Book II.

"Be it therefore enacted by the governor, and council. "and representatives, in general court assembled, and by the authority of the same, That whatsoever persons shall presume, on the Lord's day, to neglect the public wor"ship of God in some lawful congregation, and form them"selves into separate companies in private houses, being "convicted thereof before any assistant or justice of the "peace, shall each of them, for every such offence, forfeit "the sum of twenty shillings.

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"And it is further enacted, by the authority aforesaid, "that whatsoever person, not being a lawfully allowed "minister of the gospel, shall presume to profane the "holy sacraments, by administering, or making a show of administering them to any person or persons whatsoever, "and being thereof convicted before the county court, in "such county where such offence shall be committed, shall "incur the penalty of ten pounds for every such offence, "and suffer corporal punishment, by whipping, not ex"ceeding thirty stripes for each offence."t

The existing laws of the colony made provision for the relief of persons soberly dissenting from the mode of worship established in it, upon application made to the legis lature. Besides it cannot be denied, that for persons unordained and entirely unauthorized to administer the sacraments, and especially in a tumultuous manner, must be a high profanation of the holy ordinances, and a very great misdemeanor. Nevertheless this act, it is believed, has generally been considered as inconsistent with the rights of conscience, and that toleration which ought to be exercised towards christians of all denominations. The Quakers, Rogerenes,* Baptists, and other separates, have made

† Records of the State of Connecticut, Vol. V. May, 1723. *The Rogerenes were a sort of Quakers, who had their origin and name from one John Rogers, of New-London. He was a man of unbounded ambition, and wished to be something more than common men. One Case and one Banks, two lewd men, called singing Quakers, coming thro' the colony singing and dancing, accompanied with a number of women to assist them in their musical exercises; and especially to proclaim how their lips dropped with myrrh and honey, fell in company with John, and at once made a convert of him to their religion. He, in a high degree imbibed their spirit, and ever retained it. Notwithstanding, it was not long after, before he commenced a seventh day Baptist. After maintaining the opinion of this sect for a short time, he returned again to Quakerism. To gratify his pride, and that he might appear as the head of a peculiar sect, he differed in several points from the Quakers. Particularly he maintained that there were three ordinances of religious use, baptism, the Lord's supper, and imposition of hands. To make himself more eminent, as the head of a new sect, he commenced preacher of his peculiar scheme, and without any kind of ordination, administered baptism to his followers. The madness, immodesty, and tumultuous conduct of Rogers and those who followed him, at this day, is hardly conceivable. It seemed to ba

great complaints of this and some other similar laws, by Book II. which, perhaps, in some few instances, they have been subject to penalties which they ought not to have endured. But in general, the punishments inflicted, and the sufferings of which the sectaries boasted, as endured for CHRIST'S and conscience sake, were for gross immoralities, breaches of the peace, and high misdemeaners against the laws of GOD and men. Numbers of the sectaries of that day were the most wild and violent enthusiasts. They had deeply imbibed the spirit of George Fox, and the Munster Baptists, and gave incalculable trouble both to the church and commonwealth.

their study and delight to violate the sabbath, insult magistrates and min-. isters, and to trample on all law and authority, human and divine. They would come, on the Lord's day, into the most public assemblies nearly or quite naked, and in the time of public worship, behave in a wild and tumultuous manner, crying out, and charging the most venerable ministers with lies and false doctrine. They would labour upon the Lord's day, drive carts by places of public worship, and from town to town, apparently on purpose to disturb Christians and Christian assemblies. They seemed to take pains to violate the laws in the presence of officers, that they might be complained of, and have an opportunity to insult the laws, the courts, and all civil authority.

A particular instance of their conduct on a certain occasion, when Rogers was indicted for a high misdemeanor, may serve as a specimen of their spirit and conduct in general. The crime for which he was indicted, and the manner of his own and his followers' conduct, will appear from the following extract from Pratt's Historical Account of Quakerism.

"It was his manner to rush into the assembly on the Lord's day, in the "time of God's worship, in a very boisterous way, and to charge the min"ister with lies and false doctrine; and to scream, shout, stamp, &c. by "which he offered insufferable molestations to the worship and people of "God. And this was his manner in the court also, when he pleased, or "had a mind to make himself sport, and he would laugh at it when he had adone until his sides shook.

"I saw him once brought to court for such a disturbance, committed on "the sabbath. He had contrived the matter so as to be just without the "door when he was called to answer; upon which he rushed into court "with a prodigious noise; his features and gestures expressed more fury "than I ever saw in a distracted person of any sort, and I soberly think, "that if a legion of devils had pushed him in headlong, his entrance had "not been more horrid and ghastly, nor have seemed more preternatura!. "When he came to the bar, he demanded of the court what their busi"ness was with him? The indictment was ordered to be read. To this "he pleaded not guilty, after a new mode; for as the clerk read, some"times at the end of a sentence, and sometimes at the beginning, he would "cry out, That's a cursed lie; and anon, That's a devilish lie; till at "length a number of his followers, of both sexes, tuned their pipes, and "screamed, roared, shouted and stamped to that degree of noise, that it "was impossible to hear the clerk read."

He professed to be a most holy man, guided in all his conversation by the Holy Ghost, so that, for the course of twenty years, he had lived without the commission of one sin. Yet he was almost constantly committing sech gross offences. He was divorced from an amiable wife for fornication and supposed beastiality. The latter he often confessed out of court. When he had occasion, he took to his bed a maid whom he had purchased, and after she had borne him two children, he put her away. He suffered a

CHAPTER II.

The discovery and opening of mines. Laws and encouragements in behalf of the miners, and of those who were engaged in carrying on the business of mining.

