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Ex. 22. 18.

Lev. 20. 27.
Dut. 18. 10.

2.

If any man or woeman be a witch, (that is hath or consulteth with a familiar spirit, They shall be put to death.

3.

If any person shall Blaspheme the name of god, the father, Sonne or Holie ghost, with Lev. 24. 15. 16 direct, expresse, presumptuous or high handed blasphemie, or shall curse god in the like manner, he shall be put to death.

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If any person committ any wilful murther, which is man slaughter, committed upon premediated mallice, hatred, or Crueltie, not in a mans necessarie and just defence, nor by meere casualtie against his will, he shall be put to death.

5.

If any person slayeth an other suddainely 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.

[§§ 7-9 omitted.]

IO.

If any man stealeth a man or mankinde, he shall surely be put to death.

II.

If any man rise up by false witnes, wittingly and of purpose to take away any man's 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

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 revealed 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 deposall 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

7. The Elders of Churches have free libertie to meete monthly, Quarterly, or otherwise, in convenient numbers and places, for conferences, and consultations about Christian and Church questions and occasions.

8. All Churches have libertie to deale with any of their members in a church way that are in the hand of Justice. So it be not to retard or hinder the course thereof.

9. Every Church hath libertie to deale with any magestrate, Deputie of Court or other officer what soe ever that is a member in a church way in case of apparent and just offence given in their places. so it be done with due observance and respect.

10. Wee allowd private meetings for edification in religion amongst Christians of all sortes of people. So it be without just offence both for number, time, place, and other

cercumstances.

II. For the preventing and removeing of errour and offence that may grow and spread in any of the Churches in this Jurisdiction. And for the preserveing of trueith and peace in the several churches within themselves, and for the maintenance and exercise of brotherly communion, amongst all the churches in the Countrie, It is allowed and ratified, by the Authoritie of this Generall Court as a lawfull libertie of the Churches of Christ. That once in every month of the yeare (when the season will beare it) It shall be lawfull for the minesters and Elders, of the Churches neere adjoyneing together, with any other of the breetheren with the consent of the churches to assemble by course in each severall Church one after an other. To the intent after the preaching of the word by such a minister as shall be requested thereto by the Elders of the church where the Assembly is held, The rest of the day may be spent in publique Christian Conference. about the discussing and resolveing of any such doubts and cases of conscience concerning matter of doctrine or worship or government of the church as shall be propounded by any of the Breetheren of that church, with leave also to any other Brother to propound his objections or answeres for further satisfaction according to the word of god. Provided that the whole action be guided and moderated by the Elders of the Church where the Assemblie is helde, or by such others as they shall appoint. And that no thing be concluded and imposed by way of Authoritie from one or more Churches upon an other, but onely by way of Brotherly conference and consultations. That the trueth may be searched out to the satisfying of every man's conscience in the sight of god according to his worde. And because such an Assembly and the worke their of can not be duely attended to if other lectures be

held in the same weeke. It is therefore agreed with the consent of the Churches. That in that weeke when such an Assembly is held. All the lectures in all the neighbouring Churches for that weeke shall be forborne. That so the publique service of Christ in this more solemne Assembly may be transacted with greater deligence and attention.

96. How so ever these above specified rites, freedomes, Immunities, Authorities and priveledges, both Civil and Ecclesiasticall are expressed onely under the name and title of Liberties, and not in the exact forme of Laws, or Statutes, yet we do with one consent fullie Authorise, and earnestly intreate all that are and shall be in Authoritie to consider them as laws, and not to faile to inflict condigne and proportionable punishments upon every man impartiallie, that shall infringe or violate any of them.

97. Wee likewise give full power and libertie to any person that shall at any time be denyed or deprived of any of them, to commence and prosecute their suite, Complaint, or action against any man that shall so doe, in any Court that hath proper Cognizance or judicature thereof.

98. Lastly because our dutie and desire is to do nothing suddainlie which fundamentally concerne us, we decree that these rites and liberties shall be Audably read and deliberately weighed at every Generall Court that shall be held, within three yeares next Insueing, And such of them as shall not be altered or repealed they shall stand so ratified, That no man shall in fringe them without due punishment.

And if any Generall Court within these next thre yeares shall faile or forget to reade and consider them as abovesaid. The Governor and Deputie Governor for the time being, and every Assistant present at such Courts shall forfeite 20 sh. a man, and everie Deputie 10 sh. a man for each neglect, which shall be paid out of their proper estate, and not by the Country or the Townes which choose them. And when so ever there shall arise any question in any Court amonge the Assistants and Associates thereof about the explanation of these Rites and liberties, The General Court onely shall have power to interprett them.-From Wm. H. Whitmore's Bibliographical Essay, Boston, 1890, pp. 32-68.

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II.

Fundamentalls of the Massachusetts Compared with Magna Charta.

Magna Charta.

1. The Church shall enjoy all her liberties.

2. No man shall be condemned but by lawful tryall: Justice shall not be sould, deferred nor denyed to any man. All mens liberties and free customes shall be reserved.

Fundamentalls of the Massachu setts.

I. All persons orthodoxe in judgment and not scanda lous in life, may gather into a church estate according to the rules of the gospell of Jesus Christ. Liberty, 1.

Such may choose and ordaine theire owne officers, and exercise all the ordinances of Christ, without any injunction in doctrine, worship or discipline. Lib. erty, 2 and 38.

2. No mans life, honor, liberty, wife, children, goods or estate shall be taken away, punished, or endamaged, under colour of lawe, or countenance of authoritie, but by an expresse lawe of the generall court, or in defect of such lawe, by the word of God, etc. Liberty, 1.

Every person within this jurisdiction, etc., shall enjoy the same justice and lawe, etc., without partiality or delay. Liberty, 2.

All lands and hereditaments shall be free from all fines, forfeitures, etc. Liberty, 10.

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