An Act made at a General Court Held at Boston, the Fourteenth of October, 1656
Whereas, there is a cursed sect of heretics, lately risen up in the world, which are commonly called Quakers, who take upon them to be immediately sent from God, and infallibly assisted by the Spirit, to speak and write blasphemous opinions, despising government, and the order of God, in the Church and commonwealth, speaking evil of dignities, reproaching and reviling magistrates and ministers, seeking to turn the people from the faith, and gain proselytes to their pernicious ways: this court taking into consideration the premises, and to prevent the like mischief, as by their means is wrought in our land, doth hereby order, and by authority of this court, be it ordered and enacted, that what master or commander of any ship, bark, pink, or ketch, shall henceforth bring into any harbor, creek, or cove, within this jurisdiction, any Quaker or Quakers, or other blasphemous heretics, shall pay, or cause to be paid, the fine of one hundred pounds to the treasurer of the country, except it appear he want true knowledge or information of their being such; and, in that case, he hath liberty to clear himself by his oath, when sufficient proof to the contrary is wanting: and, for default of good payment, or good security for it, shall be cast into prison, and there to continue until the said sum be satisfied to the treasurer as foresaid.
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 magistrates, 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 magistrates, 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 magistrates, 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 magistrate, 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 notwithstanding 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 magistrates 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.
An Act Made at a General Court Held at Boston, the Fourteenth of October, 1657
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 magistrate 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.
And it is further ordered, that all and every Quaker arising from among ourselves, shall be dealt with, and suffer the like punishment as the law provides against foreign Quakers.
EDWARD RAWSON, Sec.
An Act made at a General Court, held at Boston, the 20th of October, 1658
Whereas there is a pernicious 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 respect 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 the Truth, and instead thereof, and in opposition thereunto, frequently meeting themselves, insinuating themselves into the minds of the simple, or such as are least affected to the order and government of church and commonwealth, hereby divers of our inhabitants have been infected, notwithstanding all former laws, made upon the experience of their arrogant and bold obtrusions, to disseminate their principles among us, prohibiting their coming in this jurisdiction, they have not been deterred from their impetuous attempts to undermine our peace, and hazard our ruin.
For prevention thereof, this court doth order and enact, that every person, or persons, of the cursed sect of the Quakers, who is not all inhabitant of, but is found within this jurisdiction, shall be apprehended without warrant, where no magistrate is at hand, by any constable, commissioner, or select man, and conveyed from constable to constable, to the next magistrate, who shall commit the said person to close prison, there to remain, without bail, unto the next court of assistants, where they shall have a legal trial: and being convicted to be of the sect of the Quakers, shall be sentenced to be banished upon 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 absurd and destructive practices, viz. Denying civil respect to equals and superiors, and withdrawing from our church assemblies, and instead thereof frequent meetings of their own, in opposition to our church order; or by adhering to, or approving of any known Quaker, and the tenets and practices of the Quakers, that are opposite to the orthodox received opinions of the godly, and endeavouring to disaffect others to civil government, and church orders, 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 as 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 behaviour, and appear at the next court, where continuing obstinate, and refusing to retract and reform the aforesaid opinions, they shall be sentenced to banishment upon pain of death; and any one magistrate, 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.
Source: William Sewell, The History of the Rise, Increase, and Progress, of the Christian People Called Quakers. Intermixed with Several Remarkable Occurrences. Written Originally in Low Dutch, and also Translated by Himself into English. A New Edition, to which is Appended, An Interesting Narrative of the Sufferings of William Moore, John Philly, and Richard Seller. In Two Volumes. (Philadelphia: Uriah Hunt, 1832), Vol. I, 2.
The "Cart and Whip Act" of 1661
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 be|sides their Absurd and Blasphemous Doctrines, do like Rogues and Vaga|bonds 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 Town wherein he or shee is taken, and by the Constable or in his absence, by any other person or persons conveyed be|fore the next Magistrate of that Shire wherein they are taken, or Com|missioner invested with Magistratical power: And being by the said Ma|gistrate or Magistrates, Commissioner or Commissioners adjudged to be a wandring Quaker, viz. one that hath not any dwelling, or orderly allow|ance as an Inhabitant of this Jurisdiction, and not giving civil respect by the usual gestures thereof, or by any other way or means manifesting him|self to be a Quaker, shall by Warrant under the hand of the said Magi|strate or Magistrates, Commissioner or Commissioners, directed to the Constable of the Town wherein he or shee is taken, or in absence of the Constable, to any other meet person, be stripped naked from the middle upwards, and tyed to a Carts tail, and whipped through the Town, and from thence immediately conveyed to the Constable of the next Town towards the borders of our Jurisdiction, as their 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 wandring Quaker, having been thrice convicted and sent away as abovesaid, and returning again into this Jurisdiction, shall be Apprehended, and Committed by any Magistrate of Commissioner as abovesaid unto the House of Correction within that County wherein he or shee is found, until the next Court of that County; where if the Court judge not meet to release them, they shall be B•inded with the Letter R. on their left shoulder; and be severe|ly Whipt, and sent away in manner as before.
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 apprehenended, and Committed to the Common Goal of the Country, and at the next Court of Assistants shall be brought to their tryal, and proceeded against according to the Law made Anno. 1658 for their punishment on pain of death.
And for such Quakers as shall arise from amongst our selves, they shall be proceeded against as the former Law of Anno. 1658 doth provide, until they have been convicted by a Court of Assistants; and be|ing so convicted, he or shee shall then be Banished this Jurisdiction; and if after that they shall be found in any part of this Jurisdiction, then he or shee so Sentenced to Banishment, shall be proceeded against as those that are Strangers and Vagabond Quakers, in manner as is above ex|pressed.
And it is further Ordered, That whatsoever charge shall arise about Apprehending, Whipping, Conveying, or otherwise about the Quakers, to be laid out by the Constables of such Towns where it is expended, and to be repaid by the Treasurer out of the next Country Levy.
And further, that the Constables of the several Towns are hereby im|powred from time to time, as necessity shall require, to Impress Cart, Oxen, and other Assistants for the Execution of this Order.