time when Packed And all such other Provision as the Packer shall find wholsome and useful tho' for it's Quality it be not Merchantable he shall cause to be well Packed Salted Filled and Sealed with the Letter R. and such other Letters as may signifie the Town Specie and time of Packing And if any Master of a Ship or other Vessel or any Officers or Marriners belonging thereto shall recieve such Provisions not marked and Sealed as aforesaid aboard any of their Ships or Vessels he or they who shall offend therein shall Forfeit Double the value of all such Provisions and he that owns the Provisions shall Forfeit the same And if any Cooper Penalty for Shifting of Provisions after Sealing or other person shall Shift any Fish or Flesh either on Board or on Shore after the same hath been so Sealed and Marked by the Packer and Ship and Export the same the Packer having not allowed thereof and anew Sealed and Marked the Cask where into such Provisions are Shifted All Persons Acting Ordering or Assisting therein shall be Set in the Pillory not exceeding one hour and shall likewise pay Double Damages to persons wronged thereby And it is further Enacted by the Authority aforesaid Provisions that have lain three months packt in the Summer to be Reviewed That where any such Provisions have lain above three months under the Packers Mark betwixt the Months of May and October they shall again upon Exsportation or Sale be viewed or searched by the Packer that is to say so many of them as may probably discover the Condition of the whole and if any be decayed or deceitfully dealt with the Packer shall Cull and Repack the same so as to distinguish and mark them for Merchantable or refuse according to their Condition And if those who Ship or Export any such Provision shall neglect or refuse such second Search or Survey the Packer is hereby Ordered and Impowred to deface his former Mark and for so doing shall be paid as if he had Repackt the same And if the Owner Refuse to satisfie the Packer such Packer shall have Redress on Complaint to any Justice of the Peace who is hereby Impowred to compel the payment thereof by Distress And it is Further Enacted by the Authority aforesaid That all Tarr that shall be Exposed to Sale within this Province Assize of Cask for Tarr shall be in Barrels half Barrels and thirds of a Barrel of the Measure and Assize following that is to say the Barrel to contain Thirty Gallons the half Barrel and third of a Barrel of the same Cage proportionably and in no other Cask whatsoever And all Cask to be made of the same Assize and Branded by the Cooper as aforesaid on pain of Forfeiture of all such Cask as are not of due Assize And if any Tarr shall be exposed to Sale in any Cask not branded as aforesaid the same shall be likewise Forfeited And further it is Enacted by the Authority aforesaid One half of the Fines Forfeitures to be unto Their Majesties and the other half to the Informer That all Fines Penalties and Forfeitures arising by force and virtue of this Act shall be the one half to Their Majesties towards the Support of the Government of this Province and the other half to him or them that shall Inform and Sue for the same in any of their Majesties Courts of Record within this Province Be it further Enacted by the Authority aforesaid Measurer of Salt and Culler of Fish That there be a Measurer of Salt and Griller of Fish in every Sea-port Town within this Province to be appointed as aforesaid who being likewise Sworn for the faithful Discharge of that Office shall Cull all Merchantable Fish and Measure all Salt that shall be Imported and Sold out of any Ship or other Vessel and shall have three-half-pence for every Hogshead of Salt by him so Measured to be paid the one half by the Buyer the other half by the Seller And one penny per Quintal for every Quintal of Merchantable Fish by him Culled to be paid one half by the Buyer and the other half by the Seller An Act For the Punishing of Criminal Offenders BE it Enacted and Ordained by the Governour Council and Representatives in General Court Assembled and by the Authority of the same Cursing and Swearing That if any person or persons shall prophanely Sware or Curse in the hearing of any Justice of the Peace or shall be thereof Convicted by the Oathes of two Witnesses or Confession of the party before any Justice or Justices of the Peace Every such Offender shall forfeit and pay unto the use of the Poor of the Town where the offence shall be Committed the Sum of Five Shillings And if the Offender be not able to pay the said Sum then to be set in the Stocks not Exceeding two Hours And if any person shall utter more profane Oaths or Curses at the same time and in hearing of the same person or persons he shall forfeit and pay to the use aforesaid the Sum of Twelve pence for every Oath or Curse after the first or be set in the Stocks three Hours Provided that Every offence against this Law shall be Complained of and proved as aforesaid within Thirty dayes next after the offence Committed Presumption Further it is Enacted by the Authority aforesaid That every person Drunkenness Convicted of Drunkenness by view of any Justice of Peace Confession of the party or Oaths of Two Witnesses Such Person so Convicted shall forfeit and pay unto the use of the Poor of the Town where Such Offence is Committed the Sum of Five Shillings for every such Offence And if the Offender be unable to Pay the said Sum to be set in the Stocks not exceeding Three Hours at the Discretion of the Justice or Justices before whom the Conviction shall be And upon a second Conviction of Drunkenness every such Offender over and above the penalty aforesaid shall be bound with two Sureties in the Sum of Ten Pounds with Condition for the good Behaviour And for want of such Sureties shall be sent to the Common Goal until he find the same PROVIDED That no Person shall be Impeached or Molested for any Offence against this Act unless he shall be thereof Presented Indicted or Convicted within six Months after the Offence Committed And the Justice or Justices before whom Conviction of any of the aforesaid Offences shall be are hereby Impowred and Authorized to Restrain or Commit the Offender until the Fine Imposed for such Offence be satisfied or to cause the same to be Levied by Distress and Sale of the Offenders Goods by Warrant directed to the Constable returning the Over-plus if any be all such Fines to be Levied within one Week next after such Conviction and Delivered to the Select Men or Overseers of the Poor for the Use of the Poor as aforesaid It is further Enacted and Ordained by
the Authority aforesaid That whosoever shall Steal or Purloin any Money Goods or Chattels These being thereof Convicted by Confession or Sufficient Witness upon Oath Every such Offender shall Forfeit treble the value of the Money Goods or Chattels so Stollen or Purloined unto the Owner or Owners thereof And be further punished by Fine or Whipping at the discretion of the Court or Justices that have Cognizance of such Offence not exceeding the Sum of Five Pounds or Twenty Stripes And if any such Offender be unable to make Restitution or Pay such Threefold Damages such Offender shall be Enjoyned to make Satisfaction by Service And the Prosecutor shall be and hereby is Impowred to dispose of said Offender in Service to any of Their Majesties Subjects for such Term as shall be Assigned by the Court or Justices before whom the Prosecution was And every Justice of Peace in the County where such Offence is Committed or where the Thief shall be Apprehended is hereby Authorized to Hear and Determine all Offences against this Law PROVIDED That the Damage exceed not the Sum of Forty Shillings And if any Person shall Commit Burglary Burglary by Breaking up any Dwelling-House Warehouse Shop Mill Malt-house Barn Out-House or any Ship or other Vessel lying within the Body of the County or shall Rob any Person in the Field or High-ways Every Person so Offending shall upon Conviction be Branded on the Forehead with the Letter B. and upon a Second Conviction shall be Set upon the Gallows for the space of one Hour with a Rope about his Neck and one end thereof cast over the Gallows and be severely Whipt not exceeding Thirty Nine Stripes And upon a Third Conviction of the like Offence shall Suffer the pains of Death as being Incorrigible and shall likewise upon the First and Second Convictions pay treble Damages to the Party Injured as is Provided in case of Theft And it is further Enacted by the Authority aforesaid Fornication That if any Man Commit Fornication with any single Woman upon due Conviction thereof they shall be Fined unto Their Majesties not exceeding the Sum of Five Pounds or be Corporally Punished by Whipping not exceeding Ten Stripes a piece at the Discretion of the Sessions of the Peace who shall have Cognizance of the Offence And he that is Accused by any Woman to be the Father of a Bastard Child Begotten of her Body she continuing Constant in such Accusation being Examined upon Oath and put upon the Discovery of the Truth in the Time of her Travail shall be adjudged the Reputed Father of such Child Notwithstanding his Denial and stand charged with the Maintenance thereof with the Assistance of the Mother as the Justices in the Quarter Sessions shall Order and give Security to perform the said Order and to save the Town or Place where such Child is Born free from Charge for it's Maintenance and may be Committed to Prison until he find Sureties for the same unless the Plea's and Proofs made and produced on the behalf of the Man accused and other Circumstances be such as the Justices shall see reason to Judg him Innocent and acquit him thereof and otherwise dispose of the Child And every Justice of the Peace upon his Discretion may Bind to the Next Quarter Sessions him that is Charged or Suspected to have Begotten a Bastard Child and if the Woman be not then Delivered the Sessions may Order the Continuance or Renewal of his Bond that he may be forth-coming when the Child is Born Further it is Enacted by the Authority aforesaid That every Justice of the Peace in the County where the Offence is Committed Power of the Justice of Peace may cause to be Staid and Arrested all Affrayers Rioters Disturbers or Breakers of the Peace and such as shall Ride or go Armed offensively before any of Their Majesties Justices or other Their Officers or Ministers doing their Office or elsewhere by Night or by Day in Fear or Affray of Their Majesties Liege People and such others as shall Utter any Menaces or Threatning Speeches And upon view of such Justice or Justices Confession of the Party or other Legal Conviction of any such Offence shall Commit the Offender to Prison until he find Sureties for the Peace and good Behaviour and Seiz and Take away his Armour or Weapons and shall cause them to be Apprized and Answered to the King as Forfeited Breach of the Peace Forcible Entry detainer And may further punish the Breach of the Peace in any person that shall Smite or Strike another by Fine to the King not exceeding Twenty Shillings and Require Bond with Sureties for the Peace or Bind the Offender over to answer it at the next Sessions of the Peace as the Nature or Circumstance of the Offence may be and may make Enquiry of forcible Entry and Detainer and cause the same to be Removed and make out Hue and Crys after Runaway Servants Thiefs and other Criminals And it is further Enacted by the authority aforesaid That if any person or persons of the Age of Discretion which is accounted Fourteen Years Lying and Libessing or Upwards shall wittingly and willingly Make or Publish any Lye or Libel tending to the Defamation or Damage of any particular person or persons Make or Spread any False News or Reports with intent to abuse and deceive others Every such person or persons offending in any of the particulars before-mentioned and being duly Convicted thereof before one or more Justices of the Peace shall be Fined according to the degree of such Offence not exceeding the Sum of Twenty Shillings for the First Conviction and find Sureties for the good Behaviour And if the Party be unable to pay the said Fine then to be Set in the Stocks not exceeding Three Hours or be corporally punished by Whipping at the discretion of the Justice or Justices before whom the Conviction shall be according as the Circumstances or Nature of the Offence shall be And the said Justice or Justices may Restrain and Commit the Offender until he pay the said Fine and find Sureties for the good Behaviour Or may cause the Fine to be Levied by Distress and Sale of the Offenders Goods And the Party or Parties grieved or injured by reason of any of the Offences aforesaid shall or may take his or their Suit against any such Offender or Offenders in any Court of Record It is further Enacted by the Authority aforesaid That if any person or persons upon his or their own Head or Imagination or by false Conspiracy and Fraud with others shall wittingly Forgery subtilly and falsely Forge or Make or subtilly Cause or wittingly Assent to be Forged or Made any False Deed Conveyance or Writing Sealed or the Will of any person or persons in Writing to the intent that the State of Freehold or Inheritance Right Title or Interest of any person or Persons of in or to any Lands Tenements or
in every Sea-port-Town within this Province the Constable or Constables are to provide upon the Towns Charge One Hundred Weight one Half Hundred one Quarter of an Hundred and one Fourteen Pounds Weight made of Iron to be Tried Proved and Sealed as aforesaid and be kept as Standards in the said several Towns to be used as before for other Weights and Measures is directed An Act Against the Counterfeiting Clipping Rounding Filing or Impairing of Coynes WHEREAS divers False and Evil Disposed Persons have attempted and practised for Wicked Lucre and Gains sake to Diminish Impair and Falsifie the Money and Coynes Currant within this Province by Counterfeiting or Clipping Rounding or Filing thereof not only to the great Discredit of the Province and the Government thereof but also to the great Loss and Damage of Their Majesties Subjects and more is like to be if the same be not speedily met withal and prevented For Remedy whereof BE it Enacted and Declared and Established by the Governour Council and Representatives in General Court Assembled and by the Authority of the same That the Coyn of the Late Massachusetts Colony Massachusetts Coyn pieces of Eight of 17 penny weight made currant shall pass currant at the rate it was Stampt for And Pieces of Eight Sevil Pillar and Mexico of full Seventeen penny Weight shall pass Currant at Six Shillings Per Piece and Half Pieces of Due Weight Pro Rato and Quarter Pieces of the same Coin at Sixteen pence Per Piece and Realls of the same Coin at Eight Pence Per piece And whosoever from and after the Publication of this Act shall Attempt and Practice the Counterfeiting or Clipping Rounding Filing or otherwise Diminishing Penalty for Counterfeiting Clipping c. of Coyns or Debasing any of the Monies and Coins Currant within this Province being thereof Lawfully Convicted before the Justices of Assize shall Forfeit double the value of the Money so Counterfeited Clipped Rounded or Filed One Half to Their Majesties towards the Support of the Government And the other Half to the Informer And shall also stand in the Pillory in some open Place in the Shire Town of that County where the Offence is Committed and there have one of His Ears Cut off An Act For the Regulating and Encouragement of Fishery UPon Consideration of great Damage and Scandal That hath happened upon the account of Pickled Fish although afterwards Dried and hardly discoverable To the great Loss of many and also an ill Reputation on this Province and the Fishery of it BE it therefore Enacted by the Governour Council and Representatives Convened in General Court or Assembly and it is Enacted by the Authority of the same That no person or persons whatsoever No Mackerel to be Salted up before the first of July after the Publication hereof shall Save or Salt any sort of Fish that it intended to be dried in Cask or Fattes or any other way then what hath formerly and honestly been practised for the making of dry Fish on penalty of Forfeiting all such Fish so Salted and Pickled whether it be Green or Drye How dry Fish shall be Saved The one Moiety thereof to the use of the Poor of the Town where the Offence is Committed and the other Moiety to the person that shall Sue for the same And it is further Enacted by the authority aforesaid That henceforth no Mackrel shall be Caught except for spending whilst fresh before the first of July annually And no person or persons whatsoever after the publication hereof shall at any time or place within this Province Take Kill or Hale ashore any Mackrell with any sort of Nets or Sa'ens whatsoever on penalty of