The BOOK of the General LAWS OF the INHABITANTS of the JURISDICTION of New-Plimouth Collected out of the RECORDS of the GENERAL COURT And lately Revised And with some Emendations and Additions Established and Disposed into such Order as they may readily Conduce to General Use and Benefit And by the Order and Authority of the GENERAL COURT of New-Plimouth Held at Plimouth June 2d Anno Dom. 1685 Reprinted and Published Nathaniel Clerk Secrt ' SIGILLVM SOCIETATIS PLIMOVTII NOV-ANGLIA 1620 Be subject to every Ordinance of Man for the Lords sake 1 Pet. 2.13 BOSTON In NEW-ENGLAND Printed by Samuel Green 1685. A PREFACE Declaring the Warrantable Grounds and Proceedings of the first ASSOCIATES of the Government of New Plimouth In their Laying the first Foundation of this Government in their Making of LAWS and Disposing of the LANDS within the same VVHereas John Carver William Bradford Edward Winslow William Brewster Isaac Allerton and divers others the Subjects of our late Soveraign Lord JAMES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. Did in the eighteenth Year of His Reign of England France and Ireland and of Scotland the fifty four which was in the Year of our Lord God 1620. undertake a Voyage into that parts of America called Virginia or New-England thereunto adjoyning there to Erect a Plantation and Colony of English intending the Glory of God the Inlargement of His Majesties Dominions and the special Good of the English Nation And whereas by the good providence of our Gracious God the said John Carver William Bradford Edward Winslow William Brewster Isaac Allerton and their Associates Arrived in New-England aforesaid in the Harbour of Cape Cod or Paomet Scituate and being in New-England aforesaid where all the said Persons entred into a civil Combination being the eleventh of November The Combination of the first Associates 1620. in the Year aforementioned as the Subjects of our said Soveraign Lord the KING to become a Body Politick Binding our selves to observe such Laws and Ordinances and obey such Officers as from time to time should be made and chosen for our well-Ordering and Guidance And thereupon by the favour of the Almighty began the first Colony in New-England there being then no other within the said Continent at a place called by the Natives Apaum alias Patuxet but by the English New-Plimouth All which Lands being void of Inhabitants We the said John Carver William Bradford Edward Winslow William Brewster Isaac Allerton and the rest of our Associates Entring into a League of Peace with Massasoit since called Woosamequin Prince or Sachem of those Parts He the said Massasoit freely gave them all the Lands adjacent to them and their Heirs for ever acknowledging himself content to become the Subject of our Soveraign Lord the KING aforesaid His Heirs and Successors and taking Protection of us the said John Carver William Bradford Edward Winslow William Brewster Isaac Allerton and their Associates the natural Subjects of our Soveraign Lord the King aforesaid But having no special Letters Patents for the said Parts of New-England but only the general leave and liking of His Majesty aforesaid for the free Exercise of the liberty of our Consciences in the publick Worship and Service of God wherever we should settle Being therefore now settled and Desiring and Requesting special License and Commission from His Majesty for the ordering our Affairs under his Gracious Protection had sundry Commissions Made and Confirmed by His said Majesties Council for New-England to John Pierce and his Associates whose Name we only made use of and whose Associates we were in the late happy and memorable Reign of our said Soveraign Lord King James but finding our selves still straitned and a willingness in the Honourable Council aforesaid to inlarge us partly in regard of the many Difficulties we had undergone and partly in regard of the good Service done as well in relieving His Majesties Subjects as otherwayes We procured a further Inlargement under the Name of William Bradford aforesaid and his Associatess whose Names we likewise used and whose Associates as formerly we still are By vertue of which Letters Patents liberty is given unto us derivatory from our Soveraign Lord King Charles bearing Date the thirteenth of January Liberties granted by our Patent 1629. being the first Year of His Reign of England Scotland France and Ireland and Signed by the Right Honourable Robert Earl of Warwick in the behalf of the rest of His Majesties said Council for New-England and Sealed with their common Seal allowed to Frame and Make Orders Ordinances and Constitutions for the Ordering Disposing and Governing of our Persons and Distributing the Lands within the said Limits to be holden of His Majesty His Heirs and Successors as of His Mannor of East-Greenwich in the County of Kent in free and common Soccage and not in Capite nor by Knights Service viz. All that part of New-England in America and Tract and Tracts of Lands that lie within or between a certain Rivolet or Runlet there commonly called Coahasset alias Conahasset towards the North and the River commonly called Narrhaganset River towards the South and the great Western Ocean towards the East and between and within a streight Line directly extending up into the main Land towards the West from the mouth of the said River called Narrhaganset River to the outmost Limits and Bounds of a Countrey or Place in New-England commonly called Pokenacut alias Puckenakick alias Sawaamset Westward and another like streight Line extending it self directly from the mouth of the said River called Coahasset alias Conahasset towards the West so far up into the main Land Westwards as the outmost Limits of the said Place or Countrey commonly called Pokenacut alias Puckenakick alias Sawaamset do extend together with one half of the said River called Narrhaganset and the said Rivolet or Runlet called Coahasset alias Conahasset and all all Lands Rivers Waters Havens Creeks Ports Fishings Fowlings and all Hereditaments Profits Commodities and Emoluments whatsoever Scituate Lying and Being or arising within and between the said Limits or Bounds or any of them Furthermore all that Tract of Land or part of New-England or part of America aforesaid which lieth within or between and extendeth it self from the outmost Limits of Cobbisecontee alias Comaseconte which adjoyneth to the River of Kenebeck alias Kenebekike towards the Western Ocean and a place called the Falls at Nequamkike in America aforesaid and the space of fifteen English Miles on each side the said River commonly called Kenebeck River and all the said River called Kenebeck that lieth within the said Limits and Bounds Eastward Westward Northward or Southward last above-mentioned and all Lands Grounds Soyles Rivers Waters Fishings Hereditaments and Profits whatsoever Scituate Lying and Being Arising Happening or Accruing or which shall Arise Happen or Accrue in or within the said Limits or Bounds or either of them together with free Ingress
