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
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
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
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
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
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
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
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