shall be holden good in Law except the same be done by Deed in writing under hand and Seal No sale of Land vallid without Deed cs and Delivered and Possession give upon part in the name of the whole by the Seller or his Atturney so Authorized under hand and Seal unless the said Deed be acknowledged and Recorded according to Law 1652. 2. Whereas the unskilfullnes of some A. 51. P. 2. that make Deeds and Conveyances of Houses and Land the word Heire is oftentimes Omitted when as an Estate of Inheritance is intended to be passed by the Parties whereupon Questions and Suites at Law are apt to arise For the prevention whereof for time to come This Court Ordereth That all Deeds and Conveyances of Houses and Lands in this Jurisdiction wherein an Estate of Inheritance is to be Passed it shall be expressed in these words or to the like effect viz. To Have and to Hold the said House or Lands respectively to the Partie or Grantee his Heires and Assignes for ever How Deeds and Conveyances are to be made or if it be an Estate entayled then to Have and to Hold c to the Partie or Grantee and to the Heires of his body Lawfully begotten or to the Heires Male of his body Lawfully begotten between him and such an one his wife or to Have and to Hold to the Grantee for terme of life or for so many yeares Provided this Law shall not include former Deeds and Conveyances but leave them in the same condition as they were or shall be in before this Law takes effect which shall be at the last of October one thousand six hundred and fifty one Provided also that this Law shall not extend to Houses or Lands given by Will or Testament or to any Land granted or to be granted by the Inhabitants of a Towne 1651. 3. It is Ordered L. 1. P. 16. That no Conveyance Deed or Promise whatsoever shall be of Validity if it be obtained by illegal Violence Imprisonment Threatning Debts obtained by force invallid or any kind of Forcible compulsion called Dures 1641. And all Covenous or Fraudulent Alienations or Conveyances of Lands Tenements or any Hereditaments shall be of no force or validity to Defeate any man from his due Debts or Legacies Fraudulent Deeds invallid or from any just Title claime or possession of that which is so Fraudulently conveyed 4. And for the avoyding all Fraudulent conveyances and that every man may know what Estate or Interest other men may have in any Houses Lands or other Hereditament they are to deale in It is Ordered by the Authority of this Court That after the end of October one Thousand six hundred and forty no Mortgage Bargain Sale Sales to be â—â—knowledâ—â—d and Recorded or Grant made of any Houses Lands Rents or other Hereditaments where the Granter remaines in Possession shall be of any Force against other persons except the Granter and his Heires unless the same be acknowledged before some Magistrate and Recorded as is hereafter expressed And that no such Bargain Sale or Grant already made in way of Mortgage where the Granter remains in possession shall be of Force against other but the Granter or his heires except the same shall be entred as is hereafter expressed within one Month after the date before mentioned if the party be within this Jurisdiction or elsewere within three Months after he shall return And if any such Granter being required by the Grantee his Heires or Assignes to make an Acknowledgment of any Grants Party refusing to acknowledge his Deed to be imprisoned Sale Bargain or Mortgage by him made shall refuâ—e so to do it shall be in the Power of any Magistrate to send for the partie so refusing and commit him to prison without Baile or Mainprise until he shall acknowledge the same and the Grantee is to enter his Caution with the Recorder of the County Court and this shall save his Interest in the mean time Grantee to enter his Caution And if it be Doubtfull whether it be the Deed and Grant of the party he shall be bound with Sureties to the next Court of Assistants and the Caution shall remaine good as aforesaid And for the Recording of all such Grants Sales Mortgages It is Ordered that the Clerke of every Shire Court shall Enter all such Grants Sales Bargains Mortgages of Houses Lands Clerke of the Court to enter Deeds Rents and Hereditaments as aforesaid together with the names of the Granter and Grantee Thing and Estate granted together with the Date thereof 1641 42. COVNCIL THIS Court considering how the weighty Affaires of this Jurisdiction whether they Concern this peculiarly or have Reference to the rest of our Confederated Colonies may be duely and speedily Transacted in the Vacancy of the General Court for the satisfaction of the Commissioners in respect of the weighty and suddain occasions which may be then in hand Council how â—o becâ—â—led together Doth hereby Express and Declare that the General Court ought to be called by the Governour when the importancy of the busines doth require it and that time and opportunity will safely admit the same and that all other necessary matters are to be Ordered and dispatched by the Major part of the Coucil of the Common-wealth And therefore to that end Letters signifiing breifly the busines and the time and place of meeting for Consultation ought to be sent unto the Assistants How many may Act. Also it is hereby Declared that Seven of the said Assistants meeting the Governour or Deputy Governour being one is a sufficient Assembly to Act by Impressing of Souldiers or otherwise as need shall be and in case of extream and urgent necessity when endeavours are reasonably used to call together the Assistants and the busines will not admit delay then the Acts of so many as do Assemble are to be accounted and are accounted Vallid and sufficient Also it is intended that the General words afore mentioned containe in them Power to Impress and send forth Souldiers and all manner of Victuals Their power Vessels at Sea Carriages and all other necessaries and to send Warrants to the Treasurer to pay for the same 1645 COVNSEL ADVICE IT is Ordered by this Court L. 2. P. 4. That it shall not be Lawfull for any person to aske Counsel or Advice of any Magistrate or Commissioner in Townes in any Case wherein afterwards he shall or may be Plaintiffe before such Magistrate or Commissioner None to aske Counsel of Magiâ—â—rate or Commis in civil act under penalty of being disinabled to prosecute any such Action that he hath so propounded or taken advice as aforesaid at the next Court where the case shall come to Tryal being pleaded by way of Barr either by the Defendant or any on his behalfe in which Case the Plaintiffe shall pay full Costs to the Defendant and if the Defendant ask Cousel or Advice
