Ill News from New England, Part
Certain Lawes eſtabliſhed in the Colony of the Mathatuſets in New-England, and drawn forth (by conſtraint) to prove that the Authority there establiſhed cannot permit men, though of never ſo civill, ſober, and peaceable a Spirit and Life, freely to enjoy their underſtandings and conſciences, nor yet to live, or come among them, unleſſe they can doe as they doe, and ſay as they ſay, or elſe ſay nothing, and ſo may a man live at Rome alſo.
IT is ordered by this Court, and the Authority thereof, That no mans life ſhall be taken away; no mans honour or good name ſhall be ſtayned; no mans perſon ſhall be arreſted, reſtrained, baniſhed, diſmembred nor any wayes puniſhed; no man ſhall be deprived of his wife or children, no mans goods or eſtates ſhall be taken away from him; nor any wayes indamaged under colour of Law or countenance of Authoritie, unleſſe it be by vertue, or equity of ſome expreſſe Law of the Country warranting the ſame, eſtabliſhed by a General Court and ſufficiently publiſhed; or in caſe of the defect of a Law in any particular caſe, by the word of God. And in capitall caſes, or in caſes concerning diſmembring, or baniſhment, according to that word to be judged by the General Court. ſee p. 1.
For the ſuppreſſing of Anabaptiſts.
It is ordered by this Court and Authority thereof, that if any perſon or perſons within this Iuriſdiction ſhall either openly condemn or oppoſe the baptizing of Infants, or goe about-ſecretly to ſeduce others from the approbation or uſe thereof, or ſhall purpoſely depart the Congregation at the adminiſtration of that Ordinance; or ſhall deny the Ordinance of Magiſtracy, or their lawfull right or authority to make war, or puniſh the outward breaches of the firſt Table, and ſhall appear to the Court wilfully and obſtinately to continue therein, after due means of conviction, every ſuch perſon or perſons ſhall be ſentenced to Baniſhment. ſee pag. 2.
Againſt Blasphemy, being a capitall tranſgreſsion.
It is ordered, that if any perſon within this Iuriſdiction, whether Chriſtian or Pagan, ſhall wittingly an willingly preſume to BLASPHEME the holy Name of God, Father, Son, or Holy-Ghoſt, with direct, expreſſe, preſumptuous, or high-handed blaſphemy, either by wilfull or obſtinate denying the true God, or his Creation, or Government of the world: or ſhall curſe God in like manner, or reproach the holy Religion of God, as if it were but a politick device to keep ignorant men in awe; or ſhall utter any other kind of Blaſphemy of the like nature and degree, they ſhall be put to death. Lev. 24▪ 15, 16. See p. 5.
To raiſe money for Publick charges in Church and Commonwealth.
It is ordered by this Court, and the Authority thereof, that every Inhabitant ſhal henceforth contribute to all charges both in Church & Cōmonwealth whereof he doth or may receive benefit: and every ſuch Inhabitant who ſhal not voluntarily contribute proportionably to his ability with the Freemen of the ſame Town to all cōmon charges, both Civil and Eccleſiaſtical, ſhall be compelled thereto by aſſeſſment and diſtreſs to be levyed by the Conſtable or other Officer of the Town as in other caſes: and that the lands and eſtates of all men (wherever they dwell) ſhall be rated for all Town charges both Civil and Eccleſiaſtial as aforeſaid, where the lands and eſtates ſhall lye: their perſons where they dwell. See p. 9.
Lawes Eccleſiaſticall.
1 All the people of God within this Juriſdiction, who are not in a Church way, and be orthodox in judgement, and not ſcandalous in life, ſhall have full liberty to gather themſelves into a Church eſtate, provided they doe it in a Chriſtian way, with due obſervation to the rules of Chriſt revealed in his word. Provided alſo that the General Court doth not, nor will hereafter approve of any ſuch companies of men as ſhall joyn in any pretended way of Church fellowſhip, unleſs they ſhall acquaint the Magiſtrates and the Elders of the neighbour Churches where they intend to joyn, and have their approbation therein.
2 And it is further ordered, that no perſon being a member of any Church which ſhall be gathered without the approbation of the Magiſtrates and the ſaid Churches, ſhall be admitted to the Freedom of this Common-wealth.
3 Every Church hath alſo free liberty to excerciſe all the Ordinances of God according to the rules of the Scripture.
4 Every Church hath free liberty of election and ordination of all her Officers from time to time. Provided they be able, pious and orthodox. Now the queſtion is who ſhall judge of theſe words of reſtraint, Chriſtian way, rules of the Scripture, word of God, able and orthodox.
