THE GENERAL LAWS And LIBERTIES Of the MASSACHUSETS COLONY Revised Re-printed By Order of the General Court Holden at Boston May 15th 1672 Edward Rawson Secr. Whosoever therefore resisteth the Power resisteth the Ordinance of God and they that resist receive to themselves Damnation Rom. 13. â— CAMBRIDGE Printed by Samuel Green for John Vsher of Boston 1672. THE GENERALL LAWS OF THE MASSACHVSETS COLONY REVISED AND PUBLISHED BY ORDER OF THE GENERAL COURT in October 1658. FOrasmuch as the free fruition of such Liberties Immunities Priviledges as Humanity Civillity and Christianity call for The Civil priviledges of the Inbitants of this Colony as due to every Man in his Place and Proportion without Impeachment and Infringement hath ever been and ever will be the Tranquility and Stability of Churches and Common-wealth and the denyall or deprival thereof the disturbance if not ruine of both It is therefore Ordered by this Court and the Authority thereof That no mans life shall be taken away no mans Honour or good Name shall be stained no mans person shall be arrested restrained banished dismembred nor any wayes punished no man shall be deprived of his wife or children no mans goods or estate shall be taken away from him nor any wayes indamaged under colour of Law or countenance of Authority unless it be by virtue or equity of some express Law of the Country warranting the same established by a General Court and sufficiently published or in case of the defect of a Law in any particular case by the word of God And in Capital Cases or in Cases concerning dismembring or banishment according to that word to be judged by the Generall Court 1641. Ability Age. Age of discretion IT is Ordered by this Court and the Authority thereof That the age for passing away Lands or such kinde of Hereditaments or for giving of Votes Verdicts or Sentences in any civil Courts or causes shall be one and twenty years but in chusing Guardians fourteen years Liberty to dispose Estate And all persons of the age of one and twenty years as aforesaid and of understanding and memory whether excommunicate condemned or other shall have full power and liberty to make their Wills and Testaments and other lawfull Alienations of their Lands and Estates 1641. 47. Age for Plantiffs and Defendants Age for Plaintiff and Defendant IT is Ordered by this Court and the Authority hereof that the age for Plantiffs and Defendants in civil Cases before any Magistrate Commissioner or Court of Judicature shall be twenty one years of age and for all persons under that age their Parents Masters and Guardians as they shall see meet shall plead and defend their right and interest as the matter may require and in all Criminal cases every person younger as well as elder shall be liable to answer in their own persons for such misdemeanours as they shall be accused of any may also inform and present any misdemeanour to any Magistrate Grand-jury-man or Court any Law Custome or Usage to the contrary notwithstanding 1668. Actions IT is Ordered by this Court and the Authority thereof That all Actions of Debt Actions when tryable Accounts Slander and Actions of the Case concerning Debts and Accounts shall henceforth be tryed where the Plaintiffâ— pleaseth so it be in the Jurisdiction of that Court where the Plaintiffe or defendant dwelleth unless by consent under both their hands it doth appear they would have the case tryed in any other Court All other Actions shall be tryed within that Jurisdiction where the cause of the Action doth arise 2. Whereas sundry Inconveniences do arise by reason that Plaintiffs in Civil Cases do delay to Enter their Actions to the great expence of much precious time and damage to the Publick Rule for entry of Actions This Court doth therefore Order That henceforth no Action shall be Entred after the first day of the Court is ended And in case any Plaintiff shall delay his Entry longer then the first Forenoon of the Courts sitting every such person or persons shall pay double Entry-money And all persons whether Parties or Witnesses are enjoyned to attend their respective Concerns in every Court of Justice as well the first Forenoon of the Court as afterwards and shall present the whole Plea and Evidence before the Case be committed to the Jury and no after-Plea or evidence shall be admitted to any person Any Law Usage or Custome to the contrary notwithstanding And for that end all Marshalls and Constables are enjoyned to make their Returns of Attachments by them served sometime the first Forenoon of the Court that is to take cognizance of the Case concerned therein Provided That the double Entry-money be paid by him that so neglects his Entry and not put the Defendant to unnecessary charge through his default 1665. Actions of trespass under forty shillings 3. In all Actions of Trespass where Damage shall be pretended above Forty shillings and yet on the hearing thereof it shall appear to the Court to come under that value in all such Cases the Plaintiffe shall lose his Action and pay the Defendant cost Fees for Entry of Actions 4. Every Person impleading another in any Court of Assistants or County Court shall pay the sum of ten shillings before his Case be Entred and for every Action of above forty shillings value tryable before the Commissioners of Boston ten shillings and for all Actions under forty shillings tryable before the said Commissioners one Magistrate or the three Commissioners for ending small Causes A. 52. p. 7. ten Groats unless the Court see cause to admit any to Sue in forma pauperis 1642. 52. 5. And where the Debt or Damage recovered shall amount to Ten pounds in every such case to pay five shillings more Addition of fees of Actions and where it shall amount to Twenty pounds or upward there to pay ten shillings more then the first ten shillings which said additions together with the charge of the Entry of the Action shall be put to the judgement and execution to be leavied by the Marshall and accounted to the respective Treasurers to whom it appertaineth 1647. 6. Whereas the Country is put to great Charge by this Courts attending Suâ—â—s Commenced or Renewed by Petition or Review Actions brought to the General Court to bear the charge of the Court. It is Ordered that in all such cases if it appear to the Court that the Plaintiffe had no just cause of any such proceeding the said Plaintiffe shall bear the whole charges of the Court both for time and expences which they sha â— judge to be expended by his occasion and may further impose a fine upon him as the merit of the cause shall require but if they finde the defendant in fault they shall impose the just charges upon such defendant Plaintiff liberty to withdraw his Action 7. And in all Actions brought to any Court the Plaintiffe shall have liberty
be required by the said Court Jurors not bound to reveel Secrets Provided no Juror nor any person whatsoever shall be bound to inform present or reveal any private Crime or Offence wherein there is no peril or danger to this Colony or any Member thereof when any necessary tye of Conscience binds him to secresie unless it be in Testimonies lawfully required A. 55. p. 19. Jurors allowance And every Grand juror shall be allowed three shillings per diem for his charges out of the fees and other profits arising in each Court where they do service or by the Country if those in comes fall short 3. In all cases wherein the Law is obscure so as the Jury cannot be satisfied therein whether it be Grand or Petty Jury A. 57. p. 25. they have liberty to present a special Verdict viz. Juries liberty to Rive a special Verdict If the Law be so in such a point we finde for the Plaintiffe but if the Law be otherwise we finde for the Defendant in which case the determination doth properly belong to the Court. And all Jurors shall have liberty in matter of Fact if they cannot finde the main issue yet to finde and present in their Verdict so much as they can 4. And if the Court and Jury shall so differ at any time about their Verdict Court and Jury not agreed case comes to the General Court that either of them cannot proceed with peace of Conscience the case shall be issued and determined at the next Court of Assistants in manner following i. e. the Attachment with the Security for appearance at the County Court shall be continued to the Court of Assistants A. 56. p. 14. and if the Plaintiffe shall see cause further to prosecute his Action he shall give summons to the Defendant as the Law provideth and shall also take out of the Records of the County Court the Records of the said case with the Evidences presented by both parties and bring the same to the Court of Assistants where after the case is presented as it was at the County Court both parties shall have liberty to make any new Pleas or Evidence before the Bench and Jury and in case the Plaintiffe shall not further prosecute his Action in manner as is hereby provided the Defendant shall then have Judgement granted him for his costs at the next Court of that County 5. It is further Ordered That whensoever any Jury or Jurors are not clear in their Judgements or Conscience L. 1. p. 31. concerning any case wherein they are to give their Verdict Juries liberty to take advice in open Court they shall have liberty in open Court but not otherwise to advise with any man they shall think fit to resolve or direct them before they give in their Verdict And no Juror shall be compelled to serve above one ordinary Court in a year except Grand jurors Jurors to serv'â— but a year except who shall hold two Courts together at the least and such as shall be summoned to serve in cases of lite and death or Banishment 1634 41 42 49 50 51 53 56 57. 6. Whereas in Suits and Actions brought into Courts between party and party sometimes the Plaintiffe and sometimes the Defendant and sometimes neither of them do attend to answer when they are called to Prosecute or Answer which hath been too long connived at by the Magistrates and much time lost in sending to seek them out or wait their comeing in whereby the Country charges encreased and the Magistrates Jurors Witnesses and others abused contrary to the Laudable Reasonable Practise and Customes of all Courts in our Native Country and other Countries known unto us It is therefore hereby Ordered and Enacted That if any Plaintiffe He or Shee have entred any Action to be tryed in any Court or which comes orderly into any Court by Replevin Appeal or by the disagreement between the Magistrates and Jury in an Inferiour Court and do not by him or her self or by their Attornies make their appearance and prosecute their Action immediately after they have been three times called in the Court by Name after the first forenoon of the Court Plaintif and Defen dants penalty for not answ at their call that then they shall be Non-suited and if Plaintiffe or Defendant appear upon such call they shall have their costs granted by the Court against him or her that doth not appear Plaintiffs liberty to make new entry in case and if afterwards both parties do agree to try their case at the same Court they shall be allowed so to do the Plaintiffe paying half so much for a new Entry as he did before Delinq penalty for not answering when calld And if any person presented by the Grand-jury for any offence or Sun moned by a Magistrate to answer any crime do not upon Summons appear at the time appointed upon the third call as aforesaid He or Shee shall be proceeded against for contempt except He or Shee be restrained or prevented by the Hand of God Lands free Lands IT is also Ordered and by this Court Declared That all our Lands and Heritages shall be free from all Fines and Licenses upon Alienations and from all Hariots Wardships Liveries Primerseizins year day and waste Escheats and forfeitures upon the Death of Parents or Ancestors natural unnatural casual or judicial and that for ever 1641. LEATHER THis Court considering the several Deceits and Abuses which in other places have been and are commonly practised by the Tanners Curriers and workers of Leather as also the abuses and inconveniences which accrue to the several Members of this Common-wealth by Leather not sufficiently Tanned and Wrought which is occasioned by the negligence and unskilfulness of these several Trades-men which before in and after it is in the hand of the Tanner may be much bettered or impaired for prevention whereof Butchers Curriers may not Tan It is Ordered by this Court and the Authority thereof That no person using or occâ—pying the Feat and Mystery of a Lutcher Currior or Shoâ—maker by himself or any other shall use or exercise the Feat or Mystery of a Taâ—ner on pain of the forfeiture of six shillings eight pence for every Hide or Skin by him or them so Tanned whilest he or they shall use or occupy any of the Mysteries aforesaid Nor shall any Tanner during his using the said Trade of Tanning use or occupy the Feat or Mystery of either Butcher Currier or Shoomaker by himself or any other upon pain of the like forfeiture Gashing of hides forfeit 12. d. Nor shall any Butcher by himself or any other person Gash or Cut any hide of Oxe Bull Steer or Cow in fleaing thereof or otherwise whereby the same shall be impaired or hurt on pain of forfeiting twelve pence for any such Gash or Cut in any Hide or Skin Nor shall any person or persons henceforth Bargain Buy make any
