THE GENERAL LAWS And LIBERTIES Of the MASSACHUSETS' COLONY: Revised & reprinted, By Order of the General Court Holden at Boston. May 15th. 1672 Edward Rawson Secretary Whosoever therefore resisteth the Power, resisteth the Ordinance of God and they that resist receive to themselves Damnation. Rom. 13. ●. CAMBRIDGE Printed by Samuel Green, for John Usher of Boston. 1672. THE GENERAL LAWS OF THE MASSACHUSETS' COLONY, REVISED AND PUBLISHED, BY ORDER OF THE GENERAL COURT in October 1658. FOrasmuch as the free fruition of such Liberties, Immunities, Privileges, as Humanity, Civility and Christianity call for, The Civil privileges of the Inbitants of this Colony. as due to every Man in his Place and Proportion, without Impeachment and Infringement, hath ever been, and ever will be, the Tranquillity and Stability of Churches and Commonwealth, and the denial or deprival thereof, the disturbance, if not ruin of both. It is therefore Ordered by this Court and the Authority thereof, That no man's life shall be taken away, no man's Honour or good Name shall be stained, no man's person shall be arrested, restrained, banished, dismembered, nor any ways punished; no man shall be deprived of his wife or children, no man's goods or estate shall be taken away from him, nor any ways endamaged, under colour of Law, or countenance of Authority, unless it be by virtue or equity of some express Law of the Country warranting the same, established by a General Court, and sufficiently published; or in case of the defect of a Law, in any particular case, by the word of God. And in Capital Cases, or in Cases concerning dismembering, or banishment, according to that word, to be judged by the General Court. [1641.] Ability. Age. Age of discretion. IT is Ordered by this Court and the Authority thereof; That the age for passing away Lands, or such kind of Hereditaments, or for giving of Votes, Verdicts or Sentences in any civil Courts or causes, shall be one and twenty years, but in choosing Guardians, fourteen years. Liberty to dispose Estate. And all persons of the age of one and twenty years, as aforesaid, and of understanding and memory, whether excommunicate, condemned, or other, shall have full power and liberty, to make their Wills and Testaments, and other lawful Alienations of their Lands and Estates. [1641. 47.] Age for Plaintiffs and Defendants. Age for Plaintiff and Defendant. IT is Ordered by this Court and the Authority hereof, that the age for Plaintiffs and Defendants in civil Cases, before any Magistrate, Commissioner or Court of Judicature, shall be twenty one years of age, and for all persons under that age, their Parents, Masters, and Guardians as they shall see meet shall plead and defend their right and interest, as the matter may require; and in all Criminal cases, every person younger as well as elder, shall be liable to answer in their own persons, for such misdemeanours as they shall be accused of, any may also inform and present any misdemeanour to any Magistrate, Grand-jury-man, or Court, any Law, Custom or Usage to the contrary notwithstanding. [1668.] Actions. IT is Ordered by this Court and the Authority thereof; That all Actions of Debt, Actions when tryable. Accounts, Slander, and Actions of the Case concerning Debts and Accounts, shall henceforth be tried, where the Plaintiffs pleaseth, so it be in the Jurisdiction of that Court, where the Plaintiff or defendant dwelleth, unless by consent, under both their hands it doth appear, they would have the case tried in any other Court. All other Actions shall be tried, within that Jurisdiction where the cause of the Action doth arise. 2. Whereas sundry Inconveniences do arise, by reason that Plaintiffs in Civil Cases do delay to Enter their Actions, to the great expense of much precious time, and damage to the Public: Rule for entry of Actions. This Court doth therefore Order, That henceforth no Action shall be Entered after the first day of the Court is ended. And in case any Plaintiff shall delay his Entry longer than the first Forenoon of the Courts sitting, every such person or persons shall pay double Entry-money. And all persons, whether Parties or Witnesses, are enjoined to attend their respective Concerns in every Court of Justice, as well the first Forenoon of the Court, as afterwards; and shall present the whole Plea and Evidence before the Case be committed to the Jury, and no after-Plea or evidence shall be admitted to any person, Any Law, Usage or Custom to the contrary notwithstanding. And for that end, all Marshals and Constables are enjoined to make their Returns of Attachments by them served, sometime the first Forenoon of the Court that is to take cognizance of the Case concerned therein. Provided, That the double Entry-money be paid by him that so neglects his Entry, and not put the Defendant to unnecessary charge through his default. [1665.] Actions of trespass under forty shillings. 3. In all Actions of Trespass, where Damage shall be pretended, above Forty shillings, and yet on the hearing thereof, it shall appear to the Court to come under that value, in all such Cases, the Plaintiff shall lose his Action, and pay the Defendant cost. Fees for Entry of Actions. 4. Every Person impleading another, in any Court of Assistants or County Court, shall pay the sum of ten shillings, before his Case be Entered; and for every Action of above forty shillings value, tryable before the Commissioners of Boston, ten shillings; and for all Actions under forty shillings, tryable before the said Commissioners. one Magistrate, or the three Commissioners, for ending small Causes, A. 52. p. 7. ten Groats, unless the Court see cause to admit any to Sue in forma pauperis. [1642. 52.] 5. And where the Debt or Damage recovered, shall amount to Ten pounds, in every such case to pay five shillings more; Addition of fees of Actions. and where it shall amount to Twenty pounds or upward, there to pay ten shillings more than the first ten shillings, which said additions, together with the charge of the Entry of the Action, shall be put to the judgement and execution, to be levied by the Marshal, and accounted to the respective Treasurers to whom it appertaineth. [1647.] 6. Whereas the Country is put to great Charge, by this Courts attending Su●●s Commenced or Renewed by Petition or Review. Actions brought to the General Court to bear the charge of the Court. It is Ordered that in all such cases; if it appear to the Court, that the Plaintiff had no just cause of any such proceeding, the said Plaintiff shall bear the whole charges of the Court, both for time and expenses, which they sha' ● judge to be expended by his occasion; and may further impose a fine upon him, as the merit of the cause shall require; but if they find the defendant in fault, they shall impose the just charges upon such defendant. Plaintiff liberty to withdraw his Action. 7. And in all Actions brought to any Court, the Plaintiff shall have liberty to withdraw his Action or to be nonsuited, before the Jury have given in their verdict; in which case, he shall always pay full costs and charges to the defendant, and may afterward reniew his Suit at another Court. [1641.] 8. And it is Ordered, that no man in any Suit or Action against another, L 1. p. 16.49 shall falsely pretend great Damages or Debts, to vex his Adversary; and in all cases where it appears to the Court, Vexatious Suits to pay triple damage and be fined 40. shill. that the Plaintiff hath willingly and wittingly done wrong to the Defendants in commencing and prosecuting any Action, Suit, Complaint or Indictment, in his own name, or in the name of others, he shall pay triple damages to the party grieved, and be fined Forty shillings to the common Treasury. [1641.46.] APPEAL. IT is Ordered by this Court and the Authority thereof: That it shall be in the liberty of every man cast, Liberty to appeal condemned or Sentenced in any Inferior Court, to make his Appeal to the Court of Assistants: as also to appeal from the sentence of one Magistrate, or other persons deputed to hear and determine small causes, unto the shire Court of each Jurisdiction, where the cause was determined. Provided they tender their Appeal, before Execution. and put in security before the Judges of the Court, to prosecute it to effect, and also to satisfy all damages, before execution granted; which shall not be till twelve hours after Judgement, except by special order of the Court. In criminal cases to be bound to the good behaviour. And if the cause be of a criminal nature; then also to put in security for the good behaviour and appearance at the same time: and if the point of appeal, be in matter of Law, then to be determined by the Bench, if in matter of fact by the Bench and Jury. And if in the Court of Assistants, two of five, three of seven, Appeals to the General Court. or such a proportion of the Magistrates then present, shall actually descent from the sentence of the Court in any Capital offence, it shall then be in the liberty of the party sentenced, to appeal to the next General Court. 2. It is further Ordered; That all Appeals with the security as aforesaid, shall be recorded at the charge of the party Appealing, L. 2. p. 1. and certified unto the Court, to which they are made. And the party Appealing, shall briefly in writing (without reflecting on Court or Parties, Appellant to give his reasons six days before. by provoking Language) under his own or his Attorney's hand, give in to the Clerk of the Court from which he did Appeal, the Grounds and Reasons of his Appeal, six days before the beginning of the Court, A. 51. p. 1. to which he did Appeal; to which Court the said Clerk shall return the said writing, and give copies thereof to the Defendant if he desire the same. Not prosecuting an Appeal, forfeit forty shill. And whosoever shall Appeal from the Sentence of any Court, and not prosecute the same to effect, according to Law, shall besides his Bond to the party, forfeit to the Country, the sum of Forty shillings for every such neglect. 3. And for a more clear and equal hearing and determining all Cases of Appeal; A. 43. p. 19 It is Ordered, That no person that hath sat as Judge, or voted in any inferior Court, in that case he is Appealed from, shall have any vote in the Superior Court Appealed to, No Judge Appealed from, may judge the action of Appeal. but the case shall be determined by such as are no ways engaged in the same, by Judging or Voting formerly: Provided there be more Magistrates Appealed to, than those that sat in the Court Appealed from. A. 54. p. 2. And in all cases of Appeal, the Court Appealed to shall Judge the case, Error may be rectified, with reversing the former judgement. according to former Evidence, and no other, rectifying what is amiss therein; and where the matter of fact is found to agree with the former Court, and the Judgement according to Law, not to revoke the Sentence or Judgement, but to abate or increase damages, as shall be judged right; any use or custom to the contrary notwithstanding. [1642. 