Right it doth or may belong Town Clerks to return to the County Courts the names of Constables Jury men c. chosen 8. It is Ordered That the Town Clerk in such Town Annually return the Names of such Persons to the County Court as by the several Towns are chosen to serve as Constable Grand Jury-men Surveyors of High-ways that they may take their Oaths and be established in their Respective Places and the Select-men to be returned to the Court of Election on penalty of twenty shillings fine for each Neglect Clerk of the County to be the Recorders of the County 9. It is Ordered That the Clerk of the County Court shall be the Recorder of the County who shall Record Deeds and Evidences for Lands lying within the County who shall be under Oath for the faithful discharge of his Place Said Clerk in open Court may Administer Oaths to Witnesses and in the Name or Order of Court to grant Summons Attachments Warrants and to sign and give out Executions for any Judgment obtained in any of the County Courts Their work Power which shall not be until twelve hours after Judgment unless in any particular Case the Law hath otherwise provided nor then if the Court or any special cause shall Respit the same 10. It is Ordered That each County Court may Adjourn their County Courts as to them may seem meet County courts adjournment And all Persons concerned shall be bound to attend the said Adjournment 11. It is Ordered That there be a County Marshal who shall-alwayes attend said Courts who are impowred to serve all Warrants County Marshal work and Power Attachments or Summons that are directed to them and to Levy Executions who may Require Aid in the Execution of their Office which shall be yielded on the same penalty that is for any to refuse to assist a Constable In what Case two Magistrats may grant Administration probate of Wills out of Court 12. It is Ordered That in any Case that requires a speedy proving of a Will or taking out Letters of Administration it shall be lawful for any two Magistrates the Clerk of the County Court being present to Record the same to take the Probate of such Wills and to grant Administrations though out of Court or not in Court time who may determine matters of equity as cannot be relieved by the common Law 13. That a Magistrate or any Court shall have Power to determine all such Matters of Equity in Cases or Actions that have been under their Cognizance as connot be relieved by the common Law as the forfeiture of an Obligation breach of Covenants without great Damage or the like matters of apparent Equity 14. Ordered That the County Court or any two of the Magistrates may as need shall require upon defect of any Towns chusing Raters Who may chuse Raters in defect or the Raters neglecting to make such Rates as by Order of Court are required of them or orderly committed to them make choice of three men in such town to make such Rates as aforesaid Criminals convict to pay cost of prosecution 15. Ordered That in all Criminal Cases or Misdemeanors besides their Fines or Punishment Persons Convict shall pay Cost and needful charges of Prosecution 16. It is Ordered c. That a Judgment acknowledged before any two Magistrates and the Clerk of the Court shall be good in Law and if the Clerk be a Magistrate he with one Magistrate may take such acknowledgment and the Clerk shall have twelve pence for Recording the same Courts of Select-men IT is Ordered by this Court and the Authority thereof That every Town in this Colony shall chuse three or five able Discreet men out of the Free-men of each Town Annualy who shall be presented to the General Court at June to be approved Courts of Select men their constitution power and then Sworn there or before a Magistrate who shall have Power to hear try and determine all Actions of Debt Trespass or Damage not exceeding forty shillings and to grant Summons and Attachments to the Marshal or Constables to be returned into their Courts which may be four in one Year and not more and to Administer Oaths to any that may be used at their Courts or in such Matters as they have to deal withal And Summons Witnesses and upon Issue of the Cases to grant Executions to the Constable or County Marshal who shall Execute the same make Return thereof doing thereupon to the Officer that keeps the Records of such Courts and in all things to act and determine according to Law as is provided for other Courts and causes without Jury and that to make a valid Act there shall be the major part of them consenting and that the Select-men in each Town shall order the Prudential Affairs of the Town viz. to admit approve or disapprove of any Person who shall offer to Dwell or Inhabit in the said Town to provide for such poor and necessitous Persons at the Towns charge as the Town ought to be charged withal to look after and prevent any Incroachments upon High-wayes and Streets to look after the keeping and maintaining the Town Bounds at the Towns charge to put out with the consent of a Magistrate Children that cannot or are not provided for by their Parents or Friends to Service or Apprentice Boyes till one and twenty and Girls till eighteen years of age to put out to Service with the Advice of a Magistrate any Idle Disorderly or Shiftless Persons that are likely to be chargeable to the Town That in such Town where no Magistrate or Person Authorized with Magistratical power is the Select men or any two of them shall have power to convict and punish any persons according to Law for Drunkenness Swearing Cursing Sabbath-breaking Night-walking Breaking of Peace and all such other Matters in their Town referred to them by Law CHAP VII Criminals 1. IT is Ordered by this Court and the Authority thereof That whosoever shall commit Adultery with a Married Woman or one Betrothed to another Man Adultry how to be punished both of them shall be severely punished by Whipping two several times viz. once when the Court is in being at which they were convict of the Fact and the second time as the Court shall Order and likewise to wear two Capital Letters A. D. cut out in Cloth and Sewed on their upper Garments on their Arm or Back and if at any time they shall be found without the said Letters so worn whilest in this Government to be forthwith taken and publickly Whipt and so from time to time as often as they are found not to wear them Fornication how before Contract 2. Be it also Enacted That whosoever committeth Fornication before or without lawful Contract shall be punished by whipping or else pay ten pounds fine each of them to the County But if they be or will be Married to