Forfeiting all such Mackrel so Taken or Haled ashore Penalty for Taking Mackarel in Netts or Sâ—â—â—â—s and also all such Nets and Sa'ens which were so Imployed The one half thereof to Their Majesties towards the Support of this their Government and the other half to him or them that shall Inform and Sue for the same And all Justices are hereby Impowred and Required to Grant their Warrants for the Seizing of the same and the aforesaid Forfeitures or the Receiving of the like value in Currant Mony of this Province An Act For the Establishing of Judicatories Courts of Justice within this Province FOr the more Orderly Regulation and Establishment of Courts of Justice throughout this Province BE it Enacted and Ordained by His Excellency the Governour Council and Representatives Convened in General Assembly And it is hereby Enacted and Ordained by the Authority of the same That all manner of Debts Trespasses Justices Court and other Matters not exceeding the value of Forty Shillings wherein the Title of Land is not Concerned shall and may be heard Tryed Adjudged and Determined by any of Their Majesties Justices of the Peace of this Province within the Respective Countys where he resides Who is hereby Impowred upon complaint made to grant a Warrant or Summons against the Party complained of Seven Days before the day of Tryall or Hearing thereby requiring him or them to appear and answer the said Complaint and in case of Non-Appearance to Issue out a Warrant of Contempt directed to the Constable or other Officer to bring the Contemner before him as well to answer the said Contempt as the Plantiffs Action and if he see cause to Fine the said Contemner PROVIDED the said Fine Exceed not Ten Shillings to be accounted for to the Treasurer of the County towards the Support of the Government and after Judgment given in either Case may grant Warrants of Distress directed to the Constable or other Officer to Levy the said Fine debt or damage with Charges upon the Defendants Goods and Chattels who by vertue thereof shall expose the same to Sale returning the Overplus if any be to the Defendant And for want of such Distress to take the Body of such Defendant into Custody and him to carry and convey to the common Goal of the County or Precinct there to remain until he hath satisfyed the Said Fine Debt or Damage with Charges And in case such Complainant be Non-Suited or Judgment pass against him then the said Justice is hereby Impowred to Assess to the Defendant reasonable Costs against such Complainant to be Levied and recovered in manner form above Expressed And the said Justice is hereby required to keep fair Records of all his proceedings therein from time to time Provided always nevertheless That the Party Cast shall have Liberty to Appeal to the next Inferiour Court of Common Pleas to be Holden for the same County He entring into Recognizance with one sufficient Suretie in double the value of the Debt or Damage Sued for and sufficient to answer all Costs to prosecute the said Appeal there with Effect and to abide the Order of the said Court where such Case shall be Tryed there to receive a Final Issue Provided also That the party Appealing shall bring the Copies of
three dayes after service to be returned and the body brought if within 20 miles c. Under Keepers or Deputy of the said Officers or Keepers that the said Officer or Officers his or their Under Officers Under-Keepers or Deputies shall within three dayes after the Service thereof as aforesaid unless the Commitment aforesaid were for Treason or Felony plainly and specially expressed in the Warrant of Commitment upon payment or Tender of the Charges of bringing the said Prisoner to be Ascertained by the Judge or Court that Awarded the same and Endorsed upon the said Writ not exceeding Twelve-pence per Mile and upon Security given by his own Bond to pay the Charges of carrying back the Prisoner if he shall be Remanded by the Court or Judge to which he shall be brought according to the true intent of this present Act and that he will not make any Escape by the way make Return of such Writ and bring or cause to be brought the Body of the Party so Committed or Restrained unto or before the Chief Justice or any other of the Justices of the Superiour Court And shall then likewise certifie the true Causes of his Detainer or Imprisonment unless the Commitment of the said Party be in any place beyond the distance of Twenty Miles from the place or places where such Court or Person is or shall be Residing and if beyond the distance of Twenty Miles and not above One Hundred Miles then within the space of Ten days and if beyond the distance of One hundred Miles then within the space of Twenty days after such the delivery aforesaid and not longer And to the Intent that no Sheriff Goaler or other Officer may pretend Ignorance of the Import of any such Writ Be it Enacted by the Authority aforesaid That all such Writs shall be Signed by the person that Awards the same Writs of Habeas Corpus and the Proceedings there on in vacation time if any person or persons shall be or stand Committed or Detained as aforesaid for any Crime unless for Felony or Treason plainly expressed in the Warrant of Commitment in the Vaeation time and out of Term it shall and may be lawful to and for the person or persons so committed or detained other than persons convict or in Execution by Legal Process or any one on his or their behalf to appeal or complain to one or more of Their Majesties Justices of the Superious Court and the said Justice or Justices upon view of the Copy or Copies of the Warrant or Warrants of Commitment and detainer or otherwise upon Oath made that such Copy or Copies were denied to be given by such person or persons in whose custody the Prisoner or prisoners is or are deteined are hereby Authorized and Required upon request made in Writing by such person or persons or any on his her or their behalf attested and subscribed by two Witnesses who were present at the Delivery of the same to award and Grant an Habeas Corpus under the Seal of the said Court to be Directed to the Officer or Officers in whose Custody the Party so Committed or Detained shall be Returnable immediately before the said Court Justice or Justices and upon Service thereof as aforesaid the Officer or Officers his or their Under-Officer or Under-Officers Under-Keeper or Under-Keepers or Deputy in whose Custody the Party is so Committed or Detained shall within the times respectively before Limited bring such Prisoner or Prisoners before the said Justice before whom the said Writ is made Returnable and in case of his Absence before any other of them with the Return of such Writ the true Causes of the Commitment Detainor thereupon within two days after the Party shall be brought before the said Court Justice or Justices the said Court or Justice before whom the Prisoner shall be brought as aforesaid shall Discharge the said Prisoner from his Imprisonment taking his or their Recognizance with one or more Surety or Sureties in any Sum according to their Discretions having Regard to the Quality of the Prisoner and nature of the Offence for his or their Appearance in the said Superiour Court the Term following or at the next Assizes Sessions or General Goal Delivery within or for such County or place where the Commitment was or where the Offence was Committed or in such other Court where the said Offence is properly Cognizable as the Case shall Require and then shall Certifie the said Writ with the Return thereof and the said Recognizance or Recognizances into the said Court where such Appearance is to be made unless it shall appear unto the said Court or Justice that the Party so Committed is Detained upon a Legal Process Order or Warrant out of some Court that hath Jurisdiction of Criminal Matters or by some Warrant Signed and Sealed with the Hand and Seal of any of the said Justices or some Justice or Justices of the Peace persons neglecting two Terms to pray a Habeas Corpus shall have none in vacation time inpursuance of this Act officers how to be proceeded against for not obeying such Writer for such Matters or Offences for the which by the Law the Prisoner is not Bailable Provided always and be it Enacted That if any person shall have wilfully neglected by the space of two whole Terms after his Imprisonment to pray a Habeas Corpus for his Enlargement such Person so wilfully neglecting shall not have any Habeas Corpus to be Granted in vacation time in pursuance of this Act. And be it further Enacted by the authority aforesaid That if any Officer or Officers his or their Under Officer or Under Officers Under-Keeper or Under-Keepers or Deputy fuse to make the Returns aforesaid or to bring the Body or Bodys of the Prisoner or Prisoners according to the Command of the said Writ within the Respective Times aforesaid or upon Demand made by the Prisoner or Person in his behalf shall Refuse to Deliver or within the Space of Six Hours after Demand shall not Deliver to the Person so Demanding a True Copy of the Warrant or Warrants of Commitment and Detainer of such Prisoner which he they are hereby Required to Deliver accordingly all every the Head Goalers Keepers of such Prisons such other Person in whose Custody the Prisoner shall be Detained shall for the First Offence Forfeit to the Prisoner or Party grieved the sum of Fifty Pounds for the Second Offence the Sum of One Hundred Pounds and shall and is hereby made incapable to hold or execute his said Office the said Penalties to be recovered by the Prisoner or Party grieved his Executors or Administrators against such Offender his Executors or Administrators by any Action of Debt Suit Bill Plaint or Information in any Court of Record wherein no Essoign Protection Priviledge Injunction Wager of Law or stay of Prosecution by Non vult ulterius Prosequi or otherwise shall be admitted or allowed and any
Dwell Publishment how to be made or by Posting up their Names and Intention at some publick place in each of the said Towns fairly written there to stand by the space of Fourteen Days and producing Certificate of such Publishment under the Hand of the Town Clerk or Constable of such Towns respectively Fee for Marriage c. And the Fee to be paid for every Marriage shall be Three Shillings and for Publishment and Certificate thereof One Shilling And be it further Enacted That whoever shall presume to deface or pull down any such Publishment Penalty for pulling down publishments posted up in Writing before the Expiration of the time shall be Fined to the use of the Poor of the Town the Sum of Ten Shillings being Convicted thereof before one or more Justices of the Peace And if the Party be unable to pay the said Fine then to be Set in the Stocks one whole Hour And every Justice and Minister shall keep a particular Register of all Marriages Solemnized before any of them Marriages to be Registred and make a Return thereof at the end of each Quarter of a year unto the Clerk of the Sessions of the Peace within the same County to be by him Registred who is hereby Impowred thereto and shall be paid by every such Justice and Minister Three-Pence for each Marriage so Returned And it is further Enacted by the Authority aforesaid That all Controversies concerning Marriage and Divorce Divorce shall be Heard and Determined by the Governour and Council An Act For the Setlement and Support of Ministers and School-Masters BE it Ordained and Enacted by the Governour Council and Representatives Convened in General Court or Assembly and by the Authority of the same That the Inhabitants of each Town within this Province shall take due care from time to time to be constantly provided of an Able Learned Orthodox Minister or Ministers of good Conversation to Dispense the Word of God to them which Minister or Ministers shall he suitably Encouraged and sufficiently Supported and Maintained by the Inhabitants of such Town Contracts Agreements to be made good And all Contracts Agreements and Orders heretofore made or that shall hereafter be made by the Inhabitants of any Town within this Province respecting their Ministers or School-Masters as to their Settlement or Maintainance shall remain good and valid according to the true Intent thereof the whole time for which they were or shall be made in all the particulars thereof and shall accordingly be pursued put in Execution and Fulfilled And where there is no Contract and Agreement made in any Town respecting the Support and Maintainance of the Ministry or when the same happens to be Expired and the Inhabitants of such Town shall neglect to make suitable provision therein Upon Complaint thereof made unto the Quarter Sessions of the Peace for the County where such Town lies Neglect of making suitable provision for Ministers to be redressed by the Quarter Sessions The Court of Quarter Sessions to take care that no Town be destitute of a Minister the said Court of Quarter Sessions shall and hereby are Impowred to Order a Competent Allowance unto such Minister according to the Estate Ability of the Town the same to be Assessed upon the Inhabitants by Warrant from the Court directed to the Select-men who are thereupon to proceed to make and proportion such Assessment in manner as is directed for other Publick Charges and to cause the same to be Levied by the Constables of such Town by Warrant under the Hands of the Select-men or of the Town Clerk by their Order Be it further Enacted by the authority aforesaid That where any Town shall be destitute of a Minister qualified as aforesaid and shall so continue by the space of six Months not having taken due care for the procuring Setling and Encouragement of such Minister the same being made to appear upon Complaint unto Their Majesties Justices at the General Sessions of the Peace for the County the said Court of Quarter Sessions shall and hereby are Impowred to make an Order upon every such defective Town speedily to provide themselves of such Minister as aforesaid by the next Sessions at the furthest and in case such Order be not complied with then the said Court shall take effectual care to procure and Settle a Minister qualified as aforesaid and Order the Charge thereof and of such Ministers Maintainance to be Levied on the Inhabitants of such Town And it is further Enacted by the Authority aforesaid That the Respective Churches in the several Towns within this Province shall at all times hereafter Use Exercise and Enjoy all their Priviledges and Freedoms respecting Divine Worship Churches to enjoy their Priviledges Freedoms Church-Order and Discipline And shall be Encouraged in the peaceable and regular Profession and Practice thereof And further it is Enacted That every Minister being a person of good Conversation Able Ministers Chosen by the major part of the Inhabitants to be the Minister of such Town Learned and Orthodox that shall be Chosen by the major part of the Inhabitants in any Town at a Town-Meeting duly warned for that purpose notice thereof being given to the Inhabitants fifteen days before the time for such Meeting shall be the Minister of such Town and the whole Town shall be obliged to pay towards his Settlement and Maintainance each man his several proportion thereof And it is further Enacted by the Authority aforesaid That every Town within this Province School for Reading and Writing Grammar School having the Number of Fifty House-holders or upwards shall be constantly provided of a School-Master to Teach Children and Youth to Read and Write And where any Town or Towns have the number of One Hundred Families or Housholders there shall also be a Grammar School set up in every such Town and some discreet person of good Conversation well Instructed in the Tongues procured to keep such School Every such School-Master to be suitably Encouraged and Paid by the Inhabitants And the Select-men and Inhabitants of such Towns respectively shall take effectual care and make due provision for the Settlement and Maintenance of such School-Master and Masters School-masters to be Supported And if any Town Qualified as before exprest shall neglect the due Observance of this Act for the Procuring Settling of any such School-Master as aforesaid by the space of one year Every such Defective Town shall incur the penalty of Ten Pounds for every Conviction of such Neglect Penalty for Neglect upon Complaint made unto Their Majesties Justices in Quarter Sessions for the same County in which such Defective Town lieth which penalty shall be toward the Support of such School or Schools within the same County where there may be most need at the discretion of the Justices in Quarter Sessions to be Levied by Warrant from the said Court of Sessions in proportion upon the
