or by banishment 5 Heresie which is the maintenance of some wicked errors overthrowing the foundation of Christian Religion which obstinacy if it be joyned with endeavour to seduce others thereunto to be punished with death because such an Hereticke no lesse than an Idolater seeketh to thrust the soules of men from the Lord their God 6 To worship God in a molten or graven Image to be punished with death 7 Such members of the Church as doe wilfully reject to walke after due admonition and conviction the Churches establishment and their christian admonition and censures shall be cut off by banishment 8 Whosoever shall revile the Religion and Worship of God and the Government of the Church as it is now established to be cut off by banishment 9 Wilfull perjury Wilfull perjury whether before the judgement seat or in private conference to be punished with death 10 Rash perjury whether in publike or in private Rash per. jury to be punished with banishmeÌ„t just it is that such a mans name should be cut off from his people who prophans so grosly the name of God before his people 11 Profaning of the Lords day Sabbath breakers Num 15.32 in a carelesse and scornefull neglect or contempt thereof to be punished with death 12 To put in practice the betraying of the Countrey Treason or any principall fort therein to the hand of any forraigne State Spanish French Dutch or the like contrary to the alleageance we ow Vnreverend to Magistrates Num 12.1 14 15. Reviling the Magistrate Rebellion c. 1 King 22.8 9. 44. Rebellious Children Deu. 21.18 19.20 Ex. 21.15 Lev 20.9 Murther Ex. 21.12 13. Num. 35.16 17 18. to 33. Gen. 9.6 Adultery Lev. 20 10 Deu. 22.22 23. Deu 24.25 26. Incest Lev. 20.11 12 19. â—0 Sodomy Buggery Pollution c. Lev. 20.18.19 Whordome Ex. 21.16 Deu. 24.7 Man-stealing False witnesse and professe to our Dread Soveraign Lord King Charles His Heires and Successors whilst he is pleased to protect us as his loyal subjects to be punished with death 13 Vnreverend and dishonorable carriage to Magistrates to be punished with banishment for a time till they acknowledge their fault and professe reformation 14 Reviling of the Magistrates in highest rancke amongst us to wit of the Governours and Counsell to be punished with death 15 Rebellion Sedition or Insurrection by taking up armes against the present Government established in the Country to be punished with death 16 Rebellious children whether they continue in riot or drunkennesse after due correction from their parents or whether they curse or smite their Parents to be put to death 17 Murther which is a wilfull man-slaughter not in a mans necessary and just defence nor casually committed but out of hatred or cruelty to be punished with death 18 Adultery which is the defiling of the marriage bed to be punished with death Defiling of a woman espoused is a kind of Adultery and punishable by death of both parties but if a woman be forced then by the death of the man only 19 Incest which is the defiling of any neer of kin within the degrees prohibited in Leviticus to be punished with death 20 Vnnaturall filthinesse to be punished with death whether Sodomy which is carnall fellowship of man with man or woman with woman Or Buggery which is carnall fellowship of man or woman with beasts or fowles 21 Pollution of a woman known to be in her flowers to be punished with death 22 Whordome of a maiden in her fathers house kept secret till after her marriage with another to be punished with death 23 Man-stealing to be punished with death 24 False witnesse bearing to be punished with death CHAP. VIII Of other Crimes lesse hainous such as are to be punished with some Corporall punishment or Fine 1 FIrst rash and prophane swearing and cursing to be punished 1 First with losse of honour or office if he be Magistrate or Officer meet it is their name should be dishonoured who dishonour Gods name 2 With losse of freedome 3 With disability to give Testimony 4 With corporall punishment either by stripes or by branding him with a hot iron or boring through the tongue who hath bored and pierced Gods name 2 Drunkennesse as transforming Gods Image into a beast is to be punished with the punishment of beasts Pro. 26.3 A whip for the hoâ—â—e and a rod for the fooles backe 3 Forcing of a maid or a rape is not to bee punished with death by Gods Law but 1 First with Fine or penalty to the father of the maid 2 With marriage of the maide defiled Deut. 22 â— 9. if shee and her father consent 3 With corporall punishment of stripes for his wrong as a reall slander And it is worse to make a whore than to say one is a whore 4 Fornication to be punished Ex. 22.16 1 First with marriage of the maide or giving her a sufficient Dowrie 2 Secondly with stripes though fewer from the equity of the former Cause 5 Mayming or wounding of a freeman whether free Burgesse or free Inhabitant to be punished with a Fine to pay First Ex. 22.18 19. Lev. 24.19 20. for his cure Secondly for his losse And with losse of member for member or some valuable recompence But if it be but the mayming or wounding of a servant Ex. 21.26.27 the ser is to go forth free from such a service 6 If a man steale a beast if it be found in his hand Ex. 22.4 1 22 3. he shall make restitution two for one if it be kild sould restitution is to be made of five Oxen for one If the Theefe be not able to make restitution then he to be sould by the Magistrate for a slave till by his labour he may make due restitution 7 If a Theefe bee found breaking a house by night if he be slaine Ex. 22.2 3 his smiter is guiltlesse but in the day time the Theefe is to make full restitution as before or if he be not able then to be sould as before 8 Slanders are to be punished First with a publike acknowledgment as the slander was publike Secondly by mulets or Fine of Money when the slander bringeth damage Thirdly by stripes if the slander be grosse or odious against such persons whom a man ought to honour and cherish whether they be his Superiours or in some degrees of equality with himselfe and his wife CHAP. IX Of the triall of Causes whether Civill or Criminall and the execution of Sentence 1 IN the tryall of all Causes no judgement shall passe Deu. 19.10 17.6 but either upon confession of the party or upon the Testimony of two witnesses 2 Triall by judges shall not be denied where either the delinquent requireth it in causes Criminall or the Plaintife or Defendant in Civill causes partly to prevent suspition of partiality of any Magistrates in the Court. 3 The Iurours are not to be chosen by
