be required by the said Court Jurors not bound to reveel Secrets Provided no Juror nor any person whatsoever shall be bound to inform present or reveal any private Crime or Offence wherein there is no peril or danger to this Colony or any Member thereof when any necessary tye of Conscience binds him to secresie unless it be in Testimonies lawfully required A. 55. p. 19. Jurors allowance And every Grand juror shall be allowed three shillings per diem for his charges out of the fees and other profits arising in each Court where they do service or by the Country if those in comes fall short 3. In all cases wherein the Law is obscure so as the Jury cannot be satisfied therein whether it be Grand or Petty Jury A. 57. p. 25. they have liberty to present a special Verdict viz. Juries liberty to Rive a special Verdict If the Law be so in such a point we finde for the Plaintiffe but if the Law be otherwise we finde for the Defendant in which case the determination doth properly belong to the Court. And all Jurors shall have liberty in matter of Fact if they cannot finde the main issue yet to finde and present in their Verdict so much as they can 4. And if the Court and Jury shall so differ at any time about their Verdict Court and Jury not agreed case comes to the General Court that either of them cannot proceed with peace of Conscience the case shall be issued and determined at the next Court of Assistants in manner following i. e. the Attachment with the Security for appearance at the County Court shall be continued to the Court of Assistants A. 56. p. 14. and if the Plaintiffe shall see cause further to prosecute his Action he shall give summons to the Defendant as the Law provideth and shall also take out of the Records of the County Court the Records of the said case with the Evidences presented by both parties and bring the same to the Court of Assistants where after the case is presented as it was at the County Court both parties shall have liberty to make any new Pleas or Evidence before the Bench and Jury and in case the Plaintiffe shall not further prosecute his Action in manner as is hereby provided the Defendant shall then have Judgement granted him for his costs at the next Court of that County 5. It is further Ordered That whensoever any Jury or Jurors are not clear in their Judgements or Conscience L. 1. p. 31. concerning any case wherein they are to give their Verdict Juries liberty to take advice in open Court they shall have liberty in open Court but not otherwise to advise with any man they shall think fit to resolve or direct them before they give in their Verdict And no Juror shall be compelled to serve above one ordinary Court in a year except Grand jurors Jurors to serv'â— but a year except who shall hold two Courts together at the least and such as shall be summoned to serve in cases of lite and death or Banishment 1634 41 42 49 50 51 53 56 57. 6. Whereas in Suits and Actions brought into Courts between party and party sometimes the Plaintiffe and sometimes the Defendant and sometimes neither of them do attend to answer when they are called to Prosecute or Answer which hath been too long connived at by the Magistrates and much time lost in sending to seek them out or wait their comeing in whereby the Country charges encreased and the Magistrates Jurors Witnesses and others abused contrary to the Laudable Reasonable Practise and Customes of all Courts in our Native Country and other Countries known unto us It is therefore hereby Ordered and Enacted That if any Plaintiffe He or Shee have entred any Action to be tryed in any Court or which comes orderly into any Court by Replevin Appeal or by the disagreement between the Magistrates and Jury in an Inferiour Court and do not by him or her self or by their Attornies make their appearance and prosecute their Action immediately after they have been three times called in the Court by Name after the first forenoon of the Court Plaintif and Defen dants penalty for not answ at their call that then they shall be Non-suited and if Plaintiffe or Defendant appear upon such call they shall have their costs granted by the Court against him or her that doth not appear Plaintiffs liberty to make new entry in case and if afterwards both parties do agree to try their case at the same Court they shall be allowed so to do the Plaintiffe paying half so much for a new Entry as he did before Delinq penalty for not answering when calld And if any person presented by the Grand-jury for any offence or Sun moned by a Magistrate to answer any crime do not upon Summons appear at the time appointed upon the third call as aforesaid He or Shee shall be proceeded against for contempt except He or Shee be restrained or prevented by the Hand of God Lands free Lands IT is also Ordered and by this Court Declared That all our Lands and Heritages shall be free from all Fines and Licenses upon Alienations and from all Hariots Wardships Liveries Primerseizins year day and waste Escheats and forfeitures upon the Death of Parents or Ancestors natural unnatural casual or judicial and that for ever 1641. LEATHER THis Court considering the several Deceits and Abuses which in other places have been and are commonly practised by the Tanners Curriers and workers of Leather as also the abuses and inconveniences which accrue to the several Members of this Common-wealth by Leather not sufficiently Tanned and Wrought which is occasioned by the negligence and unskilfulness of these several