use of the Poor of such Town and to be Levied by Distress upon such Delinquent Constables Goods by Warrant from one Justice of the Peace being Convented and Convicted of such Neglect before him who is hereby thereto Impowred Provided nevertheless that every Constable at the end of every Three Months shall pay in as aforesaid so much as he shall have Collected within that time And it is further Enacted by the Authority aforesaid That the Select-men or Overseers of the Poor in each Town where there are such Chosen and specially Appointed for that Service are hereby Impowred and Ordered to take effectual care that all Children Youth Idle Persons and Loiterers to be Imployed Upon refusal to labour to be sent to the House of Correction and other persons of able Body living within the same Town or Precincts thereof not having Estates otherwise to Maintain themselves do not live Idly or mispend their time in Loitering but that they be brought up or imployed in some honest Calling which may be profitable unto themselves and the Publick And if any person or persons fit and able to work shall refuse so to do but loiter mispend his or her time wander from place to place or otherwise misorder themselves and thereof be Convicted before one or more Justices of the Peace such person or persons shall by such Justice or Justices be sent to the House of Correction and at their Entrance be whipped on the naked back by the Master of such House or such other as he shall procure not exceeding Ten Lashes and be there kept to hard Labour until he or she be discharged by such Justice or Justices or the Quarter Sessions of the Peace for the same County And it shall and may be lawful for the Overseers of the Poor or Select-men in each Town where there are no other persons specially Chosen and Appointed to be Overseers of the Poor Poor Children to be bound out Apprentices and they are hereby Ordered with the Assent of two Justices of the Peace to Bind any poor Children belonging to such Town to be Apprentices where they shall see convenient a Man Child until he shall come to the Age of Twenty One Years and a Woman Child to the Age of Eighteen Years or time of Marriage which shall be as effectual to all Intents and purposes as if any such Child were of full Age and by Indenture of Covenant had bound him or her self And it is further Enacted by the Authority aforesaid That every person and persons except as in this Act is before excepted being duly Chosen as aforesaid to Serve in the Office of Constable Penalty for not Serving in the Office of Constable who shall refuse to take the Oath to that Office belonging and to Serve therein if he be able in Person to Execute the same shall pay the Sum of Five Pounds to the use of the Poor of such Town And if in the Towns of Boston or Salem the Sum of Ten Pounds and shall forthwith declare his acceptance or refusal and the Town shall proceed to a new Choice and if such person refuse to pay down his Fine he shall be Convented before the next Sessions of the Peace to be held for that County in which such Town lieth who upon Certificate under the Hand of the Town Clerk or two or more of the Select-men that such person was Legally Chosen to the Office of Constable and shewing no just cause to the Sessions for his Excuse the Justices shall Order a Warrant to be Signed by the Clerk of the Peace directed to any of the Constables then in being within such Town to Levy the said Fine by Distress and Sale of such Offenders Goods returning the Over-plus if any be said Fine to be Delivered unto the Overseers of the Poor or Select-men to the Use of the Poor of such Town And be it further Enacted by the Authority aforesaid That if any person or persons come to Persons Entertained in any Town by the space of 3 months and not warned out to be reputed Inhabitants Sojourn or Dwell in any Town within this Province or Precincts thereof and he there Received and Entertained by the space of Three Months not having been warned by the Constable or other Person whom the Select-men shall Appoint for that Service to leave the place and the names of such persons with the time of their Abode there and when such warning was given them returned unto the Court of Quarter Sessions every such person shall be Reputed an Inhabitant of such Town or Precincts of the same and the proper Charge of the same in case through Sickness Lameness or otherwise they come to stand in need of Relief to be born by such Town Unless the Relations of such poor impotent person in the Line or Degree of Father or Grandfather Persons of Ability to releive their poor Relations Mother or Grand-Mother Children or Grand-Children be of sufficient ability then such Relations respectively shall Relieve such poor person in such manner as the Justices of the Peace in that County where such sufficient Persons Dwell shall Assess on pain that every one failing therein shall Forfeit Twenty Shillings for every Months Neglect to be Levied by Distress and Sale of such Offenders Goods by Warrant from any two such Justices of the Peace Quorum Unus within their Limits which shall be imployed to the Use and Relief of such impotent poor person PROVIDED nevertheless this Act shall not be understood of any persons Committed to Prison or lawfully Restrained in any Town or of such as shall come or be sent for Nursing or Education or to any Physician or Chirurgeon to be Healed or Cured but the particular persons who Receive and Entertain any such shall be the Towns Security in their behalf and be obliged to Relieve and Support them in case of need upon Complaint made to the Quarter Sessions who shall accordingly Order the same And it is further Enacted by the Authority aforesaid That any person orderly warned as aforesaid to depart any Town whereof he is not an Inhabitant and Neglecting so to do by the space of Fourteen Days next after such warning given Persons warned out of any Town to depart in 14 days or else to be sent by the Constable may by Warrant from the next Justice of the Peace be sent and conveyed from Constable to Constable unto the Town where he properly belongs or had his last Residence at his own Charge if able to pay the same or otherwise at the Charge of the Town so sending him And further it is Enacted by the Authority aforesaid That when and so often as there shall be occasion of a Town-Meeting for any Business of Publick Concernment to the Town there to be done Constables to warn Town-Meetings The Constable or Constables of such Town by order from the Select-men or major part of them or of the Town Clerk by their
the whole Case to said Court and each party shall be there allowed the benefit of any further Plea or Evidence And if upon any such new Plea or Evidence the Judgement happen to be Reversed and Appellant shall have no Costs Granted for the first Tryal Be it further Enacted and Ordained by the authority aforesaid Quarter Sessions of the Peace That there shall be Held and Kept in each Respective County within this Province yearly at the times and places hereafter named and expressed Four Courts or Quarter Sessions of the Peace by the Justices of the Peace of the same County who are hereby Impowred to Hear and Determine all Matters relating to the Conservation of the Peace and Punishment of Offenders and whatsoever is by them Cognizeable according to Law That is to say For the County of Suffolk at Boston on the first Tuesdays in March Junc September and December For the County of Plymouth at Plymouth on the third Tuesdayes in March June September and December For the County of Essex at Salem on the last Tuesdayes in June and December at Ipswich on the last Tuesday in March and at Newbury on the last Tuesday in September For the County of Middlesex at Charlstown on the second Tuesdayes in March and December at Cambridge on the second Tuesday in September and at Concord on the second Tuesday of June For the County of Barnstable at Barnstable on the first Tuesdayes in April July October and January At Bristol for the County of Bristol on the second Tuesdays in April July October and January For the County of York at York on the First Tuesdayes in April and July and at Wells on the first Tuesdayes in October and January and for the County of Hampshire at North-hampton on the First Tuesdayes in March and June at Springfield on the last Tuesdayes in September and December and that there be a General Sessions of the Peace Held and Kept at Edgar Town upon the Island of Capawock alias Martha's Vineyard and on the Island of Nantucket respectively upon the last Tuesday in March and on the first Tuesday of October yearly from time to time And it is further Enacted by the Authority aforesaid That at the times and places-before mentioned Courts of Common Pleas there shall be Held and kept in each Relpective County and Islands before-named within this Province an Inferiour Court of Common Pleas by four of the Justices of and Residing within the same County and Islands respectively to be appointed and commissionated thereto any Three of whom to be a Quorum for the hearing and determining of all Civil Actions arising or hapning within the same tryable at the common Law of what nature kind or quality soever and upon judgment given therein to award Execution Appeal to the Superiour Court PROVIDED nevertheless That it shall be in the Liberty of the party cast in any of the said Inferiour Courts to Appeal from the Verdict and Judgment given therein unto the next Superiour Court to be held within or for the same County the case there to be Tryed to a Final Issue Review Or by a new Process once and no more to review the said case in the same Court where it was first Tryed and within the space of ten days after judgment given upon such Tryall by review the party agrieved may bring his Wrirt of Error for a Tryall of the said Case at the next Superiour Court to be held within or for the same County there to receive a Final Issue and Determination PROVIDED also that the Party Appealing or bringing any Writt of Error as aforesaid shall first enter into Recognizance with sufficient Sureties before one or more of the Justices of the Court appealed from and upon Writt of Error before one or more of the Justices of the Superiour Court in double the value of the Debt or Damage recovered that he will prosecute the same Appeal or Writt respectively with effect and abide the Order of the Court no Appeal to be admitted after the time of the Courts Sitting nor after Execution Granted and the Party Appealing to bring the Copies of the whole Case unto the Superiour Court where each Party shall be allowed the benefit of any new and further Plea Evidence And if upon any such new Plea and Evidence the Judgement happen to be Reversed the Appellant shall have no Cost granted him for the first Tryal PROVIDED also That every Appellant as aforesaid shall give in a Declaration briefly setting forth the Reasons of his Appeal unto the Clerk of the Court Appealed from fourteen days inclusively before the Sitting of that Court where such Appeal is to be Tryed And it is further Enacted by the authority aforesaid That there shall be a Superiour Court of Judicature over this whole Province Superiour Court to be Held and Kept annually at the Respective Times and Places hereafter mentioned by one Chief Justice and four other Justices to be Appointed and Commissionated for the same Three of whom to be a Quorum who shall have Cognizance of all Pleas Real Personal or Mixt as well in all Pleas of the Crown and in all Matters Relating to the Conservation of the Peace and Punishment of Offenders as in Civil Causes or Actions between Party and Party and between Their Majesties and any of their Subjects whether the same do Concern the Realty and Relate to any Right of Freehold and Inheritance or whether the same do concern the Personalty and Relate to matter of Debt Contract Damage or Personal Injury and also in all Mixt Actions which may Concern both Realty and Personalty and after Deliberate Hearing to give Judgment and Award Execution thereon The said Superiour Court to be Held and Kept at the times and places within the Respective Counties following That is to say within the County of Svffelk At Boston on the last Tuesdayes of April and October Within the County of Middlesex at Charistewn on the last Tuesdayes of July and January Within the County of Fssex at Salem on the Second Tuesday of November and at Ipswich on the Second Tuesday of May. Within the Counties of Plimouth Barnstable and Bristol At Plimouth on the last Tuesday of February and at Bristol on the last Tuesday of August And be it further Enacted by the authority aforesaid That the Tryal of all Civil Causes by Appeal or Writ of Error from any of the Inferiour Courts within the Respective Counties of York or Hampshare the Islands of Capawock alias Martha's-Vineyard and Nantucket shall be in the Superiour Court to be Held at Boston or Charlstown And further it is Enacted That when Court of Assize General Goal Delivery and in what County soever the said Superiour Court shall Sit the Justices thereof shall Hold a Court of Assize and General Goal Delivery for the said County at the same time as occasion shall be And there shall be Held and Kept a Court of Assize and General
Goal Delivery for the Respective Counties and Places of York Hampshire the Islands of Capaweek alias Martha's-Vineyard and Nantucket within the same from time to time as the Governour and Council advising with the Justices of the Superiour Court shall Direct and Appoint according as occasion may be And it is further Enacted by the authority aforesaid Plaintiffs liberty to begin his Suit in the Inferiour or Superiour Court That it shall be in the Liberty of any Plaintiff to begin his Suit either in the Inferiour or Superiour Court at his pleasure and where the Original Process is made out of the Superiour Court the Party Cast shall have Liberty to Review his Case in the said Superiour Court once and no more PROVIDED Nevertheless That none of the said Inferiour Courts shall Receive any Action under the value of Forty Shillings nor shall any Action under the value of Ten Pounds be brought into the Superiour Court unless where Freehold is concerned No Action under Ten Pounds to come originally to the Superiour Court or upon Appeal And it is further Enacted by the Authority aforesaid That all Matters and Issues in Fact arising Matters of Fact to be Tryed by a Jury or happening within the said Province shall be Tryed by Twelve Good and Lawful Men of the Neighbourhood And that no person or persons shall be Chosen and Returned to Serve upon any such Jury but such as shall have a Real Estate of Freehold worth Forty Shillings per Annum or Personal Estate worth Fifty Pounds And for the more equal returning and appearance of Jurors to Serve in the several Courts It is Enacted by the Authority aforesaid That the Clerk of each Court respectively in convenient time Jurors how to be Chosen before the Sitting of such Coust shall Issue out Warrants directed to the Constables of the several Towns within the County or Jurisdiction of said Court or the most principal of them to Assemble the Frecholders and other Inhabitants of each several Town qualified as aforesaid to Serve as Jurors Requiring them to Choose so many good and lawful Men as the Warrant shall direct for Grand and Petit Jurors to serve at such Court and the Constable shall Summon the Persons so Chosen to attend accordingly at the time and place appointed and make timely Return of his Warrant unto the Clerk that Granted the same And no Person Serving as a Justice Juror Witness or otherwise shall be obliged to use any other Ceremony in taking of their Respective Oaths then lifting up the Hand as has been accustomed And be it further Enacted by the Authority aforesaid All Processes and Writs to Issue forth in Their Majesties Names Town-Clerk to grant Attachments for Cases triable before one Justice and Summons for Witnesses That all Processes and Writs shall Issue out of the Clerks Office of the said Respective Courts in Their Majesties Names under the Seal of the said Office and Signed by the Clerk and be directed to the Sheriff or Marshal of the County his Under-Sheriff or Deputy And where the Sum Sued for is under Ten Founds to direct also to the Constable of the Town PROVIDED Nevertheless That Replevins Summons and Attachments for any matter or cause Tryable before one Justice of the Peace and Summons for Witnesses in civil Cases may be Granted by the Town Clerk and directed to the Constable of such Town or to the Party to be Summoned for Witness And the Clerk of each Town respectively within this Province is hereby Impowred to Make and Grant such Writs and Processes as aforesaid and the Constable or Constables of such Town are Required to Execute them And all Procenes for Appearance as well in the Inferiour Court of Pleas as the Superiour Court of Judicature shall be Served and Executed fourteen days before the Sitting of such Court wherein such Writs shall be returnable and that all proper Original Processes in the said Courts shall