Sit at Plimouth twice a year namely the first Tuesday in April when where to Sit. and the first Tuesday in October to Hear Examine and Determine all Cases of Life Limb Banishment and matters of Divorce according to Law and to Receive and Try all Appeals duely brought unto them from any Inferiour Court whether in matters Civil or Criminal to order Warrants for the choice of Juries and constitute Clerks or other needful Officers their power Ordered the Court of Assistants or Council have power to order the Payments to be made out of the Publick Treasury due to such as upon occasion have been Imployed in the Countries Service In which Court to make a valid Determination There shall pe present at least the Governour or Deputy Governour and four Assistants 2. And that Justice be not deferred nor the Countrey needlesly charged It shall be lawful for the Governour Liberty to call a Court of Assistance on special occasion or in his absence the Deputy Governour to call a Court of Assistants to try any Malefactors in any Capital Cause or upon other weighty Occasions as he shall see need 3. Ordered That no Person shall be put to Death in less than four dayes after Condemnation unless the Court see special cause or in case of Martial Law And that it shall be lawful for the Governour or Deputy Governour with the consent of two Magistrates Condemned persons the time of Execution Replevin to Reprieve a condemned Malefactor for a short time and if there be to them special Reason to the next General Court And that Warrants for Execution shall be always Signed by the Clerk of the Court of Assistants by Order of said Court Court of Admiralty BE it Enaced by this Court and the Authority thereof That the Governour for the time being or the Deputy Governour with three or four or the Assistants Courts or Admiratly their constitution power and such other Substantial Persons as the Governour for the time being shall commissionate under the Seal of this Colony shall have full Power to Act as a Court of Admiralty for Hearing and Trying and Determining all Matters and Causes which by the Act Intituled Pirates and Privateers are to be Tried thereby or by a Quorum of them as by the said Commission shall be Authorized either by themselves alone or together with or by a Jury Impannelled for such Trials as the Case may Require County Courts 1. IT is Ordered by this Court and the Authority thereof That there be in this Colony three Counties Countie and County Courts their constitution and that in each County there shall be kept annually two County Courts which Courts shall be kept by the Magistrates living in the several Counties or by any other Magistrate that can attend the same or by such as the General Court shall appoint from time to time and to make a Court there shall be present not less than three Magistrates or Associates and in no case shall Judgment be given without there be two consenting or the major part if more than four Judges and in the absence of the Governour or Deputy Governour the eldest Magistrate shall be President of the Court which Court shall have and hereby have power to order the choice of Juries of Grand Inquest and Trials in their several Countries and to constitute Clerks and other needful Officers the County Treasurer to be appointed and allowed of by said Court annually It is Ordered That each County Court shall have and hereby have power to Hear Try and Determine according to Law all Matters Actions Gauses and Complaints Their power whither Civil or Criminal in any Case not extending to Life Limb or Banishment or matter of Divorce The County of Plimouth its Limits 2. It is Ordered That Plimouth Duxbury Scituate Marshfield Bridgwater and Middlebrough together with all such Place and Villages that do or may lye between the said Towns and the Patent Line be a County Plimouth the County Town and said County called the County of Plimouth In which County shall be kept two County Courts annually courts number time place at the Town of Plimouth one on the third Tuesday in March and the other on the third Tuesday in September The County of Barnstable its Limits 3. It is also Ordered That Barnstable Sandwich Yarmouth and Easthaws the Villages of Sippican Suckonesset and Manamoy shall be a County Barnstable the County Town and said County shall be called the County of Barnstable courts number time place in which County shall be kept two County Courts annually at the County Towns one on the third Tuesday in April and the other on the third Tuesday in October The County of Bristol its Limits It is further Ordered That Bristol Taunton Rehoboth Dartmonth Swansey Little Compton Free-Town Sowammit Pocasset Punkatest and all such Places Towns and Villages as are or may be settled on said Lands shall be a County courts number time place Bristol the County Town and the said County shall be called the County of Bristol In which County shall be kept two County Courts annually at the County Town one on the third Tuesday in May and the other on the third Tuesday in November Deeds c. may be Recordedin the County where they ly and held sufficient 4. It is Ordered c. That all Deeds Bargains Mortgages for Houses Rents Lands not already Recorded in the Publick Records or that shall not be Recorded before the first County Court of each County shall or may be Recorded in the County where they lye by the County Recorder which shall from and after the first County Court that Sits in said County be accounted Legal and Sufficient Record for the same it having been acknowledged or duely Proved before the Recording County Courts to settle the Estate of intestats take probats of Wills 5. It is Ordered that such County Court shall have and hereby have power to settle and dispose according to Law the Estate of any Person that dies Intestate within the County and to grant Letters of Administration and take the probate of Wills To make Orders for County Prisons High-wayes Bridges Rates in their County 6. It is Enacted That County Courts have Power to make effectual Orders about county Prisons High wayes and Bridges and when there is occasion Order Rates to be made in the several Towns and Places of the County for defraying County charges The Raters of each Town to Rate their Inhabitants or Persons under their Constablerick according to the proportion Ordered by the County Court and the Constable to gather such Rates and be accountable for the same to the County Treasurer 7. It is Ordered That in any County where a Stranger dies Intestate the County Court shall appoint a meet Person to Administer on his Estate if he leave any and to secure the same for them of whom of
or common Road shall forfeit five shillings or sit in the Stocks an hour 22. Whereas divers unruly Persons Servants and others in several places of this Colony meet together to walk about in the Night to Drink Revel or Pilfer the same tending to the corrupting and debauching of the Youth and many offend and prejudice the peaceable Inhabitants of the several Towns for prevention whereof of night-walkers It is Ordered by this Court and the Authority thereof that all Persons walking in the Fields or Streets after nine or ten a clock at Night unless known peaceable and orderly Inhabitants shall be liable to be examined by the Select men Constable or Watch of the Town or if complained on by any other Person of the Town and if they cannot give a satisfactory reason for their so doing he or they shall be had before some Magistrate or other Person Authorized who upon the hearing of the Case it appear they have been Rude or unseasonably Drinking Revelling Gaming Sporting or any wayes disturbing or if it be Servants or Children and it be without their Parents or Masters leave they shall for the first Offence be Admonished or pay five shillings to the County or sit in the Stocks an hour and if Transgress a second time to pay ten shiliings or be whipt with ten Lashes and so from time to time as often as they Transgress 23. Ordered c. If any person Summoned to Answer any Presentment or for any Fault or Misdemeanour de not appear at the time appointed of non-appear ance on Summons to answ any presentment c. he or they shall be proceeded against for Contempt except it appear that they have been prevented by the hand of God 24. It