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
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
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
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
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
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
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
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
to withdraw his Action or to be non-suited before the Jury have given in their verdict in which case he shall alwayes pay full costs and charges to the defendant and may afterward reniew his Suit at another Court. 1641. 8. And it is Ordered that no man in any Suit or Action against another L 1. p. 16.49 shall falsely pretend great Damages or Debts to vex his Adversary and in all cases where it appears to the Court Vexatious Suits to pay treble damage and be fined 40. shill that the Plaintiffe hath willingly and wittingly done wrong to the Defendants in commencing and prosecuting any Action Suit Complaint or Inditement in his own name or in the name of others he shall pay treble damages to the party grieved and be fined Forty shillings to the common Treasury 1641.46 APPEAL IT is Ordered by this Court and the Authority thereof That it shall be in the liberty of every man cast Liberty to appeal condemned or Sentenced in any Inferiour Court to make his Appeal to the Court of Assistants as also to appeal from the sentence of one Magistrate or other persons deputed to hear and determine small causes unto the shire Court of each Jurisdiction where the cause was determined Provided they tender their Appeal before Execution and put in security before the Judges of the Court to prosecute it to effect and also to satisfie all damages before execution granted which shall not be till twelve hours after Judgement except by special order of the Court. In criminal cases to be bound to the good behaviour And if the cause be of a criminal nature then also to put in security for the good behaviour and appearance at the same time and if the point of appeal be in matter of Law then to be determined by the Bench if in matter of fact by the Bench and Jury And if in the Court of Assistants two of five three of seven Appeals to the General Court or such a proportion of the Magistrates then present shall actually dissent from the sentence of the Court in any Capitall offence it shall then be in the liberty of the party sentenced to appeal to the next General Court 2. It is further Ordered That all Appeals with the security as aforesaid shall be recorded at the charge of the party Appealing L. 2. p. 1. and certified unto the Court to which they are made And the party Appealing shall briefly in writing without reflecting on Court or Parties Appealant to give his reasons six dayes before by provoking Language under his own or his Atturnies hand give in to the Clerk of the Court from which he did Appeal the Grounds and Reasons of his Appeal six dayes before the beginning of the Court A. 51. p. 1. to which he did Appeal to which Court the said Clerk shall return the said writing and give copies thereof to the Defendant if he desire the same Not prosecuting an Appeal forfeit forty shill And whosoever shall Appeal from the Sentence of any Court and not prosecute the same to effect according to Law shall besides his Bond to the party forfeit to the Country the sum of Forty shillings for every such neglect 3. And for a more clear and equal hearing and determining all Cases of Appeal A. 43. p. 19. It is Ordered That no person that hath sate as Judge or voted in any inferiour Court in that case he is Appealed from shall have any vote in the Superiour Court Appealed to No Judge Appealed from may judge the action of Appeal but the case shall be determined by such as are no wayes engaged in the same by Judging or Voting formerly Provided there be more Magistrates Appealed to then those that sate in the Court Appealed from A. 54. p. 2. And in all cases of Appeal the Court Appealed to shall Judge the case Errour may be rectified with reversing the former judgement according to former Evidence and no other rectifying what is amiss therein and where the matter of fact is found to agree with the former Court and the Judgement according to Law not to revoke the Sentence or Judgement but to abate or increase damages as shall be judged right any use or custome to the contrary notwithstanding 1642. 47. 49. 50. 53. 54. ON a motion of the Deputies of Dover and Portsmouth in behalf of most of the Freeman there Appeal from the Associate Court in Dover and Portsmouth tryable That whereas they have power in their Associate Courts to try any Case under Twenty pounds and finding no Law where they may Appeal but to the Court of Assistants the Actions being many times very small and is great charge to come to Boston for every small Case it is their desire that the Court would grant them an Order that any person cost or condemned may Appeal to the County Court held in Dover or Portsmouth and that some persons may haâ—e Magistratical Power in that County as formerly The Court judgeth it meet to grant their request And it is Ordered that henceforth it shall be in the liberty of Plaintiffe and Defendant in all Cases tryable before the Court of Associates in Portsmouth and Dover to Appeal to their next County Court in Dover or Portsmouth as in other cases any custome or usage to the contrary notwithstanding 1670. Appearance Non-appearance Immunity from punishment in case of inevitable obstruction IT is Ordered by this Court and the Authority thereof That no man shall be punished for not appearing at or before any Civil Assembly Court Council Magistrate or Officer nor for the omission of any Office or Service if he shall be necessarily hindred by any apparent Act or Providence of God which he could neither foresee nor avoid Provided that this Law shall not prejudice any person of his just cost and damage in civil action 1641. APPAREL ALthough several Declarations and Orders have been made by this Court against excess in Apparel both of Men and Women A. 51. p. 5. which have not taken that effect as were to be desired but on the contrary we cannot but to our grief take notice that intollerable excess and bravery hath crept in upon us and especially amongst people of mean condition to the dishonour of God the scandall of our profession the consumption of Estates Excess in Apparel proâ—ibiâ—â—â—â— and altogether unsuitable to our poverty and although we acknowledge it to be a matter of much difficulty in regard of the blindness of mens minds and the stubborness of their wills to set down exact Rules to confine all sorts of persons yet we cannot but account it our duty to commend unto all sorts of persons the sober and moderate use of those blessings which beyond expectation the Lord hath been pleased to afford unto us in this wilderness and also to declare our utter detestation and dislike that men or women of mean condition
should take upon them the garb of Gentlemen by wearing Gold or Silver lace or Buttons or Points at their knees or to walk in great Boots or Women of the same rank to wear Silk or Tiffiny hoods or Scarfes which though allowable to persons of greater Estates or more liberal education yet we cannot but judge it intollerable in persons of such like condition It is therefore Ordered by this Court and the Authority thereof that no person within this Jurisdiction nor any of their relations depending upon them whose visible estates real and personal shall not exceed the true and indifferent value of two hundred pounds shall wear any Gold or Silver lace or Gold and Silver Buttons or any bone lace above two shillings per yard or silk hoods or scarfs upon the penalty of ten shillings for every such offence and every such delinquent to be presented by the Grand-jury And forasmuch as distinct and particular rules in this case suitable to the estate or quality of each person cannot easily be given It is further Ordered by the Authority aforesaid that the Select Men of every Town or the Major part of them are hereby enabled and required from time to time to have regard and take notice of Apparel of any of the Inhabitants of their severall Towns respectively and whosoever they shall judge to exceed their ranks and abilities in the costliness or fashion of their Apparel in any respect especially in the wearing of Ribbonds or great Boots Leather being so scarce a commodity in this Country Lace Points c. Silk Hoods or Scarfes the Select men aforesaid shall have power to assess such persons so offending in any of the particulars above mentioned in the Country Rates at two hundred pounds estates according to that proportion that such men use to pay to whom such Apparrel is suitable and allowed Provided this Law shall not extend to the restraint of any Magistrate or publick Officer of this Jurisdiction their Wives and Children who are left to their discretion in wearing of Apparel or any setled Military Officer or Souldier in the time of Military service or any other whose education and imployment have been above the ordinary degree or whose estate have been considerable though now decayed 1651. As an Addition to the Laws about Apparel WHereas excess in Apparel amongst us unbecoming a Wilderness-condition and the profession of the Gospel whereby the Rising Generation are in danger to be Corrupted and Effeminated which practises are witnessed against by the Laws of God and sundry Civil and Christian Nations It is therefore Ordered and Enacted by this Court and the Authority thereof Addition to the Law for Apparel That all persons within this Jurisdiction whether the Children or Servants that are under government in Families that shall wear any Apparel exceeding the quality and condition of their Persons or Estate or that is apparently contrary to the ends of Apparel and either of these to be so judged by the Grand-jury and County Court of that Shire where such complaint or presentment is made All such persons being Convicted shall for the first offence be Admonished for the second offence pay a fine of twenty shillings for the third offence forty shillings and so following as the offences are multiplied to pay forty shillings a time to the Treasury of that County Also if any Taylor shall make or fashion any Garment for such Children or Servants under government as aforesaid contrary to the mind and order of their Parents or Governours every such Taylor shall for the first offence be Admonished and for the second offence forfeit double the value of such Apparel or Garment as he shall fashion or make contrary to the minde and order of their Parents or Governours half to the Owner and half to the Country And all Grand-jury men are hereby enjoyned to Present all those whom they do judge breakers of this Order 1662 ARRESTS IT is Ordered by this Court and the Authority thereof That no mans person shall be Arrested or Imprisoned for any Debt or Fine None to be kept in prison for debt that have not to satisfie if the Law can finde any competent means of satisfaction otherwayes from his estate except in special Contracts as in the Law of Payments And if not his person may be Arrested and Imprisoned where he shall be kept at his own charge not the Plaintiffs till satisfaction be made unless the Court that had cognizance of the cause or some superiour Court shall otherwise determine provided nevertheless that no mans person shall be kept in prison for debt but when there is an appearance of some estate which he will not produce to which end any Court or Commissioners Authorized by the General Court may Administer an Oath to the party or any other suspected to be privy in concealing his estate but shall satisfie by service if the Creditor require it but shall not be sold to any but of the English Nation 1641. 47. It is Ordered That when any persons are Committed to Prison in any Civil Action The Keepers discharge of Prisoners in Case the Keepers of the Prison shall not stand charged with their supply of Victuals or other Necessaries And in case the Prisoner hath no Estate and will be deposed before any Magistrate that he is not worth five pounds the Plaintiff shall provide for his relief or otherwise the Keeper shall not stand charged with him and all such charges the Plaintiff shall have power to levy with the Execution before the party be delivered from Prison COmplaint being made to this Court of abuse offered to Justice through liberty granted by the Keepers of the Prisons to such persons as stand Committed for payment of fines and on Execution granted in Civil Cases This Court do Order That no person or persons Committed as abovesaid shall be permitted by the Keeper of the Prison Keepers of prisoners danger to go at liberty without the precincts of the Prison but by the License of the Court that Committed him or of the Creditor for whom Execution is granted on penalty of paying the fine imposed and satisfaction of the Execution in any Civil Case 1662 IT is Ordered that the Keeper of the Prison for the time being shall henceforth have the same liberty that the Marshall hath in all Civil Cases Keepers liberty to take Baile to take sufficient Bayle after Commitment as the Marshall might before Commitment 1662. Attachments Summons IT is Ordered by this Court and Authority thereof L. 2. p. 12. That it shall be the liberty of every Plaintiff to take out either Summons or Attachments against any Defendant Plaintiffs liberty to take Summons or Attachments Provided no Attachment shall be granted in any Civil Action to any Forreigner against a setled Inhabitant in this Jurisdiction before he hath given sufficient security or caution to prosecute his Action and to answer the Defendant such costs as the Court shall award
dishonour of God reproach of the Country Debts made by persons under age not recoverable It is therefore Ordered by this Court That if any person after publication hereof shall any way give credit to any such Youth or other person under one and twenty yeares of age without order from their friends here or else where under their hands in writing they shall loose their debt what ever it be And further if such Youth or person incur any penalty by such meanes and have not wherewith to pay such person or persons as are occasions thereof shall pay it as the delinquents in the like case should do 1647. Parents denying marriage 5. If any person shall willfully and unreasonably deny any Child timely or convenient marriage or shall excercise any unnatural severity toward them such children shall have liberty to complaine to Authority for redress in such cases 1641. 6. No Orphan dureing their minority which was not committed to tuition or service by their Parents in their life time Orphans not be disposed on without a Court shall afterwards be absolutely disposed of by any without the consent of some Court wherein two Assistants at least shall be present except in case of marriage in which the approbation of the major part of the Select men of that Town or any one of the next Assistants shall be sufficient and the minority of women in case of marriage shall be sixteen yeares 1646. Chirurgions Midwives Physitians FORasmuch as the Law of God allowes no man to impaire the Life or Limbs of any Person L. 2. P. 3. but in a judicial way It is therefore Ordered That no person or persons whatsoever imployed at any time about the bodyes of men women or children for preservation of life or health as Chirurgions Midwives Physitians or others presume to excercise or put forth any act contrary to the known approved Rules of Art No force or violence to be used in any case with out consent c. in each Mystery and occupation nor excercise any force violence or cruelty upon or towards the body of any whether young or old no not in the most difficult and desperate cases without the advice and consent of such as are skillfull in the same Art if such may be had or at least of some of the wisest and gravest then present and consent of the patient or patients if they be mentis compotes much less contrary to such advice and consent upon such severe punishment as the nature of the fact may deserve which Law nevertheless is not intended to discourage any from all lawfull use of their skill but rather to incourage and direct them in the right use thereof and inhibit and restreine the presumptuous arrogancy of such as through prefidence of their own skill or any other sinister respects dare boldly attempt to excercise any violence upon or towards the bodyes of young or old one or other to the prejudice or hazard of the life or limbe of man woman or child 1649 Clerke of the Writts IT is Ordered by this Court and Authority thereof That notwithstanding every Magistrate hath power to graunt Warrants L. 2. P. 13. Summons and Attachments in every Town within this Jurisdiction there shall henceforth be a Clerke of the Writts nominated by each Town and allowed by each Shire Court to grant Summons and Attachments in all Civil Actions at the liberty of the Plaintiffe and Summons for Witnesses Clerks sees and the said Clerks are allowed to grant Replevins and to take Bond with sufficient security of the party to prosecute the Suite whose Fees shall be for every Warrant two pence a Replevin or Attachment three pence Warrants directed to the Constable and for a Bond four pence And all Attachments are to be directed to the Constables in such Townes where there is no Marshal dwelling 1641 It is Ordered Clerk of the Writts to Respond the Marshalls fees of 3 d Attachment That henceforth the Clerke of the Writts shall demaund of such as receive Attachments of them three pence a peece more then formerly in behalfe of the Marshal General which shall be in liew of that three pence on Attachments by a former Law he was to receive of the Constable or County Marshal and that the Constables shall have but twelve pence upon an Attachment as formerly 1660 COLLEDGE VVHereas through the good hand of God upon us there is a Colledge founded in Cambridge in the County of Middlesex called Harvard Colledge for the incouragement whereof this Court hath given the Summ of four hundred pounds and also the Revenue of the Ferry bewixt Charles-town and Boston and that the well Ordering and mannaging of the said Colledge is of great concernment It is therefore Ordered by this Court and the Authority thereof That the Governour and Deputy Governour for the time being and all the Magistrates of this Jurisdiction Commissioners and Feâ—s fees of the Colledge together with the teaching Elders of the six next adjoyning Townes viz Cambridge Watertowne Charles-towne Boston Roxbury and Dorchester and the President of the said Colledge for the time being To make Orders shall from time to time have full Power and Authority to make and establish all such Orders Statutes and Constitutions as they shall see necessary for the Instituting Guiding and furthering of the said Colledge and several members thereof from time to time in Piety Morallity and Learning and also to dispose Dispose of Gifts and Revenues order and mannage to the use and behoofe of the said Colledge and members thereof all Gifts Legacies Bequeaths Revenues Lands and Donations as either have been are or shall be Conferred Bestowed or any wayes shall fall or come to the said Colledge And whereas it may come to pass that many of the said Magistrates and said Elders may be absent or otherwise imployed about other weighty Affaires when the said Colledge may need their present Help and Counsell It is therefore Ordered that the greater number of Magistrates and Elders which shall be present with the President shall have the Power of the whole Provided that if any Constitution Order or Orders by them made shall be found hurtfull unto the said Colledge or the members thereof or to the Weal-publick then upon Appeal of the Party or Parties grieved unto the company of Overseers first mentioned they shall Repeal the said Order or Orders if they shall see cause at their next meeting or stand accountable thereof to the next General Court 1636. 40. 42. 2. Whereas we cannot but acknowledge the great goodnes of God towards his-People in this Wilderness A. 54. P. 2. in raysing up Schooles of Learning and especially the Colledge from whence there hath sprung many Instruments both in Church and Common-wealth both to this and other places And whereas at present the work of the Colledge hath been several wayes obstructâ—d and seems yet also at present for want of comfortable