47. 49. 50. 53. 54.] ON a motion of the Deputies of Dover and Portsmouth, in behalf of most of the Freeman there; Appeal from the Associate Court in Dover and Portsmouth tryable. That whereas they have power in their Associate Courts to try any Case under Twenty pounds, and finding no Law where they may Appeal, but to the Court of Assistants, the Actions being many times very small, and is great charge to come to Boston for every small Case; it is their desire, that the Court would grant them an Order, that any person cost or condemned, may Appeal to the County Court held in Dover or Portsmouth, and that some persons may ha●e Magistratical Power in that County as formerly: The Court judgeth it meet to grant their request; And it is Ordered that henceforth it shall be in the liberty of Plaintiff and Defendant, in all Cases tryable, before the Court of Associates in Portsmouth and Dover, to Appeal to their next County Court in Dover or Portsmouth, as in other cases, any custom or usage to the contrary notwithstanding. [1670.] Appearance. Non-appearance. Immunity from punishment in case of inevitable obstruction IT is Ordered by this Court and the Authority thereof; That no man shall be punished for not appearing at or before any Civil Assembly, Court, Council, Magistrate or Officer, nor for the omission of any Office or Service; if he shall be necessarily hindered, by any apparent Act or Providence of God, which he could neither foresee nor avoid; Provided that this Law shall not prejudice any person of his just cost and damage in civil action. [1641.] APPAREL. ALthough several Declarations and Orders have been made by this Court, against excess in Apparel, both of Men and Women, A. 51. p. 5. which have not taken that effect as were to be desired, but on the contrary; we cannot but to our grief take notice, that intolerable excess and bravery hath crept in upon us, and especially amongst people of mean condition, to the dishonour of God, the scandal of our profession, the consumption of Estates, Excess in Apparel pro●ibi●●●● and altogether unsuitable to our poverty; and although we acknowledge it to be a matter of much difficulty, in regard of the blindness of men's minds, and the stubborness of their wills, to set down exact Rules to confine all sorts of persons; yet we cannot but account it our duty, to commend unto all sorts of persons, the sober and moderate use of those blessings, which beyond expectation, the Lord hath been pleased to afford unto us in this wilderness, and also to declare our utter detestation and dislike, that men or women of mean condition, should take upon them the garb of Gentlemen, by wearing Gold or Silver lace, or Buttons, or Points at their knees, or to walk in great Boots; or Women of the same rank to wear Silk or Tiffiny hoods, or Scarves, which though allowable to persons of greater Estates, or more liberal education, yet we cannot but judge it intolerable in persons of such like condition: It is therefore Ordered by this Court and the Authority thereof; that no person within this Jurisdiction, nor any of their relations depending upon them, whose visible estates real and personal, shall not exceed the true and indifferent value of two hundred pounds; shall wear any Gold or Silver lace, or Gold and Silver Buttons, or any bone lace above two shillings per yard, or silk hoods, or scarves, upon the penalty of ten shillings for every such offence, and every such delinquent to be presented by the Grand-jury; And forasmuch as distinct and particular rules in this case suitable to the estate or quality of each person cannot easily be given: It is further Ordered by the Authority aforesaid, that the Select Men of every Town, or the Major part of them, are hereby enabled and required from time to time, to have regard, and take notice of Apparel of any of the Inhabitants of their several Towns respectively, and whosoever they shall judge to exceed their ranks and abilities, in the costliness or fashion of their Apparel in any respect, especially in the wearing of Ribbons or great Boots, (Leather being so scarce a commodity in this Country) Lace, Points, etc. Silk Hoods, or Scarves, the Select men aforesaid shall have power to assess such persons so offending in any of the particulars above mentioned in the Country Rates, at two hundred pounds estates, according to that proportion that such men use to pay to whom such Apparel is suitable and allowed, Provided this Law shall not extend to the restraint of any Magistrate or public Officer of this Jurisdiction, their Wives and Children, who are left to their discretion in wearing of Apparel, or any settled Military Officer, or Soldier in the time of Military service, or any other whose education and employment have been above the ordinary degree, or whose estate have been considerable, though now decayed. [1651.] As an Addition to the Laws about Apparel. WHereas excess in Apparel amongst us, unbecoming a Wilderness-condition, and the profession of the Gospel, whereby the Rising Generation are in danger to be Corrupted and Effeminated; which practices are witnessed against by the Laws of God, and sundry Civil and Christian Nations: It is therefore Ordered and Enacted by this Court, and the Authority thereof, Addition to the Law for Apparel That all persons within this Jurisdiction, whether the Children, or Servants that are under government in Families, that shall wear any Apparel exceeding the quality and condition of their Persons or Estate, or that is apparently contrary to the ends of Apparel; and either of these to be so judged by the Grand-jury and County Court of that Shire where such complaint or presentment is made: All such persons being Convicted, shall for the first offence be Admonished; for the second offence pay a fine of twenty shillings; for the third offence, forty shillings, and so following, as the offences are multiplied, to pay forty shillings a time to the Treasury of that County. Also if any Tailor shall make or fashion any Garment for such Children or Servants under government as aforesaid, contrary to the mind and order of their Parents or Governors; every such Tailor shall for the first offence be Admonished; and for the second offence, forfeit double the value of such Apparel or Garment as he shall fashion or make, contrary to the mind and order of their Parents or Governors; half to the Owner, and half to the Country And all Grand-jury men are hereby enjoined to Present all those whom they do judge breakers of this Order. [1662.] ARRESTS. IT is Ordered by this Court and the Authority thereof; That no man's person shall be Arrested or Imprisoned for any Debt or Fine, None to be kept in prison for debt that have not to satisfy. if the Law can find any competent means of satisfaction, otherways from his estate, (except in special Contracts, as in the Law of Payments) And if not, his person may be Arrested and Imprisoned, where he shall be kept at his own charge, not the Plaintiffs, till satisfaction be made, unless the Court that had cognizance of the cause, or some superior Court shall otherwise determine; provided nevertheless, that no man's person shall be kept in prison for debt, but when there is an appearance of some estate which he will not produce, to which end, any Court or Commissioners Authorized by the General Court may Administer an Oath to the party, or any other suspected to be privy in concealing his estate, but shall satisfy by service if the Creditor require it; but shall not be sold to any but of the English Nation. [1641. 47.] It is Ordered, That when any persons are Committed to Prison in any Civil Action, The Keeper's discharge of Prisoners in Case. the Keepers of the Prison shall not stand charged with their supply of Victuals, or other Necessaries. And in case the Prisoner hath no Estate, and will be deposed before any Magistrate, that he is not worth five pounds, the Plaintiff shall provide for his relief, or otherwise the Keeper shall not stand charged with him: and all such charges the Plaintiff shall have power to levy with the Execution, before the party be delivered from Prison. COmplaint being made to this Court, of abuse offered to Justice, through liberty granted, by the Keepers of the Prisons, to such persons as stand Committed for payment of fines, and on Execution granted in Civil Cases: This Court do Order; That no person or persons Committed as abovesaid, shall be permitted by the Keeper of the Prison, Keepers of prisoners danger. to go at liberty without the precincts of the Prison, but by the Licence of the Court that Committed him, or of the Creditor for whom Execution is granted; on penalty of paying the fine imposed, and satisfaction of the Execution in any Civil Case. [1662.] IT is Ordered, that the Keeper of the Prison for the time being, shall henceforth have the same liberty that the Marshal hath in all Civil Cases; Keeper's liberty to take Bail. to take sufficient Bail after Commitment, as the Marshal might before Commitment. [1662.] Attachments. Summons. IT is Ordered by this Court and Authority thereof; L. 2. p. 12. That it shall be the liberty of every Plaintiff, to take out either Summons or Attachments against any Defendant; Plaintiffs liberty to take Summons or Attachments. Provided no Attachment shall be granted in any Civil Action, to any Foreigner, against a settled Inhabitant in this Jurisdiction, before he hath given sufficient security or caution, to prosecute his Action, and to answer the Defendant such costs, as the Court shall award him. Foreign Plaintiffs to put in security. 1. And it is further Ordered that in all Attachments of Goods and Chattels, or of Lands and Hereditaments, legal notice shall be given to the party, or left in writing at his house or place of usual abode, otherwise the suit shall not proceed; notwithstanding, if he be out of this Jurisdiction, the cause shall then proceed to trial, Execution respited. but Judgement shall not be entered before the next Court, and if the Defendant do not then appear, Judgement shall be entered, but Execution shall not be granted before the Plaintiff hath given security to be responsal to the Defendant, if he shall reverse the Judgement within one year, or such further time as the Court shall limit. 2. And it is hereby Declared, that no Summons, Pleading, Judgement, L. 1. p. 49. or any kind of proceeding in Courts or course of justice, shall be abated, arrested or reversed upon any kind of circumstantial errors or mistakes, Circumstantial errors. if the person and cause be rightly understood and intended by the Court. And in all Cases where the first Summons are not served six days inclusively before the Court, and the Case briefly specified in the Warrant, Summons to be served six d●yo● before the Court where appearance is to be made by the party Summoned, it shall be at his liberty whether he will appear or not, except all cases that are to be handled in Court suddenly, called on extraordinary occasion. 