to withdraw his Action or to be non-suited before the Jury have given in their verdict in which case he shall alwayes pay full costs and charges to the defendant and may afterward reniew his Suit at another Court. 1641. 8. And it is Ordered that no man in any Suit or Action against another L 1. p. 16.49 shall falsely pretend great Damages or Debts to vex his Adversary and in all cases where it appears to the Court Vexatious Suits to pay treble damage and be fined 40. shill that the Plaintiffe hath willingly and wittingly done wrong to the Defendants in commencing and prosecuting any Action Suit Complaint or Inditement in his own name or in the name of others he shall pay treble damages to the party grieved and be fined Forty shillings to the common Treasury 1641.46 APPEAL IT is Ordered by this Court and the Authority thereof That it shall be in the liberty of every man cast Liberty to appeal condemned or Sentenced in any Inferiour Court to make his Appeal to the Court of Assistants as also to appeal from the sentence of one Magistrate or other persons deputed to hear and determine small causes unto the shire Court of each Jurisdiction where the cause was determined Provided they tender their Appeal before Execution and put in security before the Judges of the Court to prosecute it to effect and also to satisfie all damages before execution granted which shall not be till twelve hours after Judgement except by special order of the Court. In criminal cases to be bound to the good behaviour And if the cause be of a criminal nature then also to put in security for the good behaviour and appearance at the same time and if the point of appeal be in matter of Law then to be determined by the Bench if in matter of fact by the Bench and Jury And if in the Court of Assistants two of five three of seven Appeals to the General Court or such a proportion of the Magistrates then present shall actually dissent from the sentence of the Court in any Capitall offence it shall then be in the liberty of the party sentenced to appeal to the next General Court 2. It is further Ordered That all Appeals with the security as aforesaid shall be recorded at the charge of the party Appealing L. 2. p. 1. and certified unto the Court to which they are made And the party Appealing shall briefly in writing without reflecting on Court or Parties Appealant to give his reasons six dayes before by provoking Language under his own or his Atturnies hand give in to the Clerk of the Court from which he did Appeal the Grounds and Reasons of his Appeal six dayes before the beginning of the Court A. 51. p. 1. to which he did Appeal to which Court the said Clerk shall return the said writing and give copies thereof to the Defendant if he desire the same Not prosecuting an Appeal forfeit forty shill And whosoever shall Appeal from the Sentence of any Court and not prosecute the same to effect according to Law shall besides his Bond to the party forfeit to the Country the sum of Forty shillings for every such neglect 3. And for a more clear and equal hearing and determining all Cases of Appeal A. 43. p. 19. It is Ordered That no person that hath sate as Judge or voted in any inferiour Court in that case he is Appealed from shall have any vote in the Superiour Court Appealed to No Judge Appealed from may judge the action of Appeal but the case shall be determined by such as are no wayes engaged in the same by Judging or Voting formerly Provided there be more Magistrates Appealed to then those that sate in the Court Appealed from A. 54. p. 2. And in all cases of Appeal the Court Appealed to shall Judge the case Errour may be rectified with reversing the former judgement according to former Evidence and no other rectifying what is amiss therein and where the matter of fact is found to agree with the former Court and the Judgement according to Law not to revoke the Sentence or Judgement but to abate or increase damages as shall be judged right any use or custome to the contrary notwithstanding 1642. 47. 49. 50. 53. 54. ON a motion of the Deputies of Dover and Portsmouth in behalf of most of the Freeman there Appeal from the Associate Court in Dover and Portsmouth tryable That whereas they have power in their Associate Courts to try any Case under Twenty pounds and finding no Law where they may Appeal but to the Court of Assistants the Actions being many times very small and is great charge to come to Boston for every small Case it is their desire that the Court would grant them an Order that any person cost or condemned may Appeal to the County Court held in Dover or Portsmouth and that some persons may haâ—e Magistratical Power in that County as formerly The Court judgeth it meet to grant their request And it is Ordered that henceforth it shall be in the