is Ordered that the Secretary at the request of all such as are admitted to the freedome of this Colony or any in their behalf Freemens names to be Recorded give a true copy out of this Courts Records of their Names by them to be delivered to the Clerks or Recorders of those Courts in the several Counties to which they do belong with a copy of the Oath of Freemen as it is now stated that they may there take their Oathes c. 1666. Courts Ajournments VVHereas through the extremity of the seasons in this Country or other accidents that often happen that Courts of Justice are sometimes put by to the great prejudico of Justice This Court doth therefore Order that henceforth it shall be in the power of any one or more of the Magistrates being present at the time and place where the Court is to be kept to Adjourne the said Court to some more convenient time as though the whole Court had been met Courts Ajournments and all Jury-men Witnesses and Parties summoned to attend the Court either in Civil or Criminal Cases according to their respective Summons Obligations Attachments or other Process are hereby bound to such Ajournments and all proceedings to remain in force as though the ordinary course of time had been attended 1661. CRVELTY IT is Ordered by this Court Cruelty That no man shall exercise any Tyranny or Cruelty towards any Bruit Creatures which are usually kept for the use of Man 1641. Death Vntimely Untimely death to be inquired by a Jury IT is Ordered by this Court and the Authority thereof that whensoever any Person shall come to any suddain untimely or unnatural death some Assistant or the Constable of the Town shall forthwith Summon a Jury of twelve discreet Men to inquire of the cause and manner of their Death who shall present a true verdict thereof to some near Assistant or the next County Court upon their Oath 1641. DEBTS by BOOK ON Complaint and consideration of sundry Inconveniences both to Creators and Debtors through want of seasonable examination and ballancing of Book-accompts It is Ordered and by this Court Enacted that all such Book-debts as are now standing out or that hereafter shall be made and that shall not within three years after publication hereof Book debts to be Ballance within 3 years or within three years after such debt as hereafter shall be made be accounted for or ballanced with the Original Debtor or his Attorney Agent Assigne or other lawful Successor or Substitute and on Accompt or Ballance thereof assured by Specialty given for it or witnessed by subscribing the Debtor or other Accomptants Name to the Creditors Book or Subscription of the Witnesses to such Accompt shall not be pleadable in any Court unless such Book-debt shall within the time before limited be prosecuted or proved in such Court as hath proper cognizance thereof by Evidence competent and approved by the said Court And the Evidence there Recorded and the Record thereof shall secure thae Creditor his Executors and Assignes unless the Debtor or his Assignes shall disprove the same within one year after such proof made or recovery of the said Debt if such Debtor his or her Agent Attorney Assigne Substitute Executor Administrator or other lawful successor be or shall be within this Jurisdiction or elsewhere and have due notice from the Creditor thereof Deputies for the General Court Deputies chosen by paper IT is Ordered by this Court and the Authority hereof that henceforth it shall be lawful for the Freemen of every Town to chuse by Papers Deputies for the General Court who have liberty to meet together to confer and prepare such publick business as by them shall be thought fit to be considered of at the next General Court Their power who also shall have the full power of all the Freemen deputed to them for the making and establishing of Laws granting Lands and to deal in all other affaires of the Common-wealth wherein the Freemen have to do the matter of Election of Magistrates and other Officers onely excepted wherein every Freeman is to give in his Vote Provided that no Town shall send more then two Deputies and no Town that hath not to the number of twenty Freemen shall send more then one Deputy Number of Deputies to be sent from particular Towns and such Plantations as have not ten Freemen shall fend none but such Freemen may Vote with the next Town in the choice of their Deputies till this Court take further Order And all Towns that have not more then thirty Freemen A. 53. shall be at liberty of sending or not sending Deputies to the General Court 1636. 38. 53. Liberty to chuse Deputies dwelling any where in this Jurisdiction 2. And the Free men of any shire or town have liberty to choose such Deputies for the Generall Court either in their own shire Town or else where as they judge fittest so be it they be Freemen and Inhabiting this Jurisdiction Deputies may order their own house And when the Deputies for the several Towns are met together at any General Court it shall be lawful for them or the major part of them to hear and determine any difference that may arise about the Election of any of their Members and to order what may concern the well ordering of their body And because we cannot foresee what variety and weight of occasions may fall into future consideration and what Counsels we may stand in need of It is Ordered that the Deputies of the General Court shall not at any time be stated and continued but from Court to Court No Deputies to hold longer then one year or at most but for a year that the Country may have an annual liberty to do in that case what is most behoofful for the welfare thereof 1641. 34. 35. A. 54. p. 3. Deputies to be Orthodox And it is further Ordered that no man although a Freeman shall be accepted as a Deputy in the General Court that is unsound in Judgement concerning the main points of Christian Religion as they have been held forth and acknowledged by the generality of the Protestant Orthodox Writers or that is scandalous in his conversation or that is unfaithful to this Government And it is further Ordered that it shall not be lawful for any Freeman to make choice of any such person as aforesaid that is known to himself to be under such offence or offences specified upon pain or penalty of five pounds and the Cases of such persons to be tried by the whole General Court 1654. And henceforth the Constables of each Town shall return the name of the person or persons chosen by the Freemen to be Deputies for the General Court and the time for which they are chosen Constable to return who â—re chosen Deputies and for what time whether for the first Session or for the whole year And every Constable that
put to Election so shall they be nominated for Election except such of the eighteen who were Magistrates the year before who shall have precedency of all others in nomination on the day of Election And if any be trusted in this Order shall fail in the discharge of their trust shall forfeit ten pounds 1649. 4. It is Declared by this Court to be the constant liberty of the Freemen of this Jurisdiction to chuse yearly at the Court of Election out of the Freemen all the General Officers of this Jurisdiction and if they plea e to discharge them at the Court of Election by way of Vote they may do it without shewing cause Freemen to chose all general Officers but if at any other General Court we hold it due Justice that the reason thereof be alleadgâ—d and proved By General Officers we mean our Governour Deputy Governour Assistants Treasurer Major General Admiral at Sea Commissioners for the Vnited Colonies Secretary of the General Court and such others as aâ—e or here after may be of like General nature 1641. VVHereas it is found by experience that there are many who are Inhabitants of this jurisdiction who are Enemies to all Government Civil and Ecclesiastical who will not yield Obedience to Authority but make it much of their Religion to be in opposit on thereto and refuse to bear Arms under others who notwithstanding combine together in some Towns and make Parties suitable to their designes in Election of such persons according to their ends Persons exempt from voting in Elections It is therefore Ordered by this Court and the Authority thereof that all persons Quakers or others which refuse to attend upon the publick Worship of God here Established that all such persons whether Freemen or others acting as aforesaid shall and hereby are made uncapable of Voting in all civil Assemblies during their obstinate persisting in such wicked wayes and courses and until certificate be given of their Reformation And it is further Ordered that all those Fines and Mulcts of any such Delinquents as aforesaid which are not gathered nor paid to the several Treasurers of the Counties as also what Fines shall be laid on them for the future shall be delivered by the Order of the County-Treasurers respectively to the Select men of the several Towns whereunto they belong to be by them improved for the poor of the Town ESCHEATS IT is Ordered by this Court and the Authority thereof that where to Heir or owner of Houses Lands Tenements Goods or Chattels can be found they shall be seized to the publick Treasury till such Heirs or Owners shall make due claim thereto unto whom they shall be restored upon just and reasonable tearms 1646. FARMS IT is Ordered by this Court and the Authority thereof that all farms which are within the bounds of any Town shall henceforth be of the same Town in which they lye except Meadford 1641. Faires and Markets IT is Ordered by the Authority of this Court that there shall henceforth be a Market kept at Boston in the County of Suffolk Boston upon the fifth day of the week from time to time Salem And at Salem in the County of Essex upon the fourth day of the week from time to time Lyn. And at Lyn on the third day of the week from time to time Charlstown And at Charlstown in the County of Middlesex upon the sixth day of the week from time to time It is also Ordered and hereby Graunted to Boston aforesaid to have two Fairs in a year on the first third day of the third Month and on the first third day of the eighth Month from year to year to continue for two or three dayes together Also to Salem aforesaid to have two Fairs in a year on the last fourth day of the third Month L. 2. p. 7. and the last fourth day of the seaventh Month from year to year Watertown Also to Watertown in the County of Middlesex two Fairs in a year on the first sixth day of the fourth Month and the first sixth day of the seaventh Month. Also to Dorchester in the County of Suffolk two Fairs in a year on the fourth third day of the first Month and the last fourth day of the eighth Month from year to year 1633 34 36 38 48. FERRIES FOR settling all common Ferries in a right course both for the Passengers and Owners Men may pass Ferries in their own Boats It is Ordered by this Court and the Authority thereof That whosoever hath a Ferry granted upon any passage shall have the sole liberty for transporting Passengers from the place where such Ferry is granted to any other Ferry place where Ferry Boats use to land and any Ferry Boat that shall land Passengers at any other Ferry may not take Passengers from thence L. 2. p. 7. if the Ferry Boat of that place be ready Provided this Order shall not prejudice the liberty of any that do use to pass in their own or neighbours Cannoos or Boats to their ordinary labour or business But no Ferry man shall carry over the water any Passengers in a Cannoo but in case of necessity Ferry men not to carry in cannnoos and upon his own desire under the pain of forfeiture of the Cannoo or the value thereof to the Treasury And at Weymouth Ferry every single person shall pay for his Passage two pence And all Ferry men are allowed to take double pay at all common Ferries after day light is done and those that make not present pay being required shall give their names in wrighting or a pawn to the Ferry men or else he may complain of any such to a Magistrate for satisfaction And it is Ordered that all Magistrates and such as are or from time to time shall be chosen Deputies of the General Court Magistrates and Deputies to pass free with their necessary attendance viz. a Man and a Horse at all times during the time of their being Magistrates or Deputies but not their Families shall be Passage-free over all Ferries that pay no Rent to the Country 2. And for the preventing of danger in the Passing at Common Ferries It is Ordered That no person shall press or enter into a Ferry Boat contrary to the Will of the Ferry man None to enter the Ferry boat without leave of the Ferry men Magistrates Depuâ—ies or Elders or of the most of the Passengers first entred upon pain of ten shillings for every such attempt And that every Ferry man that shall permit or allow any person to come into his Boat against the will of any of the Magistrates or Deputies or any of the Elders shipped in such Boat or the greater part of the Passengers in the said Boat shall forfeit for every person so admitted or received against such their will so declared the sum of twenty shillings And it shall be in the power of any of the Ferry men to keep
out or put out of his Boat any person that shall press enter into or stay in any such Ferry Boat contrary to this Order Men pass as they come except publick persons And it is further Ordered that all persons shall be received into such Ferry Boats according to their comeing first or last only all publick persons or such as go upon publick or urgent occasions as Physitians Chyrurgcons and Midwives and such other as are called to Womens Labours such shall be transported with the first 1641 44 46 47. FINES IT is Ordered by this Court and Authority thereof L. 1. p. 38. that every Offender fined for the breach of any Penal Law shall forthwith pay his or their Fine or Penalty or give security speedily to do it or be imprisoned Fâ—nes to be paid presently or kept to work till it be paid unless the Court or Judge that imposed the Fine sed cause to respite the same And in all Courts L. 2. p. 7. where any Fine or Fines or other Sums of Money shall be assessed or received Clerk to return all Fines to the Treasurer in fourteen dayes And also when any Magistrate or Commissioner shall assess any Fines or receive any Sum for the use of the Country by virtue of any special Order the Secretary or Clerk of each Court and every such Magistrate and Commissioner shall within fourteen dayes L. 1. p. 22. send a Transcript or Note of the said Fines and other dues to the Treasurer of the Country or County to whom it doth belong who shall forthwith give warrant to the Marshal to collect and levy the same And if no goods can be found to satisfie such Fine or other dues the Marshall shall Attach the Body of such persons Marshal to Attach the body where Goode are not c. and imprison them till satisfaction be made Provided that any Court of Assistants or County Court may discharge any such person from imprisonment if they be unable to make satisfaction 1638 46. Firing and Burning Firing of ground when lawful when forbidden IT is Ordered by this Court and Authority thereof that whosoever shall kindle any Fires in the Woods or Grounds lying in Common or inclosed so as the same shall run into Corn grounds or Inclosures before the tenth day of the first Month or after the last of the second Month or on the last day of the Week or on the Lords day shall pay all damages and half so much for a Fine or if not able to pay then to be Corporally punished by warrant from one-Magistrate or the next County Court as the offence shall deserve not exceeding twenty stripes for one offence Provided that any man may kindle fire in his own ground so as no danger come thereby either to the Country or to any particular person and whosoever shall wittingly and willingly burn or destroy any Frame Timber Hewed Sawen or Riven Heaps of Wood Charcoal Corn Hay Straw Hemp or Flax he shall pay double damages 2. Whereas some dwelling Houses A. 52. p. 11. and other Houses within this Jurisdiction have been set on Fire and the means or occasion thereof not discovered though some persons have been vehemently suspected to have been Instrumental therein The Court taking into consideration the danger of such a wicked practise especially in Towns where the Houses are near adjoyning and there being no Law yet provided for the punishment of so hainous a crime Doth therefore hereby Order and be it Enacted by the Authority of this Court that any person or persons whatsoever of the age of sixteen years and upward that shall after the publication hereof wittingly and willingly set on fire any Barn Stable Mill out House Stack of Wood Corn or Hay or any other thing of like nature shall upon due conviction by testimony or confession pay double damages to the party damnified and be severely whipt And if any person of the age aforesaid shall after the publication hereof Burning Houses wittingly and willingly and felloniously set on fire any Dwelling House Meeting House Store House or shall in like manner set on fire any out-House Barn Stable Leanto Stack of Hay Corn or Wood or any thing of like nature whereby any Dwelling House Meeting House or Store House cometh to be burnt the party or parties vehemently suspected thereof shall be apprehended by Warrant from one or more of the Magistrates and committed to Prison there to remain without Baile till the next Court of Assistants Capital who upon legal conviction by due proof or confession of the Crime shall adjudge such person or persons to be put to death and to forfeit so much of his Lands Goods or Chattels as shall make full satisfaction to the party or parties damnified 1652. Fish Fishermen VVHereas it hath been a custome for forreign Fishermen to make use of such Harbours and Grounds in this Country as have not been Inhabited by English men and to take Timber and Wood at their pleasure for all their occasions yet in these parts which are now possessed and the Lands disposed in proprieties unto several Towns and Persons by the Kings Graunt under the great Seal of England It is Declared Repealed pag. 5. 1661. That it is not Lawfull for any Person either Fisher-man or other either Forreigner or of this Country to enter upon the Lands so appropriate to any Town or Person or to take Wood or Timber in any such place without the Licence of such Town or Proprietor and if any person shall Trespass herein the Town or Proprietor so injured may take their remedy by action at Law or may preserve their goods or other interest by opposing Lawfull force against such unjust violence Provided that it shall be lawfull for such Fishermen as shall be imployed by any Inhabitants of this Jurisdiction in the several seasons of the year to make use of any of our Harbours and such Lands as are near adjoyning for the drying of their Fish or other needful occasions as also to have such Timber and Fire-wood as they shall have necessary use of for their Fishing-seasons where it may be spared so as they make due satisfaction for the same to such Town or Proprietor 1646. 2. Whereas much Damage hath crisen to Merchants trading hence by bad making of Fish and the credit of our Trade therein hath much suffered It is therefore Ordered That at every fishing place within this Jurisdiction some discreet and honest person be appointed by the Country Court A. 52. p. 9 10. unto which such Fishing place doth belong and those persons so nominated and appointed are by this Court impowred to give Oath unto such persons as shall be chosen by the deliverers and receivers of any Fish who have liberty hereby either of them to chuse one or more sufficient knowing men in such cases to view what Fish is delivered and received Sworn viewers of Fish at all Fishing places
