General Laws & Liberties
1641-1648
"If any child, or children, above
sixteen years old, and of sufficient understanding, shall CURSE, or SMITE their natural
FATHER, or MOTHER; he or they shall be put to death . . ."
Part 1.
Capital Laws Ability
Actions Age Ana-Baptists Arrests Bakers Bills Bond-Slavery
Burglary & Theft
The laws enacted by our
forefathers shed considerable light upon the moral temperament of the times. While
taking care to protect an individual's right with due process, punishments were
severe.
Blasphemy, being a witch, and
adultery were among those offenses punishable by death. For burglary on the "Lord's
Day," and in addition to other punishment, it was decreed that the offender
"shal for the first offence have one of his ears cut off. And for the second offence
in the same kinde he shal loose his other ear in the same maner."
"Jesuits" were banished, and subject to death were they foolish enough to
return.
TO OUR BELOVED BRETHREN AND NEIGHBOURS the Inhabitants of the Massachusets, the Governour, Assistants and Deputies assembled in the Generall Court of that Jurisdiction with grace and peace in our Lord
Jesus Christ.
By order of the Generall Court.
INCREASE NOWEL SECR.
THE BOOK OF THE GENERAL LAUUES AND LIBERTYES CONCERNING & c.FORASMUCH as the free
fruition of such Liberties, Immunities, priviledges as humanitie, civilitie &
christianity call for as due to everie man in his place, & proportion, without
inpeachmet & infringement hath ever been, & ever will be the tranquility &
stability of Churches & Comon-wealths; & the deniall or deprivall therof the
disturbance, if not ruine of both:
It is therefore ordered by this Court, & Authority
therof, That no mans life shall be taken away; no mans honour or good name shall be
stayned; no mans person shal be arrested, restrained, bannished, dismembred nor any wayes
punished; no man shall be deprived of his wife or children; no mans goods or estate shal
be taken away from him; nor any wayes indamaged under colour of Law or countenance of
Authoritie unles it be by the vertue or equity of some espresse law of the Country
warranting the same established by a General Court & sufficiently published; or in
case of the defect of a law in any particular case by the word of God. And in capital
cases, or in cases concerning dismebring or banishmet according to that word to be judged
by the General Court [1641]
CAPITAL LAWES. [Back]
IF any man after legal conviction shall HAVE OR WORSHIP any other God, but the LORD GOD:
he shall be put to death. Exod. 22. 20. Deut. 13. 6. & 10. Deut. 17. 2. 6.
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. Levit. 20. 27. Deut. 18. 10. 11.
3 If any person within this Jurisdiction whether Christian or Pagan shall
wittingly and 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 shal utter any other kinde of Blasphemy of
the like nature & degree they shall be put to death. Levit. 24, 15. 16.
4 If any person shall commit any wilfull MURTHER, which is Man slaughter, committed upon
premeditate malice, hatred, or crueltie not in a mans necessary and just defence, nor by
meer casualty against his will, he shall be put to death. Exod. 21. 12. 13. Numb. 35. 31.
5 If any person slayeth another suddenly in his ANGER, or CRUELTY of passion, he shall be
put to death. Levit. 24. 17. Numb. 35. 20. 21.
6 If any person shall slay another through guile, either
by POYSONING, or other such develish practice, he shall be put to death. Exod. 21. 14.
7 If any 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 slain, & buried, and not
eaten. Lev. 20, 15. 16.
8 If any man LYETH WITH MAN-KINDE as he lieth with a woman, both of them have committed
abomination, they both shal surely be put to death: unles the one partie were forced (or
be under fourteen years of age in which case he shall be seveerly [*6] punished) Levit.
20. 13.
9 If any person commit ADULTERIE with a married, or espoused wife; the Adulterer &
Adulteresse shal surely be put to death. Lev. 20. 19. & 18. 20. Deu. 22. 23. 27.
10 If any man STEALETH A MAN, or Man-kinde, he shall surely be put to death. Exodus 21.
16.
11 If any man rise up by FALSE-WITNES wittingly, and of purpose to take away any mans
life: he shal be put to death. Deut. 19. 16. 18. 16.
12 If any man shall CONSPIRE, and attempt any Invasion, Insurrection, or publick Rebellion
against our Common-Wealth: or shall indeavour to surprize any Town, or Townes, Fort, or
Forts therin; or shall treacherously, & persidiously attempt the Alteration and
Subversion of our frame of Politie, or Government fundamentally he shall be put to death.
Numb. 16. 2 Sam. 3. 2 Sam. 18. 2 Sam. 20.
13 If any child, or children, above sixteen years old, and of sufficient
understanding, shall CURSE, or SMITE their natural FATHER, or MOTHER; he or they shall be
put to death: unles it can be sufficiently testified that the Parents have been very
unchristianly negligent in the eduction of such children; or so provoked them by extream,
and cruel correction; that they have been forced therunto to preserve themselves from
death or maiming. Exod. 21. 17. Lev. 20. 9. Exod. 21. 15.
