[1] First, We have granted to God, and by this our present Charter have confirmed, for us and our Heirs for ever, That the Church of England shall be free, and shall have her whole rights and liberties inviolable. We have granted also, and given to all the freemen of our realm, for us and our Heirs for ever, these liberties underwritten, to have and to hold to them and their Heirs, of us and our Heirs for ever.
[2] If any of our Earls or Barons, or any other, which holdeth of Us in chief by Knights service, shall die and at the time of his death his heir be of full age, and oweth us Relief, he shall have his inheritance by the old Relief; that is to say, the heir or heirs of an Earl, for a whole Earldom, by one hundred pound; the heir or heirs of a Baron, for an whole Barony, by one hundred marks; the heir or heirs of a Knight, for one whole Knights fee, one hundred shillings at the most; and he that hath less, shall give less, according to the custom of the fees.
[3] But if the Heir of any such be within age, his Lord shall not have the ward of him, nor of his land, before that he hath taken him homage. And after that such an heir hath been in ward (when he is come of full age) that is to say, to the age of one and twenty years, he shall have his inheritance without Relief, and without Fine; so that if such an heir, being within age, be made Knight, yet nevertheless his land shall remain in the keeping of his Lord unto the term aforesaid.
[4] The keeper of the land of such an heir, being within age, shall not take of the lands of the heir, but reasonable issues, reasonable customs, and reasonable servics, and that without destruction and waste of his men and goods. And if we commit the custody of any such land to the Sheriff, or to any other, which is answerable unto us for the issues of the same land, and he make destruction or waste of those things that he hath in custody, we will take of him amends and recompence therefore, and the land shall be committed to two lawful and discreet men of that fee, which shall answer unto us for the issues of the same land, or unto him whom we will assign. And if we give or sell to any man the custody of any such land, and he therein do make destruction or waste, he shall lose the same custody; and it shall be assigned to two lawful and discreet men of that fee, which also in like manner shall be answerable to us, as afore is said.
[5] The keeper, so long as he hath the custody of the land of such an heir, shall keep up the houses, parks, warrens, ponds, mills, and other things pertaining to the same land, with the issues of the said land; and he shall deliver to the Heir, when he cometh to his full age, all his land stored with ploughs, and all other things, at the least as he received it. All these things shall be observed in the custodies of the Archbishopricks, Bishopricks, Abbeys, Priories, Churchs, and Dignities vacant, which appertain to us; except this, that such custody shall not be sold.
[6] Heirs shall be married without Disparagement.
[7] A Widow, after the death of her husband, incontinent, and without any Difficulty, shall have her marriage and her inheritance, and shall give nothing for her dower, her marriage, or her inheritance, which her husband and she held the day of the death of her husband, and she shall tarry in the chief house of her husband by forty days after the death of her husband, within which days her dower shall be assigned her (if it were not assigned her before) or that the house be a castle; and if she depart from the castle, then a competent house shall be forthwith provided for her, in the which she may honestly dwell, until her dower be to her assigned, as it is aforesaid; and she shall have in the meantime her reasonable estovers of the common; and for her do wer shall be assigned unto her the third part of all the lands of her husband, which were his during coverture, except she were endowed of less at the Church-door. No widow shall be distrained to marry herself: nevertheless she shall find surety, that she shall not marry without our licence and assent (if she hold of us) nor without the assent of the Lord, if she hold of another.
[8] We or our Bailiffs shall not seize any land or rent for any debt, as long as the present Goods and Chattels of the debtor do suffice to pay the debt, and the debtor himself be ready to satisfy therefore. Neither shall the pledges of the debtor be dist rained, as long as the principal debtor is sufficient for the payment of the debt. And if the principal debtor fail in the payment of the debt, having nothing wherewith to pay, or will not pay where he is able, the pledges shall answer for the debt. And if they will, they shall have the lands and rents of the debtor, until they be satished of that which they before paid for him, except that the debtor can show himself to be acquitted against the said sureties.
[9] The city of London shall have all the old liberties and customs, which it hath been used to have. Moreover we will and grant, that all other Cities, Boroughs, Towns, and the Barons of the Five Ports, and all other Ports, shall have all their liberties and free customs.
[10] No man shall be distrained to do more service for a Knights fee, nor any freehold, than therefore is due.
[11] Common Pleas shall not follow our Court, but shall be holden in some place certain.
[12] Assises of novel disseisin, and of Mortdancestor, shall not be taken but in the shires, and after this manner: If we be out of this Realm, our chief Justicer shall send our Justicers through every County once in the Year, which, with the Knights of the shires, shall take the said Assises in those counties; and those things that at the coming of our foresaid Justicers, being sent to take those Assises in the counties, cannot be determined, shall be ended by them in some other place in their circuit; and those things, which for difficulty of some articles cannot be determined by them, shall be referred to our Justicers of the Bench, and there shall be ended.
[13] Assises of Darrein Presentment shall be alway taken before our Justices of the Bench, and there shall be determined.
[14] A Freeman shall not be amerced for a small fault, but after the manner of the fault; and for a great fault after the greatness thereof, saving to him his contenement; and a Merchant likewise, saving to him his Merchandise; and any other's villain than ours shall be likewise amerced, saving his wainage, if he falls into our mercy. And none of the said amerciaments shall be assessed, but by the oath of honest and lawful men of the vicinage. Earls and Barons shall not be amerced but by their Peers, and after the manner of their offence. No man of the Church shall be amerced after the quantity of his spiritual Benefice, but after his Lay-tenement, and after the quantity of his offence.
[15] No Town or Freeman shall be distrained to make Bridges nor Banks, but such as of old time and of right have been accustomed to make them in the time of King Henry our Grandfather.
[16] No Banks shall be defended from henceforth, but such as were in defence in the time of King Henry our Grandfather, by the same places, and the same bounds, as they were wont to be in his time.
[17] No Sheriff, Constable, Escheator, Coroner, nor any other our Bailiffs, shall hold Pleas of our Crown.
[18] If any that holdeth of us Lay-fee do die, and our Sheriff or Bailiff do show our Letters Patents of our summon for Debt, which the dead man did owe to us; it shall be lawful to our Sheriff or Bailiff to attach or inroll all the goods and chattels of the dead, being found in the said fee, to the Value of the same Debt, by the sight and testimony of lawful men, so that nothing thereof shall be taken away, until we be clearly paid off the debt; and the residue shall remain to the Executors to perform the testament of the dead; and if nothing be owing unto us, all the chattels shall go to the use of the dead (saving to his wife and children their reasonable parts).
[19] No Constable, nor his Bailiff, shall take corn or other chattels of any man, if the man be not of the Town where the Castle is, but he shall forthwith pay for the same, unless that the will of the seller was to respite the payment; and if he be of the same Town, the price shall be paid unto him within forty days.
[20] No Constable shall distrain any Knight to give money for keeping of his Castle, if he himself will do it in his proper person, or cause it to be done by another sufficient man, if he may not do it himself for a reasonable cause. And if we lead or send him to an army, he shall be free from Castle-ward for the time that he shall be with us in fee in our host, for the which he hath done service in our wars.
[21] No Sheriff nor Bailiff of ours, or any other, shall take the Horses or Carts of any man to make carriage, except he pay the old price limited, that is to say, for carriage with two horse, x.d. a day; for three horse, xiv.d. a day. No demesne Cart of any Spiritual person or Knight, or any Lord, shall be taken by our Bailiffs; nor we, nor our Bailiffs, nor any other, shall take any man's wood for our Castles, or other our necessaries to be done, but by the licence of him whose wood it shall be.
[22] We will not hold the Lands of them that be convict of Felony but one year and one day, and then those Lands shall be delivered to the Lords of the fee.
[23] All Wears from henceforth shall be utterly put down by Thames and Medway, and through all England, but only by the Sea-coasts.
[24] The Writ that is called Praecipe in capite shall be from henceforth granted to no person of any freehold, whereby any freeman may lose his Court.
[25] One measure of Wine shall be through our Realm, and one measure of Ale, and one measure of Corn, that is to say, the Quarter of London; and one breadth of dyed Cloth, Russets, and Haberjects, that is to say, two Yards within the lists. And it shall be of Weights as it is of Measures.
[26] Nothing from henceforth shall be given for a Writ of Inquisition, nor taken of him that prayeth Inquisition of Life, or of Member, but it shall be granted freely, and not denied.
[27] If any do hold of us by Fee-ferm, or by Socage, or Burgage, and he holdeth Lands of another by Knights Service, we will not have the Custody of his Heir, nor of his Land, which is holden of the Fee of another, by reason of that Fee-ferm, Socage, or Burgage. Neither will we have the custody of such Fee-ferm, or Socage, or Burgage, except Knights Service be due unto us out of the same Fee-ferm. We will not have the custody of the Heir, or of any Land, by occasion of any Petit Serjeanty, that any man holdeth of us by Service to pay a Knife, an Arrow, or the like.
[28] No Bailiff from henceforth shall put any man to his open Law, nor to an Oath, upon his own bare saying, without faithful Witnesses brought in for the same.
[29] No Freeman shall be taken, or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we pass upon him, nor condemn him, but by lawful Judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.