which viewers shall be sworn as aforesaid and what they approve of as Merchantable the receiver shall accept and what is Refuse Fish shall be cast by and the said viewers for their labour and pains aforesaid shall be allowed one penny per Quintal for so much Merchantable Fish as he or they shall view to be paid one half by the deliverer and the other half by the receiver And for further direction to the viewers in tryal of Fish It is hereby Ordered That all Sun burnt salt burnt and Dry Fish that hath been first pickled shall be judged un-Merchantable Fishermens liberty to cut flakes regulated FOr the Explanation of an Order bearing date 1646. and the Repealing of the same 1667. For giving a liberty to Fishermen according to a Reservation in the Patent to cut down Wood for Flakes or Stage and other uses about their Fishing imploy that it is intended only in that Order to give liberty to such as are Strangers and come only to make Fishing Voyages and not to Fishermen that are Inhabitants who are not to trespass upon any person in their propriety but are liable to make satisfaction with damages as in any other Action of Trespass no way restraining Fishermen in Common Lands any Law Custome or Usage to the contrary notwithstanding IT is Ordered by this Court and the Authority thereof that no man shall henceforth kill any Cod fish Hake Hadduck or Polluck to be dried for sale in the Month of December or January because of their spawning time nor any Mackrell to Barrel up in the Month of May or June No Fish to be killd when they go to Spawn under penalty of paying five shilings for each Qâ—intal of Fish and Five shillings for each Barrel of Mackrell nor shall any Fisherman cast the Garbage of the Fish the catch over-board at or near the Ledges or Grounds where they take the Fish nor shall any of the Boats crew refuse or neglect to obey the Order of the Master of the Vessel to which they belong for the times and seasons of Fishing nor shall they take or drink any more Strong Liquors then the Master thinks meet to permit them the breach of these three last being under the penalty of Twenty shillings for the first Offence for the second forty shillings for the third three Months Imprisonment one third part of the aforesaid Fines to the Informer proving the same 1668. THis Court being informed that the taking of Mackrel at unseasonable times do greatly diminish their increase and will in the issue tend to the spoil of the Trade thereof Do Order and Enact That henceforth no Mackrell shall be caught except for spending whilst fresh To prevent damage by unseasonable killing of Mackrel before the first of July annually on penalty of the loss of the same the one half to the Informer and the other half to the use of the Country And any Magistrate or County Court is impowred to act herein to all intents and purposes for the execution of this Law VVHereas by the blessing of God the Trade of Fishing hath been advantagious to this Country which is like to be much impaired by the use of Turtooda's Salt which leaves spots upon the Fish by reason of Shells and Trash in it For prevention thereof To prevent damage by salting Fish with Turtoodas salt This Court doth Order and be it hereby Enacted That all such Fish that is salted with Turtooda's Salt and thereby spotted as abovesaid shall not be accounted for Merchantable Fish and all sworn Cullers of Fish are hereby required to have special regard to the fulfilling of this Order any Law or Custome to the contrary notwithstanding FORGERY IT is Ordered by this Court and the Authority thereof That if any person shall forge any Deed or Conveyance Testament Bond Bill Release Acquittance Letter of Attorney or any Writeing to pervert Equity and Justice he shall stand in the Pillory three several Lecture dayes and render double damages to the party wronged and also be disabled to give any Evidence or Verdict to any Court or Magistrate 1646. FORNICATION IT is Ordered by this Court and the Authority thereof That if any man Commit Fornication with any single Woman they shall be punished either by enjoyning Marriage or Fine or Corporal punishment or all or any of these as the Judges of the Court that hath Cognizance of the Cause shall appoint 1642. THere being a seeming contradiction between the Laws tit Fornication and tit Punishment This Court doth Declare That the former referring to a particular Crime a shameful Sin much increasing amongst us to the great dishonour of God and our profession of his Holy Name the punishment of that Sin shall be as is prescribed in the said Law any thing that may seem to restrain or limit the same contained in the other Law tit Punishment notwithstanding And in case any person legally convicted of that or any other shameful and vicious Crime be a Freeman it shall be in the liberty and power of the Court that hath the proper cognizance thereof besides any other Penalty or Punishment to adde Disfranchisement thereto 1665. VVHereas there is a Law provided by this Court for punishing of Fornicators but nothing as yet for the easing of Towns where Bastards are born in regard of the poverty of the Parent or Parents of such Children sometimes appearing nor any Rule held forth touching the reputed Father of a Bastard for legal conviction It is therefore Ordered and by this Court Declared that where any man is legally convicted to be the Father of a Bastard-childe he shall be at the care and charge to maintain and bring up the same by such Assistance of the Mother as nature requireth and as the Court from time to time according to circumstances shall see meet to Order and in case the Father of a Bastard by confession or other manifest proof upon trial of the case do not appear to the Courts satisfaction then the Man charged by the Woman to be the Father thee holding constant in it especially being put upon the real discovery of the truth of it in the time of her Travail shall be the reputed Eather and accordingly be liable to the charge of maintenance as aforesaid though not to other punishment notwithstanding his denial The reputed Eather of a Bastard to maintain it unless the circumstances of the Case and Pleas be such on the behalf of the Man charged as that the Court that hath the cognizance thereof shall see reason to acquit him and otherwise dispose of the Childe and Education thereof Provided alwayes in case there be no person accused in the time of her Travail it shall not be available to abate the conviction of a reputed Father any Law Custome or Usage to the contrary notwithstanding Freemen Non-Freemen TO the end the Body of the Freemen may be preserved of honest and good men L. 2. p. 8. None but
Court Provided alwayes it occasion not the pulling down of any Mans House or laying open any Garden or Orchard and in Common Grounds or where the Soyle is wet myrie or very rocky shall lay out such High-wayes the wider viz. six eight ten or more Rods. Satisfaction to be given proprietor Provided that if any Man be thereby damaged in his improved Ground the Town shall make him reasonable satisfaction by estimation of those that laid out the same and if such persons deputed cannot agree it shall be referred unto the County Court of the Shire who shall have power to heat and determine the Case And if any person finde himself justly grieved with any act or thing done by the persons deputed aforesaid he may Appeal to the County Court aforesaid but if he be found to complain without cause he shall surely pay all charges of the parties and Court during that Action and also be fined to the Country as the Court shall adjudge 1639. Private wayes in Towns 2. It is Ordered and Declared by this Court That the Select Townsmen of every Town have power to lay out by themselves or others particular and private wayes concerning their own Town only so as no damage be done to any man without due recompence to be given by the judgement of the said Select men Private wayes in Townâ— and one or two chosen by the said Select men and one or two chosen by the party and if any person shall finde himself justly grieved he may Appeal to the next County Court of that Shire who shall do justice therein as in other Cases 1642. Incumbrance in High-wayes to be removed 3. Vpon information that divers High-wayes are much annoyed and incumbred by Gates and Rails erected upon them It is Ordered by the Authority of this Court That upon any information or complaint made to any County Court or to any Magistrate of any such Gates or Rails erected or to be erected upon any Common High-way the said Court or Magistrate shall appoint a Committee of discreet and indifferent men to view such incumbrance and to Order the reformation thereof And if the parties whom it shall concern shall not submit to such Orders they shall require them to appear at the next Court of that Shire and also shall certifie the incumbrance found and Order by them made under their hands unto the said Court or appear in person to prosecute the cause where it shall be heard and determined for ease and conveniency of Travellers with due respect to the Proprietors cost and damage but no person shall stand charged with the repair of common High-wayes through his own Ground 1647. HORSES MARES IT is Ordered by this Court and Authority thereof L. 2. p. 11. That no Master or Commander of any Ship or Barque shall receive on board his Ship or Vessel any Horse Gelding or Mare but such as shall be entred into a Book with the colour particular marks and age as near as may be known and person of whom such Horse was last bought Horses to be transported to be entred in a Book and proof by Witness or Oath that he was the true owner thereof to be kept by the Clerks of the Writs in all their Towns who are hereby Authorized to view all such as shall be shipped and for every Horse so entred there shall be paid to the said Officers by the Owner or Merchant of such Horse six pence a piece And every Commander or Master of any Vessel who shall take on board any other Horse or Mare except such as he shall receive a Note under the hand of the said Clerk and be entred as aforesaid Penalty shall for every such offence forfeit the Sum of forty shillings to the Informer and forty shillings to the Treasury 1649. No Horsâ—â— to 〈◊〉 sold to Indians It is Ordered that no person shall under any pretence sell or any way dispose any Horse Mare or Colt to any Indian upon the penalty of one hundred pounds 1655. VVHereas the Breed of Horses in the Country is utterly spoiled whereby that useful Creature will become a burthen which otherwise might be benificial and the occasion thereof is conceived to be through the smalness and badness of Stone Horses and Colts that run in Commons and Woods For prevention whereof This Court doth Order and Enact and be it Ordered and Enacted by the Authority hereof Order for the best improvment of stone Horses That no Stone Horse above two years old shall be suffered to go in Commons and Woods at liberty unless he be of comely proportion and sufficient stature not less then fourteen Hands high reckoning four Inches to a Handful and such a Horse to be viewed and allowed by the major part of the Select men of the Town where the owner lives And if any person or persons turn any Stone Horse upon the Commons or at liberty or in the Woods being not viewed and allowed as before he or they shall forfeit twenty shillings a Month for every Stone Horse running at liberty after he is a two years old which penalty is to be taken by Warrant of the Select Men and imployed to the Towns use and if the Select Men of any Town do neglect their duty in taking their fines and viewing such as are brought in according to this Law they shall forfeit twenty shillings to the County Treasury and this Law to be in force the first of October next 1668. Idle Persons VVHereas in the Law tit House of Correction Idle persons are particularly named as such as the Law intendeth should be committed to that House for Correction and Reformation This Court taking notice upon good information and sad complaints that there are some persons in this Jurisdiction that have Families to provide for who greatly neglect their Callings or mispend what they earn whereby their Families are in much want and are thereby exposed to suffer and to need relief from others This Court for remedy of these great and unsufferable evils do Declare that by Idle persons mentioned in the recited Law such neglectors of their Families are comprehended amonst the rest and that in a special manner 1668. Constable to take notice of Idle persons IT is Ordered that no person House-holder or other shall spend his time Idely or unprofitably under pain of such punishment as the County Court shall think meet to inflict And the Constables of every Town are required to use special care to take notice of Offenders in this kinde especially of common Coasters unprofitable Fowlers and Tobacco takers and present the same to the next Magistrate who is hereby impowred to hear and determine the cause or transfer it to the next Court. 1633. JESVITES THis Court taking into consideration the great Wars Combustions and Divisions which are this day in Europe and that the same are observed to be raised and fomented chiefly by the secret underminings and solicitations of
those of the Jesuitical Order Men brought up and Devoted to the Religion and Court of Room which hath occasioned divers States to expel them their Territories for prevention whereof among our selves Forbidden to enter out Jurisdiction It is Ordered and Enacted by Authority of this Court That no Jesuite or Spiritual or Ecclesiastical person as they are termed Ordained by the Authority of the Pope or See of Room shall henceforth at any time repair to or come within this Jurisdiction And if any person shall give just cause of suspition that he is one of such Society or Order he shall be brought before some of the Magistrates and if he cannot free himself of such suspition he shall be committed to Prison or bound over to the next Court of Assistants to be tryed and proceeded with To be Banished by Banishment or otherwise as the Court shall see cause And if any person so Banished be taken the second time within this Jurisdiction upon lawful tryal and conviction he shall be put to Death Provided this Law shall not extend to any such Jesuite Spiritual or Ecclesiastical person as shall be cast upon our Shores by Ship-wrack or other Accident so as he continue no longer then till he may have opportunity of Passage for his departure nor to any such as shall come in company with any Messenger hither upon publick occasions or Merchant or Master of any Ship belonging to any place not in enmity with the State of England or our selves so as they depart again with the same Messenger Master or Merchant and behave themselves inoffensively during their abode here 1647. IMPOSTS FOR the support of the Government and Maintenance of Fortification for the protecting and safe guarding our Harbours for our selves and others that come to Trade with us It is Ordered by this Court and the Authority thereof A. 53. p. 19. That every Person Merchant Seaman or other that bring Wines or Strong-waters into any of our Harbours in any Ships or Vessels whatsoever except they come directly from England as their first Port before they Land any of the said Wines or Strong-waters more or less Wines to be entred before landed shall first make entry of as many Butts Pipes or other Vessels as they or any of them shall put on shore by a Note under their Hands delivered to the Officer that is to receive the Customes at his House upon pain of forfeiture and confiscation of all such Wines and Strong-waters as are Landed before such entry made wheresoever found the one half to the Country the other half to the Officer and the Merchant or owner of such Wines of any kinde or Strong waters as soon as he Lands them shall deliver and pay unto the said Officer what is due for Custome of them according to this Order Custome to be paid upon the Landing in Wine or Strong-water according to the proportion of the goodness of the parcel that is brought in as the Officer and Owner can agree to the contentment and satisfaction of the said Officer but if they cannot agree Customers Deputy the Treasurer for the time being shall Determine the price thereof And it is further Ordered that the chief Officer or Customer shall have under him a Deputy or Deputies who shall be as searchers or waiters in several places to take up such Wines or Strong-waters by order of the said chief Officer and to take notice of what is Landed in any place of this Jurisdiction that the Country be not defrauded who shall have due recompence as the chief Officer shall agree with them and all Wines shall pay Custome according to the Rates following Rates of the Custom of wine Every Butte or Pipe of Fyall Wines