Deputyes when they are by themselves it shall be examined and sentenced when they are by themselves if it be when the whole Court is together it shall be judged by the whole Court. 1637 41. 7. For the better Administration of Justice and easing of the Country of unnecessary charges and travaile L. 1. P. 14. It is Ordered by this Court and the Authority thereof That there bee two Courts of Assistants yearly kept at Boston Two Courts of Assistants by the Governour or Deputy Governour and the rest of the Magistrates on the first Tuesday of the first month and on the first Tuesday of the seventh month to hear and determine all their power and onely actions of Appeale from inferiour Courts all Causes of divorce all Capital and Criminal Causes extending to Life Member or Banishment And that Justice be not deferred nor the Country needlesly charged L. 3. P. 5. It shall be Lawfull for the Governour or in his absence the Deputy Governour as they shall judge necessary to call a Court of Assistants for the Tryall of any Malefactour in Capital Causes Governour may call a Court of Assistants Also there shall be County Courts held in the several Countyes by the Magistrates living in the respective Counties or any other Magistrates that can attend the same or by such Magistrates as the General Court shall appoint from time to time L. 1. P. 14 15. together with such persons of worth where there shall be need as shall from time to time be appointed by the General Court at the nomination of the Freemen of the County to be joyned in Commission with the Magistrates County Courts so that they may be Five in all who keep them Three whereof may keep a Court provided there be one Magistrate Every of which Courts shall have full power to hear and determine all Causes How many judges Civil and Criminal not extending to Life Member or Banishment which with Causes of divorce are reserved to the Court of Assistants and to make and constitute Clerks and other needfull Officers their Power and to Summon Juryes of Inquest and Tryals out of the Towns of the County Provided no Jurors shall be warned from Salem to Ipswich nor from Ipswich to Salem and the times and places for holding the County Courts shall be as followeth SVFFOLK Boston the last tuesday of the second Month. The last tuesday of the fifth Month. Time and plâ— of the County Courts The last tuesday of the eighth Month. And the last tuesday of the eleventh Month. NORFOLK Salisbury the second tuesday of the second Month. Hampton the second tuesday of the eighth Month. ESSEX Salem the last tuesday of the fourth Month. And the last tuesday of the ninth Month. Ipswich the last tuesday of the first Month. And the last tuesday of the seventh Month. PASCATAQVA Dover the last tuesday of the fourth Month. Portsmouth the last tuesday of the fourth Month. MIDDLESEX Charlstown the third tuesday of the fourth Month. And the third tuesday of the tenth Month. Cambridge the first tuesday of the second Month. And the first tuesday of the eighth Month. YORKSHIRE York the first tuesday of the fifth Month. HAMPSHIRE North-Hampton the last tuesday of the first Month. Springfield the last tuesday of the seventh Month. A Judgement acknowledged before any two Magistrates and the Secretary of Clerk of any Court shall be good in Law L. 2. p. 7. Judgement acknowledged before two Magistrates and the Clerks Fee for Recording the same shall be twelve pence and if the Secretary or Clerk be a Magistrate he with one Magistrate may do it 8. For the more speedy dispatch of all Causes which shall concern Strangers who cannot without prejudice stay to attend the ordinary Courts of Justice L. 1. p. 15. It is Ordered that the Governour or Deputy Governour with any two Magistrates or when the Governour Special Courts for Strangers Deputy Governour cannot attend it that any three Magistrates shall have power upon the request of such Stranger to call a special Court to hear and determine all Causes civil and criminal triable in any County Court according to the manner of proceeding in County Courts which shall arise between such Strangers or wherein any such Stranger shall be party Records of special Courts to be transmittâ—d to the Court of Assistants And all Records of such proceedings shall be transmitted to the Records of the Court of Assistants to be entred as trials in other Courts which shall be at the charge of the party cast or condemned in the case 1639. L. 2. P. 15. Strangers liberty to sue at any Court It is further Ordered that it shall be lawful for any Stranger upon legal Summons to enter any Action in any Court of this Jurisdiction against any person not residing or Inhabitant amongst us 9. For preventing all occasions of partial or undue proceedings L. 1. P. 36. in Courts of Justice and avoiding of jealousies It is Ordered that in every civil Cause between Party and Party where there is between any Judge of the Court Judges related to parties not to give Sentence and any of the parties the Relation of Father and Son either by Nature or Marriage Brother and Brother Uncle and Nephew Landlord and Tenent in matters of considerable value Such Judge though he may have liberty to give reasonable Advice in the case yet shall have no power to Vote or give Sentence therein neither shall sit as a Judge when he shall so plead or give Advice therein 1635. L. 1. P. 16. Offender to be Judged the next Court. 