the churches as churches, have no power (though as members of the commonweal they may have power) of erecting or altering forms of civil government, electing of civil officers, inflicting civil punishments (no not on persons excommunicate) as by deposing magistrates from their civil authority, or withdrawing the hearts of the people against them, to their laws, no more than to discharge wives, or children, or servants, from due obedience to their husbands, parents, or masters; or by taking up arms against their magistrates, though he persecute them for conscience: for though members of churches who are public officers also of the civil state may suppress by force the violence of usurpers, as Iehoiada did Athaliah, yet this they do not as members of the church but as officers of the civil state.

TRUTH. Here are divers considerable passages which I shall briefly examine, so far as concerns our controversy.

First, whereas they say that the civil power may erect and establish what form of civil government may seem in wisdom most meet, I acknowledge the proposition to be most true, both in itself and also considered with the end of it, that a civil government is an ordinance of God, to conserve the civil peace of people, so far as concerns their bodies and goods, as formerly hath been said.

But from this grant I infer (as before hath been touched) that the sovereign, original, and foundation of civil power lies in the people (whom they must needs mean by the civil power distinct from the government set up). And, if so, that a people may erect and establish what form of government seems to them most meet for their civil condition; it is evident that such governments as are by them erected and established have no more power, nor for no longer time, than the civil power or people consenting and agreeing shall betrust them with. This is clear not only in reason but in the experience of all commonweals, where the people are not deprived of their natural freedom by the power of tyrants.

And, if so, that the magistrates receive their power of governing the church from the people, undeniably it follows that a people, as a people, naturally consider (of what nature or nation soever in Europe, Asia, Africa, or America), have fundamentally and originally, as men, a power to govern the church, to see her do her duty, to correct her, to redress, reform, establish, etc. And if this be not to pull God and Christ and Spirit out of heaven, and subject them unto natural, sinful, inconstant men, and so consequently to Satan himself, by whom all peoples naturally are guided, let heaven and earth judge....

PEACE. Some will here ask: What may the magistrate then lawfully do with his civil horn or power in matters of religion?

TRUTH. His horn not being the horn of that unicorn or rhinoceros, the power of the Lord Jesus in spiritual cases, his sword not the two-edged sword of the spirit, the word of God (hanging not about the loins or side, but at the lips. and proceeding out of the mouth of his ministers) but of an humane and civil nature and constitution, it must consequently be of a humane and civil operation, for who knows not that operation follows constitution; And therefore I shall end this passage with this consideration:

The civil magistrate either respecteth that religion and worship which his conscience is persuaded is true, and upon which he ventures his soul; or else that and those which he is persuaded are false.

Concerning the first, if that which the magistrate believeth to be true, be true, I say he owes a threefold duty unto it:

First, approbation and countenance, a reverent esteem and honorable testimony, according to Isa. 49, and Revel. 21, with a tender respect of truth, and the professors of it.

Secondly, personal submission of his own soul to the power of the Lord Jesus in that spiritual government and kingdom, according to Matt. 18 and 1 Cor. 5.

Thirdly, protection of such true professors of Christ, whether apart, or met together, as also of their estates from violence and injury, according to Rom. 13.

Now, secondly, if it be a false religion (unto which the civil magistrate dare not adjoin, yet) he owes:

First, permission (for approbation he owes not what is evil) and this according to Matthew 13. 30 for public peace and quiet's sake.

Secondly, he owes protection to the persons of his subjects (though of a false worship), that no injury be offered either to the persons or goods of any....

...The God of Peace, the God of Truth will shortly seal this truth, and confirm this witness, and make it evident to the whole world, that the doctrine of persecution for cause of conscience, is most evidently and lamentably contrary to the doctrine of Christ Jesus the Prince of Peace. Amen.

Puritan Laws on Respecting Animals - 1642-1681

September 7, 1642  Thomas Graunger, late servant to Loue Brewster, of Duxborrow, was this Court indicted for buggery with a mare, a cowe, two goats, diuers sheepe, two calues, & a turkey, & was found guilty, & receiued sentence of death by hanging vntill he was dead.

June 6, 1643 The condicion, that if John Walker, sonn in law of Arthur Howland, do personally appeare before the Gouernor & Assistants at the next General Court, to be holden for this gouernment, to answere to all such matters as shalbe objected against him on his said magesteries behalf, concerning lying with a bitch, & abide the further order of the Court, [&] not depart the same without lycence; that then, et cetera.