Egress and Regress with Ships Boats Shallops and other Vessels from the Sea commonly called the Western Ocean to the said River called Kenebeck and from the said River to the said Western Ocean together with all Prerogatives Rights Royalties Jurisdictions Priviledges Franchises Liberties and Immunities and also Marine Liberty with the Escheats and Casualties thereof the Admiralty Jurisdiction excepted with all the Interest Right Title Claim and Demands whatsoever which the said Council and their Successors now have or ought to have or may have and require hereafter in or to any of the said Portion or Tract of Lands hereby mentioned to be Granted or any the premises in as Free Large Ample and Beneficial manner to all Intents Constructions and Purposes whatsoever as the said Council by vertue of His Majesties said Letters Patents may or can Graunt To Have and to Hold the said Tract and Tracts of Land and all and singular the premses above mentioned to be granted with their and every of their Appurtenances to the said William Bradford his Heirs Associates and Assigns for ever to the only proper and absolute use and behoof of the said William Bradford his Heirs Associates and Assigns for ever Yielding and Paying unto our said Soveraign Lord the King His Heirs and Successors for ever one fifth part of the Oar of the Mines of Gold and Silver and one other fifth part thereof to the President and Council which shall be had possessed and obtained within the Precincts aforesaid for all Services and Demands whatsoever allowing the said William Bradford his Associates and Assignes and every of them his and their Factors Agents Tenants and Servants and all such as he or they shall send and imploy about his said particular Plantation shall and may from time to time freely and lawfully go and return Trade and Traffick as well with the English as any of the Natives within the Precincts aforesaid with liberty of Fishing upon any part of the Sea-coast and Sea-shores of any the Seas or Islands adjacent and not being Inhabited or otherwise disposed of by Order of the said President and Council forbidding all others to Traffick with the Natives or Inhabit any the said Limits without the special leave of the said William Bradford his Heirs or Associates and allowing the said William Bradford his Heirs and Associates to take apprehend seize and make price of all such Persons their Ships Goods as shall attempt to Inhabit or Trade with the Salvage People as aforesaid c. Moreover whereas in the first beginning of this Colony divers Merchants and others of the City of London and elsewhere adventured divers Sums of Money with the aforesaid John Carver William Bradford Edward Winslow William Brewster Isaac Allerton and the rest of their Associates on certain terms of Partnership to continue for the term of seven years The said term being expired the Plantation by reason of the manifold losses and crosses by Sea and Land in the beginning of so great a work The Associates Purchase of the Merchants Adventurers being largely Indebted and no means to pay the said Debts but by the sale of the whole and the same being put to Sale We the said William Bradford Edward Winslow William Brewster Isaac Allerton and other our Associates the Inhabitants of New-Plimouth and elsewhere being loth to be deprived of our Labours bought the same for and in consideration of eigteen hundred pounds Sterling with all and singular the Priviledges Lands Goods Buildings Chattels Ordnance Munition or whatsoever appertained to the said Plantation or the Adventurers thereunto belonging as appeareth by a Deed between the said Isaac Allerton then Agent for the said William Bradford and his Associates on the one part and John Pocock Robert Keyn Edward Basse James Sherly and John Beauchamp on the other part being thereunto deputed by the said Merchants and the rest Adventuring as aforesaid as appeareth by a Deed bearing Date Nov. 6th in the third Year of the Reign of our Soveraign Lord Charles by the Grace of God King of England Scotland France and Ireland c. Anno Dom. 1627. Be it Known therefore unto all Men by these presents that according to our first intents for the better effecting the glory of God the enlargement of the Dominions of our said Soveraign Lord the King and the special good of His Subjects by virtue as well of our Combination aforesaid as also the several Graunts by us procured in the Names of John Peirce and William Bradford And their further Right in respect of Vacancy Donation Purchase of the Natives to Give and Graunt Lands c. their Heirs and Associates together with our lawful Right in respect of Vacancy Donation or Purchase of the Natives and our full Purchase of the Adventurers before expressed have given unto Allotted Assigned and Granted to all and every person or persons whose Name or Names shall follow upon this publick Record such proportion or proportions of Grounds with all and singular the priviledges thereto belonging as aforesaid to him or them his or their Heirs and Assigns successively for ever to be Holden of His Majesty of England His Heirs and Successors as of His Mannor of East-Greenwich in the County of Kent in free and common Soccage and not in Capite nor by Knights Service yielding and paying to our said Soveraign Lord the King His Heirs and Successors for ever one fifth part of the Oar of the Mines of Gold and Silver and one other fifth part to the President and Council which shall be had possessed and obtained as aforesaid And whatsoever Lands are or shall be granted to any by the said William Bradford Edward VVinslow William Brewster Isaac Allerton their Heirs or Associates as aforesaid being acknowledged in publick Court and brought to the publick Records of the several Inheritances of the Subjects of our Soveraign Lord the King within this Government it shall be lawful for the Governour of New-Plimouth aforesaid from time to time successively to give under the common Seal of the Government a Coppy of the said Graunt so Recorded Confirming the said Lands to him or them his or their Heirs and Assigns for ever with the several Bounds and Limits of the same which shall be sufficient Evidence in Law from time to time and at all times for the said party or parties his or their Heirs or Assigns to Have and to Hold the said portion of Land so Granted Bounded and Recorded as aforesaid with all and singular the Appurtenances thereunto belonging to the only proper use and behoof of the said party or parties his or their Heirs and Assigns for ever CHAP. I. The General Fundamentals Anno. 1636. and Revised 1671. 1. VVEE the Associates of the Colony of New-Plimouth coming hither as free born Subjects of the Kingdome of England Endowed with all and singular the Priviledges belonging to such Being Assembled Laws to be made by the Freemen or their represen tatives Do Enact