10. It is Ordered by this Court that every person that is to Answer for any criminal Cause whether in Prison or under Bayle his Cause shall be heard and determined at the next Court that hath proper cognizance thereof if it may be done without prejudice of Justice 1641. 11. Forasmuch as the proceedings of this Court are often hindred by introducing particular cases of a private nature A. 54. P. 2. In difficult casâ—s Courts may consult with the General Court It is therefore Ordered that no Court shall transfer the Cases comeing before them and proper to their cognizance whether civil or criminal but if there be difficulty in any case the Court shall state the Question leaving out the parties Names and may present the same to the General Court where it may be resolved and according to the said resolution of the General Court the Inferiour Court that presented the Question shall at their next meeting proceed to Judgement or Sentence 1654. L. 2. P. 4. County Courts may admit Freemen 12. Every Court within this Jurisdiction where two Magistrates are present may admit any Church Members that are fit to be Freemen giving them the Oath and the Clerk of each Court shall certifie their Names to the Secretary at the next General Court 1641. It
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
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
as aforesaid he shall forfeit ten shillings for every such offence to the Plaintiffe COVRTS IT is hereby Declared That the General Court consisting of Magistrates and Deputies L 2. P. 10 13. is the chief Civil Power of this Common-wealth which onely hath Power to Raise Money and Taxes upon the whole Country and dispose of Lands viz. to Give and Confirme Proprieties appertaining to and immediately derived from the Country General Court the Cheif power and may Act in all affaires of this Common-wealth according to such Power both in matters of Counsel makeing of Lawes and matters of Judicature by Impeaching and Sentencing any person or persons according to Law and by receiving and hearing any Complaints orderly presented against any person or Court And it is Agreed that this Court will not proceed to Judgement in any Cause Civil or Criminal before the Deputyes have taken this Oath following 1634 42 44. I Doe Swear by the most great and dreadfull Name of the Everliving God that in all Cases wherein I am to deliver my Vote or Sentence against any Criminal Offence or between Parties in any Civil case I will deale uprightly and justly Deputys Oath according to my judgement and conscience And I will according to my skill and ability Assist in all other Publick affaires of this Court Faithfully and Truely according to the Duty of my place when I shall be present to attend the service 2. Forasmuch as after long Experience L. 1. P. 16. diverse inconveniences are found in the manner of proceeding in this Court by Magistrates and Deputies sitting together Magistrates and Deputys to sitt apart It is therefore Ordered by this Court and Authority thereof That henceforth the Magistrates sitt apart and Act all business belonging to this Court by themselves by drawing up Bills and Orders as they shall see good in their wisedom which haveing agreed upon they may present to the Deputies to be considered and accordingly to give their Consent or Dissent The Deputies in like manner sitting by themselves and consulting about such Orders and Laws as they in their discretion and experience shall finde meet for the Common good which agreed on by them they may present to the Magistrates who haveing considered thereof may manifest their Consent or Dissent thereto And no Law Order or Sentence shall pass L. 1. P. 5â— or be accounted an Act of this Court without consent of the greater part of the Magistrates on the one party and the greater number of Deputies on the other party But all Orders and Conclusions that have passed by Approbation of Magistrates and Deputyes as aforesaid shall be accounted Acts of this Court No Act to pâ—â—â— without consent oâ— the major part of both and accordingly be Ingrossed which on the last of day every Session shall