shall faile in his duty herein shall forfeit the sum of twenty shillings to be paid to the common Treasury and all persons so chosen as aforesaid accepting thereof which shall be absent from the house during the time of their sitting without just grounds so judged by the house shall pay twenty shillings a day for every such defect and the several returns of each Constable shall be kept on file by the Clerk of the Deputies untill the Court be ended 1654. Common Attorney no Deputy It is Ordered by this Court and the Authority thereof that no person who is an usual and common Attorney in any Inferiour Court shall be admitted to sit as a Deputy in this Court DISTRESSE IT is Ordered by this Court and the Authority thereof that no mans Corn or Hay that is in the field or upon the Cart nor his Garden stuffe nor any thing subject to present decay shall be taken in Distress Distress upon Corn or Hay c unless he that takes it doth presently bestow it where it may not be imbezled nor suffer spoile or decay or give security to satisfie the worth thereof if it comes to any harm 1641. DOWRIES FOrasmuch as no provision hath been made for any certain maintenance of Wives after the decease of their Husbands Wives to enjoy the third of their Husbands Lands c. It is Ordered by this Court and the Authority thereof that every Married Woman living with her Husband in this Juri diction or other where absent from him with his consent or through his meer default or inevitable providence or in case of Divorce where she is the innocent party that shall not before Marriage be estated by way of joynture in some Houses Lands Tenements or other Hereditaments for tearm of life shall immediately after the death of her Husband have Right and Interest by way of Dowry in and to one third part of all such Houses Lands Tenements and Hereditaments as her Husband was seized of to his own use either in possession Reversion or Remainder in any Estate of Inheritance or Frank-tenement not then determined at any time during the Marriage to have and enjoy for the tearm of her natural life according to the Estate of such Husband free and freely discharged of and from all Titles Debts Rents Charges Judgements Executions and other Incumbrances whatsoever had made or suffered by her Husband during the said Marriage between them or by any other person claiming by from or under him or otherwise then by some Act or Consent of such Wife signified by writing under her hand L. 2. p. 5. and acknowledged before some Magistrate or others Authorized thereunto which shall bar her from any Right or Interest in such Estate And if the Heir of the Husband or other person Interested shall not within one Month after lawful demand made Widdows third part to be set out assigne and set out to such Widdow her just third part with conveniency or to her satisfaction according to the intent of this Law then upon a Writ of Dowry in the Court of that Shire where the said Houses Lands Tenements or other Hereditaments shall lye or in the Court of Assistants if the same lye in several Shires her third part or Dowry shall be assigned her to be set out in several by Mets and Bounds by such persons as the same Court shall appoint for that purpose with all costs and damages sustained Provided alwayes this Law shall not extend to any Houses Lands Tenements or other Hereditaments sold or conveyed away by any Husband Bona fide for valuable consideration before the last of November one thousand six hundred and forty seven Provided also that every such widdow so endowed as aforesaid shall not commit or suffer any strip or waste Not to suffer strip or waste but shall maintain all such Houses Fences and Inclosures as shall be assigned to her for her Dowry and shall leave the same in good and sufficient reparation in all respects 1641. DROVERS IT is Ordered by this Court and the Authority thereof That if any man shall have occasion to lead or drive Cattle from place to place that is far off so that they be weary or hungry or fall sick or lame it shall be lawfull to rest and refresh them for a competent time in any open place that is not Corn Meadow or inclosed for some particular use 1641. ECCESIASTICAL ALL the People of God within this Jurisdiction who are not in a Church-way and be Orthodox in Judgement and not Scandalous in life Liberty to gather Churches Shall have full liberty to gather themselves into a Church Estate provided they do it in a Christian way with the observation of the Rules of Christ revealed in his Word with approbation of Magistrate Elders Provided also that the General Court doth not nor will hereafter approve of any such companies of men as shall joyn in any pretended way of Church-fellowship unless they shall acquaint three or more Magistrates dwelling next and the Elders of the Neighbour Churches where they intend to joyn and have their approbation therein 2. It is further Ordered that no person being a Member of any Church which