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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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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 banishmēt 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. ●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 ho●●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 ● 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
or Treasury of the Towne as either the former occupiers of the Land were wont to pay towards all the publike charges thereof whether in Church or Town or at least after the rate of three shillings the acre or some such like proportion more or lesse as shall be thought fit 3 That if any free Burgesses or free Inhabitants of any Towne or the heire of any of their Lands shal remove their dwelling from one Towne to another none of them shall carry away the whole benefit of the Lands which they possessed from the Townes whence they remove But if they shall keepe the right of Inheritance in their own hands not sell it as before then they shall reserve a like proportion or Rent charge out of their Land to be paid to the publike Treasury of the Towne as hath beene wont to be paid out of it to the ●ublike charges of the Town and Church or at least after the rate of three or five shillings an Acre as before 4 That if the Inheritance of a free Burgesse or free Inhabitants of any Town fal to his daughters as it wil do for defect of heires males that then if such daughters doe not marry to some of the Inhabitants of the same Towne where their Inheritance lyeth nor sell their Inheritance to some of the same Towne as before that then they reserve a like proportion of rent charge out of their Lands to be paid to the publike Treasury of the Towne as hath beene wont to be paid out of them to the publike charge of the Towne and Church or at least after the rate of three or five shillings an Acre provided alwayes that nothing be payed to the maintenance of the Church out of the Treasury of the Church or Towne but by the free consent and direction of the free Burgesses of the Towne CHAP. V. Of Commerce 1 FIrst it shall be lawfull for the Governour with one or more of the Counsell to appoint a reasonable rate of prizes upon all such commodities as are out of the Ships to be bought and sould in the Countrey 2 In trucking or trading with the Indians no man shall give them for any commodity of theirs Silver or Gold or any weapons of war either Guns or Gunpowder nor Sword nor any other munition which might come to be used against our selves 3 To the intent that all oppression in buying and selling may be avoyded it shall be lawfull for the Iudges in every Towne with the consent of the free Burgesses to appoint certaine select men to set reasonable rates upon all comodities and proportionably to limmit the wages of workemen and labourers and the rates agreed upon by them and ratified by the Iudges to bind all the Inhabitants of the Towne The like course to be taken by the Governour and Assistants for the rating of prizes throughout the Countrey and all to be confirmed if need be by the generall Court 4 Iust waights and ballances to be kept betweene buyers and sellers Lev. 19.35.36 Pro. 11.1 and 16.11 and 20.10 Deu. 24 10 11 12 13. Exod. 22.26 27. and for default thereof the profit so wickedly and corruptly gotten with as much more added thereto is to be forfeited to the publike Treasury of the Common-wealth 5 If any borrow ought of his neighbour upon a pledge the lender shall not make choyce of what pledge he will have nor take such pledge as is of dayly necessary use unto the debtor or if he do take it he shall restore it againe the same day 6 No increase to be taken of a poore brother or neighbour Ex. 22.25 Lev. 25.36 37. for any thing lent unto him 7 If borrowed goods be lost or hurt in the owners absence the borrower is to make them good but in the owners presence wherein he seeth his goods no other wise used than with his consent the borrower shall not make them good If they were hired Ex. 22.14 15. the hire is to be paid and no more CHAP. VI. Of Trespasses 1 IF a man's Swine or any other beast or a fire kindled Ex. 22.5 6 breake out into another mans field or corne he shal make full restitution both of the dammage made by them and of the losse of time which others have had in carrying such Swine or beasts unto the owners or to the fould But if a man put his beasts or Swine into anothers field restitution is to be made of the best of his owne though it were much better than that which were destroyed or hurt 2 If a man kills another mans beast or digge and open a pit Lev. 24.18 Ex 21.34 and leave it uncovered and a beast fall into it he that killed the beast or the owner of the pit shall make restitution 3 If any man's beast kill the beast of another Exo. 21.35 the owner of the beast shall make restitution 4 If a man's Oxe or other beast Ex. 21.28 29 30 31. gore or bite and kill a man or a woman whether Child or of riper age the beast shall be killed and no benefit of the dead beast reserved to the owner but if the Oxe or beast were wont to push or bite in times past and the owner hath beene tould it and hath not kept him in then both the Oxe or beast shall be forfeited and killed and the owner also put to death or fined to pay what the Iudges and the persons dampnified shall lay on him 5 If a man deliver goods to his neighbour to keepe and they be said to be lost or stolne from him the keeper of the goods shall be put to his oath touching his own innocency which if he take no evidence appeare to the contrary he shall be quit Ex ● 2 1● 1. but if he be found false or unfaithfull he shall pay double unto his neighbour But if a man take hire for the goods committed to him and they be stolne the keeper shall make restitution But if the beast so kept for hire dye or be hurt or be driven away no man seeing it then oath shall be taken of the keeper that it was without his default and it shall be accepted but if the beast be torne in pieces and a peece be brought for witnesse it excuseth the keeper CHAP. VII Of Crimes ANd first of such as deserve capitall punishment or cutting off from a mans people whether by death or banishment 1 First Blasphemy Lev. 24 11 to 16. Idolatry Deu. 13.10 15 16. Witchcraft Ex. 22 18.20.27 Lev. 19 31. Consulters with Witches Heresie Zac. 13.3 False worship Ex. 32.27 28 Scandalous livers 1 Cor. 5.5 Revilers ●f Religion Blasphemy which is a cursing of God by Atheisme or the like to be punished with death 2 Idolatry to be punished with death 3 Witchcraft which is fellowship by covenant with a familiar Spirit to be punished with death 4 Consulters with Witches not to be tollerated but either to be cut off by death