or common Road shall forfeit five shillings or sit in the Stocks an hour 22. Whereas divers unruly Persons Servants and others in several places of this Colony meet together to walk about in the Night to Drink Revel or Pilfer the same tending to the corrupting and debauching of the Youth and many offend and prejudice the peaceable Inhabitants of the several Towns for prevention whereof of night-walkers It is Ordered by this Court and the Authority thereof that all Persons walking in the Fields or Streets after nine or ten a clock at Night unless known peaceable and orderly Inhabitants shall be liable to be examined by the Select men Constable or Watch of the Town or if complained on by any other Person of the Town and if they cannot give a satisfactory reason for their so doing he or they shall be had before some Magistrate or other Person Authorized who upon the hearing of the Case it appear they have been Rude or unseasonably Drinking Revelling Gaming Sporting or any wayes disturbing or if it be Servants or Children and it be without their Parents or Masters leave they shall for the first Offence be Admonished or pay five shillings to the County or sit in the Stocks an hour and if Transgress a second time to pay ten shiliings or be whipt with ten Lashes and so from time to time as often as they Transgress 23. Ordered c. If any person Summoned to Answer any Presentment or for any Fault or Misdemeanour de not appear at the time appointed of non-appear ance on Summons to answ any presentment c. he or they shall be proceeded against for Contempt except it appear that they have been prevented by the hand of God 24. It is further Ordered That in case of any Misdemeanour that by Law there is not particular provision made for or that the penalty is not limited or expressed the person being convict thereof shall be liable to be punished by the Magistrate or other person Authorized before whom the Complaint is made by Fine according to his discretion Of misdemenors where no particular Law or Penalty limited not for one offence exceeding ten shillings or sitting in the Stocks not exceeding two hours And if such offence by him or them that have the cognizance thereof shall be thought to deserve a greater Fine or Punishment then the party complained of shall be bound over to Answer the same at the next County Court and be bound with Surety or Sureties for his or their appearance to Answer the same and for their good Behaviour in the mean time and shall be liable being convict to such reasonable Fine or Punishment as the County Court shall see meet according to Crime and Circumstances thereof not exceeding the Fine of five pounds for one offence or punishment by Whipping CHAP VIII Deaths Untimely Death untimly to have a Coroners quest before burial IT is Ordered by the Court and the Authority thereof That whensoever any Person shall come to an untimely or unnatural Death where no Magistrate is near the Constable of the Town shall forthwith Summons a Jury of twelve discreet men to enquire of the cause and manner of his Death who shall present a true Verdict thereof to some of the Assistants or to the County Court upon Oath and all persons are required to give notice of such untimely Death unto a Magistrate if any near or otherwise to the Constable neither shall any such person be buried before a Jury of Coroners Inquest have enquired into the cause of the said Death And if any shall presume to bury any such person before Information given and enquiry made as before they shall pay five pounds fine to the County and be rendred as suspitious of being principals or accessaries in the Death of such person Also Ordered That the return of said Jury shall be Recorded amongst the Records of the County Court and the charge to be paid out of the Estate of the person if any be Dower THat there may be competent Provision made for the certain Maintenance of Wives after the Discease of their Husbands who died Intestate wives to enjoy a third part of their deceased husbands lands It is Ordered and Enacted by this Court and the Authority thereof That every Married Woman who hath not demerited the contrary by her wilful Absence or Departure from her Husband or other notorious Fact without reconciliation to him in his life time or hath not by former Contract with her consent been Estated into some House Lands or Tenements for term of her life shall immediately after the death of her Husband according to the common Law of England for the sustenance of her self the nurture and education of her Children have Right and Interest by way of Dower in and to one third part of all such Houses and Lands as her Husband was at any time seized of during the coverture other then what Lands shee freely resigned up her Interest in to be setout to them by mets and bounds but shall not make strip or wast c. and acknowledged the same before a Magistrate To Have and to Hold unto the said Wife in severalty by Meets and Bounds for and during only the term of her life whether she had issue by her Husband or no said third part to be set out to her by persons appointed thereunto by the County Court if the persons concerned agree not Provided alwayes such Widow endowed as abovesaid shall not commit or suffer any strip or wast Debts paid one third part her personal estate but shall maintain all such Houses Fences and Inclosures as shall be assigned to her for her Dower and shall leave the same in good and sufficient Reparation in all respects the other two thirds to be disposed among the Children as per Law is provided It is also Ordered c. That all just Debts being first paid the Widow shall have one third part of her late Husbands personal Estate to be at her own absolute dispose and the other two thirds to be disposed amongst the Children as the Law is provided And where there are no Children left of the Deceased Intestate Husband there the Widow shall have the one half of the personal Estate unless the Court see just reason and cause to order it otherwise Duers no conveyance good obtained by illegal violenc IT is Enacted by this Court That no Conveyance Deeds or Promise shall be valid which hath been gotten by illegal Violence Imprisonment Threats or forceable Compulsions CHAP. IX Faires Two Fairs Annuality at Bristol IT is Ordered that there may be two Faires Annually kept at Bristol one on the third Wednesday and Thursday in May and the other the third Wednesday and Thursday in November Fences 1. ORdered That all Fences be four foot high or be otherwayes sufficient in the Judgment of the Fence viewers or for defect such Person to bear his own Damage unless the