March 6, 1665/1666  William Honywell, haueing bine committed to jayle on suspision of buggery with a beast, att this Court was examined concerning the same, & stifly deneyed it; & wheras noe sufficient euidence appeered to convict him of the said fact, hee was sett att libertie.

October 28, 1681  Thomas Saddeler araingned for bugery with a mare. The forme of his inditement is as followeth: Thomas Saddeler, thou art indited by the name of Thomas Saddeler, of Portsmouth, on Road Iland, in the jurisdiction of Prouidence Plantations, in New England, in America, labourer, for that thou, haueing not the feare of God before, nor carrying with thee the dignity of humaine nature, but being seduced by the instigation of the diuill, on the third of September in this psent year, 1681, by force & armes, att Mount Hope, in the jurisdiction of New Plymouth, a certaine mare of a blackish couller then & therre being in a certaine obscure & woodey place, on Mount Hope aforesaid, neare the ferrey, then & there thou didst tye her head vnto a bush, & then & there, wickedly & most abominably, against thy humaine nature, with the same mare then & there being felloniously & carnally didest attempt, & the the detestable sin of buggery then & there felloniously thou didest comitt & doe, to the great dishonor & contempt of Almighty God & of all mankind, & against the peace of our sou lord the Kinge, his crowne, & dignity, & against the lawes of God, his Matie, & this jurisdiction.

This bill was comitted to the judgment of the grand enquest; & their verdict indorsed theron returned was, Billa verra. And the said Saddeler was required to answare whether guilty or not guilty; vnto which hee answared, Not guilty, & desired to be tryed by his eualls; & soe a jury of 12 men was impanneled, according to law, whose names followeth: John Bourne, Encrease Robinson, John Thacher, Gershom Hall, sworn, Leiftenant Jonathan Alden, sworn, Jabez Lumbert, Ensigne Tho Leanard, John Blackwell, John Hathwey, Joseph Dunham, Thomas Wade.

The verdict of the jury as follweth: Wee find him guilty of vile, abominable, & psumtous attempts to buggery with a mare in the highest nature. And then the Court haue centanced him, the said Thomas Saddeler, to be seuerly whipt att the post, & to sitt on the galloss with a rope about his necke during the pleasure of the Court, & to be branded in the forehead with a Roman P to signify his abominable pollution, & soe to depart this gouerment; all which was pformed in the pticulars.

See:
Bradford, William.  Of Plymouth Plantation, 1620-1647. Ed. by Samuel Eliot Morison. New York: Knopf (1952).

Dayton, Cornelia Hughes.  Women Before the Bar: Gender, Law, [and] Society in Connecticut, 1639-1789. Chapel Hill: University of North Carolina Press (1995).

Demos, John.  A Little Commonwealth: Family Life in Plymouth Colony. London: Oxford University Press (1970).

Fischer, David Hackett.  Albion's Seed: Four British Folkways in America. London: Oxford University Press (1989).

PCR.  Records of the Colony of New Plymouth in New England. Ed. by Nathaniel Shurtleff and David Pulsifer. New York: AMS Press. 12 v. in 6.

Stratton, Eugene Aubrey.  Plymouth Colony: Its History [and] People, 1620-1691. Salt Lake City: Ancestry Publishing (1986).

Ulrich, Laurel Thatcher.  Good Wives: Image and Reality in the Lives of Women in Northern New England, 1650-1750. New York: Vintage Books (1980).

1643 The New England Confederation

The New England Confederation

The New England Confederation, was a political and military alliance of the English colonies of Massachusetts, Plymouth, Connecticut, and New Haven. Established May 29, 1643. Its primary purpose was to unite the Puritan colonies against the Native Americans.