Trades-men which before in and after it is in the hand of the Tanner may be much bettered or impaired for prevention whereof Butchers Curriers may not Tan It is Ordered by this Court and the Authority thereof That no person using or occâ—pying the Feat and Mystery of a Lutcher Currior or Shoâ—maker by himself or any other shall use or exercise the Feat or Mystery of a Taâ—ner on pain of the forfeiture of six shillings eight pence for every Hide or Skin by him or them so Tanned whilest he or they shall use or occupy any of the Mysteries aforesaid Nor shall any Tanner during his using the said Trade of Tanning use or occupy the Feat or Mystery of either Butcher Currier or Shoomaker by himself or any other upon pain of the like forfeiture Gashing of hides forfeit 12. d. Nor shall any Butcher by himself or any other person Gash or Cut any hide of Oxe Bull Steer or Cow in fleaing thereof or otherwise whereby the same shall be impaired or hurt on pain of forfeiting twelve pence for any such Gash or Cut in any Hide or Skin Nor shall any person or persons henceforth Bargain Buy make any
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
persons and Inmates Folio s. 3 May impose fines on any resusing to serve as Constables ibid. s. 5 Who in them may have priviledge of Commonage for Wood Folio 149. 6 To pay 10. s. for every Wolf kill'd by English see Wolves Folio 160. 3. Select mens Duty and Power To Assess persons for their Garb see Apparel Folio 5. 1. To appoint persons to view Town bounds see Bounds Folio p. 10 To order Fences in Common fields in case see Corn-fields Folio 17. 2. To make Orders to repair Fences general and particular under 100 Acres Folio 19. 6. And to impose fines ibid Not to neglect making such Orders on penalty to the Town ibid To order repairs of Fences on the Owners neglect ibid To give Warrant to the Constable to levy double damages in case ibid. To try Causes and grant Executions in case see Causes Folio 21. 2. To make Country Rates see Charges Publ. Folio 23. 3. To Assess Strangers any Moneth Folio 25. 3. To see to the Education of Youth on penalty see Children Folio 26. 1 To place out unruly Children ibid The major part may approve the marriage of Orphans Folio 28. 6. To Assess for Ministers maintenance see Ecclesiastical Folio 48. 5. To receive of the County Treasurer fines imposed on Quakers c. and to improve them see Elections Folio 48. 5 To lay out private High-wayes see High-wayes Folio 64. 2 To give recompence to any damaged by such Wayes laid out ibid. p. 65 To approve such Stone horses as go on Commons see Horses Folio 65. 2. To levy the penalty by Warrant for the Towns use ib. p. 66 The penalty of Select-mens neglect ibid With the Collector of Customes to rate persons in case see Imposts Folio 71. 7 Where no Magistrate or Commissioners are may punish Indians for Drunkeness see Indians Folio 77. 11 To approve of persons to keep Ordinaries c. see Inkeepers Folio 79. 1. Where no Magistrate or Commissioners are may commit a drunken person to Prison or punish according to Law see Inkeepers Folio 81. 5. To prohibit persons from publick houses c in case Folio 85. 19. To receive a third part of all Leather and Shoos seized see Leather Folio 90. 5. To Assess the Town for mounting Artillery c. see Military Folio 110. 11. To Assess for Towns stock of Powder c. Folio 112. 15 To crayē the help of County Courts against persons obtrudeing the Town see Poor Folio p. 123. To provide for Poor settled by County Court ibid To allow Porters and set their Wages see Porters Folio p. 124. To provide materials for work in the House of Correction see Prison Folio 127. 3. May punish Prophaners of the Sabbath Folio 132. 1. To make Orders to produce Salt-peeter see Salt-peeter Folio p. 135. To impose fines on any neglecting their Orders ibid. To chuse and allow an Officer an annual stipend to execute their Orders ibid To provide for School-masters maintenance see Schools Folio 136. 1 Not to admit or suffer a Hetrodox or Scandalous Schoolmaster ibid. s. 3. To appoint the place where self-murderers shall be buried see Self-murder Folio p. 137. To make Orders for clearing Commons for Sheep see Sheep Folio 137. 1. May impose fines for putting Rams to flocks ibid. To order spinning in their Towns see Spinning Folio p. 141 To make Orders about Swine see Swine Folio p. 145 to manage the Prudential affairs of the Town according to instructions in writing see Townships Folio 148. 2. To require Constables to levy fines on such as refuse to serve as Constables ibid. s. 5. With two Magistrates may put Children forth to service Folio 149. 8. May order and dispose Constables Watches see Watches Folio p. 154 With the Constable to chuse a Sealer of Weights and Measures see Weights Folio 155. 1. To appoint Measurers of Corn Wood or Board Folio 156. 2. To cut off the Ears of Wolves they pay for to Indians for the Country see Wolves Folio p. 160. Treasurers To issue forth Warrants for Assessment yearly see Charges Publick Folio 23. 3 For levying the same ibid To pay to the Constable Charges of bringing Rates ibid May distrein the goods of Constable or any other person in case Folio 25. 4. To pay 100. l. per Annum to the Colledge see Colledge Folio 30. 2. To pay charge of Hue and Cry in case see Constable Folio 32. 7. To pay for Victuals and Vessells Impressed see Council Folio p. 34. To pay charge of Elders meetings when imployed by the Courts Order see Ecclesiasticall Folio p. 44. 