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
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
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
Country Rate Any Custome or Usage to the contrary notwithstanding 1662. TRYALS No cause to be first brought to the Gen. Court IT is Ordered That all causes between Party and party shall first be tryed in some Inferiour Court and that if the party against whom the Judgement shall pass shall have any new Evidence or other new matter to plead he may desire a new Tryal in the same Court upon a Bill of Review And if Justice shall not be done him upon that Tryal he may then come to this Court for Relief 1642. 2. It is Ordered and by this Court Declared That in all Actions of Law it shall be the liberty of the Plaintiffe and Defendant by mutual consent to choose whether they will be tryed by the Bench Liberty for Trials by Bench or Jury or by the Bench and Jury unless it be where the Law upon just reason hath otherwise determined the like liberty shall be granted to all persons in any Criminal case 3. Also it shall be in the liberty of both Plaintiffe and Defendant and likewise of every Delinquent to be judged by a Jury Liberty to challenge to challenge any of the Jurors and if the challenge be found just and reasonable by the Bench or the rest of the Jury as the challenger shall choose it shall be allowed him and tales de circumstantibus Impannelled in their room 4. Also Children Ideots Distracted persons and all that are Stangers or new comers to our Plantation shall have such allowances and dispensations in any case whether Criminal or others as Religion and Reason require 1641. VAGABONDS THis Court being sensible of the increase of Prophaness and Irreligiousness by reason of the Vagrant and Vagabond life of sundry persons as well Inhabitants as Forraigners that wander from their Families Relations and Dwelling places from Town to Town thereby drawing away Children Servants and other persons both younger and elder from their lawful Callings and Imployments and hardning the hearts of one another against all Subjection to the Rules of Gods Holy Word and the Established Laws of this Colony All which to prevent This Court doth hereby Order and Enact That all such persons where ever they may be found in any place of this Jurisdiction Vagabonds and wandring persons be Apprehended by the Constable of the said place with or without further Warrant and and brought before the next Magistrate who if upon Examination shall finde them to be such as do not give a good and satisfactory account of such their Wandring up and down they shall proceed with and against them as Rogues and Vagabonds and cause them to be corporally punished and sent from Constable to Constable until they come to the place of their abode Or in case they will not confess where their abode is within this Colony nor yet voluntarily depart out of the same then to be sent to the House of Correction there to remain until the next Court of that County 1662. VOTES IT is Ordered and by this Court Declared That all and every Freeman and others Authorized by Law called to give any Advice Vote Verdict or Sentence in any Court Council or Civil Assembly Liberty of Voting shall have freedome to do it according to their true Judgement and Conscience so it be done orderly and in-offensively for the manner and that in all cases wherein any Freeman or other is to give his Vote be it in point of Election making Constitutions and Orders or to be silent or passing Sentence in any case of Judicature or the like if he cannot see Light or Reason to give it positively one way or other he shall have liberty to be silent and not pressed to a determinate Vote which yet shall be Interpreted and Accounted as if he Voted for the Negative Neuters accounted on the â—egative And further that whensoever any thing is to be put to a Vote and Sentence to be Pronounced or any other matter to be Proposed or Read in any Court or Assembly if the President or Moderator shall refuse to perform it the major part of the Members of that Court or Assembly shall have power to appoint any other meet person to do it and if there be just cause to punish him that should and would not 1651. VSVRY IT is Ordered Decreed and by this Court Declared That no man shall be adjudged for the meer forbearance of any Debt above eight pound in the hundred for one year and not above the Rate proportionably for all sums whatsoever Bills of Exchange excepted neither shall this be a colour or countenance to allow any Usury amongst us contrary to the Law of God 1641 43. WAMPAMPEAG IT is Ordered That Wampampeag shall pass currant in the payment of Debts to the payment of forty shillings the white at eight a penny the black at four Replealed 1661. so as they be entire without breaches or deforming spots except in payment of Country Rates to the Treasurer which no Town or person may do nor he accept thereof from time to time 1643 48 49 50. WATCHING FOr the better keeping of Watches by the Constable in the time of peace It is Ordered by this Court and the Authority thereof A. 52. p. 12. That all Constables Watches in every Town of this Jurisdiction shall begin the first of May and continue till the end of September upon the penalty of five pounds to be leavied on every Constable neglecting the same Constable to set the Watch And it shall be the care of the Constable to see that the Watch be so warned that it may not consist of all or the greater part Youths but that able men be joyned with them that the Watch may be a sufficient Watch unless the Select-men of that Town who have hereby power shall otherwise Order and Dispose the said Watches both respecting time place A. 57. p. 25. number and quality of persons as to them shall seem most meet And all Inhabitants of this Jurisdiction except such as are by Law exempted shall according as they are warned to serve the Country in the Constables Watches Select-men to order Watches duely and strictly observe the charge given them by the Constables And the Constables in every Town from time to time are hereby enjoyned to give in their charge to Watch-men that they duely examine all Night-walkers after ten of the clock at night unless they be known peaceable Inhabitants to inquire whether they are going Constables charg to the Watch and what their business is and in case they give not reasonable satisfaction to the Watch-men or Constable Night-walkers to be secured then the Constable shall forthwith secure them till the morning and shall carry such person or persons before the next Magistrate or Commissioner to give satisfaction for their being abroad at that time of night And if the Watch-men shall finde any Inhabitant or Stranger after ten of the clock at night behaving
