as an addition to the Law tit Gaming c. Penalty for Gaming This Court doth Declare and be it Ordered by the Authority thereof That what person or persons soever shall bring into this Jurisdiction any playing Cards or Dice or with whomsoever such Cards or Dice be found in his or their Custody he or they shall pay as a fine the sum of five pounds the one half to the Treasurer the other half to the Informer But in case any such Cards or Dice shall come into the custody of any person without his knowledge or consent he shall carry them to the next Magistrate or Commissioner within two dayes after his knowledge of them to dispose of them as the said Magistrate or Commissioner shall see cause any such person shall be free from the penalty And if any person that hath played or gamed and shall give Information thereof he shall be freed from the penalty of the Law to pay treble damage but shall have no further benifit of the Law by his information And also any such persons Testimony shall be good in Law for one Testimony against any that shall break this Law And it is also Declared that it is and shall be in the liberty of the Court or Judges that shall determine any such case to punish the transgressor or transgressors of the Law by imposing the fine or otherwise by corporal punishment as they shall judge best any Law Usage or Custome to the contrary notwithstanding 1670. Heresie Error ALthough no Humane power be Lord over the Faith and Consciences of men yet because such as bring in damnable Heresies tending to the subversion of the Christian Faith and destruction af the Souls of men ought duely to be restrained from such notorious impieties It is therefore Ordered and Declared by the Court That if any Christian within this Jurisdiction shall go about to subvert and destroy the Christian Faith and Religion by broaching and maintaining any damnable Heresies As denying the immortality of the Soul or resurrection of the Body or any sin to be repented of in the regenerate or any evil done by the outward man to be accounted sin or denying that Christ gave himself a Ransome for our sins Errors or shall affirm that we are not justified by his death and righteousness but by the perfections of our own works L. 1. p. 2. or shall deny the Morallity of the fourth Commandment Anabaptists or shall purposely depart the Congregaaion at the administration of that Ordinance or shall deny the Ordinance of Magistracy or their lawful Authority to make War or to punish the outward breaches of the first Table Obstinate to be banished or shall endeavour to seduce others to any of the Errors or Heresies abovementioned every such person continuing obstinate therein after due means of conviction shall be sentenced to Banishment 1646. 44. 2. The Holy Scriptures of the Old and New Testament A. 57. p. 7.8 being written by the Prophets Apostles and Holy men of God inspired by the Holy Ghost containing in them the infallible and whole Will of God which he purposed to make known to Man-kinde both for his own Worship and Service and also for the Instruction Obedience Faith and Salvation of Man which yet by Hereticks in former ages and now of late have been opugned and denied so to be which tends to the overthrow of all true Religion and Salvation for the prevention of so hainous a crime It is Ordered by this Court and the Authority thereof That what person or persons soever professing the Christian Religion above the age of sixteen years that shall within this Jurisdiction wittingly and willingly at any time after the publication of this Order deny either by Word or Wrighting any of the Books of the Old-Testament As Genesis Exodus Leviticus Numbers Deuterenomy Joshua Judges Ruth Samuel Samuel Kings Kings Chronicles Chronicles Ezra Nehemiah Esther Job Psalms Proverbs Ecclesiastes Canticles Isaiah Jeremiah Lamentations Ezekiel Daniel Hosea Joel Amos Obadiah Jonah Micah Nahum Habbakuk Zephaniah Haggai Zechariah Malachi Or New as Matthew Mark Luke Iohn Acts Romans Corrinthians Corrinthians Galathians Ephesians Philippians Colossians Thessalonians Thessalenians Timothy Timothy Titus Philemon Hebrews Iames Peter Peter Iohn Iohn Iohn Iude and Revelation To be the written and infallible Word of God Denying the Scripâ—â—â—e to be the word of God Or if any person as aforesaid belonging to this Jurisdictton shall commit the said crime upon the Sea not being or belonging to the Jurisdiction of any other Common-wealth shall be forthwith apprehended by the next Officer or Officers whether Marshal or Constable or their Deputy who shall have power so to do by warrant from any one of the Magistrates and shall be committed to the Prison at Boston without Bale or Mainprize there to be safely kept till the next County Court where upon sufficient Testimony brought against the said Delinquent he shall be adjudged for his offence after legal conviction to pay such a fine as the Court which shall have cognizance of the crime shall judge meet not exceeding the sum of fifty pounds Penalty or shall be openly and severely whipt by the executioner whether Constable or any other appointed not exceeding forty strokes unless he shall publickly recant before his Sentence which if he do he shall not pay above the fine of ten pounds to the Treasurer for the use of the Common-wealth or be whipt in case he pay not the fine And it is further Ordered and Enacted That if the said Offender after his Recantation Sentence or Execution shall the second time publish and Obstinately and Pertinaciously maintain the said wicked Opinion he shall be Banished or put to Death as the Court shall Judge 1651. 