Deputyes when they are by themselves it shall be examined and sentenced when they are by themselves if it be when the whole Court is together it shall be judged by the whole Court. 1637 41. 7. For the better Administration of Justice and easing of the Country of unnecessary charges and travaile L. 1. P. 14. It is Ordered by this Court and the Authority thereof That there bee two Courts of Assistants yearly kept at Boston Two Courts of Assistants by the Governour or Deputy Governour and the rest of the Magistrates on the first Tuesday of the first month and on the first Tuesday of the seventh month to hear and determine all their power and onely actions of Appeale from inferiour Courts all Causes of divorce all Capital and Criminal Causes extending to Life Member or Banishment And that Justice be not deferred nor the Country needlesly charged L. 3. P. 5. It shall be Lawfull for the Governour or in his absence the Deputy Governour as they shall judge necessary to call a Court of Assistants for the Tryall of any Malefactour in Capital Causes Governour may call a Court of Assistants Also there shall be County Courts held in the several Countyes by the Magistrates living in the respective Counties or any other Magistrates that can attend the same or by such Magistrates as the General Court shall appoint from time to time L. 1. P. 14 15. together with such persons of worth where there shall be need as shall from time to time be appointed by the General Court at the nomination of the Freemen of the County to be joyned in Commission with the Magistrates County Courts so that they may be Five in all who keep them Three whereof may keep a Court provided there be one Magistrate Every of which Courts shall have full power to hear and determine all Causes How many judges Civil and Criminal not extending to Life Member or Banishment which with Causes of divorce are reserved to the Court of Assistants and to make and constitute Clerks and other needfull Officers their Power and to Summon Juryes of Inquest and Tryals out of the Towns of the County Provided no Jurors shall be warned from Salem to Ipswich nor from Ipswich to Salem and the times and places for holding the County Courts shall be as followeth SVFFOLK Boston the last tuesday of the second Month. The last tuesday of the fifth Month. Time and plâ— of the County Courts The last tuesday of the eighth Month. And the last tuesday of the eleventh Month. NORFOLK Salisbury the second tuesday of the second Month. Hampton the second tuesday of the eighth Month. ESSEX Salem the last tuesday of the fourth Month. And the last tuesday of the ninth Month. Ipswich the last tuesday of the first Month. And the last tuesday of the seventh Month. PASCATAQVA Dover the last tuesday of the fourth Month. Portsmouth the last tuesday of the fourth Month. MIDDLESEX Charlstown the third tuesday of the fourth Month. And the third tuesday of the tenth Month. Cambridge the first tuesday of the second Month. And the first tuesday of the eighth Month. YORKSHIRE York the first tuesday of the fifth Month. HAMPSHIRE North-Hampton the last tuesday of the first Month. Springfield the last tuesday of the seventh Month. A Judgement acknowledged before any two Magistrates and the Secretary of Clerk of any Court shall be good in Law L. 2. p. 7. Judgement acknowledged before two Magistrates and the Clerks Fee for Recording the same shall be twelve pence and if the Secretary or Clerk be a Magistrate he with one Magistrate may do it 8. For the more speedy dispatch of all Causes which shall concern Strangers who cannot without prejudice stay to attend the ordinary Courts of Justice L. 1. p. 15. It is Ordered that the Governour or Deputy Governour with any two Magistrates or when the Governour Special Courts for Strangers Deputy Governour cannot attend it that any three Magistrates shall have power upon the request of such Stranger to call a special Court to hear and determine all Causes civil and criminal triable in any County Court according to the manner of proceeding in County Courts which shall arise between such Strangers or wherein any such Stranger shall be party Records of special Courts to be transmittâ—d to the Court of Assistants And all Records of such proceedings shall be transmitted to the Records of the Court of Assistants to be entred as trials in other Courts which shall be at the charge of the party cast or condemned in the case 1639. L. 2. P. 15. Strangers liberty to sue at any Court It is further Ordered that it shall be lawful for any Stranger upon legal Summons to enter any Action in any Court of this Jurisdiction against any person not residing or Inhabitant amongst us 9. For preventing all occasions of partial or undue proceedings L. 1. P. 36. in Courts of Justice and avoiding of jealousies It is Ordered that in every civil Cause between Party and Party where there is between any Judge of the Court Judges related to parties not to give Sentence and any of the parties the Relation of Father and Son either by Nature or Marriage Brother and Brother Uncle and Nephew Landlord and Tenent in matters of considerable value Such Judge though he may have liberty to give reasonable Advice in the case yet shall have no power to Vote or give Sentence therein neither shall sit as a Judge when he shall so plead or give Advice therein 1635. L. 1. P. 16. Offender to be Judged the next Court. 10. It is Ordered by this Court that every person that is to Answer for any criminal Cause whether in Prison or under Bayle his Cause shall be heard and determined at the next Court that hath proper cognizance thereof if it may be done without prejudice of Justice 1641. 11. Forasmuch as the proceedings of this Court are often hindred by introducing particular cases of a private nature A. 54. P. 2. In difficult casâ—s Courts may consult with the General Court It is therefore Ordered that no Court shall transfer the Cases comeing before them and proper to their cognizance whether civil or criminal but if there be difficulty in any case the Court shall state the Question leaving out the parties Names and may present the same to the General Court where it may be resolved and according to the said resolution of the General Court the Inferiour Court that presented the Question shall at their next meeting proceed to Judgement or Sentence 1654. L. 2. P. 4. County Courts may admit Freemen 12. Every Court within this Jurisdiction where two Magistrates are present may admit any Church Members that are fit to be Freemen giving them the Oath and the Clerk of each Court shall certifie their Names to the Secretary at the next General Court 1641. It
him Forreign Plaintiffs to put in security 1. And it is further Ordered that in all Attachments of Goods and Chattels or of Lands and Hereditaments legal notice shall be given to the party or left in writing at his house or place of usual abode otherwise the suit shall not proceed notwithstanding if he be out of this Jurisdiction the cause shall then proceed to tryal Execution respited but Judgement shall not be entred before the next Court and if the Defendant do not then appear Judgement shall be entred but Execution shall not be granted before the Plaintiff hath given security to be responsal to the Defendant if he shall reverse the Judgement within one year or such further time as the Court shall limit 2. And it is hereby Declared that no Summons Pleading Judgement L. 1. p. 49. or any kinde of proceeding in Courts or course of justice shall be abated arrested or reversed upon any kinde of circumstantial errours or mistakes Circumstantiall errours if the person and cause be rightly understood and intended by the Court. And in all Cases where the first Summons are not served six dayes inclusively before the Court and the Case briefly specified in the Warrant Summons to be served six dâ—yoâ— before the Court where appearance is to be made by the party Summoned it shall be at his liberty whether he will appear or not except all cases that are to be handled in Court suddenly called on extraordinary occasion 3. And whereas Suits at Law A. 51. p. 1 In whose name to take out precess many times such as do prosecute the same in their own name in procuring the process intend and do declare in the name and on the behalf of others viz. as Executors Administrators Assignes Atturnies Guardians Agents or the like which is not only improper but tendeth also to uncertainty for prevention whereof It is Ordered That henceforth the Original process whether Summons or Attachments shall express in whose name the Plaintiff sueth whether in his own name or as Executor of the last Will and Testament of such a man or Administrator of the Goods and Chattels of such a man or Assigne Atturney Guardian or Agent of such a man or the like or otherwayes if exception be taken before the parties joyn issue it shall be good and the Plaintiff shall be liable to pay cost 1641. 44. 47. 51. Marshalls may serve Attachments VVHereas it hath been commonly practised that Attachments have been directed to the Marshall to be served in any Town under the Jurisdiction of that Court whereof the Marshall is Officer notwithstanding the Law doth Order that all Attachments shall be directed to the Constable in such Towns where no Marshall dwells Marshalls may serve Attachments It is hereby Ordered and Declared That the said Custome shall be accounted legal and shall not abate the Proceeding or Tryal of any Cause Provided no more Costs be charged on the Defendant then by Law are due to Constables for serving Attachments 1662 BAKERS IT is Ordered by this Court and Authority thereof That henceforth every Baker shall have a distinct mark for his Bread and keep the true Assizes as hereafter is expressed viz. when Wheat is ordinarily sold for money at these several Rates hereafter mentioned the penny white loaf by averdupois weight when Wheat is by the bushel at 3 s. 0 d. the white 11 ounces 1 qr wheat 17 ounces 1 qr houshold 23 ounc 0. at 3 6 10 1 15 1 20 2. Weight of Bread at 4 0 09 1 14 0 18 2. at 4 6 08 1 11 3 16 2. at 5 0 07 3 11 2 15 2. at 5 6 07 0 10 2 14 0. at 6 0 06 2 10 0 13 0. at 6 6 06 0 09 2 12 2. And so proportionably under the penalty of forfeiting all such Bread as shall not be of the several Assizes aforementioned to the use of the poor of the Town where the offence is committed and otherwise as is hereafter expressed and for the better execution of this present Order there shall be in every Market Town Clerk of the Market and all other Towns needfull one or two able persons annually chosen by each Town who shall be sworn at the next County Court or by the next Magistrate unto the faithful discharge of his or their Office who are hereby Authorized to enter into all houses either with a Constable or without Their power where they shall suspect or be informed of any Bread baked for sale and also to weigh the said Bread as oft as they see cause and seize all such as they finde defective As also to weigh all Butter made up for sale and brought unto or being in the Town or Market to be sold by weight which if found light after notice once given shâ—ll be forfeited in like manner The like penalty shall be for not marking all Bread made for sale A. 52. p. 8. And the said Officer shall have one third part of all forfeitures for his pains the rest to the poor as aforesaid 1646. 2. Whereas it appears to this Court that there is much deceit used by some Bakers and others who when the Clerk of the Market cometh to weigh their Bread pretend they have none but for their own use and yet afterward put their Bread to sale which upon tryal hath been found too light for prevention of such abuses for time to come It is Ordered that all persons within this Jurisdiction who shall usually sell Bread within doors or without shall at all times hereafter To prevent deceit in Bakers have all their Bread that they either put to sale or spend in their families made of the due Assizes marked and yielded to tryal of the said Clerk as is directed in the Order aforesaid under the penalty therein exprest 1652. BALLAST IT is Ordered by this Court and the Authority thereof That no Ballast shall be taken from any Town shore by any person whatsoever Ballast not to be taken without leave without allowance under the hands of the Select men upon the penalty of six pence for every shovel full so taken unless such stones as they had laid there before It is also Ordered That no Ship nor other Vessel shall cast out any Ballast in the Channel or other place inconvenient in any Harbour within this Jurisdiction upon the penalty of ten pounds nor cast into the Channel 1646. BARRATRY IT is Ordered and Decreed and by this Court Declared That if any man be proved and judged a common Barrater vexing others with unjust Barratry frequent and endless suits it shall be in the power of the Court both to reject his Cause and to punish him for his Barratry 1641. BENEVOLENCE IT is Ordered That this Court hereafter will grant no Benevolence except in forreign occasions and when there is Money in the Treasury sufficient and our debts first satisfied 1641. It is Ordered by this
