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
him Forreign Plaintiffs to put in security 1. And it is further Ordered that in all Attachments of Goods and Chattels or of Lands and Hereditaments legal notice shall be given to the party or left in writing at his house or place of usual abode otherwise the suit shall not proceed notwithstanding if he be out of this Jurisdiction the cause shall then proceed to tryal Execution respited but Judgement shall not be entred before the next Court and if the Defendant do not then appear Judgement shall be entred but Execution shall not be granted before the Plaintiff hath given security to be responsal to the Defendant if he shall reverse the Judgement within one year or such further time as the Court shall limit 2. And it is hereby Declared that no Summons Pleading Judgement L. 1. p. 49. or any kinde of proceeding in Courts or course of justice shall be abated arrested or reversed upon any kinde of circumstantial errours or mistakes Circumstantiall errours if the person and cause be rightly understood and intended by the Court. And in all Cases where the first Summons are not served six dayes inclusively before the Court and the Case briefly specified in the Warrant Summons to be served six dâ—yoâ— before the Court where appearance is to be made by the party Summoned it shall be at his liberty whether he will appear or not except all cases that are to be handled in Court suddenly called on extraordinary occasion 3. And whereas Suits at Law A. 51. p. 1 In whose name to take out precess many times such as do prosecute the same in their own name in procuring the process intend and do declare in the name and on the behalf of others viz. as Executors Administrators Assignes Atturnies Guardians Agents or the like which is not only improper but tendeth also to uncertainty for prevention whereof It is Ordered That henceforth the Original process whether Summons or Attachments shall express in whose name the Plaintiff sueth whether in his own name or as Executor of the last Will and Testament of such a man or Administrator of the Goods and Chattels of such a man or Assigne Atturney Guardian or Agent of such a man or the like or otherwayes if exception be taken before the parties joyn issue it shall be good and the Plaintiff shall be liable to pay cost 1641. 44. 47. 51. Marshalls may serve Attachments VVHereas it hath been commonly practised that Attachments have been directed to the Marshall to be served in any Town under the Jurisdiction of that Court whereof the Marshall is Officer notwithstanding the Law doth Order that all Attachments shall be directed to the Constable in such Towns where no Marshall dwells Marshalls may serve Attachments It is hereby Ordered and Declared That the said Custome shall be accounted legal and shall not abate the Proceeding or Tryal of any Cause Provided no more Costs be charged on the Defendant then by Law are due to Constables for serving Attachments 1662 BAKERS IT is Ordered by this Court and Authority thereof That henceforth every Baker shall have a distinct mark for his Bread and keep the true Assizes as hereafter is expressed viz. when Wheat is ordinarily sold for money at these several Rates hereafter mentioned the penny white loaf by averdupois weight when Wheat is by the bushel at 3 s. 0 d. the white 11 ounces 1 qr wheat 17 ounces 1 qr houshold 23 ounc 0. at 3 6 10 1 15 1 20 2. Weight of Bread at 4 0 09 1 14 0 18 2. at 4 6 08 1 11 3 16 2. at 5 0 07 3 11 2 15 2. at 5 6 07 0 10 2 14 0. at 6 0 06 2 10 0 13 0. at 6 6 06 0 09 2 12 2. And so proportionably under the penalty of forfeiting all such Bread as shall not be of the several Assizes aforementioned to the use of the poor of the Town where the offence is committed and otherwise as is hereafter expressed and for the better execution of this present Order there shall be in every Market Town Clerk of the Market and all other Towns needfull one or two able persons annually chosen by each Town who shall be sworn at the next County Court or by the next Magistrate unto the faithful discharge of his or their Office who are hereby Authorized to enter into all houses either with a Constable or without Their power where they shall suspect or be informed of any Bread baked for sale and also to weigh the said Bread as oft as they see cause and seize all such as they finde defective As also to weigh all Butter made up for sale and brought unto or being in the Town or Market to be sold by weight which if found light after notice once given shâ—ll be forfeited in like manner The like penalty shall be for not marking all Bread made for sale A. 52. p. 8. And the said Officer shall have one third part of all forfeitures for his pains the rest to the poor as aforesaid 1646. 2. Whereas it appears to this Court that there is much deceit used by some Bakers and others who when the Clerk of the Market cometh to weigh their Bread pretend they have none but for their own use and yet afterward put their Bread to sale which upon tryal hath been found too light for prevention of such abuses for time to come It is Ordered that all persons within this Jurisdiction who shall usually sell Bread within doors or without shall at all times hereafter To prevent deceit in Bakers have all their Bread that they either put to sale or spend in their families made of the due Assizes marked and yielded to tryal of the said Clerk as is directed in the Order aforesaid under the penalty therein exprest 1652. BALLAST IT is Ordered by this Court and the Authority thereof That no Ballast shall be taken from any Town shore by any person whatsoever Ballast not to be taken without leave without allowance under the hands of the Select men upon the penalty of six pence for every shovel full so taken unless such stones as they had laid there before It is also Ordered That no Ship nor other Vessel shall cast out any Ballast in the Channel or other place inconvenient in any Harbour within this Jurisdiction upon the penalty of ten pounds nor cast into the Channel 1646. BARRATRY IT is Ordered and Decreed and by this Court Declared That if any man be proved and judged a common Barrater vexing others with unjust Barratry frequent and endless suits it shall be in the power of the Court both to reject his Cause and to punish him for his Barratry 1641. BENEVOLENCE IT is Ordered That this Court hereafter will grant no Benevolence except in forreign occasions and when there is Money in the Treasury sufficient and our debts first satisfied 1641. It is Ordered by this
Cattle or otherwise voluntarily Trespass upon his neighbours ground and if the party damnified finde the Cattle damage feizant he may impound or otherwise dispose of them 1642 FENCE VVHereas the Laws published concerning Fences and Cattle being in the second Edition transported from their first order and method much difficulty doth many times arise concerning the true meaning thereof whereby great damages do accrew to many of the Inhabitants and consequently to the Country For prevention whereof This Court doth Order and Enact That where any Cattle shall Trespass on any propriety Fence to secure Corn Fields not appearing to be sufficiently Fenced against Swine sufficiently yoaked and ringed or Cowes and such Cattle as will be restrained by a sufficient Fence in the judgement of the viewers of the Fences as Pag. 11. Sect. 6. in all such cases the Owners of the Fence or of the Land shall bear all such damages as to them thereby sustained any thing in the said Order or any other Law Custome or Usage to the contrary notwithstanding 1662 Causes Small Causes One Magistrate may end causes under 40. s. FOR easing the Charge and Incumbrance of Courts by small Causes It is Ordered by this Court and Authority thereof That any Magistrate in the Town where he dwells may hear and determine by his discretion not by Jury according to the Laws here established all causes arising in that County wherein the Debt Trespass or Damage doth not exceed Forty shillings who may send for parties and witnesses by Summons or Attachment directed to the Marshall or Constable who shall faithfully execute the same Three Commissioners in Towns to end small causes And it is further Ordered that in such Towns where no Magistrate dwells the Court of Assistants or County Court may from time to time upon request of the said Towns signified under the hand of the Constable appoint three of the Freemen as Commissioners in such cases any two whereof shall have like power to hear and determine all such causes wherein either party is an Inhabitant of that Town who have hereby power to send for Parties and Witnesses by Summons or Attachment directed to the Constable as also to Administer Oaths to Witnesses and to give time to the Defendant to Answer if they see cause and if the Party Summoned refuse to give in his Bond or Appearance or sentenced refuse to give satisfaction where no goods appear in the same Town where the Party dwells they may charge the Constable with the party to carry him before a Magistrate or Shire Court if then sitting to be further proceeded with according to Law L. 1. p. 46. but the said Commissioners may not commit to Prison in any case And where the Parties live in several Towns the Defendant shall be liable to be sued in either Town at the liberty of the Plaintiffe 2. And forasmuch as the Magistrates are under an Oath of God for dispensing equal justice according to Law It is Ordered by the Authority aforesaid that all Associates for County Courts when and where there shall be any and all such Commissioners Authorized as aforesaid Associates and Commissioners to be sworn shall be sworn before each County Court or some Magistrate in that County unto the faithful discharge of the trust and power committed to them And it is further Ordered That in all small Causes as aforesaid where only one Magistrate dwells in the Town and the Cause concerns himself as also in such Towns where no Magistrate is and the Cause concerns any of the three Commissioners that in such cases the Select men of the Town shall have power to hear and determine the same Select men to try Causes and also to graunt execution for the levying and gathering up such damages for the use of the person damnified as one Magistrate or three Commissioners may do And no Debt or Action proper to the Cognizance of one Magistrate or the three Commissioners as aforesaid L. 1. p. 4. shall be received into any County Court but by Appeal from such Magistrate or Commissioners County Court to reject all Actions under 40. s. except in cases of Defamation and Battery 1647. 49. 