double to any one of his Brethren And where there is but one Brother he shall be sole Heir to such Brother or other Ancestor and where there is no Brother the Sisters of the whole Blood shall Inherit alike lands distrain'd 5. It is Ordered That all Houses Lands and other Hereditaments that have been or shall be Levied or Distrained and delivered in Execution according to Law and Possession orderly given by any Marshal or Constable or any of their Deputies that Levied the same and is Returned and Recorded shall be and remain to the Party to whom delivered and his Heirs and Assignes as good an Estate as it was to the Person from whom Taken or Recovered 6. That where Lands Tenements Hereditaments fall or happen to be in Partnership either by Descent Gift Graunt Purchase or otherwise Lands in partnership if any Partner die before it be divided the Heirs or Assignes of the Deceased shall have his or their part with the Survivers as fully as any of the Survivers Any Custome to the contrary notwithstanding Liberty to Sue out a division 7. It is also Ordered That any Partner may Sue out a Division of any such Land as he or they may shew good reason for 8. It is Ordered that where no Heir or Owner of Houses Lands Tenements Goods or Chattels can be found upon the Decease of the late Proprietor a true Inventory of every such Estate in all the parts and parcels thereof shall with the first conveniency be duely taken a just Apprizement made upon Oath by fit men thereunto appointed by a Magistrate Escheaâ—â— or in his absence by the Select Men of the Town where such Estate is and the whole Estate shall be seized by the Colony Treasurer till the true Heir or Owner shall make due Claim thereunto unto whom the same shall be delivered upon just and reasonable terms Conveyances to be acknowledged before a Magistrate 9. Ordered c. That all Sales Exchanges Gifts Mortgages or other conveyancies of Houses Lands and other Hereditaments shall be acknowledged before some Magistrate or otherwise that the Witnesses two of them at least to the Deed be Sworn that the Party Graunter Seller Mortgager c. did Seal and Deliver the said Instrument as his Act and Deed before it be committed to publick Record Except that by special Order of Court the clerk be Ordered to Record any Instrument that is not so Proved or Acknowledged and that after the end of May next which shall be in the year 1686. No Sale Bargain Mortgage or Conveyance of any Houses Lands or other Hereditaments where the Seller Bargainer Mortgager c. Remains in possession shall be of any force against other persons Except the Granter Seller Mortgager c. his Heirs unless the same be acknowledged or otherwise proved as abovesaid and committed to Record 10. An Act made July 10. 1669. for quieting Mens Estates and avoiding Suits in Law touching Title of Lands in case time Suit may be Commenced for Lands detain'd where when barred It is Enacted by the Court and the Authority thereof That no person or persons having had for the space or term of ten years fully past and expired any Right or Title of Entry into or cause of Action for any Lands Tenements or Hereditaments whatsoever now detained from him or them shall thereinto Enter or Commence Suit for but within five years next after the end of this present Session of Court and at no time after And that no person or persons having had for the space or term of eighteen years fully past and expired any Right or Title of Entry into or cause of Action for any Lands Tenements or Hereditaments whatsoever now detained from him or them shall thereinto Enter or Commence Suits for but within two years after the end of this present Session of Court and at no time after And that no person or persons shall at any time hereafter make any Entry into or Commence Suit for any Lands Tenements or Hereditaments but within fifteen years next after his or their Right Title or Cause of Action or Suit which shall hereafter first descend fall or accrue to the same otherwise such Title or Cause of Action shall be for ever after barred and the party or parties claiming and his and their Heirs utterly excluded from Entry into or Suit for the same Provided nevertheless That if any person or persons which hath or shall have such Right Title or cause of Action first be or shall be at the time of the said Right Title or Cause of Action descended according or fallen within the Age of twenty one years Feme Covert non compos mentis imprisoned or beyond the Seas then such person or persons his or their Heirs shall or may notwithstanding the said fifteen years expired bring his Action or make his Entry at any time within five years next after his or their full Age discoverture coming of sound mind enlargement out of Prison or coming into this Country take benefit of and so for the same and at no time after the said five years It is further Enacted by the Court c. That such person or persons as have had Right or Title or Entry into or cause of Action for any Lands Tenements Hereditaments hitherto detained from him or them for the space or Term of twenty years fully past and compleat and neglected hitherto to make his or their Entry or to commence Suit for the same shall be for ever Barred and Excluded and utterly disabled from such Entry or Suit to be made excepting as in the abovesaid Proviso This Act to stand at present suiting our Infant Estate till the Court see cause otherwise to Order mean while it shall be the concern of all for the future cause to obtain the best Evidence they can for the Title and Hold of their Lands A supplement to the Prefatory Declaration and Order in the Preface now Orders by His Majesties General Court held at Plimouth June 2d Anno Dom. 1685 As followeth viz. It is by this Court and the Authority thereof Ordered and Declared That all the Lands with their and every their Appurtenances belonging which have been formerly granted by the Court unto Townships or particular Persons according to the several Graunts or Bounds thereof shall be and remain to the several Townships and Grauntees their Heirs Successors and Assignes for ever in as free full ample and beneficial manner to all Intents Constructions and Purposes whatsoever as the Governour and Associates or General Court by vertue of their Letters Patents Declaratory from His Majesty or by any other ways and means whatsoever might or could Graunt And that the Governour for the time being Confirm all such former Graunts of Lands whether Graunted unto Townships or particular Persons which desire the same under the Seal of the Government not yet affixed thereunto And that the Court of Assistants be a Committee from
