day of the seventh month translates as September 2.
Colonial Origins of the American Constitution
[Agreement of the Settlers at Exeter in New Hampshire]
The first document reproduced in this collection is a typical political covenant. A comparison with the Mayflower Compact [3] shows both the similarity with that earlier document as well as the more developed, detailed content of this one. It is quite certain that the people of Exeter had not read, or even heard of, the Mayflower Compact. The similarities between the two result instead from their common roots in the church covenant form. Many editors, including Francis N. Thorpe, reproduce the agreement only up to the thirty-five signatures. In this volume, however, the oaths immediately following in the town records are also reproduced because they are clearly part of the founding act. The words “doe in the name of Christ & in the sight of God” constitute the oath that makes this agreement a covenant, and the oaths of the elders and of the people following the signatures, to be administered later to everyone joining these categories, ensure that all future citizens and leaders are made parties to the original covenant.
Complete text and spelling taken from Isaac W. Hammond, ed., Documents Relating to Towns in New Hampshire (Concord, N.H.: Parsons B. Cogswell, 1882), 32–134. The spelling and grammar of the original are retained here.
Whereas it hath pleased the Lord to moue the heart of our Dread Soveraigne Charles, by the grace of God, King of England, Scotland, France & Ireland, to grant license & liberty to sundry of his subjects to plant themselves in the westerne partes of America: Wee, his loyall subjects, brethren of the church of Exeter, situate & lying upon Piscataquacke, wth other inhabitants there, considering wth ourselves the holy will of god and our owne necessity, that we should not live whout wholsome lawes & government amongst us, of wch we are altogether destitute; doe in the name of Christ & in the sight of God combine ourselves together, to erect & set up amongst us such government as shall be to our best discerning, agreeable to the will of god, professing ourselves subjects to our Sovereign Lord King Charles, according to the Libertys of our English Colony of the Massachusetts & binding ourselves solemnely by the grace & helpe of Christ & in his name & fear to submit ourselves to such godly & christian laws as are established in the realme of England to our best knowledge, & to all other such lawes wch shall upon good grounds, be made & inacted amongst us according to God, yt we may live quietly & peaceablely together, in all godliness and honesty.
Mon., 5th d., 4th, 1639.
[Signed by John Whelewright and thirty-four others.]
THE ELDERS OR RULERS OATH
You shall swear by the great and dreadful Name of the High God, Maker and Governor of Heaven and earth and by the Lord Jesus Christ, the Prince of the Kings and rulers of the earth, that in his Name and fear you will rule and govern his people according to the righteous will of God, ministering justice and judgment on the workers of iniquite, and ministering due incouragement and countenance to well doers, protecting of the people so far as in you lieth, by the help of God from foreigne annoyance and inward desturbance, that they may live a quiet and peacabble life in all godliness and honesty. So God be helpful and gracious to you and yours in Christ Jesus.
THE OATH OF THE PEOPLE
We do swear by the Great and dreadful Name of the High God, Maker and Governor of heaven and earth, and by the Lord Jesus Christ, the King and Saviour of his people, that in his Name and fear, we will submit ourselves to be ruled and governed according to the will and word of God, and such wholsome laws and ordinances as shall be derived therefrom by our honored Rulers and the lawful assistants, with the consent of the people, and that we will be ready to assist them by the help of God, in the administration of justice and preservation of the peace, with our bodies and goods and best endeavors according to God. So God protect and save us and ours in Jesus Christ.
General Laws and Liberties of New Hampshire
This document can be compared with such similar documents as the Pilgrim Code of Law, 1636 [20]; the Massachusetts Body of Liberties, 1641 [22]; the Connecticut Code of Laws, 1650 [52]; the Pennsylvania Charter of Liberties, 1701 [61]; and the three Virginia codes [69, 70, and 72]; all of which functioned as codes of law. These early legal summaries, however, inevitably had a constitutional status as well. For one reason, they defined the basic laws of what amounted to new polities because colonial charters granted significant independence for the creation and operation of local government. For another reason, because they selectively appropriated and altered English common law in light of their own beliefs and local situation, these codes amounted to a conscious refounding of English constitutionalism. More than a simple code of law, then, this document, and others like it, contains the beginning of a bill of rights, as well as a description of the basic institutions, and served as a constitution.
The text is taken from N. Bouton et al., eds., New Hampshire Provincial, Town, and State Papers: Vol. I, 1623–1686 (Concord and Nashua, N.H., 1867), 386–409. The document is reproduced completely and with the original spelling.
PROVINCE LAWS.
The Generall Lawes and Liberties of the Province of New Hampshire, made by the Generall Assembly in Portsmo the 16th of March 1679/80 and approved by the Presidt and Councill.
For as much as it hath pleased our Sovereigne Lord the King, out of his Princely Grace and favour, to take vs, the Inhabitants of New Hampshire, into his imediate Governmt and Protection, the wch, as we are ever bound to acknowledge wth great thankfulnesse, soe we have great reason to hope and believe yt his Majesty will still continue to countenance and incourage vs with ye Injoymt of such Libertyes, Imunities and ppties as belong to free borne Englishmen, and whereas his Majesty hath been pleased by his Letters Pattents, sent to vs, to confer such power upon ye Generall Assembly as to make such Lawes and ordinances as may best sute wth ye good Governmt and quiet settlemt of his Majesties subjects within this Province:
It is therefore ordered and inacted by this Generall Assembly and the authority thereof, that no Act, Imposition, Law or Ordinance be made or imposed upon us but such as shall be made by the said Assembly and approved by the Presidt and Councill from time to time. That Justice and Right be equally and imparshally administered vnto all: not sold, denied or causelessly deferred unto any. 9 Hen. 3, 29 Stat.; 2 Edw. 3, 8 State.; 5 Edw. 3, 9 Stat; 14 Edw. 28: Edw. 3, 3 Stat.; 11 R. 2, 10, 17; Caro. 1, 10,
CAPPITALL LAWS.
Idollitry.
1. It is enacted by ye Assembly and ye authority thereof, yt if any pson having had the knowledge of the true God, openly and manifestly have or worship any other God but the Lord God, he shall be put to death. Ex. 22:20; Deu. 13; 6 and 10.
Blasphemy.