3. Whereas by reason of the concourse of People and increase of trade in the Town of Boston Suits at Law are grown more frequent A. 51. p. 6. where the County Courts are much prolonged and forasmuch as many crimes are also committed in the said Town by strangers and others which often escape unpunished For the prevention whereof Commissioners of Boston It is Ordered by this Court and the Authority thereof that there be seven Freemen resident in Boston annually chosen by the Freemen of the said Town and presented to the Court of Assistants who hereby have power to Authorize the said seven Freemen to be Commissioners of the said Town to act in things committed to their trust Chosen as is hereafter expressed who shall from time to time be sworn before the said Court Sworn or the Governour Deputy Governour or any two Magistrates And this Court doth hereby give and graunt Commission and Authority unto the said seven men or any five of them or any three of them with one Magistrate to hear and determine all Civil Actions which shall be brought before them not exceeding the sum of Ten Pounds Power in civil Cases to ten pounds arising within the neck of Land on which the Town is Scituate as also on Noddles Island or betwixt any persons where both parties shall be Inhabitants or Residents within the said Neck or Noddles Island aforesaid or where either party shall be an Inhabitant or Resident aforesaid Provided they keep a Book of Records for the entry of all Causes Evidences Testimonies Sentences and Judgements as the Law provides in like Cases which said Commissioners are Authorized annually to appoint a Clerk of their Court and to demand and receive of every Plaintiffe in all Cases or Actions not exceeding Forty shillings the sum of three shillings four pence and for all other Actions the sum of ten shillings and for all other things the accustomed fees and the said Commissioners shall from time to time publish their Court dayes as the three Commissioners in Towns are bound to And for the discovery prevention and punishment of Misdemeanours in the Town of Boston In Criminal Cases Power and Authority is hereby given and granted to the said Commissioners and every of them by Warrant under their or his hand to convent before them or any of them all such persons as shall be complained of for such offences or otherwise brought to their cognizance and to hear and determine the same according to the Laws here established as any Magistrate may do Provided the fines imposed by them do not exceed forty shillings for one offence And that the said Commissioners may the better and more diligently endeavour the suppressing of sin and misdemeanours and the breach
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
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
cases doth require BRIDGES THis Court considering that Bridges in Country High-wayes are for the benefit of the Country in general and that it may be unequal to lay the charge thereof on particular Towns Bridges to be made repaired by the County Doth Order that from time to time upon information or complaint to each County Court of the necessity or defect of any Bridge or Bridges as aforesaid the Court shall appoint a Committee to view and determine the same and the charges shall be proportioned by the Magistrates in each County Court to be levied upon the Several Towns in each County according to the direction of the Law for Country Rates 2. The Court considering the great danger that Persons Horses Teams are exposed to L. 2. p. 3. by reason of defective Bridges and Country High-wayes in this Jurisdiction Doth Order and Declare That if any person at any time lose his life in passing any such Bridge or High-way after due warning given unto any of the Select men of the Town in which such defect is in writing under the hand of two witnesses or upon presentment to the Shire Court of such defective Wayes or Bridges that then the County or Town which ought to secure such Wayes or Bridges Penalty for damage received by the insufficiency of Bridges shall pay a fine of one hundred pounds to the Parents Husband Wife or Children or next of Kin to the party deceased And if any person lose a Limb break a Bone or receive any other bruise or breach in any part of his Body through such defect as aforesaid the County or Town through whose neglect such hurt is done shall pay to the party so hurt double damages the like satisfaction shall be made for any Team Cart or Cartage Horse other Beast or Loading proportionable to the damage sustained as aforesaid 3. And for the prevention of danger A. 58. which may come by the insufficiency of Bridges and Passages which lye upon Town High-wayes the care whereof doth belong either to the Town or particular Persons to repair who many times cannot procure Workmen to do the same Power to press workmen to repair Bridges It is therefore Ordered by this Court That upon the complaint of any such Town or Person to any one Magistrate he shall hereby be impowred to issue out Warrants to the Constable to impress such Workmen in their Town-ship as shall be needful to secure and repair the same who shall be paid for their work either by the Town or Persons to whom such Bridges or Passages do belong 1648. 51. 59. Burglary and Theft Robbing in house high-wayes penalty FOrasmuch as many Persons of late years have been and are apt to be injurious to the Goods and Lives of others notwithstanding all care and means to prevent and punish the same It is therefore Ordered by this Court and the Authority thereof That if any Person shall commit Burglary by breaking up any dwelling house or rob any person in the field or high-wayes such person so offending shall for the first offence be branded on the forehead with the letter B and if he shall offend in the same kinde the second time he shall be branded as before and also be severely whipped and if he shall fall into the like offence the third time he shall be put to death as being incorrigible On the Lords day And if any person shall commit such Burglary or rob in the fields or houses on the Lords day besides the former punishment of Branding he shall for the first offence have one of his ears cut off and for the second offence in the same kinde he shall lose his other ear in the same manner and for the third offence he shall be put to death 1642. 47. Rob Orchard or Garden or steal goods 2. For the prevention of Pilfering and Theft It is Ordered by this Court and the Authority thereof That if any person be taken or known to rob any Orchard or Garden that shall hurt or steal away any Grafts or fruit Trees Fruits Linnen Woollen or any other goods left out in Orchards Gardens Back-sides or in any other place in house or fields or shall steal any wood or other goods from the waterside pay treble damage from mens doors or yards he shall forfeit treble damage to the owners thereof or be whipt And if they be children or servants that shall trespass herein if their parents or masters will not pay the penalty before exprest they shall be openly whipped And forasmuch as many times it so falls out that small thefts and other offences of a criminall nature are committed both by English and Indians in towns remote from any prison or other fit place to which such malefactors may be committed untill the next Court. One Magistrate may determine such easès It is therefore ordered that any magistrate upon Complaint made to him may hear and upon due proof determine any such small offences of the aforesaid nature according to the Laws here established and give warrant to the Constable of that Town where the offender lives to levy the same Provided the damage or fine exceed not forty shillings Provided also it shall be lawfull for either party to Appeal to the next Court to be holden in that Jurisdiction giving sufficient caution to prosecute the same to effect at the said Court. And every Magistrate shall make a return yearly to the County Court where he liveth of what cases he hath so ended Magistrate and Constables to return to the County Court And also the Constables of all such fines as they have received And where the offender hath nothing to satisfie such Magistrate may punish by stocks or whipping as the cause shall deserve not exceeding ten stripes It is also Ordered Servants and Workmen that all Servants and Workmen imbezling the goods of their Masters or such as set them on work shall make restitution and be lyable to all Laws and penalties as other mèn 1646. 3. It is further Ordered by this Court A. 52. p. 10. That what person soever shall steal from any person any Coyn Goods or Chattels to the value of ten shillings or upward shall be whipt or pay such a sum or sums of money as the Court or Magistrate Stealing above ten shillings that hath proper cognizance thereof shall adjudge to be sufficient to satisfie all costs and charges of the Court and Country in prosecuting and trying the said offender to the use of the common Treasury and for smaller thefts Constable to make search for goods stolen it is left to the discretion of the Judge or Judges that shall have cognizance of the crime to appoint smaller mulcts or punishments or only legal Admonitions as they shall finde cause And further it is declared and Ordered That when any Goods are stolen from any person the Constable of the Town by warrant from Authority
as an addition to the Law tit Gaming c. Penalty for Gaming This Court doth Declare and be it Ordered by the Authority thereof That what person or persons soever shall bring into this Jurisdiction any playing Cards or Dice or with whomsoever such Cards or Dice be found in his or their Custody he or they shall pay as a fine the sum of five pounds the one half to the Treasurer the other half to the Informer But in case any such Cards or Dice shall come into the custody of any person without his knowledge or consent he shall carry them to the next Magistrate or Commissioner within two dayes after his knowledge of them to dispose of them as the said Magistrate or Commissioner shall see cause any such person shall be free from the penalty And if any person that hath played or gamed and shall give Information thereof he shall be freed from the penalty of the Law to pay treble damage but shall have no further benifit of the Law by his information And also any such persons Testimony shall be good in Law for one Testimony against any that shall break this Law And it is also Declared that it is and shall be in the liberty of the Court or Judges that shall determine any such case to punish the transgressor or transgressors of the Law by imposing the fine or otherwise by corporal punishment as they shall judge best any Law Usage or Custome to the contrary notwithstanding 1670. Heresie Error ALthough no Humane power be Lord over the Faith and Consciences of men yet because such as bring in damnable Heresies tending to the subversion of the Christian Faith and destruction af the Souls of men ought duely to be restrained from such notorious impieties It is therefore Ordered and Declared by the Court That if any Christian within this Jurisdiction shall go about to subvert and destroy the Christian Faith and Religion by broaching and maintaining any damnable Heresies As denying the immortality of the Soul or resurrection of the Body or any sin to be repented of in the regenerate or any evil done by the outward man to be accounted sin or denying that Christ gave himself a Ransome for our sins Errors or shall affirm that we are not justified by his death and righteousness but by the perfections of our own works L. 1. p. 2. or shall deny the Morallity of the fourth Commandment Anabaptists or shall purposely depart the Congregaaion at the administration of that Ordinance or shall deny the Ordinance of Magistracy or their lawful Authority to make War or to punish the outward breaches of the first Table Obstinate to be banished or shall endeavour to seduce others to any of the Errors or Heresies abovementioned every such person continuing obstinate therein after due means of conviction shall be sentenced to Banishment 1646. 44. 