is further Ordered That in case of any Misdemeanour that by Law there is not particular provision made for or that the penalty is not limited or expressed the person being convict thereof shall be liable to be punished by the Magistrate or other person Authorized before whom the Complaint is made by Fine according to his discretion Of misdemenors where no particular Law or Penalty limited not for one offence exceeding ten shillings or sitting in the Stocks not exceeding two hours And if such offence by him or them that have the cognizance thereof shall be thought to deserve a greater Fine or Punishment then the party complained of shall be bound over to Answer the same at the next County Court and be bound with Surety or Sureties for his or their appearance to Answer the same and for their good Behaviour in the mean time and shall be liable being convict to such reasonable Fine or Punishment as the County Court shall see meet according to Crime and Circumstances thereof not exceeding the Fine of five pounds for one offence or punishment by Whipping CHAP VIII Deaths Untimely Death untimly to have a Coroners quest before burial IT is Ordered by the Court and the Authority thereof That whensoever any Person shall come to an untimely or unnatural Death where no Magistrate is near the Constable of the Town shall forthwith Summons a Jury of twelve discreet men to enquire of the cause and manner of his Death who shall present a true Verdict thereof to some of the Assistants or to the County Court upon Oath and all persons are required to give notice of such untimely Death unto a Magistrate if any near or otherwise to the Constable neither shall any such person be buried before a Jury of Coroners Inquest have enquired into the cause of the said Death And if any shall presume to bury any such person before Information given and enquiry made as before they shall pay five pounds fine to the County and be rendred as suspitious of being principals or accessaries in the Death of such person Also Ordered That the return of said Jury shall be Recorded amongst the Records of the County Court and the charge to be paid out of the Estate of the person if any be Dower THat there may be competent Provision made for the certain Maintenance of Wives after the Discease of their Husbands who died Intestate wives to enjoy a third part of their deceased husbands lands It is Ordered and Enacted by this Court and the Authority thereof That every Married Woman who hath not demerited the contrary by her wilful Absence or Departure from her Husband or other notorious Fact without reconciliation to him in his life time or hath not by former Contract with her consent been Estated into some House Lands or Tenements for term of her life shall immediately after the death of her Husband according to the common Law of England for the sustenance of her self the nurture and education of her Children have Right and Interest by way of Dower in and to one third part of all such Houses and Lands as her Husband was at any time seized of during the coverture other then what Lands shee freely resigned up her Interest in to be setout to them by mets and bounds but shall not make strip or wast c. and acknowledged the same before a Magistrate To Have and to Hold unto the said Wife in severalty by Meets and Bounds for and during only the term of her life whether she had issue by her Husband or no said third part to be set out to her by persons appointed thereunto by the County Court if the persons concerned agree not Provided alwayes such Widow endowed as abovesaid shall not commit or suffer any strip or wast Debts paid one third part her personal estate but shall maintain all such Houses Fences and Inclosures as shall be assigned to her for her Dower and shall leave the same in good and sufficient Reparation in all respects the other two thirds to be disposed among the Children as per Law is provided It is also Ordered c. That all just Debts being first paid the Widow shall have one third part of her late Husbands personal Estate to be at her own absolute dispose and the other two thirds to be disposed amongst the Children as the Law is provided And where there are no Children left of the Deceased Intestate Husband there the Widow shall have the one half of the personal Estate unless the Court see just reason and cause to order it otherwise Duers no conveyance good obtained by illegal violenc IT is Enacted by this Court That no Conveyance Deeds or Promise shall be valid which hath been gotten by illegal Violence Imprisonment Threats or forceable Compulsions CHAP. IX Faires Two Fairs Annuality at Bristol IT is Ordered that there may be two Faires Annually kept at Bristol one on the third Wednesday and Thursday in May and the other the third Wednesday and Thursday in November Fences 1. ORdered That all Fences be four foot high or be otherwayes sufficient in the Judgment of the Fence viewers or for defect such Person to bear his own Damage unless the
the other half to the use of the Colony This Court taking into their serious consideration the great Damage that this Colony and our Neighbours is likely to sustain by the catching of Mackerel with Nets and Sanes at Cape Cod or elsewhere near any Shoar in this Colony to the great destruction of Fish and to the discouragement of divers Fishermen as is alledged The Court doth therefore Enact and be it hereby Enacted by the Authority thereof That no person or persons whatsoever after the Publication hereof shall catch or draw on shoar any Mackerel with Net or Nets None to draw ashore Mackrel with Nets Sane or Sanes in any part of this Colony And if any person or persons hereafter shall presume to catch any Mackerel by setting or shooting any Net or Sane such person so offending as aforesaid shall forfeit for his or their said offence all such Nets or Sanes as shall be improved and all such Mackerel as shall be caught by him or them and shall also forfeit every such Vessel and all such Vessels or Boats as shall be imployed therein whether Ketch Sloop or Boat as shall be imployed in taking or carrying away any such Fish if at any time the person so offending be taken within this Government or the value thereof one moiety to the Colony and the other moiety to the Informer that shall prosecute the same And for the better Execution of the said Law Power shall be given by some one or more of the Magistrates by Warrant to some fit man to act as a Water-Bayliff to make seizure of all such Forfeitures as aforesaid This Act to stand till the Court on some Trial thereof shall see cause otherwise to Order CHAP. X. High-Wayes 1. ORdered by this Court and the Authority thereof That where Countrey Roads be wanting through any Township of this Government or where there are Wayes laid out and returned to be Recorded High-ways in case to be laid out by indifferent men chose by the County Court that are not to the satisfaction of the County Court or where the two next Towns cannot agree about the same or where any Town or particular person complain to the County Court and have a pretence of great damage thereby in such case the County Court shall appoint a Committee of indifferent men or Jury out of such Town and the neighbour Towns who shall be upon Oath to view said Way and approve or disapprove thereof and lay out such Way in such places and in such manner as may be most beneficial to the Publick and least prejudicial to