Cattle or otherwise voluntarily Trespass upon his neighbours ground and if the party damnified finde the Cattle damage feizant he may impound or otherwise dispose of them 1642 FENCE VVHereas the Laws published concerning Fences and Cattle being in the second Edition transported from their first order and method much difficulty doth many times arise concerning the true meaning thereof whereby great damages do accrew to many of the Inhabitants and consequently to the Country For prevention whereof This Court doth Order and Enact That where any Cattle shall Trespass on any propriety Fence to secure Corn Fields not appearing to be sufficiently Fenced against Swine sufficiently yoaked and ringed or Cowes and such Cattle as will be restrained by a sufficient Fence in the judgement of the viewers of the Fences as Pag. 11. Sect. 6. in all such cases the Owners of the Fence or of the Land shall bear all such damages as to them thereby sustained any thing in the said Order or any other Law Custome or Usage to the contrary notwithstanding 1662 Causes Small Causes One Magistrate may end causes under 40. s. FOR easing the Charge and Incumbrance of Courts by small Causes It is Ordered by this Court and Authority thereof That any Magistrate in the Town where he dwells may hear and determine by his discretion not by Jury according to the Laws here established all causes arising in that County wherein the Debt Trespass or Damage doth not exceed Forty shillings who may send for parties and witnesses by Summons or Attachment directed to the Marshall or Constable who shall faithfully execute the same Three Commissioners in Towns to end small causes And it is further Ordered that in such Towns where no Magistrate dwells the Court of Assistants or County Court may from time to time upon request of the said Towns signified under the hand of the Constable appoint three of the Freemen as Commissioners in such cases any two whereof shall have like power to hear and determine all such causes wherein either party is an Inhabitant of that Town who have hereby power to send for Parties and Witnesses by Summons or Attachment directed to the Constable as also to Administer Oaths to Witnesses and to give time to the Defendant to Answer if they see cause and if the Party Summoned refuse to give in his Bond or Appearance or sentenced refuse to give satisfaction where no goods appear in the same Town where the Party dwells they may charge the Constable with the party to carry him before a Magistrate or Shire Court if then sitting to be further proceeded with according to Law L. 1. p. 46. but the said Commissioners may not commit to Prison in any case And where the Parties live in several Towns the Defendant shall be liable to be sued in either Town at the liberty of the Plaintiffe 2. And forasmuch as the Magistrates are under an Oath of God for dispensing equal justice according to Law It is Ordered by the Authority aforesaid that all Associates for County Courts when and where there shall be any and all such Commissioners Authorized as aforesaid Associates and Commissioners to be sworn shall be sworn before each County Court or some Magistrate in that County unto the faithful discharge of the trust and power committed to them And it is further Ordered That in all small Causes as aforesaid where only one Magistrate dwells in the Town and the Cause concerns himself as also in such Towns where no Magistrate is and the Cause concerns any of the three Commissioners that in such cases the Select men of the Town shall have power to hear and determine the same Select men to try Causes and also to graunt execution for the levying and gathering up such damages for the use of the person damnified as one Magistrate or three Commissioners may do And no Debt or Action proper to the Cognizance of one Magistrate or the three Commissioners as aforesaid L. 1. p. 4. shall be received into any County Court but by Appeal from such Magistrate or Commissioners County Court to reject all Actions under 40. s. except in cases of Defamation and Battery 1647. 49. 3. Whereas by reason of the concourse of People and increase of trade in the Town of Boston Suits at Law are grown more frequent A. 51. p. 6. where the County Courts are much prolonged and forasmuch as many crimes are also committed in the said Town by strangers and others which often escape unpunished For the prevention whereof Commissioners of Boston It is Ordered by this Court and the Authority thereof that there be seven Freemen resident in Boston annually chosen by the Freemen of the said Town and presented to the Court of Assistants who hereby have power to Authorize the said seven Freemen to be Commissioners of the said Town to act in things committed to their trust Chosen as is hereafter expressed who shall from time to time be sworn before the said Court Sworn or the Governour Deputy Governour or any two Magistrates And this Court doth hereby give and graunt Commission and Authority unto the said seven men or any five of them or any three of them with one Magistrate to hear and determine all Civil Actions which shall be brought before them not exceeding the sum of Ten Pounds Power in civil Cases to ten pounds arising within the neck of Land on which the Town is Scituate as also on Noddles Island or betwixt any persons where both parties shall be Inhabitants or Residents within the said Neck or Noddles Island aforesaid or where either party shall be an Inhabitant or Resident aforesaid Provided they keep a Book of Records for the entry of all Causes Evidences Testimonies Sentences and Judgements as the Law provides in like Cases which said Commissioners are Authorized annually to appoint a Clerk of their Court and to demand and receive of every Plaintiffe in all Cases or Actions not exceeding Forty shillings the sum of three shillings four pence and for all other Actions the sum of ten shillings and for all other things the accustomed fees and the said Commissioners shall from time to time publish their Court dayes as the three Commissioners in Towns are bound to And for the discovery prevention and punishment of Misdemeanours in the Town of Boston In Criminal Cases Power and Authority is hereby given and granted to the said Commissioners and every of them by Warrant under their or his hand to convent before them or any of them all such persons as shall be complained of for such offences or otherwise brought to their cognizance and to hear and determine the same according to the Laws here established as any Magistrate may do Provided the fines imposed by them do not exceed forty shillings for one offence And that the said Commissioners may the better and more diligently endeavour the suppressing of sin and misdemeanours and the breach
maintenance for the incouragement of a President This Court takeing the same into their serious consideration and finding that though many Propositions have been made for a voluntary Contribution yet nothing hath hitherto been obtained from severall persons and Townes although some have done very liberally and freely and fearing least we should shew our selves ungratefull to God or unfaithfull to posterity if so good a Seminary of Knowledge and Virtue should fall to the ground through any neglect of ours It is therefore Ordered by this Court and the Authority thereof That besides the Profit of the Ferry formerly granted to the Colledge which shall be continued there shall be yearly Levyed by Addition to the Country Rate one hundred pounds One hundred pounds given by the Court to the President and Fellows to be payd by the Treasurer of the Country to the Colledge Treasurer for the behoofe and maintenance of the President and Fellows to be distributed between the President and Fellows according to the determination of the Overseers of the Colledge and this to continue dureing the pleasure of the Country And it is hereby Ordered That no man shall stand engaged to pay his voluntary Contribution that he hath under-written by virtue of this Courts propositions and that such persons as have allready done voluntarily shall be considered for the same in the Country Rate such a proportion as this addition of one hundred pounds doth adde to the Rate to be allowed by the Constable to each person and by the Treasurer to the Constable 1659 CONDEMNED IT is Ordered by this Court That no man Condemned to dye shall be put to Death within four dayes next after his condemnation None to be executed within 4 dayes after Condemnation unles the Court see special cause to the contrary or in case of Marshal Law nor shall the Body of any man so put to death be unburied twelve houres unless it be in case of Anotomie 1641 It is Ordered by this Court and the Authority thereof That the Secretary for the time being shall from time to time Signe all Warrants for the execution of persons sentenced to Death Signing of VVarrants for execution either in the General Court or Court of Assistants and that the Secretary or Clerke of every Court shall signe Warrants for executions in all other judgements of Courts Civil or Criminal any Custome or usage to the contrary notwithstanding 1668 CONSTABLES IT is Ordered by this Court and Authority thereof That the Constable shall Whip Constable to whip or Punish any to be punished by Order of Authority where there is not another Officer apointed to do it in their own Townes unless they can get another to do it A. 55. P. 26 Also every Constable is Impowered and hereby Enjoyned faithfully to Collect such Rates and Assessments as shall from time to time be committed unto them To Collect town Rat. 〈◊〉 by the Select men of the several Towns provided it be by Warrant under their hand 2. It is further Ordered That any and every Person tendered to any Constable of this Jurisdiction by any Constable or other Officer To convey of senders of our owne or belonging to any Forraine Jurisdiction in this Country or by Warrant from any such Authority shall be presently received and conveyed forthwith from Constable to Constable till they be brought to the place to which they are sent or before some Magistrate of this Jurisdiction who shall dispose of them as the justice of the cause shall require Hues cryes to be pursued And all Hues cryes shall be duely received and diligently pursued to full effect And where no Magistrate is neer To be put forth by the Constable every Constable shall have full power to make signe and put forth pursuites or Hues cryes after Murderers Manslayers Peace-breakers Theeves Robbers Burglarers and other Capital offenders as also to Apprehend without warrant Offenders to be Apprehended such as are overtaken with Drinke Swearing Sabbath-breaking Lying Vagrant persons Night-walkers Provided they be taken in the manner either by the sight of the Constable or by present information from others As also to make search for all such persons either on the Sabbath day or other when there shall be occasion in all houses Licensed to sell either Beer or Wine or in any other suspected or disordered places and those to Apprehend and keep in safe custody till opportuinity serve to bring them before one of the next Magistrates to further examination Provided when any Constable is imployed by any of the Magistrates for Apprehending of any person he shall not do it without Warrant in writing All to assist the Constable on penalty of 10. â—s And if any person shall refuse to assist any Constable in the execution of his Office in any of the things afore mentioned being by him required thereto they shall pay for neglect thereof ten shillings to the use of the Country to be levyed by Warrant from any Magistrate before whom any such offender shall be brought and if it appear by good testimony Willfull neglect forty shilligs that any shall willfully obstinately or contemptuously refuse or neglect to assist any Constable as is before expressed he shall pay to the use of the Country forty shillings And that no man may plead ignorance for such neglect or refusall It is Ordered that every Constable shall have a Black staff of five foot long Tipped at the upper end about five inches with brass Constable Stafâ— as a Badge of his Office which he shall take with him when he goeth to discharge any part of his Office which staff shall be provided at the charge of the Town and if any Magistrate Constable or any other upon urgent occasion Not raysing Hue and cries in Capital câ—sâ—s fâ—â—â— shall refuse to do their best endeavour in raysing and prosecuting Hues cryes by foot and if need be by horse after such as have committed Capital Crimes they shall forfeit for every such offence to the use aforesaid fourty shillings 1646. For the Regulating and settling the charge of prosecution of Hues cryes It is Ordered that what shall Arise by occasion of escape from the Countrys prison or flight from Authority to avoyd the same shall be payd by the Treasurer of the Country and such as Arise by flying fom any of our County prisons or to escape any of them shall be defrayed by the Treasurer of that County where the occasion did arise Charge of Hues and cries And such persons as procure Hues cryes upon their own particular occasions shall bear all the charge arising therefrom provided due accompts be made by such as demand pay 1660. Conveyances Deeds and Writings FOR the prevention of Clandestine and uncertaine Sales and Titles A. 52. P. 15. It is Ordered and Declared by this Court That henceforth no Sale or Alienation of Houses and Lands within this Jurisdiction
