refuse to give due price, answerable to what others offer, without fraud), but to some one or other of the free burgesses or free inhabitants of the same town."

"That if such lands be sold by any others, the sale shall be made with reservation of such a rent charge, to be paid to the town stock or treasury of the town, as either the former occupiers of the land were wont to pay towards all the public charges thereof, whether in church or town; or at least after the rate of three shillings per acre, or some such like proportion, more or less, as shall be thought fit."

For the supporting of the worship of God in church fellowship, it was ordered "that wheresoever the lands of any man's inheritance shall fall, yet no man shall set his dwelling house above the distance of half a mile, or a mile at the farthest, from the meeting of the congregation, where the church doth usually assemble for the worship of God.”

"If a man have more sons than one, then a double proportion to be assigned and bequeathed to the eldest son, according to the law of nature; unless his own demerit do deprive him of the dignity of his birth."

Under the head of trespasses, the following is found "If a man's ox, or other beast, gore or bite, and kill a man or woman, whether child or riper age, the beast shall be killed, and no benefit of the dead beast reserved to the owner. But if the ox, or beast were wont to push or bite in time past, and the owner hath been told of it, and hath not kept him in, then both the ox, or beast shall be forfeited and killed, and the owner also put to death, or fined to pay what the judges and persons dammified, shall lay upon him."

Less henious Crimes.

"Forcing a maid, (or rape), was not to be punished with death by God's law; but with fine or penalty to the father of the maid-by marriage of the maid defiled, if she and her father consent; or with corporal punishment of stripes for his wrong, as a slander."

"Fornication, to be punished with the marriage of the maid, giving her a sufficient dowry; or with stripes, though fewer, from the equity of the former case."

In time of war "men betrothed and not married, or

newly married, or such as have newly built or planted, and not received the fruits of their labor, and such as are faint hearted men, are not to be pressed or forced against their wills, to go forth to wars.-Deut. 20; 5, 6, 7, 8. and 24; 5. All wickedness to be removed out of the camp, by severe discipline.-Deut. 23; 9, 14. And in war, men of a corrupt and false religion are not to be accepted, much less sought for.-2 Chron. 25; 7, 8. Women, especially such as have not lain by man-little children, and cattle, are to be spared and reserved for spoil-Deut. 20; 14. Some minister to be sent forth to go with the army, for their instruction and encouragement-Deut. 20; 2,3, 4."

66

Every town was to have judges within themselves, who were empowered, once in each month, or in three months at the farthest, to hear and determine civil as well as criminal causes which were not capital: reserving liberty of appeal to the court of governor and assistants -Deut. 16; 18. In defect of a law in any case, the decision was to be by the word of God."

An abstract of the laws was published in London, by William Aspinwall in 1641-"Wherein," says he, " as in a mirror, may be seen the wisdom and perfection of Christ's kingdom, accommodable to any state or form of government in the world, that is not antichristian and tyrannical." In an address to the reader, he says, "Concerning which model, I dare not pronounce, that it is without imperfection in every particular; yet this I dare be bold to say, that it far surpasseth all the municipal laws and statutes of any of the Gentile nations and corporations under the cope of Heaven." Laws of a similar nature were adopted in Connecticut, about this time; they were twelve in number, and are inserted in Trumbull's History, Vol. i. p. 123.

In a community where such laws are deemed necessary, it will not appear strange that victims should be found, on which to execute them. And thus it soon happened in Massachusetts. The year they were printed, Margaret Jones, of Charlestown, was indicted for the pretended crime of witchcraft; found guilty, and executed. Hubbard says, "she was proved to have so malignant a touch, that if she laid her hands upon man,

woman or child, in anger, they were presently seized with deafness, vomiting, or other sickness, and some violent pains." Soon after the execution, Jones the husband of the unfortunate woman, having engaged a passage to Barbadoes, in a vessel, lying in Charles river, on board of which were eighty horses, the vessel of a sudden commenced a violent rolling, and without any apparent cause was in great danger of oversetting. The credulous court, then in session in Boston, despatched an officer with a warrant to seize Jones, which he effected; on which the vessel, after twelve hours of violent tumbling, ceased her frenzy and became quiescent; but the unfortunate man was committed to prison, to answer for his crime.