be deliberately Read over before the whole Court Provided that if the Magistrates and Deputies shall happen to differ in any case of Judicature either Civil or Criminal such Case shall be determined by the Major Vote of the whole Court met together 3. FOR the Electing of the Governour Deputy Governour Assistants and General Officers upon the day appointed by our Patent to hold our yearly Election being the last Wednesday of every Easter Tearm Day of Election to be aâ—â—â—ded without Summons It is Solemnly and Unanimously Decreed and Established That henceforth the Freemen of this Jurisdiction shall either in Person or by Proxy without any Summons Attend and Consummate the Elections on the day aforesaid yearly at which time also they shall send their Deputyes with full Power to consult of and determine such matters Deputies also to be sent as concern the Welfare of this Common-wealth From which General Court no Magistrate or Deputy shall depart or be discharged without the consent of the Major part both of Magistrates and Deputies None to depart without leave during the first four dayes of the first Session under the penalty of one hundred pounds nor afterwards under such penalty as the Court shall impose Provided that the Deputies of Dover and of such other Townes as are not by Law bound to send Deputies are at liberty of attending any after Sessions 1643 53. 4. It is hereby Ordered and declared that the Governour and Deputy Governour joyntly agreeing or any three Assistants consenting L. 1. P. 24. have power out of Court to Reprieve a condemned Malefactor Governour and Deputy Governor three Assistant to review one condemned till the next Court of Assistants or General Court and that the General Court onely hath Power to Pardon a condemned Melefactor Also it is declared that the General Court hath Authority to send forth into Forraine parts any member of this Common-wealth General Court may send forth any person of whatsoever quality conditon office or relation about any publick Message or Negotiation Provided the Party so sent be acquainted with the Affaires he goeth about and be willing to undertake the Service 1641 5. It is Ordered by this Court that the Governour L. 1. P. 36 24. Deputy Governour or greater part of the Assistants may upon urgent occasion call a General Court at any time Power to call a General Court Not to be diâ—solved but by consent But no General Court shall be dissolved or adjourned without the consent of the Major part thereof 6. It is Ordered and declared that the Governour shall have a casting Vote wheresoever there shall be an aqui-vote in the Courts of Assistants or General Court the President or Moderator in all Courts of Civil Assemblies 1641 The Court being sensible of the great necessity of maintaing the Authority of Courts and Magistrates Doth Order That whosoever shall openly or willingly defame any Court of Justice L. 1. P. 36. or the Sentences and Proceedings of the same or any of the Magistrates or other Judges of any such Court in respect of any act or sentence therein passed Reproach Court or Magistrates and be convicted thereof shall be punished for the same penalty by whipping fine imprisonment dis-franchisment or banishment as the quality or measure of the offence shall deserve And if any Magistrate or other member of any Court shall use any reproachfull or unbeseeming speeches or behaviour towards any Magistrate Judge Offences of the members of the Court in Court how censured or member of that Court in the face of the Court he shall bee sharply reproved by the Governour or President of the said Court and if the quality of the offence be such as shall deserve a further Censure or if the person so reproved shall reply again without leave the Court may proceed to punish any such offender by fine or imprisonment or may bind him over to the next superiour Court. And if in a General Court any miscariage shall be amongst the Magistrates when they are by themselves it shall be examined and sentenced amongst themselves if amongst the
his other Fees 5. And it is Ordered That all Marshals and Constables within this Jurisdiction shall henceforth from time to time A. 53. p. 20 allow and pay unto the Marshal General three pence out of every fifteen pence they receive for serving Attachments also three pence out of every shilling due to them for Leavying of Fines and Executions Marshal General his Fees And it is further Ordered That the said Marshal General shall from time to time have and enjoy to his own use and benefit the Custome of two pence per quart upon all such as do or shall Retail strong waters and all such as shall sell under one Gallon at a time shall be accounted Retailers whether Licensed or not and the one half of the sine of five