liberty of Plaintiffe and Defendant in all Cases tryable before the Court of Associates in Portsmouth and Dover to Appeal to their next County Court in Dover or Portsmouth as in other cases any custome or usage to the contrary notwithstanding 1670. Appearance Non-appearance Immunity from punishment in case of inevitable obstruction IT is Ordered by this Court and the Authority thereof That no man shall be punished for not appearing at or before any Civil Assembly Court Council Magistrate or Officer nor for the omission of any Office or Service if he shall be necessarily hindred by any apparent Act or Providence of God which he could neither foresee nor avoid Provided that this Law shall not prejudice any person of his just cost and damage in civil action 1641. APPAREL ALthough several Declarations and Orders have been made by this Court against excess in Apparel both of Men and Women A. 51. p. 5. which have not taken that effect as were to be desired but on the contrary we cannot but to our grief take notice that intollerable excess and bravery hath crept in upon us and especially amongst people of mean condition to the dishonour of God the scandall of our profession the consumption of Estates Excess in Apparel proâ—ibiâ—â—â—â— and altogether unsuitable to our poverty and although we acknowledge it to be a matter of much difficulty in regard of the blindness of mens minds and the stubborness of their wills to set down exact Rules to confine all sorts of persons yet we cannot but account it our duty to commend unto all sorts of persons the sober and moderate use of those blessings which beyond expectation the Lord hath been pleased to afford unto us in this wilderness and also to declare our utter detestation and dislike that men or women of mean condition
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
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
as aforesaid he shall forfeit ten shillings for every such offence to the Plaintiffe COVRTS IT is hereby Declared That the General Court consisting of Magistrates and Deputies L 2. P. 10 13. is the chief Civil Power of this Common-wealth which onely hath Power to Raise Money and Taxes upon the whole Country and dispose of Lands viz. to Give and Confirme Proprieties appertaining to and immediately derived from the Country General Court the Cheif power and may Act in all affaires of this Common-wealth according to such Power both in matters of Counsel makeing of Lawes and matters of Judicature by Impeaching and Sentencing any person or persons according to Law and by receiving and hearing any Complaints orderly presented against any person or Court And it is Agreed that this Court will not proceed to Judgement in any Cause Civil or Criminal before the Deputyes have taken this Oath following 1634 42 44. I Doe Swear by the most great and dreadfull Name of the Everliving God that in all Cases wherein I am to deliver my Vote or Sentence against any Criminal Offence or between Parties in any Civil case I will deale uprightly and justly Deputys Oath according to my judgement and conscience And I will according to my skill and ability Assist in all other Publick affaires of this Court Faithfully and Truely according to the Duty of my place when I shall be present to attend the service 2. Forasmuch as after long Experience L. 1. P. 16. diverse inconveniences are found in the manner of proceeding in this Court by Magistrates and Deputies sitting together Magistrates and Deputys to sitt apart It is therefore Ordered by this Court and Authority thereof That henceforth the Magistrates sitt apart and Act all business belonging to this Court by themselves by drawing up Bills and Orders as they shall see good in their wisedom which haveing agreed upon they may present to the Deputies to be considered and accordingly to give their Consent or Dissent The Deputies in like manner sitting by themselves and consulting about such Orders and Laws as they in their discretion and experience shall finde meet for the Common good which agreed on by them they may present to the Magistrates who haveing considered thereof may manifest their Consent or Dissent thereto And no Law Order or Sentence shall pass L. 1. P. 5â— or be accounted an Act of this Court without consent of the greater part of the Magistrates on the one party and the greater number of Deputies on the other party But all Orders and Conclusions that have passed by Approbation of Magistrates and Deputyes as aforesaid shall be accounted Acts of this Court No Act to pâ—â—â— without consent oâ— the major part of both and accordingly be Ingrossed which on the last of day every Session shall be deliberately Read over before the whole Court Provided that if the Magistrates and Deputies shall happen to differ in any case of Judicature