Selected quad for the lemma: cause_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
A55222
|
The book of the general laws of the inhabitants of the jurisdiction of New-Plimouth collected out of the records of the General Court, and lately revised : and with some emendations and additions established and disposed into such order as they my readily conduce to general use and benefit by the order and authority of the General Court of New-Plimouth held at Plimouth, June 2d. anno Dom. 1685 reprinted and published, Nathaniel Clerk, secrt'.; Laws, etc. (Book of the general laws : 1685)
|
New Plymouth Colony.
|
1685
(1685)
|
Wing P2659; ESTC W479534
|
104,394
|
101
|
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
shall not extend to restrain any charitable act in relieving any Indian bona fide in any suddain Exigent of sickness faintness and not to exceed one Dram or two or by the prescription and direction of some Physitian under the hand of a Magistrate first obtained what testimony sufficient for conviction thereof And it is further Ordered That the Accusation Information or Testimony of any Indian or if there be any other probable circumstance attending it shall be accounted sufficient Conviction of any such Person or Persons suspected to give sell trade procure or furnish any such Indians with any Wine Sider strong drink or Liquors as abovesaid unless such Person or Persons shall on their Oath clear themselves thereof in which case they have that liberty granted to them unless where the circumstances do amount to a sufficient evidence against them And in case any such Offender be not able to pay their fine as abovesaid every such Offender shall be publickly whipt And for the better Execution of this Order It is Declared that such as find out and prosecute such Offenders shall have one third of the Fine and the County wherein it ariseth the other two thirds And further That it may and shall be lawful for any man to seize on any such Wine Syder Strong Drink or Liquors which he finds in the custody of any Indian or Indians and shall have if for his pains Lawful to seiz any Liquors c. found in an Indians custody if Indians falsly accufe any to be whipt provided he bsing said Indian or Indians before some one of the Magistrates or Select men of the Town to be further examined about it and if they will not truly discover where they had such Liquors or other Drink they shall be winpt And if it shall manifestly appear to the Magistrate or Court that such Indian hath wittingly falsly accused any English-man of helping him to or furnishing him with any such strong Liquors or Drink such Indians shall be whipt Jurors Grand Jury chosen impanelled 1. ORdered by this Court and the Authority thereof That the Jurors of Grand Inquest being chosen according to Warrants directed to several Towns being Returned Impannelled and Sworn to serve His Majesty thereon shall inquire into and present the Breach of such wholsome Lawes Ordinances as are of shall be here established Their Duty all such Misdemeanors as manifestly tend to the hurt and detriment of Religion Civility Peace Society or neighbour hood that they shal know or be informed of upon the restimony of any one or more witnesses upon Oath to be commited by any person or persons within this Jurisdiction and to do any other Service which on His Majesties behall be required of them at such Courts and times as by Warrants they shall be required provided no person whatsoever shall be bound to inform present or reveal any private Crime or Offence wherein there is no peril or danger to this Colony or any Member thereof when any necessary tye of Conscience binds him to secrecy unless it be in testimonies lawfully required of them Petty Jurors impannelled and sworn to find according to their Evidence 2. Ordered That petty Juries returned to any Court as before shall be Impannelled and Sworn truly to try between Party and Party and shall find the matter of Fact with the Dammage and Cost according to their Evidence or truly to try between our Soveraign Lord the King and any Prisoners brought to the Bar and the Judges shall declare the Sentence or direct the Jury to find according to Law And in all Cases where the Law is Obscure so as the Jury cannot be fatisfied therein they have liberty to present a special Verdict viz. If the Law be so in such a point we find for the Plantiff Liberty to give a special Verdict but if the Law be otherwife we find for the Defendant In which Case the Determination doth properly belong to the Court And all Juries shall have liberty in matter of Fact if they cannot find the main Issue yet to find and presentin their Verdict so much as they can Jurors to be fined for neglecting to attend the court and at the first sitting thereof 3. Ordered That any Jury-man being orderly chosen and returned to serve at any Court and shall neglect to attend at such Court as he is warned to at the first sitting thereof or that after they are Impannelled and Sworn shall not duly attend any of said Courts and such Service as belong to them they shall be fined as the Court that hath the Cognizance thereof shall see cause not exceeding twenty shillings for one Offence but if Circumstanced with contempt to be punisht according to the nature of such contempt as the Judges shall see meet The penalty of a grand Jury-Man Ordered That whosoever shall refuse to serve in the Office of a Grand Jury-man shall pay forty shillings fine to the Town and the Town to choose another in his room Ordered That every Grand Jury man be paid by their Respective Towns two shillings six pence for every day they have necessarily attenced such service Court appoint persons to attend such Service If there be want of Jury men to make up the number the Court to appoint and require Persons to attend such service on penalty not exceeding twenty shillings unless in case of contempt See more of Jurors Title Clerks CHAP XII Lands Inheritances land to be held according to the tenor of East Greenwich 1. IT is Ordered by this Court and the Authority thereof That whatsoever Lands have or shall be Graunted by the Court to the respective Townships or to any particular Persons either by the Court or particular Townships shall be Held to them their Heirs Successors and Assignes for ever according to the most free Tenour of East Greenwich in the County of Kent in the Realm of England as Graunted to us in our Patent or Charter Lands intailed to descend according to the Law of Engl. 2. It is Ordered and Declared by this Court and the Authority thereof That all Lands heretofore Intailed and that shall be Intailed hereafter shall descend and enure as by the Law of England the same ought to do 3. It is Ordered and Declared c. That all the Sons of any Person having Lands in see simple who are Heirs shall be Heirs paying and satisfying in case as is by Law provided the Eldest Son shall have double to any of his Brethren and all the younger equal Shares of the Land of their Ancestors and where there is but one Son he shall be sole Heir paying and satisfying as aforesaid And where there is no Son all the Daughters shall Inherit alike All Brethren Heirs to him that dies without issue 4. And that all the Brethren of the whole Blood shall be Heirs to any Person dying without Issue the Eldest Brother to have