Colonial Origins of the American Constitution. Группа авторов. Читать онлайн. Newlib. NEWLIB.NET

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document can be compared with such similar documents as the Pilgrim Code of Law, 1636 [20]; the Massachusetts Body of Liberties, 1641 [22]; the Connecticut Code of Laws, 1650 [52]; the Pennsylvania Charter of Liberties, 1701 [61]; and the three Virginia codes [69, 70, and 72]; all of which functioned as codes of law. These early legal summaries, however, inevitably had a constitutional status as well. For one reason, they defined the basic laws of what amounted to new polities because colonial charters granted significant independence for the creation and operation of local government. For another reason, because they selectively appropriated and altered English common law in light of their own beliefs and local situation, these codes amounted to a conscious refounding of English constitutionalism. More than a simple code of law, then, this document, and others like it, contains the beginning of a bill of rights, as well as a description of the basic institutions, and served as a constitution.

      The text is taken from N. Bouton et al., eds., New Hampshire Provincial, Town, and State Papers: Vol. I, 1623–1686 (Concord and Nashua, N.H., 1867), 386–409. The document is reproduced completely and with the original spelling.

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      PROVINCE LAWS.

      The Generall Lawes and Liberties of the Province of New Hampshire, made by the Generall Assembly in Portsmo the 16th of March 1679/80 and approved by the Presidt and Councill.

      For as much as it hath pleased our Sovereigne Lord the King, out of his Princely Grace and favour, to take vs, the Inhabitants of New Hampshire, into his imediate Governmt and Protection, the wch, as we are ever bound to acknowledge wth great thankfulnesse, soe we have great reason to hope and believe yt his Majesty will still continue to countenance and incourage vs with ye Injoymt of such Libertyes, Imunities and ppties as belong to free borne Englishmen, and whereas his Majesty hath been pleased by his Letters Pattents, sent to vs, to confer such power upon ye Generall Assembly as to make such Lawes and ordinances as may best sute wth ye good Governmt and quiet settlemt of his Majesties subjects within this Province:

      It is therefore ordered and inacted by this Generall Assembly and the authority thereof, that no Act, Imposition, Law or Ordinance be made or imposed upon us but such as shall be made by the said Assembly and approved by the Presidt and Councill from time to time. That Justice and Right be equally and imparshally administered vnto all: not sold, denied or causelessly deferred unto any. 9 Hen. 3, 29 Stat.; 2 Edw. 3, 8 State.; 5 Edw. 3, 9 Stat; 14 Edw. 28: Edw. 3, 3 Stat.; 11 R. 2, 10, 17; Caro. 1, 10,

      CAPPITALL LAWS.

      Idollitry.

      1. It is enacted by ye Assembly and ye authority thereof, yt if any pson having had the knowledge of the true God, openly and manifestly have or worship any other God but the Lord God, he shall be put to death. Ex. 22:20; Deu. 13; 6 and 10.

      Blasphemy.

      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