The BOOK of the General LAWS OF the INHABITANTS of the JURISDICTION of New-Plimouth Collected out of the RECORDS of the GENERAL COURT And lately Revised And with some Emendations and Additions Established and Disposed into such Order as they may readily Conduce to General Use and Benefit And by the Order and Authority of the GENERAL COURT of New-Plimouth Held at Plimouth June 2d Anno Dom. 1685 Reprinted and Published Nathaniel Clerk Secrt ' SIGILLVM SOCIETATIS PLIMOVTII NOV-ANGLIA 1620 Be subject to every Ordinance of Man for the Lords sake 1 Pet. 2.13 BOSTON In NEW-ENGLAND Printed by Samuel Green 1685. A PREFACE Declaring the Warrantable Grounds and Proceedings of the first ASSOCIATES of the Government of New Plimouth In their Laying the first Foundation of this Government in their Making of LAWS and Disposing of the LANDS within the same VVHereas John Carver William Bradford Edward Winslow William Brewster Isaac Allerton and divers others the Subjects of our late Soveraign Lord JAMES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. Did in the eighteenth Year of His Reign of England France and Ireland and of Scotland the fifty four which was in the Year of our Lord God 1620. undertake a Voyage into that parts of America called Virginia or New-England thereunto adjoyning there to Erect a Plantation and Colony of English intending the Glory of God the Inlargement of His Majesties Dominions and the special Good of the English Nation And whereas by the good providence of our Gracious God the said John Carver William Bradford Edward Winslow William Brewster Isaac Allerton and their Associates Arrived in New-England aforesaid in the Harbour of Cape Cod or Paomet Scituate and being in New-England aforesaid where all the said Persons entred into a civil Combination being the eleventh of November The Combination of the first Associates 1620. in the Year aforementioned as the Subjects of our said Soveraign Lord the KING to become a Body Politick Binding our selves to observe such Laws and Ordinances and obey such Officers as from time to time should be made and chosen for our well-Ordering and Guidance And thereupon by the favour of the Almighty began the first Colony in New-England there being then no other within the said Continent at a place called by the Natives Apaum alias Patuxet but by the English New-Plimouth All which Lands being void of Inhabitants We the said John Carver William Bradford Edward Winslow William Brewster Isaac Allerton and the rest of our Associates Entring into a League of Peace with Massasoit since called Woosamequin Prince or Sachem of those Parts He the said Massasoit freely gave them all the Lands adjacent to them and their Heirs for ever acknowledging himself content to become the Subject of our Soveraign Lord the KING aforesaid His Heirs and Successors and taking Protection of us the said John Carver William Bradford Edward Winslow William Brewster Isaac Allerton and their Associates the natural Subjects of our Soveraign Lord the King aforesaid But having no special Letters Patents for the said Parts of New-England but only the general leave and liking of His Majesty aforesaid for the free Exercise of the liberty of our Consciences in the publick Worship and Service of God wherever we should settle Being therefore now settled and Desiring and Requesting special License and Commission from His Majesty for the ordering our Affairs under his Gracious Protection had sundry Commissions Made and Confirmed by His said Majesties Council for New-England to John Pierce and his Associates whose Name we only made use of and whose Associates we were in the late happy and memorable Reign of our said Soveraign Lord King James but finding our selves still straitned and a willingness in the Honourable Council aforesaid to inlarge us partly in regard of the many Difficulties we had undergone and partly in regard of the good Service done as well in relieving His Majesties Subjects as otherwayes We procured a further Inlargement under the Name of William Bradford aforesaid and his Associatess whose Names we likewise used and whose Associates as formerly we still are By vertue of which Letters Patents liberty is given unto us derivatory from our Soveraign Lord King Charles bearing Date the thirteenth of January Liberties granted by our Patent 1629. being the first Year of His Reign of England Scotland France and Ireland and Signed by the Right Honourable Robert Earl of Warwick in the behalf of the rest of His Majesties said Council for New-England and Sealed with their common Seal allowed to Frame and Make Orders Ordinances and Constitutions for the Ordering Disposing and Governing of our Persons and Distributing the Lands within the said Limits to be holden of His Majesty His Heirs and