3. And whereas Suits at Law, A. 51. p. 1 In whose name to take out precess. many times such as do prosecute the same in their own name, in procuring the process; intent and do declare in the name, and on the behalf of others, viz. as Executors, Administrators, Assigns, Attorneys, Guardians, Agents or the like, which is not only improper, but tendeth also to uncertainty; for prevention whereof: It is Ordered, That henceforth the Original process, whether Summons or Attachments shall express in whose name the Plaintiff sueth, whether in his own name, or as Executor of the last Will and Testament of such a man, or Administrator of the Goods and Chattels of such a man, or Assign, Attorney, Guardian or Agent of such a man, or the like, or otherways, if exception be taken before the parties join issue, it shall be good, and the Plaintiff shall be liable to pay cost. [1641. 44. 47. 51.] Marshals may serve Attachments. Whereas it hath been commonly practised, that Attachments have been directed to the Marshal to be served in any Town under the Jurisdiction of that Court whereof the Marshal is Officer, notwithstanding the Law doth Order, that all Attachments shall be directed to the Constable in such Towns where no Marshal dwells: Marshals may serve Attachments. It is hereby Ordered and Declared, That the said Custom shall be accounted legal, and shall not abate the Proceeding or Trial of any Cause. Provided no more Costs be charged on the Defendant, then by Law are due to Constables for serving Attachments. [1662.] BAKERS. IT is Ordered by this Court and Authority thereof; That henceforth every Baker shall have a distinct mark for his Bread, and keep the true Assizes, as hereafter is expressed, viz. when Wheat is ordinarily sold for money at these several Rates hereafter mentioned, the penny white loaf by averdupois weight, when Wheat is by the bushel— at 3 s. 0 d. the white 11 ounces 1 qr. wheat 17 ounces 1 qr. household 23 ounc. 0. at 3 6 10 1 15 1 20 2. Weight of Bread at 4 0 09 1 14 0 18 2. at 4 6 08 1 11 3 16 2. at 5 0 07 3 11 2 15 2. at 5 6 07 0 10 2 14 0. at 6 0 06 2 10 0 13 0. at 6 6 06 0 09 2 12 2. And so proportionably, under the penalty of forfeiting all such Bread as shall not be of the several Assizes aforementioned, to the use of the poor of the Town where the offence is committed, and otherwise as is hereafter expressed, and for the better execution of this present Order; there shall be in every Market Town, Clerk of the Market and all other Towns needful one or two able persons annually chosen by each Town, who shall be sworn at the next County Court, or by the next Magistrate, unto the faithful discharge of his or their Office: who are hereby Authorized to enter into all houses, either with a Constable or without, Their power. where they shall suspect or be informed of any Bread baked for sale, and also to weigh the said Bread as oft as they see cause, and seize all such as they find defective. As also to weigh all Butter made up for sale, and brought unto, or being in the Town or Market to be sold by weight, which if found light after notice once given, sh●ll be forfeited in like manner. The like penalty shall be for not marking all Bread made for sale: A. 52. p. 8. And the said Officer shall have one third part of all forfeitures for his pains, the rest to the poor as aforesaid. [1646.] 2. Whereas it appears to this Court, that there is much deceit used by some Bakers and others, who when the Clerk of the Market cometh to weigh their Bread, pretend they have none, but for their own use, and yet afterward put their Bread to sale, which upon trial hath been found too light; for prevention of such abuses for time to come: It is Ordered, that all persons within this Jurisdiction, who shall usually sell Bread within doors or without, shall at all times hereafter, To prevent deceit in Bakers. have all their Bread that they either put to sale or spend in their families, made of the due Assizes, marked and yielded to trial of the said Clerk as is directed in the Order aforesaid, under the penalty therein expressed. [1652.] BALLAST. IT is Ordered by this Court and the Authority thereof; That no Ballast shall be taken from any Town shore, by any person whatsoever, Ballast not to be taken without leave. without allowance under the hands of the Select men, upon the penalty of six pence, for every shovel full so taken, unless such stones as they had laid there before. It is also Ordered, That no Ship nor other Vessel, shall cast out any Ballast in the Channel or other place inconvenient in any Harbour within this Jurisdiction, upon the penalty of ten pounds. nor cast into the Channel. [1646.] BARRATRY. IT is Ordered and Decreed, and by this Court Declared; That if any man be proved and judged a common Barrater, vexing others with unjust, Barratry. frequent and endless suits, it shall be in the power of the Court, both to reject his Cause, and to punish him for his Barratry. [1641.] BENEVOLENCE. IT is Ordered, That this Court hereafter will grant no Benevolence, except in foreign occasions, and when there is Money in the Treasury sufficient, and our debts first satisfied. [1641.] It is Ordered by this Court and the Authority thereof; that all Gifts and Legacies given and bequeathed to the College, Gifts and Legacies to be faithfully disposed of Schools of Learning or any other Public use; shall be truly and faithfully disposed of according to the true and declared intent of the Donors. And all and every Person or Persons betrusted to receive or improve any such Gifts or Legacies, shall be liable from time to time to give account of their disposal and management thereof to the County Court of that Shire where they dwell, and where such Estate shall lie, who are hereby empowered to require the same where need shall be, and to appoint feoffs of trust, to settle and manage the same according to the will of the Donors. BILLS. IT is Ordered by the Authority of this Court; That any debt, or debts due upon bill or other specialty assigned to another, Bills Assigned good debt to the Assignee. shall be as good a debt and estate to the Assignee, as it was to the Assigner, at the time of its assignation; And that it shall be lawful for the said Assignee, to sue for, and recover the said debt due upon bill, and so assigned, as fully as the original Creditor might have done; Provided the said Assignment be made upon the backside of the bill or specialty. [1647.] BOND-SLAVERY. IT is Ordered by this Court and the Authority thereof; That there shall never be any Bondslavery, No Bond-slavery Villeinage or Captivity amongst us, unless it be lawful Captives taken in just Wars, as willingly sell themselves or are sold to us, and such shall have the liberties and Christian usage which the Law of God established in Israel concerning such persons doth morally require, Provided this exempts none from servitude, who shall be judged thereto by Authority. [1641.] Bounds of Towns and Persons. FOrasmuch as the Bounds of Towns, and of the Lands of particular persons, are carefully to be maintained, and not without great danger to be removed by any, which notwithstanding by deficiency and decay of marks, may at unawares be done, whereby great jealousies of persons, trouble in Towns, and encumbrances in Courts do often arise, which by due care and means might be prevented: Town Bounds to be laid out once in one year. It is therefore Ordered by this Court and the Authority thereof, that every Town shall set out their Bounds, within twelve months after their Bounds are granted: and that when their Bounds are once set out, once in three years, three or more persons of a Town, appointed by the Select men, To be surveyed within 3 year. shall appoint with the adjacent Towns, to go the Bounds betwixt their said Towns and renew their marks; which marks shall be a great heap of stones, or a Trench of six foot long and two foot broad, the most ancient Town to give notice of the time and place of meeting for this perambulation; which time shall be in the first or second month, upon pain of five pounds for every Town that shall neglect the same; Provided that the three men appointed for perambulation shall go in their several quarters, by order of the Select men, and at the charge of the several Towns. Particular persons bounds to be surveyed once a year. 2. And it is further Ordered, that if any particular proprietor of Lands lying in common with others, shall refuse to go the Bounds betwixt his Land and other men's once a Year in the first or second month, being requested thereunto upon one week's warning, he shall forfeit for every day so neglecting, ten shillings, half to the party moving thereto, the other half to the Town. [1651.] BREWERS. TO the end no other but good and wholesome Beer be Brewed at any time in this Jurisdiction, to be sold for the supply of Ship or other Vessels at Sea; and that no oppression or wrong be done to any in this Mystery: It is Ordered by this Court and the Authority thereof: That no person whatsoever, shall henceforth undertake the calling or work of Brewing Beer for sale, but only such as are known to have sufficient skill and knowledge in the Art or Mystery of a Brewer. Brewers to ma●● satisfaction for bad Beer. And it is further Ordered, that if any undertaker for victualling of Ships or other Vessels, or Master or owner of any such Vessel, or any other person, shall make it appear, that any Beer bought of any person within this Jurisdiction, doth prove unfit, unwholesome and unseless for their supply, either through the insufficiency of the Malt, or Brewing, or unwholesome Cask; the person wronged thereby shall be, and is hereby enabled, to recover equal and sufficient damage, by Action against the person that put that Beer to Sale. Breach of the Peace. FOr the better preserving of Peace, and every man's Liberty and Safety in this Jurisdiction, Breach of Pe●●● and to the end that all Fight and Quarrelling and Disturbance may be avoided: It is by this Court Ordered, and by the Authority thereof Enacted, that no person shall beat, hurt or strike any other person, upon penalty of paying to the party stricken, by fine to the County where the Offence is committed, or both, such sum or sums as the County Court, Magistrate, Commissioner or Associate, that take cognizance thereof shall determine: and because in this case several circumstances may alter the degree of the offence, as who do smite, who is smitten, with what Instrument, the danger of the wound, more or less, time, place and provocation, and other the like, it is left to the discretion of the Judges aforesaid, upon hearing and consideration, to impose such penalty or penalties, as in their discretion shall seem just, equal and proportionable to the merit of the offence. Judgement for Title of House or