or any other Wines of the Western Islands five shillings Every Pipe of Madera wine six shillings eight pence Every Butte or Pipe of Sherry Sack Malaga or Canary Wines ten shillings Muscadels Malmsies and other Wines from the Straits ten shillings Bastards Tents and Alligants ten shillings And proportionable for greater or lesser Vessels of each kinde Every Hogshead of French Wines two shillings six pence And every Hogshead of Strong-waters ten shillings and proportionably for greater or lesser quantities Customers power and duty 2. And for the better recovering any such Customes of Wines and Strong waters or Forfeitures for not entring according to this Order It is Ordered that the said Officer or his Deputy hath hereby power and is required to go into all Houses or Cellars where he knoweth or suspecteth any Wine or Strong-waters to be and shall seize all such Wines and Strong-waters as are not entred according to this order and also seize and take possession of so much Wines and Strong-waters as shall make payment for what Custome is due according to entries made and is refused or neglected to be paid in due manner according to this Order Constables to assist the Officer And all Constables and other Officers are hereby required to assist and aid the Officer in the discharge of his duty and helping to break open such Houses or Cellars of the Owners of such Wines or Strong-waters as shall refuse to open their doors or deliver their Keys in a peaceable manner Constables and others to assist the Customer And any Smith Carter Owner of Boat Porter or other that shall be required by the Officer to help and assist in taking loading and transporting such Wines for the use of the Country and shall refuse or neglect such service for due hire shall forfeit to the Common Treasury ten shillings for such default on penalty of ten shillings to be levyed by the Constable by Warrant from any one Magistrate And all Debts due unto the Country for Custome of Wines or Strong-waters where Wines or Strong-waters are not to be found they shall be recoverable in a way of Action according to the course of Law in other Cases 3. And it is further Orderd L. 2. p. 9. That besides the Customes of Wines or Strong-waters aforesaid all Merchants or Masters of Strangers Ships which shall arive with Merchandize in any of our Harbours of Boston or Charls-town and shall make sale thereof or of the greater part of the â—ame shall pay by way of Custome or Imposition Six pence per 〈◊〉 paid by every 〈◊〉 after the Rate of six pence per Tun for every Ship to be paid out of the said Merchandize And the Master of every such Ship shall also pay ten shillings towards the maintenance of our Fortifications for the deâ—ence of our said Harbours Provided no English-ship or other Ship or Vessel Fraught in England by any English man arriving in our said Harbours nor any Vessel of our Confederates or any other parts where our Sips are free of Customes Imposts and Taxes shall pay the said Custome of six pence per Tun to the Officer appointed For a ship of 〈…〉 but only towards the maintenance
wayes give sell barter or otherwise dispose of any Boat Skiffe or any greater Vessel unto any Indian or Indians whatsoever under the penalty of fifty pounds to be paid to the Country Treasurer for every such Vessel so sold or disposed as aforesaid 1656. 7. L. 1. p. 23. It is Ordered by this Court That in all places within this Jurisdiction the English shall keep their Cattle from destroying the Indians Corn Damage done to Indians in their Corn to be satissied in any ground where they have right to plant and if any of their Corn be destroyed for want of Fencing or Hearding the Town shall make satisfaction and shall have power among themselves to lay the charge where the occasion of the damage did arise Provided that the Indians shall make proof that the Cattle of such a Town Farm or Person did the damage And for incouragement of the Indians towards the Fencing in of their Corn-fields Help Ind Fence their Ground Such Towns Farms or Persons whose Cattle may annoy them that way shall Direct Assist and help them in felling of Trees riving and sharpning Rails and holing of Posts allowing one English-man to three or more Indians And shall also draw the fencing into place for them and allow one man a day or two towards the setting up the same and either lend or sell them Tools to finish it Provided that such Indians to whom the Country or any Town have given or shall give Ground to plant upon or shall purchase ground of the English shall Fence such their Corn Fields or Ground at their own charge as the English do or should do And if any Indian refuse to fence their Corn Ground being tendred help as aforesaid in the presence and hearing of sufficient witnesses they shall keep off all Cattle or lose their damages And it is also Ordered that if any harm be done at any time by the Indians unto the English in their Cattle Indians to pay for hurt done to Cattle the Governour or Deputy Governour with two of the Assistants or any three Magistrates or any County Court may order satisfaction according to Law and Justice 1640. 48. 8. Whereas one end in planting these parts was to propagate the true Religion unto the Indians and that divers of them are become subject to the English and have engaged themselves to be willing and ready to understand the Law of God Izwe to be publured to the indians It is therefore Ordered That such necessary and wholsome Laws which are in force and may be made from time to time to reduce them to civility of life shall be once a year if the times be safe made known to them by such fit persons as the General Court shall appoint 9. For the better Ordering and Governing the Indians subject to us A. 58. especially those of Natick and Punquepaog It is Ordered that whomsoever the Court shall appoint do take care that all such Indians do live according to our Laws as far as they are capable and to that end shall be Authorized to constitute and appoint Indian Commissioners in their several Plantations to hear and determine all such matters that do arise amongst themselves as one Magistrate may do amongst the English with Officers to execute all Commands and Warrants as Marshal and Constables Courts to be kept among the Indians And further they joyntly shall have the power of a County Court to hear and determine all causes arising among them the English Magistrate appointing the time and place of the Court and consenting to the determination or judgement and all other matters beyond their cognizance shall be issued and determined by the Court of Assiliants 10. And it is Ordered Powaws sorbâ—â—lden that no Indian shall at any time Powaw or perform outward worship to their salse Gods or to the Devil in any part of our Jurisdiction whether they be such as shall dwell here or shall come hither and if any shall transgress this Law the Powawer shall pay five pounds the procurer five pounds Towns to refirain Indians from prophaning the Sabbath and every other countenancing by his presence or otherwise being of age of discretion twenty shillings and every Town shall have power to restrain all Indians that shall come into their Towns from prophaning the Lords day 1633 37 40 41 42 46 48 56 57 58. VVHereas the sin of Drunkenness amongst the Indians doth much increase order to prevent Drunaenness in Indians notwithstanding the Laws provided against that crying sin This Court doth therefore Order that any person or persons that shall see know or finde any Indian with any strong Liquors Wine or strong Drink that such Indians have any way gotten without Order as the Law directs shall have power to seize the same Their strong-Liquor c. to be seized by any person and to deliver the said strong-Drink to the Constables of the Town or Place where such Indians are found with their persons to be conveyed before some Magistrate or Commissioner who have power to deal in such cases and such Indians as are found Drunk being apprehended and will not confess how or where they had the said Wine Liquors or strong Drink shall be secured or imprisoned until they make a just acknowledgement where they had their Drink asoresaid or committed to the House of Correction and there labour to discharge the charge of their provision Their accusation against persons to be evidence unless the party clear himself on Oath c. And if any such Indian do accuse any person for selling or delivering strong Drink unto them such Indian accusation shall be accounted valid against any such person accused except such persons shall clear themselves by taking their Oath to the contrary any Law or Custome to the contrary notwithstanding And it is also further Ordered that whatsoever Indian shall hereafter be taken Drunk If Drunk to pay ren shillings or be whipt with ten stripes c. shall pay the sum of ten shillings or else be whipt by laying on ten stripes according to the discretion of the Judge whether Magistrate or Commissioner who shall have cognizance of the case And in all Towns where no Magistrate or Commissioners are such Cases shall be judged by the Select men or major part of them 1666. Trade with Indians for peltry Amunition regulated IT is Ordered by this Court and the Authority thereof That henceforth every person that is or shall be allowed by the Treasurer of the Country to Trade Peltry or Skins with the Indians shall have liberty to sell unto any Indian or Indians not in Hostility with us or any of the English in New England Powder Shot Lead Guns i. e. Hand Guns Rapier or Sword blades Provided he or they pay unto the Country Treasurer every half year in money sixpence a pound for every pound of Powder sixpence for every ten pounds of Shot or Lead Every allowed
not Ebbe above a hundred Rods and not more wheresoever it Ebbs further Provided that such Proprietor shall not by this liberty have power to stop or hinder the passage of Boats or other Vessels in or through any Sea Creeks or Coves to other mens Houses or Lands Liberty to pass through propriety to fish fowl And for great Ponds lying in Common though within the Bounds of some Town it shall be free for any man to fish and fowle there and may pass and repass on foot through any mans propriety for that end so they trespass not upon any mans Corn or Meadow 1641 47. Liberty to remove out of the Jurisdiction 3. Every man of or within this Jurisdiction shall have free liberty notwithstanding any Civil Power to remove both himself and his Family at their pleasure out of the same Provided there be no legal impediment to the contrary 1641. LYING VVHereas Truth in Words as well as in Actions is required of all men especially of Christians who are the professed Servants of the God of Truth And whereas all Lying is contrary to Truth and some sort of Lies are not only sinful as all Lyes are but also pernicious to the publick Weal and injurious to particular persons It is therefore Ordered by this Court and Authority thereof That every person of the age Age of discretion 14 years of discretion which is accounted fourteen years who shall wittingly and willingly make or publish any Lye which may be pernicious to the Publick Weal or tending to the damage or injury of any particular person or with intent to deceive and abuse the People with false News and Reports and the same duely proved in anâ— Court or before any one Magistrate who hath hereby power granted to hear and determine all offences against this Law such person shall be fined for the first offence ten shillings first offence 10 â—â— or stock or if the party be unable to pay the same then to be set in the Stocks so long as the said Court or Magistrate shall appoint in some open place not exceeding two hours For the second offence in that kinde whereof any shall be legally convicted shall pay the sum of twenty shillings or be whipped upon the naked Body not exceeding ten stripes Second offence 〈…〉 wâ—â—â— Third offence And for the third offence forty shillings or if the party be unable to pay then to be whipped with more stripes not exceeding fifteen Fourth offence And if yet any shall offend in like kinde and be legally convicted thereof such person Male or Female shall be fined ten shillings a time more then formerly or if the party so offending be unable to pay then to be whipt with five or six more stripes then formerly not exceeding forty at any time The aforesaid fines shall be leavied or stripes inflicted either by the Marshal of that Jurisdiction or Constable of the Town where the offence is committed according as the Court or Magistrate shall direct And such fines so leavied shall be paid to the Treasury of the Shire where the cause is tryed Liberty to Appeal And if any person shall finde himself grieved with the Sentence of any such magistrate out of Court he may Appeal to the next Court of the same Shire If causeless doubly fined giving sufficient security to prosecute his Appeal and abide the Order of the Court and if the said Court shall judge his Appeal causeless he shall be double fined and pay the charges of the Court during his Action or corrected by whipping as aforesaid not exceeding forty stripes and pay the costs of the Court and party complaining or informing and of the Witnesses in the case And for all such as being under age of discretion that shall offend in Lying contrary to this Order Under age to be corrected by Parents their Parents or Masters shall give them due correction and that in the presence of some Officer if any Magistrate shall so appoint Provided alwayes that no person shall be barred of his just action of slander or otherwise by any proceeding upon this Order 1645. MAN-SLAVGHTER A man may kill in his own defence IT is Ordered by this Court and the Authority thereof That if any person in the just and necessary defence of his life or the life of any other shall kill any person attempting to Rob or Murther in the Field or High-way or to break into any dwelling house if he conceive he cannot with safety of his own person otherwise take the Felon or Assailant or bring him to Tryal he shall be holden blameless 1647. MARITIME AFFAIRES WHereas through the Blessing of God upon this Jurisdiction the Navigation and Maritime Affaires thereof is grown to be a considerable Interest the well management whereof is of great concernment to the publick Weal For the better Ordering the same for the future and that there may be known Laws and Rules for all sorts of persons imployed therein according to their several stations and capacities and that there may be one Rule for the guidance of all Courts in their proceedings in distributive Justice This Court doth Order and be it Ordered by the Authority thereof SECT I. That whereas there is many times differences between Owners of Ships Ketches Barques and other Vessels Minor part overs to bâ—â—â—â—â—ded by the major part in setting forth their several parts whereby damage doth accrue to the particular concernment of Owners and if not prevented may be a great obstruction of Trade where there are several Owners concerned as Owners in Ship Ketch Barque or other Vessel whatsoever used for Traffick Commerce Fishing Logge Board Wood or Stone Carriage upon Salt or Fresh-water all such Owners of lesser part shall be concluded for the setting forth of his part by the major part of the whole concerned such Owners so concluded having notice given them of the meeting for such conclusion if they be nigh hand and in case of any Owner refusing or by reason of neglect or absence or not able to provide for the setting forth his part the Master of such Ship or Vessel may take up upon the Bottome for the setting forth of the said part the which being defrayed the remainder of the income of such part to be paid by the Master to the said Owner SECT II. Owners refuâ—â—â—â— to signe Charâ—â—â— parts to make publick protest c. And in ease of Fraightment where any Owner shall refuse to assent to the letting out of Ship or Vessel where he is interessed such dissenter shall manifest it by some publick act of protest before the signing of charter party except the Master or the rest of the Owners or both conceal from him or them their actings then his or their protest after charter party signed by themselves or agents shall be taken for legal dissent yet not to hinder the proceed of the Ship or Vessel but that those so sending her
