shall faile in his duty herein shall forfeit the sum of twenty shillings to be paid to the common Treasury and all persons so chosen as aforesaid accepting thereof which shall be absent from the house during the time of their sitting without just grounds so judged by the house shall pay twenty shillings a day for every such defect and the several returns of each Constable shall be kept on file by the Clerk of the Deputies untill the Court be ended 1654. Common Attorney no Deputy It is Ordered by this Court and the Authority thereof that no person who is an usual and common Attorney in any Inferiour Court shall be admitted to sit as a Deputy in this Court DISTRESSE IT is Ordered by this Court and the Authority thereof that no mans Corn or Hay that is in the field or upon the Cart nor his Garden stuffe nor any thing subject to present decay shall be taken in Distress Distress upon Corn or Hay c unless he that takes it doth presently bestow it where it may not be imbezled nor suffer spoile or decay or give security to satisfie the worth thereof if it comes to any harm 1641. DOWRIES FOrasmuch as no provision hath been made for any certain maintenance of Wives after the decease of their Husbands Wives to enjoy the third of their Husbands Lands c. It is Ordered by this Court and the Authority thereof that every Married Woman living with her Husband in this Juri diction or other where absent from him with his consent or through his meer default or inevitable providence or in case of Divorce where she is the innocent party that shall not before Marriage be estated by way of joynture in some Houses Lands Tenements or other Hereditaments for tearm of life shall immediately after the death of her Husband have Right and Interest by way of Dowry in and to one third part of all such Houses Lands Tenements and Hereditaments as her Husband was seized of to his own use either in possession Reversion or Remainder in any Estate of Inheritance or Frank-tenement not then determined at any time during the Marriage to have and enjoy for the tearm of her natural life according to the Estate of such Husband free and freely discharged of and from all Titles Debts Rents Charges Judgements Executions and other Incumbrances whatsoever had made or suffered by her Husband during the said Marriage between them or by any other person claiming by from or under him or otherwise then by some Act or Consent of such Wife signified by writing under her hand L. 2. p. 5. and acknowledged before some Magistrate or others Authorized thereunto which shall bar her from any Right or Interest in such Estate And if the Heir of the Husband or other person Interested shall not within one Month after lawful demand made Widdows third part to be set out assigne and set out to such Widdow her just third part with conveniency or to her satisfaction according to the intent of this Law then upon a Writ of Dowry in the Court of that Shire where the said Houses Lands Tenements or other Hereditaments shall lye or in the Court of Assistants if the same lye in several Shires her third part or Dowry shall be assigned her to be set out in several by Mets and Bounds by such persons as the same Court shall appoint for that purpose with all costs and damages sustained Provided alwayes this Law shall not extend to any Houses Lands Tenements or other Hereditaments sold or conveyed away by any Husband Bona fide for valuable consideration before the last of November one thousand six hundred and forty seven Provided also that every such widdow so endowed as aforesaid shall not commit or suffer any strip or waste Not to suffer strip or waste but shall maintain all such Houses Fences and Inclosures as shall be assigned to her for her Dowry and shall leave the same in good and sufficient reparation in all respects 1641. DROVERS IT is Ordered by this Court and the Authority thereof That if any man shall have occasion to lead or drive Cattle from place to place that is far off so that they be weary or hungry or fall sick or lame it shall be lawfull to rest and refresh them for a competent time in any open place that is not Corn Meadow or inclosed for some particular use 1641. ECCESIASTICAL ALL the People of God within this Jurisdiction who are not in a Church-way and be Orthodox in Judgement and not Scandalous in life Liberty to gather Churches Shall have full liberty to gather themselves into a Church Estate provided they do it in a Christian way with the observation of the Rules of Christ revealed in his Word with approbation of Magistrate Elders Provided also that the General Court doth not nor will hereafter approve of any such companies of men as shall joyn in any pretended way of Church-fellowship unless they shall acquaint three or more Magistrates dwelling next and the Elders of the Neighbour Churches where they intend to joyn and have their approbation therein 2. It is further Ordered that no person being a Member of any Church which shall be gathered without the approbation of the Magistrates and the said Churches shall be admitted to the freedome of this Common-wealth 3. Every Church hath free liberty to exercise all the Ordinances of God according to the Rule of the Scripture To chuse Church Officers 4. Every Church hath free liberty of Election and Ordination of all her Officers from time to