exceeding Five Pounds for any Offence the same to be Levied and paid in to the Treasurer for the Use of Their Majesties towards the Support of the Government of the Province and Incident Charges thereof And it is further Enacted That the Select-men and Assessors in each Town be and hereby are Impowred if they think fit to Nominate and Appoint one or more able and sufficient persons within the Bounds and Limits of such Town to be Collectors of the Money due to Their Majesties by this Act for whose paying unto the Treasurer his Deputy or Deputies such Money as they shall be Charged withal the Town by whom they are so Imployed shall be Answerable And it is further Enacted That if any Constable or Collector shall be Remiss and Negligent of his Duty in not Levying and Paying unto the Treasurer his Deputy or Deputies such Sum and Sums of Money as from time to time he shall have received and as ought by him to have been paid within the respective times Set and Limited by the Warrant or Estreat to him Committed pursuant to the Acts of this Assembly referring to said Tax and is not paid by reason of his failing in doing his Duty according to the Directions and Command therein The Treasurer is hereby Impowred by Warrant under his Hand and Seal after the Expiration of the time so set to Levy all such Sum and Sums of Mony by Distress and Sale of such Defective Constable or Collectors Goods and Chattels returning the Overplus if any be and for want of such Distress to Commit the Offender to the Commen Goal of the County Be it Further Enacted That if any Person or Persons shall refuse to pay the Several Sum and Sums and Proportions as have been or shall be Further Assessed upon him or them to pay in persuance of this or the Former Act Relating to Said Tax or Assessment upon Demand made by the Constable or Collector of the Town place or precinct according to the precept or Estreats to him delivered It shall and may be Lawful to and for such Constable or Collector who are hereby thereunto Authorized Constable or Collectors Power to Distrein and Required for Nonpayment thereof to Distrein the Person or Persons so refusing by his or their Goods or Chattels and the Distress or Distresses so taken to keep by the Space of Four Dayes at the Cost and Charges of the Owner thereof And if the Said Owner do not pay the Sum and Sums of money so assessed upon him within the said four dayes then the said Distress or Distresses to be apprized by two or three of the Inhabitants where the Distress is taken and to be sold by the said Officer for payment of the said mony and the Overplus coming by the said Sale if any be over and above the Charges of taking and keeping the said Distress or Distresses to be immediately restored to the Owner And if any person or persons Assessed as aforesaid shall refuse or neglect to pay the sum or sums so assessed by the Space of Twenty Dayes after demand thereof where no sufficient Distress can or may be found whereby the same may be Levied in every such Case For want of Distress to Commit the Person two or more of the Select-men or Assessors in such Town are hereby Authorized by Warrant under their Hands and Seals to Commit such person or persons to the Common Goal there to be kept without Baill or Mainprize until payment shall be made And it is further Enacted That where any Person or Persons have removed or shall remove from any Town or place where he or they lived or had their residence at the time of makeing the Lists of any Tax or Assessment not having before paid the respective Sums or Proportion set upon them by said Tax Provision in case of persons Removal it shall and may be lawful to and for the Constable or Collecter to whom any such Tax or Assessment is committed with Warrant to Collect who are hereby Authorized and Impowred to demand the sum or sums Assessed upon such person and persons in what Town or place soever he or they may be found and upon refusal or neglect to pay the same to Distreâ—â— the said person or persons by his or their Goods and Chattels as aforesaid And for want of such Distress to Commit the party to the Common Goal there to remain until payment be made And for a present Supyly of Moneys to carry on the Publick Occasions of the Government for the ends within mentioned It is further Enacted and Ordained by the authority aforesaid That the Governour and Council 〈◊〉 and hereby are Impowred to Borrow and take up upon Loan of any person or persons any such and sums of money not Exceeding Five Thousand Pounds upon the Credit of this Act and to make over and give for Security unto the person and persons so Lending the one Third Part of the Moneys granted and to be Collected by virtue of the same for the Repayment of the Moneys that shall be lent with Interest for Forbearance after the Rate of Seven Per Cent Per Annum the said Interest Money to be paid at the end of evey Three Months until repayment of the Principal AND WHEREAS much of the Arrears of the Rates and Assessments which were granted as a Fund for the Bills of Credit Emitted by the Late Government of the Massachusetts Coleny have been and are daily bringing in to Their Majesties Treasury of this their Province Bills of Credit made carrant in Publick Payments and Imployed in Payment or the Publick debts thereof there being but few of those Bill now standing out except what were borrowed by the present Government It