and all Actions Tryable at Select Courts shall be Tried at that Town where either Plaintiff or Defendant dwelleth as the Plaintiff seeth cause and any Action Tryable before a Magistrate one of the Parties must live or reside in the County where the Magistrate lives or resides unless both Parties be Strangers because much time is lost in the beginning of Courts of Tryals and Appeals by neglect of timely Entring of Actions Time of Entry of Actions 2. It is therefore Enacted by this Court c. That Actions shall be Entred upon or before the first day of the Courts Sitting and not after and in case any Plaintiff shall delay his Entry longer than the Forenoon of the first day of the Court he shall pay ten shillings to the Countrey or Counties use besides the ordinary Fees for Trial of Actions to this end all Marshals and Constables are required to make their Returns of all Summons and Attachments and their doings therein under their hands Time of return of warrants by the Marshal or Constable sometime at or before the first sitting of the Court that is to take cognizance of the Case or seasonably give to the Party the Summons or Attachment Sealed up and directed to the Clerk of the Court to which the same is Returnable Chrages of Tryals 3. That the ordinary settled Charges for Entring of Actions shall be fifteen shillings and six pence at a Court of Assistants which shall be thus divided two shillings to the Secretary six pence to the Marshal two shillings to the Fore-man of the Jury and one shilling a piece to the rest of the Jury and at a County Court there shall be paid nine shillings for Entring an Action to be divided according to former custom unless the County Courts have otherwayes agreed with their Officers and made Provision for their Jurors and for Entring an Action at a Select Court shall be paid three shillings and on a Tryal before a Magistrate shall be paid three shillings for a Witness Sworn at home one shilling and two shillings a day for a Witness that tends the Court and if the Defendant obtain a Verdict he shall not only have his Cost allowed for Witnesses as abovesaid but two shillings and six pence per day for what time he hath necessarily attended on the Action which shall be given without Suit and this shall bar the Defendant from Suit unless by Imprisonment or otherwayes he hath been more than ordinarily damnified 4. Whereas in Suits and Actions brought into Courts between Party and Party sometimes the Plaintiff and sometimes the Defendant and sometimes neither of them do attend the Call to Prosecute or Answer None attendance on Action to the great abuse of Court and Jury and others concerned in the Case and is contrary to the laudable Custome of all Courts in our Native Countrey and elsewhere It is therefore Ordered and Enacted That if any Plaintiff have Entred an action to be Tryed in any Court or which comes by Replevin Review or otherwise Penalty on the Plantiff and doth not by himself or by his Attorney make their appearance and Prosecute their Action after they have been three times called in Court they shall be Non suited and if the Defendant appear not to such Call the Plaintiff appearing the Suit shall nevertheless proceed and if Plaintiff or Defendant appear at their Call The Defendant they shall have their Costs granted against him that appeared not and if afterwards both Parties do agree to try the Case at the same Court they shall be allowed so to do the Plaintiff paying for a new Entry What shal be grounds of Nonsuit and what not 5. It is Enacted by this Court That in all Summons or Attachments the special ground of the Action shall be expressed and that a Circumstantial Error in a Summons or Warrant shall not be taken as a sufficient ground for a Non-suit where otherwise both the Party and Case intended may be Rationally understood and it shall also be expressed in the Warrant in what quality the Plantiff Sues whither as Principle Attorny Guardian or otherwise 6. And all Persons whither Parties or Witnesses are Injoyned to Attend their Respective Concerns the whole time of the Courts publick sitting No further Plea after the case is commited to the Jury until they are Issued and shall present the whole Plea or Evidence before the Case be committed to the Jury and no other Plea or Evidence be Admitted to any Person any Usage or Custom to the Contrary notwithstanding Warrants when to be served 7. That all Warrants whither to Attach or Summons any to answer to any Action or Presentment shall be Served five compleat working dayes before the first day of the Court. 8. That a Summons or Attachment from any Magistrate or Person that is Authorized for that End shall be sufficient Warrant to bring any Person within this Government to Answer to any Civil Action or Complaint commenced against him Summons or Attachments shall be sufficient Warrant and where there is Attachments they shall be granted against the Estate and for want thereof the Person 9. It is also Ordered That it shall be at the liberty of any Plantiff to withdraw his Action at any time before the Jury bring in their Verdict Plantiffs liberty to withdraw if he see cause In which Case he shall allow the Defendant full cost and may afterwards Renew his Suit at another Court 10. Be it Enacted That no man in any Suit or Plaint against another shall falsly pretend great Damages or Debts to vex or discredit his Adversary Vexations Suits and in all Cases where it appears to the Court that the Plantiff hath willingly wronged the Defendant in commencing Suit or prosecuting complaint or Inditement against him he shall pay unto the Defendant double costs besides damage and be Amerced to the Country or County not exceeding five pounds as the Case may be circumstanced for such his vexatious Suit or Plaint 11. Be it also Enacted That a Jury bringing in a Verdict the Court concurring and accepting it Judgement be forthwith entered When Judgement to be entred if they concur not the Jury may be put upon farther consideration of the Case and if they Retain their Verdict it shall be accepted and Judgment entered accordingly 12. It is further Enacted That in case a Plantiff obtain not a Verdict or be not satisfied therewith having new Plea or Evidence he may Rreveiw his Action if he see cause As likewise may the Defendant Reveiws but must bring their Reveiw where the Action wrs first Commenced but if either Party be cast in their Reveiw and go on to Reveiw a second time and be cast they shall be accounted Vexatious and Troublesom to the Court and to the Party Prosecuted and shall be Awarded to pay double cost to the Party and twenty shillings fine to the County Foreigners to give
Security to respond Costs before Summons or Attachment gr nted 13. That no Attachment or Summons shall be granted in any Civil Action to any Forreigner against a settled Inhabitant of this Jurisdiction or against a Forreigner before he hath given sufficient security or caution duly to Prosecute his Action and to answer the Defendant such Cost and Damages as the Court may award on penalty of making good the Damage by the Granter 14. And it is further Ordered That in all Attachments of Goods and Chattels Lands or Heriditaments In Attachment of Goods c. Legal notice to be given to the parties concerned Lands or Heriditaments whether it be by Forreigners or settled Inhabitants Legal notice shall be given to the Party concern'd either personally or by leaving a Copy of the Summons or Attachment five compleat working dayes before the Court at the House or place of or that was his usual abode before the Suit proceed but if he be out of the Jurisdiction the Cause notwithstanding shall proceed to Tryal and if Judgment pass for the Plantiff it shall be Entred And in what case Execution shall be respited but Execution shall not be granted until the next Court and that the Plantiff hath given sufficient Security to be Responsible to the Defendant if he shall Reverse the Judgment within one Year or such further time as the Court shall see cause to order 15. Be it Enacted That henceforth Lands or Goods Attacht to a Tryal shall not be Released upon the Appearance of the Party or Judgment given lands or goods Attacht when to be released and when not but shall stand ingaged until the Judgment or the Execution granted upon the said Judgment be discharged provided Execution be levied thereon within one Month after Judgment and that where any Marshal or Constable or their lawful Deputie shall by virtue of any Warrant Attach any mans Person he shall take Bond of him with sufficient Security or Sureties And so of Bonds and furties bound to such Officers for his or their Appearance at the Court Attached to and to abide Tryal and in case of Appeal to the Court Appealed to till the Judgment be there Entered How the Officer shall make his Return and that the Person Attached be forth-coming any time within six dayes after Judgment for the Plantiff to lay his Execution on if he see cause after which time the Surety to be cleared The officer shall make his Return and Indorse his Bond on the back-side of the Attachment and when the Officer shall deliver the Person to the Jaylor or take the Bond and return the same with the Attachment to Court And if any Person Attached shall neglect or refuse to give Bond or sufficient Security be shall by said Officer be delivered to the Jaylor of the County who shall keep him in Custody until six dayes after Judgment or till Released by the Party at whose Suit Attached and the Plantiff Levy his Execution afterwards as the Law Directs 16. Liberty is granted by this Court to any person to improve one or two Attorneys in any Civil Action to help him in his Pleas provided they be persons of good Repute and such as the Court shall approve and the said Attorneys are Required as to be faithful to their Client Attorneys allowed so also to avoid fraudulent Pleas that may have a tendency to mislead the Court or darken the Case and in