Egress and Regress with Ships Boats Shallops and other Vessels from the Sea commonly called the Western Ocean to the said River called Kenebeck and from the said River to the said Western Ocean together with all Prerogatives Rights Royalties Jurisdictions Priviledges Franchises Liberties and Immunities and also Marine Liberty with the Escheats and Casualties thereof the Admiralty Jurisdiction excepted with all the Interest Right Title Claim and Demands whatsoever which the said Council and their Successors now have or ought to have or may have and require hereafter in or to any of the said Portion or Tract of Lands hereby mentioned to be Granted or any the premises in as Free Large Ample and Beneficial manner to all Intents Constructions and Purposes whatsoever as the said Council by vertue of His Majesties said Letters Patents may or can Graunt To Have and to Hold the said Tract and Tracts of Land and all and singular the premses above mentioned to be granted with their and every of their Appurtenances to the said William Bradford his Heirs Associates and Assigns for ever to the only proper and absolute use and behoof of the said William Bradford his Heirs Associates and Assigns for ever Yielding and Paying unto our said Soveraign Lord the King His Heirs and Successors for ever one fifth part of the Oar of the Mines of Gold and Silver and one other fifth part thereof to the President and Council which shall be had possessed and obtained within the Precincts aforesaid for all Services and Demands whatsoever allowing the said William Bradford his Associates and Assignes and every of them his and their Factors Agents Tenants and Servants and all such as he or they shall send and imploy about his said particular Plantation shall and may from time to time freely and lawfully go and return Trade and Traffick as well with the English as any of the Natives within the Precincts aforesaid with liberty of Fishing upon any part of the Sea-coast and Sea-shores of any the Seas or Islands adjacent and not being Inhabited or otherwise disposed of by Order of the said President and Council forbidding all others to Traffick with the Natives or Inhabit any the said Limits without the special leave of the said William Bradford his Heirs or Associates and allowing the said William Bradford his Heirs and Associates to take apprehend seize and make price of all such Persons their Ships Goods as shall attempt to Inhabit or Trade with the Salvage People as aforesaid c. Moreover whereas in the first beginning of this Colony divers Merchants and others of the City of London and elsewhere adventured divers Sums of Money with the aforesaid John Carver William Bradford Edward Winslow William Brewster Isaac Allerton and the rest of their Associates on certain terms of Partnership to continue for the term of seven years The said term being expired the Plantation by reason of the manifold losses and crosses by Sea and Land in the beginning of so great a work The Associates Purchase of the Merchants Adventurers being largely Indebted and no means to pay the said Debts but by the sale of the whole and the same being put to Sale We the said William Bradford Edward Winslow William Brewster Isaac Allerton and other our Associates the Inhabitants of New-Plimouth and elsewhere being loth to be deprived of our Labours bought the same for and in consideration of eigteen hundred pounds Sterling with all and singular the Priviledges Lands Goods Buildings Chattels Ordnance Munition or whatsoever appertained to the said Plantation or the Adventurers thereunto belonging as appeareth by a Deed between the said Isaac Allerton then Agent for the said William Bradford and his Associates on the one part and John Pocock Robert Keyn Edward Basse James Sherly and John Beauchamp on the other part being thereunto deputed by the said Merchants and the rest Adventuring as aforesaid as appeareth by a Deed bearing Date Nov. 6th in the third Year of the Reign of our Soveraign Lord Charles by the Grace of God King of England Scotland France and Ireland c. Anno Dom. 1627. Be it Known therefore unto all Men by these presents that according to our first intents for the better effecting the glory of God the enlargement of the Dominions of our said Soveraign Lord the King and the special good of His Subjects by virtue as well of our Combination aforesaid as also the several Graunts by us procured in the Names of John Peirce and William Bradford And their further Right in respect of Vacancy Donation Purchase of the Natives to Give and Graunt Lands c. their Heirs and Associates together with our lawful Right in respect of Vacancy Donation or Purchase of the Natives and our full Purchase of the Adventurers before expressed have given unto Allotted Assigned and Granted to all and every person or persons whose Name or Names shall follow upon this publick Record such proportion or proportions of Grounds with all and singular the priviledges thereto belonging as aforesaid to him or them his or their Heirs and Assigns successively for ever to be Holden of His Majesty of England His Heirs and Successors as of His Mannor of East-Greenwich in the County of Kent in free and common Soccage and not in Capite nor by Knights Service yielding and paying to our said Soveraign Lord the King His Heirs and Successors for ever one fifth part of the Oar of the Mines of Gold and Silver and one other fifth part to the President and Council which shall be had possessed and obtained as aforesaid And whatsoever Lands are or shall be granted to any by the said William Bradford Edward VVinslow William Brewster Isaac Allerton their Heirs or Associates as aforesaid being acknowledged in publick Court and brought to the publick Records of the several Inheritances of the Subjects of our Soveraign Lord the King within this Government it shall be lawful for the Governour of New-Plimouth aforesaid from time to time successively to give under the common Seal of the Government a Coppy of the said Graunt so Recorded Confirming the said Lands to him or them his or their Heirs and Assigns for ever with the several Bounds and Limits of the same which shall be sufficient Evidence in Law from time to time and at all times for the said party or parties his or their Heirs or Assigns to Have and to Hold the said portion of Land so Granted Bounded and Recorded as aforesaid with all and singular the Appurtenances thereunto belonging to the only proper use and behoof of the said party or parties his or their Heirs and Assigns for ever CHAP. I. The General Fundamentals Anno. 1636. and Revised 1671. 1. VVEE the Associates of the Colony of New-Plimouth coming hither as free born Subjects of the Kingdome of England Endowed with all and singular the Priviledges belonging to such Being Assembled Laws to be made by the Freemen or their represen tatives Do Enact
Security to respond Costs before Summons or Attachment gr nted 13. That no Attachment or Summons shall be granted in any Civil Action to any Forreigner against a settled Inhabitant of this Jurisdiction or against a Forreigner before he hath given sufficient security or caution duly to Prosecute his Action and to answer the Defendant such Cost and Damages as the Court may award on penalty of making good the Damage by the Granter 14. And it is further Ordered That in all Attachments of Goods and Chattels Lands or Heriditaments In Attachment of Goods c. Legal notice to be given to the parties concerned Lands or Heriditaments whether it be by Forreigners or settled Inhabitants Legal notice shall be given to the Party concern'd either personally or by leaving a Copy of the Summons or Attachment five compleat working dayes before the Court at the House or place of or that was his usual abode before the Suit proceed but if he be out of the Jurisdiction the Cause notwithstanding shall proceed to Tryal and if Judgment pass for the Plantiff it shall be Entred And in what case Execution shall be respited but Execution shall not be granted until the next Court and that the Plantiff hath given sufficient Security to be Responsible to the Defendant if he shall Reverse the Judgment within one Year or such further time as the Court shall see cause to order 15. Be it Enacted That henceforth Lands or Goods Attacht to