盧笛：清教徒在北美殖民地推行的政教合一暴政

基督徒們愛看盧笛的文章，那就再轉一篇好好看看

清教徒在北美殖民地推行的政教合一暴政

如所周知，馬薩諸塞灣殖民地（Massachusetts Bay Colony）是清教徒們（Puritans）從英國到達美國后建立的。下面將該殖民地在1641-1648年實行的法律（General Laws & Liberties）中的死刑規定逐條翻譯出來。請大家看看那些「清教徒實行宗教容忍」、「清教徒是理性主義者」、「美國獨立后民主建國是清教徒的功勞」等等是何等彌天大謊。

譯文後面附的英文縮寫指的是根據《聖經》的哪一段教導，標明的年代是該條法律制定或修訂的時間。請大家注意，這為猞猁網友激賞的清教徒制定出來的法律，其觸目特點還不光是它秦始皇式的嚴苛，更是每條都引用《聖經》作為立法依據，恰與今日中東原教旨回回以《可蘭經》的戒律為法律一般。當然猞猁網友可以告訴咱們，美國的政教合一是正義的、仁慈的、應該用武力維護的，而中東回回的則是反動的、暴虐的、應該用武力推翻的。

我不是試圖用今日眼光去苛責前人，我想告訴大家的不過是個簡單道理：不要出於感情，就用今日的美國去「合理推論」當年的北美殖民地，不要用現代基督教的行為去「合理推論」當年的基督教徒。比起今日的極端回回來，當年的清教徒也實在乾淨不到哪兒去，甚至還不如佔領了君士坦丁堡的奧斯曼帝國的回回——人家在1453年佔領了君士坦丁堡后，還實行了宗教容忍，次年就恢復了當地基督徒的最高級主教（ Patriarch， http://en.wikipedia.org/wiki/Patriarch_of_Constantinople#Ottoman_ethnarchy ）。自此後希臘人一直能自由信奉東正教，而清教徒在兩百年後在小媳婦熬成婆后還做不到這點，甚至比英國原來迫害他們的「婆婆」還厲害萬倍。

說來說去還是那句話，世上大多數宗教，本質都是善良的，一般都勸人行善（這就是theosophy的基本教義，它認為每種宗教都具有一定成分的真理）。但再善良的宗教，一旦到了狂熱份子手上就要透出邪惡氣息。現代基督教在很大程度上是改惡從善的邪教，但它在漫長改良的道路上趟過了重重血海，光是馬丁路德在德國的宗教改革就斷送了30多萬人的性命。基督教和它的流派回教彼此發動和自相發動的戰爭，乃是世界流血史上比較輝煌的一頁。現代基督教能容忍異端或異教，乃是因為他們殺人殺到手軟，覺得無效，因而住手不殺而已。

即使如此，我也無意責備苛責古人。我追求的不過是尊重歷史事實。我認為，無論出於何種政治意圖，站在何種政治立場，都不能為了現實政治需要塗改偽造歷史。這在我看來才是一個真正的知識分子應該具有的最起碼的道德與智力素質。

最近看到有網友把我和清教徒的暴政與盧瑟福以及韋伯和默頓聯繫在一起，哪怕姚文元也沒那本事。關於清教徒的暴政，其實看看Mary Dyer的命運就夠了。關於清教徒的「法治」，請看他們當年制定的法律：

http://www.mayflowerfamilies.com/colonial_life/general_laws.htm ;

其中赫然規定：

If any man after legal conviction shall have or worship any other god, but the lord god, he shall be put to death.

關於清教徒的「民主」，請看溫斯羅普的名言：

If we should change from a mixed aristocracy to mere democracy, first we should have no warrant in scripture for it: for there was no such government in Israel ... A democracy is, amongst civil nations, accounted the meanest and worst of all forms of government. [To allow it would be] a manifest breach of the 5th Commandment.

R.C. Winthrop： Life and Letters of John Winthrop (Boston, 1869), vol. ii, p. 430.

這不是暴政，什麼是暴政？

下面是在1641-1648年實行的法律（General Laws & Liberties）。該法律內容繁多，其他懲罰也相當可怕，例如burglar第一次被抓住后就要在前額上烙個「B」等等，但限於篇幅只翻譯了死刑部分，有興趣的讀者可以去攻讀全文。為了儘可能忠實原文，我採用了硬譯方式。原文附在此帖之後，歡迎讀者糾錯，謝謝！


死刑

1）任何男人若在法庭宣判后還要擁有或崇拜除了主上帝之外的其他任何神將被處死。Exod. 22. 20. Deut. 13. 6. & 10. Deut. 17. 2. 6.

2）任何男人或女人若是巫師，亦即具有或請教一個熟悉的精靈，將被處死。Exod. 22. 18. Levit. 20. 27. Deut. 18. 10. 11.

3）本轄區內任何人，不管是基督徒還是異教徒，倘若有意地、自願地使用直接的、明確的、傲慢的或橫暴的褻瀆語言褻瀆上帝、聖父、聖子或聖靈的神聖名字，不論是任性地或固執地否認真的上帝，或是他的創造，或是世上的政府，或是以類似方式詛咒上帝，或是責備上帝神聖的宗教，彷彿它不過是一種使得無知者保持敬畏的政治設施，或是說出任何其他的性質和程度類似的瀆神言語，都將被處死。Levit. 24, 15. 16.

4 ）任何人若自願地犯了謀殺罪，亦即不是出於必要和正當防衛，也不是因為違反意願的純粹事故，而是出於預謀的惡意、仇恨或殘暴造成了人的死亡，將被處死。
Exod. 21. 12. 13. Numb. 35. 31.

5 ）任何人若因憤怒或殘忍的感情突然殺死了另一個人，將被處死。Levit. 24. 17. Numb. 35. 20. 21.

6 ）任何人若通過詭計殺死另一個人，無論是通過下毒還是類似的邪惡行為，將被處死。Exod. 21. 14.

7 ）任何男人或女人若與野獸或動物睡覺並性交，他們一定要被處死，野獸將被殺死並掩埋，不許吃掉。Lev. 20, 15. 16.

8 ）任何男人若以他和一個女人睡覺的方式與同性睡覺，兩個男人都一定要被處死，除非一方是被迫的（或是未滿14歲，此時他將受到嚴懲[*6]）。Levit. 20. 13.

9 ）任何人若和一個已婚或有配偶的妻子通姦，姦夫淫婦都一定要被處死。Lev. 20. 19. & 18. 20. Deu. 22. 23. 27.

10 ）任何男人若偷走一個人，或是人類（蘆注，這兒是從《聖經》照抄下來的，原文是STEALETH A MAN, or Man-kinde。所謂「偷」乃是使用拐騙、綁架等手段，「偷」的對象是人而非物），他一定要被處死。Exodus 21. 16.

11 ）任何男人若自願作偽證，其目的是奪走任何人的性命，他將被處死。Deut. 19. 16. 18. 16.

12 ）任何男人若敢密謀和試圖入侵、暴動或公開叛亂，反對我們的殖民地（commonwealth），或突然襲擊任何城鎮或要塞，或是背叛性地奸詐地試圖從根本上改變或顛覆我們的政治框架，或是政府，他將被處死。Numb. 16. 2 Sam. 3. 2 Sam. 18. 2 Sam. 20.

