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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A34660 An abstract or the lawes of New England as they are novv established Cotton, John, 1584-1652. 1641 (1641) Wing C6408; ESTC R9081 11,490 20

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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 a● 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