shall faile in his duty herein shall forfeit the sum of twenty shillings to be paid to the common Treasury and all persons so chosen as aforesaid accepting thereof which shall be absent from the house during the time of their sitting without just grounds so judged by the house shall pay twenty shillings a day for every such defect and the several returns of each Constable shall be kept on file by the Clerk of the Deputies untill the Court be ended 1654. Common Attorney no Deputy It is Ordered by this Court and the Authority thereof that no person who is an usual and common Attorney in any Inferiour Court shall be admitted to sit as a Deputy in this Court DISTRESSE IT is Ordered by this Court and the Authority thereof that no mans Corn or Hay that is in the field or upon the Cart nor his Garden stuffe nor any thing subject to present decay shall be taken in Distress Distress upon Corn or Hay c unless he that takes it doth presently bestow it where it may not be imbezled nor suffer spoile or decay or give security to satisfie the worth thereof if it comes to any harm 1641. DOWRIES FOrasmuch as no provision hath been made for any certain maintenance of Wives after the decease of their Husbands Wives to enjoy the third of their Husbands Lands c. It is Ordered by this Court and the Authority thereof that every Married Woman living with her Husband in this Juri diction or other where absent from him with his consent or through his meer default or inevitable providence or in case of Divorce where she is the innocent party that shall not before Marriage be estated by way of joynture in some Houses Lands Tenements or other Hereditaments for tearm of life shall immediately after the death of her Husband have Right and Interest by way of Dowry in and to one third part of all such Houses Lands Tenements and Hereditaments as her Husband was seized of to his own use either in possession Reversion or Remainder in any Estate of Inheritance or Frank-tenement not then determined at any time during the Marriage to have and enjoy for the tearm of her natural life according to the Estate of such Husband free and freely discharged of and from all Titles Debts Rents Charges Judgements Executions and other Incumbrances whatsoever had made or suffered by her Husband during the said Marriage between them or by any other person claiming by from or under him or otherwise then by some Act or Consent of such Wife signified by writing under her hand L. 2. p. 5. and acknowledged before some Magistrate or others Authorized thereunto which shall bar her from any Right or Interest in such Estate And if the Heir of the Husband or other person Interested shall not within one Month after lawful demand made Widdows third part to be set out assigne and set out to such Widdow her just third part with conveniency or to her satisfaction according to the intent of this Law then upon a Writ of Dowry in the Court of that Shire where the said Houses Lands Tenements or other Hereditaments shall lye or in the Court of Assistants if the same lye in several Shires her third part or Dowry shall be assigned her to be set out in several by Mets and Bounds by such persons as the same Court shall appoint for that purpose with all costs and damages sustained Provided alwayes this Law shall not extend to any Houses Lands Tenements or other Hereditaments sold or conveyed away by any Husband Bona fide for valuable consideration before the last of November one thousand six hundred and forty seven Provided also that every such widdow so endowed as aforesaid shall not commit or suffer any strip or waste Not to suffer strip or waste but shall maintain all such Houses Fences and Inclosures as shall be assigned to her for her Dowry and shall leave the same in good and sufficient reparation in all respects 1641. DROVERS IT is Ordered by this Court and the Authority thereof That if any man shall have occasion to lead or drive Cattle from place to place that is far off so that they be weary or hungry or fall sick or lame it shall be lawfull to rest and refresh them for a competent time in any open place that is not Corn Meadow or inclosed for some particular use 1641. ECCESIASTICAL ALL the People of God within this Jurisdiction who are not in a Church-way and be Orthodox in Judgement and not Scandalous in life Liberty to gather Churches Shall have full liberty to gather themselves into a Church Estate provided they do it in a Christian way with the observation of the Rules of Christ revealed in his Word with approbation of Magistrate Elders Provided also that the General Court doth not nor will hereafter approve of any such companies of men as shall joyn in any pretended way of Church-fellowship unless they shall acquaint three or more Magistrates dwelling next and the Elders of the Neighbour Churches where they intend to joyn and have their approbation therein 2. It is further Ordered that no person being a Member of any Church which shall be gathered without the approbation of the Magistrates and the said Churches shall be admitted to the freedome of this Common-wealth 3. Every Church hath free liberty to exercise all the Ordinances of God according to the Rule of the Scripture To chuse Church Officers 4. Every Church hath free liberty of Election and Ordination of all her Officers from time to time provided they be able pious and Orthodox 5. Every Church hath also free liberty of Admission Recommendation Dismission and expulsion Members or Disposal of their Officers and Members upon due Cause with free Exercise of the Discipline and Censures of Christ according to the Rules of the Word No Humane Institutions 6. No Injunction shall be put upon any Church Church officer or Member in point of Doctrine Worship or Discipline whether for Substance or Circumstance besides the Institution of the Lord. 7. Every Church of Christ hath freedome to Celebrate dayes of Fasting and Prayer and of Thanksgiving according to the Word of God Elders meeting 8. The Elders of Churches and other Brethren and Messengers have liberty to meet Monthly Quarterly or otherwise in convenient Numbers and Places for Conference and Consultation about Christian and Church Questions and Occasions provided that nothing be concluded and imposed by way of Authority from one or more Churches upon another but onely by way of Brotherly Conference and Consultation 9. All Churches also have liberty to deal with any of their Members in a Church way that are in the hands of Justice so it be not to retard and hinder the course thereof 10. Every Church hath liberty to deal with any Magistrate Deputy of Court or other Officer whatsoever that is a Member of theirs in a
