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A50067 The general laws and liberties of the Massachusets colony; Laws, etc. Massachusetts. 1672 (1672) Wing M1003; ESTC R208 224,188 210

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preparation thereunto the person or persons which directly or indirectly conveyed such Instruments Tools or other things whereby such Prisoner shall or might work his or her escape from Prison such person shall be liable to the same corporal punishment which the Prisoner was liable unto and also incurre such further penalty by Fine Imprisonment or Corporal punishment as the County Court Court of Assistants or General Court shall appoint So that where the Prisoners are not actually escaped in such cases any Court to moderate as they shall see meet And if the escape of any Prisoner appear to be through the fault or neglect of the Jaylor he shall then be liable to such penalties as the Prisoner was according as the Court which hath cognizance thereof shall determine 1669. IN Answer to some Questions propounded by the Keeper of the Prison for his direction in the execution of his Office Directions to Prison keepers This Court do Declare That it is the duty of all Prison-keepers from time to time to present a true List of all the Prisoners to such Courts of Judicature as are properly to take cognizance of their crimes and not to discharge any their custody but by the Authority of the Law Warranting the same and that the Court or other Authority taking cognizance thereof shall determine the Costs to be allowed the Keeper for maintenance of the Prisoner as also by whom he shall be satisfied and that where any are committed in any civil cause the Plaintiffe at whose suit he is imprisoned shall secure the Keeper all his necessary expenses during his Imprisonment both for Food and Physick and other necessaries for his livelihood And in case of his neglect so to do the party imprisoned taking his Oath before any Magistrate that he is not worth five pounds the Keeper shall not stand further charged with him but may dismiss such Prisoner his custody Any former Law Usage or Custome to the contrary notwithstanding And it is Declared by this Court That the ordinary allowance to be made for the Food of any Prisoner shall be two shillings sixpence the Week 1663. Protestations contra Remonstrance Liberty to enter a dissent in cases in Court IT is Ordered and by this Court Declared That it is and shall be in the liberty of any Member or Members of any Court Council or civil Assembly in cases of making or executing any Order that properly concerneth Religion or any cause Capital or Wars or Subscriptions to any publick Article or Remonstrance in case they cannot in Judgement and Conscience consent to that way the major vote or suffrage goes to make their Contra Remonstrance or Protestation in Speech or Writing and upon their Request to have their dissent Recorded in the Rolls of that Court so it be done Christianly and Respectively for the manner and the dissent only be Entred without the Reasons thereof for avoiding tediousness 1641. Punishment Torture None punished twice for due offence IT is Ordered and by this Court Declared That no man shall be twice Sentenced by Civil Justice for one and the same Crime Offence or Trespass And for Bodily Punishments L. 1 p. 50. We allow amongst us none that are Inhumane Barbarous or Cruel And no Man shall be beaten with above forty stripes for one Fact at one time nor shall any Man be punished with Whipping Not above 40 l stripes except he have not otherwise to answer the Law unless his Crime be very shameful and his course of life vicious and profligate And no man shall be forced by Torture to confess any Crime against himself or any other unless it be in some Capital case No torture before co●●●●tion where he is first fully convicted by clear and sufficient evidence to be guilty after which if the case be of that nature that it is very apparent there be other Conspirators or Confederates with him then he may be Tortured yet not with such Tortures as are Barbarous and Inhumane Records Recorders Clerks VVHereas Records of the Evidence whereupon the Verdict and Judgement in cases doth pass being duely entred and kept would be of good use both for ●residents and to such as shall have just cause to have their cases Reviewed It is therefore Ordered by this Court