be Summons Capias or Attachment And in case upon any such Summons duly Served and Affidavit thereof made in Court the Defendant do not appear by himself or his Attourney lawfully Authorized Judgment shall pass against him by Default And it is further Enacted and Declared by the Authority aforesaid That the Justices of the said several Courts be and hereby are Impowred to make necessary Rules and Orders for the more orderly practising and proceeding in said Courts Justices of Courts to make necessary Rules Orders and that no Summons Process Writ Judgment or other Proceeding in Courts or course of Justice shall be abated arrested or reversed upon any kind of Circumstantial Errors or Mistakes where the person and case may be rightly understood and intended by the Court nor through defect or want of form only And all Writs Processes Declarations Pleas Answers Replications and Entries in all the said Courts shall be in the English Tongue and no other And that it shall be in the Liberty of every Plaintiff or Defendant in any of the said Courts to Plead and Defend his own Cause in his proper person or with the Assistance of such other as he shall procure being a person not Scandalous or otherwise offensive to the Court. And it is hereby further Enacted by the authority aforesaid That there be a High Court of Chancery within this Province Court of Chancery who shall have Power and Authority to Hear and Determine all Matters proper and Cognizeable to said Court not Relievable by common Law the said Court to be Holden and Kept by the Governour or such other as He shall Appoint to be Chancellor Assisted with Eight or more of the Council who may appoint all necessary Officers to the said Court which said Court shall Sit and be Held at such times and places as the Governour or Chancellor for the time being shall from time to time Appoint PROVIDED Nevertheless That the Justices in any of the Courts aforesaid where the Forfeiture of any Penal Bond is found shall be and hereby are Impowred to Chancer the fame unto the just Debt and Damages Provided also Appeal to Their Majesties in Council That either Party not resting satisfied with the judgment or Sentence of any of the said Judicatories or Courts in personal Actions where in the matter in Difference doth exceed the value of Three Hundred Pounds Sterling and no other may Appeal unto Their Majesties in Council such Appeal being made in time and Security given according to the Directions in the Charter in that behalf And it is further Enacted by the authority aforesaid That Two Shillings Per Diem shall be accounted due satisfaction to any Witness for his Travel and Expences Witnesses allowance and no more to be allowed in civil Causes and if such Witness live within Three Miles of the Place of the Courts Sitting whereto he is Summoned and be not to pass any Ferry then One Shilling and Six-pence Per Diem shall be accounted sufficient And
if any person or persons upon whom any Process out of any Court of Record shall be Served to Testifie or Depose concerning any Cause or matter Depending in any of the same Courts and having tendred unto him or them such reasonable Sums of Mony for his or their Costs and Charges as having regard to the distance of the places is necessary to be allowed in that behalf do not appear according to the Tenor of the Process having no lawful or reasonable Let or Impediment to the contrary Penalty for Non-appearance that then the party so making Default shall for every such Offence Lose and Forfeit Forty Shillings and shall yield such further Recompence to the Party grieved as by the Discretion of the Justices of the Court out of which such Process Issued shall be Awarded according to the Loss and Hindrance that the Party which procured the said Process shall sustain by reason of the Non Appearance of the said Witness or Witnesses the said several Sums to be Recovered by the Party so grieved against the Offender or Offenders by Action of Debt Bill Plaint or Information in any of Their Majesties Courts of Record in which no Wager of Law Essoign or Protection to be Allowed Justices may Grant Summons Capias or Attachment It is further Declared and Enacted by the authority aforesaid That every Justice of the Peace may Grant Summons Capias or Attachment in all Civil Actions Triable before him An Act Requiring the Taking the Oaths appointed to be taken instead of the Oaths of Allegiance and Supremacy WHEREAS Their Royal Majesties in and by Their Charter for the Erecting and Incorporating of Their Province of the Massacausests-Bay in New-England Have Granted and Ordained That the Governour or Lievtenant or Deputy Governour of Their said Province or Territory for the time being or either of them or any Two or more of the Council or Assistants for the time being as shall be thereunto appointed by the said Governour shall and may at all times and from time to time have full Power Authority to Administer Give the Oaths appointed by an Act of Parliament made in the First Year of Their present Majesties Reign Entituled An Act for the Abrogating of the Oaths of Allegiance and Supremacy and appointing other Oaths to be taken stead of the Oaths of Allegiance and Supremacy to all and every person and Persons which are now Inhabiting or Residing within the said Province or Territory Or which shall at any time or times hereafter go or pass thither Now to the Intent that there be no failure herein but that Their Majesties Subjects within this Their Province may accordingly Recognize their Duty and Allegiance BE it Enacted and Ordained by His Excellency the Governour Council and Representatives in General Court Assembled And by the Authority of the same That the Oaths in said Act mentioned and thereby appointed to be taken in stead of the Oaths of Allegiance and Supremacy All male persons of 18 years and upwards to take the oaths and each of them be and shall be forthwith Administred and given unto all Male persons of the Age of Eighteen Years or above Inhabiting or Residing in any Town or Place within this Province that have not already taken the same and shall make it so appear by his Excellency the Governour or the Lievtenant or Deputy Governour or any two or more of the Council or Assistants or such others as shall be thereunto appointed by the Governour and the List of the Names of all persons so Sworn to be returned into the Secretary ' s Office And be it further Enacted by the Authority aforesaid That if any person or persons shall refuse to take the said Oaths Penalty for refusing or either of them when tendered to him or them by any persons lawfully Authorized as is aforesaid to Administer or Tender the same the person or persons so Tendering the said Oaths or either of them shall commit the said person and persons so refusing to the Common Goal or House of Correction there to remain without Bail or Mainprize for the space of Three Months Unless such Offender shall pay down to the said person or persons so Tending the said Oaths or either of them such Sum of Money not exceeding Forty Shillings as the said person or persons so Tendring the said Oaths or either of them shall require such Offender to pay for his said refusal which Money shall be paid to the Select-Men or Overseers of the poor of the Town or place where such Offender did last inhabit AND Unless every such Offender shall also become bound with two Sufficient Sureties with Condition to be of the Good Behaviour and also to appear at the next General Quarter-Sessions of the Peace to be held for the fame County where such Offender doth Inhabit or Reside at which Court of Quarter Sessions the said Oaths shall be again Tendered to every such Offender by the Justices of the said Court in open Sessions And if the said Offender shall refuse to take the said Oaths or either of them when Tendred to him by the said Justices in open Sessions as is aforesaid the said Justices Tendring the said Oaths shall Commit the said Person and Persons so refusing to the Common Goal or House of Correction there to remain for the space of six Months unless every such Offender shall pay down to the Justices so Tendring the said Oaths such Sum of Money not exceeding Ten Pounds nor under Five Pounds as the said Justices shall require such Offender to pay for his Second Refusal the said Money to be disposed of in manner aforesaid and unless every such Offender shall likewise become bound with Two Sufficient Sureties with Condition to be of the good Behaviour until he or they do take the said Oaths And whereas there are certain persons who scruple the taking of any Oath Be it Enacted by the Authority aforesaid That every such Person shall Make and Subscribe the Declaration of Fidelity following viz. I A. B. Do sincerely Promise Declaration of fidelity and solemnly Declare before God and the World That I will be True and Faithful to King WILLIAM and Queen MARY And I do Solemnly Profess and Declare that I from my Heart Abhor Detest and Renounce as Impious and Heretical that Damnable Doctrine and Position That Princes Excommitted cated or Deprived by the Pope or any Authority of the SEE of ROME may be Deposed or Murdered by their Subjects or any other whatsoever And I do Declare that no Forreign Prince Person Prelate State or Potentate hath or ought to have any Power Jurisdiction Superiority Preheminence or Authority Ecclesiastical or Spiritual within the Realm of Engiand or any of Their Majesties Dominions An Act For the Establishing of Form's of Oaths BE it Declared and Enacted by the Governour Council and Representatives in General Court Assembled And hy the Authority of the same That the several Forms of Oaths
shall be appointed and Impowred to grant the same Writ for Calling an Assembly WILLIAM and MARY by the Grace of God of England Scotland France and Ireland King and Queen Defenders of the Faith c. TO Our Sheriff or Marshal of Our County of Greeting WEE Command that upon Receipt hereof You forthwith make out your Precepts directed unto the Select-Men of each Respective Town within your Precinct Requiring them to cause the Free-holders and other Inhabitants of their several Towns duly qualified as in and by our Royal Charter is directed to Assemble at such time and place as they shall Appoint to Elect and Depute one or more persons being Freeholders within our said Province according to the Number Set and Limited by an Act of our General Assembly within the same to Serve for and Represent them respectively in a Great and General Court or Assembly by us appointed to be Convened Held and Kept for our Service at the Town-House in Boston upon _____ the _____ Day of _____ next Ensuing the Date of these Presents And to cause the person or persons so Elected and Deputed by the major part of the Electors present at such Election to be timely Notified and Summoned by the Constable or Constables of such Town to attend our Service in the said Great and General Court or Assembly on the Day above prefixed by nine in the morning and so de Die in Diem during their Session and Sessions and to Return the said Precepts with the Names of the Persons so Elected and Deputed unto Your self Whereof you are to make Return together with this Writ and of your Doings therein under your Hand into our Secretary's Office at Boston one day at the least before the said Courts Sitting Hereof you may not Fail at your Peril Witness Sir W.P. Knight Our Captain General and Governour in Chief in and over our Province of the Massachusetts-Bay in New-England Given at Boston under the Publick Seal of our Province aforesaid the _____ day of _____ 169 In the _____ Year of our Reign By His Excellencies Command _____ Suffolk ss IN Observance of Their Majesties Writ to me directed These are in Their Majesties Names to Will and Require you forthwith to cause the Freeholders and other Inhabitants of your Town that have an Estate of Freehold in Land within this Province or Territory of Forty Shillings Per Annum at the least or other Estate to the value of Forty Pounds Sterling to Assemble and meet at such time and place as you shall appoint then and there to Elect and Depute one or more Persons being Freeholders within the Province according to the number set and Limited by an Act of the General Assembly to serve for and Represent them in a Great and General Court or Assembly Appointed to be Convened held and kept for Their Majesties Service at the Town House in Boston upon _____ the _____ _____ day of _____ next _____ Ensuing the Date hereof and to cause the person or persons so Elected and Deputed by the Major part of the Electors present at such Election to be timely Notified and Summoned by one or more of the Constables of the Town to attend Their Majesties Service in the said Great and General Court or Assembly on the Day above prefixed by Nine in the Morning and so De Die in Diem during their Session and Sessions Hereof Fail not and make return of this Precept with the Names of the person or persons so Elected and Deputed with their being Summoned unto my self on or before the _____ _____ day of _____ abovesaid Given under My Hand and Seal at _____ the _____ Day of _____ 169 In the _____ Year of Their Majesties Reign To the Select-Men of the Town of _____ Greeting A. B of the County of _____ Return PUrsuant to the Precept within Written the Freeholders and other Inhabitants of this Town Qualified as is therein directed upon due Warning given Assembled and met together the _____ Day of _____ _____ and then did Elect and Depute A. B. and C. D. to serve for and Represent them in the Session and Sessions of the Great and General Court or Assembly appointed to be begun and hold at Boston on _____ the _____ day of _____ the said persons being Chosen by the major part of the Electors present at said Meeting Dated in _____ the _____ Day of _____ Select-Men _____ _____ _____ _____ _____ The Persons Chosen are Select-Men Notified thereof and Select-Men Summoned to attend accordingly By me A. B. Constable of C. Select-Men Summons for appearance before a Justice Essex ss TO the Sheriff or Marshal of the said County or either of their Deputies or Constables of the Town of S. or to any or either of them In Their Majesties Names You are Required to Summon and give Notice unto T. P. of _____ if he may be found in your Precincts that he appear before me J. H. Esq one of Their Majesties Justices of the Peace for the County aforesaid at my Dwelling House in S on _____ being the _____ day of _____ at _____ of the Clock in the Forenoon then and there to Answer E. L. _____ in a Plea of _____ to the value of _____ as shall then and there appear with all due Damages making true Return as the Law directs You are also hereby further Required to Signifie unto the said T. P. That he may not Fail in the Premises as he will Answer the Contempt at the Peril of the Law in this case made and provided Dated in _____ the _____ day of _____ In the _____ Year of Their Majesties Reign Warrant for contempt Essex ss TO the Sheriff or Marshal of the said County or Constables of the Town of S. or to any or either of them Greeting Whereas T. P. of _____ Cooper was Served with Summons Granted by me J. H. Esq one of the Justices of the said County for his Appearance before me on _____ the _____ day of _____ past to Answer E. L. of _____ Merchant in a plea of _____ to the value of _____ with due Damages the said T. P. making Default in appearance These are in Their Majesties Names to Will and Require you therefore to take the Body of the said T. P. if he may be found in your Procinct and him safely keep so that he may be had before me on _____ being the _____ day of _____ at _____ of the Clock in the Forenoon as well to Answer the said E. L. of his Plea aforesaid as for his Contempt making true Return of this Writ as the Law directs Dated at _____ the _____ day of _____ In the _____ Year of Their Majesties Reign Attachment before a Justice of the Peace Suffolk ss TO the Sheriff or Marshal of the said County or either of their Deputies or Constables of the Town of B. or to any or either of them In Their Majesties Names You are Required to Attach the Goods or Estate of J. N. of
