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
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
Sit at Plimouth twice a year namely the first Tuesday in April when where to Sit. and the first Tuesday in October to Hear Examine and Determine all Cases of Life Limb Banishment and matters of Divorce according to Law and to Receive and Try all Appeals duely brought unto them from any Inferiour Court whether in matters Civil or Criminal to order Warrants for the choice of Juries and constitute Clerks or other needful Officers their power Ordered the Court of Assistants or Council have power to order the Payments to be made out of the Publick Treasury due to such as upon occasion have been Imployed in the Countries Service In which Court to make a valid Determination There shall pe present at least the Governour or Deputy Governour and four Assistants 2. And that Justice be not deferred nor the Countrey needlesly charged It shall be lawful for the Governour Liberty to call a Court of Assistance on special occasion or in his absence the Deputy Governour to call a Court of Assistants to try any Malefactors in any Capital Cause or upon other weighty Occasions as he shall see need 3. Ordered That no Person shall be put to Death in less than four dayes after Condemnation unless the Court see special cause or in case of Martial Law And that it shall be lawful for the Governour or Deputy Governour with the consent of two Magistrates Condemned persons the time of Execution Replevin to Reprieve a condemned Malefactor for a short time and if there be to them special Reason to the next General Court And that Warrants for Execution shall be always Signed by the Clerk of the Court of Assistants by Order of said Court Court of Admiralty BE it Enaced by this Court and the Authority thereof That the Governour for the time being or the Deputy Governour with three or four or the Assistants Courts or Admiratly their constitution power and such other Substantial Persons as the Governour for the time being shall commissionate under the Seal of this Colony shall have full Power to Act as a Court of Admiralty for Hearing and Trying and Determining all Matters and Causes which by the Act Intituled Pirates and Privateers are to be Tried thereby or by a Quorum of them as by the said Commission shall be Authorized either by themselves alone or together with or by a Jury Impannelled for such Trials as the Case may Require County Courts 1. IT is Ordered by this Court and the Authority thereof That there be in this Colony three Counties Countie and County Courts their constitution and that in each County there shall be kept annually two County Courts which Courts shall be kept by the Magistrates living in the several Counties or by any other Magistrate that can attend the same or by such as the General Court shall appoint from time to time and to make a Court there shall be present not less than three Magistrates or Associates and in no case shall Judgment be given without there be two consenting or the major part if more than four Judges and in the absence of the Governour or Deputy Governour the eldest Magistrate shall be President of the Court which Court shall have and hereby have power to order the choice of Juries of Grand Inquest and Trials in their several Countries and to constitute Clerks and other needful Officers the County Treasurer to be appointed and allowed of by said Court annually It is Ordered That each County Court shall have and hereby have power to Hear Try and Determine according to Law all Matters Actions Gauses and Complaints Their power whither Civil or Criminal in any Case not extending to Life Limb or Banishment or matter of Divorce The County of Plimouth its Limits 2. It is Ordered That Plimouth Duxbury Scituate Marshfield Bridgwater and Middlebrough together with all such Place and Villages that do or may lye between the said Towns and the Patent Line be a County Plimouth the County Town and said County called the County of Plimouth In which County shall be kept two County Courts annually courts number time place at the Town of Plimouth one on the third Tuesday in March and the other on the third Tuesday in September The County of Barnstable its Limits 3. It is also Ordered That Barnstable Sandwich Yarmouth and Easthaws the Villages of Sippican Suckonesset and Manamoy shall be a County Barnstable the County Town and said County shall be called the County of Barnstable courts number time place in which County shall be kept two County Courts annually at the County Towns one on the third Tuesday in April and the other on the third Tuesday in October The County of Bristol its Limits It is further Ordered That Bristol Taunton Rehoboth Dartmonth Swansey Little Compton Free-Town Sowammit Pocasset Punkatest and all such Places Towns and Villages as are or may be settled on said Lands shall be a County courts number time place Bristol the County Town and the said County shall be called the County of Bristol In which County shall be kept two County Courts annually at the County Town one on the third Tuesday in May and the other on the third Tuesday in November Deeds c. may be Recordedin the County where they ly and held sufficient 4. It is Ordered c. That all Deeds Bargains Mortgages for Houses Rents Lands not already Recorded in the Publick Records or that shall not be Recorded before the first County Court of each County shall or may be Recorded in the County where they lye by the County Recorder which shall from and after the first County Court that Sits in said County be accounted Legal and Sufficient Record for the same it having been acknowledged or duely Proved before the Recording County Courts to settle the Estate of intestats take probats of Wills 5. It is Ordered that such County Court shall have and hereby have power to settle and dispose according to Law the Estate of any Person that dies Intestate within the County and to grant Letters of Administration and take the probate of Wills To make Orders for County Prisons High-wayes Bridges Rates in their County 6. It is Enacted That County Courts have Power to make effectual Orders about county Prisons High wayes and Bridges and when there is occasion Order Rates to be made in the several Towns and Places of the County for defraying County charges The Raters of each Town to Rate their Inhabitants or Persons under their Constablerick according to the proportion Ordered by the County Court and the Constable to gather such Rates and be accountable for the same to the County Treasurer 7. It is Ordered That in any County where a Stranger dies Intestate the County Court shall appoint a meet Person to Administer on his Estate if he leave any and to secure the same for them of whom of