Among the laws that had been adopted in Massachusetts at this time, none provided for the punishment of the Quakers, a sect that appeared in New England about this time: Professing principles deemed dangerous to religion, several of these people were brought before the court of assistants in Massachusetts, on a charge of heresy examined, imprisoned and sentenced to banishmant. At the session of the general court in October the same year, an act passed, laying a penalty of one hundred pounds upon the master of any vessel, who should bring a known Quaker into any part of the colony; and the Quaker was to be immediately sent to the house of correction-whipped twenty stripes, and put to hard labor until transported. For importing and dispersing Quaker books, or defending their opinions, a penalty of five pounds was imposed. The next year an additional law was passed, by which all persons were subjected to a fine of forty shillings, for each hour they should entertain a Quaker; and any one of the sect, on the first conviction, if a male, was to loose an ear, and on a second conviction for the same offence, to loose the other; if a female, to be severely whipped, and for the third offence, whether male or female, the tongue to be bored through with a red hot iron. By a subsequent law a penalty of ten shillings was imposed on every person who should attend on a Quaker meeting, and five pounds, on any who should address the audience.

These laws being found insufficient for crushing the

heresy, the same year another was passed for punishing with death, all Quakers who should return into the jurisdiction of the province, after banishment; and several who presumptuously returned, were apprehended, and suffered the severity of this sanguinary law, at Boston. At length, king Charles the 2d, through the advice of some of the friends of the Quakers in England, put an end to the capital punishments.

Plymouth and Connecticut colonies, though they partook of the persecuting spirit, and were equally tenacious of their religious rites, exhibited a little less violence. But New Haven passed laws which evinced a bigotry little short of that of Massachusetts. A Quaker was not permitted to remain within their jurisdiction, beyond the time limited by a civil magistrate, and when on business by permission, one or more persons were to attend upon him at his own charge, "for the prevention of hurt to the people." The penalties for disobedience were, whipping, imprisonment, labor, and deprivation of converse with all persons; for the second offence, branding in the hand, imprisonment, and hard labor; for the third, the last punishment to be repeated; and for the fourth offence, the tongue to be bored through with a red hot iron, followed by imprisonment. Any person who should bring a known Quaker, or other blasphemous heretic into the province, to forfeit the sum of fifty pounds; and any person who should attempt to defend Quaker sentiments, for the third offence, to be banished.

Application was made to Rhode Island to join in measures to suppress the Quakers; but persecution was not congenial to people who had already experienced its fury. In their answer to the other provinces, they say, "we shall strictly adhere to the foundation principle, on which this colony was first settled." This was, "that every man who submits peaceably to the civil authority, may peaceably worship God, according to the dictates of his own conscience without molestation." A rare instance of liberality, not to be found in any other country at this dark age; and hardly to have been expected among a people who were viewed "as the drain and sink of New England"; and where, "if any man had lost his religion,

he might find it among such a general muster of opinionists."

That the first Quakers who appeared in New England were in some instances, disorderly enthusiasts-disturbers of the peace, highly indecent in their conduct, and totally the reverse of those of the present day, is evident from the histories of the times. But the sanguinary proceedings against them, cannot be justified on any grounds. In cases of breaking of the peace, and when they disturbed the religous worship of others, they justly deserved punishment; but they were not amenable to any earthly tribunal for their religious opinions. Thanks to a more liberal spirit, the result of an enlightened philosophy, we are exempted from such burning zeal! Errors in religious sentiments are now to be combated with weapons that inflict no fatal wounds, and enlightened men are convinced that they can render no service to their Maker, by destroying their fellow creatures for errors of opinion.

While the Quakers were suffering the rigid penalties of the laws, the general court of Massachusetts, "lamenting the inefficacy of former declarations, and orders against excess of apparel, both of men and women," passed a sumptuary law, which, though it may excite a smile at this day, will not, on reflection, be considered in a high degree reprehensible for a people under their circumstances. By this law, "no person whose visible estate did not exceed the sum of two hundred pounds, should wear any gold or silver lace or gold and silver buttons, or any bone lace, above two shillings per yard, or silk hoods or scarves, under the penalty of ten shillings for every offence." The law authorised and required the selectmen of each town, "to take notice of the apparel of any of the inhabitants, and to assess such persons as they shall judge to exceed their rank and abilities, in the costliness or fashion of their apparel, in any respect, especially in wearing ribbons and great boots, at £200 estates, according to the proportion which such men used to pay, to whom such apparel is suitable and allowed." An exception however was made in favor of "public officers and their families; and of those whose education and employments have been above the ordi