shall be gathered without the approbation of the Magistrates and the said Churches shall be admitted to the freedome of this Common-wealth 3. Every Church hath free liberty to exercise all the Ordinances of God according to the Rule of the Scripture To chuse Church Officers 4. Every Church hath free liberty of Election and Ordination of all her Officers from time to time provided they be able pious and Orthodox 5. Every Church hath also free liberty of Admission Recommendation Dismission and expulsion Members or Disposal of their Officers and Members upon due Cause with free Exercise of the Discipline and Censures of Christ according to the Rules of the Word No Humane Institutions 6. No Injunction shall be put upon any Church Church officer or Member in point of Doctrine Worship or Discipline whether for Substance or Circumstance besides the Institution of the Lord. 7. Every Church of Christ hath freedome to Celebrate dayes of Fasting and Prayer and of Thanksgiving according to the Word of God Elders meeting 8. The Elders of Churches and other Brethren and Messengers have liberty to meet Monthly Quarterly or otherwise in convenient Numbers and Places for Conference and Consultation about Christian and Church Questions and Occasions provided that nothing be concluded and imposed by way of Authority from one or more Churches upon another but onely by way of Brotherly Conference and Consultation 9. All Churches also have liberty to deal with any of their Members in a Church way that are in the hands of Justice so it be not to retard and hinder the course thereof 10. Every Church hath liberty to deal with any Magistrate Deputy of Court or other Officer whatsoever that is a Member of theirs in a
put to Election so shall they be nominated for Election except such of the eighteen who were Magistrates the year before who shall have precedency of all others in nomination on the day of Election And if any be trusted in this Order shall fail in the discharge of their trust shall forfeit ten pounds 1649. 4. It is Declared by this Court to be the constant liberty of the Freemen of this Jurisdiction to chuse yearly at the Court of Election out of the Freemen all the General Officers of this Jurisdiction and if they plea e to discharge them at the Court of Election by way of Vote they may do it without shewing cause Freemen to chose all general Officers but if at any other General Court we hold it due Justice that the reason thereof be alleadgâ—d and proved By General Officers we mean our Governour Deputy Governour Assistants Treasurer Major General Admiral at Sea Commissioners for the Vnited Colonies Secretary of the General Court and such others as aâ—e or here after may be of like General nature 1641. VVHereas it is found by experience that there are many who are Inhabitants of this jurisdiction who are Enemies to all Government Civil and Ecclesiastical who will not yield Obedience to Authority but make it much of their Religion to be in opposit on thereto and refuse to bear Arms under others who notwithstanding combine together in some Towns and make Parties suitable to their designes in Election of such persons according to their ends Persons exempt from voting in Elections It is therefore Ordered by this Court and the Authority thereof that all persons Quakers or others which refuse to attend upon the publick Worship of God here Established that all such persons whether Freemen or others acting as aforesaid shall and hereby are made uncapable of Voting in all civil Assemblies during their obstinate persisting in such wicked wayes and courses and until certificate be given of their Reformation And it is further Ordered that all those Fines and Mulcts of any such Delinquents as aforesaid which are not gathered nor paid to the several Treasurers of the Counties as also what Fines shall be laid on them for the future shall be delivered by the Order of the County-Treasurers respectively to the Select men of the several Towns whereunto they belong to be by them improved for the poor of the Town ESCHEATS IT is Ordered by this Court and the Authority thereof that where to Heir or owner of Houses Lands Tenements Goods or Chattels can be found they shall be seized to the publick Treasury till such Heirs or Owners shall make due claim thereto unto whom they shall be restored upon just and reasonable tearms 1646. FARMS IT is Ordered by this Court and the Authority thereof that all farms which are within the bounds of any Town shall henceforth be of the same Town in which they lye except Meadford 1641. Faires and Markets IT is Ordered by the Authority of this Court that there shall henceforth be a Market kept at Boston in the County of Suffolk Boston upon the fifth day of the week from time to time Salem And at Salem in the County of Essex upon the fourth day of the week from time to time Lyn. And at Lyn on the third day of the week from time to time Charlstown And at Charlstown in the County of Middlesex upon the sixth day of the week from time to time It is also Ordered and hereby Graunted to Boston aforesaid to have two Fairs in a year on the first third day of the third Month and on the first third day of the eighth Month from year to year to continue for two or three dayes together Also to Salem aforesaid to have two Fairs in a year on the last fourth day of the third Month L. 2. p. 7. and the last fourth day of the seaventh Month from year to year Watertown Also to Watertown in the County of Middlesex two Fairs in a year on the first sixth day of the fourth Month and the first sixth day of the seaventh Month. Also to Dorchester in the County of Suffolk two Fairs in a year on the fourth third day of the first Month and the last fourth day of the eighth Month from year to year 1633 34 36 38 48. FERRIES FOR settling all