Successors as of His Mannor of East-Greenwich in the County of Kent in free and common Soccage and not in Capite nor by Knights Service viz. All that part of New-England in America and Tract and Tracts of Lands that lie within or between a certain Rivolet or Runlet there commonly called Coahasset alias Conahasset towards the North and the River commonly called Narrhaganset River towards the South and the great Western Ocean towards the East and between and within a streight Line directly extending up into the main Land towards the West from the mouth of the said River called Narrhaganset River to the outmost Limits and Bounds of a Countrey or Place in New-England commonly called Pokenacut alias Puckenakick alias Sawaamset Westward and another like streight Line extending it self directly from the mouth of the said River called Coahasset alias Conahasset towards the West so far up into the main Land Westwards as the outmost Limits of the said Place or Countrey commonly called Pokenacut alias Puckenakick alias Sawaamset do extend together with one half of the said River called Narrhaganset and the said Rivolet or Runlet called Coahasset alias Conahasset and all all Lands Rivers Waters Havens Creeks Ports Fishings Fowlings and all Hereditaments Profits Commodities and Emoluments whatsoever Scituate Lying and Being or arising within and between the said Limits or Bounds or any of them Furthermore all that Tract of Land or part of New-England or part of America aforesaid which lieth within or between and extendeth it self from the outmost Limits of Cobbisecontee alias Comaseconte which adjoyneth to the River of Kenebeck alias Kenebekike towards the Western Ocean and a place called the Falls at Nequamkike in America aforesaid and the space of fifteen English Miles on each side the said River commonly called Kenebeck River and all the said River called Kenebeck that lieth within the said Limits and Bounds Eastward Westward Northward or Southward last above-mentioned and all Lands Grounds Soyles Rivers Waters Fishings Hereditaments and Profits whatsoever Scituate Lying and Being Arising Happening or Accruing or which shall Arise Happen or Accrue in or within the said Limits or Bounds or either of them together with free Ingress
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
Sit at Plimouth twice a year namely the first Tuesday in April when where to Sit. and the first Tuesday in October to Hear Examine and Determine all Cases of Life Limb Banishment and matters of Divorce according to Law and to Receive and Try all Appeals duely brought unto them from any Inferiour Court whether in matters Civil or Criminal to order Warrants for the choice of Juries and constitute Clerks or other needful Officers their power Ordered the Court of Assistants or Council have power to order the Payments to be made out of the Publick Treasury due to such as upon occasion have been Imployed in the Countries Service In which Court to make a valid Determination There shall pe present at least the Governour or Deputy Governour and four Assistants 2. And that Justice be not deferred nor the Countrey needlesly charged It shall be lawful for the Governour Liberty to call a Court of Assistance on special occasion or in his absence the Deputy Governour to call a Court of Assistants to try any Malefactors in any Capital Cause or upon other weighty Occasions as he shall see need 3. Ordered That no Person shall be put to Death in less than four dayes after Condemnation unless the Court see special cause or in case of Martial Law And that it shall be lawful for the Governour or Deputy Governour with the consent of two Magistrates Condemned persons the time of Execution Replevin to Reprieve a condemned Malefactor for a short time and if there be to them special Reason to the next General Court And that Warrants for Execution shall be always Signed by the Clerk of the Court of Assistants by Order of said Court Court of Admiralty BE it Enaced by this Court and the Authority thereof That the Governour for the time being or the Deputy Governour with three or four or the Assistants Courts or Admiratly their constitution power and such other Substantial Persons as the Governour for the time being shall commissionate under the Seal of this Colony shall have full Power to Act as a Court of Admiralty for Hearing and Trying and Determining all Matters and Causes which by the Act Intituled Pirates and Privateers are to be Tried thereby or by a Quorum of them as by the said Commission shall be Authorized either by themselves alone or together with or by a Jury Impannelled for such Trials as the Case may Require County Courts 1. IT is Ordered by this Court and the Authority thereof That there be in this Colony three Counties Countie and County Courts