time provided they be able pious and Orthodox 5. Every Church hath also free liberty of Admission Recommendation Dismission and expulsion Members or Disposal of their Officers and Members upon due Cause with free Exercise of the Discipline and Censures of Christ according to the Rules of the Word No Humane Institutions 6. No Injunction shall be put upon any Church Church officer or Member in point of Doctrine Worship or Discipline whether for Substance or Circumstance besides the Institution of the Lord. 7. Every Church of Christ hath freedome to Celebrate dayes of Fasting and Prayer and of Thanksgiving according to the Word of God Elders meeting 8. The Elders of Churches and other Brethren and Messengers have liberty to meet Monthly Quarterly or otherwise in convenient Numbers and Places for Conference and Consultation about Christian and Church Questions and Occasions provided that nothing be concluded and imposed by way of Authority from one or more Churches upon another but onely by way of Brotherly Conference and Consultation 9. All Churches also have liberty to deal with any of their Members in a Church way that are in the hands of Justice so it be not to retard and hinder the course thereof 10. Every Church hath liberty to deal with any Magistrate Deputy of Court or other Officer whatsoever that is a Member of theirs in a
dishonour of God reproach of the Country Debts made by persons under age not recoverable It is therefore Ordered by this Court That if any person after publication hereof shall any way give credit to any such Youth or other person under one and twenty yeares of age without order from their friends here or else where under their hands in writing they shall loose their debt what ever it be And further if such Youth or person incur any penalty by such meanes and have not wherewith to pay such person or persons as are occasions thereof shall pay it as the delinquents in the like case should do 1647. Parents denying marriage 5. If any person shall willfully and unreasonably deny any Child timely or convenient marriage or shall excercise any unnatural severity toward them such children shall have liberty to complaine to Authority for redress in such cases 1641. 6. No Orphan dureing their minority which was not committed to tuition or service by their Parents in their life time Orphans not be disposed on without a Court shall afterwards be absolutely disposed of by any without the consent of some Court wherein two Assistants at least shall be present except in case of marriage in which the approbation of the major part of the Select men of that Town or any one of the next Assistants shall be sufficient and the minority of women in case of marriage shall be sixteen yeares 1646. Chirurgions Midwives Physitians FORasmuch as the Law of God allowes no man to impaire the Life or Limbs of any Person L. 2. P. 3. but in a judicial way It is therefore Ordered That no person or persons whatsoever imployed at any time about the bodyes of men women or children for preservation of life or health as Chirurgions Midwives Physitians or others presume to excercise or put forth any act contrary to the known approved Rules of Art No force or violence to be used in any case with out consent c. in each Mystery and occupation nor excercise any force violence or cruelty upon or towards the body of any whether young or old no not in the most difficult and desperate cases without the advice and consent of such as are skillfull in the same Art if such may be had or at least of some of the wisest and gravest then present and consent of the patient or patients if they be mentis compotes much less contrary to such advice and consent upon such severe punishment as the nature of the fact may deserve which Law nevertheless is not intended to discourage any from all lawfull use of their skill but rather to incourage and direct them in the right use thereof and inhibit and restreine the presumptuous arrogancy of such as through prefidence of their own skill or any other sinister respects dare boldly attempt to excercise any violence upon or towards the bodyes of young or old one or other to the prejudice or hazard of the life or limbe of man woman or child 1649 Clerke of the Writts IT is Ordered by this Court and Authority thereof That notwithstanding every Magistrate hath power to graunt Warrants L. 2. P. 13. Summons and Attachments in every Town within this Jurisdiction there shall henceforth be a Clerke of the Writts nominated by each Town and allowed by each Shire Court to grant Summons and Attachments in all Civil Actions at the liberty of the Plaintiffe and Summons for Witnesses Clerks sees and the said Clerks are allowed to grant Replevins and to take Bond with sufficient security of the party to prosecute the Suite whose Fees shall be for every Warrant two pence a Replevin or Attachment three pence Warrants directed to the Constable and for a Bond four pence And all Attachments are to be directed to the Constables in such Townes where there is no Marshal dwelling 1641 It is Ordered Clerk of the Writts to Respond the Marshalls fees of 3 d Attachment That henceforth the Clerke of the Writts shall demaund of such as receive Attachments of them three pence a peece more then formerly in behalfe of the Marshal General which shall be in liew of