householder hath power to keep them out, and that it was not in their power to come in, if they pleased whether the householder would or no-And if the Father of a particular Family may thus defend his children and household, may not magistrates do the like for their subjects, they being nursing Fathers and nursing Mothers, by the account of God in holy scripture, Isai. 49: 23. Is it not clear that if the Father in the family must keep them out of his house, the Father of the commonwealth, must keep them out of his Jurisdiction, and if sheep and lambs cannot be preserved from the danger of the wolves, and the wolves will break in amongst them, it is easy to see what the Shepherd or keeper of the sheep may lawfully do in such a case.

6. It was the command of the Lord Jesus Christ to his disciples, that when they were persecuted in one city, that they should flee into another, Mat. 10: 23. And accordingly it was his own practice so to do many a time, both when he was a child and afterwards, Mat. 2: 13, 14, 12: 15, John 7: 1, and 8, last and 10: 39, and so was also the practice of the saints, witness what was written of Jacob, Gen. 27: 42, 43, and 28: 5, of Moses, Exod. 2: 14, 15, of Elias, 1 Kings, 19: 3. of Paul, Acts 9: 24, 25, 29, 30, and 17: 13, 14, and of the apostle, Acts 14: 4, 5, and others who when they have been persecuted have fled away for their own safety, and Reason requires that when men have liberty to it they should not refuse so to do, because otherwise they will be guilty of tempting God and of incurring their own hurt, as having a fair way open for the avoiding thereof, but they needlessly expose themselves thereto.

If therefore that which is done against Quakers in this Jurisdiction were indeed persecution, as they account of it, though in truth it is not so, but the due ministration of Justice, but suppose it were as they think it to be, what spirit may they be thought to be acted or led by, who are in their actings so contrary to the commandment and example of Christ and of his saints in the case of persecution, which

these men suppose to be their case; plain enough it is, if their case were the same, their actings were not the same, but quite contrary, so that Christ and his Saints were led by one Spirit and these people by another, for rather than they would not shew their contempt of authority and make disturbance amongst his people, they choose to go contrary to the express directions of Jesus Christ and the approved Examples of his Saints, altho it be to the Hazard and Peril of their own Lives.

Plymouth Records, June 10, 1660.

Whereas by a former order of court, all persons were required to give notice to the constables of theire severall precincts of all such persons as were knowne to be foraigne Quakers, now this present court doth enacte that it shall bee lawful for any inhabitant within this Jurisdiction upon theire knowledge, and having oppertunitie to use all endeavours to apprehend all such Quakers, and to deliver them to the Constables, or bring them before the Governor, or some one of the Magistrates.

Whereas we find that of late time, the Quakers have bine furnished with horses, and thereby they have not only the more speedy passage from place to place to the poisoning of the inhabitants with theire cursed tenetts, but alsoe thereby have escaped the hands of the Officers, that might otherwise have apprehended them. It is therefore enacted by the court and the Authoritie thereof, that if any person or persons whatsoever in this Government, doth, or shall furnish any of them with horse or horse kind, the same to bee forfited and seized on for the use of this government; or any horses that they shall bring into the government, or shall be brought in for them, and they make use of, shalbee forfeited as aforesaid: and that it shall be lawful for any Inhabitant to make seizure of any such horse and to deliver him to the Constable or the Treasurer for the use of the coun try.

It is enacted by the court, that any one that shall bring in any Quaker or Rantor by land or water into this government, viz., by being a guide to them, or any otherwise`shal bee fined to the use of the government, the sume of ten pounds for every such default.

Plymouth Records, 1660.

It is enacted by the Court and the authoritie thereof, that if any person or persons commonly called Quakers, or other such like vagabonds shall come into any towne of this government, the Marshall or constable shall apprehend him or them, and upon examination, soe appearing, hee shall whip them, or cause them to bee whipt with rodds: soe it exceede not fifteen stripes, and to give him or them a passe to depart the Government, and any such person or persons bee found within the Government without theire passe, or not acting according thereunto, they shal bee punished again as formerly; and in case any constable of this Jurisdiction shal bee unwilling, or cannot procure any to inflict the punishment aforesaid, that then they shall bringe such persons to Plymouth to the under Marshall, and he shall inflict it.