2. The Holy Scriptures of the Old and New Testament A. 57. p. 7.8 being written by the Prophets Apostles and Holy men of God inspired by the Holy Ghost containing in them the infallible and whole Will of God which he purposed to make known to Man-kinde both for his own Worship and Service and also for the Instruction Obedience Faith and Salvation of Man which yet by Hereticks in former ages and now of late have been opugned and denied so to be which tends to the overthrow of all true Religion and Salvation for the prevention of so hainous a crime It is Ordered by this Court and the Authority thereof That what person or persons soever professing the Christian Religion above the age of sixteen years that shall within this Jurisdiction wittingly and willingly at any time after the publication of this Order deny either by Word or Wrighting any of the Books of the Old-Testament As Genesis Exodus Leviticus Numbers Deuterenomy Joshua Judges Ruth Samuel Samuel Kings Kings Chronicles Chronicles Ezra Nehemiah Esther Job Psalms Proverbs Ecclesiastes Canticles Isaiah Jeremiah Lamentations Ezekiel Daniel Hosea Joel Amos Obadiah Jonah Micah Nahum Habbakuk Zephaniah Haggai Zechariah Malachi Or New as Matthew Mark Luke Iohn Acts Romans Corrinthians Corrinthians Galathians Ephesians Philippians Colossians Thessalonians Thessalenians Timothy Timothy Titus Philemon Hebrews Iames Peter Peter Iohn Iohn Iohn Iude and Revelation To be the written and infallible Word of God Denying the Scripâ—â—â—e to be the word of God Or if any person as aforesaid belonging to this Jurisdictton shall commit the said crime upon the Sea not being or belonging to the Jurisdiction of any other Common-wealth shall be forthwith apprehended by the next Officer or Officers whether Marshal or Constable or their Deputy who shall have power so to do by warrant from any one of the Magistrates and shall be committed to the Prison at Boston without Bale or Mainprize there to be safely kept till the next County Court where upon sufficient Testimony brought against the said Delinquent he shall be adjudged for his offence after legal conviction to pay such a fine as the Court which shall have cognizance of the crime shall judge meet not exceeding the sum of fifty pounds Penalty or shall be openly and severely whipt by the executioner whether Constable or any other appointed not exceeding forty strokes unless he shall publickly recant before his Sentence which if he do he shall not pay above the fine of ten pounds to the Treasurer for the use of the Common-wealth or be whipt in case he pay not the fine And it is further Ordered and Enacted That if the said Offender after his Recantation Sentence or Execution shall the second time publish and Obstinately and Pertinaciously maintain the said wicked Opinion he shall be Banished or put to Death as the Court shall Judge 1651. 3. It is Ordered A. 54. p. 7. that all and every of the Inhabitants of this Jurisdiction that have any of the Books in their Custody that go under the names of â—ohn Reeves Muggletons books to be delivered in to some Magistrate and Lodowick Muggleton who pretends themselves to be the two last Witnesses and Prophets of Jesus Christ which are full of Blasphemies and shall not bring or send in all such Books in their Custody to the next Magistrate shall forfeit the sum of ten pounds for every such Book found in his hand the one half to the Informer the other half to the Country to be burnt And as many of the said Books as are or shall be in Custody shall be burnt in the Market place at Boston on the next Lecture day by the Common Executioner 4. Whereas there is a cursed Sect of Hereticks lately risen up in the World A. 56. p. 13. which are commonly called Quakers who take upon thâ—m to be immediately sent of God and infallibly assisted by the Spirit to speak and write Blasphemous Opinions dispising Government and the Order of God in Church and Common-wealth Quakers speaking evil of Dignities reproaching and reviâ—ing
Court Provided alwayes it occasion not the pulling down of any Mans House or laying open any Garden or Orchard and in Common Grounds or where the Soyle is wet myrie or very rocky shall lay out such High-wayes the wider viz. six eight ten or more Rods. Satisfaction to be given proprietor Provided that if any Man be thereby damaged in his improved Ground the Town shall make him reasonable satisfaction by estimation of those that laid out the same and if such persons deputed cannot agree it shall be referred unto the County Court of the Shire who shall have power to heat and determine the Case And if any person finde himself justly grieved with any act or thing done by the persons deputed aforesaid he may Appeal to the County Court aforesaid but if he be found to complain without cause he shall surely pay all charges of the parties and Court during that Action and also be fined to the Country as the Court shall adjudge 1639. Private wayes in Towns 2. It is Ordered and Declared by this Court That the Select Townsmen of every Town have power to lay out by themselves or others particular and private wayes concerning their own Town only so as no damage be done to any man without due recompence to be given by the judgement of the said Select men Private wayes in Townâ— and one or two chosen by the said Select men and one or two chosen by the party and if any person shall finde himself justly grieved he may Appeal to the next County Court of that Shire who shall do justice therein as in other Cases 1642. Incumbrance in High-wayes to be removed 3. Vpon information that divers High-wayes are much annoyed and incumbred by Gates and Rails erected upon them It is Ordered by the Authority of this Court That upon any information or complaint made to any County Court or to any Magistrate of any such Gates or Rails erected or to be erected upon any Common High-way the said Court or Magistrate shall appoint a Committee of discreet and indifferent men to view such incumbrance and to Order the reformation thereof And if the parties whom it shall concern shall not submit to such Orders they shall require them to appear at the next Court of that Shire and also shall certifie the incumbrance found and Order by them made under their hands unto the said Court or appear in person to prosecute the cause where it shall be heard and determined for ease and conveniency of Travellers with due respect to the Proprietors cost and damage but no person shall stand charged with the repair of common High-wayes through his own Ground 1647. HORSES MARES IT is Ordered by this Court and Authority thereof L. 2. p. 11. That no Master or Commander of any Ship or Barque shall receive on board his Ship or Vessel any Horse Gelding or Mare but such as shall be entred into a Book with the colour particular marks and age as near as may be known and person of whom such Horse was last bought Horses to be transported to be entred in a Book and proof by Witness or Oath that he was the true owner thereof to be kept by the Clerks of the Writs in all their Towns who are hereby Authorized to view all such as shall be shipped and for every Horse so entred there shall be paid to the said Officers by the Owner or Merchant of such Horse six pence a piece And every Commander or Master of any Vessel who shall take on board any other Horse or Mare except such as he shall receive a Note under the hand of the said Clerk and be entred as aforesaid Penalty shall for every such offence forfeit the Sum of forty shillings to the Informer and forty shillings to the Treasury 1649. No Horsâ—â— to 〈◊〉 sold to Indians It is Ordered that no person shall under any pretence sell or any way dispose any Horse Mare or Colt to any Indian upon the penalty of one hundred pounds 1655. VVHereas the Breed of Horses in the Country is utterly spoiled whereby that useful Creature will become a burthen which otherwise might be benificial and the occasion thereof is conceived to be through the smalness and badness of Stone Horses and Colts that run in Commons and Woods For prevention whereof This Court doth Order and Enact and be it Ordered and Enacted by the Authority hereof Order for the best improvment of stone Horses That no Stone Horse above two years old shall be suffered to go in Commons and Woods at liberty unless he be of comely proportion and sufficient stature not less then fourteen Hands high reckoning four Inches to a Handful and such a Horse to be viewed and allowed by the major part of the Select men of the Town where the owner lives And if any person or persons turn any Stone Horse upon the Commons or at liberty or in the Woods being not viewed and allowed as before he or they shall forfeit twenty shillings a Month for every Stone Horse running at liberty after he is a two years old which penalty is to be taken by Warrant of the Select Men and imployed to the Towns use and if the Select Men of any Town do neglect their duty in taking their fines and viewing such as are brought in according to this Law they shall forfeit twenty shillings to the County Treasury and this Law to be in force the first of October next 1668. Idle Persons VVHereas in the Law tit House of Correction Idle persons are particularly named as such as the Law intendeth should be committed to that House for Correction and Reformation This Court taking notice upon good information and sad complaints that there are some persons in this Jurisdiction that have Families to provide for who greatly neglect their Callings or mispend what they earn whereby their Families are in much want and are thereby exposed to suffer and to need relief from others This Court for remedy of these great and unsufferable evils do Declare that by Idle persons mentioned in the recited Law such neglectors of their Families are comprehended amonst the rest and that in a special manner 1668. Constable to take notice of Idle persons IT is Ordered that no person House-holder or other shall spend his time Idely or unprofitably under pain of such punishment as the County Court shall think meet to inflict And the Constables of every Town are required to use special care to take notice of Offenders in this kinde especially of common Coasters unprofitable Fowlers and Tobacco takers and present the same to the next Magistrate who is hereby impowred to hear and determine the cause or transfer it to the next Court. 1633. JESVITES THis Court taking into consideration the great Wars Combustions and Divisions which are this day in Europe and that the same are observed to be raised and fomented chiefly by the secret underminings and solicitations of