common Ferries in a right course both for the Passengers and Owners Men may pass Ferries in their own Boats It is Ordered by this Court and the Authority thereof That whosoever hath a Ferry granted upon any passage shall have the sole liberty for transporting Passengers from the place where such Ferry is granted to any other Ferry place where Ferry Boats use to land and any Ferry Boat that shall land Passengers at any other Ferry may not take Passengers from thence L. 2. p. 7. if the Ferry Boat of that place be ready Provided this Order shall not prejudice the liberty of any that do use to pass in their own or neighbours Cannoos or Boats to their ordinary labour or business But no Ferry man shall carry over the water any Passengers in a Cannoo but in case of necessity Ferry men not to carry in cannnoos and upon his own desire under the pain of forfeiture of the Cannoo or the value thereof to the Treasury And at Weymouth Ferry every single person shall pay for his Passage two pence And all Ferry men are allowed to take double pay at all common Ferries after day light is done and those that make not present pay being required shall give their names in wrighting or a pawn to the Ferry men or else he may complain of any such to a Magistrate for satisfaction And it is Ordered that all Magistrates and such as are or from time to time shall be chosen Deputies of the General Court Magistrates and Deputies to pass free with their necessary attendance viz. a Man and a Horse at all times during the time of their being Magistrates or Deputies but not their Families shall be Passage-free over all Ferries that pay no Rent to the Country 2. And for the preventing of danger in the Passing at Common Ferries It is Ordered That no person shall press or enter into a Ferry Boat contrary to the Will of the Ferry man None to enter the Ferry boat without leave of the Ferry men Magistrates Depuâ—ies or Elders or of the most of the Passengers first entred upon pain of ten shillings for every such attempt And that every Ferry man that shall permit or allow any person to come into his Boat against the will of any of the Magistrates or Deputies or any of the Elders shipped in such Boat or the greater part of the Passengers in the said Boat shall forfeit for every person so admitted or received against such their will so declared the sum of twenty shillings And it shall be in the power of any of the Ferry men to keep
of Regiments to be regulated ordered by the Major General It is Ordered That the Major General take care for regulating of the Military affaires of such Towns till they are brought under a Major as in other Counties And all Military Officers of such places are required obedience to the Orders of the Major General from time to time upon the penalty above mentioned for every defect 1666. VVHereas the Law tit Military Sect. 7. requires every Pike man to be compleatly furnished amongst other weapons with a sufficient Corslet This Court considering that Corslets are wanting to many Souldiers in several Companies and that supplies therein are not easily to be attained It is therefore now Ordered and by the Authority of this Court Enacted That every Pikeman within this Jurisdiction shall be compleatly furnished either with a sufficient Corslet Buffe Coat or Quilted Coat Pike men to prâ—vide Buâ—â— Coats or Quiâ—ed coatâ— such as shall be allowed by the chief Officer under whose command they from time to time shall serve upon the penalty in the recited Law already expressed any Law Custome or Usuge to the contrary notwithstanding 1666. THis Court considering the direction of our Patent regulating to the stating of all Military Officers in this furisdiction Do hereby Order and Declare That all Commission Officers that at present are in power are confirmed according to their respective Commissions but for the time to come where new are to be chosen it is only in the power of the General Court or in case of emergency for the Council of the Common-wealth How Officers are to be chosen to Nominate Choose Appoint and Impower all Commission Military Officers excepting the Major General and Admiral by Sea the choice of whom are otherwise provided for by Law and for all inferiour Officers in Companies they are to be chosen and appointed by the Commission Officers of that Company and where no Commission Officer is by the Major of the Regiment 1668. THe Court considering that the Regiments are multiplied from three to six since the Law was made requiring the Serjeant Majors of every Regiment to draw forth his Regiment once in three years to exercise them in Military Discipline Regimental meetings Do Order That henceforth the Regimental Meetings shall be in this following Order i. e. Suffolk this present year 1671. Norfolk including the County of Portsmouth and Dover 1672. Middlesex Anno 1673. Yorkshire Anno 1674. Essex Anno 1675. Hampshire Anno 1676. And so to be continued in this Order successively from time to time And the Majors of Norfolk Yorkshire and Hampshire are allowed towards their expenses and entertainment occasioned by that service ten pounds a piece respectively for the time of that service to be paid by their respective County Treasurers And it is also Ordered That henceforth the allowance of twenty pounds a piece granted formerly to the Majors of the three old Regiments shall be paid by the County Treasurers respectively for such their service any thing contrary hereunto contained in the Military Law Sect. 2. notwithstanding 1671. MINES FOr incouragement of such as will adventure for the discovery of Mines It is Ordered by this Court L. 2. p. 11. Discoverers of Mines to enjoy the profit for 21 years That whosoever will be at the charge for the discovery of any Mine within this Jurisdiction shall enjoy the profits thereof with a fit proportion of Land to the same for twenty one years to their proper use and also that such persons shall have liberty to purchase the interest of any of the Indians in such Lands where such Mines shall be found provided they shall not enter upon any Towns or persons Propriety without his leave 1641. 