as aforesaid he shall forfeit ten shillings for every such offence to the Plaintiffe COVRTS IT is hereby Declared That the General Court consisting of Magistrates and Deputies L 2. P. 10 13. is the chief Civil Power of this Common-wealth which onely hath Power to Raise Money and Taxes upon the whole Country and dispose of Lands viz. to Give and Confirme Proprieties appertaining to and immediately derived from the Country General Court the Cheif power and may Act in all affaires of this Common-wealth according to such Power both in matters of Counsel makeing of Lawes and matters of Judicature by Impeaching and Sentencing any person or persons according to Law and by receiving and hearing any Complaints orderly presented against any person or Court And it is Agreed that this Court will not proceed to Judgement in any Cause Civil or Criminal before the Deputyes have taken this Oath following 1634 42 44. I Doe Swear by the most great and dreadfull Name of the Everliving God that in all Cases wherein I am to deliver my Vote or Sentence against any Criminal Offence or between Parties in any Civil case I will deale uprightly and justly Deputys Oath according to my judgement and conscience And I will according to my skill and ability Assist in all other Publick affaires of this Court Faithfully and Truely according to the Duty of my place when I shall be present to attend the service 2. Forasmuch as after long Experience L. 1. P. 16. diverse inconveniences are found in the manner of proceeding in this Court by Magistrates and Deputies sitting together Magistrates and Deputys to sitt apart It is therefore Ordered by this Court and Authority thereof That henceforth the Magistrates sitt apart and Act all business belonging to this Court by themselves by drawing up Bills and Orders as they shall see good in their wisedom which haveing agreed upon they may present to the Deputies to be considered and accordingly to give their Consent or Dissent The Deputies in like manner sitting by themselves and consulting about such Orders and Laws as they in their discretion and experience shall finde meet for the Common good which agreed on by them they may present to the Magistrates who haveing considered thereof may manifest their Consent or Dissent thereto And no Law Order or Sentence shall pass L. 1. P. 5â— or be accounted an Act of this Court without consent of the greater part of the Magistrates on the one party and the greater number of Deputies on the other party But all Orders and Conclusions that have passed by Approbation of Magistrates and Deputyes as aforesaid shall be accounted Acts of this Court No Act to pâ—â—â— without consent oâ— the major part of both and accordingly be Ingrossed which on the last of day every Session shall be deliberately Read over before the whole Court Provided that if the Magistrates and Deputies shall happen to differ in any case of Judicature either Civil or Criminal such Case shall be determined by the Major Vote of the whole Court met together 3. FOR the Electing of the Governour Deputy Governour Assistants and General Officers upon the day appointed by our Patent to hold our yearly Election being the last Wednesday of every Easter Tearm Day of Election to be aâ—â—â—ded without Summons It is Solemnly and Unanimously Decreed and Established That henceforth the Freemen of this Jurisdiction shall either in Person or by Proxy without any Summons Attend and Consummate the Elections on the day aforesaid yearly at which time also they shall send their Deputyes with full Power to consult of and determine such matters Deputies also to be sent as concern the Welfare of this Common-wealth From which General Court no Magistrate or Deputy shall depart or be discharged without the consent of the Major part both of Magistrates and Deputies None to depart without leave during the first four dayes of the first Session under the penalty of one hundred pounds nor afterwards under such penalty as the Court shall impose Provided that the Deputies of Dover and of such other Townes as are not by Law bound to send Deputies are at liberty of attending any after Sessions 1643 53. 4. It is hereby Ordered and declared that the Governour and Deputy Governour joyntly agreeing or any three Assistants consenting L. 1. P. 24. have power out of Court to Reprieve a condemned Malefactor Governour and Deputy Governor three Assistant to review one condemned till the next Court of Assistants or General Court and that the General Court onely hath Power to Pardon a condemned Melefactor Also it is declared that the General Court hath Authority to send forth into Forraine parts any member of this Common-wealth General Court may send forth any person of whatsoever quality conditon office or relation about any publick Message or Negotiation Provided the Party so sent be acquainted with the Affaires he goeth about and be willing to undertake the Service 1641 5. It is Ordered by this Court that the Governour L. 1. P. 36 24. Deputy Governour or greater part of the Assistants may upon urgent occasion call a General Court at any time Power to call a General Court Not to be diâ—solved but by consent But no General Court shall be dissolved or adjourned without the consent of the Major part thereof 6. It is Ordered and declared that the Governour shall have a casting Vote wheresoever there shall be an aqui-vote in the Courts of Assistants or General Court the President or Moderator in all Courts of Civil Assemblies 1641 The Court being sensible of the great necessity of maintaing the Authority of Courts and Magistrates Doth Order That whosoever shall openly or willingly defame any Court of Justice L. 1. P. 36. or the Sentences and Proceedings of the same or any of the Magistrates or other Judges of any such Court in respect of any act or sentence therein passed Reproach Court or Magistrates and be convicted thereof shall be punished for the same penalty by whipping fine imprisonment dis-franchisment or banishment as the quality or measure of the offence shall deserve And if any Magistrate or other member of any Court shall use any reproachfull or unbeseeming speeches or behaviour towards any Magistrate Judge Offences of the members of the Court in Court how censured or member of that Court in the face of the Court he shall bee sharply reproved by the Governour or President of the said Court and if the quality of the offence be such as shall deserve a further Censure or if the person so reproved shall reply again without leave the Court may proceed to punish any such offender by fine or imprisonment or may bind him over to the next superiour Court. And if in a General Court any miscariage shall be amongst the Magistrates when they are by themselves it shall be examined and sentenced amongst themselves if amongst the
Not to permit any to be Drunk c. or to continue Tipling above the space of half an hour or at unseasonable times or after nine of the Clock at night in or about any of their Houses on penalty of five shillings for every such offence And if any person Licensed to sell Wine or Beer as aforesaid L. 2. p. 6. shall conceal in his House any person that shall be found Drunken and shall not forthwith procure a Constable to carry such Drunken person before some Magistrate or Commissioner Not to conceal Drunkards and in the interim the said Vintner or Drawer of Beer shall make stay of such persons till the Constable shall come under the penalty of five pounds for every default 4. And every person found Drunken L. 1. p. 30. viz. so as he be thereby bereaved or disabled in the use of his understanding appearing in his speech or gesture in any of the said Houses or elsewhere shall forfeit ten shillings and for excessive Drinking three shillings four pence and for continueing above half an hour Tipling two shillings six pence and for Tipling at unseasonable times Drunkeness Tipling the â—enalty or after nine of the Clock at night five shillings for every Offence in those particulars being lawfully convict thereof and for want of payment they shall be imprisoned till they pay or be set in the Stocks one hour or more in some open place as the Weather will permit not exceeding three hours 5. And if any person be found Drunken by night or by day L. 2. p. 6. or shall in his Drunkenness offer any abuse to the Constable or others either by striking or reviling him or them or using any endeavours by himself or others to make an escape it shall be in the power of the Constable to commit such person or persons to safe keeping or imprisonment or take Bond for his appearance as he shall see cause and the Keepers of each Prison upon Warrant from any Magistrate or Commissioner or Select men shall receive all such as shall be so committed and take but twelve pence for his fee in such cases And the Constable shall inform the next Magistrate thereof but if no Magistrate be in Town Convented bâ—fore some Mâ—â—â—â— Commissioner of Select men he shall convent such person or persons before one or more of the Commissioners for ending small causes and where no Commissioners are before any one or more of the Select men of the Town who have power given them to do as any one Magistrate may do in like case Provided nevertheless if any such Delinquent shall confess his fault and pay his fine and other charges the Constable shall receive it and dismiss the offender and every person hereby Authorized to receive the fines aforesaid shall forthwith make return to the Treasurer of the County where such offence is committed of what he hath done and received in such cases 6. It shall be lawful notwithstanding for all Licensed persons to entertain Land-travellers or Sea-faring men in the night season L. 1. p. 30. when they come on shore or from their journey for their necessary refreshment Travelâ—erâ— entertained for a night or when they prepare for their voyage or journey the next day early so there be no disorder among them and also Strangers Lodgers or other persons in an orderly way may continue in such Houses of Common Entertainment during meal times or upon lawful business what time their occasion shall require Wine merchant Coopers c. not to permit any to be Drunk 7. Nor shall any Merchant Cooper Owner or Keeper of Wines or other persons that have them in ther custody suffer any person to drink to Excess or Drunkenness in any of their Wine-sellers Ships or other Vessels or places where Wines do lye on pain to forfeit for each person so doing ten shillings Nor shall any person Licensed to sell Strong waters A. 54. p. 2. or any private House-keeper permit any person or persons to sit Drinking or Tipling Strong-waters Wine or Strong Beer in their Houses Private House-keeper not to permit any to ripple in their Houses And if any such Seller of Strong waters or private Housekeeper shall be legally convicted before any County Court any one Magistrate or Commissioners Court such persons shall for the first offence be fined twenty shillings First offence 〈◊〉 and if the party so convicted be not able to pay his fine he shall be set in the Stocks where he shall continue one whole hour and if any such Seller of Strong-waters shall be convicted as aforesaid of a second Offence of the same nature he shall forfeit his License Second offence 5 li. and shall also pay twenty shillings as a fine to the Country and if any private House-keeper shall be convicted as aforesaid of a second Offence against this Law he shall pay a sine of five pounds and for a third offence such person or persons being so convicted shall be bound to their good Behaviour in twenty pound Bond third offence good behaviour with two sufficient Sureties or be committed to Prison 8. And if any person offend in Drunkenness L. 1. p. 30. excessive or long Drinking the second time they shall pay double fines Drunk the second time double fine And if they fall into the same offence the third time they shall pay treble the fines and if the parties be not able to pay the fines then he that is found Drunk shall be punished by whipping third treble to the number of ten stripes and he that offends in excessive or long Drinking shall be put into the Stocks for three hours when the weather may not hazard his life or limbs fourth time imprisonment And if they offend the fourth time they shall be imprisoned until they put in two sufficient sureties for their good Behaviour 9. And it is further Ordered That if any person that keepeth or hereafter shall keep a common house of Entertainment Inkeepers convict of a third offence shall be lawfully convicted the third time for any offence against this Lawâ— he shall for the space of three years next ensueing the said conviction be disabled to keep any such house of Entertainment forfeit their License or sell Beer or the like unless the Court aforesaid shall see cause to continue him 10. It is further Ordered that every In-keeper or Victualler shall provide for the entertainment of Strangers Horses Provision for Horses viz. one or more Inclosures for Summer Hay and Provender for Winter with convenient Stable-room and Attendants under the penalty of two shillings six pence for every dayes default and double damage to the party thereby wronged except it be by inevitable accident 11. And it is further Ordered by the Authority aforesaid That no Taverner Vintners to pay 50. s. per Burt Seller of Wine by Retail Licensed as aforesaid shall take above nine
