An Abstract or the Laws of New England, Chapter 1 – Chapter 2
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. 24.6and 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. 16.18whoſe 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.