[30] All Merchants (if they were not openly prohibited before) shall have their safe and sure Conduct to depart out of England, to come into England, to tarry in, and go through England, as well by Land as by Water, to buy and sell without any manner of evil Tolts, by the old and rightful Customs, except in Time of War. And if they be of a land making War against us, and such be found in our Realm at the beginning of the Wars, they shall be attached without harm of body or goods, until it be known unto us , or our Chief Justice, how our Merchants be intreated there in the land making War against us; and if our Merchants be well intreated there, theirs shall be likewise with us.
[31] If any man hold of any Eschete, as of the honour of Wallingford, Nottingham, Boloin, or of any other Eschetes which be in our hands, and are Baronies, and die, his Heir shall give none other Relief, nor do none other Service to us, than he should to the Baron, if it were in the Baron's hand. And we in the same wise shall hold it as the Baron held it; neither shall we have, by occasion of any such Barony or Eschete, any Eschete or keeping of any of our men, unless he that held the Barony or Eschete hold of us in chief.
[32] No Freeman from henceforth shall give or sell any more of his Land, but so that of the residue of the Lands the Lord of the Fee may have the Service due to him, which belongeth to the Fee.
[33] All Patrons of Abbies, which have the King's Charters of England of Advowson, or have old Tenure or Possession in the same, shall have the Custody of them when they fall void, as it hath been accustomed, and as it is afore declared.
[34] No Man shall be taken or imprisoned upon the Appeal of a Woman for the Death of any other, than of her husband.
[35] No County Court from henceforth shall be holden, but from Month to Month; and where greater time hath been used, there shall be greater: Nor any Sheriff, or his Bailiff, shall keep his Turn in the Hundred but twice in the Year; and nowhere but in due place, and accustomed; that is to say, once after Easter, and again after the Feast of St. Michael. And the View of Frankpledge shall be likewise at the Feast of St. Michael without occasion; so that every man may have his Liberties which he had, or used to have, in the time of King HENRY our Grandfather, or which he hath purchased since: but the View of Frankpledge shall be so done, that our Peace may be kept; and that the Tything be wholly kept as it hath been accustomed; and that the Sheriff seek no Occasions, and that he be content with so much as the Sheriff was wont to have for his Viewmaking in the time of King HENRY our Grandfather.
[36] It shall not be lawful from henceforth to any to give his Lands to any Religious House, and to take the same Land again to hold of the same House. Nor shall it be lawful to any House of Religion to take the Lands of any, and to lease the same to him of whom he received it. If any from henceforth give his Lands to any Religious House, and thereupon be convict, the Gift shall be utterly void, and the Land shall accrue to the Lord of the Fee.
[37] Escuage from henceforth shall be taken like as it was wont to be in the time of King HENRY our Grandfather; reserving to all Archbishops, Bishops, Abbots, Priors, Templers, Hospitallers, Earls, Barons, and all persons, as well Spiritual as Temporal, all their free liberties and free Customs, which they have had in time passed. And all these Customs and Liberties aforesaid, which we have granted to be holden within this our Realm, as much as appertaineth to us and our Heirs, we shall observe; and all Men of this our Realm, as well Spiritual as Temporal (as much as in them is) shall observe the same against all persons in like wise. And for this our Gift and Grant of these Liberties, and of other contained in our Charter of Liberties of our Forest, the Archbishops, Bishops, Abbots, Priors, Earls, Barons, Knights, Freeholders, and other our Subjects, have given unto us the Fifteenth Part of all their Moveables. And we have granted unto them for us and our Heirs, that neither we, nor our Heirs shall proc ure or do anything whereby the Liberties in this Charter contained shall be infringed or broken; and if anything be procured by any person contrary to the premisses, it shall be had of no force nor effect. These being Witnesses; Lord B. Archbishop of Cant erbury, E. Bishop of London, J. Bishop of Bathe, P. of Winchester, H. of Lincoln, R. of Salisbury, W. of Rochester, W. of Worester, J. of Ely, H. of Hereford, R. of Chichester, W. of Exeter, Bishops; the Abbot of St. Edmunds, the Abbot of St. Albans, the Abbot of Bello, the Abbot of St. Augustines in Canterbury, the Abbot of Evesham, the Abbot of Westminster, the Abbot of Bourgh St. Peter, the Abbot of Reading, the Abbot of Abindon, the Abbot of Malmsbury, the Abbot of Winchcomb, the Abbot of Hyde, the Abbot of Certefey, the Abbot of Sherburn, the Abbot of Cerne, the Abbot of Abbotebir, the Abbot of Middleton, the Abbot of Seleby, the Abbot of Cirencester; H. de Burgh Justice, H. Earl of Chester and Lincoln, W. Earl of Salisbury, W. Earl of Warren, G. de Clare Earl of Gloucester and Hereford, W. de Ferrars Earl of Derby, W. de Mandeville Earl of Essex, H. de Bygod Earl of Norfolk, W. Earl of Albermarle, H. Earl of Hereford, J. Constable of Chester, R. de Ros, R. Fitzwalter, R. de Vyponte, W. de Bruer, R. de Muntefichet, P. Fitzherbert, W. de Aubenie, F. Grefly, F. de Breus, J. de Monemue, J. Fitzallen, H. de Mortimer, W. de Beauchamp, W. de St. John, P. de Mauly, Brian de Lisle, Thomas de Multon, R. de Argenteyn, G. de Nevil, W. de Mauduit, J. de Balun, and others.
We, ratifying and approving these Gifts and Grants aforesaid, confirm and make strong all the same for us and our Heirs perpetually, and, by the Tenour of these Presents, do renew the same; willing and granting for us and our Heirs, that this Charter, and all and singular his Articles, for ever shall be stedfastly, firmly, and inviolably observed; although some Articles in the same Charter contained, yet hitherto peradventure have not been kept, we will, and by Authority Royal command, from henceforth firmly they be observed. In witness whereof we have caused these our Letters Patents to be made. T. EDWARD our Son at Westminster, the Twenty-eighth Day of March, in the Twenty-eighth Year of our Reign.
The Constitution of the Iroquois Nations, circa 1390
Prepared by Gerald Murphy (The Cleveland Free-Net - aa300)
ABOUT THE IROQUOIS CONSTITUTION:
During the bi-centennial year of The Constitution of the United States, a number of books were written concerning the origin of that long-revered document. One of these, The Genius of the People, alleged that after the many weeks of debate a committee sat to combine the many agreements into one formal document. The chairman of the committee was John Rutledge of South Carolina. He had served in an earlier time, along with Ben Franklin and others, at the Stamp Act Congress, held in Albany, New York. This Committee of Detail was having trouble deciding just how to formalize the many items of discussion into one document that would satisfy one and all. Rutledge proposed they model the new government they were forming into something along the lines of the Iroquois League of Nations, which had been functioning as a democratic government for hundreds of years, and which he had observed in Albany. While there were many desirable, as well as undesirable, models from ancient and modern histories in Europe and what we know now as the Middle East, only the Iroquois had a system that seemed to meet most of the demands espoused by the many parties to the debates. The Genius of the People alleged that the Iroquois had a Constitution which began: "We the people, to form a union. . ."
That one sentence was enough to light a fire under me, and cause me to do some deep research into ancient Iroquoian lore. I never did find that one sentence backed up in what writings there are concerning the ancient Iroquois. But I DID find sufficient data and evidence to convince me that the Iroquois most certainly did have a considerable influence on the drafting of our own Constitution, and we present-day Americans owe them a very large debt. At the time of the founding of the Iroquois League of Nations, no written language existed; we have only the early stories which were passed down from generation to generation, until such time as there was a written language, and interpreters available, to record that early history. One such document is listed below.
There are several other documents now available in various places which refer to the original founding of the Iroquois, and they seem to substantiate this document as probably truthful and accurate. This version was prepared by Arthur C. Parker, Archeologist of the State Museum in New York in 1915, and published by the University of the State of New York as Bulletin 184 on April 1, 1916. It is entitled: The Constitution of the Five Nations - or - The Iroquois Book of the Great Law. In it, you will find close parallels to our Executive, Legislative and Judiciary branches of government as originally described in our U. S. Constitution.
You will find it very difficult to keep in mind that it survives after some 500 or 600 years, and was originated by people that our ancestors mistakenly considered as "savages". Some sources place the origin of the Five Nation Confederacy as early as 1390 AD, but others insist it was prepared about 1450-1500 AD; in any case, it was well before any possible contamination by European invaders. Early explorers and colonists found the Iroquois well established, as they had been for many generations: with a democratic government; with a form of religion that acknowledged a Creator in heaven; with a strong sense of family which was based on, and controlled by, their women; and many other surprises you will soon discover.
It must also be pointed out that this document refers to to the "Five" Nations, while other references to the Confederacy speak of the "Six" nations. From the inception, there were the Five Nations discussed in this Constitution. In about 1715, the Tuscarora Nation, once part of the Iroquois peoples in a much earlier period of their history, moved up from North Carolina to avoid warfare with the invading white settlers, and were adopted into the Confederacy. At this point in time, the Iroquois controlled many parts of our now eastern states from their homelands in what is now New York state. The original Five Nations were:
Mohawk: People Possessors of the Flint
Onondaga: People on the Hills
Seneca: Great Hill People
Oneida: Granite People
Cayuga: People at the Mucky Land
Tuscarora: Shirt Wearing People became the Sixth Nation.