his other Fees 5. And it is Ordered That all Marshals and Constables within this Jurisdiction shall henceforth from time to time A. 53. p. 20 allow and pay unto the Marshal General three pence out of every fifteen pence they receive for serving Attachments also three pence out of every shilling due to them for Leavying of Fines and Executions Marshal General his Fees And it is further Ordered That the said Marshal General shall from time to time have and enjoy to his own use and benefit the Custome of two pence per quart upon all such as do or shall Retail strong waters and all such as shall sell under one Gallon at a time shall be accounted Retailers whether Licensed or not and the one half of the sine of five pounds of all such persons as shall upon his information or complaint be convicted to have sold strong waters without License as also the sole benefâ—t of the Impost of all strong waters brought into the Country which this Court doth allow as a meet Incouragement and Sallary for the service of the said Marshal General 6. Whereas the Marshals and their Deputies have often need of Assistants in the execution of their Office L. 1. p. 10. It is Ordered that they and every of them Marshal may â—eâ—â—â—â— is the Constable may have and shall have the same power to enjoyne and charge any person to aid them and assist them therein as every Constable hath and whosoever shall refuse or not yield Obedience thereto shall incur the like penalty that those do or should do that Refuse to aid the Constable in his Office 7. And upon cases of Fines and Assessments to be Leavied L. 1. p. 45. and upon Execution in civil Actions the Marshal or other Officer shall demand the same of the party at his house or place of usual abode Officer may break open doors oâ— chests and upon refusal or non-paiment he shall have power calling assistance if he see cause to break open the door of any House Chest or place where he shall have notice that any Goods liable to such Leavie or Execution shall be and if he be to take the person he may do the like if upon demand he shall refuse to render himself 8. Necessary charges to be leavied And what ever charges the Officer shall necessarily be put unto upon any such occasion he shall have power to leavie the same as he doth the Debt Fine or Execution and where the Officer shall leavie any such Goods upon Execution as cannot be conveyed to the place where the party dwells for whom such Execution shall be leavied without considerable charge he shall leavie the said charge also with the Execution The like Order shall be observed in leavying of fines Provided it shall not be lawful for such Officer to leavie any mans necessary Bedding Goods exempt from Execution Apparel Tools or Arms neither Implements of House hold which are for the necessary upholding of his life but in such cases he shall leavie his land or person according to Law and in no case shall the Officer be put to seek out any mans estate further then his place of abode but if the party will not discover his Goods or Lands the Officer may take his person 9. Officer doing wrong to make satisfaction And it is Ordered That if any Officer shall do injury to any by colour of his Office in these or any other cases he shall be liable upon complaint of the party wronged by Action or information to make full restitution 1647. Masters Servants Labourers Servants not to give or truck IT is Ordered by this Court and the Authority thereof That no servant either Man or Maid shall either give sell or truck any Commodity whatsoever without License from their Masters during the time of their service under pain of fine or corporal punishment at the discretion of the Court as the offence shall deserve 2. Work the whole day And that all Workmen shall work the whole day allowing convenient time for food and rest 3. It is also Ordered That when any Servants shall run from their Masters Servants run away to be pursued or any other Inhabitants shall privily go away with suspition of evil intentions it shall be lawful for the next Magistrate or the Constable and two of the chief Inhabitants where no Magistrate is to press Men and Boats or Pinnaces at the publick charge to pursue such persons by Sea and Land and bring them back by force of Arms. 4. It is also Ordered by the Authority aforesaid That the Freemen of every Town may from time to time as occasion shall require Wages to be sâ—â— b◠〈…〉 in Towns agree amongst themselves about the prizes and rates of all workmens labour and servants wages And every person inhabiting in any Town whether Workmen Labourer or Servant shall be bound to the same Rates which the said Freemen or the greater part shall binde themselves unto and whosoever shall exceed those Rates so agreed shall be punished by the discretion of the Court of that Shire according to the quality and measure of the offence And if any Town shall have any cause of complaint against the Freemen of any other Town for allowing greater Rates or wages then themselves the County Court of that Shire shall from time to time set order therein 5. And for servants and workmens wages It is Ordered That they may be paid in Corn to be valued by two indifferent Freemen chosen Wages to be paid in Corn the one by the Master the other by the Servant or Workman who also are to have respect to the value of the work or service and if they cannot agree to be valued then a third man shall be chosen by the next Magistrate or if no Magistrate be in the Town then by the next Constable unless the parties agree the price themselves Provided if any Servant or Workmen agree for any particular payment then to be paid in specie or consideration for default therein And for all other payments in Corn if the parties cannot agree they shall choose two indifferent men and if they cannot agree then a third as before Servants flying cruelty 〈◊〉 Mast may be harborâ—â— 6. It is Ordered and by this Court Declared That if any Servant shall flee from the Tyrany and Cruelty of his or her Master to the House of any Freeman of the same Town they shall be there protected and sustained till due order be taken for their Relief Provided due notice thereof be speedily given to their Master from whom they fled and to the next Magistrate or Constable where the party so fled is Harboured Servants not put off with put â—â—â—wance of 2 Mag. 7. Also that no Servant shall be put off for above a year to any other neither in the life time of their Master nor after their death by their Executors or
