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
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
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
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
maintenance for the incouragement of a President This Court takeing the same into their serious consideration and finding that though many Propositions have been made for a voluntary Contribution yet nothing hath hitherto been obtained from severall persons and Townes although some have done very liberally and freely and fearing least we should shew our selves ungratefull to God or unfaithfull to posterity if so good a Seminary of Knowledge and Virtue should fall to the ground through any neglect of ours It is therefore Ordered by this Court and the Authority thereof That besides the Profit of the Ferry formerly granted to the Colledge which shall be continued there shall be yearly Levyed by Addition to the Country Rate one hundred pounds One hundred pounds given by the Court to the President and Fellows to be payd by the Treasurer of the Country to the Colledge Treasurer for the behoofe and maintenance of the President and Fellows to be distributed between the President and Fellows according to the determination of the Overseers of the Colledge and this to continue dureing the pleasure of the Country And it is hereby Ordered That no man shall stand engaged to pay his voluntary Contribution that he hath under-written by virtue of this Courts propositions and that such persons as have allready done voluntarily shall be considered for the same in the Country Rate such a proportion as this addition of one hundred pounds doth adde to the Rate to be allowed by the Constable to each person and by the Treasurer to the Constable 1659 CONDEMNED IT is Ordered by this Court That no man Condemned to dye shall be put to Death within four dayes next after his condemnation None to be executed within 4 dayes after Condemnation unles the Court see special cause to the contrary or in case of Marshal Law nor shall the Body of any man so put to death be unburied twelve houres unless it be in case of Anotomie 1641 It is Ordered by this Court and the Authority thereof That the Secretary for the time being shall from time to time Signe all Warrants for the execution of persons sentenced to Death Signing of VVarrants for execution either in the General Court or Court of Assistants and that the Secretary or Clerke of every Court shall signe Warrants for executions in all other judgements of Courts Civil or Criminal any Custome or usage to the contrary notwithstanding 1668 CONSTABLES IT is Ordered by this Court and Authority thereof That the Constable shall Whip Constable to whip or Punish any to be punished by Order of Authority where there is not another Officer apointed to do it in their own Townes unless they can get another to do it A. 55. P. 26 Also every Constable is Impowered and hereby Enjoyned faithfully to Collect such Rates and Assessments as shall from time to time be committed unto them To Collect town Rat. 〈◊〉 by the Select men of the several Towns provided it be by Warrant under their hand 2. It is further Ordered That any and every Person tendered to any Constable of this Jurisdiction by any Constable or other Officer To convey of senders of our owne or belonging to any Forraine Jurisdiction in this Country or by Warrant from any such Authority shall be presently received and conveyed forthwith from Constable to Constable till they be brought to the place to which they are sent or before some Magistrate of this Jurisdiction who shall dispose of them as the justice of the cause shall require Hues cryes to be pursued And all Hues cryes shall be duely received and diligently pursued to full effect And where no Magistrate is neer To be put forth by the Constable every Constable shall have full power to make signe and put forth pursuites or Hues cryes after Murderers Manslayers Peace-breakers Theeves Robbers Burglarers and other Capital offenders as also to Apprehend without warrant Offenders to be Apprehended such as are overtaken with Drinke Swearing Sabbath-breaking Lying Vagrant persons Night-walkers Provided they be taken in the manner either by the sight of the Constable or by present information from others As also to make search for all such persons either on the Sabbath day or other when there shall be occasion in all houses Licensed to sell either Beer or Wine or in any other suspected or disordered places and those to Apprehend and keep in safe custody till opportuinity serve to bring them before one of the next Magistrates to further examination Provided when any Constable is imployed by any of the Magistrates for Apprehending of any person he shall not do it without Warrant in writing All to assist the Constable on penalty of 10. â—s And if any person shall refuse to assist any Constable in the execution of his Office in any of the things afore mentioned being by him required thereto they shall pay for neglect thereof ten shillings to the use of the Country to be levyed by Warrant from any Magistrate before whom any such offender shall be brought and if it appear by good testimony Willfull neglect forty shilligs that any shall willfully obstinately or contemptuously refuse or neglect to assist any Constable as is before expressed he shall pay to the use of the Country forty shillings And that no man may plead ignorance for such neglect or refusall It is Ordered that every Constable shall have a Black staff of five foot long Tipped at the upper end about five inches with brass Constable Stafâ— as a Badge of his Office which he shall take with him when he goeth to discharge any part of his Office which staff shall be provided at the charge of the Town and if any Magistrate Constable or any other upon urgent occasion Not raysing Hue and cries in Capital câ—sâ—s fâ—â—â— shall refuse to do their best endeavour in raysing and prosecuting Hues cryes by foot and if need be by horse after such as have committed Capital Crimes they shall forfeit for every such offence to the use aforesaid fourty shillings 1646. For the Regulating and settling the charge of prosecution of Hues cryes It is Ordered that what shall Arise by occasion of escape from the Countrys prison or flight from Authority to avoyd the same shall be payd by the Treasurer of the Country and such as Arise by flying fom any of our County prisons or to escape any of them shall be defrayed by the Treasurer of that County where the occasion did arise Charge of Hues and cries And such persons as procure Hues cryes upon their own particular occasions shall bear all the charge arising therefrom provided due accompts be made by such as demand pay 1660. Conveyances Deeds and Writings FOR the prevention of Clandestine and uncertaine Sales and Titles A. 52. P. 15. It is Ordered and Declared by this Court That henceforth no Sale or Alienation of Houses and Lands within this Jurisdiction
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
the hands of Parents for the disposing their Children in Marriage so that it is against Rule to seek to draw away the affections of young Maidens under pretence of purpose of Marriage before their Parents have given way and allowance in that respect And whereas it is a common practise in divers places for young men irregularly and disorderly to watch all advantages for their evil purposes to insinuate into the affections of young Maidens by comeing to them in places and seasâ—ns unknown to their Parents for such ends whereby much evil hath grown amongst us to the dishonour of God and damage of parties For prevention whereof for time to come It is further Ordered That whatsoever person from henceforth shall endeavour directly or indirectly No motion of Marriage to be made to any maid without consent of Parents to draw away the Affection of any Maid in this Jurisdiction under pretence of Marriage before he hath obtained liberty and allowance from her Parents or Governours or in absence of such of the nearest Magistrate he shall forfeit for the first offence five pounds for the second towards the party ten pounds Penalty 5.11 and be bound to forbare any further attempt and proceedings in that unlawful design without or against the allowance aforesaid And for the third offence upon information or complaint by such Parents or Governours to any Magistrate giving Bond to prosecute the party he shall be committed to prison and upon hearing and Conviction by the next Court shall be adjudged to continue in Prison until the Court of Assistants shall see cause to release him 1647. 4. Whereas divers persons both Men and Women living within this Jurisdiction whose Wives and Husbands are in England or else where by means whereof they live under great temptations here and some of them committing lewdness and filthiness here amongst us others make love to Women and attempt Marriage and some have attained it and some of them live under suspition of uncleanness and all to the great dishonour of God reproach of Religion Common-wealth and Churches It is therefore Ordered by this Court and Authority thereof for the prevention of all such future evils That all such married persons as aforesaid Married 〈◊〉 to go to 〈…〉 pain of 20 11. shall repair to their said Relations by the first oportunity of shipping upon the pain or penalty of twenty pounds except they can shew just cause to the contrary to the next County Court or Court of Assistants after they are Summoned by the Constable there to appear who are hereby required so to do upon pain of twenty shillings for every such default wittingly made Coâ—st to present such to Court Provided this Order do not extend to such as are come over to make way for their families or are in a transient way only for Trassick or Merchandize for some small time 1647. 5. As the Ordinance of Marriage is honourable amongst all so should it be accordingly solemnized It is therefore Ordered by this Court and Authority thereof That no person whatsoever in this Jurisdiction Who may solemnize Marriage shall joyn any persons together in Marriage but the Magistrate or such other as the General Court or Court of Assistants shall Authorize in such place where no Magistrate is near Nor shall any joyn themselves in Marriage but before some Magistrate or person Authorized as aforesaid Nor shall any Magistrate or other person Authorized as aforesaid joyne any persons together in Marriage Not before publication or suffer them to joyne together in Marriage in their presence before the parties to be Married have been published according to Law 1646. IN Answer to the Question Whether it be lawful for a Man that hath buried his first Wife to Marry with her that was his first Wires natural Sister The Court resolves it on the Negative 1679. MARSHAL IT is Ordered by this Court and Authority thereof That every Marshal shall diligently and faithfully Collect and Leavy all such fines and sums of Money L. 1. p. 38 57. of every person for which he shall have Warrant from the respective Treasures Marsâ— al to leavy all Fines or other Authority which he shall return to the said Treasurer with all convenient speed upon penalty of forfeiting two shillings out of his own Estate for every Pound not Collected or Returned as aforesaid or such fine as any Court shall impose upon him for his neglect 2. And every Marshal shall with all speed and faithfulness Leavy the Goods of every person for which he shall have Warrant To serve all Executions by virtue of any Execution granted and signed by the Secretary or other Clerk Authorized thereunto and the said Goods so Leavied shall with all convenient speed deliver to the Party or Attorney that obtained the Judgement and Execution or be liable to make full satisfaction to the party for all damage sustained by his neglect To return Execution to the Clerk And the said Marshal within two Months after the receipt of any such Execution make Return of the said Execution with what he hath done by virtue thereof under his hand to the Clerk that granted the same to be by him kept and Recorded and if the Execution be not fully satisfied the said Clerk shall at the request of the party grant Execution for the remainder And every Marshal neglecting to make return of Executions as aforesaid shall forfeit double to the damage any person concerned therein may sustain by such neglect 3. Further the said Marshals shall with like care and faithfulness L. 1. p. 58. serve all Attachments directed to them and return the same to the Courts to which they are returnable at the times of the returns thereof Marshal not to be Clerk and henceforth no Marshall shall be Clerk or Recorder of any Court 4. And it is hereby Ordered That the Marshals Fees shall be twelve pence in the pound to be paid by the respective Treasurers L. 2. p. 7. for all sines leavied by the said Marshals and returned to the said Treasurers and for serving Attachments within one mile one shilling three pence Marsh Fees to be paid by the party that imploys them and for serving Executions twelve pence in the pound for all sums not exceeding ten pounds and for all sums above ten pounds and not exceeding forty pounds sixpence in the pound more and for all sums above forty pounds and not exceeding one hundred pounds three pence in the pound more and one penny in the pound more for all sums above one hundred pounds out of the Estate of the person the Execution is served upon over and above for the execution And in all cases where the aforesaid Fees for Leavying Executions or Fines will not answer the Marshals travail and other necessary charges the Marshal or other Officer imployed shall have power to demand six pence per mile and upon refusal to Leavy the same together with