2. And any Inhabitant within this Jurisdiction that shall have or finde any kinde of Mine or Mines whatsoever in any of their own proprieties the whole benefit and profit of such Mines are due and shall belong to such Proprietor of Land wherein such Mine shall be found to them and to their Heirs for ever as any part of their Lands Minneries Possessions or Profits whatsoever paying onely the fifth part of Gold and Silver Oar according to proviso made on that behalf MONEY IT is Ordered by this Court and the Authority thereof A. 52. p. 12. That a Mint-house be Erected at Boston and that the Master of the said Mint and all the Officers thereof shall be sworn and allowed by this Court Mint house at Boston or by such as shall be Authorized by this Court for that purpose And all persons whatsoever have liberty to bring into the said Mint all Bullion Plate or Spanish Coyn there to be melted and brought to Alloy of Sterling Money by the Master of the said Mint and his sworn Officers from time to time by him or them to be Coyned into twelve penny six penny and three penny pieces which shall be stamped with a double Ring on either side with this Inscription Stamp of the Coyn MASSACHUSETS and a Tree in the center on the one side NEW-ENGLAND with the year of our Lord and the figure XII VI. III. according to the value of each piece on the other side together with a privie mark which shall be appointed every three Months by the Governour and known onely to him and the sworn Officers of the Mint And further the Master of the Mint aforesaid is hereby required to Coyn all the said Money of good Silver Value of the Coyn of the just Alloy of new Sterling English Money and for value two pence in the shilling of lesser value then the present English Coyn and the lesser pieces proportionably And all such Coyn as aforesaid and no other except English shall be acknowledged to be the currant Money of this Common-wealth and to pass from Man to Man in all payments accordingly within this Jurisdiction And the Mint master for himself and Officers for their pains and labour Melting Allowance for Coyning Refining and Coyning is allowed by this Court to take one shilling out of every twenty shillings which he shall stamp as aforesaid and it shall be in the liberty of any person who brings into the Mint-house any Bullion Plate or Spannish Coyn to be present and see the same Melted Refined and Alloyed and then to take a Receipt of the Master of the Mint for the weight of that which is good Silver Alloyed as aforesaid for which the Mint-master shall deliver him the like weight in currant Money viz. every shilling to weigh three pence Troy weight Weight of the Coyn and lesser pieces proportionably deducting allowance for Coynage as before is expressed Mint masters Officers to be known And it is further Ordered That a Committee be chosen by this Court to appoint a Mint-house in some convenient place in Boston and to approve and swear the Master and all the Officers and to Order and Determine what shall further appear necessary to carry on
of poor people that may need relief from the place where they dwell Order that settle poor It is Ordered by this Court and the Authority thereof That where any person with his Family or in case he hath no family shall be resident in any Town or Peculiar of this Jurisdiction for more then three months without notice given to such person or persons by the Constable or one of the Select-men of the said place or their Order that the Town is not willing that they should remain as an Inhabitant amongst them And in case after such notice given such person or persons shall notwithstanding remain in the said place if the Select-men of the said place shall not by way of complaint Petition to the next County Court of that Shire for relief in the said case and the same prosecuted to effect every such person or persons as the case may require shall be provided for and relieved in case of necessity by the Inhabitants of the said place where he or shee is so found And it is further Ordered That each County Court shall from time to time hear and determine all Complaints of this nature and settle all poor persons according to directions of this Law in any Town or Peculiar within this Colony and every such person or persons shall accordingly be entertained and provided for by the Select-men or Constable of the said place at a Town-charge And in case any Town or Peculiar shall finde themselves agrieved at such disposure of the County Court they may Appeal to the next Court of Assistants And where any person or persons cannot according to this Law be settled in any Town or Peculiar they shall then be placed in any Town of that County wherein they are found according as the County Court shall appoint and their charges satisfied unto them by the County Treasurer POSSESSION THe Court taking into consideration the great neglect of many persons in the Infancy of these Plantations A. 58. p. 28. to observe any due order or legal course for the confirmation of such Sales and Alienations of Houses and Lands as have passed from man to man which thing may several wayes be of very evil Consequence to Posterity Doth therefore Order and hereby Enact That any person or persons that hath either himself or by his Grantees or Assignes before the Law made for direction about Inheritances bearing date October the nineteenth one thousand six hundred and fifty two Title to Inheritances limited Within 5 years Possessed and Occupied as his