THE GENERAL LAWS And LIBERTIES Of the MASSACHUSETS COLONY Revised Re-printed By Order of the General Court Holden at Boston May 15th 1672 Edward Rawson Secr. Whosoever therefore resisteth the Power resisteth the Ordinance of God and they that resist receive to themselves Damnation Rom. 13. â— CAMBRIDGE Printed by Samuel Green for John Vsher of Boston 1672. THE GENERALL LAWS OF THE MASSACHVSETS COLONY REVISED AND PUBLISHED BY ORDER OF THE GENERAL COURT in October 1658. FOrasmuch as the free fruition of such Liberties Immunities Priviledges as Humanity Civillity and Christianity call for The Civil priviledges of the Inbitants of this Colony as due to every Man in his Place and Proportion without Impeachment and Infringement hath ever been and ever will be the Tranquility and Stability of Churches and Common-wealth and the denyall or deprival thereof the disturbance if not ruine of both It is therefore Ordered by this Court and the Authority thereof That no mans life shall be taken away no mans Honour or good Name shall be stained no mans person shall be arrested restrained banished dismembred nor any wayes punished no man shall be deprived of his wife or children no mans goods or estate shall be taken away from him nor any wayes indamaged under colour of Law or countenance of Authority unless it be by virtue or equity of some express Law of the Country warranting the same established by a General Court and sufficiently published or in case of the defect of a Law in any particular case by the word of God And in Capital Cases or in Cases concerning dismembring or banishment according to that word to be judged by the Generall Court 1641. Ability Age. Age of discretion IT is Ordered by this Court and the Authority thereof That the age for passing away Lands or such kinde of Hereditaments or for giving of Votes Verdicts or Sentences in any civil Courts or causes shall be one and twenty years but in chusing Guardians fourteen years Liberty to dispose Estate And all persons of the age of one and twenty years as aforesaid and of understanding and memory whether excommunicate condemned or other shall have full power and liberty to make their Wills and Testaments and other lawfull Alienations of their Lands and Estates 1641. 47. Age for Plantiffs and Defendants Age for Plaintiff and Defendant IT is Ordered by this Court and the Authority hereof that the age for Plantiffs and Defendants in civil Cases before any Magistrate Commissioner or Court of Judicature shall be twenty one years of age and for all persons under that age their Parents Masters and Guardians as they shall see meet shall plead and defend their right and interest as the matter may require and in all Criminal cases every person younger as well as elder shall be liable to answer in their own persons for such misdemeanours as they shall be accused of any may also inform and present any misdemeanour to any Magistrate Grand-jury-man or Court any Law Custome or Usage to the contrary notwithstanding 1668. Actions IT is Ordered by this Court and the Authority thereof That all Actions of Debt Actions when tryable Accounts Slander and Actions of the Case concerning Debts and Accounts shall henceforth be tryed where the Plaintiffâ— pleaseth so it be in the Jurisdiction of that Court where the Plaintiffe or defendant dwelleth unless by consent under both their hands it doth appear they would have the case tryed in any other Court All other Actions shall be tryed within that Jurisdiction where the cause of the Action doth arise 2. Whereas sundry Inconveniences do arise by reason that Plaintiffs in Civil Cases do delay to Enter their Actions to the great expence of much precious time and damage to the Publick Rule for entry of Actions This Court doth therefore Order That henceforth no Action shall be Entred after the first day of the Court is ended And in case any Plaintiff shall delay his Entry longer then the first Forenoon of the Courts sitting every such person or persons shall pay double Entry-money And all persons whether Parties or Witnesses are enjoyned to attend their respective Concerns in every Court of Justice as well the first Forenoon of the Court as afterwards and shall present the whole Plea and Evidence before the Case be committed to the Jury and no after-Plea or evidence shall be admitted to any person Any Law Usage or Custome to the contrary notwithstanding And for that end all Marshalls and Constables are enjoyned to make their Returns of Attachments by them served sometime the first Forenoon of the Court that is to take cognizance of the Case concerned therein Provided That the double Entry-money be paid by him that so neglects his Entry and not put the Defendant to unnecessary charge through his default 1665. Actions of trespass under forty shillings 3. In all Actions of Trespass where Damage shall be pretended above Forty shillings and yet on the hearing thereof it shall appear to the Court to come under that value in all such Cases the Plaintiffe shall lose his Action and pay the Defendant cost Fees for Entry of Actions 4. Every Person impleading another in any Court of Assistants or County Court shall pay the sum of ten shillings before his Case be Entred and for every Action of above forty shillings value tryable before the Commissioners of Boston ten shillings and for all Actions under forty shillings tryable before the said Commissioners one Magistrate or the three Commissioners for ending small Causes A. 52. p. 7. ten Groats unless the Court see cause to admit any to Sue in forma pauperis 1642. 52. 5. And where the Debt or Damage recovered shall amount to Ten pounds in every such case to pay five shillings more Addition of fees of Actions and where it shall amount to Twenty pounds or upward there to pay ten shillings more then the first ten shillings which said additions together with the charge of the Entry of the Action shall be put to the judgement and execution to be leavied by the Marshall and accounted to the respective Treasurers to whom it appertaineth 1647. 6. Whereas the Country is put to great Charge by this Courts attending Suâ—â—s Commenced or Renewed by Petition or Review Actions brought to the General Court to bear the charge of the Court. It is Ordered that in all such cases if it appear to the Court that the Plaintiffe had no just cause of any such proceeding the said Plaintiffe shall bear the whole charges of the Court both for time and expences which they sha â— judge to be expended by his occasion and may further impose a fine upon him as the merit of the cause shall require but if they finde the defendant in fault they shall impose the just charges upon such defendant Plaintiff liberty to withdraw his Action 7. And in all Actions brought to any Court the Plaintiffe shall have liberty
