Ch. 3.4. Primary Source: The Laws and Liberties of Massachusetts Bay, part 2
Ecclesiastical [i.e., the Establishment and Organization of Churches]
[1] 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 liberty to gather themselves into a church estate, provided they do it in a Christian way with due observation of the rules of Christ revealed in his word. Provided also that the General Court does not, nor will hereafter, approve of any such companies of men…unless they shall acquaint the magistrates and the elders of the neighboring churches…& have their approbation…
[2] And it is further ordered that no person being a member of any Church which shall be gathered without the approbation of the magistrates…shall be admitted to the freedom of this commonwealth…
[14] It is ordered…that wheresoever the ministry of the word is established…every person shall duly resort and attend thereunto respectively upon the Lord’s days & upon such public fast days & 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 five shillings… [1646]
[15] …It is ordered…that the civil authority here established has power…to see [that] the peace, ordinances and rules of Christ be observed in every church according to his word. As also to deal with any church member in a way of civil justice notwithstanding any church relation, office, or interest; so it be done in a civil and not in an 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. [1641]
Elections
[1] It is ordered by this Court…that for the yearly choosing of Assistants for the time to come instead of papers the freemen shall use Indian corn and beans. The Indian corn to manifest election, the beans for blanks. And that if any freeman shall put in more than one Indian corn or bean for the choice or refusal of any public officer, he shall forfeit for every such offence ten pounds. And that any man that is not free or otherwise has not liberty of voting, putting in any vote shall forfeit the like sum of ten pounds. [1643]
[4] It is decreed…that it is the constant liberty of the freemen of this jurisdiction to choose yearly at the court of election out of the freemen all the general officers of this jurisdiction… By general officers we mean our Governor, Deputy Governor, Assistants, Treasurer… and such others as are, or hereafter may be of the like general nature. [1641]
Fornication
It is ordered by this court…, that if any man shall commit fornication with any single woman, they shall be punished either by enjoining to marriage, or fine, or corporal punishment, or all or any of these as the judges in the courts of assistants shall appoint most agreeable to the word of God… [1642]
Gaming
[1] Upon complaint of great disorder by the use of the game called shuffle-board, in houses of common entertainment, whereby much precious time is spent unfruitfully and much waste of wine and beer occasioned, it is therefore ordered:
[2] 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 pain 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 every such offence five shillings: Nor shall any person at any time play or game for any money, or money-worth upon penalty of forfeiting treble the value thereof: one half to the party informing, the other half to the treasury… [1646 1647]
Heresy [prohibited religious beliefs]
[1] Although no human power be Lord over the faith & consciences of men, and therefore may not constrain them to believe or profess against their consciences: yet because such as bring in damnable heresies, tending to the subversion of the Christian Faith, and destruction of the souls of men, ought duly to be restrained from such notorious impiety, it is therefore ordered and decreed by this Court:
[2] That if any Christian within this jurisdiction shall go about to subvert and destroy the Christian faith and religion, by broaching or maintaining any damnable heresy, as denying the immortality of the soul, or the resurrection of the body…, or denying that Christ gave himself a ransom for our sins, …or shall endeavor to seduce others to any of the heresies aforementioned, every such person continuing obstinate therein after due means of conviction shall be sentenced to banishment. [1646]
Idleness
It is ordered by this court…, that no person, householder or other, shall spend his time idly or unprofitably, under pain of such punishment as the Court of Assistants or county court shall think meet to inflict. And for this end it is ordered that the constable of every place shall use special care and diligence to take knowledge of offenders in this kind, especially of common coasters [loafing along the shore, or sledding], unprofitable fowlers and tobacco takers, and present the same unto the two next Assistants, who shall have power to hear and determine the cause, or transfer it to the next court. [1633]
Jesuits [an order of Catholic monks and missionaries; at the time ‘I’ and ‘J’ were often interchangeable, so this title occurs among the ‘I’ topics]
[1] 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 raised and fomented chiefly by the secret underminings and solicitations of those of the Jesuit Order, men brought up and devoted to the religion and court of Rome, it is ordered:
[2] That no Jesuit, or spiritual or ecclesiastical person…ordained by the authority of the Pope or See of Rome, shall henceforth at any time…come within this jurisdiction. And if any person shall give just cause of suspicion that he is one of such society or order he shall be brought before some of the magistrates, and if he cannot free himself of such suspicion he shall be committed to prison, or bound over to the next Court of Assistants, to be tried and proceeded with by banishment or otherwise as the court shall see cause. And if any person so banished shall be taken the second time within this jurisdiction upon lawful trial and conviction he shall be put to death… [1647]
Indians
[1] It is ordered…that no person whatsoever shall henceforth buy land of any Indian, without license…of the General Court. And if any shall offend herein, such land so bought shall be forfeited to the Country.