13 ）任何16歲以上的理解力正常的孩子或孩子們，若敢詛咒或毆打他們的生父或生母，他或他們將被處死，除非有足夠人證表明他們的雙親以非常的非基督徒方式忽略了他們的教育，或是使用了極端的殘忍的糾正方式逼迫之，迫使他們保護自己不至於喪生或致殘。Exod. 21. 17. Lev. 20. 9. Exod. 21. 15.

14 ）如果一個男人有一個倔強或反叛的兒子，該子具有足夠的年齡和理解力（例如16歲），不聽他父親或母親的話，不接受他們的懲戒，倘若他們的父母是親生父母，把他抓住並帶到法院的法官們前，並作證表示他們的兒子倔強反叛，不聽他們的話，不接受他們的懲戒，生活在各種臭名昭著的罪行里，則這種兒子將被處死。Deut. 21. 20. 21.

15 ）如果任何10歲以上的男人強迫任何女僕或單身女性與之發生性交，違反了她的意願，他將由法官們或法庭根據情況決定或是處死，或給予嚴厲懲罰。 [1641]

標題: 【附錄】原文 (17 reads)      時間: 2008-8-02 周六, 上午6:51  

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作者：蘆笛 在 蘆笛自治區 發貼, 來自 http://www.hjclub.com

http://faculty.cua.edu/pennington/Law508/MassachusettsLaws.htm ;


[*iii] 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.

So soon as God had set up Politicall Government among his people Israel he gave them a body of lawes for judgement both in civil and criminal causes. These mere breif and fundamental principles, yet withall so full and comprehensive as out of them clear deductions were to be drawne to all particular cases in future times.

For a Common-wealth without lawes is like a Ship without rigging and steeradge. Nor is it sufficient to have principles or fundamentalls, but these are to be drawn out into so many of their deductions as the time and condition of that people may have use of. And it is very unsafe & injurious to the body of the people to put them to learn their duty and libertie from generall rules, nor is it enough to have lawes except they be also just. Therefore among other priviledges which the Lord bestowed upon his peculiar people, these he calls them specially to consider of, that God was neerer to them and their lawes were more righteous then other nations. God was sayd to be amongst them or neer to them because of his Ordnances established by himselfe, and their lawes righteous because himselfe was their Law-giver: yet in the comparison are implyed two things, first that other nations had somthing of God's presence amongst them. Secondly that there was also some what of equitie in their lawes, for it pleased the Father (upon the Covenant of Redemption with his Son) to restore so much of his Image to lost man as whereby all nations are disposed to worship God, and to advance righteousnes: which appears in that of the Apostle Rom. I. 21. They knew God &c: and in the 2. 14. They did by nature the things conteined in the law of God. But the nations corrupting his Ordinances (both of Religion, and Justice) God withdrew his presence from them proportionably whereby they were given up to abominable lusts Rom. 2. 21. Whereas if they had walked according to the light & law of nature they might have been preserved from such moral evils and might have injoyed a common blessing in all their natural and civil Ordinances: now, if it might have been so with the nations who were so much strangers to the Covenant of Grace, what advantage have they who have interest in this Covenant, and may injoye the special presence of God in the puritie and native simplicitie of all his Ordinances by which he is so neer to his owne people. This hath been no small priviledge, and advantage to us in New England that our Churches, and civil State have been planted, and growne up (like two twinnes) together like that of Israel in the wildernes by which wee were put in minde (and had opportunitie put into our hands) not only to gather our Churches, and set up the Ordinaces of Christ Jesus in them according to the Apostolick patterne by such light as the Lord graciously afforded us: but also withall to frame our civil Politie, and lawes according to the rules of his most holy word whereby each do help and strengthen other (the Churches the civil Authoritie, and the civil Authoritie the Churches) and so both prosper the better without such amulation, and contention for priviledges or priority as have proved the misery (if not ruine) of both in some other places.

For this end about nine years since wee used the help of some of the Elders of our Churches to compose a modell of the Judiciall lawes of Moses with such other cases as might be referred to them, with intent to make use of them in composing our lawes, but not to have them published as the lawes of this Jurisdiction: nor were they voted in Court. For that book intitled The Liberties &c: published about seven years since (which conteines also many lawes and orders both for civil & criminal causes, and is commonly (though without ground) reported to be our Fundamentalls that wee owne as established by Authoritie of this Court, and that after three year experience & generall approbation: and accordingly we have inserted them into this volume under the severall heads to which they belong yet not as fundamentalls, for diversof them have since been repealed, or altered, and more may justly be (at least) amended heerafter as further experience shall discover defects or inconveniences for Nihil fimul natum et perfectum. [*iv]

The same must we say of this present Volume, we have not published it as a perfect body of laws sufficient to carry on the Government established for future times, nor could it be expected that we should promise such a thing. For if it be no disparagement to the wisedome of that High Court of Parliament in England that in four hundred years they could not so compile their lawes, and regulate proceedings in Courts of justice &c: but that they had still new work to do of the same kinde almost every Parliament: there can be no just cause to blame a poor Colonie (being unfurnished of Lawyers and Statesmen) that in eighteen years hath produced no more, nor better rules for a good, and setled Government then this Book holds forth: nor have you (our Bretheren and Neighbours) any cause, whether you look back upon our Native Country, or take your observation by other States, & Common wealths in Europe) to complaine of such as you have imployed in this service; for the time which hath been spent in making lawes, and repealing and altering them so often, nor of the charge whicht he Country hath been put to for those occasions, the Civilian gives you a satisfactorie reason of such continuall alterations additions &c: Crefcit in Orbe dolus.

These Lawes which were made successively in divers former years, we have reduced under severall heads in an alphabeticall method, that so they might the more readilye be found, & that the divers lawes concerning one matter being placed together the scope and intent of the whole and of every of them might the more easily be apprehended: we must confesse we have not been so exact in placing every law under its most proper title as we might, and would have been: the reason was our hasty indeavour to satisfie your longing expectation, and frequent ecomplaints for want of such a volume to be published in print: wherin (upon every occasion) you might readily see the rule which you ought to walke by. And in this (we hope) you will finde satisfaction, by the help of the references under the severall heads, and the Table which we have added in the end. For such lawes and orders as are not of generall concernment we have not put them into this booke, but they remain still in force, and are to be seen in the booke of the Records of the Court, but all generall laws not heer inserted nor mentioned to be still of force are to be accounted repealed.

You have called us from amongst the rest of our Bretheren and given us power to make these laws: we must now call upon you to see them executed: remembring that old & true proverb, The execution of the law is the life of the law. If one sort of you viz: non-Freemen should object that you had no hand in calling us to this worke, and therfore think yourselvs not bound to obedience &c. Wee answer that a subsequent, or implicit consent is of like force in this case, as an expresse precedent power: for in putting your persons and estates into the protection and way of subsistance held forth and exercised within this Jurisdiction, you doe tacitly submit to this Government and to all the wholesome lawes therof, and so is the common repute in all nations and that upon this Maxim. Qui sentit commodum sentire debet et onus.

If any of you meet with some law that seemes not to tend to your particular benefit, you must consider that lawes are made with respect to the whole people, and not to each particular person: and obedience to them must be yeilded with respect to the common welfare, not to thy private advantage, and as thou yeildest obedience to the law for common good, but to thy dis-advantage: so another must observe some other law for thy good, though to his own damage; thus must we be content to bear õanothers burden and so fullfill the Law of Christ.

