L. 2. p. 14. and forasmuch as all places are not fit and convenient for that end Liberty to keep Sheep on all Commons It is Ordered by this Court That henceforth it shall be lawful for any man to keep Sheep on any Common be it for Cows Oxen or otherwise belonging to the Town where he lives or where at that time he may have Right of Common and that without limitation Five sheep for one Cow in Commons not stinted and in such Commons that are stinted it shall be lawful for any Inhabitant to use any or all his proportion of Common for Sheep accounting five Sheep for one Cow Steer or Oxe and further it shall be lawful for the Select-men of every Town from time to time A. 56. p. 12. to make such Orders in their respective Towns Select-men to Order clearing of Commons for sheeps pasture for the clearing of their Commons of Wood and Brush for keeping of Sheep as also for the fines of putting Rams to their Flocks as they shall judge meet 2. It is further Ordered That if any man shall course Sheep with a Dog or otherwise molest them by driving them from their feeding he shall pay five shillings for every such offence Dogs killing sheep to be hanged besides double damages and if any dog shall kill any sheep the Owner shall either hang such dog or pay double damages for the sheep and if any dog hath been seen to course or bite Sheep before not being set on and his Owner hath had notice thereof then he shall both hang his dog and pay for such Sheep as he shall either bite or kill And if in such case he shall refuse to hang his dog then the Constable of the Town upon notice thereof shall forthwith cause it to be done 3. It is further Ordered A. 53. p. 18. That all Owners of Sheep who shall put their Wool so sale sheep to be washed before shorn shall and hereby are enjoyned yearly to wash their Sheep in clear water not being either salt brackish or dirty and shall take care they be not kept in dirty or sandy Ground wool to be made up clean between the time of washing and shearing And in making up the Fleeces to take care no short Locks Lumps of dirt or course Tails be wound up therein upon the penalty of forfeiture of twelve pence a Sheep for all and every defect aforesaid 1648 53 56. Ships Ship-Carpenters VVHereas the building of Ships is a business of great Importance for the Common good and therefore suitable care ought to be taken that it be well performed according to the commendable course of England and other places Surveyors appointed to view all ships in building It is therefore Ordered by this Court and the Authority thereof That when any Ship is to be Built within this Jurisdiction or any Vessel above thirty Tunns the Owner or Builder in his absence shall before they begin to Plank repair to the Governour or Deputy Governour or any two Magistrates upon the penalty of ten pounds who shall appoint some able man to survey the Work and Workmen from time to time as is usual in England and the same so appointed shall have such liberty and power as belongs to his Office Their power And if any Ship-Carpenter shall not upon his Advice Reform and Amend any thing which he shall finde to be amiss then upon complaint to the Governour or Deputy Governour or any two Magistrates they shall appoint two of the most sufficient Ship-Carpenters of this Jurisdiction and shall Authorize them from time to time as need shall require to take view of every such Ship and all works thereto belonging and to see that it be performed and carried on according to the Rules of their Art And for this end an Oath shall be Administred to them Oath to be faithful and indifferent between the Owner and the Work-man and their charges shall be born by such as shall be found in default Clarges And those Viewers shall have power to cause any bad Timbers or other insufficient Work or Materials to be taken out and amended at the charge of them through whose default it grows 1641 47. 2. It is Ordered by the Authority of this Court That all Ships which come for Trading only from other parts shall have free access into our Harbours and quiet Riding there Repealed and free liberty to depart without any molestation by us they paying all such duties and charges required by Law in the Country as others do 1645. THis Court having perused and considered the Letter received from his Majesties most Honourable Privy Council dated the 24 of June last relating to an Act of Parliament Entituled An Act for the Encouraging and Increasing of Shipping and Navigation As an Addition and Explanation of former Orders made by this Court concerning these Affairs Officers Authorized about shipping It is hereby Ordered and Enacted That the several Officers hereafter mentioned are hereby Deputed and Authorized to see that the said Act be performed so far as it concerns the Government of this Plantation both in seizing Ships or Vessels inhibibited by the said Act to Trade