Land. Judgement for Title of House or Land. IT is Declared and Ordered by this Court and the Authority thereof, That where a Judgement is given in any Court for any person of House or Land, upon the trial of the Title thereof; if the person against whom the Judgement is given, doth either forcibly keep possession thereof still after execution served, or enter upon it again, and so retain possession by force, he shall be counted a high offender against the Law, and breaker of the public peace; therefore speedily to redress such a criminal offence, every Magistrate is empowered, and by his place hath power to give warrant and command to the Marshal, Officers and other men whom he thinks meet to be employed in the business (the Marshal also requiring aid, greater or lesser, as need requires) and suppress the force, and give possession to the owner, and to imprison such as do appear to be Delinquents; and their aiders and abettors, to be forth coming at the next Court that did give the Judgement in the case, there to make their Answer: and whom the Court doth find guilty, to set such fine or other punishment upon them as the merit of their several cases doth require. BRIDGES. THis Court considering that Bridges in Country Highways are for the benefit of the Country in general, and that it may be unequal to lay the charge thereof on particular Towns: Bridges to be made & repaired by the County. Doth Order, that from time to time, upon information or complaint to each County Court, of the necessity or defect of any Bridge or Bridges as aforesaid; the Court shall appoint a Committee to view and determine the same, and the charges shall be proportioned by the Magistrates in each County Court, to be levied upon the Several Towns in each County according to the direction of the Law for Country Rates. 2. The Court considering the great danger that Persons, Horses, Teams, are exposed to, L. 2. p. 3. by reason of defective Bridges, and Country Highways in this Jurisdiction: Doth Order and Declare, That if any person at any time, lose his life, in passing any such Bridge or Highway, after due warning given unto any of the Select men of the Town in which such defect is, in writing under the hand of two witnesses, or upon presentment to the Shire Court, of such defective Ways or Bridges, that then the County or Town which ought to secure such Ways or Bridges, Penalty for damage received by the insufficiency of Bridges. shall pay a fine of one hundred pounds to the Parents, Husband, Wife or Children, or next of Kin to the party deceased. And if any person lose a Limb, break a Bone, or receive any other bruise or breach in any part of his Body, through such defect as aforesaid; the County or Town, through whose neglect such hurt is done, shall pay to the party so hurt, double damages, the like satisfaction shall be made for any Team, Cart or Cartage, Horse, other Beast or Loading, proportionable to the damage sustained as aforesaid. 3. And for the prevention of danger, A. 58. which may come by the insufficiency of Bridges and Passages which lie upon Town Highways, the care whereof doth belong either to the Town or particular Persons to repair, who many times cannot procure Workmen to do the same: Power to press workmen to repair Bridges. It is therefore Ordered by this Court, That upon the complaint of any such Town or Person, to any one Magistrate, he shall hereby be empowered to issue out Warrants to the Constable, to impress such Workmen in their Town-ship, as shall be needful to secure and repair the same, who shall be paid for their work, either by the Town or Persons, to whom such Bridges or Passages do belong. [1648. 51. 59] Burglary and Theft. Robbing in house, highways penalty. FOrasmuch as many Persons of late years, have been and are apt to be injurious to the Goods and Lives of others, notwithstanding all care and means to prevent and punish the same: It is therefore Ordered by this Court and the Authority thereof, That if any Person shall commit Burglary, by breaking up any dwelling house, or rob any person in the field or highways, such person so offending, shall for the first offence, be branded on the forehead with the letter (B) and if he shall offend in the same kind the second time, he shall be branded as before, and also be severely whipped; and if he shall fall into the like offence the third time, he shall be put to death, as being incorrigible. On the Lord's day. And if any person shall commit such Burglary, or rob in the fields or houses on the Lord's day, besides the former punishment of Branding, he shall for the first offence have one of his ears cut off; and for the second offence in the same kind, he shall lose his other ear in the same manner; and for the third offence he shall be put to death. [1642. 47.] Rob Orchard or Garden or steal goods. 2. For the prevention of Pilfering and Theft: It is Ordered by this Court and the Authority thereof; That if any person be taken or known to rob any Orchard or Garden; that shall hurt or steal away any Grafts or fruit Trees, Fruits, Linen, Woollen or any other goods left out in Orchards, Gardens, Backsides, or in any other place in house or fields, or shall steal any wood or other goods from the waterside, pay triple damage, from men's doors or yards; he shall forfeit triple damage to the owners thereof. or be whipped. And if they be children, or servants, that shall trespass herein, if their parents or masters will not pay the penalty before expressed, they shall be openly whipped. And forasmuch as many times it so falls out that small thefts and other offences of a criminal nature are committed both by English and Indians in towns remote from any prison or other fit place to which such malefactors may be committed until the next Court. One Magistrate may determine such easès. It is therefore ordered that any magistrate, upon Complaint made to him may hear, and upon due proof determine, any such small offences of the aforesaid nature according to the Laws here established, and give warrant to the Constable of that Town where the offender lives to levy the same; Provided the damage or fine exceed not forty shillings; Provided also it shall be lawful for either party to Appeal to the next Court to be holden in that Jurisdiction, giving sufficient caution to prosecute the same to effect, at the said Court. And every Magistrate shall make a return yearly to the County Court where he liveth, of what cases he hath so ended. Magistrate and Constables to return to the County Court. And also the Constables of all such fines as they have received. And where the offender hath nothing to satisfy, such Magistrate may punish by stocks or whipping, as the cause shall deserve, not exceeding ten stripes; It is also Ordered, Servants and Workmen. that all Servants and Workmen imbezling the goods of their Masters or such as set them on work, shall make restitution, and be liable to all Laws and penalties as other mèn. [1646.] 3. It is further Ordered by this Court; A. 52. p. 10. That what person soever shall steal from any person, any Coin, Goods or Chattels, to the value of ten shillings or upward, shall be whipped, or pay such a sum or sums of money as the Court or Magistrate, Stealing above ten shillings. that hath proper cognizance thereof shall adjudge to be sufficient to satisfy all costs and charges of the Court and Country in prosecuting and trying the said offender, to the use of the common Treasury; and for smaller thefts, Constable to make search for goods stolen. it is left to the discretion of the Judge or Judges that shall have cognizance of the crime, to appoint smaller mulcts or punishments, or only legal Admonitions as they shall find cause. And further it is declared and Ordered, That when any Goods are stolen from any person, the Constable of the Town, by warrant from Authority, shall search for the same, in any suspected places or houses, and upon search or otherwise, if he shall find the same or any part thereof, or any ground of suspicion appearing to the Officer, Concealing of theft and receiving satisfaction privately. he shall bring the Delinquent or suspected party to a Magistrate to be proceeded with according to the Law. And if any person having goods stolen from him, shall privately receive his said stolen goods (except the fact be private, penalty. or committed by some member of his own family) and so smother the theft, and shall not legally prosecute the Offender, he shall forfeit to the common Treasury the Goods or Chattels so received or the true value thereof. [1652.] CAPITAL LAWS. IF any man after Legal Conviction shall HAVE or WORSHIP any other God but the LORD GOD, Idolatry. he shall be put to death, Exod. 22.20. Deut 13.6, 10. Deut 17.2, 6. 2. If any Man or Woman be a WITCH, Witchcraft. that is, Hath or Consulteth with a familiar Spirit they shall be put to death, Exod. 22.18. Levit. 20.27. Deut. 18.10, 11. 3. If any Person within this Jurisdiction, Blasphemy. whether Christian or Pagan, shall wittingly and willingly presume to BLASPHEME the holy name of God, FATHER, SON, or HOLY-GHOST, with direct, express, presumptuous, or high-handed Blaspemy, 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 politic devise; to keep ignorant men in awe; or shall utter any other kind of Blasphemy of the like nature and degree, they shall be put to death, Levit. 24.15, 16, 4. If any person shall commit any wilful MURDER upon premediate malice, Murder. hatred or cruelty, not in a man's necessary and just defence, nor by mere casualty against his will, he shall be put to death, Exod. 21.12, 13. Numb. 35.31. 5. If any person slayeth another suddenly, in his ANGER or CRUELTY of passion, he shall be put to death, Levit. 24.17. Numb. 35.20, 21. 6. If any person shall slay another through guile, Poisoning. either by POISONING or other such Devilish practice, he shall be put to death, Exod. 21.14. 7. If any Man or Woman shall LIE with any BEAST or Bruit Creature, Bestiality. by carnal Copulation, they shall surely be put to death, and the Beast shall be slain and buried, and not eaten, Levit. 20.15, 16. 8. If any Man LIETH with MANKIND as he lieth with a Woman, Sodomy. both of them have committed Abomination, they both shall surely be put to death, unless the one party were forced, or be under fourteen years of age, in which case he shall be severely punished, Levit. 20.13. 9 If any Person COMMIT ADULTERY with a Married or Espoused Wife, Adultery. the Adulterer and the Adulteress shall surely be put to death, Levit. 20.19. & 18.20. Deut. 22.23, 27. 10. If any man STEALETH A MAN or Mankind, Man-stealing. he shall surely be put to death, Exod. 21.16. False witness 11. If any Man rise up by false-witness wittingly, and of purpose to take away a man's Life, he shall be put to death, Deut, 19.16. & 18.16. 