Security to respond Costs before Summons or Attachment gr nted 13. That no Attachment or Summons shall be granted in any Civil Action to any Forreigner against a settled Inhabitant of this Jurisdiction or against a Forreigner before he hath given sufficient security or caution duly to Prosecute his Action and to answer the Defendant such Cost and Damages as the Court may award on penalty of making good the Damage by the Granter 14. And it is further Ordered That in all Attachments of Goods and Chattels Lands or Heriditaments In Attachment of Goods c. Legal notice to be given to the parties concerned Lands or Heriditaments whether it be by Forreigners or settled Inhabitants Legal notice shall be given to the Party concern'd either personally or by leaving a Copy of the Summons or Attachment five compleat working dayes before the Court at the House or place of or that was his usual abode before the Suit proceed but if he be out of the Jurisdiction the Cause notwithstanding shall proceed to Tryal and if Judgment pass for the Plantiff it shall be Entred And in what case Execution shall be respited but Execution shall not be granted until the next Court and that the Plantiff hath given sufficient Security to be Responsible to the Defendant if he shall Reverse the Judgment within one Year or such further time as the Court shall see cause to order 15. Be it Enacted That henceforth Lands or Goods Attacht to a Tryal shall not be Released upon the Appearance of the Party or Judgment given lands or goods Attacht when to be released and when not but shall stand ingaged until the Judgment or the Execution granted upon the said Judgment be discharged provided Execution be levied thereon within one Month after Judgment and that where any Marshal or Constable or their lawful Deputie shall by virtue of any Warrant Attach any mans Person he shall take Bond of him with sufficient Security or Sureties And so of Bonds and furties bound to such Officers for his or their Appearance at the Court Attached to and to abide Tryal and in case of Appeal to the Court Appealed to till the Judgment be there Entered How the Officer shall make his Return and that the Person Attached be forth-coming any time within six dayes after Judgment for the Plantiff to lay his Execution on if he see cause after which time the Surety to be cleared The officer shall make his Return and Indorse his Bond on the back-side of the Attachment and when the Officer shall deliver the Person to the Jaylor or take the Bond and return the same with the Attachment to Court And if any Person Attached shall neglect or refuse to give Bond or sufficient Security be shall by said Officer be delivered to the Jaylor of the County who shall keep him in Custody until six dayes after Judgment or till Released by the Party at whose Suit Attached and the Plantiff Levy his Execution afterwards as the Law Directs 16. Liberty is granted by this Court to any person to improve one or two Attorneys in any Civil Action to help him in his Pleas provided they be persons of good Repute and such as the Court shall approve and the said Attorneys are Required as to be faithful to their Client Attorneys allowed so also to avoid fraudulent Pleas that may have a tendency to mislead the Court or darken the Case and in no Case shall be allowed for Attoneys more than five shillings and Attorney or Attorneys at Select Courts or Magistrates Courts to be allowed but two shillings in any Case Barratry punished 17. And it is Enacted that if any Person be proved a common Barrater by vexing others with unjust frequent and troublesome Suits it shall be in the power of the Court both to eject his Cause and punish him for his Barratry by Fine or Imprisonment 18. It is Ordered That no man's Person shall be Restrained Imprisoned by any Authority whatsoever Who Bailable before the Law hath Sentenced him thereunto if he can put in sufficient Security Bail or Mainprize for his Appearance and good Behaviour in the mean time unless it be in Crimes Capital and Contempt in open Court or in such Case where some express Act of the General Court doth allow it No Levy on Lands where Goods found nor Surety Destrained where princile sufficient nor Beast of Plough or Draught 19. It is Ordered That no Debt be Levied on Lands or Rents so long as the Debtor hath Goods and Chattels to be found to satisfie neither shall the Pledges or Suits be Distreined so long as the Principle or sufficient Estate of the Principles can be found nor Beasts of the Plough or Draught for Debt if others may be found to satifie it except for Damage feizant 20. That every Man shall have liberty to Replevy his Chattel or Goods Impounded Replevin Distreined or Seized unless it be upon Execution after Judgment or for payment of Rates or Fines Provided he put in Security to Prosecute his Replevin and to satisfie such Damage and Charge as his Adversary shall Recover against him in Law Age Ability Age of Discretion 21. IT is Ordered by this Court and the Authority thereof That none shall have power to pass away Lands Hereditaments or other Estate or be capable of Sueing or being Sued at any Court in their own Person neither shall give Votes Verdicts or Sentence in any Civil Court or Cause until he or they attain unto the age of twenty one years But any Parent or Master shall or may Require and Sue for Satisfaction for any wrong or damage done their Children or Servants And any Orphan may have liberty to chuse their Guardian to act for them at fourteen years to Secure or Defend their Estate or otherwise act for them as may be requisite the Court allowing thereof and the Court may chuse and appoint Guardians for such as are under fourteen years But in any matter Criminal as well younger as elder shall be liable to Answer for the same in their own persons Appeals 22. IT is Ordered by this Court and the Authority thereof That it shall be the liberty of any Person or Persons Cast of Sentenced Liberty to appeal in Cases Civil or Criminal to Appeal if from the Sentance or Determination of a Magistrate or Select Court or other Person Impowred to hear and determine in any Case as before unto a County Court and any may Appeal from a County Court to a Court of Assistants alwayes Provided they tender their Appeal in twenty four hours after Judgment and the Court not Dissolved and put in Security before the Judges of the Court or according to their Order to Prosecute their Appeal to effect and to satisfie all Damage before Execution granted and in Criminal Cases besides such Bond to give Bond with Security for their good Behaviour until the time of the Court
and all Actions Tryable at Select Courts shall be Tried at that Town where either Plaintiff or Defendant dwelleth as the Plaintiff seeth cause and any Action Tryable before a Magistrate one of the Parties must live or reside in the County where the Magistrate lives or resides unless both Parties be Strangers because much time is lost in the beginning of Courts of Tryals and Appeals by neglect of timely Entring of Actions Time of Entry of Actions 2. It is therefore Enacted by this Court c. That Actions shall be Entred upon or before the first day of the Courts Sitting and not after and in case any Plaintiff shall delay his Entry longer than the Forenoon of the first day of the Court he shall pay ten shillings to the Countrey or Counties use besides the ordinary Fees for Trial of Actions to this end all Marshals and Constables are required to make their Returns of all Summons and Attachments and their doings therein under their hands Time of return of warrants by the Marshal or Constable sometime at or before the first sitting of the Court that is to take cognizance of the Case or seasonably give to the Party the Summons or Attachment Sealed up and directed to the Clerk of the Court to which the same is Returnable Chrages of Tryals 3. That the ordinary settled Charges for Entring of Actions shall be fifteen shillings and six pence at a Court of Assistants which shall be thus divided two shillings to the Secretary six pence to the Marshal two shillings to the Fore-man of the Jury and one shilling a piece to the rest of the Jury and at a County Court there shall be paid nine shillings for Entring an Action to be divided according to former custom unless the County Courts have otherwayes agreed with their Officers and made Provision for their Jurors and for Entring an Action at a Select Court shall be paid three shillings and on a Tryal before a Magistrate shall be paid three shillings for a Witness Sworn at home one shilling and two shillings a day for a Witness that tends the Court and if the Defendant obtain a Verdict he shall not only have his Cost allowed for Witnesses as abovesaid but two shillings and six pence per day for what time he hath necessarily attended on the Action which shall be given without Suit and this shall bar the Defendant from Suit unless by Imprisonment or otherwayes he hath been more than ordinarily damnified 4. Whereas in Suits and Actions brought