78. The Generall or publique Treasure or any parte thereof shall never be exspended but by the appointment of a Generall Court, nor any Shire Treasure, but by the appointment of the freemen therof, nor any Towne Treasurie but by the freemen of that Township. Liberties of Women 79. If any man at his death shall not leave his wife a competent portion of his estaite, upon just complaint made to the Generall Court she shall be relieved. 80. Everie marryed woeman shall be free from bodilie correction or stripes by her husband, unlesse it be in his owne defenc upon her assalt. If there be any just cause of correction complaint shall be made to Authoritie assembled in some Court, fror which onely she shall receive it. Liberties of Children 81. When parents dye intestate, the Elder sonne shall have a doble portion of his whole estate reall and personall, unlesse the Generall Court upon just cause alleadged shall judge otherwise. 82. When parents dye intestate haveing noe heires males of their bodies their Daughters shall inherit as Copartners, unles the Generall Court upon just reason shall judge otherwise. 83. If any parents shall wilfullie and unreasonably deny any childe timely or convenient mariage, or shall exercise any unnaturall severitie towards them, such children shall have free libertie to complaine to Authoritie for redresse. 84. No Orphan dureing their minoritie which was not committed to tuition or service by the parents in their life time, shall afterwards be absolutely disposed of by any kindred, freind, Executor, Towneship, or Church, nor by themselves without the consent of some Court, wherein two Assistants at least shall be present. Liberties of Servants 85. If any servants shall flee from the Tiranny and crueltie of their masters to the howse of any freeman of the 1 same Towne, they shall be there protected and susteyned till due order be taken for their relife. Provided due notice thereof be speedily given to their maisters from whom they fled. And the next Assistant or Constable where the partie flying is harboured. 86. No servant shall be put of for above a yeare to any other neither in the life time of their maister nor after their death by their Executors or Administrators unlesse it be by consent of Authoritie assembled in some Court or two Assistants. 87. If any man smite out the eye or tooth of his manservant, or maid servant, or otherwise mayme or much disfigure him, unlesse it be by meere casualtie, he shall let them goe free from his service. And shall have such further recompense as the Court shall allow him. 88. Servants that have served deligentlie and faithfully to the benefitt of their maisters seaven yearse, shall not be sent away emptie. And if any have bene unfaithfull, negligent or unprofitable in their service, nothwithstanding the good usage of their maisters, they shall not be dismissed till they have made satisfaction according to the Judgement of Authoritie. Liberties of Forreiners and Strangers 89. If any people of other Nations professing the true Christian Religion shall flee to us from the Tiranny or oppression of their persecutors, or from famyne, warres, or the like necessary and compulsarie cause, They shall be entertayned and succoured amongst us, according to that power and prudence, god shall give us. 90. If any ships or other vessels, be it freind or enemy, shall suffer shipwrack upon our Coast, there shall be no violence or wrong offerred to their persons or goods. But their persons shall be harboured, and relieved, and their goods preserved in safety till Authoritie may be certified thereof, and shall take further order therein. 91. There shall never be any bond slaverie, villinage or Captivitie amongst us unles it be lawfull Captives taken in just warres, and such strangers as willingly selle themselves or are sold to us. And these shall have all the liberties and Christian usages which the law of god established in Israell concerning such persons doeth morally require. This exempts none from servitude who shall be Judged thereto by Authoritie. Off the Bruite Creature 92. No man shall exercise any Tirranny or Crueltie towards any bruite Creature which are usuallie kept for man's use. 93. If any man shall have occasion to leade or drive Cattel from place to place that is far of, so that they be weary, or hungry, or fall sick, or lambe, It shall be lawful to rest or refresh them, for competant time, in any open place that is not Corne, meadow, or inclosed for some peculiar use. 94. Capitall Laws I. If any man after legall conviction shall have or worship any other god, but the lord god, he shall be put to death.1 2. If any man or woeman be a witch, (that is hath or consulteth with a familiar spirit,) they shall be put to death.2 3. If any person shall Blaspheme the name of god, the father, Sonne or Holie Ghost, with direct, expresse, presumptuous or high handed blasphemie, or shall curse god in the like manner, he shall be put to death. 4. If any person committ any wilfull murther, which is manslaughter, committed upon premeditated malice, hatred, or Crueltie, not in a mans necessarie and just defence, nor by meere casualtie against his will, he shall be put to death.* 1 Deut. xiii. 6, 10. Deut. xvii. 2, 6. Ex. xxii. 20. 2 Ex. xxii. 18. Lev. xx. 27. Deut. xviii. 10. 8 Lev. xxiv. 15, 16. 4 Ex. xxi. 22. Numb. xxxv. 13, 14, 30, 31. 5. If any person slayeth an other suddaienly in his anger or Crueltie of passion, he shall be put to death." 6. If any person shall slay an other through guile, either by poysoning or other such divelish practice, he shall be put to death.R 7. If any man or woeman shall lye with any beaste or bruite creature by Carnall Copulation, They shall surely be put to death. And the beast shall be slaine, and buried and not eaten.' 8. If any man lyeth with mankinde as he lyeth with a woeman, both of them have committed abhomination, they both shall surely be put to death.R 9. If any person committeth Adultery with a maried or espoused wife, the Adulterer and Adulteresse shall surely be put to death." IO. If any man stealeth a man or mankinde, he shall surely be put to death.10 II. If any man rise up by false witnes, wittingly and of purpose to take away any mans life, he shall be put to death." 12. If any man shall conspire and attempt any invasion, insurrection, or publique rebellion against our commonwealth, or shall indeavour to surprize any Towne or Townes, fort or Numb. xxv. 20, 21. Lev. xxiv. 17. 8 Lev. xx. 13. 9 Lev. xx. 19, 6 Ex. xxi. 14. 7 Lev. xx. 15, 16. forts therein, or shall treacherously and perfediouslie attempt the alteration and subversion of our frame of politie or Government fundamentallie, he shall be put to death. 95. A Declaration of the Liberties the Lord Jesus hath given to the Churches I. All the people of god within this Jurisdiction who are not in a church way, and be orthodox in Judgement, and not scandalous in life, shall have full libertie to gather themselves into a Church Estaite. Provided they doe it in a Christian way, with due observation of the rules of Christ reIvealed in his word. 2. Every Church hath full libertie to exercise all the ordinances of god, according to the rules of scripture. 3. Every Church hath free libertie of Election and ordination of all their officers from time to time, provided they be able, pious and orthodox. 4. Every Church hath free libertie of Admission, Recommendation, Dismission, and Expulsion, or deposal of their officers, and members, upon due cause, with free exercise of the Discipline and Censures of Christ according to the rules of his word. 5. No Injunctions are to be put upon any Church, Church officers or member in point of Doctrine, worship or Discipline, whether for substance or cercumstance besides the Institutions of the lord. 6. Every Church of Christ hath freedome to celebrate dayes of fasting and prayer, and of thanksgiveing according to the word of god. |