12. If any Man CONSPIRE and ATTEMPT any INVASION, Conspiracy. INSURRECTION or public REBELLION against our Commonwealth: or shall endeavour to surprise any Town or Towns, Rebellion. Fort or Forts therein; or shall Treacherously and perfidiously attempt the Alteration and Subversion of our frame of Polity or Government fundamentally, he shall be put to death, Numb. 16. 2 Sam. 3. 2. Sam. 18. 2 Sam. 20. Children curse or smite Parents. 13. If any Child or Children above sixteen years old, and of sufficient understanding, shall CURSE or SMITE their natural FATHER or MOTHER, he or they shall be put to death, unless it can be sufficiently testified, that the Parents have been very unchristianly negligent in the education of such Children, or so provoked them by extreme and cruel Correction, that they have been forced thereunto to preserve themselves from Death or Maiming, Exod. 21.17. Levit. 20.9. Exod. 21.15. Rebellious Son. 18. If a Man have a STUBBORN or REBELLIOUS SON of sufficient years of understanding (viz.) sixteen years of age, which will not obey the voice of his Father, or the voice of his Mother, and that when they had chastened him, will not hearken unto them, then shall his Father and Mother, being his natural Parents lay hold on him, and bring him to the Magistrates assembled in Court, and testify unto them, that their Son is stubborn and rebellious, and will not obey their voice and chastisement, but lives in sundry and notorious Crimes: such a son shall be put to death, Deut. 22.20, 21. 15. If any Man shall RAVISH any maid, or single Woman, Rape. committing Carnal Copulation with her by force, against her own will; that is above the age of ten years, he shall be punished either, with death or with some other grievous punishment according to circumstances, as the Judges or General Court shall determine, [1649.] 17. Foresmuch as Carnal Copulation with a Woman Child, under the age of ten years, is a more heinous sin then with one of more years, Rape of a Child. as being more inhuman and unnatural in itself, and more perilous to the life and well-being of the Child: It is therefore Ordered by this Court and the Authority thereof, that whosoever he be shall commit or have Carnal Copulation with any such Child under ten years old, and be legally convicted thereof, he shall be put to death. [1669.] Non-appearance in a Capital Crime. 17. If any person shall be Indicted for any CAPITAL CRIME, (who is not then in durance) and shall refuse to render his person to some Magistrate within one month after three Proclamations publicly made in the Town where he usually abides, there being a month between Proclamation and Proclamation: his Lands and Goods shall be seized to the use of the Common Treasury, till he make his lawful appearance. And such withdrawing of himself, shall stand in stead of one witness to prove his Crime, unless he can make it appear to the Court that he was necessarily hindered. [1646.] Cask and Cooper. Gager. Packer. IT is Ordered by this Court and the Authority thereof; That all Cask used for any Liquor, Fish, Beef, Pork, or other Commodities to be put to Sale, Cask ●heir Assize and quality. shall be of London Assize, and of sound and well seasoned Timber; And that fit persons shall be appointed from time to time, in all places needful, Gagers' Fee. to Gauge all such Vessels or Cask, and such as shall be found of due Assize, shall be marked with the Gagers mark, who shall have for his pains four pence per Tun. Cooper's mark. And every Cooper shall have a distinct Brand mark on his own Cask, upon the penalty of forfeiture of twenty shillings. A. 51. p. 2. And whosoever shall put to Sale any new Cask, being defective, either in Workmanship, Timber or Assizes as aforesaid, upon due proof made before any one Magistrate, he shall forfeit such Cask to the Informer, Defective Cask forfeit. and be fined to the use of the Country ten shillings per Tun, and so proportionably for greater or lesser Cask. And because there may be no neglect in the choice of a Gager or Packer; It is Ordered, that every Town within this Jurisdiction, wherein any Cask are made, shall yearly make choice of a fit man for that employment, Choice of Gager and Packer. who being presented by the Constable within one Month after the choice made, before any one Magistrate, shall there take his Oath belonging to his place, which if he shall refuse, he shall pay the sum of forty shillings, and another shall be chosen in his room. Backer must pack no good but in Cask of full Assize. Also the Town or Constable shall either of them suffer the like penalty for their neglect of this Order. And every Gager or Packer, shall see that all Cask he packs, Beef, Pork, Mackerel, Fish or other Goods is committed to his Care, be of true and full Assize, and that he packs the same in no other Cask whatsoever, on penalty of ten shillings for every Cask by him packed, that is or shall be defective in that respect, one half to the Informer and the other half to the Country. To prevent deceit in packing Beef & Pork, &c 2. And for the preventing deceit of any person in the packing of Fish, Beef and Pork to be put to Sale in this and other Jurisdictions: It is Ordered, That in every Town where any such Goods are packed up for Sale, the Gager or Packer of that Town, or of the Town wherein it is put to Sale or Shipped, shall see that it be well and orderly performed, that is to say, Beef and Pork, the whole, half or quarter, and so proportionably, that the best be not left out: And so Fish, Packers sees 4.5. pet Tun that they be packed all of one kind, and that all Cask so packed be full and found, and well seasoned, setting his Seal on all Cask so packed, and he shall recover of the owners for so packing and sealing, four shillings per Tun; but if the Gager do only view them, and find them good and sufficient, he shall set his Seal upon them, and have one shilling per Tun for so doing, and if such goods so packed, shall be put to sale without the Gagers mark, he shall forfeit the said Goods that so puts them to sale; Cask not marked forfeit. the one half to the Informer, the other half to the Country. [1641. 47.51.52.] To Regulate Coopersstaves. Whereas the Law tit. Pipe-staves, provides only for Pipe-staves for tied Cask, and that Hogshead-staves and Barrel staves both of white and red Oak, as well as for Pipe-staves, are frequently transported, and trafficked in payments, both to the Country Treasury, and otherwise; It is Ordered by this Court and the Authority thereof, That all Hogshead staves shall be in length three foot two inches, or upwards, not exceeding three foot four inches; and all Barrel staves shall be in length thirty one inches, Cooper's staves to be well dress. all well and even hewed ordressed sufficiently for use, as for Pipe-staves is expressed, whether of white or red Oak. And all Headings for Pipe-staves of any sort to be in length twenty eight inches; and for Hogsheads and Barrels, suitable to the Cask to be made thereof; and that it be inserted in the Oath appointed for Viewers of Pipe-staves, Any thing in the aforesaid Law to the contrary notwithstanding. Cattle Cornfields. Fences. Owner make good his Fence It is Ordered by this Court and the Authority thereof; That in all Corn fields, which are enclosed in Common, every party interested therein, shall from time to time make good his part of the fence, No Cattle to be put in till Corn be out and shall not put in any Cattle, so long as any Corn shall be upon any part of it, upon pain to answer all the damage that shall come thereby. [1647.] Occupiers of Land may Order Common Fields 2. Whereas it is found by experience, that there hath been much trouble and difference in several Towns, about the Fencing, Planting, sowing, Feeding and Ordering of Common fields; It is therefore Ordered by this Court and the Authority thereof; That where the Occupiers of the Land, or the greatest part thereof, cannot agree about the fencing or improvement of such their said fields, that then the Select men in the several Towns shall order the same, or in case where no such are, than the major part of the Freemen (with what convenient speed they may) shall determine any such difference as may arise upon any information given them by the said Occupiers, Liberty to Fence in several excepting such Occupiers Land shall be sufficiently fenced by itself, which any Occupier of Land may lawfully do. [1643. 47.] 3. Whereas this Court hath long since provided, that all men shall Fence their Corn, Meadow, ground and such like, against great Cattle, to the end the increase of Cattle especially of Cows and their breed should not be hindered, there being then but few Horses in the Country, which since are much increased, many whereof run in a sort wild, doing much damage in Corn and other things, notwithstanding fence made up according to the true intent of the Order in that case established, many whereof are unknown, most so unruly that they can by no means be caught or got into custody, whereby their owners might answer damages, and if sometimes with much difficulty and charge they be, they are in danger of perishing before the owner appears or can be found out, all which to Prevent; It is Ordered by this Court and the Authority thereof; That every Town and Peculiar in this Jurisdiction, Every Town to have a distinct mark for Cattle. shall henceforth give some distinct Brand-mark, appointed by this Court (a Copy of which marks, each Clerk or the Writs in every Town shall keep a Record) upon the Horn, or Left Buttock, or Shoulder of all their Cattle which feed in open Common without constant Keepers, whereby it may be known to what Town they do belong. Cattle not marked trespassing pay double damage. And if any Trespass not so marked, they shall pay double Damages: nor shall any person knowing, or after due notice given of any Beast of his to be unruly in respect of Fences, suffer such Beast to go common, or against Cornfields, or other impropriate enclosed grounds fenced as aforesaid, Unruly Cattle to go in Fetters. without such Shackles or Fetters as may restrain and prevent Trespass therein by them from time to time. And if any Horse or other Beast Trespass in any Corn or other enclosure, being Fenced in such sort as secures against Cows, Oxen and such like orderly Cattle; the Party or Parties Trespassed shall procure two sufficient Inhabitants of that Town, Harms to be viewed by sufficient men. of good repute and credit, to view and adjudge the harms, which the Owner of the Beast shall satisfy when known upon reasonable demand, Notice to be given to the owner of the Beast. whether the Beast were impounded or not: But if the Owner be known, and near residing, as in the same Town or the like, he shall forthwith have notice of the Trespass and Damage charged upon him, that if he approve not thereof, he may nominate one such man, who with one other chosen by the party damnified, as aforesaid, shall review and adjudge the harms; Provided they agree of damage within one day after due notice given, and that no after harms intervene to hinder it, which being forthwith discharged, together with the charge of the notice, former view and determination of damage, the first Judgement to be void, or else to stand good in Law; L. 2. P. 8. Provided notwithstanding, the party Trespassed shall not be barred of his Action, albeit the harms be not viewed and judged according to the direction aforesaid. And if any Cattle be found damage feizant, the party damnified may impound or keep them in his own private Close or Yard, till he may give notice to the owner, and if they cannot agree, the Owner may Replevie them, or the other party may return them to the owner, and take his remedy according to Law; L. 2. P. 8. yet in case of involuntary Trespasses, where such Trespasser shall pay, or Legally tender full recompense for all the damage done by him before any suit commenced, the Plaintiff shall recover no cost of his suit. And in all Trespasses or damages done to any man, In voluntary Trespass pay no cost. L. 1. P. 51. if it can be proved to be done by the mere default of him to whom the damage is done, it shall be judged no Trespass, nor any damage given for it. [1646] Goats pay double damage 4. For all harms done by Goats, there shall be double damage allowed, and when any Goats are taken in Corn or Gardens, the owner of such Corn or Garden; may keep and use the said Goats till full satisfaction be made by the owners. [1646.] 