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A55222 The book of the general laws of the inhabitants of the jurisdiction of New-Plimouth collected out of the records of the General Court, and lately revised : and with some emendations and additions established and disposed into such order as they my readily conduce to general use and benefit by the order and authority of the General Court of New-Plimouth held at Plimouth, June 2d. anno Dom. 1685 reprinted and published, Nathaniel Clerk, secrt'.; Laws, etc. (Book of the general laws : 1685) New Plymouth Colony. 1685 (1685) Wing P2659; ESTC W479534 104,394 101

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and if in the Rescue any Bodily Harms be done to any Person or otherwise they shall have Remedy against the Resouers and if either be done by any not of Ability to answer the Damage and Forfeit aforesaid they shall he Whipt by Warrant from any Assistant before whom the Offender is Convicted in the Town where the Offence is committed not exceeding fifteen stripes for the meer Rescue or Pound Breach and for all Damages to the Parties they shall be satisfied by the Offender in Service and if it appear there were any procurement of the Owners of the Cattle or that they were Abettors they shall all pay Forfeitures and Damages as if themselves had done it one fourth port of all fines for the Breach of this Order shall be to him that prosecutes the same to effect Provided that the Complaint be Prosecuted within six Months otherwise they shall not be heard Sabbath Prophaning of the Sabbath 1. THis Court taking Notice of great abuse and many misdemeanours committed by divers Persons many wayes prophaning the Christian Sabbath or Lords Day to the great Dishonour of God Reproach of Religion Grief of the Spirits of Gods People Do therefore Order and Enact That whosoever shall Prophane the Lords Day by unnecessary servile work unnecessary travilling by Land or passing by Water by bearing Burthens carrying of Packs or by Buying or Selling or by Sports or Recreation shall for the first Offence pay ten shillings fine to the Town or be committed to Prison or safe custody till the next Day and then sit in the Stocks two hours and for the second Offence shall pay twenty shillings sine to the County or be Whipt and so from time to time as often as they shall be Convicted of the like Transgression afterwards To be found Sporting or drinking on Saturday or Sabbath day nights after sun set 2. It is Ordered That if any Person henceforth either on the Saturday Evening or on the Lord's Day Evening after the Sun is Set shall be found sporting in the Streets or Fields of any Town in this Jurisdiction drinking or being in any publick House of Entertainment unless Strangers or Sojourners in their Lodgings or uncivily walking and is duly Convict such Persons so Offending shall for every Transgression pay five shillings sine to the Town or sit in the Stocks not exceeding two hours 3. It is Ordered by this Court and the Authority thereof That in no case shall any Person Travail further on a Sabbath Day than from the place where he lay the Night before to the next Town on his way How far in what case to travel on the Sabbath nor shall he have liberty unless it be where there is no allowed Meeting in said Town Bona fide to go to the Meeting that is at the next Town and so order is as to be there before the beginning of the Morning Exercise and if any person shall presume to Travail on the Sabbath from the place he took up his Lodging on the Saturday Night unless as aforesaid or shall pass through the next Town before the Sabbath be ended he shall be proceeded with for Breach of Sabbath as is by Law provided unless it appear it hath been in case of Life and Death or that he hath a Licence from some Magistrate or one of the Select-men of the Town and it shall be lawful for the Constable or any other person to stop and bring before Authority any person suspected for the Breach of this Law and if any person hath obtained a Licence to Travail by a false pretence he shall any time in a twelve Month be liable to be apprehended and punisht for his Breach of Sabbath and ten shillings besides as a fine to the Town Ordered That in Towns Villages or other Places if any Person or Persons shall be found Walking or Riding about the Town or Visiting of the Neighbours or upon any other occasion from their own Families or place of abode on the Sabbath Day unless it appear it was upon account of some Act of Piety Mercy or Necessity such persons so offending shall be proceeded with as Sabbath-Breakers Schooles 1. ORdered by this Court and the Authority thereof That every County Town shall have and maintain a Latine School Latine School its incouragement which if they do and the Master judged by the major part of the Ministers of the County a Person capable to bring up Youth fit for the Colledge then such Town for their encouragement shall have one third part Annually of the Mony Raised on the account of the Cape Fishing and if the County Town refuse or neglect the same then such other Town that hath such a School shall have said Money and if more than one such in the County where the County Town neglects then said Money to be divided between them And where there is no such School in the County then the Money to be for the Colonies use 2. Ordered That in any County Town where such Scool-Master is provided whether by the major part of the Town or upon their neglect by a minor part Maintenance of Schools how to be raised with the approbation of two Magistrates such Town shall pay twelve pounds per annum to be raised as other Town Rates annually for such School-Master and such as have the immediate benefit by sending their Children to pay three pence a Week for Writing and Reading and six pence a Week for a Schollar after he comes to his Grammar and every such School-Master shall be capable to teach to Write and Cypher and shall receive Children after they are fit to begin in their Psalter And any that send their Children from any other Town in the County not to pay for their Schooling Swine WHereas Complaint is made of much Damage done by Swine Rooting up Meadows and Inclosures For the Prevention whereof Swine to be Ringed It is Ordered and Enacted That on notice given to the Owners of such Swine from the party damnified said Owners shall forth with Ring or cause to be sufficiently Ringed all such Swine on penalty of one shilling to be paid for every such Swine that shall be un Kinged after such warning given by the wronged party and as often as the Owners of such Swine shall be warned to Ring them The said Penalty to be to such as receive the damage or prosecute the same Town Affairs Town to make Orders 1. IT is Enacted by this Court and the Authority thereof that every Township in this Government shall have and hereby have liberty and power to meet together and make such Town-Orders as they shall think needful for the prudential affairs of the Town and Orders made by the major part present that may lawfully vote the Meeting being orderly warned shall be binding to the Town and every Town hath liberty and power to lay penalty on any Inhabitant of their Town for non-observance of any one Town Order not