particular persons and make return of their doings to the County Court and the charge to be born as the County Court shall determine Town High-ways between Neighbourhood how to be laid out 2. Ordered That where there needs Town High-wayes from Neighbourhood to Neighbourhood or for the necessity of particular persons there shall be such wayes and passages laid out and ordered as a Jury impannel'd and sworn by a Magistrate shall see cause they attending the Law for their Rule provided that if any Town-way between Neighbourhood and Neighbourhood be laid out through any mans Land they shall have meet satisfaction But if the Parties cannot agree the same to be determined by the County Court Country roads to be forty foot wide 3. That common High-wayes or County Roads be forty foot wide or more in low wet and durty ground 4. Ordered That the Surveiors of High-wayes shall give three dayes warning to all persons concerned for themselves Surveiors of High-ways to give three days warning or their Teams when they are to work at the High-wayes as often as need shall require not exceeding six dayes in a year and every person orderly warned that neglects to appear or send a sufficient hand in his room shall pay two shillings six pence per day each day they neglect and each day for a Team five shillings for the Towns use to be levyed by Distress on the Goods of such as are Delinquents by a Warrant to the Constable from any of the Magistrates or Selectmen where there is no Magistrate near Penalty for non appearance to whom the Names of such Delinquents shall be returned by any of the Surveiors all allowed Inhabitants and persons Rateable to be warned and such Housholders that have not Teams and several in their Family capable to work though not Rateable How to work at High-ways such by approbation of the Selectmen may be warned to send two Ordered That the Surveior if he see cause shall hire either Man or Team as occasion requires for the said work and to be paid out of the fines aforesaid and that the Surveiors warn not any Man or Team twice to work on the High-wayes before they have first gone over all the Persons and Teams in the Town None to be warned to work twice till all have gone over once as aforesaid and that each Surveior give an account thereof to the Surveior which shall succeed him for the next Year who shall begin to warn where the other left off Penalty of Surveyors neglect 5. Ordered That every Surveior that neglects his duty in repairing the High-wayes shall forfeit five pounds to the Counties use Those warned when to appear and what time to work 6. Ordered That those warned to work on the High-wayes as aforesaid shall appear at the place appointed according to the Surveiors order with their Carts and themselves fitted with Tools and Instruments suitable to the work by the hour of nine in the Morning and work till four at Evening allowing the space of one hour at Noon for refreshment Surveiors to give an account to the Select men 7. Ordered That the Surveiors do at the end of their Year give an account of their actings and what Monies of the Towns may be in their hands unto the Selectmen of the Respective Towns or such other as the Town shall appoint for that Affair or be liable to a suit to be prosecuted against them by the Selectmen on the Towns Account 8. The Court taking into Consideration the Inconvenience likely to ensure Country-high wayes to be laid out by a Jury by Persons Erecting Fences Gates or Bars athwart County High-wayes to the Anoyance of Travellers Do therefore Enact and be it hereby Enacted That all necessary County High-wayes within this Colony shall between this time and the next October Court be laid out by a Jury where it is not already so done and an account thereof with the bounds presented to the Town Clerk on penalty at the charge of the Respective Towns through whose Lands on Townships such wayes may lead and that Account thereof with the several bounds of each such way in every of the said Towns shall be presented or brought to the Clerk of that Town on penalty of five pounds to be forfeited and paid by that Town that shall neglect the performance thereof And
Security to respond Costs before Summons or Attachment gr nted 13. That no Attachment or Summons shall be granted in any Civil Action to any Forreigner against a settled Inhabitant of this Jurisdiction or against a Forreigner before he hath given sufficient security or caution duly to Prosecute his Action and to answer the Defendant such Cost and Damages as the Court may award on penalty of making good the Damage by the Granter 14. And it is further Ordered That in all Attachments of Goods and Chattels Lands or Heriditaments In Attachment of Goods c. Legal notice to be given to the parties concerned Lands or Heriditaments whether it be by Forreigners or settled Inhabitants Legal notice shall be given to the Party concern'd either personally or by leaving a Copy of the Summons or Attachment five compleat working dayes before the Court at the House or place of or that was his usual abode before the Suit proceed but if he be out of the Jurisdiction the Cause notwithstanding shall proceed to Tryal and if Judgment pass for the Plantiff it shall be Entred And in what case Execution shall be respited but Execution shall not be granted until the next Court and that the Plantiff hath given sufficient Security to be Responsible to the Defendant if he shall Reverse the Judgment within one Year or such further time as the Court shall see cause to order 15. Be it Enacted That henceforth Lands or Goods Attacht to a Tryal shall not be Released upon the Appearance of the Party or Judgment given lands or goods Attacht when to be released and when not but shall stand ingaged until the Judgment or the Execution granted upon the said Judgment be discharged provided Execution be levied thereon within one Month after Judgment and that where any Marshal or Constable or their lawful Deputie shall by virtue of any Warrant Attach any mans Person he shall take Bond of him with sufficient Security or Sureties And so of Bonds and furties bound to such Officers for his or their Appearance at the Court Attached to and to abide Tryal and in case of Appeal to the Court Appealed to till the Judgment be there Entered How the Officer shall make his Return and that the Person Attached be forth-coming any time within six dayes after Judgment for the Plantiff to lay his Execution on if he see cause after which time the Surety to be cleared The officer shall make his Return and Indorse his Bond on the back-side of the Attachment and when the Officer shall deliver the Person to the Jaylor or take the Bond and return the same with the Attachment to Court And if any Person Attached shall neglect or refuse to give Bond or sufficient Security be shall by said Officer be delivered to the Jaylor of the County who shall keep him in Custody until six dayes after Judgment or till Released by the Party at whose Suit Attached and the Plantiff Levy his Execution afterwards as the Law Directs 16. Liberty is granted by this Court to any person to improve one or two Attorneys in any Civil Action to help him in his Pleas provided they be persons of good Repute and such as the Court shall approve and the said Attorneys are Required as to be faithful to their Client Attorneys allowed so also to avoid fraudulent Pleas that may have a tendency to mislead the Court or darken the