ACTS AND LAWS Passed by the Great and General Court or Assembly of Their Majesties Province of the Massachusetts-Bay in NEW-ENGLAND Begun at Boston the Eighth Day of November 1693. And Continued by Adjournment unto Wednesday the Fourteenth Day of February following Being the Second Sessions Anno Regni Guilielmi et Mariae Regis et Reginae Angliae Scotiae Franciae et Hiberniae Sexto RR HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT BOSTON Printed by Bartholomew Green and Sold by Samuel Phillips 1694. Anno Regni Regis et Reginae GULIELMI 〈◊〉 MARIÆ Sexto AN ACT For the better Rule and Government of the Indians in their several Places and Plantations TO the intent that the Indians may be forwarded in Civility and Christianity and that Drunkenness and other Vices be the more effectually Suppressed amongst them Be it Enacted and Ordained by the Governour Council and Representatives in General Court Assembled and it is Enacted by the Authority of the same Commissioners to be appointed in several parts to have the more particular care Government of the Indians That His Excellency the Governour by and with the advice and consent of the Council may and is hereby impowred to appoint and Commissionate one or more discreet Persons within several parts of this Province to have the inspection and more particular care and Government of the Indians in their respective Plantations and to have use and Exercise the power of a Justice of the Peace over them in all matters Civil and Criminal as well for the hearing and determining of Pleas betwixt party and party and to award Execution thereon as for the Examining hearing and punishing of Criminal Offences according to the Acts and Laws of the Province so far as the power of a Justice of Peace does extend As also to nominate and appoint Constables and other proper and necessary Officers amongst them And be it further Enacted by the Authority aforesaid Penalty for selling strong drink to Indians That no Person or Persons whomsoever shall directly or indirectly Sell Truck Barter or give to any Indian any Strong Beer Ale Cyder Perry Wine Rhum Brandy or other Strong Liquors by what name or names soever called or known on pain of forfeiting the Sum of Forty Shillings for every Pint and proportionably for any greater or lesser quantity so Sold Truckt Bartered given or delivered to any Indian directly or indirectly as aforesaid upon Conviction thereof before a Justice of the Peace where the penalty does not exceed Forty Shillings And if it exceed that Sum at the Sessions of the Peace to be holden for the same County where the offence is committed One Moiety of all such Forfeitures to be unto Their Majesties for and towards the support of the Government and the other Moiety to him or them that shall inform and prosecute the fame by Bill Plaint or Information And if the offender be unable or shall not forthwith pay and satisfy the said Penalty or Forfeiture then to be committed to the Goal of the County there to remain until he pay and satisfy the same or suffer two Months imprisonment Provided this Act shall not be intended or extend to restrain any Act of Charity for relieving any Indian Bona fide in any sudden Exigent of Faintness or Sickness not to exceed one or two Drams or by Prescription of some Physician in writing or by the allowance of a Justice of Peace And for the better discovery of such ill disposed Persons who through greediness of filthy Lucre shall privately Sell or deliver Strong Liquors or other Strong Drink to any Indian or Indians of which it is difficult to obtain positive Evidence other than the Accusation of such Indian or Indians And to the intent that Murders and other outrages frequently occasioned thereby may be prevented It is Ordained and Enacted Indian accusation with concurring circumstances to amount to a conviction unless c That the Accusation and Affirmation of any Indian with other concurring circumstances amounting to an high Presumption in the discretion of the Court or Justices who have cognizance of the Case the Accuser and Accused being brought face to face at the time of Tryal shall be accounted and held to be a legal Conviction of the Person so accused of giving Selling or delivering Wine Rhum or any other Strong Drink or Liquors to such Indian Unless the party accused shall acquit him or her self thereof upon Oath which the Court or Justice respectively are hereby impowred to require and Administer unto the Person accused in form following That is to say Form of the Oath YOU A. B. do Swear That neither your self nor any other by your order general or particular assent privity knowledge or allowance directly or indirectly did give Sell