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"And the commander of any ketch, ship, or vessel, being legally convicted, shall give in sufficient security to the governor, or any one or more of the civil officers, who have power to determine the same, to carry them back to the place whence he brought them; and, on his refusal so to do, the governor, or one or more of the civil officers, are hereby empowered to issue out his or their warrants to commit such master or commander to prison, there to continue, until he give in sufficient security to the content of the governor, or any of the civil officers, as aforesaid.
"And it is hereby further ordered and enacted, that what Quaker soever shall arrive in this country from foreign parts, or shall come into this jurisdiction from any parts adjacent, shall be forthwith committed to the House of Correction; and, at their entrance, to be severely whipped, and by the master thereof be kept constantly to work, and none suffered to converse or speak with them, during the time of their imprisonment, which shall be no longer than necessity requires.
"And it is ordered, if any person shall knowingly import into any harbor of this jurisdiction, any Quakers' books or writings, concerning their devilish opinions, shall pay for such book or writing, being legally proved against him or them the sum of five pounds; and whosoever shall disperse or conceal any such book or writing, and it be found with him or her, or in his or her house and shall not immediately deliver the same to the next civil officer, shall forfeit or pay five pounds, for the dispersing or concealing of any such book or writing.
"And it is hereby further enacted, that if any persons within this colony shall take upon them to defend the heretical opinions of the Quakers, or any of their books or papers, shall be fined for the first time forty shillings; if they shall persist in the same, and shall again defend it the second time, four pounds; if nevertheless they again defend and maintain the said Quakers' heretical opinions, they shall be committed to the House of Correction until there be convenient passage to send them out of the land, being sentenced by the court of Assistants to banishment.
"Lastly, it is hereby ordered, that what person or persons soever, shall revile the persons of the civil officers or ministers, as is usual with the Quakers, such person or persons shall be severely whipped or pay the sum of five pounds.
"This is a true copy of the court's order, as attests "EDWARD RAWSON, SEC."
"At a General Court Held at Boston, the Fourteenth of October,
"As an addition to the late order, in reference to the coming or bringing of any of the cursed sect of the Quakers into this jurisdiction, it is ordered that whosoever shall from henceforth bring, or cause to be brought, directly, or indirectly, any known Quaker or Quakers, or other blasphemous heretics, into this jurisdiction, every such person shall forfeit the sum of one hundred pounds to the country, and shall by warrant from any civil officer be committed to prison, there to remain until the penalty be satisfied and paid; and if any person or persons within this jurisdiction, shall henceforth entertain and conceal any such Quaker or Quakers, or other blasphemous heretics, knowing them so to be, every such person shall forfeit to the country forty shillings for every hour's entertainment and concealment of any Quaker or Quaker, etc., as aforesaid, and shall be committed to prison as aforesaid, until the forfeiture be fully satisfied and paid.
"And it is further ordered, that if any Quaker or Quakers shall presume, after they have once suffered what the law requires, to come into this jurisdiction, every such male Quaker shall, for the first offence, have one of his ears cut off, and be kept at work in the House of Correction, until he can be sent away at his own charge; and for the second offence, shall have his other ear cut off; and every woman Quaker, that has suffered the law here, that shall presume to come into this jurisdiction, shall be severely whipped, and kept at the House of Correction at work, until she be sent away at her own charge, and so also for her coming again, she shall be alike used as aforesaid.
"And for every Quaker, he or she, that shall a third time herein again offend, they shall have their tongues bored through with a hot iron, and be kept at the House of Correction close to work, until they be sent away at their own charge.
"EDWARD RAWSON, Sec."
"An Act Made at a General Court, Held at Boston, the Twentieth of
Whereas, there is a destructive sect, commonly called Quakers, lately risen, who by word and writing have published and maintained many dangerous and horrid tenets, and do take upon them to change and alter the received laudable customs of our nation, in giving civil respects to equals, or reverence to superiors; whose actions tend to undermine the civil government, and also to destroy the order of the churches, by denying all established forms of worship, and by withdrawing from orderly Church fellowship, allowed and approved by all orthodox professors of truth, and instead thereof, and in opposition thereunto, frequently meeting by themselves, insinuating themselves into the minds of the simple, or such as are at least affected to the order and government of church and commonwealth, whereby divers of our inhabitants have been infected, nevertheless all former laws, made upon the experience of their arrogant and bold obtrusions, to disseminate their principles amongst us, prohibiting their coming into this jurisdiction, they have not been deferred from their impious attempts to undermine our peace, and hazard our ruin.
"For prevention thereof, this court doth order and enact, that any person or persons, of the cursed sect of the Quakers, who is not an inhabitant of, but is found within this jurisdiction, shall be apprehended without warrant, where no civil officer is at hand, by any constable, commissioner, or selectman, and conveyed from constable to constable, to the next civil officer, who shall commit the said person to close prison, there to remain (without bail) until the next court of Assistants, where they shall have legal trial.
