Selected quad for the lemma: duty_n
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A55222
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The book of the general laws of the inhabitants of the jurisdiction of New-Plimouth collected out of the records of the General Court, and lately revised : and with some emendations and additions established and disposed into such order as they my readily conduce to general use and benefit by the order and authority of the General Court of New-Plimouth held at Plimouth, June 2d. anno Dom. 1685 reprinted and published, Nathaniel Clerk, secrt'.; Laws, etc. (Book of the general laws : 1685)
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New Plymouth Colony.
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1685
(1685)
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Wing P2659; ESTC W479534
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104,394
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101
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the Authority aforesaid That all Treasons Felonies Piracies Robberies Murthers or Confederacies committed or that hereafter shall be committed upon the Sea or in any Haven Creek or Bay shall be Enquired Tried Heard Determined and Judged within this Colony in such like form as if such Offence had been committed in and upon the Land and to that end and purpose Commissions shall be had under the great Seal of this Colony directed to the Judge or Judges of the Admiralty of this Colony for the time being and to such other substantial Persons as by His Majesties Governour or Commander in chief for the time being shall be named or Appointed which said Commissioners or such a Quorum of them as by such Commission shall be thereunto Authorized shall have full power to do all things in and about the Enquiry Hearing Determining Adjudging and Punishing of any of the Crimes and Offences aforesaid as any Commissioneâ—s to be appointed by Commission under the great Seal of England by vertue of a Statute made in the XXVIII Year of the Reign of King Henry the eighth are Impowred to Do and Execute within the Kingdome of England And that the said Offenders which are or shall be Apprehended in or brought Prisoners to this Colony shall be liable to such Order Process Judgments and Execation by vertue of such Commission to be grounded upon this Act as might be Awarded or Given against them if they were proceeded against within the Realm of England by virtue of any Commission grounded upon the said Statute And all Trials heretofore had against such Criminal or Criminals before any Judge or Judges by vertue of such Commission or Authority at any time heretofore granted and all Proceedings thereupon are hereby Ratified And Indemnification Confirmed and Adjudged lawful and all such Judges with all and every the inferiour Officers that have acted thereby are hereby Indemnified to all Intents and Purposes whatsoever And in case they or any of them shall at any time hereafter be Sued Vexed Molested or Troubled for any such their Proceedings aforesaid he or they so Sued Vexed or Molested shall Plead the General Issue and give the Act in Evidence Any Law Statute Custome or Usage to the contrary in any wise notwithstanding And it is further Enacted by the Authority aforesaid That all and every person or persons that shall any way knowingly Entertain Harbour Conceal Trade or Hold any Correspondence The Abettors of Privateers c. to be punished as accessaries by Letter or otherwise with any person or persons that shall be Deemed or Adjudged to be Privateers Pirates or other Offenders within the construction of this Act and that shall not readily endeavour to the best of his or their power to Apprehend or cause to be apprehended such Offender or Offenders shall be liable to be Prosecuted as Accessaries and Confederates and to suffer such pains and penalties as in such case by Law is provided And for the better and more effectual Execution of this Act What is required of Commission officers in pursuance of this act Be it further Enacted by the Authority aforesaid That all Commission Officers in their several Precincts within this Colony are hereby required and impowred upon his or their Knowledge or notice given that any Privateers Pirates or other Persons suspected to be upon any unlawful design are in any place within their respective Precincts to Raise and Levy such a number of well Armed Men Their power as he or they shall think needful for the seizing apprehending carrying to Goal all and every such person or persons and in case of any resistance or refusal to yield Obedience to His Majesties Authority it shall be lawful to kill or destroy such person or persons and all and every person or persons that shall oppose or resist by Striking or Firing upon any of the commanded parties shall be deemed taken and adjudged as Felons without benefit of the Clergy And every such Officer that shall omit or neglect his duty herein penalty of their neglect shall forfeit fifty pounds currant Money of this Colony for every such Offence to be recovered in any of His Majesties Courts of Record within this Colony by Bill Plaint or Information wherein no Essoign Wager of Law or Protection shall be allowed one moiety thereof to be to our Soveraign Lord the King His Heirs and Successors for and towards the support of the Government of this Colony Penalty of the Souldiers not obeying their Officer sorders in execution of the premises and the contingent charges thereof and the other moiety to the Informer and all and every person or persons that upon Orders given him or them shall refuse to repair immediately with his or their Arms well fixed and Amunition to such place or places as shall be appointed by the said Officer and not readily obey his Commands in the Execution of the premises shall be liable to such Fine or corporal Punishment as by a Regimental Court Marshal shall be thought fit CHAP. V. Childrens Education 1. FOrasmuch as the good Education of Children and Youth is of singular use and benefit to any Common wealth and whereas many Parents and Masters either through an over-respect to their own Occasions and Business or not duely considering the good of their Children and Servants have too much neglected their Duties in their Education whilest they are young and capable of Learning Select mens care that all Children and Servants be brought to Record It is Ordered That the Select men of every Town shall have a vigilant Eye from time to time over their Brethren and Neighbours to see that all Parents and Masters do duely endeavour by themselves or others to teach their Children and Servants as they grow capable so much Learning as through the blessing of God they may attain at least to be able duely to read the Scripture and other profitable Books Printed in the English Tongue and the knowledge of the Capital Laws and in some competent measure the main Grounds and Principles of Christian Religion And Catichised necessary to Salvation by causing them to learn some orthodox Catechisme without book or otherwayes instructing them as they may be able to give a due answer to such plain and ordinary questions as may by them or others be propounded to them concerning the same And further that all Parents and Masters do breed and bring up their Children and Apprentices in some honest lawful Calling and Imployment that may be profitable for themselves and the Country And if after Warning and Admonition given by any of the Select Men unto such Parents or Masters they shall still remain negligent in their duty in any of the particulars aforementioned whereby Children or Servants may be in danger to grow Barbarous Rude and Stubborn and so prove Pests in stead of Blessings to the Country That then a Fine of ten shillings shall be Levyed on the Goods of such Negligent