14 If a man have a stubborn or REBELLIOUS SON, of sufficient years & uderstanding
(viz) sixteen years of age, which will not obey the voice of his Father, or the voice of
his Mother, and that when they have chastened him will not harken unto them: then shal his
Father & Mother being his natural parets, lay hold on him, & bring him to the
Magistrates assembled in Court & testifie unto them that their Son is stubborn &
rebellious & will not obey their voice and chastisement, but lives in sundry notorious
crimes, such a son shal be put to death. Deut. 21. 20. 21.
15 If any man shal RAVISH any maid or single womã, cõmitting carnal copulation with her
by force, against her own will; that is above the age of ten years he shal be punished
either with death, or with some other greivous punishmet according to circumstances as the
Judges, or General court shal determin. [1641]
Abilitie. [Back]
All persons of the age of twenty one years, and of right understanding & memorie
whether excõmunicate, condemned or other, shall have full power and libertie to make
their Wills & Testaments & other lawfull Alienations of their lands and
estates.[1641]
Actions. [Back]
All Actions of debt, accounts, slaunder, and Actions of the case concerning debts and
accounts shall henceforth be tryed where the Plaintiffe pleaseth; so it be in the
jurisdiction of that Court where the Plantiffe, or Defendant dwelleth: unles by consent
under both their hands it appeare they would have the case tryed in any other Court. All
other Actions shal be tryed within that jurisdiction where the cause of the Action doth
arise. [1642]
2 It is ordered by this Court & Authoritie therof, That every person impleading
another in any court of Assistants, or County court shal pay the sum of ten shillings
before his case be entred, vnles the court see cause to admit any to sue in forma
pauperis. [1642]
3 It is ordered by the Authority aforesayd, That where the debt or damage recovered shall
amount to ten pounds in every such case to pay five shillings more, and where it shall
amount to twenty pounds or upward there to pay ten shillings more then the first ten
shillings, which sayd additions shall be put to the Judgement and Execution to be levied
by the Marshall and accounted for to the Treasurer. [1647]
4 In all actions brought to any court the Plantiffe shall have liberty to
withdraw his action or to be non-suted before the Jurie have given in their
verdict; in which case he shall alwayes pay full cost and charges to the
Defendant, and may afterward renew his sute at another Court. [1641]
Age. [Back]
It is ordered by this Court & the Authoritie therof, that the age for passing away of
lands, or such kinde of hereditaments, or for giving of votes, verdicts or sentences in
any civil courts or causes, shall be twenty and one years: but in case of chusing of
Guardions, fourteen years. [1641 1647]
Ana-Baptists. [Back]
Forasmuch as experience hath plentifully & often proved that since the first arising
of the Ana-baptists about a hundred years past they have been the Incendiaries of
Common-wealths & the Infectors of persons in main matters of Religiõ, & the
Troublers of Churches in most places where they have been, & that they who have held
the baptizing of Infants ulawful, have usually held other errors or heresies together
therwith (though as hereticks use to doe they have concealed the same untill they espied a
fit advantage and opportunity to vent them by way of question or scruple)
and wheras divers of this kinde have since our cõming
into New-England appeared amongst ourselvs, some wherof as others before them have denied
the Ordinance of Magistracy, and the law fulnes of making warre, others the lawfulness of
Magistrates, and their Inspection into any breach of the first Table: which opinions if
coñived at by us are like to be increased among us & so necessarily bring guilt upõ
us, infection, & trouble to the Churches & hazzard to the whole Common-wealth:
It is therfore orderd by this Court & Authoritie therof, that if any person or persons
within this Jurisdiction shall either openly condemn or oppose the baptizing of Infants,
or goe about secretely to seduce others from the approbation or use therof, or shal
purposely depart the Congregation at the administration of that Ordinance; or shal deny
the Ordinance of Magistry, or their lawfull right or authoritie to make war, or to punish
the outward breaches of the first Table, and shall appear to the Court wilfully and
obstinately to continue therin, after due meanes of conviction, everie such person or
persons shall be sentenced to Banishment. [1644]
Arrests. [Back]
It is ordered and decreed by this Court & Authoritie therof, That no mans person shall
be arrested or imprisoned for any debt or fine if the law can finde any competent meanes
of satisfaction otherwise from his estate. And if not his person may be arrested and
imprisoned, where he shall be kept at his own charge, not the Plaintiffs, till
satisfaction be made; unles the Court that had cognisance of the cause or some superiour
Court shall otherwise determine: provided neverthelesse that no mans person shall be kept
in prison for debt but when there appears some estate which he will not produce, to which
end any Court or Commissioners authorized by the General Court may administer an oath to
the partie or any others suspected to be privie in concealing his estate, but shall
satisfie by service if the Creditor require it but shall not be solde to any but of the
English nation. [1641: 1647]
Bakers. [Back]
It is ordered by this Court and Authoritie therof, that henceforth every Baker shall have
a distinct mark for his bread, & keep the true assizes as heerafter is expressed viz.