ARTICLES OF CONFEDERATION between the plantations under the government of the Massachusetts, the plantations under the government of New Plymouth, the plantations under the government of Connecticut, and the government of New Haven with the plantations in combination therewith:

WHEREAS we all came into these parts of America with one and the same end and aim, namely, to advance the kingdom of our Lord Jesus Christ and to enjoy the liberties of the Gospel in purity with peace; and whereas in our settling (by a wise providence of God) we are further dispersed upon the seacoasts and rivers than was at first intended, so that we cannot according to our desire with convenience communicate in one government and jurisdiction; and whereas we live encompassed with people of several nations and strange languages which hereafter may prove injurious to us or our posterity; and forasmuch as the natives have formerly committed sundry insolences and outrages upon several plantations of the English and have of late combined themselves against us; and seeing by reason of those sad distractions in England which they have heard of, and by which they know we are hindered from that humble way of seeking advice, or reaping those comfortable fruits of protection, which at other times we might well expect, we, therefore, do conceive it our bounden duty, without delay, to enter into a present consociation among ourselves, for mutual help and strength in all our future concernments.

That, as in nation and religion, so in other respects, we be and continue one according to the tenor and true meaning of the ensuing articles. Wherefore it is fully agreed and concluded by and between the parties of jurisdictions above named, and they jointly and severally do by these presents agree and conclude that they all be and henceforth be called by the name of the United Colonies of New England.

2.The said United Colonies, for themselves and their posterities, do jointly and severally hereby enter into a firm and perpetual league of friendship and amity for offense and defense, mutual advice and succor upon all just occasions, both for preserving and propogating the truth and liberties of the Gospel and for their own mutual safety and welfare.

3.It is further agreed that the plantations which at present are, or hereafter shall be, settled within the limits of the Massachusetts shall be forever under the Massachusetts, and shall have particular jurisdiction among themselves in all cases as an entire body; and that Plymouth, Connecticut, and New Haven shall each of them have like particular jurisdiction and government within their limits, and in reference to the plantations which already are settled, or shall hereafter be erected, or shall settle within their limits respectively; provided that no other jurisdiction shall hereafter be taken in as a distinct head or member of this confederation, nor shall any other plantation or jurisdiction in present being, and not already in combination or under the jurisdiction of any of these confederates, be received by any of them; nor shall any two of the confederates join in one jurisdiction without consent of the rest, which consent to be interpreted as is expresed in the 6th article ensuing.

4.It is by these confederates agreed that the charge of all just wars, whether offensive or defensive, upon what part or member of this confederation soever they fall, shall both in men and provisions and all other disbursements be borne by all the parts of this confederation in different proportions according to their different ability in manner following, namely, that the commissioners for each jurisdiction, from time to time as there shall be occasion, bring a true account and number of all the males in every plantation or any way belonging to or under their federal jurisdictions of what quality or condition soever they be from sixteen years old to threescore being inhabitants there. And that according to the different numbers which from time to time shall be found in each jurisdiction, upon a true and just account, the service of men and all charges of the war be borne by the poll; each jurisdiction or plantation being left to their own course and custom of rating themselves and people according to their different estates with due respects to their qualities and exemptions among themselves though the confederation take no notice of any such privilege; and that according to their different charge of each jurisdiction and plantation, the whole advantage of the war (if it please God to bless their endeavors), whether it be in lands, goods, or persons, shall be proportionately divided among the said confederates.

5.It is further agreed that, if any of these jurisdictions or any plantation under or in combination with them be invaded by any enemy whatsoever, upon notice and request of any three magistrates of that jurisdiction so invaded, the rest of the confederates, without any further meeting or expostulation, shall forthwith send aid to the confederate in danger but in different proportions; namely, the Massachusetts, 100 men sufficiently armed and provided for such a service and journey, and each of the rest, 45 so armed and provided, or any less number, if less be required according to this proportion. But in any such case of sending men for present aid, whether before or after such order or alteration, it is agreed that at the meeting of the commissioners for this confederation the cause of such war or invasion be duly considered; and if it appear that the fault lay in the parties so invaded that then that jurisdiction or plantation make just satisfaction, both to the invaders whom they have injured, and bear all the charges of the war themselves, without requiring any allowance from the rest of the confederates toward the same. And, further, that if any jurisdiction see any danger of any invasion approaching, and there be time for a meeting, that in such case three magistrates of that jurisdiction may summon a meeting at such convenient place as themselves shall think meet, to consider and provide against the threatened danger; provided when they are met they may remove to what place they please. Only while any of these four confederates have but three magistrates in their jurisdiction, their request or summons from any two of them shall be accounted of equal force with the three mentioned in both the clauses of this article, till there be an increase of magistrates there.