That distinction which is put between the Lawes of God and the lawes of men, becomes a snare to many as it is misapplyed in the ordering of their obedience to civil Authoritie; for when the Authoritie is of God and that in way of an Ordinance Rom. 13. I. and when the administration of it is according to deductions, and rules gathered from the word of God, and the clear light of nature in civil nations, surely there is no humane law that tendeth to commõn good (according to those principles) but the same is mediately a law of God, and that in way of an Ordinance which all are to submit unto and that for conscience sake. Rom. 13. 5.

By order of the Generall Court.

INCREASE NOWEL

SECR.

*[1] 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 impeachment & infringement hath ever been, & ever will be the tranquility & stability of Churches & Comonwealths; & 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 excõmunicate, condemned or other, shall have full power and libertie to make their Wills & Testaments & other lawfull Alienations of their lands and estates.[1641] see children.

Actions.

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] see Causes. see Records.

Age.

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.

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 unlawful, 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 [*2] 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.

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 [*3] 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] see sect 1. page 1. * * *

Bakers.

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 wheaten Houshould
11 ouces 1 gr. 17 ouc. 1 gr. 23 ouc. o.


at 3 6 10 1 15 1 20 2.

at 4 0 09 1 14 0 18 2.

at 4 6 08 1 11 3 16 2.

at 5 0 07 3 11 2 15 2.

at 5 6 07 0 10 2 14 0.

at 6 0 06 2 10 0 13 0.

at 6 6 06 0 09 2 12 2.

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]

[*4] Bills.

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] see usurie.

Bond-slavery.

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.

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 [*5] 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]

CAPITAL LAWES.

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 womãn, 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]

Cask & Cooper.

It is orderedy by this Court and authoritie therof, that all cask used for any liquor, fish, or other cõmoditie to be put to sale shall be of London assize, and that fit persons shal be appointed from time to time in all places needfull, to gage all such vessels or cask & such as shal be found of due assize shal be marked with the Gagers mark, & no other who shal have for his paines four pence for every tun, & so proportionably. And every County court or any one Magistrate upon notice given them shall appoint such Gagers to view the said cask, & to see that they be right, & of sound & wel seasoned timber, & that everie Cooper have a distinct brand-mark on his own cask, upon payn of forfeiture of twenty shilling in either case, & so proportiõably for lesser vessels. [1642 1647] * * *

[*23] Fornication.

It is ordered by this Court and Authoritie therof, That if any man shall commit Fornication with any single woman, they shall be punished either by enjoyning to Marriage, or Fine, or corporall punishment, or all or any of these as the Judges in the courts of Assistants shall appoint most agreeable to the word of God. And this Order to continue till the Court take further order. [1642] * * *

[*24] Gaming.

UPON complaint of great disorder by the use of the game called Shuffle-board, in houses of common entertainment, wherby much pretious time is spent unfruitfully and much wast of wine and beer occasioned, it is therfore ordered and enacted by the Authoritie of this Court;

That no person shall henceforth use the said game of Shuffle-board in any such house, nor in any other house used as common for such purpose, upon payn for every Keeper of such house to forfeit for every such offence twenty shillings: and for every person playing at the said game in any such house, to forfeit for everie such offence five shillings: Nor shall any person at any time play or game for any monie, or mony-worth upon penalty of forfeiting treble the value therof: one half to the partie informing, the other half to the Treasurie. And any Magistrate may hear and determin any offence against this Law. [1646 1647] * * *

Heresie.

ALTHOUGH no humane power be Lord over the Faith & Consciences of men, and therfore may not constrein them to beleive or professe against their Consciences: yet because such as bring in damnable heresies, tending to the subversion of the Christian Faith, and destruction of the soules of men, ought duly to be restreined from such notorious impiety, it is therfore ordered and decreed by this Court;

That if any Christian within this Jurisdiction shall go about to subvert and destroy the christian Faith and Religion, by broaching or mainteining any damnable heresie; as denying the immortalitie of the Soul, or the resurrection of the body, or any sin to be repented of in the Regenerate, or any evil done by the outward man to be accounted sin: or denying that Christ gave himself a Ransom for our sins, or shal affirm that wee are not justified by his Death and Righteousnes, but by the perfection of our own works; or shall deny the moralitie of the fourth commandement, or shall indeavour to seduce others to any the herisies aforementioned, everie such person continuing obstinate therin after due means of conviction shal be sentenced to Bañishment. [1646] * * *

[*25] Idlenes.

It is ordered by this Court and Authoritie therof, that no person, Housholder or other shall spend his time idlely or unproffitably under pain of such punishment as the Court of Assistants or County Court shall think meet to inflict. And for [*26]this end it is ordered that the Constable of everie place shall use speciall care and diligence to take knowledge of offenders in this kinde, especially of common coasters, unproffitable fowlers and tobacco takers, and present the same unto the two next Assistants, who shall have power to hear and determin the cause, or transfer it to the next Court. [1633]

Jesuits.

THIS Court taking into consideration the great wars, combustions and divisions which are this day in Europe: and that the same are observed to be raysed and fomented chiefly by the secret underminings, and solicitations of those of the Jesuiticall Order, men brought up and devoted to the religion and court of Rome; which hath occasioned divers States to expell them their territories; for prevention wherof among our selves, It is ordered and enacted by Authoritie of this Court,

That no Jesuit, or spiritual or ecclesiastical person [as they are termed] ordained by the authoritie of the Pope, or Sea of Rome shall henceforth at any time repair to, or come within this Jurisdiction: And if any person shal give just cause of suspicion that he is one of such Societie or Order he shall be brought before some of the Magistrates, and if he cannot free himselfe of such suspicion he shall be committed to prison, or bound over to the next Court of Assistants, to be tryed and proceeded with by Bañishment or otherwise as the Court shall see cause: and if any person so banished shall be taken the second time within this Jurisdiction upon lawfull tryall and conviction he shall be put to death. Provided this Law shall not extend to any such Jesuit, spiritual or ecclesiasticall person as shall be cast upon our shoars, by ship-wrack or other accident, so as he continue no longer then till he may have opportunitie of passage for his departure; nor to any such as shall come in company with any Messenger hither upõ publick occasions, or any Merchant or Master of any ship, belonging to any place not in emnitie with the State of England, or our selves, so as they depart again with the same Messenger, Master of Merchant, and behave themselves in-offensively during their aboad heer. [1647] * * *

[*29] In-keepers, Tippling, Drunkenes.

Forasmuch as there is a necessary use of houses of common entertainment in every Common-wealth, and of such as retail wine, beer and victuals; yet because there are so many abuses of that lawfull libertie, both by persons entertaining and persons entertained, there is also need of strict Laws and Rules to regulate such an employment: It is therefore ordered by this Court and Authoritie thereof;

      

[* 30]

That no person or persons shall at any time under any pretence or colour whatsoever undertake to be a common Victuailer, Keeper of a Cooks shop or house for common entertainment, Taverner, or publick seller of wine, ale, beer or strongwater (by re-tale) nor shall any sell wine privatly in his house or out of doors by a lesse quantitie or under a quarter cask: without approbation of the selected Townsmen and Licence of the Shire Court where they dwell: upon pain of forfeiture of five pounds for everie such offence, or imprisonment at pleasure of the Court, where satisfaction cannot be had.

And every person so licenced for common entertainment shall have some inoffensive Signe obvious for strangers direction, and such as have no such Signe after three months so licenced from time to time shall lose their licence: and others allowed in their stead. And any licenced person that selleth beer shall not sell any above two-pence the ale-quart: upon penaltie of three shillings four pence for everie such offence. And it is permitted to any that will to sell beer out of doors at a pennie the ale-quart and under.

