ACTS AND LAWS Passed by the Great and General Court or Assembly of Their Majesties Province of the Massachusets-Bay in New-England Begun at Boston the Eighth Day of June 1692. And Continued by Adjournment unto Wednesday the Twelfth Day of October following Being the Second Sessions Anno Regni Gulielmi et Mariae Regis et Reginae Angliae Scotiae Francioe et Hibernioe Quarto BOSTON Printed by Benjamin Harris Printer to His Excellency the Governour and Council 1692. By His Excellency I Order Benjamin Harris to Print the Acts and Laws made by the Great and General Court or Assembly of this Their Majesties Province of the Massachusetts-Bay in New-England that so the People may be Informed thereof Boston December 16th 1692. William Phips The Contents AN Act setting forth General Priviledges ' Page 1 An Act For the Quieting of Possessions and Setling of Titles pag. 2 An Act For Building with Stone or Brick in the Town of Boston and preventing Fire pag. 4 An Act For the Settling and Distribution of the Estates of Intestates pag. 6 An Act For prevention of Frauds and Perjuries pag. 9 An Act For the Equal Distribution of Insolvent Estates pag. 12 An Act For Regulating the Assize of Cask and preventing Deceit in Packing of Fish Beef and Pork for Sale pag. 13. An Act For Punishing of Criminal Offenders pag. 16 An Act For the Punishing of Capital Offenders pag. 21. An Act For the Suppressing of Unlicensed Houses and the due Regulation of such as are or shall be Licensed pag. 26 An Act For Impost and Excise pag. 28 An Act For the better Observation and keeping the Lords Day ibid. An Act For Prevention of Common Nusances arising by Slaughter-Houses Still-Houses c. Tallow Chandlers and Curriers pag. 30 An Act For Affirming of Former Judgments and providing for Executions pag. 31 An Act For the orderly Consumating of Marriages pag. 33 An Act For the Settlement and Support of Ministers and School-Masters pag. 34 An Act For the Settlement of the Bounds and defraying of the Publick and Necessary Charges arising within each Respective County in this Province pag. 36 An Act For Regulating of Townships Choice of Town Officers and setting forth their Power pag. 37 An Act For making of Lands and Tenements liable to the payment of Debts pag. 43 An Act For due Regulation of weights and Measures pag. 45 An Act Against the Counterfeiting Clipping Rounding Filing or impairing of Coyns pag. 47. An Act For the Regulating and Encouragement of Fishery pag. 48 An Act For the Establishing of Judicatories and Courts of Justice within this Province pag. 49 An Act Requiring the Taking the Oaths appointed to be taken instead of the Oaths of Allegiance and Supremacy pag. 56 An Act For the establishing of Form's of Oaths pag. 58 An Act For the Establishing of Presidents and Forms of Writts and Processes pag. 61 An Act For regulating Fees pag. 69 An Act For ascertaining the number and regulating the House of Representatives pag. 75. An Act For the Prevention of Danger by the French residing within this Province pag. 78 An Act against Conjuration Witchcraft and dealing with evil and wicked Spirits pag. 79 An Act For regulating the former assessment and for granting an additional Supply of Money pag. 80 An Act For the better securing the liberty of the subject and for prevention of illegal imprisonment pag. 85 An Act for the reviving of an act for continuing of the Local Laws And one other Act for sending of Souldiers to the relief of the Neighbouring Provinces and Colonies pag. 90 Acts and Laws Passed by the Great and General Court or Assembly of Their Majesties Province of the Massachusets-Bay in New-England c. An Act Setting forth General Priveledges BE it Declared and Enacted by the Governour Council and Representatives of Their Majesties Province of the Massachusets Bay in New England in General Court Assembled and by the Authority of the same That all and every the Rights and Liberties of the People in this present Act mentioned shall be Firmly and Strictly holden and Observed That is to say THat no Freeman shall be taken and Imprisoned or be Disseized of his Freehold or Libertys or his Free Customes or be Outlawed or Exiled or in any manner Destroyed Nor shall be Passed upon Adjudged or Condemned but by the Lawful Judgment of his Peers or the Law of this Province Justice nor Right shall be neither sold denied or deferred to any Man within this Province No Man shall be twice Sentenced for one and the same Crime Offence or Trespass No Aid Tax Tallage Assessment Custome Loan Benevolence or Imposition whatsoever shall be Laid Assessed Imposed or Levied on any of Their Majesties Subjects or their Estates on any Colour or Pretence whatsoever but by the Act and Consent of the Governour Council and Representatives of the People Assembled in General Court No Man of what State or Condition soever shall be put out of his Lands or Tenements nor be taken nor Imprisoned nor Disherited nor Banished nor any ways Destroyed without being brought to answer by due process of Law All Trials shall be by the Verdict of Twelve Men Peers or Equals and of the Neighbourhood and in the County or Shire where the Fact shall arise or grow Whither the same be by Indictment Information or otherwise against the Person Offending except in Cases where the Law of the Province shall otherwise provide In all Capital Cases there shall be a Grand Inquest who shall first present the Offence and then Twelve Men of the Neighbourhood to Try the Offender who after his Plea to the Indictment shall be allowed his Reasonable Challenges In all Cases whatsoever Bail by sufficient Sureties shall be Allowed and taken Unless for Treason or Felony plainly and especially expressed and mentioned in the Warrant of Commitment Provided always that nothing herein contained shall be understood to Extend to Discharge out of Prison upon Bail any Person taken in Execution for Debt or otherwise Legally Sentenced by the Judgment of any of the Courts of record within this Province All Lands and Heritages within this Province shall be free from Year Day and Wast Escheats and Forfeitures upon the Death of Parents or Ancestors Natural Casual or Judicial and that for ever Except in cases of High Treason An Act For the Quieting of Possessions and Setling of Titles WHEREAS for the Preventing of Contests and Law-Suits referring to Housing and Lands there having been a Neglect in many Persons in the Infancy of these Plantations to Observe a Legal Course and Method for the Passing and Confirmation of Sales and Alienations It was Ordered and Enacted by the Late Governour and Company of the Massachusets-Bay in the Year 1657. That any Person or Persons ten years quiet Possession to give a Title who either by Themselves or by their Grantees or Assigns before the Law made for direction about Inheritances Bearing Date October the Nineteenth One Thousand Six Hundred Fifty Two