here taking Bonds of all Ships and Vessels that Lades in our Ports any Commodities expressed in the said Act of the Growth Product or Manusactory of the English Plantations who shall not produce certificate that they have given Bond already as the said Act requireth And in case of neglects or contempt to seize such Vessels or Ships that Lades the aforesaid Goods without giving Bond or shewing Certificates and to keep accounts of all such Ships and Vessels with the Names of the Masters that Lades here as aforesaid and return an account twice every year with Copies of the said Bonds and Certificates unto the Governour for the time being by him to be transmitted to London directed to the chief Officer there The Officers appointed are as followeth For the Ports of Boston and Charlstown Mr. Edward Rawson Their Names For Salem Marble-head and Glocester Mr. Hilliard Veren For the River of Pascataqua and Isle of Shoals and Ports adjacent Captain Brian Pendleton The Fees they are Authorized to take of every Ship-Master are For taking Bond and Transcribing the Copy five shillings For Receiving and Entring a Certificate And Fâ—eâ— two shillings six pence For giving Certificate and Recording it two shillings six pence Their part of seizures as the said Act directeth And that all imployed in this trust do from time to time make return of all Bonds and Certificates by them passed to Mr. Rawson who by the Governours Advice shall make return thereof for England as the Act of Parliament requireth Bonds of Ship-Masters c. And that Mr Rawson do from time to time present the Council of this Common-weal or in default thereof the Court of Assistants with true Accounts of all Bonds and Certificates and Copies of all
Letters that he shall send for England in any wise referring to this matter Moreover it is Ordered That the Secretary take special care forthwith to send by the first oportunity four Copies of the Councils and one of the Copies of the Act of Parliament relating thereunto to the four General Governments of New-England viz. Plimouth Connecticot New-Haven and Road Island 1663. Penalty for drinking healths c. in ships or vessels BE it also Enacted by the Authority of this Court That no Masters of Ships or Seamen having their Vessels Riding within any of our Harbours in this Jurisdiction shall presume to Drink Healths or suffer any Healths to be drunk within their Vessels by day or night or to shoot off any Gun after the Day-light is past or on the Sabbath-day on penalty for every Health twenty shillings and for every Gun so shot twenty shillings And the Captain of the Castle is hereby enjoyned to give notice of this Order to all Ships that pass by the Castle 1663. IT is Ordered by this Court and the Authority thereof That all Ships and Vessels above Twenty Tuns that Trade within our Ports belonging to other places Ships of Burden to pay half a pound of Powder the Tun or that the greater part of the Owners thereof are not Inhabitants of this Jurisdiction shall pay half a pound of Gun powder or the full value thereof in money for every Tun of Burthen they are of every Voyage they make hither towards Provisions for Publick Fortifications which is to be paid to the persons hereafter named or to whom they shall Depute under their hands For the Ports of Boston and Charls-town Major General Leveret For Salem and Marble-head Major William Hauthorn For Pascataqua River Mr. Richard Cutts And in case if Master or Commander of any such Ships or Vessels shall refuse upon Demand to pay the same it shall be lawful for the said Gentlemen or any one of them to send forth their Warrants to any Marshal or Constable to Distrein upon the Goods of such Master or Commander or on any of the Appurtinencies of their Vessels for the same with the charges thereof And the Gentlemen appointed as aforesaid shall be accountable to the General Court when called thereunto for what they shall receive by virtue of this Order and are to deliver the Powder or Money they have in their Hands once every year or oftener unto the Surveyor General excepting one shilling out of every twenty shillings they shall receive which shall be allowed them for Defraying their necessary charges thereabout 1667. TO prevent Calumny Reproach and Prejudice to this Colony and the Inhabitants and Trade thereof All trade 〈…〉 It is Ordered That no person shall henceforth Trade or Truck with any Vessel that shall Arrive upon our Coast until the same shall come under command and ride in our usual Harbours and have acknowledged the Government as the Law provides upon the penalties of all such Goods Traded and such further punishment as the Court of Assistants shall adjudge 1670. SPINNING THis Court taking into serious Consideration the present streights and necessities of the Country in respect of Cloathing A. 55. p. 11. which is not like to be so plentifully supplied from