Ordain and Constitute that no Act Imposition Law or Ordinance be Made or Imposed upon us at present or to come but such as shall be Enacted by consent of the body of Freemen or Associates or their Representatives legally assembled which is according to the free Liberties of the free born People of England Annually chosen by the free men 2. And for the well Governing this Colony It is also Resolved and Ordered that there be a free Electron annually of Governour Deputy Governour and Assistants by the Vote of the Freemen of this Corporation Justice to be equally and speedily administred 3. It is also Enacted that Justice and Right be equally and impartially Administred unto all not sold denied or causelesly deferred unto any None to suffer but according to Law and by due course process of Law 4. It is also Enacted that no person in this Government shall suffer or be indamaged in respect of Life Limb Liberty Good Name or Estate under colour of Law or countenance of Authority but by Virtue or Equity of some express Law of the General Court of this Colony or the good and equitable Laws of our Nation suitable for us in matters which are of a civil nature as by the Court here hath been accustomed wherein we have no particular Law of our own And that none shall suffer as aforesaid without being brought to answer by due course and process of Law 5. And that all Cases whither Capital Criminal or between man and man All Trials to be by Jury be Tried by a Jury of twelve good and lawful men according to the Commendable custome of England except where some express Law doth referre it to the judgment of some other Judg or Inferiour Court where Jury is not in which Case also any party agrieved may Appeal and have Trial by a Jury with liberty to challenge any of the Jury And it shall be in the liberty of any person that is to be tried by a Jury to challenge any of the Jurors and if the challenge be found just and reasonable by the Bench it shall be allowed and others without just exception shall be Impannelld in their room And if it be in case of Life and Death the Prisoner shall have liberty according to the Law of England to except against twenty of the Jury without giving any reason for the same what testimony required in cases 6. That no Person shall be Cast Condemned or Sentenced in any Case Capital Civil or Criminal without the testimony of two sufficient Witnesses or other sufficient Evidence or Circumstances equivolent thereunto unless in any particuler Case the Law hath otherwayes provided 7. And it is Enacted Being the Priviledge of our Charter That all Persons of the Age of twenty one Years Power to make Wills of right understanding and memory whether Excomunicated Condemned or other having any Estate properly theirs to dispose of shall have Power and Liberty to make their reasonable Wills and Testaments and other lawful Alienations of their Lands and Estates be it only here excepted That such as are sentenced for Treason against the King's Majesty An Exception or Realm of England or other Capital crimes shall forfeit to the King or Colony for the carrying on the Charge of Government their personal Estate Their Lands and real Estate being still at their disposal 8. That whereas the great and known end of the first Comers in the year of our Lord The great end of our coming into this Wilderness was Liberty to enjoy the pure worship of God without offence to others 1620. leaving their dear Native Country and all that was dear to them there transporting of themselves over the vast Ocean into this remote wast Wilderness and therein willingly conflicting with Dangers Losses Hardships and Distresses sore and not a few Wars that without offence they under the protection of their Native Prince together with the enlargement of his Majesties Dominion might with the liberty of a good Conscience enjoy the pure Scriptural worship of God without the mixture of humane inventions and impositions and that their Children after them might walk in the Holy wayes of the Lord And for which end they obtained leave from King James of happy Memory and His Honourable Council with farther Graunts from His Gracious Majesty Charles the 1. and His Honourable Council by Letters Patents for sundry Tracts of Land with many Priviledges therein contained for their better Encouragement to proceed on in so Pious a Work which may especially tend to the propagation of Religion c. as by Letters Patents more at large appeareth with further assurance also of the continuance of our Liberties and Priviledges both Civil and Religious under the Royal hand and Seal of our Soveraign Lord King Charles the II. And whereas by the good hand of our God upon us many others since the first comers are for the same end come unto us and sundry others rise up amongst us desirous with all good Conscience to walk in the Faith and Order of the Gospel whereby there are many Churches gathered amongst us walking according thereunto And whereas by the Grace of God we have now had above sixty Years experience of the good consistancy of these Churches with Loyalty to our Prince civil Peace and Order and also with spiritual Edification together with the welfare and tranquility of the Government It is therefore for the honour of God and the propagation of Religion and the continued welfare of this Colony The Churches of Christ to be protected Ordered by this Court and the Authority thereof That the said Churches already Gathered or that shall be orderly Gathered may and shall from time to time by this Government be Protected and Incouraged in their peaceable and orderly walking and the faithful able And the Ministers of the Gospel to be provided for orthodox Teaching Ministry thereof duely incouraged and provided for together with such other orthodox able Dispensers of the Gospel which shall or may be placed in any Township in this Government where there is or may be defect of Church Order All the foregoing Fundamentals inviolably to be preserved 9. And finally It is Ordered and Declared by this Court and the Authority thereof that all these aforegoing Orders and Constitutions are so Fundamentally Essential to the just Rights Liberties Common Good and Special End of this Colony as that they shall and ought to be inviolably preserved CHAP. II. Actions 1. IT is Ordered by this Court and the Authority thereof That all Actâ—ons about Title of Land shall be first Tried in the County where the Lands lieth Title of Land to be tried in the County where it lieth other Trials where one of the parties dwell Trials before a Magistrate and all other Actions Tryable at a County Court shall be Tried at any of the Counties where either Plaintiff or Defendant dwelleth or resideth as the Plaintiff pleaseth
Right it doth or may belong Town Clerks to return to the County Courts the names of Constables Jury men c. chosen 8. It is Ordered That the Town Clerk in such Town Annually return the Names of such Persons to the County Court as by the several Towns are chosen to serve as Constable Grand Jury-men Surveyors of High-ways that they may take their Oaths and be established in their Respective Places and the Select-men to be returned to the Court of Election on penalty of twenty shillings fine for each Neglect Clerk of the County to be the Recorders of the County 9. It is Ordered That the Clerk of the County Court shall be the Recorder of the County who shall Record Deeds and Evidences for Lands lying within the County who shall be under Oath for the faithful discharge of his Place Said Clerk in open Court may Administer Oaths to Witnesses and in the Name or Order of Court to grant Summons Attachments Warrants and to sign and give out Executions for any Judgment obtained in any of the County Courts Their work Power which shall not be until twelve hours after Judgment unless in any particular Case the Law hath otherwise provided nor then if the Court or any special cause shall Respit the same 10. It is Ordered That each County Court may Adjourn their County Courts as to them may seem meet County courts adjournment And all Persons concerned shall be bound to attend the said Adjournment 11. It is Ordered That there