either Civil or Criminal such Case shall be determined by the Major Vote of the whole Court met together 3. FOR the Electing of the Governour Deputy Governour Assistants and General Officers upon the day appointed by our Patent to hold our yearly Election being the last Wednesday of every Easter Tearm Day of Election to be aâ—â—â—ded without Summons It is Solemnly and Unanimously Decreed and Established That henceforth the Freemen of this Jurisdiction shall either in Person or by Proxy without any Summons Attend and Consummate the Elections on the day aforesaid yearly at which time also they shall send their Deputyes with full Power to consult of and determine such matters Deputies also to be sent as concern the Welfare of this Common-wealth From which General Court no Magistrate or Deputy shall depart or be discharged without the consent of the Major part both of Magistrates and Deputies None to depart without leave during the first four dayes of the first Session under the penalty of one hundred pounds nor afterwards under such penalty as the Court shall impose Provided that the Deputies of Dover and of such other Townes as are not by Law bound to send Deputies are at liberty of attending any after Sessions 1643 53. 4. It is hereby Ordered and declared that the Governour and Deputy Governour joyntly agreeing or any three Assistants consenting L. 1. P. 24. have power out of Court to Reprieve a condemned Malefactor Governour and Deputy Governor three Assistant to review one condemned till the next Court of Assistants or General Court and that the General Court onely hath Power to Pardon a condemned Melefactor Also it is declared that the General Court hath Authority to send forth into Forraine parts any member of this Common-wealth General Court may send forth any person of whatsoever quality conditon office or relation about any publick Message or Negotiation Provided the Party so sent be acquainted with the Affaires he goeth about and be willing to undertake the Service 1641 5. It is Ordered by this Court that the Governour L. 1. P. 36 24. Deputy Governour or greater part of the Assistants may upon urgent occasion call a General Court at any time Power to call a General Court Not to be diâ—solved but by consent But no General Court shall be dissolved or adjourned without the consent of the Major part thereof 6. It is Ordered and declared that the Governour shall have a casting Vote wheresoever there shall be an aqui-vote in the Courts of Assistants or General Court the President or Moderator in all Courts of Civil Assemblies 1641 The Court being sensible of the great necessity of maintaing the Authority of Courts and Magistrates Doth Order That whosoever shall openly or willingly defame any Court of Justice L. 1. P. 36. or the Sentences and Proceedings of the same or any of the Magistrates or other Judges of any such Court in respect of any act or sentence therein passed Reproach Court or Magistrates and be convicted thereof shall be punished for the same penalty by whipping fine imprisonment dis-franchisment or banishment as the quality or measure of the offence shall deserve And if any Magistrate or other member of any Court shall use any reproachfull or unbeseeming speeches or behaviour towards any Magistrate Judge Offences of the members of the Court in Court how censured or member of that Court in the face of the Court he shall bee sharply reproved by the Governour or President of the said Court and if the quality of the offence be such as shall deserve a further Censure or if the person so reproved shall reply again without leave the Court may proceed to punish any such offender by fine or imprisonment or may bind him over to the next superiour Court. And if in a General Court any miscariage shall be amongst the Magistrates when they are by themselves it shall be examined and sentenced amongst themselves if amongst the
Deputyes when they are by themselves it shall be examined and sentenced when they are by themselves if it be when the whole Court is together it shall be judged by the whole Court. 1637 41. 