pounds of all such persons as shall upon his information or complaint be convicted to have sold strong waters without License as also the sole benefâ—t of the Impost of all strong waters brought into the Country which this Court doth allow as a meet Incouragement and Sallary for the service of the said Marshal General 6. Whereas the Marshals and their Deputies have often need of Assistants in the execution of their Office L. 1. p. 10. It is Ordered that they and every of them Marshal may â—eâ—â—â—â— is the Constable may have and shall have the same power to enjoyne and charge any person to aid them and assist them therein as every Constable hath and whosoever shall refuse or not yield Obedience thereto shall incur the like penalty that those do or should do that Refuse to aid the Constable in his Office 7. And upon cases of Fines and Assessments to be Leavied L. 1. p. 45. and upon Execution in civil Actions the Marshal or other Officer shall demand the same of the party at his house or place of usual abode Officer may break open doors oâ— chests and upon refusal or non-paiment he shall have power calling assistance if he see cause to break open the door of any House Chest or place where he shall have notice that any Goods liable to such Leavie or Execution shall be and if he be to take the person he may do the like if upon demand he shall refuse to render himself 8. Necessary charges to be leavied And what ever charges the Officer shall necessarily be put unto upon any such occasion he shall have power to leavie the same as he doth the Debt Fine or Execution and where the Officer shall leavie any such Goods upon Execution as cannot be conveyed to the place where the party dwells for whom such Execution shall be leavied without considerable charge he shall leavie the said charge also with the Execution The like Order shall be observed in leavying of fines Provided it shall not be lawful for such Officer to leavie any mans necessary Bedding Goods exempt from Execution Apparel Tools or Arms neither Implements of House hold which are for the necessary upholding of his life but in such cases he shall leavie his land or person according to Law and in no case shall the Officer be put to seek out any mans estate further then his place of abode but if the party will not discover his Goods or Lands the Officer may take his person 9. Officer doing wrong to make satisfaction And it is Ordered That if any Officer shall do injury to any by colour of his Office in these or any other cases he shall be liable upon complaint of the party wronged by Action or information to make full restitution 1647. Masters Servants Labourers Servants not to give or truck IT is Ordered by this Court and the Authority thereof That no servant either Man or Maid shall either give sell or truck any Commodity whatsoever without License from their Masters during the time of their service under pain of fine or corporal punishment at the discretion of the Court as the offence shall deserve 2. Work the whole day And that all Workmen shall work the whole day allowing convenient time for food and rest 3. It is also Ordered That when any Servants shall run from their Masters Servants run away to be pursued or any other Inhabitants shall privily go away with suspition of evil intentions it shall be lawful for the next Magistrate or the Constable and two of the chief Inhabitants where no Magistrate is to press Men and Boats or Pinnaces at the publick charge to pursue such persons by Sea and Land and bring them back by force of Arms. 4. It is also Ordered by the Authority aforesaid That the Freemen of every Town may from time to time as occasion shall require Wages to be sâ—â— b◠〈…〉 in Towns agree amongst themselves about the prizes and rates of all workmens labour and servants wages And every person inhabiting in any Town whether Workmen Labourer or Servant shall be bound to the same Rates which the said Freemen or the greater part shall binde themselves unto and whosoever shall exceed those Rates so agreed shall be punished by the discretion of the Court of that Shire according to the quality and measure of the offence And if any Town shall have any cause of complaint against the Freemen of any other Town for allowing greater Rates or wages then themselves the County Court of that Shire shall from time to time set order therein 5. And for servants and workmens wages It is Ordered That they may be paid in Corn to be valued by two indifferent Freemen chosen Wages to be paid in Corn the one by the Master the other by the Servant or Workman who also are to have respect to the value of the work or service and if they cannot agree to be valued then a third man shall be chosen by the next Magistrate or if no Magistrate be in