be a County Marshal who shall-alwayes attend said Courts who are impowred to serve all Warrants County Marshal work and Power Attachments or Summons that are directed to them and to Levy Executions who may Require Aid in the Execution of their Office which shall be yielded on the same penalty that is for any to refuse to assist a Constable In what Case two Magistrats may grant Administration probate of Wills out of Court 12. It is Ordered That in any Case that requires a speedy proving of a Will or taking out Letters of Administration it shall be lawful for any two Magistrates the Clerk of the County Court being present to Record the same to take the Probate of such Wills and to grant Administrations though out of Court or not in Court time who may determine matters of equity as cannot be relieved by the common Law 13. That a Magistrate or any Court shall have Power to determine all such Matters of Equity in Cases or Actions that have been under their Cognizance as connot be relieved by the common Law as the forfeiture of an Obligation breach of Covenants without great Damage or the like matters of apparent Equity 14. Ordered That the County Court or any two of the Magistrates may as need shall require upon defect of any Towns chusing Raters Who may chuse Raters in defect or the Raters neglecting to make such Rates as by Order of Court are required of them or orderly committed to them make choice of three men in such town to make such Rates as aforesaid Criminals convict to pay cost of prosecution 15. Ordered That in all Criminal Cases or Misdemeanors besides their Fines or Punishment Persons Convict shall pay Cost and needful charges of Prosecution 16. It is Ordered c. That a Judgment acknowledged before any two Magistrates and the Clerk of the Court shall be good in Law and if the Clerk be a Magistrate he with one Magistrate may take such acknowledgment and the Clerk shall have twelve pence for Recording the same Courts of Select-men IT is Ordered by this Court and the Authority thereof That every Town in this Colony shall chuse three or five able Discreet men out of the Free-men of each Town Annualy who shall be presented to the General Court at June to be approved Courts of Select men their constitution power and then Sworn there or before a Magistrate who shall have Power to hear try and determine all Actions of Debt Trespass or Damage not exceeding forty shillings and to grant Summons and Attachments to the Marshal or Constables to be returned into their Courts which may be four in one Year and not more and to Administer Oaths to any that may be used at their Courts or in such Matters as they have to deal withal And Summons Witnesses and upon Issue of the Cases to grant Executions to the Constable or County Marshal who shall Execute the same make Return thereof doing thereupon to the Officer that keeps the Records of such Courts and in all things to act and determine according to Law as is provided for other Courts and causes without Jury and that to make a valid Act there shall be the major part of them consenting and that the Select-men in each Town shall order the Prudential Affairs of the Town viz. to admit approve or disapprove of any Person who shall offer to Dwell or Inhabit in the said Town to provide for such poor and necessitous Persons at the Towns charge as the Town ought to be charged withal to look after and prevent any Incroachments upon High-wayes and Streets to look after the keeping and maintaining the Town Bounds at the Towns charge to put out with the consent of a Magistrate Children that cannot or are not provided for by their Parents or Friends to Service or Apprentice Boyes till one and twenty and Girls till eighteen years of age to put out to Service with the Advice of a Magistrate any Idle Disorderly or Shiftless Persons that are likely to be chargeable to the Town That in such Town where no Magistrate or Person Authorized with Magistratical power is the Select men or any two of them shall have power to convict and punish any persons according to Law for Drunkenness Swearing Cursing Sabbath-breaking Night-walking Breaking of Peace and all such other Matters in their Town referred to them by Law CHAP VII Criminals 1. IT is Ordered by this Court and the Authority thereof That whosoever shall commit Adultery with a Married Woman or one Betrothed to another Man Adultry how to be punished both of them shall be severely punished by Whipping two several times viz. once when the Court is in being at which they were convict of the Fact and the second time as the Court shall Order and likewise to wear two Capital Letters A. D. cut out in Cloth and Sewed on their upper Garments on their Arm or Back and if at any time they shall be found without the said Letters so worn whilest in this Government to be forthwith taken and publickly Whipt and so from time to time as often as they are found not to wear them Fornication how before Contract 2. Be it also Enacted That whosoever committeth Fornication before or without lawful Contract shall be punished by whipping or else pay ten pounds fine each of them to the County But if they be or will be Married to
it also Enacted That if any Notary or Keeper of publick Records or Writings of concernment committed to his Keeping and Trust shall wilfully imbezle or make away any such Records or Writings Falsifying of Records or shall on purpose Falsifie or Deface them by Rasing out adding to them or otherwise such corrupt Officer shall lose his Office be Disfranchised and be Burned in the Face or fined according to the circumstances of the Fact Or corrupting of any Office to such evil inteat And if any person shall endeavour to corrupt any Officer that keepeth such publick Records or Papers of Concernment to procure him to Deface Corrupt Alter or Imbezle any of them he shall be severely punished by Fine Imprisonment or corporal Punishment as the matter may be circumstanced 11. It is Enacted by this Court c. That what person soever being sixteen years of age shall wittingly or willingly make or publish any Lye Pernitious lying which may be tending to the damage or hurt of any particular person or with intent to deceive and abuse the People with false News or Reports shall be fined for every such default five shillings and if the party cannot or will not pay the Fine then he shall sit in the Stocks not exceeding two hours But in case the Lye is greatly pernitious to the Publick Weal it shall be more severely punished according to the nature of it Wilful burning of fences 12. It is Enacted by this Court c. That if any person shall wilfully and of set purpose Burn any Man's Fence he shall make good the Damage to the party wronged be Amerced forty shillings and be bound to the good Behaviour if the Court see Reason Wilful breaking down of Fence gate or Bridge 13. And it is further Ordered That any person that shall wilfully and on purpose break down another Man's Fence Gate or Bridge or leave open any Gate or Barrs to the annoyance or prejudice either of a particular person or a Neighbour-hood he shall make up such Fence Gate or Bridge at his own charge and pay the Damage thereby sustained and be Amerced according to the nature of the Offence Or leaving open gates or bars And for leaving open any Gate or Barrs to pay ten shillings half to the party complaining and proving and half to the County saving the Right of him that openly pulls up a Fence set on his own Land without his