into Courts between Party and Party sometimes the Plaintiff and sometimes the Defendant and sometimes neither of them do attend the Call to Prosecute or Answer None attendance on Action to the great abuse of Court and Jury and others concerned in the Case and is contrary to the laudable Custome of all Courts in our Native Countrey and elsewhere It is therefore Ordered and Enacted That if any Plaintiff have Entred an action to be Tryed in any Court or which comes by Replevin Review or otherwise Penalty on the Plantiff and doth not by himself or by his Attorney make their appearance and Prosecute their Action after they have been three times called in Court they shall be Non suited and if the Defendant appear not to such Call the Plaintiff appearing the Suit shall nevertheless proceed and if Plaintiff or Defendant appear at their Call The Defendant they shall have their Costs granted against him that appeared not and if afterwards both Parties do agree to try the Case at the same Court they shall be allowed so to do the Plaintiff paying for a new Entry What shal be grounds of Nonsuit and what not 5. It is Enacted by this Court That in all Summons or Attachments the special ground of the Action shall be expressed and that a Circumstantial Error in a Summons or Warrant shall not be taken as a sufficient ground for a Non-suit where otherwise both the Party and Case intended may be Rationally understood and it shall also be expressed in the Warrant in what quality the Plantiff Sues whither as Principle Attorny Guardian or otherwise 6. And all Persons whither Parties or Witnesses are Injoyned to Attend their Respective Concerns the whole time of the Courts publick sitting No further Plea after the case is commited to the Jury until they are Issued and shall present the whole Plea or Evidence before the Case be committed to the Jury and no other Plea or Evidence be Admitted to any Person any Usage or Custom to the Contrary notwithstanding Warrants when to be served 7. That all Warrants whither to Attach or Summons any to answer to any Action or Presentment shall be Served five compleat working dayes before the first day of the Court. 8. That a Summons or Attachment from any Magistrate or Person that is Authorized for that End shall be sufficient Warrant to bring any Person within this Government to Answer to any Civil Action or Complaint commenced against him Summons or Attachments shall be sufficient Warrant and where there is Attachments they shall be granted against the Estate and for want thereof the Person 9. It is also Ordered That it shall be at the liberty of any Plantiff to withdraw his Action at any time before the Jury bring in their Verdict Plantiffs liberty to withdraw if he see cause In which Case he shall allow the Defendant full cost and may afterwards Renew his Suit at another Court 10. Be it Enacted That no man in any Suit or Plaint against another shall falsly pretend great Damages or Debts to vex or discredit his Adversary Vexations Suits and in all Cases where it appears to the Court that the Plantiff hath willingly wronged the Defendant in commencing Suit or prosecuting complaint or Inditement against him he shall pay unto the Defendant double costs besides damage and be Amerced to the Country or County not exceeding five pounds as the Case may be circumstanced for such his vexatious Suit or Plaint 11. Be it also Enacted That a Jury bringing in a Verdict the Court concurring and accepting it Judgement be forthwith entered When Judgement to be entred if they concur not the Jury may be put upon farther consideration of the Case and if they Retain their Verdict it shall be accepted and Judgment entered accordingly 12. It is further Enacted That in case a Plantiff obtain not a Verdict or be not satisfied therewith having new Plea or Evidence he may Rreveiw his Action if he see cause As likewise may the Defendant Reveiws but must bring their Reveiw where the Action wrs first Commenced but if either Party be cast in their Reveiw and go on to Reveiw a second time and be cast they shall be accounted Vexatious and Troublesom to the Court and to the Party Prosecuted and shall be Awarded to pay double cost to the Party and twenty shillings fine to the County Foreigners to give
Right it doth or may belong Town Clerks to return to the County Courts the names of Constables Jury men c. chosen 8. It is Ordered That the Town Clerk in such Town Annually return the Names of such Persons to the County Court as by the several Towns are chosen to serve as Constable Grand Jury-men Surveyors of High-ways that they may take their Oaths and be established in their Respective Places and the Select-men to be returned to the Court of Election on penalty of twenty shillings fine for each Neglect Clerk of the County to be the Recorders of the County 9. It is Ordered That the Clerk of the County Court shall be the Recorder of the County who shall Record Deeds and Evidences for Lands lying within the County who shall be under Oath for the faithful discharge of his Place Said Clerk in open Court may Administer Oaths to Witnesses and in the Name or Order of Court to grant Summons Attachments Warrants and to sign and give out Executions for any Judgment obtained in any of the County Courts Their work Power which shall not be until twelve hours after Judgment unless in any particular Case the Law hath otherwise provided nor then if the Court or any special cause shall Respit the same 10. It is Ordered That each County Court may Adjourn their County Courts as to them may seem meet County courts adjournment And all Persons concerned shall be bound to attend the said Adjournment 11. It is Ordered That there be a County Marshal who shall-alwayes attend said Courts who are impowred to serve all Warrants County Marshal work and Power Attachments or Summons that are directed to them and to Levy Executions who may Require Aid in the Execution of their Office which shall be yielded on the same penalty that is for any to refuse to assist a Constable In what Case two Magistrats may grant Administration probate of Wills out of Court 12. It is Ordered That in any Case that requires a speedy proving of a Will or taking out Letters of Administration it shall be lawful for any two Magistrates the Clerk of the County Court being present to Record the same to take the Probate of such Wills and to grant Administrations though out of Court or not in Court time who may determine matters of equity as cannot be relieved by the common Law 13. That a Magistrate or any Court shall have Power to determine all such Matters of Equity in Cases or Actions that have been under their Cognizance as connot be relieved by the common Law as the forfeiture of an Obligation breach of Covenants without great Damage or the like matters of apparent Equity 14. Ordered That the County Court or any two of the Magistrates may as need shall require upon defect of any Towns chusing Raters Who may chuse Raters in defect or the Raters neglecting to make such Rates as by Order of Court are required of them or orderly committed to them make choice of three men in such town to make such Rates as aforesaid Criminals convict to pay cost of prosecution 15. Ordered That in all Criminal Cases or Misdemeanors besides their Fines or Punishment Persons Convict shall pay Cost and needful charges of Prosecution 16. It is Ordered c. That a Judgment acknowledged before any two Magistrates and the Clerk of the Court shall be good in Law and if the Clerk be a Magistrate he with one Magistrate may take such acknowledgment and the Clerk shall have twelve pence for Recording the same Courts of Select-men IT is Ordered by this Court and the Authority thereof That every Town in this Colony shall chuse three or five able Discreet men out of the Free-men of each Town Annualy who shall be presented to the General Court at June to be approved Courts of Select men their constitution power and then Sworn there or before a Magistrate who shall have Power to hear try and determine all Actions of Debt Trespass or Damage not exceeding forty shillings and to grant Summons and Attachments to the Marshal or Constables to be returned into their Courts which may be four in one Year and not more and to Administer Oaths to any that may be used at their Courts or in such Matters as they have to deal withal And Summons Witnesses and upon Issue of the Cases to grant Executions to the Constable or County Marshal who shall Execute the same make Return thereof doing thereupon to the Officer that keeps the Records of such Courts and in all things to act and determine according to Law as is provided for other Courts and causes without Jury and that to make a valid Act there shall be the major part of them consenting and that the Select-men in each Town shall order the Prudential Affairs of the Town viz. to admit approve or disapprove of any Person who shall offer to Dwell or Inhabit in the said Town to provide for such poor and necessitous Persons at the Towns charge as the Town ought