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 â—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
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
any Ordinary-keeper do frequently fail in any or all of these upon Complaint he shall lose his Licence 3. It is further Ordered That no Inn-keeper or Ordinary in this Government shall sell Beer for more than two pence the Ale quart upon penalty of three shillings and four pence for every such Offence nor shall any Vintner or Taverner gain more than eight pence upon the quart in any Wine or strong Liquor that they Retail more than it cost them by the Butt or Cask as they bought Fines for Beer Ale or Wine on penalty of twenty shillings forfeiture for every Offence duly proved neither shall any Vintner or Ordinary-keeper suffer any Disorder by excessive Drinking in or at their Houses 4. It is therefore Ordered That he that suffers any person to drink Drunk or to Excess in his House shall be fined for every such Offence Penalty to suffer any to be drunk or drink to excess or to stay Tipling in their houses duly proved five shillings and he that suffers any Town-dweller unless it be upon an extraordinary occasion or publick Imployment to stay Drinking in or about his House above the space of one hour the Ordinary keeper shall be fined two shillings and six pence and the Inhabitant so offending one shilling Who shall not be dieted in an Ordinary Nor have wine or liquor drawn to them on the Lords dayes 5. And it is further Ordered That no single person Labourer or other shall be Dieted in any Inn or Ordinary in the Town to which he belongeth on the penalty of five shillings a week fine to be paid by the Ordinary keeper And that no Ordinary-keeper suffer any Wine or Liquor to be drawn in his House on the Lords day to any except in case of necessity for the moderate relief of those that are sick or faint for their necessity refreshment not to young persons or such as need it not in pain of ten shillings nor Beer nor Syder but to Strangers or such as live distant from the Meeting and to such only for their necessary Refreshment and that on penalty aforesaid 6. And for the preventing of the great Abuse by the exceeding Drinking of Liquors and other Drink in Ordinaries c. 7. This Court Ordereth That every Ordinary-keeper in this Government shall be hereby Impowred and Required The disorders unruliness in Ordinaries to have their names returned to Court that in case any person or persons do not attend Order but carry themselves uncivily by being importunately desirous of Drink when denied and do not leave the House when required such Ordinary-keeper shall return their Names to the next County Court that so they may be proceeded against according to the nature of the Offence and in case any Ordinary keeper shall neglect so to do he shall be fined five shillings for every such default 8. It is Ordered by this Court That two or three men besides the Constable and Grand Jury men be appointed and impowered in each Town of this Jurisdiction to have the inspection of the Ordinaries Inspectors of Ordinaries or in any other places suspected to take notice of such abuses as may arise in reference to the Premises or otherwise and make return thereof to the County Court 9. That no Ordinary-keeper suffer any Servants or Children under the Government of their Masters or Parents to buy or sit drinking any strong Liquors or Wine Beer Ale or Syder in their houses or where they have to do without liberty from their Parents or Masters except in case of necessity for their relief in penalty of five shillings 10. That no person or persons shall hereafter be Licenced to keep a House of common Entertainment for any longer than one year at a time and that such as keep Houses of Entertainment shall renew their Licence Anunally at the County Court Ordinaris Licence to be annually recorded and pay two shillings Fee to the Clerk of the Court for Recording their Grant or Renewal thereof and give Bond with two Sureties for their keeping good Orders and to respond all Breaches of Law that they may be convicten of 11. That all Ordinary-keepers cause their Houses to be cleared of all Town dwellers and Strangers When to have their houses cleared unless Lodgers or Travillers by nine a clock every night and by twilight on Saturday night and not suffered to be drinking in their Houses on Sabbath day night on penalty of five shillings fine of every Person so Transgressing and five shillings fine of the Ordinary-keeper for entertaining them And to whom they may not sell or deliver Wine c. 12. It is Ordered by the Court and the Authority thereof That none shall presume to deliver any Wine strong Liquors or Syder to any person or persons who they may expect will abuse the same or to any Boyes Girles or single person though pretending to come in the name of any sick person without a note under the hand of some sober person in whose name they come on pain of five shillings for every such Transgression the one half to the County and the other half to the Informer Indictments Presentments Complaints c. Presentments complaints to be made within a year unless in case 1. IT is Ordered by this Cours That no Person shall be Indicted presented or informed against to any Court or Magistrate within this Jurisdiction for the Breach of any Penal Law or any other Misdemeanor the forfeiture whereof belongs to the Country or County unless the said Indictment or Information c. be made and Exhibited within one year after the Offence is committed unless the penalty thereof exceeds five pounds This Law shall not extend to any Capital Offence or any Crimes that may concern loss of Member or banishment And in case of Fornication Presentment may be any time within twelve Months after the Fact is publickly known nor shall any Indictment Presentment or Information hinder any person grieved for any wrong done to him his Wife Children or Servants or Estate Real or Personal but that every such Person shall have such Remedies as formerly he he might or ought to have in Law Persons indicted of Capital Crimes must not withdraw but surrender themselves on penalty Ordered That if any Person shall be Indicted or Legally Charged with any Capital Crime who is not then in durance and shall withdraw or refuse to render his Person to some Magistrate or Officer in this Jurisdiction within one Month after the Proclamation made publickly in the Town where he did formerly and usually abide there being a full Month betwixt Proclamation and Proclamation his Lands and Goods shall be Seized to the use of the Colony and Ordered with due respect to his Family as the Court of Magistrates shall Judge meet till he make his lawful appearance and such withdrawing himself shall be and stand in stead of one witness to prove the Crime charged unless he