An Abstract of the Laws of New England, as They Are Now Established.

Backwoods Presbyterian · #1 (**permalink**) 06-20-2008, 07:00 PM

I do not know if any of you have read this before but it is well worth your time.

An Abstract of the Laws of New England,
as They Are Now Established.
printed in London in 1641.
JOHN COTTON

Quote:

[This model] far surpasseth all the municipal laws and statutes of any of the Gentile nations and corporations under the cope of Heaven. Wherefore I thought it not unmeet to publish it to the view of all, for the common good. . . . Judge equally and impartially, whether there be any laws in any state in the world, so just and equal as these be. Which, were they duly attended unto, would undoubtedly preserve inviolable the liberty of the subject against all tyrannical and usurping powers. . . .
This Abstract may serve for this use principally (which I conceive was the main scope of that good man, who was the author of it) to show the complete sufficiency of the word of God alone, to direct his people in judgment of all causes, both civil and criminal.... But the truth is, both they and we, and other the Gentile nations, are loth to be persuaded to . . . lay aside our old earthly forms of governments, to submit to the government of Christ. Nor shall we Gentiles be willing I fear, to take up his yoke which is easy, and burthen light, until he bath broken us under the hard and heavy yokes of men, and thereby weaned us from all our old forms and customs. . . .
So that there will be a necessity, that the little stone, cut out of the mountain without hands should crush and break these obstacles ere the way can be prepared for erecting his kingdom, wherein dwells righteousness. -- And verily great will be the benefit of this kingdom of Christ, when it shall be submitted unto by the nations . . . [Ps. 95: 10; Isa. 66:12]. All burdens and tyrannical exactions will be removed; God will make their officers peace, and their exactors righteousness, Isa. 60:17.

Quote:

Capital Crimes in the Massachusetts
Body of Liberties ( 1641 )

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, 10 Deut. 17:2, 6 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
3.
If any man shall blaspheme the name of God the Father, Son, or Holy Ghost, with direct, express, presumptuous, or high handed blasphemy, or shall curse God in the like manner, he shall be put to death.
Lev. 25:15,16
4.
If any person commits any willful murder, which is manslaughter, committed upon premeditated 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; Num. 35:13; 14,30,31
5.
If any person slays another suddenly in his anger or cruelty of passion, he shall be put to death.
Num. 25 [351: 20,21; Lev. 24:17
6.
If any person shall slay another through guile, either by poisoning or other such devilish practice, he shall be put to death.
Ex. 21:14
7.
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, and not eaten.
Lev. 20:15, 16
8.
If any man lies with mankind as he lies with a woman, both of them have committed abomination, they both shall surely be put to death.
Lev. 20:13
9.
If any person commits adultery with a married or espoused wife, the adulterer and adulteress shall surely be put to death.
Lev. 20:19, and 18, 20 Deut. 22:23, 24
10.
If any person steals a man or mankind, he shall surely be put to death.
Ex. 21:16
11.
If any man rises 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 and attempt any invasion, insurrection, or public rebellion against our commonwealth, or shall endeavor to surprise any town or towns, fort or forts therein, or shall treacherously and perfidiously attempt the alteration and subversion of our frame of polity of government fundamentally, be shall be put to death.

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Christusregnat · #2 (**permalink**) 06-20-2008, 07:25 PM

Everybody knows that John Cotton lived in the Old Testament times... I remember reading something about not mixing him with linen, or something...

Adam

timmopussycat · #3 (**permalink**) 06-20-2008, 11:21 PM

[quote=Backwoods Presbyterian;425069]I do not know if any of you have read this before but it is well worth your time.

An Abstract of the Laws of New England,
as They Are Now Established.
printed in London in 1641.
JOHN COTTON[quote]

Short Historical note:
I don't think Cotton can be blamed for the title but it does contain an error. Cotton's laws (for he did write them) were never law in New England. In 1536 Cotton was asked together with some other ministers and magistrates to "assist some of the magistrates in compiling a body of fundamental laws". Cotton worked independently and presented his draft, but it did not become law at that time. In 1638 another committee, not including Cotton returned to the task. One of this committee was Nathaniel Ward whose, Body of Liberties was circulated among the towns in 1641 and for the next 7 years work continued on the project.