their constitution and that in each County there shall be kept annually two County Courts which Courts shall be kept by the Magistrates living in the several Counties or by any other Magistrate that can attend the same or by such as the General Court shall appoint from time to time and to make a Court there shall be present not less than three Magistrates or Associates and in no case shall Judgment be given without there be two consenting or the major part if more than four Judges and in the absence of the Governour or Deputy Governour the eldest Magistrate shall be President of the Court which Court shall have and hereby have power to order the choice of Juries of Grand Inquest and Trials in their several Countries and to constitute Clerks and other needful Officers the County Treasurer to be appointed and allowed of by said Court annually It is Ordered That each County Court shall have and hereby have power to Hear Try and Determine according to Law all Matters Actions Gauses and Complaints Their power whither Civil or Criminal in any Case not extending to Life Limb or Banishment or matter of Divorce The County of Plimouth its Limits 2. It is Ordered That Plimouth Duxbury Scituate Marshfield Bridgwater and Middlebrough together with all such Place and Villages that do or may lye between the said Towns and the Patent Line be a County Plimouth the County Town and said County called the County of Plimouth In which County shall be kept two County Courts annually courts number time place at the Town of Plimouth one on the third Tuesday in March and the other on the third Tuesday in September The County of Barnstable its Limits 3. It is also Ordered That Barnstable Sandwich Yarmouth and Easthaws the Villages of Sippican Suckonesset and Manamoy shall be a County Barnstable the County Town and said County shall be called the County of Barnstable courts number time place in which County shall be kept two County Courts annually at the County Towns one on the third Tuesday in April and the other on the third Tuesday in October The County of Bristol its Limits It is further Ordered That Bristol Taunton Rehoboth Dartmonth Swansey Little Compton Free-Town Sowammit Pocasset Punkatest and all such Places Towns and Villages as are or may be settled on said Lands shall be a County courts number time place Bristol the County Town and the said County shall be called the County of Bristol In which County shall be kept two County Courts annually at the County Town one on the third Tuesday in May and the other on the third Tuesday in November Deeds c. may be Recordedin the County where they ly and held sufficient 4. It is Ordered c. That all Deeds Bargains Mortgages for Houses Rents Lands not already Recorded in the Publick Records or that shall not be Recorded before the first County Court of each County shall or may be Recorded in the County where they lye by the County Recorder which shall from and after the first County Court that Sits in said County be accounted Legal and Sufficient Record for the same it having been acknowledged or duely Proved before the Recording County Courts to settle the Estate of intestats take probats of Wills 5. It is Ordered that such County Court shall have and hereby have power to settle and dispose according to Law the Estate of any Person that dies Intestate within the County and to grant Letters of Administration and take the probate of Wills To make Orders for County Prisons High-wayes Bridges Rates in their County 6. It is Enacted That County Courts have Power to make effectual Orders about county Prisons High wayes and Bridges and when there is occasion Order Rates to be made in the several Towns and Places of the County for defraying County charges The Raters of each Town to Rate their Inhabitants or Persons under their Constablerick according to the proportion Ordered by the County Court and the Constable to gather such Rates and be accountable for the same to the County Treasurer 7. It is Ordered That in any County where a Stranger dies Intestate the County Court shall appoint a meet Person to Administer on his Estate if he leave any and to secure the same for them of whom of