Trader paying to the Country Treasurer several sums appointed c. three shillings for every Gun three shillings for every dozen of Rapier or Sword blades and so proportionably for any quantity that he or they shall sell to any Indian or Indians and every such person allowed to Trade as aforesaid shall upon Oath deliver to the Treasurer a true and just account of the particulars of the abovementioned Commodities by him or them sold unto any Indian or Indians And it is further Ordered that any person allowed as before that shall be convicted before any two Magistrates or County Court of selling or bartering any of the forementioned Commodities unto any Indian whereof he or they have not given a true and just account and made due payment unto the Treasurer as is above expressed every such person or persons shall forfeit to the publick Treasury five pounds sterling for every pound of Powder five pounds for every ten pounds of Shot or Lead ten pounds for every Gun great or small and ten pounds for every dozen of Rapier or Sword blades and so proportionably for any quantity of the aforesaid Commodities sold or bartered by him or them to any Indian or Indians and all persons except such as are allowed are hereby prohibited from selling any of the forementioned Commodities unto any Indian or Indians upon the penalty expressed in the Law tit Indians Sect. 2. And this Order to continue in force during the Courts pleasure any Law or Order to the contrary notwithstanding 1668. INDITEMENTS IT is Ordered by this Court That no person shall be Indited A. 52. p. 10. Presented Informed against or Complained of to any Court or Magistrate within this Jurisdiction for the breach of any penal Law or any other misdemeanour the forfeiture whereof belongs to the Country Complaints and Presentments to be made within a year unless the said Inditement or Complaint be made and exhibited within one year after the offence be committed and if any such Inditement Presentment Information or Complaint be not made within the time limited then the same shall be void and of none effect Provided alwayes this Law shall not extend to any Capital Offences nor any Crimes that may concern loss of Member or Banishment or to any Treasonable Plots or Conspiracies against the Common-wealth nor to any Felonies above ten shillings nor shall it hinder any person grieved or that hath any wrong done to him or his Wife Children or Servants or Estate real or personal but that every such person shall have such remedies as formerly he might or ought to have 1652. In-keepers Ordinaries Tipling Drunkenness FOrasmuch as there is a necessary use of Houses of Common Entertainment in every Common-wealth and of such as Retail Wine Beer and Victuals yet because there are so many abuses both by persons entertaining and by persons entertained None to keep Ordinaries without License It is therefore Ordered by this Court and Authority thereof That no person or persons shall at any time under any pretence or colour whatsoever undertake to be a Common Victualler Keeper of a Cooks shop or House for Common Entertainment Taverner or publick Seller of Wine Ale Beer or Strong-waters by Retail nor shall any sell Wine privately in his House or out of doors by a less quantity then Quarter Cask without approbation of the Selected Townsmen and Licenâ—e of the County Court where they dwell A. 58. upon pain of forfeiture of five pounds for every such offence or Imprisonment at the pleasure of the Court. Liberty to sell Win c Strong-waters by tetail Provided it shall be lawful for any whole sale Merchant of Wines or the present Stillers of Strong-waters being Masters of Families or such as receive the same from forreign parts in Cases c. or makers of Cyder to sell by Retail Provided the quantity of Wine and Cyder be not less then three Gallons at a time to one person nor Strong-waters less then a quart and that it be only to Masters of Families of good and honest report or persons going to Sea and they suffer not any person to drink the same their Houses Cellars or Yards Ordinaries I have Sighes And every person so Licensed for Common Entertainment shall have some inoffensive Sign obvious for direction of Strangers and such as have no such Signe after three Months so Licensed shall lose their License and others be allowed in their stead 2. And every person Licensed to keep an Ordinary L. 2. p. 13. shall alwayes be provided of Strong Wholsome Beer A. 51. p. 4. of four Bushels of Malt at the least to a Hogshead A. 53. p. 19. which he shall not sell at above two pence the Ale quart upon penalty of forty shillings for the first offence To be alwayes provided with strong Beer aâ—d per quart and for the second offence to lose his License And it is permitted to any that will to sell Beer out of doors at one penny the Ale quart or under VVHereas the Law tit In-keepers Sect. 2. hath provided that every person Licenced to keep an Ordinary shall alwayes be provided of strong wholsome Beer of four Bushels of Malt at the least to a Hogshead which was Intended and is hereby Declared to be of good Barly Malt not to be sold for above two pence the Ale quart on penalty as in the said Law is expressed notwithstanding which many keepers of Inns and Ordinaries as regardless of the said Law or of the debasing of the produce of the Country take liberty to make and sell Drink Brewed of or mixed with Melasses course Sugar or other Materials to the damage just offence and prejudice of sundry persons Four Bushels of Barly Malt in a Hogshead It is therefore Ordered by this Court and the Authority thereof that no person Licensed as aforesaid shall after publication hereof sell or any wayes utter any Beer Ale or Drink instead thereof by Retail that is not made altogether of good Barly Malt without any mixture of Melasses course Sugar or other Materials instead of Malt on penalty of five pounds for every such offence one half to the Informer the other half to the County where such offence shall be committed besides the penalties in the former recited Law expresses on Complaint to any Magistrate County Court or Commissioner for Boston unless the party complained of shall legally prove his or her Innocency therein in which case it shall be in the liberty of the Authority as aforesaid to accept the Oath of such person if tendred to him or them if they see cause And the Authority aforesaid are hereby impowred to hear and determine such Complaints any Law Custome or Usage to the Contrary notwithstanding 1667. 3. And no Licensed person as aforesaid L. 1. p. 30. shall suffer any to be Drunk or to Drink Excessively viz. above half a pint of Wine for one person at a time
Not to permit any to be Drunk c. or to continue Tipling above the space of half an hour or at unseasonable times or after nine of the Clock at night in or about any of their Houses on penalty of five shillings for every such offence And if any person Licensed to sell Wine or Beer as aforesaid L. 2. p. 6. shall conceal in his House any person that shall be found Drunken and shall not forthwith procure a Constable to carry such Drunken person before some Magistrate or Commissioner Not to conceal Drunkards and in the interim the said Vintner or Drawer of Beer shall make stay of such persons till the Constable shall come under the penalty of five pounds for every default 4. And every person found Drunken L. 1. p. 30. viz. so as he be thereby bereaved or disabled in the use of his understanding appearing in his speech or gesture in any of the said Houses or elsewhere shall forfeit ten shillings and for excessive Drinking three shillings four pence and for continueing above half an hour Tipling two shillings six pence and for Tipling at unseasonable times Drunkeness Tipling the â—enalty or after nine of the Clock at night five shillings for every Offence in those particulars being lawfully convict thereof and for want of payment they shall be imprisoned till they pay or be set in the Stocks one hour or more in some open place as the Weather will permit not exceeding three hours 5. And if any person be found Drunken by night or by day L. 2. p. 6. or shall in his Drunkenness offer any abuse to the Constable or others either by striking or reviling him or them or using any endeavours by himself or others to make an escape it shall be in the power of the Constable to commit such person or persons to safe keeping or imprisonment or take Bond for his appearance as he shall see cause and the Keepers of each Prison upon Warrant from any Magistrate or Commissioner or Select men shall receive all such as shall be so committed and take but twelve pence for his fee in such cases And the Constable shall inform the next Magistrate thereof but if no Magistrate be in Town Convented bâ—fore some Mâ—â—â—â— Commissioner of Select men he shall convent such person or persons before one or more of the Commissioners for ending small causes and where no Commissioners are before any one or more of the Select men of the Town who have power given them to do as any one Magistrate may do in like case Provided nevertheless if any such Delinquent shall confess his fault and pay his fine and other charges the Constable shall receive it and dismiss the offender and every person hereby Authorized to receive the fines aforesaid shall forthwith make return to the Treasurer of the County where such offence is committed of what he hath done and received in such cases 6. It shall be lawful notwithstanding for all Licensed persons to entertain Land-travellers or Sea-faring men in the night season L. 1. p. 30. when they come on shore or from their journey for their necessary refreshment Travelâ—erâ— entertained for a night or when they prepare for their voyage or journey the next day early so there be no disorder among them and also Strangers Lodgers or other persons in an orderly way may continue in such Houses of Common Entertainment during meal times or upon lawful business what time their occasion shall require Wine merchant Coopers c. not to permit any to be Drunk 7. Nor shall any Merchant Cooper Owner or Keeper of Wines or other persons that have them in ther custody suffer any person to drink to Excess or Drunkenness in any of their Wine-sellers Ships or other Vessels or places where Wines do lye on pain to forfeit for each person so doing ten shillings Nor shall any person Licensed to sell Strong waters A. 54. p. 2. or any private House-keeper permit any person or persons to sit Drinking or Tipling Strong-waters Wine or Strong Beer in their Houses Private House-keeper not to permit any to ripple in their Houses And if any such Seller of Strong waters or private Housekeeper shall be legally convicted before any County Court any one Magistrate or Commissioners Court such persons shall for the first offence be fined twenty shillings First offence 〈◊〉 and if the party so convicted be not able to pay his fine he shall be set in the Stocks where he shall continue one whole hour and if any such Seller of Strong-waters shall be convicted as aforesaid of a second Offence of the same nature he shall forfeit his License Second offence 5 li. and shall also pay twenty shillings as a fine to the Country and if any private House-keeper shall be convicted as aforesaid of a second Offence against this Law he shall pay a sine of five pounds and for a third offence such person or persons being so convicted shall be bound to their good Behaviour in twenty pound Bond third offence good behaviour with two sufficient Sureties or be committed to Prison 8. And if any person offend in Drunkenness L. 1. p. 30. excessive or long Drinking the second time they shall pay double fines Drunk the second time double fine And if they fall into the same offence the third time they shall pay treble the fines and if the parties be not able to pay the fines then he that is found Drunk shall be punished by whipping third treble to the number of ten stripes and he that offends in excessive or long Drinking shall be put into the Stocks for three hours when the weather may not hazard his life or limbs fourth time imprisonment And if they offend the fourth time they shall be imprisoned until they put in two sufficient sureties for their good Behaviour 9. And it is further Ordered That if any person that keepeth or hereafter shall keep a common house of Entertainment Inkeepers convict of a third offence shall be lawfully convicted the third time for any offence against this Lawâ— he shall for the space of three years next ensueing the said conviction be disabled to keep any such house of Entertainment forfeit their License or sell Beer or the like unless the Court aforesaid shall see cause to continue him 10. It is further Ordered that every In-keeper or Victualler shall provide for the entertainment of Strangers Horses Provision for Horses viz. one or more Inclosures for Summer Hay and Provender for Winter with convenient Stable-room and Attendants under the penalty of two shillings six pence for every dayes default and double damage to the party thereby wronged except it be by inevitable accident 11. And it is further Ordered by the Authority aforesaid That no Taverner Vintners to pay 50. s. per Burt Seller of Wine by Retail Licensed as aforesaid shall take above nine
