Court, and all their Townships, and their Commissioners authorized to ratifie them by their subscriptions, which they accordingly did, the 7 day of September, 1643.

No. 20. Government of New Haven

October 27/November 6, 1643

INDEPENDENT settlements, similar to New Haven, were established at Guilford and Milford in 1639, and at Stamford and Southold (Long Island) in 1640. In 1643 these settlements united with New Haven in a representa→ tive government, under which the colony continued until 1662, when New Haven was incorporated with Connecticut under a royal charter.

REFERENCES. Text in New Haven Colonial Records, 1638-1649, pp. 112116. For general references, see under No. 16, ante.

Itt was agreed and concluded as a foundamentall order nott to be disputed or questioned hereafter, thatt none shall be admitted to be free burgesses in any of the plantations within this jurisdiction for the future, butt such planters as are members of some or other of the approved churches in New England, nor shall any butt such free burgesses have any vote in any election, (the six present freemen att Milforde enjoying the liberty with the cautions agreed,*) nor shall any power or trust in the ordering of any civill affayres, be att any time putt into the hands of any other then such church members, though as free planters, all have right to their inherritance & to comerce, according to such grants,. orders and lawes as shall be made concerning the same.

2. All such free burgesses shall have power in each towne or plantation within this jurisdiction to chuse fitt and able men, from amongst themselves, being church members as before, to be the ordinary judges, to heare and determine all inferior causes, whether civill or criminall, provided thatt no civill cause to be tryed in any of these plantation Courts in value exceed 20', and thatt the punishment in such criminalls, according to the minde of God, revealed in his word, touching such offences, doe nott exceed stocking and whipping, or if the fine be pecuniary, thatt itt exceed nott five pounds. In which Court the magistrate or magistrates, if any be chosen by the free burgesses of the jurisdiction for thatt plantation, shall sitt and assist with due respect

* See New Haven Colonial Records, 1638-1649, pp. 110, 11I.

to their place, and sentence shall pass according to the vote of the major part of each such Court, onely if the partyes, or any of them, be nott satisfyed with the justice of such sentences or executions, appeales or complaints may be made from and against these Courts to the Court of Magistrates for the whole jurisdiction.

3. All such free burgesses through the whole jurisdiction, shall have vote in the election of all magistrates, whether Governor, Deputy Governor, or other magistrates, with a Treasurer, a Secretary and a Marshall, &c. for the jurisdiction. And for the ease of those free burgesses, especially in the more remote plantations, they may by proxi vote in these elections, though absent, their votes being sealed up in the presence of the free burgesses themselves, thatt their severall libertyes may be preserved, and their votes directed according to their owne perticular light, and these free burgesses may, att every election, chuse so many magistrates for each plantation, as the weight of affayres may require, and as they shall finde fitt men for thatt trust. Butt it is provided and agreed, thatt no plantation shall att any election be left destitute of a magistrate if they desire one to be chosen out of those in church fellowshipp with them.

4. All the magistrates for the whole jurisdiction shall meete twice a yeare att Newhaven, namely, the Munday immediately before the sitting of the two fixed Generall Courts hereafter mentioned, to keep a Court called the Court of Magistrates, for the tryall of weighty and capitall cases, whether civil or criminall, above those lymitted to the ordinary judges in the perticular plantations, and to receive and try all appeales brought unto them from the aforesaid Plantation Courts, and to call all the inhabitants, whether free burgesses, free planters or others, to account for the breach of any lawes established, and for other misdemeanours, and to censure them according to the quality of the offence, in which meetings of magistrates, less then fower shall nott be accounted a Court, nor shall they carry on any busines as a Court, butt itt is expected and required, thatt all the magistrates in this jurisdiction doe constantly attend the publique service att the times before mentioned, & if any of them be absent att one of the clock in the afternoone on Munday aforesaid, when the court shall sitt, or if any of them depart the towne without leave, while the court sitts, he or they shall pay for any such

default, twenty shillings fine, unless some providence of God occasion the same, which the Court of Magistrates shall judge off from time to time, and all sentences in this court shall pass by the vote of the major part of magistrates therein, butt from this Court of Magistrates, appeales and complaints may be made and brought to the Generall Court as the last and highest for this jurisdiction; butt in all appeales or complants from, or to, what court soever, due costs and damages shall be payd by him or them thatt make appeale or complaint without just cause.