shall not extend to restrain any charitable act in relieving any Indian bona fide in any suddain Exigent of sickness faintness and not to exceed one Dram or two or by the prescription and direction of some Physitian under the hand of a Magistrate first obtained what testimony sufficient for conviction thereof And it is further Ordered That the Accusation Information or Testimony of any Indian or if there be any other probable circumstance attending it shall be accounted sufficient Conviction of any such Person or Persons suspected to give sell trade procure or furnish any such Indians with any Wine Sider strong drink or Liquors as abovesaid unless such Person or Persons shall on their Oath clear themselves thereof in which case they have that liberty granted to them unless where the circumstances do amount to a sufficient evidence against them And in case any such Offender be not able to pay their fine as abovesaid every such Offender shall be publickly whipt And for the better Execution of this Order It is Declared that such as find out and prosecute such Offenders shall have one third of the Fine and the County wherein it ariseth the other two thirds And further That it may and shall be lawful for any man to seize on any such Wine Syder Strong Drink or Liquors which he finds in the custody of any Indian or Indians and shall have if for his pains Lawful to seiz any Liquors c. found in an Indians custody if Indians falsly accufe any to be whipt provided he bsing said Indian or Indians before some one of the Magistrates or Select men of the Town to be further examined about it and if they will not truly discover where they had such Liquors or other Drink they shall be winpt And if it shall manifestly appear to the Magistrate or Court that such Indian hath wittingly falsly accused any English-man of helping him to or furnishing him with any such strong Liquors or Drink such Indians shall be whipt Jurors Grand Jury chosen impanelled 1. ORdered by this Court and the Authority thereof That the Jurors of Grand Inquest being chosen according to Warrants directed to several Towns being Returned Impannelled and Sworn to serve His Majesty thereon shall inquire into and present the Breach of such wholsome Lawes Ordinances as are of shall be here established Their Duty all such Misdemeanors as manifestly tend to the hurt and detriment of Religion Civility Peace Society or neighbour hood that they shal know or be informed of upon the restimony of any one or more witnesses upon Oath to be commited by any person or persons within this Jurisdiction and to do any other Service which on His Majesties behall be required of them at such Courts and times as by Warrants they shall be required provided no person whatsoever shall be bound to inform present or reveal any private Crime or Offence wherein there is no peril or danger to this Colony or any Member thereof when any necessary tye of Conscience binds him to secrecy unless it be in testimonies lawfully required of them Petty Jurors impannelled and sworn to find according to their Evidence 2. Ordered That petty Juries returned to any Court as before shall be Impannelled and Sworn truly to try between Party and Party and shall find the matter of Fact with the Dammage and Cost according to their Evidence or truly to try between our Soveraign Lord the King and any Prisoners brought to the Bar and the Judges shall declare the Sentence or direct the Jury to find according to Law And in all Cases where the Law is Obscure so as the Jury cannot be fatisfied therein they have liberty to present a special Verdict viz. If the Law be so in such a point we find for the Plantiff Liberty to give a special Verdict but if the Law be otherwife we find for the Defendant In which Case the Determination doth properly belong to the Court And all Juries shall have liberty in matter of Fact if they cannot find the main Issue yet to find and presentin their Verdict so much as they can Jurors to be fined for neglecting to attend the court and at the first sitting thereof 3. Ordered That any Jury-man being orderly chosen and returned to serve at any Court and shall neglect to attend at such Court as he is warned to at the first sitting thereof or that after they are Impannelled and Sworn shall not duly attend any of said Courts and such Service as belong to them they shall be fined as the Court that hath the Cognizance thereof shall see cause not exceeding twenty shillings for one Offence but if Circumstanced with contempt to be punisht according to the nature of such contempt as the Judges shall see meet The penalty of a grand Jury-Man Ordered That whosoever shall refuse to serve in the Office of a Grand Jury-man shall pay forty shillings fine to the Town and the Town to choose another in his room Ordered That every Grand Jury man be paid by their Respective Towns two shillings six pence for every day they have necessarily attenced such service Court appoint persons to attend such Service If there be want of Jury men to make up the number the Court to appoint and require Persons to attend such service on penalty not exceeding twenty shillings unless in case of contempt See more of Jurors Title Clerks CHAP XII Lands Inheritances land to be held according to the tenor of East Greenwich 1. IT is Ordered by this Court and the Authority thereof That whatsoever Lands have or shall be Graunted by the