is therefore Enacted That all the said Bills as well those not Endors't as others shall be received in payment of all Taxes or Assessments and other Publick Payments whatsoever at Five Pound per Centum advance any Act or Law to the contrary notwithstanding And that those that have lent their Bills to the Treasury shall have the same allowance of Five Pound Per Centum for so much as shall be repaid them by discount Bona Fide on their own account with the Treasurer for Rates Impost or Excise An Act For the better Securing the Liberty of the Subject and for prevention of Illegal Imprisonment FOr the speedy Relief of all Persons Imprisoned for Criminal or supposed Criminal Matters in such Cases where by Law they are Bailable BE it Enacted by the Governour Council and Representatives in General Assembly Convened and it is Enacted by the Authority of the same That whensoever any person or persons shall bring any Habeas Corpus Directed unto any Sheriff or Sheriffs Goaler Minister or other person whatsoever for any person in his or their Custody and the said Writ shall be served upon the said Officer or left at the Goal or Prison with any of the Under-Officers Writs of Habeas Corpus within
pain of Forfeiting the Sum of Forty Shillings for every such Offence upon due Conviction thereof Penalty on Gamesters the said Fine to be disposed of as aforesaid And every person convicted of Playing as aforesaid in any such House or Dependences thereof shall Forfeit the Sum of Six Shillings and Eight Pence to be disposed of as aforesaid And further it is Enacted by the authority aforesaid Penalty for refusing to give Evidence against persons Selling without Licence That any person duly Summoned to give in Evidence respecting the Breach of this Act in any of the Branches thereof other than the party himself his Children or Servants that shall refuse to give in upon his Oath when so required what he knows relating to the Premises shall Forfeit Forty Shillings to the use of the poor of the Town as aforesaid And it is further Enacted by the Authority aforesaid That every Justice of the Peace in the County where he dwells One Justice may hear determine all Offences against this Act as well as the Justices in Quarter Sessions are hereby respectively Impowred to hear and determine all Offences against this Act and may Commit the Offender to Prison until he pay the said Fine and Enter into Recognizance as aforesaid for the good Behaviour Or may cause the Fine to be Levied by Distress and Sale of the Offenders Goods returning the Overplus if any be An Additional Act For Impost and Excise BE it Enacted by the Governour Council and Representatives in General Court assembled And by the authority of the same That there shall be paid by the Importer for all Wines Imported into this Province not particularly named and mentioned in an Act Entituled An Act for Impost Excise and Tonnage of Shipping made at the first Sessions of this Court the Sum of Ten Shillings per Hogshead and so proportionably for greater or lesser quantities And that there be paid by those that Sell any of the said Wines by Retail the Sum of six-pence per Gallon Excise and so proportionably for greater or lesser quantities And to be under the same Regulation Inspection and Forfeitures as is provided by said Act the said payments to be made unto the Commissioners appointed for the Receiving of the Rates and Duties therein mentioned This present Act to remain and continue in force only during the time set for continuance of the Act before Recited and no longer An Act For the better Observation and Keeping the Lords-Day BE it Enacted and Ordained by the Governour Council and Representatives Convened in General Court or Assembly and it is Enacted by the Authority of the same That all and every Person and Persons whatsoever shall on that Day carefully apply themselves to Duties of Religion and Piety publickly and privately and that no Trades-man Artificer Labourer or other person whatsoever shall upon the Land or Water Do or Fxercise any Labour Business or Work of their ordinary Callings nor use any Game Labour and Sports Prohibited on penalty of Five Shillings Sport Play or Recreation on the Lords-Day or any part thereof Works of Necessity and Charity only excepted upon pain that every Person so Offending shall Forfeit Five Shillings Further it is Ordered and Declared That no Traveller Drover Horse-Courser Waggoner Butcher Higler Travelling prohibited on penalty of Twenty Shil lings or any their Servants shall Travel on that Day or any part thereof except by some adversity they were Belated and forced to Lodge in the Woods Wilderness or High-ways the night before and in such case to Travel no further than the next Inn or Place of Shelter on that Day upon the penalty of Twenty Shillings Further it is Ordered That no Vintner Inn-holder or other Person keeping any Publick-house of Entertainment Publick houses not to entertain any others than Strangers Lodgers on penalty of Five Shillings for every person shall Entertain or Suffer any of the Inhabitants of the Respective Towns where they Dwell or others not being Strangers or Lodgers in such Houses to abide or remain in their Houses Yards Orchards or Fields Drinking or idly spending their time on Saturday night after the Sun is Set or on the Lords-Day or the Evening following upon the pain and penalty of Five Shillings for every