bring in to the Clerk of the Writts in their several Towns the Names of such persons belonging to them or any of them as shall either be Born or Dye And also every new-Married Man shall likewise bring a Certificate under the hand of the Magistrate which Married him unto the said Clerk to be by him Recorded who shall be allowed three pence for the same and the said Clerk shall deliver as aforesaid unto the Recorder a Certificate with a penny a Name for Recording the said Marriage And if any person shall neglect to bring a Note or Certificate as aforesaid together with three pence a Name to the said Clerk of the Writts to be Recorded more then one Month after such Birth Death or Marriage he shall pay twelve pence to the said Clerk Penalty of not certifying who shall demand the same and in case any shall refuse to satisfie him he shall then return the Name of such person or persons to the next Magistrate or Commissioners of the Town where such person dwells A. 54. p. 24. who shall send for the party so refusing And in case he shall still persâ—st therein shall give Order to the Constable to leavie the some And if any Clerk of the Writts shall neglect his duty hereby enjoyned he shall pay the following penalties viz. for neglecting a yearly return to the County Court five pounds Clerk to return all Births deaths c. to the County Court and for neglect of returning the name of any person returnable by this Order whether Born Married or Dead more then thirty dayes before his return to the County Court five shillings and that no neglect may be herein for the future the Clerk of each County Court is hereby enjoyned from time to time to certifie the County Courts respectively the Names of all such Clerks of the Writts who shall neglect to make their yearly return according to this Law who upon such notice given shall send for such Clerks and do in the case as the Law requireth 3. It is Ordered and Declared That every man shall have liberty to Record in the publick Rolls of any Court L. 1. p. 47. any Testimony given upon Oath in the same Court or before two Magistrates or any Deed or Evidence legally confirmed there to remain in perpetuam rei memoriam Liberty to record testimonies and evidences And that every Inhabitant of the Country shall have free liberty to search and view any Rolls Records or Registers of any Court or Office to view publick Records except of the Council and to have a Transcript or Exemplification thereof Written Examined and Signed by the hand of the Officer paying the accustomed fees And if any person or person repairing to any publick Officer of this Jurisdiction to view any Record or Writings committed to his charge A. 52. p. 9. shall wittingly and willingly Deface or Rent any such Record or Writing upon complaint of such Officer to any Magistrate and proof by Oath of the said Officer or other sufficient Witness every person so offending shall forfeit by the party concerned therein treble the damage that might have ensued or accrued to him or them thereby and shall also be fined as much to the Country Penalty of defacing Records or suffer two Months Imprisonment without Baile or Main-prize or stand in the Pillory two hours in Boston Market with a Paper over his head written in Capital Letters A DEFACER OF RECORDS the special or particular punishment to be determined by the next County Court where the Offence was committed and shall also stand bound to the good Behaviour during the pleasure of the Court. 1639 42 43 44 47 52 57. Directions to Court Officers to grant Copies c. REsolved upon the Question That the words Rolls Records or Register of any Court or office contained in the Printed Laws tit Records c. Sect. 3. pag. 69. are to be Interpreted and understood only of such Acts of Court as concern particular persons in matters of Justice Licence Grant or Approbation or of such Laws as are of publick concernment 1665. Seasonable transcribing and delivery of matters of publick concern by the Secretary VVHereas by reason that the Orders of this Court referring to the Commissionating Appointing and Impowring any particular person or persons for any special trust negotiation or other matter as from time to time do arise are not duely and seasonably Transcribed and Delivered to those concerned therein the expectation of this Court is many times disappointed and damage to the publick doth inevitably accrue It is therefore Ordered by this Court That the Secretary from time to time To the Marshal General within ten dayes after the end of every Sessions of the General Court shall Copy out all such special Orders of this Court as abovesaid and deliver the same to the Marshal General who shall receive the same at the Secretaries house and take Order for the speedy and certain conveyance thereof to those whom they are especially directed unto And for such Orders as do require a more speedy dispatch then the time above limited the Officers above-named shall accordingly hasten the same Marshal General to attend the Treasurers and Secretaries directions c. Also the Marshal General shall from time to time receive all Warrants that are to be sent to the several Towns from the Country Treasurer as also the Laws that are at any time to be published either Printed or Written and cause them to be delivered according to the direction given him from the Treasurer or Secretary 1668. REPLEVIN IT is Ordered and by this Court Declared That every man shall have liberty to Replevie his Chattel or Goods in pounded Distreined Seized or Extended unless it be upon Execution after Judgement and in payment of fines Provided he put in good Security to prosecute the Replevin and to satisfie such Demand as his Adversary shall recover against him in Law 1641. SABBATH UPon Information of sundry Abuses and Misdemeanours committed by divers Persons on the Lords-day A. 53. p. 18. not only by Children playing in the Streets and other places But by Youths Maids and other persons both Strangers and others uncivity walking in the Streets and Fields travailing from Town to Town going on Ship board frequenting Common Houses and other places to Drink Sport or otherwise to mâ—spend that precious time which thing tends much to the Dishonour of God the Reproach of Religion Grâ—â—ring the Souls of Gods Servants and the Irephanation of his Holy Sabbath the Sanctification whereof is sometimes put for all Duties immediately respecting the service of God contained in the first Table It is therefore Ordered by this Court and the Authority thereof That no Children Youth Maids or other persons shall transgress in the like kinde on penalty of being reputed great provokers of the high displeasure of the Almighty God Prophaness of the Sabbath and further incurre
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
power ibid. Have Magistratical power See Presidents Folio p. 166. Their Oath ibid. Attachments or Summons May be taken out against any person Folio p. 7. s 1. Not to be granted to a Forreigner in case ib. Of good c. persons to have legal notice ibid. To be served six dayes before the Court. Folio s. 2. Pleading c. not a bated how ibid. To express the case ibid. To express in what name the Plaintiffe sueth Folio p. 8. s. 3. May be served by Marshals Folio s. 4. Or their Deputies See form of Attachments in Presidents Folio p. 162. May be directed to Constables see Clerks of Writts Folio p. 29. s. 1. Or their Deputies see Presidents Folio p. 162. Not granted against Saylors in case see Saylors Folio p. 134. On Goods not freed till Execution be served see Sureties Folio p. 144. Form of Attachment and Summons and Bond See Presidents Folio p. 162. B Bakers TO have a distinct mark for Bread Folio p 8. s. 1 To make Bread of due assâ—ze on penalty ib To Assize all Bread used in their Houses on penalty Folio p. 9. s. 2. Ballast Not to be taken from any shore without leave on penalty Folio p. 9. Not to be cast into a channel c. on penalty ibid. Barratry What and how punished Folio p. 9. Benevolence When to be granted Folio p. 9. s. 1 To publick uses to be rightly improved ibid Bills Assigned good to the Assignee in case Folio p. 10. Pond-slavery Not allowed but servitude declared Folio p. 1â— Bounds of Towns and Persons To be laid out in twelve moneths after the Graunt Folio p. 10. s. 1. Marks once in three years to be reniewed when on penalty of neglect ibid Charges of perambulation how to be paid ibid. Particular Pounds to be viewed once a year on penalty Folio p. 10. s. 2 Brewers What persons to be allowed Folio p. 11 Penalty on sale of bad Beer ibid Breach of the Peace What the penalty who may punish the rules of punishment Folio p. 11. s. 1 Detainers of possession after Execution are breakers of the peace and Criminal offenders Folio s. 2 To be punished by the Court that gave Judgement ibid Bridges Defective by whom to be regulated Folio p. 12. s. 1 By whom the charge to be defrayed ibid. fee more Folio s. 3. Burglary and Theft What how punished Folio p 12 s 1 On the Lords day how punished ibid In Orchards c. how punished Folio p 13 s 2 Stealing â—0 s. and upward how punished Folio s 3 Concealers of Theft and taking private satisfaction the penalty ibid C Capital Laws SEE Folio p 14 15 Firing a Dwelling House c. see firing Folio p 51 s 2 Heresie Folio p 60 s 2 Quakers Folio p 61 s 9 Jesuites Folio p 67 Cask and Cooper Gager Packer Cask That are tight to be of London assize Folio p 16 s 1 Cask To be marked with the Gagers mark ibid. Cask That are defective forfeited to the informer ibid Cask Penalty to the Country besides ibid Coopers To have a distinct Brand-mark on penalty ibid Coopers To make all cask of good Timber c. and no other on penalty ib. Gager To Gage all cask for Liquor Beef c. and no other on penalty ibid Gager His Fees for Gaging ibid Packers To pack no Beef c. but in cask of full assize on penalty ibid Packers To see Meat Fish truly packed Folio s 2 Packers His Fees for Packing ibid p 17 Packers For viewing ibid Packers Fishor Flesh sold not marked forfeited ibid Coopersstaves See Pipestaves Cattle Corn-fields Fences Cattle that feed without a Keeper to be Branded Folio p 18 s 3 Not marked trespassing to pay double damage ibid Vnruly not to go without Fetters ibid Trespassing damage to be viewed by two of the Town and judged ibid Owners when known to pay the damage Rules to issue such damage the damage secured ibid Goats Found damage feizant to be secured ibid Doing trespass to any through their own default no damage to be paid ibid All harms by them the Owners to pay double damage Folio p 18 s 4 Corn-fields Lying in common to be fenced