his other Fees 5. And it is Ordered That all Marshals and Constables within this Jurisdiction shall henceforth from time to time A. 53. p. 20 allow and pay unto the Marshal General three pence out of every fifteen pence they receive for serving Attachments also three pence out of every shilling due to them for Leavying of Fines and Executions Marshal General his Fees And it is further Ordered That the said Marshal General shall from time to time have and enjoy to his own use and benefit the Custome of two pence per quart upon all such as do or shall Retail strong waters and all such as shall sell under one Gallon at a time shall be accounted Retailers whether Licensed or not and the one half of the sine of five pounds of all such persons as shall upon his information or complaint be convicted to have sold strong waters without License as also the sole benefâ—t of the Impost of all strong waters brought into the Country which this Court doth allow as a meet Incouragement and Sallary for the service of the said Marshal General 6. Whereas the Marshals and their Deputies have often need of Assistants in the execution of their Office L. 1. p. 10. It is Ordered that they and every of them Marshal may â—eâ—â—â—â— is the Constable may have and shall have the same power to enjoyne and charge any person to aid them and assist them therein as every Constable hath and whosoever shall refuse or not yield Obedience thereto shall incur the like penalty that those do or should do that Refuse to aid the Constable in his Office 7. And upon cases of Fines and Assessments to be Leavied L. 1. p. 45. and upon Execution in civil Actions the Marshal or other Officer shall demand the same of the party at his house or place of usual abode Officer may break open doors oâ— chests and upon refusal or non-paiment he shall have power calling assistance if he see cause to break open the door of any House Chest or place where he shall have notice that any Goods liable to such Leavie or Execution shall be and if he be to take the person he may do the like if upon demand he shall refuse to render himself 8. Necessary charges to be leavied And what ever charges the Officer shall necessarily be put unto upon any such occasion he shall have power to leavie the same as he doth the Debt Fine or Execution and where the Officer shall leavie any such Goods upon Execution as cannot be conveyed to the place where the party dwells for whom such Execution shall be leavied without considerable charge he shall leavie the said charge also with the Execution The like Order shall be observed in leavying of fines Provided it shall not be lawful for such Officer to leavie any mans necessary Bedding Goods exempt from Execution Apparel Tools or Arms neither Implements of House hold which are for the necessary upholding of his life but in such cases he shall leavie his land or person according to Law and in no case shall the Officer be put to seek out any mans estate further then his place of abode but if the party will not discover his Goods or Lands the Officer may take his person 9. Officer doing wrong to make satisfaction And it is Ordered That if any Officer shall do injury to any by colour of his Office in these or any other cases he shall be liable upon complaint of the party wronged by Action or information to make full restitution 1647. Masters Servants Labourers Servants not to give or truck IT is Ordered by this Court and the Authority thereof That no servant either Man or Maid shall either give sell or truck any Commodity whatsoever without License from their Masters during the time of their service under pain of fine or corporal punishment at the discretion of the Court as the offence shall deserve 2. Work the whole day And that all Workmen shall work the whole day allowing convenient time for food and rest 3. It is also Ordered That when any Servants shall run from their Masters Servants run away to be pursued or any other Inhabitants shall privily go away with suspition of evil intentions it shall be lawful for the next Magistrate or the Constable and two of the chief Inhabitants where no Magistrate is to press Men and Boats or Pinnaces at the publick charge to pursue such persons by Sea and Land and bring them back by force of Arms. 4. It is also Ordered by the Authority aforesaid That the Freemen of every Town may from time to time as occasion shall require Wages to be sâ—â— b◠〈…〉 in Towns agree amongst themselves about the prizes and rates of all workmens labour and servants wages And every person inhabiting in any Town whether Workmen Labourer or Servant shall be bound to the same Rates which the said Freemen or the greater part shall binde themselves unto and whosoever shall exceed those Rates so agreed shall be punished by the discretion of the Court of that Shire according to the quality and measure of the offence And if any Town shall have any cause of complaint against the Freemen of any other Town for allowing greater Rates or wages then themselves the County Court of that Shire shall from time to time set order therein 5. And for servants and workmens wages It is Ordered That they may be paid in Corn to be valued by two indifferent Freemen chosen Wages to be paid in Corn the one by the Master the other by the Servant or Workman who also are to have respect to the value of the work or service and if they cannot agree to be valued then a third man shall be chosen by the next Magistrate or if no Magistrate be in the Town then by the next Constable unless the parties agree the price themselves Provided if any Servant or Workmen agree for any particular payment then to be paid in specie or consideration for default therein And for all other payments in Corn if the parties cannot agree they shall choose two indifferent men and if they cannot agree then a third as before Servants flying cruelty 〈◊〉 Mast may be harborâ—â— 6. It is Ordered and by this Court Declared That if any Servant shall flee from the Tyrany and Cruelty of his or her Master to the House of any Freeman of the same Town they shall be there protected and sustained till due order be taken for their Relief Provided due notice thereof be speedily given to their Master from whom they fled and to the next Magistrate or Constable where the party so fled is Harboured Servants not put off with put â—â—â—wance of 2 Mag. 7. Also that no Servant shall be put off for above a year to any other neither in the life time of their Master nor after their death by their Executors or
preparation thereunto the person or persons which directly or indirectly conveyed such Instruments Tools or other things whereby such Prisoner shall or might work his or her escape from Prison such person shall be liable to the same corporal punishment which the Prisoner was liable unto and also incurre such further penalty by Fine Imprisonment or Corporal punishment as the County Court Court of Assistants or General Court shall appoint So that where the Prisoners are not actually escaped in such cases any Court to moderate as they shall see meet And if the escape of any Prisoner appear to be through the fault or neglect of the Jaylor he shall then be liable to such penalties as the Prisoner was according as the Court which hath cognizance thereof shall determine 1669. IN Answer to some Questions propounded by the Keeper of the Prison for his direction in the execution of his Office Directions to Prison keepers This Court do Declare That it is the duty of all Prison-keepers from time to time to present a true List of all the Prisoners to such Courts of Judicature as are properly to take cognizance of their crimes and not to discharge any their custody but by the Authority of the Law Warranting the same and that the Court or other Authority taking cognizance thereof shall determine the Costs to be allowed the Keeper for maintenance of the Prisoner as also by whom he shall be satisfied and that where any are committed in any civil cause the Plaintiffe at whose suit he is imprisoned shall secure the Keeper all his necessary expenses during his Imprisonment both for Food and Physick and other necessaries for his livelihood And in case of his neglect so to do the party imprisoned taking his Oath before any Magistrate that he is not worth five pounds the Keeper shall not stand further charged with him but may dismiss such Prisoner his custody Any former Law Usage or Custome to the contrary notwithstanding And it is Declared by this Court That the ordinary allowance to be made for the Food of any Prisoner shall be two shillings sixpence the Week 1663. Protestations contra Remonstrance Liberty to enter a dissent in cases in Court IT is Ordered and by this Court Declared That it is and shall be in the liberty of any Member or Members of any Court Council or civil Assembly in cases of making or executing any Order that properly concerneth Religion or any cause Capital or Wars or Subscriptions to any publick Article or Remonstrance in case they cannot in Judgement and Conscience consent to that way the major vote or suffrage goes to make their Contra Remonstrance or Protestation in Speech or Writing and upon their Request to have their dissent Recorded in the Rolls of that Court so it be done Christianly and Respectively for the manner and the dissent only be Entred without the Reasons thereof for avoiding tediousness 1641. Punishment Torture None punished twice for due offence IT is Ordered and by this Court Declared That no man shall be twice Sentenced by Civil Justice for one and the same Crime Offence or Trespass And for Bodily Punishments L. 1 p. 50. We allow amongst us none that are Inhumane Barbarous or Cruel And no Man shall be beaten with above forty stripes for one Fact at one time nor shall any Man be punished with Whipping Not above 40 l stripes except he have not otherwise to answer the Law unless his Crime be very shameful and his course of life vicious and profligate And no man shall be forced by Torture to confess any Crime against himself or any other unless it be in some Capital case No torture before coâ—â—â—â—tion where he is first fully convicted by clear and sufficient evidence to be guilty after which if the case be of that nature that it is very apparent there be other Conspirators or Confederates with him then he may be Tortured yet not with such Tortures as are Barbarous and Inhumane Records Recorders Clerks VVHereas Records of the Evidence whereupon the Verdict and Judgement in cases doth pass being duely entred and kept would be of good use both for â—residents and to such as shall have just cause to have their cases Reviewed It is therefore Ordered by this Court and the Authority thereof A 52. p. 13. That every Judgement given in any Court or by one Magistrate L. P. 15. or by Commissioners shall be Recorded in a Book and all the Evidences which are to be given in in Writing in fair and large Papers shall be kept and the party for whom such evidence is brought shall pay to the Recorder or Clerk of the Court for filing and safe keeping the same two pence for each evidence Evidence to be given in writing and the sore man of every Jury shall faithfully deliver up all such Testimonies or other Writings committed to them To be kepton â—ile unto the Recorder or Clerk of the Court when they give in their Verdict in every case And the Fees of the Recorder or Clerk of every County Court shall be as followeth A. 57. p. 21. for Transcribing a Copy of any evidence for every page consisting of twenty eight or thirty lines eight words in a line twelve pence and proportionable to eight pence a page for what it doth exceed Recorders Fees For entry of a Mortgage or Sale of Houses or Lands verbatim not exceeding a page as aforesaid twelve pence and proportionable to eight pence a page for what it doth exceed And for Attesting the Record on the Original Deed six pence and in like manner for Wills and Inventories with six pence a piece for filling up the Original and safe keeping thereof And for entring an Order for the determining of an Estate of such as dyed Intestate or other wherein the Court is to give their approbation or determination twelve pence And for Entry of the Examination and Proceedings of this Court in any Criminal Cases or Presentment with the Judgement of the Court therein two shillings and six pence And for Entry of a Recognizance twelve pence to be paid or secured in Court by the Delinquent party And for Entring a Judgement acknowledge twelve pence And for Entry of an Action one shilling six pence L. 2. p. 7. and a judgement thereupon six pence and for making an Execution two shillings Births Deaths Marriages 2. It is Ordered That the Clerk of the Writts in the several Towns shall Record all Births and Deaths of persons in their Towns and for every Birth and Death they so Record they shall be allowed three pence and they shall yearly deliver in to the Recorder of the Court of the Jurisdiction where they live a true Transcript thereof together with so many pence as there are Births or Deaths to be Recorded Parents Masters c. to certifie the Clerk And all Parents Masters of Servants Executors or Administrators respectively shall