or their own proper Right in see simple any Houses or Lands within this Jurisdiction and shall so continue whether in their own Persons their Heirs or Assignes or by any other person or persons from by or under them without Disturbance Let Suit or Denial legally made by having the Claim of any person thereto entred with the Recorder of the County where such Houses or Lands do lye with the Names of the person so claiming and the Quantity Bounds of the Lands or Houses claimed and such Claim prosecuted to effect within the tearm of fire years next after the twentieth of this present May one thousand six hundred and fifty seven every such Proprietor their Heirs and Assignes shall for ever after enjoy the same without any lawful Let Suit Disturbance or Denial by any after Claim of any person or persons whatsoever any Law or Custome to the contrary notwithstanding And for all Bargains or Alienations made or to be made after the aforesaid time that every person concerned therein observe the Directions given in the above recited Law upon peril of suffering all the damage that shall accrue to them their Heirs and Assignes by neglect thereof 1657. PORTERS There being a very great abuse in the Towns of Boston and Charlstown by Forters A. 56. p. 10. who many times do require and exact more then is just and righteous for their Labours It is Ordered by this Court That from henceforth the Select-men of the said Towns from time to time Porters to be Ordered by the Select men shall have power to regulate in this case and to state their Wages as in their understanding shall be most just and equal as also to determine what persons shall be imployed therein 1655. Pound Pound-breach FOr prevention and due recompence of damages in Corn-fields and other Inclosures done by Swine and Chattel Pound in every Town It is Ordered by this Court and Authority thereof That there shall be one sufficient Pound or more made and maintained in every Town and Village within this Jurisdiction for the Impounding of all such Swine and Chattel as shall be found in any Corn-field or other inclosure And whosoever Impounds any Swine or Chattel shall give present notice to the Owner if he be known or otherwise they shall be cryed at the two next Lectures or Markets A. 57. p. 24. And if Swine or Chattel escape out of Pound the Owner if known shall pay all damages according to Law And every person or persons having notice given them or otherwise left in writing at their House or place of their usual abode of any of their Chattel Impounded or otherwayes Restrained Cattle impounded to be repleived or damage satisfied shall forthwith give satisfaction to the party so wronged or otherwise Replevie their Chattel and prosecute the same according to Law upon peril of suffering all the loss and damage that shall come to their Chattel by standing in the Pound or other lawful place of Restraint 1645 47 57. 2. And if any person shall resist or rescue any Chattel going to Pound or shall by any way or means convey them out of Pound or other Custody of the Law whereby the party wronged may lose his damages Rescues and Pound breach and the Law be deluded that in case of meer rescues the party so offending shall forfeit to the Treasury forty shillings Fine or And in case of Pound breach five pounds and shall also pay all damages to the party wronged and if in the rescues any bodily harm be done to the person of any Man or other Creature they may have remedy against the Rescuers And if either be done by any not of ability to answer the forfeiture and damages aforesaid be whipped they shall be openly Whipped by Warrant from any Magistrate before whom the offender is convicted in the Town or Plantation where the offence was committed not exceeding twenty stripes for the meer Rescue or Pound breach And for all damages to the party they shall satisfie by service as in case of Theft And if it appear there were any procurement of the Owner of the Chattel thereunto and that they were Abetters therein they shall pay forfeiture and damages as if themselves had done it 1647. POWDER VVHereas by favour of the Government in England A. 52. p. 3. several quantities of Powder and other Amunition are yearly Imported into this Jurisdiction for
and Releived and their Goods preserved in safety till Authority may be Certified and shall take further Order therein Also any Whale or such like great Fish cast upon any shore shal be be safely kept or improved where it cannot be kept by the Towne or other Proprietor of the I and till the General Court shall take Order for the same 1641 1647. WRITS IT is Ordered by this Court and the Authority thereof That henceforth all Writts Process and Indictments shall by all Magistrates the Secretary Clerks of the several Courts and Writts be made and sent forth in his Majesties Name i. e. You are hereby Required in his Majesties Name 1662. FINIS PRESIDENTS FORMES of things frequently Vsed TO I. B Carpenter of D. You are Required in His Majesties Name to appear at the next Court Summons holden at B. on the day of the month next ensuing to answer the complaint of N. C. for with holding a debt of due upon a Bord or Bill or for two Hebers c. sold you by him or for work or for a Trespass done him in his Corn or Hay by your Cattle or for a Slander you have done him in his name or for Striking him or the like And 〈◊〉 of you are not to sayle at your Peril Dated the day of the Month. 