Parent or Master to the Towns used Or put out where they may except extream poverty call for a Mitigation of the Fine And if in three Months after that there be no due Care taken and continued for the Education of such Children and Apprentices as aforesaid then a Fine of twenty shillings to be Levyed on such Delinquents to the Towns use except as aforesaid And lastly if in three Months after that their be no Reformation of the said Neglect then the Select Men with the Advice of two Magistrates shall put such Children to Apprentice Boyes till they come to twenty one and Girls eighteen years of Age where they may be Educated according to the Rules of this Order Coopers Cask 1. IT is Ordered by this Court and the Authority thereof That all Barrels that shall be made in this Government for Pork Beef and Oyl Gage of 〈◊〉 Beer Ale Sider shall be one and thirty Gallons and a half and that all such Cask be made of sound and well seasoned Timber And Brand And that every Cooper Brand-mark his Cask with a distinguishing Brand-mark on the penalty of the forfeiture of all Cask that are not so made and marked the one half to the informer the other half to the County It is Ordered that from the first day of September next no Tar shall be put into or exposed to Sale or Transportation but in Cask the great Barrels containing no less than fifteen Gallons and the small Barrels no less than ten Gallons All Cask for Tar to be branded by the Cooper before disposed of and all Barrels of Tar small or great that are not Branded and of a full Gage to be forfeited half to the Informer and half to the County Clerks Clerks Recorders to issue forth warrants for the Towns to their Jurors to serve on the Grand Inquest and for tryals 2. IT is Enacted by this Court and the Authority thereof That the Clerk of the Courts of Assistants and Clerks of the County Courts shall in convenient time before the fitting of each Court send Warrants signed as Clerk or Recorder of such Court to the Constables of the Respective Towns for Jurors to serve upon the Grand Inquest and for Tryals The Recorder of the Court of Assistants to Plimouth and the Neighbour Towns and the Clerk of the County Courts to the several Towns of the County who shall upon the receipt of such Warrant give timely notice to the Town to Meet together to chuse so many Able Discreet Men as the Warrant shall require which Men so chosen shall by the Constable be warned to attend the Respective Courts they are chosen to serve at and shall make timely return of the Names of the Jurors so chosen to the respective Court Indorsed on the said Warrant The Grand Jury shall serve for a Year and the Jury of Tryals only at the Court Summoned to serve at Constables The Towns to chuse their Constables and Town-clerk to return their Names to Court 1. IT is Enacted That every Town in this Colony under the Penalty of five Pounds to the use of the County in which such Town lyes shall Annually chuse one or two meet Men to serve in the office of Constable and such Persons so chose shall be returned by the Town Clerk to the first County Court which shall be held in each County next after the Court of Election Annually who being warned by the former Constable shall there appear to be sworn which if he shall neglect to do and do not within one week after such Court present himself to a Magistrate to be sworn he shall pay a Fine of five pounds to the Town to be Levied by a Warrant from a Magistrate on such Delinquents Estate penalty of Constables non-appearance to take Oath and delivered to one of the Select men for the Towns use and such Town shall forthwith chuse another and if he refuse or neglect to present himself to a Magistrate within a week after such choice to be sworn shall be fined in like manner and so as oft as any shall refuse 2. And because a Constables place as it is a place of trust is also Burthensome None to be compelled to serve again in seven years It is therefore Ordered That if any man have born the office of Constable he shall not be compelled to Serve in the same Office in this Colony in seven years after 3. That if any Constable within this Colony have occasion to go out of the Township wherein he is Constable for some time he shall depute some meet person in his room or in case he be any way disabled to perform his Office Liberty to make his Deputy or otherwise desire to make a Deputy he shall have liberty so to do by agreement with him and impowring him under his hand which Deputy shall execute the Constables Office as the Constable might do Provided alwayes that a Constables Deputy if required by Authority in matters Criminal or Summoned by the party in matters civil shall give his Oath to any Return he makes to any Warrant Distress Summons or Attachment the Constable to respond his Deputies defaults or non-performance of the Constables Office Constables to collectall rates levy Fines serve Attachments Sumons Executions warn Town-meetings pursue hue cries 4. That the gathering of Countrey Rates County Rates Town Rates Ministers Ratex and also the Levying of Fines in the respective Towns the serving of Attachments Summons and Executions directed to him from any lawful Authority now established and the Warning of Town meetings shall belong to the Office of a Constable and also to pursue Hue and Cries directed to them from any Authority here and from any of our neighbour Colonies It is Ordered by the Court and the Authority thereof That the Constable shall Whip or Punish any to be punished by Order of Authority or procure another to do it Provided an Indian or Negro shall not Whip an Englishman where there is no other Officer appointed to do it or in default pay ten shillings out of which shall another be Hired to do that Service Have a black Staff 5. It is Ordered c. That every Constable shall have a black Staffe provided at the charge of the Town Tipped with Brass as a Badge of his Office which as he hath opportunity shall take with him when he goeth to discharge any part of his Office yet notwithstanding the want of his Staff shall not binder him from Executing his Office in any kind if occasionally he be without it nor exempt any from assisting him therein that may know him to be the Constable but where he hath a Warrant in Writing he shall not need to have his Constables Staff in executing the same 6. It is further Ordered That any and every person tendred to any Constable of this Jurisdiction by any Constable or other Officer of our own Convey Offenders from