Town within this Province two or three of the Chief Military or Civil Officers of the same Town shall or may and hereby are Impowred to give Directions for the pulling down or blowing up any such House or Houses that shall be by them adjudged meet to be pulled down or blown up for the stopping and preventing the further Spreading of the same And if it shall happen that the pulling down or blowing up any such House or Houses by the Directions aforesaid shall be the occasion of stopping the said Fire or that the Fire stop before it come to the same That then all and every Owner of such House or Houses shall Receive reasonable Satisfaction and be paid for the same by the rest of the Inhabitants Where the Fire is stopt by pulling down or blowing up any House the owner to be paid whose Houses shall not be Burnt who are hereby Impowred to make such Rate or Rates for the Raising and Levying of such Sum and Sums of Mony as shall be thought convenient by the Select-Men and Justices of said Town for that end PROVIDED always That if the House where the Fire shall first Begin and Break out shall be adjudged fit to be pulled down or blown up to hinder the further spreading and increase of the same That then the Owner of such House shall receive no manner of Satisfaction for the same Any thing in this Act contained notwithstanding An Act For the Setling and Distribution of the Estates of Intestates VVHEREAS Estates in these Plantations do consist chiefly of Lands which have been subdued and brought to Improvement by the Industry and Labour of the Proprietors with the Assistance of their Children the younger Children generally having been longest and most Serviceable unto their Parents in that behalf who have not Personal Estates to gâ—… out unto them in Portions or otherwise to Recompence their Labour Be it therefore Enacted and Ordained by the Governour Council and Representatives Convened in General Court or Assembly And it is Ordained by the Anthority of the same That every person lawfully Seized of any Lands Tenements or Hereditaments within this Province Persons Seized of Lands in fee simple may dispose of the same by will c. in his own proper right in Fee Simple shall have power to give and dispose and devise as well by his Last Will and Testament in Writing as otherwise by any Act Executed in his Life all such Lands Tenements and Hereditaments to and among his Children or others as he shall think fit at his Pleasure And if no such Disposition Gift or Devise be made by the Owner of my such Lands Tenements and Hereditaments the same shall be subject to a Division with his Personal Estate and be a like Distributed according to the Rules herein after Exprest for Intestate Estates And when and so often as it shall happen That any person dyes Intestate Administrators to the Estate of Intestates how to be granted Administration of such Intestates Goods and Estate shall be granted unto the Widow or next of Kin to the Intestate or both as the Judge for Probate of Wills and granting of Administrations shall think sit who shall thereupon take Bond with Sureties in manner as is directed by the Statute of the 22th and 23th of Charles the Second and shall and may proceed to call such Administrators to account for and touching the Goods of the Intestate And upon due Hearing and Consideration thereof Debts Funeral and just Expences of all forts being first allowed the said Judge shall and hereby is fully Impowred to Order and make a just Distribution of the Surplusage or remaining Goods and Estate as well Real as Personal in manner following That is to say One Third Part of the Personal Estate to the Wife of the Intestate for ever Distribution of Intestate Estates besides her Dower or Thirds in the Houses and Lands during Life where such Wife shall not be otherwise Endowed before Marriage and all the Residue of the Real and Personal Estate by Equal Portions to and among his Children and such as shall Legally Represent them if any of them be dead other than such Children who shall have any Estate by Settlement of the Intestate in his life-time Equal to the others Shares Children advanced by Settlement or Portions not equal to the others Shares to have so much of the Surplusage as shall make the Estate of all to be Equal except the Eldest Son then Surviving where there is no Issue of the First-born or of any other Elder Son who shall have two Shares or a double portion of the whole where there are no Sons the Daughters shall Inherit as Coparceners The Division of the Houses and Lands to be made by five sufficient Freeholders upon Oath or any Three of them to be Appointed and Sworn by the Judge for that end unless where all the Parties Interested in any Estate being Legally capable to Act shall mutually agree of a Division among themselves and present the same in Writing under their Hands and Seals in which case such Agreement shall be accepted and allowed for a Settlement of such Estate and be accounted valid in Law being Acknowledged by the Parties Subscribing before the Judge and put upon Record PROVIDED Nevertheless That where any Estate in Houses and Lands cannot be divided among all the Children without great prejudice to or spoyling of the whole being so Represented and made to appear unto the said Judge the Judge may order the whole unto the Eldest Son if he accept it or to any other of the Sons successively upon his Refusal He paying unto the other Children of the Deceased their Equal and proportionable Parts or Shares of the true value of such Houses and Lands Upon a just Apprizement thereof to be made by Three Sufficient Freeholders upon Oath to be Appointed and Sworn as aforesaid or giving good Security to pay the same in some convenient time as the said Judge shall Limit making reasonable allowance in the Interim not exceeding six per Cent. per Annum And if any of the Children happen to Dye before he or she come of Age or be Married the Portion of such Child Deceased shall be equally divided among the Survivors And in case there be no Children nor any Legal Representatives of them then one Moity of the Personal Estate shall be allotted to the Wife of the Intestate for ever and one Third of the Real Estate for Term of Life The Residue both of the Real and Personal Estate equally to every of the next of Kin of the Intestate in equal degree and those who Legally Represent them No Representatives to be admitted among Collaterals after Brothers and Sisters Children And if there be no Wife all shall be Distributed among the Children and if no Child to the next of Kin to the Intestate in equal degree and their Legal Representatives as aforesaid and in no other manner whatsoever And every
one to whom any Share shall be allotted shall give Bond with Sureties before the said Judge of Probate if Debts afterwards be made to appear to Refund and Pay back to the Administrator His or Her Ratable part thereof and of the Administrators Charges The Widows Thirds or Dower in the Real Estate at the Expiration of her Term to be alike Divided as aforesaid Right of Appeal Saved Saving to any Person agrieved at any Order Sentence or Decree made for the Settlement and Distribution of any Intestate Estate their Right of Appeal unto the Governour and Council Every Person so appealing giving security to Prosecute the Appeal with Effect Be it further Enacted by the Authority aforesaid That if any Executor or Executors of the Will of any Person deceased Executors to cause Probate of Wills to be made in thirty days next after the Testators Death Knowing of their being so named and Appointed shall not within the Space of Thirty days next after the Decase of the Testator cause such Will to be proved and Recorded in the Registers Office of the same County where the Deceased Person last dwelt or present the said Will and declare his or their refusal of the Executorship Every Executor so neglecting of his or her Trust and Duty in that behalf without just Excuse made and accepted for such delay shall forfeit the Sum of Five Pounds Per Month from and after the Expiration of the said Thirty Days until he or they shall cause Probate of such Will to be made Penalty for Neglect or present the same as aforesaid