1641. TO the Marshall or Constable of B. or their Deputy Attachments You are Required in His Majesties Name to Attach the Goods or for want therof the Body of W. F. and to take Bond of him to the value of with sufficent Surety or Suretyes for his Appearance at the next Court holden at S. on the day of the Month then and there to answer the Complaint of T. M. for c. as before And so make a true Return thereof under you hand Dated the day c. By the Court R. F. Bond for Appearance KNow all men by these presents that we A. B. of D. Yeoman and C. C. of the same Carpenter do bind our selves our Heires and Executors to R. F. Marshall or M. O. Constable of D. aforesaid in Pounds upon condition that the said A. B. shall personally appear at the next Court at S. to answer L. M. in an Action of And to abide the Order of the Court therein and not to depart without Licence TO the Marshall or Constable of _____ You are Required in His Majesties Name Replevin to Replevie three heisers of T. P. now distreined or impounded by A. B and to deliver them to the said T. P. Provided he give Bond to the Value of _____ with sufficient Surety or Suretyes to prosecute his Replivin at the next Court holden at B. and so from Court to Court till the Cause be ended and to pay such Costs and Damages as the said A. B. shall by Law Recover against him And so make a true return thereof under your hand Dated c. By the Court R. F VVHeras upon serious Consideration We have concluded a Confederacie with the English Celonies of Neu-Plâ—mouth and Conâ—â—â—uct as the Bond of Nature Reason Religion and Respect to our Nation doth Require Commissioners for the Vnited Colonies We have this Court Chosen our Trustie and well beloved Friends S. B. and T. D. for this Colonie for a full and compleat Year as any Occasions and Exigents may Require and particlarly for the next meeting at P. And do Invest them with full Power and Authority to Treat and Conclude of all things Their Power according to the true Tenour and Meaning of the Articles of Confederation of the United Colinies Concluded by the General Court held at Boston the fifteenth of May. 1672 VVHereas I A. B. am an Inhabitant within this Jurisdiction Considering how I stand Obliged to the Kings Majesty his Heires and Successors by our Charter and the Government Established thereby Do Swear accordingly by the great and dreadfull Name of the Ever-Living God Oath of Fidelitie that I will bear Faith and true Allegiance to our Soveraign Lord the King his Heires and Successors and that I will be True and Faithfull to this Government and accordingly yeild Assistance thereunto with my person and estate as in equity I am bound And will also truely endeavour to Maintain and Preserve all the Liberties and Priviledges thereof Submiting my self unto the wholesom Laws made and established by the same And farther that I will not Piot or practice any evil against it or consent to any that shall so do but will timely discover and reveal the same to Lawfull Authority now here established for the speedy preventing thereof So help me God in our Lord Jesus Christ VVHereas I A. B. being an Inhabitant of the Jurisdiction of the Massachusets and now to be made free Do hereby acknowledge my selfe to be subject to the Government thereof Considering how I stand obliged to the Kings Majesty his Heires and Successors by our Charter and the Government established thereby Freemans Oaoh Do Swear accordingly by the Great and Dreadfull Name of the Ever-Living GOD thar I will bear Faith and true Alegiance to our Soveraigne Lord the King his heires and Successors and that I will be True and Faithfull to the same and will accordingly yeild Assistance and Support thereunto with my person and estate as in equity I am bound And will also truely endeavour to maintain and preserve all the Liberties and priviledges thereof submitting my selfe to the wolesome Laws made and established by the same And farther that I will not Plot nor Practice any Evill against it or consent to any that shall so do but will timely discover and reveal the same to Lawfull Authority now here established for the speedy prevention thereof Moreover I do Solemnly bind my selfe in the sight of God that when I shall be called to give my Voyce touching any such matter of this State wherin Freemen are to deal I will give my Vote and Suffrage as I shall in mine own Conscience judge best to Conduce and tend to the Publick Weale of the body without respect of persons or favour of any man So help me God in our Lord Jesus Christ VVHereas you R. B. Esq are Chosen to the place of Governour over this Jurisdiction of the Massachusets for this year Governourâ— Oath and till a new be Cosen and Sworn Considering how you stand Obliged to the Kings Majesty his Heires and Succossours by our Charter and the Government established thereby Do Swear accordingly by the Great and dreadfull Name of the Ever-Living God that you will bear Faith and true Allegiance to our Soveraigne Lord the King his Heirs and Successors that you will in all things concerning your place according to your best power and skill Carry and Demean your self for the said time of your Government according to the Lawes of God and for the Advancement of his Gospel the Laws of this Land and the good of the people of this Jurisdiction You shall do Justice to all