to be charged withal to look after and prevent any Incroachments upon High-wayes and Streets to look after the keeping and maintaining the Town Bounds at the Towns charge to put out with the consent of a Magistrate Children that cannot or are not provided for by their Parents or Friends to Service or Apprentice Boyes till one and twenty and Girls till eighteen years of age to put out to Service with the Advice of a Magistrate any Idle Disorderly or Shiftless Persons that are likely to be chargeable to the Town That in such Town where no Magistrate or Person Authorized with Magistratical power is the Select men or any two of them shall have power to convict and punish any persons according to Law for Drunkenness Swearing Cursing Sabbath-breaking Night-walking Breaking of Peace and all such other Matters in their Town referred to them by Law CHAP VII Criminals 1. IT is Ordered by this Court and the Authority thereof That whosoever shall commit Adultery with a Married Woman or one Betrothed to another Man Adultry how to be punished both of them shall be severely punished by Whipping two several times viz. once when the Court is in being at which they were convict of the Fact and the second time as the Court shall Order and likewise to wear two Capital Letters A. D. cut out in Cloth and Sewed on their upper Garments on their Arm or Back and if at any time they shall be found without the said Letters so worn whilest in this Government to be forthwith taken and publickly Whipt and so from time to time as often as they are found not to wear them Fornication how before Contract 2. Be it also Enacted That whosoever committeth Fornication before or without lawful Contract shall be punished by whipping or else pay ten pounds fine each of them to the County But if they be or will be Married to
they Appeal to And all Appeals shall be Recorded at the charge of the Party Appealing and the Appealant shall briefly in Writing by himself or Lawful Actorney under his or their hand deliver into the Clerk of the Court or Person Appealed from which shall be done without reflecting upon either Court or Party the Grounds and Reasons of his Appeal five compleat working dayes before the first morning of the Court Appealed to to which Court the Clerk of the Court or Person Appealed from shall return said Writing timely to the Court and give Copies thereof to the Defendant he desiring and paying for the same And whosoever shall Appeal to the County Court and not prosecute his Appeal besides his Bond shall forfeit twenty shillings to the County and whosoever shall Appeal to the Court of Assistants and not prosecute the same shall in like manner pay forty shillings to the Countrey Who shall not sit as Judg or Vote in Court appealed to 23. It is Ordered That no person that sat as Judge and Voted in any inferiour Court shall Judge or Vote in any Court Appealed to unless the Judges Appealed from be more than the Judges Appealed to in which Case it may be judged by the whole in all Appeals the case to be judged by the same Evidence and no other than what was used in the Court Appealed from unless it appear either party were hindred from putting in any Evidence in their case that of by Right and Law they should not have been hindred of the said Court to confirm or reverse the Judgment or to increase or to abate the Damage as they may see cause according to Law and the Party that Appeals shall bring in the whole case as left on file and bring a Certificate that he hath so done and if he recover the charge shall be allowed in his cost Apprizements 24. AND for the Apprizement of Lands Goods or Chattels Levied or Taken in Execution or Distress It is Ordered c. That the Party whose Estate is to be Prized shall chuse one Prizer and the person which is to receive the Estate prized shall chuse another Prizer and in case either party neglect to chuse the Marshal or Constable shall chuse one for him and if two chosen agree not the said Officer shall be the third Prizer And where the party concerned refuseth to set forth suitable Estate both as to the Specie due and nearness of the Sum to be Levied or Distrained there the Marshal or Constable shall seize such Estate as may best suit thereunto to be equally and indifferently prized according to the Specie due and not overprized And in case the Debt to be Levied or Distrained be above twenty pounds that then it shall be in the liberty of either party to chuse two Prizers and upon their not-agreement the Officer shall be the first Prizer and in case the Officer is put to make choice of Prizers such Prizers shall be paid by the Officer for their time to be Levied or Distreined with the other Debt or Damage and if any person which shall be so chosen by the Officer shall refuse to be a Prizer he shall be fined five shillings to the County and the Officer shall chuse another in his room CHAP III Bills Bonds Debts by Specialty good to Assigns 1. IT is Enacted by this Court That any Debt due by Bill Bond or other Specialty shall be as good a Debt to the Assigns as it was to the Assigner and as Recoverable by Suit Provided the Assignment be under hand of the Assigner and the Assignment duely proved Book-Debts In what case actions for Debt by Book or Account to be brought within 3 years 2. IT is Ordered by this Court and the Authority thereof That all Debts due by Book or Account that are now due to any Person shall be required received or his Action for the same brought within three years after this present Session or they shall from thence be for ever barred their Action for the same unless it be where either party is beyond Sea under age or non Compos mentis Merchants Tradesmen Dealers books 3. It is Ordered by this Court That every Merchant Factor Shop-keeper Trades-man or Dealer shall keep a Book of their Dealings and Trading fairly written down both Debt and Credit an Account out of which Book compared in open Court and Sworn to by said Merchants Factors Shop-keepers Tradesmen or Dealer or any of them or their or either of their Servants it shall be accounted sufficient for proof of said Debt Provided the same be put in Suit within six years after the Debt is contracted any Law What Testimony sufficient thereunto Custome or Usage to the contrary notwithstanding nevertheless if the Defendant will take his Oath he had not by himself or any other by his Order or Account the Goods charged or that he had paid for the same then shall the Case be judged according to the strongest presumption the parties concerned shall produce Debts to be paid in specie 4. It is Ordered That all Debts be paid in Specie according to Contract What testimony good in a Specialty 5. It is Ordered That one positive Testimony Sworn to a Bond or Bill or other Specialty or to an Account and he not a party the same not denied by the Defendant shall be accounted good proof in Law for the same and in any matter Criminal the confession of the party or the Fact seen or heard by him who is the proper Judg thereof What in some Criminals or one positive Witness and the party not denying or one positive Witness and concurring circumstances shall be sufficient to convict any person in any Crime the penalty whereof exceeds not ten shillings Bridges Defects in Bridges High-wayes to be presented c. 6. IT is Ordered by the Court and the Authority thereof That all defective Bridges and High-wayes the Countrey County Town or particular persons that of right ought to make and maintain the same for neglect or defect therein shall be liable to be Presented to the County Courts who as the case is circumstanced shall lay Countrey County Town or Person that is defective under such penalty as to them shall seem meet that they in such time as shal be Ordered Repair or make such Bridge or Way as is presented and if they neglect or refuse to perform the same within the time set besides such Fine as is laid on them shall pay double Damage to any particular Person that may suffer by reason thereof and if it be the occasion of the Death of any person after the time set them for making or repairing the same the Countrey County Town or Person defective shalâ— be liable to such reasonable satisfaction or fine to the Relations as the Court shall judge meet CHAP IV. CAPITAL LAWS 1. IT is Enacted by this Court and the Authority thereof That if any