Usage or Custome to the contrary notwiâ—â—standing unless the Court that granted the Judgement shall see cause to give further time and respit of Execution in any particular case Swearing and Cursing IT is Ordered by this Court and Authority thereof That if any person within this Jurisdiction Swearing 10. s. shall Swear rashly or vainly by the Holy Name of God or other Oath he shall forfeit to the Common Treasury for every such offence ten shillings Swearing 10 s. and it shall be in the power of any Magistrate by warrant to the Constable to call such person before him and upon sufficient proof to sentence such offender and to give Order to leavie the fine and if such person be not able or shall refuse to pay the said fine or sit in stocks he shall be committed to the Stocks there to continue not exceeding three hours nor less then one hour 2. And if any person shall swear more Oaths then one at a time L. 2. p. 14. before he remove out of the Room or Company where he so Swears more Oaths then one 20 s. he shall then pay twenty shillings The like penalty shall be inflicted for Prophane and Wicked Cursing of any Person or Creature and for the multiplying the same as is appointed for prophane Swearing and in case any person so offending by multiplying Oaths or Cursing shall not pay his or their fines forthwith like penalty for Cursing they shall be whipt or committed to Prison till they shall pay the same at the discretion of the Court or Magistrate that shall have cognizance thereof SWINE Select-men to make Orders to prevent harms by Swine IT is Ordered by this Court and the Authority thereof That every Town-ship within this Jurisdiction or the Select-men thereof are impowred and hereby required from time to time to make Orders for preventing all harms by Swine in Corn Meadows Pastures and Gardens as also all danger to Children or elder persons in any respects by Swine and to impose penalties according to their best discretion and to appoint one of their Inhabitants by Warrant under the hands of the Select-men or the Constable where no Select-men are to leavie such fines and penalties A. 1658. and if any person chosen to see the Execution of this Order shall neglect or refuse the same he shall forfeit five pounds the one half to the Town the other half to the party that accepts the place and performs his duty therein 2. And where Towns Border each upon other whose Orders it may be are various Damage to be paid according to the Town Ordere where it is done Satisfaction shall be made for harms done by Swine according to the Orders of the Town where the damage is done But if the Swine be Ringed and Yoaked or otherwise as the Orders of the Town to which they belong doth require then where no Fence is or that it be insufficient through which the Swine come to Trespass the Owner of the Land or Fence shall bear all damages No Fence no damage And it is hereby Declared That all Fences made of Stone Pales Rails Rivers Creeks or any other Fences which are allowed by such men as are appointed in the several Towns to view Fences to be sufficient against great Cattle A. 51. p. 4. shall be held and accounted sufficient against Swine Fences sufficient and all Swine breaking through such Fences shall be liable to make satisfaction for all Damages done 3. And if any Swine be Impounded for Damage done and there be kept three dayes No owners appearing Swine to be prized and that no person will own them then the party Damnified shall give notice to the two next Towns where any are within five miles Compass that such Swine are to be fold by an Out-cry within three dayes after such notice by the party Damnified and in case none will buy he shall cause them to be Apprized by two indifferent men one whereof shall be the Constable or one chosen by him signified under their hands in Writing and may keep them for his own use And in both cases if the Owner shall after appear the overplus according to the said valuation all Damages and Charges being paid shall forthwith be rendred to him And if any Town or Select-men shall neglect to take Order for preventing harms by Swine according to this Law more then one Moneth after publication hereof such Town or Select-men shall forfeit to the Treasury forty shillings for every Moneth so neglecting 1647 51 58. TILE-EARTH IT is Ordered by this Court That all Tile-Earth to make Sale Ware shall be Digged before the first of the ninth Moneth and turned over in the last and first Moneth ensueing a Moneth before it be Wrought upon pain of forfeiting one half part of all such Tiles as shall be otherwise made to the use of the Common Treasury 1647. TOBACCO IT is Ordered by this Court That no man shall take any Tobacco within twenty Poles of any House or so near as may indanger the same or near any Barn Corn or Hay-cock as may occasion the firing thereof upon pain of ten shillings for every such offence besides full Recompence of all Damages done by means thereof Nor shall any take Tobacco in any Inne or common Victual House except in a private Room there so as neither the Master of the said House nor any other Guest there shall take offence thereat which if any do then such person shall forthwith forbear upon pain of two shillings six pence for every such offence And all fines incurred by this Law the one half part shall be to the Informer the other to the Poor of the Town where the offence is done 1638 47. Tolling of Cattle FOr the prevention of Fellonious practises growing upon us by Stealing of Horse-kinde and other Neat Cattle and selling them as their own It is Ordered by this Court and the Authority thereof That there shall be a Toll-Book kept in every Town by the Clerk of the Writts wherein all Horse-kinde and other Cattle as aforesaid bought of any person shall be Entred with their Age Colour and Marks at the peril of the Buyer with the Name of the Seller and such Seller shall have two vouchers to Testifie the said Seller to be the proper Owner of such Horse-kinde or other Cattle so sold or in case of Horse-kinde or Cattle so sold shall be challenged by any other person the Vouchers in case of the escape of the Seller shall be liable to all damages that shall arise thereupon And the Clerk of the Writts shall have three pence of the Buyer for entring every such Horse-kinde or Neat Cattle And if any Horse-kinde or other Cattle as asforesaid so bought by any person be not Toll'd nor Sellers nor Vouchers found upon challenge of any such Cattle the said Buyer shall be liable to all Damages as the Felon himself should be were he present And
Folio P 41 S 5 To receive fees for entry of Petitions See Petitions Folio P 121 To give accompt of Petitions entred to the Deputies which shall be allowed as part of his Sallary ibid Of Courts To return Reasons of Appeal to the Court of Assistants See Appeal Folio p 4 s 2 To sign Warrant for Executions in cases civil or criminal see condemned Folio p 30 s 2 To enter all Graunts Sales c. see Conveyances Folio p 33 s 5 To signifie to Country or County Treasurer within 14 dayes what fines are imposed on any See Courts Folio p 51 To send Warrants to Towns to chuse Jurors see Iurors Folio p 80 s 1 To grant Execution for what is unpaid on a former Execution see Marshall Folio S 2 To certifie County Court the neglect of Clerk of Writts see Records Folio p 130 s 2 To Record Straies lost goods and return to the Country Treasurer see straies Folio p 142 s 2 To send the Order about Children to Constables see Townships Folio p 149 s 7 To keep a Book of Accompt of Entry of Actions on penalty see Treasurers Folio p 151 s 4 To enform Coun. Co. of any renouncing Excecutorship c on penalty see Wills Folio p 158 s 1 To enform County Courts of any Will proved or Administration granted Folio S 2 Of Trained Bands May take Fines by Distress by order of the Major chief Officers see Military Folio p 107 s 2 To provide Arms Folio P 109 s 8 To take the Oath belonging to his Office to pay a penalty on refusal Folio s 10 His duty see Military Folio P 109 110 s 10 Of Troops To take the Oath belonging to his Office Folio P 113 s 16 To Leavy fines his fees ibid When to make Distress ibid To Leavy fines for not Watching Folio p 114 s 18 Of Markets To take the Oath of his Office Folio p 8 s 1 His Duty ibid Colledge To be managed by Feoffees Folio P 29 s 1 The major part of Feoffes may make Orders ibid Dispose of Gifts and Revenues ibid The whole number may Repeal and Alter Orders ibid May distribute the Countries allowance to President and Fellows ibid Commissioners Of Vnited Colonies Their Power see Presidents Folio P 163 Of Shires their duty By whom appointed see Elections Folio P 47 s 3 To carry the Votes for Nomination of Magistrates to be opened at Boston ibid. The time when and before whom to be opened ibid To make return to the several Constables under their hands of the persons to be nominated for Magistrates ibid Commissioner for Suffolk to appoint the place for opening the votes ibid Commissioners of Towns In every Town to receive carry the votes for Nomination of Magistrates and County Treasurers to the Shire meeting when and how to proceed see Elections Folio P 47 s 3 To chuse one out of themselves to carry the Votes of the Shire to Boston ibid For making Rates To joyn with the Select men in making Rates and by whom to be chosen Folio p 23 s 3 To meet at the shire Town the first fourth day in September with their Assessments to be examined and corrected Folio p 24 ibid To return to the Treasurer under their hands what is to be leavied on every Town on penalty ibid p 24 To prize Corn for Rates The Commissioners of Essex Suffolk and Middlesex where the General Court doth not to Prize Corn ibid Commissioners of Boston To be annually chosen see causes Folio p 21 s 3 The number to be chosen ibid To be approved by the Court of Assistants and sworn by them or Governour or Deputy Governour ibid To try Causes to ten pounds the extent of their power their Court stated to publish their Court dayes ibid To impose fines to 40. s. Folio p 22 s 3 May by Warrant summon any offenders to appear and may punish as one Magist ibid To have a Commission under the Secretaries hand ibid To fine persons for galloping in the Town See Galloping Folio p 57 May fine any not brewing Beer according to Law See Inkeepers Folio p 80 s 2 to have Magistratical power se Presid Folio p 166 Commiss to try small Causes in Towns To be chosen by Court of Assistants or County Court see Causes Folio p 20. s. 1. their power ibid to take an Oath see Presidents Folio p 166 May punish breach of the Peace see breach of the peace Folio p 11 s 1 May punish unruly Children see Childr Folio 27.2 May punish any entertaining such Childr Folio s 3 Every Commissioner on Oath May dispose of Cards and Dice brought in involuntarily see Gaming Folio p 58 s 4 May punish Gamesters by fine or corporal punishment ibid May punish or fine a drunken Indian see Indians Folio s 11 May punish any that are drunk see Inkeepers Folio p 81 s 5 May punish wanton rude singing in publick houses Folio s 17 May punish any found in publick houses after prohibition of Select men Folio s 19 To keep Records of Judgements given against any person see Records Folio p 129 s 1 May punish prophaners of the Sabbath see Sabbath Folio p 132 s 1 May punish any drinking in Ordinaries after Sun set Folio s 2 May punish any neglecting to watch see Watches Folio p 154 s 1 May take the testimony of any of 14 years of age see Witnesses Folio p 158 s 2 A Commissioners Court May punish any Retailer of strong-waters or private house-keeper for permitting any to tipple See Inkeepers Folio p 81. s 7. p 82 s 8 No Commissioner may give counsel in case See Counsel Folio p 34 None to be allowed Commissioner in any Town but such as are approved see Causes Folio p 22 s 4 Commissioners of Indians Authorized may issue Cases among themâ—â—â—â—â—â—â—â—e Magistrate and to have Officers to execute Commands and Warrants See Indians Folio p 77 s 9 With one Magistrate have the power of a Country Court ibid Condemned No person to suffer within 6 dayes after judgement but in special cases Folio p 30 s 1 Not to be unburied 12 hours except for Anatomy ibid Constable his Office Duty By Warrant to impress Workmen See Bridges Folio p 12 s 1 To leavy fines granted by a Magistrate to 40 s See Burglary Folio p 13 s 2 To return to County Courts what fines received ibid By warrant to search for stollen goods and apprehend any suspitious person Folio s 3 To present the Gager to take Oath within a moneth on penalty See Caâ—k Folio p 16 s 1 To leavy fines by warrant from Select-men See Cattle Folio p 19 s 6 To serve Warrants or Attachments tryable before a Magistrate See Causes Folio p 20 s 1 To obey the Warrants of three Commissioners in Towns ibid To obey and assist the Commissioners of Boston Folio s 3 To warn Freemen to chuse a Commissioner in making Rates see Charges Publick Folio p 23 s 3 To collect Country Rates and pay