by the owners Folio p 17 s 1 No Cattle to be put in while Corn there ibid Who may determine differences about them ib Any Occupier may Fence in several Folio s 2 Partition Fences how to be made and ordered Folio p 19 s 7 Proviso for House-Lot under ten Acres ibid Where insufficient no damage except c. ibid Folio p 20. S 8 Cattle Damaging Indians Corn to be made good in case See Indians Folio p 76 s 7 Damage by Indians to be made good by them ibid p 77 Indians refusing to Fence help being tendred them shall have no damage ibid Indians who have Land given them or Purchased by them for Plantation to be fenced at their own charge ibid Charges Publick No person to be employed in publick service at their own charge Folio p 22 s 1 Every Inhabitant to bear publick charge in Church and Common-weal Folio s 2 Any not paying their full proportion compellable thereunto ibid Country Rates Lands and Estates Ratable where they lye persons where they dwell ibid To be leavied by Warrant from the Treasurer Folio P 23 S 3 To be made in the sixth moneth ibid Who and what is ratable ibid Rules for Assessments ibid To be paid where persons are Assessed ibid To be paid in Corn at price set by the General Court or Commissioners mentioned Folio p 4 s 6 What is meant by publ assessment ibid. p 25 Goods tendred for pay to be prized on the place if not determined by Law Folio p 26 s 6 Ministers Ordained free from all Taxes except c. Folio p 26 s 7 Children Youth Youth under 21 years of age being trusted by any without order in writing such persons shall lose their Debt Folio p â—7 S 4. Incurring any penalties such as are occasions thereof shall pay it ibid Children Orphans in minority not to be disposed off but by Authority except in Marriage Folio p 28 s 6 The minority of women in case of Marriage ibid. Under 14 years of age prophaning the Sabbath how punished See Sabbath Folio p 132 s 2 Chyrurgeons Midwives Phisitians Not to use any violence or force in their practise in any case without consent Folio P 28 Clerk of the Writts Clerks To keep Records of the Towns Brand-mark See Corn-fields Folio p 18 s 3 To grant Summons Attachments c. see Clerk of Writts P 29 s 1 His fees ibid To Record Horses shipt off See Horses Folio s 1 His fees ibid To Record Births Deaths and Marriages See Records Folio P 129 s 2 To make a return of the same yearly to Clerks of County Courts on penalty ibid To keep a Toll-book to enter all Cattle sold into See Tolling Folio P 147 Of Deputies To keep on file the Constables returns of Deputies See Deputies
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
Court and the Authority thereof that all Gifts and Legacies given and bequeathed to the Colledge Gifts and Legacies to be faithfully disposed of Schools of Learning or any other Publick use shall be truely and faithfully disposed of according to the true and declared intent of the Donors And all and every Person or Persons betrusted to receive or improve any such Guifts or Legacies shall be liable from time to time to give account of their disposal and management thereof to the County Court of that Shire where they dwell and where such Estate shall lye who are hereby impowred to require the same where need shall be and to appoint Feoffes of trust to settle and manage the same according to the will of the Donors BILLS IT is Ordered by the Authority of this Court That any debt or debts due upon bill or other specialty assigned to another Bills Assigned good debt to the Assignee shall be as good a debt and estate to the Assignee as it was to the Assigner at the time of its assignation And that it shall be lawfull for the said Assignee to sue for and recover the said debt due upon bill and so assigned as fully as the originall Creditor might have done Provided the said Assignement be made upon the back-side of the bill or specialty 1647. BOND-SLAVERY IT is Ordered by this Court and the Authority thereof That there shall never be any Bondslavery No Bond-slavery Villenage or Captivity amongst us unless it be lawful Captives taken in just Wars as willingly sell themselves or are sold to us and such shall have the liberties and Christian usage which the Law of God established in Israel concerning such persons doth morally require Provided this exempts none from servitude who shall be judged thereto by Authority 1641. Bounds of Towns and Persons FOrasmuch as the Bounds of Towns and of the Lands of particular persons are carefully to be maintained and not without great danger to be removed by any which notwithstanding by deficiency and decay of marks may at unawares be done whereby great jealousies of persons trouble in Towns and incumbrances in Courts do often arise which by due care and means might be prevented Town Bounds to be laid out once in one year It is therefore Ordered by this Court and the Authority thereof that every Town shall set out their Bounds within twelve months after their Bounds are granted and that when their Bounds are once set out once in three years three or more persons of a Town appointed by the Select men To be surveyed within 3 year shall appoint with the adjacent Towns to go the Bounds betwixt their said Townes and renew their marks which marks shall be a great heap of stones or a Trench of six foot long and two foot broad the most ancient Town to give notice of the time and place of meeting for this perambulation which time shall be in the first or second month upon pain of five pounds for every Town that shall neglect the same Provided that the three men appointed for perambulation shall go in their several quarters by order of the Select men and at the charge of the several Towns Particular persons bounds to be surveyed once a year 2. And it is further Ordered that if any particular proprietor of Lands lying in common with others shall refuse to go the Bounds betwixt his Land and other mens once a Year in the first or second month being requested thereunto upon one weeks warning he shall forfeit for every day so neglecting ten shillings half to the party moving thereto the other half to the Town 1651. BREWERS TO the end no other but good and wholsome Beer be Brewed at any time in this Jurisdiction to be sold for the supply of Ship or other Vessels at Sea and that no oppression or wrong be done to any in this Mystery It is Ordered by this Court and the Authority thereof That no person whatsoever shall henceforth undertake the calling or work of Brewing Beer for sale but only such as are known to have sufficient skill and knowledge in the Art or Mystery of a Brewer Brewers to maâ—â— satisfaction for bad Beer And it is further Ordered that if any undertaker for victualling of Ships or other Vessels or Master or owner of any such Vessel or any other person shall make it appear that any Beer bought of any person within this Jurisdiction doth prove unfit unwholsome and unseless for their supply either through the insufficiency of the Mault or Brewing or unwholsome Cask the person wronged thereby shall be and is hereby enabled to recover equal and sufficient damage by Action against the person that put that Beer to Sale Breach of the Peace FOr the better preserving of Peace and every mans Liberty and Safety in this Jurisdiction Breach of Peâ—â—â— and to the end that all Fighting and Quarrelling and Disturbance may be avoided It is by this Court Ordered and by the Authority thereof Enacted that no person shall beat hurt or strike any other person upon penalty of paying to the party stricken by fine to the County where the Offence is committed or both such sum or sums as the County Court Magistrate Commissioner or Associate that take cognizance thereof shall determine and because in this case several circumstances may alter the degree of the offence as who do smite who is smitten with what Instrument the danger of the wound more or less time place and provocation and other the like it is left to the discretion of the Judges aforesaid upon hearing and consideration to impose such penalty or penalties as in their discretion shall seem just equal and proportionable to the merit of the offence Judgement for Title of House or Land Judgement for Title of House or Land IT is Declared and Ordered by this Court and the Authority thereof That where a Judgement is given in any Court for any person of House or Land upon the trial of the Title thereof if the person against whom the Judgement is given doth either forcibly keep possession thereof still after execution served or enter upon it again and so retain possession by force he shall be counted a high offender against the Law and breaker of the publick peace therefore speedily to redress such a criminal offence every Magistrate is impowred and by his place hath power to give warrant and command to the Marshall Officers and other men whom he thinks meet to be imployed in the business the Marshall also requiring aid greater or lesser as need requires and suppress the force and give possession to the owner and to imprison such as do appear to be Delinquents and their aiders and abettors to be forth coming at the next Court that did give the Judgement in the case there to make their Answer and whom the Court doth finde guilty to set such fine or other punishment upon them as the merit of their several
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
is Ordered that the Secretary at the request of all such as are admitted to the freedome of this Colony or any in their behalf Freemens names to be Recorded give a true copy out of this Courts Records of their Names by them to be delivered to the Clerks or Recorders of those Courts in the several Counties to which they do belong with a copy of the Oath of Freemen as it is now stated that they may there take their Oathes c. 1666. Courts Ajournments VVHereas through the extremity of the seasons in this Country or other accidents that often happen that Courts of Justice are sometimes put by to the great prejudico of Justice This Court doth therefore Order that henceforth it shall be in the power of any one or more of the Magistrates being present at the time and place where the Court is to be kept to Adjourne the said Court to some more convenient time as though the whole Court had been met Courts Ajournments and all Jury-men Witnesses and Parties summoned to attend the Court either in Civil or Criminal Cases according to their respective Summons Obligations Attachments or other Process are hereby bound to such Ajournments and all proceedings to remain in force as though the ordinary course of time had been attended 1661. CRVELTY IT is Ordered by this Court Cruelty That no man shall exercise any Tyranny or Cruelty towards any Bruit Creatures which are usually kept for the use of Man 1641. Death Vntimely Untimely death to be inquired by a Jury IT is Ordered by this Court and the Authority thereof that whensoever any Person shall come to any suddain untimely or unnatural death some Assistant or the Constable of the Town shall forthwith Summon a Jury of twelve discreet Men to inquire of the cause and manner of their Death who shall present a true verdict thereof to some near Assistant or the next County Court upon their Oath 1641. DEBTS by BOOK ON Complaint and consideration of sundry Inconveniences both to Creators and Debtors through want of seasonable examination and ballancing of Book-accompts It is Ordered and by this Court Enacted that all such Book-debts as are now standing out or that hereafter shall be made and that shall not within three years after publication hereof Book debts to be Ballance within 3 years or within three years after such debt as hereafter shall be made be accounted for or ballanced with the Original Debtor or his Attorney Agent Assigne or other lawful Successor or Substitute and on Accompt or Ballance thereof assured by Specialty given for it or witnessed by subscribing the Debtor or other Accomptants Name to the Creditors Book or Subscription of the Witnesses to such Accompt shall not be pleadable in any Court unless such Book-debt shall within the time before limited be prosecuted or proved in such Court as hath proper cognizance thereof by Evidence competent and approved by the said Court And the Evidence there Recorded and the Record thereof shall secure thae Creditor his Executors and Assignes unless the Debtor or his Assignes shall disprove the same within one year after such proof made or recovery of the said Debt if such Debtor his or her Agent Attorney Assigne Substitute Executor Administrator or other lawful successor be or shall be within this Jurisdiction or elsewhere and have due notice from the Creditor thereof Deputies for the General Court Deputies chosen by paper IT is Ordered by this Court and the Authority hereof that henceforth it shall be lawful for the Freemen of every Town to chuse by Papers Deputies for the General Court who have liberty to meet together to confer and prepare such publick business as by them shall be thought fit to be considered of at the next General Court Their power who also shall have the full power of all the Freemen deputed to them for the making and establishing of Laws granting Lands and to deal in all other affaires of the Common-wealth wherein the Freemen have to do the matter of Election of Magistrates and other Officers onely excepted wherein every Freeman is to give in his Vote Provided that no Town shall send more then two Deputies and no Town that hath not to the number of twenty Freemen shall send more then one Deputy Number of Deputies to be sent from particular Towns and such Plantations as have not ten Freemen shall fend none but such Freemen may Vote with the next Town in the choice of their Deputies till this Court take further Order And all Towns that have not more then thirty Freemen A. 53. shall be at liberty of sending or not sending Deputies to the General Court 1636. 