a Tryal shall not be Released upon the Appearance of the Party or Judgment given lands or goods Attacht when to be released and when not but shall stand ingaged until the Judgment or the Execution granted upon the said Judgment be discharged provided Execution be levied thereon within one Month after Judgment and that where any Marshal or Constable or their lawful Deputie shall by virtue of any Warrant Attach any mans Person he shall take Bond of him with sufficient Security or Sureties And so of Bonds and furties bound to such Officers for his or their Appearance at the Court Attached to and to abide Tryal and in case of Appeal to the Court Appealed to till the Judgment be there Entered How the Officer shall make his Return and that the Person Attached be forth-coming any time within six dayes after Judgment for the Plantiff to lay his Execution on if he see cause after which time the Surety to be cleared The officer shall make his Return and Indorse his Bond on the back-side of the Attachment and when the Officer shall deliver the Person to the Jaylor or take the Bond and return the same with the Attachment to Court And if any Person Attached shall neglect or refuse to give Bond or sufficient Security be shall by said Officer be delivered to the Jaylor of the County who shall keep him in Custody until six dayes after Judgment or till Released by the Party at whose Suit Attached and the Plantiff Levy his Execution afterwards as the Law Directs 16. Liberty is granted by this Court to any person to improve one or two Attorneys in any Civil Action to help him in his Pleas provided they be persons of good Repute and such as the Court shall approve and the said Attorneys are Required as to be faithful to their Client Attorneys allowed so also to avoid fraudulent Pleas that may have a tendency to mislead the Court or darken the Case and in no Case shall be allowed for Attoneys more than five shillings and Attorney or Attorneys at Select Courts or Magistrates Courts to be allowed but two shillings in any Case Barratry punished 17. And it is Enacted that if any Person be proved a common Barrater by vexing others with unjust frequent and troublesome Suits it shall be in the power of the Court both to eject his Cause and punish him for his Barratry by Fine or Imprisonment 18. It is Ordered That no man's Person shall be Restrained Imprisoned by any Authority whatsoever Who Bailable before the Law hath Sentenced him thereunto if he can put in sufficient Security Bail or Mainprize for his Appearance and good Behaviour in the mean time unless it be in Crimes Capital and Contempt in open Court or in such Case where some express Act of the General Court doth allow it No Levy on Lands where Goods found nor Surety Destrained where princile sufficient nor Beast of Plough or Draught 19. It is Ordered That no Debt be Levied on Lands or Rents so long as the Debtor hath Goods and Chattels to be found to satisfie neither shall the Pledges or Suits be Distreined so long as the Principle or sufficient Estate of the Principles can be found nor Beasts of the Plough or Draught for Debt if others may be found to satifie it except for Damage feizant 20. That every Man shall have liberty to Replevy his Chattel or Goods Impounded Replevin Distreined or Seized unless it be upon Execution after Judgment or for payment of Rates or Fines Provided he put in Security to Prosecute his Replevin and to satisfie such Damage and Charge as his Adversary shall Recover against him in Law Age Ability Age of Discretion 21. IT is Ordered by this Court and the Authority thereof That none shall have power to pass away Lands Hereditaments or other Estate or be capable of Sueing or being Sued at any Court in their own Person neither shall give Votes Verdicts or Sentence in any Civil Court or Cause until he or they attain unto the age of twenty one years But any Parent or Master shall or may Require and Sue for Satisfaction for any wrong or damage done their Children or Servants And any Orphan may have liberty to chuse their Guardian to act for them at fourteen years to Secure or Defend their Estate or otherwise act for them as may be requisite the Court allowing thereof and the Court may chuse and appoint Guardians for such as are under fourteen years But in any matter Criminal as well younger as elder shall be liable to Answer for the same in their own persons Appeals 22. IT is Ordered by this Court and the Authority thereof That it shall be the liberty of any Person or Persons Cast of Sentenced Liberty to appeal in Cases Civil or Criminal to Appeal if from the Sentance or Determination of a Magistrate or Select Court or other Person Impowred to hear and determine in any Case as before unto a County Court and any may Appeal from a County Court to a Court of Assistants alwayes Provided they tender their Appeal in twenty four hours after Judgment and the Court not Dissolved and put in Security before the Judges of the Court or according to their Order to Prosecute their Appeal to effect and to satisfie all Damage before Execution granted and in Criminal Cases besides such Bond to give Bond with Security for their good Behaviour until the time of the Court
or common Road shall forfeit five shillings or sit in the Stocks an hour 22. Whereas divers unruly Persons Servants and others in several places of this Colony meet together to walk about in the Night to Drink Revel or Pilfer the same tending to the corrupting and debauching of the Youth and many offend and prejudice the peaceable Inhabitants of the several Towns for prevention whereof of night-walkers It is Ordered by this Court and the Authority thereof that all Persons walking in the Fields or Streets after nine or ten a clock at Night unless known peaceable and orderly Inhabitants shall be liable to be examined by the Select men Constable or Watch of the Town or if complained on by any other Person of the Town and if they cannot give a satisfactory reason for their so doing he or they shall be had before some Magistrate or other Person Authorized who upon the hearing of the Case it appear they have been Rude or unseasonably Drinking Revelling Gaming Sporting or any wayes disturbing or if it be Servants or Children and it be without their Parents or Masters leave they shall for the first Offence be Admonished or pay five shillings to the County or sit in the Stocks an hour and if Transgress a second time to pay ten shiliings or be whipt with ten Lashes and so from time to time as often as they Transgress 23. Ordered c. If any person Summoned to Answer any Presentment or for any Fault or Misdemeanour de not appear at the time appointed of non-appear ance on Summons to answ any presentment c. he or they shall be proceeded against for Contempt except it appear that they have been prevented by the hand of God 24. It is further Ordered That in case of any Misdemeanour that by Law there is not particular provision made for or that the penalty is not limited or expressed the person being convict thereof shall be liable to be punished by the Magistrate or other person Authorized before whom the Complaint is made by Fine according to his discretion Of misdemenors where no particular Law or Penalty limited not for one offence exceeding ten shillings or sitting in the Stocks not exceeding two hours And if such offence by him or them that have the cognizance thereof shall be thought to deserve a greater Fine or Punishment then the party