13. To pay the Secretary for writtings see Seal-Publick Folio p. 136 To keep Accounts of all transactions belonging to his Office as Debts Dues c. see Treasurers Folio 150. 1. To make no payments but by some Law or Order ibid. His allowance Folio 151. 4. To give Account once a year to the General Court ibid. To provide Weights measures as Standards see Weights Folio 155. 1. To Seal Town Standards ibid. To pay the charge of Witnesses in Criminals see Witnesses Folio 159.3 To pay for every Wolfe killed 10 s. see Wolves Folio p. 159. County Treasurer To pay for Hue and Cry in case see Constable Folio 32. 7. To pay to Select men in Towns all Fines of Delinquent Quakers see Elect. Folio 48. 5. To give Warrant to the Marshal to Levy Fines Folio p. 51. To receive Fines for Select mens neglect of the Law title Horses Folio 67. 2 To pay for Poor in case see Poor Folio p. 123. To be chosen Annually time when manner how see Treasurers Folio 150. 2. No Clerk of Court to be Treasurer ibid. May give Warrant to Marshalls or Constables to Levy Fines Folio 151. 4 His Allowance ibid To have the same Power in his place as the Country Treasurer Folio 151. 5 To return to County Courts the names of Constables not clearing their Accompts ibid To pay twenty shillings so every Wolf kil'd by English see Wolves ibid. s. 3. Tryalls Any Person against whom Judgment hath past in Civil Actions may have a new tryal on Review in case Folio 152. 1. Plantiffe Defendant agreeing may have their Case tryed by Bench or Bench and Jury except ibid. s. 2. Every Delinquent hath liberty of a Jury ibid. s. 3. Challenge may be made against Jurors by Plaintiff or Defendant if found just others to be impanelled ibid. What persons may have allowance in any case ibid. s. 4. V Vagabonds BEing Apprehended how to be proceeded with Folio p. 152. Vexatious suits How punished see Actions Folio 8. 3. Votes When persons are capable of Voting see Ability Folio 1. 1. None to Vote in Elections but Freemen on penalty see Elections Folio 47. 1. Every person called to Vote in any Court c. may act according to his own Judgement see Votes Folio p. 153 Neuters to be taken in the Negative ib. Who may put matters to Vote the President refusing ibid The Governour to have a casting Vote
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
Cattle or otherwise voluntarily Trespass upon his neighbours ground and if the party damnified finde the Cattle damage feizant he may impound or otherwise dispose of them 1642 FENCE VVHereas the Laws published concerning Fences and Cattle being in the second Edition transported from their first order and method much difficulty doth many times arise concerning the true meaning thereof whereby great damages do accrew to many of the Inhabitants and consequently to the Country For prevention whereof This Court doth Order and Enact That where any Cattle shall Trespass on any propriety Fence to secure Corn Fields not appearing to be sufficiently Fenced against Swine sufficiently yoaked and ringed or Cowes and such Cattle as will be restrained by a sufficient Fence in the judgement of the viewers of the Fences as Pag. 11. Sect. 6. in all such cases the Owners of the Fence or of the Land shall bear all such damages as to them thereby sustained any thing in the said Order or any other Law Custome or Usage to the contrary notwithstanding 1662 Causes Small Causes One Magistrate may end causes under 40. s. FOR easing the Charge and Incumbrance of Courts by small Causes It is Ordered by this Court and Authority thereof That any Magistrate in the Town where he dwells may hear and determine by his discretion not by Jury according to the Laws here established all causes arising in that County wherein the Debt Trespass or Damage doth not exceed Forty shillings who may send for parties and witnesses by Summons or Attachment directed to the Marshall or Constable who shall faithfully execute the same Three Commissioners in Towns to end small causes And it is further Ordered that in such Towns where no Magistrate dwells the Court of Assistants or County Court may from time to time upon request of the said Towns signified under the hand of the Constable appoint three of the Freemen as Commissioners in such cases any two whereof shall have like power to hear and determine all such causes wherein either party is an Inhabitant of that Town who have hereby power to send for Parties and Witnesses by Summons or Attachment directed to the Constable as also to Administer Oaths to Witnesses and to give time to the Defendant to Answer if they see cause and if the Party Summoned refuse to give in his Bond or Appearance or sentenced refuse to give satisfaction where no goods appear in the same Town where the Party dwells they may charge the Constable with the party to carry him before a Magistrate or Shire Court if then sitting to be further proceeded with according to Law L. 1. p. 46. but the said Commissioners may not commit to Prison in any case And where the Parties live in several Towns the Defendant shall be liable to be sued in either Town at the liberty of the Plaintiffe 2. And forasmuch as the Magistrates are under an Oath of God for dispensing equal justice according to Law It is Ordered by the Authority aforesaid that all Associates for County Courts when and where there shall be any and all such Commissioners Authorized as aforesaid Associates and Commissioners to be sworn shall be sworn before each County Court or some Magistrate in that County unto the faithful discharge of the trust