Damage be done by Hogs unyoaked Fences how sufficient or bear the dammage In common Fields How when to be repaired On penalty and if the Fence in common Fields be not by said viewer judged sufficient the Party that of right ought to maintain the same having notice from said viewers shall make such Fence sufficient in such time as said viewers shall Order which time being expired and said Fence be not repaired according to Order such persons neglecting shall pay ten shillings fine to the viewers who shall forthwith imploy some meet person or persons to make or repair such Fence and if the person to whom such Fence belongs shall neglect or refuse to pay for the doing thereof or for non-payment of his fine for not timely doing it himself the same being signified by the viewers to a Magistrate under their hands there shall be a Warrant directed to the Constable to destrain for the same according to Law 2. Ordered That there be two viewers of Fences or more to be chosen in every Town Annually who are to be upon Oath Fence viewers to be chose sworn 3. For the settling and maintaining of Right amongst Neighbours about Fences Ordered by this Court and the Authority thereof That all such Persons as do or shall make improvement of their Lands by Tilling Improvers of Lands to make and maintain half the fence Mowing or Grazing which do or may ly and be adjacent to the Lands of any other who make improvement of their Lands as aforesaid The one Propriator or improver shall make and maintain one half of the Fence and the other the other half of the Fence in the Line or Range between the said Lands And where one Person shall improve his Land before his Neighbours and make the Fence himself How where the first improver Fence the whole How where one ceaseth to improve if afterwards his said Neighbour shall improve his said Land also he shall pay his Neighbour for half the Fence against his Land according to the present value of it and shall maintain the same and if any such shall cease to improve his Land as aforesaid then any Person that hath joyned Fence shall have liberty to purchase his part of the Fence that ceaseth to improve paying him according to present value by Appizement of indifferent Persons And when any Persons shall make improvement of their Lands lying together as aforesaid What remedy when one of the improvers refuseth to sence his part and one of them shall refuse or neglect to make or maintain one half of the Fence between them as aforesaid that then his Neighbour may make all the Fence in the Line or Range between their Lands and cause the same to be viewed by Persons chosen by both Parties or if one Party shall refuse then to be chosen by him that shall make the Fence or maintain it the other Party refusing or neglecting to make maintain half the said Fence shal pay to such as make it or maintain it the full value of one half of the Cost and Charges in making and maintaining the same from time to time In what Case no remedy to be recovered by due course of Law in any Court proper for the same This Law not to be binding to such as have their Land ly together in a common Field but in such Cases if any Person do Fence in his Land intirely he shall do it of his own charge Fines ORdered That when any Delinquent is fined by any Court Magistrate or other Person Authorized Fines be forth with paid or secured he shall forthwith pay his Fine of give sufficient Security for the payment of the same or their persons secured unt l they do what to be paid in money And that all Fines not exceeding ten shillings shall be paid in Money as also all Fines arising for selling any Liquors Wines Syder c. to the Indians or any contrary to Law 2. It is Ordered by this Court and the Authority thereof That all Fines Issues Amercements Forfeitures Escheats and Royalties belonging to the Countrey All Fines Issues c. belonging to the Country be returned to Court of Assistance before whom they fall to be Entred for the Treasurer notice thereof be sent in by them before whom they may fall to the Court of Assistants which together with such other as shall arise before themselves they shall cause to be truly Entred by the Clerk or Recorder of said Court that the Countrey Treasurer may take notice thereof and be charged therewith And that all Fines or Amercements which may happen to be made or had before any Court Magistrate or other person or persons Authorized thereunto shall by such Court Magistrate or other person be truely given in and caused to be Entred by the Clerk of such County Court unto which they belong that the Treasurer of such County may take notice thereof to gather rèceive and dispose thereof according to the Order of their respective County Courts And that all Fines and Amercemenes aforesaid shall belong to the County wherein they shall fall and arise except where the Law hath otherwise provided Belong to the County where they fall except where the the Law other wise provides And it is further Ordered That all such Fines as fall before a Magistrate Select man or other Persons Authorized not exceeding ten shillings for one Fact shall be for the Poor of the Town or other Towns use where the person is Convict to be disposed by the Select Men where the Law hath not otherwise provided Fishing WHereas by Providence Whales and other great Fish are found a Drift upon the Stream and sometimes cast ashoar in this Jurisdiction 1. It is Ordered That all such Whales as are cast up within the Bounds of any particular Township Whales to whom they belong how or floating upon the Stream within a Mile of the Shoar against the said Bounds of any Township shall be accounted the respective Towns falling within or against their Bounds as aforesaid Allowing one full Barrel of Merchantable Oyl to the Countrey for every such Whale as they are ordinarily cast up and but half a Barrel if it be much wasted or torn away to be delivered to the Treasurers Order at Boston And whosoever shall find any Whale ashoar on the Cape or elsewhere that is out of any Town Bounds and is on the Countreys Bounds or Limits shall allow the Countrey two Hogsheads of Oyl Taking Mackril at unseason able times 2. Whereas there hath been great Inconvenience as is conceived by taking of Mackerel at unseasonable times whereby their Increase is greatly diminished This Court doth therefore Order That henceforth no Mackerel shall be caught except for Spending whilest fresh The time before the first of July annually The penalty on penalty of loss of the same or the value thereof the one half to the Informer and