6.It is also agreed that for the managing and concluding of all affairs proper and concerning the whole confederation, two commissioners shall be chosen by and out of each of these four jurisdictions; namely, two for the Massachusetts, two for Plymouth, two for Connecticut, and two for New Haven, being all in church fellowship with us, which shall bring full power from their several General Courts respectively to hear, examine, weigh, and determine all affairs of our war or peace leagues, aids, charges, and numbers of men for war, division of spoils and whatsoever is gotten by conquest, receiving of more confederates for plantations into combination with any of the confederates, and all things of like nature, which are the proper concommitants or consequents of such a confederation for amity, offense, and defense, not inter-meddling with the government of any of the jurisdictions, which by the 3rd article is preserved entirely to themselves  It is further agreed that these eight commissioners shall meet once every year, besides extraordinary meetings (according to the 5th article), to consider, treat, and conclude of all affairs belonging to this confederation 

7.It is also agreed that the commissioners for this confederation hereafter at their meetings, whether ordinary or extraordinary, as they may have commission or opportunity, do endeavor to frame and establish agreements and orders in general cases of a civil nature, wherein all the plantations are interested, for preserving peace among themselves and preventing as much as may be all occasion of war or difference with others, as about the free and speedy passage of justice in every jurisdiction, to all the confederates equally as to their own, receiving those that remove from one plantation to another without due certificates; how all the jurisidictions may carry it toward the Indians, that they neither grow insolent nor be injured without due satisfaction, lest war break in upon the confederates through such miscarriage.

It is agreed that if any servant run away from his master into any other of these confederated jurisdictions, that in such case, upon the certificate of one magistrate in the jurisdiction out of which the said servant shall be delivered either to his master or any other that pursues and brings such certificate of proof. And that upon the escape of any prisoner whatsoever, or fugitive for any criminal cause, whether breaking prison, or getting away from the officer, or otherwise escaping, upon the certificate of two magistrates of the jurisdiction out of which the escape is made, that he was a prisoner, or such an offender at the time of the escape, the magistreates, or some of them of that jurisdiction where for the present the said prisoner or fugitive abides, shall forthwith grant such a warrant as the case will bear for the apprehending of any such person, and the delivery of him into the hands of the officer or other person who pursues him. And if there be help required for the safe returning of any such offender, then it shall be granted to him that craves the same, he paying the charges thereof.

8.And for that the justest wars may be of dangerous consequence, especially to the smaller plantations in these United Colonies, it is agreed that neither the Massachusetts, Plymouth, Connecticut, nor New Haven, nor any of the members of them, shall at any time hereafter begin, undertake, or engage themselves, or this confederation, or any part thereof in any war whatsoever (sudden exigents with the necessary consequents thereof excepted which are also to be moderated as much as the case will permit) without the consent and agreement of the forenamed eight commissioners, or at least six of them, as in the 6th article is provided; and that no charge be required of any of the confederates in case of a defensive war till the said commissioners have met and approved the justice of the war, and have agreed upon the sum of money to be levied, which sum is then to be paid by the several confederates in proportion according to the 4th article 

9.It is further agreed that if any of the confederates shall hereafter break any of these present articles, or be any other ways injurious to any one of the other jurisdictions, that both peace and this present confederation may be entirely preserved without violation.

1642 Education - Massachusetts Bay School Law

Massachusetts Bay School Law

Forasmuch as the good education of children is of singular behoof and benefit to any Common-wealth; and wheras many parents & masters are too indulgent and negligent of their duty in that kinde.

It is therfore ordered that the Select men of everie town, in the severall precincts and quarters where they dwell, shall have a vigilant eye over their brethren & neighbours, to see, first that none of them shall suffer so much barbarism in any of their families as not to indeavour to teach by themselves or others, their children & apprentices so much learning as may inable them perfectly to read the english tongue, & knowledge of the Capital Lawes: upon penaltie of twentie shillings for each neglect therin.

Also that all masters of families doe once a week (at the least) catechize their children and servants in the grounds & principles of Religion, & if any be unable to doe so much: that then at the least they procure such children or apprentices to learn some short orthodox catechism without book, that they may be able to answer unto the questions that shall be propounded to them out of such catechism by their parents or masters or any of the Select men when they shall call them to a tryall of what they have learned of this kinde.

And further that all parents and masters do breed & bring up their children & apprentices in some honest lawful calling, labour or imployment, either in husbandry, or some other trade profitable for themselves, and the Common-wealth if they will not or cannot train them up in learning to fit them for higher imployments.