complained of shall be bound over to Answer the same at the next County Court and be bound with Surety or Sureties for his or their appearance to Answer the same and for their good Behaviour in the mean time and shall be liable being convict to such reasonable Fine or Punishment as the County Court shall see meet according to Crime and Circumstances thereof not exceeding the Fine of five pounds for one offence or punishment by Whipping CHAP VIII Deaths Untimely Death untimly to have a Coroners quest before burial IT is Ordered by the Court and the Authority thereof That whensoever any Person shall come to an untimely or unnatural Death where no Magistrate is near the Constable of the Town shall forthwith Summons a Jury of twelve discreet men to enquire of the cause and manner of his Death who shall present a true Verdict thereof to some of the Assistants or to the County Court upon Oath and all persons are required to give notice of such untimely Death unto a Magistrate if any near or otherwise to the Constable neither shall any such person be buried before a Jury of Coroners Inquest have enquired into the cause of the said Death And if any shall presume to bury any such person before Information given and enquiry made as before they shall pay five pounds fine to the County and be rendred as suspitious of being principals or accessaries in the Death of such person Also Ordered That the return of said Jury shall be Recorded amongst the Records of the County Court and the charge to be paid out of the Estate of the person if any be Dower THat there may be competent Provision made for the certain Maintenance of Wives after the Discease of their Husbands who died Intestate wives to enjoy a third part of their deceased husbands lands It is Ordered and Enacted by this Court and the Authority thereof That every Married Woman who hath not demerited the contrary by her wilful Absence or Departure from her Husband or other notorious Fact without reconciliation to him in his life time or hath not by former Contract with her consent been Estated into some House Lands or Tenements for term of her life shall immediately after the death of her Husband according to the common Law of England for the sustenance of her self the nurture and education of her Children have Right and Interest by way of Dower in and to one third part of all such Houses and Lands as her Husband was at any time seized of during the coverture other then what Lands shee freely resigned up her Interest in to be setout to them by mets and bounds but shall not make strip or wast c. and acknowledged the same before a Magistrate To Have and to Hold unto the said Wife in severalty by Meets and Bounds for and during only the term of her life whether she had issue by her Husband or no said third part to be set out to her by persons appointed thereunto by the County Court if the persons concerned agree not Provided alwayes such Widow endowed as abovesaid shall not commit or suffer any strip or wast Debts paid one third part her personal estate but shall maintain all such Houses Fences and Inclosures as shall be assigned to her for her Dower and shall leave the same in good and sufficient Reparation in all respects the other two thirds to be disposed among the Children as per Law is provided It is also Ordered c. That all just Debts being first paid the Widow shall have one third part of her late Husbands personal Estate to be at her own absolute dispose and the other two thirds to be disposed amongst the Children as the Law is provided And where there are no Children left of the Deceased Intestate Husband there the Widow shall have the one half of the personal Estate unless the Court see just reason and cause to order it otherwise Duers no conveyance good obtained by illegal violenc IT is Enacted by this Court That no Conveyance Deeds or Promise shall be valid which hath been gotten by illegal Violence Imprisonment Threats or forceable Compulsions CHAP. IX Faires Two Fairs Annuality at Bristol IT is Ordered that there may be two Faires Annually kept at Bristol one on the third Wednesday and Thursday in May and the other the third Wednesday and Thursday in November Fences 1. ORdered That all Fences be four foot high or be otherwayes sufficient in the Judgment of the Fence viewers or for defect such Person to bear his own Damage unless the
shall not extend to restrain any charitable act in relieving any Indian bona fide in any suddain Exigent of sickness faintness and not to exceed one Dram or two or by the prescription and direction of some Physitian under the hand of a Magistrate first obtained what testimony sufficient for conviction thereof And it is further Ordered That the Accusation Information or Testimony of any Indian or if there be any other probable circumstance attending it shall be accounted sufficient Conviction of any such Person or Persons suspected to give sell trade procure or furnish any such Indians with any Wine Sider strong drink or Liquors as abovesaid unless such Person or Persons shall on their Oath clear themselves thereof in which case they have that liberty granted to them unless where the circumstances do amount to a sufficient evidence against them And in case any such Offender be not able to pay their fine as abovesaid every such Offender shall be publickly whipt And for the better Execution of this Order It is Declared that such as find out and prosecute such Offenders shall have one third of the Fine and the County wherein it ariseth the other two thirds And further That it may and shall be lawful for any man to seize on any such Wine Syder Strong Drink or Liquors which he finds in the custody of any Indian or Indians and shall have if for his pains Lawful to seiz any Liquors c. found in an Indians custody if Indians falsly accufe any to be whipt provided he bsing said Indian or Indians before some one of the Magistrates or Select men of the Town to be further examined about it and if they will not truly discover where they had such Liquors or other Drink they shall be winpt And if it shall manifestly appear to the Magistrate or Court that such Indian hath wittingly falsly accused any English-man of helping him to or furnishing him with any such strong Liquors or Drink such Indians shall be whipt Jurors Grand Jury chosen impanelled 1. ORdered by this Court and the Authority thereof That the Jurors of Grand Inquest being chosen according to Warrants directed to several Towns being Returned Impannelled and Sworn to serve His Majesty thereon shall inquire into and present the Breach of such wholsome Lawes Ordinances as are of shall be here established Their Duty all such Misdemeanors as manifestly tend to the hurt and detriment of Religion Civility Peace Society or neighbour hood that they shal know or be informed of upon the restimony of any one or more witnesses upon Oath to be commited by any person or persons within this Jurisdiction and to do any other Service which on His Majesties behall be required of them at such Courts and times as by Warrants they shall be required provided no person whatsoever shall be bound to inform present or reveal any private Crime or Offence wherein there is no peril or danger to this Colony or any Member thereof when any necessary tye of Conscience binds him to secrecy unless it be in testimonies lawfully required of them Petty Jurors impannelled and sworn to find according to their Evidence 2. Ordered That petty Juries