no Case shall be allowed for Attoneys more than five shillings and Attorney or Attorneys at Select Courts or Magistrates Courts to be allowed but two shillings in any Case Barratry punished 17. And it is Enacted that if any Person be proved a common Barrater by vexing others with unjust frequent and troublesome Suits it shall be in the power of the Court both to eject his Cause and punish him for his Barratry by Fine or Imprisonment 18. It is Ordered That no man's Person shall be Restrained Imprisoned by any Authority whatsoever Who Bailable before the Law hath Sentenced him thereunto if he can put in sufficient Security Bail or Mainprize for his Appearance and good Behaviour in the mean time unless it be in Crimes Capital and Contempt in open Court or in such Case where some express Act of the General Court doth allow it No Levy on Lands where Goods found nor Surety Destrained where princile sufficient nor Beast of Plough or Draught 19. It is Ordered That no Debt be Levied on Lands or Rents so long as the Debtor hath Goods and Chattels to be found to satisfie neither shall the Pledges or Suits be Distreined so long as the Principle or sufficient Estate of the Principles can be found nor Beasts of the Plough or Draught for Debt if others may be found to satifie it except for Damage feizant 20. That every Man shall have liberty to Replevy his Chattel or Goods Impounded Replevin Distreined or Seized unless it be upon Execution after Judgment or for payment of Rates or Fines Provided he put in Security to Prosecute his Replevin and to satisfie such Damage and Charge as his Adversary shall Recover against him in Law Age Ability Age of Discretion 21. IT is Ordered by this Court and the Authority thereof That none shall have power to pass away Lands Hereditaments or other Estate or be capable of Sueing or being Sued at any Court in their own Person neither shall give Votes Verdicts or Sentence in any Civil Court or Cause until he or they attain unto the age of twenty one years But any Parent or Master shall or may Require and Sue for Satisfaction for any wrong or damage done their Children or Servants And any Orphan may have liberty to chuse their Guardian to act for them at fourteen years to Secure or Defend their Estate or otherwise act for them as may be requisite the Court allowing thereof and the Court may chuse and appoint Guardians for such as are under fourteen years But in any matter Criminal as well younger as elder shall be liable to Answer for the same in their own persons Appeals 22. IT is Ordered by this Court and the Authority thereof That it shall be the liberty of any Person or Persons Cast of Sentenced Liberty to appeal in Cases Civil or Criminal to Appeal if from the Sentance or Determination of a Magistrate or Select Court or other Person Impowred to hear and determine in any Case as before unto a County Court and any may Appeal from a County Court to a Court of Assistants alwayes Provided they tender their Appeal in twenty four hours after Judgment and the Court not Dissolved and put in Security before the Judges of the Court or according to their Order to Prosecute their Appeal to effect and to satisfie all Damage before Execution granted and in Criminal Cases besides such Bond to give Bond with Security for their good Behaviour until the time of the Court
Sit at Plimouth twice a year namely the first Tuesday in April when where to Sit. and the first Tuesday in October to Hear Examine and Determine all Cases of Life Limb Banishment and matters of Divorce according to Law and to Receive and Try all Appeals duely brought unto them from any Inferiour Court whether in matters Civil or Criminal to order Warrants for the choice of Juries and constitute Clerks or other needful Officers their power Ordered the Court of Assistants or Council have power to order the Payments to be made out of the Publick Treasury due to such as upon occasion have been Imployed in the Countries Service In which Court to make a valid Determination There shall pe present at least the Governour or Deputy Governour and four Assistants 2. And that Justice be not deferred nor the Countrey needlesly charged It shall be lawful for the Governour Liberty to call a Court of Assistance on special occasion or in his absence the Deputy Governour to call a Court of Assistants to try any Malefactors in any Capital Cause or upon other weighty Occasions as he shall see need 3. Ordered That no Person shall be put to Death in less than four dayes after Condemnation unless the Court see special cause or in case of Martial Law And that it shall be lawful for the Governour or Deputy Governour with the consent of two Magistrates Condemned persons the time of Execution Replevin to Reprieve a condemned Malefactor for a short time and if there be to them special Reason to the next General Court And that Warrants for Execution shall be always Signed by the Clerk of the Court of Assistants by Order of said Court Court of Admiralty BE it Enaced by this Court and the Authority thereof That the Governour for the time being or the Deputy Governour with three or four or the Assistants Courts or Admiratly their constitution power and such other Substantial Persons as the Governour for the time being shall commissionate under the Seal of this Colony shall have full Power to Act as a Court of Admiralty for Hearing and Trying and Determining all Matters and Causes which by the Act Intituled Pirates and Privateers are to be Tried thereby or by a Quorum of them as by the said Commission shall be Authorized either by themselves alone or together with or by a Jury Impannelled for such Trials as the Case may Require County Courts 1. IT is Ordered by this Court and the Authority thereof That there be in this Colony three Counties Countie and County Courts their constitution and that in each County there shall be kept annually two County Courts which Courts shall be kept by the Magistrates living in the several Counties or by any other Magistrate that can attend the same or by such as the General Court shall appoint from time to time and to make a Court there shall be present not less than three Magistrates or Associates and in no case shall Judgment be given without there be two consenting or the major part if more than four Judges and in the absence of the Governour or Deputy Governour the eldest Magistrate shall be President of the Court which Court shall have and hereby have power to order the choice of Juries of Grand Inquest and Trials in their several Countries and to constitute Clerks and other needful Officers the County Treasurer to be appointed and allowed of by said Court annually It is Ordered That each County Court shall have and hereby have power to Hear Try and Determine according to Law all Matters Actions Gauses and Complaints Their power whither Civil or Criminal in any Case not extending to Life Limb or Banishment or matter of Divorce The County of Plimouth its Limits 2. It is Ordered That Plimouth Duxbury Scituate Marshfield Bridgwater and Middlebrough together with all such Place and Villages that do or may lye between the said Towns and the Patent Line be a County Plimouth the County Town and said County called the County of Plimouth In which County shall be kept two County Courts annually courts number time place at the Town of Plimouth one on the third Tuesday in March and the other on the third Tuesday in September The County of Barnstable its Limits 3. It is also Ordered That Barnstable Sandwich Yarmouth and Easthaws the Villages of Sippican Suckonesset and Manamoy shall be a County Barnstable the County Town and said County shall be called the County of Barnstable courts number time place in which County shall be kept two County Courts annually at the County Towns one on the third Tuesday in April and the other on the third Tuesday in October The County of Bristol its Limits It is further Ordered That Bristol Taunton Rehoboth Dartmonth Swansey Little Compton Free-Town Sowammit Pocasset Punkatest and all such Places Towns and Villages as are or may be settled on said Lands shall be a County courts number time place Bristol the County Town and the said County shall be called the County of Bristol In which County shall be kept two County Courts annually at the County Town one on the third Tuesday in May and the other on the third Tuesday in November Deeds c. may be Recordedin the County where they ly and held sufficient 4. It is Ordered c. That all Deeds Bargains Mortgages for Houses Rents Lands not already Recorded in the Publick Records or that shall not be Recorded before the first County Court of each County shall or may be Recorded in the County where they lye by the County Recorder which shall from and after the first County Court that Sits in said County be accounted Legal and Sufficient Record for the same it having been acknowledged or duely Proved before the Recording County Courts to settle the Estate of intestats take probats of Wills 5. It is Ordered that such County Court shall have and hereby have power to settle and dispose according to Law the Estate of any Person that dies Intestate within the County and to grant Letters of Administration and take the probate of Wills To make Orders for County Prisons High-wayes Bridges Rates in their County 6. It is Enacted That County Courts have Power to make effectual Orders about county Prisons High wayes and Bridges and when there is occasion Order Rates to be made in the several Towns and Places of the County for defraying County charges The Raters of each Town to Rate their Inhabitants or Persons under their Constablerick according to the proportion Ordered by the County Court and the Constable to gather such Rates and be accountable for the same to the County Treasurer 7. It is Ordered That in any County where a Stranger dies Intestate the County Court shall appoint a meet Person to Administer on his Estate if he leave any and to secure the same for them of whom of