Nor shall any man within this jurisdiction…amend, repair, or cause to be…repaired any gun, small or great, belonging to any Indian…, nor shall sell or give to any Indian…any such gun, or any gun-powder, shot or lead, or…any military weapons or armor, upon pain of ten pounds fine, at the least, for every such offence. And…the Court of Assistants shall have power to increase the fine, or to impose corporal punishment where a fine cannot be had, at their discretion.
It is ordered…that every town shall have power to restrain all Indians from profaning the Lord’s day. [1633 1637 1641]
[2] Whereas it appears…that notwithstanding the former laws made against selling of guns, powder and ammunition to the Indians, they are yet supplied by indirect means, it is therefore ordered…that if any person…shall sell, give or barter any gun or guns, powder, bullets, shot or lead to any Indian whatsoever…he shall forfeit for every gun so sold, given or bartered ten pounds: and for every pound of powder five pounds: and for every pound of bullets, shot or lead forty shillings: and so proportionately… [1642]
[3] It is ordered…that in all places the English and such others as co-inhabit within our jurisdiction shall keep their cattle from destroying the Indians’ corn, in any ground where they have right to plant. And if any of their corn be destroyed for want of fencing, or herding; the town shall make satisfaction…, provided that the Indians shall make proof…
And for encouragement of the Indians toward the fencing in their corn fields, such towns, farms or persons, whose cattle may annoy them that way, shall direct, assist and help them in felling of trees…, sharpening of rails, & holing of posts, allowing one English-man to three or more Indians… Provided that such Indians [within English jurisdiction]…shall fence such their corn fields or ground at their own charge as the English do or should do… [1640, 1648]
[4] Considering that one end in planting these parts was to propagate the true Religion unto the Indians, and that divers of them are become subjects to the English and have engaged themselves to be willing and ready to understand the Law of God, it is therefore ordered…that such necessary and wholesome laws, which are in force, and may be made…to reduce them to civility of life, shall be once in the year (if the times be safe) made known to them, by such fit persons as the General Court shall nominate, having the help of some able Interpreter with them.
Considering also that interpretation of tongues is appointed of God for propagating the truth…, it is therefore further ordered…that two ministers shall be chosen by the elders of the churches every year at the Court of Election, and so be sent…to make known the heavenly counsel of God among the Indians in most familiar manner, by the help of some able Interpreter…
And it is further ordered…that no Indian shall at any time powwow, or perform outward worship to their false gods or to the devil, in any part of our jurisdiction… And if any shall transgress this law, the powwower shall pay five pounds; the procurer five pounds; and every other countenancing by his presence or otherwise being of age of discretion twenty shillings. [1646]
Innkeepers, Tippling, Drunkenness
[1] Forasmuch as there is a necessary use of houses of common entertainment in every commonwealth, and of such as retail wine, beer and victuals, yet because there are so many abuses of that lawful liberty, 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…:
[2] That no person or persons shall at any time…undertake to be a common victualer, keeper of a cook’s shop or house for common entertainment, taverner, or public seller of wine, ale, beer or strongwater [liquor] (by retail), nor shall any sell wine privately in his house or out of doors…, without approbation of the selected townsmen and license of the shire court where they dwell, upon pain of forfeiture of five pounds for every such offence, or imprisonment at pleasure of the Court, where satisfaction cannot be had.
[3] And every person so licensed for common entertainment shall have some inoffensive sign obvious for strangers’ direction, and such as have no such sign after three months…shall lose their license… And any licensed person that sells beer shall not sell any above two-pence the ale-quart…
[4] Neither shall any such licensed person aforesaid suffer any to be drunken, or drink excessively, that is: above half a pint 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 penalty of five shillings for every such offence.
