45. No man shall be forced by Torture to confesse any Crime against
himselfe nor any other unlesse it be in some Capitall case where he is
first fullie convicted by cleare and suffitient evidence to be guilty,
After which, if the cause be of that nature That it is very apparent
there be other conspiratours, or confederates with him, Then he may be
tortured, yet not with such Tortures as be Barbarous and inhumane.
46. For bodilie punishments we allow amongst us none that are inhumane,
Barbarous, or cruell.[67]
47. No man shall be put to death without the testimony of two or three
witnesses, or that which is equivalent there unto.
49. No free man shall be compelled to serve upon Juries above two
Courts in a yeare, except grand Jurie men, who shall hould two Courts
together at the least.
*50. All Jurors shall be chosen continuallie by the freemen of the
Towne where they dwell.
* * * * *
54. When so ever anything is to be put to vote, any sentence to be
pronounced, or any other matter to be proposed, or read in any Court
or Assembly, If the president or moderator thereof shall refuse to
performe it, the Major parte of the members of that Court or Assembly
shall have power to appoint any other meete man of them to do it, And,
if there _be just cause, to punish_ him that should and would not.[68]
* * * * *
57. When so ever any person shall come to any very suddaine untimely
and unnaturall death, Some Assistant, or the Constables of that Towne
shall forthwith summon a Jury of twelve free men to inquire of the
cause and manner of their death, and shall present a true verdict
thereof to some neere Assistant, or the next Court to be helde for that
Towne upon their oath.[69]
_Liberties more peculiarlie concerning the free men_
58. Civill Authorie hath power and libertie to see the peace,
ordinances and Rules of Christ observed in every church according to
his word, so it be done in a Civill and not in an Ecclesiastical way.
* * * * *
60. No church censure shall degrade or depose any man from any Civill
dignitie, office, or Authoritie he shall have in the Commonwealth.
* * * * *
62. Any Shire or Towne shall have libertie to choose their Deputies
whom and where they please for the General Court, So be it they be free
men, and have taken there oath of fealtie, and [be] Inhabiting in this
Jurisdiction.
* * * * *
66. The Freeman of everie Township shall have power to make such by
laws and constitutions as may concerne the wellfare of their Towne,
provided they be not of a Criminall, but onely of a prudentiall nature,
And that their penalties exceede not 20 sh. for one offence. And that
they be not repugnant to the publique laws and orders of the Countrie.
And if any Inhabitant shall neglect or refuse to observe them, they
shall have power to levy the appointed penalties by distresse.[70]
Public-domain text, read in full here on John Shaqi.
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