Case and in no Case shall be allowed for Attoneys more than five shillings and Attorney or Attorneys at Select Courts or Magistrates Courts to be allowed but two shillings in any Case Barratry punished 17. And it is Enacted that if any Person be proved a common Barrater by vexing others with unjust frequent and troublesome Suits it shall be in the power of the Court both to eject his Cause and punish him for his Barratry by Fine or Imprisonment 18. It is Ordered That no man's Person shall be Restrained Imprisoned by any Authority whatsoever Who Bailable before the Law hath Sentenced him thereunto if he can put in sufficient Security Bail or Mainprize for his Appearance and good Behaviour in the mean time unless it be in Crimes Capital and Contempt in open Court or in such Case where some express Act of the General Court doth allow it No Levy on Lands where Goods found nor Surety Destrained where princile sufficient nor Beast of Plough or Draught 19. It is Ordered That no Debt be Levied on Lands or Rents so long as the Debtor hath Goods and Chattels to be found to satisfie neither shall the Pledges or Suits be Distreined so long as the Principle or sufficient Estate of the Principles can be found nor Beasts of the Plough or Draught for Debt if others may be found to satifie it except for Damage feizant 20. That every Man shall have liberty to Replevy his Chattel or Goods Impounded Replevin Distreined or Seized unless it be upon Execution after Judgment or for payment of Rates or Fines Provided he put in Security to Prosecute his Replevin and to satisfie such Damage and Charge as his Adversary shall Recover against him in Law Age Ability Age of Discretion 21. IT is Ordered by this Court and the Authority thereof That none shall have power to pass away Lands Hereditaments or other Estate or be capable of Sueing or being Sued at any Court in their own Person neither shall give Votes Verdicts or Sentence in any Civil Court or Cause until he or they attain unto the age of twenty one years But any Parent or Master shall or may Require and Sue for Satisfaction for any wrong or damage done their Children or Servants And any Orphan may have liberty to chuse their Guardian to act for them at fourteen years to Secure or Defend their Estate or otherwise act for them as may be requisite the Court allowing thereof and the Court may chuse and appoint Guardians for such as are under fourteen years But in any matter Criminal as well younger as elder shall be liable to Answer for the same in their own persons Appeals 22. IT is Ordered by this Court and the Authority thereof That it shall be the liberty of any Person or Persons Cast of Sentenced Liberty to appeal in Cases Civil or Criminal to Appeal if from the Sentance or Determination of a Magistrate or Select Court or other Person Impowred to hear and determine in any Case as before unto a County Court and any may Appeal from a County Court to a Court of Assistants alwayes Provided they tender their Appeal in twenty four hours after Judgment and the Court not Dissolved and put in Security before the Judges of the Court or according to their Order to Prosecute their Appeal to effect and to satisfie all Damage before Execution granted and in Criminal Cases besides such Bond to give Bond with Security for their good Behaviour until the time of the Court
they Appeal to And all Appeals shall be Recorded at the charge of the Party Appealing and the Appealant shall briefly in Writing by himself or Lawful Actorney under his or their hand deliver into the Clerk of the Court or Person Appealed from which shall be done without reflecting upon either Court or Party the Grounds and Reasons of his Appeal five compleat working dayes before the first morning of the Court Appealed to to which Court the Clerk of the Court or Person Appealed from shall return said Writing timely to the Court and give Copies thereof to the Defendant he desiring and paying for the same And whosoever shall Appeal to the County Court and not prosecute his Appeal besides his Bond shall forfeit twenty shillings to the County and whosoever shall Appeal to the Court of Assistants and not prosecute the same shall in like manner pay forty shillings to the Countrey Who shall not sit as Judg or Vote in Court appealed to 23. It is Ordered That no person that sat as Judge and Voted in any inferiour Court shall Judge or Vote in any Court Appealed to unless the Judges Appealed from be more than the Judges Appealed to in which Case it may be judged by the whole in all Appeals the case to be judged by the same Evidence and no other than what was used in the Court Appealed from unless it appear either party were hindred from putting in any Evidence in their case that of by Right and Law they should not have been hindred of the said Court to confirm or reverse the Judgment or to increase or to abate the Damage as they may see cause according to Law and the Party that Appeals shall bring in the whole case as left on file and bring a Certificate that he hath so done and if he recover the charge shall be allowed in his cost Apprizements 24. AND for the Apprizement of Lands Goods or Chattels Levied or Taken in Execution or Distress It is Ordered c. That the Party whose Estate is to be Prized shall chuse one Prizer and the person which is to receive the Estate prized shall chuse another Prizer and in case either party neglect to chuse the Marshal or Constable shall chuse one for him and if two chosen agree not the said Officer shall be the third Prizer And where the party concerned refuseth to set forth suitable Estate both as to the Specie due and nearness of the Sum to be Levied or Distrained there the Marshal or Constable shall seize such Estate as may best suit thereunto to be equally and indifferently prized according to the Specie due and not overprized And in case the Debt to be Levied or Distrained be above twenty pounds that then it shall be in the liberty of either party to chuse two Prizers and upon their not-agreement the Officer shall be the first Prizer and in case the Officer is put to make choice of Prizers such Prizers shall be paid by the Officer for their time to be Levied or Distreined with the other Debt or Damage and if any person which shall be so chosen by the Officer shall refuse to be a Prizer he shall be fined five shillings to the County and the Officer shall chuse another in his room CHAP III Bills Bonds Debts by Specialty good to Assigns 1. IT is Enacted by this Court That any Debt due by Bill Bond or other Specialty shall be as good a Debt to the Assigns as it was to the Assigner and as Recoverable by Suit Provided the Assignment be under hand of the Assigner and the Assignment duely proved Book-Debts In what case actions for Debt by Book or Account to be brought within 3 years 2. IT is Ordered by this Court and the Authority thereof That all Debts due by Book or Account that are now due to any Person shall be required received or his Action for the same brought within three years after this present Session or they shall from thence be for ever barred their Action for the same unless it be where either party is beyond Sea under age or non Compos mentis Merchants Tradesmen Dealers books 3. It is Ordered by this Court That every Merchant Factor Shop-keeper Trades-man or Dealer shall keep a Book of their Dealings and Trading fairly written down both Debt and Credit an Account out of which Book compared