or deliver any Wine Cyder Rhum or other Strong Liquers or Drink by what name or names soever called or known unto the Indian by whom and whereof you are now accused So help you God And further it is Enacted Strong drink found with Indians to be Seized That it shall and may be lawful to and for any Person or Persons to Seize any Wine Strong Liquors or Cyder which he or they may find in the Custody of any Indian not obtained by allowance as aforesaid other than Cyder made of Fruit of their own growth and to deliver the same unto the Constable or one or more of the Select men of the Town where the same shall be Seized to and for the use of the poor of such Town And to apprehend such Indian and to cause him or her to be conveyed before the next Justice of the Peace to be Examined where and of whom they had such Strong Drink Penalty for Indians convicted of drunkenness And every Indian convicted of Drunkenness shall forfeit and pay unto the use of the poor of the Town or place where such offence is committed the Sum of Five Shillings or else be openly Whipped by the Constable of such Town or place or some other that he shall procure not exceeding Ten Lashes as the Justice of Peace before whom such Conviction is shall determin AN ACT For the Relief of Ideots and Distracted Persons BE it Enacted by the Governour Council and Representatives in General Court Assembled and by the Authority of the same Select men or overseers of the poor to make necessary Provision for the Relief of Ideots distracted persons That 〈◊〉 and so often as it shall happen any Person to be naturally wanting of understanding so as to be uncapable to provide for him or he self Or by the Providence of God shall fall into Distraction and become Non compos mentis and no Relations appear that will undertake the care of providing for them Or that stand in so near a degree as that by Law they may be compelled thereto In every such case the Select men or overseers of the poor of the Town or Peculiar where
it Enacted by the Governour Council and Representatives in General Court Assembled and by the Authority of the same it is Ordained and Enacted In Addition to the Act Entituled AN ACT for the Suppressing of Unlicensed Houses and the due Regulation of such as are or shall be Licensed THAT all Innholders Innholders c. to be provided for the Entertainment of Travellers c. their horses Taverners and common Victuallers shall at all times be furnished with suitable Provisions and Lodging for the Refreshment and Entertainment of Strangers and Travellers Pasturing Stable Room Hay and Provender for Horses on pain of being deprived of their Licence and no such Licensed Person shall Sell Oates for more than One Penny the quart And that no Person who is or shall be Licensed to be an Inholder Taverner common Victualler or Retailer shall suffer any Apprentice Servant Not to give Entertainment to Servants c. or Negro to sit drinking in his or her House or to have any manner of drink there otherwise than by special Order or Allowance of their respective Masters On pain of forfeiting the Sum of Ten Shillings for every such offence Nor shall any such Licensed Person suffer any Inhabitant of such Town where he dwells Nor to suffer Inhabitants to sit drinking or Tipling or coming thither from any other Town to sit Drinking or Tipling in his or her House or any of the dependences thereof or to continue there above the space of one Hour other than Travellers Persons upon business or extraordinary Occasions On the like Penalty of Ten Shillings for every offence And every Person as aforesaid who contrary to this Act shall continue in any such House Tipling or drinking or otherwise misordering him or her self or above the space of one Hour other than as aforesaid shall forfeit and pay the Sum of Three Shillings and four pence or be set in the Stocks not exceeding four hours time That no Person Licensed as aforesaid No person licensed may suffer drunkness or Entertain guests on the Lords day shall suffer any Person to Drink to drunkenness or excess in his or her house nor shall suffer any Person as his or her guest to be and remain in such house or any the dependances thereof on the Lords day other than Strangers Travellers or such as come thither for necessary Refreshment on pain of forfeiting the Sum of Five Shillings for every offence in that kind All Fines and Forfeitures arising for any of the offences before mentioned shall be Fines chow to be disposed one Moiety thereof to the use of the poor of the Town where the offence is committed and the other Moiety to him or them that shall inform and prosecute the same except where such offences are presented by a Grand Jury