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A52196 Acts and laws passed by the great and general court or assembly of Their Majesties province of the Massachussets-bay, in New England begun at Boston, the eighth day of June 1692, and continued by adjournment, unto Wednesday the twelfth day of October following : being the second sessions. Massachusetts. General Court. 1692 (1692) Wing M950; ESTC R8928 80,538 97

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Hereditaments shall or may be Molested Troubled Defeated Recovered or Charged or shall as is aforesaid Forge Make or Cause or Assent to be Made or Forged any Obligation or Bill Obligatory Letter of Attourney or any Acquittance Release or other Discharge of any Debt Accompt Action Suit Demand or other thing personal Or if any person or persons shall Pronounce Publish or Shew forth in Evidence any such False and Forged Deed Conveyance Writing Obligation Bill Obligatory Letter of Attorney Acquittance Release or Discharge as true Knowing the same to be False and Forged as is aforesaid to the Intent above Remembred and shall be thereof Convicted either upon Action or Actions of Forger of False Deeds to be Founded upon this Act at the Suit of the Party grieved or otherwise according to the Order and due Course of Law or upon Bill or Information That then every such Offender shall pay unto the Party grieved his double Costs and Damages to be found and Assessed in such Court where the said Conviction shall be and also shall be Set upon the Pillory in some Market Town or other open Place and there to have one of his Ears cut off and also shall have and suffer Imprisonment by the space of one whole Year without Bail or Mainprize And the Party or Parties grieved by reason of any of the Offences aforesaid may take his or their Suit against any such Offender or Offenders in any Court of Record where no Essoign Injunction or Protection shall be allowed the Party Defendant Provided always and it is Enacted by the Authority aforesaid That this Act or any thing therein contained shall not extend to charge any Judge of Probate or Register with any the Offences aforesaid for putting their Seal of Office to any Will to be Exhibited unto them not knowing the same to be False or Forged for Writing of the said Will or Probate of the same Nor to any other Person or Persons that shall shew forth or give in Evidence any False or Forged Writing for true or good being not party or privy to the Forging of the same nor knowing the same to be False or Forged any thing in this Act to the contrary notwithstanding And it is further Enacted and Ordained by the authority aforesaid If Any Person or Persons either by the Subornation unlawful procurement reward Sinister perswasion or means of any other or by their own Act Wilful Perjury Consent or Agrement shall Wilfully and corruptly commit any manner of Wilful Perjury by his or their Deposition in any Court of Record or being Examined Ad Perpetuam rei memoriam That then every Person and Persons so Offending and being thereof duely Convict or Attainted By Law shall for his or their Offence Loose and Forfeit Twenty Pounds the one Moity thereof unto their Majesties and the other Moity to such Person or Persons as shall be Grieved hindred or Molested by reason of any such Offence that shall Sue for the same by Action of Debt Bill Plaint Information or otherwise in any Court of Record in the which no Wager of Law Essoign Protection or Injunction to be allowed And also to have Imprisonment by the Space of Six Months without Bail or Mainprise And the Oath of such Person or Persons so Offending not to be received in any Court of Record until such time as the Judgment given against the said Person or Persons shall be reversed by attaint or otherwise and upon every such reversal the Parties agrieved to recover his or their Damages against all and every such Person Persons as did procure the said Judgment so reversed to be given against them or any of them by Action or Actions upon his or their Case or Cases according to the Course of the Common Law AND if it happen the Said Offender or Offenders so Offending not to have any Goods or Chattels to the Value of Twenty Pounds that then He or they be Set on the Pillory by the space of one whole hour in some Market Town where the Offence was Committed or next adjoyning to the place where the Offence was Committed and to have both his Ears Nailed and from thence forth to be discredited and disabled for ever to be sworn in any Court of Record until such Time as the Judgment shall be reversed AND all and every person and persons who shall