the other half to the use of the Colony This Court taking into their serious consideration the great Damage that this Colony and our Neighbours is likely to sustain by the catching of Mackerel with Nets and Sanes at Cape Cod or elsewhere near any Shoar in this Colony to the great destruction of Fish and to the discouragement of divers Fishermen as is alledged The Court doth therefore Enact and be it hereby Enacted by the Authority thereof That no person or persons whatsoever after the Publication hereof shall catch or draw on shoar any Mackerel with Net or Nets None to draw ashore Mackrel with Nets Sane or Sanes in any part of this Colony And if any person or persons hereafter shall presume to catch any Mackerel by setting or shooting any Net or Sane such person so offending as aforesaid shall forfeit for his or their said offence all such Nets or Sanes as shall be improved and all such Mackerel as shall be caught by him or them and shall also forfeit every such Vessel and all such Vessels or Boats as shall be imployed therein whether Ketch Sloop or Boat as shall be imployed in taking or carrying away any such Fish if at any time the person so offending be taken within this Government or the value thereof one moiety to the Colony and the other moiety to the Informer that shall prosecute the same And for the better Execution of the said Law Power shall be given by some one or more of the Magistrates by Warrant to some fit man to act as a Water-Bayliff to make seizure of all such Forfeitures as aforesaid This Act to stand till the Court on some Trial thereof shall see cause otherwise to Order CHAP. X. High-Wayes 1. ORdered by this Court and the Authority thereof That where Countrey Roads be wanting through any Township of this Government or where there are Wayes laid out and returned to be Recorded High-ways in case to be laid out by indifferent men chose by the County Court that are not to the satisfaction of the County Court or where the two next Towns cannot agree about the same or where any Town or particular person complain to the County Court and have a pretence of great damage thereby in such case the County Court shall appoint a Committee of indifferent men or Jury out of such Town and the neighbour Towns who shall be upon Oath to view said Way and approve or disapprove thereof and lay out such Way in such places and in such manner as may be most beneficial to the Publick and least prejudicial to particular persons and make return of their doings to the County Court and the charge to be born as the County Court shall determine Town High-ways between Neighbourhood how to be laid out 2. Ordered That where there needs Town High-wayes from Neighbourhood to Neighbourhood or for the necessity of particular persons there shall be such wayes and passages laid out and ordered as a Jury impannel'd and sworn by a Magistrate shall see cause they attending the Law for their Rule provided that if any Town-way between Neighbourhood and Neighbourhood be laid out through any mans Land they shall have meet satisfaction But if the Parties cannot agree the same to be determined by the County Court Country roads to be forty foot wide 3. That common High-wayes or County Roads be forty foot wide or more in low wet and durty ground 4. Ordered That the Surveiors of High-wayes shall give three dayes warning to all persons concerned for themselves Surveiors of High-ways to give three days warning or their Teams when they are to work at the High-wayes as often as need shall require not exceeding six dayes in a year and every person orderly warned that neglects to appear or send a sufficient hand in his room shall pay two shillings six pence per day each day they neglect and each day for a Team five shillings for the Towns use to be levyed by Distress on the Goods of such as are Delinquents by a Warrant to the Constable from any of the Magistrates or Selectmen where there is no Magistrate near Penalty for non appearance to whom the Names of such Delinquents shall be returned by any of the Surveiors all allowed Inhabitants and persons Rateable to be warned and such Housholders that have not Teams and several in their Family capable to work though not Rateable How to work at High-ways such by approbation of the Selectmen may be warned to send two Ordered That the Surveior if he see cause shall hire either Man or Team as occasion requires for the said work and to be paid out of the fines aforesaid and that the Surveiors warn not any Man or Team twice to work on the High-wayes before they have first gone over all the Persons and Teams in the Town None to be warned to work twice till all have gone over once as aforesaid and that each Surveior give an account thereof to the Surveior which shall succeed him for the next Year who shall begin to warn where the other left off Penalty of Surveyors neglect 5. Ordered That every Surveior that neglects his duty in repairing the High-wayes shall forfeit five pounds to the Counties use Those warned when to appear and what time to work 6. Ordered That those warned to work on the High-wayes as aforesaid shall appear at the place appointed according to the Surveiors order with their Carts and themselves fitted with Tools and Instruments suitable to the work by the hour of nine in the Morning and work till four at Evening allowing the space of one hour at Noon for refreshment Surveiors to give an account to the Select men 7. Ordered That the Surveiors do at the end of their Year give an account of their actings and what Monies of the Towns may be in their hands unto the Selectmen of the Respective Towns or such other as the Town shall appoint for that Affair or be liable to a suit to be prosecuted against them by the Selectmen on the Towns Account 8. The Court taking into Consideration the Inconvenience likely to ensure Country-high wayes to be laid out by a Jury by Persons Erecting Fences Gates or Bars athwart County High-wayes to the Anoyance of Travellers Do therefore Enact and be it hereby Enacted That all necessary County High-wayes within this Colony shall between this time and the next October Court be laid out by a Jury where it is not already so done and an account thereof with the bounds presented to the Town Clerk on penalty at the charge of the Respective Towns through whose Lands on Townships such wayes may lead and that Account thereof with the several bounds of each such way in every of the said Towns shall be presented or brought to the Clerk of that Town on penalty of five pounds to be forfeited and paid by that Town that shall neglect the performance thereof And
double to any one of his Brethren And where there is but one Brother he shall be sole Heir to such Brother or other Ancestor and where there is no Brother the Sisters of the whole Blood shall Inherit alike lands distrain'd 5. It is Ordered That all Houses Lands and other Hereditaments that have been or shall be Levied or Distrained and delivered in Execution according to Law and Possession orderly given by any Marshal or Constable or any of their Deputies that Levied the same and is Returned and Recorded shall be and remain to the Party to whom delivered and his Heirs and Assignes as good an Estate as it was to the Person from whom Taken or Recovered 6. That where Lands Tenements Hereditaments fall or happen to be in Partnership either by Descent Gift Graunt Purchase or otherwise Lands in partnership if any Partner die before it be divided the Heirs or Assignes of the Deceased shall have his or their part with the Survivers as fully as any of the Survivers Any Custome to the contrary notwithstanding Liberty to Sue out a division 7. It is also Ordered That any Partner may Sue out a Division of any such Land as he or they may shew good reason for 8. It is Ordered that where no Heir or Owner of Houses Lands Tenements Goods or Chattels can be found upon the Decease of the late Proprietor a true Inventory of every such Estate in all the parts and parcels thereof shall with the first conveniency be duely taken a just Apprizement made upon Oath by fit men thereunto appointed by a Magistrate Escheaâ—â— or in his absence by the Select Men of the Town where such Estate is and the whole Estate shall be seized by the Colony Treasurer till the true Heir or Owner shall make due Claim thereunto unto whom the same shall be delivered upon just and reasonable terms Conveyances to be acknowledged before a Magistrate 9. Ordered c. That all Sales Exchanges Gifts Mortgages or other conveyancies of Houses Lands and other Hereditaments shall be acknowledged before some Magistrate or otherwise that the Witnesses two of them at least to the Deed be Sworn that the Party Graunter Seller Mortgager c. did Seal and Deliver the said Instrument as his Act and Deed before it be committed to publick Record Except that by special Order of Court the clerk be Ordered to Record any Instrument that is not so Proved or Acknowledged and that after the end of May next which shall be in the year 1686. No Sale Bargain Mortgage or Conveyance of any Houses Lands or other Hereditaments where the Seller Bargainer Mortgager c. Remains in possession shall be of any force against other persons Except the Granter Seller Mortgager c. his Heirs unless the same be acknowledged or otherwise proved as abovesaid and committed to Record 10. An Act made July 10. 