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The Capital! Lawes of ^-Engand, as they Hand —* now in force in the ^Common-Wealth.
BY THE COVRT, iU. .:_
x^gg^v In the Years 1,541. 1642. / ^
Capitall Lawcs, Eftabliflhed within the Turifdi&ion of Majfackufits.
1. irF any man after legalJ conviction, fliall have or worfliip any oher God, but I the Lord God, he fliall be put to death. Dent. 13. <5, &c. and 17. ?.&c.
•^.Exodus 22. 20. . , •
2. T Fany man or woman be a Witch, that is, hath or confulteth with a familiar fpl-
3-TFany perfonfliall blafpheme the Name of God the Father, Sonne, or Holy
curfe God in the like manner, he fhall be put to death. Lev. 24. 15,16.
4. T F any perfon fliall commit any wilfull murther,which is manflaughtcr,commitM* ted upon premeditate malice,hatred, or cruelty, not in a mans ncceltary and juft
defence, nor by meer cafualtie, againft his will 5 he fliall be put to death. Extd, it.
12,13,14. Num. 35.30,31.
5.1F any perfon fl lyeth another fuddenly in his. anger, or cruelty of paflion, he fliall
* be put to death. 'Hum. 35.20,21. Lev. 24. 17.
U.TFany perfonfliall flay another through guile, either by poyfonings, or other
1 1 fuch divilifli pradice ;he fliall be put to death. Exod. 21.14.
7. IF a man or woman fliall lye with-anybeaft, or bruit creature, by carriail copula-*
* don, they fliall furely be put to death •, and the beaft fliall be flaine, and buried. Lev* ao. 15,
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 Covrt 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. Devi. 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 manslaughter, 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.
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 womanchilde under ten yeares old, either with, or without her consent, he shall be put to death.1
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 carnall 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 to surprize any Towne or Townes, Fort or Forts therein: or shall treacherously or perfidiously attempt the alteration and subversion of our frame of pollity, or government fundamentally he shall be put to death. Num. 16. 2 Sam: 3 & 18 & 20.2
Per exemplar Incre, Nowel, Secret.
Printed first in New-England, and re-printed in London,
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." a
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.
1 Laws 13, 14, and 15 in this reprint of 1643 are numbered 10, 11, and 12 in the Body of Liberties.
* 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