aforesaid Sums We Command you to take the Body of the said D. E. and him Commit unto the Keeper of our Goal in B. within the said Prison whom we likewise Command to receive the said D. E. and him safely to keep until he pay unto the said A. B. the full Sum above-mentioned and be by him Released and also satisfie your Fees and this Writ with your doings therein you are to Return unto our said _____ Court _____ to be Holden at B. upon the last Tuesday in _____ Moneth next Witness J. R. Esq in B. the _____ day of _____ 169 In the _____ Year of our Reign J. VV. Scire Facias VVILLIAM and MARY c. To our Sheriff or Marshal of our County of S. c. Greeting Whereas C. D. before our Justices of our _____ Court of _____ Holden for or within our said County of S _____ at B _____ the last Tuesday of _____ in the _____ Year of our Reign By Consideration of our said Justices Recovered against A. B. of B Yeoman _____ Pounds Debt or Damage and also _____ Shillings for Costs and Charges by him about his Suit in that behalf Expended whereof the said C.D. is Convict as to us appears of Record and although the Judgement be thereof Rendred yet the Execution of the said Debt and Costs doth yet remain to be made whereof the said C. D. hath Supplicated us to provide Remedy for him in that behalf Now to the end That Justice be done We command you that by honest and lawfull men of your Precinct you make known to the said C D that he be before our Justices of our _____ Court of _____ to be Holden in or for our said County of S. at B. on the last Tuesday of _____ next to shew cause if any he have wherefore the said C. D. ought not to be have his Execution against him of the Debt and Cost aforesaid And further to do and receive that which our said Court shall then Consider and have there then the Names of them by whom to him you make known the same and this Writ Witness J. R. Esq at B. the _____ day of _____ In the _____ Year of our Reign J. W. Summons to give Evidences Suffolk ss TO A. B. of C. In Their Majesties Names you are Required to make your Appearance before Their Majesties Justices on the next _____ Court of _____ to be Holden for or within the County aforesaid at B upon the _____ Tuesday of _____ Instant to give Evidence of what you know Relating to a Plea or Action of _____ then and there to be Heard and Tryed betwixt R. S. Plaintiff and S. T. Defendant Hereof fail not as you will Answer your Default under the Pains and Penalty of the Law in that behalf made and provided Dated in B _____ the _____ day of _____ In the _____ Year of Their Majesties Reign Replevin Suffolk ss TO the Sheriff or Marshal of the said County or Constables of the Town of M. or to any or either of them In Their Majesties Names You are Required to Replevin one _____ of T. P. now Distreined or Impounded by J. G. and deliver the said _____ unto the said T. P. Provided he give Bond to the value of _____ with sufficient Suretie or Sureties to Prosecute his Replevin at the next Inferiour Court of Pleas to be Holden for the said County at B on the last Tuesday of _____ and so from Court to Court until the Cause be Ended and to pay such Costs and Damages as the said J. G. shall by Law Recover against him Hereof fall not and make true Return of this Writ with your Doings therein as the Law Directs Dated in B. the _____ day of _____ In the _____ Year of Their Majesties Reign Writ of Error WILLIAM and MARY c. To A. B. _____ Greeting Whereas in the Record and Process and also in giving Judgement and Issuing Execution of a Suit which was before our Justices of our Inferiour Court of Pleas Holden at B within the County of S on the _____ Tuesday of _____ last past between C. D. Plaintiff and F. G. Defendant of a Plea _____ Error Manifest doth appear to have Intervened to the grievous Damage of the said F. G. as of his Complaint We have received We willing that Error if any there be in this behalf in due manner be Corrected and speedy Justice according to the Law to the Party aforesaid therein be done as it becometh us Command you that if Judgement be thereon given and Execution Issued that the Record and Process of the Suit aforesaid and also the Execution thereon Issued and all things touching the same in any manner you have before our Justices of our Superiour Court of Judicature at _____ in our said Province the _____ next under your Seal so that our said Justices of our said Superiour Court may then and there have them and the Process and Record aforesaid and also the said Execution being inspected may further therein do what of right ought to be done Have with you then this Writ Witness _____ At _____ this _____ day of _____ In the _____ Year of our Reign Supersedeas WILLIAM and MARY c. To the Sheriff of our County of _____ Greeting Whereas C. D lately in our _____ Court of _____ hath Recovered against F. G as well _____ Pounds Debt as his Damages which by occasion of the Detaining of the said Debt to him in our said Court were adjudged wherof he is Convict as by the Record and Process of the Suit aforesaid before our _____ Justices of the said _____ Court fully appears as from the grievous Complaint of the said F. G We have received and that in the Record and Process and in Rendring of Judgement of the Suit aforesaid Error manifest hath Intervened to the grievous damage of the said F. G and we willing that Error therein if any be in due manner be Corrected and to the said F. G full and speedy Justice in this behalf to be done have Commanded the aforesaid _____ by our Writ that if Judgement therein be given he distinctly and aptly send the Record and Process of the Suit aforesaid with all things touching the same unto _____ under his Seal and that Writ so that _____ may have _____ the _____ day of _____ next Ensuing where _____ that the Record and Process being inspected we may cause further therein to be done as of right and according to Law ought to be done Nevertheless the Record and Process aforesaid with all things touching the same before the aforesaid _____ day of _____ into our said _____ Court of _____ cannot conveniently be sent and so Error therein if any be in the mean time cannot be discussed and therefore we Command you that if before the Receiving of that Writ you have not made Execution of this Judgement aforesaid then as well from further taking Arresting Imprisoning Exacting Out lawing or in any thing molesting the
shall Nominate and Appoint two or more fitt persons to be Commissioners with full power to receive and Examine all Claims of the several Creditors and how they are made out And such Commissioners shall cause the time and place for their Meeting to attend the Creditors to be Published and made known by posting up the same in some Publick places in the Shire Town of that County where such Deceased person last dwelt and of the two next adjoyning Countys And Six or Twelve Moneths time as the Circumstances of any Estate may require shall be allowed by the judge unto the Creditors for the bringing in of their Claims and proving their Debts at the end of which Limited time such Commissioners shall make their report and present a List of all the Claims unto the said Judge who shall Order them meet Recompence out of the Estate for their Care and Labour in that affair as also shall Order the Sickness and necessary Funeral Expences of the Deceased to be first paid and the Residue and Remainder of the Estate to be paid and distributed to and among the Creditors The Widows Dower saved that shall have made out their Claims in due proportion to the Sums to them respectively Owing according as the Estate will bear saving unto the Widow if any be her right of Dower according to Law in Houses and Lands of the Deceased the Widows Dower at the Expiration of her Term to be distributed among the Creditors in a like Proportion And no Process in Law shall be allowed against the Executors or Administrators of any such Insolvent Estate so long as the same shall be depending as aforesaid And whatsoever Creditor shall not Enter and make out his or her Claim with such Commissioners before the full Expiration of the Limited time such Person shall for ever after be debarred of his or her Debt unless he or she can find some further Estate of the Deceased not before Discovered and put into the Inventory Further it is Enacted and Ordained by the Authority aforesaid That Every Judge for Probate of Wills and granting Administrations The Judge of Probate Impowred to Administer an Oath to persons suspected of Concealment within the Respective Countys be and hereby are fully Authorized and Impowred to Require and Administer an Oath to any Person or Persons Suspected to have Concealed Imbezelled or Conveyed away any of the Money Goods or Chattels left by any Person or Persons deceased for the Discovery of the same An Act For Regulating the Assize of Cask and preventing Deceit in Packing of Fish Beef and Pork for Sale BE it Ordained and Enacted by the Governour Council and Representatives in General Court assembled and by the Authority of the same That from and after the First Day of December next all Sorts and Kinds Assize of Cask of Thight Cask used for any Liquor Fish Beef Pork or any other Commodities within this Their Majesties Province shall be of London Assize That is to say Butts to contain One Hundred and Twenty Six Gallons Gagers to be appointed Cask to be markt by the Gager his Fee Every Coeper to have a distinct brand Mark Puncheons Eighty Four Gallons Hogsheads Sixty Three Gallons Tearses Forty Two Gallons Parrels Thirty one Gallons and a Half And made of sound well seasoned Timber and free of Sap. And that fit Persons be appointed from time to time in all places needful to View and Gage all such Cask and such as shall be found of due Assize shall be Marked with the Gagers Mark who shall have for his Pains Four pence Per Tunn and every Cooper shall set his distinct Brand-Mark on his own Cask on Penalty of Forty Shillings And whosoever shall put to Sale any New Cask Defective Cask to be Forfeited being defective either in Workmanship Timber or Assize as aforesaid upon Proof thereof made before one Justice of the Peace he shall Forfeit such Cask and be Fined the Sum of Ten Shillings And be it further Enacted by the Authority aforesaid Quarter Sessions to appoint gagers and packers and Swear them Penalty of Refusal That the Justices of the Peace at their First General Quarter Sessions to be holden in each Respective County within this Province shall Yearly in every Town needful thereof Choose and Appoint a fit Person or Persons to be Gagers and Packers and them to Swear to the Due Execution of their Office which if any Person so appointed shall refuse he shall pay the Sum of Forty Shillings and another shall be Chosen and Appointed in his stead And every Gager and Packer shall take care that all Cask in which he Packs Beef Pork Mackarel Ten Shilings penalty for packing in any Cask under Assize Fish or other Goods committed to his care be of true and full Assize and that he Pack the same in no other Cask whatsoever on penalty of Ten Shillings for every Cask by him Packed that is or shall be defective in that Respect And if any of the beforementioned Provisions shall be packed into Half Barrels or Firkins the same shall be made in Proportion to the Assize aforesaid and be marked by the Packer And for the preventing of Fraud and Deceit in the Packing of Pickled Fish Beef and Pork to be put to Sale Be it further enacted by the authority aforesaid The whole half quarter of meat to be put up and not the best left out Fish to be all of one kind That in every Town where such Goods are Packt up for Sale the Gager or Packer of such Town or of the Town wherein they are put to Sale or Shipped shall see that it be well and orderly Performed that is to say Beef and Pork the whole Half and Quarter and so proportionably that the best be not left out and so Fish and Mackarel that they be Packed all of one kind that all Casks so packed be full and the Fish found and well Seasoned Setting his Seal on all Cask so packed Four Shilper Ton for packing and Sealing and he shall recieve of the owners for so Packing and Sealing Four Shillings Per Ton. And if any such provisions be put to Sale or Shipped offwithout the Packers mark they shall be Forfeited And it is further Enacted That all sorts of green or pickled Fish Fish and Flesh for Transportation to be Searched and Repacked by the Packer Penalty on Masters and Matiners taking any Provisions a Board Unsealed Sturgeon or Flesh that shall be put up for Transportation to a Forreign Market shall be Searched Surveyed and approved by a Sworn Packer who shall take strict care that the same be put up in Tight Cask of Full Gage Salted with Suitable Salt And such as shall be so saved and for its Condition found Merchantable and full the Packer shall Seal with such Brand-Mark as shall be assigned to the Town and such other Cut-Mark added as may denote the Sort of Provision and
Arraignment or Voluntary confession of the Party Arraigned Then every such person and persons so as aforesaid Offending shall be deemed declared and adjudged to be Traitors and shall suffer the Pains of death and also Lose and Forfeit as in cases of High-Treason If any person shall commit Wilful-Murder upon premeditated Malice Hatred Cruelty Murder or sudden Heat of Anger Every such person shall be put to death If any person shall Slay another through Guile either by Poysoning Poysoning or other Devillish Practice every such person their Aiders Abettors Procurors and Councellors shall suffer death as in case of Wilful-Murder If any Woman be delivered of any Issue of her body Male or Female Concealment of the Death of a Bastard Child punisht as in case of Murder which if it were born alive should by Law be a Bastard And that she endeavour privately either by Drowning or secret Burying thereof or any other way either by her self or the procuring of others so to conceal the death thereof that it may not come to light whether it were Born alive or not but be concealed In every such case the Mother so Offending shall suffer death as in case of Murder Except such Mother can make proof by one Witness at the least that the Child whose death was by her so intended to be concealed was born dead If any Man lieth with MANKIND Sodomy as he lieth with a Woman they both shall be put to death If any Man or Woman have carnal Copulation with any BEAST Bestiality or Bruit-Creature they shall be put to death and the Beast shall be slain and burned If any Persons commit Incest in any of the particular instances Incest Levit. 20.11 12. c. made capital by the Law of God they shall be put to Death If a Man shall Ravish any Woman committing carnal copulation with her by force Rape against her will he shall be put to death If any Man shall unlawfully and carnally know and abuse any Woman child under the age of Ten Years every such unlawful and carnal knowledge shall be Felony And the Offender thereof being duly convict shall suffer as a Felon If any Person of the Age of Sixteen Years Burning and upwards shall VVittingly VVillingly and Feloniously Burn or cause to be Burned any Dwelling House Meeting-House Store-house or Ship or shall in like manner set on Fire any Out-house Barn Stable Stack of Hay Corn or Wood Whereby any Dwelling-house Meeting-house Store-house or Ship shall happen to be Burned Every such Offender shall be put to death If any shall Piratically and Feloniously Seiz any Ship or other Vessel Piracy whether in the Harbour or on the High Seas Or shall Rise up in Rebellion against the Master Officer Merchant or Owner of any such Ship or other Vessel and Goods and Dispoil and Dispossess them thereof and Exclude the right Owners or those betrusted on their behalf Every such Offender together with their Complices being Legally Convicted thereof shall be put to death Provided always that any of such Company who through fear or force have been deemed to comply with such wicked Action shall upon their first Arrival in any Port or Harbour speedily repair to some Justice of the Peace and make Discovery of such Piracy they shall not be liable to the aforesaid Penalty of Death An Act For the Suppressing of Unlicensed Houses and the due Regulation of such as are or shall be Licensed BE it Ordained and Enacted by the Governour None to keep a house of common Enterteinment or Sell strong Drink publickly or privately without Licence on penalty of forty shillings Council and Representatives Convened in General Court and by the Authority of the same That no person or persons whatsoever other than such as upon producing Certificate from the Select-men of the Town where they dwell or who shall be otherwise thought fit by the Justices themselves shall be Licensed by the said Justices in Quarter Sessions may presume to be a common Victualler Inn-holder Taverner or Seller of Wine Beer Ale Cyder or strong Liquors by Retail Nor shall any presume without such Licence to Sell Wine or Strong Liquors privately by a less Quantity than a Quarter Cask and that delivered and carried away all at one time On pain of Forfeiting the Sum of Forty Shillings for every such Offence upon due Conviction thereof One half to the Informer and the other to the use of the poor Upon second conviction to give bond for the good behaviour Licences to be renewed yearly bond given One half thereof to the Informer and the other half to the use of the Poor of the Town where such Offence is committed And upon a Second Conviction besides the Forfeiture of Forty Shillings as aforesaid shall Enter into Recognizance with one or more Sureties for the good Behaviour especially not to Transgress the Law in that Respect Be it further Enacted by the Authority aforesaid That all Licences be Renewed yearly and Bond given for the due Observance of the same and of the Laws and that the Person Licensed shall use his Licence in such House as shall be therein named and no other And if the Justices in Quarter Sessions shall think fit to Licence any person or persons not presenting a Certificate as aforesaid from the Select-men Justices may grant License without Certificate of the Select-men upon notice given the Clerk of the Sessions before granting Licence to any such shall signifie the name and desire of every such person unto the Select-men of the Town where such person dwells one month before-hand that so they may have opportunity and liberty to offer their Objections against it if any shall be And forasmuch as the ancient and principal use of Inns Taverns Ale-Houses Victualling-Houses and other Houses for common Entertainment is for the Receipt Relief and Lodging of Travellers and Strangers and the Refreshment of persons upon lawful Business or for the necessary supply of the wants of such poor persons as are not able by greater Quantities to make their provision of Victuals and are not intended for Entertainment and Harbouring of Lewd or Idle People to spend or consume their Money or Time there Therefore to prevent the Mischiefs and great Disorders happening daily by the abuse of such Houses It is further Enacted by the Authority aforesaid That no Taverner Inn-keeper Ale-house-keeper or Victualler Games and Gaming forbidden in Publick-houses on pain of Forty Shillings shall have or keep in or about their Houses Out-houses Yards Backsides Gardens or Places to them belonging any Dice Cards Tables Bowls Shuffleboard Billiards Coyts Cales Logats or any other Implements used in Gaming nor shall suffer any person or persons Reforting unto any of their Houses to Use or Exercise any of the said Games or any other unlawful Game or Sport within their said Houses or any of the Dependences as aforesaid or Places to them belonging On