1669. for quieting Mens Estates and avoiding Suits in Law touching Title of Lands in case time Suit may be Commenced for Lands detain'd where when barred It is Enacted by the Court and the Authority thereof That no person or persons having had for the space or term of ten years fully past and expired any Right or Title of Entry into or cause of Action for any Lands Tenements or Hereditaments whatsoever now detained from him or them shall thereinto Enter or Commence Suit for but within five years next after the end of this present Session of Court and at no time after And that no person or persons having had for the space or term of eighteen years fully past and expired any Right or Title of Entry into or cause of Action for any Lands Tenements or Hereditaments whatsoever now detained from him or them shall thereinto Enter or Commence Suits for but within two years after the end of this present Session of Court and at no time after And that no person or persons shall at any time hereafter make any Entry into or Commence Suit for any Lands Tenements or Hereditaments but within fifteen years next after his or their Right Title or Cause of Action or Suit which shall hereafter first descend fall or accrue to the same otherwise such Title or Cause of Action shall be for ever after barred and the party or parties claiming and his and their Heirs utterly excluded from Entry into or Suit for the same Provided nevertheless That if any person or persons which hath or shall have such Right Title or cause of Action first be or shall be at the time of the said Right Title or Cause of Action descended according or fallen within the Age of twenty one years Feme Covert non compos mentis imprisoned or beyond the Seas then such person or persons his or their Heirs shall or may notwithstanding the said fifteen years expired bring his Action or make his Entry at any time within five years next after his or their full Age discoverture coming of sound mind enlargement out of Prison or coming into this Country take benefit of and so for the same and at no time after the said five years It is further Enacted by the Court c. That such person or persons as have had Right or Title or Entry into or cause of Action for any Lands Tenements Hereditaments hitherto detained from him or them for the space or Term of twenty years fully past and compleat and neglected hitherto to make his or their Entry or to commence Suit for the same shall be for ever Barred and Excluded and utterly disabled from such Entry or Suit to be made excepting as in the abovesaid Proviso This Act to stand at present suiting our Infant Estate till the Court see cause otherwise to Order mean while it shall be the concern of all for the future cause to obtain the best Evidence they can for the Title and Hold of their Lands A supplement to the Prefatory Declaration and Order in the Preface now Orders by His Majesties General Court held at Plimouth June 2d Anno Dom. 1685 As followeth viz. It is by this Court and the Authority thereof Ordered and Declared That all the Lands with their and every their Appurtenances belonging which have been formerly granted by the Court unto Townships or particular Persons according to the several Graunts or Bounds thereof shall be and remain to the several Townships and Grauntees their Heirs Successors and Assignes for ever in as free full ample and beneficial manner to all Intents Constructions and Purposes whatsoever as the Governour and Associates or General Court by vertue of their Letters Patents Declaratory from His Majesty or by any other ways and means whatsoever might or could Graunt And that the Governour for the time being Confirm all such former Graunts of Lands whether Graunted unto Townships or particular Persons which desire the same under the Seal of the Government not yet affixed thereunto And that the Court of Assistants be a Committee from
such Affairs of this Jurisdiction as shall be within their Cognizance Trust and Power To Dissolve or Adjourn untill they shall see cause to Dissolve or Adjourn the said Court unto another time 3. It is also Ordered That besides the said fixed Courts the Governour or in his absence the Deputy Governour and in their absence Power to sum mon a General Court on special occasion the greater part of the Magistrates of this Jurisdiction shall have power to Summon a General Court either the whole Body of Free-Men or their Representatives at any time as the urgent and extraordinary occasions of this Jurisdiction or any part thereof may require And if any of the aforesaid Magistrates or Deputies shall without just cause either be absent at the first sitting of any of the said General Courts whether ordinary or extraordinary Fine for non-appearance or departure without licence or without leave depart or disorderly absent him or themselves from the service thereof before the Court be finished he or they shall each of them pay twenty shillings for a fine to the Jurisdiction for such absence or Departure But if the absence or Departure be mingled with Contempt or wilful neglect the Fine shall be encreased as the Court upon due consideration of the Offence Increased by contempt with the Aggravations shall judge meet 4. Free-mens liberty to send Votes by prory And in regard that through Age Inability of Body or Urgency of occasions many of the Free-men cannot attend the Courts of Election Liberty is hereby granted to such of the Free-men as will not be there in Person to send their Votes by Proxy viz. by Deputies of their Respective Towns provided that such Votes be given to the said Deputies in open Town-meeting and shall by the Town Clerk there be Sealed up severally that is to say Votes for the Governour by themselves Sealed up for the Deputy Governour by themselves and Assistants by themselves c. and that the Deputies also take a List of the Names of such as sent Votes by them Penalty for neglect that they may answer for them when they are called And that whosoever of the Free-men do not appear at Election in Parson or by Proxy And for non-Free-men voting and Free mens putting in more votes than one for one Person he shall be for such neglect Amerced to the Treasury ten shillings and every Free-man to put in his Votes for the six Assistants in one Paper If any man put in a Vote that is not a Free-man or any Free-man put in at one time more than one Vote for a man to any one Office he shall pay ten pound Fine to the Colony 5. Forasmuch as the Free-men of this Corporation and by Records appears having publickly been declared to be the Associates of this Government Free-mens Power and have the Priviledge and Power of chusing Officers and by themselves and Representatives together with the Magistrates of making and repealing Laws and Managing the greatest concerns of this Colony And how to be qualified before admitted It is therefore Enacted by this Court and the Authority thereof that none shall be admitted a Free-man of this Corporation but such as are one and twenty Years of Age at the least and have the Testimony of the Major part of the Free-men of the Town signified under the hand of the Town Clerk that they are of sober and peaceable conversation Orthodox in the Fundamentals of Religion and such as are Free holders or have twenty pounds Ratable Esta tear the least in the Government or such that are generally known approved by the Court all Freemen to be approved of at Election Courts and taken in at said Coarts or being approved by said Coart signed under the hand of the Secretary may be Sworn at any Court Like qualifications for Deputies and other places of trust The like Qualifications are required in all such as are to be chosen to be Deputies or any other place of Trust 6. And forasmuch as some corrupt Members may creep into the best and purest Societies cause of Disfranchising Freemen and by whom If any Freeman of this Corporation shall be discovered to be notoriously vitious or scandalous as common Liars Drunkards Swearers Apostates from the Fundamentals of Religion or the like or doth manifestly appear to be disaffected to this Government upon legal and due Conviction of all or any of these it shall be in the power of the General Court to Disfranchise him if they see cause fron the priviledges of a Freeman 〈◊〉 â—nnual 〈…〉 Depu 〈…〉 7. It is Enacted That each Town-ship in this Jurisdiction shall annually Elect and Chuse timely for the Election Courts one or two fit men out of the Freemen for their Deputies every Town consisting of sixty Families shall or may send two Daputies with full power to attend the Service of the General Court or Courts and the Adjournments thereof for the whòle year on pain of forty shillings Fine and the respective Town Clerk to return the Names of those so chosen to the Court on pain of twenty shillings to the Colonies use If not Elected according I to law then to be sent back with the reasons And if the General Court to whom such Deputy or Deputies are Presented upon taking notice of their Members do Adjudge any of them not to be Elected according to Law then shall the Court return them with the reason thereof unto the Town from whence they were sent that they may make a due Election according to Law no act of Court to pass without consent vote of major part Who to have a casting vote 8. It is Ordered c. That nothing shall be concluded and pass as an Act of the General Court but by the consent and vote of the major part of the Court. And the Governour or in his absence the Deputy Governour shall have a casting vote whensoever there shall be an equi-vote either at the General Court or Court of Assistants In like manner shall the President in any Inferiour Court commissioners the next in nomination to attend 9. That in case either or both of the Commissioners chosen for the Colony shall by Gods Providence be disinabled to attend the Service thereof then the next in Nomination for that choice shall Attend that Service in his or their stead Halberteers at tendance 10 It is Ordered That two Halberteers be in a readiness to attend the Governour and Assistants at the Courts of Election during the whole time of their continuance Secretaries annually chosen 11. That the Secretary be annually chosen by the General Court and Sworn Courts of Assistants or Magistrates Court of Assistance 1. IT is Ordered and Enacted by this Court and the Authority thereof That there shall be a Court called the Court of Assistants or Magistrates wherein all the Magistrates of this Jurisdiction shall Meet and