the party of fending shall pay the damage and such Ship or Vessel as he sailes in shall be liable to arrest for the making good the damage the damage to be judged by indifferent men appointed by the Judges thereof unless the parties agree among themselves SECT XIV In case of loss of Goods by reason of throwing some over board to case the Vessel to save the rest the Goods thrown over board Goods thrâ—wn ovâ—â— boâ—â—d 〈◊〉 sent of Mâ—stâ—râ— Officers to be made good by an Avarage shall not be done without the Master and major part of the companies consent or at least of the Officers with the Master which Goods shall be brought into an Avarage and the whole loss to be born by Ship and Goods and Wages in proportion that are saved The like course shall be for cutting of Masts and loss thereof or Boats Cables or Anchors as also of Riggin and sailes for the safety of the whole the Merchants Goods are to bear a part of the loss SECT XV. In case a Ship or Vessel at setting forth proves deficient and gives over the Voyage Damage by an insufficient bottome the Charges the Merchant hath sustained in Shipping and Landing his Goods shall be born by the Master and Owners of such Vessel that presumes to take Goods into an insufficient Bottom SECT XVI Any Ship or Vessel at Sea receiving damage by the Masters or Marriners negligence yet bringeth the Merchants Goods home and delivereth them according to Bills of Lading he shall receive his fraight Damage at Sea but if the Goods be damnified the Master or Marriners shall make good the damage SECT XVII Damage by ships breaking loose If any Ship or Vessel in storm shall break loose and fall upon another and do her damage for want of ground tackle the Ship breaking loose shall make good the damage but if it appear the Master or Marriners or both are negligent of freshing their Hoase or clearing their Cables they shall pay the damage for such neglect SECT XVIII All Marriners being shipt upon a Voyage and in pay they shall duely attend the service of the Masters-Ship or Vessel for the Voyage Marriners absent without leave and not absent themselves day or night without leave from the Master upon forfeit for every offence five shillings SECT XIX No Officers or Marriners shall be disorderly or unruly to occasion disturbance in the Ship or other Vessel he is shipped upon Officers or matriners unruliness to hinder or damnifie the Voyage to be proved by the Master or other Marriners or both upon penalty of paying the damage if able and in case of inability to pay to suffer Corporal punishment as the nature of the offence may appear to the Judges and in case Master or Marriners shall conceal the offences of such and refuse to give in evidences therein they shall be amerced or imprisoned as the Judges shall see meet SECT XX. If any shall undertake the charge of Pilot Boat-swain Gunner or any other Office Ignorant Pilots or Officers in Ship or other Vessel and not be able to discharge the duty of the place such shall lose their Wages in part or in whole and be further punished for their presumption as the Judges shall fee meet SECT XXI Watch to be kept All Marriners shall keep true Watch at Sea or in Harbour as the Master shall appoint upon pain of forfeit of twelve-pence for every default to be defalked out of their wages SECT XXII Marriners or seting the Voyage Any Marriner that hath entred upon a Voyage and shall depart and leave the Voyage shall forfeit all his wages one half to the poor the other half to the Master and Owners and be further punished by Imprisonment or otherwise as the case may be circumstanced to be judged by the Magistrate or Magistrates they are complained to except such Sea-man shall shew just cause for his so leaving the Voyage and shall procure an Order therefore from Authority SECT XXIII Runaway Marriners If any Marriner shall have received any considerable part of his wages and shall run away from the Ship or Vessel he belongs to and decline the service of the Master in the prosecution of the Voyage he shall be pursued as a disobedient Run-away servant and proceeded with as such a one SECT XXIV If any Marriner shall entertain any Person or Persons on Board the Ship or Vessel he sailes in without the Masters leave Marriners entertaining without Masters leave or Masters or Marriners shall do it at unseasonable times he or they shall forfeit twenty shillings one half to the Poor the other half to the Owners SECT XXV No Sea-man or Sea-men or Officer shall commit any outrage upon the Master of any Ship or Vessel but those so offending shall be severely punished Outrage upon the Master by fine or other Corporal punishment as the fact shall appear to be circumstanced to the Judges that shall hear it and as they shall judge meet If any Officers or Marriners shall combine against the Master whereby the Voyage shall be diverted or hindred or that damage thereby shall accrue to the Ship and Goods they shall be punished with loss of Wages or otherwise as mutiniers as the case may require SECT XXVI In case any Ship or Vessel be in distress at Sea by Tempest or other accident the Marriners shall do their utmost endeavour to assist the Master in saving Ship and Goods Ships in distress not to be left and not desert him without apparent hazard appear that by their staying they may lose their lives SECT XXVII And in case of suffering Shipwrack the Marriners are without dispute upon their getting on shore Marriners to do their utmost in Shipwrack to save the Goods to do their utmost endeavours to save the Ship or Vessel Tackle and Apparel as also the Merchants Goods as much as may out of which they shall have a meet compensation for their hazard and pains and any upon conviction of negligence herein shall be punished Marriages and Married Persons IT is Ordered by this Court and Authority thereof L. 2 p. 17. That no man shall strike his Wife nor any Woman her Husband on penalty of such fine not exceeding ten pounds for one offence or such Corporal punishment as the County Court shall determine 2. For prevention of all unlawful Marriages It is Ordered That henceforth no person shall be joyned in Marriage before the intention of the parties proceeding therein Three times published hath been three times published at some time of publick Lecture or Town-meeting in both the Towns where the parties or either of them do ordinarily reside orâ—â—â—ted 14 dayes or be set up in Writeing upon some post of their Meeting house door in publick view there to stand so as it may easily be read by the space of fourteen dayes 1639. 3. And whereas God hath committed the care and power into
men without partiallity as much as in you lyeth you shall not exceed the Limitations of a Governour in your place So help you God in our Lord Jesus Christ Deputy Governours Oath VVHereas you J. L. are Chosen to the place of the Deputy Governour c. as in the Governours Oath mutatis mutandis VVHereas you S. B. are Chosen to the place of Assistant over this Jurisdiction of the Massachusets for this year and untill new be chosen and Sworn Considering how you stand Obliged to the Kings Majesty his Heirs and Successors by our Charter and the Government established thereby Do Swear accordingly by the Great and dreadfull Name of the Ever-Living God Assistants Oath That you will bear Faith and true Allegiance to our Soveraigne Lord the King his Heirs and Successours That you will truely endeavour according to your best skill to carry and demean you selfe in your place for the said time according to the Laws of God and of this Land for the Advancement of the Gospel and the good of the People of this Jurisdiction You shall Dispense Justice equally and impartially according to your best skill in all Cases wherein you shall Act by Virue of your place You shall not wittingly and willingly exceed the Limitations of your place And all this to be understood during your aboad in this Jurisdiction So help you God in our Lord Jesus Christ Major Generals Oath VVHereas you J. L. have been Chosen to the Office of a Sergeant Major General of all the Military Forces of this Jurisdiction for this present year Considering how you stand Obliged to the Kings Majesty his Heirâ—s and Successors by our Charter and the Government established thereby Do Swear accordingly by the Great and dreadfull Name of the Ever Living God That you will bear Faith and true Allegiance to our Soveraigne Lord the King his Heires and Successours And that by your best skill and ability you will Faithfully discharge the Trust committed to you according to the Tenour and Purport of the Commission given you by this Court. So help you God c. VVHereas you R. R. are Chosen Treasurer for the Jurisdiction of the Massachusets for this year and until a new be Chosen Do promise to give out Warrants with all convenient diligence for collecting all such sums of Money as by any Court Treasurers Oath or otherwise have been or shall be appointed and to pay out the same by such sums and in such manner as you shall be lawfully appointed by this Court if you shall have it in your hands of the common Treasury And to return the names of such Constables as shall be failing in their office in not collecting and bringing in to you such sums as you shall give Warrant for And tender a true Accompt of all things concerning your said Office when by the General Court you shall be called thereto So help you God in our Lord Jesus Christ Secretaries Oath VVHereas you E. R. are chosen Secretary for the year ensuing You do here Swear by the Everliving God that you will in all things faithfully demean your self in the said Office That you will truely and uprightly according to your best skill and Wisdome frame all Acts and Instruments of publick concernment referring to your Office duely observing such Directions as shall from time to time be given unto you by the General Court or Council of this Common-weal and fairly Record and safely keep the same That you will not disclose the consultations of the General Court where at any time you shall have express charge of secresie nor of the Council where at any time you shall have like charge of secresie That you will without delay impart to the Governour or Deputy Governour what ever Letter or Information shall come to your hand referring to your Office and of publick Concernment to the Common-weal General Court or Council and that you will not wittingly or willingly exceed the limits of your place So help c. Publick Notaries Oath YOU W. A. here Swear by the Name of the Everliving God That in the Office of a Publick Notary to which you have been chosen You shall Demean your self diligently and faithfully according to the duty of your Office and in all Writings Instruments and Articles that you are to give Testimony unto when you shall be required you shall perform the same truely and sincerely according to the nature thereof without delay or Covin And you shall enter and keep a true Register of all such things as belong to your Office So help you c. Marshals Oath YOU