the hands of Parents for the disposing their Children in Marriage so that it is against Rule to seek to draw away the affections of young Maidens under pretence of purpose of Marriage before their Parents have given way and allowance in that respect And whereas it is a common practise in divers places for young men irregularly and disorderly to watch all advantages for their evil purposes to insinuate into the affections of young Maidens by comeing to them in places and seasâ—ns unknown to their Parents for such ends whereby much evil hath grown amongst us to the dishonour of God and damage of parties For prevention whereof for time to come It is further Ordered That whatsoever person from henceforth shall endeavour directly or indirectly No motion of Marriage to be made to any maid without consent of Parents to draw away the Affection of any Maid in this Jurisdiction under pretence of Marriage before he hath obtained liberty and allowance from her Parents or Governours or in absence of such of the nearest Magistrate he shall forfeit for the first offence five pounds for the second towards the party ten pounds Penalty 5.11 and be bound to forbare any further attempt and proceedings in that unlawful design without or against the allowance aforesaid And for the third offence upon information or complaint by such Parents or Governours to any Magistrate giving Bond to prosecute the party he shall be committed to prison and upon hearing and Conviction by the next Court shall be adjudged to continue in Prison until the Court of Assistants shall see cause to release him 1647. 4. Whereas divers persons both Men and Women living within this Jurisdiction whose Wives and Husbands are in England or else where by means whereof they live under great temptations here and some of them committing lewdness and filthiness here amongst us others make love to Women and attempt Marriage and some have attained it and some of them live under suspition of uncleanness and all to the great dishonour of God reproach of Religion Common-wealth and Churches It is therefore Ordered by this Court and Authority thereof for the prevention of all such future evils That all such married persons as aforesaid Married 〈◊〉 to go to 〈…〉 pain of 20 11. shall repair to their said Relations by the first oportunity of shipping upon the pain or penalty of twenty pounds except they can shew just cause to the contrary to the next County Court or Court of Assistants after they are Summoned by the Constable there to appear who are hereby required so to do upon pain of twenty shillings for every such default wittingly made Coâ—st to present such to Court Provided this Order do not extend to such as are come over to make way for their families or are in a transient way only for Trassick or Merchandize for some small time 1647. 5. As the Ordinance of Marriage is honourable amongst all so should it be accordingly solemnized It is therefore Ordered by this Court and Authority thereof That no person whatsoever in this Jurisdiction Who may solemnize Marriage shall joyn any persons together in Marriage but the Magistrate or such other as the General Court or Court of Assistants shall Authorize in such place where no Magistrate is near Nor shall any joyn themselves in Marriage but before some Magistrate or person Authorized as aforesaid Nor shall any Magistrate or other person Authorized as aforesaid joyne any persons together in Marriage Not before publication or suffer them to joyne together in Marriage in their presence before the parties to be Married have been published according to Law 1646. IN Answer to the Question Whether it be lawful for a Man that hath buried his first Wife to Marry with her that was his first Wires natural Sister The Court resolves it on the Negative 1679. MARSHAL IT is Ordered by this Court and Authority thereof That every Marshal shall diligently and faithfully Collect and Leavy all such fines and sums of Money L. 1. p. 38 57. of every person for which he shall have Warrant from the respective Treasures Marsâ— al to leavy all Fines or other Authority which he shall return to the said Treasurer with all convenient speed upon penalty of forfeiting two shillings out of his own Estate for every Pound not Collected or Returned as aforesaid or such fine as any Court shall impose upon him for his neglect 2. And every Marshal shall with all speed and faithfulness Leavy the Goods of every person for which he shall have Warrant To serve all Executions by virtue of any Execution granted and signed by the Secretary or other Clerk Authorized thereunto and the said Goods so Leavied shall with all convenient speed deliver to the Party or Attorney that obtained the Judgement and Execution or be liable to make full satisfaction to the party for all damage sustained by his neglect To return Execution to the Clerk And the said Marshal within two Months after the receipt of any such Execution make Return of the said Execution with what he hath done by virtue thereof under his hand to the Clerk that granted the same to be by him kept and Recorded and if the Execution be not fully satisfied the said Clerk shall at the request of the party grant Execution for the remainder And every Marshal neglecting to make return of Executions as aforesaid shall forfeit double to the damage any person concerned therein may sustain by such neglect 3. Further the said Marshals shall with like care and faithfulness L. 1. p. 58. serve all Attachments directed to them and return the same to the Courts to which they are returnable at the times of the returns thereof Marshal not to be Clerk and henceforth no Marshall shall be Clerk or Recorder of any Court 4. And it is hereby Ordered That the Marshals Fees shall be twelve pence in the pound to be paid by the respective Treasurers L. 2. p. 7. for all sines leavied by the said Marshals and returned to the said Treasurers and for serving Attachments within one mile one shilling three pence Marsh Fees to be paid by the party that imploys them and for serving Executions twelve pence in the pound for all sums not exceeding ten pounds and for all sums above ten pounds and not exceeding forty pounds sixpence in the pound more and for all sums above forty pounds and not exceeding one hundred pounds three pence in the pound more and one penny in the pound more for all sums above one hundred pounds out of the Estate of the person the Execution is served upon over and above for the execution And in all cases where the aforesaid Fees for Leavying Executions or Fines will not answer the Marshals travail and other necessary charges the Marshal or other Officer imployed shall have power to demand six pence per mile and upon refusal to Leavy the same together with
Officers of companies and no other shall have liberty to give his Vote for the Nomination of Military Officers of that Town or Company where he dwells To be allowed by the County Courts Provided they be Freemen and all persons so Nominated shall be presented to the Court of that County to be allowed and confirmed in their respective Offices unless the said Court shall see cause to the contrary and no person shall be acknowledged or accepted as an Officer of any Company without the allowance and approbation of the County Court first had and obtained 4. And in every Town where there is sixty four Souldiers liable to attend constant Training besides the Officers A. 53. p. 13. such number of Souldiers shall be accounted a Foot Company 64 Soldiers to be a Company and have liberty of Nomination of all the Officers of a Foot Company and shall have two Drums And in smaller Towns where there shall be a less number then sixty four as aforesaid they shall have liberty of Nomination of Serjeants and other inferiour Officers only to teach and instruct them in the exercise of Arms. And the Major of the Regiment shall have power to Order and Regulate the smaller Towns and to joyn them into one compleat Company as occasion may require which shall have liberty of choice of all Officers as aforesaid And every Captain Lieutenant and Ensâ—gn shall have Commission from the General Court Capt. Lieu. Ensi to have commis for the holding of their places and exercise of their duties 5. The said Military Officers of every Company shall take care that their Souldiers be well and compleatly Armed and shall appoint what Arms every Souldier shall serve with Capt. to appoint the Sould. Arms Provided two thirds of each Company be Musquetiers and those which serve with Pikes have Corslets and Head-peices To exercise 6 dayes yearly And they shall exercise their Souldiers Six dayes every year when the Captain or chief Officer shall appoint by giving publick warning thereof three or four dayes before the day of Exercise Provided that so many dayes as shall be expended by Order of the Major of the Regiment in the Exercise of the Regiment and in marching to and from the place of Exercise shall be accounted as part of their six dayes 6. Also the three chief Officers of each Company shall have power to punish such Souldiers as shall commit any disorder or contempt upon any day or time of Military Exercise 3 chief Offic. to punish disorders of Souldiers or upon any Watch or Ward by Stocks Bilboes or any other usual Military punishment or by fine not exceeding twenty shillings or may commit such Offender to the Constable to be carried before some Magistrate who may binde him over to the next Court of that Shire if the cause so require or commit him to Prison 7. Every Foot Souldier shall be compleatly Armed and Furnished the Pike-man with a good Pike well headed Corslet Head-peice Sword and Snapsack Souldiers how to be armed the Musquetiers with a good fixed Musquet not under Bastard Musquet Bore nor under three foot nine inches in length nor above four foot three inches long with a Priming wire Worm Scourer and Mould sitted to the Bore of his Musquet also with a good Sword Rest Bandeliers one pound of Powder twenty Bullets Souldiers have to be Armed and two fathom of Match upon the penalty of ten shillings for every defect And all other Inhabitants of this Jurisdiction on penal of 10.3 except Magistrates and Elders of Churches the President Fellows and Students of Harvard Colledge shall alwayes be provided of Arms and furnished as aforesaid and other inhabitants under the penalty aforesaid 8. And if any person cannot procure Arms or Amunition with such means as he hath Wanting Arms to carry â—ay to Clerk to prâ—vâ—de if he shall bring to the Clerk so much Corn as by apprizement of the said Clerk and two other indifferent men whereof one to be chosen by the party shall be adjudged of greater value by a fifth part then such Arms or Amunition is of he shall be excused of the penalty for want of Arms until he be provided And the Clerk shall endeavour to furnish him so soon as may be by sale of such Goods so disposited rending the party the overplus Poor how to be furnished with Arms But if any person shall not be able to provide himself Arms and Amunition through meer poverty if he be single he shall be put to service by some Magistrate or the Constable shall provide him Arms and Amunition and shall appoint him when and with whom to earn it out 9. Every person above the age of sixteen years shall duely attend all Military Exercise and Service as Training Watching Warding A. 52. p. 13. under the penalty of five shillings for every fault except Magistrates Deputies and Officers of Court Elders and Deacons the President Fellows Persons exempt from T'taining Students and Officers of Harvard Colledge and professed School-masters Physitians and Chyrurgeons allowed by two Magistrates Treasurers Surveyor General Publick Notary Masters of Ships and other Vessels above twenty Tuns Fishermen constantly imployed at all fishing seasons constant Herdsmen and such other as for bodily infirmity or other just cause shall by any County Court A. 56. p. 12. or Court of Assistants after notice of the parties desire to the chief Officer of the Company to which he belongs be discharged also one servant of every Magistrate and Teaching Elder and the Sons and Servants of the Major General for the time being also such as dwell at remote Farms or have a Ferry to pass shall be exempt from Watching in the Town but shall Watch and Ward as their chief Officer shall direct otherwise and all Farms distant above four miles from the place of exercising the Company or have a Ferry to pass over A. 53. that have above twenty Acres of Land in Tillage and twenty Head of great Cattle upon such Farm shall upon reasonable allowance to the Company have one man exempted from ordinary Trainings Clerk of the Band 10. And it is Ordered That in every Town or Company there shall be chosen as other Military Officers are chosen a discreet able man to be Clerk of the Band and if any shall refuse to accept the place or to take his Oath he shall pay to the use of the Company forty shillings and the Company shall chuse another and all that refuse the place or Oath as aforesaid To call Roll aâ—â—eâ—d on training dayes shall pay forty shillings a piece till one doth accept the place and he that doth hold the place shall have a fourth part of the fines for his labour And the Clerk shall upon every Training day twice once in the forenoon as also in the afternoon at such time as the Captain or chief Officer then in the field shall appoint
is presented upon lawful tryal and conviction shall adjudge 1635. PAYMENTS IT is by this Court Ordered and Declared A. 54. p. 4. That all Contracts and Engagements for Money Corn Chattel or Fish shall be satisfied in kinde according to Covenant or in default of the very kinde contracted for in one of the said kindes Provided that in such cases where payment in kinde is not made according to Covenant all just damages shall be satisfied together with the Debt for not paying in kinde according to bargain And in no case shall any Creditor be forced to take any other Commodities for satisfaction of his debt unless it be according to his Contract but it shall be lawful for such Creditor to imprison the party till he make satisfaction according to Covenant Dâ—bâ— to be 〈◊〉 the kinde contract or to take upon Execution such Goods Houses or Lands as shall be to his satisfaction any Law Custome or Usage to the contrary notwithstanding 1654. VVHereas the Law tit Payments pag. 63. doth make Corn Cattle and Fish equal with Money and to be paid as Money when Money is intended for which at that time when the Law was made was as good as Money but now is otherwise and proveth prejudicial and injurious as experience sheweth upon several accounts ther fore as an Addition to and explanation of that Law All contracts agreements to be made â—oâ—â— by payment in specie contracted for c. This Court doth Order and Enact That henceforth all Contracts Agreements Engagements or Covenants for any specie whatsoever shall be paid in the same specie Bargained for Any Law Usage or Custome to the contrary notwithstanding 1670. PETITIONS IT is hereby Ordered That all Petitions to the General Court L. 2. p. 13. which are of a common and ordinary nature the Petitioner shall pay on the delivery thereof to the Secretary or Clerk two shillings six pence for each Petitions And all Petitions for abatements of fines mittigation of penalties c. shall pay unto the Clerk or Secretary as aforesaid ten shillings Payment for entring Petitions in the General Court And all Petitions for Gratuities or that concern Controversies between party and party Town and Town shall pay ten shillings And all Petitions for Debts or other controversies between party and party brought from Inferiour Courts shall pay ten shillings besides the charges of the Court during the trial of such cause And henceforth no Petition whatsoever shall be received into the General Court after the first four dayes of the Court of Election A. 54. p. 1. nor after the first week of any other Session Nevertheless It is hereby Ordered That all such Petitions that concern any engagement of the Country to any person are hereby exempted Time of Entry And that any Magistrate or Deputy of the Court may present any Petition wherein his own personal right is concerned without payment and that there shall be a true Entry made by the Secretary of the number of Petitions that shall be delivered to the Magistrates petitions exempt from payments and the like account shall be kept by the Clerk of the Deputies Secretary and Clerk to secure the pay of all Petitions received by the Deputies and all such fees as are produced by such Petitions shall be received or secured by the Secretary or Clerk and discounted in part of their Annual allowance 1648 54. PIPES-STAVES VVHereas information hath come to this Court from forraign parts of the insufficiency of our Pipe-staves especially in regard of worm-holes whereby the Commodity is like to be prohibited in those parts to the great damage of the Country It is therefore Ordered by this Court and the Authority thereof That the Select men of Boston Charlstown Salem Dover Portsmouth Kitterie and all other Towns in this Jurisdiction Searchers of Pipe staves where Pipe-staves use to be shipped shall forthwith and so from time to time as need shall require nominate two men of each Town skilful in the Commodity and such as can attend the service to be viewers of Pipe staves who so chosen shall by the Constable be convented before some Magistrate Sworn to be sworn diligently and faithfully to view and search all such Pipe-staves as are to be transported to any parts of Spain Portugal or within either of their Dominions or elsewhere to be used for making of tight Cask who shall cast by all such as they shall judge not Merchantable both in respect of worm-holes and due Assize viz. that are not in lergth four feet and half in breadth three Inches and half without sap Assize of Pipe-staves in thickness three quarters of an inch and not more or less then an eighth part of an inch then three quarters thick well and even hewed and sufficient for use And they or some one of them shall at all times upon request give attendance and they shall enter into a Book the number of all such Merchantable Pipe-staves as they shall approve and for whom Pipe-staves shipt unsearched to be forfeit And if any Man shall put aboard any Ship or other Vessel any Pipe-staves other then shall be so searched and approved to the end to be transported to any part of Spain or Portugal except they should be shipped for dry Cask Searchers allowed he shall forfeit the same whole parcel or the value thereof and the said Viewers shall be allowed two shillings for every thousand of Pipe-staves which they shall so search as well the Refuse as the Merchantable to be paid by him that sets them on work Masters of ships receiving unsearcht staves forfeit 5 li. And if any Master or other Officer of any Ship or other Vessel shall receive into such Ship or Vessel and parcel of Pipe-staves to be transported into any of the said Dominions which shall not be searched and allowed as Merchantable and so certified by a note under the hand of one of the said Viewers such Master shall forfeit for every thousand of Pipe-staves so unduely received five pounds except he can procure one of the said Viewers to come aboard and search such Staves as they shall be delivered into the Ship Dry Cask staves Provided Cast or Refuse Staves or other Red Oak Staves may be transportâ—d into those parts which may be of good use for Dry Cask so as the same be carried in distinct parcels and not intermixt with Merchantable Staves 1646. POOR IT is Ordered by this Court and the Authority thereof That any Shire Court or any two Magistrates out of Court shall have power to determine all Differences about lawful settling and providing for poor persons and shall have power to dispose of all unsettled persons into such Towns as they shall judge to be most fit for the maintenance and imployment of such Persons and Families for the case of this Country 1639. And for the avoiding of all future inconveniences referring to the settling