any Ordinary-keeper do frequently fail in any or all of these upon Complaint he shall lose his Licence 3. It is further Ordered That no Inn-keeper or Ordinary in this Government shall sell Beer for more than two pence the Ale quart upon penalty of three shillings and four pence for every such Offence nor shall any Vintner or Taverner gain more than eight pence upon the quart in any Wine or strong Liquor that they Retail more than it cost them by the Butt or Cask as they bought Fines for Beer Ale or Wine on penalty of twenty shillings forfeiture for every Offence duly proved neither shall any Vintner or Ordinary-keeper suffer any Disorder by excessive Drinking in or at their Houses 4. It is therefore Ordered That he that suffers any person to drink Drunk or to Excess in his House shall be fined for every such Offence Penalty to suffer any to be drunk or drink to excess or to stay Tipling in their houses duly proved five shillings and he that suffers any Town-dweller unless it be upon an extraordinary occasion or publick Imployment to stay Drinking in or about his House above the space of one hour the Ordinary keeper shall be fined two shillings and six pence and the Inhabitant so offending one shilling Who shall not be dieted in an Ordinary Nor have wine or liquor drawn to them on the Lords dayes 5. And it is further Ordered That no single person Labourer or other shall be Dieted in any Inn or Ordinary in the Town to which he belongeth on the penalty of five shillings a week fine to be paid by the Ordinary keeper And that no Ordinary-keeper suffer any Wine or Liquor to be drawn in his House on the Lords day to any except in case of necessity for the moderate relief of those that are sick or faint for their necessity refreshment not to young persons or such as need it not in pain of ten shillings nor Beer nor Syder but to Strangers or such as live distant from the Meeting and to such only for their necessary Refreshment and that on penalty aforesaid 6. And for the preventing of the great Abuse by the exceeding Drinking of Liquors and other Drink in Ordinaries c. 7. This Court Ordereth That every Ordinary-keeper in this Government shall be hereby Impowred and Required The disorders unruliness in Ordinaries to have their names returned to Court that in case any person or persons do not attend Order but carry themselves uncivily by being importunately desirous of Drink when denied and do not leave the House when required such Ordinary-keeper shall return their Names to the next County Court that so they may be proceeded against according to the nature of the Offence and in case any Ordinary keeper shall neglect so to do he shall be fined five shillings for every such default 8. It is Ordered by this Court That two or three men besides the Constable and Grand Jury men be appointed and impowered in each Town of this Jurisdiction to have the inspection of the Ordinaries Inspectors of Ordinaries or in any other places suspected to take notice of such abuses as may arise in reference to the Premises or otherwise and make return thereof to the County Court 9. That no Ordinary-keeper suffer any Servants or Children under the Government of their Masters or Parents to buy or sit drinking any strong Liquors or Wine Beer Ale or Syder in their houses or where they have to do without liberty from their Parents or Masters except in case of necessity for their relief in penalty of five shillings 10. That no person or persons shall hereafter be Licenced to keep a House of common Entertainment for any longer than one year at a time and that such as keep Houses of Entertainment shall renew their Licence Anunally at the County Court Ordinaris Licence to be annually recorded and pay two shillings Fee to the Clerk of the Court for Recording their Grant or Renewal thereof and give Bond with two Sureties for their keeping good Orders and to respond all Breaches of Law that they may be convicten of 11. That all Ordinary-keepers cause their Houses to be cleared of all Town dwellers and Strangers When to have their houses cleared unless Lodgers or Travillers by nine a clock every night and by twilight on Saturday night and not suffered to be drinking in their Houses on Sabbath day night on penalty of five shillings fine of every Person so Transgressing and five shillings fine of the Ordinary-keeper for entertaining them And to whom they may not sell or deliver Wine c. 12. It is Ordered by the Court and the Authority thereof That none shall presume to deliver any Wine strong Liquors or Syder to any person or persons who they may expect will abuse the same or to any Boyes Girles or single person though pretending to come in the name of any sick person without a note under the hand of some sober person in whose name they come on pain of five shillings for every such Transgression the one half to the County and the other half to the Informer Indictments Presentments Complaints c. Presentments complaints to be made within a year unless in case 1. IT is Ordered by this Cours That no Person shall be Indicted presented or informed against to any Court or Magistrate within this Jurisdiction for the Breach of any Penal Law or any other Misdemeanor the forfeiture whereof belongs to the Country or County unless the said Indictment or Information c. be made and Exhibited within one year after the Offence is committed unless the penalty thereof exceeds five pounds This Law shall not extend to any Capital Offence or any Crimes that may concern loss of Member or banishment And in case of Fornication Presentment may be any time within twelve Months after the Fact is publickly known nor shall any Indictment Presentment or Information hinder any person grieved for any wrong done to him his Wife Children or Servants or Estate Real or Personal but that every such Person shall have such Remedies as formerly he he might or ought to have in Law Persons indicted of Capital Crimes must not withdraw but surrender themselves on penalty Ordered That if any Person shall be Indicted or Legally Charged with any Capital Crime who is not then in durance and shall withdraw or refuse to render his Person to some Magistrate or Officer in this Jurisdiction within one Month after the Proclamation made publickly in the Town where he did formerly and usually abide there being a full Month betwixt Proclamation and Proclamation his Lands and Goods shall be Seized to the use of the Colony and Ordered with due respect to his Family as the Court of Magistrates shall Judge meet till he make his lawful appearance and such withdrawing himself shall be and stand in stead of one witness to prove the Crime charged unless he