in open Court and Sworn to by said Merchants Factors Shop-keepers Tradesmen or Dealer or any of them or their or either of their Servants it shall be accounted sufficient for proof of said Debt Provided the same be put in Suit within six years after the Debt is contracted any Law What Testimony sufficient thereunto Custome or Usage to the contrary notwithstanding nevertheless if the Defendant will take his Oath he had not by himself or any other by his Order or Account the Goods charged or that he had paid for the same then shall the Case be judged according to the strongest presumption the parties concerned shall produce Debts to be paid in specie 4. It is Ordered That all Debts be paid in Specie according to Contract What testimony good in a Specialty 5. It is Ordered That one positive Testimony Sworn to a Bond or Bill or other Specialty or to an Account and he not a party the same not denied by the Defendant shall be accounted good proof in Law for the same and in any matter Criminal the confession of the party or the Fact seen or heard by him who is the proper Judg thereof What in some Criminals or one positive Witness and the party not denying or one positive Witness and concurring circumstances shall be sufficient to convict any person in any Crime the penalty whereof exceeds not ten shillings Bridges Defects in Bridges High-wayes to be presented c. 6. IT is Ordered by the Court and the Authority thereof That all defective Bridges and High-wayes the Countrey County Town or particular persons that of right ought to make and maintain the same for neglect or defect therein shall be liable to be Presented to the County Courts who as the case is circumstanced shall lay Countrey County Town or Person that is defective under such penalty as to them shall seem meet that they in such time as shal be Ordered Repair or make such Bridge or Way as is presented and if they neglect or refuse to perform the same within the time set besides such Fine as is laid on them shall pay double Damage to any particular Person that may suffer by reason thereof and if it be the occasion of the Death of any person after the time set them for making or repairing the same the Countrey County Town or Person defective shalâ— be liable to such reasonable satisfaction or fine to the Relations as the Court shall judge meet CHAP IV. CAPITAL LAWS 1. IT is Enacted by this Court and the Authority thereof That if any
the Authority aforesaid That all Treasons Felonies Piracies Robberies Murthers or Confederacies committed or that hereafter shall be committed upon the Sea or in any Haven Creek or Bay shall be Enquired Tried Heard Determined and Judged within this Colony in such like form as if such Offence had been committed in and upon the Land and to that end and purpose Commissions shall be had under the great Seal of this Colony directed to the Judge or Judges of the Admiralty of this Colony for the time being and to such other substantial Persons as by His Majesties Governour or Commander in chief for the time being shall be named or Appointed which said Commissioners or such a Quorum of them as by such Commission shall be thereunto Authorized shall have full power to do all things in and about the Enquiry Hearing Determining Adjudging and Punishing of any of the Crimes and Offences aforesaid as any Commissioneâ—s to be appointed by Commission under the great Seal of England by vertue of a Statute made in the XXVIII Year of the Reign of King Henry the eighth are Impowred to Do and Execute within the Kingdome of England And that the said Offenders which are or shall be Apprehended in or brought Prisoners to this Colony shall be liable to such Order Process Judgments and Execation by vertue of such Commission to be grounded upon this Act as might be Awarded or Given against them if they were proceeded against within the Realm of England by virtue of any Commission grounded upon the said Statute And all Trials heretofore had against such Criminal or Criminals before any Judge or Judges by vertue of such Commission or Authority at any time heretofore granted and all Proceedings thereupon are hereby Ratified And Indemnification Confirmed and Adjudged lawful and all such Judges with all and every the inferiour Officers that have acted thereby are hereby Indemnified to all Intents and Purposes whatsoever And in case they or any of them shall at any time hereafter be Sued Vexed Molested or Troubled for any such their Proceedings aforesaid he or they so Sued Vexed or Molested shall Plead the General Issue and give the Act in Evidence Any Law Statute Custome or Usage to the contrary in any wise notwithstanding And it is further Enacted by the Authority aforesaid That all and every person or persons that shall any way knowingly Entertain Harbour Conceal Trade or Hold any Correspondence The Abettors of Privateers c. to be punished as accessaries by Letter or otherwise with any person or persons that shall be Deemed or Adjudged to be Privateers Pirates or other Offenders within the construction of this Act and that shall not readily endeavour to the best of his or their power to Apprehend or cause to be apprehended such Offender or Offenders shall be liable to be Prosecuted as Accessaries and Confederates and to suffer such pains and penalties as in such case by Law is provided And for the better and more effectual Execution of this Act What is required of Commission officers in pursuance of this act Be it further Enacted by the Authority aforesaid That all Commission Officers in their several Precincts within this Colony are hereby required and impowred upon his or their Knowledge or notice given that any Privateers Pirates or other Persons suspected to be upon any unlawful design are in any place within their respective Precincts to Raise and Levy such a number of well Armed Men Their power as he or they shall think needful for the seizing apprehending carrying to Goal all and every such person or persons and in case of any resistance or refusal to yield Obedience to His Majesties Authority it shall be lawful to kill or destroy such person or persons and all and every person or persons that shall oppose or resist by Striking or Firing upon any of the commanded parties shall be deemed taken and adjudged as Felons without benefit of the Clergy And every such Officer that shall omit or neglect his duty herein penalty of their neglect shall forfeit fifty pounds currant Money of this Colony for every such Offence to be recovered in any of His Majesties Courts of Record within this Colony by Bill Plaint or Information wherein no Essoign Wager of Law or Protection shall be allowed one moiety thereof to be to our Soveraign Lord the King His Heirs and Successors for and towards the support of the Government of this Colony Penalty of the Souldiers not obeying their Officer sorders in execution of the premises and the contingent charges thereof and the other moiety to the Informer and all and every person or persons that upon Orders given him or them shall refuse to repair immediately with his or their Arms well fixed and Amunition to such place or places as shall be appointed by the said Officer and not readily obey his Commands in the Execution of the premises shall be liable to such Fine or corporal Punishment as by a Regimental Court Marshal shall be thought fit CHAP. V. Childrens Education 1. FOrasmuch as the good Education of Children and Youth is