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
Impresses Folio P 73 S 2 To appoint persons to publish the Laws to Indians see Indians Folio P 77 S 8 To appoint persons to inspect the Indians at Natick c. as to their manners Folio S 9 To give Commissions to chief Military Officers see Military Folio P 108 s 4 To appoint Searchers for Powder see Powder Folio P 126 s 2 To punish any helping to break Prison see Prison Folio P 128 s 4 In defect of a Law in Capital cases c. to judge see priviledges Folio p 1 To dispose of any Whale cast up see wrecks at sea Folio P 161 Court of Assistants May appoint 3 Free men in Towns to issue Causes to 40. s. see Causes Folio P 20 S 1 To approve the Commissioners of Boston and give them an Oath Folio P 21 S 3 To be kept at Boston by the Governour or Deputy Governour and Magistrates See Courts Folio P 36 S 7 Their Power ibid Two Courts to be kept yearly the time when ib May be call'd out of course by Governour or Deputy Governour for tryal of a Malefactor in Capital Cases ibid To try Capital Cases ibid May discharge from Prison Persons unable to pay fines see fines Folio p 51 To try Quakers see Heresie Folio P 61 S 9 to try any suspected for Jesuites se Jesuites Folio p 67 May order satisfaction for damage done to Cattle by Indians see Indians Folio P 76 S 7 To issue all matters beyond the cognizance of Indian Commis Court see Indians Folio P 77 S 9 May approve of any married Person residing here from their Relation see Marriage Folio P 102 S 4. May appoint Searchers for Powder see Powder Folio P â—26 S 2 May order and improve the Houses of Correction see Prison Folio P 127 S 2 May Punish any for helping to break Prison Folio S 4 To keep a Record of all Iudgements given see Records Folio P 129 S 1 To adjudge Persons trading on the Coast in case see Ships Folio P 141 S 6 County Courts To manage Benevolence See Benevolence Folio p. 9. s. 2 May punish breach of the peace see breach of peace Folio p. 11. s. 1 2 To regulate defective Bridges see Bridges Folio p. 12. s. 1 May punish any for using other mens Cattle without leave when and how see Cattle Folio p. 19. s. 5 Not to receive any Action proper to one Magistrate except in defamation battery see Causes Folio p. 20. s. 1. May with the Select men place out unruly children see children Folio p. 26. s. 1. May dispose of Orphans to service Folio p. 28. s. 6 To approve Clerks of writts see Clerks Folio p 29 s 1 To be kept by Magistrates in the County or other Magistrates or such as the General Court shall appoint see Courts Folio p 36 s 7 Their power ibid May constitute Clerks and other Officers ib. To keep set times ibid May set out Widows thirds in Lands c. see Dowries Folio p 42 s 1 To provide for Ministers maintenance see Ecclesiastical Folio p 45 s 1â— to give Grand jurors charge of enquiry of Towns neglect of providing an able Ministry Folio p 46 s 19 May discharge from Imprisonment such as are unable to pay fines see fines Folio p 51 to appoint cullers of fish upon Oath see fish Folio p 52 s 2 to punish such as kil Mackrel before July Folio s 5 to punish Fornication see Fornication Folio p 54 s 1 2 to order maintenance of a Bastard Folio p 55 s 3 to give the Oath of Freedome to persons allowed by General Court see Freemen Folio p 56 s 5 May punish Gamesters by fine or corporal punishment see Gaming Folio p 58 s 4 to punish deniers of the Scriptures see Heresie Folio p 59 s 2 to Punish maintainers of Erronius Doctrine Folio p 61 s 8 to appoint men in Towns to lay out Country High-wayes see High-wayes Folio p 64 s 1 to order the removal of incumbrances in High-wayes see High-wayes Folio p 65 s 3 to Punish idle Persons Folio p 66 s 2 to grant Licenses to Ordinaries c. See Inkeepers Folio p 79 s 1 May punish Inkeepers not giving accompt of draught of Beer see Imposts Folio p 69 s 4 to order satisfaction for damage to Cattle by Indians see Indians Folio p 76 s 7 to Punish Indian traders allowed and not giving accompt and making Payment to the Treasurer Folio p 78 s 12 Executions not to be granted till twelve hours after Judgement but by special order see Appeal Folio p 3 s 1 to Punish such as Brew not Beer according to Law Folio P 80 S 2 May Punish Retailers of strong waters and private House-keepers for permitting tipling in their Houses Folio P 81 S 7 P 82 S 8 to give Oath to Searchers and Sealers of Leather see Leather Folio P 89 S 4 May approve of any married Person residing here from their Relation see Marriage Folio P 101 S 4 May Punish Work-men taking wages above what is set in Towns by Freemen see Masters Folio P 105 S 4 May give the Oath of Fidelity to Inhabitants and Strangers see Oaths Folio P 120 S 2 to dispose and settle Poor Persons see Poor Folio P 123 S 2 May appoint Searchers for Powder see powder Folio P 126 S 2 May order and improve the House of Correction see Prison Folio P 127 S 2 to appoint a Keeper to such House Folio s 3 May punish any helping to break Prison s 4 to keep a Record of all Judgements given see Records Folio P 129 s 1 May punish Clerks of Writts not making a return of Births c. Folio P 130. s 2 May determine punishment for defacers of Records see Records Folio P 131 s 3 May punish Prophaners of the Sabbath see Sabbath Folio P 132 s 1 May punish servile working on the Lords day Folio P 134 s 4 May punish Select-men neglecting Orders for Salt-Peeter see salt Peeter Folio P. 135 May take Order about Strangers see strangers Folio P. 143 May dispose of single Persons where Select-men neglect see Townships Folio P 149. s 7 May leavy upon the County by Warrant to satisfie Arreares see Treasurers Folio 151. 4. May punish Constables neglecting to gather County Rates Folio s. 5 To give Oath to Sealers of Weights and Measures see Weights Folio 155. 1 May Punish Executors in case see Wills Folio 157. 1 May order Estate where no Executor or Administrator Folio 158. 2. May settle the Estate of Persons dying intestate Folio s 3 Judges related to Parties may not sit as judges in their case in any Court see Courts Folio 38. 9. In difficult cases they may consult the General Court Folio s. 11. The time and place for County Courts 37. 7 to Punish reproachers of Courts and Magistrates Folio 36. 6. And the offences of any Members thereof ib Counties defective Bridges see Bridges Folio 12. 1. Penalty if any loose life c. by defective Bridges Folio s 2 Penalty
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
persons and Inmates Folio s. 3 May impose fines on any resusing to serve as Constables ibid. s. 5 Who in them may have priviledge of Commonage for Wood Folio 149. 6 To pay 10. s. for every Wolf kill'd by English see Wolves Folio 160. 3. Select mens Duty and Power To Assess persons for their Garb see Apparel Folio 5. 1. To appoint persons to view Town bounds see Bounds Folio p. 10 To order Fences in Common fields in case see Corn-fields Folio 17. 2. To make Orders to repair Fences general and particular under 100 Acres Folio 19. 6. And to impose fines ibid Not to neglect making such Orders on penalty to the Town ibid To order repairs of Fences on the Owners neglect ibid To give Warrant to the Constable to levy double damages in case ibid. To try Causes and grant Executions in case see Causes Folio 21. 2. To make Country Rates see Charges Publ. Folio 23. 3. To Assess Strangers any Moneth Folio 25. 3. To see to the Education of Youth on penalty see Children Folio 26. 1 To place out unruly Children ibid The major part may approve the marriage of Orphans Folio 28. 6. To Assess for Ministers maintenance see Ecclesiastical Folio 48. 5. To receive of the County Treasurer fines imposed on Quakers c. and to improve them see Elections Folio 48. 5 To lay out private High-wayes see High-wayes Folio 64. 2 To give recompence to any damaged by such Wayes laid out ibid. p. 65 To approve such Stone horses as go on Commons see Horses Folio 65. 2. To levy the penalty by Warrant for the Towns use ib. p. 66 The penalty of Select-mens neglect ibid With the Collector of Customes to rate persons in case see Imposts Folio 71. 7 Where no Magistrate or Commissioners are may punish Indians for Drunkeness see Indians Folio 77. 11 To approve of persons to keep Ordinaries c. see Inkeepers Folio 79. 1. Where no Magistrate or Commissioners are may commit a drunken person to Prison or punish according to Law see Inkeepers Folio 81. 5. To prohibit persons from publick houses c in case Folio 85. 19. To receive a third part of all Leather and Shoos seized see Leather Folio 90. 5. To Assess the Town for mounting Artillery c. see Military Folio 110. 11. To Assess for Towns stock of Powder c. Folio 112. 15 To crayē the help of County Courts against persons obtrudeing the Town see Poor Folio p. 123. To provide for Poor settled by County Court ibid To allow Porters and set their Wages see Porters Folio p. 124. To provide materials for work in the House of Correction see Prison Folio 127. 3. May punish Prophaners of the Sabbath Folio 132. 1. To make Orders to produce Salt-peeter see Salt-peeter Folio p. 135. To impose fines on any neglecting their Orders ibid. To chuse and allow an Officer an annual stipend to execute their Orders ibid To provide for School-masters maintenance see Schools Folio 136. 1 Not to admit or suffer a Hetrodox or Scandalous Schoolmaster ibid. s. 3. To appoint the place where self-murderers shall be buried see Self-murder Folio p. 137. To make Orders for clearing Commons for Sheep see Sheep Folio 137. 1. May impose fines for putting Rams to flocks ibid. To order spinning in their Towns see Spinning Folio p. 141 To make Orders about Swine see Swine Folio p. 145 to manage the Prudential affairs of the Town according to instructions in writing see Townships Folio 148. 2. To require Constables to levy fines on such as refuse to serve as Constables ibid. s. 5. With two Magistrates may put Children forth to service Folio 149. 8. May order and dispose Constables Watches see Watches Folio p. 154 With the Constable to chuse a Sealer of Weights and Measures see Weights Folio 155. 1. To appoint Measurers of Corn Wood or Board Folio 156. 2. To cut off the Ears of Wolves they pay for to Indians for the Country see Wolves Folio p. 160. Treasurers To issue forth Warrants for Assessment yearly see Charges Publick Folio 23. 3 For levying the same ibid To pay to the Constable Charges of bringing Rates ibid May distrein the goods of Constable or any other person in case Folio 25. 4. To pay 100. l. per Annum to the Colledge see Colledge Folio 30. 2. To pay charge of Hue and Cry in case see Constable Folio 32. 7. To pay for Victuals and Vessells Impressed see Council Folio p. 34. To pay charge of Elders meetings when imployed by the Courts Order see Ecclesiasticall Folio p. 44. 13. To pay the Secretary for writtings see Seal-Publick Folio p. 136 To keep Accounts of all transactions belonging to his Office as Debts Dues c. see Treasurers Folio 150. 1. To make no payments but by some Law or Order ibid. His allowance Folio 151. 4. To give Account once a year to the General Court ibid. To provide Weights measures as Standards see Weights Folio 155. 1. To Seal Town Standards ibid. To pay the charge of Witnesses in Criminals see Witnesses Folio 159.3 To pay for every Wolfe killed 10 s. see Wolves Folio p. 159. County Treasurer To pay for Hue and Cry in case see Constable Folio 32. 7. To pay to Select men in Towns all Fines of Delinquent Quakers see Elect. Folio 48. 5. To give Warrant to the Marshal to Levy Fines Folio p. 51. To receive Fines for Select mens neglect of the Law title Horses Folio 67. 2 To pay for Poor in case see Poor Folio p. 123. To be chosen Annually time when manner how see Treasurers Folio 150. 2. No Clerk of Court to be Treasurer ibid. May give Warrant to Marshalls or Constables to Levy Fines Folio 151. 4 His Allowance ibid To have the same Power in his place as the Country Treasurer Folio 151. 5 To return to County Courts the names of Constables not clearing their Accompts ibid To pay twenty shillings so every Wolf kil'd by English see Wolves ibid. s. 3. Tryalls Any Person against whom Judgment hath past in Civil Actions may have a new tryal on Review in case Folio 152. 1. Plantiffe Defendant agreeing may have their Case tryed by Bench or Bench and Jury except ibid. s. 2. Every Delinquent hath liberty of a Jury ibid. s. 3. Challenge may be made against Jurors by Plaintiff or Defendant if found just others to be impanelled ibid. What persons may have allowance in any case ibid. s. 4. V Vagabonds BEing Apprehended how to be proceeded with Folio p. 152. Vexatious suits How punished see Actions Folio 8. 3. Votes When persons are capable of Voting see Ability Folio 1. 1. None to Vote in Elections but Freemen on penalty see Elections Folio 47. 1. Every person called to Vote in any Court c. may act according to his own Judgement see Votes Folio p. 153 Neuters to be taken in the Negative ib. Who may put matters to Vote the President refusing ibid The Governour to have a casting Vote