7. For the better Administration of Justice and easing of the Country of unnecessary charges and travaile L. 1. P. 14. It is Ordered by this Court and the Authority thereof That there bee two Courts of Assistants yearly kept at Boston Two Courts of Assistants by the Governour or Deputy Governour and the rest of the Magistrates on the first Tuesday of the first month and on the first Tuesday of the seventh month to hear and determine all their power and onely actions of Appeale from inferiour Courts all Causes of divorce all Capital and Criminal Causes extending to Life Member or Banishment And that Justice be not deferred nor the Country needlesly charged L. 3. P. 5. It shall be Lawfull for the Governour or in his absence the Deputy Governour as they shall judge necessary to call a Court of Assistants for the Tryall of any Malefactour in Capital Causes Governour may call a Court of Assistants Also there shall be County Courts held in the several Countyes by the Magistrates living in the respective Counties or any other Magistrates that can attend the same or by such Magistrates as the General Court shall appoint from time to time L. 1. P. 14 15. together with such persons of worth where there shall be need as shall from time to time be appointed by the General Court at the nomination of the Freemen of the County to be joyned in Commission with the Magistrates County Courts so that they may be Five in all who keep them Three whereof may keep a Court provided there be one Magistrate Every of which Courts shall have full power to hear and determine all Causes How many judges Civil and Criminal not extending to Life Member or Banishment which with Causes of divorce are reserved to the Court of Assistants and to make and constitute Clerks and other needfull Officers their Power and to Summon Juryes of Inquest and Tryals out of the Towns of the County Provided no Jurors shall be warned from Salem to Ipswich nor from Ipswich to Salem and the times and places for holding the County Courts shall be as followeth SVFFOLK Boston the last tuesday of the second Month. The last tuesday of the fifth Month. Time and plâ— of the County Courts The last tuesday of the eighth Month. And the last tuesday of the eleventh Month. NORFOLK Salisbury the second tuesday of the second Month. Hampton the second tuesday of the eighth Month. ESSEX Salem the last tuesday of the fourth Month. And the last tuesday of the ninth Month. Ipswich the last tuesday of the first Month. And the last tuesday of the seventh Month. PASCATAQVA Dover the last tuesday of the fourth Month. Portsmouth the last tuesday of the fourth Month. MIDDLESEX Charlstown the third tuesday of the fourth Month. And the third tuesday of the tenth Month. Cambridge the first tuesday of the second Month. And the first tuesday of the eighth Month. YORKSHIRE York the first tuesday of the fifth Month. HAMPSHIRE North-Hampton the last tuesday of the first Month. Springfield the last tuesday of the seventh Month. A Judgement acknowledged before any two Magistrates and the Secretary of Clerk of any Court shall be good in Law L. 2. p. 7. Judgement acknowledged before two Magistrates and the Clerks Fee for Recording the same shall be twelve pence and if the Secretary or Clerk be a Magistrate he with one Magistrate may do it 8. For the more speedy dispatch of all Causes which shall concern Strangers who cannot without prejudice stay to attend the ordinary Courts of Justice L. 1. p. 15. It is Ordered that the Governour or Deputy Governour with any two Magistrates or when the Governour Special Courts for Strangers Deputy Governour cannot attend it that any three Magistrates shall have power upon the request of such Stranger to call a special Court to hear and determine all Causes civil and criminal triable in any County Court according to the manner of proceeding in County Courts which shall arise between such Strangers or wherein any such Stranger shall be party Records of special Courts to be transmittâ—d to the Court of Assistants And all Records of such proceedings shall be transmitted to the Records of the Court of Assistants to be entred as trials in other Courts which shall be at the charge of the party cast or condemned in the case 1639. L. 2. P. 15. Strangers liberty to sue at any Court It is further Ordered that it shall be lawful for any Stranger upon legal Summons to enter any Action in any Court of this Jurisdiction against any person not residing or Inhabitant amongst us 9. For preventing all occasions of partial or undue proceedings L. 1. P. 36. in Courts of Justice and avoiding of jealousies It is Ordered that in every civil Cause between Party and Party where there is between any Judge of the Court Judges related to parties not to give Sentence and any of the parties the Relation of Father and Son either by Nature or Marriage Brother and Brother Uncle and Nephew Landlord and Tenent in matters of considerable value Such Judge though he may have liberty to give reasonable Advice in the case yet shall have no power to Vote or give Sentence therein neither shall sit as a Judge when he shall so plead or give Advice therein 1635. L. 1. P. 16. Offender to be Judged the next Court. 10. It is Ordered by this Court that every person that is to Answer for any criminal Cause whether in Prison or under Bayle his Cause shall be heard and determined at the next Court that hath proper cognizance thereof if it may be done without prejudice of Justice 1641. 