pain of Forfeiting the Sum of Forty Shillings for every such Offence upon due Conviction thereof Penalty on Gamesters the said Fine to be disposed of as aforesaid And every person convicted of Playing as aforesaid in any such House or Dependences thereof shall Forfeit the Sum of Six Shillings and Eight Pence to be disposed of as aforesaid And further it is Enacted by the authority aforesaid Penalty for refusing to give Evidence against persons Selling without Licence That any person duly Summoned to give in Evidence respecting the Breach of this Act in any of the Branches thereof other than the party himself his Children or Servants that shall refuse to give in upon his Oath when so required what he knows relating to the Premises shall Forfeit Forty Shillings to the use of the poor of the Town as aforesaid And it is further Enacted by the Authority aforesaid That every Justice of the Peace in the County where he dwells One Justice may hear determine all Offences against this Act as well as the Justices in Quarter Sessions are hereby respectively Impowred to hear and determine all Offences against this Act and may Commit the Offender to Prison until he pay the said Fine and Enter into Recognizance as aforesaid for the good Behaviour Or may cause the Fine to be Levied by Distress and Sale of the Offenders Goods returning the Overplus if any be An Additional Act For Impost and Excise BE it Enacted by the Governour Council and Representatives in General Court assembled And by the authority of the same That there shall be paid by the Importer for all Wines Imported into this Province not particularly named and mentioned in an Act Entituled An Act for Impost Excise and Tonnage of Shipping made at the first Sessions of this Court the Sum of Ten Shillings per Hogshead and so proportionably for greater or lesser quantities And that there be paid by those that Sell any of the said Wines by Retail the Sum of six-pence per Gallon Excise and so proportionably for greater or lesser quantities And to be under the same Regulation Inspection and Forfeitures as is provided by said Act the said payments to be made unto the Commissioners appointed for the Receiving of the Rates and Duties therein mentioned This present Act to remain and continue in force only during the time set for continuance of the Act before Recited and no longer An Act For the better Observation and Keeping the Lords-Day BE it Enacted and Ordained by the Governour Council and Representatives Convened in General Court or Assembly and it is Enacted by the Authority of the same That all and every Person and Persons whatsoever shall on that Day carefully apply themselves to Duties of Religion and Piety publickly and privately and that no Trades-man Artificer Labourer or other person whatsoever shall upon the Land or Water Do or Fxercise any Labour Business or Work of their ordinary Callings nor use any Game Labour and Sports Prohibited on penalty of Five Shillings Sport Play or Recreation on the Lords-Day or any part thereof Works of Necessity and Charity only excepted upon pain that every Person so Offending shall Forfeit Five Shillings Further it is Ordered and Declared That no Traveller Drover Horse-Courser Waggoner Butcher Higler Travelling prohibited on penalty of Twenty Shil lings or any their Servants shall Travel on that Day or any part thereof except by some adversity they were Belated and forced to Lodge in the Woods Wilderness or High-ways the night before and in such case to Travel no further than the next Inn or Place of Shelter on that Day upon the penalty of Twenty Shillings Further it is Ordered That no Vintner Inn-holder or other Person keeping any Publick-house of Entertainment Publick houses not to entertain any others than Strangers Lodgers on penalty of Five Shillings for every person shall Entertain or Suffer any of the Inhabitants of the Respective Towns where they Dwell or others not being Strangers or Lodgers in such Houses to abide or remain in their Houses Yards Orchards or Fields Drinking or idly spending their time on Saturday night after the Sun is Set or on the Lords-Day or the Evening following upon the pain and penalty of Five Shillings for every person payable by themselves respectively that shall be found so Drinking or Abiding in any such Publick House or Dependences thereof as aforesaid and the like Sum of Five Shillings to be paid by the Keeper of such House for every person Entertained by them And for the better Execution of all and every the foregoing Orders One Justice of the Peace may hear determin any breach of this Act. every Justice of the Peace within his County shall have Power and Authority to Convent before them any person or persons who shall offend in any of the particulars before mentioned and upon his own view or other legal Conviction of any such Offence to impose the Fine and Penalty for the same and to Restrain or Commit the Offender until it be satisfied or to cause the same to be Levied by Distress and Sale of the Offenders Goods returning the Over-plus if any be and in case any such Offender be unable or refuse to satisfie such Fine Fines for breach of this Act to be to the use of the poor to cause him to be put in the Cage or set in the Stocks not exceeding three hours All Fines and Penalties accruing by this Act to be to the benefit and relief of the Poor of such Town where the Offence is committed and delivered into the hands of the Select-men or Overseers of the poor for that end And all Masters and Governours of Families are hereby required to take effectual care that their Children Servants and others under their immediate Government do not transgress in any of the foregoing particulars And all and every Justices of the Peace Constables and Tything-men are required to take effectual care and endeavour that this Act in all the particulars thereof be duly observed Justices Constables c. required to see that this Act be observed as also to restrain all persons from Swimming in the water unnecessary and unseasonable walking in the Streets or Fields in the Town of Boston or other places keeping open their Shops or following their Secular Occasions or Recreations in the Evening preceding the Lords-Day or on any part of the said Day or Evening following And all persons are strictly required to be obedient to and aiding and assisting such Justices Constables and other Officers herein as they will answer the contrary at their Peril An Act For Prevention of Common Nusances arising by Slaughter-Houses Still-Houses c. Tallow Chandlers and Curriers BE it Ordained and Enacted by the Governour Council and Representatives Convened in General Court or Assembly and by the Authority of the same That the Select-Men of the Towns of Boston Salem and Charlstown Respectively or other Market-Towns
in the Province with two or more Justices of the Peace Dwelling in the Town or two of the next Justices in the County Slaughter-Houses Still-Houses c. to be in certain places assigned no other shall at or before the last day of March One Thousand Six Hundred Ninety Three Assign some certain places in each of said Towns where it may be least offensive for the Erecting or Setting up of Slaughter-Houses for the Killing of all Meat Still-Houses Houses for Trying of Tallow Currying of Leather which Houses may be Erected of Timber the Law referring to Building with Brick or Stone notwithstanding And shall cause an Entry to be made in the Town-Book of what places shall be by them so Assigned and make known the same by Posting it up in some Publick Places of the Town At which Houses and Places respectively and no other all Butchers and Slaughter-men Distillers Chandlers and Curriers shall Exercise and Practice their Respective Trades and Mysteries on pain that any Butcher or Slaughter-man transgressing of this Act by Killing of Meat in any other place for every Conviction thereof before one or more Justices of the Peace shall Forfeit and Pay the Sum of Twenty Shillings And any Distiller Chandler or Currier offending against this Act for every Conviction thereof before Their Majesties Justices at the General Sessions of the Peace for the County shall Forfeit and Pay the Sum of Five Pounds one third part of said Forfeitures to be to the use of Their Majesties for the Support of the Government of the Province and the Incident Charges thereof one Third to the Poor of the Town where such Offence shall be Committed and the other Third to him or them that shall Inform and Sue for the same And for preventing of Cruelty to Bruit Creatures It is further Enacted by the Authority aforesaid Crueky to bruit Creatures forbidden That all Calves Sheep or Lambs brought alive to the Market shall be either driven or carried in Carts Sleds Panyers or Boats and not otherwise on pain of Forfeiting of all Calves Sheep or Lambs passing towards or brought alive to the Market laid across or hanging by the sides of Horses as has been usual or in any other way contrary to the true Intent of this Act One half of all such Forfeitures to be unto the Informers who shall Seiz and Prosecute for the same and the other Moity to the use of the Poor of the Town where such Seizure shall be made to be distributed by the Select-men or Overseers of the Poor And all Select-men Overseers of the Poor Constables Tythingmen and other Officers in any Town upon their own view or Information of any Transgression of this Act within their respective Precincts shall and hereby are Impowred to Seiz or cause to be Seized all Calves Sheep or Lambs that shall be carrying or brought alive to the Market in any other way than is before Directed And upon due proof thereof made before one or more Justices of the Peace shall be Forfeited and the same or the value thereof be disposed of as aforesaid And all Veal or other Meat exposed to Sale that shall be blown up or winded shall be alike Forfeited and Disposed of An Act For Affirming of former Judgments and providing for Executions VVHEREAS upon Tryals had in the late Courts of Judicature within the several Colonies now by Their Majesties Royal Charter United and Incorporated into one Province by the name of the Province of the Massachusetts-Bay several Judgements were obtained of which Execution remains to be done and some others are depending by Appeal according to the course and practice of the Courts then in being To the end that there be no failure of Justice for want of a due course of Law for the Prosecuting Obtaining and Levying of the same Be it Enacted and Ordained by the Governour Council and Representatives Convened in General Court or Assembly and by the Authority of the same That where any Appeal as aforesaid is depending having not been heard every such Appellant shall have a Summons from the Clerk of the Superiour Court unto the adverse party to be Served upon him seven days inclusive before the Courts Sitting Requiring him to appear at the first Superiour Court to answer the said Appeal where the same shall be Heard and Tryed according to former Usage upon the first Evidence and no other And the Judgement to be Affirmed or Reversed as the Case shall there be Judged upon Tryal And if the Appellant neglect to Appear or Prosecute his Appeal the former Judgement shall be Affirmed and Execution Awarded accordingly And it is further Enacted by the Authority aforesaid That where Judgement has passed in any County Court or Court of Commissioners and Execution has not been Taken out and Levied for satisfying of the same the Party for whom any Judgement was so given his Executors or Administrators shall have a Writ of Scire Facias from the Clerk of the Inferiour Court of Pleas within the same County in which such Judgement was obtained unto the Adverse Party to appear before said Court to shew cause if any there be why Execution should not Issue forth And in case of Non Appearance or that sufficient cause be not shewn to the Court the former Judgement shall be affirmed and Execution granted accordingly the Costs of this Tryal to be added unto the same Provided that the said Writ of Scire Facias be Served seven days inclusive before the Courts Sitting And be it further Enacted by the Authority aforesaid That after one year Expired next after giving Judgement in any Court of Record within this Province No Execution after one year expired to be granted without a Scire facias no Execution for such Judgement shall be Issued out until a Writ of Scire Facias hath been Granted out of the same Court and Served upon the Adverse Party as is before directed or left by the Sheriff his Under-Sheriff or Deputy at his Dwelling or Place of usual and last Abode requiring him to appear and shew cause if any he have why Execution ought not to be done And upon his Non Appearance or not shewing of sufficient cause as aforesaid The Court shall thereupon Award Execution An Act For the Orderly consummating of Marriages BE it Ordained and Enacted by the Governour Council and Representatives in General Court Assembled and by the Authority of the same Justices or Ministers respectively to Solemnize Marriages That every Justice of the Peace within the County where he resides and every Setled Minister in any Town shall and are hereby respectively Impowred and Authorized to Solemnize Marriages within their Respective Towns and Counties betwixt Persons that may lawfully Enter into such Relation having the consent of those whose immediate care and Government they are under and being likewise first Published by asking their Banns at three several Publick Meetings in both the Towns where such Parties respectively