E. M. shall diligently faithfully and with what speed you may collect and gather up all such fines and sums of money in such Goods as you can finde of every person for which you shall have Warrant so to do by the Treasurer for the time being And with like faithfulness speed and diligence leavie the Goods of every person for which you shall have Warrant so to do by virtue of any Execution granted by the Secretary or other Clerk Authorized thereunto for the time being And the same Goods so Collected or Leavied you shall with all convenient speed deliver in to the Treasurer or the persons to whom the same shall belong And you shall with like care and faithfulness ferve all Attachments directed to you which shall come to your hands and return the same to the Court where they are returnable at the times of the return thereof And you shall perform do and execute all such lawful Commands Directions and Warrants as by lawful Authority here established shall be committed to your care and charge according to your Office All these things in the presence of the living God you binde your self unto by this your Oath to perform during all the time you continue in your Office without favour fear or partiality of any person And if you meet with any case of difficulty which you cannot resolve by your self you may suspend till you may have Advice from Authority So help c. FOrasmuch as every Magistrate Associate Commissioners for small Causes c are under an Oath of God and that no provision hath been made for such as are invested with Magistratical power by this Court It is Ordered That every man to whom such power is derived shall henceforth take the Oath here under written before some County Court or Magistrate before he Exert his Authority therein Commissioners Oath VVHereas you A. B. Appointed and Commissionated to Act and Do in sundry respects as any one Magistrate may do as expressed in your Commission You do here Swear by the Great and Dreadful Name of the Everliving God that you will faithfully Demean your self therein with out favour or affection to any to the best of your knowledge according to the Laws here established So help you God c. Associates Oath YOU M. N. being chosen Associate for the Court for this year and till
new be chosen or other Order taken Do here Swear that you will do equal Right and Justice in all Cases that shall come before you after your best skill and knowledge according to the Laws here established So help you God c. VVHeresoever any Three Men are deputed to end Small Causes the Constable of the place within one Moneth after shall return their Names to the next Magistrate who shall give Summons for them forthwith to appear before them who shall administer to them this Oath YOU A. B. being chosen and appointed to end small Causes not exceeding forty shillings value Three mens Oath according to the Laws of this Jurisdiction for this year ensueing Do here Swear by the living God that without favour or affection according to your best light you will true Judgement give and make in all the Causes that come before you So help you God c. Grand-â—pnies Oath YOU Swear by the Living God that you will diligently inquire and faithfully Present to this Court whatsoever you know to be a breach of any Law established in this Jurisdiction according to the minde of God And whatsoever Criminal Offences you apprehend fit to be here presented unless some necessary and Religious tye of Conscience truely grounded upon the Word of God binde you to secresie And whatsoever shall be legally committed by this Court to your Judgement you will return a true and just Verdict therein according to the Evidence given you and the Laws Established amongst us So help you God c. YOU Swear by the Living God that in the Cause or Causes now legally to be committed to you by this Court Petty-Juries Oath You will true Tryal make and just Verdict give therein according to the Evidence given you and the Laws of this Jurisdiction So help you God c. Oath of Life and Death YOU Do Swear by the Great Name of Almighty God that you will well and truely try and true deliverance make of such Prisoners at the Bar as you shall have in charge according to your Evidence So help you God c. Wiltnesses Oath YOU Swear by the Living God that the Evidence you shall give to this Court concerning the Cause now in question shall be the Truth the whole Truth and nothing but the Truth So help you God c. Vntimely Death YOU Swear by the Living God that you will truely present the Cause and manner of the Death of J. B. according to Evidence or the light of your Knowledge and Conscience So help you God c. The Form of the Oath to be Administred to the Sergeant-Majors of the several Regiments and so Mutatis Mutandis to the other Military Officers Sergeant Major other chief Officers Oath VVHereas you R. S. have been chosen to the Office of Sergeant Major of the Regiment in the County of M. for this present year and until another be chosen in your place You do here Swear by the Living God that by your best skil and ability you will faithfully discharge the trust committed to you according to such Commands and Directions as you shall from time to time upon all occasions receive from the Sergeant Major General by virtue of his Commission from the Court and according to the Laws and Orders by this Court Made and Established in this behalf So help you God c. Clerk of the Bands Oath YOU R. B. Swear truely to perform the Office of a Clerk of a Trained Band to the utmost of your Ability or Endeavours according to the particulars specified and peculiar to your Office in the Military Laws So help you God c. YOU shall faithfully Endeavour with all good Conscience to Discharge this trust committed to you Commissioners of the Martial Diâ—cipline Oath as you shall apprehend to Conduce most to the safety of this Common Wealth You shall not by any sinistre devices or for any partial respects or private ends do any thing to the hindrance of the effects of any good and seasonable Councils You shall appoint or remove no Officer by any partiality or for personal respects or other prejudice but according to the merit of the person in your apprehensions You shall faithfully endeavour to see that Martial Discipline may be strictly upholden not easing or burthening any otherwise then you shall judge to be just and equal You shall use your power over mens lives as the last and only means which in your best apprehentions shall be most for the publick safety in such case So help you God c. WHereas you E. G. are chosen Constable within the Town of C. for one year now following and until other be sworn in the place You do here Swear by the Name of Almighty God Constables Oath that you will carefully intend the preservation of the Peace the discovery and preventing all attempts against the same You shall duely execute all Warrants which shall be sent unto you from lawful Authority here Established and shall faithfully execute all such Orders of Court as are committed to your care And in all these things you shall deal seriously and faithfully while you shall be in Office without any sinistre respects of favour or displeasure So help you God c. VVHereas you J. G. are chosen an Officer for the Searching and Sealing of Leather within the Town where you now dwell Leather sealers Oath for the space of a year and till another be chosen and sworn in your room You do here Swear by the Everliving God that you will carefully and duely attend the Execution of your said Office with all faithfulness for the good of the Common-wealth according to the true intent of the Laws in such case provided So help you God c. Clerk of Markets Oath YOU C. D. here Swear by the Ever living God that you will from time to time faithfully execute your Office of Clerk of the Market in the Limits whereto you are appointed for the ensueing Year and till another be chosen and sworn in your place And that you will do therein impartially according to the Laws here established in all things to which your Office hath relation So help you God c. YOU S. S. do here Swear by the Ever living God that you will to your power faithfully execute the Office of a Searcher for this year ensueing Searchers Oath and till another be chosen and sworn in your place concerning all Goods prohibited and in special for Gun powder Shot Lead and Amunition and that you will diligently search all Vessels Carriâ—ges and Persons that you shall know suspect or be informed are about to transport or carry any thing out of this Jurisdiction contrary to Law And that you will impartially seize take and keep the same in your own Custody one half part whereof shall be for your service in the said place the other you shall forthwith deliver to the Treasurer All which Goods so
Folio P 41 S 5 To receive fees for entry of Petitions See Petitions Folio P 121 To give accompt of Petitions entred to the Deputies which shall be allowed as part of his Sallary ibid Of Courts To return Reasons of Appeal to the Court of Assistants See Appeal Folio p 4 s 2 To sign Warrant for Executions in cases civil or criminal see condemned Folio p 30 s 2 To enter all Graunts Sales c. see Conveyances Folio p 33 s 5 To signifie to Country or County Treasurer within 14 dayes what fines are imposed on any See Courts Folio p 51 To send Warrants to Towns to chuse Jurors see Iurors Folio p 80 s 1 To grant Execution for what is unpaid on a former Execution see Marshall Folio S 2 To certifie County Court the neglect of Clerk of Writts see Records Folio p 130 s 2 To Record Straies lost goods and return to the Country Treasurer see straies Folio p 142 s 2 To send the Order about Children to Constables see Townships Folio p 149 s 7 To keep a Book of Accompt of Entry of Actions on penalty see Treasurers Folio p 151 s 4 To enform Coun. Co. of any renouncing Excecutorship c on penalty see Wills Folio p 158 s 1 To enform County Courts of any Will proved or Administration granted Folio S 2 Of Trained Bands May take Fines by Distress by order of the Major chief Officers see Military Folio p 107 s 2 To provide Arms Folio P 109 s 8 To take the Oath belonging to his Office to pay a penalty on refusal Folio s 10 His duty see Military Folio P 109 110 s 10 Of Troops To take the Oath belonging to his Office Folio P 113 s 16 To Leavy fines his fees ibid When to make Distress ibid To Leavy fines for not Watching Folio p 114 s 18 Of Markets To take the Oath of his Office Folio p 8 s 1 His Duty ibid Colledge To be managed by Feoffees Folio P 29 s 1 The major part of Feoffes may make Orders ibid Dispose of Gifts and Revenues ibid The whole number may Repeal and Alter Orders ibid May distribute the Countries allowance to President and Fellows ibid Commissioners Of Vnited Colonies Their Power see Presidents Folio P 163 Of Shires their duty By whom appointed see Elections Folio P 47 s 3 To carry the Votes for Nomination of Magistrates to be opened at Boston ibid. The time when and before whom to be opened ibid To make return to the several Constables under their hands of the persons to be nominated for Magistrates ibid Commissioner for Suffolk to appoint the place for opening the votes ibid Commissioners of Towns In every Town to receive carry the votes for Nomination of Magistrates and County Treasurers to the Shire meeting when and how to proceed see Elections Folio P 47 s 3 To chuse one out of themselves to carry the Votes of the Shire to Boston ibid For making Rates To joyn with the Select men in making Rates and by whom to be chosen