in such case the whole forfeiture to be to the use of the Town And every Justice of the Peace within his Precincts is hereby Empowred to hear and determin concerning any of the offences aforesaid and to restrain and commit the offender to Prison one Justice to hear determin the offences afore mentioned until he pay and satisfy the penalty or forfeiture or otherwise by warrant cause the same to be Levied by distress and Sale of the offenders goods And further it is Enacted That before any Person shall receive Licence to be an Innholder All persons taking Licence to become bound common Victualler Taverner or Retailer every such Person shall become bound by Recogniscance to Their Majesties in the Sum of Ten Pounds the Principal and two Sureties in Five Pounds a piece before one or more of the Justices of the quarter Sessions On Condition following That is to say THE Condition of this Recogniscance is such That whereas the above-bounden A. B. is admitted and allowed by the Justices in quarter Sessions to keep a common Inn Ale house or Victualling house Form of the Recogniscance and to use common Selling of Wine Beer Ale Cyder c. or to Retail Wine and Strong Liquors out of dores for the space of one whole year next ensuing and no longer in the now dwelling house of the said A. B. in _____ commonly known by the Sign of and _____ no other If therefore the said A. B. during the time aforesaid shall not permit suffer or have any Playing at Dice Cards Tables Quoits Loggets Bowles Shuffle-board Ninepins Billiards or any other unlawful Game or Games in his or her House Yard Garden Back-side or any of the dependances thereof nor shall suffer to be or remain in his or her house any Person or Persons not being of his or her ordinary Houshold or Family on the Lords day or any part thereof contrary to Law nor shall Sell any Wine Liquors or other Strong drink to any Apprentices Servants Indians or Negros nor shall suffer any Person or Persons to be there Tipling Drinking or continue there after Nine of the Clock in the night time or otherwise contrary to Law And in his or her said House shall and do use maintain and uphold good Order and Rule and do Endeavour the due Observance of the Laws made for Regulation of such Houses Then this present Recogniscance to be void or else to stand and abide in full force and Virtue For which Recogniscance the party to whom such Licence is granted shall pay Two Shillings Fee to be divided betwixt the Justice and the Clerk AND for the better Inspection of Licensed Houses Tything men their power duty and the discovery of such Persons as shall presume to Sell without Licence The Select men in each Town respectively shall take due care That Tythingmen be annually chosen at the general Meeting for choise of Town Officers as is by Law provided who shall have power and whose duty it shall be carefully to inspect all Licensed Houses and to Inform of all disorders or misdemeanours which they shall discover or know to be committed in them or any of them to a Justice of the Peace or the Sessions of the Peace within the same County As also such as shall Sell by Retail without Licence and other disorders or misdemeanours committed in any such House And in like manner to present or inform of all Idle and disorderly Persons prophane Cursers or Swearers Sabbath breakers and the like offenders to the intent such offences and misdemeanors may be duely punished and discouraged Every of which Tythingmen shall be Sworn before a Justice of the Peace or at the Sessions of the Peace to the Faithful discharge of his Office in manner following That is to say Oath YOU A. B. being chosen a Tythingman within the Town of C. for one year next ensuing and until another be chosen and Sworn in your stead Do Swear that you will faithfully Endeavour and intend the duty of your Office according to Law So help you God Which Tythingmen shall have a black Staffe of two foot long Staffe
Tip't at one end with brass about three Inches as a badge of their Office And if any Person being duely chosen to the said Office shall refuse to take his Oath or Serve therein he shall forfeit and pay the Sum of Forty Shillings to the use of the poor of the Town whereto he belongs Penalty for not serving upon conviction of such refusal before the Justice of the Peace or Sessions of the Peace where he is summoned to be Sworn Certificate being produced under the hand of the Town Clerk that such Person was legally chosen to that Office And the said forfeiture to be levied by distress and Sale of such Persons goods by Warrant from a Justice of the Peace or Sessions of the Peace respectively and delivered to the Town Treasurer or overseers of the