Postscript. His honest Cobler has done what he might: TH That Statesmen in their Shoes might walk upright. If all were shod with Gospel's lasting Peace; Jerome Bellamie. FINIS. ABSTRACT OF THE LAWES OF NEW ENGLAND As they are novv established. LONDON, Printed for F. Coules, and W. Ley at Paules Chain, 1641. AN ABSTRACT Of the Lavves of Nevy ENGLAND. F CHA P. I. Of Magistrates. Irst, All Magistrates are to be chosen. Deut. 1. 13. Secondly, Out of the free Burgesses. 17.15. Thirdly, Out of the ablest men and Ex.18.21. most approved amongst them. Fourthly, Out of the ranck of No- Eccl.10.17. ble men or Gentlemen among them, the best that God Ier.30.21. shall send into the Countrey, if they be qualified' with gifts fit for Government, either eminent above others, or not inferior to others. 2 The Governor hath power with the Assistants to governe the whole Countrey, according to the Laws established hereafter mentioned; He hath power of himselfe, and in his absence the Deputy Governor, to moderate all publike actions of the Common-wealth, as First, To send out warrants for the calling of the Iosh.24.1. generall Court. Secondly, To order and ransacke all actions in the Court where he sitteth: as, to gather Suffrages and Voyces, and to pronounce Sentences according to the greater part of them. 3 The power of the Governor with the rest of the Counsellors, is First, To consult and provide for the maintenance Num.11.4. of the State and People. to 16. Secondly, To direct in all matters wherein Appeale Ex.18.22. is made to them from inferiour Courts. Deu. 17.8.9. Thirdly, To preserve Religion. Ex.32.25.27 4 To 2 Cor. 19.11. 32 23.456. Ex. 17.9. Prov.24.5. 4 To oversee the Forts and Munition of the Countrey, and to take order for the protection of the Countrey from forraine invasion, or intestine sedition, as need shall require, with consent of the people to enterprise wars. And because these great affaires of the State cannot be attended, nor administred, if they be after chang1 Kings 12.6 ed; therefore the Counsellors are to be chosen for life, unlesse they give just cause of removall, which if they do, then they to be removed by the Generall Court. 4 The power of the Governor, sitting with the Ex. 18. 22. Counsellors and Assistants, is to heare and determine all causes whether Civill or Criminall, which are Deu.1.16.17. brought before him through the whole Commonwealth: Yet reserving liberty of Appeale from him to the generall Court. Deu. 16.18. & 12. 5 Every Town is to have Iudges within themselves, whose power shall be once in the month, or in three months at the furthest to heare and determine both Civil Causes and Pleas of lesse value, and crimes also, which are not capitall: Yet reserving liberty of Appeale to the Court of Governor and Assistants. 6 For the better expedition and execution of IusDeu. 16.18. tice, and of all affaires incident unto every Court. Ier. 36. 10. Every Court shall have certaine Officers, as a Secretary to inroll all the Acts of the Court: And besides Ministers of Iustice, to attach, and fetch, and set persons before the Magistrates: and also to execute the Sentence of the Court upon offenders: And for the same end, it shall be lawfull for the Governor or any 1 Sam. 20. one or two of the Counsellors, or Assistants, or Iudges, to give warrant to an Officer, to fetch any delinquent before them, and to examine the cause, and if Acts 5.26:27 he be found culpable of that crime, to take order by surety or safe custody for his apparance at the Court. 24.25. And further for the same end, and to prevent the offendours lying long in prison, it shall be lawfull for the Governor, with one of the Counsell, or any two of the Assistants or Iudges, to see execution done upon any offenders for any crime that is not capitall, according to the Lawes established: Yet still reserving a liberty of Appeale from them to the Court, and from an Inferiour Court to an Higher Court. CHAP. |