Approbation Any one Assistant to Hear and Determine any such Matter Removing defacing Land Marks 14. And whosoever shall wilfully pluck up remove or deface any antient Land-mark or Bounds formerly agreed on between Towns or particular persons or that of right belonging to any Town or particular person he or they shall be fined from twenty shillings to five pounds as the Offence may be circumstanced And any person that shall at any time pull down or deface any Bound-mark under any pretence and not do it publickly or before Witness he shall be liable to the penalty as above expressed Playing at Cards or any unlawful Games 15. It is Enacted by this Court c. That no person in this Government shall play at Cards Dice or any such unlawful Game wherein there is any Lottery at any private house or elsewhere in this Government on penalty of ten shillings fine to be paid by every one that so playes and twenty shillings by the Master or Head of a Family that shall know of and suffer such Gaming in his House or where he hath command Disguise in apparrel Lascivious ends 16. It is Enacted by this Court c. That no Person shall Disguise themselves by strange Aparrel or Aparrel not proper for their Sect to Lascivious and evil Ends and purposes on penalty of being Fined fifty shillings to the County for every such Default or being publickly whipt or bound to their good behaviour as the Court shall see cause 17. Forasmuch as the Sin of Drunkenness doth greatly abound to the dishonour of God impoverishing such as fall into it and to the grief of such as are sober minded for prevention and if it may be for suppression of that growing and prevailing Evil. Penalty of Drunkenness It is Enacted by this Court and the Authority thereof That whatsoever Person shall be found Drunk at any time in any Tavern Ordinary Ale-house or elsewhere in this Government Penalty of Drunkenness The first Second Third Offence or be Legally Convict thereof he or they for the first Offence shall be fined five shillings or sit in the stocks an hour for the second default to pay ten shilling or sit in the Stocks two hours or be whipt for a third Transgression to pay twenty shillings fine or be publickly whipt for a fourth Offence in this kind to pay twenty shillings fine or be whipt Drunkenness Defined and to be bound to their good behaviour standing committed till thy have found Security for the same By Drunkenness is to be understood one that Lisps or falters in his speech by reason of overmuch Drink or that staggers in his going or that vomits by reason of exceffive drinking or that cannot by reason thereof follow his Calling Penalty of common drunkadrs 18. Ordered That the names of such as are found to be common Drunkards in this Government shall be set up in some publick place in the Town and they shall be accounted such when they have been Convicted four times for the same and after they have been so publickly declared whosoever Ordinary keeper or other shall sell give or lend Directly or Indirectly any strong Liquors of such as furnish them with Drink Wine Ale Sider or strong Beer unto any such person or persons shall forfeit ten shillings half to the County and the other half to the informer 19. Whereas many have sustained great Damage by indiscreet and untimely fireing of the Woods Indiscreet Firing the woods It is Ordered c. That none shall fire the Woods at any time but they shall give warning thereof to their Neighbours about them and the time of firing them to be between the fifteenth of February and the last of April And if any shall unnecessarily fire the Woods or not observing this Order damnifying any he shall make good the damage and be fined ten shillings or be set in the Stocks But if any Town think it not their Interest to fire the Woods they may prohibit the same under the penalty of forty shillings Penalty of working or playing on publick dayes of Humiliation or Thanksgiving or running Races with Horses in Streets 20. It is Enacted that none shall presume to Labour work sport or play or attend the same on dayes appointed by the Court for publick Humiliation or Thanksgiving and that each person so offending shall pay five shillings fine to the County 21. It is Enacted That whatsoever Person shall run a Race with any Horse-kind in the street
the other half to the use of the Colony This Court taking into their serious consideration the great Damage that this Colony and our Neighbours is likely to sustain by the catching of Mackerel with Nets and Sanes at Cape Cod or elsewhere near any Shoar in this Colony to the great destruction of Fish and to the discouragement of divers Fishermen as is alledged The Court doth therefore Enact and be it hereby Enacted by the Authority thereof That no person or persons whatsoever after the Publication hereof shall catch or draw on shoar any Mackerel with Net or Nets None to draw ashore Mackrel with Nets Sane or Sanes in any part of this Colony And if any person or persons hereafter shall presume to catch any Mackerel by setting or shooting any Net or Sane such person so offending as aforesaid shall forfeit for his or their said offence all such Nets or Sanes as shall be improved and all such Mackerel as shall be caught by him or them and shall also forfeit every such Vessel and all such Vessels or Boats as shall be imployed therein whether Ketch Sloop or Boat as shall be imployed in taking or carrying away any such Fish if at any time the person so offending be taken within this Government or the value thereof one moiety to the Colony and the other moiety to the Informer that shall prosecute the same And for the better Execution of the said Law Power shall be given by some one or more of the Magistrates by Warrant to some fit man to act as a Water-Bayliff to make seizure of all such Forfeitures as aforesaid This Act to stand till the Court on some Trial thereof shall see cause otherwise to Order CHAP. X. High-Wayes 1. ORdered by this Court and the Authority thereof That where Countrey Roads be wanting through any Township of this Government or where there are Wayes laid out and returned to be Recorded High-ways in case to be laid out by indifferent men chose by the County Court that are not to the satisfaction of the County Court or where the two next Towns cannot agree about the same or where any Town or particular person complain to the County Court and have a pretence of great damage thereby in such case the County Court shall appoint a Committee of indifferent men or Jury out of such Town and the neighbour Towns who shall be upon Oath to view said Way and approve or disapprove thereof and lay out such Way in such places and in such manner as may be most beneficial to the Publick and least prejudicial to particular persons and make return of their doings to the County Court and the charge to be born as the County Court shall determine Town High-ways between Neighbourhood how to be laid out 2. Ordered That where there needs Town High-wayes from Neighbourhood to Neighbourhood or for the necessity of particular persons there shall be such wayes and passages laid out and ordered as a Jury impannel'd and sworn by a Magistrate shall see cause they attending the Law for their Rule provided that if any Town-way between Neighbourhood and Neighbourhood be laid out through any mans Land they shall have meet satisfaction But if the Parties cannot agree the same to be determined by the County Court Country roads to be forty foot