JOHN REYNOR.

[246] _M^r. Partrich his writing, in ans: to y^e questions._

What is y^t sodomiticall acte which is to be punished with death?

Though I conceive probable y^t a voluntary effusion of seed per modum

concubitus of man with man, as of a man with woman, though in

concubitu ther be not penetratio corporis, is y^t sin which is

forbiden, Levit: 18. 22. & adjudged to be punished with death, Levit:

20. 13. because, though ther be not penetratio corporis, yet ther may

be similitudo concubitus muliebris, which is y^t the law specifieth;

yet I dar not be con-[EK] (1.) because, Gen: 19. 5. y^e intended acte

of y^e Sodomits (who were y^e first noted maisters of this unnaturall

act of more then brutish filthines) is expressed by carnall copulation

of man with woman: Bring them out unto us, y^t we may know them;

(2^ly.) because it is observed among y^e nations wher this unnaturall

unclainnes is co[=m]ited, it is w^th penetration of y^e body; (3^ly.)

because, in y^e judiciall proceedings of y^e judges in England, y^e

indict: so rune (as I have been informed).

Q. How farr may a magistrat extracte a confession of a capitall crime

from a suspected and an accused person?

Ans. I conceive y^t a magistrate is bound, by carfull examenation of

circomstances & waighing of probabilities, to sifte y^e accused, and

by force of argumente to draw him to an acknowledgment of y^e truth;

but he may not extracte a confession of a capitall crime from a

suspected person by any violent means, whether it be by an oath

imposed, or by any punishmente inflicted or threatened to be

inflicted, for so he may draw forth an acknowledgmente of a crime from

a fearfull i[=n]ocente; if guilty, he shall be compelled to be his

owne accuser, when no other can, which is against y^e rule of justice.

Q. In what cases of capitall crimes one witnes with other

circomstances shall be sufficente to convicte; or is ther no

conviction without two witnesses?

Ans: I conceive y^t, in y^e case of capitall crimes, ther can be no

safe proceedings unto judgmente without too witnesses, as Numb: 35.

30. Deut: 19. 15. excepte ther can some evidence be prodused as

aveilable & firme to prove y^e facte as a witnes is, then one witnes

may suffice; for therin y^e end and equitie of y^e law is attained.

But to proceede unto sentence of death upon presumptions, wher

probably ther may subesse falsum, though ther be y^e testimony of one

wittnes, I supose it cannot be a safe way; better for such a one to be

held in safe custodie for further triall, I conceive.

Bradford's History of 'Plimoth Plantation' From the Original Manuscript. With a Report of the Proceedings Incident to the Return of the Manuscript to Massachusetts · 第 76 / 96 题