unlawfully and corruptly procure any Witness or Witnesses by Letters Rewards Promises or by any other Sinister and unlawful Labour or Means whatsoever to Commit any wilful and corrupt Perjury in any Matter or Cause whatsoever Depending or that shall Depend in Suit and Variance by any Writ Action Bill Complaint or Information in any Court of Record or to Testifie in perpetuam rei memoriam Every such Offender being thereof duely Convict or Attainted by Law shall for his or their Offence be proceeded against and suffer the like Pains Penalties Forfeitures and Disability in all respects as above-mentioned And it is further Enacted by the authority aforesaid That all the aforesaid Forfeitures and Sums of Money arising for any Offence Mentioned in this Act and every Branch thereof and not otherwise disposed of shall be unto Their Majesties for and towards the Support of the Government of this Province and the Incident Charges thereof An Act For the Punishing of Capital Offenders BE it Ordained and Enacted by the Governour Council and Representatives in General Court assembled And by the authority of the same That all and every of the Crimes and Offences in this present Act hereafter mentioned be and hereby are declared to be Felony And every Person and Persons Committing any of the said Crimes or Offences being thereof-Legally Convicted shall be Adjudged to Suffer the Pains of Death Idolatry IF any Man shall have or Worship any other god but the TRUE GOD. he shall be put to death If any Man or Woman be a WITCH Witcheraft that is hath or consulteth with a Familiar Spirit they shall be put to death If any person shall presume to Blaspheme the Holy Name of GOD Blasphemy FATHER SON or HOLY GHOST either by wilful or obstinate denying the True God or His Creation or government of the World or shall Curse God in like manner or Reproach the Holy Religion of God as if it were but a Politick Device to keep Ignorant people in Awe or shall utter any other kind of Blasphemy of the like nature or degree he shall be put to death If any person or persons shall compass or imagine the Death of Our Soveraign Lord the King or of Our Lady the Queen High Treason or shall Levy War against Our said Lord and Lady the King and Queen or adhere unto Their Enemies giving to them aid and comfort and thereof be attainted or convicted of open Deed by their Peers upon the Testimony and Deposition of Two lawful and credible Witnesses on Oath brought before the Offender Face to Face at the time of his
Arraignment or Voluntary confession of the Party Arraigned Then every such person and persons so as aforesaid Offending shall be deemed declared and adjudged to be Traitors and shall suffer the Pains of death and also Lose and Forfeit as in cases of high-High-Treason If any person shall commit Wilful-Murder upon premeditated Malice Hatred Cruelty Murder or sudden Heat of Anger Every such person shall be put to death If any person shall Slay another through Guile either by Poysoning Poysoning or other Devillish Practice every such person their Aiders Abettors Procurors and Councellors shall suffer death as in case of Wilful-Murder If any Woman be delivered of any Issue of her body Male or Female Concealment of the Death of a Bastard Child punisht as in case of Murder which if it were born alive should by Law be a Bastard And that she endeavour privately either by Drowning or secret Burying thereof or any other way either by her self or the procuring of others so to conceal the death thereof that it may not come to light whether it were Born alive or not but be concealed In every such case the Mother so Offending shall suffer death as in case of Murder Except such Mother can make proof by one Witness at the least that the Child whose death was by her so intended to be concealed was born dead If any Man lieth with MANKIND Sodomy as he lieth with a Woman they both shall be put to death If any Man or Woman have carnal Copulation with any BEAST Bestiality or Bruit-Creature they shall be put to death and the Beast shall be slain and burned If any Persons commit Incest in any of the particular instances Incest Levit. 