And if any of the Select men after admonition by them given to such masters of families shal finde them still negligent of their dutie in the particulars aforementioned, wherby children and servants become rude, stubborn & unruly; the said Select men with the help of two Magistrates, or the next County court for that Shire, shall take such children or apprentices from them & place them with some masters for years (boyes till they come to twenty one, and girls eighteen years of age compleat) which will more strictly look unto, and force them to submit unto government according to the rules of this order, if by fair means and former instructions they will not be drawn into it.

1642 Laws for Harvard College - No Women Allowed

Educating the Boys

Harvard College Laws of 1642

(from New England's First Fruits)

1. When any Schollar is able to Read Tully or such like classicall Latine Author ex tempore, and make and speake true Latin in verse and prose suo (ut aiunt) Marte, and decline perfectly the paradigmes of Nounes and verbes in the Greeke tongue, then may hee bee admitted into the College, nor shall any claime admission before such qualifications.

2. Every one shall consider the mayne End of his life and studyes, to know God and Jesus Christ which is Eternall life. Joh. 17.3.

3. Seeing the Lord giveth wisdome, every one shall seriously by prayer in secret, seeke wisdome of him.

4. Every one shall so exercise himselfe in reading the Scriptures twice a day that they bee ready to give an account of their proficiency therein, both in theoreticall reteine God and his truth in their minds.

7. They shall honour as their parents, Magistrates, Elders, tutours and aged persons, by beeing silent in their presence (except they bee called on to answer) not gainesaying shewing all those laudable expressions of honour and Reverence in their presence, that are in uses as bowing before them standing uncovered or the like.

8. They shall be slow to speake, and eschew not onely oathes, Lies, and uncertaine Rumours, but likewise all idle, foolish, bitter scoffing, frothy wanton words and offensive gestures.

The Chesapeake Headright System Increases Numbers of Female Indentured Servants

Franz Feyerabend (1755-1800) Female Wearing a Neck Stock

Both Virginia and Maryland employed the “headright” system to encourage the importation of the servant workers, that they so desperately needed. Under its terms, whoever paid the passage of a laborer received the right to acquire fifty acres of land, thus reaping the benefits of landownership from the headright system. Some elites soon parlayed their investments and servants into huge fortunes in real estate, and became land-rich merchant planters. Some amassed of vast riverfront plantations that came to dominate the agriculture and commerce of the southern colonies.

The idea of indentured servitude was born of a need for cheap labor. With passage to the Colonies expensive for all but the wealthy, the Virginia Company developed the system of indentured servitude to attract workers. Indentured servants became vital to the Chesapeake economy. The timing was ideal. The Thirty Year's War had left Europe's economy depressed, and many skilled and unskilled laborers were without work. A new life in the New World offered a glimmer of hope. Hungry for both labor and land and community power, Chesapeake planters brought some 100,000 indentured servants to the region by 1700. These workers, “white slaves,” represented more than 75% of all European immigrants to Virginia and Maryland in the seventeenth century.

Servants typically worked 4 to 7 years in exchange for passage, room, board, lodging and freedom dues. While the life of an indentured servant was harsh and restrictive, it wasn't slavery. There were laws that protected some of their rights. But their lives were not easy, and the punishments meted out to people who wronged were harsher than those for non-servants. An indentured servant's contract could be extended as punishment for breaking a law, such as running away, or in the case of female servants, becoming pregnant.

Misbehaving servants might be punished with an extended term of service even after formal freedom was granted. Penniless recently freed workers often had little choice but to hire themselves to their masters or to neighboring landowners in need of hands. Because women were scarce in the Chesapeake, some of the women might become the wives of planters, especially widowers with a family of young children.

Indentured servants led a hard but hopeful life in the early days of the Chesapeake settlements. They looked forward to becoming free and acquiring land of their own after completing their term of servitude.  But as prime land became scarcer, grand landowners became increasingly resistant to including small land grants in “freedom dues” doled out to each indentured servant, when the contract was completed.

