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Conspiracie by the custome of their countrie was a capitall offence, and what custome or iustice might affoord they should be all sure to feele.

I hope to overtake her in your City, as I believe she will not incline to come so soon over as she leatly recev'd the news of her son's being kill'd in a dowell by one of the petit masters of this Capitall. The Deer hunting will be dangerous without a good set of hounds which will prove expencive and very trubelsome. If I don't hear upon recet I will conclude I am entirely neglected and dropt.

For example, the Law condemneth Duells; the punishment is made capitall: On the contrary part, he that refuseth Duell, is subject to contempt and scorne, without remedy; and sometimes by the Soveraign himselfe thought unworthy to have any charge, or preferment in Warre: If thereupon he accept Duell, considering all men lawfully endeavour to obtain the good opinion of them that have the Soveraign Power, he ought not in reason to be rigorously punished; seeing part of the fault may be discharged on the punisher; which I say, not as wishing liberty of private revenges, or any other kind of disobedience; but a care in Governours, not to countenance any thing obliquely, which directly they forbid.

But amongst the Israelites it was a Positive Law of God their Soveraign, that he that was convicted of a capitall Crime, should be stoned to death by the People; and that the Witnesses should cast the first Stone, and after the Witnesses, then the rest of the People.

Lesse than Capitall, are Stripes, Wounds, Chains, and any other corporall Paine, not in its own nature mortall. For if upon the Infliction of a Punishment death follow not in the Intention of the Inflicter, the Punishment is not be bee esteemed Capitall, though the harme prove mortall by an accident not to be foreseen; in which case death is not inflicted, but hastened.

From hence it is, that in all Dominions, where the Popes Ecclesiasticall power is entirely received, Jewes, Turkes, and Gentiles, are in the Roman Church tolerated in their Religion, as farre forth, as in the exercise and profession thereof they offend not against the civill power: whereas in a Christian, though a stranger, not to be of the Roman Religion, is Capitall; because the Pope pretendeth that all Christians are his Subjects.

But in case a great many men together, have already resisted the Soveraign Power Unjustly, or committed some Capitall crime, for which every one of them expecteth death, whether have they not the Liberty then to joyn together, and assist, and defend one another? Certainly they have: For they but defend their lives, which the guilty man may as well do, as the Innocent.

These things being declared the Court told Elizabeth Godman that they haue considered them, wth her former miscarriages, and see cause to order that she be comitted to prison, ther to abide the Courts pleasure, but because the matter is of weight, and the crime whereof she is suspected capitall, therefore she is to answer it at the Court of Magistrates in October next."

For whereas there were two orders of men, whereof one was Lords, the other Commons; The Lords had this Priviledge, to have for Judges in all Capitall crimes, none but Lords; and of them, as many as would be present; which being ever acknowledged as a Priviledge of favour, their Judges were none but such as they had themselves desired.

Though the grotesque wording and droll errors of these old psalm-books can, after the lapse of centuries, be pointed out and must be smiled at, there is after all something so pathetic in the thought of those good, scholarly old New England saints, hampered by poverty, in dread of attack of Indians, burdened with hard work, harassed by "eighty-two pestilent heresies," still laboring faithfully and diligently in their strange new home at their unsuited work, something so pathetic, so grand, so truly Christian, that when I point out any of the absurdities or failures in their work, I dread lest the shades of Cotton, of Sewall, of Mather, of Eliot, brand me as of old, "in capitall letters," as "AN OPEN AND OBSTINATE CONTEMNER OF GOD'S HOLY ORDINANCES," or worse still, with that mysterious, that dread name, "A WANTON GOSPELLER."