3. It is Ordered A. 54. p. 7. that all and every of the Inhabitants of this Jurisdiction that have any of the Books in their Custody that go under the names of â—ohn Reeves Muggletons books to be delivered in to some Magistrate and Lodowick Muggleton who pretends themselves to be the two last Witnesses and Prophets of Jesus Christ which are full of Blasphemies and shall not bring or send in all such Books in their Custody to the next Magistrate shall forfeit the sum of ten pounds for every such Book found in his hand the one half to the Informer the other half to the Country to be burnt And as many of the said Books as are or shall be in Custody shall be burnt in the Market place at Boston on the next Lecture day by the Common Executioner 4. Whereas there is a cursed Sect of Hereticks lately risen up in the World A. 56. p. 13. which are commonly called Quakers who take upon thâ—m to be immediately sent of God and infallibly assisted by the Spirit to speak and write Blasphemous Opinions dispising Government and the Order of God in Church and Common-wealth Quakers speaking evil of Dignities reproaching and reviâ—ing
is Ordered that the Secretary at the request of all such as are admitted to the freedome of this Colony or any in their behalf Freemens names to be Recorded give a true copy out of this Courts Records of their Names by them to be delivered to the Clerks or Recorders of those Courts in the several Counties to which they do belong with a copy of the Oath of Freemen as it is now stated that they may there take their Oathes c. 1666. Courts Ajournments VVHereas through the extremity of the seasons in this Country or other accidents that often happen that Courts of Justice are sometimes put by to the great prejudico of Justice This Court doth therefore Order that henceforth it shall be in the power of any one or more of the Magistrates being present at the time and place where the Court is to be kept to Adjourne the said Court to some more convenient time as though the whole Court had been met Courts Ajournments and all Jury-men Witnesses and Parties summoned to attend the Court either in Civil or Criminal Cases according to their respective Summons Obligations Attachments or other Process are hereby bound to such Ajournments and all proceedings to remain in force as though the ordinary course of time had been attended 1661. CRVELTY IT is Ordered by this Court Cruelty That no man shall exercise any Tyranny or Cruelty towards any Bruit Creatures which are usually kept for the use of Man 1641. Death Vntimely Untimely death to be inquired by a Jury IT is Ordered by this Court and the Authority thereof that whensoever any Person shall come to any suddain untimely or unnatural death some Assistant or the Constable of the Town shall forthwith Summon a Jury of twelve discreet Men to inquire of the cause and manner of their Death who shall present a true verdict thereof to some near Assistant or the next County Court upon their Oath 1641. DEBTS by BOOK ON Complaint and consideration of sundry Inconveniences both to Creators and Debtors through want of seasonable examination and ballancing of Book-accompts It is Ordered and by this Court Enacted that all such Book-debts as are now standing out or that hereafter shall be made and that shall not within three years after publication hereof Book debts to be Ballance within 3 years or within three years after such debt as hereafter shall be made be accounted for or ballanced with the Original Debtor or his Attorney Agent Assigne or other lawful Successor or Substitute and on Accompt or Ballance thereof assured by Specialty given for it or witnessed by subscribing the Debtor or other Accomptants Name to the Creditors Book or Subscription of the Witnesses to such Accompt shall not be pleadable in any Court unless such Book-debt shall within the time before limited be prosecuted or proved in such Court as hath proper cognizance thereof by Evidence competent and approved by the said Court And the Evidence there Recorded and the Record thereof shall secure thae Creditor his Executors and Assignes unless the Debtor or his Assignes shall disprove the same within one year after such proof made or recovery of the said Debt if such Debtor his or her Agent Attorney Assigne Substitute Executor Administrator or other lawful successor be