11. Forasmuch as the proceedings of this Court are often hindred by introducing particular cases of a private nature A. 54. P. 2. In difficult casâ—s Courts may consult with the General Court It is therefore Ordered that no Court shall transfer the Cases comeing before them and proper to their cognizance whether civil or criminal but if there be difficulty in any case the Court shall state the Question leaving out the parties Names and may present the same to the General Court where it may be resolved and according to the said resolution of the General Court the Inferiour Court that presented the Question shall at their next meeting proceed to Judgement or Sentence 1654. L. 2. P. 4. County Courts may admit Freemen 12. Every Court within this Jurisdiction where two Magistrates are present may admit any Church Members that are fit to be Freemen giving them the Oath and the Clerk of each Court shall certifie their Names to the Secretary at the next General Court 1641. It
the great increase of prophaness among us especially among the younger sort taking their opertunity of meeting together in places of publick Entertainment to corrupt one another by their uncivil and wanten carriage rudely singing and making a noise to the disturbance of the â—â—mity and other Guests if any be in the House Penalty for rude singing in Taverns This Court do therefore Order and hereby Enact That no person or persons whatsoever do presume either in Word or Deed to carry it uncivilly or wantonly singing rudely or making a noise to the disturbance of the Family or any other Guests in any place of Publick Entertainment on penalty of paying five shillings for every â—fâ—ence against this Law being therefore legally Convicted before any Court Magistrate or Commissioner And where sundry persons are in the same company where any such rude and uncivil carriages are acted and the particular person or persons unknown every of the said persons shall be liable to the like penalty unleâ—s they can attest their innocency and do freely give in their testimony against the nocent And if any person allowed to keep a house of publick Entertainmentshall suffer such carriages by any person or persons and not legally prosecute the same before Authority on legal conviction thereof before the County Court of whom they had their License they shall be debarred of any further renewal thereof 1664. As an Addition to the Law tit In-keepers It is Ordered by this Court and the Authority thereof That where any person or persons whatsoever shall presume to keep an House of publick Entertainment Ordinary Cooks shop or shall by Retail sell Wine Strong Beer Liquors or Cyder without License first had and orderly obtained or having had License and not renewed as the Law requireth or being discharged for any misdemeanour committed or suffered to be done in their Houses or in or about the same It shall be lawful for any Court or Magistrate on complaint made to them of such Misdemeanour to send for such person or persons before them and being legally convicted of any the abovesaid offences besides the penalty to require Bond with sufficient Sureties for the good Abbearance of such person or persons and in special for their obâ—ervance of the said Law And in case of Refusal to give such Bond with Sureties as is required the Court or Magistrate that hath cognizance of such Complaint shall commit such person or persons convicted as abovesaid to Prison until the next Court of that County 1665. VVHereas this Court hath made several Laws and Orders for the prevention of the sin of Drunkenness and mispending precious Time and Estate and yet notwithstanding great complaint is made of several persons spending their Time and Estate by Drinking and Tipling in Taverns and Ale-houses to the great dishonour of God and prejudice of their Families For the prevention whereof It is Ordered by this Court and the Authority thereof That the Select men of each Town shall be For prevention of Drunkenness and are hereby required and impowred to take special care and notice of all and every person and persons transgressing as abovesaid and thereupon to require him or them to forbear the frequenting of such Houses or Taverns and if any person shall after such warning given him be found in any such House of Entertainment and be legally convicted thereof before any one Magistrate or Commissioner he shall forfeit five shillings to be paid to the Treasurer of that Town for every such Offence or sit in Stocks as the Judges shall see meet And it is further Ordered That the Select men shall also give notice to the keepers of â—uch Publick Houâ—es that they suffer no such noted person in any of their Houses upon the penalty of twenty shillings for every such defect to be paid to the Treasurer as aforesaid 1670. Judgements and