When wheat is ordinarily sold and these severall rates heerafter mentioned the peñi white
loaf by averdupois weight shall weigh when wheat is by the bushell at 3 ss. od. The white
11 ouces 1 gr wheaten 17 ouc. 1 gr. Houshould 23 ouc. o. at 3 6 10 1 15 . . .
and so proportionably: under the penaltie of forfeiting all such bread as shall not be of
the severall assizes as is aforementioned to the use of the poor of the towne where the
offence is committed, and otherwise as is heerafter expressed: and for the better
execution of this present Order; there shall be in everie market towne, and all other
townes needfull, one or two able persons annually chosen by each towne, who shall be sworn
at the next county Court. or by the next Magistrate, unto the faithfull discharge of his
or their office; who are heerby authorized to enter into all houses, either with a
Constable or without where they shall suspect or be informed of any bread baked for sale:
& also to weigh the said bread as oft as they see cause: and to seize all such as they
finde defective.
As also to weigh all butter made up for sale; and bringing unto, or being in the towne or
market to be solde by weight: which if found light after notice once given shall be
forfeited in like manner. The like penaltie shall be for not marking all bread made for
sale. and the sayd officer shall have one third part of all forfeitures for his paines;
the rest to the poor as aforesayd. [1646]
Bills. [Back]
It is ordered by the Authority of this Court that any debt, or debts due upon bill, or
other specialtie assigned to another; shall be as good a debt & estate to the Assignee
as it was to the Assigner at the time of it’s assignation. And that it shall be
lawfull for the sayd Assignee to sue for and recover the said debt, due upon bill, and so
assigned, as fully as the originall creditor might have done, provided the said
assignement be made upon the backside of the bill or specialtie. [1647]
Bond-slavery. [Back]
It is ordered by this Court and authoritie therof, that there shall never be any
bond-slavery, villenage or captivitie amongst us; unlesse it be lawfull
captives, taken in just warrs, and such strangers as willingly sell themselves, or are
solde to us: and such shall have the libertyes and christian usages which the law of God
established in Israell concerning such persons doth morally require, provided, this
exempts none from servitude who shall be judged thereto by Authoritie. [1641]
Burglarie and Theft. [Back]
Forasmuch as many persons of late years have been, and are apt to be injurious to the
goods and lives of others, notwithstanding all care and meanes to prevent and punish the
same; - - - It is therefore ordered by this Court and Authoritie therof that if any person
shall commit Burglarie by breaking up any dwelling house, or shall rob any person in the
field, or high wayes; such a person so offending shall for the first offence be branded on
the forehead with the letter (B) If he shall offend in the same kinde the second time, he
shall be branded as before and also be severally whipped: and if he shall fall into the
like offence the third time he
shall be put to death, as being incorrigible. And if any person shal commit such
Burglarie, or rob in the fields or house on the Lords day besides the
former punishments, he shal for the first offence have one of his ears cut off. And for
the second offence in the same kinde he shal loose his other ear in the same maner. And if
he fall into the same offence a third time he shal be put to death if it appear to the
Court he did it presumptously. [1642 1647]
2 For the prevention of Pilfring and Theft, it is ordered by this Court and
Authoritie therof; that if any person shal be taken or known to rob any orchard or garden,
that shall hurt, or steal away any grafts or fruit trees, fruits, linnen, woollen, or any
other goods left out in orchards, gardens, backsides, or any other place in house or
fields: or shall steal any wood or other goods from the water-side, from mens doors, or
yards; he shall forfeit treble damage to the owners therof. And if they be children, or
servants that shall trespasse heerin, if their parents or masters will not pay the
penaltie before expressed, they shal be openly whipped.
And forasmuch as many times it so falls out that small
thefts and other offences of a criminall nature, are committed both by English &
Indian, in townes remote from any prison, or other fit place to which such malefactors may
be committed till the next Court, it is therfore heerby ordered; that any Magistrate upon
complaint made to him may hear, and upon due proof determin any small offences of the
aforesayed nature, according to the laws heer established, and give warrant to the
Constable of that town where the offender lives to levie the same: provided the damage or
fine exceed not fourty shillings: provided also it shall be lawfull for either partie to
appeal to the next Court to be holden in that Jurisdiction, giving sufficient caution to
prosecute the same to effect at the said Court.
And everie Magistrate shall make return yearly to the
Court of Jurisdiction, wherin he liveth of what cases he hath so ended. And also the
Constables of all such fines as they have received. And where the offender hath nothing to
satisfie such Magistrate may punish by stocks, or whipping as the cause shall deserve, not
exceeding ten stripes. It is also ordered that all servants & workmen imbeazling the
goods of their masters, or such as set them on work that make restitution and be lyable to
all lawes & penalties as other men. [1646]
The Book of the General Lawes and Libertyes Concerning the Inhabitants of the
Massachusets (1648; facsimile edition, Cambridge: Harvard University Press, 1929).