Right it doth or may belong Town Clerks to return to the County Courts the names of Constables Jury men c. chosen 8. It is Ordered That the Town Clerk in such Town Annually return the Names of such Persons to the County Court as by the several Towns are chosen to serve as Constable Grand Jury-men Surveyors of High-ways that they may take their Oaths and be established in their Respective Places and the Select-men to be returned to the Court of Election on penalty of twenty shillings fine for each Neglect Clerk of the County to be the Recorders of the County 9. It is Ordered That the Clerk of the County Court shall be the Recorder of the County who shall Record Deeds and Evidences for Lands lying within the County who shall be under Oath for the faithful discharge of his Place Said Clerk in open Court may Administer Oaths to Witnesses and in the Name or Order of Court to grant Summons Attachments Warrants and to sign and give out Executions for any Judgment obtained in any of the County Courts Their work Power which shall not be until twelve hours after Judgment unless in any particular Case the Law hath otherwise provided nor then if the Court or any special cause shall Respit the same 10. It is Ordered That each County Court may Adjourn their County Courts as to them may seem meet County courts adjournment And all Persons concerned shall be bound to attend the said Adjournment 11. It is Ordered That there be a County Marshal who shall-alwayes attend said Courts who are impowred to serve all Warrants County Marshal work and Power Attachments or Summons that are directed to them and to Levy Executions who may Require Aid in the Execution of their Office which shall be yielded on the same penalty that is for any to refuse to assist a Constable In what Case two Magistrats may grant Administration probate of Wills out of Court 12. It is Ordered That in any Case that requires a speedy proving of a Will or taking out Letters of Administration it shall be lawful for any two Magistrates the Clerk of the County Court being present to Record the same to take the Probate of such Wills and to grant Administrations though out of Court or not in Court time who may determine matters of equity as cannot be relieved by the common Law 13. That a Magistrate or any Court shall have Power to determine all such Matters of Equity in Cases or Actions that have been under their Cognizance as connot be relieved by the common Law as the forfeiture of an Obligation breach of Covenants without great Damage or the like matters of apparent Equity 14. Ordered That the County Court or any two of the Magistrates may as need shall require upon defect of any Towns chusing Raters Who may chuse Raters in defect or the Raters neglecting to make such Rates as by Order of Court are required of them or orderly committed to them make choice of three men in such town to make such Rates as aforesaid Criminals convict to pay cost of prosecution 15. Ordered That in all Criminal Cases or Misdemeanors besides their Fines or Punishment Persons Convict shall pay Cost and needful charges of Prosecution 16. It is Ordered c. That a Judgment acknowledged before any two Magistrates and the Clerk of the Court shall be good in Law and if the Clerk be a Magistrate he with one Magistrate may take such acknowledgment and the Clerk shall have twelve pence for Recording the same Courts of Select-men IT is Ordered by this Court and the Authority thereof That every Town in this Colony shall chuse three or five able Discreet men out of the Free-men of each Town Annualy who shall be presented to the General Court at June to be approved Courts of Select men their constitution power and then Sworn there or before a Magistrate who shall have Power to hear try and determine all Actions of Debt Trespass or Damage not exceeding forty shillings and to grant Summons and Attachments to the Marshal or Constables to be returned into their Courts which may be four in one Year and not more and to Administer Oaths to any that may be used at their Courts or in such Matters as they have to deal withal And Summons Witnesses and upon Issue of the Cases to grant Executions to the Constable or County Marshal who shall Execute the same make Return thereof doing thereupon to the Officer that keeps the Records of such Courts and in all things to act and determine according to Law as is provided for other Courts and causes without Jury and that to make a valid Act there shall be the major part of them consenting and that the Select-men in each Town shall order the Prudential Affairs of the Town viz. to admit approve or disapprove of any Person who shall offer to Dwell or Inhabit in the said Town to provide for such poor and necessitous Persons at the Towns charge as the Town ought to be charged withal to look after and prevent any Incroachments upon High-wayes and Streets to look after the keeping and maintaining the Town Bounds at the Towns charge to put out with the consent of a Magistrate Children that cannot or are not provided for by their Parents or Friends to Service or Apprentice Boyes till one and twenty and Girls till eighteen years of age to put out to Service with the Advice of a Magistrate any Idle Disorderly or Shiftless Persons that are likely to be chargeable to the Town That in such Town where no Magistrate or Person Authorized with Magistratical power is the Select men or any two of them shall have power to convict and punish any persons according to Law for Drunkenness Swearing Cursing Sabbath-breaking Night-walking Breaking of Peace and all such other Matters in their Town referred to them by Law CHAP VII Criminals 1. IT is Ordered by this Court and the Authority thereof That whosoever shall commit Adultery with a Married Woman or one Betrothed to another Man Adultry how to be punished both of them shall be severely punished by Whipping two several times viz. once when the Court is in being at which they were convict of the Fact and the second time as the Court shall Order and likewise to wear two Capital Letters A. D. cut out in Cloth and Sewed on their upper Garments on their Arm or Back and if at any time they shall be found without the said Letters so worn whilest in this Government to be forthwith taken and publickly Whipt and so from time to time as often as they are found not to wear them Fornication how before Contract 2. Be it also Enacted That whosoever committeth Fornication before or without lawful Contract shall be punished by whipping or else pay ten pounds fine each of them to the County But if they be or will be Married to
each other and the case such as they lawfully may How if they be or will be Married then but ten pounds both And if any commit carnal Copulation after lawful Contract before Marriage they shall be Amerced each of them fifty shillings to the County and be imprisoned if the Court see reason If after Contract By lawful Contract is intended Mutuall consent of Parents Guardians or overseers and a solemn Promise of Marriage made to each other by the Parties before Competent Witnesses and if they cannot or will not pay their fine Lawful Contracts what then to be punished by whipping The Court for the more discountenancing the prevailing Evil Have further Ordered That such as Transgress in any of these wayes shall be Convict in open Court and their Fines to be paid in Mony Burglary and Robery how 3. It is Ordered by this Court and the Authority thereof That if any Person shall commit Burglary by breaking up any Dwelling House or Ware-House in the Night or on the Lord's Day or that shall forcibly Rob any Person in the Field or High-way The first the second offence such Offenders shall for the first Offence stand on the Gallows an hour and be Burnt on the Hand with the Letter B And for the second Offence shall be put to Death 4. That if any Stranger or Inhabitant of this Government shall be Legally Convict of Stealing or Purloining any Horses Chattles stealing or purloyning The first Second Mony or other Goods of any kind he shall be punished by paying three fold to the party wronged and a Fine to the County not exceeding the value Stole or Corporal Punishment as the Court shall determine and for the second Offence of the like kind to make like satisfaction to the Party wronged and be Branded in the Hand with the Letter R. And if the Delinquents have not wherewith to satisfie the Law Third offence they shall be Sold for time to make Satisfaction and if the Fact be committed on a Sabbath day the Brand to be on the Forehead and for the third Offence of like kind to be put to Death or Sold out of the Country as the Court shall see cause prophane swearing 5. It is Enacted by the Court c. That whosoever shall prophanely swear or curse by the Name of God or any of his Attributes The first Words or Worâ—ks he or they shall be set in the stocks not exceeding three hours or pay five shillings fine to the County second offence c. or be imprisoned according to the quality of the Person and for a second Offence to pay ten shillings to the County or be whipt and so from time to time as often as afterwards found Transgressing in this kind 6. Forasmuch as the open Contempt of Gods Word and the Messinger thereof is the desolating sin of Civil State and Churches Vilifying the the Scripture or Holy Pen-men thereof Or the Word of God preached Or the Ministers thereof Or the wayes Churches or Ordinances of Christ It is Enacted That if any Christian so called in this Government shal speak contemptuously of the Holy Scripture or the Holy Pen-men thereof such Person or Persons shall be punisht by fine not exceeding five pounds or Corporal punishment by whipping And if any shall behave themselves Contemptuously towards the Word of God Preached or any Minister thereof called and faithfully dispencing the same in any Congregation either by manifest interrupting him in his Ministerial Dispensations or falsely peremptorily charging him with Teaching Errors to