5. Forasmuch as Complaints have been made of a very evil Practice of some disordered Persons in the Country, who use to take other men's Horses, sometimes upon the Commons, and sometimes out of their own Grounds and Enclosures, & ride them at their pleasure without any leave or privity of the Owners; It is therefore Ordered and Enacted by the Authority of this Court; That whosoever shall take any other man's Horse, Mare, Ass, Riding or wor●ing other me●s Horse or C●●●ie without leave. or drawing beast, either out of his enclosure, or upon any Common or elsewhere, (except such be taken damage feizant and disposed of according to Law) without leave of the Owner, and shall ride or use the same, he shall pay to the party wronged triple damages, or if the Complainant shall desire it, then to pay only ten shillings, P●●lty tr●ble damage or whip. and such as have not to make satisfaction, shall be punished by whipping, imprisonment or otherwise, as by Law shall be adjudged, and any one Magistrate or County Court may hear and determine the same. [1647.] 6. For the better preserving of Corn from damage, by all kind of Cattle, and that all Fences of Cornfields, may from time to time be sufficiently upheld and maintained; A. 53. P. 20. It is Ordered by this Court, That the Select men of all Towns, shall make wholesome Orders, Select men to order the repair o● Fences for the repairing of all Fences both general and particular, within their several Townships, excepting Fences belonging to Farms of one hundred Acres or above, and have power to impose fines upon all Delinquents, not exceeding twenty shillings for one offence; and if any Select men shall neglect to make Orders as aforesaid, they shall forfeit five Pounds to the use of the Town, and so for every Month's default from time to time, To appoint viewers of common Fences and the said Select men of every Town shall appoint, from year to year, two or more (if need require) of the Inhabitants thereof, to view the Common fences, of all their Cornfields, to the end, to take due notice of the real defects and insufficiency thereof, To give notice of defect to the Owners who shall forthwith acquaint the owners thereof with the same; and if the said Owners do not within six day's time or otherwise as the Select men shall appoint, sufficiently repair their said defective fences: Owners to repair within six days. then the said two or more Inhabitants appointed as aforesaid, shall forthwith repair or reniew them, and shall have double recompense for all their labour, care, cost and trouble, to be paid by the Owners of the said insufficient Fence or Fences, and shall have warrant from the said Select men, Else the viewers to mend them & have double recompense. directed to the Constable to levy the same, either upon the Corn or other estate of the Delinquent: Provided the defect of the Fence or Fences be sufficiently proved by two or three witnesses. [1647.] 7. Where Lands lie in Common unfenced, if one man shall improve his Land, by fencing in several, and another shall not, he who shall so improve, shall secure his Land against other men's Cattle, and shall not compel such as join upon him to make any Fence with him, except he shall also improve in several as the other doth. P●rtition Fence between neighbours, born by both. And where one man shall improve before his neighbour, and so make the whole Fence, if after his said neighbour shall improve also, he shall then satisfy for hall the others Fence against him, according to the present value, and shall maintain the same; and if the first man shall after lay open his said field, than the said neighbour shall enjoy his said half Fence so purchased to his own use, and shall also have liberty to buy the other half Fence, paying according to present valuation, to be set by two men chosen, by either party one: the like Order shall be where any man shall improve Land against any Town-Common. Provided this Order shall not extend to House Lots not exceeding ten Acres, House Lot's Fences. but if such one shall improve, his neighbour shall be compellable to make and maintain one half of the Fence between them, whether he improve or not. Insufficient Fence no damage except by Swine and Calves. Provided also, no man shall be liable to satisfy for damage done in any ground not sufficiently fence, except it shall be for damage done by Swine, or Calves under a year old, or unruly Cattle which will not be restrained by ordinary Fences, or where any man shall put his Cattle, or otherwise voluntarily Trespass upon his neighbour's ground: and if the party damnified find the Cattle damage feizant, he may impound or otherwise dispose of them. [1642] FENCE. Whereas the Laws published concerning Fences and Cattle, being in the second Edition, transported from their first order and method, much difficulty doth many times arise concerning the true meaning thereof, whereby great damages do accrue to many of the Inhabitants, and consequently to the Country: For prevention whereof; This Court doth Order and Enact, That where any Cattle shall Trespass on any propriety, Fence to secure Corn Fields. not appearing to be sufficiently Fenced, against Swine sufficiently yoked and ringed, or Cows and such Cattle as will be restrained by a sufficient Fence, in the judgement of the viewers of the Fences, as Pag. 11. Sect. 6. in all such cases the Owners of the Fence, or of the Land, shall bear all such damages, as to them thereby sustained, any thing in the said Order, or any other Law, Custom or Usage to the contrary notwithstanding. [1662.] Causes Small Causes. One Magistrate may end causes under 40. s. FOR easing the Charge and Encumbrance of Courts by small Causes; It is Ordered by this Court and Authority thereof; That any Magistrate in the Town where he dwells, may hear and determine by his discretion (not by Jury) according to the Laws here established, all causes arising in that County, wherein the Debt, Trespass or Damage, doth not exceed Forty shillings, who may send for parties and witnesses by Summons or Attachment directed to the Marshal or Constable, who shall faithfully execute the same. Three Commissioners in Towns to end small causes. And it is further Ordered, that in such Towns where no Magistrate dwells, the Court of Assistants or County Court, may from time to time upon request of the said Towns, signified under the hand of the Constable, appoint three of the Freemen as Commissioners in such cases, any two whereof, shall have like power to hear and determine all such causes wherein either party is an Inhabitant of that Town, who have hereby power to send for Parties and Witnesses, by Summons or Attachment directed to the Constable, as also to Administer Oaths to Witnesses, and to give time to the Defendant to Answer if they see cause; and if the Party Summoned refuse to give in his Bond or Appearance; or sentenced, refuse to give satisfaction, where no goods appear in the same Town where the Party dwells, they may charge the Constable with the party, to carry him before a Magistrate or Shire Court (if then sitting) to be further proceeded with according to Law, L. 1. p. 46. but the said Commissioners may not commit to Prison in any case. And where the Parties live in several Towns, the Defendant shall be liable to be sued in either Town at the liberty of the Plaintiff. 2. And forasmuch as the Magistrates are under an Oath of God, for dispensing equal justice according to Law; It is Ordered by the Authority aforesaid, that all Associates for County Courts; when and where there shall be any, and all such Commissioners Authorized as aforesaid, Associates and Commissioners to be sworn. shall be sworn before each County Court or some Magistrate in that County, unto the faithful discharge of the trust and power committed to them. And it is further Ordered, That in all small Causes as aforesaid, where only one Magistrate dwells in the Town, and the Cause concerns himself, as also in such Towns where no Magistrate is, and the Cause concerns any of the three Commissioners, that in such cases the Select men of the Town, shall have power to hear and determine the same, Select men to try Causes. and also to grant execution for the levying and gathering up such damages for the use of the person damnified, as one Magistrate or three Commissioners may do. And no Debt or Action proper to the Cognizance of one Magistrate or the three Commissioners as aforesaid, L. 1. p. 4. shall be received into any County Court, but by Appeal from such Magistrate or Commissioners, County Court to reject all Actions under 40. s. except in cases of Defamation and Battery. [1647. 49.] 