13 That if any Chriſtian (ſo called) within this Iuriſdiction ſhall contemptuouſly behave himſelf toward the Word preached, or the Meſſengers thereof called to diſpenſe the ſame in any Congregation; when he doth faithfully execute his Service & Office therein, according to the will and word of God either by interrupting him in his preaching, or by charging him falſely with any errour which he hath not taught in the open face of the Church: or like a ſon of Korah caſt upon his true doctrine or himſelf any reproach to the diſhonour of the Lord Ieſus who hath ſent him, and to the diſparagement of that his holy Ordinance, and making Gods wayes contemptible and ridiculous: that every ſuch perſon or perſons (whatſoever cenſure the Church may paſſe) ſhall for the firſt ſcandal be convented and reproved openly by the Magiſtrate at ſome Lecture, and bound to their good behaviour. And if a ſecond time they break forth into the like contemptuous carriages, they ſhall either pay five pounds to the publick Treaſurie; or ſtand two hours openly upon a block or ſtool, four foot high, on a lecture day, with a Paper fixed on his breſt, written in Capitall letters [AN OPEN AND OBSTINATE CONTEMNER OF GODS HOLY ORDINANCES] that others may fear and be aſhamed of breaking out into the like wickedneſs.
14 It is ordered and decreed by this Court and Authority thereof, That whereſoever the miniſtry of the word is eſtabliſhed according to the order of the Goſpell throughout this Iurisdiction, every perſon ſhall duely reſort and attend thereunto reſpectively upon the Lords dayes, and upon ſuch publick Faſt-days, and dayes of Thankſgiving as are to be generally kept by the appointment of Authority: and if any perſon within this Iuriſdiction ſhall without juſt and neceſſary cauſe withdraw himſelf from hearing the publick miniſtry of the word, after due means of conviction uſed, he ſhall forfeit for his abſence from every ſuch publick meeting 5 ſhillings. All ſuch offences to be heard and determined by any one Magiſtrate or more from time to time.
15 It is ordered by this Court, That the civil Authoritie here eſtabliſhed hath power and liberty to ſee the peace, ordinances and rules of Chriſt to be obſerved in every Church according to his word. As alſo to deal with any church-member in a way of civil juſtice notwithſtanding any church relation, office, or intereſt; ſo it be done in a civil and not in an eccleſiaſtical way. Nor ſhall any church cenſure degrade or depoſe any man from any civil dignity, office or authority he ſhall have in the Common-wealth.
It is ordered, that from henceforth all lands, cattle, and other eſtates of any kind whatſoever, ſhall be lyable to be rated to all common charges whatſoever, either for the Church, Town or Cō mon-wealth in the ſame place where the eſtate is from time to time. ſee pag. 18, 19, 20.
Hereſie.
Although no humane power be Lord over the Faith and Conſciences of Men, and therefore may not conſtrain them to beleeve or profeſs againſt their Conſciences: yet becauſe ſuch as bring in damnable hereſies, tending to the ſubverſion of the Chriſtian Faith, and deſtruction of the ſoules of men, ought duly to be reſtrained from ſuch notorious impiety, It is therefore ordered and decreed by this Court;
That if any Chriſtian within this Iuriſdiction ſhall go about to ſubvert and deſtroy the chriſtian Faith and Religion, by broaching or maintaining any damnable hereſie; as denying the immortality of the Soul, or the reſurrection of the body, or any ſin to be repented of in the Regenerate, or any evil done by the outward man to be accounted ſin: or denying that Chriſt gave himſelf a Ranſom for our ſins, or ſhall affirm that we are not juſtified by his Death and Righteouſneſſe, but by the perfection of our own works; or ſhall deny the morality of the fourth comandement, or ſhall indeavour to ſeduce others to any the hereſies aforementioned, every ſuch perſon continuing obſtinate therein; after due means of conviction, ſhall be ſentenced to Baniſhment. ſee pag. 24.
Diſturbing of Churches.
It is ordered and decreed by this Court, and the Authority thereof, That if any perſon, whether in Church-fellowſhip or not, ſhall goe about to deſtroy or diſturb the orders & peace of the Churches eſtabliſhed in this Iuriſdiction, by open renouncing their Church, Eſtate, or their Miniſtry, or other ordinances diſpenced in them, either upon pretence that the Churches were not planted by any new Apoſtles, or that ordinances are for carnall Chriſtians, or babes in Chriſt, and not for ſpirituall, or illuminated perſons, or upon any other ſuch like grounded conceit, every ſuch perſon, who ſhal be found culpable herein, after due means of conviction, ſhall forfeit to the publick Treaſury forty ſhillings for every monethmonth, ſo long as he continues in that his obſtinacy.
Torture.
That no man ſhall be beaten with above forty ſtripes for one Fact at one time. Nor ſhall any man be puniſhed with whipping, except he have not otherwiſe to anſwer the Law, unleſſe his crime be very ſhamefull, & his courſe of life vitious & profligate. ſee p. 50.