Every such Forfeiture to be had and recovered by Action or Information in the Inferiour Court of Pleas in the same County And to be disposed of one Moity thereof to the use of the Poor of the Town where the Deceased Person last dwelt and the other Moity to him or them that shall Inform and Sue for the same And upon any such refusall of the Executor or Executors the Judge shall commit Administration of the Estate of the Deceased Cum Testamento annexo unto the Widow or next of Kin to the Deceased Upon Refusal Administration to be committed cum Testamen to annexo Executors by Wrong and upon their refusal to one or more of the Principal Creditors as he shall think fitt And if any person or persons shall Alienate or Imbezel any of the Goods or Chattels of any person Deceased before he or they have taken out Letters of Administration and Exhibited a true Inventory of all the known Estate of the party Deceased Every person or persons so Acting shall stand Chargeable and be liable to the Actions of the Creditors and other persons grieved as being Executors in their own wrong And the Judge shall cause a Citation to be made out unto the Widow or next of Kin and upon their Neglect of appearance or refusal may Commit Adminastration of any such Estate to some one or more of the Chief Creditors if accepted by them or others as he shall think fit upon their refusal And whereas Bonds for Administration to the County Treasurer to be put in Suit by the Judge according to the former practice of the Courts Bonds for due Administration of the Estates of Intestates were taken in the Name of the County Treasurer and the Obligation made to him his Successors in Said Office or Assigns many of which are still depending It is Further Enacted by the Authority aforesaid That the Judge for Probate of Wills and Granting of Administrations in the Countys respectively be and hereby are fully Impowred and Authorized to call all such Administrators to account and if need be to put the said Bonds or any of them in suit who shall be and hereby are to be held and Esteemed the Assignees of the County Treasurer in that behalf to all Intents Constructions and Purposes in the Law whatsoever An Act For Prevention of Frauds and Perjuries FOR Prevention of many Fraudulent Practices which are commonly endeavoured to be upheld by Perjury and Subornation of Perjury Be it Enacted and Ordained by the Governour Council and Representatives Convened in General Court and by the Authority of the same That from and after the last Day of December in this present Year One Thousand Six Hundred Ninety and Two All Leases Estates Interests of Freehold Parole Leases and Interest of Freehold shall have the force of Estates at will only or Term of Years or any uncertain Interest of in or out of any Messuages Lands Tenements or Hereditaments made or created by Livery and Seisin only or by Parole and not put in writing and Signed by the Parties so making or creating of the same or their Agents thereunto Lawfully Authorized by writing shall have the Force Effect of Leases or Estates at will only shall not either in Law or Equity be deemed or taken to have any other or greater Force or Effect any consideration for making any such Parole Leases or Estates or any former Law or Usage to the contrary notwithstanding Except nevertheless Except Leases not Exceeding three years c. all Leases not exceeding the Term of Three Years from the making thereof whereupon the Rent Reserved to the Landlord during such Term shall amount unto two third parts at the least of the full improved value of the thing Demised And moreover That no Leases Estates or Interests either of Freehold No Leases or states of Freehold to be granted or surrendred by word or Term of Years or any uncertain Interest of in to or out of any Messuages Lands Tenements or Hereditaments shall at any time after the said last day of December be Assigned Granted or Surrendred unless it be by Deed or Note in Writing Signed by the Party so Assigning Granting or Surrendring the same or their Agents thereunto lawfully Authorized by Writing or by Act and Operation of Law And be it further Enacted by the Authority aforesaid That from and after the said last day of December Promises and Agreements by Parole no Action shall be brought whereby to Charge any Executor or Administrator upon any special Promise to answer Damages out of his own Estate 2 or whereby to Charge the Defendant upon any special Promise to answer for the Debt Default or Miscarriages of another person 3 or to charge any person upon any Agreement made upon consideration of Marriage 4 or upon any Conâ—â—â—… or Sale of Lands Tenements or Hereditaments or any Interest in or concerning them 5 or upon any Agreement that is not to be performed within the space of one year from the making thereof 6 unless the Agreement upon which such Action shall be brought or some Memorandum or Note thereof shall be in Writing and Signed by the Party to be Charged therewith or some other person thereunto by him lawfully Authorized And be it further Enacted by the Authority aforesaid That from and after the said last day of December Devises
of Lands to be in Writing attested by three or four Witnesses all Devises and Bequests of any Lands or Tenements shall be in Writing and Signed by the Party so Devising the same or by some other person in his presence and by his express Directions and shall be Attested and Subscribed in the presence of the said Devisor by three or four credible Witnesses or else shall be utterly void and of none Effect And moreover How the same shall be revocable no Devise in Writing of Lands Tenements or Hereditaments or any Clause thereof shall at any time after the said last day of December be Revocable otherwise than by some other VVill or Codicil in VVriting or other VVriting declaring the same or by Burning Cancâ—lling Tearing or Obliterating the same by the Testator himself or in his presence and by his Directions and Consent 2 But all Devises and Bequests of Lands and Tenements shall remain and continue in full force until the same be Burnt Cancelled Torn or Obliterated by the Testator or his Direction in manner aforesaid or unless the same be altered by some other VVill or Codicil in VVriting or other VVriting of the Devisor Signed in the presence of three or four VVitnesses declaring the same any former Law or Usage to the contrary Notwithstanding And be it further Enaeted by the Authority aforesaid That from and after the said last day of December All Declarations or Creations of trust to be in Writing all Declarations or Creations of Trusts or Confidences of any Lands Tenements or Hereditaments shall be manifested and proved by some VVriting Signed by the Party who is by Law enabled to declare such Trust or by his Last VVill in Writing or else they shall be utterly void and of none effect Provided always trusts arising transferred or extinguished by implication of Law excepted That where any Conveyance shall be made of any Lands or Tenements by which a Trust or Confidence shall or may arise or result by the Implication or Construction of Law or be Transferred or Extinguished by an Act or Operation of Law then and in every such case such Trust or Confidence shall be of the like Force and Effect as the same would have been if this Act had not been made any thing herein before contained to the contrary notwithstanding And be it further Enacted Assignments of trust shall be in writing That all Grants and Assignments of any Trust or Confidence shall likewise be in