wide 3. That common High-wayes or County Roads be forty foot wide or more in low wet and durty ground 4. Ordered That the Surveiors of High-wayes shall give three dayes warning to all persons concerned for themselves Surveiors of High-ways to give three days warning or their Teams when they are to work at the High-wayes as often as need shall require not exceeding six dayes in a year and every person orderly warned that neglects to appear or send a sufficient hand in his room shall pay two shillings six pence per day each day they neglect and each day for a Team five shillings for the Towns use to be levyed by Distress on the Goods of such as are Delinquents by a Warrant to the Constable from any of the Magistrates or Selectmen where there is no Magistrate near Penalty for non appearance to whom the Names of such Delinquents shall be returned by any of the Surveiors all allowed Inhabitants and persons Rateable to be warned and such Housholders that have not Teams and several in their Family capable to work though not Rateable How to work at High-ways such by approbation of the Selectmen may be warned to send two Ordered That the Surveior if he see cause shall hire either Man or Team as occasion requires for the said work and to be paid out of the fines aforesaid and that the Surveiors warn not any Man or Team twice to work on the High-wayes before they have first gone over all the Persons and Teams in the Town None to be warned to work twice till all have gone over once as aforesaid and that each Surveior give an account thereof to the Surveior which shall succeed him for the next Year who shall begin to warn where the other left off Penalty of Surveyors neglect 5. Ordered That every Surveior that neglects his duty in repairing the High-wayes shall forfeit five pounds to the Counties use Those warned when to appear and what time to work 6. Ordered That those warned to work on the High-wayes as aforesaid shall appear at the place appointed according to the Surveiors order with their Carts and themselves fitted with Tools and Instruments suitable to the work by the hour of nine in the Morning and work till four at Evening allowing the space of one hour at Noon for refreshment Surveiors to give an account to the Select men 7. Ordered That the Surveiors do at the end of their Year give an account of their actings and what Monies of the Towns may be in their hands unto the Selectmen of the Respective Towns or such other as the Town shall appoint for that Affair or be liable to a suit to be prosecuted against them by the Selectmen on the Towns Account 8. The Court taking into Consideration the Inconvenience likely to ensure Country-high wayes to be laid out by a Jury by Persons Erecting Fences Gates or Bars athwart County High-wayes to the Anoyance of Travellers Do therefore Enact and be it hereby Enacted That all necessary County High-wayes within this Colony shall between this time and the next October Court be laid out by a Jury where it is not already so done and an account thereof with the bounds presented to the Town Clerk on penalty at the charge of the Respective Towns through whose Lands on Townships such wayes may lead and that Account thereof with the several bounds of each such way in every of the said Towns shall be presented or brought to the Clerk of that Town on penalty of five pounds to be forfeited and paid by that Town that shall neglect the performance thereof And
shall not extend to restrain any charitable act in relieving any Indian bona fide in any suddain Exigent of sickness faintness and not to exceed one Dram or two or by the prescription and direction of some Physitian under the hand of a Magistrate first obtained what testimony sufficient for conviction thereof And it is further Ordered That the Accusation Information or Testimony of any Indian or if there be any other probable circumstance attending it shall be accounted sufficient Conviction of any such Person or Persons suspected to give sell trade procure or furnish any such Indians with any Wine Sider strong drink or Liquors as abovesaid unless such Person or Persons shall on their Oath clear themselves thereof in which case they have that liberty granted to them unless where the circumstances do amount to a sufficient evidence against them And in case any such Offender be not able to pay their fine as abovesaid every such Offender shall be publickly whipt And for the better Execution of this Order It is Declared that such as find out and prosecute such Offenders shall have one third of the Fine and the County wherein it ariseth the other two thirds And further That it may and shall be lawful for any man to seize on any such Wine Syder Strong Drink or Liquors which he finds in the custody of any Indian or Indians and shall have if for his pains Lawful to seiz any Liquors c. found in an Indians custody if Indians falsly accufe any to be whipt provided he bsing said Indian or Indians before some one of the Magistrates or Select men of the Town to be further examined about it and if they will not truly discover where they had such Liquors or other Drink they shall be winpt And if it shall manifestly appear to the Magistrate or Court that such Indian hath wittingly falsly accused any English-man of helping him to or furnishing him with any such strong Liquors or Drink such Indians shall be whipt Jurors Grand Jury chosen impanelled 1. ORdered by this Court and the Authority thereof That the Jurors of Grand Inquest being chosen according to Warrants directed to several Towns being Returned Impannelled and Sworn to serve His Majesty thereon shall inquire into and present the Breach of such wholsome Lawes Ordinances as are of shall be here established Their Duty all such Misdemeanors as manifestly tend to the hurt and detriment of Religion Civility Peace Society or neighbour hood that they shal know or be informed of upon the restimony of any one or more witnesses upon Oath to be commited by any person or persons within this Jurisdiction and to do any other Service which on His Majesties behall be required of them at such Courts and times as by Warrants they shall be required provided no person whatsoever shall be bound to inform present or reveal any private Crime or Offence wherein there is no peril or danger to this Colony or any Member thereof when any necessary tye of Conscience binds him to secrecy unless it be in testimonies lawfully required of them Petty Jurors impannelled and sworn to find according to their Evidence 2. Ordered That petty Juries returned to any Court as before shall be Impannelled and Sworn truly to try between Party and Party and shall find the matter of Fact with the Dammage and Cost according to their Evidence or truly to try between our Soveraign Lord the King and any Prisoners brought to the Bar and the Judges shall declare the Sentence or direct the Jury to find according to Law And in all Cases where the Law is Obscure so as the Jury cannot be fatisfied therein they have liberty to present a special Verdict viz. If the Law be so in such a point we find for the Plantiff Liberty to give a special Verdict but if the Law be otherwife we find for the Defendant In which Case the Determination doth properly belong to the Court And all Juries shall have liberty in matter of Fact if they cannot find the main Issue yet to find and presentin their Verdict so much as they can Jurors to be fined for neglecting to attend the court and