Executions VVHereas there is a great abuse in selling of Judgements and Executions and so altering the property of them before they be satisfied A. 54. or Goods seized whereby great inconvenience may arise as experience hath proved Judgements and Executions not to be sold This Court doth therefore Order That after the end of this Session no person shall sell Alienate or Assigne any Judgement or Execution whatsoever and if any shall presume to Act contrary to this Order his Sale Assignment or Alienation shall be void in Law and in case the party die after the Judgement before he hath taken out an Execution or before satisfaction be received his Executor or his Administrator shall take out or reniew the-Execution as the party deceased might have done JVRORS JVRIES IT is Ordered by this Court and the Authority thereof L. 2. p. 5. that the Secretary or Clerk of every Court Clerk to grant warrant for Jurors shall in convenient time before the sitting of the Court send Warrants to the Constables of the several Towns of the Jurisdiction of that Court for Jury-men proportionable to the Inhabitants of each Town Chosen by the Freemen And the Constable upon the receipt of such Wariant shall give timely notice to the Free men of their respective Towns to chuse so many able discreet men as the Warrant shall require which men so chosen Constables to return the warrant he shall warn to attend the Court whereto they are appointed and shall make return of the Warrant unto the Clerk aforesaid The like Order shall be observed in the choice and summoning juries to attend special Courts A. 51. p. 5. L. 2. p. 8. Jâ—ies at special Courâ—s allowed 4. â— per diem At which Courts every Jury man shall be allowed four shillings per diem for their charges and to be paid by him upon whose motion the Court was granted And all Juries serving at the Court of Assistants at Boston L. 1. p. 32. shall be Summoned respectively out of the Counties of Suffolk and Middlesex Jury to finde accord to Eviden And all Jurors so chosen shall be Impannelled and sworn truely to try between party and party and shall finde the matter of fact with the damages and costs Bench to determine matter of equity according to their evidence and the Judges shall declare the Sentence or direct the Jury to finde according to Law and if there be matter of apparent equity as the forfeiture of an Obligation breach of Covenant without damage or the like the Bench shall determine such matters of equity And no tryal shall pass upon any man for life or Banishment in any inferiour Court but by a special Jury Summoned for that purpose Grand-Juries 2. It is also Ordered that there shall be Grand juries Summoned in like manner every year unto the several Courts in each Jurisdiction to present all misdemeanours they shall know or hear L. 1. p. 47. to be committed by any person within the Jurisdiction and to do any other service of the Common-wealth they shall
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
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
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
Folio P 41 S 5 To receive fees for entry of Petitions See Petitions Folio P 121 To give accompt of Petitions entred to the Deputies which shall be allowed as part of his Sallary ibid Of Courts To return Reasons of Appeal to the Court of Assistants See Appeal Folio p 4 s 2 To sign Warrant for Executions in cases civil or criminal see condemned Folio p 30 s 2 To enter all Graunts Sales c. see Conveyances Folio p 33 s 5 To signifie to Country or County Treasurer within 14 dayes what fines are imposed on any See Courts Folio p 51 To send Warrants to Towns to chuse Jurors see Iurors Folio p 80 s 1 To grant Execution for what is unpaid on a former Execution see Marshall Folio S 2 To certifie County Court the neglect of Clerk of Writts see Records Folio p 130 s 2 To Record Straies lost goods and return to the Country Treasurer see straies Folio p 142 s 2 To send the Order about Children to Constables see Townships Folio p 149 s 7 To keep a Book of Accompt of Entry of Actions on penalty see Treasurers Folio p 151 s 4 To enform Coun. Co. of any renouncing Excecutorship c on penalty see Wills Folio p 158 s 1 To enform County Courts of any Will proved or Administration granted Folio S 2 Of Trained Bands May take Fines by Distress by order of the Major chief Officers see Military Folio p 107 s 2 To provide Arms Folio P 109 s 8 To take the Oath belonging to his Office to pay a penalty on refusal Folio s 10 His duty see Military Folio P 109 110 s 10 Of Troops To take the Oath belonging to his Office Folio P 113 s 16 To Leavy fines his fees ibid When to make Distress ibid To Leavy fines for not Watching Folio p 114 s 18 Of Markets To take the Oath of his Office Folio p 8 s 1 His Duty ibid