that three pence on Attachments by a former Law he was to receive of the Constable or County Marshal and that the Constables shall have but twelve pence upon an Attachment as formerly 1660 COLLEDGE VVHereas through the good hand of God upon us there is a Colledge founded in Cambridge in the County of Middlesex called Harvard Colledge for the incouragement whereof this Court hath given the Summ of four hundred pounds and also the Revenue of the Ferry bewixt Charles-town and Boston and that the well Ordering and mannaging of the said Colledge is of great concernment It is therefore Ordered by this Court and the Authority thereof That the Governour and Deputy Governour for the time being and all the Magistrates of this Jurisdiction Commissioners and Feâ—s fees of the Colledge together with the teaching Elders of the six next adjoyning Townes viz Cambridge Watertowne Charles-towne Boston Roxbury and Dorchester and the President of the said Colledge for the time being To make Orders shall from time to time have full Power and Authority to make and establish all such Orders Statutes and Constitutions as they shall see necessary for the Instituting Guiding and furthering of the said Colledge and several members thereof from time to time in Piety Morallity and Learning and also to dispose Dispose of Gifts and Revenues order and mannage to the use and behoofe of the said Colledge and members thereof all Gifts Legacies Bequeaths Revenues Lands and Donations as either have been are or shall be Conferred Bestowed or any wayes shall fall or come to the said Colledge And whereas it may come to pass that many of the said Magistrates and said Elders may be absent or otherwise imployed about other weighty Affaires when the said Colledge may need their present Help and Counsell It is therefore Ordered that the greater number of Magistrates and Elders which shall be present with the President shall have the Power of the whole Provided that if any Constitution Order or Orders by them made shall be found hurtfull unto the said Colledge or the members thereof or to the Weal-publick then upon Appeal of the Party or Parties grieved unto the company of Overseers first mentioned they shall Repeal the said Order or Orders if they shall see cause at their next meeting or stand accountable thereof to the next General Court 1636. 40. 42. 2. Whereas we cannot but acknowledge the great goodnes of God towards his-People in this Wilderness A. 54. P. 2. in raysing up Schooles of Learning and especially the Colledge from whence there hath sprung many Instruments both in Church and Common-wealth both to this and other places And whereas at present the work of the Colledge hath been several wayes obstructâ—d and seems yet also at present for want of comfortable
Country Rate Any Custome or Usage to the contrary notwithstanding 1662. TRYALS No cause to be first brought to the Gen. Court IT is Ordered That all causes between Party and party shall first be tryed in some Inferiour Court and that if the party against whom the Judgement shall pass shall have any new Evidence or other new matter to plead he may desire a new Tryal in the same Court upon a Bill of Review And if Justice shall not be done him upon that Tryal he may then come to this Court for Relief 1642. 2. It is Ordered and by this Court Declared That in all Actions of Law it shall be the liberty of the Plaintiffe and Defendant by mutual consent to choose whether they will be tryed by the Bench Liberty for Trials by Bench or Jury or by the Bench and Jury unless it be where the Law upon just reason hath otherwise determined the like liberty shall be granted to all persons in any Criminal case 3. Also it shall be in the liberty of both Plaintiffe and Defendant and likewise of every Delinquent to be judged by a Jury Liberty to challenge to challenge any of the Jurors and if the challenge be found just and reasonable by the Bench or the rest of the Jury as the challenger shall choose it shall be allowed him and tales de circumstantibus Impannelled in their room 4. Also Children Ideots Distracted persons and all that are Stangers or new comers to our Plantation shall have such allowances and dispensations in any case whether Criminal or others as Religion and Reason require 1641. VAGABONDS THis Court being sensible of the increase of Prophaness and Irreligiousness by reason of the Vagrant and Vagabond life of sundry persons as well Inhabitants as Forraigners that wander from their Families Relations and Dwelling places from Town to Town thereby drawing away Children Servants and other persons both younger and elder from their lawful Callings and Imployments and hardning the hearts of one another against all Subjection to the Rules of Gods Holy Word and the Established Laws of this Colony All which to prevent This Court doth hereby Order and Enact That all such persons where ever they may be found in any place of this Jurisdiction Vagabonds and wandring persons be Apprehended by the Constable of the said place with or without further Warrant and and brought before the next Magistrate who if upon Examination shall finde them to be such as do not give a good and satisfactory account of such their Wandring up and down they shall proceed with and against them as Rogues and Vagabonds and cause them to be corporally punished