and power committed to them And it is further Ordered That in all small Causes as aforesaid where only one Magistrate dwells in the Town and the Cause concerns himself as also in such Towns where no Magistrate is and the Cause concerns any of the three Commissioners that in such cases the Select men of the Town shall have power to hear and determine the same Select men to try Causes and also to graunt execution for the levying and gathering up such damages for the use of the person damnified as one Magistrate or three Commissioners may do And no Debt or Action proper to the Cognizance of one Magistrate or the three Commissioners as aforesaid L. 1. p. 4. shall be received into any County Court but by Appeal from such Magistrate or Commissioners County Court to reject all Actions under 40. s. except in cases of Defamation and Battery 1647. 49. 3. Whereas by reason of the concourse of People and increase of trade in the Town of Boston Suits at Law are grown more frequent A. 51. p. 6. where the County Courts are much prolonged and forasmuch as many crimes are also committed in the said Town by strangers and others which often escape unpunished For the prevention whereof Commissioners of Boston It is Ordered by this Court and the Authority thereof that there be seven Freemen resident in Boston annually chosen by the Freemen of the said Town and presented to the Court of Assistants who hereby have power to Authorize the said seven Freemen to be Commissioners of the said Town to act in things committed to their trust Chosen as is hereafter expressed who shall from time to time be sworn before the said Court Sworn or the Governour Deputy Governour or any two Magistrates And this Court doth hereby give and graunt Commission and Authority unto the said seven men or any five of them or any three of them with one Magistrate to hear and determine all Civil Actions which shall be brought before them not exceeding the sum of Ten Pounds Power in civil Cases to ten pounds arising within the neck of Land on which the Town is Scituate as also on Noddles Island or betwixt any persons where both parties shall be Inhabitants or Residents within the said Neck or Noddles Island aforesaid or where either party shall be an Inhabitant or Resident aforesaid Provided they keep a Book of Records for the entry of all Causes Evidences Testimonies Sentences and Judgements as the Law provides in like Cases which said Commissioners are Authorized annually to appoint a Clerk of their Court and to demand and receive of every Plaintiffe in all Cases or Actions not exceeding Forty shillings the sum of three shillings four pence and for all other Actions the sum of ten shillings and for all other things the accustomed fees and the said Commissioners shall from time to time publish their Court dayes as the three Commissioners in Towns are bound to And for the discovery prevention and punishment of Misdemeanours in the Town of Boston In Criminal Cases Power and Authority is hereby given and granted to the said Commissioners and every of them by Warrant under their or his hand to convent before them or any of them all such persons as shall be complained of for such offences or otherwise brought to their cognizance and to hear and determine the same according to the Laws here established as any Magistrate may do Provided the fines imposed by them do not exceed forty shillings for one offence And that the said Commissioners may the better and more diligently endeavour the suppressing of sin and misdemeanours and the breach
in Courts of Assistants or General Court the President c. in other Courts see Courts Folio 35. 6 Vsury No man to pay above 8. per Cent. forbearance for a Debt Bills of Exchange excepted Folio p. 153 Usury Contrary to the Law of God not allowed ibid. W Watching VVHen Constables Watches shall begin and end Folio 154. 1 Who are lyable to Watches ibid Watches power and duty ibid Persons exempt from Watching Folio 155. 2. Weights and Measures Country Standards to be provided by the Treasurer Folio 155. 1 A Sealer of Weights and Measures to be in every Town ibid By whom to be chosen ibid to be sworn his Office and power ibid Neglect of Select-men Constable or Sealer the penalty ibid No man compellable to receive Corn Wood or Boards but by a sworn measurer Folio 156. 2. Wharfage Where it may be taken Folio 156. 1 The Rates allowed for Wharfage ibid Wharfage may be taken out of the Goods in case ibid Penalty of casting an Anchor c. in Boston Cove Folio 157. 2 Penalty of throwing Dung c. into the said Cove ib. s. 3. Wills VVho may make VVills Alienations c. see Ability Folio p 1. Penalty of Executors not proving VVills in time or entring on or disposing Estates see VVills Folio 157. 1. VVho may take Probate of VVills and grant Administration Folio 158. 2. Witnesses VVitnesses and parties concerned to attend Courts Adjournment see Adjournments Folio p. 38. Testimony of Gamesters good against others in case see Gamesters Folio 58. 4. No man to be put to death without 2 or 3 witnesses see VVitness Folio 158. 1 the testimony of a person of 14 years of age may be taken out of Court in any Case Civil or Criminal ib. s. 2. In what case such testimony shall be good ibid Such testimonies how to be disposed of by them that tkke them ib. VVitnesses in Capital cases to be present VVitnesses summoned to any Court not bound to appear in case Folio 159. 