[5] And every person found drunken, that is, 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… And for want of payment such shall be imprisoned until they pay, or be set in the stocks one hour or more…as the weather will permit, not exceeding three hours at one time…
[6] Also it is ordered that in all places where weekday lectures [church lessons] are kept, all taverners, victualers and tablers that are within a mile of the meeting-house, shall from time to time clear their houses of all persons able to go to the meeting…
[7] Lastly, it is ordered…that all constables may and shall from time to time duly make search throughout the limits of their towns upon Lord’s days and Lecture days, in times of exercise [i.e., during the meetings], and also at all other times, so often as they shall see cause for all offences and offenders against this law in any of the particulars thereof… [1645, 1646, 1647]
Lying
[1] Whereas truth in words…is required of all men…, it is…ordered by this Court, 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, 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…,
[2] Such person shall be fined for the first offence ten shillings, or if the party 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…, the sum of twenty shillings, or be whipped upon the naked body not exceeding ten stripes. And for the third offence that way forty shillings, or if the party be unable to pay, then to be whipped with more stripes, not exceeding fifteen…
[3] 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 [that] any magistrate shall so appoint… [1645]
Masters, Servants, Laborers
[1] It is ordered by this Court…, that no servant, either man or maid, shall either give, sell, or truck any commodity whatsoever without license from their masters, during the time of their service, under pain of fine or corporal punishment at the discretion of the Court…
[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 [i.e., secretly] go away with suspicion of ill intentions, it shall be lawful for the… magistrate or the constable…to press [i.e., seize] men and boats…at the public charge [i.e., at public expense] to pursue such persons by sea or land and bring them back by force of arms.
[4] It is also ordered…that the freemen of every town may…agree among themselves about the…rates of all workmen’s, laborers,’ and servants’ wages… And whosoever shall exceed those rates…shall be punished by the discretion of the court of that shire… And if any town shall have cause of complaint against the freemen of any other town for allowing greater rates or wages than themselves, the Quarter Court of that shire shall from time to time set order therein…
[6] It is ordered…that if any servant shall flee from the tyranny and cruelty of his or her master to the house of any freeman of the same town, they shall be there protected and sustained till due order be taken for their relief…
[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…, he shall let them go free from his service, and shall allow such further recompense 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 empty. And if any have been unfaithful, 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 authority. [1630, 1633, 1635, 1636, 1641]
Poor
It ordered by this Court…, that any Shire Court, or any two magistrates out of court shall have power to determine all differences about lawful settling and providing for poor persons; and shall have power to dispose of all unsettled persons into such towns as they shall judge to be most fit for the maintenance and employment of such persons and families, for the ease of the country. [1639]
Strangers
It is ordered…that no town or person shall 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 [a] magistrate, upon pain of…such fine…as that County Court shall impose, not exceeding fifty pounds, nor less than ten pounds… Also, that all constables shall inform the courts of newcomers which they know to be admitted without license… [1637, 1638, 1647]
Swine
[1] It is ordered…that every township within this jurisdiction…are hereby required…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 where towns border each upon other, whose orders may be various, satisfaction shall be made according to the orders of that town where the damage is done.
[2] But if the swine be sufficiently ringed and yoaked, as the orders of the town to which they belong requires, then where no fence is, or that it be insufficient through which the swine come to trespass, the owner of the land or fence shall bear all damages.
Tobacco
[1] This Court, finding that since the repealing of the former laws against tobacco, the same is more abused than before, does therefore order: That no man shall take any tobacco within twenty poles of any house, or so near as may endanger the same, or near any barn, corn, or hay-cock as may occasion the firing thereof, upon pain of ten shillings for every such offence, besides full recompense of all damages…
[2] Nor shall any take tobacco in any inn 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 thereat, which if any do, then such person shall forthwith forbear, upon pain of two shillings sixpence for every 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…that no man shall be forced by torture to confess any crime against himself or 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 case be of that nature that it is very apparent there be other conspirators or confederates with him, then he may be tortured, yet not with such tortures as be barbarous and inhumane.
And that no man shall be beaten with above forty stripes for one fact at one time. Nor shall any man be punished with whipping, except he has not otherwise to answer the law, unless his crime be very shameful, and his course of life vicious and profligate. [1641]
Source: The full text is in The Laws and Liberties of Massachusetts (Cambridge: Harvard University Press, 1929), with an introduction by Max Farrand. About a third of the original is reprinted in Donald S. Lutz, The Colonial Origins of the American Constitution: A Documentary History (Indianapolis: Liberty Fund, 1998), 101-32. Lutz’s excerpt, from which the selections below are drawn, is available online at the Liberty Fund’s site on the Laws and Liberties of Massachusetts.