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A52196 Acts and laws passed by the great and general court or assembly of Their Majesties province of the Massachussets-bay, in New England begun at Boston, the eighth day of June 1692, and continued by adjournment, unto Wednesday the twelfth day of October following : being the second sessions. Massachusetts. General Court. 1692 (1692) Wing M950; ESTC R8928 80,538 97

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aforesaid Sums We Command you to take the Body of the said D. E. and him Commit unto the Keeper of our Goal in B. within the said Prison whom we likewise Command to receive the said D. E. and him safely to keep until he pay unto the said A. B. the full Sum above-mentioned and be by him Released and also satisfie your Fees and this Writ with your doings therein you are to Return unto our said _____ Court _____ to be Holden at B. upon the last Tuesday in _____ Moneth next Witness J. R. Esq in B. the _____ day of _____ 169 In the _____ Year of our Reign J. VV. Scire Facias VVILLIAM and MARY c. To our Sheriff or Marshal of our County of S. c. Greeting Whereas C. D. before our Justices of our _____ Court of _____ Holden for or within our said County of S _____ at B _____ the last Tuesday of _____ in the _____ Year of our Reign By Consideration of our said Justices Recovered against A. B. of B Yeoman _____ Pounds Debt or Damage and also _____ Shillings for Costs and Charges by him about his Suit in that behalf Expended whereof the said C.D. is Convict as to us appears of Record and although the Judgement be thereof Rendred yet the Execution of the said Debt and Costs doth yet remain to be made whereof the said C. D. hath Supplicated us to provide Remedy for him in that behalf Now to the end That Justice be done We command you that by honest and lawfull men of your Precinct you make known to the said C D that he be before our Justices of our _____ Court of _____ to be Holden in or for our said County of S. at B. on the last Tuesday of _____ next to shew cause if any he have wherefore the said C. D. ought not to be have his Execution against him of the Debt and Cost aforesaid And further to do and receive that which our said Court shall then Consider and have there then the Names of them by whom to him you make known the same and this Writ Witness J. R. Esq at B. the _____ day of _____ In the _____ Year of our Reign J. W. Summons to give Evidences Suffolk ss TO A. B. of C. In Their Majesties Names you are Required to make your Appearance before Their Majesties Justices on the next _____ Court of _____ to be Holden for or within the County aforesaid at B upon the _____ Tuesday of _____ Instant to give Evidence of what you know Relating to a Plea or Action of _____ then and there to be Heard and Tryed betwixt R. S. Plaintiff and S. T. Defendant Hereof fail not as you will Answer your Default under the Pains and Penalty of the Law in that behalf made and provided Dated in B _____ the _____ day of _____ In the _____ Year of Their Majesties Reign Replevin Suffolk ss TO the Sheriff or Marshal of the said County or Constables of the Town of M. or to any or either of them In Their Majesties Names You are Required to Replevin one _____ of T. P. now Distreined or Impounded by J. G. and deliver the said _____ unto the said T. P. Provided he give Bond to the value of _____ with sufficient Suretie or Sureties to Prosecute his Replevin at the next Inferiour Court of Pleas to be Holden for the said County at B on the last Tuesday of _____ and so from Court to Court until the Cause be Ended and to pay such Costs and Damages as the said J. G. shall by Law Recover against him Hereof fall not and make true Return of this Writ with your Doings therein as the Law Directs Dated in B. the _____ day of _____ In the _____ Year of Their Majesties Reign Writ of Error WILLIAM and MARY c. To A. B. _____ Greeting Whereas in the Record and Process and also in giving Judgement and Issuing Execution of a Suit which was before our Justices of our Inferiour Court of Pleas Holden at B within the County of S on the _____ Tuesday of _____ last past between C. D. Plaintiff and F. G. Defendant of a Plea _____ Error Manifest doth appear to have Intervened to the grievous Damage of the said F. G. as of his Complaint We have received We willing that Error if any there be in this behalf in due manner be Corrected and speedy Justice according to the Law to the Party aforesaid therein be done as it becometh us Command you that if Judgement be thereon given and Execution Issued that the Record and Process of the Suit aforesaid and also the Execution thereon Issued and all things touching the same in any manner you have before our Justices of our Superiour Court of Judicature at _____ in our said Province the _____ next under your Seal so that our said Justices of our said Superiour Court may then and there have them and the Process and Record aforesaid and also the said Execution being inspected may further therein do what of right ought to be done Have with you then this Writ Witness _____ At _____ this _____ day of _____ In the _____ Year of our Reign Supersedeas WILLIAM and MARY c. To the Sheriff of our County of _____ Greeting Whereas C. D lately in our _____ Court of _____ hath Recovered against F. G as well _____ Pounds Debt as his Damages which by occasion of the Detaining of the said Debt to him in our said Court were adjudged wherof he is Convict as by the Record and Process of the Suit aforesaid before our _____ Justices of the said _____ Court fully appears as from the grievous Complaint of the said F. G We have received and that in the Record and Process and in Rendring of Judgement of the Suit aforesaid Error manifest hath Intervened to the grievous damage of the said F. G and we willing that Error therein if any be in due manner be Corrected and to the said F. G full and speedy Justice in this behalf to be done have Commanded the aforesaid _____ by our Writ that if Judgement therein be given he distinctly and aptly send the Record and Process of the Suit aforesaid with all things touching the same unto _____ under his Seal and that Writ so that _____ may have _____ the _____ day of _____ next Ensuing where _____ that the Record and Process being inspected we may cause further therein to be done as of right and according to Law ought to be done Nevertheless the Record and Process aforesaid with all things touching the same before the aforesaid _____ day of _____ into our said _____ Court of _____ cannot conveniently be sent and so Error therein if any be in the mean time cannot be discussed and therefore we Command you that if before the Receiving of that Writ you have not made Execution of this Judgement aforesaid then as well from further taking Arresting Imprisoning Exacting Out lawing or in any thing molesting the