and sent from Constable to Constable until they come to the place of their abode Or in case they will not confess where their abode is within this Colony nor yet voluntarily depart out of the same then to be sent to the House of Correction there to remain until the next Court of that County 1662. VOTES IT is Ordered and by this Court Declared That all and every Freeman and others Authorized by Law called to give any Advice Vote Verdict or Sentence in any Court Council or Civil Assembly Liberty of Voting shall have freedome to do it according to their true Judgement and Conscience so it be done orderly and in-offensively for the manner and that in all cases wherein any Freeman or other is to give his Vote be it in point of Election making Constitutions and Orders or to be silent or passing Sentence in any case of Judicature or the like if he cannot see Light or Reason to give it positively one way or other he shall have liberty to be silent and not pressed to a determinate Vote which yet shall be Interpreted and Accounted as if he Voted for the Negative Neuters accounted on the â—egative And further that whensoever any thing is to be put to a Vote and Sentence to be Pronounced or any other matter to be Proposed or Read in any Court or Assembly if the President or Moderator shall refuse to perform it the major part of the Members of that Court or Assembly shall have power to appoint any other meet person to do it and if there be just cause to punish him that should and would not 1651. VSVRY IT is Ordered Decreed and by this Court Declared That no man shall be adjudged for the meer forbearance of any Debt above eight pound in the hundred for one year and not above the Rate proportionably for all sums whatsoever Bills of Exchange excepted neither shall this be a colour or countenance to allow any Usury amongst us contrary to the Law of God 1641 43. WAMPAMPEAG IT is Ordered That Wampampeag shall pass currant in the payment of Debts to the payment of forty shillings the white at eight a penny the black at four Replealed 1661. so as they be entire without breaches or deforming spots except in payment of Country Rates to the Treasurer which no Town or person may do nor he accept thereof from time to time 1643 48 49 50. WATCHING FOr the better keeping of Watches by the Constable in the time of peace It is Ordered by this Court and the Authority thereof A. 52. p. 12. That all Constables Watches in every Town of this Jurisdiction shall begin the first of May and continue till the end of September upon the penalty of five pounds to be leavied on every Constable neglecting the same Constable to set the Watch And it shall be the care of the Constable to see that the Watch be so warned that it may not consist of all or the greater part Youths but that able men be joyned with them that the Watch may be a sufficient Watch unless the Select-men of that Town who have hereby power shall otherwise Order and Dispose the said Watches both respecting time place A. 57. p. 25. number and quality of persons as to them shall seem most meet And all Inhabitants of this Jurisdiction except such as are by Law exempted shall according as they are warned to serve the Country in the Constables Watches Select-men to order Watches duely and strictly observe the charge given them by the Constables And the Constables in every Town from time to time are hereby enjoyned to give in their charge to Watch-men that they duely examine all Night-walkers after ten of the clock at night unless they be known peaceable Inhabitants to inquire whether they are going Constables charg to the Watch and what their business is and in case they give not reasonable satisfaction to the Watch-men or Constable Night-walkers to be secured then the Constable shall forthwith secure them till the morning and shall carry such person or persons before the next Magistrate or Commissioner to give satisfaction for their being abroad at that time of night And if the Watch-men shall finde any Inhabitant or Stranger after ten of the clock at night behaving
equity ibid A special Jury to be summoned for life or banishment ibid. Grandjuries to be summoned yearly to attend the several Courts with their duty Folio s. 2 Every Grandjuror to be allowed 3. s. per diem ibid Grand and Pettyjuries may give in a special Verdict in case the determination whereof belongs to the Court Folio 87. 3. All Jurors in matter of Fact not finding the main issue may present what they finde ibid Any Jury or Juror may in open Court advise with any person to resolve or direct them before Verdict ibid. s. 5. No Juror shall serve above one ordinary Court in a year except Grand jurors in cases of life and death ibid The Foreman of every Jury to deliver up all writings committed to them to the Clerk see Records Folio 129. 1. A Jury to be summoned in case of untimely death what to do and to whom to make return see untimely death Folio p. 39 L Lands free Lands All Lands granted or to be granted to English Plantations or Persons by General Court to be accounted the right of such English see Indians Folio 74. 1. Any person buying Land of any Indian without licence of General Court forfeited Folio s. 2 Graunts of Lands from Indians on tearm of years without licence forfeitable as if bought ibid. All our Lands and Heretages free from all licenses upon Alienations c. see Lands Folio p. 88. Any persons may purchase Lands of Indians where Mines are discovered see Mines Folio 116. 