38. 53. Liberty to chuse Deputies dwelling any where in this Jurisdiction 2. And the Free men of any shire or town have liberty to choose such Deputies for the Generall Court either in their own shire Town or else where as they judge fittest so be it they be Freemen and Inhabiting this Jurisdiction Deputies may order their own house And when the Deputies for the several Towns are met together at any General Court it shall be lawful for them or the major part of them to hear and determine any difference that may arise about the Election of any of their Members and to order what may concern the well ordering of their body And because we cannot foresee what variety and weight of occasions may fall into future consideration and what Counsels we may stand in need of It is Ordered that the Deputies of the General Court shall not at any time be stated and continued but from Court to Court No Deputies to hold longer then one year or at most but for a year that the Country may have an annual liberty to do in that case what is most behoofful for the welfare thereof 1641. 34. 35. A. 54. p. 3. Deputies to be Orthodox And it is further Ordered that no man although a Freeman shall be accepted as a Deputy in the General Court that is unsound in Judgement concerning the main points of Christian Religion as they have been held forth and acknowledged by the generality of the Protestant Orthodox Writers or that is scandalous in his conversation or that is unfaithful to this Government And it is further Ordered that it shall not be lawful for any Freeman to make choice of any such person as aforesaid that is known to himself to be under such offence or offences specified upon pain or penalty of five pounds and the Cases of such persons to be tried by the whole General Court 1654. And henceforth the Constables of each Town shall return the name of the person or persons chosen by the Freemen to be Deputies for the General Court and the time for which they are chosen Constable to return who â—re chosen Deputies and for what time whether for the first Session or for the whole year And every Constable that
Court Provided alwayes it occasion not the pulling down of any Mans House or laying open any Garden or Orchard and in Common Grounds or where the Soyle is wet myrie or very rocky shall lay out such High-wayes the wider viz. six eight ten or more Rods. Satisfaction to be given proprietor Provided that if any Man be thereby damaged in his improved Ground the Town shall make him reasonable satisfaction by estimation of those that laid out the same and if such persons deputed cannot agree it shall be referred unto the County Court of the Shire who shall have power to heat and determine the Case And if any person finde himself justly grieved with any act or thing done by the persons deputed aforesaid he may Appeal to the County Court aforesaid but if he be found to complain without cause he shall surely pay all charges of the parties and Court during that Action and also be fined to the Country as the Court shall adjudge 1639. Private wayes in Towns 2. It is Ordered and Declared by this Court That the Select Townsmen of every Town have power to lay out by themselves or others particular and private wayes concerning their own Town only so as no damage be done to any man without due recompence to be given by the judgement of the said Select men Private wayes in Townâ— and one or two chosen by the said Select men and one or two chosen by the party and if any person shall finde himself justly grieved he may Appeal to the next County Court of that Shire who shall do justice therein as in other Cases 1642. Incumbrance in High-wayes to be removed 3. Vpon information that divers High-wayes are much annoyed and incumbred by Gates and Rails erected upon them It is Ordered by the Authority of this Court That upon any information or complaint made to any County Court or to any Magistrate of any such Gates or Rails erected or to be erected upon any Common High-way the said Court or Magistrate shall appoint a Committee of discreet and indifferent men to view such incumbrance and to Order the reformation thereof And if the parties whom it shall concern shall not submit to such Orders they shall require them to appear at the next Court of that Shire and also shall certifie the incumbrance found and Order by them made under their hands unto the said Court or appear in person to prosecute the cause where it shall be heard and determined for ease and conveniency of Travellers with due respect to the Proprietors cost and damage but no person shall stand charged with the repair of common High-wayes through his own Ground 1647. HORSES MARES IT is Ordered by this Court and Authority thereof L. 2. p. 11. That no Master or Commander of any Ship or Barque shall receive on board his Ship or Vessel any Horse Gelding or Mare but such as shall be entred into a Book with the colour particular marks and age as near as may be known and person of whom such Horse was last bought Horses to be transported to be entred in a Book and proof by Witness or Oath that he was the true owner thereof to be kept by the Clerks of the Writs in all their Towns who are hereby Authorized to view all such as shall be shipped and for every Horse so entred there shall be paid to the said Officers by the Owner or Merchant of such Horse six pence a piece And every Commander or Master of any Vessel who shall take on board any other Horse or Mare except such as he shall receive a Note under the hand of the said Clerk and be entred as aforesaid Penalty shall for every such offence forfeit the Sum of forty shillings to the Informer and forty shillings to the Treasury 1649. No Horsâ—â— to 〈◊〉 sold to Indians It is Ordered that no person shall under any pretence sell or any way dispose any Horse Mare or Colt to any Indian upon the penalty of one hundred pounds 1655. VVHereas the Breed of Horses in the Country is utterly spoiled whereby that useful Creature will become a burthen which otherwise might be benificial and the occasion thereof is conceived to be through the smalness and badness of Stone Horses and Colts that run in Commons and Woods For prevention whereof This Court doth Order and Enact and be it Ordered and Enacted by the Authority hereof Order for the best improvment of stone Horses That no Stone Horse above two years old shall be suffered to go in Commons and Woods at liberty unless he be of comely proportion and sufficient stature not less then fourteen Hands high reckoning four Inches to a Handful and such a Horse to be viewed and allowed by the major part of the Select men of the Town where the owner lives And if any person or persons turn any Stone Horse upon the Commons or at liberty or in the Woods being not viewed and allowed as before he or they shall forfeit twenty shillings a Month for every Stone Horse running at liberty after he is a two years old which penalty is to be taken by Warrant of the Select Men and imployed to the Towns use and if the Select Men of any Town do neglect their duty in taking their fines and viewing such as are brought in according to this Law they shall forfeit twenty shillings to the County Treasury and this Law to be in force the first of October next 1668. Idle Persons VVHereas in the Law tit House of Correction Idle persons are particularly named as such as the Law intendeth should be committed to that House for Correction and Reformation This Court taking notice upon good information and sad complaints that there are some persons in this Jurisdiction that have Families to provide for who greatly neglect their Callings or mispend what they earn whereby their Families are in much want and are thereby exposed to suffer and to need relief from others This Court for remedy of these great and unsufferable evils do Declare that by Idle persons mentioned in the recited Law such neglectors of their Families are comprehended amonst the rest and that in a special manner 1668. Constable to take notice of Idle persons IT is Ordered that no person House-holder or other shall spend his time Idely or unprofitably under pain of such punishment as the County Court shall think meet to inflict And the Constables of every Town are required to use special care to take notice of Offenders in this kinde especially of common Coasters unprofitable Fowlers and Tobacco takers and present the same to the next Magistrate who is hereby impowred to hear and determine the cause or transfer it to the next Court. 1633. JESVITES THis Court taking into consideration the great Wars Combustions and Divisions which are this day in Europe and that the same are observed to be raised and fomented chiefly by the secret underminings and solicitations of