Neither shall any such licenced person aforesaid suffer any to be drunken, or drink excessively viz: above half a pinte of wine for one person at one time; or to continue tippling above the space of half an hour, or at unreasonable times, or after nine of the clock at night in, or about any of their houses on penaltie of five shillings for everie such offence.

And everie person found drunken viz: so that he be thereby bereaved or disabled in the use of his understanding, appearing in his speech or gesture in any of the said houses or elsewhere shall forfeit ten shillings. And for excessive drinking three shillings four pence. And for continuing above half an hour tippling two shillings six pence. And for tippling at unreasonable times, or after nine a clock at night five shillings: for everie offence in these particulars being lawfully convict thereof. And for want of payment such shall be imprisoned untill they pay: or be set in the Stocks one hour or more [in some open place] as the weather will permit not exceeding three hours at one time.

Provided notwithstanding such licenced persons may entertain sea-faring men, or land travellers in the night-season, when they come first on shore, or from their journy for their necessarie refreshment, or when they prepare for their voyage or journie the next day early; so there be no disorder among them; and also Strangers, Lodgers or other persons in an orderly way may continue in such houses of common entertainment during meal times, or upon lawfull busines what time their occasions shall require.

Nor shall any Merchant, Cooper, Owner or Keeper of wines or other persons that have the government of them suffer any person to drink to excesse, or drunkenes, in any their wine-Cellars, Ships or other vessels or places where wines doe lye; on pain to forfeit for each person so doing ten shillings.

And if any person offend in drunkenes, excessive or long drinking the secõd time they shall pay double Fines. And if they fall into the same offence the third time they shall pay treble Fines. And if the parties be not able to pay the Fines then he that is found drunk shall be punished by whipping to the number of ten stripes: and he that offends in excessive or long drinking shall be put into the stocks for three hours when the weather may not hazzard his life or lims. And if they offend the fourth time they shall be imprisoned until they put in two sufficient Sureties for their good behaviour.

And it is father ordered that if any person that keepeth or hereafter shall keep a common house of entertainmen, shall be lawfully convicted the third time for any offence against this Law: he shall (for the space of three years next ensuing the said conviction) be disabled to keep any such house of entertainment, or sell wine, beer or the like; unles the Court aforesaid shall see cause to continue them.

It is farther ordered that everie In-keeper, or Victuailer shall provide for the entertainment [* 31] of strangers horses viz: one or more inclosures for Summer and hay and provender for Winters with convenient stable room and attendance under penaltie of two shillings six pence for everie dayes default, and double damage to the partie thereby wronged (except it be by inevitable accident.

And it is farther ordered by the Authoritie aforesaid, that no Taverner or seller of wine by retale, licenced as aforesaid shall take above nine ponds profit by the Butt or Pipe of wine (and proportionably for all other vessels) toward his wast in drawing and otherwise: out of which allowance everie such Taverner or Vintner shall pay fifty shillings by the Butt or Pipe and proportionably for all other vessels to the Countrie. For which he shall account with the Auditor general or his Deputie every six months and discharge the same. All which they may doe by selling six pence a quart in re-tale (which they shall no time exceed) more than it cost by the Butt, beside the benefit of their art and mysterie which they know how to make use of. And everie Taverner or Vintner shall give a true account and notice unto the Auditor or his Deputie of everie vessel of wine he buies from time to time within three daye; upon pain of forfeiting the same or the value thereof.

And all such as retale strong waters shall pay in like manners two pence upon everie quart to the use of the Country, who also shall give notice to the Auditor or his Deputies of everie case and bottle or other quantitie they buy within three dayes upon payn of forfeiture as before.

Also it is ordered that in all places where week day Lectures are kept, all Taverners, Victuailers and Tablers that are within a mile of the Meeting-house, shall from time to time clear their houses of all persons able to goe to the Meeting, during the time of the exercise (except upon extraordinary cause, for the necessarie refreshing of strangers unexpectedly repairing to them) upõ pain of five shillings for every such offence over and besides the penalties incurred by this Law for any other disorder.

It is also ordered that all offences against this Law may be heard and determined by any one Magistrate, who shall heerby have power by Warrant to fend for parties, and witnesses, and to examin the said witnesses upon oath and the parties without oath, concerning any of these offences: and upon due conviction either by view of the said Magistrate, or affirmation of the Constable, and one sufficient witnes with circumstances concurring, or two witnesses, or confession of the partie to levie the said severall fines, by Warrant to the Constable for that end, who shall be accountable to the Auditor for the same.

And if any person shall voluntarily confesse his offence against this Law in any the particulars thereof, his oath shall be taken in evidence and stand good against any other offending at the same time.

Lastly, it is ordered by the Authoritie aforesaid that all Constables may, and shall from time to time duly make search throughout the limits of their towns upon Lords dayes, and Lecture dayes, in times of Exercise; and also at all other times, so oft as they shall see cause for all offences and offenders against this Law in any of the pariculars thereof. And if upon due information, or complaint of any of their Inhabitants, or other credible persons whether Taverner, Uictuailer, Tabler or other; they shall refuse or neglect to make search as aforesaid, or shall not to their power perform all other things belonging to their place and Office of Constableship: then upon complaint and due proof before any one Magistrate within three months after such refusall or neglect; they shall be fined for everie such offence ten shillings, to be levied by the Marshal as in other cases by Warrant from such Magistrate before whom they are convicted, or Warrant from the treasurer upon notice from such Magistrate. [1645 1646 1647] See Gaming, Licences. ***

[*35] Lying.

Whereas truth in words as well as in actions is required of all men, especially of Chistians who are the professed Servants of the God to Truth; and wheras all lying is contrary to truth, and some sorts of lyes are not only sinfull (as all lyes are) but also pernicious to the Public-weal, and injurious to particular persons; it is therfore ordered by this Court and Authoritie therof,

That everie person of the age of discretion [which is accounted fourteen years] who shall wittingly and willingly make, or publish any Lye which may be pernicious to the publick weal, or tending to the damage or injurie of any particular person, or with intent to deceive and abuse the people with false news or reports: and the same duly proved in any Court or before any one Magistrate (who hath heerby power graunted to hear, and determin all offences against this Law) such person shall be fined for the first offence ten shillings, or if the partie be unable to pay the same then to be set in the stocks so long as the said Court or Magistrate shall appoint, in some open place, not exceeding two hours. For the second offence in that kinde wherof any shall be legally convicted the sum of twenty shillings, or be whipped upon the naked body not exceeding ten stripes. And for the third offence that way fourty shillings, or if the partie be unable to pay, then to be whipped with more stripes, not exceeding fifteen. And if yet any shall offend in like kinde, and be legally convicted therof, such person, male or female, shall be fined ten shillings a time more then formerly: or if the partie so offending be unable to pay, then to be whipped with five, or six more stripes then formerly not exceeding fourty at any time.

The aforesaid fines shall be levied, or stripes inflicted either by the Marshal of that Jurisdiction, or Constable of the Town where the offence is committed [*36] according as the Court or Magistrate shall direct. And such fines so levied shall be paid to the Treasurie of that Shire where the Cause is tried.