returned to any Court as before shall be Impannelled and Sworn truly to try between Party and Party and shall find the matter of Fact with the Dammage and Cost according to their Evidence or truly to try between our Soveraign Lord the King and any Prisoners brought to the Bar and the Judges shall declare the Sentence or direct the Jury to find according to Law And in all Cases where the Law is Obscure so as the Jury cannot be fatisfied therein they have liberty to present a special Verdict viz. If the Law be so in such a point we find for the Plantiff Liberty to give a special Verdict but if the Law be otherwife we find for the Defendant In which Case the Determination doth properly belong to the Court And all Juries shall have liberty in matter of Fact if they cannot find the main Issue yet to find and presentin their Verdict so much as they can Jurors to be fined for neglecting to attend the court and at the first sitting thereof 3. Ordered That any Jury-man being orderly chosen and returned to serve at any Court and shall neglect to attend at such Court as he is warned to at the first sitting thereof or that after they are Impannelled and Sworn shall not duly attend any of said Courts and such Service as belong to them they shall be fined as the Court that hath the Cognizance thereof shall see cause not exceeding twenty shillings for one Offence but if Circumstanced with contempt to be punisht according to the nature of such contempt as the Judges shall see meet The penalty of a grand Jury-Man Ordered That whosoever shall refuse to serve in the Office of a Grand Jury-man shall pay forty shillings fine to the Town and the Town to choose another in his room Ordered That every Grand Jury man be paid by their Respective Towns two shillings six pence for every day they have necessarily attenced such service Court appoint persons to attend such Service If there be want of Jury men to make up the number the Court to appoint and require Persons to attend such service on penalty not exceeding twenty shillings unless in case of contempt See more of Jurors Title Clerks CHAP XII Lands Inheritances land to be held according to the tenor of East Greenwich 1. IT is Ordered by this Court and the Authority thereof That whatsoever Lands have or shall be Graunted by the Court to the respective Townships or to any particular Persons either by the Court or particular Townships shall be Held to them their Heirs Successors and Assignes for ever according to the most free Tenour of East Greenwich in the County of Kent in the Realm of England as Graunted to us in our Patent or Charter Lands intailed to descend according to the Law of Engl. 2. It is Ordered and Declared by this Court and the Authority thereof That all Lands heretofore Intailed and that shall be Intailed hereafter shall descend and enure as by the Law of England the same ought to do 3. It is Ordered and Declared c. That all the Sons of any Person having Lands in see simple who are Heirs shall be Heirs paying and satisfying in case as is by Law provided the Eldest Son shall have double to any of his Brethren and all the younger equal Shares of the Land of their Ancestors and where there is but one Son he shall be sole Heir paying and satisfying as aforesaid And where there is no Son all the Daughters shall Inherit alike All Brethren Heirs to him that dies without issue 4. And that all the Brethren of the whole Blood shall be Heirs to any Person dying without Issue the Eldest Brother to have
same which having done and no Satisfaction made Satisfaction first to be demanded by the Officer before destraint be made he shall then Levy his Execution or make his destraint upon goods lyable thereunto by Law together with all allowed Fees and necessary Charges put to in Levying and Transporting the Goods or Chattels to the Treasurer or party concerned who is to receive the same And in case there be not sufficient Estate Goods or Chattels found or tendred to satisfie such Execution and Warrant Levy to be made upon House or land if other estate be not found it shall be lawful for the Officer to Levy the same upon House or Land if owned by or shewed to be the Estate of him against whom the Warrant or Execution is granted And in no case shall the Officer be put to seek his Goods or Chattels further than his House or place of usual abode But if he refuse to discover his Goods or Lands to a sufficient value the Officer may then Levy his Execution or Warrant on his Body who shall be kept in Prison till that Satisfaction be made at his own charge if he have wherewith otherwise to be kept at the charge of the Creditor The Officer in no case to be put to seek for estate further then the parties usual place of abode Ordered That it shall not be lawful for any Officer to Levy or Destrain the Beast of the draught unless for damage Feizant nor any Mans necessary Bedding Apparrel Tools Arms or such Implements as serve for his necessary use without express Order from the Court or some one Magistrate Such lyable to fine or other punishment who expose anothers goods to destraine in stead of his own Ordered That if any Person shall presume to expose and shew an Estate to satisfie an Execution or any Warrant for Distress that at the time thereof was not his own he shall be liable to a fine or other punishment as the Court shall see cause and the Party to take out a new Execution for the Sum or so much as he occasioned the former Execution to be wrongfully laid on Vide more Title Constables Mills and Millers how much toll Millers may take ORdered That no Miller shall take above a sixteenth part of the Indian Corn he Grinds for Toll nor of any other Grain unless where the Towns make other agreement with their Miller They are to have weights scales Ordered That Every Miller shall have alwayes ready in his Mill Weights and Scales provided at his own charge to weigh Corn to and from the Mill of it be desired Two Toll-dishes sealed Ordered That every Miller in this Government shall keep in his Mill two Toll-dishes so made and Sealed that one will hold a just Pottle upheaped and the other a Quart up heaped and shall pay ten shillings a Month for what time they use unsealed Toll dishes if complained of Measures WHereas there is great Inconvenience by Reason of the Measures in this Colony differing from the Measure of other Colonies A Coopers Standard to be procured other Measurs that are allowed to be made by it It is Ordered That the Country Treasurer at or before the first of September next procure a Copper Standard viz. half Bushel half Peck and Quarter that be of the size of the Copper Standards of the Massachusets Colony had lately from London and that every Town have a Standard made by the same at or before the tenth of November next to be sealed by the Treasurer on penalty of the forfeiture of forty shillings to the County for the Town that neglects and the like sum every three Months they are without and the Town Clerk to seal Measures in the several Townships and have six pence for each Measure he seals and it shall not be lawful to use any other but such Measure so sealed after said time The Seal to be the Letter P. Meeting-Houses Meeting-houses to be Erected in every Town IT is Enacted by the Court That there be a publick House Erected in every Town of this Government for the Town comfortably to meet in to Worship God and in case any Town shall Aparently neglect or refuse to Build the said House it shall be in the