Sit at Plimouth twice a year namely the first Tuesday in April when where to Sit. and the first Tuesday in October to Hear Examine and Determine all Cases of Life Limb Banishment and matters of Divorce according to Law and to Receive and Try all Appeals duely brought unto them from any Inferiour Court whether in matters Civil or Criminal to order Warrants for the choice of Juries and constitute Clerks or other needful Officers their power Ordered the Court of Assistants or Council have power to order the Payments to be made out of the Publick Treasury due to such as upon occasion have been Imployed in the Countries Service In which Court to make a valid Determination There shall pe present at least the Governour or Deputy Governour and four Assistants 2. And that Justice be not deferred nor the Countrey needlesly charged It shall be lawful for the Governour Liberty to call a Court of Assistance on special occasion or in his absence the Deputy Governour to call a Court of Assistants to try any Malefactors in any Capital Cause or upon other weighty Occasions as he shall see need 3. Ordered That no Person shall be put to Death in less than four dayes after Condemnation unless the Court see special cause or in case of Martial Law And that it shall be lawful for the Governour or Deputy Governour with the consent of two Magistrates Condemned persons the time of Execution Replevin to Reprieve a condemned Malefactor for a short time and if there be to them special Reason to the next General Court And that Warrants for Execution shall be always Signed by the Clerk of the Court of Assistants by Order of said Court Court of Admiralty BE it Enaced by this Court and the Authority thereof That the Governour for the time being or the Deputy Governour with three or four or the Assistants Courts or Admiratly their constitution power and such other Substantial Persons as the Governour for the time being shall commissionate under the Seal of this Colony shall have full Power to Act as a Court of Admiralty for Hearing and Trying and Determining all Matters and Causes which by the Act Intituled Pirates and Privateers are to be Tried thereby or by a Quorum of them as by the said Commission shall be Authorized either by themselves alone or together with or by a Jury Impannelled for such Trials as the Case may Require County Courts 1. IT is Ordered by this Court and the Authority thereof That there be in this Colony three Counties Countie and County Courts their constitution and that in each County there shall be kept annually two County Courts which Courts shall be kept by the Magistrates living in the several Counties or by any other Magistrate that can attend the same or by such as the General Court shall appoint from time to time and to make a Court there shall be present not less than three Magistrates or Associates and in no case shall Judgment be given without there be two consenting or the major part if more than four Judges and in the absence of the Governour or Deputy Governour the eldest Magistrate shall be President of the Court which Court shall have and hereby have power to order the choice of Juries of Grand Inquest and Trials in their several Countries and to constitute Clerks and other needful Officers the County Treasurer to be appointed and allowed of by said Court annually It is Ordered That each County Court shall have and hereby have power to Hear Try and Determine according to Law all Matters Actions Gauses and Complaints Their power whither Civil or Criminal in any Case not extending to Life Limb or Banishment or matter of Divorce The County of Plimouth its Limits 2. It is Ordered That Plimouth Duxbury Scituate Marshfield Bridgwater and Middlebrough together with all such Place and Villages that do or may lye between the said Towns and the Patent Line be a County Plimouth the County Town and said County called the County of Plimouth In which County shall be kept two County Courts annually courts number time place at the Town of Plimouth one on the third Tuesday in March and the other on the third Tuesday in September The County of Barnstable its Limits 3. It is also Ordered That Barnstable Sandwich Yarmouth and Easthaws the Villages of Sippican Suckonesset and Manamoy shall be a County Barnstable the County Town and said County shall be called the County of Barnstable courts number time place in which County shall be kept two County Courts annually at the County Towns one on the third Tuesday in April and the other on the third Tuesday in October The County of Bristol its Limits It is further Ordered That Bristol Taunton Rehoboth Dartmonth Swansey Little Compton Free-Town Sowammit Pocasset Punkatest and all such Places Towns and Villages as are or may be settled on said Lands shall be a County courts number time place Bristol the County Town and the said County shall be called the County of Bristol In which County shall be kept two County Courts annually at the County Town one on the third Tuesday in May and the other on the third Tuesday in November Deeds c. may be Recordedin the County where they ly and held sufficient 4. It is Ordered c. That all Deeds Bargains Mortgages for Houses Rents Lands not already Recorded in the Publick Records or that shall not be Recorded before the first County Court of each County shall or may be Recorded in the County where they lye by the County Recorder which shall from and after the first County Court that Sits in said County be accounted Legal and Sufficient Record for the same it having been acknowledged or duely Proved before the Recording County Courts to settle the Estate of intestats take probats of Wills 5. It is Ordered that such County Court shall have and hereby have power to settle and dispose according to Law the Estate of any Person that dies Intestate within the County and to grant Letters of Administration and take the probate of Wills To make Orders for County Prisons High-wayes Bridges Rates in their County 6. It is Enacted That County Courts have Power to make effectual Orders about county Prisons High wayes and Bridges and when there is occasion Order Rates to be made in the several Towns and Places of the County for defraying County charges The Raters of each Town to Rate their Inhabitants or Persons under their Constablerick according to the proportion Ordered by the County Court and the Constable to gather such Rates and be accountable for the same to the County Treasurer 7. It is Ordered That in any County where a Stranger dies Intestate the County Court shall appoint a meet Person to Administer on his Estate if he leave any and to secure the same for them of whom of
each other and the case such as they lawfully may How if they be or will be Married then but ten pounds both And if any commit carnal Copulation after lawful Contract before Marriage they shall be Amerced each of them fifty shillings to the County and be imprisoned if the Court see reason If after Contract By lawful Contract is intended Mutuall consent of Parents Guardians or overseers and a solemn Promise of Marriage made to each other by the Parties before Competent Witnesses and if they cannot or will not pay their fine Lawful Contracts what then to be punished by whipping The Court for the more discountenancing the prevailing Evil Have further Ordered That such as Transgress in any of these wayes shall be Convict in open Court and their Fines to be paid in Mony Burglary and Robery how 3. It is Ordered by this Court and the Authority thereof That if any Person shall commit Burglary by breaking up any Dwelling House or Ware-House in the Night or on the Lord's Day or that shall forcibly Rob any Person in the Field or High-way The first the second offence such Offenders shall for the first Offence stand on the Gallows an hour and be Burnt on the Hand with the Letter B And for the second Offence shall be put to Death 4. That if any Stranger or Inhabitant of this Government shall be Legally Convict of Stealing or Purloining any Horses Chattles stealing or purloyning The first Second Mony or other Goods of any kind he shall be punished by paying three fold to the party wronged and a Fine to the County not exceeding the value Stole or Corporal Punishment as the Court shall determine and for the second Offence of the like kind to make like satisfaction to the Party wronged and be Branded in the Hand with the Letter R. And if the Delinquents have not wherewith to satisfie the Law Third offence they shall be Sold for time to make Satisfaction and if the Fact be committed on a Sabbath day the Brand to be on the Forehead and for the third Offence of like kind to be put to Death or Sold out of the Country as the Court shall see cause prophane swearing 5. It is Enacted by the Court c. That whosoever shall prophanely swear or curse by the Name of God or any of his Attributes The first Words or Worâ—ks he or they shall be set in the stocks not exceeding three hours or pay five shillings fine to the County second offence c. or be imprisoned according to the quality of the Person and for a second Offence to pay ten shillings to the County or be whipt and so from time to time as often as afterwards found Transgressing in this kind 6. Forasmuch as the open Contempt of Gods Word and the Messinger thereof is the desolating sin of Civil State and Churches Vilifying the the Scripture or Holy Pen-men thereof Or the Word of God preached Or the Ministers thereof Or the wayes Churches or Ordinances of Christ It is Enacted That if any Christian so called in this Government shal speak contemptuously of the Holy Scripture or the Holy Pen-men thereof such Person or Persons shall be punisht by fine not exceeding five pounds or Corporal punishment by whipping