And if any person shall find himselfe greived with the sentence of any such Magistrate out of Court, he may appeal to the next Court of the same Shire, giving sufficient securitie to prosecute his appeal and abide the Order of the Court. And if the said Court shall judge his appeal causlesse, he shall be double fined and pay the charges of the Court during his Action, or corrected by whipping as aforesaid not exceeding fourtie stripes; and pay the costs of Court and partie complaining or informing, and of Wittnesses in the Case.

And for all such as being under age if discretion that shall offend in lying contrary to this Order their Parents or Masters shall give them due correction, and that in the presence of some Officer if any Magistrate shall so appoint. Provided also that no person shall be barred of his just Action of Slaunder, or otherwise by any proceeding upon this Order. [1645] ***

[*38] Masters, Servants, Labourers

1. It is ordered by this Court and the Authoritie therof, that no servant, either man or maid shall either give, sell or truck any commoditie whatsoever without licence from their Masters, during the time of their service under pain of Fine, or corporal punishment at the discretion of the Court as the offence shall deserve.

2. And that all workmen shall work the whole day allowing convenient time for food and rest.

3. It is also ordered that when any servants shall run from their masters, or any other Inhabitants shall privily goe away with suspicion of ill intentions, it shall be lawfull for the next Magistrate, or the Constable and two of the chief Inhabitants where no Magistrate is to presse men and boats or pinnaces at the publick charge to pursue such persons by Sea or Land and ring them back by force of Arms.

4. It is also ordered by the Authoritie aforesaid, that the Free-men of everie town may from time to time as occasion shall require agree amongst themselves about the prizes, and rates of all workmens labours and servants wages. And everie person inhabiting in any town, whether workman, labourer or servant shall be bound to the same rates which the said Freemen, or the greater part shall binde themselves unto: and whosoever shall exceed those rates so agreed shall be punished by the discretion of the Court of that Shire, according to the qualitie and measure of the offence. And if any town shall have cause of complaint against the Freemen of any other town for allowing greater rates, or wages then themselves, the Quarter Court of that Shire shall from time to time set order therin.

5. And for servants and workmens wages, it is ordered, that they may be paid in corn, to be valued by two indifferent Freemen, chosen the one by the Master, the other by the servant or workman, who also are to have respect to the value of the work or service, and if they cannot agree then a third man shall be chosen by the next Magistrate, or if no Magistrate be in the town then by the next Constable, unles the parties agree the price themselves. Provided if any servant or workman agree for any [*39] particular payment, then to be payd in specie, or consideration for default therin. And for all other payments in corn, if the parties cannot agree they shall choos two indifferent men, and if they cannot agree then a third as before.

6. It is ordered, and by this Court declared, that if any servant shall flee from the tyrannie and crueltie of his, or her Master to the house of any Freeman of the same town, they shall be there protected and susteined till due order be taken for their releif. Provided due notice therof be speedily given to their Master from whom they fled, and to the next Magistrate or Constable where the partie so fled is harboured.

7. Also that no servant shall be put off for above a year to any other, neither in the life time of their Master, nor after their death by their Exectuors or Administrators, unles it be by consent of Authorite assembled in some Court, or two Assistants: otherwise all, and everie such Assignment to be void in Law.

8. And that if any man smite out the eye, or tooth of his man-servant, or maid-servant; or otherwise maim, or much disfigure them (unles it be by meer casualtie) he shall let them goe free from his service, and shall allow such farther recompence as the Court shall adjudge him.

9. And all servants that have served diligently and faithfully to the benefit of their Masters seven years shall not be sent away emptie: and if any have been unfaithfull, negligent, or unprofitable in their service, notwithstanding the good usage of their Masters, they shall not be dismissed till they have made satisfaction according to the judgement of Authoritie. [1630 1633 1635 1636 1641] see Oppression. ***

[*44] Pipe-staves.

Whereas information hath come to this Court from divers forrein parts of the insufficiencie of our Pipe-staves in regard especially of worm holes, wherby the commoditie is like to be prohibited in those parts, to the great damage of the Countrie; it is therfore ordered and enacted by the Authoritie of this Court,

That the Select-men of Boston and Charlstown, and of all other towns in this Jurisdiction where Pipe-staves use to be shipped; shall forthwith, and so from time to time as need shall require nominate two men of each town, skilfull in that commoditie, and such as can attend that service to be Viewers of Pipe-staves; who so chosen, shall by the Constable be convented before some Magistrate, to be sworn dilligently and faithfully to vie and search all such Pipe-staves as are to be transported to any parts of Spain, Portugal, or within either of their Dominions, or elsewhere to be used for making of tight cask, who shall cast bye all such as they shall judge not merchantable both in respect of worm-holes and due assize viz that are not in length four foot & half, in breadth three inches and half without sap, in thickness three quraters of an inch, & not more or lesse then an eight part of an inch then three quarters thick: well, and even hewed and sufficient for that use. And they or some one of the shall at all times upon request give attendance; & they shall enter in a book the number of all such merchantable Pipe-staves as they shall approve, and for whom.

And if any man shall put aboard any Ship, or other vessel any Pipe-staves other then shall be so searched and approved, to the end to be transported to any part of Spain or Portugal, except they should be shipped for dry cask, he shall forfeit the same whole parcell or the value therof; and the said Viewers shall be allowed two shillings for everie thousand of Pipe-staves which they shall so search, as well the refuse as the merchantable, to be paid by him that sets them a work.

And if any Master or other Officer of any Ship, or other vessel shall receive into such Ship or vessel any parcel of Pipe-staves to be transported into any of the said Dominions which shall not be searched, and allowed as merchantable, and so certified by a note under the hand of one of the said Viewers such Master shall forfeit for everie thousand

Poor.

It ordered by this Court and Authoritie therof; that any Shire Court, or any two Magistrates out of Court shall have power to determin all differences about lawfull setling, and providing for poor persons; and shall have power to dispose of all unsetled persons into such towns as they shall judge to be most fit for the maintainance, and imployment of such persons and families, for the ease of the Countrie. [1639] * * *

[*49] Strangers.

It is ordered by this Court and the Authoritie therof; that no Town or person shal receive any stranger resorting hither with intent to reside in this Jurisdiction, nor shall allow any Lot or Habitation to any, or entertain any such above three weeks, except such person shall have allowance under the hand of some one Magistrate, upon pain of everie Town that shall give, or sell any Lot or Habitation to any not so licenced such Fine to the Countrie as that County Court shall impose, not exceeding fifty pounds, nor lesse then ten pounds. And of everie person receiving any such for longer time then is heer expressed or allowed, in some special cases as before, or in case of entertainment of friends resorting from other parts of this Country in amitie with us, shall forfeit as aforesaid, not exceeding twenty pounds, nor lesse then four pounds: and for everie month after so offending, shal forfeit as aforesaid not exceeding ten pounds, nor lesse then fourty shillings. Also, that all Constables shall inform the Courts of new commers which they know to be admitted without licence, from time to time. [1637 1638 1647] See Fugitives, Lib. com: Tryalls. ***

Suits, vexatious suits.

It is ordered and decreed, and by this Court declared; that in all Cases where it appears to the Court that the Plaintiffe hath willingly & wittingly done wrong to the Defendant in commencing and prosecuting any Action, Suit, Complaint or Indictment in his own name or in the name of others, he shall pay treble damages to the partie greived, and be fined fourty shillings to the Common Treasurie. [1641 1646]

Suits, vexatious suits.