and such like orderly Cattle the Party or Parties Trespassed shall procure two sufficient Inhabitants of that Town Harms to be viewed by sufficient men of good repute and credit to view and adjudge the harms which the Owner of the Beast shall satisfie when known upon reasonable demand Notice to be given to the owner of the Beast whether the Beast were impounded or not But if the Owner be known and near residing as in the same Town or the like he shall forthwith have notice of the Trespass and Damage charged upon him that if he approve not thereof he may nominate one such man who with one other chosen by the party damnified as aforesaid shall review and adjudge the harms Provided they agree of damage within one day after due notice given and that no after harms intervene to hinder it which being forthwith discharged together with the charge of the notice former view and determination of damage the first Judgement to be void or else to stand good in Law L. 2. P. 8. Provided notwithstanding the party Trespassed shall not be barred of his Action albeit the harms be not viewed and judged according to the direction aforesaid And if any Cattle be found damage feizant the party damnified may impound or keep them in his own private Close or Yard till he may give notice to the owner and if they cannot agree the Owner may Replevie them or the other party may return them to the owner and take his remedy according to Law L. 2. P. 8. yet in case of involuntary Trespasses where such Trespasser shall pay or Legally tender full recompence for all the damage done by him before any suit commenced the Plaintiffe shall recover no cost of his suit And in all Trespasses or damages done to any man In voluntary Trespass pay no cost L. 1. P. 51. if it can be proved to be done by the meer default of him to whom the damage is done it shall be judged no Trespass nor any damage given for it 1646 Goats pay double damage 4. For all harms done by Goats there shall be double damage allowed and when any Goats are taken in Corn or Gardens the owner of such Corn or Garden may keep and use the said Goats till full satisfaction be made by the owners 1646. 5. Forasmuch as Complaints have been made of a very evil Practise of some disordered Persons in the Country who use to take other mens Horses sometimes upon the Commons and sometimes out of their own Grounds and Inclosures ride them at their pleasure without any leave or privity of the Owners It is therefore Ordered and Enacted by the Authority of this Court That whosoever shall take any other mans Horse Mare Asse Riding or worâ—ing other meâ—s Horse or Câ—â—â—ie without leave or drawing beast either out of his inclosure or upon any Common or elsewhere except such be taken damage feizant and disposed of according to Law without leave of the Owner and shall ride or use the same he shall pay to the party wronged treble damages or if the Complainant shall desire it then to pay only ten shillings Pâ—â—lty trâ—ble damage or whip and such as have not to make satisfaction shall be punished by whipping imprisonment or otherwise as by Law shall be adjudged and any one Magistrate or County Court may hear and determine the same 1647. 6. For the better preserving of Corn from damage by all kinde of Cattle and that all Fences of Corn-fields may from time to time be sufficiently upheld and maintained A. 53. P. 20. It is Ordered by this Court That the Select men of all Towns shall make wholsome Orders Select men to order the repair oâ— Fences for the repairing of all Fences both generall and particular within their several Townships excepting Fences belonging to Farms of one hundred Acres or above and have power to impose fines upon all Delinquents not exceeding twenty shillings for one offence and if any Select men shall neglect to make Orders as aforesaid they shall forfeit five Pounds to the use of the Town and so for every Months default from time to time To appoint viewers of common Fences and the said Select men of every Town shall appoint from year to year two or more if need require of the Inhabitants thereof to view the Common fences of all their Corn-fields to the end to take due notice of the real defects and insufficiency thereof To give notice of defect to the Owners who shall forthwith acquaint the owners thereof with the same and if the said Owners do not within six dayes time or otherwise as the Select men shall appoint sufficiently repair their said defective fences Owners to repair within six dayes then the said two or more Inhabitants appointed as aforesaid shall forthwith repair or reniew them and shall have double recompence for all their labour care cost and trouble to be paid by the Owners of the said insufficient Fence or Fences and shall have warrant from the said Select men Else the viewers to mend them have double recompence directed to the Constable to levy the same either upon the Corn or other estate of the Delinquent Provided the defect of the Fence or Fences be sufficiently proved by two or three witnesses 1647. 7. Where Lands lye in Common unfenced if one man shall improve his Land by fencing in several and another shall not he who shall so improve shall secure his Land against other mens Cattle and shall not compel such as joyn upon him to make any Fence with him except he shall also improve in several as the other doth Pâ—rtition Fence between neighbours born by both And where one man shall improve before his neighbour and so make the whole Fence if after his said neighbour shall improve also he shall then satisfie for hall the others Fence against him according to the present value and shall maintain the same and if the first man shall after lay open his said field then the said neighbour shall enjoy his said half Fence so purchased to his own use and shall also have liberty to buy the other half Fence paying according to present valuation to be set by two men chosen by either party one the like Order shall be where any man shall improve Land against any Town-Common Provided this Order shall not extend to House Lots not exeeeding ten Acres House Lots Fences but if such one shall improve his neighbour shall be compellable to make and maintain one half of the Fence between them whether he improve or not Insufficient Fence no damage except by Swine and Calves Provided also no man shall be liable to satisfie for damage done in any ground not sufficiently fence except it shall be for damage done by Swine or Calves under a year old or unruly Cattle which will not be restrained by ordinary Fences or where any man shall put his