the disparagement and hinderance of the Work of Christ in his hand or mamfestly and contemptuously reproach the Wayes Churches or Ordinances of Christ being duely Convict thereof he or they for the first Transgression be Amerced twenty shillings fine to the County or be set in the Stocks not exceeding four hours But if he or they go on to transgress in the same kind then to be Amerced forty shillings or be whipt for every such Transgression 7. It is Ordered c. That where a Judgment is given in any Court for any Person of House or Lands upon the Tryal of the Title thereof or other Just cause if the Person against whom the Judgment is given doth either forcibly detain Possession thereof Forceable detainer either against the Officer impowred to serve an Execution thereon or after Execution served enter upon it again and so return Possession by force he shall be accounted an high Offender against the Law and breaker of the publick Peace Therefore speedily to redress such a Criminal Offence every Magistrate is impowred and by his Place hath power to give Warrant and Command to the Marshal Entry and possession Officer and other men whom he thinks meet to be imployed in the business the Marshal or other Officer also requiring aid greater or lesser as need requires to suppress the force and give Possession to the Owner and to imprison such as do appear to be Delinquents and their Aiders and Abettors to be forthcoming at the next Court that did give the Judgment in the Case there to make their answer and whom the Court doth find guilty to set such fine or other punishment upon them as the merit of their several Cases doth require Disturbance of the Peace 8. It is Ordered c. That whosoever shall disturb or undermine the Peace of this Jurisdiction or Inhabitants thereof by plotting with others or by his own Tumultuous and offensive carriage Traducing Quarrelling Challenging or Assaulting or any other way tending to publick Disturbance in what Place soever it be done or shall Defame any Court of Justice or any of the Magistrates Defamation of Court or Judge or Judges of any Court in this Jurisdiction in Respect of any Act or Sentance therein Passed Every such Offender upon due proof made shall be by the County Court punished by fine imprisonment binding to the Peace or good behaviour according to the quality and measure of the Offence or Disturbance to them seeming just and equal And that such as Beat Hurt or Strike any other Person shall be liable to pay unto the Party hurt or stricken and such Fine to the County as on consideration of the party smit Beating or hurting any Person and with what Instrument Danger more or less time place provocation c as shall be judged just and reasonable to the merit of the Offence by them that have the proper cognizance of the same 9. It is Ordered c. That if any person shall Forge any Deed or Conveyance Testament Bond Bill Release Acquittance Letter of Attorney or any Writing to pervert Equity and Justice Forging of Deeds Testaments Bonds Bills c. he shall pay the party grieved double Damages and be fined himself so much to the Countries use and if he cannot pay it to be publickly Whipt and Burned in the Face with a Roman F. 10. Be
or common Road shall forfeit five shillings or sit in the Stocks an hour 22. Whereas divers unruly Persons Servants and others in several places of this Colony meet together to walk about in the Night to Drink Revel or Pilfer the same tending to the corrupting and debauching of the Youth and many offend and prejudice the peaceable Inhabitants of the several Towns for prevention whereof of night-walkers It is Ordered by this Court and the Authority thereof that all Persons walking in the Fields or Streets after nine or ten a clock at Night unless known peaceable and orderly Inhabitants shall be liable to be examined by the Select men Constable or Watch of the Town or if complained on by any other Person of the Town and if they cannot give a satisfactory reason for their so doing he or they shall be had before some Magistrate or other Person Authorized who upon the hearing of the Case it appear they have been Rude or unseasonably Drinking Revelling Gaming Sporting or any wayes disturbing or if it be Servants or Children and it be without their Parents or Masters leave they shall for the first Offence be Admonished or pay five shillings to the County or sit in the Stocks an hour and if Transgress a second time to pay ten shiliings or be whipt with ten Lashes and so from time to time as often as they Transgress 23. Ordered c. If any person Summoned to Answer any Presentment or for any Fault or Misdemeanour de not appear at the time appointed of non-appear ance on Summons to answ any presentment c. he or they shall be proceeded against for Contempt except it appear that they have been prevented by the hand of God 24. It is further Ordered That in case of any Misdemeanour that by Law there is not particular provision made for or that the penalty is not limited or expressed the person being convict thereof shall be liable to be punished by the Magistrate or other person Authorized before whom the Complaint is made by Fine according to his discretion Of misdemenors where no particular Law or Penalty limited not for one offence exceeding ten shillings or sitting in the Stocks not exceeding two hours And if such offence by him or them that have the cognizance thereof shall be thought to deserve a greater Fine or Punishment then the party complained of shall be bound over to Answer the same at the next County Court and be bound with Surety or Sureties for his or their appearance to Answer the same and for their good Behaviour in the mean time and shall be liable being convict to such reasonable Fine or Punishment as the County Court shall see meet according to Crime and Circumstances thereof not exceeding the Fine of five pounds for one offence or punishment by Whipping CHAP VIII Deaths Untimely Death untimly to have a Coroners quest before burial IT is Ordered by the Court and the Authority thereof That whensoever any Person shall come to an untimely or unnatural Death where no Magistrate is near the Constable of the Town shall forthwith Summons a Jury of twelve discreet men to enquire of the cause and manner of his Death who shall present a true Verdict thereof to some of the Assistants or to the County Court upon Oath and all persons are required to give notice of such untimely Death unto a Magistrate if any near or otherwise to the Constable neither shall any such person be buried before a Jury of Coroners Inquest have enquired into the cause of the said Death And if any shall presume to bury any such person before Information given and enquiry made as before they shall pay five pounds fine to the County and be rendred as suspitious of being principals or accessaries in the Death of such person Also Ordered That the return of said Jury shall be Recorded amongst the Records of the County Court and the charge to be paid out of the Estate of the person if any be Dower THat there may be competent Provision made for the certain Maintenance of Wives after the Discease of their Husbands who died Intestate wives to enjoy a third part of their deceased husbands lands It is Ordered and Enacted by this Court and the Authority thereof That every Married Woman who hath not demerited the contrary by her wilful Absence or Departure from her Husband or other notorious Fact without reconciliation to him in his life time or hath not by former Contract with her consent been Estated into some House Lands or Tenements for term of her life shall immediately after the death of her Husband according to the common Law of England for the sustenance of her self the nurture and education of her Children have Right and Interest by way of Dower in and to one third part of all such Houses and Lands as her Husband was at any time seized of during the coverture other then what Lands shee freely resigned up her Interest in to be setout to them by mets and bounds but shall not make strip or wast c. and acknowledged the same before a Magistrate To Have and to Hold unto the said Wife in severalty by Meets and Bounds for and during only the term of her life whether she had issue by her Husband or no said third part to be set out to her by persons appointed thereunto by the County Court if the persons concerned agree not Provided alwayes such Widow endowed as abovesaid shall not commit or suffer any strip or wast Debts paid one third part her personal estate but shall maintain all such Houses Fences and Inclosures as shall be assigned to her for her Dower and shall leave the same in good and sufficient Reparation in all respects the other two thirds to be disposed among the Children as per Law is provided It is also Ordered c. That all just Debts being first paid the Widow shall have one third part of her late Husbands personal Estate to be at her own absolute dispose and the other two thirds to be disposed amongst the Children as the Law is provided And where there are no Children left of the Deceased Intestate Husband there the Widow shall have the one half of the personal Estate unless the Court see just reason and cause to order it otherwise Duers no conveyance good obtained by illegal violenc IT is Enacted by this Court That no Conveyance Deeds or Promise shall be valid which hath been gotten by illegal Violence Imprisonment Threats or forceable Compulsions CHAP. IX Faires Two Fairs Annuality at Bristol IT is Ordered that there may be two Faires Annually kept at Bristol one on the third Wednesday and Thursday in May and the other the third Wednesday and Thursday in November Fences 1. ORdered That all Fences be four foot high or be otherwayes sufficient in the Judgment of the Fence viewers or for defect such Person to bear his own Damage unless the