3. Whereas by reason of the concourse of People, and increase of trade in the Town of Boston, Suits at Law are grown more frequent, A. 51. p. 6. where the County Courts are much prolonged, and forasmuch as many crimes are also committed in the said Town, by strangers and others, which often escape unpunished; For the prevention whereof, Commissioners of Boston. It is Ordered by this Court and the Authority thereof, that there be seven Freemen resident in Boston, annually chosen by the Freemen of the said Town, and presented to the Court of Assistants, who hereby have power to Authorise the said seven Freemen to be Commissioners of the said Town, to act in things committed to their trust, Chosen. as is hereafter expressed; who shall from time to time be sworn before the said Court, Sworn. or the Governor, Deputy Governor or any two Magistrates. And this Court doth hereby give and grant Commission and Authority unto the said seven men, or any five of them, or any three of them with one Magistrate to hear and determine all Civil Actions which shall be brought before them, not exceeding the sum of Ten Pounds, Power in civil Cases to ten pounds. arising within the neck of Land on which the Town is Scituate, as also on Noddles Island, or betwixt any persons where both parties, shall be Inhabitants or Residents within the said Neck or Noddles Island aforesaid, or where either party shall be an Inhabitant or Resident aforesaid; Provided they keep a Book of Records for the entry of all Causes, Evidences, Testimonies, Sentences and Judgements as the Law provides in like Cases; which said Commissioners are Authorized annually, to appoint a Clerk of their Court and to demand and receive of every Plaintiff in all Cases or Actions not exceeding Forty shillings, the sum of three shillings four pence; and for all other Actions, the sum of ten shillings; and for all other things the accustomed fees; and the said Commissioners shall from time to time publish their Court days, as the three Commissioners in Towns are bound to. And for the discovery, prevention and punishment of Misdemeanours in the Town of Boston; In Criminal Cases. Power and Authority is hereby given and granted to the said Commissioners, and every of them, by Warrant under their or his hand, to convent before them, or any of them, all such persons as shall be complained of for such offences, or otherwise brought to their cognizance, and to hear and determine the same, according to the Laws here established as any Magistrate may do, Provided the fines imposed by them, do not exceed forty shillings for one offence. And that the said Commissioners may the better and more diligently endeavour the suppressing of sin and misdemeanours, and the breach of the peace in the said Town; Their Commission shall be from time to time, under the hand of the Secretary of the General Court. Officers required to assist the Commissioners And also all Marshals, Constables and other Inhabitants respectively, are required to be aiding and assisting our Commissioners aforesaid in this behalf. And that no person may be discouraged or damnified by this Commission; It shall be lawful for any person to Appeal from the Sentence of all or any of them to the Court of Assistants. [1651.] 4. And because the Commissioners in the the several Towns have Power of Judicature, A. 4. P. 2. the exercise whereof is of great concernment, both to Towns and Country; None to be Commissioner but such as are approved. It is therefore Ordered, that henceforth there shall be none admitted to be a Commissioner for any Town in this Jurisdiction, but such whose conversation is inoffensive, and whose fidelity to the Country is sufficiently known and approved of by the County Court of that Shire. [1654.] Charges Public. None to be employed in public service at their own charge IT is Ordered by this Court and the Authority thereof, That no Governor, Deputy Governor, Assistant, Associate, Grand or Petty Jury man at any Court, nor any Deputy for the General Court, nor any Commissioners for Military Discipline at the time of their public meetings, shall at any time bear his own charges, but their necessary expenses shall be defrayed, either by the Town, or the Shire on whose service they are, or by the Country in general. [1631. 41.] 2. The Court considering the necessity of an equal Contribution to all common charges in Towns; Every Inhabitant to pay to all charges in Church and Commonwealth Doth Order, That every Inhabitant shall Contribute to all Charges both in Church and Commonwealth, whereof he doth or may receive benefit: And every such Inhabitant who shall not Contribute proportionably to his ability to all common Charges, both Civil and Ecclesiastical, shall be compelled thereunto, by Assessment and Distress, to be levied by the Constable or other Officer of the Town; and the Lands and Estates of all men wherein they dwell) shall be Rated for all Town charges, both Civil and Ecclesiastical (as aforesaid) where the Lands and Estates shall lie, Lands & Estates to pay-where they lie. and their persons where they dwell. 3. For a more equal and ready way of raising means for defraying the public charges, and for preventing such inconveniences as have fallen out upon former Assessments; Country Rate It is Ordered and Enacted by the Authority of this Court; That the Treasurer for the time being, shall from year to year in the fifth Month, without expecting any other Order, Treasurer's warrant to the Constable. send his warrants to the Constable and Select Men of every Town within this Jurisdiction, requiring the Constable to call together the Inhabitants of the Town, who being so assembled, shall choose some one of their Freemen to be a Commissioner for the Town, who together with the Select men, for their prudential affairs, shall some time in the sixth Month than next ensueing, Persons & estates to be valued in the sixth month. make a List of all the Male persons in the same Town from sixteen years old and upwards, and a true estimation of all personal and real estates, being or reputed to be the estate of all and every the persons in the same Town, or otherwise under their custody or managing according to just valuation, and to what persons the same do belong, whether in their own Town or elsewhere, so near as they can by all lawful means which they may use, viz. of Houses, Lands of all sorts, as well broken up as other (except such as doth or shall lie common for free feed of Cattle, to the use of the Inhabitants in general, whether belonging to Towns or particular Persons, but not to be kept or herded upon to the damage of the Proprietors,) Mills, Ships and all small Vessels Merchantable, Goods, Cranes, Wharves, and all sorts of Cattle, and all other known Estate whatsoever, either at Sea or on Shore; all which Persons and Estates are by the said Commissioners and Select men to be assessed and rated as here followeth, viz. every Person aforesaid (except Magistrates and Elders of Churches) one shilling and eight pence by the head, and all Estates, both real and personal, Persons at 1. s. 8 d. per head at one penny for every twenty shillings, according to the Rates of Cattle hereafter mentioned. Estates at one p●nny per pound The Estates of all Merchants, Shopkeepers and Factors, A. 51. p. 1. shall be Assessed by the Rule of common estimation, according to the Will and Doom of the Assessors, having regard to their Stock and Estate, Merchants rated by will & doom be it presented to view or not, in whose hands soever it be; and if any such Merchants find themselves over valued, if they can make it appear to the Assessors, A. 57 p. 23. they are to be eased by them, if not, by the next County Court; Rate of house & lands. And Houses and Land, of all sorts (except as aforesaid) shall be rated at an equal and indifferent value, according to their worth in the Towns and Places where they lie. Also every Bull and Cow of four years old and upward at three pounds, Heifers and Steers between three and four years old at fifty shillings, Rate of Cattle. and between two and three years old at forty shillings,, and between one and two at twenty shillings, and every Ox of four years old and upward at five pounds, every Horse and Mare of three years old and upward five pounds, between two and three at three pounds, of one year old and upwards at thirty shillings; every Ewe sheep above one year old at ten shillings, every Goat above a year old at eight shillings, every Wether sheep above one year old at ten shillings; every Swine above one year old at twenty shillings; Every Ass above one year old at forty shillings: And all Cattle of all sorts under a year old, are hereby exempted; as also all Hay and Corn in the Husbandman's hand, because all Meadow, arable Ground and Cattle are Rateable as aforesaid. And for all such persons as by the advantage of their Arts and Trades, are more enabled to help bear the public charge then common labourers and Workmen, Artificers and Handicrafts Rated. as Butchers, Bakers, Brewers, Victuallers, Smiths, Carpenters, Tailors, Shoemakers, Joiner's, Barbers, Millers and Masons, with all other manual persons and Artists, such are to be rated for returns and gains, Impotant persons exempted. proportionable unto other men for the produce of their Estates; Provided that in the Rate by the Poll, such persons as are disabled by sickness, lameness or other infirmity shall be exempted. And for such Servants and Children as take not wages, their Parents and Masters▪ shall pay for them, but such as take wages shall pay for themselves. Commissioners meet at the shire Town. And it is further Ordered, That the Commissioners for the several Towns, in every Shire, shall yearly upon the first fourth day of the week in the seaventh Month, assemble at their Shire Town, and bring with them fairly written the just number of Males listed as aforesaid, and the Assessments of Estates made in their several Towns, according to the Rules and Directions in this present Order expressed; and the said Commissioners being so assembled, To perfect the Assessments. shall duly and carefully examine all the said Lists and Assessments of the several Towns in that Shire, and shall correct and perfect the same, according to the true intent of this Order, as they or the major part of them shall determine, and the same so perfected, they shall speedily transmit to the Treasurer under their hands, or the hands of the major part of them; and thereupon the Treasurer shall give warrants to the Constables to collect and levy the same; so as the whole Assessment, both for Persons and Estates, may be paid in unto the Treasurer before the twentieth day of the ninth Month yearly: And every one shall pay their Rate to the Constable in the same Town where it shall be Assessed, (nor shall any Land or Estate be Rated in any other Town but where the same shall lie, Constables to Collect in the ninth month. or was improved to the Owners, reputed Owners, or other Proprietors' use or behoof, if it be within this Jurisdiction) And if the Treasurer cannot dispose of it there, the Constable shall send it to such place in Boston, or elsewhere, as the Treasurer shall appoint, at the charge of the Country, to be allowed the Constable upon his account with the Treasurer, and for all peculiars, viz. such places as are not yet laid within the bounds of any Town, the same Lands with the Persons and Estates thereupon, shall be Assessed by the Rates of the Town next unto it, Peculiars to be Assessed at the next Town. the measure or estimation shall be by the distance of the meeting houses. And if any of the said Commissioners, or of the Select men, shall wittingly fail or neglect to perform the trust committed to them by this Order, in not making, correcting, perfecting or transmitting any of the said Lists or Assessments according to the intent of this Order; Commissioners or Select men's failings Every such Offender shall be fined forty shillings for every such offence, or so much as the Country shall be damnified thereby, Forfeit 40. s. so it exceed not forty shillings for one offence, provided such offence be complained of and prosecuted within six months. And it is further Ordered, that upon all Distresses to be taken for any of the Rates and Assessments aforesaid, the Officer shall distrein Goods or Cattle if they may be had, and if no Goods, than Lands or Houses, if neither Goods nor Lands can be had within the Town where such Distress is to be taken, then to Attach the body of such persons to be carried to Prison, there to be kept till the next Court of that Shire, except they put in security for their appearance there, or that payment be made in the mean time. And it is Ordered, that the prizes of oll sorts of Corn, to be received upon any Rate by virtue of this Order, shall be such as this Court shall set from year to year, and in want thereof at price currant, to be judged by the Commissioners of Essex, Middlesex and Suffolk. And it is further Ordered, that no Estate of Land in England, shall be Rated in any public Assessment; And it is hereby Declared, Land in England Rate f●●e that by public Assessment and Rates, is intended only such as are Assessed by Order of the General Court for the Country's occasion and no other. [1646. 