Portrait of an 17C Boston British-American Woman and her Daughter

The Freake Limner (American Colonial Era Painter, active 1670-c 1680) Mrs Elizabeth Freake and Baby Mary 1674

The artist depicted Elizabeth Feake, in a way that highlights her conservative wealth—and thus her favorable position within the eye’s of God—and her religious moderateness. Elizabeth wears unexpectedly fine attire. A small amount of blond hair is visible underneath her white lace hood. That hood brings visual attention to the white collar and the striking white lace that covers most of the bodice of her silver taffeta dress. Underneath her skirt is a striking red-orange velvet underskirt that is embroidered with a gold, lace-like pattern. She wears a white blouse that features lace cuffs on the sleeves, while red and black bows provide a visual splash of color and contrast against an otherwise somewhat achromatic ensemble. Elizabeth’s portrait is filled with baubles that speak to their affluence and to the family’s growth. She wears a triple-stranded string of pearls about her neck, a gold ring on her finger and a four-stranded garnet bracelet can be seen on her left thumb and wrist. She sits on a fashionable chair, and a Turkey-work rug can be seen resting on the back of the chair. Although Elizabeth currently holds her infant Mary, radiograph x-ray photography shows that she originally held a fan. That the painting has been modified—fan out, new baby who wears a fashionable dress in—demonstrates the relatively extravagant cost of having a portrait commissioned in the seventeenth century. It was more practical to have your daughter painted into an old portrait than to pay for a new one.

1630 John Winthrop's City on a Hill Declaration - The Words They Lived By

Excerpts from "A Model of Christian Charity" by John Winthrop 1630

It rests now to make some application of this discourse.…

1. For the persons. We are a company professing ourselves fellow members of Christ, in which respect only though we were absent from each other many miles, and had our employments as far distant, yet we ought to account ourselves knit together by this bond of love, and live in the exercise of it, if we would have comfort of our being in Christ.…

2nly for the work we have in hand. It [our task] is by a mutual consent, through a special overvaluing providence and a more than an ordinary approbation of the Churches of Christ, to seek out a place of cohabitation… under a due form of Government both civil and ecclesiastical. In such cases as this, the care of the public must oversway all private respects, by which, not only conscience, but mere civil policy, does bind us. For it is a true rule that particular Estates cannot subsist in the ruin of the public.

3ly The end is to improve our lives to do more service to the Lord; the comfort and increase of the body of Christ, whereof we are members; that ourselves and posterity may be the better preserved from the common corruptions of this evil world, to serve the Lord and work out our Salvation under the power and purity of his holy ordinances.

4thly for the means whereby this must be effected. They are twofold, a conformity with the work and end we aim at. These we see are extraordinary, therefore we must not content ourselves with usual ordinary means. Whatsoever we did, or ought to have done, when we lived in England, the same must we do, and more also, where we go. That which the most in their churches maintain as truth in profession only, we must bring into familiar and constant practice; as in this duty of love, we must love brotherly without dissimulation, we must love one another with a pure heart fervently. We must bear one another’s burdens. We must not look only on our own things, but also on the things of our brethren. Neither must we think that the Lord will bear with such failings at our hands as he does from those among whom we have lived.…When God gives a special commission he looks to have it strictly observed in every article…

Thus stands the cause between God and us. We are entered into Covenant with Him for this work. We have taken out a commission. The Lord has given us leave to draw our own articles.

…If the Lord shall please to hear us, and bring us in peace to the place we desire, then has he ratified this covenant and sealed our Commission, and will expect a strict performance of the articles contained in it; but if we shall neglect the observation of these articles which are the ends we have propounded, and, dissembling with our God, shall fall to embrace this present world and prosecute our carnal intentions, seeking great things for ourselves and our posterity, the Lord will surely break out in wrath against us; be revenged of such a perjured people and make us know the price of the breach of such a covenant.

Now the only way to avoid this shipwreck, and to provide for our posterity, is to follow the counsel of Micah, to do justly, to love mercy, to walk humbly with our God. For this end, we must be knit together in this work as one man. We must entertain each other in brotherly affection. We must be willing to abridge ourselves of our superfluities, for the supply of other’s necessities. We must uphold a familiar commerce together in all meekness, gentleness, patience and liberality. We must delight in each other; make other’s conditions our own; rejoice together, mourn together, labor and suffer together, always having before our eyes our commission and community in the work, as members of the same body.… The Lord will be our God, and delight to dwell among us, as his own people, and will command a blessing upon us in all our ways, so that we shall see much more of his wisdom, power, goodness and truth, than formerly we have been acquainted with.