can make it appear to the Court that he was necessarily hindered Indians 1. IT is Ordered by this Court and Authority thereof that no Indian which shall dwell or come into our Jurisdiction Indians not to Pawwaw or perform any evil worship shall presume at any time to Pawwaw or perform outward Worship to the Devil or other false God under the penalty of five pounds or severe Corporal punishment both of said Powwaw and of such other as shall procure or abett him therein 2. And that no Indian shall resort to any English house on the Lords day especially when any of the People thereof are gone to Meeting Not to resort to English houses ●n Lords dayes Nor to prophane the Sabbath unless upon extraordinary occasion under the penalty of ten shillings or Corporal punishmerit by Whipping as the matter may be circumstanced and that no Indian under the like penalty prophane the Lords day by Hunting Fishing Fowling Travelling with Burthens or doing any servile work thereon 3. And forasmuch at sundry Burglaries Thefts and other Mischiefs and Injuries have been by sundry Indians in the night for prevention whereof Nor to be night walkers It is Ordered by this Court c. That no Indian or Indians shall walk about in the Night without necessary occasion especially at unseasonable Times thereof under the pain of being Convicted thereby at least as one Evidence of his or their being guilty of any such mischief or injuries as may happen to be done or committed in such Night unless such Indian or Indians can rationally clear themselves thereof 4. Whereas complaint is made of Indians stealing of live Hoggs from the English and selling them and by cutting off their Ears have concealed the Swine It is therefore Ordered by this Court That henceforth no Indians shall give any Ear marks to their Hoggs or Swine Nor give any Ear-marks to their Swine Nor sell any with their ears cut off dead or alive on penalty of the forfeiture of all such Swine one half to the County and the other half to him that shall make seizure of them neither shall any Indian bring any Swine to Sell alive or dead with their Ears cut off or Ears Marked on the same penalty as aforesaid except he bring good Testimony that he honestly obtained such Swine so marked of some English or by some accident they were hunted with Doggs or otherwise that they are really their own Swine And it is further Ordered That no English shall claim any Swine in custody of the Indians but by their Ear-mark Government of the Indians 5. For the better Government of the Indians and to help them foreward in Civility and Christianity It is further Ordered That some one of the Magistrates be appointed from time to time to have the General oversight and inspection of the whole affairs of their Government Taking care of the preaching the Gospel to them as by Law is or shall be Ordered concerning them more particularly to take care of the Preaching of the Gospel amongst them and of the Admission and approving of such of the Indians to preach unto them in the several Places or Plantations where they Reside as he shall Judge most blameless able and fit for that service to the best satisfaction of the Indians especially of the most sober and discreet amongst them And of the admission of Indians Preachers and to take care to obtain relieve and distribute amongst them in such manner as he shall see meet such Contributions or Part of the Indians Stock sent from England or Profits thereof as shall be allowed to them for the same end And with the concurrance of the principal Indians to mak orders constitute Courts Civil Rulers other Officers to punish misdemeanors c by the Gentlemen be trusted with the management of that Affair by the honourable Corporation for the propagation of the Gospel in New-England And it is further Impowred with the concurrance of the Chief or Principal Indians where it may be had in several Places and Plantations to make such Orders as may conduce to their more orderly living and to constitute such Courts amongst them or appoint such Civil Rulers and other Officers as to him shall seem meet for the execution of such Orders and punishing all Misdemeanors by Fine or otherwise which are or shall be committed by them Capital Crimes only excepted Provided alwayes that the Indian grieved at any Sentance passed by them in the absence of such Magistrate provided the grieved person shall have liberty of Appeal in any Civil or Criminal Case shall have liberty to Appeal to the said Magistrate for his Determination thereof and the Execution of said Sentance by the Indians to be mean while suspended and in case such Indian be not satisfied with such determination he shall have liberty to Appeal to the County Court and Court of Assistants as is in such case provided for the English And it is further Ordered that in the absence of such Magistrate any other Magistrate And in such Place or Town where there is no Magistrate there the Select-men or such other as man be appointed thereunto in the Places and Towns where the Indians dwell shall have the Inspection of Indians and cause them to observe the Orders aforesaid or such other Orders as by them with the consent of the chief Indians as aforesaid shall be made or by the Courts Order and Direction and to punish the Offenders they having their liberty of Appeal as aforesaid And it is Ordered That our Capital Laws and the Laws made against Drunkenness Burglary and Stealing shall be executed on the Indians as on the English Fines on Indians how to be improved And it is further Ordered That all fines as arise by reason of any misdemeanor or transgression of the Indians shall be improved by such Magistrates or other Inspector where it shall fall to defray the charges of the Governing or Inspecting of them No Arms to be sold to the Indians without Licence 6. It is Ordered by this Court That whosoever shall sell or give directly or indirectly any Arms as Guns Swords Pistols c. unto any Indians without Licence first obtained from the General Court shall forfeit five times the value thereof and whosoever shall lend any Gun to an Indian or sell any Powder Shot or Lead to them Nor lent nor amunition sold shall forfeit twice the value thereof if such person have not first obtained Licence of some one of the Magistrates who are hereby impowered to give Licence to any English to lend a Gun for a Month or two in a Year and to sell some small quantity of Powder and Shot not exceeding half a pound of Powder and proportionable Shot at one time to such of our friendly Indians as he shall give a Certificate under his hand Nor in case have or carry Arms without Licence 7. It is also Ordered