3. VVhat allowance witnesses shall have ibid VVitnesses in Criminal cases how paid ibid Delinquents to pay all charges ibid VVolves Every person English or Indian killing a VVolf to be paid 10. s. by the Treasurer Folio 159. 1 Encouragement for Indians to kill wolves Folio 160. 2. Every person killing a wolf to have 20. s. of the County and 10. s. the Town where it was killd ib. s. 3. VVood. The quantity how to be reckoned by the Boats Folio p. 160 A Cord of VVood what ibid VVorkmen Artificers in Harvest time compellable by the Constable to work Folio p. 161. Penalty on neglect of Constable or VVorkmen ibid VVrecks of the Sea No violence to be offered to the person or goods of such as suffer Shipwrack Folio p. 161 Any VVhale cast up to belong to the Country ibid VVritts All VVritts and Processes to go forth in His Majesties Name Folio p. 161. FINIS Several Laws and Orders made at the GENERAL COURT Holden at Boston the 15th of May 1672. And Printed by their Order Edward Rawson Secr. JVRIES VERDICT THis Court being desirous to prevent all Dissatisfaction and Inconveniencies that may arise in the Tryal of Civil Cases in Inferiour Courts sometimes happening by reason of Disagreement between the Bench and Jury formerly allowed by Law Do Order and Enact That henceforth in all County Courts after that the Bench have used all reasonable endeavours for clearing the case to the Jury by declaring the Law Juryes Vâ—rdict to be Read and not refused and comparing the matter of Fact and Damage proved therewith the Verdict of the Jury finally given shall be accepted and Judgement accordingly Entred And in like manner shall the proceeding be in the Court of Assistants unless upon apparent corruption or errour in the Jury giving in their Verdict contrary to Law or Evidence the party cast shall in open Court Attaint the Jury and give sufficient Bond and Sureties within twelve hours after the Verdict is accepted to prosecute the said Jury at the next Court of Assistants in an Action of Attaint in which Case Execution shall be respited Plainiff and Defendants liberty to Attaint the jury in Case and the Clerk of that Court shall Summon a Jury of twenty four Able and Discreet men chosen as the Law Directs to attend the service of the Court where the said Action of Attaint shall be tryed in the first place and if on tryall of the case there shall be found manifest Error or Mistake the party Complayning shall be Repayed his full damage from the other party to the Original Suit and if by the said Jury of twenty four there be found Bribery Conspiracie or other Corruption in the Jury attainted they shall be punished by Fine or Imprisonment proportionable to the degree of their Offence Juryes attainted how Tryed And if otherwise the twenty four Jurors shall acquit the former Jurors accused they shall be allowed double Costs from the party accusing and their Verdict and the Judgement of the former Court shall stand good and execution shall be Issued forth accordingly And that Clause in the Law allowing the Magistrates not to Concur with or refuse the Verdict of the Jury is hereby Repealed SVRETIES FOr Explanation of and Addition to the Lawâ— tit Sureties and goods Attached where it is provided that Sureties as well as Principalls shall be Responsible for one month to pay the Debt unless he or they Surrender the Principal into the hands of the Marshall or Deputy but no way provided in the said Law how the Suretyes may be compelled thereunto Where Bonds are forfeited the Case to proceed It is therefore Ordered and hereby Declared That in such Case the Party and Sureties being called and the Bond declared forfeited upon non-appearance the Case shall proceed to hearing and Judgement at the same Court as in case of the Defendants non-appearance upon Attachment of Goods Execution to Issue out agianst Suretyes And if the Case be found for the Plaintiff that Judgement be granted against him and his Suretyes and Execution be Issued out accordingly and to be in force against the Sureties as well as the Principall for one month after Judgement given as the said Law Intends No strong Liquor to Workmen VVHereas there have been sundry and frequent complaints preferred to this Court of Oppression by Excessive wages of Workmen and Labourers which notwithstanding the endeavours of this Court to redress such oppressions continue and further increase by a dangerous Imposition of such persons on those they work and labour for by demanding an allowance of Liquors or wine every day over and above their wages without which it is found by too sad experience many refuse to work Now forasmuch as such a practice of drinking liquors and wine tends much to the rooting young persons in an evil practise Law prohibiting Wine or strong Liquors to work â—men and by degrees to trayn them up to an habit of excess It is
