Table of Contents





A Selection of Governing Laws of the Commonwealth of Massachusetts -- circa 1649

Capital Laws

1. If any man after legal conviction shall have or worship any other God but the Lord God, he shall be put to death. Deut. 13:6, 17:2, Ex. 22:20.
2. If any man or woman be a witch, that is, has or consults with a familiar spirit, they shall be put to death. Ex. 22:18; Lev. 20:27; Deut. 18:10, 11.
3. If any person shall blaspheme the name of God the Father, Son, or Holy Ghost with direct, express, presumptuous, or high-handed blasphemy, or shall curse in the like manner, he shall be put to death. Lev. 24:15, 16.
4. If any person shall commit any willful murder, which is manslaughter, committed upon malice, hatred, or cruelty, not in a man's necessary and just defense, nor by mere casualty against his will, he shall be put to death. Ex. 21:12-14; Num. 35:30
5. If any person shall slay another through guile, either by poisonings or other such devilish practice, he shall be put to death. Ex. 21:11.
6. If any man or woman shall lie with any beast or brute creature, by carnal copulation, they shall surely be put to death, and the beast shall be slain and buried. Lev. 20:15, 16.
7. If any man lies with mankind as he lies with woman, both of them have committed abomination, they both shall surely be put to death. Lev. 20:13.
8. If any person commits adultery with a married or espoused wife, the adulterer and the adulteress shall surely be put to death. Lev. 20:10, 18:20; Deut. 22:23,24.
9. If any man shall forcibly, and without consent, ravish any maid or woman that is lawfully married or contracted, he shall be put to death. Deut. 22:25.
10. If any man steal a man or mankind, he shall be put to death. Ex. 21:16.
11. If any man rise up by false witness, wittingly and of purpose to take away any man's life, he shall be put to death. Deut. 19:16,18,19.
12. If any man shall conspire or attempt any invasion, insurrection, or rebellion against the Commonwealth, he shall be put to death.
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; unless it can be sufficiently testified that the parents have been very un-Christianly negligent in the education of such children, or so provoke them by extreme and cruel correction that they have been forced thereunto to preserve themselves from death, maiming. Ex. 21:15, 17; Lev. 20.
14. If any man have a stubborn and rebellious son of sufficient years and understanding, 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 hearken unto them, then may his father and mother, being his natural parents, lay hold on him and bring him to the magistrates assembled in Court, and testify unto them that their son is stubborn and rebellious and will not obey their voice and chastisement, but lives in sundry notorious crimes, such a son shall be put to death.


Children

Forasmuch as the good education of children is of singular behoof and benefit to any commonwealth; and whereas many parents and masters are too indulgent and negligent of their duty in that kind: It is therefore ordered by this Court, and authorized thereof, that the selectmen of every town in the several precincts and quarters where they dwell shall have a vigilant eye over their brethren and neighbors, to see first, that none of them shall suffer so much barbarism in any of their families, as not to endeavor to teach by themselves or others their children and apprentices so much learning as may enable them perfectly to read the English tongue, and knowledge of the capital laws, upon penalty of 20s for each neglect therein. Also, that all masters of families do, once a week, at least, catechize their children and servants in the grounds and principles of religion, and if any be unable to do so much, that then, at the least, they procure such children or apprentices to learn some short orthodox catechism, without book, that they may be able to answer to the questions that shall be propounded to them out of such catechisms by their parents or masters, or any of the selectmen where they shall call them to a trial of what they have learned in this kind. And further, that all parents and masters do breed and bring up their children and apprentices in some honest, lawful calling, labor, or employment, either in husbandry or some other trade profitable for themselves and to such masters of families, shall find them still negligent of their duty in the Commonwealth, if they will not nor cannot train them up in learning, to fit them for higher employments. And if any of the selectmen, after admonition by them given to such masters of families, shall, find them still negligent of their duty in the particulars aforementioned, whereby children and servants become rude, stubborn, and unruly, the said selectmen, with the help of two magistrates, shall take such children or apprentices from them and place them with some masters for years, boys till they come to twenty-one, and girls, eighteen years of age complete, which will more strictly look unto and force them to submit unto government, according to the
rules of this order, if by fair means and former instructions they will not be drawn unto it.


Cruelty

It is ordered by this Court, and authority thereof, that no man shall exercise any tyranny or cruelty toward any brute creatures, which are usually kept for the use of man.


Damages Pretended

It is ordered by this Court, that no man in any suit or action against another shall falsely pretend great damages or debts to vex his adversary; and if it shall appear any does so, the Court shall have power to set a reasonable fine on his head.