And if any shall behave themselves Contemptuously towards the Word of God Preached or any Minister thereof called and faithfully dispencing the same in any Congregation either by manifest interrupting him in his Ministerial Dispensations or falsely peremptorily charging him with Teaching Errors to the disparagement and hinderance of the Work of Christ in his hand or mamfestly and contemptuously reproach the Wayes Churches or Ordinances of Christ being duely Convict thereof he or they for the first Transgression be Amerced twenty shillings fine to the County or be set in the Stocks not exceeding four hours But if he or they go on to transgress in the same kind then to be Amerced forty shillings or be whipt for every such Transgression 7. It is Ordered c. That where a Judgment is given in any Court for any Person of House or Lands upon the Tryal of the Title thereof or other Just cause if the Person against whom the Judgment is given doth either forcibly detain Possession thereof Forceable detainer either against the Officer impowred to serve an Execution thereon or after Execution served enter upon it again and so return Possession by force he shall be accounted an 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 Marshal Entry and possession Officer and other men whom he thinks meet to be imployed in the business the Marshal or other Officer also requiring aid greater or lesser as need requires to 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 forthcoming at the next Court that did give the Judgment in the Case there to make their answer and whom the Court doth find guilty to set such fine or other punishment upon them as the merit of their several Cases doth require Disturbance of the Peace 8. It is Ordered c. That whosoever shall disturb or undermine the Peace of this Jurisdiction or Inhabitants thereof by plotting with others or by his own Tumultuous and offensive carriage Traducing Quarrelling Challenging or Assaulting or any other way tending to publick Disturbance in what Place soever it be done or shall Defame any Court of Justice or any of the Magistrates Defamation of Court or Judge or Judges of any Court in this Jurisdiction in Respect of any Act or Sentance therein Passed Every such Offender upon due proof made shall be by the County Court punished by fine imprisonment binding to the Peace or good behaviour according to the quality and measure of the Offence or Disturbance to them seeming just and equal And that such as Beat Hurt or Strike any other Person shall be liable to pay unto the Party hurt or stricken and such Fine to the County as on consideration of the party smit Beating or hurting any Person and with what Instrument Danger more or less time place provocation c as shall be judged just and reasonable to the merit of the Offence by them that have the proper cognizance of the same 9. It is Ordered c. That if any person shall Forge any Deed or Conveyance Testament Bond Bill Release Acquittance Letter of Attorney or any Writing to pervert Equity and Justice Forging of Deeds Testaments Bonds Bills c. he shall pay the party grieved double Damages and be fined himself so much to the Countries use and if he cannot pay it to be publickly Whipt and Burned in the Face with a Roman F. 10. Be
That whatsoever Indians who have or shall have Guns or other Arms that have or shall manifestly appear to be unfaithful and treacherous to us shall forfeit their Arms and not suffered to have or carry any Arms until they shall have Licence from the County Court none to sell hire or give to any Indian any Boats c. 8. It is also Ordered That whosoever shall any wayes sell hire or give to any Indian or Indians any kind of Boat Barque or other Vessel of burthen or Sail or Tackling to fit up any such like Vessel shall forfeit twice the value of it 9. It is also Ordered by this Court and the Authority thereof That no Person whither Inhabitant of this Government or other shall Purchase Anno. 1643 Hire or receive of Gift of any Indian or Indians any Lands that lie within the Line of this Colony without the Order and Allowance of this Court None to purchase land of Indian or Indians without liberty on pain of forfeiting for every Acre so Bought Hired or any wayes obtained of them five pounds to the Colonies use and if the Fine or Forfeiture cannot be obtained the Lands so procured shall be forthwith seized for the Colonies use 1643 1671. nor Wood or Timber Neither shall any person Buy Hire or Receive any Wood Timber of the Indians without the Courts allowance on pain of forfeiting five times the value thereof to the Colonies use none to sellany Mare to the Indians nor they to keep any 10. It is also Ordered That no person within this Government shall give or sell any Mare to any Indian on pain of the forfeiture of every such Mare or the value thereof and that no Indian keep any Mare on like pain of the forfeiture of every such Offence In trials between English Indians what testimony to be accepted 11. And that equal Justice may be done in such Controversies as may arise between the English and the Indians the Indians not hither having been admitted to give Testimony upon their Oath would be greatly disadvantaged and may be much wronged if no Testimony should in such case be accepted but on Oath This Court therefore Orders That any Court Magistrate or other person before whom the Trial of any such Case may come shall duely consider all the circumstances with the Pleas and Testimony though not on Oath presented before them and give Judgment as to them appears to be most just and right according to their best Understanding and Conscience 12. Whereas it hath been found by Experience that trusting the Indians before hand any considerable value Indians not to be trusted but under limitation hath not been advantagious but prejudicial both to the English and Indians the Indians being very apt to run into many Peoples Debts where they can be trusted and there pawning or selling the things they are trusted for at a most inconsiderable price for money to get Liquor whereby themselves families are without any benefit thereby and the English frustrate of their pay for the same It is therefore Ordered That no English person shall trust any Indian before hand for any thing or things at any one time which exceeds the value of twenty four shillings or at any time after for any such or lesser Sum until said Indian hath first paid for that he first had on trust on penalty of such English being debarred the Recovery by any other Action or Plaint of any such Debt more than said twenty four shillings And in case any Indian have not wherewith to satisfie such just Debts how their juse debts shall be satisfied their Lands not to be seized for debt he shall be made to Serve it out per rate of twelve pence per Day in the Summer and six pence per day in the Winter and their Diet and in case they run away before satisfaction given then to be Whipt and made to Serve it out and pay the Damage and in no case shall any Indians Land be seized for payment of any of his Debts due to any particular Man None to buy Guns c. of Indians on pain 13. And it is further Ordered That no person snall presume to Buy any Guns Tools Cloaths or any other Goods of any Indian on pain of their return of said Guns Tools Cloathes or other Goods to the Owner thereof free of charge from whom they were borrowed stolen or purloined by any Indian or Indians 14. It is also Ordered That any of the Magistrates or Select-men with the consent of a Magistrate may put out any young Indians that run Ideling about Who may put out young Indians to service none take them but by a Magistiates order and are not subject to any Government of their Parents or others unto some good English Masters to serve till they are twenty or twenty one years of age where they may be well Educated And that none of the English shall detain any of the Indian Children to be their Apprentice or Servant under any pretence of Agreement or Indenture whereunto some one of the Magistrates hath not first assenred and given his Approbation 15. It is also Ordered That if any Indian who is a Servant to the English shall run away amongst any Indians such Indians to whom such Servants shall come shall not Entertain such Servants on penalty of ten shillings but forthwith either carry such Servants himself or charge the Indian Const able forthwith to carry such Run awayes unto his Master Indian runaway Servants how dealt with of before some one of the Magistrates Select men or other Inspectors of the Indians who may cause him or her to be whipt and sent home to his or her Master who shall order what said-Master shall pay to the Constable or other Indian who shall bring his said Servant and also in what manner said Servant shall allow his Master for the charge and damage he hath put him unto by such Running away None to furnish Indians with strong-liquors c. 16. Whereas notwithstanding many Orders have been made for the prevention of Drunkenness amongst the Indians yet it doth still abound through their unsatiable desire to drink unto Drunkenness if they can obtain it and through the covetous evil Principle of some English in helping them unto it not regarding the guilt they thereby contract to themselves of the Murders Out rages and other mischiefs which have been the frequient horrid effect thereof to the great dishonour of God For the prevention whereof It is therefore Ordered by this Court and the Authority thereof That whatsoever Person or Persons doth at any time directly or indirectly give sell truck or any wayes procure to or for any Indian or Indians or any wayes furnish any of them with any Wine Sider strong drink or Liquors of whatsoever made or by whatsoever name the said strong drink or Liquors be called shall forfeit five pounds provided this Order