the Town then by the next Constable unless the parties agree the price themselves Provided if any Servant or Workmen agree for any particular payment then to be paid in specie or consideration for default therein And for all other payments in Corn if the parties cannot agree they shall choose two indifferent men and if they cannot agree then a third as before Servants flying cruelty 〈◊〉 Mast may be harborâ—â— 6. It is Ordered and by this Court Declared That if any Servant shall flee from the Tyrany and Cruelty of his or her Master to the House of any Freeman of the same Town they shall be there protected and sustained till due order be taken for their Relief Provided due notice thereof be speedily given to their Master from whom they fled and to the next Magistrate or Constable where the party so fled is Harboured Servants not put off with put â—â—â—wance of 2 Mag. 7. Also that no Servant shall be put off for above a year to any other neither in the life time of their Master nor after their death by their Executors or
Usage or Custome to the contrary notwiâ—â—standing unless the Court that granted the Judgement shall see cause to give further time and respit of Execution in any particular case Swearing and Cursing IT is Ordered by this Court and Authority thereof That if any person within this Jurisdiction Swearing 10. s. shall Swear rashly or vainly by the Holy Name of God or other Oath he shall forfeit to the Common Treasury for every such offence ten shillings Swearing 10 s. and it shall be in the power of any Magistrate by warrant to the Constable to call such person before him and upon sufficient proof to sentence such offender and to give Order to leavie the fine and if such person be not able or shall refuse to pay the said fine or sit in stocks he shall be committed to the Stocks there to continue not exceeding three hours nor less then one hour 2. And if any person shall swear more Oaths then one at a time L. 2. p. 14. before he remove out of the Room or Company where he so Swears more Oaths then one 20 s. he shall then pay twenty shillings The like penalty shall be inflicted for Prophane and Wicked Cursing of any Person or Creature and for the multiplying the same as is appointed for prophane Swearing and in case any person so offending by multiplying Oaths or Cursing shall not pay his or their fines forthwith like penalty for Cursing they shall be whipt or committed to Prison till they shall pay the same at the discretion of the Court or Magistrate that shall have cognizance thereof SWINE Select-men to make Orders to prevent harms by Swine IT is Ordered by this Court and the Authority thereof That every Town-ship within this Jurisdiction or the Select-men thereof are impowred and hereby required from time to time to make Orders for preventing all harms by Swine in Corn Meadows Pastures and Gardens as also all danger to Children or elder persons in any respects by Swine and to impose penalties according to their best discretion and to appoint one of their Inhabitants by Warrant under the hands of the Select-men or the Constable where no Select-men are to leavie such fines and penalties A. 1658. and if any person chosen to see the Execution of this Order shall neglect or refuse the same he shall forfeit five pounds the one half to the Town the other half to the party that accepts the place and performs his duty therein 2. And where Towns Border each upon other whose Orders it may be are various Damage to be paid according to the Town Ordere where it is done Satisfaction shall be made for harms done by Swine according to the Orders of the Town where the damage is done But if the Swine be Ringed and Yoaked or otherwise as the Orders of the Town to which they belong doth require then where no Fence is or that it be insufficient through which the Swine come to Trespass the Owner of the Land or Fence shall bear all damages No Fence no damage And it is hereby Declared That all Fences made of Stone Pales Rails Rivers Creeks or any other Fences which are allowed by such men as are appointed in the several Towns to view Fences to be sufficient against great Cattle A. 51. p. 4. shall be held and accounted sufficient against Swine Fences sufficient and all Swine breaking through such Fences shall be liable to make satisfaction for all Damages done 3. And if any Swine be Impounded for Damage done and there be kept three dayes No owners appearing Swine to be prized and that no person will own them then the party Damnified shall give notice to the two next Towns where any are within five miles Compass that such Swine are to be fold by an Out-cry within three dayes after such notice by the party Damnified and in case none will buy he shall cause them to be Apprized by two indifferent