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214 The Capitall Lawes of New - England, as they stand –+
now in force in the Common-Wealth.
In the Years 1,641. 1642. .
the Lord God, he shall be put to death. Deut. 13. 6, &c, and 17. 2. &c.
Exodus 22. 20. ...
Irit, they shall be put to death. Exod. 22. 18. Lev. 20. 27. Deut. 18.10, 11.
1 Ghost, with direct,expreffe,presumptuous, or high-handed blafphemy, or shall
be put to death. Num. 35.20,21. Lev. 24. 17.
cion, they shall surely be put to death ; and the beast Thall be daine, and buried.
Printed first in New - England, and re-printed in London
for Ben. Allen in Popes - bead Allen. 16 4 3. Engraved for The Golenial Society of Massachusetts from an original in the British Museum
A transcript of Thomason Tracts 669. f. 6. (99.), in the British Museum, is submitted for comparison. The Capitall Lawes of New-England, as they stand now in force in the Common-Wealth.
By the Court
In the Years 1641. 1642. Capitall Lawes, Established within the Jurisdiction of Massachusets.
1 If any man after legall conviction, shall have or worship any other
God, but the Lord God, he shall be put to death. Deut. 13. 6, &c and 17. 2 &c. Exodus 22. 20.
2 If any man or woman be a Witch, that is, hath or consulteth with
a familiar spirit, they shall be put to death. Exod. 22. 18. Lev.
20. 27. Deut 18. 10, 11. 3 If any person shall blaspheme the Name of God the Father, Sonne,
or Holy Ghost, with direct, expresse, presumptuous, or high-handed blasphemy, or shall curse God in the like manner, he shall be put
to death. Lev. 24. 15, 16. 4 If any person shall commit any wilfull murther, which is man
slaughter, committed upon premeditate malice, hatred, or cruelty, not in a mans necessary and just defence, nor by meer casualtie, against his will; he shall be put to death. Exod. 21. 12, 13, 14.
Num. 35, 30, 31. 5 If any person slayeth another suddenly in his anger, or cruelty of
passion, he shall be put to death. Num 35. 20, 21. Lev. 24. 17. 6 If any person shall slay another through guile, either by poysonings,
or other such divilish practice; he shall be put to death. Exod. 21. 14.
7 If a man or woman shall lye with any beast, or bruit creature, by
carnall copulation, they shall surely be put to death; and the beast
shall be slaine, and buried. Lev 20. 15, 16. 8 If a man lyeth with mankinde, as he lyeth with a woman, both of
them have committed abomination, they both shall surely be put
to death. Lev 20. 13. 9 If any person committeth adultery with a married, or espoused wife,
the Adulterer, and the Adulteresse, shall surely be put to death. Lev 20. 10 and 18. 20. Deut 22. 23, 24.
10 If any man shall unlawfully have carnall copulation with any woman
childe under ten yeares old, either with, or without her consent, he
shall be put to death." 11 If any man shall forcibly, and without consent, ravish any maid or
woman that is lawfully contracted or married, he shall be put to
death. Deut. 22. 25 &c. 12 If any man shall ravish any maid or single woman (committing car
nall copulation with her by force, against her will) that is above the age of ten yeares; he shall be either punished with death, or with some other grievous punishment, according to circumstances, at the discretion of the Judges: and this Law to continue till the Court
take further order. 13 If any man stealeth a man, or man-kinde, he shall surely be put to
death. Exod 21. 16. 14 If any man rise up by false witnesse wittingly, and of purpose to
take away any mans life, he shall be put to death. Deut. 19. 16,
18, 19. 15 If any man shall conspire, or attempt any invasion, insurrection,
or publick rebellion against our Common-wealth, or shall indeavour
Per exemplar Incre, Nowel, Secret.
for Ben. Allen in Popes-head Allen 1643. On behalf of Mr. CLARENCE S. BRIGHAM a copy was exhibited of “Some Observations upon the French Tongue. ... Boston in New England : Printed by B. Green, 1724.”3
1 Laws 10, 11, and 12 are not in the Body of Liberties, but were added June 14, 1642: see p. 116 note 2, above.
2 Laws 13, 14, and 15 in this reprint of 1643 are numbered 10, 11, and 12 in the Body of Liberties.
3 The tract consists of twenty-four pages: Title, 1 leaf; Dedication, pp. i-ii; Observations, pp. 1–20. A search through the accessible Boston newspaper of 1724 has failed to yield an allusion to the pamphlet. On the title-page is written