Colonial Origins of the American Constitution. Группа авторов

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      2. If any pson wthin ye Province professing ye true God shall wittingly and willingly presume to blaspheme the wholly name of God, Father, Son or Holy Ghost, wth direct, express, presumptions or high-handed blasphemy, either by willful or obstinate denying ye true God or his creation or Governmt of ye world, or shall curse God, Father, Son, or Holy Ghost, such pson shall be put to death. Levit. 24: 15 and 16.

      Treason.

      3. Treason against ye pson of our Souereigne, ye King, the State, and Comon Wealth of England, shall be punished wth death.

      Publique Rebellion.

      4. If any man conspire and attempt any Invasion or insurrection or Publique Rebellion against this his Majesties Province, or shall endeavor to surprise any towne or townes, fort or forts therein, or shall treacherously or perfidiously attempt the alteration and subversion of the fundamental frame of ye Government, according to his Majesties constitution by his Letters Pattents, every such pson shall be put to death, or otherwise greveously punished.

      5. If any pson shall comitt wilfull murther by killing any man, woe; or child, upon premeditated malice, hatred or cruelty, not in a way of necessary and just defence, nor by casualty against his will, he shall be put to death.

      6. If any pson slayeth another pson sudenly, in his anger and cruelty of passion, he shall be put to death.

      7. If any pson shall slay another through guile, either by pysoning or other such devilish practice, he shall be put to death.

      Witchcraft.

      8. If any Christian, soe called, be a witch, yt is, hath or consulted wth a familiar spirit, he or they shall be put to death.

      Beastiality.

      9. If any man lie wth a beast or bruite creature by carnall copulation, they shall surely be put to death, and ye beast shall be slaine and buried, and not eaten.

      Buggery.

      10. If any man lieth with mankind as he lieth wth a woman, both of them hath committed abomination; they shall be surely put to death, unless the one pty were forced or be vnder 14 years of age; and all other sodomitical filthiness shall be sevearly punished according to the nature of it.

      False Witness.

      11. And if any pson rise up by false witness, and of purpose to take away a man’s life, he shall be put to death.

      Man Stealing.

      12. If any man stealeth mankind, he shall be put to death or otherwise grieviously punished.

      Cursing Parents.

      13. If any child or children above 16 years old, of competent understanding, shall curse or smite their natural father or mother, he or they shall be put to death, unless it can be sufficiently testified that the parents have been very unchristianly negligent of ye education of such children, or soe provoked them by extreme cruell correction yt they have been forced thereunto to preserve themselves from death or maiming.

      A Rebellious Son.

      14. If any man have a rebellious or stubborne son of sufficient years and vnderstanding, viz. 16 years of age or upwards, wch shall not obey ye voyce of his father or ye voyce of his mother, yt when they have chastened him will not hearken vnto them, then shall his father and mother, being his naturall parents, bring him before the Majestrates assembled in court, and testifie vnto them that theire son is rebelleous and stubborne, and will not obey theire voyce and chastizemt but lives in sundry notorious crimes, such son shall be put to death, or otherwise severely punished.

      Raped.

      15. If any man shall ravish a maid or woeman by committing carnal copulation wth her, that is above 10 years of age, or if she were vndr 10 years of age, though her will was gained by him, he shall be punished wth death, or some other greivous punishmt as the fact may be circumstanced.

      Wilful Burning.

      16. Whosoever shall wilfully or on purpose burn any house, ship, or barque, or any other vessell of considerable value, such pson shall be put to death, or otherwise greviously punished, as ye case may be circumstanced.

      CRIMINALL LAWS.

      1. It is ordered by the Assembly and the authority thereof that wt pson soever is to answer any criminal ofence, whether they be in prison or under baile, his case shall be heard and determined at the court yt hath cognizance therof.

      Adultery.

      2. It is Inacted by this Assembly that whosoever shal comitt Adultery wth a married woe: or one betrothed to another man, both of them shall be sevearly punished by whiping two severall times, not exceeding 40 lashes, vizt., once when ye Court is sitting at wch they were convicted of the fact, and ye 2d time as the court shall order, and likewise shall ware 2 cappitall letter A.D. cut out in cloth and sowed on theire upermost garmts on theire arms or back, and if at any time they shall be found wthout the said letters so woren whilst in this Governmt, to be forthwth taken and publiquely whiped, and so from time to time as often they are found not to weare them.

      Fornication.

      3. It is ordered by this Assembly and the authority thereof that if any man comit Fornication with any single woe: they shall be punished, either by injoyning marriage, or fine or corporall punishmt, or all or any of these, as ye judges of ye court yt hath cognizance of ye case shall appoint, and if any comitt carnall copulation after contract before marriage, they shall be amerced each of them 50s. and be imprisoned, if the court see reason; and if any cannot and will not pay ye fine, then to be punished by whiping. And for ye more discountenancing this prevailing evill, the Assembly hath further determined yt such as transgress in any of these wayes, shall be convicted in publique court, theire fines shall be paid in money.

      Burglary.

      4. For as much as many psons of late years have been and are apt to be injurious to the Lives and Goods of others, notwithstanding all Laws and means to prevent the same, it is therefore ordered by this Assembly and ye authority thereof yt if any pson shall comitt Burglary by breaking vp any dwelling house or ware house, or shall foreceably robb any pson in ye field or high wayes, such offenders shall for the first offence be branded on the right hand wth ye letter B; and if he shall offend in the like kind a 2d time he shall be branded on the other and be sevearly whiped, and if either were comitted on ye Lord’s day his brand shall be sett on his forehad, and if he shall fall into the like offence the 3rd time he shall be put to death as being incoragable, or otherwise greviously punished, as ye court shall determine.

      Fellony.

      5. And whosoever shall steale or attempt to steale any ship, barque or vessell of burden, or any publique amunition, shall be sevearly punished according to the nature of such a fact, provided it extends not to Life or Limb.

      6. That if any strangers or inhabitants of this Province shall be legally convicted of stealing or purloyning any horses, chattels, money, or other goods of any kind, he shall be punished by restoring 3 fold to the ptie wronged, and a fine or corporall punishmt, as the court or 3 of the councell shall determine. Provided that such sentance, where not given by ye court, it shall be at the liberty of ye delinquent to appeale to ye next court, putting in due caution there to appeare and abide a Tryall.

      Council’s Power in Criminals.

      7. That any one of ye СКАЧАТЬ