shall be appointed and Impowred to grant the same Writ for Calling an Assembly WILLIAM and MARY by the Grace of God of England Scotland France and Ireland King and Queen Defenders of the Faith c. TO Our Sheriff or Marshal of Our County of Greeting WEE Command that upon Receipt hereof You forthwith make out your Precepts directed unto the Select-Men of each Respective Town within your Precinct Requiring them to cause the Free-holders and other Inhabitants of their several Towns duly qualified as in and by our Royal Charter is directed to Assemble at such time and place as they shall Appoint to Elect and Depute one or more persons being Freeholders within our said Province according to the Number Set and Limited by an Act of our General Assembly within the same to Serve for and Represent them respectively in a Great and General Court or Assembly by us appointed to be Convened Held and Kept for our Service at the Town-House in Boston upon _____ the _____ Day of _____ next Ensuing the Date of these Presents And to cause the person or persons so Elected and Deputed by the major part of the Electors present at such Election to be timely Notified and Summoned by the Constable or Constables of such Town to attend our Service in the said Great and General Court or Assembly on the Day above prefixed by nine in the morning and so de Die in Diem during their Session and Sessions and to Return the said Precepts with the Names of the Persons so Elected and Deputed unto Your self Whereof you are to make Return together with this Writ and of your Doings therein under your Hand into our Secretary's Office at Boston one day at the least before the said Courts Sitting Hereof you may not Fail at your Peril Witness Sir W.P. Knight Our Captain General and Governour in Chief in and over our Province of the Massachusetts-Bay in New-England Given at Boston under the Publick Seal of our Province aforesaid the _____ day of _____ 169 In the _____ Year of our Reign By His Excellencies Command _____ Suffolk ss IN Observance of Their Majesties Writ to me directed These are in Their Majesties Names to Will and Require you forthwith to cause the Freeholders and other Inhabitants of your Town that have an Estate of Freehold in Land within this Province or Territory of Forty Shillings Per Annum at the least or other Estate to the value of Forty Pounds Sterling to Assemble and meet at such time and place as you shall appoint then and there to Elect and Depute one or more Persons being Freeholders within the Province according to the number set and Limited by an Act of the General Assembly to serve for and Represent them in a Great and General Court or Assembly Appointed to be Convened held and kept for Their Majesties Service at the Town House in Boston upon _____ the _____ _____ day of _____ next _____ Ensuing the Date hereof and to cause the person or persons so Elected and Deputed by the Major part of the Electors present at such Election to be timely Notified and Summoned by one or more of the Constables of the Town to attend Their Majesties Service in the said Great and General Court or Assembly on the Day above prefixed by Nine in the Morning and so De Die in Diem during their Session and Sessions Hereof Fail not and make return of this Precept with the Names of the person or persons so Elected and Deputed with their being Summoned unto my self on or before the _____ _____ day of _____ abovesaid Given under My Hand and Seal at _____ the _____ Day of _____ 169 In the _____ Year of Their Majesties Reign To the Select-Men of the Town of _____ Greeting A. B of the County of _____ Return PUrsuant to the Precept within Written the Freeholders and other Inhabitants of this Town Qualified as is therein directed upon due Warning given Assembled and met together the _____ Day of _____ _____ and then did Elect and Depute A. B. and C. D. to serve for and Represent them in the Session and Sessions of the Great and General Court or Assembly appointed to be begun and hold at Boston on _____ the _____ day of _____ the said persons being Chosen by the major part of the Electors present at said Meeting Dated in _____ the _____ Day of _____ Select-Men _____ _____ _____ _____ _____ The Persons Chosen are Select-Men Notified thereof and Select-Men Summoned to attend accordingly By me A. B. Constable of C. Select-Men Summons for appearance before a Justice Essex ss TO the Sheriff or Marshal of the said County or either of their Deputies or Constables of the Town of S. or to any or either of them In Their Majesties Names You are Required to Summon and give Notice unto T. P. of _____ if he may be found in your Precincts that he appear before me J. H. Esq one of Their Majesties Justices of the Peace for the County aforesaid at my Dwelling House in S on _____ being the _____ day of _____ at _____ of the Clock in the Forenoon then and there to Answer E. L. _____ in a Plea of _____ to the value of _____ as shall then and there appear with all due Damages making true Return as the Law directs You are also hereby further Required to Signifie unto the said T. P. That he may not Fail in the Premises as he will Answer the Contempt at the Peril of the Law in this case made and provided Dated in _____ the _____ day of _____ In the _____ Year of Their Majesties Reign Warrant for contempt Essex ss TO the Sheriff or Marshal of the said County or Constables of the Town of S. or to any or either of them Greeting Whereas T. P. of _____ Cooper was Served with Summons Granted by me J. H. Esq one of the Justices of the said County for his Appearance before me on _____ the _____ day of _____ past to Answer E. L. of _____ Merchant in a plea of _____ to the value of _____ with due Damages the said T. P. making Default in appearance These are in Their Majesties Names to Will and Require you therefore to take the Body of the said T. P. if he may be found in your Procinct and him safely keep so that he may be had before me on _____ being the _____ day of _____ at _____ of the Clock in the Forenoon as well to Answer the said E. L. of his Plea aforesaid as for his Contempt making true Return of this Writ as the Law directs Dated at _____ the _____ day of _____ In the _____ Year of Their Majesties Reign Attachment before a Justice of the Peace Suffolk ss TO the Sheriff or Marshal of the said County or either of their Deputies or Constables of the Town of B. or to any or either of them In Their Majesties Names You are Required to Attach the Goods or Estate of J. N. of
B. to the value of _____ And for want thereof you are to take the Body of the said J. N. if he may be found in your Precincts and him safely keep so that he may be had before J. E. Esq one of the Justices of the said County on _____ being the _____ day of _____ at _____ of the Clock in the Forenoon to Answer L. M. of _____ in a Plea of _____ to the value of _____ as shall then and there appear with all due Damages making true Return of this Writ as the Law directs Dated at B _____ the _____ day of _____ In the _____ Year of Their Majesties Reign Execution Granted by a Justice of Peace Suffolk ss WILLIAM and MARY c. To the Sheriff or Marshal of our said County his Deputy or Deputies or Constables of the Town of _____ or to any or either of them We Command you that without any delay you Levy of the Money or Estate of J. N. of B. _____ if it may be found in your Precincts the Sum of _____ with _____ Shillings more for this Writ and deliver the same unto L. M. of _____ to Satisfie a Judgement obtained against the aforesaid J. M. for _____ with his Costs and Damages occasioned and accruing by a Suit Commenced against him before J. E. Esq one of our Justices Assigned to keep our Peace in our said County the _____ day of _____ and in want of the said Money or other Estate to the said L. M. his Satisfaction We Command you to take the Person of the said J. N. and him Commit to the Custody of the Keeper of our Prison in B. _____ where he is to continue until the said Debt is satisfied or that he be Discharged by the Creditor or otherwise by Order of Law Hereof fail not at your peril making true Return of this our Writ as the Law directs Witness our said Justice at _____ this _____ day of _____ In the _____ Year of our Reign Attachment to the Superiour or Inferiour Court Suffolk ss WILLIAM and MARY c. To the Sheriff or Marshal of our said County or either of their Deputies Greeting We Command you to Attach the Goods or Estate of D. T. of _____ to the value of _____ and for want thereof to take the Body of the said D. T. if he may be found in your Precinct and _____ safely keep so that you have _____ before our Justices at our next _____ Court of _____ to be Holden at _____ within or for our said County on the _____ day of _____ next then and there to Answer to C. L. _____ in an Action of _____ as shall then and there appear with Damages and have you there this Writ Witness VV. S. Esq At B _____ this _____ day of _____ In the _____ Year of our Reign J. W. ●ummons Appearance upon Goods Attached WILLIAM and MARY c. To A. B. of C. 