wayes give sell barter or otherwise dispose of any Boat Skiffe or any greater Vessel unto any Indian or Indians whatsoever under the penalty of fifty pounds to be paid to the Country Treasurer for every such Vessel so sold or disposed as aforesaid 1656. 7. L. 1. p. 23. It is Ordered by this Court That in all places within this Jurisdiction the English shall keep their Cattle from destroying the Indians Corn Damage done to Indians in their Corn to be satissied in any ground where they have right to plant and if any of their Corn be destroyed for want of Fencing or Hearding the Town shall make satisfaction and shall have power among themselves to lay the charge where the occasion of the damage did arise Provided that the Indians shall make proof that the Cattle of such a Town Farm or Person did the damage And for incouragement of the Indians towards the Fencing in of their Corn-fields Help Ind Fence their Ground Such Towns Farms or Persons whose Cattle may annoy them that way shall Direct Assist and help them in felling of Trees riving and sharpning Rails and holing of Posts allowing one English-man to three or more Indians And shall also draw the fencing into place for them and allow one man a day or two towards the setting up the same and either lend or sell them Tools to finish it Provided that such Indians to whom the Country or any Town have given or shall give Ground to plant upon or shall purchase ground of the English shall Fence such their Corn Fields or Ground at their own charge as the English do or should do And if any Indian refuse to fence their Corn Ground being tendred help as aforesaid in the presence and hearing of sufficient witnesses they shall keep off all Cattle or lose their damages And it is also Ordered that if any harm be done at any time by the Indians unto the English in their Cattle Indians to pay for hurt done to Cattle the Governour or Deputy Governour with two of the Assistants or any three Magistrates or any County Court may order satisfaction according to Law and Justice 1640. 48. 8. Whereas one end in planting these parts was to propagate the true Religion unto the Indians and that divers of them are become subject to the English and have engaged themselves to be willing and ready to understand the Law of God Izwe to be publured to the indians It is therefore Ordered That such necessary and wholsome Laws which are in force and may be made from time to time to reduce them to civility of life shall be once a year if the times be safe made known to them by such fit persons as the General Court shall appoint 9. For the better Ordering and Governing the Indians subject to us A. 58. especially those of Natick and Punquepaog It is Ordered that whomsoever the Court shall appoint do take care that all such Indians do live according to our Laws as far as they are capable and to that end shall be Authorized to constitute and appoint Indian Commissioners in their several Plantations to hear and determine all such matters that do arise amongst themselves as one Magistrate may do amongst the English with Officers to execute all Commands and Warrants as Marshal and Constables Courts to be kept among the Indians And further they joyntly shall have the power of a County Court to hear and determine all causes arising among them the English Magistrate appointing the time and place of the Court and consenting to the determination or judgement and all other matters beyond their cognizance shall be issued and determined by the Court of Assiliants 10. And it is Ordered Powaws sorbâ—â—lden that no Indian shall at any time Powaw or perform outward worship to their salse Gods or to the Devil in any part of our Jurisdiction whether they be such as shall dwell here or shall come hither and if any shall transgress this Law the Powawer shall pay five pounds the procurer five pounds Towns to refirain Indians from prophaning the Sabbath and every other countenancing by his presence or otherwise being of age of discretion twenty shillings and every Town shall have power to restrain all Indians that shall come into their Towns from prophaning the Lords day 1633 37 40 41 42 46 48 56 57 58. VVHereas the sin of Drunkenness amongst the Indians doth much increase order to prevent Drunaenness in Indians notwithstanding the Laws provided against that crying sin This Court doth therefore Order that any person or persons that shall see know or finde any Indian with any strong Liquors Wine or strong Drink that such Indians have any way gotten without Order as the Law directs shall have power to seize the same Their strong-Liquor c. to be seized by any person and to deliver the said strong-Drink to the Constables of the Town or Place where such Indians are found with their persons to be conveyed before some Magistrate or Commissioner who have power to deal in such cases and such Indians as are found Drunk being apprehended and will not confess how or where they had the said Wine Liquors or strong Drink shall be secured or imprisoned until they make a just acknowledgement where they had their Drink asoresaid or committed to the House of Correction and there labour to discharge the charge of their provision Their accusation against persons to be evidence unless the party clear himself on Oath c. And if any such Indian do accuse any person for selling or delivering strong Drink unto them such Indian accusation shall be accounted valid against any such person accused except such persons shall clear themselves by taking their Oath to the contrary any Law or Custome to the contrary notwithstanding And it is also further Ordered that whatsoever Indian shall hereafter be taken Drunk If Drunk to pay ren shillings or be whipt with ten stripes c. shall pay the sum of ten shillings or else be whipt by laying on ten stripes according to the discretion of the Judge whether Magistrate or Commissioner who shall have cognizance of the case And in all Towns where no Magistrate or Commissioners are such Cases shall be judged by the Select men or major part of them 1666. Trade with Indians for peltry Amunition regulated IT is Ordered by this Court and the Authority thereof That henceforth every person that is or shall be allowed by the Treasurer of the Country to Trade Peltry or Skins with the Indians shall have liberty to sell unto any Indian or Indians not in Hostility with us or any of the English in New England Powder Shot Lead Guns i. e. Hand Guns Rapier or Sword blades Provided he or they pay unto the Country Treasurer every half year in money sixpence a pound for every pound of Powder sixpence for every ten pounds of Shot or Lead Every allowed
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
Usage or Custome to the contrary notwiâ—â—standing unless the Court that granted the Judgement shall see cause to give further time and respit of Execution in any particular case Swearing and Cursing IT is Ordered by this Court and Authority thereof That if any person within this Jurisdiction Swearing 10. s. shall Swear rashly or vainly by the Holy Name of God or other Oath he shall forfeit to the Common Treasury for every such offence ten shillings Swearing 10 s. and it shall be in the power of any Magistrate by warrant to the Constable to call such person before him and upon sufficient proof to sentence such offender and to give Order to leavie the fine and if such person be not able or shall refuse to pay the said fine or sit in stocks he shall be committed to the Stocks there to continue not exceeding three hours nor less then one hour 2. And if any person shall swear more Oaths then one at a time L. 2. p. 14. before he remove out of the Room or Company where he so Swears more Oaths then one 20 s. he shall then pay twenty shillings The like penalty shall be inflicted for Prophane and Wicked Cursing of any Person or Creature and for the multiplying the same as is appointed for prophane Swearing and in case any person so offending by multiplying Oaths or Cursing shall not pay his or their fines forthwith like penalty for Cursing they shall be whipt or committed to Prison till they shall pay the same at the discretion of the Court or Magistrate that shall have cognizance thereof SWINE Select-men to make Orders to prevent harms by Swine IT is Ordered by this Court and the Authority thereof That every Town-ship within this Jurisdiction or the Select-men thereof are impowred and hereby required from time to time to make Orders for preventing all harms by Swine in Corn Meadows Pastures and Gardens as also all danger to Children or elder persons in any respects by Swine and to impose penalties according to their best discretion and to appoint one of their Inhabitants by Warrant under the hands of the Select-men or the Constable where no Select-men are to leavie such fines and penalties A. 1658. and if any person chosen to see the Execution of this Order shall neglect or refuse the same he shall forfeit five pounds the one half to the Town the other half to the party that accepts the place and performs his duty therein 2. And where Towns Border each upon other whose Orders it may be are various Damage to be paid according to the Town Ordere where it is done Satisfaction shall be made for harms done by Swine according to the Orders of the Town where the damage is done But if the Swine be Ringed and Yoaked or otherwise as the Orders of the Town to which they belong doth require then where no Fence is or that it be insufficient through which the Swine come to Trespass the Owner of the Land or Fence shall bear all damages No Fence no damage And it is hereby Declared That all Fences made of Stone Pales Rails Rivers Creeks or any other Fences which are allowed by such men as are appointed in the several Towns to view Fences to be sufficient against great Cattle A. 51. p. 4. shall be held and accounted sufficient against Swine Fences sufficient and all Swine breaking through such Fences shall be liable to make satisfaction for all Damages done 3. And if any Swine be Impounded for Damage done and there be kept three dayes No owners appearing Swine to be prized and that no person will own them then the party Damnified shall give notice to the two next Towns where any are within five miles Compass that such Swine are to be fold by an Out-cry within three dayes after such notice by the party Damnified and in case none will buy he shall cause them to be Apprized by two indifferent men one whereof shall be the Constable or one chosen by him signified under their hands in Writing and may keep them for his own use And in both cases if the Owner shall after appear the overplus according to the said valuation all Damages and Charges being paid shall forthwith be rendred to him And if any Town or Select-men shall neglect to take Order for preventing harms by Swine according to this Law more then one Moneth after publication hereof such Town or Select-men shall forfeit to the Treasury forty shillings for every Moneth so neglecting 1647 51 58. TILE-EARTH IT is Ordered by this Court That all Tile-Earth to make Sale Ware shall be Digged before the first of the ninth Moneth and turned over in the last and first Moneth ensueing a Moneth before it be Wrought upon pain of forfeiting one half part of all such Tiles as shall be otherwise made to the use of the Common Treasury 1647. TOBACCO IT is Ordered by this Court That no man shall take any Tobacco within twenty Poles of any House or so near as may indanger the same or near any Barn Corn or Hay-cock as may occasion the firing thereof upon pain of ten shillings for every such offence besides full Recompence of all Damages done by means thereof Nor shall any take Tobacco in any Inne or common Victual House except in a private Room there so as neither the Master of the said House nor any other Guest there shall take offence thereat which if any do then such person shall forthwith forbear upon pain of two shillings six pence for every such offence And all fines incurred by this Law the one half part shall be to the Informer the other to the Poor of the Town where the offence is done 1638 47. Tolling of Cattle FOr the prevention of Fellonious practises growing upon us by Stealing of Horse-kinde and other Neat Cattle and selling them as their own It is Ordered by this Court and the Authority thereof That there shall be a Toll-Book kept in every Town by the Clerk of the Writts wherein all Horse-kinde and other Cattle as aforesaid bought of any person shall be Entred with their Age Colour and Marks at the peril of the Buyer with the Name of the Seller and such Seller shall have two vouchers to Testifie the said Seller to be the proper Owner of such Horse-kinde or other Cattle so sold or in case of Horse-kinde or Cattle so sold shall be challenged by any other person the Vouchers in case of the escape of the Seller shall be liable to all damages that shall arise thereupon And the Clerk of the Writts shall have three pence of the Buyer for entring every such Horse-kinde or Neat Cattle And if any Horse-kinde or other Cattle as asforesaid so bought by any person be not Toll'd nor Sellers nor Vouchers found upon challenge of any such Cattle the said Buyer shall be liable to all Damages as the Felon himself should be were he present And
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