We shall find that the God of Israel is among us, when ten of us shall be able to resist a thousand of our enemies; when he shall make us a praise and glory that men shall say of succeeding plantations, "the Lord make it like that of New England." For we must consider that we shall be as a city upon a hill. The eyes of all people are upon us. So that if we shall deal falsely with our God in this work we have undertaken, and so cause him to withdraw his present help from us, we shall be made a story and a by-word through the world. We shall open the mouths of enemies to speak evil of the ways of God.…

1677 The Revenge of Marblehead, MA Women on Native Americans - from Insults to Violence

Robert Roule, Deposition, MS 252, Edward E. Ayer Collection, The Newberry Library, Chicago, Illinois.

I Robert Roules of Marblehead, mariner, aged thirty years or thereabouts, belonging to the catch William and Sarah of Salem, do upon oath say, that Joseph Bovey went out master of the said ketch upon a fishing voyage to the eastern coast.

After we had caught, and being about half laden with fish, and riding at an anchor at port La Tour, near cape Sable, and on the easterly side thereof, on the 7th of this instant, July, it being saturday, purposing here to take in wood and water, and in two days to be again upon our fishing design, but on the Lords day) being the 8th instant, in line dawaning of the day, there came suddenly on board of us a canoe of Indians, in number nine or ten, as near as could judge, with their arms ready fixed, loaded and cocked.

I first discovered them, and dropped down upon deck to save myself from their shot. They immediately fired upon us, and their shot chiefly struck against the windlass, and so did not hurt us. I then called to them, and said What for you kill Englishmen? They answered me, If Englishmen shoot we kill—if not shoot, we no kill. They then ordered us to come up.

By this time they had boarded us, and we were obliged to surrender without conditions. They then proceeded to bind me, and the other four men with me, the master, Capt. Bovey being one. They stripped us, one after the other of all our clothes, only leaving tie a greasy shirt and waistcoat, and drawers we used to fish in, our shoes and stockings being in the cabin.

They then gave us liberty to sit upon deck, bound as we were all, till about two of the clock in the afternoon. After this they unbound us, and commanded us to sail our vessel towards Penobscot, which we endeavored to do; but the wind shortening we were forced to come to an anchor again, and lay there till the second day of our capture.

In the meantime, they told us they intended to kill all of us, and all the Englishmen, being in number twenty six, including boys, except three. They had taken four other vessels besides ours. On the second day they commanded us and the other ketches to sail together for Penobscot.

The Indians had dispersed themselves into all the ketches; there being seventy or eighty of them. As we sailed onward we espied a bark and gave her chase and soon took her, and found it Mr. Watts vessel.

The Indians compelled us to haile him, and he answered us he was from Boston, bound on a fishing voyage. To prevent the murder of him and his men, as soon as we came up with him we told him he was taken, but he thinking it only a joke, laughed at us.

The Indians now rose up and told Capt Watts if he did not strike they were all dead men. All but four of the Indians then went on board him, divided and mixed the Englishmen in the different vessels with themselves; sending master Bovey with one man more of our company, onboard another ketch, and left me as master of the ketch, (they wholly disliking the said Bovey) with an old man, whom I desired. And now being on board with Capt. Watts, the Indians having sent two of their number away, took two of Capt. Watts' men in their place, whereof one was William Buswell.

We had not been thus situated but a short time, when another sail was discovered, and we were commanded to give chase. We did so till it began to grow disky [dusky], and then the Indian Sagamore of our vessel ordered me, who being at the helm, to bear up; but I refused.

Thereupon the Sagamore grew angry, and was about to fall upon me, which William Buswell observing, seized him by the throat, and a close scuffle ensued. Buswell however soon tripped up his heels, fell upon him, and kept him down with his knee upon his breast.

Meantime, another of my companions in captivity, named Richard Dowries, closing with a second Indian, succeeded in getting him down also; and in attempting to throw him overboard, his legs became entangled, which Buswell perceiving, left his man, and seizing upon him too, they quickly threw him into the sea.

While this was going on the other Englishmen were enabled to confine the other Sagamore in the cook room, by shutting down the scuttle upon him. All hands then grasped another Indian and threw him overboard. It was a desperate attempt, but the victory was now certain. The two remaining Indians were Sagamores, one was an old man the other was a young man. One was fast in the cook room, and the other was glad to surrender to save his life.