〈…〉 Greeting We Command you That you appear at our _____ Court of _____ to be Held at B. for or within the County of S. on the _____ Tuesday in _____ next to Answer unto C. D. of _____ in an Action of _____ to the value of _____ which the said C. D. hath Commenced to be then and there Heard and Determined to Respond which Action your Goods or Estate are Attached to the value of Hereof fail not at your Peril Witness W. S. Esq At B. the _____ day of _____ In the _____ Year of our Reign J. VV Writ of Facias Habere Possessionem and Writ of Fieri Facias for Damages and Costs WILLIAM and MARY c. To our Sheriff or Marshal of our County of E. or either of their Deputies Greeting Whereas A. B. of C. Yeoman before our Justices of our _____ Court of _____ Held for or within our said County of E. at S upon the _____ Tuesday in N past by the Consideration of our said Court Recovered his Term yet to come of and in _____ Messuage or Tenement with the Appurtenances or _____ Acres of Land Pasture or Meadow lying in the _____ of D. within your Precincts against E. F. of G. Carpenter who had unjustly put out and Amoved the said A. B. from his Possession thereof and also there Recovered _____ Pounds _____ and _____ Pence for Costs and Damages which he has Sustained by reason of the said Offence and Ejectment and Expended for the Removal thereof as to us has been made to appear of Record We Command you therefore that without delay you cause the said A B of and in the aforesaid Tenement with the Appurtenances or Land to have Possession of his Term yet to come We also Command you that of the Goods Chattels or Lands of the said E. F. within your Precinct at the value thereof in Money you cause the said A. B. to be paid and satisfied the aforesaid Sum of _____ Pounds _____ Shillings _____ Pence which to the said A. B. in the said Court was adjudged for his Costs Damages with _____ Shillings more for this Writ and thereof also to satisfie your Self for your own Fees And for want of such Goods Chattels or Land of the said E. F ' s to be by him shewn unto you or found within your Precinct to satisfie the aforesaid Sums We then Command you to take the Body of the said E. F. and him Commit unto the Keeper of your Goal in S. within our said Prison whom we likewise Command to receive him the said E. F. and him safely to keep until he pay unto the said A. B. the full Sum above-mentioned and be by him Released and also satisfie your Fees And this Writ with your doings therein you are to Return unto our said _____ Court of _____ to be Holden at S. upon the _____ Tuesday in ● next Witness W. S. Esq in S. the _____ day of _____ In the _____ Year of our Reign T. H. Execution WILLIAM and MARY c. To our Sheriff or Marshal of our County of S. or either of their Deputies Greeting Whereas A. B. of C. Yeoman Recovered Judgment against D. E. of F. Carpenter before our Justices of our _____ Court _____ Holden for or within our said County of S. on the last Tuesday in _____ Moneth past for the Sum of _____ Pounds _____ Shillings and _____ Pence in Money Debt or Damage and _____ Pounds _____ Shillings and _____ Pence for Costs of Suit as to us appears of Record whereof Execution remains to be done We Command you therefore That of the Goods Chattels or Lands of the said D. E. within your Precinct you cause to be paid and satisfied at the value thereof in Money the aforesaid Sum of _____ Pounds _____ Shillings and _____ Pence with _____ Shillings more for this Writ and thereof also to satisfie your self for your own Fees and for want of such Goods Chattels or Lands of the said D. E's to be by him shewn unto you or found within your Precinct to satisfie the
one to whom any Share shall be allotted shall give Bond with Sureties before the said Judge of Probate if Debts afterwards be made to appear to Refund and Pay back to the Administrator His or Her Ratable part thereof and of the Administrators Charges The Widows Thirds or Dower in the Real Estate at the Expiration of her Term to be alike Divided as aforesaid Right of Appeal Saved Saving to any Person agrieved at any Order Sentence or Decree made for the Settlement and Distribution of any Intestate Estate their Right of Appeal unto the Governour and Council Every Person so appealing giving security to Prosecute the Appeal with Effect Be it further Enacted by the Authority aforesaid That if any Executor or Executors of the Will of any Person deceased Executors to cause Probate of Wills to be made in thirty days next after the Testators Death Knowing of their being so named and Appointed shall not within the Space of Thirty days next after the Decase of the Testator cause such Will to be proved and Recorded in the Registers Office of the same County where the Deceased Person last dwelt or present the said Will and declare his or their refusal of the Executorship Every Executor so neglecting of his or her Trust and Duty in that behalf without just Excuse made and accepted for such delay shall forfeit the Sum of Five Pounds Per Month from and after the Expiration of the said Thirty Days until he or they shall cause Probate of such Will to be made Penalty for Neglect or present the same as aforesaid Every such Forfeiture to be had and recovered by Action or Information in the Inferiour Court of Pleas in the same County And to be disposed of one Moity thereof to the use of the Poor of the Town where the Deceased Person last dwelt and the other Moity to him or them that shall Inform and Sue for the same And upon any such refusall of the Executor or Executors the Judge shall commit Administration of the Estate of the Deceased Cum Testamento annexo unto the Widow or next of Kin to the Deceased Upon Refusal Administration to be committed cum Testamen to annexo Executors by Wrong and upon their refusal to one or more of the Principal Creditors as he shall think fitt And if any person or persons shall Alienate or Imbezel any of the Goods or Chattels of any person Deceased before he or they have taken out Letters of Administration and Exhibited a true Inventory of all the known Estate of the party Deceased Every person or persons so Acting shall stand Chargeable and be liable to the Actions of the Creditors and other persons grieved as being Executors in their own wrong And the Judge shall cause a Citation to be made out unto the Widow or next of Kin and upon their Neglect of appearance or refusal may Commit Adminastration of any such