Country Rate Any Custome or Usage to the contrary notwithstanding 1662. TRYALS No cause to be first brought to the Gen. Court IT is Ordered That all causes between Party and party shall first be tryed in some Inferiour Court and that if the party against whom the Judgement shall pass shall have any new Evidence or other new matter to plead he may desire a new Tryal in the same Court upon a Bill of Review And if Justice shall not be done him upon that Tryal he may then come to this Court for Relief 1642. 2. It is Ordered and by this Court Declared That in all Actions of Law it shall be the liberty of the Plaintiffe and Defendant by mutual consent to choose whether they will be tryed by the Bench Liberty for Trials by Bench or Jury or by the Bench and Jury unless it be where the Law upon just reason hath otherwise determined the like liberty shall be granted to all persons in any Criminal case 3. Also it shall be in the liberty of both Plaintiffe and Defendant and likewise of every Delinquent to be judged by a Jury Liberty to challenge to challenge any of the Jurors and if the challenge be found just and reasonable by the Bench or the rest of the Jury as the challenger shall choose it shall be allowed him and tales de circumstantibus Impannelled in their room 4. Also Children Ideots Distracted persons and all that are Stangers or new comers to our Plantation shall have such allowances and dispensations in any case whether Criminal or others as Religion and Reason require 1641. VAGABONDS THis Court being sensible of the increase of Prophaness and Irreligiousness by reason of the Vagrant and Vagabond life of sundry persons as well Inhabitants as Forraigners that wander from their Families Relations and Dwelling places from Town to Town thereby drawing away Children Servants and other persons both younger and elder from their lawful Callings and Imployments and hardning the hearts of one another against all Subjection to the Rules of Gods Holy Word and the Established Laws of this Colony All which to prevent This Court doth hereby Order and Enact That all such persons where ever they may be found in any place of this Jurisdiction Vagabonds and wandring persons be Apprehended by the Constable of the said place with or without further Warrant and and brought before the next Magistrate who if upon Examination shall finde them to be such as do not give a good and satisfactory account of such their Wandring up and down they shall proceed with and against them as Rogues and Vagabonds and cause them to be corporally punished and sent from Constable to Constable until they come to the place of their abode Or in case they will not confess where their abode is within this Colony nor yet voluntarily depart out of the same then to be sent to the House of Correction there to remain until the next Court of that County 1662. VOTES IT is Ordered and by this Court Declared That all and every Freeman and others Authorized by Law called to give any Advice Vote Verdict or Sentence in any Court Council or Civil Assembly Liberty of Voting shall have freedome to do it according to their true Judgement and Conscience so it be done orderly and in-offensively for the manner and that in all cases wherein any Freeman or other is to give his Vote be it in point of Election making Constitutions and Orders or to be silent or passing Sentence in any case of Judicature or the like if he cannot see Light or Reason to give it positively one way or other he shall have liberty to be silent and not pressed to a determinate Vote which yet shall be Interpreted and Accounted as if he Voted for the Negative Neuters accounted on the â—egative And further that whensoever any thing is to be put to a Vote and Sentence to be Pronounced or any other matter to be Proposed or Read in any Court or Assembly if the President or Moderator shall refuse to perform it the major part of the Members of that Court or Assembly shall have power to appoint any other meet person to do it and if there be just cause to punish him that should and would not 1651. VSVRY IT is Ordered Decreed and by this Court Declared That no man shall be adjudged for the meer forbearance of any Debt above eight pound in the hundred for one year and not above the Rate proportionably for all sums whatsoever Bills of Exchange excepted neither shall this be a colour or countenance to allow any Usury amongst us contrary to the Law of God 1641 43. WAMPAMPEAG IT is Ordered That Wampampeag shall pass currant in the payment of Debts to the payment of forty shillings the white at eight a penny the black at four Replealed 1661. so as they be entire without breaches or deforming spots except in payment of Country Rates to the Treasurer which no Town or person may do nor he accept thereof from time to time 1643 48 49 50. WATCHING FOr the better keeping of Watches by the Constable in the time of peace It is Ordered by this Court and the Authority thereof A. 52. p. 12. That all Constables Watches in every Town of this Jurisdiction shall begin the first of May and continue till the end of September upon the penalty of five pounds to be leavied on every Constable neglecting the same Constable to set the Watch And it shall be the care of the Constable to see that the Watch be so warned that it may not consist of all or the greater part Youths but that able men be joyned with them that the Watch may be a sufficient Watch unless the Select-men of that Town who have hereby power shall otherwise Order and Dispose the said Watches both respecting time place A. 57. p. 25. number and quality of persons as to them shall seem most meet And all Inhabitants of this Jurisdiction except such as are by Law exempted shall according as they are warned to serve the Country in the Constables Watches Select-men to order Watches duely and strictly observe the charge given them by the Constables And the Constables in every Town from time to time are hereby enjoyned to give in their charge to Watch-men that they duely examine all Night-walkers after ten of the clock at night unless they be known peaceable Inhabitants to inquire whether they are going Constables charg to the Watch and what their business is and in case they give not reasonable satisfaction to the Watch-men or Constable Night-walkers to be secured then the Constable shall forthwith secure them till the morning and shall carry such person or persons before the next Magistrate or Commissioner to give satisfaction for their being abroad at that time of night And if the Watch-men shall finde any Inhabitant or Stranger after ten of the clock at night behaving
Straw and all such Combustable Goods by the Load six pence for Stones by the Tun a penny for Cotton VVool by the Bag two pence for Sugar by the Chest three pence Provided that VVharfage be taken only where the VVharfs are made and maintained and that VVood Stone and weighty Goods shall be set up an end or laid seaven foot from the side of the VVharf upon penalty of double VVharfage and so for other Goods and that no Goods lye on the Wharf above forty eight hours without further agreement with the VVharfinger And that it shall be lawful for the VVharfinger to take according to these Rates out of the Goods that are Landed except they be satisfied otherwise 2. And it is further Ordered That none shall cast an Anker Graplin or Killack within or neer the Cove at Boston Casting Ankâ—r in the cove penalty where it may indanger any other Vessels upon penalty of ten shillings half to the Country half to the VVharfinger besides paying all Damages 3 And that it shall not be lawful for any person to cast any Dung Draught Dirt or any thing to fill up the Cove Casting in dung penalty 40 ss or to annoy the Neighbours upon penalty of forty shillings the one half to the Country the other half to the Wharfinger 1647. WILLS VVHereas it is found by experience that some men dying having made their VVills for the disposing of their Estates that the said VVills are concealed and not Proved and Recorded L. 2. p. 16. and some others dying Intestate no Administration is sought for nor granted in any legal way and yet the VVives Children Kindred or some friends of the Deceased or some others do enter upon the Lands and possess themselves of the Goods of the said Deceased and the same are many times sold or wasted before the Creditors to whom the Deceased was indebted knew of whom to Demand or how to recover their just Debts For prevention of such unjust and fraudulent dealings It is Ordered by this Court and the Authority thereof That if any Executor Nominated in any Will and knowing thereof shall not at the next Court of the County which shall be above thirty dayes after the decease of the party make Probate of any VVill of any deceased party Will to be proved next Court or shall not cause the same to be Recorded by the Recorder or Clerk of that County Court where the deceased party last dwelt or if any person whatsoever shall not within the same time take Administration of all such Goods as he hath or shall enter upon of any Party deceased or if any person or persons shall Alienate or Imbezel any Lands or Goods Entring the estate without Administration obtained before they have Proved and Recorded the Will of the Deceased or taken Administration and brought in a true Inventory of all the known Lands Goods and Debts of the deceased every such person so Administring or Executing Liable to pay all Debts shall be Liable to be Sued and shall be bound to pay all such Debts respectively as the deceased party owed Five pound per month so 〈◊〉 proving Wills whether the estate of the deceased were sufficient for the same or not and shall also forfeit to the Country so many summs of five pounds as shall be Months betwixt the next Court of that County after the death of the party as aforesaid and the proving of such VVill and Recording it or the taking of such Administration If Executor Renounce the Clerk to give notice to Court And if any person shall Renounce his Executorship or that none of the friends or kindred of the deceased party that shall dy intestate shall seek for Administration of such persons estate then the Clerke of the writts of such Town where any such person shall dy shall within one Month after his decease give notice to the Court of that County to which such Town doth belong of such Renouncing of Executorship or not seeking of Administration that so the Court may take such Order therein as they shall think meet Or forfeit 40 ss who shall also allow such Clerke due recompence for his paines and if any such Clerke shall faile herein he shall forfeit forty shillings to the Treasury for every months default 1649. 2. And because many Merchants Seamen and other Strangers resorting resorting hither oftentimes A. 52. P. 15 Dying and leaving their Estates undisposed of and very difficult to be preserved in the interim from one County Court to another It is therefore Ordered that it shall and may be Lawfull for any two Magistrates with the Recorder or Clerk of the County Court Meeting together to allow of any Will of any decased party to the Executors or other persons in the VVill mentioned Two Magistrates to take probate of Wills so as the VVill be testified on the Oath of two or more VVitnesses and also to Graunt Administration to the Estate of any person dying intestate within the said County to the next of Kin To graunt Administration or to such as shall be able to secure the same for the next of Kin and the Recorder or Clerk of the Court shall enforme the rest of the Magistrates of the County at the next County Court of such VVill proved or Administration Graunted and shall Record the same 1652. 3. And it is Ordered L. 1. P. 53. L. 2 P. 6. that when the Husband or Parents dy intestate the County Court of that Jurisdiction where the party had his last Residence shall have Power to assign to the widdow such a part of his estate as they shall judge just and equal County Court to divide the estate undisposed as also to divide and assigne to the Children or other Heires their several parts and portions out of the said estate Eldest Son a double portion Provided the Eldest Son shall have a double Portion and where there are no Sons the Daughters shall inherit as Copartners unless the Court upon Court upon just Cause alledged shall otherwise determine 1641 49. VVITNESSES IT is Ordered Decreed and by this Court Declared that no man shall be put to Death without the Testimony of two or three Witnesses or that which is equivalent thereunto 1641. Testimonies taken before one Magistrate 2. And it is Ordered by this Court and the Authority thereof That any one Magistrate or Commissioner Authorized thereunto by the General Court may take the Testimony of any person of fourteen yeares of age or above of sound understanding and reputation in any Case Civill or Criminal and shall keep the same in his own hands till the Court or deliver it to the Recorder Witnesses to appear personally living within ten miles publick Notary or Clerk of the writts to be Recorded that so nothing may be altered in it Provided that where any such witness shall have his abode within ten miles of the Court and there living and
and Releived and their Goods preserved in safety till Authority may be Certified and shall take further Order therein Also any Whale or such like great Fish cast upon any shore shal be be safely kept or improved where it cannot be kept by the Towne or other Proprietor of the I and till the General Court shall take Order for the same 1641 1647. WRITS IT is Ordered by this Court and the Authority thereof That henceforth all Writts Process and Indictments shall by all Magistrates the Secretary Clerks of the several Courts and Writts be made and sent forth in his Majesties Name i. e. You are hereby Required in his Majesties Name 1662. FINIS PRESIDENTS FORMES of things frequently Vsed TO I. B Carpenter of D. You are Required in His Majesties Name to appear at the next Court Summons holden at B. on the day of the month next ensuing to answer the complaint of N. C. for with holding a debt of due upon a Bord or Bill or for two Hebers c. sold you by him or for work or for a Trespass done him in his Corn or Hay by your Cattle or for a Slander you have done him in his name or for Striking him or the like And 〈◊〉 of you are not to sayle at your Peril Dated the day of the Month. 1641. TO the Marshall or Constable of B. or their Deputy Attachments You are Required in His Majesties Name to Attach the Goods or for want therof the Body of W. F. and to take Bond of him to the value of with sufficent Surety or Suretyes for his Appearance at the next Court holden at S. on the day of the Month then and there to answer the Complaint of T. M. for c. as before And so make a true Return thereof under you hand Dated the day c. By the Court R. F. Bond for Appearance KNow all men by these presents that we A. B. of D. Yeoman and C. C. of the same Carpenter do bind our selves our Heires and Executors to R. F. Marshall or M. O. Constable of D. aforesaid in Pounds upon condition that the said A. B. shall personally appear at the next Court at S. to answer L. M. in an Action of And to abide the Order of the Court therein and not to depart without Licence TO the Marshall or Constable of _____ You are Required in His Majesties Name Replevin to Replevie three heisers of T. P. now distreined or impounded by A. B and to deliver them to the said T. P. Provided he give Bond to the Value of _____ with sufficient Surety or Suretyes to prosecute his Replivin at the next Court holden at B. and so from Court to Court till the Cause be ended and to pay such Costs and Damages as the said A. B. shall by Law Recover against him And so make a true return thereof under your hand Dated c. By the Court R. F VVHeras upon serious Consideration We have concluded a Confederacie with the English Celonies of Neu-Plâ—mouth and Conâ—â—â—uct as the Bond of Nature Reason Religion and Respect to our Nation doth Require Commissioners for the Vnited Colonies We have this Court Chosen our Trustie and well beloved Friends S. B. and T. D. for this Colonie for a full and compleat Year as any Occasions and Exigents may Require and particlarly for the next meeting at P. And do Invest them with full Power and Authority to Treat and Conclude of all things Their Power according to the true Tenour and Meaning of the Articles of Confederation of the United Colinies Concluded by the General Court held at Boston the fifteenth of May. 1672 VVHereas I A. B. am an Inhabitant within this Jurisdiction Considering how I stand Obliged to the Kings Majesty his Heires and Successors by our Charter and the Government Established thereby Do Swear accordingly by the great and dreadfull Name of the Ever-Living God Oath of Fidelitie that I will bear Faith and true Allegiance to our Soveraign Lord the King his Heires and Successors and that I will be True and Faithfull to this Government and accordingly yeild Assistance thereunto with my person and estate as in equity I am bound And will also truely endeavour to Maintain and Preserve all the Liberties and Priviledges thereof Submiting my self unto the wholesom Laws made and established by the same And farther that I will not Piot or practice any evil against it or consent to any that shall so do but will timely discover and reveal the same to Lawfull Authority now here established for the speedy preventing thereof So help me God in our Lord Jesus Christ VVHereas I A. B. being an Inhabitant of the Jurisdiction of the Massachusets and now to be made free Do hereby acknowledge my selfe to be subject to the Government thereof Considering how I stand obliged to the Kings Majesty his Heires and Successors by our Charter and the Government established thereby Freemans Oaoh Do Swear accordingly by the Great and Dreadfull Name of the Ever-Living GOD thar I will bear Faith and true Alegiance to our Soveraigne Lord the King his heires and Successors and that I will be True and Faithfull to the same and will accordingly yeild Assistance and Support thereunto with my person and estate as in equity I am bound And will also truely endeavour to maintain and preserve all the Liberties and priviledges thereof submitting my selfe to the wolesome Laws made and established by the same And farther that I will not Plot nor Practice any Evill against it or consent to any that shall so do but will timely discover and reveal the same to Lawfull Authority now here established for the speedy prevention thereof Moreover I do Solemnly bind my selfe in the sight of God that when I shall be called to give my Voyce touching any such matter of this State wherin Freemen are to deal I will give my Vote and Suffrage as I shall in mine own Conscience judge best to Conduce and tend to the Publick Weale of the body without respect of persons or favour of any man So help me God in our Lord Jesus Christ VVHereas you R. B. Esq are Chosen to the place of Governour over this Jurisdiction of the Massachusets for this year Governourâ— Oath and till a new be Cosen and Sworn Considering how you stand Obliged to the Kings Majesty his Heires and Succossours by our Charter and the Government established thereby Do Swear accordingly by the Great and dreadfull Name of the Ever-Living God that you will bear Faith and true Allegiance to our Soveraigne Lord the King his Heirs and Successors that you will in all things concerning your place according to your best power and skill Carry and Demean your self for the said time of your Government according to the Lawes of God and for the Advancement of his Gospel the Laws of this Land and the good of the people of this Jurisdiction You shall do Justice to all