That whatsoever Indians who have or shall have Guns or other Arms that have or shall manifestly appear to be unfaithful and treacherous to us shall forfeit their Arms and not suffered to have or carry any Arms until they shall have Licence from the County Court none to sell hire or give to any Indian any Boats c. 8. It is also Ordered That whosoever shall any wayes sell hire or give to any Indian or Indians any kind of Boat Barque or other Vessel of burthen or Sail or Tackling to fit up any such like Vessel shall forfeit twice the value of it 9. It is also Ordered by this Court and the Authority thereof That no Person whither Inhabitant of this Government or other shall Purchase Anno. 1643 Hire or receive of Gift of any Indian or Indians any Lands that lie within the Line of this Colony without the Order and Allowance of this Court None to purchase land of Indian or Indians without liberty on pain of forfeiting for every Acre so Bought Hired or any wayes obtained of them five pounds to the Colonies use and if the Fine or Forfeiture cannot be obtained the Lands so procured shall be forthwith seized for the Colonies use 1643 1671. nor Wood or Timber Neither shall any person Buy Hire or Receive any Wood Timber of the Indians without the Courts allowance on pain of forfeiting five times the value thereof to the Colonies use none to sellany Mare to the Indians nor they to keep any 10. It is also Ordered That no person within this Government shall give or sell any Mare to any Indian on pain of the forfeiture of every such Mare or the value thereof and that no Indian keep any Mare on like pain of the forfeiture of every such Offence In trials between English Indians what testimony to be accepted 11. And that equal Justice may be done in such Controversies as may arise between the English and the Indians the Indians not hither having been admitted to give Testimony upon their Oath would be greatly disadvantaged and may be much wronged if no Testimony should in such case be accepted but on Oath This Court therefore Orders That any Court Magistrate or other person before whom the Trial of any such Case may come shall duely consider all the circumstances with the Pleas and Testimony though not on Oath presented before them and give Judgment as to them appears to be most just and right according to their best Understanding and Conscience 12. Whereas it hath been found by Experience that trusting the Indians before hand any considerable value Indians not to be trusted but under limitation hath not been advantagious but prejudicial both to the English and Indians the Indians being very apt to run into many Peoples Debts where they can be trusted and there pawning or selling the things they are trusted for at a most inconsiderable price for money to get Liquor whereby themselves families are without any benefit thereby and the English frustrate of their pay for the same It is therefore Ordered That no English person shall trust any Indian before hand for any thing or things at any one time which exceeds the value of twenty four shillings or at any time after for any such or lesser Sum until said Indian hath first paid for that he first had on trust on penalty of such English being debarred the Recovery by any other Action or Plaint of any such Debt more than said twenty four shillings And in case any Indian have not wherewith to satisfie such just Debts how their juse debts shall be satisfied their Lands not to be seized for debt he shall be made to Serve it out per rate of twelve pence per Day in the Summer and six pence per day in the Winter and their Diet and in case they run away before satisfaction given then to be Whipt and made to Serve it out and pay the Damage and in no case shall any Indians Land be seized for payment of any of his Debts due to any particular Man None to buy Guns c. of Indians on pain 13. And it is further Ordered That no person snall presume to Buy any Guns Tools Cloaths or any other Goods of any Indian on pain of their return of said Guns Tools Cloathes or other Goods to the Owner thereof free of charge from whom they were borrowed stolen or purloined by any Indian or Indians 14. It is also Ordered That any of the Magistrates or Select-men with the consent of a Magistrate may put out any young Indians that run Ideling about Who may put out young Indians to service none take them but by a Magistiates order and are not subject to any Government of their Parents or others unto some good English Masters to serve till they are twenty or twenty one years of age where they may be well Educated And that none of the English shall detain any of the Indian Children to be their Apprentice or Servant under any pretence of Agreement or Indenture whereunto some one of the Magistrates hath not first assenred and given his Approbation 15. It is also Ordered That if any Indian who is a Servant to the English shall run away amongst any Indians such Indians to whom such Servants shall come shall not Entertain such Servants on penalty of ten shillings but forthwith either carry such Servants himself or charge the Indian Const able forthwith to carry such Run awayes unto his Master Indian runaway Servants how dealt with of before some one of the Magistrates Select men or other Inspectors of the Indians who may cause him or her to be whipt and sent home to his or her Master who shall order what said-Master shall pay to the Constable or other Indian who shall bring his said Servant and also in what manner said Servant shall allow his Master for the charge and damage he hath put him unto by such Running away None to furnish Indians with strong-liquors c. 16. Whereas notwithstanding many Orders have been made for the prevention of Drunkenness amongst the Indians yet it doth still abound through their unsatiable desire to drink unto Drunkenness if they can obtain it and through the covetous evil Principle of some English in helping them unto it not regarding the guilt they thereby contract to themselves of the Murders Out rages and other mischiefs which have been the frequient horrid effect thereof to the great dishonour of God For the prevention whereof It is therefore Ordered by this Court and the Authority thereof That whatsoever Person or Persons doth at any time directly or indirectly give sell truck or any wayes procure to or for any Indian or Indians or any wayes furnish any of them with any Wine Sider strong drink or Liquors of whatsoever made or by whatsoever name the said strong drink or Liquors be called shall forfeit five pounds provided this Order