Estate to some one or more of the Chief Creditors if accepted by them or others as he shall think fit upon their refusal And whereas Bonds for Administration to the County Treasurer to be put in Suit by the Judge according to the former practice of the Courts Bonds for due Administration of the Estates of Intestates were taken in the Name of the County Treasurer and the Obligation made to him his Successors in Said Office or Assigns many of which are still depending It is Further Enacted by the Authority aforesaid That the Judge for Probate of Wills and Granting of Administrations in the Countys respectively be and hereby are fully Impowred and Authorized to call all such Administrators to account and if need be to put the said Bonds or any of them in suit who shall be and hereby are to be held and Esteemed the Assignees of the County Treasurer in that behalf to all Intents Constructions and Purposes in the Law whatsoever An Act For Prevention of Frauds and Perjuries FOR Prevention of many Fraudulent Practices which are commonly endeavoured to be upheld by Perjury and Subornation of Perjury Be it Enacted and Ordained by the Governour Council and Representatives Convened in General Court and by the Authority of the same That from and after the last Day of December in this present Year One Thousand Six Hundred Ninety and Two All Leases Estates Interests of Freehold Parole Leases and Interest of Freehold shall have the force of Estates at will only or Term of Years or any uncertain Interest of in or out of any Messuages Lands Tenements or Hereditaments made or created by Livery and Seisin only or by Parole and not put in writing and Signed by the Parties so making or creating of the same or their Agents thereunto Lawfully Authorized by writing shall have the Force Effect of Leases or Estates at will only shall not either in Law or Equity be deemed or taken to have any other or greater Force or Effect any consideration for making any such Parole Leases or Estates or any former Law or Usage to the contrary notwithstanding Except nevertheless Except Leases not Exceeding three years c. all Leases not exceeding the Term of Three Years from the making thereof whereupon the Rent Reserved to the Landlord during such Term shall amount unto two third parts at the least of the full improved value of the thing Demised And moreover That no Leases Estates or Interests either of Freehold No Leases or states of Freehold to be granted or surrendred by word or Term of Years or any uncertain Interest of in to or out of any Messuages Lands Tenements or Hereditaments shall at any time after the said last day of December be Assigned Granted or Surrendred unless it be by Deed or Note in Writing Signed by the Party so Assigning Granting or Surrendring the same or their Agents thereunto lawfully Authorized by Writing or by Act and Operation of Law And be it further Enacted by the Authority aforesaid That from and after the said last day of December Promises and Agreements by Parole no Action shall be brought whereby to Charge any Executor or Administrator upon any special Promise to answer Damages out of his own Estate 2 or whereby to Charge the Defendant upon any special Promise to answer for the Debt Default or Miscarriages of another person 3 or to charge any person upon any Agreement made upon consideration of Marriage 4 or upon any Con●●●… or Sale of Lands Tenements or Hereditaments or any Interest in or concerning them 5 or upon any Agreement that is not to be performed within the space of one year from the making thereof 6 unless the Agreement upon which such Action shall be brought or some Memorandum or Note thereof shall be in Writing and Signed by the Party to be Charged therewith or some other person thereunto by him lawfully Authorized And be it further Enacted by the Authority aforesaid That from and after the said last day of December Devises
Hereditaments shall or may be Molested Troubled Defeated Recovered or Charged or shall as is aforesaid Forge Make or Cause or Assent to be Made or Forged any Obligation or Bill Obligatory Letter of Attourney or any Acquittance Release or other Discharge of any Debt Accompt Action Suit Demand or other thing personal Or if any person or persons shall Pronounce Publish or Shew forth in Evidence any such False and Forged Deed Conveyance Writing Obligation Bill Obligatory Letter of Attorney Acquittance Release or Discharge as true Knowing the same to be False and Forged as is aforesaid to the Intent above Remembred and shall be thereof Convicted either upon Action or Actions of Forger of False Deeds to be Founded upon this Act at the Suit of the Party grieved or otherwise according to the Order and due Course of Law or upon Bill or Information That then every such Offender shall pay unto the Party grieved his double Costs and Damages to be found and Assessed in such Court where the said Conviction shall be and also shall be Set upon the Pillory in some Market Town or other open Place and there to have one of his Ears cut off and also shall have and suffer Imprisonment by the space of one whole Year without Bail or Mainprize And the Party or Parties grieved by reason of any of the Offences aforesaid may take his or their Suit against any such Offender or Offenders in any Court of Record where no Essoign Injunction or Protection shall be allowed the Party Defendant Provided always and it is Enacted by the Authority aforesaid That this Act or any thing therein contained shall not extend to charge any Judge of Probate or Register with any the Offences aforesaid for putting their Seal of Office to any Will to be Exhibited unto them not knowing the same to be False or Forged for Writing of the said Will or Probate of the same Nor to any other Person or Persons that shall shew forth or give in Evidence any False or Forged Writing for true or good being not party or privy to the Forging of the same nor knowing the same to be False or Forged any thing in this Act to the contrary notwithstanding And it is further Enacted and Ordained by the authority aforesaid If Any Person or Persons either by the Subornation unlawful procurement reward Sinister perswasion or means of any other or by their own Act Wilful Perjury Consent or Agrement shall Wilfully and corruptly commit any manner of Wilful Perjury by his or their Deposition in any Court of Record or being Examined Ad Perpetuam rei memoriam That then every Person and Persons so Offending and being thereof duely Convict or Attainted By Law shall for his or their Offence Loose and Forfeit Twenty Pounds the one Moity thereof unto their Majesties and the other Moity to such Person or Persons as shall be Grieved hindred or Molested by reason of any such Offence that shall Sue for the same by Action of Debt Bill Plaint Information or otherwise in any Court of Record in the which no Wager of Law Essoign Protection or Injunction to be allowed And also to have Imprisonment by the Space of Six Months without Bail or Mainprise And the Oath of such Person or Persons so Offending not to be received in any Court of Record until such time as the Judgment given against the said Person or Persons shall be reversed by attaint or otherwise and upon every such reversal the Parties agrieved to recover his or their Damages against all and every such Person Persons as did procure the said Judgment so reversed to be given against them or any of them by Action or Actions upon his or their