men without partiallity as much as in you lyeth you shall not exceed the Limitations of a Governour in your place So help you God in our Lord Jesus Christ Deputy Governours Oath VVHereas you J. L. are Chosen to the place of the Deputy Governour c. as in the Governours Oath mutatis mutandis VVHereas you S. B. are Chosen to the place of Assistant over this Jurisdiction of the Massachusets for this year and untill new be chosen and Sworn Considering how you stand Obliged to the Kings Majesty his Heirs and Successors by our Charter and the Government established thereby Do Swear accordingly by the Great and dreadfull Name of the Ever-Living God Assistants Oath That you will bear Faith and true Allegiance to our Soveraigne Lord the King his Heirs and Successours That you will truely endeavour according to your best skill to carry and demean you selfe in your place for the said time according to the Laws of God and of this Land for the Advancement of the Gospel and the good of the People of this Jurisdiction You shall Dispense Justice equally and impartially according to your best skill in all Cases wherein you shall Act by Virue of your place You shall not wittingly and willingly exceed the Limitations of your place And all this to be understood during your aboad in this Jurisdiction So help you God in our Lord Jesus Christ Major Generals Oath VVHereas you J. L. have been Chosen to the Office of a Sergeant Major General of all the Military Forces of this Jurisdiction for this present year Considering how you stand Obliged to the Kings Majesty his Heirâ—s and Successors by our Charter and the Government established thereby Do Swear accordingly by the Great and dreadfull Name of the Ever Living God That you will bear Faith and true Allegiance to our Soveraigne Lord the King his Heires and Successours And that by your best skill and ability you will Faithfully discharge the Trust committed to you according to the Tenour and Purport of the Commission given you by this Court. So help you God c. VVHereas you R. R. are Chosen Treasurer for the Jurisdiction of the Massachusets for this year and until a new be Chosen Do promise to give out Warrants with all convenient diligence for collecting all such sums of Money as by any Court Treasurers Oath or otherwise have been or shall be appointed and to pay out the same by such sums and in such manner as you shall be lawfully appointed by this Court if you shall have it in your hands of the common Treasury And to return the names of such Constables as shall be failing in their office in not collecting and bringing in to you such sums as you shall give Warrant for And tender a true Accompt of all things concerning your said Office when by the General Court you shall be called thereto So help you God in our Lord Jesus Christ Secretaries Oath VVHereas you E. R. are chosen Secretary for the year ensuing You do here Swear by the Everliving God that you will in all things faithfully demean your self in the said Office That you will truely and uprightly according to your best skill and Wisdome frame all Acts and Instruments of publick concernment referring to your Office duely observing such Directions as shall from time to time be given unto you by the General Court or Council of this Common-weal and fairly Record and safely keep the same That you will not disclose the consultations of the General Court where at any time you shall have express charge of secresie nor of the Council where at any time you shall have like charge of secresie That you will without delay impart to the Governour or Deputy Governour what ever Letter or Information shall come to your hand referring to your Office and of publick Concernment to the Common-weal General Court or Council and that you will not wittingly or willingly exceed the limits of your place So help c. Publick Notaries Oath YOU W. A. here Swear by the Name of the Everliving God That in the Office of a Publick Notary to which you have been chosen You shall Demean your self diligently and faithfully according to the duty of your Office and in all Writings Instruments and Articles that you are to give Testimony unto when you shall be required you shall perform the same truely and sincerely according to the nature thereof without delay or Covin And you shall enter and keep a true Register of all such things as belong to your Office So help you c. Marshals Oath YOU E. M. shall diligently faithfully and with what speed you may collect and gather up all such fines and sums of money in such Goods as you can finde of every person for which you shall have Warrant so to do by the Treasurer for the time being And with like faithfulness speed and diligence leavie the Goods of every person for which you shall have Warrant so to do by virtue of any Execution granted by the Secretary or other Clerk Authorized thereunto for the time being And the same Goods so Collected or Leavied you shall with all convenient speed deliver in to the Treasurer or the persons to whom the same shall belong And you shall with like care and faithfulness ferve all Attachments directed to you which shall come to your hands and return the same to the Court where they are returnable at the times of the return thereof And you shall perform do and execute all such lawful Commands Directions and Warrants as by lawful Authority here established shall be committed to your care and charge according to your Office All these things in the presence of the living God you binde your self unto by this your Oath to perform during all the time you continue in your Office without favour fear or partiality of any person And if you meet with any case of difficulty which you cannot resolve by your self you may suspend till you may have Advice from Authority So help c. FOrasmuch as every Magistrate Associate Commissioners for small Causes c are under an Oath of God and that no provision hath been made for such as are invested with Magistratical power by this Court It is Ordered That every man to whom such power is derived shall henceforth take the Oath here under written before some County Court or Magistrate before he Exert his Authority therein Commissioners Oath VVHereas you A. B. Appointed and Commissionated to Act and Do in sundry respects as any one Magistrate may do as expressed in your Commission You do here Swear by the Great and Dreadful Name of the Everliving God that you will faithfully Demean your self therein with out favour or affection to any to the best of your knowledge according to the Laws here established So help you God c. Associates Oath YOU M. N. being chosen Associate for the Court for this year and till
new be chosen or other Order taken Do here Swear that you will do equal Right and Justice in all Cases that shall come before you after your best skill and knowledge according to the Laws here established So help you God c. VVHeresoever any Three Men are deputed to end Small Causes the Constable of the place within one Moneth after shall return their Names to the next Magistrate who shall give Summons for them forthwith to appear before them who shall administer to them this Oath YOU A. B. being chosen and appointed to end small Causes not exceeding forty shillings value Three mens Oath according to the Laws of this Jurisdiction for this year ensueing Do here Swear by the living God that without favour or affection according to your best light you will true Judgement give and make in all the Causes that come before you So help you God c. Grand-â—pnies Oath YOU Swear by the Living God that you will diligently inquire and faithfully Present to this Court whatsoever you know to be a breach of any Law established in this Jurisdiction according to the minde of God And whatsoever Criminal Offences you apprehend fit to be here presented unless some necessary and Religious tye of Conscience truely grounded upon the Word of God binde you to secresie And whatsoever shall be legally committed by this Court to your Judgement you will return a true and just Verdict therein according to the Evidence given you and the Laws Established amongst us So help you God c. YOU Swear by the Living God that in the Cause or Causes now legally to be committed to you by this Court Petty-Juries Oath You will true Tryal make and just Verdict give therein according to the Evidence given you and the Laws of this Jurisdiction So help you God c. Oath of Life and Death YOU Do Swear by the Great Name of Almighty God that you will well and truely try and true deliverance make of such Prisoners at the Bar as you shall have in charge according to your Evidence So help you God c. Wiltnesses Oath YOU Swear by the Living God that the Evidence you shall give to this Court concerning the Cause now in question shall be the Truth the whole Truth and nothing but the Truth So help you God c. Vntimely Death YOU Swear by the Living God that you will truely present the Cause and manner of the Death of J. B. according to Evidence or the light of your Knowledge and Conscience So help you God c. The Form of the Oath to be Administred to the Sergeant-Majors of the several Regiments and so Mutatis Mutandis to the other Military Officers Sergeant Major other chief Officers Oath VVHereas you R. S. have been chosen to the Office of Sergeant Major of the Regiment in the County of M. for this present year and until another be chosen in your place You do here Swear by the Living God that by your best skil and ability you will faithfully discharge the trust committed to you according to such Commands and Directions as you shall from time to time upon all occasions receive from the Sergeant Major General by virtue of his Commission from the Court and according to the Laws and Orders by this Court Made and Established in this behalf So help you God c. Clerk of the Bands Oath YOU R. B. Swear truely to perform the Office of a Clerk of a Trained Band to the utmost of your Ability or Endeavours according to the particulars specified and peculiar to your Office in the Military Laws So help you God c. YOU shall faithfully Endeavour with all good Conscience to Discharge this trust committed to you Commissioners of the Martial Diâ—cipline Oath as you shall apprehend to Conduce most to the safety of this Common Wealth You shall not by any sinistre devices or for any partial respects or private ends do any thing to the hindrance of the effects of any good and seasonable Councils You shall appoint or remove no Officer by any partiality or for personal respects or other prejudice but according to the merit of the person in your apprehensions You shall faithfully endeavour to see that Martial Discipline may be strictly upholden not easing or burthening any otherwise then you shall judge to be just and equal You shall use your power over mens lives as the last and only means which in your best apprehentions shall be most for the publick safety in such case So help you God c. WHereas you E. G. are chosen Constable within the Town of C. for one year now following and until other be sworn in the place You do here Swear by the Name of Almighty God Constables Oath that you will carefully intend the preservation of the Peace the discovery and preventing all attempts against the same You shall duely execute all Warrants which shall be sent unto you from lawful Authority here Established and shall faithfully execute all such Orders of Court as are committed to your care And in all these things you shall deal seriously and faithfully while you shall be in Office without any sinistre respects of favour or displeasure So help you God c. VVHereas you J. G. are chosen an Officer for the Searching and Sealing of Leather within the Town where you now dwell Leather sealers Oath for the space of a year and till another be chosen and sworn in your room You do here Swear by the Everliving God that you will carefully and duely attend the Execution of your said Office with all faithfulness for the good of the Common-wealth according to the true intent of the Laws in such case provided So help you God c. Clerk of Markets Oath YOU C. D. here Swear by the Ever living God that you will from time to time faithfully execute your Office of Clerk of the Market in the Limits whereto you are appointed for the ensueing Year and till another be chosen and sworn in your place And that you will do therein impartially according to the Laws here established in all things to which your Office hath relation So help you God c. YOU S. S. do here Swear by the Ever living God that you will to your power faithfully execute the Office of a Searcher for this year ensueing Searchers Oath and till another be chosen and sworn in your place concerning all Goods prohibited and in special for Gun powder Shot Lead and Amunition and that you will diligently search all Vessels Carriâ—ges and Persons that you shall know suspect or be informed are about to transport or carry any thing out of this Jurisdiction contrary to Law And that you will impartially seize take and keep the same in your own Custody one half part whereof shall be for your service in the said place the other you shall forthwith deliver to the Treasurer All which Goods so
seized and disposed you shall certifie under your hand to the Auditor General within one moneth from time to time So help you God c. Apprizers Oath WHereas you T. D. are chosen Apprizer of such Land or Goods as are now to be presented to you You do here Swear by the living God that all partiality prejudice and other sinistre respects laid aside you shall Apprize the same and every part thereof according to the true and just value thereof at this present by common account by your best judgement and conscience So help you God c. WHereas you J. B. are chosen Viewer of Pipe-staves within the Town of B. You do here Swear by the Ever living God that at all convenient times while you shall be in place Viewers of Pipe-staves Oath when you shall be required to execute your Office you shall diligently attend the same and shall faithfully without any sinistre respects Try and Sort all Pipe-staves presented to you and to make a true Entry thereof according to Law So help you God c. WHereas you A. B. are chosen Customer for the year ensueing You do here Swear by the Ever living God Customer Oath that you will from time to time faithfully execute your Office to your best skill according to the Orders of this Court for the Custome of all such Goods as are Imported or Exported due by Law unto the Country and all other things belonging to your Office and to give a true Accompt to the Treasurer at the end of every three Moneths from time to time or when you shall by Law be thereunto required So help you God c. Viewers of Fish Oath YOU Swear c. That you shall Impartially view such Fish as are presented before you and determine what part thereof is Merchantable and which is Refuse Fish and un-Merchantable according to your best skill knowledge and judgement So help you God c. VVHereas you A. B. are chosen a Packer of Beef Pork and other things for the Town of B. You do here Swear by the Living God that you will well and truely Pack all Beef Pork Packers Oath and other things when you shall be thereunto required You shall Pack no kinde of Goods but such as are good and sound nor any Goods in any Cask that is not of a just and full Gage You shall also set your particular Mark upon all Cask Packed by you and in all things proper to the place of a Packer you shall faithfully discharge the same from time to time according to your best Judgement and Conscience So help you God in our Lord Jesus Christ 1652. FINIS ERRATA PAge 1. line 8 read May 1671. in Bondslavery l. 3. r. or shall for as Coopers p. 17. l. 12. r. pag. 61. l. 24. r. pag. 88. p. 40. l. 4. r. the Subscription l. 9. r. Administrators p. 46. l. 5 r. Ministry l. 12. r. Heterodox l. ult r. 1668. p. 54. sect 2. of Fornication l. 2. r. pag. 33. after Punishment r. pag. 67. p. 56. l. 28. r. priviledge l. 30. r. suffrage p. 57. l. 2. dele made p. 77. l. 22. r. appoint thereunto p. 84. l. 31. r. being thereof p. 70. l. 2. r. pag. 39. p. 116. l. 1. r. relating p. 80. l. 27. r. expressed p. 15. for Sect. 18. r. 14. for 17. r. 16. next page r. folio 16. l. 6. r. that p. 102. l. 21. r. 1670. p. 9. l. last but one r. Feoffees in l. ult r. 1671. p. 73. l. 8. r. are p. 134. l. 17. r. proceed p. 155. l. 11. r. Explication A Summary of the LAWS foregoing Alphabetically Digested Wherein P. standeth for Page and S. for Section For the right Improvement whereof the Reader must supply the figures of some Sections in the Laws where they are omitted A Ability Age. FOr persons to pass away Lands c. Folio p. 1. s. 1. For chusing Guardians ibid For Plantiffs or Defendants Folio p. 2. s. 2. Who may defend the right of them that are under age ibid. Persons of any age to answer for Crimes c. ibid. May inform or present any misdemeanour ib. Actions When Tryable Folio p. 2. s. 1. Rules for Entry Folio p. 2. s. 2. No Plea or Evidence allowed after a case is committed to a Jury Folio p 2 s 2 Of Trespass under 40. s. Folio p. 2. s. 3. Brought to the General Court Folio p. 3. s. 6. Plaintiffs liberty to withdraw Folio p. 3. s. 7 In civil Actions every one secured from damage by non-appearance of any See appearance non-appearance Folio p 4. In involuntary Trespass not to proceed in case See Cattle Folio p. 18. s. 3 Appeal From Inferiour Courts to Courts of Assistants Folio p. 3. s. 1. How and when to be Entred ibid. From one Magistrate to County Courts ibid In criminal cases how to be proceeded in ibid From Court of Assistants to General Court in case ibid. Execution not to be granted in case Folio s. 1. In matter of Law to be determined by the Bench. ibid. In matter of Fact by Bench and Iury. ibid. Recording to be paid by the Appealants Folio p. 4. s 2 Reasons therefore to be entred six dayes before the Court ibid. Not Prosecuted to effect the penalty ibid. Who may sit as udges in such Actions Folio p 4. s 3 How to be proceâ—ded in ibid. From Associates Court in Dover Portsm Folio p. 4. s. 4 From one Magistrate to County Court see Burglary Folio p. 13. s. 2. Fom one Magistrate and Commissioners of Towns see Causes Folio p. 21. s. 2. From all or any the Commissioners of Boston to Court of Assistants Folio p. 22. s 3. By Disobedient children sentenced by a Magistrate or Commissioner see children Folio p. 27. s. 2 To County Court from Select men doing damage by laying out High wayes see High wayes Folio p. 65. s. 2. From one Magistrate to County Court see Lying Folio p. 92. By Towns and Peculiars in case see Poor Folio p. 123. s 2. By single persons to County Court in case See Townships Folio p. 148. s. 3. Appearance Non-appearance Not punishable in case Folio p 4. Not to prejudice any in civil Actions ibid. Persons liberty not to appear on Summons in case See Attachments Folio p 7. s. 2 Of a person Indicted of a Capital crime his Goods and Estate to be seized in case See Capital Laws Folio p. 16. s. 17. Apparel Who may wear Gold c. Folio p. 5. s. 1. Penalty of ten shillings on all not allowed ibid Further penalty Folio p. 6. s. 2. Arrests Not allowed in case Folio p. 6. s. 1. Not against Sailors in case see Sailors Folio p. 134 Associates One may punish Breach of the Peace See Breach of peace Folio p. 31. s. 1. The rules of punishment ibid. To be allowed by the General Court See Courts Folio p. 37. s. 7. With one Magistrate may keep a County Court ibid. Their