The founder of the Confederacy of the Five Nations is generally acknowledged to be Dekanawida, born near the Bay of Quinte, in southeastern Ontario, Canada. During his travels, he associated himself with a Mohawk tribal lord in what is now New York, and named him Hahyonhwatha (Hiawatha) (He who has misplaced something, but knows where to find it). Hiawatha left his family and friends, and joined Dekanawida in his travels, becoming his chief spokesman. One legend has it that Dekanawida, while brilliant, had a speech impediment, and depended on Hiawatha to do his public speaking for him. Together, they traveled the length and breadth of the lands on the south shores of Lakes Erie and Ontario, as well as the river to the sea, now known as the St. Lawrence. These were the homelands of tribes with a common heritage, but who had been warring with one another for many years. Dekanawida united them into a League of Nations that we now call the Iroquois League. Centuries later, Longfellow "borrowed" the name of Hiawatha to be his hero in a fictional legend; there is no other connection between the two Hiawathas nor their stories.
Here is their original Constitution, as best it can be recontructed from legend and spoken history.
I name the tree the Tree of the Great Long Leaves. Under the shade of this Tree of the Great Peace we spread the soft white feathery down of the globe thistle as seats for you, Adodarhoh, and your cousin Lords.
We place you upon those seats, spread soft with the feathery down of the globe thistle, there beneath the shade of the spreading branches of the Tree of Peace. There shall you sit and watch the Council Fire of the Confederacy of the Five Nations, and all the affairs of the Five Nations shall be transacted at this place before you, Adodarhoh, and your cousin Lords, by the Confederate Lords of the Five Nations.
2. Roots have spread out from the Tree of the Great Peace, one to the north, one to the east, one to the south and one to the west. The name of these roots is The Great White Roots and their nature is Peace and Strength.
If any man or any nation outside the Five Nations shall obey the laws of the Great Peace and make known their disposition to the Lords of the Confederacy, they may trace the Roots to the Tree and if their minds are clean and they are obedient and promise to obey the wishes of the Confederate Council, they shall be welcomed to take shelter beneath the Tree of the Long Leaves.
We place at the top of the Tree of the Long Leaves an Eagle who is able to see afar. If he sees in the distance any evil approaching or any danger threatening he will at once warn the people of the Confederacy.
3. To you Adodarhoh, the Onondaga cousin Lords, I and the other Confederate Lords have entrusted the caretaking and the watching of the Five Nations Council Fire.
When there is any business to be transacted and the Confederate Council is not in session, a messenger shall be dispatched either to Adodarhoh, Hononwirehtonh or Skanawatih, Fire Keepers, or to their War Chiefs with a full statement of the case desired to be considered. Then shall Adodarhoh call his cousin (associate) Lords together and consider whether or not the case is of sufficient importance to demand the attention of the Confederate Council. If so, Adodarhoh shall dispatch messengers to summon all the Confederate Lords to assemble beneath the Tree of the Long Leaves.
When the Lords are assembled the Council Fire shall be kindled, but not with chestnut wood, and Adodarhoh shall formally open the Council.
[ ed note: chestnut wood throws out sparks in burning, thereby creating a disturbance in the council ]
Then shall Adodarhoh and his cousin Lords, the Fire Keepers, announce the subject for discussion.
The Smoke of the Confederate Council Fire shall ever ascend and pierce the sky so that other nations who may be allies may see the Council Fire of the Great Peace.
Adodarhoh and his cousin Lords are entrusted with the Keeping of the Council Fire.
4. You, Adodarhoh, and your thirteen cousin Lords, shall faithfully keep the space about the Council Fire clean and you shall allow neither dust nor dirt to accumulate. I lay a Long Wing before you as a broom. As a weapon against a crawling creature I lay a staff with you so that you may thrust it away from the Council Fire. If you fail to cast it out then call the rest of the United Lords to your aid.
5. The Council of the Mohawk shall be divided into three parties as follows: Tekarihoken, Ayonhwhathah and Shadekariwade are the first party; Sharenhowaneh, Deyoenhegwenh and Oghrenghrehgowah are the second party, and Dehennakrineh, Aghstawenserenthah and Shoskoharowaneh are the third party. The third party is to listen only to the discussion of the first and second parties and if an error is made or the proceeding is irregular they are to call attention to it, and when the case is right and properly decided by the two parties they shall confirm the decision of the two parties and refer the case to the Seneca Lords for their decision. When the Seneca Lords have decided in accord with the Mohawk Lords, the case or question shall be referred to the Cayuga and Oneida Lords on the opposite side of the house.
6. I, Dekanawidah, appoint the Mohawk Lords the heads and the leaders of the Five Nations Confederacy. The Mohawk Lords are the foundation of the Great Peace and it shall, therefore, be against the Great Binding Law to pass measures in the Confederate Council after the Mohawk Lords have protested against them.
No council of the Confederate Lords shall be legal unless all the Mohawk Lords are present.
7. Whenever the Confederate Lords shall assemble for the purpose of holding a council, the Onondaga Lords shall open it by expressing their gratitude to their cousin Lords and greeting them, and they shall make an address and offer thanks to the earth where men dwell, to the streams of water, the pools, the springs and the lakes, to the maize and the fruits, to the medicinal herbs and trees, to the forest trees for their usefulness, to the animals that serve as food and give their pelts for clothing, to the great winds and the lesser winds, to the Thunderers, to the Sun, the mighty warrior, to the moon, to the messengers of the Creator who reveal his wishes and to the Great Creator who dwells in the heavens above, who gives all the things useful to men, and who is the source and the ruler of health and life.
Then shall the Onondaga Lords declare the council open.
The council shall not sit after darkness has set in.
8. The Firekeepers shall formally open and close all councils of the Confederate Lords, and they shall pass upon all matters deliberated upon by the two sides and render their decision.
Every Onondaga Lord (or his deputy) must be present at every Confederate Council and must agree with the majority without unwarrantable dissent, so that a unanimous decision may be rendered.
If Adodarhoh or any of his cousin Lords are absent from a Confederate Council, any other Firekeeper may open and close the Council, but the Firekeepers present may not give any decisions, unless the matter is of small importance.
9. All the business of the Five Nations Confederate Council shall be conducted by the two combined bodies of Confederate Lords. First the question shall be passed upon by the Mohawk and Seneca Lords, then it shall be discussed and passed by the Oneida and Cayuga Lords. Their decisions shall then be referred to the Onondaga Lords, (Fire Keepers) for final judgement.
The same process shall obtain when a question is brought before the council by an individual or a War Chief.
10. In all cases the procedure must be as follows: when the Mohawk and Seneca Lords have unanimously agreed upon a question, they shall report their decision to the Cayuga and Oneida Lords who shall deliberate upon the question and report a unanimous decision to the Mohawk Lords. The Mohawk Lords will then report the standing of the case to the Firekeepers, who shall render a decision as they see fit in case of a disagreement by the two bodies, or confirm the decisions of the two bodies if they are identical. The Fire Keepers shall then report their decision to the Mohawk Lords who shall announce it to the open council.
11. If through any misunderstanding or obstinacy on the part of the Fire Keepers, they render a decision at variance with that of the Two Sides, the Two Sides shall reconsider the matter and if their decisions are jointly the same as before they shall report to the Fire Keepers who are then compelled to confirm their joint decision.
12. When a case comes before the Onondaga Lords (Fire Keepers) for discussion and decsion, Adodarho shall introduce the matter to his comrade Lords who shall then discuss it in their two bodies. Every Onondaga Lord except Hononwiretonh shall deliberate and he shall listen only. When a unanimous decision shall have been reached by the two bodies of Fire Keepers, Adodarho shall notify Hononwiretonh of the fact when he shall confirm it. He shall refuse to confirm a decision if it is not unanimously agreed upon by both sides of the Fire Keepers.
13. No Lord shall ask a question of the body of Confederate Lords when they are discussing a case, question or proposition. He may only deliberate in a low tone with the separate body of which he is a member.
14. When the Council of the Five Nation Lords shall convene they shall appoint a speaker for the day. He shall be a Lord of either the Mohawk, Onondaga or Seneca Nation.
The next day the Council shall appoint another speaker, but the first speaker may be reappointed if there is no objection, but a speaker's term shall not be regarded more than for the day.
15. No individual or foreign nation interested in a case, question or proposition shall have any voice in the Confederate Council except to answer a question put to him or them by the speaker for the Lords.
16. If the conditions which shall arise at any future time call for an addition to or change of this law, the case shall be carefully considered and if a new beam seems necessary or beneficial, the proposed change shall be voted upon and if adopted it shall be called, "Added to the Rafters".
18. If any Confederate Lord neglects or refuses to attend the Confederate Council, the other Lords of the Nation of which he is a member shall require their War Chief to request the female sponsors of the Lord so guilty of defection to demand his attendance of the Council. If he refuses, the women holding the title shall immediately select another candidate for the title.
No Lord shall be asked more than once to attend the Confederate Council.
19. If at any time it shall be manifest that a Confederate Lord has not in mind the welfare of the people or disobeys the rules of this Great Law, the men or women of the Confederacy, or both jointly, shall come to the Council and upbraid the erring Lord through his War Chief. If the complaint of the people through the War Chief is not heeded the first time it shall be uttered again and then if no attention is given a third complaint and warning shall be given. If the Lord is contumacious the matter shall go to the council of War Chiefs. The War Chiefs shall then divest the erring Lord of his title by order of the women in whom the titleship is vested. When the Lord is deposed the women shall notify the Confederate Lords through their War Chief, and the Confederate Lords shall sanction the act. The women will then select another of their sons as a candidate and the Lords shall elect him. Then shall the chosen one be installed by the Installation Ceremony.
