Acts and laws passed by the great and general court or assembly of Their Majesties province of the Massachussets-bay, in New England begun at Boston, the eighth day of June 1692, and continued by adjournment, unto Wednesday the twelfth day of October following : being the second sessions.

An Act, For the Punishing of Capital Offenders.

BE it Ordained and Enacted by the Governour Council and Representa∣tives in General Court assembled. And by the authority of the same.

That all and every of the Crimes and Offences in this present Act hereafter mentioned be and hereby are declared to be Felony.

And every Person and Persons Committing any of the said Crimes or Of∣fences, being thereof-Legally Convicted, shall be Adjudged to Suffer the Pains of Death.

IF any Man shall have or Worship any o∣ther god, but the TRUE GOD. he shall be put to death.

If any Man or Woman be a WITCH; that is, hath or consulteth with a Familiar Spirit, they shall be put to death.

If any person shall presume to Blaspheme the Holy Name of GOD, FATHER, SON, or HOLY GHOST, either by wilful or ob∣stinate denying the True God or His Creati∣on, or government of the World, or shall Curse God in like manner, or Reproach the Holy Religion of God, as if it were but a Politick Device to keep Ignorant people in Awe, or shall utter any other kind of Blas∣phemy of the like nature or degree; he shall be put to death.

If any person or persons shall compass or i∣magine the Death of Our Soveraign Lord the King or of Our Lady the Queen, or shall Levy War against Our said Lord and Lady the King and Queen, or adhere unto Their Enemies, giving to them aid and comfort, and thereof be attainted or convicted of open Deed by their Peers upon the Testimony and Deposition of Two lawful and credible Wit∣nesses on Oath, brought before the Offender Face to Face, at the time of his Arraignment; or Voluntary confession of the Party Arraign∣ed: Then every such person and persons so as aforesaid Offending shall be deemed, decla∣red,

and adjudged to be Traitors, and shall suf∣fer the Pains of death, and also Lose and For∣feit as in cases of High-Treason.

If any person shall commit Wilful-Murder upon premeditated Malice, Hatred, Cruelty, or sudden Heat of Anger: Every such person shall be put to death.

If any person shall Slay another through Guile, either by Poysoning, or other Devillish Practice; every such person, their Aiders, Abet∣tors, Procurors, and Councellors, shall suffer death, as in case of Wilful-Murder.

If any Woman be delivered of any Issue of her body, Male or Female, which if it were born alive, should by Law be a Bastard; And that she endeavour privately, either by Drowning, or secret Burying thereof, or any other way; either by her self, or the procuring of others, so to conceal the death thereof, that it may not come to light, whether it were Born alive or not, but be concealed. In every such case the Mother so Offending, shall suffer death as in case of Murder; Except such Mother can make proof by one Witness at the least, that the Child whose death was by her so intended to be concealed, was born dead.

If any Man lieth with MANKIND, as he lieth with a Woman, they both shall be put to death.

If any Man or Woman have carnal Copu∣lation with any BEAST, or Bruit-Creature, they shall be put to death, and the Beast shall be slain and burned.

If any Persons commit Incest in any of the particular instances, made capital by the Law of God, they shall be put to Death.

If a Man shall Ravish any Woman commit∣ting carnal copulation with her by force, a∣gainst her will, he shall be put to death.

If any Man shall unlawfully and carnally know and abuse any Woman child, under the age of Ten Years, every such unlawful and carnal knowledge shall be Felony: And the Offender thereof, being duly convict shall suffer as a Felon.

If any Person of the Age of Sixteen Years, and upwards, shall VVittingly VVillingly and Feloniously Burn or cause to be Burned any Dwelling House, Meeting-House, Store-house, or Ship, or shall in like manner set on Fire a∣ny Out-house, Barn, Stable, Stack of Hay, Corn or Wood; Whereby any Dwelling∣house, Meeting-house Store-house, or Ship, shall happen to be Burned: Every such Of∣fender shall be put to death.

If any shall Piratically and Feloniously Seiz any Ship or other Vessel, whether in the Har∣bour,

or on the High Seas; Or shall Rise up in Rebellion against the Master, Offi∣cer, Merchant or Owner of any such Ship, or other Vessel and Goods, and Dispoil and Dis∣possess them thereof and Exclude the right Owners or those betrusted on their behalf, E∣very such Offender together with their Com∣plices, being Legally Convicted thereof, shall be put to death.

Provided always that any of such Compa∣ny (who through fear or force have been deemed to comply with such wicked Action) shall upon their first Arrival in any Port or Harbour speedily repair to some Justice of the Peace and make Discovery of such Piracy, they shall not be liable to the aforesaid Penalty of Death.

Notes

• Idolatry.
• Witcheraft
• Blasphemy
• High Treason
• Murder
• Poysoning
• Concealment of the Death of a Bastard Child, pun∣isht as in case of Murder.
• Sodomy.
• Bestiality.
• Incest Levit. 20.11, 12. &c.
• Rape
• Burning
• Piracy