Court to the respective Townships or to any particular Persons either by the Court or particular Townships shall be Held to them their Heirs Successors and Assignes for ever according to the most free Tenour of East Greenwich in the County of Kent in the Realm of England as Graunted to us in our Patent or Charter Lands intailed to descend according to the Law of Engl. 2. It is Ordered and Declared by this Court and the Authority thereof That all Lands heretofore Intailed and that shall be Intailed hereafter shall descend and enure as by the Law of England the same ought to do 3. It is Ordered and Declared c. That all the Sons of any Person having Lands in see simple who are Heirs shall be Heirs paying and satisfying in case as is by Law provided the Eldest Son shall have double to any of his Brethren and all the younger equal Shares of the Land of their Ancestors and where there is but one Son he shall be sole Heir paying and satisfying as aforesaid And where there is no Son all the Daughters shall Inherit alike All Brethren Heirs to him that dies without issue 4. And that all the Brethren of the whole Blood shall be Heirs to any Person dying without Issue the Eldest Brother to have
double to any one of his Brethren And where there is but one Brother he shall be sole Heir to such Brother or other Ancestor and where there is no Brother the Sisters of the whole Blood shall Inherit alike lands distrain'd 5. It is Ordered That all Houses Lands and other Hereditaments that have been or shall be Levied or Distrained and delivered in Execution according to Law and Possession orderly given by any Marshal or Constable or any of their Deputies that Levied the same and is Returned and Recorded shall be and remain to the Party to whom delivered and his Heirs and Assignes as good an Estate as it was to the Person from whom Taken or Recovered 6. That where Lands Tenements Hereditaments fall or happen to be in Partnership either by Descent Gift Graunt Purchase or otherwise Lands in partnership if any Partner die before it be divided the Heirs or Assignes of the Deceased shall have his or their part with the Survivers as fully as any of the Survivers Any Custome to the contrary notwithstanding Liberty to Sue out a division 7. It is also Ordered That any Partner may Sue out a Division of any such Land as he or they may shew good reason for 8. It is Ordered that where no Heir or Owner of Houses Lands Tenements Goods or Chattels can be found upon the Decease of the late Proprietor a true Inventory of every such Estate in all the parts and parcels thereof shall with the first conveniency be duely taken a just Apprizement made upon Oath by fit men thereunto appointed by a Magistrate Escheaâ—â— or in his absence by the Select Men of the Town where such Estate is and the whole Estate shall be seized by the Colony Treasurer till the true Heir or Owner shall make due Claim thereunto unto whom the same shall be delivered upon just and reasonable terms Conveyances to be acknowledged before a Magistrate 9. Ordered c. That all Sales Exchanges Gifts Mortgages or other conveyancies of Houses Lands and other Hereditaments shall be acknowledged before some Magistrate or otherwise that the Witnesses two of them at least to the Deed be Sworn that the Party Graunter Seller Mortgager c. did Seal and Deliver the said Instrument as his Act and Deed before it be committed to publick Record Except that by special Order of Court the clerk be Ordered to Record any Instrument that is not so Proved or Acknowledged and that after the end of May next which shall be in the year 1686. No Sale Bargain Mortgage or Conveyance of any Houses Lands or other Hereditaments where the Seller Bargainer Mortgager c. Remains in possession shall be of any force against other persons Except the Granter Seller Mortgager c. his Heirs unless the same be acknowledged or otherwise proved as abovesaid and committed to Record 10. An Act made July 10. 1669. for quieting Mens Estates and avoiding Suits in Law touching Title of Lands in case time Suit may be Commenced for Lands detain'd where when barred It is Enacted by the Court and the Authority thereof That no person or persons having had for the space or term of ten years fully past and expired any Right or Title of Entry into or cause of Action for any Lands Tenements or Hereditaments whatsoever now detained from him or them shall thereinto Enter or Commence Suit for but within five years next after the end of this present Session of Court and at no time after And that no person or persons having had for the space or term of eighteen years fully past and expired any Right or Title of Entry into or cause of Action for any Lands Tenements or Hereditaments whatsoever now detained from him or them shall thereinto Enter or