When a Lord is to be deposed, his War Chief shall address him as follows:
"So you, __________, disregard and set at naught the warnings of your women relatives. So you fling the warnings over your shoulder to cast them behind you.
"Behold the brightness of the Sun and in the brightness of the Sun's light I depose you of your title and remove the sacred emblem of your Lordship title. I remove from your brow the deer's antlers, which was the emblem of your position and token of your nobility. I now depose you and return the antlers to the women whose heritage they are."
The War Chief shall now address the women of the deposed Lord and say:
"Mothers, as I have now deposed your Lord, I now return to you the emblem and the title of Lordship, therefore repossess them."
Again addressing himself to the deposed Lord he shall say:
"As I have now deposed and discharged you so you are now no longer Lord. You shall now go your way alone, the rest of the people of the Confederacy will not go with you, for we know not the kind of mind that possesses you. As the Creator has nothing to do with wrong so he will not come to rescue you from the precipice of destruction in which you have cast yourself. You shall never be restored to the position which you once occupied."
Then shall the War Chief address himself to the Lords of the Nation to which the deposed Lord belongs and say:
"Know you, my Lords, that I have taken the deer's antlers from the brow of ___________, the emblem of his position and token of his greatness."
The Lords of the Confederacy shall then have no other alternative than to sanction the discharge of the offending Lord.
20. If a Lord of the Confederacy of the Five Nations should commit murder the other Lords of the Nation shall assemble at the place where the corpse lies and prepare to depose the criminal Lord. If it is impossible to meet at the scene of the crime the Lords shall discuss the matter at the next Council of their Nation and request their War Chief to depose the Lord guilty of crime, to "bury" his women relatives and to transfer the Lordship title to a sister family.
The War Chief shall address the Lord guilty of murder and say:
"So you, __________ (giving his name) did kill __________ (naming the slain man), with your own hands! You have comitted a grave sin in the eyes of the Creator. Behold the bright light of the Sun, and in the brightness of the Sun's light I depose you of your title and remove the horns, the sacred emblems of your Lordship title. I remove from your brow the deer's antlers, which was the emblem of your position and token of your nobility. I now depose you and expel you and you shall depart at once from the territory of the Five Nations Confederacy and nevermore return again. We, the Five Nations Confederacy, moreover, bury your women relatives because the ancient Lordship title was never intended to have any union with bloodshed. Henceforth it shall not be their heritage. By the evil deed that you have done they have forfeited it forever.."
The War Chief shall then hand the title to a sister family and he shall address it and say:
"Our mothers, ____________, listen attentively while I address you on a solemn and important subject. I hereby transfer to you an ancient Lordship title for a great calamity has befallen it in the hands of the family of a former Lord. We trust that you, our mothers, will always guard it, and that you will warn your Lord always to be dutiful and to advise his people to ever live in love, poeace and harmony that a great calamity may never happen again."
21. Certain physical defects in a Confederate Lord make him ineligible to sit in the Confederate Council. Such defects are infancy, idiocy, blindness, deafness, dumbness and impotency. When a Confederate Lord is restricted by any of these condition, a deputy shall be appointed by his sponsors to act for him, but in case of extreme necessity the restricted Lord may exercise his rights.
22. If a Confederate Lord desires to resign his title he shall notify the Lords of the Nation of which he is a member of his intention. If his coactive Lords refuse to accept his resignation he may not resign his title.
A Lord in proposing to resign may recommend any proper candidate which recommendation shall be received by the Lords, but unless confirmed and nominated by the women who hold the title the candidate so named shall not be considered.
23. Any Lord of the Five Nations Confederacy may construct shell strings (or wampum belts) of any size or length as pledges or records of matters of national or international importance.
When it is necessary to dispatch a shell string by a War Chief or other messenger as the token of a summons, the messenger shall recite the contents of the string to the party to whom it is sent. That party shall repeat the message and return the shell string and if there has been a sumons he shall make ready for the journey.
Any of the people of the Five Nations may use shells (or wampum) as the record of a pledge, contract or an agreement entered into and the same shall be binding as soon as shell strings shall have been exchanged by both parties.
24. The Lords of the Confederacy of the Five Nations shall be mentors of the people for all time. The thickness of their skin shall be seven spans -- which is to say that they shall be proof against anger, offensive actions and criticism. Their hearts shall be full of peace and good will and their minds filled with a yearning for the welfare of the people of the Confederacy. With endless patience they shall carry out their duty and their firmness shall be tempered with a tenderness for their people. Neither anger nor fury shall find lodgement in their minds and all their words and actions shall be marked by calm deliberation.
25. If a Lord of the Confederacy should seek to establish any authority independent of the jurisdiction of the Confederacy of the Great Peace, which is the Five Nations, he shall be warned three times in open council, first by the women relatives, second by the men relatives and finally by the Lords of the Confederacy of the Nation to which he belongs. If the offending Lord is still obdurate he shall be dismissed by the War Chief of his nation for refusing to conform to the laws of the Great Peace. His nation shall then install the candidate nominated by the female name holders of his family.
26. It shall be the duty of all of the Five Nations Confederate Lords, from time to time as occasion demands, to act as mentors and spiritual guides of their people and remind them of their Creator's will and words. They shall say:
"Hearken, that peace may continue unto future days!
"Always listen to the words of the Great Creator, for he has spoken.
"United people, let not evil find lodging in your minds.
"For the Great Creator has spoken and the cause of Peace shall not become old.
"The cause of peace shall not die if you remember the Great Creator."
Every Confederate Lord shall speak words such as these to promote peace.
27. All Lords of the Five Nations Confederacy must be honest in all things. They must not idle or gossip, but be men
****POSSIBLE DATA LOSS 00 55****
hoose one of their number to sing the Pacification Hymn as they journey to the sorrowing Lords. The singer shall lead the way and the Lords and the people shall follow. When they reach the sorrowing Lords they shall hail the candidate Lord and perform the rite of Conferring the Lordship Title.
33. When a Confederate Lord dies, the surviving relatives shall immediately dispatch a messenger, a member of another clan, to the Lords in another locality. When the runner comes within hailing distance of the locality he shall utter a sad wail, thus: "Kwa-ah, Kwa-ah, Kwa-ah!" The sound shall be repeated three times and then again and again at intervals as many times as the distance may require. When the runner arrives at the settlement the people shall assemble and one must ask him the nature of his sad message. He shall then say, "Let us consider." Then he shall tell them of the death of the Lord. He shall deliver to them a string of shells (wampum) and say "Here is the testimony, you have heard the message." He may then return home.
It now becomes the duty of the Lords of the locality to send runners to other localities and each locality shall send other messengers until all Lords are notified. Runners shall travel day and night.
34. If a Lord dies and there is no candidate qualified for the office in the family of the women title holders, the Lords of the Nation shall give the title into the hands of a sister family in the clan until such a time as the original family produces a candidate, when the title shall be restored to the rightful owners.
No Lordship title may be carried into the grave. The Lords of the Confederacy may dispossess a dead Lord of his title even at the grave.
Ayonwaehs, War Chief under Lord Takarihoken (Mohawk)
Kahonwahdironh, War Chief under Lord Odatshedeh (Oneida)
Ayendes, War Chief under Lord Adodarhoh (Onondaga)
Wenenhs, War Chief under Lord Dekaenyonh (Cayuga)
Shoneradowaneh, War Chief under Lord Skanyadariyo (Seneca)
The women heirs of each head Lord's title shall be the heirs of the War Chief's title of their respective Lord.
The War Chiefs shall be selected from the eligible sons of the female families holding the head Lordship titles.
37. There shall be one War Chief for each Nation and their duties shall be to carry messages for their Lords and to take up the arms of war in case of emergency. They shall not participate in the proceedings of the Confederate Council but shall watch its progress and in case of an erroneous action by a Lord they shall receive the complaints of the people and convey the warnings of the women to him. The people who wish to convey messages to the Lords in the Confederate Council shall do so through the War Chief of their Nation. It shall ever be his duty to lay the cases, questions and propositions of the people before the Confederate Council.
38. When a War Chief dies another shall be installed by the same rite as that by which a Lord is installed.
39. If a War Chief acts contrary to instructions or against the provisions of the Laws of the Great Peace, doing so in the capacity of his office, he shall be deposed by his women relatives and by his men relatives. Either the women or the men alone or jointly may act in such a case. The women title holders shall then choose another candidate.
40. When the Lords of the Confederacy take occasion to dispatch a messenger in behalf of the Confederate Council, they shall wrap up any matter they may send and instruct the messenger to remember his errand, to turn not aside but to proceed faithfully to his destination and deliver his message according to every instruction.
41. If a message borne by a runner is the warning of an invasion he shall whoop, "Kwa-ah, Kwa-ah," twice and repeat at short intervals; then again at a longer interval.
If a human being is found dead, the finder shall not touch the body but return home immediately shouting at short intervals, "Koo-weh!"
43. People of the Five Nations members of a certain clan shall recognize every other member of that clan, irrespective of the Nation, as relatives. Men and women, therefore, members of the same clan are forbidden to marry.
44. The lineal descent of the people of the Five Nations shall run in the female line. Women shall be considered the progenitors of the Nation. They shall own the land and the soil. Men and women shall follow the status of the mother.
45. The women heirs of the Confederated Lordship titles shall be called Royaneh (Noble) for all time to come.
46. The women of the Forty Eight (now fifty) Royaneh families shall be the heirs of the Authorized Names for all time to come.
