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They replied, if the offences were contained in the Petition, they then must needs be such as concerned Government; and that the Parliament, now sitting in England, were competent Judges, and could best discern such errors; and therefore they did appeal to that High Court, and did tender sufficient Securitie therefore. For which two of them were presently committed, and forced thereby to give Bond to stand to the Order of that Court therein. And the Cause afterwards came to Hearing, notwithstanding they did appeal to the high Court of Parliament, and would have given Security; they were Fined, as appears by this their censure. And since, two of them, Dr.

Child and another, had their Trunks and Studies broke up, and their Papers taken away, and imprisoned close prisoners, and are in danger of their lives by reason of that Capital Law here recited.

BY THE COURT:
In the Yeares, 1641. 1642.

Capital Lawes, established within the Jurisdiction of
MASSACHUSETTS.

F 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.
Exod. 22. 20.

2. TF 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. TF any person shall blaspheme the Name of God the Fa

ther, Son, 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. TF 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

meer casualty 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.

I

F any person shall slay another through guile, either by poysonings, or other such devilish practice, he shall be put to death. Exod. 21. 14.

7. IF a man or woman shall lie with any beast or bruit creature, by carnall copulation, they shall surely be put to death, and the beast shall be slain and buried. Lev. 20. 15, 16.

8.

F a man lieth with mankinde, as he lieth with a woman, both of them have committed abomination, they both shall surely be put to death. Lev. 20. 13.

JF any person committeth adultery with a married or espoused wife, the Adulterer and Adulteresse shall surely be put to death. Lev. 20. 10. & 18. 20. Deut. 22. 23, 24.

10. JF any man shall unlawfully have carnall copulation with

any woman child under ten years old, either with or without her consent, he shall be put to death.

1.JF any man shall forcibly and without consent ravish any

maid, or woman that is lawfully married or contracted, he shall be put to death. Deut. 22. 25, &c.

12. JF 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 years; he shall be either punished with death, or with some other grievous punishment, according to circumstances, at the discretion of the Jvdges and this Law to continue till the Court take further order. 13. JF any man stealeth a man, or man-kinde, he shall surely be put to death. Exod. 21. 16.

1.JF 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. JF any man shall conspire or attempt any invasion, insurrection, or publike rebellion against our Common-wealth, or shall endeavour to surprise any Town or Towns, Fort or Forts therein; or shall treacherously or perfidiously attempt the alteration and subversion of our frame of Polity or Government fundamentally, he shall be put to death. Num. 16. 2 Sam. 3. & 18. & 20. Per exemplar. Incre. Nowel, Secret.

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THE OATH OF A FREE-MAN.

(A. B.) being by Gods providence, an Inhabitant, and Freeman, within the Jurisdiction of this Commonwealth; do freely acknowledge my self to be subject to the Government thereof: And therefore do here swear by the great and dreadful Name of the Ever-living God, that I will be true and faithfull to the same, and will accordingly yield assistance & support thereunto, with my person and estate, as in equity I am bound; and will also truly endeavour to maintain and preserve all the liberties and priviledges thereof, submitting my self to the wholesome Lawes & Orders made and established by the same. further, that I will not plot or practice any evill against it, or consent to any that shall so do; but will timely discover and reveal the same to lawfull Authority now here established, for the speedy preventing thereof.

And

Moreover, I doe solemnly bind my self in the sight of God, that when I shal be called to give my voyce touching any such matter of this State, in which Freemen are to deal, I will give my vote and suffrage as I shall judge in mine own conscience may best conduce and tend to the publike weal of the body, without respect of persons, or favour of any man. So help me God in the Lord Jesus Christ.

Concerning the throwing the Petition over-board as a Jonas, it was as followeth.

