The 12 Capital Laws

THE 12 CAPITAL LAWS

Colonial Massachusetts

In 1641 twelve capital laws were established. In each the punishment was mandatory; each was given Scriptural sanctions. Here they are, with their Old Testament references:

1. If any man after legal conviction shall have or worship any other god but the Lord God he shall be put to death. Deut.13: 6, 17:2 Ex. 22:20

The ambiguity here is in the arrangement (as is often the case in early American rhetoric); the meaning being, of course, that the death sentence shall be executed after legal conviction.

2. If any man or woman be a witch (that’s if) hath or consulteth with a familiar spirit they shall be put to death. Ex. 22:18;Lev.20: 27; Deut. 18:20, 11.

3.If any man shall blaspheme the name of God the Father, Son or Holy Ghost, with direct, express, presumptuous or high-handed blasphemy, or shall curse God in like manner, he shall be put to death. Lev 24:15

4. If any person shall commit any willful murder, which is manslaughter upon malice, hatred, or cruelty, not in a man’s necessary and just defense, nor by mere casualty against his will, he shall be put to death. Ex. 21:12, 13, 14; Num 35:30, 31.

5. If any person shall slay another through guile, either by poisoning or other such devilish practice, shall be put to death Ex. 21:14

1. If any man or woman shall lie with a breast or brute creature by carnal copulation, they shall be put to death, and the best shall be slain or buried. Lev. 20:15, 16

1. If any man hath with mankind as he lithe with a woman, both of them have convicted abomination, they both shall surely be put to death. Lev. 20:13

1. If any person commenth adultery with a married or wife, the adulterer and the adulteress they shall be put to death. Lev. 20:10, 13, 20; Deut. 22:23, 24

1. If any man shall forcibly and without consent, savish any maid or woman that is lawfully married or contracted he shall be put to death. Deut. 22:25

1. If any man stealth (kidnaps) a man or mankind, he shall be put to death. Ex 21:16

1. If any man rise up by false witness wittingly and of purpose to take any mans life. He shall be put to death. Duet. 19:16, 18, 19

1. If any man rise up by false witness wittingly and of purpose to take away a man’s life, he shall be put to death.

To these were added, in 1650 two against children in accordance with Mosaic laws.

1. If any child or children above sixteen years old and of sufficient understanding shall curse or smite their natural father or mother, he or she shall be put to death unless it can be proven that the act was committed for self-defense.