Poor for the use aforesaid And all Tythingmen that shall Inform and Prosecute for the breach of any Fenal Act Tythingmen allowed the benefit of Informers shall have the benefit of such part of the forfeiture as does by Law accrue to the Informer And all Persons prosecuted for breach of the Act relating to Excise and Retailers without Licence the penalty whereof for one offence exceeds not Forty Shillings besides charges may be convicted by two single Evidences upon Oath though but one to one breach of said Act and both the breaches be within one Month the Person accused or complained of not plainly and positively denying the Fact And further it is Enacted That the Clerk's of the Peace respectively in each County by direction of the Court shall by Writt of Scire Facias Clerk of the Peace to put in Suit Recogniscances where default is made put in Suit all such Recogniscances as shall be taken in Court or before any Justice of the Peace for such County whereof default is made in not performing the Condition of the same and upon Execution awarded the Sheriff of the County is to levy the same and to account for the Monyes or Estate received thereon as by Law he is Obliged And in Addition to the Act Entituled An Act For the Punishing of Criminal Offenders IT is Declared and Enacted ky the Authority aforesaid Laws of England to be attended in removing foreceable Entry c. That every Justice of the Peace according to the power given him by the said Act for the Enquiry and Removing of Forceible Ennyes and detainer do therein proceed according to the Rules and Methods in such case provided by the Laws of England AND for the Preventing of Trespasses by ill disposed Persons coming upon other mens Lands and cutting and carrying away the Wood Timber thereof to the great hurt and damage of the Owner It is Enacted by the Authority aforesaid Penalty for cutting or carrying of wood or Timber from another persons Land That if any Person or Persons hereafter shall cut or carry off any manner of Wood or Timber from another Person or Persons Land or the Commons of an other Town then which he doth belong to without the leave or Licence of the owner or owners of the Land where such Wood or Timber shall be fallen cut down or carryed off every Person so offending shall forfeit the Sum of Twenty Shillings for every Tree above one Foot over and Ten Shillings for every Tree under that bigness to be recovered by due Process of Law And if any Person shall be convict of such offence the Second time besides the above damage to the party shall forfeit and pay to the use of the poor of such Town where the offence is committed the Sum of Twenty Shillings or suffer one Months imprisonment And every Justice of the Peace within the County is hereby Impowred to hear and determin all offences against this Act where the forfeiture does not exceed Forty Shillings And be it further Enacted by the Authority aforesaid That if any Person or Persons Penalty for receiving or buying of Negros c. shall presume either openly or privately to receive or buy of or from any Indian Servant or Negro or Molatto Servant or Slave any Goods Wares Merchandizes or Provisions and it appear such Goods Wares Merchandizes or Provisions to have been Stol'n Every Person and Persons convicted of receiving or buying such Stol'n Goods Wares Merchandizes or Provisions or any part or parcel thereof shall restore the same in Specie if not altered and the value thereof over and above unto the party injured Or double the value where the Goods or Provisions so Stol'n are made away And such Indian Negro or Molatto Servant or Slave shall be openly Whiped not exceeding Twenty Lashes And in Addition to the Act Entituled An Act For Enabling the Treasurer to call in the Arrears of Publick Rates and discharging of Publick Debts IT is further Enacted That the Select men Constables and Collectors in the several Towns and Places within this Province Constables c. power about the Arrears of Publick Rates be and hereby are fully Impowred and Authorized to take and use the same Methods and Directions in all Respects for the Collecting of the Arrears of all former Rates or Assessments by making of distress or granting a Warrant of Commitment in case no distress can be found as is provided and directed by the Act Entituled An Act For Regulating the former Assessment and for granting an Additional Supply of Money And in Addition to the Act Entituled An Act For Regulating of Town-ships Choice of Town Officers and Setting forth their Power IT is further Enacted by the Authority aforesaid That there be annually chosen in each Town at the time Town Treasurer how to be chosen his power and in the same