In New Hampshire Colony.
As there was no constituted authorities over the patent of New Hampshire, the Exeter settlers, under the leadership of John Wheelwright, who had purchased a tract thirty miles square from certain Indian Sachems in April, 1638, were driven to the expedient of agreeing upon a voluntary association for governmental purposes. The executive and judicial functions were vested in a board of three magistrates or elders, of whom the chief was styled Ruler. They were chosen by the whole body of freemen, who were the electors and legislators, their enactments, however, requiring the approval of the Ruler. An inhabitant had to be admitted a freeman, before he could enjoy the privileges of an elector. Under this association, an agreement was drawn up by the Reverend John Wheelwright, their leader, as follows:
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 the river of Piscataquacke, wh other inhabitants there, considering wthourselves the holy will of god and our owne necessity, that we should not live wthout wholsome lawes & government amongst us, of wchwe 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 Soveraigne Lord King Charles, according to the libertys of our English Colony of the Massachusets & binding ourselves solemnely by the grace & helpe of Christ & in his name & feare to submit our selves to such godly & Christian laws as areestablished 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 ytwe may live quietly & peaceably together in all godliness and honesty. Mon. 5th d., 4th, 1639. [John Whelewright, and thirty-four others.]
This was soon found to be unsatisfactory to some other settlers, who thought its expressions too lavish of loyalty to the King, and, in consequence, of prelacy; and while they were willing to acknowledge in a general way his sovereignty, and that they were his subjects, they had no disposition to make any unnecessary professions of allegiance. Another compact was then drawn of the same purport, simply acknowledging the King to be their Sovereign, and themselves his subjects. This was executed in due form and went into effect as the basis of government. But it did not bear the test of trial. Curiously, because it did not contain loyalty enough. And the original Combination was re-executed with the following explanatory preamble:
Whereas a certen combination was made by us, the brethren of the Church of Exeter, with the rest of the Inhabitants, bearing date Mon. 5th. d. 4, 1639, wh afterwards, upon the instant request of some of the brethren, was altered, & put into such a forme of wordes, wherein howsoever we doe acknowledge the King’s Majesty our dread Sovereigne & ourselves his subjects: yet some expressions are contained therein wh may seeme to admit of such a sence as somewhat derogates from that due Allegiance wh we owe to his Highnesse, quite contrary to our true intents and meanings: We therefore doe revoke, disannull, make voyd and frustrate the said latter combination, as if it never had beene done, and doe ratify, confirme and establish the former, wh wee onely stand as being in force & virtue, the wh for substance is here set downe in manner and form following. Mon., 2d d., 2, 1640.
Both the Elders and the People were required to take certain prescribed oaths, as follows:
You shall sweare by the great and dreadfull Name of the high God maker & Govrof heaven and earth, and by the Lord Jesus Christ yePrince of the Kings and Rulers of the earththat in his name and feare you will Rule and Governe this people according to the righteous will of God’s Ministeringe Justice and Judgmtupon the workers of iniquity and Ministering due incurreagmtand Countenance to well doers protecting of people so farre as in you by the helpe of God lyeth from forren Annoyance and inward disturbance that they may live a quiett and peacable life in all godlyness and honesty. Soe God bee helpful and gratious to you and yorsin Christ Jesus.
Wee doe here sweare by the Great and dreadful name of yehigh God, maker and Gouernrof Heaven & earth and by the Lord Jesus X yeKing & Saviorof his people that in his name & fear we will submitt orselves to be ruld & gouerned by, according to yewill & Word of God and such holsome Laws & ordinances as shall be derived theire from by OrhonrdRulers and yeLawfull assistance with the consent of yepeople and ytwee will be ready to assist them by the helpe of God in the administration of Justice and prservacon of peace with orbodys and goods and best endeavorsaccording to God, so God protect & saue us and Orsin Christ Jesus. [1640.]
Whereas sundry Mischiefes and inconveniences have befaln us, and more and greater may in regard of want of Civill Government, his Gratious Matie haveing hitherto settled no Order for us to our knowledge:
Wee whose names are underwritten being inhabitants upon the River Piscataquack have voluntarily agreed to combine our selves into a Body Politique that wee may the more comfortably enjoy the benefit of his Maties Lawes. And do hereby actually ingage our Selves to Submit to his Royal Maties Lawes together with all such Orders as shalbee concluded by a Major part of the Freemen of our Society, in case they bee not repugnant to the Lawes of England and administered in the behalfe of his Majesty.
And this wee have mutually promised and concluded to do and so to continue till his Excellent Matie shall give other Order concerning us.
In Witness wee have hereto Set our hands the two & twentieth day of October in the sixteenth yeare of the Reign of our Sovereign Lord Charles by the grace of God King of Great Brittain, France & Ireland Defender of the Faith &c. Annoq Domi, 1640. [John Follett, and forty-one others.]
Under these forms the administration of the affairs of Exeter, and Dover, went on satisfactorily until, together with Hampton and Portsmouth, they came under the sway of Massachusetts-Bay in 1643; a part of the price the latter were ready to pay for the extension of their jurisdiction was that the citizens of the New Hampshire towns were to be allowed the elective franchise without reference to their being church members. This arrangement continued under the Laws of Massachusetts-Bay, as a part of Norfolk County, until New Hampshire became, in 1680, a Royal Province.
In the Generall Lawes and Liberties of the Province of New Hampshire, made by the Generall Assembly in Portsmothe 16th of March, 1679/80 and Aproved by the Presidtand Councill. The following is given as the status of
8. It is ordered by this Assembly and the authority thereof ytall Englishmen being Protestants, ytare settled Inhabitants and freeholders in any towne of this Province, of yeage of 24 years, not viceous in life but of honest and good conversation, and such as have 201 Rateable estate wthout heads of persons having also taken the oath of allegiance to his Majs, and no others shall be admitted to yeliberty of being freemen of this Province, and to give theire votes for the choice of Deputies for the Generall Assembly, Constables, Selectmen, Jurors and other officers and concernes in yetownes where they dwell; provided this order give no liberty to any pson or psons to vote in the dispossion or distribution of any lands, timber or other properties in yeTowne, but such as have reall right thereto; and if any difference arise about sdright of voting, it shall be judged and determined by yePresidtand Councill wththe GenllAssembly of this Province.
This Body of Laws when sent to England for Royal approval was disallowed.