of singular use and benefit to any Common wealth and whereas many Parents and Masters either through an over-respect to their own Occasions and Business or not duely considering the good of their Children and Servants have too much neglected their Duties in their Education whilest they are young and capable of Learning Select mens care that all Children and Servants be brought to Record It is Ordered That the Select men of every Town shall have a vigilant Eye from time to time over their Brethren and Neighbours to see that all Parents and Masters do duely endeavour by themselves or others to teach their Children and Servants as they grow capable so much Learning as through the blessing of God they may attain at least to be able duely to read the Scripture and other profitable Books Printed in the English Tongue and the knowledge of the Capital Laws and in some competent measure the main Grounds and Principles of Christian Religion And Catichised necessary to Salvation by causing them to learn some orthodox Catechisme without book or otherwayes instructing them as they may be able to give a due answer to such plain and ordinary questions as may by them or others be propounded to them concerning the same And further that all Parents and Masters do breed and bring up their Children and Apprentices in some honest lawful Calling and Imployment that may be profitable for themselves and the Country And if after Warning and Admonition given by any of the Select Men unto such Parents or Masters they shall still remain negligent in their duty in any of the particulars aforementioned whereby Children or Servants may be in danger to grow Barbarous Rude and Stubborn and so prove Pests in stead of Blessings to the Country That then a Fine of ten shillings shall be Levyed on the Goods of such Negligent
each other and the case such as they lawfully may How if they be or will be Married then but ten pounds both And if any commit carnal Copulation after lawful Contract before Marriage they shall be Amerced each of them fifty shillings to the County and be imprisoned if the Court see reason If after Contract By lawful Contract is intended Mutuall consent of Parents Guardians or overseers and a solemn Promise of Marriage made to each other by the Parties before Competent Witnesses and if they cannot or will not pay their fine Lawful Contracts what then to be punished by whipping The Court for the more discountenancing the prevailing Evil Have further Ordered That such as Transgress in any of these wayes shall be Convict in open Court and their Fines to be paid in Mony Burglary and Robery how 3. It is Ordered by this Court and the Authority thereof That if any Person shall commit Burglary by breaking up any Dwelling House or Ware-House in the Night or on the Lord's Day or that shall forcibly Rob any Person in the Field or High-way The first the second offence such Offenders shall for the first Offence stand on the Gallows an hour and be Burnt on the Hand with the Letter B And for the second Offence shall be put to Death 4. That if any Stranger or Inhabitant of this Government shall be Legally Convict of Stealing or Purloining any Horses Chattles stealing or purloyning The first Second Mony or other Goods of any kind he shall be punished by paying three fold to the party wronged and a Fine to the County not exceeding the value Stole or Corporal Punishment as the Court shall determine and for the second Offence of the like kind to make like satisfaction to the Party wronged and be Branded in the Hand with the Letter R. And if the Delinquents have not wherewith to satisfie the Law Third offence they shall be Sold for time to make Satisfaction and if the Fact be committed on a Sabbath day the Brand to be on the Forehead and for the third Offence of like kind to be put to Death or Sold out of the Country as the Court shall see cause prophane swearing 5. It is Enacted by the Court c. That whosoever shall prophanely swear or curse by the Name of God or any of his Attributes The first Words or Worâ—ks he or they shall be set in the stocks not exceeding three hours or pay five shillings fine to the County second offence c. or be imprisoned according to the quality of the Person and for a second Offence to pay ten shillings to the County or be whipt and so from time to time as often as afterwards found Transgressing in this kind 6. Forasmuch as the open Contempt of Gods Word and the Messinger thereof is the desolating sin of Civil State and Churches Vilifying the the Scripture or Holy Pen-men thereof Or the Word of God preached Or the Ministers thereof Or the wayes Churches or Ordinances of Christ It is Enacted That if any Christian so called in this Government shal speak contemptuously of the Holy Scripture or the Holy Pen-men thereof such Person or Persons shall be punisht by fine not exceeding five pounds or Corporal punishment by whipping And if any shall behave themselves Contemptuously towards the Word of God Preached or any Minister thereof called and faithfully dispencing the same in any Congregation either by manifest interrupting him in his Ministerial Dispensations or falsely peremptorily charging him with Teaching Errors to the disparagement and hinderance of the Work of Christ in his hand or mamfestly and contemptuously reproach the Wayes Churches or Ordinances of Christ being duely Convict thereof he or they for the first Transgression be Amerced twenty shillings fine to the County or be set in the Stocks not exceeding four hours But if he or they go on to transgress in the same kind then to be Amerced forty shillings or be whipt for every such Transgression 7. It is Ordered c. That where a Judgment is given in any Court for any Person of House or Lands upon the Tryal of the Title thereof or other Just cause if the Person against whom the Judgment is given doth either forcibly detain Possession thereof Forceable detainer either against the Officer impowred to serve an Execution thereon or after Execution served enter upon it again and so return Possession by force he shall be accounted an high Offender against the Law and breaker of the publick Peace Therefore speedily to redress such a Criminal Offence every Magistrate is impowred and by his Place hath power to give Warrant and Command to the Marshal Entry and possession Officer and other men whom he thinks meet to be imployed in the business the Marshal or other Officer also requiring aid greater or lesser as need requires to suppress the force and give Possession to the Owner and to imprison such as do appear to be Delinquents and their Aiders and Abettors to be forthcoming at the next Court that did give the Judgment in the Case there to make their answer and whom the Court doth find guilty to set such fine or other punishment upon them as the merit of their several Cases doth require Disturbance of the Peace 8. It is Ordered c. That whosoever shall disturb or undermine the Peace of this Jurisdiction or Inhabitants thereof by plotting with others or by his own Tumultuous and offensive carriage Traducing Quarrelling Challenging or Assaulting or any other way tending to publick Disturbance in what Place soever it be done or shall Defame any Court of Justice or any of the Magistrates Defamation of Court or Judge or Judges of any Court in this Jurisdiction in Respect of any Act or Sentance therein Passed Every such Offender upon due proof made shall be by the County Court punished by fine imprisonment binding to the Peace or good behaviour according to the quality and measure of the Offence or Disturbance to them seeming just and equal And that such as Beat Hurt or Strike any other Person shall be liable to pay unto the Party hurt or stricken and such Fine to the County as on consideration of the party smit Beating or hurting any Person and with what Instrument Danger more or less time place provocation c as shall be judged just and reasonable to the merit of the Offence by them that have the proper cognizance of the same 9. It is Ordered c. That if any person shall Forge any Deed or Conveyance Testament Bond Bill Release Acquittance Letter of Attorney or any Writing to pervert Equity and Justice Forging of Deeds Testaments Bonds Bills c. he shall pay the party grieved double Damages and be fined himself so much to the Countries use and if he cannot pay it to be publickly Whipt and Burned in the Face with a Roman F. 10. Be