When an infant of the Five Nations is given an Authorized Name at the Midwinter Festival or at the Ripe Corn Festival, one in the cousinhood of which the infant is a member shall be appointed a speaker. He shall then announce to the opposite cousinhood the names of the father and the mother of the child together with the clan of the mother. Then the speaker shall announce the child's name twice. The uncle of the child shall then take the child in his arms and walking up and down the room shall sing: "My head is firm, I am of the Confederacy." As he sings the opposite cousinhood shall respond by chanting, "Hyenh, Hyenh, Hyenh, Hyenh," until the song is ended.
47. If the female heirs of a Confederate Lord's title become extinct, the title right shall be given by the Lords of the Confederacy to the sister family whom they shall elect and that family shall hold the name and transmit it to their (female) heirs, but they shall not appoint any of their sons as a candidate for a title until all the eligible men of the former family shall have died or otherwise have become ineligible.
48. If all the heirs of a Lordship title become extinct, and all the families in the clan, then the title shall be given by the Lords of the Confederacy to the family in a sister clan whom they shall elect.
49. If any of the Royaneh women, heirs of a titleship, shall wilfully withhold a Lordship or other title and refuse to bestow it, or if such heirs abandon, forsake or despise their heritage, then shall such women be deemed buried and their family extinct. The titleship shall then revert to a sister family or clan upon application and complaint. The Lords of the Confederacy shall elect the family or clan which shall in future hold the title.
50. The Royaneh women of the Confederacy heirs of the Lordship titles shall elect two women of their family as cooks for the Lord when the people shall assemble at his house for business or other purposes.
It is not good nor honorable for a Confederate Lord to allow his people whom he has called to go hungry.
51. When a Lord holds a conference in his home, his wife, if she wishes, may prepare the food for the Union Lords who assemble with him. This is an honorable right which she may exercise and an expression of her esteem.
52. The Royaneh women, heirs of the Lordship titles, shall, should it be necessary, correct and admonish the holders of their titles. Those only who attend the Council may do this and those who do not shall not object to what has been said nor strive to undo the action.
53. When the Royaneh women, holders of a Lordship title, select one of their sons as a candidate, they shall select one who is trustworthy, of good character, of honest disposition, one who manages his own affairs, supports his own family, if any, and who has proven a faithful man to his Nation.
54. When a Lordship title becomes vacant through death or other cause, the Royaneh women of the clan in which the title is hereditary shall hold a council and shall choose one from among their sons to fill the office made vacant. Such a candidate shall not be the father of any Confederate Lord. If the choice is unanimous the name is referred to the men relatives of the clan. If they should disapprove it shall be their duty to select a candidate from among their own number. If then the men and women are unable to decide which of the two candidates shall be named, then the matter shall be referred to the Confederate Lords in the Clan. They shall decide which candidate shall be named. If the men and the women agree to a candidate his name shall be referred to the sister clans for confirmation. If the sister clans confirm the choice, they shall refer their action to their Confederate Lords who shall ratify the choice and present it to their cousin Lords, and if the cousin Lords confirm the name then the candidate shall be installed by the proper ceremony for the conferring of Lordship titles.
A bunch of shell strings is to be the symbol of the council fire of the Five Nations Confederacy. And the Lord whom the council of Fire Keepers shall appoint to speak for them in opening the council shall hold the strands of shells in his hands when speaking. When he finishes speaking he shall deposit the strings on an elevated place (or pole) so that all the assembled Lords and the people may see it and know that the council is open and in progress.
When the council adjourns the Lord who has been appointed by his comrade Lords to close it shall take the strands of shells in his hands and address the assembled Lords. Thus will the council adjourn until such time and place as appointed by the council. Then shall the shell strings be placed in a place for safekeeping.
Every five years the Five Nations Confederate Lords and the people shall assemble together and shall ask one another if their minds are still in the same spirit of unity for the Great Binding Law and if any of the Five Nations shall not pledge continuance and steadfastness to the pledge of unity then the Great Binding Law shall dissolve.
56. Five strings of shell tied together as one shall represent the Five Nations. Each string shall represent one territory and the whole a completely united territory known as the Five Nations Confederate territory.
57. Five arrows shall be bound together very strong and each arrow shall represent one nation. As the five arrows are strongly bound this shall symbolize the complete union of the nations. Thus are the Five Nations united completely and enfolded together, united into one head, one body and one mind. Therefore they shall labor, legislate and council together for the interest of future generations.
The Lords of the Confederacy shall eat together from one bowl the feast of cooked beaver's tail. While they are eating they are to use no sharp utensils for if they should they might accidentally cut one another and bloodshed would follow. All measures must be taken to prevent the spilling of blood in any way.
58. There are now the Five Nations Confederate Lords standing with joined hands in a circle. This signifies and provides that should any one of the Confederate Lords leave the council and this Confederacy his crown of deer's horns, the emblem of his Lordship title, together with his birthright, shall lodge on the arms of the Union Lords whose hands are so joined. He forfeits his title and the crown falls from his brow but it shall remain in the Confederacy.
A further meaning of this is that if any time any one of the Confederate Lords choose to submit to the law of a foreign people he is no longer in but out of the Confederacy, and persons of this class shall be called "They have alienated themselves." Likewise such persons who submit to laws of foreign nations shall forfeit all birthrights and claims on the Five Nations Confederacy and territory.
You, the Five Nations Confederate Lords, be firm so that if a tree falls on your joined arms it shall not separate or weaken your hold. So shall the strength of the union be preserved.
59. A bunch of wampum shells on strings, three spans of the hand in length, the upper half of the bunch being white and the lower half black, and formed from equal contributions of the men of the Five Nations, shall be a token that the men have combined themselves into one head, one body and one thought, and it shall also symbolize their ratification of the peace pact of the Confederacy, whereby the Lords of the Five Nations have established the Great Peace.
The white portion of the shell strings represent the women and the black portion the men. The black portion, furthermore, is a token of power and authority vested in the men of the Five Nations.
This string of wampum vests the people with the right to correct their erring Lords. In case a part or all the Lords pursue a course not vouched for by the people and heed not the third warning of their women relatives, then the matter shall be taken to the General Council of the women of the Five Nations. If the Lords notified and warned three times fail to heed, then the case falls into the hands of the men of the Five Nations. The War Chiefs shall then, by right of such power and authority, enter the open concil to warn the Lord or Lords to return from the wrong course. If the Lords heed the warning they shall say, "we will reply tomorrow." If then an answer is returned in favor of justice and in accord with this Great Law, then the Lords shall individualy pledge themselves again by again furnishing the necessary shells for the pledge. Then shall the War Chief or Chiefs exhort the Lords urging them to be just and true.
Should it happen that the Lords refuse to heed the third warning, then two courses are open: either the men may decide in their council to depose the Lord or Lords or to club them to death with war clubs. Should they in their council decide to take the first course the War Chief shall address the Lord or Lords, saying: "Since you the Lords of the Five Nations have refused to return to the procedure of the Constitution, we now declare your seats vacant, we take off your horns, the token of your Lordship, and others shall be chosen and installed in your seats, therefore vacate your seats."
Should the men in their council adopt the second course, the War Chief shall order his men to enter the council, to take positions beside the Lords, sitting bewteen them wherever possible. When this is accomplished the War Chief holding in his outstretched hand a bunch of black wampum strings shall say to the erring Lords: "So now, Lords of the Five United Nations, harken to these last words from your men. You have not heeded the warnings of the women relatives, you have not heeded the warnings of the General Council of women and you have not heeded the warnings of the men of the nations, all urging you to return to the right course of action. Since you are determined to resist and to withhold justice from your people there is only one course for us to adopt." At this point the War Chief shall let drop the bunch of black wampum and the men shall spring to their feet and club the erring Lords to death. Any erring Lord may submit before the War Chief lets fall the black wampum. Then his execution is withheld.
The black wampum here used symbolizes that the power to execute is buried but that it may be raised up again by the men. It is buried but when occasion arises they may pull it up and derive their power and authority to act as here described.
60. A broad dark belt of wampum of thirty-eight rows, having a white heart in the center, on either side of which are two white squares all connected with the heart by white rows of beads shall be the emblem of the unity of the Five Nations.
[ ed note: This is the Hiawatha Belt, now in the Congressional Library. ]
The first of the squares on the left represents the Mohawk nation and its territory; the second square on the left and the one near the heart, represents the Oneida nation and its territory; the white heart in the middle represents the Onondaga nation and its territory, and it also means that the heart of the Five Nations is single in its loyalty to the Great Peace, that the Great Peace is lodged in the heart (meaning the Onondaga Lords), and that the Council Fire is to burn there for the Five Nations, and further, it means that the authority is given to advance the cause of peace whereby hostile nations out of the Confederacy shall cease warfare; the white square to the right of the heart represents the Cayuga nation and its territory and the fourth and last white square represents the Seneca nation and its territory.
White shall here symbolize that no evil or jealous thoughts shall creep into the minds of the Lords while in Council under the Great Peace. White, the emblem of peace, love, charity and equity surrounds and guards the Five Nations.
61. Should a great calamity threaten the generations rising and living of the Five United Nations, then he who is able to climb to the top of the Tree of the Great Long Leaves may do so. When, then, he reaches the top of the tree he shall look about in all directions, and, should he see that evil things indeed are approaching, then he shall call to the people of the Five United Nations assembled beneath the Tree of the Great Long Leaves and say: "A calamity threatens your happiness."