Sect. 11. the three chief Military Officers in each Town except Boston together with the Magistrates or Deputies thereof are appointed a Committy of Militia for such Towns without mentioning the Officers of the Horse to be of that Committy This Court doth Declare That the Commission Officers of the Horse in the Town where they dwell shall be added thereto Committy of Militia and hereby are appointed and impowered to be of the Committy of Militia for such Towns where they dwell Any Law or Custome to the contrary notwithstanding 1664. Military Watches how set 12. It is Ordered That the Military Watches shall be set by beat of Drum half an hour after Sun set by the Military Officers in such places as they shall judge most convenient and shall be Ordered and Disposed by their command and direction And if any man shall shoot off a Gun after the Watch is set except in case of Alarm he shall forfeit fortyÌ„ shillings The said Watch or Sentinels being set shall examine all persons that shall come within their Watch or Round Instruction and duty of Sentinels and all they suspect they shall carry to their Guard there to be kept till morning and before they be dismissed they shall carry them to their chief Officer to be examined and proceeded with according to law And if the Sentinel or Watch shall meet with such persons as shall be too strong for them or by their carriage shall give just cause of suspition or will not submit to their command or if they shall either draw upon them or offer any such affront in Words or Actions as shall put them in fear or hazzard of their lives they shall discharge upon them and retire with speed to the Guard and raise an Alarm Provided alwayes that in time of peace when the Council of War or the chief Officers of the Company shall not apprehend present danger by the nearness of an Enemy it shall not be in the liberty of any Sentinel to hazzard the killing of any person except in his own necessary defence but if the cause require it he shall retire to the Guard and raise an Alarm by discharging his Musquet and crying Arm Arm which shall be taken for an Alarm by the Souldiers of that Town What shall be taken for an Alarm and if there appear danger to the chief Officer he shall either strengthen his Guard or give a general Alarm which shall be either the distinct discharge of three Musquets or the continued beat of the Drum or firing a Beacon or the discharge of a piece of Ordnance and two Musquets after it Not answering the Alarm penalty 5 li. any of which in the night shall be accounted a general Alarm which every Souldier is immediately to answer by repairing Armed to his Colours or Court of Guard upon the penalty of five pounds Smiths to repair Arms 13. And upon any expedition upon occasion of any Enemy or any present Military Service to be done all Smiths and other needful workmen shall immediately repair such Arms and other Necessaries as shall be brought unto them for that end for which they shall not refuse such pay as the Country affords Penalty upon the penalty of five pounds for every such default and for such neglect at any other time more then ten dayes shall forfeit for every such offence ten shillings 14. The Surveyor General shall yearly give an account of the common stock of Powder and Amunition to the Council A. 56. p. 12. that the General Court being by them informed may out of the publick Treasury make a constant supply according to the need of the Country 15. Every Town shall be provided of a sufficient Watch house under the penalty of five pounds L. 2. p. 1. and shall also provide at their own charges a safe and convenient place to keep all such Powder and Amunition in as the chief Military Officer by Order of the General Court shall appoint under the penalty of ten pounds Towns to provide watch â—ous â—nd stock of Powder amunition And the Select men of every Town shall provide for every fifty Souldiers one Barrel of good Powder containing near one hundred pounds one hundred and fifty pounds of Musquet Bullets and eight and twenty pounds of good Match and after that proportion for every Company of Souldiers in number more or less which they shall carefully reniew from time to time as shall be needful under the penalty of fire pounds for the want of every Barrel of Powder one hundred and fifty pounds of Bullets and eight and twenty pounds of Match as before mentioned and the Select men of every Town as aforesaid are hereby Authorized to assess their Inhabitants for making the provisions aforesaid which shall remain as a Town-stook besides all other Provisions of that kinde 1649. 16. It is Ordered by this Court and the Authority thereof That no Troop of Horse within this Jurisdiction A. 56. p. 12. shall exceed the number of seaventy Listed Souldiers besides Officers Troop not exceed 70 to be under Majors command and that the Troops raised in the several Counties be under the Command of the Majors of the Regiment in the respective Counties and all priviledges formerly granted to incourage Troopers shall be continued except free Ferrage and free Commonage in divided and appropriate Commons A. 54 p. 1. A. 56. p. 12. And every Troop consisting of forty shall have liberty of Nomination of all Officers to be allowed and confirmed by the County Courts as the Foot Officers and the three chief Officers to have Commissions Troopers how to befurnished And every Trooper shall keep alwayes a good Horse and be well fitted with Saddle Bridle Holsters Pistols or Carbines and Swords under the penalty of ten shillings for every defect and having Listed his Horse shall not change or put him off without License from his Captain or chief Officer under the like penalty To exercise six dayes yearly And every Trooper shall attend six dayes exercise yearly at such time and place as shall be appointed by the chief Officer under the penalty of five shillings for every default to be leavied and distreined by the Clerk of the Troop who is hereby required to execute the place as the Clerks of the Foot Companies mutatis mutandis And because the Troopers living remote do often avoid their penalties or occasion much travail and charge to the Clerk to collect the same Clerk his fetâ— It is Ordered that the Clerks of the Troops for their charge and travail in leavying all fines shall be allowed the Fees of the Marshal to be by him leavied and distreined together with the fines Provided no such distress be made within one Month after the default that the parties may have liberty to present their excuses to the Officers who have power upon just cause to abate or remit the fines as the Officers of the
Foot have in like cases And in case of Alarm every Troop shall fit himself in all respects for service and shall speedily repair to the Guard in the Town where he dwells A. 53. under the penalty of five pounds How Troops are disposed in case of Alarm and shall duely attend such service as the Committee of Militia of that Town shall require until he shall otherwise be commanded by Order from his Captain or other Superiour Officer And no Officer of any Foot Company shall be a listed Trooper No Troop to be drawn out of the County And no Troop shall be drawn out of the County upon any pretence by the Captain and Officers thereof except in pursuit of an Enemy upon a Rout but by Order of the Major General And the Captains of Horse and of Foot respectively the Majors of the Regiments and the Major General are required in their respective charges to take care the Military Orders respecting Foot and Horses be duely executed and observed 1645 47 48 52 53 54 55 56. Troopers peâ—â—lty Also it is Ordered That no Trooper put off or change his Horse without leave from his Commander under the penalty of five pounds and that for non-appearance on dayes of exercise the fine shall be ten shillings and that no Trooper being Listed may at his pleasure disband himself without leave orderly obtained from his Commander and returned by certificate to the Commander of the Foot in the Town to which they belong under the penalty of such a fine as his chief Officer shall impose not exceeding fifty shillings FOr a were full and clear understanding of the intent of this Court in reference to Commissions greated to Muttary Officers It is Ordered and hereby Declated That all Commissions of inferiour Officers be and do stand good and in force Officers Commissionâ— notwithstanding the death or removal of their Superiour Officers It is also further Ordered That all trained Souldiers whether Horse or Foot shall repair to their several Quarters and lodge their Arms immediately after their dismissâ—on upon Training dayes And whosoever shall either singly or in companies remain in Arms and vainly spend their time and Powder by inordinate shooting in the day or night after their Release such Souldiers upon conviction shall be punished by their Superiour Officers order â—â—sâ—rder in alâ—â—â—â— to be pâ—â—â—â—ed by the Officers upon the next Training day at the head of the Company by sharp Admonition or otherwise with any usual Military punishment at the discretion of the chief Officer Provided the Magistrate have not taken notice of the matter before It is also further Ordered That all Souldiers whether Horse or Foot who shall disobey the lawful commands of their Superiour Officers upon any Training day either in time of exercise in the Body or otherwise refusing to perform any service which their Officers in their discretion shall judge expedient in order to the furtherance and promoting Military work such refractory Souldiers shall be punished either by Admonition or otherwise at the head of the Company with any usual Military punishments at the discretion of the chief Officers It is also further Ordered and be it hereby Enacted that the Law limiting Troops Repealed not to exceed seaventy persons in a Troop as also for allowance of five shillings per Annum is hereby Repealed in reference to any that shall be listed after the publication of this Order And that henceforth none shall be admitted to be a listed Trooper but such whom themselves or Parents under whose government they are do pay in a single County Rate for one hundred pounds estate and in other respects qualified as the Law provides And the same certified under the hand of the Constable of the Town where they live 1663. FOrasmuch as complaints have been made to this Court of very great inequality in keeping and maintaining of Military Watches the burthen of that service yâ—ng mainly if not altogether upon such as bear Arms when several persons of good I state are free All which considered Millary Watches It is Ordered that henceforth all persons whatsoever within this Jurisdiction who are liable to serve in Constables Watches shall also be liable to the like service in all Military Watches either in their own persons or by a sufficient supply to be made by all such persons as aforesaid or shall pay twelve pence in money and that under the penalty of five shillings for every such neglect to be leavied by the Clerk of each Company by Warrant under the hand of the chief Officer of the same 1664. VVHereas this Court hath already provided for the well ordering and setling the Militia of this Common-wealth Major General Majors power to see that all the Arms or the Country be readily fixt as in the Law tit Military yet forasmuch as many Complaints are presented to this Court that the said Orders are not so attended as is to be desired considering the present juncture of affairs between our English Nation and forreign Enemies who are now engaged in a Bloody War which calls for a prudential endeavour of our own safety against any forreign Invasion or suddain Surprizal This Court doth therefore Order and Enact That the said Military Laws be by all persons therein mentioned forthwith attended in all respects And for the better effecting the same the Major General is required forthwith by warrant under his hand to the Majors of the several Regiments to require them to make diligent inquiry into the state of the several Companies under their charge and to be certified under the hands of the Commission officers or chief Officers where no Commission Officers are of each Company of all defects of Arms Amunition or otherwise in every respect And the said Majors respectively are required to give speedy advice to the Major General what posture their said Regiments are in and wherein the said Majors cannot of themselves forthwith make redress of any defects in the said Companies the said Majors with the advice of the Major General have hereby power to use all lawful means to effect the same Five pounds penalty for defects of inferiour Officers And all inferiour Officers are hereby required to yield ready Obedience to all such Warrants sent to them by the said Majors respectively or Major General upon the penalty of five pounds for every such defect to be leavied by distress by such person as the said Major General and Majors of the Regiments shall depute All the fines to go to procute a stock of powder for the company where the defects arise which said sines shall be for a stock of Powder for the said Company where the defects arise from time to time And whereas several Towns in this Jurisdiction are not under the Command of any Serjeant Major as Dover Portsmouth c. as also the Towns of the County of Hampshire The several Towns that are not under Majors