forreign parts as in times past and not knowing any better way or means conduceable to ouâ— subsistance then the improving of as many hands as may be in Spinning Wool Cotton Flax c. Select men to appoint how much each saâ—nily mall Spâ—â— Doth therefore Order and be it Ordered by the Authority of this Court That all hands not necessarily imployed on other occasions as Women Girls and Boyes shall and hereby are enjoyâ—ed to Spin according to their skill and ability and that the Select men in every Town do consider the condition and capacity of every family and accordingly do assess them at one or more Spinners And because several Families are necessarily imployed the greatest part of their time in other business yet if opportunities were attended sâ—me time might be spared at least by some of them for this work The said Select Men shall therefore Assess such Families at half and quarter Spinners according to their capacities And every one thus aforesaid for a whole Spinner shall for time to come Spin every Year for thirty Weeks three pound a Week of Linnen Cotton or Woollen and so proportionably for half and quarter Spinners under the penalty of twelve pence a pound short And the Select Men shall take special care for the Execution of the Order which may easily be effected by dividing their several Towns into ten six five c. parts and to appoint one of the ten six or five c. to take an account of their Divisions and to certifie the Select Men if any be defective in what they are Assessed who shall improve the penalties imposed on such as are negligent for the encouragement of those that are diligent in this work 1655. STRAYES Einders of goods to give notice to the Const to cry IT is Ordered by this Court and the Authority thereof That whosoever shall take up any Stray Beast or finde any Goods lost whereof the Owner is not known he shall give notice thereof to the Constable of the same Town within six dayes who shall enter the same in a Book and take Order that it be cryed at their next Lecture or General Town-meeting upon three several dayes And if it be above twenty shillings value at the next Market or two next Towns publick Meetings where no Market is within ten miles upon pain that the party so finding and the said Constable having such notice and failing to do as is here appointed to forfeit either of them for such default one third yâ—â—t of the value of such Stray or lost Goods Einders to opprize Record lost goods And if the finder shall not give notice as aforesaid within one Month or if he keep it more then three Months and shall not apprize it by indifferent men and also Record it with the Recorder of the County Court where it is found he shall then forfeit the full value thereof Restore the goods if the Owner appear in a year And if the Owner appeareth within one Year after such Publication he shall have restitution of the same or the value thereof paying all necessary charges and to the Constable for his care and pains as one of the next Magistrates or the three Commissioners of the Town shall adjudge And if no Owner appear within the time prefixed the said Stray or lost Goods shall be to the use of the finder paying to the Constable ten shillings or the fifth part of the value of such Stray or lost Goods at the finders choice And it is Ordered That every such finder shall put and keep from time time a Wyth or Wreath about the neck of every such Stray Beast within one Moneth after such finding Stray beast to
to the Treasurers Order ibid To clear their accompts with the Treasurer on penalty Folio p 25 s 4 To Presse Boats or Carts to carry in Rates and to collect after expiration of his Office ibid His danger in not obeying the Treasurers Warrant ibid To leavy Rates on strangers Folio s 5 To inform of persons entertaining Youth c. See Children Folio p 27 s 3 To serve Attachments see Clerk of Writts Folio p 29 s 2 His Deputy may serve Attachments See Presidents Folio p 162 To whip any that are sentenced thereto See Constables Folio p 31 s 1 To collect Rates by Order of Select men ib. To convey offenders accord to Warrant ib. To make Hue and Cry where no Magistrate is near Folio p 31 s 3 To pursue Hue and Cry ibid To apprehend Offenders ibid To search for such persons on the Sabbath day or else Folio p 31 s 4 To apprehend no person without Warrant in writing ibid May require aid in the execution of his Office Folio p 31 s 5 To have a Black staff tipt with Brass when he executes his Office Folio p 31 s 6 Not pursuing Hue and Cry the penalty ibid To Summon a Jury on untimely death See Vntimely death Folio p 39 To return the names of Deputies chosen for what time on penalty see Deput Folio p 41 s 5 To leavy Rates for Ministers maintenance See Ecclesiastical Folio p 45 S 18 To receive votes for Election in case See Elections Folio p 47 s 2 To Summon Freemen for Nomination of Magistrates