Then shall the Lords convene in council and discuss the impending evil.
When all the truths relating to the trouble shall be fully known and found to be truths, then shall the people seek out a Tree of Ka-hon-ka-ah-go-nah, [ a great swamp Elm ], and when they shall find it they shall assemble their heads together and lodge for a time between its roots. Then, their labors being finished, they may hope for happiness for many days after.
62. When the Confederate Council of the Five Nations declares for a reading of the belts of shell calling to mind these laws, they shall provide for the reader a specially made mat woven of the fibers of wild hemp. The mat shall not be used again, for such formality is called the honoring of the importance of the law.
63. Should two sons of opposite sides of the council fire agree in a desire to hear the reciting of the laws of the Great Peace and so refresh their memories in the way ordained
****POSSIBLE DATA LOSS 00 55****
n or individual is admitted into the Five Nations the admission shall be understood only to be a temporary one. Should the person or nation create loss, do wrong or cause suffering of any kind to endanger the peace of the Confederacy, the Confederate Lords shall order one of their war chiefs to reprimand him or them and if a similar offence is again committed the offending party or parties shall be expelled from the territory of the Five United Nations.
75. When a member of an alien nation comes to the territory of the Five Nations and seeks refuge and permanent residence, the Lords of the Nation to which he comes shall extend hospitality and make him a member of the nation. Then shall he be accorded equal rights and privileges in all matters except as after mentioned.
76. No body of alien people who have been adopted temporarily shall have a vote in the council of the Lords of the Confederacy, for only they who have been invested with Lordship titles may vote in the Council. Aliens have nothing by blood to make claim to a vote and should they have it, not knowing all the traditions of the Confederacy, might go against its Great Peace. In this manner the Great Peace would be endangered and perhaps be destroyed.
77. When the Lords of the Confederacy decide to admit a foreign nation and an adoption is made, the Lords shall inform the adopted nation that its admission is only temporary. They shall also say to the nation that it must never try to control, to interfere with or to injure the Five Nations nor disregard the Great Peace or any of its rules or customs. That in no way should they cause disturbance or injury. Then should the adopted nation disregard these injunctions, their adoption shall be annuled and they shall be expelled.
The expulsion shall be in the following manner: The council shall appoint one of their War Chiefs to convey the message of annulment and he shall say, "You (naming the nation) listen to me while I speak. I am here to inform you again of the will of the Five Nations' Council. It was clearly made known to you at a former time. Now the Lords of the Five Nations have decided to expel you and cast you out. We disown you now and annul your adoption. Therefore you must look for a path in which to go and lead away all your people. It was you, not we, who committed wrong and caused this sentence of annulment. So then go your way and depart from the territory of the Five Nations and from the Confederacy."
78. Whenever a foreign nation enters the Confederacy or accepts the Great Peace, the Five Nations and the foreign nation shall enter into an agreement and compact by which the foreign nation shall endeavor to pursuade other nations to accept the Great Peace.
80. When the Confederate Council of the Five Nations has for its object the establishment of the Great Peace among the people of an outside nation and that nation refuses to accept the Great Peace, then by such refusal they bring a declaration of war upon themselves from the Five Nations. Then shall the Five Nations seek to establish the Great Peace by a conquest of the rebellious nation.
81. When the men of the Five Nations, now called forth to become warriors, are ready for battle with an obstinate opposing nation that has refused to accept the Great Peace, then one of the five War Chiefs shall be chosen by the warriors of the Five Nations to lead the army into battle. It shall be the duty of the War Chief so chosen to come before his warriors and address them. His aim shall be to impress upon them the necessity of good behavior and strict obedience to all the commands of the War Chiefs. He shall deliver an oration exhorting them with great zeal to be brave and courageous and never to be guilty of cowardice. At the conclusion of his oration he shall march forward and commence the War Song and he shall sing:
Now I am greatly surprised
And, therefore I shall use it --
The powerr of my War Song.
I am of the Five Nations
And I shall make supplication
To the Almighty Creator.
He has furnished this army.
My warriors shall be mighty
In the strength of the Creator.
Between him and my song they are
For it was he who gave the song
This war song that I sing!
82. When the warriors of the Five Nations are on an expedition against an enemy, the War Chief shall sing the War Song as he approaches the country of the enemy and not cease until his scouts have reported that the army is near the enemies' lines when the War Chief shall approach with great caution and prepare for the attack.
83. When peace shall have been established by the termination of the war against a foreign nation, then the War Chief shall cause all the weapons of war to be taken from the nation. Then shall the Great Peace be established and that nation shall observe all the rules of the Great Peace for all time to come.
84. Whenever a foreign nation is conquered or has by their own will accepted the Great Peace their own system of internal government may continue, but they must cease all warfare against other nations.
85. Whenever a war against a foreign nation is pushed until that nation is about exterminated because of its refusal to accept the Great Peace and if that nation shall by its obstinacy become exterminated, all their rights, property and territory shall become the property of the Five Nations.
86. Whenever a foreign nation is conquered and the survivors are brought into the territory of the Five Nations' Confederacy and placed under the Great Peace the two shall be known as the Conqueror and the Conquered. A symbolic relationship shall be devised and be placed in some symbolic position. The conquered nation shall have no voice in the councils of the Confederacy in the body of the Lords.
87. When the War of the Five Nations on a foreign rebellious nation is ended, peace shall be restored to that nation by a withdrawal of all their weapons of war by the War Chief of the Five Nations. When all the terms of peace shall have been agreed upon a state of friendship shall be established.
88. When the proposition to establish the Great Peace is made to a foreign nation it shall be done in mutual council. The foreign nation is to be persuaded by reason and urged to come into the Great Peace. If the Five Nations fail to obtain the consent of the nation at the first council a second council shall be held and upon a second failure a third council shall be held and this third council shall end the peaceful methods of persuasion. At the third council the War Chief of the Five nations shall address the Chief of the foreign nation and request him three times to accept the Great Peace. If refusal steadfastly follows the War Chief shall let the bunch of white lake shells drop from his outstretched hand to the ground and shall bound quickly forward and club the offending chief to death. War shall thereby be declared and the War Chief shall have his warriors at his back to meet any emergency. War must continue until the contest is won by the Five Nations.
89. When the Lords of the Five Nations propose to meet in conference with a foreign nation with proposals for an acceptance of the Great Peace, a large band of warriors shall conceal themselves in a secure place safe from the espionage of the foreign nation but as near at hand as possible. Two warriors shall accompany the Union Lord who carries the proposals and these warriors shall be especially cunning. Should the Lord be attacked, these warriors shall hasten back to the army of warriors with the news of the calamity which fell through the treachery of the foreign nation.
90. When the Five Nations' Council declares war any Lord of the Confederacy may enlist with the warriors by temporarily renouncing his sacred Lordship title which he holds through the election of his women relatives. The title then reverts to them and they may bestow it upon another temporarily until the war is over when the Lord, if living, may resume his title and seat in the Council.
91. A certain wampum belt of black beads shall be the emblem of the authority of the Five War Chiefs to take up the weapons of war and with their men to resist invasion. This shall be called a war in defense of the territory.
It shall then be the duty of the Lords of the Confederacy who remain faithful to resolve to warn the offending people. They shall be warned once and if a second warning is necessary they shall be driven from the territory of the Confederacy by the War Chiefs and his men.
94. The men of every clan of the Five Nations shall have a Council Fire ever burning in readiness for a council of the clan. When it seems necessary for a council to be held to discuss the welfare of the clans, then the men may gather about the fire. This council shall have the same rights as the council of the women.
95. The women of every clan of the Five Nations shall have a Council Fire ever burning in readiness for a council of the clan. When in their opinion it seems necessary for the interest of the people they shall hold a council and their decisions and recommendations shall be introduced before the Council of the Lords by the War Chief for its consideration.
96. All the Clan council fires of a nation or of the Five Nations may unite into one general council fire, or delegates from all the council fires may be appointeed to unite in a general council for discussing the interests of the people. The people shall have the right to make appointments and to delegate their power to others of their number. When their council shall have come to a conclusion on any matter, their decision shall be reported to the Council of the Nation or to the Confederate Council (as the case may require) by the War Chief or the War Chiefs.
97. Before the real people united their nations, each nation had its council fires. Before the Great Peace their councils were held. The five Council Fires shall continue to burn as before and they are not quenched. The Lords of each nation in future shall settle their nation's affairs at this council fire governed always by the laws and rules of the council of the Confederacy and by the Great Peace.
98. If either a nephew or a niece see an irregularity in the performance of the functions of the Great Peace and its laws, in the Confederate Council or in the conferring of Lordship titles in an improper way, through their War Chief they may demand that such actions become subject to correction and that the matter conform to the ways prescribed by the laws of the Great Peace.
100. It shall be the duty of the Lords of each brotherhood to confer at the approach of the time of the Midwinter Thanksgiving and to notify their people of the approaching festival. They shall hold a council over the matter and arrange its details and begin the Thanksgiving five days after the moon of Dis-ko-nah is new. The people shall assemble at the appointed place and the nephews shall notify the people of the time and place. From the beginning to the end the Lords shall preside over the Thanksgiving and address the people from time to time.
101. It shall be the duty of the appointed managers of the Thanksgiving festivals to do all that is needed for carrying out the duties of the occasions.