We next proceeded to bind the two Indians, and then made all the sail we could to the southward, and on the fifteenth day [Sunday], a little before sun-down, we came to an anchor in the harbor of Marblehead.

News had reached this place that we were all killed and many people flocked to the water side to learn who we were and what other news they could, concerning the many vessels that had been taken by the Indians. They hailed us, and then some came on board; and when they saw the Indians, they demanded why we kept them alive and why we had not killed them.

We answered them, that we had lost everything, even to our clothes, and we thought if we brought them in alive, we might get somewhat by them towards our losses, But this did not satisfy the people, who were angry at the sight of the Indians, and now began to grow clamorous. We told them we should take them on shore and deliver them into the hands of the constable of the town, that they might be answerable to the court at Boston; and so we carried them on shore with their hands bound behind them,

Being on shore, the whole town flocked about them, beginning at first to insult them, and soon after, the women surrounded them, drove us by force from them, (we escaping at no little peril,) and laid violent hands upon the captives, some stoning us in the meantime, because we would protect them, others seizing them by the hair, got full possession of them, nor was there any way left by which we could rescue them. Then with stones, billets of wood, and what else they might, they made an end of these Indians.

We were kept at such distance that we could not see them till they were dead, and then we found them with their heads off and gone, and their flesh in a manner pulled from their bones. And such was the tumultation these women made, that for my life I could not tell who these women were, or the names of any of them.

They cried out and said, if the Indians had been carried to Boston, that would have been the end of it, and they would have been set at liberty; but said they, if there had been forty of the best Indians in the country here, they would have killed them all, though they should be hanged for ii. They suffered neither constable nor mandrake, nor any other person to come near them, until they had finished their broody purpose.
Taken upon oath this Robert Roules. 7th of July, 1677.
Edward Rowson, Sec.

1640 Founding of Harvard College - for Men Only

New England's First Fruits 1640, for Men Only, Of Course...

The History of the Founding of Harvard College

AFTER GOD HAD carried us safe to New England, and we had built our houses, provided necessaries for our livelihood, reared convenient places for God's worship, and led the civil government, one of the next things we longed for and looked after was to advance learning and perpetuate it to posterity; dreading to leave an illiterate ministry to the churches, when our present ministers shall lie in the dust.

And as we were thinking and consulting how to effect this great work, it pleased God to stir up the heart of one Mr. Harvard (a godly gentleman and a lover of learning, there living among us) to give the one-half of his estate (it being in all about £700) toward the ing of a college, and all his library. After him, another gave £300; others after them cast in more; and the public hand of the state added the rest. 

The college was, by common consent, appointed to be at Cambridge (a place very pleasant and accommodate) and is called (according to the name of the first founder) Harvard College. The edifice is very fair and comely within and without, having in it a spacious hall where they daily meet at commons, lectures, and exercises; and a large library with some books to it, the gifts of diverse of our friends, their chambers and studies also fitted for and possessed by the students, and all other rooms of office necessary and convenient with all needful offices thereto belonging. And by the side of the college, a fair grammar school, for the training up of young scholars and fitting of them for academical learning, that still as they are judged ripe they may be received into the college of this school. 

Master Corlet is the master who has very well approved himself for his abilities, dexterity, and painfulness in teaching and education of the youths under him. 

Over the college is Master Dunster placed as president, a learned, a conscionable, and industrious man, who has so trained up his pupils in the tongues and arts, and so seasoned them with the principles of divinity and Christianity, that we have to our great comfort (and in truth) beyond our hopes, beheld their progress in learning and godliness also. The former of these has appeared in their public declamations in Latin and Greek, and disputations logic and philosophy which they have been wonted (besides their ordinary exercises in the college hall) in the audience of the magistrates, ministers, and other scholars for the probation of their growth in learning, upon set days, constantly once every month to make and uphold. The latter has been manifested in sundry of them by the savory things of their spirits in their godly versation; insomuch that we are confident, if these early blossoms may be cherished and warmed with the influence of the friends of learning and lovers of this pious work, they will, by the help of God, come to happy maturity in a short time.

Over the college are twelve overseers chosen by the General Court, six of them are of the magistrates, the other six of the ministers, who are to promote the best good of it and (having a power of influence into all persons in it) are to see that everyone be diligent and proficient in his proper place.