Cotton's work differs from what was finally approved in a very significant way. Cotton believed that the Mosaic judicials remained as obligatory as the moral law, the code that was utimately adopted did not do so.

For further details see Sameul T. Logan Jr. New England Puritans and the State in Theonomy: A Reformed Critique from which this summary is drawn.

Christusregnat · #4 (**permalink**) 06-22-2008, 02:36 AM

New England has been reeling ever since...

[quote=timmopussycat;425236][quote=Backwoods Presbyterian;425069]I do not know if any of you have read this before but it is well worth your time.

An Abstract of the Laws of New England,
as They Are Now Established.
printed in London in 1641.
JOHN COTTON

Quote:

Short Historical note:
I don't think Cotton can be blamed for the title but it does contain an error. Cotton's laws (for he did write them) were never law in New England. In 1536 Cotton was asked together with some other ministers and magistrates to "assist some of the magistrates in compiling a body of fundamental laws". Cotton worked independently and presented his draft, but it did not become law at that time. In 1638 another committee, not including Cotton returned to the task. One of this committee was Nathaniel Ward whose, Body of Liberties was circulated among the towns in 1641 and for the next 7 years work continued on the project.

Cotton's work differs from what was finally approved in a very significant way. Cotton believed that the Mosaic judicials remained as obligatory as the moral law, the code that was utimately adopted did not do so.

For further details see Sameul T. Logan Jr. New England Puritans and the State in Theonomy: A Reformed Critique from which this summary is drawn.

Christusregnat · #5 (**permalink**) 06-22-2008, 02:45 AM

Ah, I found the actual established laws:

The Winthrop Society: Descendants of the Great Migration

Let me quote from them:

"94. 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.

2. If any man or woman 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, Son or Holy Ghost, with direct, express, presumptuous or high handed blasphemy, or shall curse God in the like manner, he shall be put to death.

4. If any person commit any willful murder, which is manslaughter committed upon premeditated malice, hatred, or cruelty, and not in a man's necessary and just defense, nor by mere casualty against his will, he shall be put to death.

5. If any person slayeth another suddenly in his anger or cruelty of passion, he shall be put to death.

6. If any person shall slay another through guile, either by poisoning or other such devilish practice, he shall be put to death.

7. 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 and not eaten.

8. If any man lyeth with mankind (with another man in homosexual intercourse) as he lyeth with a woman, both of them have committed abomination, and they both shall surely be put to death.

9. If any person committeth adultery with a married or espoused wife, the adulterer and adulteress shall surely be put to death.

10. If any man stealeth a man or mankind (i.e.: kidnapping), he shall surely be put to death.

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.

12. If any man shall conspire and attempt any invasion, insurrection, or public rebellion against our Commonwealth, or shall indeavour to surprise any Town or Towns, fort or forts therein, or shall treacherously and perfidiously attempt the alteration and subversion of our frame of polity or government fundamentally, he shall be put to death."

I'd be happy even if we didn't get Cotton's version, but only these.

Cheers,

Adam

[quote=timmopussycat;425236][quote=Backwoods Presbyterian;425069]I do not know if any of you have read this before but it is well worth your time.

An Abstract of the Laws of New England,
as They Are Now Established.
printed in London in 1641.
JOHN COTTON

Quote:

Short Historical note:
I don't think Cotton can be blamed for the title but it does contain an error. Cotton's laws (for he did write them) were never law in New England. In 1536 Cotton was asked together with some other ministers and magistrates to "assist some of the magistrates in compiling a body of fundamental laws". Cotton worked independently and presented his draft, but it did not become law at that time. In 1638 another committee, not including Cotton returned to the task. One of this committee was Nathaniel Ward whose, Body of Liberties was circulated among the towns in 1641 and for the next 7 years work continued on the project.

Cotton's work differs from what was finally approved in a very significant way. Cotton believed that the Mosaic judicials remained as obligatory as the moral law, the code that was utimately adopted did not do so.

For further details see Sameul T. Logan Jr. New England Puritans and the State in Theonomy: A Reformed Critique from which this summary is drawn.