person payable by themselves respectively that shall be found so Drinking or Abiding in any such Publick House or Dependences thereof as aforesaid and the like Sum of Five Shillings to be paid by the Keeper of such House for every person Entertained by them And for the better Execution of all and every the foregoing Orders One Justice of the Peace may hear determin any breach of this Act. every Justice of the Peace within his County shall have Power and Authority to Convent before them any person or persons who shall offend in any of the particulars before mentioned and upon his own view or other legal Conviction of any such Offence to impose the Fine and Penalty for the same and to Restrain or Commit the Offender until it be satisfied or to cause the same to be Levied by Distress and Sale of the Offenders Goods returning the Over-plus if any be and in case any such Offender be unable or refuse to satisfie such Fine Fines for breach of this Act to be to the use of the poor to cause him to be put in the Cage or set in the Stocks not exceeding three hours All Fines and Penalties accruing by this Act to be to the benefit and relief of the Poor of such Town where the Offence is committed and delivered into the hands of the Select-men or Overseers of the poor for that end And all Masters and Governours of Families are hereby required to take effectual care that their Children Servants and others under their immediate Government do not transgress in any of the foregoing particulars And all and every Justices of the Peace Constables and Tything-men are required to take effectual care and endeavour that this Act in all the particulars thereof be duly observed Justices Constables c. required to see that this Act be observed as also to restrain all persons from Swimming in the water unnecessary and unseasonable walking in the Streets or Fields in the Town of Boston or other places keeping open their Shops or following their Secular Occasions or Recreations in the Evening preceding the Lords-Day or on any part of the said Day or Evening following And all persons are strictly required to be obedient to and aiding and assisting such Justices Constables and other Officers herein as they will answer the contrary at their Peril An Act For Prevention of Common Nusances arising by Slaughter-Houses Still-Houses c. Tallow Chandlers and Curriers BE it Ordained and Enacted by the Governour Council and Representatives Convened in General Court or Assembly and by the Authority of the same That the Select-Men of the Towns of Boston Salem and Charlstown Respectively or other Market-Towns
if any person or persons upon whom any Process out of any Court of Record shall be Served to Testifie or Depose concerning any Cause or matter Depending in any of the same Courts and having tendred unto him or them such reasonable Sums of Mony for his or their Costs and Charges as having regard to the distance of the places is necessary to be allowed in that behalf do not appear according to the Tenor of the Process having no lawful or reasonable Let or Impediment to the contrary Penalty for Non-appearance that then the party so making Default shall for every such Offence Lose and Forfeit Forty Shillings and shall yield such further Recompence to the Party grieved as by the Discretion of the Justices of the Court out of which such Process Issued shall be Awarded according to the Loss and Hindrance that the Party which procured the said Process shall sustain by reason of the Non Appearance of the said Witness or Witnesses the said several Sums to be Recovered by the Party so grieved against the Offender or Offenders by Action of Debt Bill Plaint or Information in any of Their Majesties Courts of Record in which no Wager of Law Essoign or Protection to be Allowed Justices may Grant Summons Capias or Attachment It is further Declared and Enacted by the authority aforesaid That every Justice of the Peace may Grant Summons Capias or Attachment in all Civil Actions Triable before him An Act Requiring the Taking the Oaths appointed to be taken instead of the Oaths of Allegiance and Supremacy WHEREAS Their Royal Majesties in and by Their Charter for the Erecting and Incorporating of Their Province of the Massacausests-Bay in New-England Have Granted and Ordained That the Governour or Lievtenant or Deputy Governour of Their said Province or Territory for the time being or either of them or any Two or more of the Council or Assistants for the time being as shall be thereunto appointed by the said Governour shall and may at all times and from time to time have full Power Authority to Administer Give the Oaths appointed by an Act of Parliament made in the First Year of Their present Majesties Reign Entituled An Act for the Abrogating of the Oaths of Allegiance and Supremacy and appointing other Oaths to be taken stead of the Oaths of Allegiance and Supremacy to all and every person and Persons which are now Inhabiting or Residing within the said Province or Territory Or which shall at any time or times hereafter go or pass thither Now to the Intent that there be no failure herein but that Their Majesties Subjects within this Their Province may accordingly Recognize their Duty and Allegiance BE it Enacted and Ordained by His Excellency the Governour Council and Representatives in General Court Assembled And by the Authority of the same That the Oaths in said