AN ABSTRACT OR THE LAWES OF NEW ENGLAND As they are novv established LONDON Printed for F. Coules and W. Ley at Paules Chain 1641. AN ABSTRACT Of the Lavves of Nevv ENGLAND CHAP. I. Of Magistrates 1 FIrst All Magistrates are to be chosen Deut. 1.13.17.15 Ex. 18.21 First By the free Burgesses Secondly Out of the free Burgesses Thirdly Out of the ablest men and most approved amongst them Fourthly Eccl. 10.17 Ier. 30.21 Out of the ranck of Noble men or Gentlemen among them the best that God shall send into the Countrey if they be qualified with gifts fit for Government either eminent above others or not inferior to others 2 The Governor hath power with the Assistants to governe the whole Countrey according to the Laws established hereafter mentioned He hath power of himselfe and in his absence the Deputy Governor to moderate all publike actions of the Common-wealth as First To send out warrants for the calling of the generall Court Iosh 24.1 Secondly To order and ransacke all actions in the Court where he sitteth as to gather Suffrages and Voyces and to pronounce Sentences according to the greater part of them 3 The power of the Governor with the rest of the Counsellors is First Num. 11.4 to 16. To consult and provide for the maintenance of the State and People Secondly Ex. 18.22 Deu. 17.8 9. Ex. 32.25 27. To direct in all matters wherein Appeale is made to them from inferiour Courts Thirdly To preserve Religion 4 To oversee the Forts and Munition of the Countrey 2 Cor. 19.11.32 23.45 6. Ex. 17.9 Prov. 24.6 and to take order for the protection of the Countrey from forraine invasion or intestine sedition as need shall require with consent of the people to enterprise wars And because these great affaires of the State cannot be attended nor administred if they be after changed therefore the Counsellors are to be chosen for life 1 Kings 12.6 unlesse they give just cause of removall which if they do than they to be removed by the Generall Court 4 The power of the Governor Ex. 18.22 sitting with the Counsellors and Assistants is to heare and determine all causes whether Civill or Criminall Deu. 1.16.17 which are brought before him through the whole Common-wealth Yet reserving liberty of Appeale from him to the generall Court 5 Every Town is to have Iudges within themselves Deu. 16.18 whose power shall be once in the month or in three months at the furthest to heare and determine both Civill Causes and Pleas of lesse value and crimes also which are not capitall Yet reserving liberty of Appeale to the Court of Governor and Assistants 6 For the better expedition and execution of Iustice and of all affaires incident unto every Court Deu. 16.18 Ier. 36.10 12. Every Court shall have certaine Officers as a Secretary to inroll all the Acts of the Court And besides Ministers of Iustice to attach and fetch and set persons before the Magistrates and also to execute the Sentence of the Court upon offenders And for the same end it shall be lawfull for the Governor or any one or two of the Counsellors 1 Sam. 20.24.25 or Assistants or Iudges to give warrant to an Officer to fetch any delinquent before them and to examine the cause Acts 5.26 27. and if he be found culpable of that crime to take order by surety or safe custody for his apparance at the Court. And further for the same end and to prevent the offendours lying long in prison it shall be lawfull for the Governor with one of the Counsell or any two of the Assistants or Iudges to see execution done upon any offenders for any crime that is not capitall according to the Lawes established Yet still reserving a liberty of Appeale from them to the Court and from an Inferiour Court to an Higher Court CHAP. II. Of the free Burgesses and free Inhabitants 1 FIrst All the free Burgesses excepting such as were admitted men before the establishment of Churches in the Countrey shall bee received and admitted out of the members of some or others of the Churches in the Countrey such Churches as are gathered or herafter shall be gathered with the consent of other Churches already established in the Countrey and such members as are admitted by their own Church unto the Lords-Table 2 These free Burgesses shall have power to choose in their owne Townes fit and able men out of themselves to be the ordinary Iudges of in feriour Causes in their own Town and against the approach of the Generall Court to choose two or three as their Deputies and Committees to joyne with the Governour and Assistants of the whole Countrey to make up and constitute the Generall Court 3 This Generall Court shall have power First By the Warrant of the Governor or deputy Governor to assemble once every quarter or halfe a yeare or oftner aâ— the affaires of the Countrey shall require and to sit together till their affaires bee dispatched 2 To call the Governour and all the rest of the publike Magistrates and Officers into place and to call them also to accoumpt for the breach of any Laws established or other misdeameanour