new be chosen or other Order taken Do here Swear that you will do equal Right and Justice in all Cases that shall come before you after your best skill and knowledge according to the Laws here established So help you God c. VVHeresoever any Three Men are deputed to end Small Causes the Constable of the place within one Moneth after shall return their Names to the next Magistrate who shall give Summons for them forthwith to appear before them who shall administer to them this Oath YOU A. B. being chosen and appointed to end small Causes not exceeding forty shillings value Three mens Oath according to the Laws of this Jurisdiction for this year ensueing Do here Swear by the living God that without favour or affection according to your best light you will true Judgement give and make in all the Causes that come before you So help you God c. Grand-â—pnies Oath YOU Swear by the Living God that you will diligently inquire and faithfully Present to this Court whatsoever you know to be a breach of any Law established in this Jurisdiction according to the minde of God And whatsoever Criminal Offences you apprehend fit to be here presented unless some necessary and Religious tye of Conscience truely grounded upon the Word of God binde you to secresie And whatsoever shall be legally committed by this Court to your Judgement you will return a true and just Verdict therein according to the Evidence given you and the Laws Established amongst us So help you God c. YOU Swear by the Living God that in the Cause or Causes now legally to be committed to you by this Court Petty-Juries Oath You will true Tryal make and just Verdict give therein according to the Evidence given you and the Laws of this Jurisdiction So help you God c. Oath of Life and Death YOU Do Swear by the Great Name of Almighty God that you will well and truely try and true deliverance make of such Prisoners at the Bar as you shall have in charge according to your Evidence So help you God c. Wiltnesses Oath YOU Swear by the Living God that the Evidence you shall give to this Court concerning the Cause now in question shall be the Truth the whole Truth and nothing but the Truth So help you God c. Vntimely Death YOU Swear by the Living God that you will truely present the Cause and manner of the Death of J. B. according to Evidence or the light of your Knowledge and Conscience So help you God c. The Form of the Oath to be Administred to the Sergeant-Majors of the several Regiments and so Mutatis Mutandis to the other Military Officers Sergeant Major other chief Officers Oath VVHereas you R. S. have been chosen to the Office of Sergeant Major of the Regiment in the County of M. for this present year and until another be chosen in your place You do here Swear by the Living God that by your best skil and ability you will faithfully discharge the trust committed to you according to such Commands and Directions as you shall from time to time upon all occasions receive from the Sergeant Major General by virtue of his Commission from the Court and according to the Laws and Orders by this Court Made and Established in this behalf So help you God c. Clerk of the Bands Oath YOU R. B. Swear truely to perform the Office of a Clerk of a Trained Band to the utmost of your Ability or Endeavours according to the particulars specified and peculiar to your Office in the Military Laws So help you God c. YOU shall faithfully Endeavour with all good Conscience to Discharge this trust committed to you Commissioners of the Martial Diâ—cipline Oath as you shall apprehend to Conduce most to the safety of this Common Wealth You shall not by any sinistre devices or for any partial respects or private ends do any thing to the hindrance of the effects of any good and seasonable Councils You shall appoint or remove no Officer by any partiality or for personal respects or other prejudice but according to the merit of the person in your apprehensions You shall faithfully endeavour to see that Martial Discipline may be strictly upholden not easing or burthening any otherwise then you shall judge to be just and equal You shall use your power over mens lives as the last and only means which in your best apprehentions shall be most for the publick safety in such case So help you God c. WHereas you E. G. are chosen Constable within the Town of C. for one year now following and until other be sworn in the place You do here Swear by the Name of Almighty God Constables Oath that you will carefully intend the preservation of the Peace the discovery and preventing all attempts against the same You shall duely execute all Warrants which shall be sent unto you from lawful Authority here Established and shall faithfully execute all such Orders of Court as are committed to your care And in all these things you shall deal seriously and faithfully while you shall be in Office without any sinistre respects of favour or displeasure So help you God c. VVHereas you J. G. are chosen an Officer for the Searching and Sealing of Leather within the Town where you now dwell Leather sealers Oath for the space of a year and till another be chosen and sworn in your room You do here Swear by the Everliving God that you will carefully and duely attend the Execution of your said Office with all faithfulness for the good of the Common-wealth according to the true intent of the Laws in such case provided So help you God c. Clerk of Markets Oath YOU C. D. here Swear by the Ever living God that you will from time to time faithfully execute your Office of Clerk of the Market in the Limits whereto you are appointed for the ensueing Year and till another be chosen and sworn in your place And that you will do therein impartially according to the Laws here established in all things to which your Office hath relation So help you God c. YOU S. S. do here Swear by the Ever living God that you will to your power faithfully execute the Office of a Searcher for this year ensueing Searchers Oath and till another be chosen and sworn in your place concerning all Goods prohibited and in special for Gun powder Shot Lead and Amunition and that you will diligently search all Vessels Carriâ—ges and Persons that you shall know suspect or be informed are about to transport or carry any thing out of this Jurisdiction contrary to Law And that you will impartially seize take and keep the same in your own Custody one half part whereof shall be for your service in the said place the other you shall forthwith deliver to the Treasurer All which Goods so
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
of treble damage in case ibid Cruelty Not allowed Folio P 39 D Vntimely Death THe enquiry how to be proceeded in Folio P. 39 Debts by Book To be ballanced in three years Folio P. 40 For custome of Wines c. recoverable by way of Action see Imposts Folio 68. 2. Defamation Of Courts or Magistrates punishable see Courts Folio 35. 6. By reproachful speeches in open Court ibid. Delinquents Summoned by Court or Magistrate to answer a Presentment or Crime not answering when call'd the penalty see Jurors Folio 87. 6 Deputies for the General Court Not to proceed to Judgement in any case without an Oath see Courts Folio 34. 1. to sit apart from the Magistrates act Folio 35. 2 No Deputy to depart without leave on penalty Folio 35. 3. Exemption for Deputies of Dover c. ibid. Miscarriages among them to be sentenced among themselves Folio 35. 6. How to be chosen see Deputies Folio 40. 1. Their power ibid May order their own House Folio 40. 2. To be chosen from Court to Court or at most but for a year Folio 41. 3. How to be qualified Folio 41. 4. Not to be absent the time of their sitting on penalty Folio 41 5. With the Constable may take in Proxies for Elections see Elections Folio 47. 2. Such Proxies to be sealed up and returned to the Court of Election ibid No Common Attorny to sit as Deputy see Deputies Folio 41. 5. Distresse For Rates Ordered see publ charges Folio 25. 4. On Corn or Hay c. to be secured on penalty see Distresse Folio p 41. Dowries What when to be set our to widows Folio p 42 In case of omission who may set it out ibid To be enjoyed enduring widows lives ibid Of Lands set out not to make strip wast ib Drovers Their liberty Folio p 42. E Ecclesiastical VVHo may gather Churches Folio 43. 1 How to be gathered ibid To have free exercise of all Ordinances Folio s. 3 To Elect and Ordain their Officers ibid. s. 4 To admit and dismiss Members c. ibid s 5 To have no humane injunctions imposed on them ibid s. 6. May celebrate dayes of Fasting c. ibid. s. 7 The Elders of Churches may meet about Church matters ibid. s. 8. May deal with their Members under the hand of Justice ibid. s. 9 May deal with their Members of any rank Folio 44. 10 Any Church member lyable to Justice ib. s. 11 No Church censure to degrade any Officer in civil imploy ibid Private meetings of Christians allowed Folio s. 1 2 Who may be constant Preachers and Ordained Elders ibid. s 14 No Ordination to proceed without notice given ibid Open opposers of the Word c. how to be proceeded with Folio 45.15 Penalty on disturbing the peace and order of Churches ibid. Who may call and ordain Ch. officers Folio 46.20 Elections Of Assistants yearly how to be determined Folio 47.1 Of Governour Deputy Governour Major General Treasurer Secretary Commissioners of the United Colonies how made ibid s. 2. Of Assistants how proceeded in ibid s. 13 Penalty of any failing in their trust ibid s. 3 Escheats What and how disposed Folio p 49 F Farms TO be of the same wherein they lye Folio p 49. Fairs and Markets Where and when Folio p 49 Ferries How to be regulated Folio 50.1 No Canoo to be used there on penalty ibid Weymouth Ferridge what ibid When to take double Ferridge ibid Paying no Rent to the Country to take no Ferridge of Magistrates Deputies c. ib. None to press into Ferry boats without leave ibid s. 2 No Ferry to suffer any to come into his Boat in case on penalty ibid Who shall be first transported in Ferry boats ibid Fees For Entring of Actions see Actions Folio 2.4 Additional Fees in case Folio 3 5. Of Clerk of Writts For Warrants Replevin Attachment Bond see Clerk of Writts Folio 28.1 For Recording Horses shipt off se horses Folio 65.1 For Recording Marriages se marriage Folio 101.2 Additional Fees in case ibid. For Recording Births and Deaths see Records Folio 130. s. 2. For Tolling Cattle see Cattle Folio p 147 Of Recorder and Clerk of County Court For filing Evidences c. see Records Folio 129.1 p 130 Of Commissioners Court of Boston See small Causes Folio 21.3 Marshals See Marshals Folio 103. s 4 5. Addition in case ibid Clerks of Troops See Military Folio 113.16 Fines To be presently paid secured or person committed Folio p 51 May be respited by Courts ibid In all Courts or by Magistrate or Commissioners for the Country to be notified to the Treasurer in 14 dayes ibid For Galloping in Boston what to County Treasurer see Galloping Folio P 57 For keeping Christmass and Gaming see Gaming Folio P 57 58. s 1 2. For playing at Cards and Dice ibid s 3. For bringing in Cards ibid s 4 For denying the Scriptures what to Country Treasurer see Heresie Folio 59.2 On Masters that bring in Quakers Folio 60.4 On persons receiving Quakers ibid For Vessels trading with Indians see Indians Folio 75.3 For trading with Indians to the Country Folio s. 4 For selling Boat or Vessels to Indians Folio 76.6 For insufficient Leather see Leather Folio 90. 5 s. From all persons in all cases to be paid to the Treas of the County where the party dwells except see Treasures Folio 151.3 Firing Burning Woods or Common Ground when unlaw ful on penalty Folio 51.1 When lawful ibid Any Frame Timber c. wittingly and willingly burnt the penalty ibid Any of 16 years of age firing a Barn c. how punished ibid s 2 A Dwelling House burnt how to be satisfied for ibid Fish Fishermen All Cullers of Fish to be sworn Folio 52.2 Sworn Cullers to be in all fishing places ibid All fish approved by them to be received ibid The Cullers Sallery by whom to be paid ib. What fish declared Merchantable ibid Liberty to cut Flakes regulated ibid s. 3 No Fish to be taken in spawning time on penalty ibid. s. 4 No Mackrel for salting to be kill'd till July on penalty of forfeiture ibid. S. 5 Fish salted with Tartudas salt and thereby spotted not Merchantable Folio p 54. s. 6 Forgery What and the penalty Folio p 54 Fornication What and the punishment Folio 54.1 By a Freeman further punished ibid. s 2 The reputed Father of a Bastard to maintain it Folio 55.3 Freemen May order Fences in Common fields where no Select men see Corn fields Folio 17.2 May determine differences in case ibid May by their Feoffes or Proxies appear on the day of Election see Courts Folio 35.3 To send their Deputies to Gener. Courts ib. Persons allowed by General Court for Freemen to be sworn by County Courts Folio 38.12 To nominate such as shall keep Courts in Counties with a Magistrate Folio 36.7 To give in their own Votes in Elections of Deputies see Deputies Folio P. 40. According to their number may send Deputies to General Court