Writing Signed by the Party Granting or Assigning the same by such Last Will or Devise or else shall be utterly void and of none Effect And be it further Enacted by the Authority aforesaid Contract for Sale of Goods for Ten Pounds or more That from and after the said last day of December No Contract for the Sale of any Goods Wares and Merchandizes for the price of Ten Pounds or upwards shall be allowed to be good except the Buyer shall accept part of the Goods so Sold and actually receive the same or give something in Earnest to bind the Bargain or in part of payment or that some Note or Memorandum in Writing of the said Bargain be Made and Signed by the Parties to be Charged by such Contract or their Agents thereunto lawfully Authorized And for prevention of Fraudulent Practices Nuncupative Wills in Setting up Nuncupative Wills which have been the occasion of much Perjury Be it Enacted by the Authority aforesaid That from and after the aforesaid last day of December No Nuncupative Will shall be good whereby the Estate thereby Bequeathed shall exceed the value of Thirty Pounds that is not proved by the Oaths of Three Witnesses at the least that were present at the making thereof nor unless it be proved that the Testator at the time of pronouncing the same did bid the persons present or some of them bear witness that such was his Will or to that effect nor unless such Nuncupative Will were made in the time of the last Sickness of the Deceased and in the House of his or their Habitation or Dwelling or where he or she hath been Resident for the space of ten days or more next before the making of such Will except where such person was surprized or taken Sick being from his own home and Dyed before he returned to the place of his or her Dwelling And be it further Enacted That after six months passed after the speaking of the pretended Testamentary Words no Testimony shall be received to prove any VVill Nuncupative except the said Testimony or the Substance thereof were committed to writing within six days after the making of the said Will. And be it further Enacted That no Letters Testamentary or probate of any Nuncupative Will Probate of Nuncupative Wills shall pass the Seal of any Court till fourteen days at the least after the Decease of the Testator be fully expired nor shall any Nuncupative will be at any time received to be proved unless process have first issued to call in the Widow or next of Kindred to the Deceased to the end they may contest the same if they please And be it further Enacted That no Will in writing concerning any Goods or Chattels or Personal Estate shall be Repealed nor shall any Clause Devise or Bequest therein be altered or changed by any Words or Will by word of mouth only except the same be in the Life of the Testator committed to Writing and Read to the Testator and allowed by him and proved to be so done by Three Witnesses at the least Provided always Souldiers Mariners Wills excepted That notwithstanding this Act any Souldier being in actual Military Service or any Mariner or Seaman being at Sea may dispose of his Moveables Wages and Personal Estate as he or they might have done before the making of this Act. An Act For the Equal Distribution of Insolvent Estates BE it Enacted and Ordained by the Governour Council and Representatives Convened in General Court or Assembly And it is Enacted and Ordained by the Authority of the same Insolvent Estates to be proportioned to the Creditors The Judge of Probate to appoint Commissioners Publick notice to be given in the County where the Deceased last dwelt in the two next Counties Six or twelve Months to be allowed for bringing in of claims The Commissioners to make Report That where the Estate of any person Deceased shall be Insolvent or insufficient to pay all Just Debts which the Deceased owed the same shall be set forth and distributed to and among all the Creditors in proportion unto the Sums to them respectively owing so far as the said Estate will Extend For which end the Executors or Administrators appointed to any such Insolvent Estate before payment to any be made shall Represent the Condition and Circumstances thereof unto the Judge for Probate of Wills and granting Administrations within the same County in which such Deceased person last dwelt and the said Judge
Order in each Respective Town within this Province shall warn a Meeting of such Town having order for the same in Writing on pain that every Constable neglecting his Duty in that respect and being thereof Convicted before one Justice of the Peace shall Forfeit the Sum of Twenty Shillings Penalty for Neglect to the Use of the Poor of such Town and to be Levied by Distress and Sale of such Offenders Good by Warrant from such Justice of the Peace upon Neglect or Refusal of payment And in case the Select men in any Town shall unreasonably deny to call a Meeting of the Inhabitants of such Town Justice to give Warrant for Town-Meeting in case upon any Publick Occasion thereof the same being Complained of and made to appear to one of the next Justices of the Peace within the same County such Justice by his Warrant directed to the Constable or Constables may order a Meeting of the Inhabitants of such Town therein signifying the occasion thereof An Act For making of Lands and Tenements liable to the Payment of Debts VVHEREAS the Estates of Persons within this Province do chiefly consist of Houses and Lands which give them Credit some being remiss in paying of their just Debts others happening to Dye before they have discharged the same It is therefore Ordained and Enacted by the Governour Council and Representatives Convened in General Court and by the Authority of the same That all Lands or Tenements belonging to any person in his own proper right in Fee Simple shall stand charged with the payment of all just Debts owing by such person as well as his personal Estate and shall be liable to be taken in Execution for satisfaction of the same where the Debtor or his Attourney shall not Expose to view and Tender to the Officer Personal Estate sufficient to answer the Sum mentioned in the Execution with the Charges And all Executions duly Served upon any such Houses and Lands being Returned into the Clerk's Office of the Court out of which the same Issued and there Recorded shall make a good Title to the Party for whom they are so taken his Heirs and Assigns for ever Superiour Court may Impower Executors Administrators to Sell Land for payment of Debts Also where the Goods and Moveables of any person Deceased shall not be sufficient to answer the just Debts which the Deceased owed Upon Representation thereof and making the same to appear unto the Superiour Court within the County where such Deceased Person last Dwelt the said Court are hereby Impowred to Licence and Authorize the Executor or Administrator of such Person Deceased to make Sale of all or any part of the Houses and Lands of the Deceased so far as shall be necessary to satisfie the just Debts which the Deceased Owed at the time of his Death And every Executor or Administrator being so Licenced and Authorized shall and may by virtue of such Authority Make and Execute Deeds or Conveyances in due Form for such Houses and Lands as they shall so Sell which Instruments shall be a good Title to the Purchaser And further it is Enacted by the Authority aforesaid That where any person shall make Sale or other Alienation of any Lands or Tenements to him of right belonging with Intent to Defeat and Defraud his Creditors of their just