power of the Governour and Magistrates or County Courts to Appoint and Authorize a Person or Persons to Build the said House acording to the Ability and Necessity of the People and the Charge thereof to be defrayed by all the Inhabitants and Proprietors of the Town Ministers Maintainance Ministers maintainance how to be raised IT being the great Duty of this Court and having been the Pains Care and true Intent of former Courts in the granting of the several Plantations and Townships in this Colony to provide for the better carrying on the publick Worship of God that are Able Godly Teaching Miinister or Preacher of the Gospel should be obtained and duly encouraged and maintained by all the People of such Place or Township and for that end have granted to them such Accommodations and proportions of Lands as they might be Comfortably enabled to give due Encouragement to such Preacher of the Word of God amongst them in so good and necessary a Work for the Glory of God and the good of Souls It is therefore Ordered by this Court and the Authority thereof That in whatsoever Place or Township there shall be an Able Godly Teaching Minister or Ministers Preacher or Preachers of the Word of God who are approved by this Government there shall a Rate be made on all the Rateable Inhabitants of such place with the Country Rates by the Raters chosen as per Law is provided for the raising of such sum or sums as may be competent and honourable according to the Ability of such Place or Township for his or their comfortable Attendance on his Work as shall be agreed by the people of such place or by the Court of Assistants County Court or any three Magistrates as there shall be occasion or need requiring and to be paid in no worse specia than the Magistrates Sallery is to be paid in and at such seasons and to be gathered by the respective Constables of such Places or Townships and delivered in free of charge to such Minister or Ministers or such other person or persons as by the People of said place or by the Court Countrey or County Treasurer shall be appointed for the use of said Minister or Ministers on pain as per Law is provided in other cases for defect of Raters Constables or others concerned in the premises unless there be other care taken to the satisfaction of the Minister and the Inhabitants of such Towns How the Inhabitants shall be assisted in getting and maintaining an able Minister And it is further Ordered That in every place where there is a Village or Township settled or begun to be peopled though not filled with Inhabitants and they or some of
having Estate Real or Personal being of competent age understanding and memory Wills to be witnessed may by Will dispose thereof as he or they see cause It is therefore Ordered by this Court and the Authority thereof that all such Disposals and Testaments of Lands and Hereditaments in Writing be Sealed by the Testator or his Order in his presence before two or three substantial Witnesses that may be able to testifie that it was his Will and that he was when he so Signed Sealed or Declared it in such capacity as is above expressed and proved 〈◊〉 Court 2. Ordered That such Wills and Testaments be Exhibited to be proved by the Executor or Executors at the next County Court after the Death of the Testator if it may be An◠Inventory to be taken with the Will Recorded and that a true Inventory of the Estate duely valued be presented to be Sworn to and left to be Recorded with the Will and the Probate shall not be taken until such Inventory is presented or sufficient Bond given for the speedy performance of the same And forasmuch as some persons may be suddenly surprized that they may not have opportunity to make a written Will 3. It is Ordered by this Court That if any person do make a Will Non-cupative or a verbal Disposure of his Goods and Chattels it be before two or three good substantial Witnesses that are neither Heirs nor Legatees and they shall within three dayes commit it to Writing Wills noncupative and make Oath to it at the next County Court provided such Disposure were in his last Sickness or not above six Moneths before his Death it shall be accounted good in Law but such Will shall not be approved of or allowed until fourteen dayes after the death of the party and notice given to the Widow and next of Kin that they may contest the same if they see cause Executors to present the Will to probate 4. Ordered That if any Executor shall refuse or neglect to present the Will of any Deceased in order to a Probate more than one Moneth after the County Court that happens next after the Decease of any such person and that so refuseth or neglecteth shall pay five pounds fine to the County and so five pounds for every Moneth he shall neglect the same afterwards What in case Executors refuse their Executorship 5. Ordered That if any person shall renounce his or their Executorship it shall be in open Court or appear to the Court by sufficient Testimony or before two Magistrates the Clerk being present to Record the same in such case the Court or said two Magistrates may grant Administration to the Widow or the Widow and some other of the Kindred if the Widow refuse to some of the next Relations the desire the same if such refuse then to be granted to some one or more of the chiefest Creditors But if they do not desire the same then to be granted to such as the Court or two Magistrates shall see cause and said Writing made out to be the mind of the Testator shall be the Rule for their Administration if capable thereof In what case Executors or others Administring shal be liable to respond all debts dues 6. Ordered That if any Executors or other shall Imbezel any Estate or Alienate and Dispose of any Estate of the Deceased otherwise than for Funeral Charges and of matters necessary for the Family and for the securing of such Estate before the Probate of the Will or his having taken out Letters of Administration and presenting an Inventory of all the known Estate or giving Bond so to do in such case every person so Executing or Administring shall be liable to respond all Debts and Dues and pay all Legacies whither the Estate be sufficient or not Ordered That any Executors or Administrators after they have proved any Will or obtained Administration shall be liable to be Sued and respond for any Wrong or Damage any may sustain by reason of his or their male Administration administrators to be bound by two sufficient Sureties 7. Ordered That whosoever takes our Letters of Administration shall be bound with two sufficient Sureties that they shall Administer according to Law and if the same be neglected the County Court to take the best care therein they can for the securing the Estate and appoint Administration thereon Dispose of Inestates estate 8. Ordered That if any person shall die Intestate Funeral Charges and Debts being paid and such Sum set apart as the County Court shall see meet for the bringing up of small Children or to be allowed for any Child that is Lame Decrepit or otherwise Helpless and like to be more than ordinarily chargeable The remainder of Goods and Chattels to be disposed of as follows one third part to the Widow the other two thirds to be equally divided among the Children discounting with each Child what appears they had before received in part of their Portion saving to the eldest Son a double portion if the Lands assigned to him do not amount unto a double Portion of the whole