"And being convicted to be of the sect of the Quakers, shall be sentenced to banishment, on pain of death. And that every inhabitant of this jurisdiction, being convicted to be of the aforesaid sect, either by taking up, publishing, or defending the horrid opinions of the Quakers, or the stirring up mutiny, sedition, or rebellion against the government, or by taking up their abusive and destructive practices, viz. denying civil respect to equals and superiors, and withdrawing from the Church assemblies; and instead thereof, frequenting meetings of their own, in opposition to our Church order; adhereing to, or approving of any known Quaker, and the tenets and practices of Quakers, that are opposite to the orthodox received opinions of the godly; and endeavoring to disaffect others to civil government and Church order, or condemning the practice and proceedings of this court against the Quakers, manifesting thereby their complying with those, whose design is to overthrow the order established in Church and state: every such person, upon conviction before the said court of Assistants, in manner aforesaid, shall be committed to close prison for one month, and then, unless they choose voluntarily to depart this jurisdiction, shall give bond for their good behavior and appear at the next court, continuing obstinate, and refusing to retract and reform the aforesaid opinions, they shall be sentenced to banishment, upon pain of death. And any one civil officer, upon information given him of any such person, shall cause him to be apprehended, and shall commit any such person to prison, according to his discretion, until he come to trial as aforesaid."
It appears there were also laws passed in both of the then colonies of New Plymouth and New Haven, and in the Dutch settlement at New Amsterdam, now New York, prohibiting the people called Quakers, from coming into those places, under severe penalties; in consequence of which, some underwent considerable suffering.
The two first who were executed were William Robinson, merchant, of London, and Marmaduke Stevenson, a countryman, of Yorkshire. These coming to Boston, in the beginning of September, were sent for by the court of Assistants, and there sentenced to banishment, on pain of death. This sentence was passed also on Mary Dyar, mentioned hereafter, and Nicholas Davis, who were both at Boston. But William Robinson, being looked upon as a teacher, was also condemned to be whipped severely; and the constable was commanded to get an able man to do it. Then Robinson was brought into the street, and there stripped; and having his hands put through the holes of the carriage of a great gun, where the jailer held him, the executioner gave him twenty stripes, with a threefold cord whip. Then he and the other prisoners were shortly after released, and banished, as appears from the following warrant:
"You are required by these, presently to set at liberty William Robinson, Marmaduke Stevenson, Mary Dyar, and Nicholas Davis, who, by an order of the court and council, had been imprisoned, because it appeared by their own confession, words, and actions, that they are Quakers: wherefore, a sentence was pronounced against them, to depart this jurisdiction, on pain of death; and that they must answer it at their peril, if they or any of them, after the fourteenth of this present month, September, are found within this jurisdiction, or any part thereof.
"Boston, September 12, 1659."
Though Mary Dyar and Nicholas Davis left that jurisdiction for that time, yet Robinson and Stevenson, though they departed the town of Boston, could not yet resolve (not being free in mind) to depart that jurisdiction, though their lives were at stake. And so they went to Salem, and some places thereabouts, to visit and build up their friends in the faith. But it was not long before they were taken and put again into prison at Boston, and chains locked to their legs. In the next month, Mary Dyar returned also. And as she stood before the prison, speaking with one Christopher Holden, who was come thither to inquire for a ship bound for England, whither he intended to go, she was also taken into custody.
Thus, they had now three persons, who, according to their law, had forfeited their lives. And, on the twentieth of October, these three were brought into court, where John Endicot and others were assembled. And being called to the bar, Endicot commanded the keeper to pull off their hats; and then said, that they had made several laws to keep the Quakers from amongst them, and neither whipping, nor imprisoning, nor cutting off ears, nor banishment upon pain of death, would keep them from amongst them. And further, he said, that he or they desired not the death of any of them. Yet, nevertheless, his following words, without more ado were, "Give ear, and hearken to your sentence of death." Sentence of death was also passed upon Marmaduke Stevenson, Mary Dyar, and William Edrid. Several others were imprisoned, whipped, and fined.
The fathers of New England, endured incredible hardships in providing for themselves a home in the wilderness; and to protect themselves in the undisturbed enjoyment of rights, which they had purchased at so dear a rate, they sometimes adopted measures, which, if tried by the more enlightened and liberal views of the present day, must at once be pronounced altogether unjustifiable. But shall they be condemned without mercy for not acting up to principles which were unacknowledged and unknown throughout the whole of Christendom? Shall they alone be held responsible for opinions and conduct which had become sacred by antiquity, and which were common to Christians of all other denominations? Every government then in existence assumed to itself the right to legislate in matters of religion; and to restrain heresy by penal statutes. This right was claimed by rulers, admitted by subjects, and is sanctioned by the names of Lord Bacon and Montesquieu, and many others equally famed for their talents and learning. It is unjust, then, to 'press upon one poor persecuted sect, the sins of all Christendom.' The fault of our fathers was the fault of the age; and though this cannot justify, it certainly furnishes an extenuation of their conduct. As well might you condemn them for not understanding and acting up to the principles of religious toleration. At the same time, it is but just to say, that imperfect as were their views of the rights of conscience, they were nevertheless far in advance of the age to which they belonged; and it is to them more than to any other class of men on earth, the world is indebted for the more rational views that now prevail on the subject of civil and religious liberty.