him Forreign Plaintiffs to put in security 1. And it is further Ordered that in all Attachments of Goods and Chattels or of Lands and Hereditaments legal notice shall be given to the party or left in writing at his house or place of usual abode otherwise the suit shall not proceed notwithstanding if he be out of this Jurisdiction the cause shall then proceed to tryal Execution respited but Judgement shall not be entred before the next Court and if the Defendant do not then appear Judgement shall be entred but Execution shall not be granted before the Plaintiff hath given security to be responsal to the Defendant if he shall reverse the Judgement within one year or such further time as the Court shall limit 2. And it is hereby Declared that no Summons Pleading Judgement L. 1. p. 49. or any kinde of proceeding in Courts or course of justice shall be abated arrested or reversed upon any kinde of circumstantial errours or mistakes Circumstantiall errours if the person and cause be rightly understood and intended by the Court. And in all Cases where the first Summons are not served six dayes inclusively before the Court and the Case briefly specified in the Warrant Summons to be served six dâ—yoâ— before the Court where appearance is to be made by the party Summoned it shall be at his liberty whether he will appear or not except all cases that are to be handled in Court suddenly called on extraordinary occasion 3. And whereas Suits at Law A. 51. p. 1 In whose name to take out precess many times such as do prosecute the same in their own name in procuring the process intend and do declare in the name and on the behalf of others viz. as Executors Administrators Assignes Atturnies Guardians Agents or the like which is not only improper but tendeth also to uncertainty for prevention whereof It is Ordered That henceforth the Original process whether Summons or Attachments shall express in whose name the Plaintiff sueth whether in his own name or as Executor of the last Will and Testament of such a man or Administrator of the Goods and Chattels of such a man or Assigne Atturney Guardian or Agent of such a man or the like or otherwayes if exception be taken before the parties joyn issue it shall be good and the Plaintiff shall be liable to pay cost 1641. 44. 47. 51. Marshalls may serve Attachments VVHereas it hath been commonly practised that Attachments have been directed to the Marshall to be served in any Town under the Jurisdiction of that Court whereof the Marshall is Officer notwithstanding the Law doth Order that all Attachments shall be directed to the Constable in such Towns where no Marshall dwells Marshalls may serve Attachments It is hereby Ordered and Declared That the said Custome shall be accounted legal and shall not abate the Proceeding or Tryal of any Cause Provided no more Costs be charged on the Defendant then by Law are due to Constables for serving Attachments 1662 BAKERS IT is Ordered by this Court and Authority thereof That henceforth every Baker shall have a distinct mark for his Bread and keep the true Assizes as hereafter is expressed viz. when Wheat is ordinarily sold for money at these several Rates hereafter mentioned the penny white loaf by averdupois weight when Wheat is by the bushel at 3 s. 0 d. the white 11 ounces 1 qr wheat 17 ounces 1 qr houshold 23 ounc 0. at 3 6 10 1 15 1 20 2. Weight of Bread at 4 0 09 1 14 0 18 2. at 4 6 08 1 11 3 16 2. at 5 0 07 3 11 2 15 2. at 5 6 07 0 10 2 14 0. at 6 0 06 2 10 0 13 0. at 6 6 06 0 09 2 12 2. And so proportionably under the penalty of forfeiting all such Bread as shall not be of the several Assizes aforementioned to the use of the poor of the Town where the offence is committed and otherwise as is hereafter expressed and for the better execution of this present Order there shall be in every Market Town Clerk of the Market and all other Towns needfull one or two able persons annually chosen by each Town who shall be sworn at the next County Court or by the next Magistrate unto the faithful discharge of his or their Office who are hereby Authorized to enter into all houses either with a Constable or without Their power where they shall suspect or be informed of any Bread baked for sale and also to weigh the said Bread as oft as they see cause and seize all such as they finde defective As also to weigh all Butter made up for sale and brought unto or being in the Town or Market to be sold by weight which if found light after notice once given shâ—ll be forfeited in like manner The like penalty shall be for not marking all Bread made for sale A. 52. p. 8. And the said Officer shall have one third part of all forfeitures for his pains the rest to the poor as aforesaid 1646. 2. Whereas it appears to this Court that there is much deceit used by some Bakers and others who when the Clerk of the Market cometh to weigh their Bread pretend they have none but for their own use and yet afterward put their Bread to sale which upon tryal hath been found too light for prevention of such abuses for time to come It is Ordered that all persons within this Jurisdiction who shall usually sell Bread within doors or without shall at all times hereafter To prevent deceit in Bakers have all their Bread that they either put to sale or spend in their families made of the due Assizes marked and yielded to tryal of the said Clerk as is directed in the Order aforesaid under the penalty therein exprest 1652. BALLAST IT is Ordered by this Court and the Authority thereof That no Ballast shall be taken from any Town shore by any person whatsoever Ballast not to be taken without leave without allowance under the hands of the Select men upon the penalty of six pence for every shovel full so taken unless such stones as they had laid there before It is also Ordered That no Ship nor other Vessel shall cast out any Ballast in the Channel or other place inconvenient in any Harbour within this Jurisdiction upon the penalty of ten pounds nor cast into the Channel 1646. BARRATRY IT is Ordered and Decreed and by this Court Declared That if any man be proved and judged a common Barrater vexing others with unjust Barratry frequent and endless suits it shall be in the power of the Court both to reject his Cause and to punish him for his Barratry 1641. BENEVOLENCE IT is Ordered That this Court hereafter will grant no Benevolence except in forreign occasions and when there is Money in the Treasury sufficient and our debts first satisfied 1641. It is Ordered by this