at the first sitting thereof 3. Ordered That any Jury-man being orderly chosen and returned to serve at any Court and shall neglect to attend at such Court as he is warned to at the first sitting thereof or that after they are Impannelled and Sworn shall not duly attend any of said Courts and such Service as belong to them they shall be fined as the Court that hath the Cognizance thereof shall see cause not exceeding twenty shillings for one Offence but if Circumstanced with contempt to be punisht according to the nature of such contempt as the Judges shall see meet The penalty of a grand Jury-Man Ordered That whosoever shall refuse to serve in the Office of a Grand Jury-man shall pay forty shillings fine to the Town and the Town to choose another in his room Ordered That every Grand Jury man be paid by their Respective Towns two shillings six pence for every day they have necessarily attenced such service Court appoint persons to attend such Service If there be want of Jury men to make up the number the Court to appoint and require Persons to attend such service on penalty not exceeding twenty shillings unless in case of contempt See more of Jurors Title Clerks CHAP XII Lands Inheritances land to be held according to the tenor of East Greenwich 1. IT is Ordered by this Court and the Authority thereof That whatsoever Lands have or shall be Graunted by the Court to the respective Townships or to any particular Persons either by the Court or particular Townships shall be Held to them their Heirs Successors and Assignes for ever according to the most free Tenour of East Greenwich in the County of Kent in the Realm of England as Graunted to us in our Patent or Charter Lands intailed to descend according to the Law of Engl. 2. It is Ordered and Declared by this Court and the Authority thereof That all Lands heretofore Intailed and that shall be Intailed hereafter shall descend and enure as by the Law of England the same ought to do 3. It is Ordered and Declared c. That all the Sons of any Person having Lands in see simple who are Heirs shall be Heirs paying and satisfying in case as is by Law provided the Eldest Son shall have double to any of his Brethren and all the younger equal Shares of the Land of their Ancestors and where there is but one Son he shall be sole Heir paying and satisfying as aforesaid And where there is no Son all the Daughters shall Inherit alike All Brethren Heirs to him that dies without issue 4. And that all the Brethren of the whole Blood shall be Heirs to any Person dying without Issue the Eldest Brother to have
double to any one of his Brethren And where there is but one Brother he shall be sole Heir to such Brother or other Ancestor and where there is no Brother the Sisters of the whole Blood shall Inherit alike lands distrain'd 5. It is Ordered That all Houses Lands and other Hereditaments that have been or shall be Levied or Distrained and delivered in Execution according to Law and Possession orderly given by any Marshal or Constable or any of their Deputies that Levied the same and is Returned and Recorded shall be and remain to the Party to whom delivered and his Heirs and Assignes as good an Estate as it was to the Person from whom Taken or Recovered 6. That where Lands Tenements Hereditaments fall or happen to be in Partnership either by Descent Gift Graunt Purchase or otherwise Lands in partnership if any Partner die before it be divided the Heirs or Assignes of the Deceased shall have his or their part with the Survivers as fully as any of the Survivers Any Custome to the contrary notwithstanding Liberty to Sue out a division 7. It is also Ordered That any Partner may Sue out a Division of any such Land as he or they may shew good reason for 8. It is Ordered that where no Heir or Owner of Houses Lands Tenements Goods or Chattels can be found upon the Decease of the late Proprietor a true Inventory of every such Estate in all the parts and parcels thereof shall with the first conveniency be duely taken a just Apprizement made upon Oath by fit men thereunto appointed by a Magistrate Escheaâ—â— or in his absence by the Select Men of the Town where such Estate is and the whole Estate shall be seized by the Colony Treasurer till the true Heir or Owner shall make due Claim thereunto unto whom the same shall be delivered upon just and reasonable terms Conveyances to be acknowledged before a Magistrate 9. Ordered c. That all Sales Exchanges Gifts Mortgages or other conveyancies of Houses Lands and other Hereditaments shall be acknowledged before some Magistrate or otherwise that the Witnesses two of them at least to the Deed be Sworn that the Party Graunter Seller Mortgager c. did Seal and Deliver the said Instrument as his Act and Deed before it be committed to publick Record Except that by special Order of Court the clerk be Ordered to Record any Instrument that is not so Proved or Acknowledged and that after the end of May next which shall be in the year 1686. No Sale Bargain Mortgage or Conveyance of any Houses Lands or other Hereditaments where the Seller Bargainer Mortgager c. Remains in possession shall be of any force against other persons Except the Granter Seller Mortgager c. his Heirs unless the same be acknowledged or otherwise proved as abovesaid and committed to Record 10. An Act made July 10. 1669. for quieting Mens Estates and avoiding Suits in Law touching Title of Lands in case time Suit may be Commenced for Lands detain'd where when barred It is Enacted by the Court and the Authority thereof That no person or persons having had for the space or term of ten years fully past and expired any Right or Title of Entry into or cause of Action for any Lands Tenements or Hereditaments whatsoever now detained from him or them shall thereinto Enter or Commence Suit for but within five years next after the end of this present Session of Court and at no time after And that no person or persons having had for the space or term of eighteen years fully past and expired any Right or Title of Entry into or cause of Action for any Lands Tenements or Hereditaments whatsoever now detained from him or them shall thereinto Enter or Commence Suits for but within two years after the end of this present Session of Court and at no time after And that no person or persons shall at any time hereafter make any Entry into or Commence Suit for any Lands Tenements or Hereditaments but within fifteen years next after his or their Right Title or Cause of Action or Suit which shall hereafter first descend fall or accrue to the same otherwise such Title or Cause of Action shall be for ever after barred and the party or parties claiming and his and their Heirs utterly excluded from Entry into or Suit for the same Provided nevertheless That if any person or persons which hath or shall have such Right Title or cause of Action first be or shall be at the time of the said Right Title or Cause of Action descended according or fallen within the Age of twenty one years Feme Covert non compos mentis imprisoned or beyond the Seas then such person or persons his or their Heirs shall or may notwithstanding the said fifteen years expired bring his Action or make his Entry at any time within five years next after his or their full Age discoverture coming of sound mind enlargement out of Prison or coming into this Country take benefit of and so for the same and at no time after the said five years It is further Enacted by the Court