and to censure them as the quality of the fact may require Thirdly To make and repeale Laws Fourthly To dispose of all Laws in the Countrey and to assigne them to severall Towns or persons as shall be thought requisite Fifthly To impose a leavy of moneys for the publike service of the Common-wealth as shall be thought requisite for the provision and protection of the whole Sixthly To heare and determine all causes wherein appeale shall be made unto them or which they shall see cause to assume into their own cognisance or judicature Seventhly To assist the Governors and Counsellors in the maintenance of the purity and unity of Religion and accordingly to set forward and uphold all such good causes as shall be thought fit for that end by the advice with consent of the Churches and to represse the contrary Eighthly In this generall Court nothing shall be concluded but with Common consent of the greater part of the Governors or Assistants together with the greater part of the Deputies of the Towns unlesse it be in election of Officers where the liberty of the people is to be preferred or in judging matters of offence against the Law wherein both parties are to stand to the direction of the Law Ninthly All the housholder of every Town shal be accompted as the free Inhabitants of the Countrey and accordingly shall enjoy freedome of Commerce and Inheritance of such lands as the generall Court or the severall Townes wherein they dwell shall allot unto them after they have taken an Oath or given other security to be true and faithfull to the State and subject to the good and wholesome Laws established in the Countrey by the generall Court CHAP. III. Of the protection and provision of the
any Magistrates or Officers but by the free Burgesses of each Town as can give best light to the Causes depending in Court and who are least obnoxious to suspition of partiality And the Iurours then chosen to be nominated to the Court and to attend the service of the Court. 4 The sentence of judgement given upon Criminall causes and persons shall be executed in the presence of the Magistrates or some of them at least 5 No free-man whether free-Burgesse or free-Inhabitant to be imprisoned but either upon conviction or at least probable suspition or some crime formerly mentioned and the cause of his imprisonment be declared and tried at the next Court following at the furthest 6 Stripes are not to be inflicted but when the crimes of the offendour are accompanied with childish or brutish folly or with lewd filthinesse or with stubborne insolency or with bruitish cruelty or with idle vagrancy But whenstripes are due not above 40 are to be inflicted CHAP. X. Of causes Criminall between our People and Forraine Nations 1 IN case any of our people should do wrong to any of another Nation Mat. 7 12. upon complaint made to the Governour or some other of the Counsell or Assistants the fact is dilligently to be inquired into and being found to be true restitution is to be made of the goods of offendors as the case shall require according to the quality of the crime 2 In case the people of another Nation have done any important wrong Deuter. 20 10 11. 2 Sam. 20.18 19. to any of ours right is first to be demanded of the Governor of that people and Iustice upon the malefactors which if it bee granted and performed then no breach of peace to follow 3 If right and Iustice be denied and it will not stand with the honour of God and safety of our Nation that the wrong be passed over then war is to be undertaken and denounced 4 Some Minister is to be sent forth to go along with the Army for their instruction and incouragement Deut. 20.2 3 4. 5 Men betrothed and not married Deut. 20.5 6 7 8. 24.5 or newly married or such as have newly built or planted and not received the fruits of their Labours and such as are fainthearted men are not to be pressed or forc'd against their wils to go forth to wars 6 Captaines are to be chosen by the Officers 7 All wickednesse is to bee removed out of the Campe by severe discipline Deut. 23.9.14 8 And in war from men of a corrupt or false Religion 2 Chro. 25 7.8 is not to be accepted much lesse sought for 9 Women especially such as have not lyen by man Deu. 20.14 little children 〈…〉 and â—â—erved for spoyle 10 Fruit Trees Deut. 20.19.20 whilst they may bee of use for meat to our owne Souldiers are not to be cut down or destroyed and consequently no Corne. 11 The spoyles got by warre are to be divided into two pars Num. 31.21 between the Souldiers and the Common-wealth that sent them forth 12 A Tribute from both is to bolevved to the Lord Num. 31.18 47. and given to the Treasury of the Church a fift part out of the Common-wealth's part and a 500 part out of the Souldiers part 13 If all the Souldiers return again in peace not one lacking it is acceptable to the Lord if they offer over and above the former Tribute a voluntary oblation unto the Treasury of the Church for a memoriall of the Redemption of their lives by the especiall providence and Salvation of the Lord of Hoasts The Lord is our Iudge The Lord is our Law-giver Isay 33.22 The Lord is our King He will save us FINIS The Table of the Chapters CHAP. I. Of Magistrates Page 1 CHAP. II. Of the free Burgesses and free Inhabitants Page â— CHAP. III. Of the protection and provision of the Countrey Page â— CHAP. IV. Of the right of Inheritance Page â— CHAP. V. Of Commerce Page 8 CHAP. VI. Of Trespasses Page 9 CHAP. VII Of Crimes Page 10 CHAP. VIII Of other Crimes lesse hainous such as are to be punished with some Corporall punishment or Fine Page 12 CHAP. IX Of the triall of Causes whether Civill or Criminall and the execution of Sentence Page 13 CHAP. X. Of the Causes Criminall betweene our People and Forraine Nations Page 14 FINIS