Years of Age and have taken the Oath of Fidelity or Free-mans Oath shall Vote for the nominating of Persons to present to the Court for Commission Officers for chusing of Serjeants for the Company and likewise for a Clerk 7. Ordered That whosoever of said Company shall be chosen Clerk as before and shall refuse said Office shall pay forty shillings fine in Mony value to the use of the Company and the Company to chuse another his fine that refuseth the office of a Clerk and no man shall be compelled to serve above one year in five and that the Clerk for his Encouragement and Trouble shall have one quarter part of all fines he shall attend the Company the whole day call over the List at the Captains or chief Officers appointment to take notice of all such as are absent and other Neglects and Offences in time of Exercise Clerks work duty and recompence Said Clerk to demand and receive or for non payment to destrain for all fines in thirty dayes after they are payable by Law and three Months after such time the Clerk to be Accountable for all sines and stand charged therewith deducting his own part and to dispose of the other parts as he shall have Order from the Captain or chief Officer and upon his refusing or neglecting to pay what shall be due as aforesaid it shall be Lawful for a Constable by Warrant from under the hand of said Captain or chief Officer to Levy the same out of said Clerks Estate The Clerk may distre in by virtue of his Office 8. It is Ordered In case of the Clerks destraining for any fine they may do it by virtue of their Office without Warrant and shall observe the Law in such Case provided Commission of sicers power 9. Also the Commission Officers or major part of them shall have power to punish such Souldiers as shall commit any disorder or contempt upon the day or time of Military Exercise or upon Watch or Ward by any Military punishment or by fine not exceeding twenty shillings and upon any great Offence may refer the same to the determination of the Council of War Who how oft to view Arms Amunition 10. Ordered That at least once a year one of the Commission Officers together with the Clerk and any other of the Officers he shall see cause to take with him shall from House to House view the Arms and Amunition of all persons lyable by Law to keep Arms and exact the fine of all such as they find not fixed and provided as the Law requires penalty for defect of Drums 11. Every Town Defective in or wanting a Drum or if Sixty Families have not two Dums in two Months to pay a fine of forty shillings to the County Colours are how to be provided c 12. That every Town provide Colours Drums and Halbarts for the use of the Company the same to be maintained by the fines if they amount to enough for the doing of it and other necessary charges of the Company otherwise to be supplyed by the Town 13. That there shall be a standing Council of War or Court Marshal in the Colony consisting of the Governour and Deputy Governour Amstants the Majors of the several Regiments council of war or Court Marshal its constitution and three others to be appointed by the General Court one out of each County the major part whereof or so many in any suddain Exigence as get together shall make a valid Act of any thing within their Power provided there be fire at the least agreting thereunto The said Council of War by Warrant to Impress Men Horses Carts Provisions or other necessaries for any Expedition or Military Occasion It s power to proportion the number of Men by each Town to be sent forth in any Service to give Directions Orders to Military Commanders if need acquire to appoint and Commissionate to send forth as there may be occasion to hear and determine all Appeals from the Sentence of Commanders of Companies or matters by such Commanders referred to their Determination and punish Offenders referred to them What Stock of Arms Amunition for the Colony 14. That there be provided a Stock of Arms and Amunition for the Colonies Service the quantity to be determined by the Council of War and by them to be disposed and secured That every Town for every thirty of their Listed Soudiers or proportionably provide thirty pounds of Powder one hundred and thirty pound of Bullets one Hogsbead of Flints two Muskets six Cattouch Boxes on penalty of five pound to be paid by each Town defective to the Major of the Regiment where the defect is For the particular Towns and by him with the Captain or chief Commander or major part of them to be disposed of by them for the use of said Regiment said Major with two of the Captains Annually to inspect every Town Stock within their Regiment and where defective by Warrant from the Major and said two Captains to the Marshal to demand the fine of any Man of said Town and upon non payment to destrain the fine of any Man of said Town and he to have the same and his Damage to be made good by the Town upon Complaint to the County Court and they to Order the same 15. That in times of Danger there shall be Military Watches set in each Town and Warding according to the discretion of the chief Commander or Town Council Military Watches Wards or such other Orders they may receive from Superiour Officers or Council of VVar and all Persons liable to Train shall be lyable to attend the same on penalty of three shillings a Day and three shillings a Night for their Neglect None in time of Danger shall force himself upon any Sentinal upon the peril of his Life being warned three times to stand 16. That in case an Alarm orderly made every listed Souldier forth with shall repair to his Colours or place of Perade compleatly Armed and fitted according to Law under the penalty of five pounds to be paid c. and that they shall there attend such Service as they shall be appointed by their Commander Alarms how to be attended on pain of suffering such punishment as a Court Marshal or the Council of VVar shall Inflict An Alarm shall be by shooting of two Guns distinctly and crying Arm Arm Arm The Alarm shall be taken and carried from Neighbourhood to Neighbourhood and so from Town to Town and the Shooting of said Guns or giving Order for the Alarm Horse and Man forth with dispatched to the Magistrate What to taken for an Alarm Deputy Select men or Constable of the next Town to inform them of the occasion who shall forthwith send to the next Town and so from Town to Town throughout the Colony who shall take the Alarm and put themselves in a Posture of Service as