Ecclesiastical

Forasmuch as the open contempt of God's Word, and messengers thereof, is the desolating sin of civil states and churches, and that the preaching of the Word by those whom God does send is the chief ordinary means ordained by God for the converting, edifying, and saving the souls of the elect, through the presence and power of the Holy Ghost thereunto promised; and that the ministry of the Word is set up by God in His churches for those holy ends; and according to the respect or contempt of the same, and of those whom God has set apart for His own work and employment, the weal or woe of all Christian states, is much furthered and promoted.
It is therefore ordered and decreed, that if any Christian, so called, within this jurisdiction, shall contemptuously bear himself toward the Word preached, or the messengers that are called to dispense the same in any congregation, when he does faithfully execute his service and office therein, according to the Will and Word of God, either by interrupting him in his preaching, or by charging him falsely with an error, which he has not taught, in the open face of the church, or like a son of Korah, cast upon his true doctrine, or himself, any reproach to the dishonor of the lord Jesus, who has sent him, and to the disparagement of that His Holy Ordinance, and making God's ways contemptible and ridiculous, that every such person or persons, whatsoever censure the church may pass, shall, for the first scandal, be convented and reproved openly by the magistrates, at some lecture, and bound to their good behavior. And if a second time they break forth into the like contemptuous carriages, they shall either pay L 5 to the public treasure, or stand two hours, openly, upon a block or stool four foot high, upon a lecture day, with paper fixed on his breast written with capital letters, "AN OPEN AND OBSTINATE CONTEMNER OF GOD'S HOLY ORDINANCES," that others may fear and be ashamed of breaking out into the like wickedness.

It is ordered and decreed by this Court, and authority thereof, that wheresoever the ministry of the Word is established, according to the order of the Gospel throughout this jurisdiction, every person shall duly resort and attend thereunto respectively upon the Lord's Day, and upon such public fast days and days of thanksgiving as are to be generally kept by the appointment of authority. And if any person within this jurisdiction shall, without just and necessary cause, withdraw himself from hearing the public ministry of the Word, after due means of conviction used, he shall forfeit for his absence, from every such public meeting, 5s., all such offenses to be heard and determined by any one magistrate, or more from time to time.

Forasmuch as the peace and prosperity of churches, and members thereof, as well as civil rights and liberties, are carefully to be maintained: It is ordered by this Court and decreed, that the civil authority here established has power and liberty to see the peace, ordinances, and rules of Christ be observed in every church, according to His work; as also to deal with any church member in a way of civil justice, notwithstanding any church relation, office, or in ecclesiastical way, nor shall any church censure degrade or depose any man from any civil dignity, office, or authority he shall have in the Commonwealth...


Gaming

Upon complaint of great disorder, by the use of the game called shuffleboard, in houses of common entertainment, whereby much precious time is spent unfruitfully, and much waste of wine and beer occasioned: It is therefore ordered and enacted by the authority of this Court, that no person shall henceforth use the said game of shuffleboard in any such house, nor in any other house used as common for such purpose, upon pain for every keeper of such house to forfeit for every such offense 20s.; and for every person playing at the said game in any such house, to forfeit for every such offense 5s.; the like penalty shall be for playing in any place at any unlawful game...


Lying

Whereas truth in words as well as in actions is required of all men, especially of Christians, who are the professed servants of the Lord of Truth; and whereas all lying is contrary to truth, and some sorts of lies are not only sinful, as all lies are, but also pernicious to the public weal, and injurious to particular persons: it is therefore ordered by this Court, and authority thereof, that every person of the age of discretion, which is accounted fourteen years, who shall wittingly and willingly make or publish any lie which may be pernicious to the public weal, or tending to the damage or injury of any particular person, 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 has hereby power granted to hear and determine all offenses against this law, such persons shall be fined, for the first offense, 10s.; or if the party be... the stocks so long as the said Court or magistrate shall appoint, in some open place, not exceeding three hours... And for all such as being under age of 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 slander, or otherwise, by any proceeding upon this order...


Marriage

Forasmuch as many persons entangle themselves with rash and inconsiderate contracts for their future joining in marriage covenant, to the great trouble and grief of themselves and their friends, for the preventing thereof: It is ordered by the authority of this Court, that whosoever intends to join themselves in marriage covenant shall cause their purpose of contract to be published in some public place, and at some public meeting, in the several towns where such persons dwell, at the least eight days before they enter into such contract, whereby they engage themselves each to other; and that they shall forbear to join in marriage covenant at least eight days after the said contract.

And it is also ordered and declared, that no person whatsoever, male or female, not being at his or her own dispose, or that remains under the government of parents, masters, or guardians, or suchlike, shall either make or give entertainment to any motion or suit, in way of marriage, without the knowledge and consent of those they stand in such relation to, under the severe censure of the Court, in case of delinquency not attending this order; nor shall any third persons intermeddle in making any motion to any such without the knowledge and consent of those whose government they are under the same penalty...



Schools

It being one chief project of that old deluder, Satan, to keep men from the knowledge of the Scriptures, as in former times, keeping them in an unknown tongue, so in these latter times, by persuading them from the use of tongues, to that at least the true sense and meaning of the original might be clouded with false glosses of saint-seeming deceivers; and that learning may not be buried in the grave of our forefathers in church and Commonwealth... It is therefore ordered by this Court... that every township within this jurisdiction, after the Lord has increased them to the number of fifty householders, shall then forthwith appoint one within their town to teach all such children, as shall resort to him, to write and read, whose wages shall be paid either by the parents or masters of such children or by the inhabitants in general, by way of supply, as the major part of those who order the prudentials of the town shall appoint; provided that those who send their children be not oppressed by paying much more than they can have them taught for in other towns.

And it is further ordered, that where any town shall increase to the number of one hundred families or householders, they shall set up a grammar school, the masters thereof being able to instruct youths so far as they may be fitted for the university. And if any town neglect the performance hereof, above one year, then every such town shall pay L 5 per annum to the next such school till they shall perform this order. The propositions concerning the maintenance of scholars at Cambridge, made by the commissioners, is confirmed.