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
or publick service ibid None to be compelled out of the Jurisdiction on an offensive but only on a defensive war ibid No mans Cattle or Goods to be pressed but by Warrant grounded on some Act of General Court and to be paid hire for them and reparation in case of damage ibid Imprisonment No Bail or Main-prize to be taken for Capital cases or Contempt in open Court Folio p 74. Indians Right of Land declared Folio 74.1 Reduced to civility to have Alotments among the English ibid Civilized a competent number so as to be capable of a Township on Petition to the General Court shall have Lands set out ibid Shall have relief in any Court against the English doing injury to them in their planting Grounds c. ibid No person to give barter or sell any Arms or Amunition to them on penalty s. 2. None of any forreign Nation or English to Trade with them in this Jurisdict Folio p. 75. s. 3 Any person in this Jurisdiction may seize on Vessels or Goods in trading with them ib None directly or indirectly to Trade with them but such as are allowed on penalty Folio s. 4. Encouragement to the Informer ibid None to give or sell Liquor to them on penalty ibid. s. 5. unless in sickness Folio s. 6. All Trading houses not allowed to be demolished ibid. s. 5. None to sell any Vessel to them on penalty ibid. s. 6. The Laws in force among us to be published to them in subjection to us once a year Folio 77.8 Powaws forbidden on penalty ibid. s. 10 Any person may seize any of them having Liquors and deliver both to the Constable ibid. s. 11. Trade with them for Peltry and Amunition to be allowed by the Treasurer Folio 78.12 Every allowed Trader to pay for his License to the Treasurer ibid. To give a true accompt ibid. The Law touching Trade with them to be only during the Courts pleasure ibid Indictments No Indictments Complaint or Presentment of force if not made within one year after the offence except in Capital cases and Fellonies above 10. s. wherein persons damnified to have their remedy according to Law Folio p. 79 Inkeepers Every one to pay for draught of Beer Cyder c. see Imposts Folio 69.4 To give accompt once a moneth on penalty of forfeiture of their License or otherwise ibid None may be a common Victualler or sell Wine c. by retail without approbation of Select men and license of County Court on penalty see Inkeepers Folio 79.1 Merchants of Wine and Stillers c may retail Wine Liquors c. ibid Every one to have a Sign within 3 months after license granted on penalty ibid To be alwayes provided with good Beer as the Law provides on penalty Folio p. 80 To put no Molosses in Beer Retailed on penalty Folio 80.2 Not to suffer any to be Drunk or to drink excessively on penalty ibid. s. 3 That shall conceal in his House any person Drunk or not make stay of him till a Constable come the penalty ibid Whom they may entertain in the night season Folio 81. 6. Their Licenses forfeitable in case Folio 82. 9. To provide for Strangers Horses on penalty Folio 82. 10 To pay 50. s. per Butt for what Wine they draw and to accompt with the Treasurer every 6 moneths ibid. s. 11. To pay such Imposts on Wines to the content of the Treasurer ibid To pay no Impost for what Wines they sell by the Quarter-cask ibid To clear their Houses in Lecture times on penalty Folio 83. 12 Their Licenses to be renewed yearly ib. s. 15 Permitting wanton and rude singing in their Houses the penalty Folio 84. 17 Entertaining persons forbidden by the Select men the penalty Folio 85. 19 May not arrest attach c. any Saylor for Debt in case see Saylors Folio p. 134 Drunkenness Indians found Drunk refusing to confess where they had their drink to be Imprisoned see Indians Folio 11. 77 Indians accusation of any person felling him drink shall be valid against the person except he shall purge himself by Oath ibid Every Indian Drunk to pay 10. s. or be whipt ibid Every other person Drunk to pay the penalty see Inkeepers Folio 80. 4 For excessive drinking the penalty ibid Tiplers Tipling above half an hour or at unseasonable times or after 9 of the clock the penal ib No Merchant Cooper c. that keep wines to suffer any to drink to excess or be drunk on penalty Folio 81. 7 No Retailer of strong waters or private house-keeper to permit any to tipple in their houses on penalty Folio 82. 8. Retailars of strong waters to pay 2. d. the quart Folio 82. 11. None to Still or Retail strong waters without license on penalty Folio 83. 16. Strong liquors in Cases not prohibited to be sold ibid Every person confessing his offence against this Law his testimony good against others Folio 83. 13 Wanton and rude singing in publick houses penalty and all present equally guilty in case Folio 84. 7 Any person that shall keep a house of Entertainment without license had and reniewed according to Law the penalty Folio 84. 18 The penalty for any persons frequenting Ale houses when forbiden by Select men Folio s. 19 Iudgements Executions When to be Entred and when not see Attachments Folio 7. 1. Acknowledged before two Magistrates and Clerk good in Law see Courts Folio 34. 7 To be given by inferiour Courts upon the resolution of the General Court in difficult cases Folio 38. 