Debs not Bona Fide for good and valuable consideration paid All such Sales and Alienations are to be deemed Covenous and Fraudulent and shall be of none Effect to Bar any Creditor from such Debt as is to him Owing An Act For due Regulation of Weights and Measures TO the end that Weights and Measures may be one and the same throughout this Their Majesties Province BE it Enacted and Ordained by the Governour Council and Representatives in General Court Assembled and by the Authority of the same That the Brass and Copper Weights and Measures formerly sent out of England with Certificate out of Their Majesties Exchequer to be approved Winchester Measure according to the Standard in the Exchequer be the publick allowed Standard throughout this Their Majesties Province for the Proving and Sealing all Weights and Measures thereby And the Constables of every Town throughout this Province not already Supplied shall within three Months next coming provide upon the Towns Charge One Bushel one half Bushel one Peck one Half Peck one Ale Quart one Wine-pint and Half-pint One Ell one Yard one Sett of Brass Weights to Four Pounds after sixteen Ounces to the Pound with fit Scales and Steel Beam tried and proved by the aforesaid Standard and Sealed by the Treasurer or his Deputy in his Presence which shall be kept and used only for Standards in the several Towns who is hereby Authorized to do the same for which he shall receive from the Constables of each Town Two-pence for every Weight and Measure so Tried and Proved and Sealed And the Constables of every Town shall Commit those Weights and Measures unto the Custody of the Select-men of their Towns for the time being who with the Constables are hereby Enjoyned to Choose one Able Man for Sealer of all Weights and Measures for their Town from time to time and till another be Chose who shall be presented unto the next Court of Sessions and there Sworn to the faithful Discharge of his Duty And shall have power to send forth his Warrants by the Constable to all the Inhabitants of such Town to bring in all such Weights and Measures as they make use of in the Month of April from year to year at such time and place as he shall appoint and make Return to the Sealer in Writing of all persons so Summoned That then and there all such Weights and Measures may be Proved and Sealed with the Town Seal which is likewise to be provided by the Constables at each Towns Charge who shall have for every Weight and Measure so Sealed one penny from the Owner thereof at the first Sealing And all such Weights and Measures as cannot be brought to their just Standard he shall Deface and Destroy and after the first Sealing shall have nothing so long as they continue just with the Standard And it is further Enacted by the authority aforesaid That if any Constable Select man or Sealer do not duly Execute this Law so far as to each every of them appertains they each of them shall Forfeit to Their Majesties for every such Neglect by the space of one Month the Sum of Forty Shillings towards the Support of their Government here And every person Neglecting to bring in their Weight Measures at the time and place appointed being duly warned thereto shall likewise Forfeit Three Shillings and Four-pence the one half whereof to be to Their Majesties as aforesaid the other half to the Sealer aforesaid And the penalty herein mentioned to be Levied by Distress by Warrant from any Justice of the Peace And it is further Enacted by the authority aforesaid That
returned to fall greatly short of what was expected and of answering the necessity of the Publick Oceasions Therefore to the Intent that there may be a Regulation of the said Tax and a further Supply made for their Majesties Service to the ends before mentioned BE it Ordained and Enacted by the Goveruour Council and Representatives in General Court Assembled and by the Authority of the same That there be Two Commissioners appointed by this Court for each County within the Province to pass into the several Towns lying within such County at or before the Twenty Second day of February next coming Who together with the Select-men and Commissioner of each Town respectively that made the Lists of said Assessment shall Review the same which the said Select-men and Town Commissioners shall then Exhibit and Expose in the particulars thereof both of Polls and Estate within such Town with an Addition of all Polls and Estate which were before omitted as well Noting the Names of all persons whom through Age and Infirmity they expect should be exempted from the Poll Tax as others And the said Select-men Town and County Commissioners shall Regulate Correct and Perfect such Lists according to the Pates herein after-mentioned setting down the Sums both for Heads and Estate in distinct Columns That is to say each Male Person of Sixteen Years old and upwards except such as are by Law excepted at Ten Shillings by the Poll and all Houses Warehouses Tan-Yards Orchares Pastures Meadows and Lands Mills Cranes and Wharffs to be Estimated at seven years Income as they are or may be Let for in the respective places where they lye which seven years Income is to be Esteemed and Reputed the value of such Estate upon said Tax and each Hundred Pound in value to be Rated Thirty Shillings thereto Cattle to be valued as follows To wit each Ox and Horse kind of four years old or upwards at Forty Shillings each Cow of three years old or upwards at Thirty Shillings all Sheep and Swine of one year old or upwards at Four Pound per Score All Shipping Goods Wates Merchandizes and Trading Stock and Estate by the Rule of common Estimation at the best discretion of the Assessors Every Handicrafts man for his Income at discretion aforesaid Every Male Slave of Sixteeen Years Old or upwards at Twenty Pounds Estate All which particulars of Estate aforesaid as well Real as Personal shall be Assessed to said Tax Thirty Shillings for each Hundred Pound in value and so proportionably and where any Fermer or Occupier of Housing or Lands lying within any Town or Precinct shall be hereafter Assessed to any Publick Tax of the Province for such Housing or Lands in his Occupation the Landlord shall Reimburse the said Fermer or Occupier such Sum and Sums of Mony as he shall pay for the same where no particular Contract is made to the contrary And further it is Enacted by the authority aforesaid That every person 〈◊〉 â—…all 〈◊〉 or Neglectâ—… 〈…〉 give in to the Select-Men a particular Account of his Estate shall be Assessed as aforesaid at discretion and every person who shall give in a partial account shall be alike assessed doubly for so much as he leaves out and if any Person find himself agrieved at any sum or sums that shall be let upon him by the Assessors he may make application unto them for relief and if he be not thereby eased may further apply unto the Justices of such County at the next-Quarter Sessions and making it appear to them that he is over rated they shall order an abatement accordingly And it is further Enacted by the Authority aforesaid That the Lists of the Respective Towns being Examined Regulated and Perfected as aforesaid and Signed by the Select men and Town Commissioner shall be delivered unto the Commissioners for such County and by them brought to Boston upon the First Wednesday in March next where the Comissioners for each County or the Major part of them then and there met shall be a Committee to take an account of the sum total of each List and if the whole shall not amount to the sum of Thirty