and the Authority thereof A 52. p. 13. That every Judgement given in any Court or by one Magistrate L. P. 15. or by Commissioners shall be Recorded in a Book and all the Evidences which are to be given in in Writing in fair and large Papers shall be kept and the party for whom such evidence is brought shall pay to the Recorder or Clerk of the Court for filing and safe keeping the same two pence for each evidence Evidence to be given in writing and the sore man of every Jury shall faithfully deliver up all such Testimonies or other Writings committed to them To be kepton ●ile unto the Recorder or Clerk of the Court when they give in their Verdict in every case And the Fees of the Recorder or Clerk of every County Court shall be as followeth A. 57. p. 21. for Transcribing a Copy of any evidence for every page consisting of twenty eight or thirty lines eight words in a line twelve pence and proportionable to eight pence a page for what it doth exceed Recorders Fees For entry of a Mortgage or Sale of Houses or Lands verbatim not exceeding a page as aforesaid twelve pence and proportionable to eight pence a page for what it doth exceed And for Attesting the Record on the Original Deed six pence and in like manner for Wills and Inventories with six pence a piece for filling up the Original and safe keeping thereof And for entring an Order for the determining of an Estate of such as dyed Intestate or other wherein the Court is to give their approbation or determination twelve pence And for Entry of the Examination and Proceedings of this Court in any Criminal Cases or Presentment with the Judgement of the Court therein two shillings and six pence And for Entry of a Recognizance twelve pence to be paid or secured in Court by the Delinquent party And for Entring a Judgement acknowledge twelve pence And for Entry of an Action one shilling six pence L. 2. p. 7. and a judgement thereupon six pence and for making an Execution two shillings Births Deaths Marriages 2. It is Ordered That the Clerk of the Writts in the several Towns shall Record all Births and Deaths of persons in their Towns and for every Birth and Death they so Record they shall be allowed three pence and they shall yearly deliver in to the Recorder of the Court of the Jurisdiction where they live a true Transcript thereof together with so many pence as there are Births or Deaths to be Recorded Parents Masters c. to certifie the Clerk And all Parents Masters of Servants Executors or Administrators respectively shall
to the Treasurers Order ibid To clear their accompts with the Treasurer on penalty Folio p 25 s 4 To Presse Boats or Carts to carry in Rates and to collect after expiration of his Office ibid His danger in not obeying the Treasurers Warrant ibid To leavy Rates on strangers Folio s 5 To inform of persons entertaining Youth c. See Children Folio p 27 s 3 To serve Attachments see Clerk of Writts Folio p 29 s 2 His Deputy may serve Attachments See Presidents Folio p 162 To whip any that are sentenced thereto See Constables Folio p 31 s 1 To collect Rates by Order of Select men ib. To convey offenders accord to Warrant ib. To make Hue and Cry where no Magistrate is near Folio p 31 s 3 To pursue Hue and Cry ibid To apprehend Offenders ibid To search for such persons on the Sabbath day or else Folio p 31 s 4 To apprehend no person without Warrant in writing ibid May require aid in the execution of his Office Folio p 31 s 5 To have a Black staff tipt with Brass when he executes his Office Folio p 31 s 6 Not pursuing Hue and Cry the penalty ibid To Summon a Jury on untimely death See Vntimely death Folio p 39 To return the names of Deputies chosen for what time on penalty see Deput Folio p 41 s 5 To leavy Rates for Ministers maintenance See Ecclesiastical Folio p 45 S 18 To receive votes for Election in case See Elections Folio p 47 s 2 To Summon Freemen for Nomination of Magistrates and when Folio P 47 S 3 To signifie to the Freemen who are to be put to vote for Magistrates on the day of Election Folio P 48 To apprehend by Warrant deniers of Scripture See Heresie Folio P 59 S 2 To present idle Persons before a Magistrate See idle Persons Folio P 66 To assist the Custome Master in case See Imposts Folio P 68 S 2 To leavy by Warrant fines on any that refuse to assist the Custome Master ibid To serve Warrants to presse Workmen See Impresses Folio P 75 S 1 To convey