It is ordered and decreed, and by this Court declared; that in all Cases where it appears to the Court that the Plaintiffe hath willingly & wittingly done wrong to the Defendant in commencing and prosecuting any Action, Suit, Complaint or Indictment in his own name or in the name of others, he shall pay treble damages to the partie greived, and be fined fourty shillings to the Common Treasurie. [1641 1646]

Swyne.

It is ordered by this Court, and by the Authoritie therof; that every Township within this Jurisdiction shall henceforth have power, and are heerby required from time to time to make Orders for preventing all harms by swine in corn, meadow, pastures and gardens; as also to impose penalties according to their best discretion: and to appoint one of their Inhabitants by Warrent under the hands of the Select-men, or the Constable where no Select-men are, to levie all such Fines and Penalties by them in that case imposed (if the Town neglect it).

And where Towns border each upon other, whose Orders may be various, satisfaction shall be made accrding to the Orders of that Town where the damage is done.

But if the swine be sufficiently ringed and yoaked, as the Orders of the Town to which they belong doeth require, then where no fence is, or that it be insufficient through which the swine come to trespasse, the Owner of the land or fence shall bear all damages. * * *

[*50] Tobacco.

This Court finding that since the repealing of the former Laws against Tobacco, the same is more abused then before doth therfore order,

That no man shall take any tobacco within twenty poles of any house, or so neer as may indanger the same, or neer any Barn, corn, or hay-coc k as may occasion the fyring therof, upon pain of ten shillings for everie such offence, besides full recompence of all damages done by means therof. Nor shall any take tobacco in any Inne or common Victualing-house, except in a private room there, so as neither the Master of the said house nor any other Guests there shall take offence therat, which if any doe, then such person shall forthwith forbear, upon pain of two shillings sixpence for everie such offence. And for all Fines incurred by this Law, one half part shall be to the Informer the other to the poor of the town where the offence is done. [1638 1647]

Torture

It is ordered, decreed, and by this Court declared; that no man shall be forced by torture to confesse any crime against himselfe or any other, unles it be in some Capital case, where he is first fully convicted by clear and sufficient evidence to be guilty. After which, if the Case be of that nature that it is very apparent there be other Conspirators or Confoederates with him; then he may be tortured, yet not with such tortures as be barbarous and inhumane.

2 And that no man shall be beaten with above fourty stripes for one Fact at one time. Nor shall any man be punished with whipping, except he have not othewise to answer the Law, unles his crime be very shamefull, and his course of life vitious and profligate. [1641]

Massachusetts Liberties of 1641


說明，該文中有c o c k 一詞，這背時軟體實行文字獄不許貼，我只好在字母間留空白，以此矇混過關，敬請原諒 -- 蘆笛
蘆笛 發表於：2008-8-3 9:12:00
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馬薩諸塞的法律裡面有些條款還是挺順眼的,也許有一定超前性

就算殖民地的清教徒對這些原則沒有原創性的貢獻,而只是照抄了中世紀英格蘭法律,這些條文本身還是值得今天中國人學習和欣賞的.。

例如在1641年的這部法律裡面

http://faculty.cua.edu/penningto ... tsLiberties1641.htm


29. In all actions at law it shall be the liberty of the plaintiff and defendant by mutual consent to chose whether they will be tried by the bench or by a jury, unless it be where the law upon just reason hath otherwise determined. The like liberty shall be granted to all persons in criminal cases.

38. Every man shall have liberty to record in the public rolls of any Court any testimony given upon oath in the same Court, or before two Assistants, or any deed or evidence legally confirmed there to remain in perpetuum rei memoriam, that is for for perpetual memorial or evidence upon occasion.

42. No man shall be twice sentenced by civil justice for one and the same crime, offense, or trespass.

48. Every inhabitant of the Country shall have free liberty to search and view any rolls, records or registers of any Court or office except the Council, and to have a transcript or exemplification thereof written, examined and signed by the hand of the officer of the office, paying the appointed fees thereof.

54. Whensoever anything is to be put to vote, any sentence to be pronounced, or any other matter to be proposed or read in any Court or Assembly: if the president or moderator thereof shall refuse to perform it, the major part of the members of that Court or Assembly shall have power to appoint any other meet man to do it, and, if there be just cause, to punish him that should and would not.

55. In all suits or actions in any Court, the plaintiff shall have liberty to make all the titles and claims that he sues for he can. And the defendant shall have liberty to plead all the pleas he can in answer to them, and the Court shall judge according to the entire evidence of all.


至於1648年那部更為詳細的法律,網上似乎沒有全文,(你給的網址我進不去),只找到以下這個網址記錄得相對較全:
http://www.commonlaw.com/Mass.html

Protestation contra Remonstrance.

IT is ordered, decreed, and by this Court declared; that it is, and shall be the libertie of any member, or members of any Court, Council or civil Assemblie in cases of making or executing any Order or Law that properly concerneth Religion, or any cause Capital, or Wars, or subscription to any publick Articles, or Remonstrance in case they cannot in judgement and conscience consent to that way the major Vote or Suffrage goes, to make their contra-Remonstrance or Protestation in speech or writing, and upon their request, to have their dissent recorded in the Rolls of that Court, so it be done christianly and respectively, for the manner, and the dissent only be entred without the reasons therof for avoyding tediousnes. [1641]


Secresie.

IT is ordered, decreed, and by this Court declared; that no Magistrate, Juror, Officer or other man shall be bound to inform, present or reveal any private crime or offence wherin there is no perill or danger to this Colonie, or any member therof, when any necessarie tye of conscience, grounded on the word of God bindes him to secresie; unles it be in case of testimonie lawfully required. [1641] See Oath Grand-Jurie.

這麼長的英文，又不考試給學分五的，誰看？

最多也就跟我是的，看個開頭。

7# sousuo
我只看了你的回帖。

這麼長文章，其實我也不喜歡看，不過基督徒們比如肉絲都喜歡盧笛的文章，看了特別感動，所以我才找來發給他們看看，好叫他們多多感動感動

我怎麼整不出來表情？

sousuo  也只會忽悠!

99.99%  基們都絕了智  從不會 深層 去想想!

http://snowball5212.blog.hexun.com/49021695_d.html

蘆笛翻譯了死刑條款（以證明清教徒的法律「秦始皇式的嚴苛」），其中一項死罪「denying the true God, or his Creation, or Government of the world」——蘆把「Government of the world」翻譯成「世上的政府」，真是別出心裁。一般人都會自然地把這個翻成「對世界的管理」。參照一下Richard Baxter這部《基督教指南》裡面的幾個小標題 ：可以照樣把the Government of the Thoughts翻成「思想上的政府」，Government of the Body翻成「身體上的政府」，很好很強大。
http://www.ccel.org/ccel/baxter/practical.toc.html

先說說關於馬薩諸塞法律里，某些跟壬醛有關或無關的條款，看The Massachusetts Body of Liberties
http://faculty.cua.edu/pennington/Law508/MassacusettsLiberties1641.htm

第1款:所有人的生命都不可剝奪，所有人都不可被隨意逮捕，所有人的財產都不可被隨意侵奪
1.No man's life shall be taken away, no man's honor or good name shall be stained, no man's person shall be arrested, restrained, banished, dismembered, nor any ways punished, no man shall be deprived of his wife or children, no man's goods or estate shall be taken away from him, nor in any way damaged under color of law, or countenance of authority, unless it be by virtue or equity of some express law of the Country warranting the same established by a General Court and sufficiently published, or in case of the defect of a law in any particular case by the word of God (the laws of the Bible). And in capital cases, or in cases concerning dismembering or banishment, according to that word to be judged by the General Court.