Page 29 Number 4 How where the first Improver Fenceth the whole How where one ceaseth to Improve What Remedy when one of the Improvers ceaseth to Fence his part Number 5 In what case no remedy Page 29 Fine Number 1 Fines to be forthwith paid or secured what to be paid in mony Page 30 Number 2 All Fines Issaes c. belonging to the Country to be returned by them before whom they fall unto the Courts of Assist ants to be entred for the Treasurers notice thereof and all had or made before the County-court Magistrates or others shall be caused to be entred in the County-court c. and to belong to the County where they fall except where the Law hath otherwise provided Page 30 Fishing Number 1. Whales to whom they belong and how Page 30 Number 2 Taking of Mackerill at unseasonable times the time the Penalty none to draw a Shore Mackerill with Nets Page 30 CHAPTER X. Highways Number 1 HIghways in case to be laid out by indifferent men chosen by the County-Court Page 31 Number 2 Town high-ways between Neighbourhoods how to be laid out Page 31 Number 3 Country Roads to be forty foot wide Page 32 Number 4 Surveighors of Highways to give three days warning Penalty for Non-appearance who to work at Highways none to be warned to work twice till all have gone over once Page 32 Number 5 Penalty of Surveighors neglect Page 32 Number 6 Those warned where to appear and what time to work Page 32 Number 7 Surveighors to give Account to the Select-men Page 32 Number 8 Country Highways to be laid out by a Jury and an account thereof together with the bounds to be presented to the Town clerk on Penalty and he to send a Copy thereof to the Secretary to be Recorded and that none set any Gate or Fence athwart any such High-way without Licence on Penalty and the Surveyors to renounce such Nusance Page 32 Horses Number 1 Horses to be branded markt and entred Fees for entring not to be carried away without a Ticket on Penalty Page 33 Number 2 Strays to be cryed no Owner appearing how to be disposed and used Page 33 Stature of Stone Horses to go at large on pain Page 34 Number 4 Horses Impounded or not to pay Damage doner Page 34 Number 5 Forreigners Horses how to be dealt with Page 34 CHAPTER XI Inn-keepers Number 1 NOne to keep Ordinaries or Retail Wine c. without Licence on Penalty Page 34 Number 2 Ordinaries how to be provided Page 35 Number 3 Price of Beer Wine and Liquors Page 35 Number 4 Penalty to suffer any to be drunk or drink to excess or stay Tipling in their Houses Page 35 Number 5 Who shall not be Dieted in an Ordinary nor have Wine and Liquor c. drawn to them on the Lords day Page 35 Number 6. The disorderly and unruly in Ordinaries to have their names returned to Court Page 35 Number 8 Inspecters of Ordinaries Page 35 Number 9 Servants and Children not allowed to buy or sit drinking in Ordinaries without Licence c. Page 35 Number 10 Ordinaries Licence to be annually Renewed Page 36 Number 11 When to have their Houses cleared Page 36 Number 12 To whom they may not sell or deliver Wine c. Page 36 Indictments Presentments Complaints c. Number 1 Presentments Complaints to be made within a year unless in case Page 36 Number 2 Persons Indicted on Capital Crimes must not withdraw but surrender themselves on Penalties Page 36 Indians Number 1 Indians not to Powwaw or perform any Devil-Worship Page 37 Number 2 Not to Resort to English Houses on the Lords-Day Nor to profane the Lords Day Page 37 Number 3 Not to be Night-Walkers Page 37 Number 4 Not to give any Ear-Mark to their Swine nor sell any with their Ears cut off dead or alive Page 37 Number 5 Government of the Indians taking care of the Preaching of the Gospel to them and of the Admission of Indian Preachers and the obtaining and distributing such Contributions as are allowed to them and with the Concurrence of the Principal Indians to make Orders and constitute Courts Civil Rulers and other Officers to punish for Misdemeanours c. Provided the grieved party shall have liberty to Appeal Page 37 Fines on Indians how to be improved Page 37 Number 6 No Arms to be Sold to the Indians without Licence nor lent nor Ammunition Sold. Page 38 Number 7 Nor in case have or carry Arms without Licence Page 38 Number 8 None to sell hire or give to any Indians any Boats c. Page 38 Number 9 None to purchase hire or receive of gift any Lands of any Indian or Indians without Licence nor Wood or Timber More upon the Title Page 39 Indians Number 10 None to sell any Mares to the Indians nor they to keep any Page 39 Number 11 In Tryals between English and Indians What Testimony to be accepted Page 39 Number 12 Indians not to be trusted but under limitation how their just Debts may be satisfied their Lands not to be seized for Debts Page 39 Number 13. None to buy Guns Tools c. of the Indians on pain c. Page 39 Number 14 Who to put young Indians to Service none to take Indian Apprentices but by a Magistrates Approbation Page 39 Number 15 Indian-Run-away-Servants how to be dealt with Page 40 Number 16 None to furnish Indians with strong Liquors c. What Testimony sufficient for Conviction thereof Page 40 Lawful to seiz any Liquor c. found in an Indians hand Indians falsly accusing any to be whipt Page 40 Jurors Number 1 Grand-Jury chosen and impannelled Their duty Page 41 Number 2 Petty Juries impannelled and sworn to find according to their Evidence liberty to give a special Verdict Page 41 Number 3 Jurors to be Fined for neglecting to attend the Courts and at the first sitting thereof the Penalty of a Grand Jury-man for not serving his Fees the Court to appoint Jury-men in case of want Page 41 CHAPTER XII Lands and Inheritances Number 1 LAnds to be held according to the Tenor of East Green-wich Page 42 Number 2 Lands Entailed to descend according to the Laws of England Page 42 Number 3 Who are Heirs Page 42 Number 4 All Brothers of the whole Blood Heirs to that Brother that dies without Issue Page 42 Number 5 Lands distrained Page 42 Number 6 Lands in Partnership Page 43 Number 7. Liberty to sue cut a Division Page 43 Number 8 Escheats Page 43 Number 9 Conveyances to be acknowledged before a Magistrate Page 43 Number 10 In what case and time Land detained may be sued for and where and when barred Page 43 Leather and Shoomakers Number 1 Sealers of Leather to be chosen and appointed Two Seals to be used no Leather not sufficiently tanned to be Sealed nor to be Sold till Sealed Page 45 Number 2 The Shoomaker that useth Unsealed Leather to make recompence and further to be punished Page 45