equity ibid A special Jury to be summoned for life or banishment ibid. Grandjuries to be summoned yearly to attend the several Courts with their duty Folio s. 2 Every Grandjuror to be allowed 3. s. per diem ibid Grand and Pettyjuries may give in a special Verdict in case the determination whereof belongs to the Court Folio 87. 3. All Jurors in matter of Fact not finding the main issue may present what they finde ibid Any Jury or Juror may in open Court advise with any person to resolve or direct them before Verdict ibid. s. 5. No Juror shall serve above one ordinary Court in a year except Grand jurors in cases of life and death ibid The Foreman of every Jury to deliver up all writings committed to them to the Clerk see Records Folio 129. 1. A Jury to be summoned in case of untimely death what to do and to whom to make return see untimely death Folio p. 39 L Lands free Lands All Lands granted or to be granted to English Plantations or Persons by General Court to be accounted the right of such English see Indians Folio 74. 1. Any person buying Land of any Indian without licence of General Court forfeited Folio s. 2 Graunts of Lands from Indians on tearm of years without licence forfeitable as if bought ibid. All our Lands and Heretages free from all licenses upon Alienations c. see Lands Folio p. 88. Any persons may purchase Lands of Indians where Mines are discovered see Mines Folio 116. 1. Leather Raw Hides not to be transported on forfeiture see Hides Folio 63. 1. Brought from beyond Seas transportable ib. To be preserved from corrupting on penalty ibid. s. 2. No Butcher Currier or Shoo-maker to exercise Tanning on penalty see Leather Folio 88. 1 No Tanner to be a Butcher c. ibid Gashing Hides in taking off penalty ibid Any Tanner putting to sale Leather insufficiently Tanned c. forfeited Folio 89. 2. Tan Fat 's set in Tan hills c. the penalty ib Curriers duty with the penalty of neglect ibid. s. 3. Searchers of Leather To be sworn their duty and power ibid. s. 4. Neglect of their duty the penalty ibid How to dispose of insufficient Leather seized by them Folio 90. 5 Liberties Common Every person may freely Fish or Fowl in any Pond c. unless otherwise appointed c Folio 90. 2. No man shall come on anothers propriety without his leave and as in said Law expressed ibid Lying Any Person of the age of 14 years making a lye their punishment stock fine or whipping to the fourth offence Folio p. 91. Persons under age for lying to be punished by their Parents ibid M Magistrates GOvernour Deputy Governour and five Magistrates may order and direct for removing obstructions referring to the Execution of Imposts see Imposts Folio 7. 12 Three Magistrates may keep a County Court see Courts Folio 36. 7. May order satisfaction for damage done by Indians to the Cattle of English see Indians Folio 76. 7. With Select men may place out unruly Children see Children Folio 26. 1. May dispose of Orphans to service Folio 28. 6. May punish Inkeepers for neglect of giving accompt of draught of Beer See Imposts Folio 70. 4. Two Magistrates may punish Indian Traders allowed for not giving a true accompt and payment to the Treasurer see Indians Folio 78. 12. Consenting to an Assignment of a servant is good see Masters Folio 105. 7. May out of Court dispose of and settle poor persons see Poor Folio 123. 1. May grant Licence to export Powder See Powder Folio 126. 2. May appoint Surveyors of Ships to be built See Ships Folio 138. 1. May take Order about Strangers see Strangers Folio p. 134 With the Clerk of Court may take the acknowledgement of a Judgement See Courts Folio 36.7 One Magistrate May punish breach of the peace see Breach of the Peace Folio 11. 1. May suppress a forceable detaining possession after Execution ibid. s. 2 May give Possession ibid May imprison the detainer and abettors by Warrant to the Marshal ibid May give Oath to Clerk of Markets see Bakers Folio 8. 1. May presse Workmen to repair defective Bridges see Bridges Folio 12. 3. May punish for Pilfring under 40. s. See Burglary Folio 13. 2. To return the Cases he issues to County Court ibid May punish Corporally in case ibid May give Warrant to search for stollen Goods ibid May proceed with any suspected according to Law Folio p. 14 May give Gagers of Cask and Packers an Oath see Cask Folio 16. 1. May punish any for taking Cattle to use without leave when and how see Cattle Folio 19. 5. May end small Causes under 40. s. See Causes Folio 20. 1. May sit in a Court with the Commissioners of Boston Folio 21. 3. May punish unruly Children see Children Folio 27. 2. May punish any person entertaining Children c. ibid. s. 3. May dispose of Offenders brought before him see Constable Folio 31. 2. May punish any that refuse to aid a Constable ibid. s. 5. May commit to Prison any that refuse to make acknowledgement of a Deed c. see Conveyance Folio 32. 4. May adjourn a Court in case see Courts adjournments Folio p. 38. May Summon a Jury on untimely death see Vntimely death Folio p. 39. May deal with open opposers of the Word c. see Ecclesiastical Folio 44. 15. May punish persons for absenting from publick Worship on the Sabbath Folio 45. 16. One or two to be present at opening Votes for Nomination of Magistrates see Elections Folio 47. 3. May commit any person suspected for firing a house c. see Firing Folio 51. 2. May punish such as kill Mackrel before July see Fish Folio 54. 5. May punish for Galloping in Boston streets see Galloping Folio p. 57. May punish Gaming or Dancing in Ordinaries see Gaming Folio 57. 1. May dispose of Cards and Dice brought in voluntarily ibid. s. 4 May commit to Prison any who wittingly and willingly deny the Scripture see Heresie Folio 59. 2. May by Warrant exact fines on Masters that bring in Quakers and take security to carry them away Folio 60. 4 May appoint men to view High-wayes on complaint see High-wayes Folio 65. 3. May punish or binde over Idle persons to the Court see Idle Persons Folio 66. 1. May commit or bind over to Court of Assistants any suspected to be a Jesuite see Iesuites Folio p. 67. May fine any refusing to assist the Custome Master see Impost Folio 68. 2 With the overseers of a work may Impresse workmen in the next Towns and set wages see Impresses Folio 73. 1. May fine or punish a Drunken Indian see Indians Folio 78. 11 May punish any that brew not Beer according to Law see Inkeepers Folio 80. 2. May punish Retailers of Strong-waters or private House-keepers for permitting Tipling Folio p. 81 82. s. 7 8. May determine all offences against that Law Folio 83. 13 May punish wanton and rude singing in
publick Houses Folio 84. 17 May commit any that keep a House of Entertainment without license in case Folio s. 18 May punish any found in publick Houses prohibited by Select men Folio 85. 19 May Summon a person to answer a Crime see Iurors Folio 87. 6. May give an Oath to proovers of Leather see Leather Folio 89. 3 May give Oath to Searchers and Sealers of Leather ibid. s. 4 May punish Lying see Lying Folio p. 1 May punish Seamen deserting their Voyage see Maritime Folio 99. 22. May allow of a Motion to Marriage in case see Marriage Folio 101. 3 May commit to Prison any attempting Marriage in case ibid May joyn persons in Marriage Folio 102. 5 May not joyn or suffer any to joyn themselves in marriage before publication ibid May press men boates to pursue Runnawaies c. See Masters Folio 104. 3 May punish Malsters in case see Malt Folio 106. 1 May committ a disorderly Souldier to prison in case see Military Folio p. 108. May by Warrant seize the estate of any transporting our Coyn see Money Folio 118. 2. May give the Oath of Fidelity to Inhabitants and Strangers see Oaths Folio 119. 2 May give Oath to cullers of Staves see Pipe-staves Folio p. 12â— May commit Runawaies to the house of Correction see Prison Folio 127. 3. May give an Oath to a prisoner not worth five pounds Folio p. 128. 5 To keep a Record of all Judgements granted by him against any see Records Folio 129. â— May fine any newly married not returning their names to Clerk of Writts Folio 130. 2 May fine any defacing Records ibid May punish Sabbath breakers see Sabbath Folio 132. 1 Or any drinking in Ordinaries after Sun set ibid. 1. 2. May punish doing servile work on the Sabbath ibid. s. 4 Governour or Deputy Governour may appoint Surveyors of Ships to be built see Ships Folio 138. 1 Governour or Deputy Governour may take order about Strangers see Strangers Folio p. 143 May allow a Stranger to reside in a Town ib May punish Cursers and Swearers see Swearing Folio p. 144 145 May punish and dispose of Vagabonds See Vagabonds Folio p. 15â— May fine any neglecting Watches see Watches Folio 154. 1 May take the Testimony of a person of 14. years of age see Witnesses Folio 158. 2 Man-slaughter Any person that shall kill another in the defence of himself or another c. shall be blameless Folio p. 92. Maritime Laws The major part of Owners of Vessels agreeing in setting them forth the minor part Owners concluded therein Folio 93. 1 Any Owner refusing or by absence cannot fit forth his part the Master may take up on Bottomary ibid An Owner of Ship or Vessel not assenting to let such Vessel must manifest it by protest c. ibid. s. 2 When Protests in such cases valid ibid No Voyage to be hindred by such protest ib. How the Dissenters part is to be secured ib Owners of Vessels living in several Countries how far the Master may act on their parts Folio 94. 3. Masters or Mates non attendance aboard the penalty ibid. s. 4 Masters agreement with their men for wages to be entred in a Book with their mens hands thereto on penalty ibid. s 5 Masters to make due provision for Seamen and Passengers on penalty Folio 95. 6. No Master to ship any Seaman shipt by another before on penalty ibid. s. 7 No Seaman to ship himself with any man till cleared by the first imployer on penalty ibid No Master to put into any Harbour in his voyage except necessitated c. on penalty Folio s. 8. Masters may alter their voyage in case Folio s. 9. Masters to pay mariners their wages on penaity Folio 96. 10 Damage on goods aboard how to be made good in case Folio s. 11. No Master of a vessell to more neer him that was first mored on penalty ibid. s. 12 Any Master under sail running aboard a Ship at anchor to pay all damage Folio 97. 13. How goods thrown over-board to be made good Folio s. 14 A Vessell giving over her voyage through insufficiency the charge of Lading unlading by whom to be paid ibid. s. 15. Goods damaged at Sea by negligence to be made good by master mariners ib. â— 16 Damage done by one Ship on another by breaking loose how to be made good Folio 98. Marriners absenting themselves from their Ship the penalty ibid. s. 18. Marriners causing disturbance in a Ship to the prejudice of the voyage how punished ib. s. 19 Any person undertaking to be a Pilot c. and found insufficient his penalty ibid. s. 20. Marriners to keep watch at Sea and in Harbour on penalty Folio 99. 21. Marriners deserting their Voyage punishable in case ibid. s. 22 Marriners having received their Wages and deserting the Ship to be pursued as Runawayes ibid. s. 23 Marriners entertaining persons on board without leave the penalty ibid. s. 24 Outrage by Marriners on the Master how punished Folio 100. 25 Marriners in distress at Sea not to leave the Ship if no peril of life ibid. s. 26 Marriners in case of Shipwrack to endeavour the saving what may be and to have recompence if neglected the penalty ibid. s. 27 Marriage No man to strike his wife or woman her husband on penalty Folio 101. 1 No person to be joyned in marriage before Publication ibid. s. 2 The manner of Publication ibid Any person making motion to marriage without consent of Parents c. the penalty ibid. s. 3 No married person whose Husband or Wife is in other Countries may reside here in Case on penalty ibid. s. 4. None may joyn persons in marriage but a Magistrate or other persons appointed Folio 102. 5. None may joyn themselves in marriage but before such that after Publication ib. No Man may marry his first wives natural sister ibid. s. 6. Every new married person to give in his name to the Clerk of Writts on penalty see Records Folio 130. 2 Marshalls their Office and Power To obey the Warrant of one Magistrate see Breach of peace Folio 11. 2 May require aid in case ibid To serve Warrants or Attachments for cases tryable before one Magistrate see Causes Folio 20. 1 To assist and obey the Commissioners of Boston Folio 21. 3. To levy fines imposed by Court see fines Folio p. 51 may Attach and Imprison persons till fines are paid ibid By Warrant from a Magistrate to apprehend deniers of Scripture see Heresie Folio 59. 2. To Collect fines c. by Warrant from the Treasurer on penalty see Marshalls s. 1. Treasurer Folio 151. 4 To Levy Executions on penalty ibid. s. 2. To make Returns of Executions to Clerks in two months on penalty ibid. To serve all Attachments directed to them and make return to the Clerks of Courts Folio 103. 3. No Marshal to be a Clerk or Recorder of a Court ibid Marshalls fees ibid. s. 4 Additional fees in case ibid Marshall Generals fees ibid. s.
Folio p. 120 Oppression What and how punished Folio p. 120. P Payments ALL Payments to be in Specie contracted for Folio 121. 2. Petitions Every Cause heard by General Court to pay the charges of the Court besides Entry Folio p. 121 When Petitions are to be received when not ibid Who may present Petitions without payment ibid Accompt of the number of Petitions to be signified to the Court as directed ibid Pipestaves Viewers of Staves Coopers staves to be called see Coopers Folio 17. 3 Two Viewers of Staves to be chosen in every Town where they are shipt off See Pipestaves Folio p. 122 The Viewers to be upon Oath their power ibid Assize of Staves ibid To keep accompt of Staves approved and for whom ibid Pipestaves shipt not approved forfeitable is Searchers fees for culling ibid Masters receiving Staves on board not cull'd the penalty ibid Refuse Staves not prohibited transportation ibid Poor Persons To be disposed of by Shire Courts or two Magistrates out of Court Folio 123. 1. Any person not excepted against within 3 moneths shall be reputed an Inhabitant in Towns where thy are ibid. s. 2 Any person excepted against and not removing nor complained against to the County Court by any Town the penalt ib Where persons cannot be settled in any Town the County Court may order their residence the charges to be paid by County Treasurer ibid Possession Title to Inheritances by Possession declared Folio p. 124 Porters To be allowed by Select-men and their Wages determined Folio p. 124 Plaintiffs and Defendants Plantiff asking advice of any that are to judg in his case may not prosecute his Action see Counsel Folio p. 34 In such case shall pay costs to the Desendant and so e contra ib. To attend Adjournments of Courts see Adjournments Folip p. 38. Not prosecuting their Actions at Court of Assistants to pay costs to the Defendant see Jurors Folio 87. 4. Not appearing the first forenoon of the Court to be Non suited ibid. s. 6. May make a new Entry in case ibid Defendant appearing in any Court having asked advice of any of the Judges being proved to pay 10. s. to the Plaintiffe see Counsel Folio P. 34. To attend Courts Adjournments See Adjournments Folio P. 38. To have Costs of the Plaintiffe not prosecuting his Appeal see Jurors Folio 87. 4. To have costs of a Plaintiffe upon a Non-suit ibid. s. 6. Pound Pound breach Every Town to have a sufficient Pound Folio 124 1. Any Pounding Swine or Cattle to give notice to owner or cause them to be cryed ibid Any Swine or Cattle escaping out of Pound the Owner to pay all damage ibid Owners of Cattle to pay damage or Replevin ibid No one to Rescue Cattle going to Pound on Penalty ibid. s. 2. Pound breach the Penalty ibid Harms done to any by Rescue to be made good ibid Owners of Cattle abettors in a Rescue their penalty ibid Powder All Powder Lead Shot c. imported to be Entred with the Notary on Penalty Folio 125 1. The Notary to keep a true accompt of such Goods ibid Not to grant Certificate to any in case on Penalty ibid The Captain of the Castle to signifie this Law to Masters and Merchants ib No Powder to be transported out of this Colony without license on Penalty Folio 126. 2. Prescription What Folio P. 126 Presidents Formes of Oaths c. Folio p. 102. Prisoners Who may be imprisoned see Arrests Folio 6.1 Maintenance declated ibid Not to be kept in Prison in case ibid Concealing Estate to be sold ibid Or under Bail for Crime to be tryed at the next Court that hath cognizance thereof See Courts Folio 38. 10. To be conveyed to Prison at their own charge if able see Prisoners Folio 126. 1. No Person to be helpful to any to break Prison on Penalty Folio 127. 4 Any Prisoner taking Oath he is not worth five Pounds to be discharged Folio 128. 5. Prison Keepers Discharged of Prisoners in case see Arrests Folio 6. 2. More see Courts Folio 128. 5. Danger Folio 7. 3. Liberty to take Baile ibid To receive Persons Committed for Drunkenness by Magistrate Commissioner or Select men see Inke epers Folio 81. 5. Suffering any to escape the Penalty see Prison Folio 127. 4. To Present a List of their Prisoners to the Courts to whom the Cognizance belongs Folio 128. 5. Costs for Prisoners maintenance to be determined by the Courts ibid House of Correction To be erected in every County at their charge Folio 127. 2. The Master to be appointed by Coun. Co. ibid. His Fees ibid Delinquents committed how to be punished ibid The Master not to discharge any committed but by Warrant ibid Priviledges Civil No man to suffer any punishment c. but by vertue of some Law established or the Word of God Folio P. 1. No man to be Imprisoned before the Law hath sentenced him in case see Imprisonment Folio p. 74 Any person may come to any publick meeting and present any necessary motion c see Liberties Common Folio 90. 1 Any person may remove out of the Jurisdiction if no legal impediment Folio 91. 3. Protestation How and in what case to be made Folio p. 128. Punishment No man shall be sentenced twice for one of fence Folio p. 129. No man to be punished with above forty stripes at one time ibid No man to be punished with whipping in case ibid No torture to be used before conviction ibid R Records ALL Evidences in any case to be given in Writing and kept on file Folio 129. 1. Every Parent c. to give the names of all born or dying to Clerk of Writts Folio 130. 2 Any person may Record Testimonies c. Folio 131. 3. Defacing of Records the penalty ibid Any Person may view or search Rolls Records of Court c. ibid Rolls Records c. that may be viewed interpreted ibid. Folio 5.4 Replevin Owners of Cattle impounded may Replevin them see Cattle Folio 18. 3. To be granted by the Clerk of Writts see Clerk of Writts Folio 28. 1. What may be Replevin'd when and by whom see Replevin Folio P. 132 S Sabbath PErsons absenting from publick meetings on the Lords day c. the penalty see Ecclesiastical Folio 45. 16. Prophaning of the Sabbath what see Sabbath Folio 132. 1. Youth Prophaning the Sabbath how punished ibid Persons above 14 years of age Prophaning the Sabbath how Punished ibid By the Lords day is meant day light ibid Drinking in Ordinaries after Sun set the penalty Folio 135. 2. Any Person not paying their fines or giving security to be corporally punished s. 3 Any doing servile work on the Lords day the penalty Folio 134. 4. What Travellers by Land or in Boats to be accounted Prophaners of the Sabbath ibid Saylors No In-keeper c. may Attach Arrest c. and Saylor for debt in case Folio p. 134. Salt In every Maritime Town a measurer of Salt aboard Ships to be chosen Folio