of the peace in the said Town Their Commission shall be from time to time under the hand of the Secretary of the General Court Officers required to assist the Commissioners And also all Marshalls Constables and other Inhabitants respectively are required to be aiding and assisting our Commissioners aforesaid in this behalf And that no person may be discouraged or damnified by this Commission It shall be lawful for any person to Appeal from the Sentence of all or any of them to the Court of Assistants 1651. 4. And because the Commissioners in the the several Towns have Power of Judicature A. 4. P. 2. the exercise whereof is of great concernment both to Towns and Country None to be Commissioner but such as are approved It is therefore Ordered that henceforth there shall be none admitted to be a Commissioner for any Town in this Jurisdiction but such whose conversation is inoffensive and whose fidelity to the Country is sufficiently known and approved of by the County Court of that Shire 1654. Charges Publick None to be imployed in publick service at their own charge IT is Ordered by this Court and the Authority thereof That no Governour Deputy Governour Assistant Associate Grand or Petty Jury man at any Court nor any Deputy for the General Court nor any Commissioners for Military Discipline at the time of their publick meetings shall at any time bear his own charges but their necessary expences shall be defrayed either by the Town or the Shire on whose service they are or by the Country in general 1631. 41. 2. The Court considering the necessity of an equal Contribution to all common charges in Towns Every Inhabitant to pay to all charges in Church and Common-wealth Doth Order That every Inhabitant shall Contribute to all Charges both in Church and Common-wealth whereof he doth or may receive benefit And every such Inhabitant who shall not Contribute proportionably to his ability to all common Charges both Civil and Ecclesiastical shall be compelled thereunto by Assessment and Distress to be levied by the Constable or other Officer of the Town and the Lands and Estates of all men wherein they dwell shall be Rated for all Town charges both Civil and Ecclesiastical as aforesaid where the Lands and Estates shall lye Lands Estates to pay-where they lye and their persons where they dwell 3. For a more equal and ready way of raising means for defraying the publick charges and for preventing such inconveniences as have fallen out upon former Assessments Country Rate It is Ordered and Enacted by the Authority of this Court That the Treasurer for the time being shall from year to year in the fifth Month without expecting any other Order Treasurers warrant to the Constable send his warrants to the Constable and Select Men of every Town within this Jurisdiction requiring the Constable to call together the Inhabitants of the Town who being so assembled shall chuse some one of their Freemen to be a Commissioner for the Town who together with the Select men for their prudential affairs shall some time in the sixth Month then next ensueing Persons estates to be valued in the sixth month make a List of all the Male persons in the same Town from sixteen years old and upwards and a true estimation of all personal and real estates being or reputed to be the estate of all and every the persons in the same Town or otherwise under their custody or managing according to just valuation and to what persons the same do belong whether in their own Town or elsewhere so near as they can by all lawful means which they may use viz. of Houses Lands of all sorts as well broken up as other except such as doth or shall lye common for free feed of Cattle to the use of the Inhabitants in general whether belonging to Towns or particular Persons but not to be kept or hearded upon to the damage of the Proprietors Mills Ships and all small Vessels Merchantable Goods Cranes Wharfs and all sorts of Cattle and all other known Estate whatsoever either at Sea or on Shore all which Persons and Estates are by the said Commissioners and Select men to be assessed and rated as here followeth viz. every Person aforesaid except Magistrates and Elders of Churches one shilling and eight pence by the head and all Estates both real and personal Persons at 1. s. 8 d. per head at one penny for every twenty shillings according to the Rates of Cattle hereafter mentioned Estates at one pâ—nny per pound The Estates of all Merchants Shop-keepers and Factors A. 51. p. 1. shall be Assessed by the Rule of common estimation according to the Will and Doom of the Assessors having regard to their Stock and Estate Merchants rated by will doom be it presented to view or not in whose hands soever it be and if any such Merchants finde themselves over valued if they can make it appear to the Assessors A. 57. p. 23. they are to be eased by them if not by the next County Court Rate of house lands And Houses and Land of all sorts except as aforesaid shall be rated at an equal and indifferent value according to their worth in the Towns and Places where they lye Also every Bull and Cow of four years old and upward at three pounds Heifers and Steers between three and four years old at fifty shillings Rate of Cattle and between two and three years old at forty shillings and between one and two at twenty shillings and every Oxe of four years old and upward at five pounds every Horse and Mare of three years old and upward five pounds between two and three at three pounds of one year old and upwards at thirty shillings every Ewe sheep above one year old at ten shillings every Goat above a year old at eight shillings every Weather sheep above one year old at ten shillings every Swine above one year old at twenty shillings Every Asse above one year old at forty shillings And all Cattle of all sorts under a year old are hereby exempted as also all Hay and Corn in the Husbandmans hand because all Meadow arable Ground and Cattle are Rateable as aforesaid And for all such persons as by the advantage of their Arts and Trades are more enabled to help bear the publick charge then common labourers and Workmen Artificers and Handicrafts Rated as Butchers Bakers Brewers Victuallers Smiths Carpenters Taylors Shoomakers Joyners Barbers Millers and Masons with all other manual persons and Artists such are to be rated for returns and gaines Impotant persons exempted proportionable unto other men for the produce of their Estates Provided that in the Rate by the Poll such persons as are disabled by sickness lameness or other infirmity shall be exempted And for such Servants and Children as take not wages their Parents and Masters shall pay for them