and shall be allowed a Coat of Duffels or twelve shillings for Wolf Whelps there shall be allowed a quarter price and the Constable of each Town to signifie under his hand the Names of the Men and the number of the Wolves and how many killed by English and how many by Indians of all he hath passed Receipts for unto June Court such Sum to be raised with other Countrey charges and discounted with the seseveral Towns out of their proportion of the Country Rates and such in the Town as produce those Receipts to have it discounted with them or paid to them by the next Constable and if the Constable shall wittingly give in to the Treasurer a false Account or if any person kill Wolves out of the Patent and come here for pay for the same each shall be liable to such reasonable penalty or punishment as the County Court shall think fit Wrecks 1. IT is Ordered That where any Wreck shall be cast upon any Shore of this Colony or taken in any River Creek or Bay belonging to the same How Wreckt Goods shall be secured disposed such Goods shall be seized by the chief Marshal or Constable of such Town where they shall be cast and by them secured and delivered according as they may have Order from some one or more of the Magistrates to some person or persons to keep and secure the same that if any Sue for the same and make it appear before two Magistrates that they are the Owners thereof any time within a Year and a day that such Goods shall then without delay be delivered to him or them so proving or appearing to be the Owners thereof he or they making due satisfaction to all Persons and Officers who were imployed in saving and securing the same But if no Owners appear in the year and a day then all such Goods shall be delivered to the Countrey Treasurer for the Colonies use who shall make due satisfaction to all Persons Officers who were imployed in saving and securing the same And if any person shall presume to feize receive or take any such Goods and not give speedy notice thereof to Authority here established he shall be Imprisoned and Fined not exceeding double the value thereof No violence or wrong be offered to persons or goods in vessels driven ashore 2. Ordered That if any Ship or Vessel be driven ashore be it Friend or Enemy there shall be no violence used nor wrong offered to their persons or Goods their Persons shall be Relieved and Harboured and their Goods preserved in safety until Authority may be certified and give further order therein The Secretaries Fees  L S D FOR Entring a Freeman 00 00 06 The Fees of the Recorder of the Court of Assistants and County Court Clerk shall be as followeth  L S D FOr a Warrant for the Peace Good Behaviour or any other by Order of Court of like nature 00 01 00 For a Bond of the Peace or Good Behaviour 00 02 06 For a Release of such Bond 00 02 06 For Entring of an Action 00 02 00 For a Supeny 00 00 06 For Transcribing of any Evidence for every Page consisting of twenty eight Lines eight Words in a Line and so proportionable to eight pence a Page for what it doth exceed Eight pence per Page    For Entring of Deeds Verbatim not exceeding twelve pence a Page and proportionably to eight pence a Page for what it doth exceed    For Attesting the Record on the Original Deed six pence and in like manner for Wills and Inventories    For Entring an Order for the settling of Intestates Estate twelve pence or more according to the proportion of the Writing    For Entring of the Proceedings in any Criminal Cases or Presentments with the Judgment of the Court therein to be paid by the Delinquent 00 02 06 For Entring a Judgment Acknowledged 00 01 00 For making an Execution 00 02 00 For Entring and Recording of the Execution with the Officers Return 00 02 00 For Bonds of Appeal 00 01 00 Chief Marshals Fees  L S D FOr Levying an Execution five shillings and for his Journey out two pence a Mile and Home two pence a Mile out of his own Town    For Serving an Attachment 00 02 06 For Serving a Summons 00 01 00 For Distress for a Rate 00 01 00 For keeping a Prisoner committed to him by the Court per day 00 02 06 And for Commitment of such Prisoner to him 00 02 06 For every Action Entred 00 00 06 The Jaylors Fees  L S D FOr Commitment to Prison 00 02 06 For Release out of Prison 00 02 06 For keeping of a Prisoner with Diet four pence per day besides what he is allowed out of the Treasury    The Oath of the Governour WHereas You T. H. Esq are Chosen to the place of Governour over this Jurisdiction of New-Plimouth for this Year ensuing and till a new be Chosen and Sworn You shall Swear to be truly Loyal to our Soveraign Lord the King His Heirs and Successors and according to that measure of Wisdom understanding and discretion that God hath given you faithfully equally and indifferently without respect of persons according to the Laws of this Colony Administer Justice in all Cases coming before You as the Governour of this Colony of New-Plimouth You shall in like manner faithfully duely and truly Execute the Laws and Ordinances of the same and shall labour to advance and further the good of the several Plantations within the limits thereof and oppose any thing that shall seem to hinder the same by all due means and Courses The Oath of the Deputy Governour VVHereas you W. B. are Chosen to the Place of Deputy Governour over this Colony of New-Plimouth c. as in the Governours Oath Mutatis Mutandis The Oath of the Assistants YOu shall all Swear to be truly Loyal to our Soveraign Lord the King His Heirs and Successors And you shall faithfully truly and justly according to that measure of discerning and discretion God hath given you be Assistant to the Governour for this present year for the Execution of Justice in all Cases and towards all persons coming before you without partiality according to the nature of the Office of an Assistant Moreover you shall diligently duely and truly see that the Laws and Ordinances of this Corporation be faithfully executed and shall labour to advance the good of the several Plantations within the limits thereof and oppose any thing that shall hinder the same by all due means and courses So help you God who is the God of Truth and Punisher of Falshood The Oath of Fidelity or of any residing in this Government YOu shall be truly Loyal to our Soveraign Lord the King His Heirs and Successors and whereas you make choice at present to Reside within the Government of New-Plimouth you shall not
do or cause to be done any act or acts directly or indirectly by Land or Water that shall or may tend to the destruction or overthrow of the whole or any the several Plantations or Townships within the said Government that are or shall be orderly Erected and Established but shall contrarywise hinder oppose and discover such Intents and Purposes as tend thereunto to the Governour for the time being or some of the Assistants with all convenient speed You shall also submit unto and obey such good and wholsome Laws Ordinances and Officers as are or shall be established within the Limits thereof So help you God who is the God of Truth and Punisher of Falshood The Oath of a Freeman YOu shall be truly Loyal to our Soveraign Lord the King his Heirs and Successors You shall not speak nor do devise or advise any thing or things Act or Acts directly or indirectly by Land or Water that doth shall or may tend to the destruction or overthrow of these present Plantations or Townships of the Corporation of New-Plimouth neither shall you suffer the same to be spoken or done but shall hinder or oppose and discover the same to the Governour and Assistants of the said Colony for the time being or some one of them You shall faithfully submit unto such good and wholsome Laws and Ordinances as either are or shall be made for the Ordering and Government of the same and shall endeavour to advance the good and growth of the several Townships and Plantations within the limits of this Corporation by all due means and courses All which you Promise and Swear by the Name of the Great God of Heaven and Earth simply truly and faithfully to perform as you hope for help from God who is the God of Truth and the punisher of falshood The Secretaries Oath YOu shall faithfully Serve in the Office