Colledge To be managed by Feoffees Folio P 29 s 1 The major part of Feoffes may make Orders ibid Dispose of Gifts and Revenues ibid The whole number may Repeal and Alter Orders ibid May distribute the Countries allowance to President and Fellows ibid Commissioners Of Vnited Colonies Their Power see Presidents Folio P 163 Of Shires their duty By whom appointed see Elections Folio P 47 s 3 To carry the Votes for Nomination of Magistrates to be opened at Boston ibid. The time when and before whom to be opened ibid To make return to the several Constables under their hands of the persons to be nominated for Magistrates ibid Commissioner for Suffolk to appoint the place for opening the votes ibid Commissioners of Towns In every Town to receive carry the votes for Nomination of Magistrates and County Treasurers to the Shire meeting when and how to proceed see Elections Folio P 47 s 3 To chuse one out of themselves to carry the Votes of the Shire to Boston ibid For making Rates To joyn with the Select men in making Rates and by whom to be chosen Folio p 23 s 3 To meet at the shire Town the first fourth day in September with their Assessments to be examined and corrected Folio p 24 ibid To return to the Treasurer under their hands what is to be leavied on every Town on penalty ibid p 24 To prize Corn for Rates The Commissioners of Essex Suffolk and Middlesex where the General Court doth not to Prize Corn ibid Commissioners of Boston To be annually chosen see causes Folio p 21 s 3 The number to be chosen ibid To be approved by the Court of Assistants and sworn by them or Governour or Deputy Governour ibid To try Causes to ten pounds the extent of their power their Court stated to publish their Court dayes ibid To impose fines to 40. s. Folio p 22 s 3 May by Warrant summon any offenders to appear and may punish as one Magist ibid To have a Commission under the Secretaries hand ibid To fine persons for galloping in the Town See Galloping Folio p 57 May fine any not brewing Beer according to Law See Inkeepers Folio p 80 s 2 to have Magistratical power se Presid Folio p 166 Commiss to try small Causes in Towns To be chosen by Court of Assistants or County Court see Causes Folio p 20. s. 1. their power ibid to take an Oath see Presidents Folio p 166 May punish breach of the Peace see breach of the peace Folio p 11 s 1 May punish unruly Children see Childr Folio 27.2 May punish any entertaining such Childr Folio s 3 Every Commissioner on Oath May dispose of Cards and Dice brought in involuntarily see Gaming Folio p 58 s 4 May punish Gamesters by fine or corporal punishment ibid May punish or fine a drunken Indian see Indians Folio s 11 May punish any that are drunk see Inkeepers Folio p 81 s 5 May punish wanton rude singing in publick houses Folio s 17 May punish any found in publick houses after prohibition of Select men Folio s 19 To keep Records of Judgements given against any person see Records Folio p 129 s 1 May punish prophaners of the Sabbath see Sabbath Folio p 132 s 1 May punish any drinking in Ordinaries after Sun set Folio s 2 May punish any neglecting to watch see Watches Folio p 154 s 1 May take the testimony of any of 14 years of age see Witnesses Folio p 158 s 2 A Commissioners Court May punish any Retailer of strong-waters or private house-keeper for permitting any to tipple See Inkeepers Folio p 81. s 7. p 82 s 8 No Commissioner may give counsel in case See Counsel Folio p 34 None to be allowed Commissioner in any Town but such as are approved see Causes Folio p 22 s 4 Commissioners of Indians Authorized may issue Cases among themâ—â—â—â—â—â—â—â—e Magistrate and to have Officers to execute Commands and Warrants See Indians Folio p 77 s 9 With one Magistrate have the power of a Country Court ibid Condemned No person to suffer within 6 dayes after judgement but in special cases Folio p 30 s 1 Not to be unburied 12 hours except for Anatomy ibid Constable his Office Duty By Warrant to impress Workmen See Bridges Folio p 12 s 1 To leavy fines granted by a Magistrate to 40 s See Burglary Folio p 13 s 2 To return to County Courts what fines received ibid By warrant to search for stollen goods and apprehend any suspitious person Folio s 3 To present the Gager to take Oath within a moneth on penalty See Caâ—k Folio p 16 s 1 To leavy fines by warrant from Select-men See Cattle Folio p 19 s 6 To serve Warrants or Attachments tryable before a Magistrate See Causes Folio p 20 s 1 To obey the Warrants of three Commissioners in Towns ibid To obey and assist the Commissioners of Boston Folio s 3 To warn Freemen to chuse a Commissioner in making Rates see Charges Publick Folio p 23 s 3 To collect Country Rates and pay
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
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