Folio p 23 s 3 To meet at the shire Town the first fourth day in September with their Assessments to be examined and corrected Folio p 24 ibid To return to the Treasurer under their hands what is to be leavied on every Town on penalty ibid p 24 To prize Corn for Rates The Commissioners of Essex Suffolk and Middlesex where the General Court doth not to Prize Corn ibid Commissioners of Boston To be annually chosen see causes Folio p 21 s 3 The number to be chosen ibid To be approved by the Court of Assistants and sworn by them or Governour or Deputy Governour ibid To try Causes to ten pounds the extent of their power their Court stated to publish their Court dayes ibid To impose fines to 40. s. Folio p 22 s 3 May by Warrant summon any offenders to appear and may punish as one Magist ibid To have a Commission under the Secretaries hand ibid To fine persons for galloping in the Town See Galloping Folio p 57 May fine any not brewing Beer according to Law See Inkeepers Folio p 80 s 2 to have Magistratical power se Presid Folio p 166 Commiss to try small Causes in Towns To be chosen by Court of Assistants or County Court see Causes Folio p 20. s. 1. their power ibid to take an Oath see Presidents Folio p 166 May punish breach of the Peace see breach of the peace Folio p 11 s 1 May punish unruly Children see Childr Folio 27.2 May punish any entertaining such Childr Folio s 3 Every Commissioner on Oath May dispose of Cards and Dice brought in involuntarily see Gaming Folio p 58 s 4 May punish Gamesters by fine or corporal punishment ibid May punish or fine a drunken Indian see Indians Folio s 11 May punish any that are drunk see Inkeepers Folio p 81 s 5 May punish wanton rude singing in publick houses Folio s 17 May punish any found in publick houses after prohibition of Select men Folio s 19 To keep Records of Judgements given against any person see Records Folio p 129 s 1 May punish prophaners of the Sabbath see Sabbath Folio p 132 s 1 May punish any drinking in Ordinaries after Sun set Folio s 2 May punish any neglecting to watch see Watches Folio p 154 s 1 May take the testimony of any of 14 years of age see Witnesses Folio p 158 s 2 A Commissioners Court May punish any Retailer of strong-waters or private house-keeper for permitting any to tipple See Inkeepers Folio p 81. s 7. p 82 s 8 No Commissioner may give counsel in case See Counsel Folio p 34 None to be allowed Commissioner in any Town but such as are approved see Causes Folio p 22 s 4 Commissioners of Indians Authorized may issue Cases among themâ—â—â—â—â—â—â—â—e Magistrate and to have Officers to execute Commands and Warrants See Indians Folio p 77 s 9 With one Magistrate have the power of a Country Court ibid Condemned No person to suffer within 6 dayes after judgement but in special cases Folio p 30 s 1 Not to be unburied 12 hours except for Anatomy ibid Constable his Office Duty By Warrant to impress Workmen See Bridges Folio p 12 s 1 To leavy fines granted by a Magistrate to 40 s See Burglary Folio p 13 s 2 To return to County Courts what fines received ibid By warrant to search for stollen goods and apprehend any suspitious person Folio s 3 To present the Gager to take Oath within a moneth on penalty See Caâ—k Folio p 16 s 1 To leavy fines by warrant from Select-men See Cattle Folio p 19 s 6 To serve Warrants or Attachments tryable before a Magistrate See Causes Folio p 20 s 1 To obey the Warrants of three Commissioners in Towns ibid To obey and assist the Commissioners of Boston Folio s 3 To warn Freemen to chuse a Commissioner in making Rates see Charges Publick Folio p 23 s 3 To collect Country Rates and pay
Impresses Folio P 73 S 2 To appoint persons to publish the Laws to Indians see Indians Folio P 77 S 8 To appoint persons to inspect the Indians at Natick c. as to their manners Folio S 9 To give Commissions to chief Military Officers see Military Folio P 108 s 4 To appoint Searchers for Powder see Powder Folio P 126 s 2 To punish any helping to break Prison see Prison Folio P 128 s 4 In defect of a Law in Capital cases c. to judge see priviledges Folio p 1 To dispose of any Whale cast up see wrecks at sea Folio P 161 Court of Assistants May appoint 3 Free men in Towns to issue Causes to 40. s. see Causes Folio P 20 S 1 To approve the Commissioners of Boston and give them an Oath Folio P 21 S 3 To be kept at Boston by the Governour or Deputy Governour and Magistrates See Courts Folio P 36 S 7 Their Power ibid Two Courts to be kept yearly the time when ib May be call'd out of course by Governour or Deputy Governour for tryal of a Malefactor in Capital Cases ibid To try Capital Cases ibid May discharge from Prison Persons unable to pay fines see fines Folio p 51 To try Quakers see Heresie Folio P 61 S 9 to try any suspected for Jesuites se Jesuites Folio p 67 May order satisfaction for damage done to Cattle by Indians see Indians Folio P 76 S 7 To issue all matters beyond the cognizance of Indian Commis Court see Indians Folio P 77 S 9 May approve of any married Person residing here from their Relation see Marriage Folio P 102 S 4. May appoint Searchers for Powder see Powder Folio P â—26 S 2 May order and improve the Houses of Correction see Prison Folio P 127 S 2 May Punish any for helping to break Prison Folio S 4 To keep a Record of all Iudgements given see Records Folio P 129 S 1 To adjudge Persons trading on the Coast in case see Ships Folio P 141 S 6 County Courts To manage Benevolence See Benevolence Folio p. 9. s. 2 May punish breach of the peace see breach of peace Folio p. 11. s. 1 2 To regulate defective Bridges see Bridges Folio p. 12. s. 1 May punish any for using other mens Cattle without leave when and how see Cattle Folio p. 19. s. 5 Not to receive any Action proper to one Magistrate except in defamation battery see Causes Folio p. 20. s. 1. May with the Select men place out unruly children see children Folio p. 26. s. 1. May dispose of Orphans to service Folio p. 28. s. 6 To approve Clerks of writts see Clerks Folio p 29 s 1 To be kept by Magistrates in the County or other Magistrates or such as the General Court shall appoint see Courts Folio p 36 s 7 Their power ibid May constitute Clerks and other Officers ib. To keep set times ibid May set out Widows thirds in Lands c. see Dowries Folio p 42 s 1 To provide for Ministers maintenance see Ecclesiastical Folio p 45 s 1â— to give Grand jurors charge of enquiry of Towns neglect of providing an able Ministry Folio p 46 s 19 May discharge from Imprisonment such as are unable to pay fines see fines Folio p 51 to appoint cullers of fish upon Oath see fish Folio p 52 s 2 to punish such as kil Mackrel before July Folio s 5 to punish Fornication see Fornication Folio p 54 s 1 2 to order maintenance of a Bastard Folio p 55 s 3 to give the Oath of Freedome to persons allowed by General Court see Freemen Folio p 56 s 5 May punish Gamesters by fine or corporal punishment see Gaming Folio p 58 s 4 to punish deniers of the Scriptures see Heresie Folio p 59 s 2 to Punish maintainers of Erronius Doctrine Folio p 61 s 8 to appoint men in Towns to lay out Country High-wayes see High-wayes Folio p 64 s 1 to order the removal of incumbrances in High-wayes see High-wayes Folio p 65 s 3 to Punish idle Persons Folio p 66 s 2 to grant Licenses to Ordinaries c. See Inkeepers Folio p 79 s 1 May punish Inkeepers not giving accompt of draught of Beer see Imposts Folio p 69 s 4 to order satisfaction for damage to Cattle by Indians see Indians Folio p 76 s 7 to Punish Indian traders allowed and not giving accompt and making Payment to the Treasurer Folio p 78 s 12 Executions not to be granted till twelve hours after Judgement but by special order see Appeal Folio p 3 s 1 to Punish such as Brew not Beer according to Law Folio P 80 S 2 May Punish Retailers of strong waters and private House-keepers for permitting tipling in their Houses Folio P 81 S 7 P 82 S 8 to give Oath to Searchers and Sealers of Leather see Leather Folio P 89 S 4 May approve of any married Person residing here from their Relation see Marriage Folio P 101 S 4 May Punish Work-men taking wages above what is set in Towns by Freemen see Masters Folio P 105 S 4 May give the Oath of Fidelity to Inhabitants and Strangers see Oaths Folio P 120 S 2 to dispose and settle Poor Persons see Poor Folio P 123 S 2 May appoint Searchers for Powder see powder Folio P 126 S 2 May order and improve the House of Correction see Prison Folio P 127 S 2 to appoint a Keeper to such House Folio s 3 May punish any helping to break Prison s 4 to keep a Record of all Judgements given see Records Folio P 129 s 1 May punish Clerks of Writts not making a return of Births c. Folio P 130. s 2 May determine punishment for defacers of Records see Records Folio P 131 s 3 May punish Prophaners of the Sabbath see Sabbath Folio P 132 s 1 May punish servile working on the Lords day Folio P 134 s 4 May punish Select-men neglecting Orders for Salt-Peeter see salt Peeter Folio P. 135 May take Order about Strangers see strangers Folio P. 143 May dispose of single Persons where Select-men neglect see Townships Folio P 149. s 7 May leavy upon the County by Warrant to satisfie Arreares see Treasurers Folio 151. 4. May punish Constables neglecting to gather County Rates Folio s. 5 To give Oath to Sealers of Weights and Measures see Weights Folio 155. 1 May Punish Executors in case see Wills Folio 157. 1 May order Estate where no Executor or Administrator Folio 158. 2. May settle the Estate of Persons dying intestate Folio s 3 Judges related to Parties may not sit as judges in their case in any Court see Courts Folio 38. 9. In difficult cases they may consult the General Court Folio s. 11. The time and place for County Courts 37. 7 to Punish reproachers of Courts and Magistrates Folio 36. 6. And the offences of any Members thereof ib Counties defective Bridges see Bridges Folio 12. 1. Penalty if any loose life c. by defective Bridges Folio s 2 Penalty