men one whereof shall be the Constable or one chosen by him signified under their hands in Writing and may keep them for his own use And in both cases if the Owner shall after appear the overplus according to the said valuation all Damages and Charges being paid shall forthwith be rendred to him And if any Town or Select-men shall neglect to take Order for preventing harms by Swine according to this Law more then one Moneth after publication hereof such Town or Select-men shall forfeit to the Treasury forty shillings for every Moneth so neglecting 1647 51 58. TILE-EARTH IT is Ordered by this Court That all Tile-Earth to make Sale Ware shall be Digged before the first of the ninth Moneth and turned over in the last and first Moneth ensueing a Moneth before it be Wrought upon pain of forfeiting one half part of all such Tiles as shall be otherwise made to the use of the Common Treasury 1647. TOBACCO IT is Ordered by this Court That no man shall take any Tobacco within twenty Poles of any House or so near as may indanger the same or near any Barn Corn or Hay-cock as may occasion the firing thereof upon pain of ten shillings for every such offence besides full Recompence of all Damages done by means thereof Nor shall any take Tobacco in any Inne or common Victual House except in a private Room there so as neither the Master of the said House nor any other Guest there shall take offence thereat which if any do then such person shall forthwith forbear upon pain of two shillings six pence for every such offence And all fines incurred by this Law the one half part shall be to the Informer the other to the Poor of the Town where the offence is done 1638 47. Tolling of Cattle FOr the prevention of Fellonious practises growing upon us by Stealing of Horse-kinde and other Neat Cattle and selling them as their own It is Ordered by this Court and the Authority thereof That there shall be a Toll-Book kept in every Town by the Clerk of the Writts wherein all Horse-kinde and other Cattle as aforesaid bought of any person shall be Entred with their Age Colour and Marks at the peril of the Buyer with the Name of the Seller and such Seller shall have two vouchers to Testifie the said Seller to be the proper Owner of such Horse-kinde or other Cattle so sold or in case of Horse-kinde or Cattle so sold shall be challenged by any other person the Vouchers in case of the escape of the Seller shall be liable to all damages that shall arise thereupon And the Clerk of the Writts shall have three pence of the Buyer for entring every such Horse-kinde or Neat Cattle And if any Horse-kinde or other Cattle as asforesaid so bought by any person be not Toll'd nor Sellers nor Vouchers found upon challenge of any such Cattle the said Buyer shall be liable to all Damages as the Felon himself should be were he present And
have a Wyth about the neck upon penalty of loosing all his charges that shall arise about it afterwards provided that no person shall from the first of April to the twentieth of December take up any Herse Gelding or Mare for a Stray or account or use them as Strayes though the Owner thereof be not known Taking off the Wyth or taking away the beast forfeit the value unless it be taken Damage feizant in inclosures Provided also that if any Owner or other shall take off such Wyth or Wreath or take away such Beast before he hath discharged according to this Order he shall forfeit the full value of the thing apprized as aforesaid to the use of the finder 1647. AS an Addition and Explanation of the Law tit Strayes This Court finding that several inconveniences and troubles do arise about Strayes Chattel and Horses c. and that the temptation may be too great on some persons in remote Towns and Farms Addition to the Law of Strayes to take up Chattel c. and make Strayes of them the whole benefit redounding to themselves ' This Court doth Order for the time to come That all Strayes shall be first cryed in that Town of which they have the Brand-mark To be cryed in the Town on which they have the Brand mark And that all such Strayes and other lost Goods contained in the said Law shall be entred with the County Recorder in each County and by him transfered to the Country Treasurer within one Moneth To be entred with the It Câ—â—der of the Câ—â—â—ty Hâ—lf to the Country the other halt to the Finder and in case the said Goods and Strayes are not owned within one year as is therein expressed then the one half or the value of one half shall be to the use of the Country and the other half to the finder the charges being first paid out of the whole 1666. STRANGERS VVHereas we are credibly informed that great mischiefs have been done to other Plantations by reason of Commanders Souldiers A. 51. p. 7. and other