said Quakers before them, and after much endeavour to convince and reform them, ordered that Samuel Shattock, Lawrence Southwick, his wife, Nicholas Phelps, Joshua Buffam and Josiah Southwick shall be enjoined, at their peril, to depart out of this jurisdiction before the first day of the court of election next, which if they neglect or refuse to do, they shall be then banished, under the pain of death, and if in the mean time they shall transgress against the new law made this court against Quakers, they shall be proceeded with as the said law requires. And it is referred to the county court of Suffolk, to declare this sentence to them, and thereupon to release them out of prison.

Massachusetts Records, May 11, 1659.

Whereas Daniel and Provided Southwick, Son and Daughter of Lawrence Southwick have been fined by the county courts at Salem and Ipswich, pretending they have no estates, resolving not to work, and others likewise have been fined, and more like to be, fined for sideing with the Quakers, and absenting themselves from the publick ordinances; In answer to a question, what course should be taken for the satisfaction of the fines? The court on perusal of the Law, title Arrests, Resolve, That the Treasurers of the several Counties are, and shall hereby be impowered to sell said persons to any of the English nation at Virginia and Barbadoes.

LAWS OF MASSACHUSETTS.

Edit 1672.

Whereas there is a pernicious sect commonly called Quakers, lately arisen, 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 customes of our Nation, in giving civil

respect to equals, or reverence to superiours, whose actions tend to undermine the authority of civil governmental so as to destroy the order of the churches, by denying all established forms of worship, and by withdrawing from the orderly Church assemblies allowed and approved by all orthodox Professors of the truth; and instead thereof, and opposition thereunto, frequenting private meetings of their own, insinuating themselves into the minds of the simpler, or such as are less affected to the order and government of the church and common-wealth, whereby divers of our inhabitants have been infected and seduced, notwithstanding all former Laws made (upon experience of their arrogant bold obtrusions, to disseminate their principles amongst us,) prohibiting their coming into this jurisdiction, they have not been deterred from their impetuous attempts to undermine our peace and hasten our ruine. (1658.)

For prevention thereof, this court doth order and enact, that every person or persons of the cursed sect of the Quakers, who is not an inhabitant of, but found within this jurisdiction, shall be apprehended (without warrant where no magistrate is at hand,) by any constable, commissioner or selectman, and conveyed from constable to constable, until they come before the next magistrate, who shall commit the said person or persons to close prison, there to remain without baile untill the next court of Assistants, where they shall have a legal trial by a special jury, and being convicted to be of the Sect of the Quakers, shall be sentenced to banishment upon pain of Death.

And that every inhabitant of this jurisdiction, being convicted to be of the aforesaid sect, either by taking up, publishing and defending the horrid opinions of the Quakers, or by stirring up mutiny, sedition or rebellion against the government, or by taking up their absurd and destructive practises, viz. denying civil respect and reverence to equals and superiors, withdrawing from our church assem

blies, and instead thereof frequenting private meetings of their own, in opposition to church order, or by adhering to, or approving of any known Quakers or the tenets and practises of the Quakers, that are opposite to the orthodox received opinions and practises of the godly, and endeavoring to disaffect others to civil government and church order; and condemning the practise and proceedings of this court against the Quakers, manifesting thereby compliance with those whose design is to overthrow the order established in church and commonwealth; every such person, upon examination and legal conviction before the court of assistants in manner as aforesaid, shall be committed to close prison for one month, and then unless they chuse voluntarily to depart the jurisdiction, shall give bond for their good abbearance and appearance at the next court of assistants, where, continuing obstinate, and refusing to retract and reform the aforesaid opinions and practises, shall be sentenced to banishment on the pain of Death : and in case of the aforesaid voluntary departure, not to remain or again to return into this jurisdiction, without the allowance of the major part of the council first had and published, on penalty of being banished upon pain of death; and any one magistrate, upon information given him of any such person, shall cause them to be apprehended, and if upon examination of the case, he shall according to his best discretion, finde just ground for such complaint, he shall commit such person to prison, until he comes to his tryal as is above expressed. (1646.)

Massachusetts Records, May 11, 1659.

It is ordered that Lawrence Southwick, Cassandra his wife, Samuel Shattock, Nicholas Phelps, Joshua Buffam, and Josiah Southwick, hereby are sentenced according to the order of the general court in October last to banishment, to depart out of this jurisdiction by the eighth of June next, on pain of death; and if any of them after the

said eighth day of June next, shall be found within this jurisdiction, they shall be apprehended by any constable or other officer of this jurisdiction, and be committed to close prison, there to lye till the next court of assistants, where they shall be tryed, and being found guilty of the breach of this law, shall be put to Death.

Plymouth Records, June 7, 1659.

For as much as many persons are greatly corrupted with the Quaker doctrines by reading theire bookes, writings or episles, which are sent and distributed into sundry places within this jurisdiction: It is therefore enacted by the court and the authoritie thereof that in case the constable or grand jurymen or marshall shall find or heare of any Quaker's bookes, epistles or writings, he shall seize on them and present them to a magistrate or the

next court.

Plymouth Records, 1659.

It is enacted by the court, that a proposition bee made to the Quakers that such of them as will promise and engage to remove thier dwellings out of this government within six monthes after this present court and performe it, that noe fine be exacted of them as soe engage; and such as whose estates are so impoverished as they are disabled to remove, they shall have som supply made them out of the treasury to healp them.

Plymouth Records, 1659.

Whereas some have desired and others thinke it meet to permit some persons to frequent the Quakers' meetings, to endeavour to reduce them from the error of thier wayes, the court, considering the premises, doe permit John Smith, of Barnstable, Isacke Robinson, John Chipman, and John Cooke, of Plymouth, or any two of them, to attend the said meetings for the ends aforesaid, att any time betwixt this court and the next October court.

Massachusetts Records, October 18th, 1659.

It is ordered that William Robinson, Marmaduke Stephenson, and Mary Dyer, Quakers, now in prison for thiere rebellion, sedition, and presumptuous obtruding themselves upon us, notwithstanding thiere being sentenced to banishment on pain of death, as underminers of this government, &c., shall be brought before this court for thier trials, to suffer the penalty of the law, (the just reward of their transgression,) on the morrow morning, being the 19th of this instant.

William Robinson, Marmaduke Stephenson, and Mary Dyer, banished this jurisdiction by the last court of assistants, on pain of death, being committed by order of the general court, were sent for, brought to the bar, acknowledged themselves to be the persons banished; after a full hearing of what the prisoners could say for themselves, it was put to the question, whether Wm. Robinson, Marmaduke Stephenson, and Mary Dyer, the persons now in prison, who have been convicted for Quakers, and banished this jurisdiction on pain of death, should be put to death according as the law provides in that case?

The court resolved this question in the affirmative. And the Governor, in open court, declared the sentence to William Robinson, that was brought to the bar :— -William Robinson, you shall go from hence to the place from whence you came, and from thence to the place of execu tion, and there hang till you be dead. The like sentences, the Governor, in open court, pronounced against Marmaduke Stephenson and Mary Dyer, being brought to the bar, one after another, in the same words.

Whereas William Robinson, Marmaduke Stephenson, and Mary Dyer, are sentenced by this court to death, for thier rebellion, &c. it is ordered, that the Secretary issue out his warrant to Edward Mitchelson, marshall general, for repairing to the prison on the 27th of this instant Oc