equity ibid A special Jury to be summoned for life or banishment ibid. Grandjuries to be summoned yearly to attend the several Courts with their duty Folio s. 2 Every Grandjuror to be allowed 3. s. per diem ibid Grand and Pettyjuries may give in a special Verdict in case the determination whereof belongs to the Court Folio 87. 3. All Jurors in matter of Fact not finding the main issue may present what they finde ibid Any Jury or Juror may in open Court advise with any person to resolve or direct them before Verdict ibid. s. 5. No Juror shall serve above one ordinary Court in a year except Grand jurors in cases of life and death ibid The Foreman of every Jury to deliver up all writings committed to them to the Clerk see Records Folio 129. 1. A Jury to be summoned in case of untimely death what to do and to whom to make return see untimely death Folio p. 39 L Lands free Lands All Lands granted or to be granted to English Plantations or Persons by General Court to be accounted the right of such English see Indians Folio 74. 1. Any person buying Land of any Indian without licence of General Court forfeited Folio s. 2 Graunts of Lands from Indians on tearm of years without licence forfeitable as if bought ibid. All our Lands and Heretages free from all licenses upon Alienations c. see Lands Folio p. 88. Any persons may purchase Lands of Indians where Mines are discovered see Mines Folio 116. 1. Leather Raw Hides not to be transported on forfeiture see Hides Folio 63. 1. Brought from beyond Seas transportable ib. To be preserved from corrupting on penalty ibid. s. 2. No Butcher Currier or Shoo-maker to exercise Tanning on penalty see Leather Folio 88. 1 No Tanner to be a Butcher c. ibid Gashing Hides in taking off penalty ibid Any Tanner putting to sale Leather insufficiently Tanned c. forfeited Folio 89. 2. Tan Fat 's set in Tan hills c. the penalty ib Curriers duty with the penalty of neglect ibid. s. 3. Searchers of Leather To be sworn their duty and power ibid. s. 4. Neglect of their duty the penalty ibid How to dispose of insufficient Leather seized by them Folio 90. 5 Liberties Common Every person may freely Fish or Fowl in any Pond c. unless otherwise appointed c Folio 90. 2. No man shall come on anothers propriety without his leave and as in said Law expressed ibid Lying Any Person of the age of 14 years making a lye their punishment stock fine or whipping to the fourth offence Folio p. 91. Persons under age for lying to be punished by their Parents ibid M Magistrates GOvernour Deputy Governour and five Magistrates may order and direct for removing obstructions referring to the Execution of Imposts see Imposts Folio 7. 12 Three Magistrates may keep a County Court see Courts Folio 36. 7. May order satisfaction for damage done by Indians to the Cattle of English see Indians Folio 76. 7. With Select men may place out unruly Children see Children Folio 26. 1. May dispose of Orphans to service Folio 28. 6. May punish Inkeepers for neglect of giving accompt of draught of Beer See Imposts Folio 70. 4. Two Magistrates may punish Indian Traders allowed for not giving a true accompt and payment to the Treasurer see Indians Folio 78. 12. Consenting to an Assignment of a servant is good see Masters Folio 105. 7. May out of Court dispose of and settle poor persons see Poor Folio 123. 1. May grant Licence to export Powder See Powder Folio 126. 2. May appoint Surveyors of Ships to be built See Ships Folio 138. 1. May take Order about Strangers see Strangers Folio p. 134 With the Clerk of Court may take the acknowledgement of a Judgement See Courts Folio 36.7 One Magistrate May punish breach of the peace see Breach of the Peace Folio 11. 1. May suppress a forceable detaining possession after Execution ibid. s. 2 May give Possession ibid May imprison the detainer and abettors by Warrant to the Marshal ibid May give Oath to Clerk of Markets see Bakers Folio 8. 1. May presse Workmen to repair defective Bridges see Bridges Folio 12. 3. May punish for Pilfring under 40. s. See Burglary Folio 13. 2. To return the Cases he issues to County Court ibid May punish Corporally in case ibid May give Warrant to search for stollen Goods ibid May proceed with any suspected according to Law Folio p. 14 May give Gagers of Cask and Packers an Oath see Cask Folio 16. 1. May punish any for taking Cattle to use without leave when and how see Cattle Folio 19. 5. May end small Causes under 40. s. See Causes Folio 20. 1. May sit in a Court with the Commissioners of Boston Folio 21. 3. May punish unruly Children see Children Folio 27. 2. May punish any person entertaining Children c. ibid. s. 3. May dispose of Offenders brought before him see Constable Folio 31. 2. May punish any that refuse to aid a Constable ibid. s. 5. May commit to Prison any that refuse to make acknowledgement of a Deed c. see Conveyance Folio 32. 4. May adjourn a Court in case see Courts adjournments Folio p. 38. May Summon a Jury on untimely death see Vntimely death Folio p. 39. May deal with open opposers of the Word c. see Ecclesiastical Folio 44. 15. May punish persons for absenting from publick Worship on the Sabbath Folio 45. 16. One or two to be present at opening Votes for Nomination of Magistrates see Elections Folio 47. 3. May commit any person suspected for firing a house c. see Firing Folio 51. 2. May punish such as kill Mackrel before July see Fish Folio 54. 5. May punish for Galloping in Boston streets see Galloping Folio p. 57. May punish Gaming or Dancing in Ordinaries see Gaming Folio 57. 1. May dispose of Cards and Dice brought in voluntarily ibid. s. 4 May commit to Prison any who wittingly and willingly deny the Scripture see Heresie Folio 59. 2. May by Warrant exact fines on Masters that bring in Quakers and take security to carry them away Folio 60. 4 May appoint men to view High-wayes on complaint see High-wayes Folio 65. 3. May punish or binde over Idle persons to the Court see Idle Persons Folio 66. 1. May commit or bind over to Court of Assistants any suspected to be a Jesuite see Iesuites Folio p. 67. May fine any refusing to assist the Custome Master see Impost Folio 68. 2 With the overseers of a work may Impresse workmen in the next Towns and set wages see Impresses Folio 73. 1. May fine or punish a Drunken Indian see Indians Folio 78. 11 May punish any that brew not Beer according to Law see Inkeepers Folio 80. 2. May punish Retailers of Strong-waters or private House-keepers for permitting Tipling Folio p. 81 82. s. 7 8. May determine all offences against that Law Folio 83. 13 May punish wanton and rude singing in
persons and Inmates Folio s. 3 May impose fines on any resusing to serve as Constables ibid. s. 5 Who in them may have priviledge of Commonage for Wood Folio 149. 6 To pay 10. s. for every Wolf kill'd by English see Wolves Folio 160. 3. Select mens Duty and Power To Assess persons for their Garb see Apparel Folio 5. 1. To appoint persons to view Town bounds see Bounds Folio p. 10 To order Fences in Common fields in case see Corn-fields Folio 17. 2. To make Orders to repair Fences general and particular under 100 Acres Folio 19. 6. And to impose fines ibid Not to neglect making such Orders on penalty to the Town ibid To order repairs of Fences on the Owners neglect ibid To give Warrant to the Constable to levy double damages in case ibid. To try Causes and grant Executions in case see Causes Folio 21. 2. To make Country Rates see Charges Publ. Folio 23. 3. To Assess Strangers any Moneth Folio 25. 3. To see to the Education of Youth on penalty see Children Folio 26. 1 To place out unruly Children ibid The major part may approve the marriage of Orphans Folio 28. 6. To Assess for Ministers maintenance see Ecclesiastical Folio 48. 5. To receive of the County Treasurer fines imposed on Quakers c. and to improve them see Elections Folio 48. 5 To lay out private High-wayes see High-wayes Folio 64. 2 To give recompence to any damaged by such Wayes laid out ibid. p. 65 To approve such Stone horses as go on Commons see Horses Folio 65. 2. To levy the penalty by Warrant for the Towns use ib. p. 66 The penalty of Select-mens neglect ibid With the Collector of Customes to rate persons in case see Imposts Folio 71. 7 Where no Magistrate or Commissioners are may punish Indians for Drunkeness see Indians Folio 77. 11 To approve of persons to keep Ordinaries c. see Inkeepers Folio 79. 1. Where no Magistrate or Commissioners are may commit a drunken person to Prison or punish according to Law see Inkeepers Folio 81. 5. To prohibit persons from publick houses c in case Folio 85. 19. To receive a third part of all Leather and Shoos seized see Leather Folio 90. 5. To Assess the Town for mounting Artillery c. see Military Folio 110. 11. To Assess for Towns stock of Powder c. Folio 112. 15 To crayē the help of County Courts against persons obtrudeing the Town see Poor Folio p. 123. To provide for Poor settled by County Court ibid To allow Porters and set their Wages see Porters Folio p. 124. To provide materials for work in the House of Correction see Prison Folio 127. 3. May punish Prophaners of the Sabbath Folio 132. 1. To make Orders to produce Salt-peeter see Salt-peeter Folio p. 135. To impose fines on any neglecting their Orders ibid. To chuse and allow an Officer an annual stipend to execute their Orders ibid To provide for School-masters maintenance see Schools Folio 136. 1 Not to admit or suffer a Hetrodox or Scandalous Schoolmaster ibid. s. 3. To appoint the place where self-murderers shall be buried see Self-murder Folio p. 137. To make Orders for clearing Commons for Sheep see Sheep Folio 137. 1. May impose fines for putting Rams to flocks ibid. To order spinning in their Towns see Spinning Folio p. 141 To make Orders about Swine see Swine Folio p. 145 to manage the Prudential affairs of the Town according to instructions in writing see Townships Folio 148. 2. To require Constables to levy fines on such as refuse to serve as Constables ibid. s. 5. With two Magistrates may put Children forth to service Folio 149. 8. May order and dispose Constables Watches see Watches Folio p. 154 With the Constable to chuse a Sealer of Weights and Measures see Weights Folio 155. 1. To appoint Measurers of Corn Wood or Board Folio 156. 2. To cut off the Ears of Wolves they pay for to Indians for the Country see Wolves Folio p. 160. Treasurers To issue forth Warrants for Assessment yearly see Charges Publick Folio 23. 3 For levying the same ibid To pay to the Constable Charges of bringing Rates ibid May distrein the goods of Constable or any other person in case Folio 25. 4. To pay 100. l. per Annum to the Colledge see Colledge Folio 30. 2. To pay charge of Hue and Cry in case see Constable Folio 32. 7. To pay for Victuals and Vessells Impressed see Council Folio p. 34. To pay charge of Elders meetings when imployed by the Courts Order see Ecclesiasticall Folio p. 44. 13. To pay the Secretary for writtings see Seal-Publick Folio p. 136 To keep Accounts of all transactions belonging to his Office as Debts Dues c. see Treasurers Folio 150. 1. To make no payments but by some Law or Order ibid. His allowance Folio 151. 4. To give Account once a year to the General Court ibid. To provide Weights measures as Standards see Weights Folio 155. 1. To Seal Town Standards ibid. To pay the charge of Witnesses in Criminals see Witnesses Folio 159.3 To pay for every Wolfe killed 10 s. see Wolves Folio p. 159. County Treasurer To pay for Hue and Cry in case see Constable Folio 32. 7. To pay to Select men in Towns all Fines of Delinquent Quakers see Elect. Folio 48. 5. To give Warrant to the Marshal to Levy Fines Folio p. 51. To receive Fines for Select mens neglect of the Law title Horses Folio 67. 2 To pay for Poor in case see Poor Folio p. 123. To be chosen Annually time when manner how see Treasurers Folio 150. 2. No Clerk of Court to be Treasurer ibid. May give Warrant to Marshalls or Constables to Levy Fines Folio 151. 4 His Allowance ibid To have the same Power in his place as the Country Treasurer Folio 151. 5 To return to County Courts the names of Constables not clearing their Accompts ibid To pay twenty shillings so every Wolf kil'd by English see Wolves ibid. s. 3. Tryalls Any Person against whom Judgment hath past in Civil Actions may have a new tryal on Review in case Folio 152. 1. Plantiffe Defendant agreeing may have their Case tryed by Bench or Bench and Jury except ibid. s. 2. Every Delinquent hath liberty of a Jury ibid. s. 3. Challenge may be made against Jurors by Plaintiff or Defendant if found just others to be impanelled ibid. What persons may have allowance in any case ibid. s. 4. V Vagabonds BEing Apprehended how to be proceeded with Folio p. 152. Vexatious suits How punished see Actions Folio 8. 3. Votes When persons are capable of Voting see Ability Folio 1. 1. None to Vote in Elections but Freemen on penalty see Elections Folio 47. 1. Every person called to Vote in any Court c. may act according to his own Judgement see Votes Folio p. 153 Neuters to be taken in the Negative ib. Who may put matters to Vote the President refusing ibid The Governour to have a casting Vote