BOOK II, MANY of the adventurers to North-America, were

of mines.

strongly possessed with an idea of the riches of 1712. North, as well as of South-America. They conceived that its mountains and hills abounded with precious metals and minerals; and that however rich the soil might be, yet that the bowels of the earth would afford them much greater wealth. The rich mines and golden sands of the South, with the natural love of gold, mightily cherished these ideas. Much pains were therefore bestowed on various parts of the country, to discover these sources of wealth. Discovery About the year 1712, two mines were found in Connecti cut. One in the town of Simsbury, and the other in the then undivided lands in Wallingford. They were called copper mines, but it was conceived that the copper contained a mixture of a more precious kind. Upon opening the mines, the gentlemen principally concerned in them, made application to the legislature for encouragements for their works, and for the enacting of laws enabling them to prosecute their undertaking in the mining business to greater effect, and with more equal justice among themselves. They represented it as an object worthy of the attention of the legislature, and that by means of the mines great advantages might be derived to the colony. William Patridge, Esq. of Newbury, and Jonathan Belcher, of Boston, were May 1712. principally concerned in opening the mine at Simsbury; An act re- and upon their petition, the legislature, for their encouragement, granted that all the miners, operators and laborers, be exempt from military duties for the term of four years. On the petition of the original proprietors of the lands in Wallingford, it was enacted, that the heirs of the original proprietor should have an equal share in the mine already discovered, and in all other mines which should be hereafter discovered in said lands.

lative to

them.

long imprisonment, upon a strong suspicion that he was an accomplice in burning the meeting-house at New-London. He once sat upon the gallows upon a conviction of blasphemy. For these and the like instances, he and his followers suffered the penalties of the law; but for his religion, neither he nor his followers suffered any thing, any further than it led them to such misdemeanors as are punishable by the laws of all Christian ma-fions.

After a trial of about six years, it was found by experi- Book II. ence, that the undertakers in the business of the mine could not prosecute it to any considerable advantage, without the assistance of law. Notwithstanding any agreements which they could make among themselves, there were such deficiencies among the undertakers and proprietors, as to their portion of labour and expense, and such disorder and animosities among them, and that want of system, which was absolutely necessary to enable them to prosecute the business to any considerable private or public advantage. The legislature therefore to remedy these evils, and to enable them to prosecute their designs in a more systematic and righteous manner, enacted as follows: "Forasmuch as the copper mines in this colony, by the Oct. 1718 orderly and effectual management of them, may, in time to come, be of great use and advantage, not only to the immediate proprietors and undertakers therein, but also to this and the neighbouring provinces in general, although at present they be of small advantage to any body, and a fruitless expense of money to the proprietors and undertakers : Therefore to remedy the same, and for the more orderly and effectual management of the said copper mines, and to encourage, countenance and gratify the undertakers therein, Be it enacted by the governor, council and representatives, in general court assembled, and by the authority of the same, that when and so often as there is and shall be any copper mine, or mines, discovered in any town in this colony, it shall be in the power of any three of the proprietors of any such mine, by a notification under their hands, set upon the sign-post of the town where the said copper mine is, on the 25th day of March yearly, to appoint a meeting of the proprietors of said mine, to be held within the said town, on the third Tuesday in April then next following; when and where the proprietors of the said mine, that have the immediate interest of the same in possession, or the major part of them, which shall be then and there assembled, (which majority shall arise by the major part of interest,) shall have power to choose a clerk, to be sworn by the next justice of the peace, to enter the acts, votes, deeds and agreements of the said proprietors, and of all other persons concerned in the management of said mine, of and about said mine, and the management thereof, which clerk shall continue in said office during the pleasure of said proprietors; and that by and with the consent of the said clerk, and with such other notification as the said clerk shall in his discretion think proper, besides what is above mentioned, a special meeting of the proprietors may be

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BOOK II. appointed and held, at any other time and place, as emergent occasions, by their discretion, may require.

Oct. 1718.

And furthermore, that the said proprietors in any of their meetings aforesaid, or the major part of them, to be accounted as aforesaid, by vote shall have power to make all such reasonable votes, agreements and orders, as they shall think most conducive and profitable to the whole, for their management of the said affair of the copper mine, for the common good of all the said proprietors. Particularly, to direct the work that shall be done, the proportion of money to be levied, the men that shall be employed, the times, the places, and all the circumstances that shall be requisite to determine concerning the same: As also all, and every other matter and thing proper to be done by the proprietors, as occasion may discover for the improvement of the said copper mine, to the best advantage of the said proprietors, as well as of the public weal.

Moreover also, that the said proprietors, in any of their meetings aforesaid, or the major part of them, to be accounted as aforesaid, shall, by their vote, have power to make such rules, orders, and by-laws, as they shall judge necessary for the better management and ordering of the said copper mine or mines, partners, proprietors, undertakers, and all other things and persons touching the premises, annexing penalties to the same, not exceeding forty shillings for any one offence; to be recovered before the commissioners hereafter to be appointed for said copper nine. Provided, that none of the said rules, or orders, which shall be contrary to the laws of this colony, shall be of any force or value: As also to appoint a committee, or committees, trustees or agents, for the doing or managing of any matter or thing in behalf of the said proprietors, any ways touching or concerning the premises, or any of them whatsoever or wheresoever. And be it enacted by the authority aforesaid, that if any of the proprietors of the said mine, in the possession, or undertakers in the management of the same, for the time being, shall at any time neglect or refuse to improve or carry on his or their part and proportion in the management of any such copper mine, according to the rules and orders thereof made, had and agreed upon, as aforesaid, then it shall be in the power of the said proprietors, or the major part of them, to be accounted as aforesaid, by themselves in their meeting, or by their standing committee, to this end empowered, to agree with any other, or others of the said proprietors, or upon their refusal with any other of his majesty's good subjects, when they shall see cause, to enter upon and improve any