第2款:無論是否有參政權,所有居民在法律面前一律平等.
2.Every person within this jurisdiction, whether inhabitant or foreigner, shall enjoy the same justice and law, that is general for the Plantation, which we constitute and execute one towards another, without partiality or delay.

第8款:除非依據法律並且給予合理補償，不得徵用任何人的物品
8.No man's cattle or goods of what kind soever shall be pressed or taken for any public use or service, unless it be by warrant grounded upon some act of the General Court, nor without such reasonable prices and hire as the ordinary rates of the Country do afford. And if his cattle or goods shall perish or suffer damage in such service, the owner shall be sufficiently recompensed.

第12款:所有人均有權參加鄉鎮會議，通過口頭或者書面方式提出動議或者請願等
12.Every man, whether inhabitant or foreigner, free or not free, shall have liberty to come to any public Court, Council, or town-meeting, and either by speech or by writing, move any lawful, seasonable and material question, or to present any necessary motion, complaint, petition, Bill or information, whereof that meeting hath proper cognizance, so it be done in convenient time, due order and respective manner.

第18款:在法律對一個人作出判決前，任何人都不應當受到人身限制或者被拘禁
No man's person shall be restrained or imprisoned by any authority whatsoever, before the law hath sentenced him thereto, if he can put in sufficient security, bail, or mainprise, for his appearance and good behavior in the meantime, unless it be in capital crimes, and contempts in open Court, and in such cases where some express act of Court doth allow it.

第33款:不得因為欠債而逮捕任何人
33.No man's person shall be arrested or imprisoned upon execution or judgment for any debt or fine, if the law can find any competent means 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 plaintiff's, till satisfaction be made, unless the Court that had cognizance of the cause or some superior Court shall otherwise provide.

第42款:任何人都不得因為同一違法行為而遭受兩次處罰
42.No man shall be twice sentenced by civil justice for one and the same crime, offense, or trespass.

第45款:任何人都不得被迫自證其罪
45.No man shall be forced by torture to confess any crime against himself nor any other unless it be in some capital case where he is first fully convicted by clear and sufficient evidence to be guilty. After which, if the cause be of that nature, that it is very apparent that there be other conspirators or confederates with him, then he may be tortured, yet not with such tortures as be barbarous and inhumane.

第80款:丈夫無權親自(私自)打老婆——想懲罰妻子只能向公權機關申請，若得到法官允許方可在法定地點由執法人員執行。（「寬容」的伊斯蘭教就不同了，就算不說榮譽謀殺那麼極端的，至少可以隨時「用柳條輕輕抽打她的細腰」）
80.Every married woman shall be free from bodily correction or stripes (whipping) by her husband, unless it be in his own defense upon her assault. If there be any just cause of correction, complaint shall be made to authority assembled in some Court, from which she shall receive it.

還有

第29款（選擇陪審團）:In all actions at law it shall be the liberty of the plaintiff and defendant by mutual consent to chose whether they will be tried by the bench or by a jury, unless it be where the law upon just reason hath otherwise determined. The like liberty shall be granted to all persons in criminal cases.

第38款以及第48款（知情權)
     38.Every man shall have liberty to record in the public rolls of any Court any testimony given upon oath in the same Court, or before two Assistants, or any deed or evidence legally confirmed there to remain in perpetuum rei memoriam, that is for for perpetual memorial or evidence upon occasion.
     48.Every inhabitant of the Country shall have free liberty to search and view any rolls, records or registers of any Court or office except the Council, and to have a transcript or exemplification thereof written, examined and signed by the hand of the officer of the office, paying the appointed fees thereof.

第61款（隱私）：No magistrate, juror, officer, or other man shall be bound to inform present or reveal any private crime or offense, wherein there is no peril or danger to this plantation or any member thereof, when any necessity of conscience binds him to secrecy grounded upon the word of God, unless it be in the case of testimony lawfully required.

第75款(異議權)：It is and shall be the liberty of any member or members of any Court, Council or civil assembly in cases making or executing any order or law, that properly concern religion, or any cause capital, or wars, or subscription to any public articles or remonstrance, in case they cannot in conscience and judgment consent to that way the major vote or suffrage goes, to make their contra remonstrance or protestation in speech or writing, and upon request to have their dissent recorded in the rolls of the Court. So it be done Christianly and respectfully for the manner, and their dissent only be entered without the reasons thereof, for the avoiding of tediousness.

蘆笛引用了John Winthrop的一句話，然後就詩性大發，感嘆「這不是暴政，什麼是暴政？」，以及「美國獨立后民主建國是清教徒的功勞是何等彌天大謊」。

這句話來自Wikipedia:

...those who praise Winthrop fail to note his strident anti-democratic political tendencies. Winthrop stated, for example, "If we should change from a mixed aristocracy to mere democracy, first we should have no warrant in scripture for it: for there was no such government in Israel ... A democracy is, amongst civil nations, accounted the meanest and worst of all forms of government. [To allow it would be] a manifest breach of the 5th Commandment."[5]

這番言論的前因後果不容易說明白，跟一頭豬的爭議有關，最終造成1644年的一項法令（兩院議員不再混合開會）。

重點在於John Winthrop所稱的mixed aristocracy到底何指。下面取自他的另一篇政論

The Government of the Massachusetts consists of Magistrates and Freemen: in the one is placed the authority, in the other, the liberty of the commonwealth. Either hath power to act, both alone, and both together, yet by a distinct power, the one of liberty, the other of authority. The Freemen act of themselves in electing their magistrates and officers; the magistrates act alone in all occurrences out of court; and both act together in the General Court; yet all limited by certain rules, both in the greater and smaller affairs, so as the Government is regular in a mixed aristocraty, and no ways arbitrary.

注:溫斯羅普這篇1644年的論文中引述了殖民地特許狀里的條款,闡明了這個「反民主」政體的基本權力分配方式——統治階層成員（總督、副總督及多位「助手」，總數不能超過18名）由自由民每年重選一次，執政者們的權力即使在任期內仍受到一些制約，如果要收稅（包括其它重大事件，例如立法、或授予某人公民權），則必須同時得到過半自由民（或其代表）的同意。

The parties or members of this body politic are reduced under two kinds, Governor and Company, or Freemen: to the Governor it adds a Deputy, and eighteen Assistants: in these is the power of authority placed, under the name of the Governor (not as a person, but as a State) and in the other (which is named the Company) is placed the power of liberty: - which is not a bare passive capacity of freedom, or immunity, but such a liberty as hath power to act upon the chiefest means of its own welfare (yet in a way of liberty, not of authority) and that under two general heads, election and counsel: (1) they have liberty to elect yearly (or oftener if occasion require) all their Governors and other their general officers, viz., such as should have influence (either judicial or ministerial) into all parts of the jurisdiction; (2) they have liberty of counsel in all the General Assemblies, so as without their counsel and consent no laws, decrees, or orders, of any public nature or concernment, not any taxes, impositions, impresses, or other burdens of what kind soever, can be imposed upon them, their families or estates, by any authority in the Government: which notwithstanding remains still a distinct member, even in those General Assemblies: otherwise our state should be a mere Democratic, if all were Governors or magistrates, and none left to be an object of government, which cannot fall out in any kind of Aristocratie.