The recognized festivals of Thanksgiving shall be the Midwinter Thanksgiving, the Maple or Sugar-making Thanksgiving, the Raspberry Thanksgiving, the Strawberry Thanksgiving, the Cornplanting Thanksgiving, the Corn Hoeing Thanksgiving, the Little Festival of Green Corn, the Great Festival of Ripe Corn and the complete Thanksgiving for the Harvest.
Each nation's festivals shall be held in their Long Houses.
102. When the Thanksgiving for the Green Corn comes the special managers, both the men and women, shall give it careful attention and do their duties properly.
103. When the Ripe Corn Thanksgiving is celebrated the Lords of the Nation must give it the same attention as they give to the Midwinter Thanksgiving.
104. Whenever any man proves himself by his good life and his knowledge of good things, naturally fitted as a teacher of good things, he shall be recognized by the Lords as a teacher of peace and religion and the people shall hear him.
"Haii, haii Agwah wi-yoh
" " A-kon-he-watha
" " Ska-we-ye-se-go-wah
" " Yon-gwa-wih
" " Ya-kon-he-wa-tha
Haii, haii It is good indeed
" " (That) a broom, --
" " A great wing,
" " It is given me
" " For a sweeping instrument."
106. Whenever a person properly entitled desires to learn the Pacification Song he is privileged to do so but he must prepare a feast at which his teachers may sit with him and sing. The feast is provided that no misfortune may befall them for singing the song on an occasion when no chief is installed.
"Now then, in turn, you here present who were related to this man and you who were his friends and associates, behold the path that is yours also! Soon we ourselves will be left in that place. For this reason hold yourselves in restraint as you go from place to place. In your actions and in your conversation do no idle thing. Speak not idle talk neither gossip. Be careful of this and speak not and do not give way to evil behavior. One year is the time that you must abstain from unseemly levity but if you can not do this for ceremony, ten days is the time to regard these things for respect."
109. At the funeral of a War Chief, say: "Now we become reconciled as you start away. You were once a War Chief of the Five Nations' Confederacy and the United People trusted you as their guard from the enemy." (The remainder is the same as the address at the funeral of a Lord).
110. At the funeral of a Warrior, say: "Now we become reconciled as you start away. Once you were a devoted provider and protector of your family and you were ever ready to take part in battles for the Five Nations' Confederacy. The United People trusted you." (The remainder is the same as the address at the funeral of a Lord).
111. At the funeral of a young man, say: "Now we become reconciled as you start away. In the beginning of your career you are taken away and the flower of your life is withered away." (The remainder is the same as the address at the funeral of a Lord).
112. At the funeral of a chief woman, say: "Now we become reconciled as you start away. You were once a chief woman in the Five Nations' Confederacy. You once were a mother of the nations. Now we release you for it is true that it is no longer possible for us to walk about together on the earth. Now, therefore, we lay it (the body) here. Here we lay it away. Now then we say to you, 'Persevere onward to the place where the Creator dwells in peace. Let not the things of the earth hinder you. Let nothing that transpired while you lived hinder you. Looking after your family was a sacred duty and you were faithful. You were one of the many joint heirs of the Lordship titles. Feastings were yours and you had pleasant occasions. . ." (The remainder is the same as the address at the funeral of a Lord).
113. At the funeral of a woman of the people, say: "Now we become reconciled as you start away. You were once a woman in the flower of life and the bloom is now withered away. You once held a sacred position as a mother of the nation. (Etc.) Looking after your family was a sacred duty and you were faithful. Feastings . . . (etc.)" (The remainder is the same as the address at the funeral of a Lord).
114. At the funeral of an infant or young woman, say: "Now we become reconciled as you start away. You were a tender bud and gladdened our hearts for only a few days. Now the bloom has withered away . . . (etc.) Let none of the things that transpired on earth hinder you. Let nothing that happened while you lived hinder you." (The remainder is the same as the address at the funeral of a Lord).
[ Editors note: the above ellipses and 'etc.' remarks are transcribed directly from the text I copied. ]
115. When an infant dies within three days, mourning shall continue only five days. Then shall you gather the little boys and girls at the house of mourning and at the funeral feast a speaker shall address the children and bid them be happy once more, though by a death, gloom has been cast over them. Then shall the black clouds roll away and the sky shall show blue once more. Then shall the children be again in sunshine.
116. When a dead person is brought to the burial place, the speaker on the opposite side of the Council Fire shall bid the bereaved family cheer their minds once again and rekindle their hearth fires in peace, to put their house in order and once again be in brightness for darkness has covered them. He shall say that the black clouds shall roll away and that the bright blue sky is visible once more. Therefore shall they be in peace in the sunshine again.
117. Three strings of shell one span in length shall be employed in addressing the assemblage at the burial of the dead. The speaker shall say:
"Hearken you who are here, this body is to be covered. Assemble in this place again ten days hence for it is the decree of the Creator that mourning shall cease when ten days have expired. Then shall a feast be made."
Then at the expiration of ten days the speaker shall say: "Continue to listen you who are here. The ten days of mourning have expired and your minds must now be freed of sorrow as before the loss of a relative. The relatives have decided to make a little compensation to those who have assisted at the funeral. It is a mere expression of thanks. This is to the one who did the cooking while the body was lying in the house. Let her come forward and receive this gift and be dismissed from the task." In substance this shall be repeated for every one who assisted in any way until all have been remembered.
------------------------------------
Prepared by Gerald Murphy (The Cleveland Free-Net - aa300) Distributed by the Cybercasting Services Division of the National Public Telecomputing Network (NPTN).
Permission is hereby granted to download, reprint, and/or otherwise redistribute this file, provided appropriate point of origin credit is given to the preparer(s) and the National Public Telecomputing Network.
THE MAYFLOWER COMPACT of 1620
"In the name of God, Amen. We, whose names are underwritten, the
Loyal Subjects of our dread Sovereign Lord, King James, by the
Grace of God, of England, France and Ireland, King, Defender
of the Faith, e&.
Having undertaken for the Glory of God, and Advancement of the Christian Faith, and the Honour of our King and Country, a voyage to plant the first colony in the northern parts of Virginia; do by these presents, solemnly and mutually in the Presence of God and one of another, covenant and combine ourselves together into a civil Body Politick, for our better Ordering and Preservation, and Furtherance of the Ends aforesaid; And by Virtue hereof to enact, constitute, and frame, such just and equal Laws, Ordinances, Acts, Constitutions and Offices, from time to time, as shall be thought most meet and convenient for the General good of the Colony; unto which we promise all due submission and obedience.
In Witness whereof we have hereunto subscribed our names at Cape Cod the eleventh of November, in the Reign of our Sovereign Lord, King James of England, France and Ireland, the eighteenth, and of Scotland the fifty-fourth. Anno Domini, 1620."
There followed the signatures of 41 of the 102 passengers, 37 of whom were members of the "Separatists" who were fleeing religious persecution in Europe. This compact established the first basis in the new world for written laws. Half the colony failed to survive the first winter, but the remainder lived on and prospered.
------------------------------------
Prepared by Gerald Murphy (The Cleveland Free-Net - aa300) Distributed by the Cybercasting Services Division of the National Public Telecomputing Network (NPTN).
Permission is hereby granted to download, reprint, and/or otherwise redistribute this file, provided appropriate point of origin credit is given to the preparer(s) and the National Public Telecomputing Network.
THE FUNDAMENTAL ORDERS OF 1639
January 14, 1639
For as much as it hath pleased Almighty God by the wise disposition of his divine providence so to order and dispose of things that we the Inhabitants and Residents of Windsor, Hartford and Wethersfield are now cohabiting and dwelling in and upon the River of Connectecotte and the lands thereunto adjoining; and well knowing where a people are gathered together the word of God requires that to maintain the peace and union of such a people there should be an orderly and decent Government established according to God, to order and dispose of the affairs of the people at all seasons as occasion shall require; do therefore associate and conjoin ourselves to be as one Public State or Commonwealth; and do for ourselves and our successors and such as shall be adjoined to us at any time hereafter, enter into Combination and Confederation together, to maintain and preserve the liberty and purity of the Gospel of our Lord Jesus which we now profess, as also, the discipline of the Churches, which according to the truth of the said Gospel is now practiced amongst us; as also in our civil affairs to be guided and governed accordinbg to such Laws, Rules, Orders and Decrees as shall be made, ordered, and decreed as followeth:
1. It is Ordered, sentenced, and decreed, that there shall be yearly two General Assemblies or Courts, the one the second Thursday in April, the other the second Thursday in September following; the first shall be called the Court of Election, wherein shall be yearly chosen from time to time, so many Magistrates and other public Officers as shall be found requisite: Whereof one to be chosen Governor for the year ensuing and until another be chosen, and no other Magistrate to be chosen for more than one year: provided always there be six chosen besides the Governor, which being chosen and sworn according to an Oath recorded for that purpose, shall have the power to administer justice according to the Laws here established, and for want thereof, according to the Rule of the Word of God; which choice shall be made by all that are admitted freemen and have taken the Oath of Fidelity, and do cohabit within this Jurisdiction having been admitted Inhabitants by the major part of the Town wherein they live or the major part of such as shall be then present.