and when Folio P 47 S 3 To signifie to the Freemen who are to be put to vote for Magistrates on the day of Election Folio P 48 To apprehend by Warrant deniers of Scripture See Heresie Folio P 59 S 2 To present idle Persons before a Magistrate See idle Persons Folio P 66 To assist the Custome Master in case See Imposts Folio P 68 S 2 To leavy by Warrant fines on any that refuse to assist the Custome Master ibid To serve Warrants to presse Workmen See Impresses Folio P 75 S 1 To convey Indians that are found with Liquors c. before a Magistrate or Commissioner See Indians Folio P 77 S 11 To commit a drunken person to Prison or secure him in case See Inkeepers Folio p 81 s 5 To inform a Magistrate or Commissioner or Select men where no Magistrate or Commissioners are of such cases ibid To return all fines received of drunken persons to the Treasurer ibid To make search for all offenders against this Law on penalty Folio p 83 s 14 To call the Freemen to chuse Jurors and return the Warrant See Jurors Folio p 86 s 1 To Summon any person residing here from their Relation See Marriage Folio p 101 s 4 A Constable with 2 Inhabitants where no Magistrate is may Presse Men Boats to pursue Persons See Masters Folio p 104 s 3 To enquire after Wheat c. landed and put to sale from forreign parts See Malt Folio p 106 s 2 To carry a Souldier before a Magistrate being required thereto by the chief Officers See Military Folio p 108 s 6 To provide Arms for Souldies Folio p 109 s 8 To Impresse Souldiers by Order Folio p 110 s 11 To leavy Rates for Fortification ibid To assist Searchers for mony on penalty See Money Folio p 119 s 3 To present Cullers of Pipeslaves before a Magistrate to be sworn See Pipestaves Folio p 122 To provide for poor persons by Order See Poor Folio p 123 s 2 In Port Towns to signifie to Merchants and Masters the Law about Powder See Powder Folio p 126 s 1 To whip any therunto sentenced See Sabbath Folio p 132 s 1 To cause dogs using to course and bite sheep to be hang'd in case See sheep Folio p 138 s 2 To keep accompt of straies and lost goods See Straies Folio p 142 s 1 In Port Towns to inform Masters of Ships with the Law tit Strangers Folio p 143. s 1 To inform of strangers received contrary to that Law ibid To leavy fines about Swine where no Select men are see swine Folio P 145 s 1 To apprehend Swearers see swearing Folio p 144 s 1 To apprize Swine impounded and not owned Folio P 146 s 3 To leavy fines by Order of Select men see Townships Folio P 148 s 5 To acquaint Select men with the Order about Children Folio P 149 s 8 To serve all Warrants from Select men Folio p 150 s 9 To leavy fines by Warrant from the Treasurer see Treasurer Folio P 151 s 4 To leavy County Rates ibid To apprehend Vagabonds with or without warrant See Vagabonds Folio p. 153. To warne and set the watch and give charge See watches Folio p. 154. s. 1. To present any defective in watches to a Magistrate ibid To provide weights and measures see weights Folio p. 155. s. 1 To pay the Treasurer for sealing them and to deliver them to the Select men ibid To obey Sealers Warrants ibid To pay Indians for killing Wolves see Wolves Folio p 159 s 1 To require Artificers to help in Harvest see Workmen Folio p 16 j Conveyances Deeds For sale of Land or House not valid c. without Deed c. or acknowledgement before a Magistrate Folio P 32 s 1 How to be made ibid What exempted from this Law ibid Obtained by Dures invalid Folio s 3 Fraudulent invalid ibid For sale of House c. or Mortgage of no force against any other not being acknowledged and Recorded the Graunter being in possession Folio s 4 Grauntee to enter his Caution with Recorder of County Court ibid Grauntee to be bound to Court of Assist in case ibid Council In the vacancie of the General Court are the Governour and Assistants Folio p 33 To be called by Letters from the Govern ib. The Governour Deputy Govern with six Assistants may impresse Souldiers ibid In extraordinary cases as many as appear make a valid Act ibid Their power Folio p 34 Courts General Courts To appoint Brand-marks to Towns see Cattle Folio p 18 s 3 To be called by the Govern in case see Council Folio p 33 Superiour Courts The chief power Folio p 34 s 1 To raise Money Taxes and dispose of Lands ibid To make Laws c. ibid No act to pass without consent of both houses Folio p 35 s 2 The Acts of this Court to be engrossed and read the last day of every Session ibid Difference in cases of Judicature Civil or Criminal how issued ibid It only can pardon a Malefactor Folio p 35 s 4 May send forth any person into forreign parts ibid Not to be dissolved without consent of the major part thereof ibid. S 5 To Judge of the miscarriage of any before them Folio P 36 S 6 to appoint persons to keep County Court in case Folio p. 36. s 7 To allow of Freemen to be made see Freemen Folio P 56 S 4 To conclude a vindictive War see