11 Any Sale Alienation or Assignment of a Judgement void in Law see Iudgem Folio p. 85. Every Judgement given against any person to be Recorded in a book see Records Folio 129. 1. Executions Not to be granted till 12 hours after Judgement but by special Order see Appeal Folio 3. 1 Respited in case see Attachments Folio 7. 2 Every sale of Executions void in Law see Iudgements Folio p. 85 A person dying before Execution upon Judgement is taken out or before satisfaction received may be reniewed by Eecutors or Administrators see Iudgements Folio p. 86 To be levied by Maishals see Marsh Folio 102. 2. In civil Actions void if not served within a Moneth after Judgement except the Court respit see sureties Folio p 144 Iurors Grand-jurors to Present Excess in Apparel see Apparel Folio p. 5 Taylors in case see Additions to the Law ib. Neglect of Towns precuring an able Ministry see Ecclesiastical Folio 40. 19 The breach of the Law tit Indians Folio 75. 5 Grand Iury and Iury for Tryals To be Summoned for County Courts out of their own County see Courts ib. s. 7 No Jurors to be summoned from Salem to Iâ—swich nor Ä— contra ibid To attend Courts adjournments at the time appointed see Courts Adjournment Folio p 38 Iurors At Court af Assistants to be chosen out of Suffolk and Middlesex see Iuries Folio 86. 1. Jurors sworn to judge of matter of fact and costs the Bench of matter of
c. And it is hereby Ordered That no person shall ship or transport any Hides whatsoever out of this Jurisdiction without license from the person so Authorized upon penalty of loosing of such Hides so shipped nor shall any Master Purser or any other person belonging to any Ship or Vessel within this Colony receive on Board any Raw or Ruffe Hides without a Note or Ticket from the person so appointed first appearing upon the penalty of paying ten shillings for every Hide so shipped And such person Authorized as abovesaid shall have power by himself or whom he shall appoint to make search in any Ship or Cask wherein they suspect any Hides to be Laden contrary to this Order and shall make seizure thereof and the penalties and forfeitures above-mentioned shall be the one third to the seizer one third to the Country and one third to the Town from whence such Hides are shipt And it is further Ordered that the persons chosen as abovesaid shall be sworn to a faithful discharge of their duty herein INDIANS PORK WHereas the Indians that border upon the English Towns within this Jurisdiction do frequently sell Pork to the English and there is ground to suspect that some of the Indians do steal and sell the English mens Swine For prevention whereof This Court doth Order and Enact That all English men do henceforth mark their Swine with some Ear-mark or if they neglect the same it shall be reckoned as the loss of their propriety in them And it is further Ordered That no Indian within this Jurisdiction shall mark any Swine upon the Ears and that all Indians who bring Pork unto the English to sell Order to prevent Indians stealing Englishmens Swine are required to bring with them the Swines Ears whole otherwise or if the ears be marked it is in the liberty of any person to seize upon such Pork tendred to fell and the same to be forfeited the one half to the Seizer the other half to the poor of the place where it is seized to be distributed by the Select-men to them And it is further Ordered That this Law be forthwith Printed Published and Declared to all the Indians within this Jurisdiction in the Indian Language that they may attend the same And this Law to take place and commence eight Moneths afrer publication hereof SCOLDES VVHereas there is no express punishment by any Law hitherto established affixed to the evil practise of sundry persons by Exorbitancy of the Tongue in Railing and Scolding It is therefore Ordered That all such persons convicted before any Court or Magistrate that hath proper cognizance of the case shall be Gagged Punishment for Railing or Scolding or set in a Ducking-stool and dipt over Head and Ears three times in some convenient place of fresh or salt-water as the Court or Magistrate shall Judge meet Whether S shipping Goods upon B to be delivered to R beyond the Sea the said R paying fraight and the said B upon his arrival at the Port tendring the said Goods to R Resolution of a Question as to Fraight and the said R refusing to meddle with the said Goods and to pay fraight whether the said B can recover his fraight for the said Goods of the said S the said Good being left in a safe hand by good advice by the said B or whether the said B ought not to have satisfied himself for his fraight out of the said Goods without molesting the said S The Court resolves this Question that S is not liable to pay fraight unto B but B to satisfie himself for the fraight out of the Goods Whether all Reviews are to be Entred and Prosecuted in that Court where the Action was at first commenced Where reviews are to be tryed The Court resolves the Question on the Affirmative Whether upon an Action of Review the Costs of former Courts where the Action hath been tryed shall be granted for whom Judgement is given The Court Resolves this on the Negative Whether the Law tit Possessions intend the confirmation of Land to the Possessor Possession according to Law gives title c. where the Graunt of the said Land was to another person and the Possessor nothing to show for the Allienation thereof but his Possession according to that Law The Court resolves this on the Affirmative FINIS