Inhabitants of such Defective Town as other Publick Charges and to be paid unto the County Treasurer An Act For the Settlement of the Bounds and Defraying of the Publick and Necessary Charges arising within each Respective County in this Province BE it Ordained and Enacted by the Governour Council and Representatives in General Court Assembled and by the authority of the same That all Counties as they now lye Counties to continue as formerly and are named continue and remain distinct Counties to all intents and purposes in the Law whatsoever And that there be a County Treasurer annually Chosen for each Respective County being a Freeholder within the same and to be Chosen by the Votes of the Freeholders and other Inhabitants of each Respective Town duly qualified as is Provided by the Act for the Choice of Select-men and other Town Officers and at the same time such Votes to be given in Writing and Sealed up by the Constable by him to be kept and returned unto the next Quarter Sessions to be held for said County there to be Opened and Sorted by such as the Court shall Appoint in presence of the Justices Choice of County-Treasurer and the Person having the Majority of said Votes shall be Treasurer of such County for that year and be Sworn before said Court And for the due and equal Raising of Monies for Defraying of the Charges arising within each Respective County for the necessary Repairs and Amendment of Bridges Prisons the Maintainance of poor Prisoners and all other proper County Charges It is further Enacted by the Authority aforesaid That when and so often from time to time as there shall be need of raising Mony for the ends aforesaid County Charges how to be defrayed in any County the Justices in Quarter Sessions for such County receiving Information thereof from the County Treasurer shall agree and determine the whole Sum to be Raised and each Respective Towns proportion of the same as near as may be according to the Rule for Raising of Money for the Province Charges and shall Issue forth their Order unto the Select-men of the Respective Towns to Assess the same upon the Inhabitants of such Town each one his due and equal proportion thereof according to the Rule before mentioned as near as may be to be paid in Money or Equivalent thereto and to make a distinct List of each persons name and proportion under their Hands and such List Commit unto the Constable or Constables of such Town with a Warrant Signed by the Town Clerk directed unto the said Constable or Constables to Levy and Collect the said Assessment of each one his respective proportion And to pay in their said Collections unto the County Treasurer or his Order within the time set for the same And to make distress upon every person neglecting or refusing to make payment And in default of Goods or Chattels whereon to make Distress to Commit the Party to the Common Goal of the County until he make payment or otherwise be Released by the Justices in Quarter Sessions And if any person or persons think themselves Over-Rated in any such Assessment they shall be Eased by the Assessors making the same to appear or in default thereof by the Court of Quarter Sessions And further it is Enacted That all Monies so Collected be Improved and Imployed for the Ends within mentioned as the Court of Quarter Sessions shall from time to time hy their Order in Writing direct and appoint And the County Treasurer in each respective County shall Accompt unto the Court of Quarter Sessions or whom they shall Appoint for all his Receipts and Payments An Act For Regulating of Townships Choice of Town-Officers and Setting forth their Power BE it Ordained and Enacted by the Governour Bounds of Townships to contiue as heretofore Granted Setled And to be run and Marks Renewed once in 3 years under a penalty Council and Representatives in General Court Assembled and by the authority of the same That the Bounds of all Townships shall be and continue as heretofore Granted and Settled respectively and shall be run betwixt Town and Town and Marks Renewed once in three years by two of the Select-men of each Town or any other two persons whom the Select-men shall Appoint the Select-men of the most ancient Town to give Notice unto the Select-men of the next adjacent Towns of the time and place of Meeting for such Perambulation six days before-hand on pain of Forfeiting Five Pounds by the Select-men of any Town that shall Neglect their Duty in any of the particulars aforesaid Two Thirds thereof unto the use of the Poor of such Town and the other Third unto the Select-Men of any of the next adjacent Towns that shall Inform and Sue for the same in the Inferiour Court of Pleas within the same County to be Recovered by Action or Information And be it further Enacted by the authority aforesaid That each Proprietor of Lands lying Unfenced Proprietors of Lands unfenced or in common Fields to run the Lines once in two years or in any common Field shall once in two years on six days warning before given him by the next Proprietor or Proprietors adjoyning run the Lines make and keep up the Bounds between them by sufficient met-Stones on pain that every Party so neglecting or refusing shall Forfeit the Sum of Ten Shillings one half to the party moving the other half to the use of the Poor of the Town being Convented Convicted of such Neglect or Refusal before any Justice of the Peace within the same County who is hereby Impowred to Hear and Determine the same And further it is Enacted by the authority aforesaid That the Proprietors of the Undivided or Common Lands within each Town and Precinct in this Province where the same have been heretofore Stated each ones proportion being known shall and hereby are Impowred to Order Improve or Divide in such way and manner as shall be concluded and agreed upon by the major part of the Interested the Voices to be Collected and Accounted according to the Interests Some more Lands how to be improved And the Proprietors of all Undivided or Common Lands not stated and proportioned as aforesaid shall and hereby are Improved to Manage Improve Divide or Dispose of the same as hath been or shall be concluded and agreed on by the major part of such Proprietors That no Cottage or Dwelling-place in any Town shall be admitted to the priviledge of Commonage for Woods Timber and Herbage or any other the priviledges which lie in Common in any Town or Peculiar other than such as were Erected or Priviledged by the Grant of such Town or Peculiar before the Year One Thousand Six Hundred Sixty One or that have been since or shall hereafter be Granted by the Consent of any Town or Peculiar AND WHEREAS it has been a continued practice and custome in the several Towns within this Province
Order in each Respective Town within this Province shall warn a Meeting of such Town having order for the same in Writing on pain that every Constable neglecting his Duty in that respect and being thereof Convicted before one Justice of the Peace shall Forfeit the Sum of Twenty Shillings Penalty for Neglect to the Use of the Poor of such Town and to be Levied by Distress and Sale of such Offenders Good by Warrant from such Justice of the Peace upon Neglect or Refusal of payment And in case the Select men in any Town shall unreasonably deny to call a Meeting of the Inhabitants of such Town Justice to give Warrant for Town-Meeting in case upon any Publick Occasion thereof the same being Complained of and made to appear to one of the next Justices of the Peace within the same County such Justice by his Warrant directed to the Constable or Constables may order a Meeting of the Inhabitants of such Town therein signifying the occasion thereof An Act For making of Lands and Tenements liable to the Payment of Debts VVHEREAS the Estates of Persons within this Province do chiefly consist of Houses and Lands which give them Credit some being remiss in paying of their just Debts others happening to Dye before they have discharged the same It is therefore Ordained and Enacted by the Governour Council and Representatives Convened in General Court and by the Authority of the same That all Lands or Tenements belonging to any person in his own proper right in Fee Simple shall stand charged with the payment of all just Debts owing by such person as well as his personal Estate and shall be liable to be taken in Execution for satisfaction of the same where the Debtor or his Attourney shall not Expose to view and Tender to the Officer Personal Estate sufficient to answer the Sum mentioned in the Execution with the Charges And all Executions duly Served upon any such Houses and Lands being Returned into the Clerk's Office of the Court out of which the same Issued and there Recorded shall make a good Title to the Party for whom they are so taken his Heirs and Assigns for ever Superiour Court may Impower Executors Administrators to Sell Land for payment of Debts Also where the Goods and Moveables of any person Deceased shall not be sufficient to answer the just Debts which the Deceased owed Upon Representation thereof and making the same to appear unto the Superiour Court within the County where such Deceased Person last Dwelt the said Court are hereby Impowred to Licence and Authorize the Executor or Administrator of such Person Deceased to make Sale of all or any part of the Houses and Lands of the Deceased so far as shall be necessary to satisfie the just Debts which the Deceased Owed at the time of his Death And every Executor or Administrator being so Licenced and Authorized shall and may by virtue of such Authority Make and Execute Deeds or Conveyances in due Form for such Houses and Lands as they shall so Sell which Instruments shall be a good Title to the Purchaser And further it is Enacted by the Authority aforesaid That where any person shall make Sale or other Alienation of any Lands or Tenements to him of right belonging with Intent to Defeat and Defraud his Creditors of their just Debs not Bona Fide for good and valuable consideration paid All such Sales and Alienations are to be deemed Covenous and Fraudulent and shall be of none Effect to Bar any Creditor from such Debt as is to him Owing An Act For due Regulation of Weights and Measures TO the end that Weights and Measures may be one and the same throughout this Their Majesties Province BE it Enacted and Ordained by the Governour Council and Representatives in General Court Assembled and by the Authority of the same That the Brass and Copper Weights and Measures formerly sent out of England with Certificate out of Their Majesties Exchequer to be approved Winchester Measure according to the Standard in the Exchequer be the publick allowed Standard throughout this Their Majesties Province for the Proving and Sealing all Weights and Measures thereby And the Constables of every Town throughout this Province not already Supplied shall within three Months next coming provide upon the Towns Charge One Bushel one half Bushel one Peck one Half Peck one Ale Quart one Wine-pint and Half-pint One Ell one Yard one Sett of Brass Weights to Four Pounds after sixteen Ounces to the Pound with fit Scales and Steel Beam tried and proved by the aforesaid Standard and Sealed by the Treasurer or his Deputy in his Presence which shall be kept and used only for Standards in the several Towns who is hereby Authorized to do the same for which he shall receive from the Constables of each Town Two-pence for every Weight and Measure so Tried and Proved and Sealed And the Constables of every Town shall Commit those Weights and Measures unto the Custody of the Select-men of their Towns for the time being who with the Constables are hereby Enjoyned to Choose one Able Man for Sealer of all Weights and Measures for their Town from time to time and till another be Chose who shall be presented unto the next Court of Sessions and there Sworn to the faithful Discharge of his Duty And shall have power to send forth his Warrants by the Constable to all the Inhabitants of such Town to bring in all such Weights and Measures as they make use of in the Month of April from year to year at such time and place as he shall appoint and make Return to the Sealer in Writing of all persons so Summoned That then and there all such Weights and Measures may be Proved and Sealed with the Town Seal which is likewise to be provided by the Constables at each Towns Charge who shall have for every Weight and Measure so Sealed one penny from the Owner thereof at the first Sealing And all such Weights and Measures as cannot be brought to their just Standard he shall Deface and Destroy and after the first Sealing shall have nothing so long as they continue just with the Standard And it is further Enacted by the authority aforesaid That if any Constable Select man or Sealer do not duly Execute this Law so far as to each every of them appertains they each of them shall Forfeit to Their Majesties for every such Neglect by the space of one Month the Sum of Forty Shillings towards the Support of their Government here And every person Neglecting to bring in their Weight Measures at the time and place appointed being duly warned thereto shall likewise Forfeit Three Shillings and Four-pence the one half whereof to be to Their Majesties as aforesaid the other half to the Sealer aforesaid And the penalty herein mentioned to be Levied by Distress by Warrant from any Justice of the Peace And it is further Enacted by the authority aforesaid That
here under Written Be and are hereby Established To be Given and Administred unto the Respective Officers for whom they are appointed As followeth YOU A. B. being Chosen Counsellors Oath and Admitted of Their Majesties Council within this Their Province do Swear by the Everliving God That you will to the best of your Judgment at all times freely give your Advice to the Governour for the Good Management of the Publick Affairs of this Government and that you will not directly nor indirectly Reveal such Matters as shall be Debated in Council and Committed to your Secrecy But will in all things be a True and Faithful Counsellor when you are thereunto Required So Help you God YOU A. B. Swear Justice of Peace Oath That as Justice of the Peace in the County of S. according to the Commission given you You shall Dispense Justice Equally and Impartially in all Cases And do Equal Right to the Poor and to the Rich after your Cunning Wit and Power and according to Law And you shall not be of Council in any Quarrel that shall come before you You shall not Let for Gift or other Cause But well and truly you shall do your Office of Justice of the Peace in that behalf Taking only appointed Fees And you shall not direct or cause to be directed any Warrant by you to be made to the Parties but you shall â—irect your Warrant to the Sheriff his Under Sheriff or Deputy Tything-men or other Officers proper for the Execution of the same in the County And this you shall do without Favour or Respect to Persons So help you God YOU Swear That you will well and truly Serve the King and Queens Majesties in the Office of the Sheriff of the County of S. And do the King and Queens profit in all things that belongeth to you to do by way of your Office as far forth as you can or may Sheriff or Marshals Oath Mutatis Mutandis you shall truly keep the King and Queens Rights and all that belongs to the Crown you shall not Respite the King and Queens Debts for any Gift or Favour where you may Raise them without great grievance of the Debtors you shall truly and uprightly Treat the people of your Sheriffwick and do Right as well to Poor as to Rich in all that belongeth to your Office You shall do no wrong to any man for any Gift or other Behest or Promise of Goods for Favour nor Hate You shall disturb no mans Right you shall truly Acquit at the Treasury all those of whom you shall any thing receive of Their Majesties Debts you shall nothing take whereby Their Majesties may lose or whereby the Right may be Letted or disturbed or Their Majesties Delayed you shall truly return and truly Serve all Their Majesties Writs as far forth as shall be to your Cunning you shall take no Bayliff into your Service but such as you will Answer for and of true and sufficient men in the County shall cause each of your Bayliffs to make such Oath as you make your self in that belongeth to their Occupation And over this in Eschewing and Restraint of the Man-slaughters Robberies and other manifold Grievous Offences that be done daily All these things you shall truly observe and keep as God help you YOU as Foreman of this Inquest for the Body of this County of S. You shall diligently Enquire Grand Jurors Oath and a true Ptesentment make of all such Matters and Things as shall be given you in Charge The King and Queens Majesties Counsel your Fellows and your own you shall keep secret You shall Present no man for Envy Hatred or Malice neither shall you leave any man Unpresented for Love Fear Favour or Affection or hope of Reward but you shall present things truly as they come to your knowledge according to the best of your Understanding So help you God THE same Oath which you Foreman hath taken on his part you and every of you on your behalf shall well and truly observe and keep So help you God YOU shall well and truly try and true deliverance make between Our Soveraign Lord and Lady Petit Jurors Oath the King and Queen and the Prisoners at the Bar whom you shall have in Charge according to your Evidence So help you God YOU Swear Jurors Oath in civil Cases That in all Causes betwixt Party and Party that shall be Committed unto you You will give a true Verdict therein according to Law and the Evidence given you So help you God YOU Swear Town Clerks Oath That in the Office of Town Clerk within the Town of B. whereto you are Chosen You will diligently and faithfully Attend Discharge the Duty of your Place duly Observe the Directions of the Law in all things whereto your Office hath relation and thereby Committed to your Care and Trust So help you God YOU Swear Oath of Leather Sealer Clerk of the Market Culler of Eish Packer Gager Mutatis Mutandis That you will from time to time diligently and faithfully Discharge and Execute the Office of within the Limits whereto you are Appointed for the Ensuing Year and until another be Chosen in your place and that in and by all the particulars mentioned in the Laws whereto your Office hath Relation and that you will do therein Impartially according to Law without Fear or Favour So help you God WHEREAS you A. B. are Chosen Constable within the Town of C. for One Year now following Constables Oath and until other be Chosen and Sworn in your Place You do Swear That you will carefully Intend the Preservation of the Peace the Discovery and preventing all Attempts against the same That you will duly Execute all Warrants which shall be sent unto you from Lawful Authority and faithfully Attend all such Directions in the Laws and Orders of Court as are or shall be Committed to your Care That you will faithfully and with what Speed you can Collect and Levy all such Fines Distresses Rates Assessments and Sums of Mony for which you shall have sufficient Warrants according to Law Rendring an Accompt thereof and paying in the same according to the Direction in your Warrant And with like faithfulness Speed and Diligence will Serve all Writs Executions and Distreffes in Private Causes betwixt Party and Party and make Returns thereof duly into the same Court where they are Returnable And in all these things you shall deal seriously and faithfully whilst you shall be in Office without any Sinister Respects of Favour or Displeasure So help you God An Act For the Establishing of Presidents and Forms of Writts and Processes BE it Enacted and Declared by the Governour Council and Representatives in General Court assembled And by the Authority of the same That the several Forms of Writts and Processes here under Written Be and hereby are Established to be the Forms to be observed by the Respective Officers that are or