publick Houses Folio 84. 17 May commit any that keep a House of Entertainment without license in case Folio s. 18 May punish any found in publick Houses prohibited by Select men Folio 85. 19 May Summon a person to answer a Crime see Iurors Folio 87. 6. May give an Oath to proovers of Leather see Leather Folio 89. 3 May give Oath to Searchers and Sealers of Leather ibid. s. 4 May punish Lying see Lying Folio p. 1 May punish Seamen deserting their Voyage see Maritime Folio 99. 22. May allow of a Motion to Marriage in case see Marriage Folio 101. 3 May commit to Prison any attempting Marriage in case ibid May joyn persons in Marriage Folio 102. 5 May not joyn or suffer any to joyn themselves in marriage before publication ibid May press men boates to pursue Runnawaies c. See Masters Folio 104. 3 May punish Malsters in case see Malt Folio 106. 1 May committ a disorderly Souldier to prison in case see Military Folio p. 108. May by Warrant seize the estate of any transporting our Coyn see Money Folio 118. 2. May give the Oath of Fidelity to Inhabitants and Strangers see Oaths Folio 119. 2 May give Oath to cullers of Staves see Pipe-staves Folio p. 12â— May commit Runawaies to the house of Correction see Prison Folio 127. 3. May give an Oath to a prisoner not worth five pounds Folio p. 128. 5 To keep a Record of all Judgements granted by him against any see Records Folio 129. â— May fine any newly married not returning their names to Clerk of Writts Folio 130. 2 May fine any defacing Records ibid May punish Sabbath breakers see Sabbath Folio 132. 1 Or any drinking in Ordinaries after Sun set ibid. 1. 2. May punish doing servile work on the Sabbath ibid. s. 4 Governour or Deputy Governour may appoint Surveyors of Ships to be built see Ships Folio 138. 1 Governour or Deputy Governour may take order about Strangers see Strangers Folio p. 143 May allow a Stranger to reside in a Town ib May punish Cursers and Swearers see Swearing Folio p. 144 145 May punish and dispose of Vagabonds See Vagabonds Folio p. 15â— May fine any neglecting Watches see Watches Folio 154. 1 May take the Testimony of a person of 14. years of age see Witnesses Folio 158. 2 Man-slaughter Any person that shall kill another in the defence of himself or another c. shall be blameless Folio p. 92. Maritime Laws The major part of Owners of Vessels agreeing in setting them forth the minor part Owners concluded therein Folio 93. 1 Any Owner refusing or by absence cannot fit forth his part the Master may take up on Bottomary ibid An Owner of Ship or Vessel not assenting to let such Vessel must manifest it by protest c. ibid. s. 2 When Protests in such cases valid ibid No Voyage to be hindred by such protest ib. How the Dissenters part is to be secured ib Owners of Vessels living in several Countries how far the Master may act on their parts Folio 94. 3. Masters or Mates non attendance aboard the penalty ibid. s. 4 Masters agreement with their men for wages to be entred in a Book with their mens hands thereto on penalty ibid. s 5 Masters to make due provision for Seamen and Passengers on penalty Folio 95. 6. No Master to ship any Seaman shipt by another before on penalty ibid. s. 7 No Seaman to ship himself with any man till cleared by the first imployer on penalty ibid No Master to put into any Harbour in his voyage except necessitated c. on penalty Folio s. 8. Masters may alter their voyage in case Folio s. 9. Masters to pay mariners their wages on penaity Folio 96. 10 Damage on goods aboard how to be made good in case Folio s. 11. No Master of a vessell to more neer him that was first mored on penalty ibid. s. 12 Any Master under sail running aboard a Ship at anchor to pay all damage Folio 97. 13. How goods thrown over-board to be made good Folio s. 14 A Vessell giving over her voyage through insufficiency the charge of Lading unlading by whom to be paid ibid. s. 15. Goods damaged at Sea by negligence to be made good by master mariners ib. â— 16 Damage done by one Ship on another by breaking loose how to be made good Folio 98. Marriners absenting themselves from their Ship the penalty ibid. s. 18. Marriners causing disturbance in a Ship to the prejudice of the voyage how punished ib. s. 19 Any person undertaking to be a Pilot c. and found insufficient his penalty ibid. s. 20. Marriners to keep watch at Sea and in Harbour on penalty Folio 99. 21. Marriners deserting their Voyage punishable in case ibid. s. 22 Marriners having received their Wages and deserting the Ship to be pursued as Runawayes ibid. s. 23 Marriners entertaining persons on board without leave the penalty ibid. s. 24 Outrage by Marriners on the Master how punished Folio 100. 25 Marriners in distress at Sea not to leave the Ship if no peril of life ibid. s. 26 Marriners in case of Shipwrack to endeavour the saving what may be and to have recompence if neglected the penalty ibid. s. 27 Marriage No man to strike his wife or woman her husband on penalty Folio 101. 1 No person to be joyned in marriage before Publication ibid. s. 2 The manner of Publication ibid Any person making motion to marriage without consent of Parents c. the penalty ibid. s. 3 No married person whose Husband or Wife is in other Countries may reside here in Case on penalty ibid. s. 4. None may joyn persons in marriage but a Magistrate or other persons appointed Folio 102. 5. None may joyn themselves in marriage but before such that after Publication ib. No Man may marry his first wives natural sister ibid. s. 6. Every new married person to give in his name to the Clerk of Writts on penalty see Records Folio 130. 2 Marshalls their Office and Power To obey the Warrant of one Magistrate see Breach of peace Folio 11. 2 May require aid in case ibid To serve Warrants or Attachments for cases tryable before one Magistrate see Causes Folio 20. 1 To assist and obey the Commissioners of Boston Folio 21. 3. To levy fines imposed by Court see fines Folio p. 51 may Attach and Imprison persons till fines are paid ibid By Warrant from a Magistrate to apprehend deniers of Scripture see Heresie Folio 59. 2. To Collect fines c. by Warrant from the Treasurer on penalty see Marshalls s. 1. Treasurer Folio 151. 4 To Levy Executions on penalty ibid. s. 2. To make Returns of Executions to Clerks in two months on penalty ibid. To serve all Attachments directed to them and make return to the Clerks of Courts Folio 103. 3. No Marshal to be a Clerk or Recorder of a Court ibid Marshalls fees ibid. s. 4 Additional fees in case ibid Marshall Generals fees ibid. s.
persons and Inmates Folio s. 3 May impose fines on any resusing to serve as Constables ibid. s. 5 Who in them may have priviledge of Commonage for Wood Folio 149. 6 To pay 10. s. for every Wolf kill'd by English see Wolves Folio 160. 3. Select mens Duty and Power To Assess persons for their Garb see Apparel Folio 5. 1. To appoint persons to view Town bounds see Bounds Folio p. 10 To order Fences in Common fields in case see Corn-fields Folio 17. 2. To make Orders to repair Fences general and particular under 100 Acres Folio 19. 6. And to impose fines ibid Not to neglect making such Orders on penalty to the Town ibid To order repairs of Fences on the Owners neglect ibid To give Warrant to the Constable to levy double damages in case ibid. To try Causes and grant Executions in case see Causes Folio 21. 2. To make Country Rates see Charges Publ. Folio 23. 3. To Assess Strangers any Moneth Folio 25. 3. To see to the Education of Youth on penalty see Children Folio 26. 1 To place out unruly Children ibid The major part may approve the marriage of Orphans Folio 28. 6. To Assess for Ministers maintenance see Ecclesiastical Folio 48. 5. To receive of the County Treasurer fines imposed on Quakers c. and to improve them see Elections Folio 48. 5 To lay out private High-wayes see High-wayes Folio 64. 2 To give recompence to any damaged by such Wayes laid out ibid. p. 65 To approve such Stone horses as go on Commons see Horses Folio 65. 2. To levy the penalty by Warrant for the Towns use ib. p. 66 The penalty of Select-mens neglect ibid With the Collector of Customes to rate persons in case see Imposts Folio 71. 7 Where no Magistrate or Commissioners are may punish Indians for Drunkeness see Indians Folio 77. 11 To approve of persons to keep Ordinaries c. see Inkeepers Folio 79. 1. Where no Magistrate or Commissioners are may commit a drunken person to Prison or punish according to Law see Inkeepers Folio 81. 5. To prohibit persons from publick houses c in case Folio 85. 19. To receive a third part of all Leather and Shoos seized see Leather Folio 90. 5. To Assess the Town for mounting Artillery c. see Military Folio 110. 11. To Assess for Towns stock of Powder c. Folio 112. 15 To crayē the help of County Courts against persons obtrudeing the Town see Poor Folio p. 123. To provide for Poor settled by County Court ibid To allow Porters and set their Wages see Porters Folio p. 124. To provide materials for work in the House of Correction see Prison Folio 127. 3. May punish Prophaners of the Sabbath Folio 132. 1. To make Orders to produce Salt-peeter see Salt-peeter Folio p. 135. To impose fines on any neglecting their Orders ibid. To chuse and allow an Officer an annual stipend to execute their Orders ibid To provide for School-masters maintenance see Schools Folio 136. 1 Not to admit or suffer a Hetrodox or Scandalous Schoolmaster ibid. s. 3. To appoint the place where self-murderers shall be buried see Self-murder Folio p. 137. To make Orders for clearing Commons for Sheep see Sheep Folio 137. 1. May impose fines for putting Rams to flocks ibid. To order spinning in their Towns see Spinning Folio p. 141 To make Orders about Swine see Swine Folio p. 145 to manage the Prudential affairs of the Town according to instructions in writing see Townships Folio 148. 2. To require Constables to levy fines on such as refuse to serve as Constables ibid. s. 5. With two Magistrates may put Children forth to service Folio 149. 8. May order and dispose Constables Watches see Watches Folio p. 154 With the Constable to chuse a Sealer of Weights and Measures see Weights Folio 155. 1. To appoint Measurers of Corn Wood or Board Folio 156. 2. To cut off the Ears of Wolves they pay for to Indians for the Country see Wolves Folio p. 160. Treasurers To issue forth Warrants for Assessment yearly see Charges Publick Folio 23. 3 For levying the same ibid To pay to the Constable Charges of bringing Rates ibid May distrein the goods of Constable or any other person in case Folio 25. 4. To pay 100. l. per Annum to the Colledge see Colledge Folio 30. 2. To pay charge of Hue and Cry in case see Constable Folio 32. 7. To pay for Victuals and Vessells Impressed see Council Folio p. 34. To pay charge of Elders meetings when imployed by the Courts Order see Ecclesiasticall Folio p. 44. 13. To pay the Secretary for writtings see Seal-Publick Folio p. 136 To keep Accounts of all transactions belonging to his Office as Debts Dues c. see Treasurers Folio 150. 1. To make no payments but by some Law or Order ibid. His allowance Folio 151. 4. To give Account once a year to the General Court ibid. To provide Weights measures as Standards see Weights Folio 155. 1. To Seal Town Standards ibid. To pay the charge of Witnesses in Criminals see Witnesses Folio 159.3 To pay for every Wolfe killed 10 s. see Wolves Folio p. 159. County Treasurer To pay for Hue and Cry in case see Constable Folio 32. 7. To pay to Select men in Towns all Fines of Delinquent Quakers see Elect. Folio 48. 5. To give Warrant to the Marshal to Levy Fines Folio p. 51. To receive Fines for Select mens neglect of the Law title Horses Folio 67. 2 To pay for Poor in case see Poor Folio p. 123. To be chosen Annually time when manner how see Treasurers Folio 150. 2. No Clerk of Court to be Treasurer ibid. May give Warrant to Marshalls or Constables to Levy Fines Folio 151. 4 His Allowance ibid To have the same Power in his place as the Country Treasurer Folio 151. 5 To return to County Courts the names of Constables not clearing their Accompts ibid To pay twenty shillings so every Wolf kil'd by English see Wolves ibid. s. 3. Tryalls Any Person against whom Judgment hath past in Civil Actions may have a new tryal on Review in case Folio 152. 1. Plantiffe Defendant agreeing may have their Case tryed by Bench or Bench and Jury except ibid. s. 2. Every Delinquent hath liberty of a Jury ibid. s. 3. Challenge may be made against Jurors by Plaintiff or Defendant if found just others to be impanelled ibid. What persons may have allowance in any case ibid. s. 4. V Vagabonds BEing Apprehended how to be proceeded with Folio p. 152. Vexatious suits How punished see Actions Folio 8. 3. Votes When persons are capable of Voting see Ability Folio 1. 1. None to Vote in Elections but Freemen on penalty see Elections Folio 47. 1. Every person called to Vote in any Court c. may act according to his own Judgement see Votes Folio p. 153 Neuters to be taken in the Negative ib. Who may put matters to Vote the President refusing ibid The Governour to have a casting Vote