president and Councill to send into England such coppies, fairly and Imparsially stated, together wth their one opinions upon such cases, that we, our ayres and successors, with ye advice of our and their Councill may determine therein according to equity; and lastly, our will and pleasure is, that the said president and Councill for ye time being, doe prepare and send to England, such rules and methods for their own proceedings, as may best suite with the constitution of the saide prov. of New Hampshire.

For ye better establishing our authority theire and the government thereof, that we and our privie Councill may examine and alter or approve the same, in witness whereof, we have caysed these our letters to be made patent.

Witness our self, at Westminster, the 18th of September, In the one and thirtieth year of our Reigne.

PER IPSUM REGEM, BARKER.

Province Laws.

[Coun. and Assem. Rec.]

The Generall Lawes and Liberties of the Province of New Hampshire, made by the Generall Assembly in Portsm° the 16th of March, 1638 and aproved by the Presid' 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 Governm* 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 Injoym' 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 y Generall Assembly as to make such Lawes and ordinances as may best sute wth ye good Governm and quiet settlem' 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 Presid' and Councill from time to time. That Justice and Right be equally and impshally administered vnto all: not sold, denied or causelessly deferred unto any. 9 Hen. 3, 29 Stat.; 2 Edw. 3, 8 Stat.; 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 Inacted by ye Assembly and yo authority thereof, y' 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, presumptious or high-handed blasphemy, either by willful or obstinate denying ye true God or his creation or Governm' of yo 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 pfidiously 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.

WILFUL MURTHER.

5. If any pson shall comitt wilfull murther by killing any man, woe: or child, upon premeditated malice, hatered 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 poysoning or other such devilish practice, he shall be put to death.

WITCHCRAFT.

8. If any Christian, soe called, be a witch, y' is, hath or consulted with a familliar spirit, he or they shall be put to death.

BEASTIALITY.

9. If any man lie with 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 y 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 y voyce of his mother, y' 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 wll not obey theire voyce and chastizem but lives in sundry notorious crimes, such son shall be put to death, or otherwise severely punished.

RAPE.

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 vnd 10 years of age, though her will was gained by him, he shall be punished wth death, or some other greivous punishm' 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 vallue, such pson shall be put to death, or otherwise greviously punished, as y case may be circumstanced.

Criminall Laws.

1. It is orderdd by the Assembly and the authority thereof that w' 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 thereof.

ADULTERY.

2. It is Inacted by this Assembly that whosoever shal comitt Adultery with 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, viz., once when y Court is sitting at wch they were convicted of the fact, and y 2d time as the court shall order, and likewise shall ware 2 cappital letters A. D. cut out in cloth and sowed on theire

upermost garm on theire arms or back, and if at any time they shall be found wthout the said letters so woren whilst in this Governm', 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 man comit Fornication with any single woe: they shall be punished, either by injoyning marriage, or fine or corporall punishm1, or all or any of these, as ye judges of yo court y' hath cognizance of yo 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 yo 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, and 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 y if any pson shall comitt Burglary by breaking vp any dwelling house or ware house, or shall forceably robb any pson in y 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 2a 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 forehead, 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 y 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