c. That such person or persons as have had Right or Title or Entry into or cause of Action for any Lands Tenements Hereditaments hitherto detained from him or them for the space or Term of twenty years fully past and compleat and neglected hitherto to make his or their Entry or to commence Suit for the same shall be for ever Barred and Excluded and utterly disabled from such Entry or Suit to be made excepting as in the abovesaid Proviso This Act to stand at present suiting our Infant Estate till the Court see cause otherwise to Order mean while it shall be the concern of all for the future cause to obtain the best Evidence they can for the Title and Hold of their Lands A supplement to the Prefatory Declaration and Order in the Preface now Orders by His Majesties General Court held at Plimouth June 2d Anno Dom. 1685 As followeth viz. It is by this Court and the Authority thereof Ordered and Declared That all the Lands with their and every their Appurtenances belonging which have been formerly granted by the Court unto Townships or particular Persons according to the several Graunts or Bounds thereof shall be and remain to the several Townships and Grauntees their Heirs Successors and Assignes for ever in as free full ample and beneficial manner to all Intents Constructions and Purposes whatsoever as the Governour and Associates or General Court by vertue of their Letters Patents Declaratory from His Majesty or by any other ways and means whatsoever might or could Graunt And that the Governour for the time being Confirm all such former Graunts of Lands whether Graunted unto Townships or particular Persons which desire the same under the Seal of the Government not yet affixed thereunto And that the Court of Assistants be a Committee from
having Estate Real or Personal being of competent age understanding and memory Wills to be witnessed may by Will dispose thereof as he or they see cause It is therefore Ordered by this Court and the Authority thereof that all such Disposals and Testaments of Lands and Hereditaments in Writing be Sealed by the Testator or his Order in his presence before two or three substantial Witnesses that may be able to testifie that it was his Will and that he was when he so Signed Sealed or Declared it in such capacity as is above expressed and proved 〈◊〉 Court 2. Ordered That such Wills and Testaments be Exhibited to be proved by the Executor or Executors at the next County Court after the Death of the Testator if it may be An◠Inventory to be taken with the Will Recorded and that a true Inventory of the Estate duely valued be presented to be Sworn to and left to be Recorded with the Will and the Probate shall not be taken until such Inventory is presented or sufficient Bond given for the speedy performance of the same And forasmuch as some persons may be suddenly surprized that they may not have opportunity to make a written Will 3. It is Ordered by this Court That if any person do make a Will Non-cupative or a verbal Disposure of his Goods and Chattels it be before two or three good substantial Witnesses that are neither Heirs nor Legatees and they shall within three dayes commit it to Writing Wills noncupative and make Oath to it at the next County Court provided such Disposure were in his last Sickness or not above six Moneths before his Death it shall be accounted good in Law but such Will shall not be approved of or allowed until fourteen dayes after the death of the party and notice given to the Widow and next of Kin that they may contest the same if they see cause Executors to present the Will to probate 4. Ordered That if any Executor shall refuse or neglect to present the Will of any Deceased in order to a Probate more than one Moneth after the County Court that happens next after the Decease of any such person and that so refuseth or neglecteth shall pay five pounds fine to the County and so five pounds for every Moneth he shall neglect the same afterwards What in case Executors refuse their Executorship 5. Ordered That if any person shall renounce his or their Executorship it shall be in open Court or appear to the Court by sufficient Testimony or before two Magistrates the Clerk being present to Record the same in such case the Court or said two Magistrates may grant Administration to the Widow or the Widow and some other of the Kindred if the Widow refuse to some of the next Relations the desire the same if such refuse then to be granted to some one or more of the chiefest Creditors But if they do not desire the same then to be granted to such as the Court or two Magistrates shall see cause and said Writing made out to be the mind of the Testator shall be the Rule for their Administration if capable thereof In what case Executors or others Administring shal be liable to respond all debts dues 6. Ordered That if any Executors or other shall Imbezel any Estate or Alienate and Dispose of any Estate of the Deceased otherwise than for Funeral Charges and of matters necessary for the Family and for the securing of such Estate before the Probate of the Will or his having taken out Letters of Administration and presenting an Inventory of all the known Estate or giving Bond so to do in such case every person so Executing or Administring shall be liable to respond all Debts and Dues and pay all Legacies whither the Estate be sufficient or not Ordered That any Executors or Administrators after they have proved any Will or obtained Administration shall be liable to be Sued and respond for any Wrong or Damage any may sustain by reason of his or their male Administration administrators to be bound by two sufficient Sureties 7. Ordered That whosoever takes our Letters of Administration shall be bound with two sufficient Sureties that they shall Administer according to Law and if the same be neglected the County Court to take the best care therein they can for the securing the Estate and appoint Administration thereon Dispose of Inestates estate 8. Ordered That if any person shall die Intestate Funeral Charges and Debts being paid and such Sum set apart as the County Court shall see meet for the bringing up of small Children or to be allowed for any Child that is Lame Decrepit or otherwise Helpless and like to be more than ordinarily chargeable The remainder of Goods and Chattels to be disposed of as follows one third part to the Widow the other two thirds to be equally divided among the Children discounting with each Child what appears they had before received in part of their Portion saving to the eldest Son a double portion if the Lands assigned to him do not amount unto a double Portion of the whole Estate real and personal 9. Ordered also That if any person dieth Intestate having Lands in fee simple whereby such Lands descend to the Heir Male Daughters portions how paid and there be divers Daughters and no considerable Estate besides Lands when Debts are paid so that Daughters cannot have Portions in any measure according to such Intestate Estate the County Court out of which Administration of any such Estate was granted and where the Land lieth shall have power upon due consideration of such case to appoint such Heir or Heirs male to pay to the Daughters Portions at such time and in such manner and so much as to said Court shall be just and reasonable not exceeding to one Daughter the portion of any younger Brother which he hath by descent and from and by Division of the Intestate Goods and Chattels and if such Heir or Heirs if of full age or their Guardian or Guardians for such or so many as are under age shall not pay such Portion or Portions as the Court hath Ordered and Appointed and set down upon Record The clerk of said Court by order of Court shall grant Execution for such Portion or Portions to be Levied on such Lands as so descended or other sufficient Estate which shall be delivered to the Party and if it be Lands it shall be as good an Estate to Her and Her Heirs as in other case of Lands delivered on Execution Wolves ORdered That if any English man kill a Wolf in this Colony if he bring in the Head to the next Constable he shall have a Receipt of the Constable for the same and shall be allowed twenty shillings Killing of Wolves what and how to be paid And if an Indian kill a Wolf in this Colony and bring the Head to the next Constable he shall have a Receipt