It is enacted by the court and the Authoritie thereof, that henceforth, noe person or persons shall permit any meetinges of the Quakers to bee in his house or houseing, on the penaltie of being sumoned to the General Court, and there being convicted thereof, shalbee publickly whipt, or pay five pounds to the Collonies use.

Whereas there is a constant monthly meeting together of the Quakers from divers places in great numbers, which is verry offensive, and may prove greatly prejuditiall to this Government, and in as much as the most constant place for such meetinges is att Duxburrow: This court have desired and appointed Mr. Constant Southworth, and William Payboddy to repaire to such theire meetings, together with the Marshall or Constable of the towne, and to use

theire endeavours, by argument and discourse, to convince or hinder them; and in case the place of theire meeting should bee changed, the court desires the above named, or any other meet persons to attend them there alsoe.

Massachusetts Records, 16 Oct., 1660.

For explanation of the law or laws referring to the man'ner of trial of such persons as are found in this jurisdiction after banishment on pain of death.

This court doth judge meet to declare, that when any person or persons banished upon pain of death, shall after the expiration of their time limitted for departure, be found within the limits of this Jurisdiction, all Magistrates, commissioners, constables and other officers of this jurisdiction do use their best endeavours for their apprehending and conveying to safe custody, and being there secured: such person or persons shall at the next court of assistants, whether in ordinary or especially called, according to the direction of law for calling such courts, have a legal trial by a jury of twelve men; and being found by evidence, or their own confession, to be the person or persons formerly sentenced to banishment on pain of death, shall accordingly be sentenced to Death and executed, by warrant from the Governor, or Deputy Governor, directed to the Marshall Generall; unless he or they be regularly reprieved in the meantime.

Massachusetts Records.

This court being desirous to try all means, with as much lenity as may consist with our safety, to prevent the intrusions of the Quakers, who, besides their absurd and blasphemous doctrines, do like Rogues and vagabonds come in upon us, and have not been restrained by the laws already provided:

Have ordered that every such vagabond Quaker, found within any part of this Jurisdiction, shall be apprehended

by any person or persons, or by the constable of the towne wherein he or she is taken, and by the constable, or in his absence, by any other person or persons, conveyed before the next magistrate of that Shire wherein they are taken, or Commissioner invested with Magistratical power and being by the said magistrate or magistrates, commissioner or commissioners adjudged to be a wandering Quaker, viz. one that hath not any dwelling, or orderly allowance as an inhabitant of this Jurisdiction, and not giving civil respect. by the usual gestures thereof, or by any other way or means manifesting himself to be a Quaker, shall by warrant under the hand of the said magistrate or magistrates, commissioner or commissioners, directed to the Constable of the towne wherein he or shee is taken, or in absence of the constables, to any other meet person, be stripped naked from the middle upwards, and tyed to a cart's tail, and whipped through the town, and from thence, immediately conveyed to the constable of the next town towards the border of our jurisdiction as the warrant shall direct, and so from constable to constable, till they be conveyed through any the outwardmost towns of our Jurisdiction.

And if such vagabond Quaker shall return again, then to be in like manner apprehended, and conveyed as often as they shall be found within the limits of our Jurisdiction: provided every such wandering Quaker, having been thrice committed and sent away as above said, and returning again into this jurisdiction, shall be apprehended, and committed by any magistrate or commissioner as above said, unto the house of correction, within that county wherein he or she is found, until the next court of that county; where, if the court judge not meet to release them, they shall be branded with the letter R on their left shoulder, and be severely whipt, and sent away in manner as above.

And if after this, he or shee shall return again; then to be proceeded against as incorrigible Rogues and enemies to the common peace, and shall immediately be apprehended