Number 3 Hides brought from other Parts and sold or used unsealed to be forfeited The choosing of the Sealers left to the several Plantations Page 45 Number 4 Defective Leather to be searcht for and seized who to have the forfeiture the Sealers Default and Penalty Page 45 CHAPTER XIII Magistrates Number 1 MAgistrates have power to grant Attachments Summons Warrants for Distress c. to hear and determine the breach of Penal Laws not exceeding forty shillings and all Actions of Debt not exceeding forty shillings to examine all suspitious persons administer Oaths and in case to commit to Prison c. Page 46 Marriages Births and Buryals Number 1 A Register to be kept of Marriages Births and Buryals by the Town-clerk and by him to be exhibited to the County-court yearly Page 47 Number 2 Town-clerk to publish Marriages none to be Married without publishing and how to be published Page 47 Number 3 None to be Married without consent of c that are under Covert Page 47 Number 4 None shall inveigle or go about to steall away the Affections of any Maid under Covert without the Consent c. Page 47 Number 5 Who to Solemnize Marriages and to keep Register thereof Page 48 Number 6 No Man to strike his Wife or Woman her Husband Page 48 Maritime matters How to be Tryed Page 48 Marshalls and Constables Directions Attachments Summons c to be served by Marshalls Constables or their Deputies A Return to be made thereof satisfaction first to be demanded by the Officer before Destraint be made Page 48 A Levy to be made upon House or Land if other Estate be not found The Officer in no case to be put to seek for Estate any further than the persons usual place of Abode may seiz the Body in case the person refuse to discover Estate of sufficient value Page 49 Distraint not to be made upon Bedding c. Such liable to Fine or other Punishment who exposeth an others Goods to Destrain instead of his own Page 49 Mills and Millers How much Toll Millers may take They are to have Weights and Scales and two Toll Dishes sealed Page 49 Measures A Copper Standard to be procured and other Measures that are allowed to be made by it Page 50 Meeting-houses Meeting-houses to be Erected in every Town Page 50 Ministers Maintenance Ministers Maintenance how to be raised and how the Inhabitants or some of them shall be Assisted in getting and main taining an able Minister and what to be done where the Inhabitants are negligent therein Page 50 CHAPTER XIV Military Affairs Number 1 THe Souldiers in each County to be a Regiment and commanded by a Serjeant Major Page 51 Companies their Officers and how to be chosen Page 51 Number 2 All between Sixteen and Sixty to attend Trainings and who are exempted from them how they are to be Punished who neglect Trainings and refuse to pay their Fines Page 52 Number 3 Fines to be improved for supplying the Company with Drums Colours c. Page 52 Number 4 How every person of Sixteen Years and upwards is to be provided with Arms and Ammunition Page 52 Number 5 Four Days in a year for Exercise in Motions and use of Arms. Page 52 Number 6 Who are to Vote for persons to be Presented to the Court for Commission-Officers Page 53 Number 7. His Fine that refuseth the Office of a Clerk The Clerks work and duty and Recompence Page 53 Number 8 The Clerk may Distrain by vertue of his Office Page 53 Number 9 The Commission Officers have power to punish Souldiers that are Offenders Page 53 Number 10 Who and how oft to view Arms and Ammunition Page 53 Number 11 Penalty for defect of Drums Page 53 Number 12 Colours Drums c. how to be provided and maintained Page 53 Number 13 Council of War or Court-Marshal its Constitution its power Page 53 Number 14 What Stock of Arms and Ammunition for the Colony for the particular Towns Page 54 Number 15. Military Watches and Wards Page 54 Number 16 Alarms how to be attended what to be taken for an Alarm Page 54 Number 17 Town-Council their Constitution Power Page 55 Number 18 The Major to call his Officers to consult Page 55 Liberty for a Troop Page 55 Priviledg of Commission Officers for idle persons not providing Arms. Page 55 Maimed Soldiers to be provided for Page 55 CHAPTER XV. Pound or Impounded Number 1 IN every Town to be a Pound Cattle to be Repleived or Damage Satisfied Page 56 Number 2 In what Case Cattle trespassing may be Impounded in any place of Restraint upon a mans own ground what shall be sufficient proof of the Cattle that did the Damage Page 56 Number 3 Cattle Damage feizant what shall be allowed for driving them to Pound Page 56 Number 4 The Penalty of Rescues or Pound-breaches Page 57 Sabbath Number 1 Prophanation of Sabbath Page 57 Number 2 To be found Sporting or Drinking on Saturday or Sabbath-day Night after Sun-Set Page 57 Number 3 How far and in what case to Travel on the Sabbath Page 57 Schools Number 1 Latine Schools its encouragement Page 58 Number 2 Maintenance of Schools how to be raised Page 58 Swine Swine to be Ringed Page 59 Town Affairs Number 1 Towns to make Orders Page 59 Number 2 Constables to warn Town-Meetings Page 59 Number 3 Who have liberty to Vote in Town-Meetings Page 59 Number 4 Fines to the Town to be paid to the Select Men. Page 59. Number 5 Choice of Town Officers Page 59 Number 6 Who to be the Town Charge Page 60 Number 7 Persons warned out of any Town no longer to be employed or entertained Page 60 Number 8 Those that have been Inhabitants of another Town to return to that Town Page 60 Number 9 A pair of Stocks and Whipping Post to be in every Town Page 60 Number 10 Who shall be allowed to be House-keepers Page 60 Number 11 He that brings in any like to be a Charge shall secure the Town But if an Apprentice only during his time Page 60 Number 12 Poor to be maintained and by whom Page 61 Number 13 None shall come to inhabit without leave Page 61 Number 14 Penalty of Refusing the Oath of Fidelity Page 61 Number 15 Trespass to Herd on any mans Propriety Page 61 Number 16 Timber Felled and not improved Forfeit Page 61 Number 17 Fit Officers to be chosen none Oppressed Page 61 Number 18 A Ladder to every house Page 61 Number 19 Town Bounds how to be setled and how between Nighbours Page 62 CHAPTER XVI Watches WAtches how to be ordered and attended Witnesses Page 62 Number 1 How Testimonies to be taken Page 63 Number 2 How to be taken in Cases Capital Page 63 Number 3 Testimonies to be written by them that swear or such as are not Parties in the case Penalty for Non-appearance Page 63 Number 4 Witnesses how to be paid Page 63 Wills Number 1 Wills to be witnessed Page 63 Number 2 Proved at Court an Inventory to be taken and with the Will Recorded Page 63 Number 3 Wills Nuncupative Page 64 Number 4 Executors to present the Will to probate Page 64 Number 5 What in case Executors refuse their Executorship Page 64 Number 6 In what case Executors or others Administring shall be lyable to Respond all Debts and Dues Page 64 Number 7 Administrators to be bound by two sufficient Sureties Page 64 Number 8 Dispose of Intestates Estate Page 64 Number 9 Daughters Portions how to be paid Page 65 Wolves Killing of Wolves what how to be paid Page 65 Wrecks How Wreckt Goods shall be secured and disposed Page 66 Number 2 No violence or wrong to be offered to Persons or Goods in Vessels that are driven on Shoar Page 66 FINIS