5. Besides the Plantation Courts and Court of Magistrates, their shall be a Generall Court for the Jurisdiction, which shall consist of the Governor, Deputy Governor and all the Magistrates within the Jurisdiction, and two Deputyes for every plantation in the Jurisdiction, which Deputyes shall from time to time be chosen against the approach of any such Generall Court, by the aforesaid free burgesses, and sent with due certifficate to assist in the same, all which, both Governor and Deputy Governor, Magistrates and Deputyes, shall have their vote in the said Court. This Generall Court shall alwayes sitt att Newhaven, (unless upon weighty occasions the Generall Court see cause for a time to sitt elsewhere,) and shall assemble twice every yeare, namely, the first Wednesday in Aprill, & the last Wednesday in October, in the later of which Courts, the Governor, the Deputy Governor and all the magistrates for the whole jurisdiction with a Treasurer, a Secretary and Marshall, shall yearely be chosen by all the free burgesses before mentioned, besides which two fixed courts, the Governor, or in his absence, the Deputy Governor, shall have power to summon a Generall Court att any other time, as the urgent and extraordinary occasions of the jurisdiction may require, and att all Generall Courts, whether ordinary or extraordinary, the Governor and Deputy Governor, and all the rest of the magistrates for the jurisdiction, with the Deputyes for the severall plantations, shall sitt together, till the affayres of the jurisdiction be dispatched or may safely be respited, and if any of the said magistrates or Deputyes shall either be absent att the first sitting of the said Generall Court, (unless some providence of God hinder, which the said Court shall judge of,) or depart, or absent themselves disorderly before the Court be finished, he or they shall each of them pay twenty shillings fine, with due considerations of further aggravations if there shall be cause;

which Generall Court shall, with all care and dilligence provide for the maintenance of the purity of religion, and shall suppress the contrary, according to their best light from the worde of God, and all wholsome and sound advice which shall be given by the elders and churches in the jurisdiction, so farr as may concerne their civill power to deale therein.

Seconly, they shall have power to mak and repeale lawes, and, while they are in force, to require execution of them in all the severall plantations.

Thirdly, to impose an oath upon all the magistrates, for the faithfull discharge of the trust comitted to them, according to their best abilityes, and to call them to account for the breach of any lawes established, or for other misdemeanors, and to censure them, as the quality of the offence shall require.

Fowerthly, to impose and [an] oath of fidelity and due subjection to the lawes upon all the free burgesses, free planters, and other inhabitants within the whole jurisdiction.

5ly to settle and leivie rates and contributions upon all the severall plantations, for the publique service of the jurisdiction.

6ly, to heare and determine all causes, whether civil or criminall, which by appeale or complaint shall be orderly brought unto them from any of the other Courts, or from any of the other plantations, In all which, with whatsoever else shall fall within their cognisance or judicature, they shall proceed according to the scriptures, which is the rule of all rightous lawes and sentences, and nothing shall pass as an act of the Generall Court butt by the consent of the major part of magistrates, and the greater part of Deputyes.

No. 21. Maryland Toleration Act

April, 1649

PRACTICAL religious toleration existed in Maryland from the first, although for some years the Jesuits were the only clergy in the colony. The Puritan party, however, increased; and the success of Parliament in its struggle with the king forced Baltimore not only to protect the Catholics, but also to guard against the charge that Maryland was a Catholic colony. To that end, in 1648 he removed the governor, Thomas Greene, a Catholic, and appointed William Stone of Virginia, a Protestant and an adherent of the Parliamentary

In

cause. With the new commissions for the governor and council, Baltimore also sent drafts of sixteen proposed laws, one of which, apparently, was the Toleration Act. The act was passed by an assembly, the majority of whom were probably Catholics, held at St. Mary's, April 2-21, 1649. A proviso in Stone's commission, forbidding him to assent to the repeal of any law, past or future, concerning religion, was designed to prevent later interference. 1654, when the Puritans gained control, the protection hitherto accorded to Catholics was withdrawn; but the act of 1649 was revived in 1658, on the restoration of Baltimore's authority, and was incorporated in the revision of the laws made in 1676. An order of 1659, imposing penalties upon Quakers, seems not to have been enforced.

REFERENCES.- - Text in Browne's Archives of Maryland, I., 244-247. On the general subject of toleration in Maryland, see references in Winsor's Narr. and Crit. Hist., III., 560–562.

AN ACT CONCERNING RELIGION

[The first part of the act provides for the punishment of blasphemy and Sabbath-breaking, and of such persons as shall call any one within the Province "an heretick, Scismatick, Idolator, puritan, Independant, Prespiterian popish prest, Jesuite, Jesuited papist, Lutheran, Calvenist, Anabaptist, Brownist, Antinomian, Barrowist, Roundhead, Separatist, or any other name or terme in a reproachfull manner relating to matter of Religion."] And whereas the inforceing of the conscience in matters of Religion hath frequently fallen out to be of dangerous Consequence in those commonwealthes where it hath been practised, And for the more quiett and peaceable governement of this Province, and the better to preserve mutuall Love and amity amongst the Inhabitants thereof. Be it Therefore . . . enacted (except as in this present Act is before Declared and sett forth) that noe person or persons whatsoever within this Province, or the Islands, Ports, Harbors, Creekes, or havens thereunto belonging professing to beleive in Jesus Christ, shall from henceforth bee any waies troubled, Molested or discountenanced for or in respect of his or her religion nor in the free exercise thereof within this Province or the Islands thereunto belonging nor any way compelled to the beleife or exercise of any other Religion against his or her consent, soe as they be not unfaithful to the Lord Proprietary, or molest or conspire against the civill Government established or to bee established in this Province under him or his heires. And that all & every person and persons that shall presume Contrary to this Act and the true intent and meaning