Estate real and personal 9. Ordered also That if any person dieth Intestate having Lands in fee simple whereby such Lands descend to the Heir Male Daughters portions how paid and there be divers Daughters and no considerable Estate besides Lands when Debts are paid so that Daughters cannot have Portions in any measure according to such Intestate Estate the County Court out of which Administration of any such Estate was granted and where the Land lieth shall have power upon due consideration of such case to appoint such Heir or Heirs male to pay to the Daughters Portions at such time and in such manner and so much as to said Court shall be just and reasonable not exceeding to one Daughter the portion of any younger Brother which he hath by descent and from and by Division of the Intestate Goods and Chattels and if such Heir or Heirs if of full age or their Guardian or Guardians for such or so many as are under age shall not pay such Portion or Portions as the Court hath Ordered and Appointed and set down upon Record The clerk of said Court by order of Court shall grant Execution for such Portion or Portions to be Levied on such Lands as so descended or other sufficient Estate which shall be delivered to the Party and if it be Lands it shall be as good an Estate to Her and Her Heirs as in other case of Lands delivered on Execution Wolves ORdered That if any English man kill a Wolf in this Colony if he bring in the Head to the next Constable he shall have a Receipt of the Constable for the same and shall be allowed twenty shillings Killing of Wolves what and how to be paid And if an Indian kill a Wolf in this Colony and bring the Head to the next Constable he shall have a Receipt
hereof and doing hereupon to the said Court Dated at P. c. Per Curiam J. B. Clerk The Officers Return This Summons was Served January c. by M. R. L. Constable Or for an Attachment THese are therefore in his Majesties Name to Require you on Receipt hereof to Attach the Estate to the full value and for want thereof the Body of the said A. B. and take sufficient Security for his Appearance at the County-court to be holden at P. the third Tuesday in March next to answer the said complaint and to be forthwith coming six days after Judgment given in the said Case to Respond the Judgment Hereof fail not and make a true Return hereof and doings hereupon to the said Court Dated at P. c. Per Curiam J. B. Clerk The Return I Have Attached the Goods or Lands of said A. B. at his House or Place of Abode to sufficient Value and left Summons Or I have Attached the Body of said A. B. and taken sufficient Security Or I have Attached the Body of said A. B. and delivered him to the Keeper of the Goal at P. for want of Security Per mee R. L. Constable KNow all Men by these Presents that we A. B. D. E. of C. Yoemen c. Are Holden and firmly Obliged unto W. B. Marshal of the County of B. or to T. T. Constable of S. in the penal Sum of Pounds Currant Money of New-England to the true Payment whereof We Bind our selves our Heirs Executors and Administrators joyntly and severally firmly by these Presents Sealed with our Seals Dated c. The Condition of this Obligation is such that if the above Bounden A. B. shall personally appear at the next County Court to be holden at B. to Answer R. F. in an Action of Debt or c. and to abide Trial there and at such Court as shall be Appeated to till Judgment Entred and shall be forth coming six dayes after Judgment that ther this Obligation to be void c. THE TABLE CHAPTER I. The General Fundamentals NUMBER 1. LAws to be made by the Freemen or their Representatives PAGE 1. NUMBER 2. Annual Election by the Freemen PAGE 1. NUMBER 3. Justice to be equally and speedily Administred PAGE 1. NUMBER 4. None to suffer but according to Law and by due course and process of Law PAGE 1. NUMBER 5. All Trials to be by a Jury and liberty to challenge any of them PAGE 1. NUMBER 6. What Testimony required in cases PAGE 2. NUMBER 7. Power to make Wills except in Case PAGE 2. NUMBER 8. The great End of coming into this great Wilderness was liberty to enjoy the pure Worship of God c. Therefore the Churches of Christ here to be protected in their peaceable orderly walking and the Ministers of the Gospel provided for PAGE 2. NUMBER 9. All the foregoing Fundamentals inviolably to be preserved PAGE 3. CHAPTER II. Actions NUMBER 1. Title of Land to be tryed in the County where it lyeth Other Trials where one of the Parties dwells Tryals before a Magistrate whete PAGE 3. NUMBER 2. Time of Entry of Actions Time of the Return of Warrants by the Officer PAGE 3. NUMBER 3. The Charge of Trials PAGE 3. NUMBER 4. Non Attendance on Actions Penalty on the Plaintiff and on the Defendant PAGE 4. NUMBER 5. What shall be ground of Non-Suit and what not PAGE 4. NUMBER 6. No further Plea after the Case is committed to the Jury PAGE 4. NUMBER 7. Warrants when to be served PAGE 4. NUMBER 8. Summons or Attachment I shall be a sufficient Warrant to bring any person to Answer PAGE 4. Number 9. Plaintiff liberty to withdraw Page 4. Number 10. Vexatious Suits Page 4. Number 11. When Judgment to be Entred Page 5. Number 12. Reveiws Page 5. Number 13. Forreigners to give Security to Respond Costs before Summons or Attachment granted on Penalty to the Granter Page 5. Number 14. In Attachment of Goods c. Legal Netice to be given to the Parties concerned and in what Case Execution shall be respited Page 5. Number 15. Lands or Goods Attached when to be released and when not and so of Bonds and Sureties and how the Officer shall make his Return and when he shall deliver the Person to the Jaylor Page 5. Number 16. Attornyes allowed Page 6. Number 17. Barretry to be punished Page 6. Number 18. Who Bailable Page 6. Number 19. No Leavy on Lands where Goods to be found nor Surety distrained where Principal sufficient nor Beast of Plow or Draughts if others may be found Page 6. Number 20. Repleving Page 6. Age Ability Number 21. Age of Discretion Page 6. Appeals Number 22. Liberty to Appeal Page 6. Number 23. Who shall not sit as Judge or Vote in Court appealed to Page 7. Apprizements Number 24. How Apprizements of Land or other state shall be managed Page 7. CHAPTER III. Bills and Bonds Number 1. DEbts by Specialty Good to Assigns Page 8. Number 2. In what Case Actions for Debt by Book or Account to be brought within three years Page 8. Number 3. Merchants Tradesmen and Dealers-Books what Testimony sufficient thereunto Page 8. Number 4. Debts to be paid in Specie Page 8. Number 5. What Testimony good for a Specialty What in some Criminals Page 1. Bridges Number 6. Defeat in Bridges and Highwayes to be presented c. Page 8. CHAPTER IV. Capital Laws Number 1. I Dolatry Page 9. Number 2. Blasphemy Page 9. Number 3. Treason Page 9. Number 4. Conspiring against this Jurisdiction and His Majesties Authority here Established Page 9. Number 5. Willful Murder premeditated Page 9. Number 6. Murder in sudden passion Page 10. Number 7. Through Guile or Poysoning Page 10. Number 8. Witchcraft Page 10. Number 9. Beastiality Page 10. Number 10. Sodomy Page 10. Number 11. False Witness Page 10. Number 12. Man-Stealing Page 10. Number 13. Cursing or Smiting-Father or Mother Page 10. Number 14. Willful Burning Houses or Ships Page 10. Number 15. Articles in all Treaties of Peace to be inviolably kept by his Subjects Felony to serve in Hostile manner any Forreign Prince c. against those that are in Amity with his Majesty without Licence And to suffer pains of Death unless Returning within the time Limited Page 11. Treasons Piracies Felonies c. although committed on the Sea if hither brought within this Colony shall be proceeded against as if committed on the Land by Commission to the Judges of the Admiralty and others Their Power and Indemnification Page 11. The Abettors or Privateers to be punished as Accessaries What is required of Commission Officers in pursuance of this Act. Their power Page 12. Penalty of their Neglect Penalty of Souldiers not obeying their Officers Orders in Execution of the premises Page 12. CHAPTER V. Childrens Education Number 1. SElect mens care that all Children and Servants be brought to read and Catechised or put out where they may Page 12. Coopers and Casks Gage of Cask and Brand. Page