them desirous to promote the publick Worship of God amongst them shall be assisted by the Government so as the charge in their getting and maintaining of an able faithful Preacher of Gods Word shall be raised upon the Lands Chattels and other Rateable on all the Rateable Inhabitants of any such place or other Proprietors of any such Lands or other Ratable Estate of theirs in any such place found although such Proprietors do not there reside what to be done where the Inhabitants are negligent therein and where the Inhabitants of any such place or Township are remiss and negligent to obtain an able faithful Minister or Preacher of the Word of God amongst them the General Court may and henceforth shall impose such yearly sum or sums as to them seem just and equal to be raised on all the Rateable Inhabitants of such Place or Township and gathered by the Constable and delivered to the Court of Assistants County Courts or Treasurers Order and helpt as a Stock to be disposed as the Court of Assistants or County shall Order for the Building a Meeting House or incouragement of some to Preach the Word of God amongst them And where the Minister shall scruple to receive what is raised as aforesaid yet notwithstanding it shall be gathered by the Constable and disposed of by the Court to some other pious use wherein special respect shall be had to the good of said place CHAP XIV Military Affairs FOr the better Regulating the Military Forces of this Colony and Training our Souldery for such Service as they may be called unto The Souldiers in each County to be a Regiment commanded by 〈◊〉 Serj. Major Companies their Officers 1. It is Ordered by this Court and the Authority thereof That the Souldiers whither Horse or Foot within each County in this Colony shall be a Regiment and each Regiment be Commanded by a Sergeant Major each Town having sixty Listed Souldiers to be a Company and have three Commission Officers viz. Captain Lieutenant and Ensign And other Towns and Villages where there are less number of Listed Souldiers to be commanded by such Officers as the General Court shall see cause The Major to be chosen by the General Court And how to be chosen the Captain Lieutenant and Ensign to be nominated and presented by the several Towns to the General Court by them to be approved and commissionated and all Commissions to be under the Seal of the Colony and the hand of the Governour and Subscribed by the Secretary All between sixteen sixty to attend Trainings 2. It is Ordered That all Men between sixteen and sixty years of age constantly attend all Military Trainings when duely warned under the penalty of three shillings in Money or equivolent thereunto for every neglect to be collected or for non-payment to be Destrained by the Clerk of said Company unless the next Training day after such neglect they render their excuse to their Commission Officers and they or the major part of them be satisfied therewith Who are exempted from them Notwithstanding such persons hereafter mentioned are exempt from Trainings Magistrates Ministers Physitians profest Schoolmasters Secretary of the Countrey Clerks of the County Courts and Marshals Constables constant Herdsmen and constaint Millers Master of Ships or Vessels that are most imployed beyond Sea such as have three Natural Sons that are Listed Souldiers in the Company and such as for Bodily Infirmity Excused by the County Courts and that all Persons not exempt by Law neglecting or not attending their Duties that the Clerk cannot find or that will not shew an Estate to the Clerk that he may destrain thereon such Person or Persons shall be liable to such Military punishments as the Captain and Commission Officers shall see meet How they are to be punlished who neglect Trainings refuse to pay their fines according as the neglect may be circumstanced and if they neglect two Training Dayes together or twice neglect other such Service as is Legally required of them and refuse to pay their fine or show an Estate to the Clerk or render a sufficient Excuse to the chief Officers it shall be lawful for the Captain or chief Officer to send for such Person into the Field by a Constable that there he may receive Punishment according to his Demerit and the Constables in each Town are required to yield Obedience to such Orders unless such Person shall Appeal to a Council of War and give security to prosecute the fame to abide by their determination 3. It is further Ordered That all fines for neglecting Training Watching or Warding defect in Arms and all other Military fines shall be improved for the supplying the Company with Drum or Drums and Colours Fines to be improved for supplying the Company and otherwise disposed of for the good of the Company according to the direction of the Major part of the Commission Officers of each Company 4. It is further Ordered That every Male Person within this Colony of what Ranck or Quality soever of sixteen years of Age and upwards shall alwayes be provided with How every Person of sixteen years old is to be provided with Arms and Ammunition and keep well fixt and fit for Service a good Fire lock Musquet not exceeding four foot three inches Barrel nor shorter than three foot nine inches nor under bastard Musquet Bore or to the satisfaction of the Commission Officer a Priming Wyre and Worm and also with a good Sword or Cutlase one pound of Powder twenty Bullets suitable to his Piece Bandileers or Cattouch Box and thirty Flints under the penalty of ten shillings fine for want of a well fixt Musquet and two shillings a piece for every other Defect Four dayes in a year for Exercising and how to be warned 5. Also that every Captain or chief Military Officer in every Town or Village do every year call forth the Souldiers to Exercise in Motions and Use of Arms shooting at Marks or otherwise according to his best Direction If shall be counted lawful warning if the Serjeant or Clerk by Order or Warrant from their Superior Officer give notice at a publick Town meeting or by writing set up publickly three dayes before the day appointed for Training or any other way that may be agreed on by the Major part of the company and every Souldier is to appear upon such warning compleat in his Arms at his Colours or usual place of meeting at eight aclock in the Morning and if they exceed nine a clock the time to be judged by the Commission Officers then to pay one shilling fine to the use of the Company and to be demanded and upon refusal or non payment to be Levyed by the Clerk on the Party that is the Delinquent Who are to Vote sor persons to be presented to the Court sor Commission officers 6. Ordered That all Souldiers Inhabitants of the Town that are twenty one
having Estate Real or Personal being of competent age understanding and memory Wills to be witnessed may by Will dispose thereof as he or they see cause It is therefore Ordered by this Court and the Authority thereof that all such Disposals and Testaments of Lands and Hereditaments in Writing be Sealed by the Testator or his Order in his presence before two or three substantial Witnesses that may be able to testifie that it was his Will and that he was when he so Signed Sealed or Declared it in such capacity as is above expressed and proved 〈◊〉 Court 2. Ordered That such Wills and Testaments be Exhibited to be proved by the Executor or Executors at the next County Court after the Death of the Testator if it may be An◠Inventory to be taken with the Will Recorded and that a true Inventory of the Estate duely valued be presented to be Sworn to and left to be Recorded with the Will and the Probate shall not be taken until such Inventory is presented or sufficient Bond given for the speedy performance of the same And forasmuch as some persons may be suddenly surprized that they may not have opportunity to make a written Will 3. It is Ordered by this Court That if any person do make a Will Non-cupative or a verbal Disposure of his Goods and Chattels it be before two or three good substantial Witnesses that are neither Heirs nor Legatees and they shall within three dayes commit it to Writing Wills noncupative and make Oath to it at the next County Court provided such Disposure were in his last Sickness or not above six Moneths before his Death it shall be accounted good in Law but such Will shall not be approved of or allowed until fourteen dayes after the death of the party and notice given to the Widow and next of Kin that they may contest the same if they see cause Executors to present the Will to probate 4. Ordered That if any Executor shall refuse or neglect to present the Will of any Deceased in order to a Probate more than one Moneth after the County Court that happens next after the Decease of any such person and that so refuseth or neglecteth shall pay five pounds fine to the County and so five pounds for every Moneth he shall neglect the same afterwards What in case Executors refuse their Executorship 5. Ordered That if any person shall renounce his or their Executorship it shall be in open Court or appear to the Court by sufficient Testimony or before two Magistrates the Clerk being present to Record the same in such case the Court or said two Magistrates may grant Administration to the Widow or the Widow and some other of the Kindred if the Widow refuse to some of the next Relations the desire the same if such refuse then to be granted to some one or more of the chiefest Creditors But if they do not desire the same then to be granted to such as the Court or two Magistrates shall see cause and said Writing made out to be the mind of the Testator shall be the Rule for their Administration if capable thereof In what case Executors or others Administring shal be liable to respond all debts dues 6. Ordered That if any Executors or other shall Imbezel any Estate or Alienate and Dispose of any Estate of the Deceased otherwise than for Funeral Charges and of matters necessary for the Family and for the securing of such Estate before the Probate of the Will or his having taken out Letters of Administration