Case or Cases according to the Course of the Common Law AND if it happen the Said Offender or Offenders so Offending not to have any Goods or Chattels to the Value of Twenty Pounds that then He or they be Set on the Pillory by the space of one whole hour in some Market Town where the Offence was Committed or next adjoyning to the place where the Offence was Committed and to have both his Ears Nailed and from thence forth to be discredited and disabled for ever to be sworn in any Court of Record until such Time as the Judgment shall be reversed AND all and every person and persons who shall unlawfully and corruptly procure any Witness or Witnesses by Letters Rewards Promises or by any other Sinister and unlawful Labour or Means whatsoever to Commit any wilful and corrupt Perjury in any Matter or Cause whatsoever Depending or that shall Depend in Suit and Variance by any Writ Action Bill Complaint or Information in any Court of Record or to Testifie in perpetuam rei memoriam Every such Offender being thereof duely Convict or Attainted by Law shall for his or their Offence be proceeded against and suffer the like Pains Penalties Forfeitures and Disability in all respects as above-mentioned And it is further Enacted by the authority aforesaid That all the aforesaid Forfeitures and Sums of Money arising for any Offence Mentioned in this Act and every Branch thereof and not otherwise disposed of shall be unto Their Majesties for and towards the Support of the Government of this Province and the Incident Charges thereof An Act For the Punishing of Capital Offenders BE it Ordained and Enacted by the Governour Council and Representatives in General Court assembled And by the authority of the same That all and every of the Crimes and Offences in this present Act hereafter mentioned be and hereby are declared to be Felony And every Person and Persons Committing any of the said Crimes or Offences being thereof-Legally Convicted shall be Adjudged to Suffer the Pains of Death Idolatry IF any Man shall have or Worship any other god but the TRUE GOD. he shall be put to death If any Man or Woman be a WITCH Witcheraft that is hath or consulteth with a Familiar Spirit they shall be put to death If any person shall presume to Blaspheme the Holy Name of GOD Blasphemy FATHER SON or HOLY GHOST either by wilful or obstinate denying the True God or His Creation or government of the World or shall Curse God in like manner or Reproach the Holy Religion of God as if it were but a Politick Device to keep Ignorant people in Awe or shall utter any other kind of Blasphemy of the like nature or degree he shall be put to death If any person or persons shall compass or imagine the Death of Our Soveraign Lord the King or of Our Lady the Queen High Treason or shall Levy War against Our said Lord and Lady the King and Queen or adhere unto Their Enemies giving to them aid and comfort and thereof be attainted or convicted of open Deed by their Peers upon the Testimony and Deposition of Two lawful and credible Witnesses on Oath brought before the Offender Face to Face at the time of his
Arraignment or Voluntary confession of the Party Arraigned Then every such person and persons so as aforesaid Offending shall be deemed declared and adjudged to be Traitors and shall suffer the Pains of death and also Lose and Forfeit as in cases of High-Treason If any person shall commit Wilful-Murder upon premeditated Malice Hatred Cruelty Murder or sudden Heat of Anger Every such person shall be put to death If any person shall Slay another through Guile either by Poysoning Poysoning or other Devillish Practice every such person their Aiders Abettors Procurors and Councellors shall suffer death as in case of Wilful-Murder If any Woman be delivered of any Issue of her body Male or Female Concealment of the Death of a Bastard Child punisht as in case of Murder which if it were born alive should by Law be a Bastard And that she endeavour privately either by Drowning or secret Burying thereof or any other way either by her self or the procuring of others so to conceal the death thereof that it may not come to light whether it were Born alive or not but be concealed In every such case the Mother so Offending shall suffer death as in case of Murder Except such Mother can make proof by one Witness at the least that the Child whose death was by her so intended to be concealed was born dead If any Man lieth with MANKIND Sodomy as he lieth with a Woman they both shall be put to death If any Man or Woman have carnal Copulation with any BEAST Bestiality or Bruit-Creature they shall be put to death and the Beast shall be slain and burned If any Persons commit Incest in any of the particular instances Incest Levit. 20.11 12. c. made capital by the Law of God they shall be put to Death If a Man shall Ravish any Woman committing carnal copulation with her by force Rape against her will he shall be put to death If any Man shall unlawfully and carnally know and abuse any Woman child under the age of Ten Years every such unlawful and carnal knowledge shall be Felony And the Offender thereof being duly convict shall suffer as a Felon If any Person of the Age of Sixteen Years Burning and upwards shall VVittingly VVillingly and Feloniously Burn or cause to be Burned any Dwelling House Meeting-House Store-house or Ship or shall in like manner set on Fire any Out-house Barn Stable Stack of Hay Corn or Wood Whereby any Dwelling-house Meeting-house Store-house or Ship shall happen to be Burned Every such Offender shall be put to death If any shall Piratically and Feloniously Seiz any Ship or other Vessel Piracy whether in the Harbour or on the High Seas Or shall Rise up in Rebellion against the Master Officer Merchant or Owner of any such Ship or other Vessel and Goods and Dispoil and Dispossess them thereof and Exclude the right Owners or those betrusted on their behalf Every such Offender together with their Complices being Legally Convicted thereof shall be put to death Provided always that any of such Company who through fear or force have been deemed to comply with such wicked Action shall upon their first Arrival in any Port or Harbour speedily repair to some Justice of the Peace and make Discovery of such Piracy they shall not be liable to the aforesaid Penalty of Death An Act For the Suppressing of Unlicensed Houses and the due Regulation of such as are or shall be Licensed BE it Ordained and Enacted by the Governour None to keep a house of common Enterteinment or Sell strong Drink publickly or privately without Licence on penalty of forty shillings Council and Representatives Convened in General Court and by the Authority of the same That no person or persons whatsoever other than such as upon producing Certificate from the Select-men of the Town where they dwell or who shall be otherwise thought fit by the Justices themselves shall be Licensed by the said Justices in Quarter Sessions may presume to be a common Victualler Inn-holder Taverner or Seller of Wine Beer Ale Cyder or strong Liquors by Retail Nor shall any presume without such Licence to Sell Wine or Strong Liquors privately by a less Quantity than a Quarter Cask and that delivered and carried away all at one time On pain of Forfeiting the Sum of Forty Shillings for every such Offence upon due Conviction thereof One half to the Informer and the other to the use of the poor Upon second conviction to give bond for the good behaviour Licences