1. Leather Raw Hides not to be transported on forfeiture see Hides Folio 63. 1. Brought from beyond Seas transportable ib. To be preserved from corrupting on penalty ibid. s. 2. No Butcher Currier or Shoo-maker to exercise Tanning on penalty see Leather Folio 88. 1 No Tanner to be a Butcher c. ibid Gashing Hides in taking off penalty ibid Any Tanner putting to sale Leather insufficiently Tanned c. forfeited Folio 89. 2. Tan Fat 's set in Tan hills c. the penalty ib Curriers duty with the penalty of neglect ibid. s. 3. Searchers of Leather To be sworn their duty and power ibid. s. 4. Neglect of their duty the penalty ibid How to dispose of insufficient Leather seized by them Folio 90. 5 Liberties Common Every person may freely Fish or Fowl in any Pond c. unless otherwise appointed c Folio 90. 2. No man shall come on anothers propriety without his leave and as in said Law expressed ibid Lying Any Person of the age of 14 years making a lye their punishment stock fine or whipping to the fourth offence Folio p. 91. Persons under age for lying to be punished by their Parents ibid M Magistrates GOvernour Deputy Governour and five Magistrates may order and direct for removing obstructions referring to the Execution of Imposts see Imposts Folio 7. 12 Three Magistrates may keep a County Court see Courts Folio 36. 7. May order satisfaction for damage done by Indians to the Cattle of English see Indians Folio 76. 7. With Select men may place out unruly Children see Children Folio 26. 1. May dispose of Orphans to service Folio 28. 6. May punish Inkeepers for neglect of giving accompt of draught of Beer See Imposts Folio 70. 4. Two Magistrates may punish Indian Traders allowed for not giving a true accompt and payment to the Treasurer see Indians Folio 78. 12. Consenting to an Assignment of a servant is good see Masters Folio 105. 7. May out of Court dispose of and settle poor persons see Poor Folio 123. 1. May grant Licence to export Powder See Powder Folio 126. 2. May appoint Surveyors of Ships to be built See Ships Folio 138. 1. May take Order about Strangers see Strangers Folio p. 134 With the Clerk of Court may take the acknowledgement of a Judgement See Courts Folio 36.7 One Magistrate May punish breach of the peace see Breach of the Peace Folio 11. 1. May suppress a forceable detaining possession after Execution ibid. s. 2 May give Possession ibid May imprison the detainer and abettors by Warrant to the Marshal ibid May give Oath to Clerk of Markets see Bakers Folio 8. 1. May presse Workmen to repair defective Bridges see Bridges Folio 12. 3. May punish for Pilfring under 40. s. See Burglary Folio 13. 2. To return the Cases he issues to County Court ibid May punish Corporally in case ibid May give Warrant to search for stollen Goods ibid May proceed with any suspected according to Law Folio p. 14 May give Gagers of Cask and Packers an Oath see Cask Folio 16. 1. May punish any for taking Cattle to use without leave when and how see Cattle Folio 19. 5. May end small Causes under 40. s. See Causes Folio 20. 1. May sit in a Court with the Commissioners of Boston Folio 21. 3. May punish unruly Children see Children Folio 27. 2. May punish any person entertaining Children c. ibid. s. 3. May dispose of Offenders brought before him see Constable Folio 31. 2. May punish any that refuse to aid a Constable ibid. s. 5. May commit to Prison any that refuse to make acknowledgement of a Deed c. see Conveyance Folio 32. 4. May adjourn a Court in case see Courts adjournments Folio p. 38. May Summon a Jury on untimely death see Vntimely death Folio p. 39. May deal with open opposers of the Word c. see Ecclesiastical Folio 44. 15. May punish persons for absenting from publick Worship on the Sabbath Folio 45. 16. One or two to be present at opening Votes for Nomination of Magistrates see Elections Folio 47. 3. May commit any person suspected for firing a house c. see Firing Folio 51. 2. May punish such as kill Mackrel before July see Fish Folio 54. 5. May punish for Galloping in Boston streets see Galloping Folio p. 57. May punish Gaming or Dancing in Ordinaries see Gaming Folio 57. 1. May dispose of Cards and Dice brought in voluntarily ibid. s. 4 May commit to Prison any who wittingly and willingly deny the Scripture see Heresie Folio 59. 2. May by Warrant exact fines on Masters that bring in Quakers and take security to carry them away Folio 60. 4 May appoint men to view High-wayes on complaint see High-wayes Folio 65. 3. May punish or binde over Idle persons to the Court see Idle Persons Folio 66. 1. May commit or bind over to Court of Assistants any suspected to be a Jesuite see Iesuites Folio p. 67. May fine any refusing to assist the Custome Master see Impost Folio 68. 2 With the overseers of a work may Impresse workmen in the next Towns and set wages see Impresses Folio 73. 1. May fine or punish a Drunken Indian see Indians Folio 78. 11 May punish any that brew not Beer according to Law see Inkeepers Folio 80. 2. May punish Retailers of Strong-waters or private House-keepers for permitting Tipling Folio p. 81 82. s. 7 8. May determine all offences against that Law Folio 83. 13 May punish wanton and rude singing in