and presenting an Inventory of all the known Estate or giving Bond so to do in such case every person so Executing or Administring shall be liable to respond all Debts and Dues and pay all Legacies whither the Estate be sufficient or not Ordered That any Executors or Administrators after they have proved any Will or obtained Administration shall be liable to be Sued and respond for any Wrong or Damage any may sustain by reason of his or their male Administration administrators to be bound by two sufficient Sureties 7. Ordered That whosoever takes our Letters of Administration shall be bound with two sufficient Sureties that they shall Administer according to Law and if the same be neglected the County Court to take the best care therein they can for the securing the Estate and appoint Administration thereon Dispose of Inestates estate 8. Ordered That if any person shall die Intestate Funeral Charges and Debts being paid and such Sum set apart as the County Court shall see meet for the bringing up of small Children or to be allowed for any Child that is Lame Decrepit or otherwise Helpless and like to be more than ordinarily chargeable The remainder of Goods and Chattels to be disposed of as follows one third part to the Widow the other two thirds to be equally divided among the Children discounting with each Child what appears they had before received in part of their Portion saving to the eldest Son a double portion if the Lands assigned to him do not amount unto a double Portion of the whole Estate real and personal 9. Ordered also That if any person dieth Intestate having Lands in fee simple whereby such Lands descend to the Heir Male Daughters portions how paid and there be divers Daughters and no considerable Estate besides Lands when Debts are paid so that Daughters cannot have Portions in any measure according to such Intestate Estate the County Court out of which Administration of any such Estate was granted and where the Land lieth shall have power upon due consideration of such case to appoint such Heir or Heirs male to pay to the Daughters Portions at such time and in such manner and so much as to said Court shall be just and reasonable not exceeding to one Daughter the portion of any younger Brother which he hath by descent and from and by Division of the Intestate Goods and Chattels and if such Heir or Heirs if of full age or their Guardian or Guardians for such or so many as are under age shall not pay such Portion or Portions as the Court hath Ordered and Appointed and set down upon Record The clerk of said Court by order of Court shall grant Execution for such Portion or Portions to be Levied on such Lands as so descended or other sufficient Estate which shall be delivered to the Party and if it be Lands it shall be as good an Estate to Her and Her Heirs as in other case of Lands delivered on Execution Wolves ORdered That if any English man kill a Wolf in this Colony if he bring in the Head to the next Constable he shall have a Receipt of the Constable for the same and shall be allowed twenty shillings Killing of Wolves what and how to be paid And if an Indian kill a Wolf in this Colony and bring the Head to the next Constable he shall have a Receipt
Ordain and Constitute that no Act Imposition Law or Ordinance be Made or Imposed upon us at present or to come but such as shall be Enacted by consent of the body of Freemen or Associates or their Representatives legally assembled which is according to the free Liberties of the free born People of England Annually chosen by the free men 2. And for the well Governing this Colony It is also Resolved and Ordered that there be a free Electron annually of Governour Deputy Governour and Assistants by the Vote of the Freemen of this Corporation Justice to be equally and speedily administred 3. It is also Enacted that Justice and Right be equally and impartially Administred unto all not sold denied or causelesly deferred unto any None to suffer but according to Law and by due course process of Law 4. It is also Enacted that no person in this Government shall suffer or be indamaged in respect of Life Limb Liberty Good Name or Estate under colour of Law or countenance of Authority but by Virtue or Equity of some express Law of the General Court of this Colony or the good and equitable Laws of our Nation suitable for us in matters which are of a civil nature as by the Court here hath been accustomed wherein we have no particular Law of our own And that none shall suffer as aforesaid without being brought to answer by due course and process of Law 5. And that all Cases whither Capital Criminal or between man and man All Trials to be by Jury be Tried by a Jury of twelve good and lawful men according to the Commendable custome of England except where some express Law doth referre it to the judgment of some other Judg or Inferiour Court where Jury is not in which Case also any party agrieved may Appeal and have Trial by a Jury with liberty to challenge any of the Jury And it shall be in the liberty of any person that is to be tried by a Jury to challenge any of the Jurors and if the challenge be found just and reasonable by the Bench it shall be allowed and others without just exception shall be Impannelld in their room And if it be in case of Life and Death the Prisoner shall have liberty according to the Law of England to except against twenty of the Jury without giving any reason for the same what testimony required in cases 6. That no Person shall be Cast Condemned or Sentenced in any Case Capital Civil or Criminal without the testimony of two sufficient Witnesses or other sufficient Evidence or Circumstances equivolent thereunto unless in any particuler Case the Law hath otherwayes provided 7. And it is Enacted Being the Priviledge of our Charter That all Persons of the Age of twenty one Years Power to make Wills of right understanding and memory whether Excomunicated Condemned or other having any Estate properly theirs to dispose of shall have Power and Liberty to make their reasonable Wills and Testaments and other lawful Alienations of their Lands and Estates be it only here excepted That such as are sentenced for Treason against the King's Majesty An Exception or Realm of England or other Capital crimes shall forfeit to the King or Colony for the carrying on the Charge of Government their personal Estate Their Lands and real Estate being still at their disposal 8. That whereas the great and known end of the first Comers in the year of our Lord The great end of our coming into this Wilderness was Liberty to enjoy the pure worship of God without offence to others 1620. leaving their dear Native Country and all that was dear to them there transporting of themselves over the vast Ocean into this remote wast Wilderness and therein willingly conflicting with Dangers Losses Hardships and Distresses sore and not a few Wars that without offence they under the protection of their Native Prince together with the enlargement of his Majesties Dominion might with the liberty of a good Conscience enjoy the pure Scriptural worship of God without the mixture of humane inventions and impositions and that their Children after them might walk in the Holy wayes of the Lord And for which end they obtained leave from King James of happy Memory and His Honourable Council with farther Graunts from His Gracious Majesty Charles the 1. and His Honourable Council by Letters Patents for sundry Tracts of Land with many Priviledges therein contained for their better Encouragement to proceed on in so Pious a Work which may especially tend to the propagation of Religion c. as by Letters Patents more at large appeareth with further assurance also of the continuance of our Liberties and Priviledges both Civil and Religious under the Royal hand and Seal of our Soveraign Lord King Charles the II. And whereas by the good hand of our God upon us many others since the first comers are for the same end come unto us and sundry others rise up amongst us desirous with all good Conscience to walk in the Faith and Order of the Gospel whereby there are many Churches gathered amongst us walking according thereunto And whereas by the Grace of God we have now had above sixty Years experience of the good consistancy of these Churches with Loyalty to our Prince civil Peace and Order and also with spiritual Edification together with the welfare and tranquility of the Government It is therefore for the honour of God and the propagation of Religion and the continued welfare of this Colony The Churches of Christ to be protected Ordered by this Court and the Authority thereof That the said Churches already Gathered or that shall be orderly Gathered may and shall from time to time by this Government be Protected and Incouraged in their peaceable and orderly walking and the faithful able And the Ministers of the Gospel to be provided for orthodox Teaching Ministry thereof duely incouraged and provided for together with such other orthodox able Dispensers of the Gospel which shall or may be placed in any Township in this Government where there is or may be defect of Church Order All the foregoing Fundamentals inviolably to be preserved 9. And finally It is Ordered and Declared by this Court and the Authority thereof that all these aforegoing Orders and Constitutions are so Fundamentally Essential to the just Rights Liberties Common Good and Special End of this Colony as that they shall and ought to be inviolably preserved CHAP. II. Actions 1. IT is Ordered by this Court and the Authority thereof That all Actâ—ons about Title of Land shall be first Tried in the County where the Lands lieth Title of Land to be tried in the County where it lieth other Trials where one of the parties dwell Trials before a Magistrate and all other Actions Tryable at a County Court shall be Tried at any of the Counties where either Plaintiff or Defendant dwelleth or resideth as the Plaintiff pleaseth