c. And it is hereby Ordered That no person shall ship or transport any Hides whatsoever out of this Jurisdiction without license from the person so Authorized upon penalty of loosing of such Hides so shipped nor shall any Master Purser or any other person belonging to any Ship or Vessel within this Colony receive on Board any Raw or Ruffe Hides without a Note or Ticket from the person so appointed first appearing upon the penalty of paying ten shillings for every Hide so shipped And such person Authorized as abovesaid shall have power by himself or whom he shall appoint to make search in any Ship or Cask wherein they suspect any Hides to be Laden contrary to this Order and shall make seizure thereof and the penalties and forfeitures above-mentioned shall be the one third to the seizer one third to the Country and one third to the Town from whence such Hides are shipt And it is further Ordered that the persons chosen as abovesaid shall be sworn to a faithful discharge of their duty herein INDIANS PORK WHereas the Indians that border upon the English Towns within this Jurisdiction do frequently sell Pork to the English and there is ground to suspect that some of the Indians do steal and sell the English mens Swine For prevention whereof This Court doth Order and Enact That all English men do henceforth mark their Swine with some Ear-mark or if they neglect the same it shall be reckoned as the loss of their propriety in them And it is further Ordered That no Indian within this Jurisdiction shall mark any Swine upon the Ears and that all Indians who bring Pork unto the English to sell Order to prevent Indians stealing Englishmens Swine are required to bring with them the Swines Ears whole otherwise or if the ears be marked it is in the liberty of any person to seize upon such Pork tendred to fell and the same to be forfeited the one half to the Seizer the other half to the poor of the place where it is seized to be distributed by the Select-men to them And it is further Ordered That this Law be forthwith Printed Published and Declared to all the Indians within this Jurisdiction in the Indian Language that they may attend the same And this Law to take place and commence eight Moneths afrer publication hereof SCOLDES VVHereas there is no express punishment by any Law hitherto established affixed to the evil practise of sundry persons by Exorbitancy of the Tongue in Railing and Scolding It is therefore Ordered That all such persons convicted before any Court or Magistrate that hath proper cognizance of the case shall be Gagged Punishment for Railing or Scolding or set in a Ducking-stool and dipt over Head and Ears three times in some convenient place of fresh or salt-water as the Court or Magistrate shall Judge meet Whether S shipping Goods upon B to be delivered to R beyond the Sea the said R paying fraight and the said B upon his arrival at the Port tendring the said Goods to R Resolution of a Question as to Fraight and the said R refusing to meddle with the said Goods and to pay fraight whether the said B can recover his fraight for the said Goods of the said S the said Good being left in a safe hand by good advice by the said B or whether the said B ought not to have satisfied himself for his fraight out of the said Goods without molesting the said S The Court resolves this Question that S is not liable to pay fraight unto B but B to satisfie himself for the fraight out of the Goods Whether all Reviews are to be Entred and Prosecuted in that Court where the Action was at first commenced Where reviews are to be tryed The Court resolves the Question on the Affirmative Whether upon an Action of Review the Costs of former Courts where the Action hath been tryed shall be granted for whom Judgement is given The Court Resolves this on the Negative Whether the Law tit Possessions intend the confirmation of Land to the Possessor Possession according to Law gives title c. where the Graunt of the said Land was to another person and the Possessor nothing to show for the Allienation thereof but his Possession according to that Law The Court resolves this on the Affirmative FINIS
should take upon them the garb of Gentlemen by wearing Gold or Silver lace or Buttons or Points at their knees or to walk in great Boots or Women of the same rank to wear Silk or Tiffiny hoods or Scarfes which though allowable to persons of greater Estates or more liberal education yet we cannot but judge it intollerable in persons of such like condition It is therefore Ordered by this Court and the Authority thereof that no person within this Jurisdiction nor any of their relations depending upon them whose visible estates real and personal shall not exceed the true and indifferent value of two hundred pounds shall wear any Gold or Silver lace or Gold and Silver Buttons or any bone lace above two shillings per yard or silk hoods or scarfs upon the penalty of ten shillings for every such offence and every such delinquent to be presented by the Grand-jury And forasmuch as distinct and particular rules in this case suitable to the estate or quality of each person cannot easily be given It is further Ordered by the Authority aforesaid that the Select Men of every Town or the Major part of them are hereby enabled and required from time to time to have regard and take notice of Apparel of any of the Inhabitants of their severall Towns respectively and whosoever they shall judge to exceed their ranks and abilities in the costliness or fashion of their Apparel in any respect especially in the wearing of Ribbonds or great Boots Leather being so scarce a commodity in this Country Lace Points c. Silk Hoods or Scarfes the Select men aforesaid shall have power to assess such persons so offending in any of the particulars above mentioned in the Country Rates at two hundred pounds estates according to that proportion that such men use to pay to whom such Apparrel is suitable and allowed Provided this Law shall not extend to the restraint of any Magistrate or publick Officer of this Jurisdiction their Wives and Children who are left to their discretion in wearing of Apparel or any setled Military Officer or Souldier in the time of Military service or any other whose education and imployment have been above the ordinary degree or whose estate have been considerable though now decayed 1651. As an Addition to the Laws about Apparel WHereas excess in Apparel amongst us unbecoming a Wilderness-condition and the profession of the Gospel whereby the Rising Generation are in danger to be Corrupted and Effeminated which practises are witnessed against by the Laws of God and sundry Civil and Christian Nations It is therefore Ordered and Enacted by this Court and the Authority thereof Addition to the Law for Apparel That all persons within this Jurisdiction whether the Children or Servants that are under government in Families that shall wear any Apparel exceeding the quality and condition of their Persons or Estate or that is apparently contrary to the ends of Apparel and either of these to be so judged by the Grand-jury and County Court of that Shire where such complaint or presentment is made All such persons being Convicted shall for the first offence be Admonished for the second offence pay a fine of twenty shillings for the third offence forty shillings and so following as the offences are multiplied to pay forty shillings a time to the Treasury of that County Also if any Taylor shall make or fashion any Garment for such Children or Servants under government as aforesaid contrary to the mind and order of their Parents or Governours every such Taylor shall for the first offence be Admonished and for the second offence forfeit double the value of such Apparel or Garment as he shall fashion or make contrary to the minde and order of their Parents or Governours half to the Owner and half to the Country And all Grand-jury men are hereby enjoyned to Present all those whom they do judge breakers of this Order 1662 ARRESTS IT is Ordered by this Court and the Authority thereof That no mans person shall be Arrested or Imprisoned for any Debt or Fine None to be kept in prison for debt that have not to satisfie if the Law can finde any competent means of satisfaction otherwayes from his estate except in special Contracts as in the Law of Payments And if not his person may be Arrested and Imprisoned where he shall be kept at his own charge not the Plaintiffs till satisfaction be made unless the Court that had cognizance of the cause or some superiour Court shall otherwise determine provided nevertheless that no mans person shall be kept in prison for debt but when there is an appearance of some estate which he will not produce to which end any Court or Commissioners Authorized by the General Court may Administer an Oath to the party or any other suspected to be privy in concealing his estate but shall satisfie by service if the Creditor require it but shall not be sold to any but of the English Nation 1641. 47. It is Ordered That when any persons are Committed to Prison in any Civil Action The Keepers discharge of Prisoners in Case the Keepers of the Prison shall not stand charged with their supply of Victuals or other Necessaries And in case the Prisoner hath no Estate and will be deposed before any Magistrate that he is not worth five pounds the Plaintiff shall provide for his relief or otherwise the Keeper shall not stand charged with him and all such charges the Plaintiff shall have power to levy with the Execution before the party be delivered from Prison COmplaint being made to this Court of abuse offered to Justice through liberty granted by the Keepers of the Prisons to such persons as stand Committed for payment of fines and on Execution granted in Civil Cases This Court do Order That no person or persons Committed as abovesaid shall be permitted by the Keeper of the Prison Keepers of prisoners danger to go at liberty without the precincts of the Prison but by the License of the Court that Committed him or of the Creditor for whom Execution is granted on penalty of paying the fine imposed and satisfaction of the Execution in any Civil Case 1662 IT is Ordered that the Keeper of the Prison for the time being shall henceforth have the same liberty that the Marshall hath in all Civil Cases Keepers liberty to take Baile to take sufficient Bayle after Commitment as the Marshall might before Commitment 1662. Attachments Summons IT is Ordered by this Court and Authority thereof L. 2. p. 12. That it shall be the liberty of every Plaintiff to take out either Summons or Attachments against any Defendant Plaintiffs liberty to take Summons or Attachments Provided no Attachment shall be granted in any Civil Action to any Forreigner against a setled Inhabitant in this Jurisdiction before he hath given sufficient security or caution to prosecute his Action and to answer the Defendant such costs as the Court shall award