Act mentioned and thereby appointed to be taken in stead of the Oaths of Allegiance and Supremacy All male persons of 18 years and upwards to take the oaths and each of them be and shall be forthwith Administred and given unto all Male persons of the Age of Eighteen Years or above Inhabiting or Residing in any Town or Place within this Province that have not already taken the same and shall make it so appear by his Excellency the Governour or the Lievtenant or Deputy Governour or any two or more of the Council or Assistants or such others as shall be thereunto appointed by the Governour and the List of the Names of all persons so Sworn to be returned into the Secretary ' s Office And be it further Enacted by the Authority aforesaid That if any person or persons shall refuse to take the said Oaths Penalty for refusing or either of them when tendered to him or them by any persons lawfully Authorized as is aforesaid to Administer or Tender the same the person or persons so Tendering the said Oaths or either of them shall commit the said person and persons so refusing to the Common Goal or House of Correction there to remain without Bail or Mainprize for the space of Three Months Unless such Offender shall pay down to the said person or persons so Tending the said Oaths or either of them such Sum of Money not exceeding Forty Shillings as the said person or persons so Tendring the said Oaths or either of them shall require such Offender to pay for his said refusal which Money shall be paid to the Select-Men or Overseers of the poor of the Town or place where such Offender did last inhabit AND Unless every such Offender shall also become bound with two Sufficient Sureties with Condition to be of the Good Behaviour and also to appear at the next General Quarter-Sessions of the Peace to be held for the fame County where such Offender doth Inhabit or Reside at which Court of Quarter Sessions the said Oaths shall be again Tendered to every such Offender by the Justices of the said Court in open Sessions And if the said Offender shall refuse to take the said Oaths or either of them when Tendred to him by the said Justices in open Sessions as is aforesaid the said Justices Tendring the said Oaths shall Commit the said Person and Persons so refusing to the Common Goal or House of Correction there to remain for the space of six Months unless every such Offender shall pay down to the Justices so Tendring the said Oaths such Sum of Money not exceeding Ten Pounds nor under Five Pounds as the said Justices shall require such Offender to pay for his Second Refusal the said Money to be disposed of in manner aforesaid and unless every such Offender shall likewise become bound with Two Sufficient Sureties with Condition to be of the good Behaviour until he or they do take the said Oaths And whereas there are certain persons who scruple the taking of any Oath Be it Enacted by the Authority aforesaid That every such Person shall Make and Subscribe the Declaration of Fidelity following viz. I A. B. Do sincerely Promise Declaration of fidelity and solemnly Declare before God and the World That I will be True and Faithful to King WILLIAM and Queen MARY And I do Solemnly Profess and Declare that I from my Heart Abhor Detest and Renounce as Impious and Heretical that Damnable Doctrine and Position That Princes Excommitted cated or Deprived by the Pope or any Authority of the SEE of ROME may be Deposed or Murdered by their Subjects or any other whatsoever And I do Declare that no Forreign Prince Person Prelate State or Potentate hath or ought to have any Power Jurisdiction Superiority Preheminence or Authority Ecclesiastical or Spiritual within the Realm of Engiand or any of Their Majesties Dominions An Act For the Establishing of Form's of Oaths BE it Declared and Enacted by the Governour Council and Representatives in General Court Assembled And hy the Authority of the same That the several Forms of Oaths
returned to fall greatly short of what was expected and of answering the necessity of the Publick Oceasions Therefore to the Intent that there may be a Regulation of the said Tax and a further Supply made for their Majesties Service to the ends before mentioned BE it Ordained and Enacted by the Goveruour Council and Representatives in General Court Assembled and by the Authority of the same That there be Two Commissioners appointed by this Court for each County within the Province to pass into the several Towns lying within such County at or before the Twenty Second day of February next coming Who together with the Select-men and Commissioner of each Town respectively that made the Lists of said Assessment shall Review the same which the said Select-men and Town Commissioners shall then Exhibit and Expose in the particulars thereof both of Polls and Estate within such Town with an Addition of all Polls and Estate which were before omitted as well Noting the Names of all persons whom through Age and Infirmity they expect should be exempted from the Poll Tax as others And the said Select-men Town and County Commissioners shall Regulate Correct and Perfect such Lists according to the Pates herein after-mentioned setting down the Sums both for Heads and Estate in distinct Columns That is to say each Male Person of Sixteen Years old and upwards except such as are by Law excepted at Ten Shillings by the Poll and all Houses Warehouses