but such as take wages shall pay for themselves Commissioners meet at the shire Town And it is further Ordered That the Commissioners for the several Towns in every Shire shall yearly upon the first fourth day of the week in the seaventh Month assemble at their Shire Town and bring with them fairly written the just number of Males listed as aforesaid and the Assessments of Estates made in their several Towns according to the Rules and Directions in this present Order expressed and the said Commissioners being so assembled To perfect the Assessments shall duely and carefully examine all the said Lists and Assessments of the several Towns in that Shire and shall correct and perfect the same according to the true intent of this Order as they or the major part of them shall determine and the same so perfected they shall speedily transmit to the Treasurer under their hands or the hands of the major part of them and thereupon the Treasurer shall give warrants to the Constables to collect and levy the same so as the whole Assessment both for Persons and Estates may be paid in unto the Treasurer before the twentieth day of the ninth Month yearly And every one shall pay their Rate to the Constable in the same Town where it shall be Assessed nor shall any Land or Estate be Rated in any other Town but where the same shall lye Constables to Collect in the ninth month or was improved to the Owners reputed Owners or other Proprietors use or behoof if it be within this Jurisdiction And if the Treasurer cannot dispose of it there the Constable shall send it to such place in Boston or elsewhere as the Treasurer shall appoint at the charge of the Country to be allowed the Constable upon his accompt with the Treasurer and for all peculiars viz. such places as are not yet laid within the bounds of any Town the same Lands with the Persons and Estates thereupon shall be Assessed by the Rates of the Town next unto it Peculiars to be Assessed at the next Town the measure or estimation shall be by the distance of the meeting houses And if any of the said Commissioners or of the Select men shall wittingly fail or neglect to perform the trust committed to them by this Order in not making correcting perfecting or transmitting any of the said Lists or Assessments according to the intent of this Order Commissioners or Select mens failings Every such Offender shall be fined forty shillings for every such offence or so much as the Country shall be damnified thereby Forfeit 40. s. so it exceed not forty shillings for one offence provided such offence be complained of and prosecuted within six months And it is further Ordered that upon all Distresses to be taken for any of the Rates and Assessments aforesaid the Officer shall distrein Goods or Cattle if they may be had and if no Goods then Lands or Houses if neither Goods nor Lands can be had within the Town where such Distress is to be taken then to Attach the body of such persons to be carried to Prison there to be kept till the next Court of that Shire except they put in security for their appearance there or that payment be made in the mean time And it is Ordered that the prizes of oll sorts of Corn to be received upon any Rate by virtue of this Order shall be such as this Court shall set from year to year and in want thereof at price currant to be judged by the Commissioners of Essex Middlesex and Suffolk And it is further Ordered that no Estate of Land in England shall be Rated in any publick Assessment And it is hereby Declared Land in England Rate fâ—â—e that by publick Assessment and Rates is intended only such as are Assessed by Order of the General Court for the Countries occasion and no other 1646. 47 51 57. 4. It is Ordered that every Constable within this Jurisdiction A. 56. P. 11 shall on the penalty of five pounds clear up all their Accounts with the Treasurer for the Rates of their several Towns by the first of May yearly Constables to clear their Accounts with the Treasurer by the first of May. and they and every of them are impowred to press boats or carts for the better and more speedy sending in their Rates according to the time appointed And if any Constable shall not have Collected the Rates and Assessments committed to his charge by the Treasurer L. 1. P. 46. during the time of his Office that he shall notwithstanding the expiration of his Office have power to Levy by distress all such Rates and Levies Constable after the expiration of his Office haâ—â— power to Collect Rates and if he bring them not in to the Treasurer acording to his warrant the Treasurer shall distreyn such Constables goods for the same Treasurer may distrein in the Constable or any other Inhabitant And if the Treasurer shall not so distreyn the Constable he shall be answerable to the Country for the same And if the Constable be not able to make payment it shall be lawfull for the Treasurer to distreyn for all arrearages of rates and leavyes any man or men of that Town where the Constables are unable and that man or men upon petition to the General Court shall have Order to Collect the same again equally of the Town with his just damages for the same 1640. 56. RATING STRANGERS THis Court understanding that several Gentlemen Merchants strangers in the beginning of every year frequently comming into these parts and bringing great store of English and other goods of all sorts to great value and usually making up their markets to their great advantage before the Sixth Month when the Rates or Order for the Collecting of them by Law is to issue out not without a considerable disadvantage to the Merchants and Shop-keepers Residents and Inhabitants of this Colony who have born the heat of the day and are fain to be at all the charge for supporting of the Government and the said Merchants strangers takeing the chief of the benefit of the Trade and make their escapes without any payment to support the Government of this place under and by which they reap so great advantage to themselves It is therefore Ordered Order for Assessments on Strangers that it shall be henceforth lawfull for the Select men of each Town where such Strangers are or shall be to assess all such Strangers according to the Cargo's they shall bring into this Country Or in case of their refusall to give a true Account of their Estate to the Select-men then the said Select-men shall and hereby are impowred to make their Assessment on all such Strangers in any Moneth of the Year yearly in proportion to a single Rate by will and doom as the Inhabitants of this Country are used to be rated and for non-payment by the Constables to Levy their