常識是：所謂"混合貴族政體(mixed aristocracy)"當然是指民主成分與貴族成分加以混合,以區別於"單純"民主政體。如果你不斷章取義，當然該知道Winthrop那段話前面就明說"民意代表"（Deputies）是該殖民地政治結構中的"民主成分"，由此證明如果取消magistrates的否決權，則只剩下了民主成分，成了純民主政體。（民主政體是最壞的政體，這種話由麥迪遜來講就好得很，清教徒這樣說就十惡不赦）

事實上，麻州的「貴族」無非是一年一度投票選出的，只是他們在任期內擁有一定限度的自決權，跟鄉鎮代表們隨時代表當下的民意有所不同，所以後者是民主成分，前者是貴族成分。

如果誰要拿「只有（官方承認的）教會成員才有參政權」這一條來證明溫斯羅普的「strident anti-democratic political tendencies」，就不能把維基上這段引用作為證據，因為那場爭論純是自由民內部的權力分配問題。至於非自由民，麻省當局認為他們沒什麼可抱怨的，不滿意可以直接走人

17.Every man of or within this jurisdiction shall have free liberty, notwithstanding any civil power, to remove both himself and his family at their pleasure out of the same, provided there be no legal impediment to the contrary.

如果拿前述WIKI上那段話來定性整個的「北美清教徒」也是不合適的，因為康涅狄格州就沒有這個「教會會員資格」的限制。

最後，說Massachusetts的「選舉權只限於教會成員」也容易讓人誤解，實際規定是這樣的：只有教會成員才有資格申請成為自由民，只要general court批准某申請人為自由民，哪怕他後來被教會開除會員資格,也不會因此喪失選舉權。（當然，官方承認的各公理宗教會本身的管理也是「民主」化的）

說完了「民主的彌天大謊」，最後再說說伊斯蘭教比清教徒「寬容」的問題。先學習蘆笛語錄

「比起今日的極端回回來，當年的清教徒也實在乾淨不到哪兒去，甚至還不如佔領了君士坦丁堡的奧斯曼帝國的回回——人家在1453年佔領了君士坦丁堡后，還實行了宗教容忍，次年就恢復了當地基督徒的最高級主教。自此後希臘人一直能自由信奉東正教，而清教徒在兩百年後在小媳婦熬成婆后還做不到這點，甚至比英國原來迫害他們的「婆婆」還厲害萬倍。」

從Thomas Aquinas以來,到第一代宗教改革分子(路德,慈運里),都首先明確表明基督教政權不能強迫境內的異教徒(猶太教徒和回回)改宗,只有在他們公開說「你們的宗教是假的」或者咒罵上帝時，才作為「褻瀆」加以懲罰。(詳情見 http://www.rxhj.net/phpBB2/viewtopic.php?t=25510 ）那麼伊斯蘭教寬容在哪兒呢？你能向回教徒傳教嗎？回回能改宗嗎？罵安拉和穆聖能被「寬容」嗎？唯一可能更寬容的一點：基督教禁止境內所有人跳大神，伊斯蘭教東征西討版圖巨大，或許當地人什麼儀式都可以被「容忍」，但是你把十字架或佛像帶進麥加拭拭。

話說回來，清教徒就算趕不上伊斯蘭教寬容，但是要判斷其歷史地位，首先應該跟基督教國家的世俗君主相比，才能看它是進步還是反動。英王禁止在國教會之外的聚會，講道人員必須發誓贊同公禱書中的全部內容，獲得合法執照，否則是「非法講道」。領取聖餐時必須對著那東西屈膝（當然你不領就不必跪）——初期清教徒希望在國教內部改革時，主要就是糾纏這個問題，他們請求批准讓年紀大腿腳不便的信徒可以站著領聖餐，但是國王認為「退一步就完了」，堅決不準。

北美那些公理會當然比起國教的管理體制要寬容多了。首先每個教會地位平等，互不隸屬；再者每個公理會在財產管理、任免神職人員以及接納或開除會員這些重大事務上，都是由全體會員按照少數服從多數的原則投票決定；而且私下的宗教聚會是合法的，雖然不被官方承認為「通過資格認證」的教會（需要得到官員的批准或其它正式教會的承認才能轉正），不能享受財政補貼，其會員不具備申請公民權的資格——但是比起在英國要受治安處罰，哪裡更寬容？

最重要的是，新英格蘭只列出了一些具體的禁止事項，只要不違反即可自行其是。而英王則是規定人們（至少是神職人員）必須積極地按照某一套去做（例如公禱書，特定儀式），哪邊的空間更大，一目了然。新英格蘭的法律讓人有穩定的預期，而且受到指控之後也是按照正式的庭審程序受審，有權為自己辯護，而不是暴民式的審判。（回頭說說平民在土耳其素丹治下的幸福生活：他們的生命和財產安全如何？是否可能沒人敢露富，否則權貴就像蒼蠅見了血一樣？）

最後，當你嘲笑「清教徒宗教寬容」的說法時，至少應該結合史實解釋一下：為什麼不能說克倫威爾的宗教政策比前後的英王更寬容？（克倫威爾時教派層出不窮，宣傳和平主義拒絕服兵役的貴格會正是這時出現，連那些繼續遵守國教方式的聚會都被允許）

至於把美國的宗教自由算成傑氟遜的功勞更是缺乏常識。當時美國各州早就是信仰自由的，立憲者只是解決官方教派接受政府補貼的問題（弗及尼亞按照傳統以聖公會為官方教派，但其它教派的成員數量早已遠超過聖公會成員）。最後「國會不得立法建立國教」的提法正是出於Fisher Ames的動議。

北美長老會總會在1729年（http://www.pcahistory.org/documents/subscription/adoptingact.html）就已經正式把Westminster Confession中的"懲罰褻瀆"的內容給解釋掉了(concerning which clauses the Synod do unanimously declare, that they do not received those articles in any such sense as to suppose the civil magistrate hath a controlling power over Synods with respect to the exercise of their ministerial authority; or power to persecute any for their religion)，公理會更是早已自由化，哪裡需要一個地下黨傑氟遜去「締造宗教自由」。

這很正常。中國說：人之初，性本善。基督教卻認為，人之初，性本惡。都有道理，只不過所指的時期不同。中國說的「人之初」，是指新生的小BABY，當然惡念還沒有滋生。西方人指的「人之初」則是指未降生的人。你別看小BABY和可愛，卻不知道他們在娘肚子里可是凶神惡煞。因為他必須與和他一起的千千萬萬個兄弟姐妹爭一個胎位，可以坐胎的概率是幾千幾萬分之一，他必須有強力的跑步能力，必須能跟同類爭女人（卵子），所以他是殘暴的，不講兄弟姐妹情面的。
對了，基督徒彼此好像就是稱「兄弟姐妹」的。他們就像女人肚子里的卵子和精子，只有彼此殺出個所以然來才會罷手。

樓豬,你好像貼錯地方了吧?

蘆笛的東西,應該貼在回收站.

如果這個法律是在基督教內部實現，也就是針對教民的，那也不賴。但據我所知，基督教把耶穌以後稱為「恩典時期」，這樣，他們都在恩典之下，不受他們抄襲聖經里那些酷刑的管轄，這些酷刑只是專門給基督教以外的人定罪用的。

回復 16# 隔岸觀火


    不是互相殘殺,那是互相和平競爭.

回復 15# 猞猁雪球

你說的這些是對「人」的，可是耶教徒根本不拿土著和異教徒當人，所以才有那麼多屠殺