Secretary of the General Court and Council of this Colony of New-Plimouth for this present year and till another be chosen You shall faithfully preseve and keep all such Books Records Files and Writings as shall be committed to your Custody You shall truly Enter and Record all Acts Graunts and Orders of the General Court and whatever you shall receive Order and Direction from the said Court to do you shall give true Copies of all such publick Records Graunts or Writings which shall be in your custody under your hand at any persons Request you shall not disclose the secrets of the General Court or Councils you shall Extort no other Fee for doing any thing concerning your Office but what you shall be allowed by Law you shall give your attendance at all such Courts and Councils and shall faithfully do all things Appertaining to your Office So c. The Oath of the Recorder of the Court of Assistants YOu shall faithfully Serve in the Office of Recorder of the Court of Assistants you shall faithfully preserve and keep all such Books Records Files and Writings as shall be committed to your custody You shall truely Enter and Record all Acts Judgments Verdicts Fines and Sentences of the said Court And whatsoever you shall Receive Order and Direction from the said Court or Order of Law to do you shall Issue out and deliver all Executions Orders of the said Court warrants summonses in all such cases as by Law you ought you shall give true Copies of all such Publick Records Files and Writings which shall be in your custody under your hand at any Persons Request You shall Record and File all such Returns of Executions of Marshals or Constables which Issued out of the said Court and shall faithfully do all things Appertaining to your Office You shall Extort no other Fee for doing any thing Appertaining to your Office but what you shall be allowed by Law c. The Oath of the Clerk of the County Court YOu shall faithfully Serve in the Office of a Clerk of the County Court You shall faithfully preserve and keep all such Books and Records Files and Writings as shall be committed to your custody you shall timely Enter and Record all Acts Judgments Verdicts Fines Sentences and Orders of the said Court and all such Deeds Evidences Instruments and Writings which shall be brought to you for that End which by Law you may or ought to Record and also what you shall Receive Order or Direction from the said Court so to do you shal give true Copies under your hand of all such publick Records or VVritings as shal be in your custody at any Persons Request You shal Issue out and Deliver all Executions and Orders of the said Court and Warrants and Summonses in all such Cases as by Law you ought You shall Record and File all such Returns of Executions of Marshals and Constables which Issued out of the said Court and shal faithfully do all things appertaining to your Office You shal Extort no Fee for doing any thing appertaining to your Office but what you are allowed by Law c. The Select mens Oath YOu being Chosen Select Men of the Town of Plimouth you shall do equal Right to all Persons after your Wisdom Skil and power in all such Cases as shall come before you concerning your Office according to the Laws here Established You shall endeavour the due Execution of all such Laws as are committed to your Inspection as Select Men so help you c. The Oath of the Grand Jury YOu shall faithfully Inquire into and true presentment made of all things given you in charge you shall present nothing of Malice or ill will your own counsel and your Fellows in reference to this Oath you shall well and truly keep so help c. The Oath of the Chief Marshal YOu shall be truly Loyal to our Soveraign Lord the King His Heirs and Successors You shall carefully endeavour the conservation of the Peace of our said Lord the King as the head Marshal of the Colony of New-Plimouth You shall Arrest all Traitors Felons and Perturbers of the Peace that you shall know or be informed of and carry them before the Governour or some of his Assistants and there attend such Order therein as shall be given you You shall personally attend all General Courts Courts of Assistants Commissioners Courts and the Governours person especially at such Courts You shall readily Serve all Attachments Summons's Precepts and Warrants whatsoever which you shall receive from the Governour Assistant or others Authorized thereunto You shall faithfully Levy Collect and Gather all such Rates Fines Forfeitures Wrecks and other dues whatsoever belonging to this Colony or which by Order of Law and Warrant from Authority you shall be required to do and the same deliver unto the Treasurer or his Order or party concerned You shall truly Levy and Serve all Executions you shall receive from Authority and the Money Goods Chattels or Lands you shall Levy by such Execution deliver to the party or parties to whom due or belonging You shall carefully
keep all persons which shall be committed to your Custody You shall readily obey and execute all such Commands and Sentences of the Governour or any of the Courts as according to your Office you ought to do by Law You shall deal justly and uprightly and without partiality in the Discharge of your Office You shall extort no Fee Gift or Reward for doing your Office but only what you may take by order of Law The Oath of the Under-Marshall or Goal-Keeper YOu shall well and truly serve in the Office of Under-Marshall and Goal-Keeper for the Colony of New-Plimouth you shall readily Receive into your Custody all such persons as by Warrant or Mittimus from Authority or Order of Law shall be brought to you and them in safe Custody shall keep till they shall thence be delivered by due Course of Law You shall personally attend all such Courts of Assistants and General Court as shall be holden at Plimouth You shall Execute and Inflict all such Sentences and Punishments as by Authority shall be adjudged to be Inflicted upon any Delinquents or Offenders without favour or partiality and shall take only such Fees for doing your Office as by Law are allowed So c. The Oath of a Constable YOu shall Swear to be Truly Loyal to our Soveraign Lord the King His Heirs and Successors You shall faithfully serve in the Office of Constable in the Award of Plimouth for this present year during which time you shall carefully endeavour the Conservation of the Peace of our said Lord the King You shall Arrest all Traitors Fellons Perturbers of the Peace and all other Suspicious Persons that you shall know or be informed of and carry them before the Governour or some one of his Assistants and there attend such Order therein as shall be given You shall readily and truly Serve all Attachments Summons and Warrants whatsoever you shall receive from the Governour Assistants or others Authorized thereunto You shall faithfully Levy Collect and gather all Executions Rates Fines Forfeitures which you shall Receive or have Order for and the Money Goods Chattels or Lands so levyed gathered or distrained you shall deliver to the Party or Parties concerned or to whom it is due You shall readily Obey and Execute all such Commands and Sentences of the Governours Assistants or any of the Courts as according to your Office you ought to do by Law and shall faithfully endeavour the Execution of those Laws which refer to your Office and in all things you shall deal justly and uprightly in the Execution of your Office So c. The County Marshalls Oath YOu shall be Truly Loyal to our Soveraign Lord the King his Heirs and Successors you shall carefully endeavour the Conservation of the Peace of our said Lord the King as the Marshal of the County of Plimouth You shall Arrest all Traitors Fellons and Perturbers of the Peace that you shall know or be informed of and carry them before the Governour or some one of his Assistants and there attend such Order therein as shall be given you You shall attend Personally at all County-Courts you shall readily serve all Attachments Summons Presentments and Warrants whatsoever which you shall Receive from the Governour Assistants or others Authorized thereunto You shall faithfully Levy Collect and Gather all such Rates Fines Forfeitures and other dues whatsoever belonging to the County or such as you shall by Order of Law or Warrant from Authority be required to do and the same deliver unto the County-Treasurer or Party concerned therein You shall truly Leavy and Serve all Executions you shall Receive from Authority and the Money Goods Chattels or Lands you shall Leavy by such Execution you shall deliver to the Party or Parties to whom due or belonging You shall carefully keep all persons which shall be Committed to your Custody you shall readily Obey and Execute all such Commands and Sentences of the said Authority as according to your Office you ought to do by Law You shall deal justly and uprightly and without partiality in the discharge of your Office You shall Extort no Fee Gift or Reward for doing your Office but what you are allowed by Law The Oath of the