WHen the first ship that came this Year 1646. from NewEngland, was almost ready to come from thence; Mr. Cotton, in his Thursday-Lecture at Boston, preached out of that Scripture, Cant. 2. 15. Take us the little Foxes, &c. In his Uses took occasion to say, That if any shall carry any Writings, Complaints against the people of GOD in that Country, it would be as Jonas in the ship, with many words to perswade from such Complaints in England, saying that they

should

should seek for remedy of those things that were amisse, in that place, & tell it not in Gath, nor publish it in Askelon. He also advised the Ship-Master, that if storms did arise, to search if they had not in any chest or Trunk any such Jonas aboard, which if you find (said he) I do not advise you to throw the Persons over-board, but the Writings; or words to that effect.

Whereupon, having great storms (as could not In the winterbe otherwise expected) some of the Passengers season all pasremembring Mr. Cottons Sermon, it seems were sages from N. England are much affected with what he had said; and a wo- tempestuous. man amongst them came up from between the Decks about midnight, or after, in a distracted passionate manner, to Mr. William Vassall who lay in the great Cabin, but for the present was in the Sterage-door-way looking abroad: she earnestly desired him, if there were any Jonas in the ship, that as Mr. Cotton had directed, it might be thrown over-board, with many broken expressions to that purpose. He asked her why she came to him? and she said, because it was thought that he had some Writings against the people of God: but he answered her, He had nothing but a Petition to the Parliament that they might enjoy the liberty of English subjects, and that could be no Jonas; and that if the best of New-Englands friends could shew him any evil in that, he would not prefer it. After this she went into the great Cabin to Mr. Tho. Fowle in like distracted manner; who told her he had nothing but the Copy of the Petition which himself and others had presented to the Court at Boston; and shewed, and read it to her, and then told her, That if she and others thought that to be the Cause of the storm, she and they might do what they would with it; but he professed that he saw no evil in it, neither was his Conscience troubled with it. So she took it and carried it between Decks to them from whom she came, and they agreed to throw it over-board, and it was thrown over-board: but the storm did not leave us upon the throwing of this Paper overboard, as it is reported; for they had many great storms after that; much lesse was the great and wonderfull deliverance which by Gods mercy he gave unto them from shipwrack and drowning at the Isles of Silly, upon the throwing of that Writing over-board; for that was thrown over long before, at least 14 dayes. Also the error is the more in this, That the report is that it was the petition to the Parliament that was thrown overboard; and it was only a Copy of a Petition to their own

Court

Court at Boston, and the Petition to the Parliament was still in the ship, together with another Copy of that which was thrown over-board, and other Writings of that nature, some of which are printed in this book, and were as well saved as their lives and other goods, and are here in London to be seen and made use of in convenient time.

THere

POST-SCRIPT.

Here is a book lately set forth by Mr. Edward Winslow of New England, against Samuel Gorton, intituled [Hypocrisie unmasked] in which there is a deep and subtle Plot against the Lawes of England, and Liberties of English Subjects, and the Gentlemen that are now suffering in New-England. This man being a principall opposer of the Lawes of Enggland, in New-England; One who is usually in place of Government in New-Plimouth there. Now in N. England there are many several Governments distinct and independent one from and on the other, and none of them have, ever since they came into that Country, governed by the Lawes of England, but by an Arbitrary government of their own, nor indeed can they endure the Laws of Eng. This New Plimouth, where M. Winslow is a Magistrate, was the first Plantation in New-England; and as the rest that came after them thither, followed them in their Church-ways, so they follow them in their Arbitrary government. And now he is come over hither, being sent as an Agent for the rest, that he may get strength from the Parliament here, to maintain what they have begun, & made so great a progresse in. They have made a Law, that it shall be death for any there to attempt the alteration and subversion of their Frame of Polity or Government, as it is apparent by those Lawes in Print set forth by themselves, the Copy whereof is in pag. 15. of this Book set forth; and also proceeded to the Fining and Imprisoning of some well-affected English, whom they fear will complain of this their Arbitrary government, that so none may dare to seek for a remedy from the Parliament. We have cause heartily to pray, That (as Mr. Baily sets forth in his book of Disswasive from the Errors of the times) as from New-England came Independencie of Churches hither, which hath spread over all parts here; that

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