keep all persons which shall be committed to your Custody You shall readily obey and execute all such Commands and Sentences of the Governour or any of the Courts as according to your Office you ought to do by Law You shall deal justly and uprightly and without partiality in the Discharge of your Office You shall extort no Fee Gift or Reward for doing your Office but only what you may take by order of Law The Oath of the Under-Marshall or Goal-Keeper YOu shall well and truly serve in the Office of Under-Marshall and Goal-Keeper for the Colony of New-Plimouth you shall readily Receive into your Custody all such persons as by Warrant or Mittimus from Authority or Order of Law shall be brought to you and them in safe Custody shall keep till they shall thence be delivered by due Course of Law You shall personally attend all such Courts of Assistants and General Court as shall be holden at Plimouth You shall Execute and Inflict all such Sentences and Punishments as by Authority shall be adjudged to be Inflicted upon any Delinquents or Offenders without favour or partiality and shall take only such Fees for doing your Office as by Law are allowed So c. The Oath of a Constable YOu shall Swear to be Truly Loyal to our Soveraign Lord the King His Heirs and Successors You shall faithfully serve in the Office of Constable in the Award of Plimouth for this present year during which time you shall carefully endeavour the Conservation of the Peace of our said Lord the King You shall Arrest all Traitors Fellons Perturbers of the Peace and all other Suspicious Persons that you shall know or be informed of and carry them before the Governour or some one of his Assistants and there attend such Order therein as shall be given You shall readily and truly Serve all Attachments Summons and Warrants whatsoever you shall receive from the Governour Assistants or others Authorized thereunto You shall faithfully Levy Collect and gather all Executions Rates Fines Forfeitures which you shall Receive or have Order for and the Money Goods Chattels or Lands so levyed gathered or distrained you shall deliver to the Party or Parties concerned or to whom it is due You shall readily Obey and Execute all such Commands and Sentences of the Governours Assistants or any of the Courts as according to your Office you ought to do by Law and shall faithfully endeavour the Execution of those Laws which refer to your Office and in all things you shall deal justly and uprightly in the Execution of your Office So c. The County Marshalls Oath YOu shall be Truly Loyal to our Soveraign Lord the King his Heirs and Successors you shall carefully endeavour the Conservation of the Peace of our said Lord the King as the Marshal of the County of Plimouth You shall Arrest all Traitors Fellons and Perturbers of the Peace that you shall know or be informed of and carry them before the Governour or some one of his Assistants and there attend such Order therein as shall be given you You shall attend Personally at all County-Courts you shall readily serve all Attachments Summons Presentments and Warrants whatsoever which you shall Receive from the Governour Assistants or others Authorized thereunto You shall faithfully Levy Collect and Gather all such Rates Fines Forfeitures and other dues whatsoever belonging to the County or such as you shall by Order of Law or Warrant from Authority be required to do and the same deliver unto the County-Treasurer or Party concerned therein You shall truly Leavy and Serve all Executions you shall Receive from Authority and the Money Goods Chattels or Lands you shall Leavy by such Execution you shall deliver to the Party or Parties to whom due or belonging You shall carefully keep all persons which shall be Committed to your Custody you shall readily Obey and Execute all such Commands and Sentences of the said Authority as according to your Office you ought to do by Law You shall deal justly and uprightly and without partiality in the discharge of your Office You shall Extort no Fee Gift or Reward for doing your Office but what you are allowed by Law The Oath of the Jury of Trials between the King and Prisoner YOu shall well and truly try and true deliverance make between our Soveraign Lord the King and the Prisoner at the Bar whom you shall have in Charge and true Verdict give according to your Evidence So help c. The Oath of a Jury of Trials between Party and Party YOu shall well and truly Try the issue between Party and Party and true Verdict give therein according to your Evidence So help c. The Oath of a Jury to inquire of the Death of any Person YOu shall faithfully inquire how or by what means and in what manner and when and where R. K. came by his Death and if you find he was murdered that you inquire by whom and who were Accessaries and that you shall true Verdict give according as you find So help you c. To the Marshal of the County of P. Greeting WHereas A. B. of P. at the County Court held at P. the third tuesday of March last by the Judgment of the said Court Recovered Debt Damage and Costs to the value of Pounds Shillings in Money against C. D. of M. as by Record of said Court appeareth These are therefore in His Majesties Name to Require you on Receipt hereof to repair to the House or Place of usual abode of the said C. D. and there demand the said Sum and two shillings for this Execution and your allowed Fees and upon Refusal or Non-payment that you Levy the same by Distress on the Goods and Chattels and for want thereof upon the Lands of the said C. D. according to Law and for want of Estate that you Levy it on his Body and deliver him to the Keeper of His Majesties Goal at P. there to remain till satisfaction be made of the said Debt Damages and Charges and that you make a true Return hereof and doings hereupon to the Clerk of the said Court Dated c. Per Curiam R. B. Clerk TO the chief Marshal or Marshals of the County of P. or Constable of S. c. you may put in only one of them as the case may be Whereas A. B. of P. Complaineth ahainst C. D. of M. in an Action of Debt to the Damage of five Pounds in Money for Non-payment of fifty shillings in Money due to the said A. B. by Bill Dated c. or by Book or by Account or by Covenant or Contract or for Money Lent or the like which the faid C. D. unjustly detaineth THese are therefore in his Majesties Name to Require you on Receipt hereof to Summon the said A. B. to make his Appearance at the County-Court to be holden at P. the third Tuesday in March next to answer the said Complaint Hereof fail not and make a true Return