or shall be within this Jurisdiction or elsewhere and have due notice from the Creditor thereof Deputies for the General Court Deputies chosen by paper IT is Ordered by this Court and the Authority hereof that henceforth it shall be lawful for the Freemen of every Town to chuse by Papers Deputies for the General Court who have liberty to meet together to confer and prepare such publick business as by them shall be thought fit to be considered of at the next General Court Their power who also shall have the full power of all the Freemen deputed to them for the making and establishing of Laws granting Lands and to deal in all other affaires of the Common-wealth wherein the Freemen have to do the matter of Election of Magistrates and other Officers onely excepted wherein every Freeman is to give in his Vote Provided that no Town shall send more then two Deputies and no Town that hath not to the number of twenty Freemen shall send more then one Deputy Number of Deputies to be sent from particular Towns and such Plantations as have not ten Freemen shall fend none but such Freemen may Vote with the next Town in the choice of their Deputies till this Court take further Order And all Towns that have not more then thirty Freemen A. 53. shall be at liberty of sending or not sending Deputies to the General Court 1636. 38. 53. Liberty to chuse Deputies dwelling any where in this Jurisdiction 2. And the Free men of any shire or town have liberty to choose such Deputies for the Generall Court either in their own shire Town or else where as they judge fittest so be it they be Freemen and Inhabiting this Jurisdiction Deputies may order their own house And when the Deputies for the several Towns are met together at any General Court it shall be lawful for them or the major part of them to hear and determine any difference that may arise about the Election of any of their Members and to order what may concern the well ordering of their body And because we cannot foresee what variety and weight of occasions may fall into future consideration and what Counsels we may stand in need of It is Ordered that the Deputies of the General Court shall not at any time be stated and continued but from Court to Court No Deputies to hold longer then one year or at most but for a year that the Country may have an annual liberty to do in that case what is most behoofful for the welfare thereof 1641. 34. 35. A. 54. p. 3. Deputies to be Orthodox And it is further Ordered that no man although a Freeman shall be accepted as a Deputy in the General Court that is unsound in Judgement concerning the main points of Christian Religion as they have been held forth and acknowledged by the generality of the Protestant Orthodox Writers or that is scandalous in his conversation or that is unfaithful to this Government And it is further Ordered that it shall not be lawful for any Freeman to make choice of any such person as aforesaid that is known to himself to be under such offence or offences specified upon pain or penalty of five pounds and the Cases of such persons to be tried by the whole General Court 1654. And henceforth the Constables of each Town shall return the name of the person or persons chosen by the Freemen to be Deputies for the General Court and the time for which they are chosen Constable to return who â—re chosen Deputies and for what time whether for the first Session or for the whole year And every Constable that
of treble damage in case ibid Cruelty Not allowed Folio P 39 D Vntimely Death THe enquiry how to be proceeded in Folio P. 39 Debts by Book To be ballanced in three years Folio P. 40 For custome of Wines c. recoverable by way of Action see Imposts Folio 68. 2. Defamation Of Courts or Magistrates punishable see Courts Folio 35. 6. By reproachful speeches in open Court ibid. Delinquents Summoned by Court or Magistrate to answer a Presentment or Crime not answering when call'd the penalty see Jurors Folio 87. 6 Deputies for the General Court Not to proceed to Judgement in any case without an Oath see Courts Folio 34. 1. to sit apart from the Magistrates act Folio 35. 2 No Deputy to depart without leave on penalty Folio 35. 3. Exemption for Deputies of Dover c. ibid. Miscarriages among them to be sentenced among themselves Folio 35. 6. How to be chosen see Deputies Folio 40. 1. Their power ibid May order their own House Folio 40. 2. To be chosen from Court to Court or at most but for a year Folio 41. 3. How to be qualified Folio 41. 4. Not to be absent the time of their sitting on penalty Folio 41 5. With the Constable may take in Proxies for Elections see Elections Folio 47. 2. Such Proxies to be sealed up and returned to the Court of Election ibid No Common Attorny to sit as Deputy see Deputies Folio 41. 5. Distresse For Rates Ordered see publ charges Folio 25. 