men without partiallity as much as in you lyeth you shall not exceed the Limitations of a Governour in your place So help you God in our Lord Jesus Christ Deputy Governours Oath VVHereas you J. L. are Chosen to the place of the Deputy Governour c. as in the Governours Oath mutatis mutandis VVHereas you S. B. are Chosen to the place of Assistant over this Jurisdiction of the Massachusets for this year and untill new be chosen and Sworn Considering how you stand Obliged to the Kings Majesty his Heirs and Successors by our Charter and the Government established thereby Do Swear accordingly by the Great and dreadfull Name of the Ever-Living God Assistants Oath That you will bear Faith and true Allegiance to our Soveraigne Lord the King his Heirs and Successours That you will truely endeavour according to your best skill to carry and demean you selfe in your place for the said time according to the Laws of God and of this Land for the Advancement of the Gospel and the good of the People of this Jurisdiction You shall Dispense Justice equally and impartially according to your best skill in all Cases wherein you shall Act by Virue of your place You shall not wittingly and willingly exceed the Limitations of your place And all this to be understood during your aboad in this Jurisdiction So help you God in our Lord Jesus Christ Major Generals Oath VVHereas you J. L. have been Chosen to the Office of a Sergeant Major General of all the Military Forces of this Jurisdiction for this present year Considering how you stand Obliged to the Kings Majesty his Heirâ—s and Successors by our Charter and the Government established thereby Do Swear accordingly by the Great and dreadfull Name of the Ever Living God That you will bear Faith and true Allegiance to our Soveraigne Lord the King his Heires and Successours And that by your best skill and ability you will Faithfully discharge the Trust committed to you according to the Tenour and Purport of the Commission given you by this Court. So help you God c. VVHereas you R. R. are Chosen Treasurer for the Jurisdiction of the Massachusets for this year and until a new be Chosen Do promise to give out Warrants with all convenient diligence for collecting all such sums of Money as by any Court Treasurers Oath or otherwise have been or shall be appointed and to pay out the same by such sums and in such manner as you shall be lawfully appointed by this Court if you shall have it in your hands of the common Treasury And to return the names of such Constables as shall be failing in their office in not collecting and bringing in to you such sums as you shall give Warrant for And tender a true Accompt of all things concerning your said Office when by the General Court you shall be called thereto So help you God in our Lord Jesus Christ Secretaries Oath VVHereas you E. R. are chosen Secretary for the year ensuing You do here Swear by the Everliving God that you will in all things faithfully demean your self in the said Office That you will truely and uprightly according to your best skill and Wisdome frame all Acts and Instruments of publick concernment referring to your Office duely observing such Directions as shall from time to time be given unto you by the General Court or Council of this Common-weal and fairly Record and safely keep the same That you will not disclose the consultations of the General Court where at any time you shall have express charge of secresie nor of the Council where at any time you shall have like charge of secresie That you will without delay impart to the Governour or Deputy Governour what ever Letter or Information shall come to your hand referring to your Office and of publick Concernment to the Common-weal General Court or Council and that you will not wittingly or willingly exceed the limits of your place So help c. Publick Notaries Oath YOU W. A. here Swear by the Name of the Everliving God That in the Office of a Publick Notary to which you have been chosen You shall Demean your self diligently and faithfully according to the duty of your Office and in all Writings Instruments and Articles that you are to give Testimony unto when you shall be required you shall perform the same truely and sincerely according to the nature thereof without delay or Covin And you shall enter and keep a true Register of all such things as belong to your Office So help you c. Marshals Oath YOU E. M. shall diligently faithfully and with what speed you may collect and gather up all such fines and sums of money in such Goods as you can finde of every person for which you shall have Warrant so to do by the Treasurer for the time being And with like faithfulness speed and diligence leavie the Goods of every person for which you shall have Warrant so to do by virtue of any Execution granted by the Secretary or other Clerk Authorized thereunto for the time being And the same Goods so Collected or Leavied you shall with all convenient speed deliver in to the Treasurer or the persons to whom the same shall belong And you shall with like care and faithfulness ferve all Attachments directed to you which shall come to your hands and return the same to the Court where they are returnable at the times of the return thereof And you shall perform do and execute all such lawful Commands Directions and Warrants as by lawful Authority here established shall be committed to your care and charge according to your Office All these things in the presence of the living God you binde your self unto by this your Oath to perform during all the time you continue in your Office without favour fear or partiality of any person And if you meet with any case of difficulty which you cannot resolve by your self you may suspend till you may have Advice from Authority So help c. FOrasmuch as every Magistrate Associate Commissioners for small Causes c are under an Oath of God and that no provision hath been made for such as are invested with Magistratical power by this Court It is Ordered That every man to whom such power is derived shall henceforth take the Oath here under written before some County Court or Magistrate before he Exert his Authority therein Commissioners Oath VVHereas you A. B. Appointed and Commissionated to Act and Do in sundry respects as any one Magistrate may do as expressed in your Commission You do here Swear by the Great and Dreadful Name of the Everliving God that you will faithfully Demean your self therein with out favour or affection to any to the best of your knowledge according to the Laws here established So help you God c. Associates Oath YOU M. N. being chosen Associate for the Court for this year and till