shall be holden good in Law except the same be done by Deed in writing under hand and Seal No sale of Land vallid without Deed cs and Delivered and Possession give upon part in the name of the whole by the Seller or his Atturney so Authorized under hand and Seal unless the said Deed be acknowledged and Recorded according to Law 1652. 2. Whereas the unskilfullnes of some A. 51. P. 2. that make Deeds and Conveyances of Houses and Land the word Heire is oftentimes Omitted when as an Estate of Inheritance is intended to be passed by the Parties whereupon Questions and Suites at Law are apt to arise For the prevention whereof for time to come This Court Ordereth That all Deeds and Conveyances of Houses and Lands in this Jurisdiction wherein an Estate of Inheritance is to be Passed it shall be expressed in these words or to the like effect viz. To Have and to Hold the said House or Lands respectively to the Partie or Grantee his Heires and Assignes for ever How Deeds and Conveyances are to be made or if it be an Estate entayled then to Have and to Hold c to the Partie or Grantee and to the Heires of his body Lawfully begotten or to the Heires Male of his body Lawfully begotten between him and such an one his wife or to Have and to Hold to the Grantee for terme of life or for so many yeares Provided this Law shall not include former Deeds and Conveyances but leave them in the same condition as they were or shall be in before this Law takes effect which shall be at the last of October one thousand six hundred and fifty one Provided also that this Law shall not extend to Houses or Lands given by Will or Testament or to any Land granted or to be granted by the Inhabitants of a Towne 1651. 3. It is Ordered L. 1. P. 16. That no Conveyance Deed or Promise whatsoever shall be of Validity if it be obtained by illegal Violence Imprisonment Threatning Debts obtained by force invallid or any kind of Forcible compulsion called Dures 1641. And all Covenous or Fraudulent Alienations or Conveyances of Lands Tenements or any Hereditaments shall be of no force or validity to Defeate any man from his due Debts or Legacies Fraudulent Deeds invallid or from any just Title claime or possession of that which is so Fraudulently conveyed 4. And for the avoyding all Fraudulent conveyances and that every man may know what Estate or Interest other men may have in any Houses Lands or other Hereditament they are to deale in It is Ordered by the Authority of this Court That after the end of October one Thousand six hundred and forty no Mortgage Bargain Sale Sales to be â—â—knowledâ—â—d and Recorded or Grant made of any Houses Lands Rents or other Hereditaments where the Granter remaines in Possession shall be of any Force against other persons except the Granter and his Heires unless the same be acknowledged before some Magistrate and Recorded as is hereafter expressed And that no such Bargain Sale or Grant already made in way of Mortgage where the Granter remains in possession shall be of Force against other but the Granter or his heires except the same shall be entred as is hereafter expressed within one Month after the date before mentioned if the party be within this Jurisdiction or elsewere within three Months after he shall return And if any such Granter being required by the Grantee his Heires or Assignes to make an Acknowledgment of any Grants Party refusing to acknowledge his Deed to be imprisoned Sale Bargain or Mortgage by him made shall refuâ—e so to do it shall be in the Power of any Magistrate to send for the partie so refusing and commit him to prison without Baile or Mainprise until he shall acknowledge the same and the Grantee is to enter his Caution with the Recorder of the County Court and this shall save his Interest in the mean time Grantee to enter his Caution And if it be Doubtfull whether it be the Deed and Grant of the party he shall be bound with Sureties to the next Court of Assistants and the Caution shall remaine good as aforesaid And for the Recording of all such Grants Sales Mortgages It is Ordered that the Clerke of every Shire Court shall Enter all such Grants Sales Bargains Mortgages of Houses Lands Clerke of the Court to enter Deeds Rents and Hereditaments as aforesaid together with the names of the Granter and Grantee Thing and Estate granted together with the Date thereof 1641 42. COVNCIL THIS Court considering how the weighty Affaires of this Jurisdiction whether they Concern this peculiarly or have Reference to the rest of our Confederated Colonies may be duely and speedily Transacted in the Vacancy of the General Court for the satisfaction of the Commissioners in respect of the weighty and suddain occasions which may be then in hand Council how â—o becâ—â—led together Doth hereby Express and Declare that the General Court ought to be called by the Governour when the importancy of the busines doth require it and that time and opportunity will safely admit the same and that all other necessary matters are to be Ordered and dispatched by the Major part of the Coucil of the Common-wealth And therefore to that end Letters signifiing breifly the busines and the time and place of meeting for Consultation ought to be sent unto the Assistants How many may Act. Also it is hereby Declared that Seven of the said Assistants meeting the Governour or Deputy Governour being one is a sufficient Assembly to Act by Impressing of Souldiers or otherwise as need shall be and in case of extream and urgent necessity when endeavours are reasonably used to call together the Assistants and the busines will not admit delay then the Acts of so many as do Assemble are to be accounted and are accounted Vallid and sufficient Also it is intended that the General words afore mentioned containe in them Power to Impress and send forth Souldiers and all manner of Victuals Their power Vessels at Sea Carriages and all other necessaries and to send Warrants to the Treasurer to pay for the same 1645 COVNSEL ADVICE IT is Ordered by this Court L. 2. P. 4. That it shall not be Lawfull for any person to aske Counsel or Advice of any Magistrate or Commissioner in Townes in any Case wherein afterwards he shall or may be Plaintiffe before such Magistrate or Commissioner None to aske Counsel of Magiâ—â—rate or Commis in civil act under penalty of being disinabled to prosecute any such Action that he hath so propounded or taken advice as aforesaid at the next Court where the case shall come to Tryal being pleaded by way of Barr either by the Defendant or any on his behalfe in which Case the Plaintiffe shall pay full Costs to the Defendant and if the Defendant ask Cousel or Advice