4. On Corn or Hay c. to be secured on penalty see Distresse Folio p 41. Dowries What when to be set our to widows Folio p 42 In case of omission who may set it out ibid To be enjoyed enduring widows lives ibid Of Lands set out not to make strip wast ib Drovers Their liberty Folio p 42. E Ecclesiastical VVHo may gather Churches Folio 43. 1 How to be gathered ibid To have free exercise of all Ordinances Folio s. 3 To Elect and Ordain their Officers ibid. s. 4 To admit and dismiss Members c. ibid s 5 To have no humane injunctions imposed on them ibid s. 6. May celebrate dayes of Fasting c. ibid. s. 7 The Elders of Churches may meet about Church matters ibid. s. 8. May deal with their Members under the hand of Justice ibid. s. 9 May deal with their Members of any rank Folio 44. 10 Any Church member lyable to Justice ib. s. 11 No Church censure to degrade any Officer in civil imploy ibid Private meetings of Christians allowed Folio s. 1 2 Who may be constant Preachers and Ordained Elders ibid. s 14 No Ordination to proceed without notice given ibid Open opposers of the Word c. how to be proceeded with Folio 45.15 Penalty on disturbing the peace and order of Churches ibid. Who may call and ordain Ch. officers Folio 46.20 Elections Of Assistants yearly how to be determined Folio 47.1 Of Governour Deputy Governour Major General Treasurer Secretary Commissioners of the United Colonies how made ibid s. 2. Of Assistants how proceeded in ibid s. 13 Penalty of any failing in their trust ibid s. 3 Escheats What and how disposed Folio p 49 F Farms TO be of the same wherein they lye Folio p 49. Fairs and Markets Where and when Folio p 49 Ferries How to be regulated Folio 50.1 No Canoo to be used there on penalty ibid Weymouth Ferridge what ibid When to take double Ferridge ibid Paying no Rent to the Country to take no Ferridge of Magistrates Deputies c. ib. None to press into Ferry boats without leave ibid s. 2 No Ferry to suffer any to come into his Boat in case on penalty ibid Who shall be first transported in Ferry boats ibid Fees For Entring of Actions see Actions Folio 2.4 Additional Fees in case Folio 3 5. Of Clerk of Writts For Warrants Replevin Attachment Bond see Clerk of Writts Folio 28.1 For Recording Horses shipt off se horses Folio 65.1 For Recording Marriages se marriage Folio 101.2 Additional Fees in case ibid. For Recording Births and Deaths see Records Folio 130. s. 2. For Tolling Cattle see Cattle Folio p 147 Of Recorder and Clerk of County Court For filing Evidences c. see Records Folio 129.1 p 130 Of Commissioners Court of Boston See small Causes Folio 21.3 Marshals See Marshals Folio 103. s 4 5. Addition in case ibid Clerks of Troops See Military Folio 113.16 Fines To be presently paid secured or person committed Folio p 51 May be respited by Courts ibid In all Courts or by Magistrate or Commissioners for the Country to be notified to the Treasurer in 14 dayes ibid For Galloping in Boston what to County Treasurer see Galloping Folio P 57 For keeping Christmass and Gaming see Gaming Folio P 57 58. s 1 2. For playing at Cards and Dice ibid s 3. For bringing in Cards ibid s 4 For denying the Scriptures what to Country Treasurer see Heresie Folio 59.2 On Masters that bring in Quakers Folio 60.4 On persons receiving Quakers ibid For Vessels trading with Indians see Indians Folio 75.3 For trading with Indians to the Country Folio s. 4 For selling Boat or Vessels to Indians Folio 76.6 For insufficient Leather see Leather Folio 90. 5 s. From all persons in all cases to be paid to the Treas of the County where the party dwells except see Treasures Folio 151.3 Firing Burning Woods or Common Ground when unlaw ful on penalty Folio 51.1 When lawful ibid Any Frame Timber c. wittingly and willingly burnt the penalty ibid Any of 16 years of age firing a Barn c. how punished ibid s 2 A Dwelling House burnt how to be satisfied for ibid Fish Fishermen All Cullers of Fish to be sworn Folio 52.2 Sworn Cullers to be in all fishing places ibid All fish approved by them to be received ibid The Cullers Sallery by whom to be paid ib. What fish declared Merchantable ibid Liberty to cut Flakes regulated ibid s. 3 No Fish to be taken in spawning time on penalty ibid. s. 4 No Mackrel for salting to be kill'd till July on penalty of forfeiture ibid. S. 5 Fish salted with Tartudas salt and thereby spotted not Merchantable Folio p 54. s. 6 Forgery What and the penalty Folio p 54 Fornication What and the punishment Folio 54.1 By a Freeman further punished ibid. s 2 The reputed Father of a Bastard to maintain it Folio 55.3 Freemen May order Fences in Common fields where no Select men see Corn fields Folio 17.2 May determine differences in case ibid May by their Feoffes or Proxies appear on the day of Election see Courts Folio 35.3 To send their Deputies to Gener. Courts ib. Persons allowed by General Court for Freemen to be sworn by County Courts Folio 38.12 To nominate such as shall keep Courts in Counties with a Magistrate Folio 36.7 To give in their own Votes in Elections of Deputies see Deputies Folio P. 40. According to their number may send Deputies to General Court