to be renewed yearly bond given One half thereof to the Informer and the other half to the use of the Poor of the Town where such Offence is committed And upon a Second Conviction besides the Forfeiture of Forty Shillings as aforesaid shall Enter into Recognizance with one or more Sureties for the good Behaviour especially not to Transgress the Law in that Respect Be it further Enacted by the Authority aforesaid That all Licences be Renewed yearly and Bond given for the due Observance of the same and of the Laws and that the Person Licensed shall use his Licence in such House as shall be therein named and no other And if the Justices in Quarter Sessions shall think fit to Licence any person or persons not presenting a Certificate as aforesaid from the Select-men Justices may grant License without Certificate of the Select-men upon notice given the Clerk of the Sessions before granting Licence to any such shall signifie the name and desire of every such person unto the Select-men of the Town where such person dwells one month before-hand that so they may have opportunity and liberty to offer their Objections against it if any shall be And forasmuch as the ancient and principal use of Inns Taverns Ale-Houses Victualling-Houses and other Houses for common Entertainment is for the Receipt Relief and Lodging of Travellers and Strangers and the Refreshment of persons upon lawful Business or for the necessary supply of the wants of such poor persons as are not able by greater Quantities to make their provision of Victuals and are not intended for Entertainment and Harbouring of Lewd or Idle People to spend or consume their Money or Time there Therefore to prevent the Mischiefs and great Disorders happening daily by the abuse of such Houses It is further Enacted by the Authority aforesaid That no Taverner Inn-keeper Ale-house-keeper or Victualler Games and Gaming forbidden in Publick-houses on pain of Forty Shillings shall have or keep in or about their Houses Out-houses Yards Backsides Gardens or Places to them belonging any Dice Cards Tables Bowls Shuffleboard Billiards Coyts Cales Logats or any other Implements used in Gaming nor shall suffer any person or persons Reforting unto any of their Houses to Use or Exercise any of the said Games or any other unlawful Game or Sport within their said Houses or any of the Dependences as aforesaid or Places to them belonging On
here under Written Be and are hereby Established To be Given and Administred unto the Respective Officers for whom they are appointed As followeth YOU A. B. being Chosen Counsellors Oath and Admitted of Their Majesties Council within this Their Province do Swear by the Everliving God That you will to the best of your Judgment at all times freely give your Advice to the Governour for the Good Management of the Publick Affairs of this Government and that you will not directly nor indirectly Reveal such Matters as shall be Debated in Council and Committed to your Secrecy But will in all things be a True and Faithful Counsellor when you are thereunto Required So Help you God YOU A. B. Swear Justice of Peace Oath That as Justice of the Peace in the County of S. according to the Commission given you You shall Dispense Justice Equally and Impartially in all Cases And do Equal Right to the Poor and to the Rich after your Cunning Wit and Power and according to Law And you shall not be of Council in any Quarrel that shall come before you You shall not Let for Gift or other Cause But well and truly you shall do your Office of Justice of the Peace in that behalf Taking only appointed Fees And you shall not direct or cause to be directed any Warrant by you to be made to the Parties but you shall ●irect your Warrant to the Sheriff his Under Sheriff or Deputy Tything-men or other Officers proper for the Execution of the same in the County And this you shall do without Favour or Respect to Persons So help you God YOU Swear That you will well and truly Serve the King and Queens Majesties in the Office of the Sheriff of the County of S. And do the King and Queens profit in all things that belongeth to you to do by way of your Office as far forth as you can or may Sheriff or Marshals Oath Mutatis Mutandis you shall truly keep the King and Queens Rights and all that belongs to the Crown you shall not Respite the King and Queens Debts for any Gift or Favour where you may Raise them without great grievance of the Debtors you shall truly and uprightly Treat the people of your Sheriffwick and do Right as well to Poor as to Rich in all that belongeth to your Office You shall do no wrong to any man for any Gift or other Behest or Promise of Goods for Favour nor Hate You shall disturb no mans Right you shall truly Acquit at the Treasury all those of whom you shall any thing receive of Their Majesties Debts you shall nothing take whereby Their Majesties may lose or whereby the Right may be Letted or disturbed or Their Majesties Delayed you shall truly return and truly Serve all Their Majesties Writs as far forth as shall be to your Cunning you shall take no Bayliff into your Service but such as you will Answer for and of true and sufficient men in the County shall cause each of your Bayliffs to make such Oath as you make your self in that belongeth to their Occupation And over this in Eschewing and Restraint of the Man-slaughters Robberies and other manifold Grievous Offences that be done daily All these things you shall truly observe and keep as God help you YOU as Foreman of this Inquest for the Body of this County of S. You shall diligently Enquire Grand Jurors Oath and a true Ptesentment make of all such Matters and Things as shall be given you in Charge The King and Queens Majesties Counsel your Fellows and your own you shall keep secret You shall Present no man for Envy Hatred or Malice neither shall you leave any man Unpresented for Love Fear Favour or Affection or hope of Reward but you shall present things truly as they come to your knowledge according to the best of your Understanding So help you God THE same Oath which you Foreman hath taken on his part you and every of you on your behalf shall well and truly observe and keep So help you God YOU shall well and truly try and true deliverance make between Our Soveraign Lord and Lady Petit Jurors Oath the King and Queen and the Prisoners at the Bar whom you shall have in Charge according to your Evidence So help you God YOU Swear Jurors Oath in civil Cases That in all Causes betwixt Party and Party that shall be Committed unto you You will give a true Verdict therein according to Law and the Evidence given you So help you God YOU Swear Town Clerks Oath That in the Office of Town Clerk within the Town of B. whereto you are Chosen You will diligently and faithfully Attend Discharge the Duty of your Place duly Observe the Directions of the Law in all things whereto your Office hath relation and thereby Committed to your Care and Trust So help you God YOU Swear Oath of Leather Sealer Clerk of the Market Culler of Eish Packer Gager Mutatis Mutandis That you will from time to time diligently and faithfully Discharge and Execute the Office of within the Limits whereto you are Appointed for the Ensuing Year and until another be Chosen in your place and that in and by all the particulars mentioned in the Laws whereto your Office hath Relation and that you will do therein Impartially according to Law without Fear or Favour So help you God