Records of the Court of Assistants of the Colony of the Massachusetts Bay, 1630-1692 ... (Google eBook)

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county of Suffolk, 1901 - Law reports, digests, etc
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Page 310 - April next, and that, at two o'clock in the afternoon of that day, you be taken thence to the place of execution, and there be hanged by the neck till you are dead! dead! dead ! And may the Almighty God have mercy on your soul...
Page viii - The people had long desired a body of laws, and thought their condition very unsafe while so much power rested in the discretion of magistrates.
Page vi - It is ordered by this Court and the authority thereof, That there shall never be any bond slavery, villenege, or captivity amongst us, unless it be lawful captives taken in just warrs, as willingly sell themselves, or are sold to us...
Page vii - ... cropped, and banished. But except in these particulars, and a few others of no great importance, the Mosaic law was not established in the colony. The people had good sense enough to see that it was not adapted to the circumstances and the times. No restriction was imposed upon them except that contained in the Charter, that no laws should be made repugnant to the laws of England ; and this was construed very liberally, to mean that no part of the English law was in force there till it was expressly...
Page viii - For that it would professedly transgress the limits of our charter, which provide, we shall make no laws repugnant to the laws of England, and that we were assured we must do. But to raise up laws by practice and custom had been no transgression ; as in our church discipline, and in matters of marriage, to make a law, that marriages should not be solemnized by ministers, is repugnant to the laws of England ; but to bring it to a custom by practice for the magistrates to perform it, is no law made...
Page viii - ... repugnant to the laws of England; but to bring it to a custom by practice for the magistrates to perform it, is no law made repugnant, etc. At length (to satisfy the people) it proceeded, and the two models were digested with divers alterations and additions, and abbreviated and sent to every town, to be considered of first by the magistrates and elders, and then to be published by the constables to all the people, that if any man should think fit, that any thing therein ought to be altered,...
Page 305 - Court that he is guilty and it is considered that he return to the place from whence he came and from thence to the place of Execution...
Page 200 - Confession will appeare contrary to the peace of our Soueraigne Lord the king his Croune & dignity the lawes of this Jurisdiction in that Case made & prouided title firing of houses = The prisoner at the barr pleaded & acknowledged hirselfe to be Guilty of ye fact. And accordingly the nex...
Page viii - Two great reasons there were, which caused most of the magistrates and some of the elders not to be very forward in this matter. One was, want of sufficient experience of the nature and disposition of the people, considered with the condition of the country and other circumstances, which made them conceive, that such laws would be fittest for us, which should arise pro re nata upon occasions &,c.
Page 309 - ... against the peace of our sovereign Lord and Lady the King and Queen, and against the form of the statute in that case made and provided.

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