Jury of Trials between the King and Prisoner YOu shall well and truly try and true deliverance make between our Soveraign Lord the King and the Prisoner at the Bar whom you shall have in Charge and true Verdict give according to your Evidence So help c. The Oath of a Jury of Trials between Party and Party YOu shall well and truly Try the issue between Party and Party and true Verdict give therein according to your Evidence So help c. The Oath of a Jury to inquire of the Death of any Person YOu shall faithfully inquire how or by what means and in what manner and when and where R. K. came by his Death and if you find he was murdered that you inquire by whom and who were Accessaries and that you shall true Verdict give according as you find So help you c. To the Marshal of the County of P. Greeting WHereas A. B. of P. at the County Court held at P. the third tuesday of March last by the Judgment of the said Court Recovered Debt Damage and Costs to the value of Pounds Shillings in Money against C. D. of M. as by Record of said Court appeareth These are therefore in His Majesties Name to Require you on Receipt hereof to repair to the House or Place of usual abode of the said C. D. and there demand the said Sum and two shillings for this Execution and your allowed Fees and upon Refusal or Non-payment that you Levy the same by Distress on the Goods and Chattels and for want thereof upon the Lands of the said C. D. according to Law and for want of Estate that you Levy it on his Body and deliver him to the Keeper of His Majesties Goal at P. there to remain till satisfaction be made of the said Debt Damages and Charges and that you make a true Return hereof and doings hereupon to the Clerk of the said Court Dated c. Per Curiam R. B. Clerk TO the chief Marshal or Marshals of the County of P. or Constable of S. c. you may put in only one of them as the case may be Whereas A. B. of P. Complaineth ahainst C. D. of M. in an Action of Debt to the Damage of five Pounds in Money for Non-payment of fifty shillings in Money due to the said A. B. by Bill Dated c. or by Book or by Account or by Covenant or Contract or for Money Lent or the like which the faid C. D. unjustly detaineth THese are therefore in his Majesties Name to Require you on Receipt hereof to Summon the said A. B. to make his Appearance at the County-Court to be holden at P. the third Tuesday in March next to answer the said Complaint Hereof fail not and make a true Return
hereof and doing hereupon to the said Court Dated at P. c. Per Curiam J. B. Clerk The Officers Return This Summons was Served January c. by M. R. L. Constable Or for an Attachment THese are therefore in his Majesties Name to Require you on Receipt hereof to Attach the Estate to the full value and for want thereof the Body of the said A. B. and take sufficient Security for his Appearance at the county-County-court to be holden at P. the third Tuesday in March next to answer the said complaint and to be forthwith coming six days after Judgment given in the said Case to Respond the Judgment Hereof fail not and make a true Return hereof and doings hereupon to the said Court Dated at P. c. Per Curiam J. B. Clerk The Return I Have Attached the Goods or Lands of said A. B. at his House or Place of Abode to sufficient Value and left Summons Or I have Attached the Body of said A. B. and taken sufficient Security Or I have Attached the Body of said A. B. and delivered him to the Keeper of the Goal at P. for want of Security Per mee R. L. Constable KNow all Men by these Presents that we A. B. D. E. of C. Yoemen c. Are Holden and firmly Obliged unto W. B. Marshal of the County of B. or to T. T. Constable of S. in the penal Sum of Pounds Currant Money of New-England to the true Payment whereof We Bind our selves our Heirs Executors and Administrators joyntly and severally firmly by these Presents Sealed with our Seals Dated c. The Condition of this Obligation is such that if the above Bounden A. B. shall personally appear at the next County Court to be holden at B. to Answer R. F. in an Action of Debt or c. and to abide Trial there and at such Court as shall be Appeated to till Judgment Entred and shall be forth coming six dayes after Judgment that ther this Obligation to be void c. THE TABLE CHAPTER I. The General Fundamentals NUMBER 1. LAws to be made by the Freemen or their Representatives PAGE 1. NUMBER 2. Annual Election by the Freemen PAGE 1. NUMBER 3. Justice to be equally and speedily Administred PAGE 1. NUMBER 4. None to suffer but according to Law and by due course and process of Law PAGE 1. NUMBER 5. All Trials to be by a Jury and liberty to challenge any of them PAGE 1. NUMBER 6. What Testimony required in cases PAGE 2. NUMBER 7. Power to make Wills except in Case PAGE 2. NUMBER 8. The great End of coming into this great Wilderness was liberty to enjoy the pure Worship of God c. Therefore the Churches of Christ here to be protected in their peaceable orderly walking and the Ministers of the Gospel provided for PAGE 2. NUMBER 9. All the foregoing Fundamentals inviolably to be preserved PAGE 3. CHAPTER II. Actions NUMBER 1. Title of Land to be tryed in the County where it lyeth Other Trials where one of the Parties dwells Tryals before a Magistrate whete PAGE 3. NUMBER 2. Time of Entry of Actions Time of the Return of Warrants by the Officer PAGE 3. NUMBER 3. The Charge of Trials PAGE 3. NUMBER 4. Non Attendance on Actions Penalty on the Plaintiff and on the Defendant PAGE 4. NUMBER 5. What shall be ground of Non-Suit and what not PAGE 4. NUMBER 6. No further Plea after the Case is committed to the Jury PAGE 4. NUMBER 7. Warrants when to be served PAGE 4. NUMBER 8. Summons or Attachment I shall be a sufficient Warrant to bring any person to Answer PAGE 4. Number 9. Plaintiff liberty to withdraw Page 4. Number 10. Vexatious Suits Page 4. Number 11. When Judgment to be Entred Page 5. Number 12. Reveiws Page 5. Number 13. Forreigners to give Security to Respond Costs before Summons or Attachment granted on Penalty to the Granter Page 5. Number 14. In Attachment of Goods c. Legal Netice to be given to the Parties concerned and in what Case Execution shall be respited Page 5. Number 15. Lands or Goods Attached when to be released and when not and so of Bonds and Sureties and how the Officer shall make his Return and when he shall deliver the Person to the Jaylor Page 5. Number 16. Attornyes allowed Page 6. Number 17. Barretry to be punished Page 6. Number 18. Who Bailable Page 6. Number 19. No Leavy on Lands where Goods to be found nor Surety distrained where Principal sufficient nor Beast of Plow or Draughts if others may be found Page 6. Number 20. Repleving Page 6. Age Ability Number 21. Age of Discretion Page 6. Appeals Number 22. Liberty to Appeal Page 6. Number 23. Who shall not sit as Judge or Vote in Court appealed to Page 7. Apprizements Number 24. How Apprizements of Land or other state shall be managed Page 7. CHAPTER III. Bills and Bonds Number 1. DEbts by Specialty Good to Assigns Page 8. Number 2. In what Case Actions for Debt by Book or Account to be brought within three years Page 8. Number 3. Merchants Tradesmen and Dealers-Books what Testimony sufficient thereunto Page 8. Number 4. Debts to be paid in Specie Page 8. Number 5. What Testimony good for a Specialty What in some Criminals Page 1. Bridges Number 6. Defeat in Bridges and Highwayes to be presented c. Page 8. CHAPTER IV. Capital Laws Number 1. I Dolatry Page 9. Number 2. Blasphemy Page 9. Number 3. Treason Page 9. Number 4. Conspiring against this Jurisdiction and His Majesties Authority here Established Page 9. Number 5. Willful Murder premeditated Page 9. Number 6. Murder in sudden passion Page 10. Number 7. Through Guile or Poysoning Page 10. Number 8. Witchcraft Page 10. Number 9. Beastiality Page 10. Number 10. Sodomy Page 10. Number 11. False Witness Page 10. Number 12. Man-Stealing Page 10. Number 13. Cursing or Smiting-Father or Mother Page 10. Number 14. Willful Burning Houses or Ships Page 10. Number 15. Articles in all Treaties of Peace to be inviolably kept by his Subjects Felony to serve in Hostile manner any Forreign Prince c. against those that are in Amity with his Majesty without Licence And to suffer pains of Death unless Returning within the time Limited Page 11. Treasons Piracies Felonies c. although committed on the Sea if hither brought within this Colony shall be proceeded against as if committed on the Land by Commission to the Judges of the Admiralty and others Their Power and Indemnification Page 11. The Abettors or Privateers to be punished as Accessaries What is required of Commission Officers in pursuance of this Act. Their power Page 12. Penalty of their Neglect Penalty of Souldiers not obeying their Officers Orders in Execution of the premises Page 12. CHAPTER V. Childrens Education Number 1. SElect mens care that all Children and Servants be brought to read and Catechised or put out where they may Page 12. Coopers and Casks Gage of Cask and Brand. Page