Commence Suits for but within two years after the end of this present Session of Court and at no time after And that no person or persons shall at any time hereafter make any Entry into or Commence Suit for any Lands Tenements or Hereditaments but within fifteen years next after his or their Right Title or Cause of Action or Suit which shall hereafter first descend fall or accrue to the same otherwise such Title or Cause of Action shall be for ever after barred and the party or parties claiming and his and their Heirs utterly excluded from Entry into or Suit for the same Provided nevertheless That if any person or persons which hath or shall have such Right Title or cause of Action first be or shall be at the time of the said Right Title or Cause of Action descended according or fallen within the Age of twenty one years Feme Covert non compos mentis imprisoned or beyond the Seas then such person or persons his or their Heirs shall or may notwithstanding the said fifteen years expired bring his Action or make his Entry at any time within five years next after his or their full Age discoverture coming of sound mind enlargement out of Prison or coming into this Country take benefit of and so for the same and at no time after the said five years It is further Enacted by the Court c. That such person or persons as have had Right or Title or Entry into or cause of Action for any Lands Tenements Hereditaments hitherto detained from him or them for the space or Term of twenty years fully past and compleat and neglected hitherto to make his or their Entry or to commence Suit for the same shall be for ever Barred and Excluded and utterly disabled from such Entry or Suit to be made excepting as in the abovesaid Proviso This Act to stand at present suiting our Infant Estate till the Court see cause otherwise to Order mean while it shall be the concern of all for the future cause to obtain the best Evidence they can for the Title and Hold of their Lands A supplement to the Prefatory Declaration and Order in the Preface now Orders by His Majesties General Court held at Plimouth June 2d Anno Dom. 1685 As followeth viz. It is by this Court and the Authority thereof Ordered and Declared That all the Lands with their and every their Appurtenances belonging which have been formerly granted by the Court unto Townships or particular Persons according to the several Graunts or Bounds thereof shall be and remain to the several Townships and Grauntees their Heirs Successors and Assignes for ever in as free full ample and beneficial manner to all Intents Constructions and Purposes whatsoever as the Governour and Associates or General Court by vertue of their Letters Patents Declaratory from His Majesty or by any other ways and means whatsoever might or could Graunt And that the Governour for the time being Confirm all such former Graunts of Lands whether Graunted unto Townships or particular Persons which desire the same under the Seal of the Government not yet affixed thereunto And that the Court of Assistants be a Committee from
Page 29 Number 4 How where the first Improver Fenceth the whole How where one ceaseth to Improve What Remedy when one of the Improvers ceaseth to Fence his part Number 5 In what case no remedy Page 29 Fine Number 1 Fines to be forthwith paid or secured what to be paid in mony Page 30 Number 2 All Fines Issaes c. belonging to the Country to be returned by them before whom they fall unto the Courts of Assist ants to be entred for the Treasurers notice thereof and all had or made before the County-court Magistrates or others shall be caused to be entred in the County-court c. and to belong to the County where they fall except where the Law hath otherwise provided Page 30 Fishing Number 1. Whales to whom they belong and how Page 30 Number 2 Taking of Mackerill at unseasonable times the time the Penalty none to draw a Shore Mackerill with Nets Page 30 CHAPTER X. Highways Number 1 HIghways in case to be laid out by indifferent men chosen by the County-Court Page 31 Number 2 Town high-ways between Neighbourhoods how to be laid out Page 31 Number 3 Country Roads to be forty foot wide Page 32 Number 4 Surveighors of Highways to give three days warning Penalty for Non-appearance who to work at Highways none to be warned to work twice till all have gone over once Page 32 Number 5 Penalty of Surveighors neglect Page 32 Number 6 Those warned where to appear and what time to work Page 32 Number 7 Surveighors to give Account to the Select-men Page 32 Number 8 Country Highways to be laid out by a Jury and an account thereof together with the bounds to be presented to the Town clerk on Penalty and he to send a Copy thereof to the Secretary to be Recorded and that none set any Gate or Fence athwart any such High-way