Thousand Pounds including the Sum already returned unto the Treasurer for which his Warrants are gone forth then the said Committee are hereby Impowred to make a further addition upon each Town Proportionably to what shall be wanting to make up Thirty Thousand Pounds in the whole including as aforesaid And if it appear unto the said Committee that any Town or County shall have been generally defective in not attending the Rules and Directions herein before given for the said Tax then they are to Report the same unto the General Assembly at their next sitting to be Rectified and adjusted but shall forthwith deliver the said Lists with the additional Sums made to the same unto the Treasurer who is hereby Ordered and Impowied upon receipt thereof to Issue forth his Warrants affixed to said Lists and directed to the Constables or Collectors for each Town Respectively for the Collecting and Levying of the same which is hereby granted to be paid in Money or otherwise to the Trea surers Satisfaction unto the Treasurer his Deputy or Deputys And for manner and time as follows Tâ—… 〈◊〉 to say Ten Thousand Pounds part of said Sum besides what the Treasurers Warrants are already out for at or before the First day of May next 〈◊〉 and the full remainder of said Sum to make up the Thirty Thousand Pound as aforesaid at or before the last day of February which will be in the Year of Our Lord One Thousand Six Hundred Ninety Three Provided nevertheless where the Treasurer shall Order payment to particular persons within their Respective Towns or Neighbourhood for wages or any other Disbursements due in such cases payment to be made in Merchantable Grain Provisions or Cloathing each at the currant Money Price And it is further Enacted by the authority aforesaid That the Commissioners for the several Counties for the ends within mentioned be as hereafter named That is to say For Suffelk Captain Pen Townsend and Mr. Timothy Tilestone For Essex Captain Samuel Cardner and Mr. Nehemiah Jewet For Middlesex Major Thomas Henchman and Mr. Matthew Johnson For Plimouth Captain Nathaniel Thomas and Mr. Samuel Clap For Barnstable Captain Thomas Tupper and Mr. John Otis For Bristol Captain John Brown and Mr. Samuel Peek For Hampshire Captain Samuel Partrig and Mr. Joseph Hawley For Yorkshire Mr. John Wheelwright and Mr. James Emery For Martha's Vineyard and Nantucket Captain John Gardner and Mr. Joseph Norton And if any Select-men or Assessors or Town Commissioner shall wilfully neglect or refuse to perform their Duty in the due and speedy Execution of this present Act and be thereof Convict upon Information and Prosecution before the Justices in Quarter Seffions within the County whereto such person belongs the said Court may impose upon such person or persons so refusing or neglecting any Fine not
shall Nominate and Appoint two or more fitt persons to be Commissioners with full power to receive and Examine all Claims of the several Creditors and how they are made out And such Commissioners shall cause the time and place for their Meeting to attend the Creditors to be Published and made known by posting up the same in some Publick places in the Shire Town of that County where such Deceased person last dwelt and of the two next adjoyning Countys And Six or Twelve Moneths time as the Circumstances of any Estate may require shall be allowed by the judge unto the Creditors for the bringing in of their Claims and proving their Debts at the end of which Limited time such Commissioners shall make their report and present a List of all the Claims unto the said Judge who shall Order them meet Recompence out of the Estate for their Care and Labour in that affair as also shall Order the Sickness and necessary Funeral Expences of the Deceased to be first paid and the Residue and Remainder of the Estate to be paid and distributed to and among the Creditors The Widows Dower saved that shall have made out their Claims in due proportion to the Sums to them respectively Owing according as the Estate will bear saving unto the Widow if any be her right of Dower according to Law in Houses and Lands of the Deceased the Widows Dower at the Expiration of her Term to be distributed among the Creditors in a like Proportion And no Process in Law shall be allowed against the Executors or Administrators of any such Insolvent Estate so long as the same shall be depending as aforesaid And whatsoever Creditor shall not Enter and make out his or her Claim with such Commissioners before the full Expiration of the Limited time such Person shall for ever after be debarred of his or her Debt unless he or she can find some further Estate of the Deceased not before Discovered and put into the Inventory Further it is Enacted and Ordained by the Authority aforesaid That Every Judge for Probate of Wills and granting Administrations The Judge of Probate Impowred to Administer an Oath to persons suspected of Concealment within the Respective Countys be and hereby are fully Authorized and Impowred to Require and Administer an Oath to any Person or Persons Suspected to have Concealed Imbezelled or Conveyed away any of the Money Goods or Chattels left by any Person or Persons deceased for the Discovery of the same An Act For Regulating the Assize of Cask and preventing Deceit in Packing of Fish Beef and Pork for Sale BE it Ordained and Enacted by the Governour Council and Representatives in General Court assembled and by the Authority of the same That from and after the First Day of December next all Sorts and Kinds Assize of Cask of Thight Cask used for any Liquor Fish Beef Pork or any other Commodities within this Their Majesties Province shall be of London Assize That is to say Butts to contain One Hundred and Twenty Six Gallons Gagers to be appointed Cask to be markt by the Gager his Fee Every Coeper to have a distinct brand Mark Puncheons Eighty Four Gallons Hogsheads Sixty Three Gallons Tearses Forty Two Gallons Parrels Thirty one Gallons and a Half And made of sound well seasoned Timber and free of Sap. And that fit Persons be appointed from time to time in all places needful to View and Gage all such Cask and such as shall be found of due Assize shall be Marked with the Gagers Mark who shall have for his Pains Four pence Per Tunn and every Cooper shall set his distinct Brand-Mark on his own Cask on Penalty of Forty Shillings And whosoever shall put to Sale any New Cask Defective Cask to be Forfeited being defective either in Workmanship Timber or Assize as aforesaid upon Proof thereof made before one Justice of the Peace he shall Forfeit such Cask and be Fined the Sum of Ten Shillings And be it further Enacted by the Authority aforesaid Quarter Sessions to appoint gagers and packers and Swear them Penalty of Refusal That the Justices of the Peace at their First General Quarter Sessions to be holden in each Respective County within this Province shall Yearly in every Town needful thereof Choose and Appoint a fit Person or Persons to be Gagers and Packers and them to Swear to the Due Execution of their Office which if any Person so appointed shall refuse he shall pay the Sum of Forty Shillings and another shall be Chosen and Appointed in his stead And every Gager and Packer shall take care that all Cask in which he Packs Beef Pork Mackarel Ten Shilings penalty for packing in any Cask under Assize Fish or other Goods committed to his care be of true and full Assize and that he Pack the same in no other Cask whatsoever on penalty of Ten Shillings for every Cask by him Packed that