Colonial Origins of the American Constitution. Группа авторов

with any single woe: they shall be punished, either by injoyning marriage, or fine or corporall punishmt, or all or any of these, as ye judges of ye court yt hath cognizance of ye case shall appoint, and if any comitt carnall copulation after contract before marriage, they shall be amerced each of them 50s. and be imprisoned, if the court see reason; and if any cannot and will not pay ye fine, then to be punished by whiping. And for ye more discountenancing this prevailing evill, the Assembly hath further determined yt such as transgress in any of these wayes, shall be convicted in publique court, theire fines shall be paid in money.

      Burglary.

      4. For as much as many psons of late years have been and are apt to be injurious to the Lives and Goods of others, notwithstanding all Laws and means to prevent the same, it is therefore ordered by this Assembly and ye authority thereof yt if any pson shall comitt Burglary by breaking vp any dwelling house or ware house, or shall foreceably robb any pson in ye field or high wayes, such offenders shall for the first offence be branded on the right hand wth ye letter B; and if he shall offend in the like kind a 2d time he shall be branded on the other and be sevearly whiped, and if either were comitted on ye Lord’s day his brand shall be sett on his forehad, and if he shall fall into the like offence the 3rd time he shall be put to death as being incoragable, or otherwise greviously punished, as ye court shall determine.

      Fellony.

      5. And whosoever shall steale or attempt to steale any ship, barque or vessell of burden, or any publique amunition, shall be sevearly punished according to the nature of such a fact, provided it extends not to Life or Limb.

      6. That if any strangers or inhabitants of this Province shall be legally convicted of stealing or purloyning any horses, chattels, money, or other goods of any kind, he shall be punished by restoring 3 fold to the ptie wronged, and a fine or corporall punishmt, as the court or 3 of the councell shall determine. Provided that such sentance, where not given by ye court, it shall be at the liberty of ye delinquent to appeale to ye next court, putting in due caution there to appeare and abide a Tryall.

      Council’s Power in Criminals.

      7. That any one of ye Councill may heare and determine such small thefts and pilferings as exceeds not ye damage or fine of 40s., or penalty of stocking or whipping not exceeding 10 strypes, or only legall admonition, as he shall see cause, saveing liberty of appeale to the delinquent as aforesd.

      Swearing.

      8. It is ordered by this Assembly and the authority thereof yt if any pson wthin this province shall sweare rashly or vainly by the holy name of God, or other oathes, he shall forfeit to the common Treasury for every such offence 10s., and it shall be in the power of any member of the Councill by warrant to ye Constable to call such pson before him, and vpon suffissient profe, to sentence such offenders and to give orders to levy ye fine; if such pson be not able or shall refuse the said fine, he shall be comitted to the stocks, there to continue for a time not exceeding 3 hours, nor less than 1 houre; and if any pson shall sweare more oathes than one at a time before they remove out of the roome or company where hee soe sweared, he shall then pay 20s., the like penalty shall be inflicted for profane and wicked cursings of any pson or creature, and for multiplying the same as it is appoynted for profaine swearing; and in case any pson so offending by multiplying oathes or curses shall not pay his or theire fine forthwith, they shall be whipped or comitted to prison till they shall pay the same, at the discresion of ye Court or Judges that shall have cognisence thereof.

      Profaning the Lord’s Day.

      9. Upon information of sundry abuses and misdemeanors comitted by divers persons on ye Lord’s Day, It is therefore ordered and inacted by this Generall Assembly, That wt pson soever wthin this Governmt shall pfane ye Lord’s Day, by doeing unnessary servell worke or travell, or by sports or recreations, or by being at ordinarys in time of publique worship, such pson or psons shall forfeite 10s., or be whipt for every such offence, and if it appeares yt ye sin was proudly or presumptiously, and wth a high hand, comitted against the known comand and authority of ye Blessed God, such person therein dispising and reproaching ye Lord, shall be sevearly punished, at ye Judgmt of ye Court.

      Contempt of God’s Word, or Ministers.

      10. It is inacted c., for as much as ye open contempt of God’s word and ye messengers thereof, is ye desolating sin of sevell States and Churchs, It is therefore enacted, that if any Christian, so called, in this Province, shall speak contempteously of the Holy Scriptures, or of ye holy penmen thereof, such pson or psons shall be punished by fine or corporall punishmt, as ye Court shall see reason, so as it extend not to life or limbe, or shall behave himself contempteously toward the Word of God preached, or any minister thereof called and faithfully dispensing ye same in any congregation, either by manifest interrupting him in his ministeriall dispensations, or falsely or peremtorily charging him with teaching error, to ye disparagmt and hinderance of ye work of Christ in his hands; or manifestly or contempteously reproach ye wayes, churches or ordinances of Christ, being duely convicted thereof, he or they, for the first transgression, be amerced 20s. to the province use, or to sett in ye stocks not exceeding 4 hours; but if he or they go on to transgres in ye same kind, then to be amerced 40s., or to be whiped for every such trancegression.

      Forcible Detaining Possession.

      11. It is ordered c., yt where a judgement is given in any Court, for any pson, or house, or lands, upon ye tryal of the title thereof, or other just cause, if the pson against whome ye Judgmt is given doth either forceably detaine possesion thereof, either against the officer impowered to serve an execution thereon, or otherwise after execution served, enter upon it again, and soe retain possession by force, he shall be accounted a high offendr against ye Law, and breaker of the publique peace; therefore, speedily to redress such a criminall offence, every of the Councill is impowered, and by his place hath power to give warrant and comand to ye Marshall, officer and other men whome he thinks meet to be imployed in the case or business, the Marshall or other officers requiring aid greater or less as need require to suppress ye force and give possession to ye owner, and to imprission such as doe appear to be delinquents and their aiders and abettors, to be forth coming at ye next Court, yt did give ye Judgmt in the case, there to make their answer, and whom the court doth find guilty, to sett such fine or other punishmt upon them, as the merrit of their severall cases doth require.

      Conspiricie Against This Province, Etc.

      12. It is ordered &c., That whosoever shall disturb or undermine the peace of this Province or Inhabitants thereof, by plotting wth others, or by his own tumultuous and offenceive carrage, traducing, quarreling, challenging, or assaulting, or any other way tending to publicque disturbance, in wt place soever it be done, or shall defame any Court of Justice, or any of his Majesties councill, or Judges of any court in this Province, in respect of any act or sentence therein passed, every such offender upon due proof made shall be by ye Councill punished by fine, imprisonmt, binding to ye peace or good behaviour, according to the quality and measure of the offence or disturbance to them, seeming just and equall.

      And that such as beate, hurt or strike an other person, shall be lyable to pay unto ye ptie hurt or stricken, together wth such fine to the Province, as, on consideration of the ptie smiting or being smitt, and wth wt instrument, danger more or less, time, place, provocation, c., shall be judged just and reasonable, according to the nature of the offence.

      Forgery of Deeds.

      13. It is ordered, &c., yt if any pson shall forge any deed or conveiance, testimt, bond, bill, release, acquittances, letters of attourney, or any writing, to the injury of another, to prevent equity and justice, he shall pay ye ptie agreived double damage, and be fined so much himself, to ye Province’s vse, and if he cannot pay it, to be publiquely whiped and be branded with a Roman F in ye forehand.

      Defacing Records.

      14. Be it also enacted, yt if any notary, or keeper of publique records or writings, shall wilfully imbazle or make away any such records or writings of concernmt comitted to his keeping and trust, or shall on ppose falsefie or deface them by raceing out, adding to them, or otherwise, such corrupt officer shall loose his office, be disfranceized and burned in the face, according to ye circumstances of the case.

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