time to time Impowred to Examine Allow and Confirm all such Claims of Lands as they find Graunted by the Court either to Townships or to any particular Persons which being by the said Court of Assistants allowed shall pass the Seal of the Colony for further Confirmation thereof alwayes provided that if there be any Controversie arise between Town and Town or particular Persons about the particular bounds of their Lands they or any of them may have their remedy in Law any thing herein to the contrary notwithstanding Leather and Shoe-makers 1. UPon Consideration of the Damage or Injury which may be sustained by the ill Tanning of Leather and by the Shoemakers ill making it up into Shoes or Boots Sealers of leather to be chosen appointed It is by this Court Ordered That in every Plantation within this Jurisdiction where either Tanner or Shoemaker is imployed in their Trades one or two Sealers shall be chosen and appointed as the Occasion require who shall be under Oaths faithfully according to their best Ability to discharge their Trust and shall Seal no Leather but such as they think sufficiently Tanned and fit to be wrought out and Sold in Boots or Shoes and that every such Plantation shall have two Seals to distinguish between good Leather well and sufficient Two Seals to be used and such as though Tanned enough is in some other respects defective either by over-liming or for want of being well wrought upon the Beam or by Frost or have received some damage in drying so that though it may serve for inward or middle Soles yet not for other uses without damage to the buyer All which Leather so defective shall be Sealed with a different Seal that it may be known to be faulty No Leather not sufficiently Tanned to be Sealed nor sold till sealed But that which is not sufficiently Tanned shall neither be Sealed nor used in Boots or Shoes till it be duly Tanned and that no Tanner within this Jurisdiction shall upon any pretence sell deliver cause or suffer to be delivered or pass out of his hands or custody any Hide or Hides till being fully dry they be first Sealed by the Officer or Officers thereunto appointed on the penalty of forfeiting of the said Leather or the value of it to the Plantation where the Offence is committed The Shoemaker that useth unsealed Leather to make recompence further to be punished 2. And it is further Ordered That if any Shoe-maker shall use or put any un-sealed Leather either in Boots or Shoes or put any of the forementioned faulty Leather though Sealed as such in any outward Soals or Upper Leather or in any other place which may be hurtful to the buyer or wearer or shall use any other wayes of Deceit in making up his Ware he shall make due and full Recompence to the Person or Persons wronged and complaining and shall suffer such further punishment as his Offence considered with the Circumstance shall Require Hides brought from other parts and sold or used unsealed to be forfeit The chusing of the Sealers to be left to the several Plantations 3. And whosoever shall bring Hides from any other parts and shall sell or use any of them for Boots or Shoes within this Jurisdiction before they be Sealed by some Officer here according to the Import of his Order or shall use them in Boots or Shoes contrary to the intent thereof the Hides so sold or used or the value of them shall be forfeited to the Plantation where the Offence is committed or such Recompence or Fine shall be made or paid if it be only of Ignorance as the Case may require provided that if both Buyer and Seller be faulty they shall pay the forfeiture betwixt them The chusing and appointing of which aforesaid Sealer or Sealers the Print or Mark which each Plantation shall set upon their Seals for good or faulty Leather with the Rate to be allowed for Sealing being left to the several Plantations Defective leather to be searcht for seized 4. It is Enacted by the Court and the Authority thereof That the Sealer shall make Search within their Limits in any House Shop or Warehouse where they shall conceive such defective Leather is to be sold or delivered whither made up into Shoes Boots or otherwise as oft as they shall think meet And seize all such Leather or Shoes and any Leather Sold or offered to be Sold Brought or offered to be Searched or Sealed contrary to the true intent and meaning of this Order the same to Seize and Retain in his or their custody and if the Owner shall not submit to the Judgement of such Officer or Officers shall within three dayes call to him two or three honest skilful men in such Wares to view the same in the presence of the parties concerned or without him he having notice thereof who shall certifie upon their Oaths to the Court or some one of the Magistrates the defects of the said Leather And that the forfeiture of such Leather or Shoes as aforesaid one third thereof shall go to the Searcher Who to have the forfeiture and the other two thirds to the Plantation wherein the Offence is committed And if any Sealer of Leather shall refuse with convenient speed to Seal any Leather sufficiently Tanned Wrought and Used according to the true meaning of this Order The Sealers default penalty or shall Seal that which ought not to be Sealed according to this Order shall forfeit for every such Default twenty shillings to the County CHAP XIII Magistrates Magistrates power to graunt Attachments Summons c ORdered by this Court and the Authority thereof That any Magistrate shall have and hereby hath power out of Court to grant Attachments Summons Sub pena's Hue and Cries Warrants for Distress according to Law for Rates and Fines Warrants to apprehend any person for breach of any Capital or Penal Law or for any Misdemeanour or for Persons suspected thereof to hear determine the breach of penal Laws under 40 s. Ordered That a Magistrate may Hear and Determine the Breach of any Penal Law or Misdemeanour where the penalty doth not exceed forty shillings or the Punishment greater than sitting in the Stocks or Whipping not exceeding ten stripes Ordered That a Magistrate may Hear and Determine all Actions of Debt all actions of Debt not exceeding 40 s. Trespass or Damage according to Law not exceeding forty shillings he keeping Records of all his Sentences Judgments and Determinations and may Grant Executions for any Sum he hath given Judgment in in any Action that hath been Tried by him Ordered that a Magistrate may examine all suspitious persons hear all Complaints and where the matter is greater than he by Law may issue to Bind such Persons over to the County Court to examine all suspicious persons c. to Answer for the same and such Person not giving sufficient