An Abstract or the Laws of New England, Chapter 7 – Chapter 10
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, 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, 15.32in 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, 3his 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 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. 20.14little children … and …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 …
CHAP. III. Of the protection and proviſion of the Countrey. Page …
CHAP. IV. Of the right of Inheritance. Page …
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.
End of the text · John Cotton, An Abstract or the Laws of New England (1641)