2. It is Ordered, sentenced, and decreed, that the election of the aforesaid Magistrates shall be in this manner: every person present and qualified for choice shall bring in (to the person deputed to receive them) one single paper with the name of him written in it whom he desires to have Governor, and that he that hath the greatest number of papers shall be Governor for that year. And the rest of the Magistrates or public officers to be chosen in this manner: the Secretary for the time being shall first read the names of all that are to be put to choice and then shall severally nominate them distinctly, and every one that would have the person nominated to be chosen shall bring in one single paper written upon, and he that would not have him chosen shall bring in a blank; and every one that hath more written papers than blanks shall be a Magistrate for that year; which papers shall be received and told by one or more that shall be then chosen by the court and sworn to be faithful therein; but in case there should not be six chosen as aforesaid, besides the Governor, out of those which are nominated, than he or they which have the most writen papers shall be a Magistrate or Magistrates for the ensuing year, to make up the aforesaid number.
3. It is Ordered, sentenced, and decreed, that the Secretary shall not nominate any person, nor shall any person be chosen newly into the Magistracy which was not propounded in some General Court before, to be nominated the next election; and to that end it shall be lawful for each of the Towns aforesaid by their deputies to nominate any two whom they conceive fit to be put to election; and the Court may add so many more as they judge requisite.
4. It is Ordered, sentenced, and decreed, that no person be chosen Governor above once in two years, and that the Governor be always a member of some approved Congregation, and formerly of the Magistracy within this Jurisdiction; and that all the Magistrates, Freemen of this Commonwealth; and that no Magistrate or other public officer shall execute any part of his or their office before they are severally sworn, which shall be done in the face of the court if they be present, and in case of absence by some deputed for that purpose.
5. It is Ordered, sentenced, and decreed, that to the aforesaid Court of Election the several Towns shall send their deputies, and when the Elections are ended they may proceed in any public service as at other Courts. Also the other General Court in September shall be for making of laws, and any other public occasion, which concerns the good of the Commonwealth.
6. It is Ordered, sentenced, and decreed, that the Governor shall, either by himself or by the Secretary, send out summons to the Constables of every Town for the calling of these two standing Courts one month at least before their several times: And also if the Governor and the greatest part of the Magistrates see cause upon any special occasion to call a General Court, they may give order to the Secretary so to do within fourteen days' warning: And if urgent necessity so required, upon a shorter notice, giving sufficient grounds for it to the deputies when they meet, or else be questioned for the same; And if the Governor and major part of Magistrates shall either neglect or refuse to call the two General standing Courts or either of them, as also at other times when the occasions of the Commonwealth require, the Freemen thereof, or the major part of them, shall petition to them so to do; if then it be either denied or neglected, the said Freemen, or the major part of them, shall have the power to give order to the Constables of the several Towns to do the same, and so may meet together, and choose to themselves a Moderator, and may proceed to do any act of power which any other General Courts may.
7. It is Ordered, sentenced, and decreed, that after there are warrants given out for any of the said General Courts, the Constable or Constables of each Town, shall forthwith give notice distinctly to the inhabitants of the same, in some public assembly or by going or sending from house to house, that at a place and time by him or them limited and set, they meet and assemble themselves together to elect and choose certain deputies to be at the General Court then following to agitate the affairs of the Commonwealth; which said deputies shall be chosen by all that are admitted Inhabitants in the several Towns and have taken the oath of fidelity; provided that none be chosen a Deputy for any General Court which is not a Freeman of this Commonwealth.
The aforesaid deputies shall be chosen in manner following: every person that is present and qualified as before expressed, shall bring the names of such, written in several papers, as they desire to have chosen for that employment, and these three or four, more or less, being the number agreed on to be chosen for that time, that have the greatest number of papers written for them shall be deputies for that Court; whose names shall be endorsed on the back side of the warrant and returned into the Court, with the Constable or Constables' hand unto the same.
8. It is Ordered, sentenced, and decreed, that Windsor, Hartford, and Wethersfield shall have power, each Town, to send four of their Freemen as their deputies to every General Court; and Whatsoever other Town shall be hereafter added to this Jurisdiction, they shall send so many deputies as the Court shall judge meet, a reasonable proportion to the number of Freemen that are in the said Towns being to be attended therein; which deputies shall have the power of the whole Town to give their votes and allowance to all such laws and orders as may be for the public good, and unto which the said Towns are to be bound.
9. It is Ordered, sentenced, and decreed, that the deputies thus chosen shall have power and liberty to appoint a time and a place of meeting together before any General Court, to advise and consult of all such things as may concern the good of the public, as also to examine their own Elections, whether according to the order, and if they or the greatest part of them find any election to be illegal they may seclude such for present from their meeting, and return the same and their reasons to the Court; and if it be proved true, the Court may fine the party or parties so intruding, and the Town, if they see cause, and give out a warrant to go to a new election in a legal way, either in part or in whole. Also the said deputies shall have power to fine any that shall be disorderly at their meetings, or for not coming in due time or place according to appointment; and they may return the said fines into the Court if it be refused to be paid, and the Treasurer to take notice of it, and to escheat or levy the same as he does other fines.
10. It is Ordered, sentenced, and decreed, that every General Court, except such as through neglect of the Governor and the greatest part of the Magistrates the Freemen themselves do call, shall consist of the Governor, or some one chosen to moderate the Court, and four other Magistrates at least, with the major part of the deputies of the several Towns legally chosen; and in case the Freemen, or major part of them, through neglect or refusal of the Governor and major part of the Magistrates, shall call a Court, it shall consist of the major part of Freemen that are present or their deputiues, with a Moderator chosen by them: In which said General Courts shall consist the supreme power of the Commonwealth, and they only shall have power to make laws or repeal them, to grant levies, to admit of Freemen, dispose of lands undisposed of, to several Towns or persons, and also shall have power to call either Court or Magistrate or any other person whatsoever into question for any misdemeanor, and may for just causes displace or deal otherwise according to the nature of the offense; and also may deal in any other matter that concerns the good of this Commonwealth, except election of Magistrates, which shall be done by the whole body of Freemen.
In which Court the Governor or Moderator shall have power to order the Court, to give liberty of speech, and silence unseasonable and disorderly speakings, to put all things to vote, and in case the vote be equal to have the casting voice. But none of these Courts shall be adjourned or dissolved without the consent of the major part of the Court.
11. It is Ordered, sentenced, and decreed, that when any General Court upon the occasions of the Commonwealth have agreed upon any sum, or sums of money to be levied upon the several Towns within this Jurisdiction, that a committee be chosen to set out and appoint what shall be the proportion of every Town to pay of the said levy, provided the committee be made up of an equal number out of each Town.
14th January 1639 the 11 Orders above said are voted.
------------------------------------
The Fundamental Orders OF 1639 are often credited as being the first written Constitution in the new world. However, see also the Iroquois Constitution and the Mayflower Compact of earlier times.
------------------------------------
Prepared by Gerald Murphy (The Cleveland Free-Net - aa300) Distributed by the Cybercasting Services Division of the National Public Telecomputing Network (NPTN).
Permission is hereby granted to download, reprint, and/or otherwise redistribute this file, provided appropriate point of origin credit is given to the preparer(s) and the National Public Telecomputing Network.
THE FIRST THANKSGIVING PROCLAMATION - JUNE 20, 1676
"The Holy God having by a long and Continual Series
of his Afflictive dispensations in and by the present Warr
with the Heathen Natives of this land, written and brought
to pass bitter things against his own Covenant people in this
wilderness, yet so that we evidently discern that in the midst
of his judgements he hath remembered mercy, having remembered
his Footstool in the day of his sore displeasure against us for
our sins, with many singular Intimations of his Fatherly Compassion,
and regard; reserving many of our Towns from Desolation Threatened,
and attempted by the Enemy, and giving us especially of late with
many of our Confederates many signal Advantages against them,
without such Disadvantage to ourselves as formerly we have been
sensible of, if it be the Lord's mercy that we are not consumed,
It certainly bespeaks our positive Thankfulness, when our Enemies
are in any measure disappointed or destroyed; and fearing the
Lord should take notice under so many Intimations of his
returning mercy, we should be found an Insensible people, as
not standing before Him with Thanksgiving, as well as lading
him with our Complaints in the time of pressing Afflictions:
The Council has thought meet to appoint and set apart the 29th day of this instant June, as a day of Solemn Thanksgiving and praise to God for such his Goodness and Favour, many Particulars of which mercy might be Instanced, but we doubt not those who are sensible of God's Afflictions, have been as diligent to espy him returning to us; and that the Lord may behold us as a People offering Praise and thereby glorifying Him; the Council doth commend it to the Respective Ministers, Elders and people of this Jurisdiction; Solemnly and seriously to keep the same Beseeching that being perswaded by the mercies of God we may all, even this whole people offer up our bodies and soulds as a living and acceptable Service unto God by Jesus Christ."
------------------------------------
The First Thanksgiving Proclamation (June 20, 1676)
On June 20, 1676, the governing council of Charlestown, Massachusetts, held a meeting to determine how best to express thanks for the good fortune that had seen their community securely established. By unamimous vote they instructed Edward Rawson, the clerk, to proclaim June 29 as a day of thanksgiving, our first. That proclamation is reproduced here in the same language and spelling as the original.
------------------------------------
Prepared by Gerald Murphy (The Cleveland Free-Net - aa300) Distributed by the Cybercasting Services Division of the National Public Telecomputing Network (NPTN).
Permission is hereby granted to download, reprint, and/or otherwise redistribute this file, provided appropriate point of origin credit is given to the preparer(s) and the National Public Telecomputing Network.
[END]