Strangers To prevent the like in this Jurisdiction It is Ordered by this Court and Authority thereof That henceforth all Strangers of what quality soever above the age of sixteen years Strangers Arriving to be brought before the Governour Arriving in any Ports or Parts of this Jurisdiction in any Ship or Vessel shall immediately be brought before the Governour Deputy Governour or two other Magistrates by the Master or Mate of the said Ship or Vessel upon penalty of twenty pounds for default thereof there to give an account of their occasions and business in this Country whereby satisfaction may be given and Order taken with such Strangers as the said Governour Deputy Governour two Magistrates or the next County Court shall see meet who shall keep a Record of the Names and Qualities of all such Strangers to be returned to the next General Court And for the Publications of this Order Capt of the Castle to give notice of this Order It is Ordered the same to be Posted upon the Doors or Posts of the Meeting-houses and other publick places in all the Port Towns of this Jurisdiction And the Captain of the Castle shall make known this Order to every Ship or Vessel as it passeth by and the Constable of every Port Town shall endeavour to do the like to such Ships or Vessels before they Land their Passengers 1651. And if any Strangers or People of other Nations L. 1. p. 23. professing the true Christian Religion shall fly to us from the Tyrany or Oppression of their Persecutors or from Famine Strangers to be succoured Wars or the like necessary and compulsory Cause they shall be entertained and succoured amongst us according to that power and prudence God shall give us 1641. Every person within this Jurisdiction whether Inhabitant or Strâ—â—ger shall enjoy the same Law and Justice that is general for this Jurisdiction L. 2. p. 32. which we constitute and execute one towards another in all cases proper to our cognizance without partiality or delay 1641. Strangers to have equal Justice No Town or person shall receive any Stranger Resorting hither with intent to Reside in this Jurisdiction nor shall allow any Lot or Habitation to any or entertain any such above three Weeks except such person shall have allowance under the hand of some one Magistrace upon pain of every Town that shall give or sell any Lot or Habitation to any not so Licensed such fine to the Country as the County Court shall impose not exceeding fifty pounds nor less then ten pounds And of every person receiving any such for longer time then is hereby allowed except in case of entertainment of friends resorting from other parts of this Country in amity with us No Town or per son to entertain strangers without allowance to forfeit as aforesaid not exceeding twenty pounds nor less then four pounds and for every Moneth after so offending shall forfeit as aforesaid not exceeding ten pounds nor less then forty shillings And every Constable shall inform the Courts of all new-comers which they know to be admitted without License from time to time Finable 1637 38 47. Sureties and Goods Attached UPon Information of some inconveniencies accruing to several persons in that men take themselves acquitted and free from all legal observations in case of appearance in Courts L. 1. p. 15. according to the express tearms of the Bond or at most if the Principal there stay till Verdict and â—udgement be given which if they be they may then make away their Estates or absent their persons before the t weare hours be expired for granting I Execution whereby the party recovering may either be deprived of or much damaged in his just Rights Not discharged till Judgement be satisfied It is therefore Ordered by this Court and the Authority thereof That henceforth all Goods Attached upon any Action shall not be released upon the appearance of the party or Judgement given but shall stand engaged until the Judgement or the Execution gramed upon the said Judgement be discharged Nor shall any Surety or Sureties for appearance in any Court except in Capital or Criminal Cases be released from his or their Lond until the Execution as aforesaid be discharged and satisfied or the person de livered to the Marshal or the Principal Person be surrendred into the hands of the Marshal or his Deputy who shall secure him till the Judgement be discharged any Law Custome or Usage to the Contrary notwithstanding Provided alwayes That henceforth in all Civil proceedings except in cases where the Defendant is a Stranger where Execution is not taken out and Executed within one Moneth after that Judgement is granted Goods persons Attached one month after Judgement released all such Attachments whether on persons or Estates with Sureties shall be released and void in Law any Law