is or shall be defective in that Respect And if any of the beforementioned Provisions shall be packed into Half Barrels or Firkins the same shall be made in Proportion to the Assize aforesaid and be marked by the Packer And for the preventing of Fraud and Deceit in the Packing of Pickled Fish Beef and Pork to be put to Sale Be it further enacted by the authority aforesaid The whole half quarter of meat to be put up and not the best left out Fish to be all of one kind That in every Town where such Goods are Packt up for Sale the Gager or Packer of such Town or of the Town wherein they are put to Sale or Shipped shall see that it be well and orderly Performed that is to say Beef and Pork the whole Half and Quarter and so proportionably that the best be not left out and so Fish and Mackarel that they be Packed all of one kind that all Casks so packed be full and the Fish found and well Seasoned Setting his Seal on all Cask so packed Four Shilper Ton for packing and Sealing and he shall recieve of the owners for so Packing and Sealing Four Shillings Per Ton. And if any such provisions be put to Sale or Shipped offwithout the Packers mark they shall be Forfeited And it is further Enacted That all sorts of green or pickled Fish Fish and Flesh for Transportation to be Searched and Repacked by the Packer Penalty on Masters and Matiners taking any Provisions a Board Unsealed Sturgeon or Flesh that shall be put up for Transportation to a Forreign Market shall be Searched Surveyed and approved by a Sworn Packer who shall take strict care that the same be put up in Tight Cask of Full Gage Salted with Suitable Salt And such as shall be so saved and for its Condition found Merchantable and full the Packer shall Seal with such Brand-Mark as shall be assigned to the Town and such other Cut-Mark added as may denote the Sort of Provision and
the Authority aforesaid That whosoever shall Steal or Purloin any Money Goods or Chattels These being thereof Convicted by Confession or Sufficient Witness upon Oath Every such Offender shall Forfeit treble the value of the Money Goods or Chattels so Stollen or Purloined unto the Owner or Owners thereof And be further punished by Fine or Whipping at the discretion of the Court or Justices that have Cognizance of such Offence not exceeding the Sum of Five Pounds or Twenty Stripes And if any such Offender be unable to make Restitution or Pay such Threefold Damages such Offender shall be Enjoyned to make Satisfaction by Service And the Prosecutor shall be and hereby is Impowred to dispose of said Offender in Service to any of Their Majesties Subjects for such Term as shall be Assigned by the Court or Justices before whom the Prosecution was And every Justice of Peace in the County where such Offence is Committed or where the Thief shall be Apprehended is hereby Authorized to Hear and Determine all Offences against this Law PROVIDED That the Damage exceed not the Sum of Forty Shillings And if any Person shall Commit Burglary Burglary by Breaking up any Dwelling-House Warehouse Shop Mill Malt-house Barn Out-House or any Ship or other Vessel lying within the Body of the County or shall Rob any Person in the Field or High-ways Every Person so Offending shall upon Conviction be Branded on the Forehead with the Letter B. and upon a Second Conviction shall be Set upon the Gallows for the space of one Hour with a Rope about his Neck and one end thereof cast over the Gallows and be severely Whipt not exceeding Thirty Nine Stripes And upon a Third Conviction of the like Offence shall Suffer the pains of Death as being Incorrigible and shall likewise upon the First and Second Convictions pay treble Damages to the Party Injured as is Provided in case of Theft And it is further Enacted by the Authority aforesaid Fornication That if any Man Commit Fornication with any single Woman upon due Conviction thereof they shall be Fined unto Their Majesties not exceeding the Sum of Five Pounds or be Corporally Punished by Whipping not exceeding Ten Stripes a piece at the Discretion of the Sessions of the Peace who shall have Cognizance of the Offence And he that is Accused by any Woman to be the Father of a Bastard Child Begotten of her Body she continuing Constant in such Accusation being Examined upon Oath and put upon the Discovery of the Truth in the Time of her Travail shall be adjudged the Reputed Father of such Child Notwithstanding his Denial and stand charged with the Maintenance thereof with the Assistance of the Mother as the Justices in the Quarter Sessions shall Order and give Security to perform the said Order and to save the Town or Place where such Child is Born free from Charge for it's Maintenance and may be Committed to Prison until he find Sureties for the same unless the Plea's and Proofs made and produced on the behalf of the Man accused and other Circumstances be such as the Justices shall see reason to Judg him Innocent and acquit him thereof and otherwise dispose of the Child And every Justice of the Peace upon his Discretion may Bind to the Next Quarter Sessions him that is Charged or Suspected to have Begotten a Bastard Child and if the Woman be not then Delivered the Sessions may Order the Continuance or Renewal of his Bond that he may be forth-coming when the Child is Born Further it is Enacted by the Authority aforesaid That every Justice of the Peace in the County where the Offence is Committed Power of the Justice of Peace may cause to be Staid and Arrested all Affrayers Rioters Disturbers or Breakers of the Peace and such as shall Ride or go Armed offensively before any of Their Majesties Justices or other Their Officers or Ministers doing their Office or elsewhere by Night or by Day in Fear or Affray of Their Majesties Liege People and such others as shall Utter any Menaces or Threatning Speeches And upon view of such Justice or Justices Confession of the Party or other Legal Conviction of any such Offence shall Commit the Offender to Prison until he find Sureties for the Peace and good Behaviour and Seiz and Take away his Armour or Weapons and shall cause them to be Apprized and Answered to the King as Forfeited Breach of the Peace Forcible Entry detainer And may further punish the Breach of the Peace in any person that shall Smite or Strike another by Fine to the King not exceeding Twenty Shillings and Require Bond with Sureties for the Peace or Bind the Offender over to answer it at the next Sessions of the Peace as the Nature or Circumstance of the Offence may be and may make Enquiry of forcible Entry and Detainer and cause the same to be Removed and make out Hue and Crys after Runaway Servants Thiefs and other Criminals And it is further Enacted by the authority aforesaid That if any person or persons of the Age of Discretion which is accounted Fourteen Years Lying and Libessing or Upwards shall wittingly and willingly Make or Publish any Lye or Libel tending to the Defamation or Damage of any particular person or persons Make or Spread any False News or Reports with intent to abuse and deceive others Every such person or persons offending in any of the particulars before-mentioned and being duly Convicted thereof before one or more Justices of the Peace shall be Fined according to the degree of such Offence not exceeding the Sum of Twenty Shillings for the First Conviction and find Sureties for the good Behaviour And if the Party be unable to pay the said Fine then to be Set in the Stocks not exceeding Three Hours or be corporally punished by Whipping at the discretion of the Justice or Justices before whom the Conviction shall be according as the Circumstances or Nature of the Offence shall be And the said Justice or Justices may Restrain and Commit the Offender until he pay the said Fine and find Sureties for the good Behaviour Or may cause the Fine to be Levied by Distress and Sale of the Offenders Goods And the Party or Parties grieved or injured by reason of any of the Offences aforesaid shall or may take his or their Suit against any such Offender or Offenders in any Court of Record It is further Enacted by the Authority aforesaid That if any person or persons upon his or their own Head or Imagination or by false Conspiracy and Fraud with others shall wittingly Forgery subtilly and falsely Forge or Make or subtilly Cause or wittingly Assent to be Forged or Made any False Deed Conveyance or Writing Sealed or the Will of any person or persons in Writing to the intent that the State of Freehold or Inheritance Right Title or Interest of any person or Persons of in or to any Lands Tenements or