20.11 12. c. made capital by the Law of God they shall be put to Death If a Man shall Ravish any Woman committing carnal copulation with her by force Rape against her will he shall be put to death If any Man shall unlawfully and carnally know and abuse any Woman child under the age of Ten Years every such unlawful and carnal knowledge shall be Felony And the Offender thereof being duly convict shall suffer as a Felon If any Person of the Age of Sixteen Years Burning and upwards shall VVittingly VVillingly and Feloniously Burn or cause to be Burned any Dwelling House Meeting-House Store-house or Ship or shall in like manner set on Fire any Out-house Barn Stable Stack of Hay Corn or Wood Whereby any Dwelling-house Meeting-house Store-house or Ship shall happen to be Burned Every such Offender shall be put to death If any shall Piratically and Feloniously Seiz any Ship or other Vessel Piracy whether in the Harbour or on the High Seas Or shall Rise up in Rebellion against the Master Officer Merchant or Owner of any such Ship or other Vessel and Goods and Dispoil and Dispossess them thereof and Exclude the right Owners or those betrusted on their behalf Every such Offender together with their Complices being Legally Convicted thereof shall be put to death Provided always that any of such Company who through fear or force have been deemed to comply with such wicked Action shall upon their first Arrival in any Port or Harbour speedily repair to some Justice of the Peace and make Discovery of such Piracy they shall not be liable to the aforesaid Penalty of Death An Act For the Suppressing of Unlicensed Houses and the due Regulation of such as are or shall be Licensed BE it Ordained and Enacted by the Governour None to keep a house of common Enterteinment or Sell strong Drink publickly or privately without Licence on penalty of forty shillings Council and Representatives Convened in General Court and by the Authority of the same That no person or persons whatsoever other than such as upon producing Certificate from the Select-men of the Town where they dwell or who shall be otherwise thought fit by the Justices themselves shall be Licensed by the said Justices in Quarter Sessions may presume to be a common Victualler Inn-holder Taverner or Seller of Wine Beer Ale Cyder or strong Liquors by Retail Nor shall any presume without such Licence to Sell Wine or Strong Liquors privately by a less Quantity than a Quarter Cask and that delivered and carried away all at one time On pain of Forfeiting the Sum of Forty Shillings for every such Offence upon due Conviction thereof One half to the Informer and the other to the use of the poor Upon second conviction to give bond for the good behaviour Licences to be renewed yearly bond given One half thereof to the Informer and the other half to the use of the Poor of the Town where such Offence is committed And upon a Second Conviction besides the Forfeiture of Forty Shillings as aforesaid shall Enter into Recognizance with one or more Sureties for the good Behaviour especially not to Transgress the Law in that Respect Be it further Enacted by the Authority aforesaid That all Licences be Renewed yearly and Bond given for the due Observance of the same and of the Laws and that the Person Licensed shall use his Licence in such House as shall be therein named and no other And if the Justices in Quarter Sessions shall think fit to Licence any person or persons not presenting a Certificate as aforesaid from the Select-men Justices may grant License without Certificate of the Select-men upon notice given the Clerk of the Sessions before granting Licence to any such shall signifie the name and desire of every such person unto the Select-men of the Town where such person dwells one month before-hand that so they may have opportunity and liberty to offer their Objections against it if any shall be And forasmuch as the ancient and principal use of Inns Taverns Ale-Houses Victualling-Houses and other Houses for common Entertainment is for the Receipt Relief and Lodging of Travellers and Strangers and the Refreshment of persons upon lawful Business or for the necessary supply of the wants of such poor persons as are not able by greater Quantities to make their provision of Victuals and are not intended for Entertainment and Harbouring of Lewd or Idle People to spend or consume their Money or Time there Therefore to prevent the Mischiefs and great Disorders happening daily by the abuse of such Houses It is further Enacted by the Authority aforesaid That no Taverner Inn-keeper Ale-house-keeper or Victualler Games and Gaming forbidden in Publick-houses on pain of Forty Shillings shall have or keep in or about their Houses Out-houses Yards Backsides Gardens or Places to them belonging any Dice Cards Tables Bowls Shuffleboard Billiards Coyts Cales Logats or any other Implements used in Gaming nor shall suffer any person or persons Reforting unto any of their Houses to Use or Exercise any of the said Games or any other unlawful Game or Sport within their said Houses or any of the Dependences as aforesaid or Places to them belonging On