manner as other Town Officers a suitable Person for Town Treasurer who shall have Power to demand and receive all Debts and dues belonging or owing to such Town or the poor thereof and to Sue for and Recover the same by due Process of Law And shall pay out such Monies according to Order from the Select men or overseers of the Poor as they shall receive Instructions from the Town and such Treasurer shall make a true account to the Town of all his Receipts and payments annually when required to be under Oath Every such Treasurer to be Sworn before a Justice of the Peace to the faithful discharge of his Trust and shall have such allowance for his Service as the Town shall agree to In Addition to the Act Entituled An Act For Establishing of Judicatories and Courts of Justice within this Province IT appearing that the time Stated by Law for the holding of the Superiour Court of Judicature Court of Assize and general Goal delivery in some Counties doth fall inconvenient in respect of the season of the year and otherwise It is therefore Ordained and Enacted by the Authority aforesaid That the Superiour Court of Judicature The time for sitting of the Superiour Court c. at Ipswich Kettery Plymouth and Bristol Court of Assize and general Goal delivery for the County of Essex to be holden at Ipswich be hence-forth holden upon the third Tuesday in May annually And for the County of York at Kettery upon Thursday in the week immediately preceeding the sitting of said Court at Ipswich For the Counties of Plymouth Barnstable and Bristol to be holden at Plymouth upon the second Tuesday in March annually and at Bristol upon the second Tuesday in September annually And it is further Enacted That the Superiour Court of Judicature Court of Assize and General Goal delivery for the County of Middlesex Superiour Court c. for Middlesex to be held at Cambridge be hence-forth holden and kept at Cambridge the Shire Town upon the last Tuesday in July and on the last Tuesday in January annually any Law usage or custom to the contrary notwithstanding And for the better Preventing of Fraud in Cord Wood. It is further Enacted by the Authority aforesaid That all Cord Wood brought into any Town and exposed to Sale Measure of Cord Wood. shall be four foot long one with another and when Corded up shall measure Eight foot in length and four foot in height And all Fire Wood except Faggots brought in Carts shall be Sold after the fame Rate as Wood is Sold for by the Cord in proportion And if it hold not out such part of a Cord as it is Sold for it shall be forfeited one half thereof to the party injured who shall Inform and Prosecute for the same before a Justice of the Peace within the same County and the other half to the use of the poor of the Town where it is exposed to Sale FINIS
such Person was born or is by Law an Inhabitant Be and hereby are Empowred and Enjoyned to take effectual care and make necessary Provision for the Rielef support and safety of such Impotent or Distracted Person at the charge of the Town or place whereto he or She of right belongs If the party has not Estate of his or her own the incomes whereof may be sufficient to defray the same And the Justices of the Peace within the same County Court of quarter Sessions to order the Estate of such persons for improvement at their General Sessions may Order and dispose the Estate of such Impotent or Distracted Person to the best improvement and advantage towards his or her support as also the Person to any proper work or Service he or She may be capable to be imployed in at the discretion of the Select men or overseers of the poor And where the Estate of any such Person consists of Houseing or Land in every such case the Justices of the Superiour Court of Judicature upon Application to them made may and hereby are Impowred to Licence and Authorize the Select men or overseers of the Town or place whereto such Person belongs or such others as the said Justices shall think fit to make Sale of such Houseing or Land The Justices of the Superiour Court to Licence the Sale of Houseing or Land of distracted persons in case the produce thereof upon Sale to be secured improved and imployed to and for the use relief and safety of such Impotent or Distracted Person as the said Justices shall direct as long as such Person shall live or until he or She be restored to be of sound mind And the overplus if any be to and for the use of the next and right Heires of such party And the like power and Authority is hereby granted unto the Justices of the Superiour Court with reference to any Person or Persons now under Distraction or Non compos mentis as well for the satisfying of the charges already