B. to the value of _____ And for want thereof you are to take the Body of the said J. N. if he may be found in your Precincts and him safely keep so that he may be had before J. E. Esq one of the Justices of the said County on _____ being the _____ day of _____ at _____ of the Clock in the Forenoon to Answer L. M. of _____ in a Plea of _____ to the value of _____ as shall then and there appear with all due Damages making true Return of this Writ as the Law directs Dated at B _____ the _____ day of _____ In the _____ Year of Their Majesties Reign Execution Granted by a Justice of Peace Suffolk ss WILLIAM and MARY c. To the Sheriff or Marshal of our said County his Deputy or Deputies or Constables of the Town of _____ or to any or either of them We Command you that without any delay you Levy of the Money or Estate of J. N. of B. _____ if it may be found in your Precincts the Sum of _____ with _____ Shillings more for this Writ and deliver the same unto L. M. of _____ to Satisfie a Judgement obtained against the aforesaid J. M. for _____ with his Costs and Damages occasioned and accruing by a Suit Commenced against him before J. E. Esq one of our Justices Assigned to keep our Peace in our said County the _____ day of _____ and in want of the said Money or other Estate to the said L. M. his Satisfaction We Command you to take the Person of the said J. N. and him Commit to the Custody of the Keeper of our Prison in B. _____ where he is to continue until the said Debt is satisfied or that he be Discharged by the Creditor or otherwise by Order of Law Hereof fail not at your peril making true Return of this our Writ as the Law directs Witness our said Justice at _____ this _____ day of _____ In the _____ Year of our Reign Attachment to the Superiour or Inferiour Court Suffolk ss WILLIAM and MARY c. To the Sheriff or Marshal of our said County or either of their Deputies Greeting We Command you to Attach the Goods or Estate of D. T. of _____ to the value of _____ and for want thereof to take the Body of the said D. T. if he may be found in your Precinct and _____ safely keep so that you have _____ before our Justices at our next _____ Court of _____ to be Holden at _____ within or for our said County on the _____ day of _____ next then and there to Answer to C. L. _____ in an Action of _____ as shall then and there appear with Damages and have you there this Writ Witness VV. S. Esq At B _____ this _____ day of _____ In the _____ Year of our Reign J. W. â—ummons Appearance upon Goods Attached WILLIAM and MARY c. To A. B. of C. 〈…〉 Greeting We Command you That you appear at our _____ Court of _____ to be Held at B. for or within the County of S. on the _____ Tuesday in _____ next to Answer unto C. D. of _____ in an Action of _____ to the value of _____ which the said C. D. hath Commenced to be then and there Heard and Determined to Respond which Action your Goods or Estate are Attached to the value of Hereof fail not at your Peril Witness W. S. Esq At B. the _____ day of _____ In the _____ Year of our Reign J. VV Writ of Facias Habere Possessionem and Writ of Fieri Facias for Damages and Costs WILLIAM and MARY c. To our Sheriff or Marshal of our County of E. or either of their Deputies Greeting Whereas A. B. of C. Yeoman before our Justices of our _____ Court of _____ Held for or within our said County of E. at S upon the _____ Tuesday in N past by the Consideration of our said Court Recovered his Term yet to come of and in _____ Messuage or Tenement with the Appurtenances or _____ Acres of Land Pasture or Meadow lying in the _____ of D. within your Precincts against E. F. of G. Carpenter who had unjustly put out and Amoved the said A. B. from his Possession thereof and also there Recovered _____ Pounds _____ and _____ Pence for Costs and Damages which he has Sustained by reason of the said Offence and Ejectment and Expended for the Removal thereof as to us has been made to appear of Record We Command you therefore that without delay you cause the said A B of and in the aforesaid Tenement with the Appurtenances or Land to have Possession of his Term yet to come We also Command you that of the Goods Chattels or Lands of the said E. F. within your Precinct at the value thereof in Money you cause the said A. B. to be paid and satisfied the aforesaid Sum of _____ Pounds _____ Shillings _____ Pence which to the said A. B. in the said Court was adjudged for his Costs Damages with _____ Shillings more for this Writ and thereof also to satisfie your Self for your own Fees And for want of such Goods Chattels or Land of the said E. F ' s to be by him shewn unto you or found within your Precinct to satisfie the aforesaid Sums We then Command you to take the Body of the said E. F. and him Commit unto the Keeper of your Goal in S. within our said Prison whom we likewise Command to receive him the said E. F. and him safely to keep until he pay unto the said A. B. the full Sum above-mentioned and be by him Released and also satisfie your Fees And this Writ with your doings therein you are to Return unto our said _____ Court of _____ to be Holden at S. upon the _____ Tuesday in â— next Witness W. S. Esq in S. the _____ day of _____ In the _____ Year of our Reign T. H. Execution WILLIAM and MARY c. To our Sheriff or Marshal of our County of S. or either of their Deputies Greeting Whereas A. B. of C. Yeoman Recovered Judgment against D. E. of F. Carpenter before our Justices of our _____ Court _____ Holden for or within our said County of S. on the last Tuesday in _____ Moneth past for the Sum of _____ Pounds _____ Shillings and _____ Pence in Money Debt or Damage and _____ Pounds _____ Shillings and _____ Pence for Costs of Suit as to us appears of Record whereof Execution remains to be done We Command you therefore That of the Goods Chattels or Lands of the said D. E. within your Precinct you cause to be paid and satisfied at the value thereof in Money the aforesaid Sum of _____ Pounds _____ Shillings and _____ Pence with _____ Shillings more for this Writ and thereof also to satisfie your self for your own Fees and for want of such Goods Chattels or Lands of the said D. E's to be by him shewn unto you or found within your Precinct to satisfie the
recovery or Judgment at the Suit of any Party grieved shall be a sufficient Conviction for the first Offence And any after Recovery or Judgment at the Suit of a party grieved for any Offence after the First Judgment shall be a sufficient Conviction to bring the Officers or person within the said Penalty for the second Offence And for the provention of unjust vexation by reiterated Commitments for the same Offence Reasons set at large not to be Recommitted but by Order of Court Be it Enacted by the authority aforesaid That no person or persons which shall be delivered or set at large upon any Habeas Corpus shall at any time hereafter be again Imprisoned or Committed for the same Offence by any person or persons whatsoever other than by the Legal Order and Process of such Court wherein he or they shall be bound by Recognizance to appear or other Court having Jurisdiction of the Cause And if any other person or persons shall knowingly contrary to this Act Recommit or Imprison or knowingly procure or cause to be Recommitted or Imprisoned for the same Offence or pretended Offence any person or persons delivered or set at large as aforesaid or be knowingly aiding or assisting therein then he or they shall Forfeit to the Prisoner or Party grieved the Sum of Two Hundred Pounds any colourable pretence or variation in the Warrant or Warrants of Commitment notwithstanding to be Recovered as aforesaid Provided always be it further Enacted That if any person or persons shall be Committed for High Treason or Felony plainly and specially expressed in the Warrant of Commitment Persons Committed for Treason or Felony shall be Indicted the next Term or let to Bayl. upon his Prayer or Petition in open Court the first week of the Term or first day of the Sessions of Oyer Terminer or General Goal Delivery to be brought to his Tryal shall not be Indicted some time to the next Term Sessions of Oyer Terminer or General Goal Delivery after such Commitment it shall and may be lawful to and for the Justices of the Superiour Court Justices of Over and Terminer or General Goal Delivery and they are hereby Required upon motion to them made in Open Court the last day of the Term Sessions or Goal Delivery either by the Prisoner or any one in his behalf to set at Liberty the Prisoner upon Bail unless it appear to the Justices upon Oath made that the Witnesses for the King could not be produced the same Term Sessions or General Goal Delivery And if any person or persons Committed as aforesaid upon his Prayer or Petition in Open Court the first week of the Term or first day of the Sessions of Oyer and Terminer and General Goal Delivery to be brought to his Tryal shall not be Indicted and Tried the Second Term Sessions of Oyer and Terminer or General Goal Delivery after his Commitment or upon his Tryal shall be Acquitted he shall be Discharged from his Imprisonment Provided always That nothing in this Act shall extend to Discharge out of Prison any person Charged in Debt or other Action or with Process in any Civil Cause but that after he shall be Discharged of his Imprisonment for such his Criminal Offence he shall be kept in Custody according to the Law for such other Suit Provided always and be it Enacted by the Authority aforesaid That if any of their Majesties Subjects shall be committed to any Prison or in Costody of any Officer or Officers whatsoever for any Criminal or supposed Criminal Matter that the said Person shall not be Removed from the said Prison and Custody into the Custody of any other Officer or Officers unless it be by Habeas Corpus or some other Legal Writ or where the Prisoner is delivered to the Constable or other Inferiour Officer to carry such Prisoner to some Common Goal or where any Person is Sent by Order of any Judge of Assize or Justice of the Peace to any Common Work-House or House of Correction or where the Prisoner is Removed from one Prison or Place to another within the same County in order to his or her Tryal or Discharge in due course of Law or in case of sudden Fire or Infection or other necessity and if any person or persons shall after such Commitment aforesaid Make out and Sign or Countersignâ— any Warrant or Warrants for such Removal aforesaid contrary to this Act as well he that Makes or Signs or Counter-signs such Warrant or Warrants as the Officer or Officers that Obey or Execute the same shall suffer and Incur the Pains and Forfeitures in this Act before mentioned both for the First and second Offence respectively to be recovered in manner aforesaid by the Party grieved Provided also and be it further Enacted by the authority aforesaid Penalty c. for denying an Habeas Corpus That it shall and may be Lawful to and for any Prisoner and Prisoners as aforesaid to Move and Obtain his or their Habeas Corpus And if the said Justices for the time being or any of them in or out of Court upon view of the Copy or Copies of the Warrant or Warrants of Commitment or Detainer or upon Oath made that such Copy or Copies were denied as aforesaid shall deny any Writ of Habeas Corpus by this Act Required to be granted being moved for as aforesaid they shall severally Forfeit to the Prisoner or Party grieved the sum of One Hundred Pounds to be Recovered in manner aforesaid Provided always and be it Enacted That no Person or Persons shall be Sued Impleaded Prosecution for Offences within what time to be made Molested or Troubled for any OFFENCE against this ACT unless the Party Offending be Sued or Impleaded for the same within two years at the most after such time wherein the Offence shall be Committed in case the Party grieved shall not be then in Prison and if he shall be in Prison then within the space of two years after the Decease of the Person Imprisoned or his or her Delivery out of Prison which shall first happen And to the Intent no person may avoid his Tryal at the Assizes or General Goal Delivery by procuring his removal before the Assizes at such time as he cannot be brought back to receive his Tryal there Be it Enacted That after the Assizes proclaimed for or within that County where the Prisoner is detained no person shall be removed from the Common Goal upon any Habeas Corpus granted in pursuance of this Act but upon any such Habeas Corpus shall be brought before the Justices of Assize in open Court who are thereupon to do what to Justice shall appertain Provided nevertheless that after the Assizes are ended any person or persons detained may have his or her Habeas Corpus according to the direction and intention of this Act. And be it also Enacted by the Authority aforesaid That if any Information Suit or Action shall be brought or exhibited against any person or persons for any Offence committed or to be committed against the form of this Law It shall be lawful for such Defendants to plead the general Issue That they are not Guilty or that they owe nothing and to give such special matter in Evidence to the Jury that shall try the same which matter being pleaded had been good and sufficient matter in Law to have discharged the said Defendant or Defendants against the said Information Suit or Action and the said matter shall be then as available to him or them to all Intents and purposes as if he or they had sufficiently pleaded set forth or alledged the said matter in Bar or Discharge of such Information Suit or Action AN ACT For the Revising of An Act for continuing of the Local Laws And one other Act for sending of Souldiers to the Relief of the Neighbouring Provinces and Colonies VVHereas at the Session of this Court in June last past An Act was made Entituled an Act For continuing the Local Laws to stand in Force till November the Tenth One Thousand Six Hundred Ninety and Two which Act is near Expired And Forasmuch as Provision in many Cases is not yet made BE it Enacted by the Governour Council and Representatives in General Court Assembled And by the Authority of the same That the Said Act and every part of it Be and hereby is revived and Continued in full Force to all intents and Purposes from and after the Said Tenth Day of November and shall so Continue until the General Assembly shall take further Order And Whereas at the aforesaid Session one Other Act was Made Entitutled an Act for Transporting of part of the Militia of the Province or Obliging them to March to the Relief of the Neighbouring Provinces or Colonies which Act is also near Expired And Forasmuch as in this time of War there may happen Frequent Occasions for relief to be given unto the Neighbouring Provinces It is therefore Further Enacted by the Authority aforesaid That the Said Act and every part of it be and hereby is revived and Continued in full Force to all intents and Purposes from and after the Expiration of the Six Months in Said Act Mentioned and shall so continue unto the First Day of the Sessions of this Court which shall be in May next and no longer FINIS