Tan-Yards Orchares Pastures Meadows and Lands Mills Cranes and Wharffs to be Estimated at seven years Income as they are or may be Let for in the respective places where they lye which seven years Income is to be Esteemed and Reputed the value of such Estate upon said Tax and each Hundred Pound in value to be Rated Thirty Shillings thereto Cattle to be valued as follows To wit each Ox and Horse kind of four years old or upwards at Forty Shillings each Cow of three years old or upwards at Thirty Shillings all Sheep and Swine of one year old or upwards at Four Pound per Score All Shipping Goods Wates Merchandizes and Trading Stock and Estate by the Rule of common Estimation at the best discretion of the Assessors Every Handicrafts man for his Income at discretion aforesaid Every Male Slave of Sixteeen Years Old or upwards at Twenty Pounds Estate All which particulars of Estate aforesaid as well Real as Personal shall be Assessed to said Tax Thirty Shillings for each Hundred Pound in value and so proportionably and where any Fermer or Occupier of Housing or Lands lying within any Town or Precinct shall be hereafter Assessed to any Publick Tax of the Province for such Housing or Lands in his Occupation the Landlord shall Reimburse the said Fermer or Occupier such Sum and Sums of Mony as he shall pay for the same where no particular Contract is made to the contrary And further it is Enacted by the authority aforesaid That every person 〈◊〉 â—…all 〈◊〉 or Neglectâ—… 〈…〉 give in to the Select-Men a particular Account of his Estate shall be Assessed as aforesaid at discretion and every person who shall give in a partial account shall be alike assessed doubly for so much as he leaves out and if any Person find himself agrieved at any sum or sums that shall be let upon him by the Assessors he may make application unto them for relief and if he be not thereby eased may further apply unto the Justices of such County at the next-Quarter Sessions and making it appear to them that he is over rated they shall order an abatement accordingly And it is further Enacted by the Authority aforesaid That the Lists of the Respective Towns being Examined Regulated and Perfected as aforesaid and Signed by the Select men and Town Commissioner shall be delivered unto the Commissioners for such County and by them brought to Boston upon the First Wednesday in March next where the Comissioners for each County or the Major part of them then and there met shall be a Committee to take an account of the sum total of each List and if the whole shall not amount to the sum of Thirty Thousand Pounds including the Sum already returned unto the Treasurer for which his Warrants are gone forth then the said Committee are hereby Impowred to make a further addition upon each Town Proportionably to what shall be wanting to make up Thirty Thousand Pounds in the whole including as aforesaid And if it appear unto the said Committee that any Town or County shall have been generally defective in not attending the Rules and Directions herein before given for the said Tax then they are to Report the same unto the General Assembly at their next sitting to be Rectified and adjusted but shall forthwith deliver the said Lists with the additional Sums made to the same unto the Treasurer who is hereby Ordered and Impowied upon receipt thereof to Issue forth his Warrants affixed to said Lists and directed to the Constables or Collectors for each Town Respectively for the Collecting and Levying of the same which is hereby granted to be paid in Money or otherwise to the Trea surers Satisfaction unto the Treasurer his Deputy or Deputys And for manner and time as follows Tâ—… 〈◊〉 to say Ten Thousand Pounds part of said Sum besides what the Treasurers Warrants are already out for at or before the First day of May next 〈◊〉 and the full remainder of said Sum to make up the Thirty Thousand Pound as aforesaid at or before the last day of February which will be in the Year of Our Lord One Thousand Six Hundred Ninety Three Provided nevertheless where the Treasurer shall Order payment to particular persons within their Respective Towns or Neighbourhood for wages or any other Disbursements due in such cases payment to be made in Merchantable Grain Provisions or Cloathing each at the currant Money Price And it is further Enacted by the authority aforesaid That the Commissioners for the several Counties for the ends within mentioned be as hereafter named That is to say For Suffelk Captain Pen Townsend and Mr. Timothy Tilestone For Essex Captain Samuel Cardner and Mr. Nehemiah Jewet For Middlesex Major Thomas Henchman and Mr. Matthew Johnson For Plimouth Captain Nathaniel Thomas and Mr. Samuel Clap For Barnstable Captain Thomas Tupper and Mr. John Otis For Bristol Captain John Brown and Mr. Samuel Peek For Hampshire Captain Samuel Partrig and Mr. Joseph Hawley For Yorkshire Mr. John Wheelwright and Mr. James Emery For Martha's Vineyard and Nantucket Captain John Gardner and Mr. Joseph Norton And if any Select-men or Assessors or Town Commissioner shall wilfully neglect or refuse to perform their Duty in the due and speedy Execution of this present Act and be thereof Convict upon Information and Prosecution before the Justices in Quarter Seffions within the County whereto such person belongs the said Court may impose upon such person or persons so refusing or neglecting any Fine not