WHEREAS you A. B. are Chosen Constable within the Town of C. for One Year now following Constables Oath and until other be Chosen and Sworn in your Place You do Swear That you will carefully Intend the Preservation of the Peace the Discovery and preventing all Attempts against the same That you will duly Execute all Warrants which shall be sent unto you from Lawful Authority and faithfully Attend all such Directions in the Laws and Orders of Court as are or shall be Committed to your Care That you will faithfully and with what Speed you can Collect and Levy all such Fines Distresses Rates Assessments and Sums of Mony for which you shall have sufficient Warrants according to Law Rendring an Accompt thereof and paying in the same according to the Direction in your Warrant And with like faithfulness Speed and Diligence will Serve all Writs Executions and Distreffes in Private Causes betwixt Party and Party and make Returns thereof duly into the same Court where they are Returnable And in all these things you shall deal seriously and faithfully whilst you shall be in Office without any Sinister Respects of Favour or Displeasure So help you God An Act For the Establishing of Presidents and Forms of Writts and Processes BE it Enacted and Declared by the Governour Council and Representatives in General Court assembled And by the Authority of the same That the several Forms of Writts and Processes here under Written Be and hereby are Established to be the Forms to be observed by the Respective Officers that are or
aforesaid F G on the occasion aforesaid as of taking in Execution any Goods or Chattels Lands or Tenoments whatsoever of the said F G by occasion of the Judgement aforesaid until the Plea upon our Writ of Error to be corrected depending Undiseussed be fully determined you altogether Supersede and have with you then and there this Writ Witness W. S. Esq at B _____ the _____ day of _____ In the _____ Year of our Reign An Act For Regulating Fees BE it Enacted and Ordained by the Governour Council and Repre sentatives Convened in General Court or Assembly And it is hereby Enacted and Ordained by the Authority of the same That the Establishment of the Fees belonging to the several Offices in this Province be as followeth Justices Fees   l s d FOr every Attachment or Summons for Actions not Exceeding Forty Shillings Sixpence 00 00 6 Sub-Paena each Witness Two-Pence 00   2 Entring the Action Three Shillings 00 03   Every Execution Two Shillings 00 02   Filing Papers each Paper Two-pence 00   2 Every Warrant for Criminals one Shilling 00 01   Bond for Appeal one Shilling 00 01   Copy of Evidences the least Six-pence 00 00 6 Copy of a Judgment Six-pence 00 00 6 Every Recognizance Two Shillings 00 02   Confessing Judgment one Shilling 00 01   Affidavit out of Court 00 01   Each Dayes attendance at the Sessions to be paid out of the Fines Four Shillings 00 04   Acknowledging of a Deed or Mortgage or any other Instrument 00 02   Coroners Fees   l s d FOr taking every Inquisition to be paid out of the Estate of the deceased Thirteen Shillings and Four pence 00 13 04 If no Estate then to be paid by the County Treasurer Six Shillings and Eight-Pence 00 06 08 Fees for Probate of Wills granting Administrations c.   l s d FOr granting Administration Bond and Letter of Administration under the Seal of the Office if the Inventory amount to Thirty pounds or upwards to the Judge Four Shillings to the Register Three Shillings Six-pence 00 07 06 If the Inventory be under Thirty Pounds Five Shillings 00 05 00 Probate of a Will where the Inventory amounts to Thirty Pounds or upwards to the Judge Three Shillings and Sixpence to the Register Two Shillings and Sixpence 00 06 00 If under Thirty Pounds Four Shillings 00 04 00 Recording a Will or Inventory of one page Filing the same Two Shillings and Sixpence 00 02 06 If more each page of Twenty eight-lines eight words in a line one Shilling 00 0● 00 For a Copy of a Will or Inventory Twelve pence a page each page to contain as aforesaid 00 01 00 Allowing Accompts Settling and Dividing of Intostate Estates Five Shillings 00 05 00 Every Citation One Shilling 00 01 00 Every Quietus Four Shillings 00 04 00 Warrant for Apprizement Two Shillings 00 02 00 Making out a Commission to receive and Examin the Claims of Creditors to Insolvent Estates and Registring of the same Three Shillings 00 03 00 Registring of the Commissioners Report after the Rate of One Shilling Per Page to be accounted as aforesaid       For Entring an Order upon the Administrator to pay out the Estate in proportion unto the several Creditors Returned by the Commissioners One Shilling and Six-pence 00 01 06 Secretarys Fees   l s d FOr Engrossing the Acts or Laws of the General Assembly Ten Shillings each to be paid out of the Publick Revenue 00 10 00 Every Commission for the Justices of each County and Comission of Oyer and Terminer Ten Shillings to be paid out of the Publick Revenue 00 10 00 Every Commission for a Military Officer Three Shillings to be paid out of the Publick Revenue 00 03 00 Special Warrant or Mittimus by Order of the Governour and Council each Two Shillings Six-pence 00 02 06 Every Commission under the Great Seal for Places of Profit Ten Shillings 00 10 00 Every Bond Two Shillings 00 02 00 Every Order of Council to the benefit of particular persons Two Shillings and Six-pence 00 02 06 Every Petition to the Governour and Council or General Assembly according to the Import from two Shillings and Six-pence to Ten Shillings       A Pats or Sea Brief Three Shillings 00 03 00 A Eill of Health Three Shillings 00 03 00 Every Writ for Electing of Assembly-Men directed to the Sheriff or Marshal under the Province Seal Five Shillings to be paid out of the Publick Revenue 00 05 00 For Transcribing the Acts or Laws passed by the General Assembly into a Book Twelve-pence a Page each page to contain Twenty Eight Lines Eight Words in a Line and so proportionably to be paid out of the Publick Revenue       In the Superiour Court The Justices Fees ENtry of every Action for Tryal Twelve Shillings 00 12 00 out of which to the Clerk Two Shillings 00 02 00 Taking every Special Bayl Two Shillings 00 02 00 Allowing of a Writ of Error Three Shillings 00 03 00 Allowing a Habeas Corpus Two Shillings 00 02 00 Confessing Judgement Two Shillings 00 02 00 Acknowledging Satisfaction of a Judgment on Record one Shilling 00 01 00 In all Criminal Cases where a Fine is set Six Shillings 00 06 00 Taxing every Bill of Cost One Shilling 00 01 00 Clerks Fees Every Writ and the Seal One Shilling and Six-pence 00 01 06 Every Rule of Court Six-pence     06 Filing every Declaration One Shilling 00 01 00 To the Jury to be paid down by the Plaintiff Six Shillings Sixpence 00 06 06 Entring Appearance Six pence     06 Signing a Indgement by Default One Shilling 00 01 00 Taking every Verdict and Recording it One Shilling 00 01 00 Copies of all Records Twelve pence a page each page containing Twenty Eight Lines eight words in a Line 00 01 00 Less then One Page One Shilling       Every Action withdrawn non Suit One Shilling 00 01 00 Every Petition Read One Shilling 00 01 00 Order thereon One Shilling 00 01 00 Filing the Records of each Action Two-pence a Paper 00 03 00 Every Execution Two Shillings 00 02 00 In Criminal Cases Drawing and Ingrossing every Indictment or Information Two Shillings 00 02 00 Every Appearance Six-pence 00 00 06 For the Discharge of any person upon Bail for the peace good behaviour Contempt and the like and Warrant thereon One Shilling 00 01 00 For Awarding and making forth Process against the Defendant on Information One Shilling 00 01 00 Every Warrant for the peace or good behaviour One Shilling 00 01 00 In the Inferiour Court Justices Fees Entry of every Action Ten Shillings 00 10 00 Of which the Clerk is to have Two Shillings 00 02 00 Taking Special Bail Two Shillings of which the Clerk one Quarter 00 01 00 Confessing Judgment One Shilling of which the Clerk one Quarter 00 01 00 Acknowledging Satisfaction of Judgment on Record One Shilling