without Licence on Penalty and the Surveyors to renounce such Nusance Page 32 Horses Number 1 Horses to be branded markt and entred Fees for entring not to be carried away without a Ticket on Penalty Page 33 Number 2 Strays to be cryed no Owner appearing how to be disposed and used Page 33 Stature of Stone Horses to go at large on pain Page 34 Number 4 Horses Impounded or not to pay Damage doner Page 34 Number 5 Forreigners Horses how to be dealt with Page 34 CHAPTER XI Inn-keepers Number 1 NOne to keep Ordinaries or Retail Wine c. without Licence on Penalty Page 34 Number 2 Ordinaries how to be provided Page 35 Number 3 Price of Beer Wine and Liquors Page 35 Number 4 Penalty to suffer any to be drunk or drink to excess or stay Tipling in their Houses Page 35 Number 5 Who shall not be Dieted in an Ordinary nor have Wine and Liquor c. drawn to them on the Lords day Page 35 Number 6. The disorderly and unruly in Ordinaries to have their names returned to Court Page 35 Number 8 Inspecters of Ordinaries Page 35 Number 9 Servants and Children not allowed to buy or sit drinking in Ordinaries without Licence c. Page 35 Number 10 Ordinaries Licence to be annually Renewed Page 36 Number 11 When to have their Houses cleared Page 36 Number 12 To whom they may not sell or deliver Wine c. Page 36 Indictments Presentments Complaints c. Number 1 Presentments Complaints to be made within a year unless in case Page 36 Number 2 Persons Indicted on Capital Crimes must not withdraw but surrender themselves on Penalties Page 36 Indians Number 1 Indians not to Powwaw or perform any Devil-Worship Page 37 Number 2 Not to Resort to English Houses on the Lords-Day Nor to profane the Lords Day Page 37 Number 3 Not to be Night-Walkers Page 37 Number 4 Not to give any Ear-Mark to their Swine nor sell any with their Ears cut off dead or alive Page 37 Number 5 Government of the Indians taking care of the Preaching of the Gospel to them and of the Admission of Indian Preachers and the obtaining and distributing such Contributions as are allowed to them and with the Concurrence of the Principal Indians to make Orders and constitute Courts Civil Rulers and other Officers to punish for Misdemeanours c. Provided the grieved party shall have liberty to Appeal Page 37 Fines on Indians how to be improved Page 37 Number 6 No Arms to be Sold to the Indians without Licence nor lent nor Ammunition Sold. Page 38 Number 7 Nor in case have or carry Arms without Licence Page 38 Number 8 None to sell hire or give to any Indians any Boats c. Page 38 Number 9 None to purchase hire or receive of gift any Lands of any Indian or Indians without Licence nor Wood or Timber More upon the Title Page 39 Indians Number 10 None to sell any Mares to the Indians nor they to keep any Page 39 Number 11 In Tryals between English and Indians What Testimony to be accepted Page 39 Number 12 Indians not to be trusted but under limitation how their just Debts may be satisfied their Lands not to be seized for Debts Page 39 Number 13. None to buy Guns Tools c. of the Indians on pain c. Page 39 Number 14 Who to put young Indians to Service none to take Indian Apprentices but by a Magistrates Approbation Page 39 Number 15 Indian-Run-away-Servants how to be dealt with Page 40 Number 16 None to furnish Indians with strong Liquors c. What Testimony sufficient for Conviction thereof Page 40 Lawful to seiz any Liquor c. found in an Indians hand Indians falsly accusing any to be whipt Page 40 Jurors Number 1 Grand-Jury chosen and impannelled Their duty Page 41 Number 2 Petty Juries impannelled and sworn to find according to their Evidence liberty to give a special Verdict Page 41 Number 3 Jurors to be Fined for neglecting to attend the Courts and at the first sitting thereof the Penalty of a Grand Jury-man for not serving his Fees the Court to appoint Jury-men in case of want Page 41 CHAPTER XII Lands and Inheritances Number 1 LAnds to be held according to the Tenor of East Green-wich Page 42 Number 2 Lands Entailed to descend according to the Laws of England Page 42 Number 3 Who are Heirs Page 42 Number 4 All Brothers of the whole Blood Heirs to that Brother that dies without Issue Page 42 Number 5 Lands distrained Page 42 Number 6 Lands in Partnership Page 43 Number 7. Liberty to sue cut a Division Page 43 Number 8 Escheats Page 43 Number 9 Conveyances to be acknowledged before a Magistrate Page 43 Number 10 In what case and time Land detained may be sued for and where and when barred Page 43 Leather and Shoomakers Number 1 Sealers of Leather to be chosen and appointed Two Seals to be used no Leather not sufficiently tanned to be Sealed nor to be Sold till Sealed Page 45 Number 2 The Shoomaker that useth Unsealed Leather to make recompence and further to be punished Page 45