Indians that are found with Liquors c. before a Magistrate or Commissioner See Indians Folio P 77 S 11 To commit a drunken person to Prison or secure him in case See Inkeepers Folio p 81 s 5 To inform a Magistrate or Commissioner or Select men where no Magistrate or Commissioners are of such cases ibid To return all fines received of drunken persons to the Treasurer ibid To make search for all offenders against this Law on penalty Folio p 83 s 14 To call the Freemen to chuse Jurors and return the Warrant See Jurors Folio p 86 s 1 To Summon any person residing here from their Relation See Marriage Folio p 101 s 4 A Constable with 2 Inhabitants where no Magistrate is may Presse Men Boats to pursue Persons See Masters Folio p 104 s 3 To enquire after Wheat c. landed and put to sale from forreign parts See Malt Folio p 106 s 2 To carry a Souldier before a Magistrate being required thereto by the chief Officers See Military Folio p 108 s 6 To provide Arms for Souldies Folio p 109 s 8 To Impresse Souldiers by Order Folio p 110 s 11 To leavy Rates for Fortification ibid To assist Searchers for mony on penalty See Money Folio p 119 s 3 To present Cullers of Pipeslaves before a Magistrate to be sworn See Pipestaves Folio p 122 To provide for poor persons by Order See Poor Folio p 123 s 2 In Port Towns to signifie to Merchants and Masters the Law about Powder See Powder Folio p 126 s 1 To whip any therunto sentenced See Sabbath Folio p 132 s 1 To cause dogs using to course and bite sheep to be hang'd in case See sheep Folio p 138 s 2 To keep accompt of straies and lost goods See Straies Folio p 142 s 1 In Port Towns to inform Masters of Ships with the Law tit Strangers Folio p 143. s 1 To inform of strangers received contrary to that Law ibid To leavy fines about Swine where no Select men are see swine Folio P 145 s 1 To apprehend Swearers see swearing Folio p 144 s 1 To apprize Swine impounded and not owned Folio P 146 s 3 To leavy fines by Order of Select men see Townships Folio P 148 s 5 To acquaint Select men with the Order about Children Folio P 149 s 8 To serve all Warrants from Select men Folio p 150 s 9 To leavy fines by Warrant from the Treasurer see Treasurer Folio P 151 s 4 To leavy County Rates ibid To apprehend Vagabonds with or without warrant See Vagabonds Folio p. 153. To warne and set the watch and give charge See watches Folio p. 154. s. 1. To present any defective in watches to a Magistrate ibid To provide weights and measures see weights Folio p. 155. s. 1 To pay the Treasurer for sealing them and to deliver them to the Select men ibid To obey Sealers Warrants ibid To pay Indians for killing Wolves see Wolves Folio p 159 s 1 To require Artificers to help in Harvest see Workmen Folio p 16 j Conveyances Deeds For sale of Land or House not valid c. without Deed c. or acknowledgement before a Magistrate Folio P 32 s 1 How to be made ibid What exempted from this Law ibid Obtained by Dures invalid Folio s 3 Fraudulent invalid ibid For sale of House c. or Mortgage of no force against any other not being acknowledged and Recorded the Graunter being in possession Folio s 4 Grauntee to enter his Caution with Recorder of County Court ibid Grauntee to be bound to Court of Assist in case ibid Council In the vacancie of the General Court are the Governour and Assistants Folio p 33 To be called by Letters from the Govern ib. The Governour Deputy Govern with six Assistants may impresse Souldiers ibid In extraordinary cases as many as appear make a valid Act ibid Their power Folio p 34 Courts General Courts To appoint Brand-marks to Towns see Cattle Folio p 18 s 3 To be called by the Govern in case see Council Folio p 33 Superiour Courts The chief power Folio p 34 s 1 To raise Money Taxes and dispose of Lands ibid To make Laws c. ibid No act to pass without consent of both houses Folio p 35 s 2 The Acts of this Court to be engrossed and read the last day of every Session ibid Difference in cases of Judicature Civil or Criminal how issued ibid It only can pardon a Malefactor Folio p 35 s 4 May send forth any person into forreign parts ibid Not to be dissolved without consent of the major part thereof ibid. S 5 To Judge of the miscarriage of any before them Folio P 36 S 6 to appoint persons to keep County Court in case Folio p. 36. s 7 To allow of Freemen to be made see Freemen Folio P 56 S 4 To conclude a vindictive War see