past as for what may be future for the Support Relief and safety of any such Person AN ACT To Restrain the Exportation of Raw-Hides Skins out of the Province of the Massachusetts-Bay and for the better Preservation Increase of Deer in the said Province WHEREAS the Exportation of Raw Hides and Skins out of this Province into Holland and diverse other Places hath been found to be very much to the Prejudice of this Province For Redress whereof Be it Enacted by the Governour Council and Representatives in General Court Assembled and by the Authority of the same That from and after the first day of July now next ensuing no Person or Persons whatsoever shall Carry Convey or Transport out of this Province or Ship or Load on board any Vessel whatsoever with intent to Carry Raw-hides or Skins about to be transported to be forfeited Convey or Transport out of this Province the Skins or Hides Untanned or Undressed of any ox Steer Bull Cow Heiser or Calfe or of any Buck Doe or Fawn under the Penalty of the forfeiture and loss of all such Raw-Hides and Skins as shall be so Transported or Loaden with intent to be Transported as aforesaid the one Moiety thereof to Their Majesties to be imployed towards the support of the Government of this Their Majesties Province and the other Moiety to him or them that shall Seize or shall inform and sue for the same in any Court of Record within this Province by Bill Plaint or Information wherein no Essoyn Protection or Wager of Law shall be allowed Provided alwayes And be it Enacted by the Authority aforesaid That it shall and may be Lawful for any Person Hides or Skins imported may be experted Oath being first made or Persons whatsoever to Ship Load or Transport out of this Province any Hides or Skins which have been imported into this Province from any other Province or place whatsoever upon Oath first made before the Naval Officer that the said Hides or Skins were Imported into this Province from some other Province or Place And Whereas the Killing of Deer at unseasonable times of the Year hath been found very much to the Prejudice of this Province great numbers thereof having been Hunted and Destroyed in deep Snows when they are very Poor and bigg with Young the Flesh and Skins of very little value and the Increase thereof greatly hindred Be it therefore Enacted by the Authority aforesaid No Deer to to be killed from the first of January to the first of July That if any Person or Persons whatsoever within this Province from and after the first day of January One thousand Six hundred ninety and four till the first day of July One thousand Six hundred ninety and five and so from the first day of January to the first day of July following annually for ever hereafter shall any wayes whatsoever Kill any Buck Doe or Fawn such Person or Persons shall forfeit the Sum of Forty Shillings for the first offence Three Pounds for the second offence and Five Pounds for the third offence and so for every offence after One Moiety thereof unto Their Majesties to be imployed towards the support of the Government of this Their Majesties Province and the other Moiety to him or them that shall inform and sue for the same in any Court of Record Persons not able to pay the Fine to be set on work And if any Person or Persons offending as aforesaid shall not have wherewithal to pay their Fines they shall for the first offence work Twenty dayes for the second Thirty and for the third offence Fifty dayes as shall be directed by the Justices before whom the cause shall be heard and determined to be imployed for the uses before mentioned And if any Venison Skin or Skins of any Buck Doe or Fawn newry Killed shall at any time in any of the aforesaid Months wherein they are by this Act Prohibited to be Killed be found with or in possession of any Person or Persons whatsoever such Person or Persons shall be held and accounted in the Law to be guilty of Killing Deer contrary to the intent of this Act as fully as if it were proved against such Person or Persons by sufficient witness Viva voce except such Person or Persons do bring forth and make proof who was the Person or who were the Persons that Killed the same Provided also and it is hereby Enacted That any Person or Persons whatsoever who shall Keep or Breed any Deer Tame or in any Paske or Island it shall and may be lawful for any such Person or Persons at any time to Kill any Buck Doe or Fawn so Kept or Bred And also any Person or Persons whatsoever to the East-ward of Piscataqua River have free liberty of Hunting as formerly any thing in this Act to the contrary notwithstanding AN ACT Of Supplement and Addition to several Acts Laws of this Province BE