Straw and all such Combustable Goods by the Load six pence for Stones by the Tun a penny for Cotton VVool by the Bag two pence for Sugar by the Chest three pence Provided that VVharfage be taken only where the VVharfs are made and maintained and that VVood Stone and weighty Goods shall be set up an end or laid seaven foot from the side of the VVharf upon penalty of double VVharfage and so for other Goods and that no Goods lye on the Wharf above forty eight hours without further agreement with the VVharfinger And that it shall be lawful for the VVharfinger to take according to these Rates out of the Goods that are Landed except they be satisfied otherwise 2. And it is further Ordered That none shall cast an Anker Graplin or Killack within or neer the Cove at Boston Casting Ankâ—r in the cove penalty where it may indanger any other Vessels upon penalty of ten shillings half to the Country half to the VVharfinger besides paying all Damages 3 And that it shall not be lawful for any person to cast any Dung Draught Dirt or any thing to fill up the Cove Casting in dung penalty 40 ss or to annoy the Neighbours upon penalty of forty shillings the one half to the Country the other half to the Wharfinger 1647. WILLS VVHereas it is found by experience that some men dying having made their VVills for the disposing of their Estates that the said VVills are concealed and not Proved and Recorded L. 2. p. 16. and some others dying Intestate no Administration is sought for nor granted in any legal way and yet the VVives Children Kindred or some friends of the Deceased or some others do enter upon the Lands and possess themselves of the Goods of the said Deceased and the same are many times sold or wasted before the Creditors to whom the Deceased was indebted knew of whom to Demand or how to recover their just Debts For prevention of such unjust and fraudulent dealings It is Ordered by this Court and the Authority thereof That if any Executor Nominated in any Will and knowing thereof shall not at the next Court of the County which shall be above thirty dayes after the decease of the party make Probate of any VVill of any deceased party Will to be proved next Court or shall not cause the same to be Recorded by the Recorder or Clerk of that County Court where the deceased party last dwelt or if any person whatsoever shall not within the same time take Administration of all such Goods as he hath or shall enter upon of any Party deceased or if any person or persons shall Alienate or Imbezel any Lands or Goods Entring the estate without Administration obtained before they have Proved and Recorded the Will of the Deceased or taken Administration and brought in a true Inventory of all the known Lands Goods and Debts of the deceased every such person so Administring or Executing Liable to pay all Debts shall be Liable to be Sued and shall be bound to pay all such Debts respectively as the deceased party owed Five pound per month so 〈◊〉 proving Wills whether the estate of the deceased were sufficient for the same or not and shall also forfeit to the Country so many summs of five pounds as shall be Months betwixt the next Court of that County after the death of the party as aforesaid and the proving of such VVill and Recording it or the taking of such Administration If Executor Renounce the Clerk to give notice to Court And if any person shall Renounce his Executorship or that none of the friends or kindred of the deceased party that shall dy intestate shall seek for Administration of such persons estate then the Clerke of the writts of such Town where any such person shall dy shall within one Month after his decease give notice to the Court of that County to which such Town doth belong of such Renouncing of Executorship or not seeking of Administration that so the Court may take such Order therein as they shall think meet Or forfeit 40 ss who shall also allow such Clerke due recompence for his paines and if any such Clerke shall faile herein he shall forfeit forty shillings to the Treasury for every months default 1649. 2. And because many Merchants Seamen and other Strangers resorting resorting hither oftentimes A. 52. P. 15 Dying and leaving their Estates undisposed of and very difficult to be preserved in the interim from one County Court to another It is therefore Ordered that it shall and may be Lawfull for any two Magistrates with the Recorder or Clerk of the County Court Meeting together to allow of any Will of any decased party to the Executors or other persons in the VVill mentioned Two Magistrates to take probate of Wills so as the VVill be testified on the Oath of two or more VVitnesses and also to Graunt Administration to the Estate of any person dying intestate within the said County to the next of Kin To graunt Administration or to such as shall be able to secure the same for the next of Kin and the Recorder or Clerk of the Court shall enforme the rest of the Magistrates of the County at the next County Court of such VVill proved or Administration Graunted and shall Record the same 1652. 3. And it is Ordered L. 1. P. 53. L. 2 P. 6. that when the Husband or Parents dy intestate the County Court of that Jurisdiction where the party had his last Residence shall have Power to assign to the widdow such a part of his estate as they shall judge just and equal County Court to divide the estate undisposed as also to divide and assigne to the Children or other Heires their several parts and portions out of the said estate Eldest Son a double portion Provided the Eldest Son shall have a double Portion and where there are no Sons the Daughters shall inherit as Copartners unless the Court upon Court upon just Cause alledged shall otherwise determine 1641 49. VVITNESSES IT is Ordered Decreed and by this Court Declared that no man shall be put to Death without the Testimony of two or three Witnesses or that which is equivalent thereunto 1641. Testimonies taken before one Magistrate 2. And it is Ordered by this Court and the Authority thereof That any one Magistrate or Commissioner Authorized thereunto by the General Court may take the Testimony of any person of fourteen yeares of age or above of sound understanding and reputation in any Case Civill or Criminal and shall keep the same in his own hands till the Court or deliver it to the Recorder Witnesses to appear personally living within ten miles publick Notary or Clerk of the writts to be Recorded that so nothing may be altered in it Provided that where any such witness shall have his abode within ten miles of the Court and there living and