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
call or cause to be called over the Lists of the names of all the Souldiers and shall give attendance in the Field all the day except he have leave from his Captain or chief Officer to take notice of any defect by absence of Souldiers or other offences that may fall out in time of Exercise And the said Clerk shall twice every year view all Arms and Amunition of the Company To view the Arms and take notice that every Souldier be furnished according to this Law to which end by direction of the chief Officer he shall give notice to the Souldiers that upon such a Training day appointed they are required to bring in the forenoon all their Arms and Amunition into the field where they shall be approved or disallowed by the judgement of the said chief Officer then in the field And further the said Clerk shall once in the year at least Survey the Arms of all other Inhabitants and see that all except as before excepted be provided in their Houses with Arms and Amunition and upon every occasion he is required to use all diligence to view every mans Arms whether they be compleatly furnished with all Arms and Amunition as the Law requireth Give notice to the Captain of all defects And the said Clerk shall within one week after any default made or defect observed present a List of the Names of all that are Delinquent and of their defects to the Captain or chief Officer of the Company and shall without partiality demand and receive all fines due for such defects to distrein within ten dayes according to this Law which if any shall refuse to pay he shall make distress upon the Goods of such persons as shall not within ten dayes after their default be discharged or have their fines mitigated by the Captain or chief Officer of the Company unless the said chief Officer shall see cause to refer the Judgement and Determination of such default to the Major and chief Officer of the Regiment at their meeting To dispose of sines for the use of the Company And the Clerk shall with the advice of the chief Officers of the Company speedily lay out all fines received or leavied in Ensigne Drums Halberts Candle and Wood for the Watch or provide Powder and Arms for the poorer sort or otherwise as in their discretion they shall judge meet for the use of the Company 11. And for the better ordering the Militia in the several Towns in cases of any suddain exigent It is Ordered A. 52. p. 14. 53. That there be a Committy of Militia in every Town and that the Committy of Militia in Boston shall consist of the Magistrates living in the Town the chief Officer of the Horse if living in Town Committy of Militia in the several Towns and the chief Officer of each company of Foot or the greatest part of them and in suddain exigents any three of them may act when due means being used a greater number cannot be assembled which Committy shall have a Commission who shall also have power to appoint a Military Watch when they shall see cause for the safety of the Town and Country And Charlstown Salem and Ipswich shall have the like Committy of Militia who shall have like power by Commission and for all other Towns where there is one or more Magistrates the said Magistrate or Magistrates Their power with the three cheif Military Officers and where no Magistrate dwels the Deputy or Deputies of the General Court with the three chief Officers of such Town or any three of them shall be the Committy of Militia for such Town and have power in all suddain exigents to order and dispose the Militia of their Town for their own safety and defence till further Order be taken and upon Alarm or any Invasion to strengthen their quarters and to hinder any approaching or assailing them in a way of Hostility by bearing Arms in Companies or refusing upon such approaches to come under command or give an account what they are and wherefore they are in such posture In case oâ— Alarm And every such Committy where any such Alarm shall be given or received or shall be assaulted as aforesaid is required with all possible speed to give intelligence to the next Magistrate and the Major of the Regiment where such Alarm is taken or assault made of the reason thereof and state of the place so assailed To give notice to the Major And the said Major is hereby required to send forth to procure intelligence of the estate of any place so Alarm'd or Assaulted and to Order Assistance to them from any other company or companies of his Regiment as the case shall require Major to Order Assistance and shall give constant intelligence to the Governour or Council of the Country and Major General of the state of such affairs with all convenient speed To give intelligence to the Councel and Major General But no Major of any Regiment shall march with his Regiment out of the County wherein he hath command nor cause any part thereof so to do without Order from the General Court Council of the Common wealth or Major General except it be in pursuit of the Enemy upon a Rout. Major not to lead his Regiment out of the County And in case of Death or absence of the Major upon any such occasion of service the eldest Captain of the Regiment shall supply his place till further Order be taken and the seniority of all Captains and chief Officers of every Company in the several Regiments shall be accounted according to the seniority of the Towns or Companies they command Seniority of Captains except the Commanders of the four Companies of Boston being of equal standing A. 53. A. 56 p. 12. the seniority of the Captains shall be according to the priority of their Commissions Committy to press Soldiers It is further Ordered That henceforth all Warrants for impressing and raising of Souldiers for any expedition shall be directed to the Committy of Militia of the several Towns A. 54. p. 3. who may execute the same by the Constable and the said Committy are hereby impowred and required to suppress all raising of Souldiers but such as shall be by the Authority of this Government And in all Towns where there are great Artillery A. 55. Forts or Batteries the Committy of Militia and Select men of the Town shall mount such Guns and fit them with appurtenances for service To take care of great Guns and repair such Forts or Batteries as they shall see necessary for the security of the Town the charge whereof the Select men are hereby impowred and required to leavie on the Estate of the Inhabitants and repair Forts according to the proportion of the Country Rate to be collected by the Constables of the said Town for the use aforesaid VVHereas in the Law tit Military