returned to fall greatly short of what was expected and of answering the necessity of the Publick Oceasions Therefore to the Intent that there may be a Regulation of the said Tax and a further Supply made for their Majesties Service to the ends before mentioned BE it Ordained and Enacted by the Goveruour Council and Representatives in General Court Assembled and by the Authority of the same That there be Two Commissioners appointed by this Court for each County within the Province to pass into the several Towns lying within such County at or before the Twenty Second day of February next coming Who together with the Select-men and Commissioner of each Town respectively that made the Lists of said Assessment shall Review the same which the said Select-men and Town Commissioners shall then Exhibit and Expose in the particulars thereof both of Polls and Estate within such Town with an Addition of all Polls and Estate which were before omitted as well Noting the Names of all persons whom through Age and Infirmity they expect should be exempted from the Poll Tax as others And the said Select-men Town and County Commissioners shall Regulate Correct and Perfect such Lists according to the Pates herein after-mentioned setting down the Sums both for Heads and Estate in distinct Columns That is to say each Male Person of Sixteen Years old and upwards except such as are by Law excepted at Ten Shillings by the Poll and all Houses Warehouses Tan-Yards Orchares Pastures Meadows and Lands Mills Cranes and Wharffs to be Estimated at seven years Income as they are or may be Let for in the respective places where they lye which seven years Income is to be Esteemed and Reputed the value of such Estate upon said Tax and each Hundred Pound in value to be Rated Thirty Shillings thereto Cattle to be valued as follows To wit each Ox and Horse kind of four years old or upwards at Forty Shillings each Cow of three years old or upwards at Thirty Shillings all Sheep and Swine of one year old or upwards at Four Pound per Score All Shipping Goods Wates Merchandizes and Trading Stock and Estate by the Rule of common Estimation at the best discretion of the Assessors Every Handicrafts man for his Income at discretion aforesaid Every Male Slave of Sixteeen Years Old or upwards at Twenty Pounds Estate All which particulars of Estate aforesaid as well Real as Personal shall be Assessed to said Tax Thirty Shillings for each Hundred Pound in value and so proportionably and where any Fermer or Occupier of Housing or Lands lying within any Town or Precinct shall be hereafter Assessed to any Publick Tax of the Province for such Housing or Lands in his Occupation the Landlord shall Reimburse the said Fermer or Occupier such Sum and Sums of Mony as he shall pay for the same where no particular Contract is made to the contrary And further it is Enacted by the authority aforesaid That every person 〈◊〉 ●…all 〈◊〉 or Neglect●… 〈…〉 give in to the Select-Men a particular Account of his Estate shall be Assessed as aforesaid at discretion and every person who shall give in a partial account shall be alike assessed doubly for so much as he leaves out and if any Person find himself agrieved at any sum or sums that shall be let upon him by the Assessors he may make application unto them for relief and if he be not thereby eased may further apply unto the Justices of such County at the next-Quarter Sessions and making it appear to them that he is over rated they shall order an abatement accordingly And it is further Enacted by the Authority aforesaid That the Lists of the Respective Towns being Examined Regulated and Perfected as aforesaid and Signed by the Select men and Town Commissioner shall be delivered unto the Commissioners for such County and by them brought to Boston upon the First Wednesday in March next where the Comissioners for each County or the Major part of them then and there met shall be a Committee to take an account of the sum total of each List and if the whole shall not amount to the sum of Thirty Thousand Pounds including the Sum already returned unto the Treasurer for which his Warrants are gone forth then the said Committee are hereby Impowred to make a further addition upon each Town Proportionably to what shall be wanting to make up Thirty Thousand Pounds in the whole including as aforesaid And if it appear unto the said Committee that any Town or County shall have been generally defective in not attending the Rules and Directions herein before given for the said Tax then they are to Report the same unto the General Assembly at their next sitting to be Rectified and adjusted but shall forthwith deliver the said Lists with the additional Sums made to the same unto the Treasurer who is hereby Ordered and Impowied upon receipt thereof to Issue forth his Warrants affixed to said Lists and directed to the Constables or Collectors for each Town Respectively for the Collecting and Levying of the same which is hereby granted to be paid in Money or otherwise to the Trea surers Satisfaction unto the Treasurer his Deputy or Deputys And for manner and time as follows T●… 〈◊〉 to say Ten Thousand Pounds part of said Sum besides what the Treasurers Warrants are already out for at or before the First day of May next 〈◊〉 and the full remainder of said Sum to make up the Thirty Thousand Pound as aforesaid at or before the last day of February which will be in the Year of Our Lord One Thousand Six Hundred Ninety Three Provided nevertheless where the Treasurer shall Order payment to particular persons within their Respective Towns or Neighbourhood for wages or any other Disbursements due in such cases payment to be made in Merchantable Grain Provisions or Cloathing each at the currant Money Price And it is further Enacted by the authority aforesaid That the Commissioners for the several Counties for the ends within mentioned be as hereafter named That is to say For Suffelk Captain Pen Townsend and Mr. Timothy Tilestone For Essex Captain Samuel Cardner and Mr. Nehemiah Jewet For Middlesex Major Thomas Henchman and Mr. Matthew Johnson For Plimouth Captain Nathaniel Thomas and Mr. Samuel Clap For Barnstable Captain Thomas Tupper and Mr. John Otis For Bristol Captain John Brown and Mr. Samuel Peek For Hampshire Captain Samuel Partrig and Mr. Joseph Hawley For Yorkshire Mr. John Wheelwright and Mr. James Emery For Martha's Vineyard and Nantucket Captain John Gardner and Mr. Joseph Norton And if any Select-men or Assessors or Town Commissioner shall wilfully neglect or refuse to perform their Duty in the due and speedy Execution of this present Act and be thereof Convict upon Information and Prosecution before the Justices in Quarter Seffions within the County whereto such person belongs the said Court may impose upon such person or persons so refusing or neglecting any Fine not