shall be appointed and Impowred to grant the same Writ for Calling an Assembly WILLIAM and MARY by the Grace of God of England Scotland France and Ireland King and Queen Defenders of the Faith c. TO Our Sheriff or Marshal of Our County of Greeting WEE Command that upon Receipt hereof You forthwith make out your Precepts directed unto the Select-Men of each Respective Town within your Precinct Requiring them to cause the Free-holders and other Inhabitants of their several Towns duly qualified as in and by our Royal Charter is directed to Assemble at such time and place as they shall Appoint to Elect and Depute one or more persons being Freeholders within our said Province according to the Number Set and Limited by an Act of our General Assembly within the same to Serve for and Represent them respectively in a Great and General Court or Assembly by us appointed to be Convened Held and Kept for our Service at the Town-House in Boston upon _____ the _____ Day of _____ next Ensuing the Date of these Presents And to cause the person or persons so Elected and Deputed by the major part of the Electors present at such Election to be timely Notified and Summoned by the Constable or Constables of such Town to attend our Service in the said Great and General Court or Assembly on the Day above prefixed by nine in the morning and so de Die in Diem during their Session and Sessions and to Return the said Precepts with the Names of the Persons so Elected and Deputed unto Your self Whereof you are to make Return together with this Writ and of your Doings therein under your Hand into our Secretary's Office at Boston one day at the least before the said Courts Sitting Hereof you may not Fail at your Peril Witness Sir W.P. Knight Our Captain General and Governour in Chief in and over our Province of the Massachusetts-Bay in New-England Given at Boston under the Publick Seal of our Province aforesaid the _____ day of _____ 169 In the _____ Year of our Reign By His Excellencies Command _____ Suffolk ss IN Observance of Their Majesties Writ to me directed These are in Their Majesties Names to Will and Require you forthwith to cause the Freeholders and other Inhabitants of your Town that have an Estate of Freehold in Land within this Province or Territory of Forty Shillings Per Annum at the least or other Estate to the value of Forty Pounds Sterling to Assemble and meet at such time and place as you shall appoint then and there to Elect and Depute one or more Persons being Freeholders within the Province according to the number set and Limited by an Act of the General Assembly to serve for and Represent them in a Great and General Court or Assembly Appointed to be Convened held and kept for Their Majesties Service at the Town House in Boston upon _____ the _____ _____ day of _____ next _____ Ensuing the Date hereof and to cause the person or persons so Elected and Deputed by the Major part of the Electors present at such Election to be timely Notified and Summoned by one or more of the Constables of the Town to attend Their Majesties Service in the said Great and General Court or Assembly on the Day above prefixed by Nine in the Morning and so De Die in Diem during their Session and Sessions Hereof Fail not and make return of this Precept with the Names of the person or persons so Elected and Deputed with their being Summoned unto my self on or before the _____ _____ day of _____ abovesaid Given under My Hand and Seal at _____ the _____ Day of _____ 169 In the _____ Year of Their Majesties Reign To the Select-Men of the Town of _____ Greeting A. B of the County of _____ Return PUrsuant to the Precept within Written the Freeholders and other Inhabitants of this Town Qualified as is therein directed upon due Warning given Assembled and met together the _____ Day of _____ _____ and then did Elect and Depute A. B. and C. D. to serve for and Represent them in the Session and Sessions of the Great and General Court or Assembly appointed to be begun and hold at Boston on _____ the _____ day of _____ the said persons being Chosen by the major part of the Electors present at said Meeting Dated in _____ the _____ Day of _____ Select-Men _____ _____ _____ _____ _____ The Persons Chosen are Select-Men Notified thereof and Select-Men Summoned to attend accordingly By me A. B. Constable of C. Select-Men Summons for appearance before a Justice Essex ss TO the Sheriff or Marshal of the said County or either of their Deputies or Constables of the Town of S. or to any or either of them In Their Majesties Names You are Required to Summon and give Notice unto T. P. of _____ if he may be found in your Precincts that he appear before me J. H. Esq one of Their Majesties Justices of the Peace for the County aforesaid at my Dwelling House in S on _____ being the _____ day of _____ at _____ of the Clock in the Forenoon then and there to Answer E. L. _____ in a Plea of _____ to the value of _____ as shall then and there appear with all due Damages making true Return as the Law directs You are also hereby further Required to Signifie unto the said T. P. That he may not Fail in the Premises as he will Answer the Contempt at the Peril of the Law in this case made and provided Dated in _____ the _____ day of _____ In the _____ Year of Their Majesties Reign Warrant for contempt Essex ss TO the Sheriff or Marshal of the said County or Constables of the Town of S. or to any or either of them Greeting Whereas T. P. of _____ Cooper was Served with Summons Granted by me J. H. Esq one of the Justices of the said County for his Appearance before me on _____ the _____ day of _____ past to Answer E. L. of _____ Merchant in a plea of _____ to the value of _____ with due Damages the said T. P. making Default in appearance These are in Their Majesties Names to Will and Require you therefore to take the Body of the said T. P. if he may be found in your Procinct and him safely keep so that he may be had before me on _____ being the _____ day of _____ at _____ of the Clock in the Forenoon as well to Answer the said E. L. of his Plea aforesaid as for his Contempt making true Return of this Writ as the Law directs Dated at _____ the _____ day of _____ In the _____ Year of Their Majesties Reign Attachment before a Justice of the Peace Suffolk ss TO the Sheriff or Marshal of the said County or either of their Deputies or Constables of the Town of B. or to any or either of them In Their Majesties Names You are Required to Attach the Goods or Estate of J. N. of