47, 51, 57] 4. It is Ordered; that every Constable within this Jurisdiction, A. 56. P. 11 shall on the penalty of five pounds; clear up all their Accounts with the Treasurer, for the Rates of their several Towns, by the first of May yearly, Constables to clear their Accounts with the Treasurer by the first of May. and they and every of them are empowered to press boats or carts, for the better and more speedy sending in their Rates, according to the time appointed. And if any Constable shall not have Collected the Rates and Assessments, committed to his charge by the Treasurer, L. 1. P. 46. during the time of his Office, that he shall, notwithstanding the expiration of his Office have power to Levy by distress, all such Rates and Levies; Constable after the expiration of his Office ha●● power to Collect Rates. and if he bring them not in to the Treasurer to his warrant, the Treasurer shall distreyn such Constable's goods for the same. Treasurer may distrein in the Constable or any other Inhabitant. And if the Treasurer shall not so distreyn the Constable, he shall be answerable to the Country for the same: And if the Constable be not able to make payment, it shall be lawful for the Treasurer to distreyn for all arrearages of rates and leavyes, any man or men of that Town where the Constables are unable, and that man or men upon petition to the General Court, shall have Order to Collect the same again equally of the Town, with his just damages for the same. [1640. 56.] RATING STRANGERS. THis Court understanding that several Gentlemen Merchants strangers, in the beginning of every year, frequently coming into these parts, and bringing great store of English and other goods of all sorts to great value; and usually making up their markets to their great advantage before the Sixth Month, when the Rates, or Order for the Collecting of them by Law is to issue out, (not without a considerable disadvantage to the Merchants and Shopkeepers, Residents and Inhabitants of this Colony, who have born the heat of the day, and are fain to be at all the charge for supporting of the Government) and the said Merchants strangers takeing the chief of the benefit of the Trade, and make their escapes without any payment to support the Government of this place, under, and by which they reap so great advantage to themselves: It is therefore Ordered, Order for Assessments on Strangers, that it shall be henceforth lawful for the Select men of each Town, where such Strangers are, or shall be, to assess all such Strangers, according to the Cargoes they shall bring into this Country: Or in case of their refusal, to give a true Account of their Estate to the Select-men; then the said Select-men shall, and hereby are empowered to make their Assessment on all such Strangers in any Month of the Year, yearly, in proportion to a single Rate by will and doom, as the Inhabitants of this Country are used to be rated; and for nonpayment, by the Constables to Levy their said Assessments, as in other cases, by Warrant from the said Select-men. [1665.] For prevention of differences between Treasurer and Constables FOR the preventing of differences arising between the Treasurer of the Country and the Constables of the Towns, in Collecting and receiving the Country Rate, and of great damage thereby happening to the Country; It is Ordered by this Court, that where any pay is tendered, the price whereof is not determined by this Court, the place of Apprisement shall be where the payment is tendered to the Treasurer, or his Order by men indifferently, chosen, as the Law directs. [1667.] IT is Ordered by this Court and the Authority thereof, that henceforth the Ministers of God's Word, regularly Ordained over any Church of Christ, Ministers of God's word Rate free. Orderly gathered and Constituted; shall be freed from all Rates for the Country, County and Church, and for the Town also, except where by special Contract with the Town they have consented thereunto: Provided this freedom shall extend only to such estate as is their own proper estates, and under their own Custody and improvement. [1671.] Children and Youth. FOrasmuch as the good Education of Children is of Singular behoof and benefit to any Commonwealth, and whereas many Parents and Masters are too indulgent and negligent of their duty in that kind; Select men's care that all children may be taught to Read. It is Ordered, that the Select men of every Town, in the several Precincts and quarters where they dwell, shall have a vigilant eye over their brethren and neighbours, to see, First that none of them shall suffer so much Barbarism in any of their families, as not to endeavour to teach, by themselves or others, their Children and Apprentices, so much learning, as may enable them perfectly to read the English tongue, and knowledge of the Capital Laws: upon penalty of twenty shillings for each neglect therein. Also that all Masters of families, do once a week (at the least) Catechise their children and servants in the Grounds and Principles of Religion, and if any be unable to do so much; And Catechised that then at the least they procure such children and apprentices, to learn some short Orthodox Catechism▪ without book, that they may be able to answer unto the questions that shall be propounded to them out of such Catechism, by their Parents or masters, or any of the Select men when they shall call them to a trial, of what they have learned in that kind. And farther that all Parents and Masters do breed and bring up their chilrens and apprentices in some honest lawful Calling, Labour or employment, either in husbandry or some other trade, Children to be brought up in some calling. profitable for themselves and the Commonwealth, if they will not or cannot train them up in learning, to fit them for higher employments. And if any of the Select men; after admonition by them given to such masters of families, shall find them still negligent of their duty in the particulars afore mentioned, Unruly children plac●d cut by Select men. whereby Children and servants become rude, stubborn, and unruly: the said Select men with the help of two Magistrates, or the next County Court for that Shire, shall take such children or apprentices from them, and place them with some Masters for years, (boys till they come to twenty one, and girls eighteen years of age complete) which will more strictly look unto, and force them to submit unto Government, according to the rules of this Order, if by fair means and former instructions they will not be drawn unto it. [1642.] 2. Forasmuch as it appeareth by too much experience, that divers Children and Servants, A. 54. P. 6. do behave themselves disobediently and disorderly towards their Parents, Masters and Governors; to the disturbance of families, and discouragement of such Parents and Governors; Disobedient Children & Servants punished by one Magistrate It is Ordered by this Court and Authority thereof, That it shall be in the Power of any one Magistrate, by warrant directed to the Constable of that Town where such offender dwells, upon complaint, to call before him any such offender, and upon conviction of such misdemeanours, to sentence him to endure such Corporal punishment, by whipping or otherwise, as in his judgement the Merit of the fact shall deserve, not exceeding ten stripes for one offence, or bind the offender to make his appearance at the next County Court; Or by the Commissioners. And further it is also Ordered, that the Commissioners of Boston, and the three Commissioners of each Town where no Magistrate dwells, shall have the like Power; Provided that the person or persons so sentenced, shall have liberty to make their Appeal to the next County Court, in any such cases. 3. Upon Information of divers lose, vain and corrupt persons, both such as come from Foreign parts, as also some others here inhabiting or residing, A. 51. P. 4. which insinuate themselves into the fellowship of the young people of this Country, drawing them both by night and by day, from their callings, studies and honest occupations, and lodging places, to the dishonour of God, and grief of their Parents, Masters, Tutors, Guardians and Overseers &c: It is Ordered by this Court and the Authority thereof, That whosoever shall any ways cause or suffer any Young people or persons whatsoever, whether Children, servants, apprentices, Persons under government not to be entertained in common houses. Scholars belonging to the College, or any Latin school, to spend any of their time or estate, by night or by day, in his or their Company, Ship or other vessel, Shop or house, whether Ordinary, Tavern, victualling house, Cellar or other place where they have to do, and shall not from time to time, discharge and hasten all such Youths to their several employments and places of abode, or lodging aforesaid, if their being in any such place be known to them, or any other servant or help in the family, or supplying the place of a servant at Sea or on land: that then such person, householder,, shopkeeper, shipmaster, ordinary-keeper, taverner, victualler, or other; shall forfeit the sum of forty shillings upon legal conviction before any Magistrate, On penalty of forty shillings. Commissioners Authorized to end small causes, one half to the informer, the other half to the Country; and all Constables in their several Limits are Required to Act herein as is provided in reference to the Law concerning Innkeeper's. 4. Whereas sundry Gentlemen of quality, and others, oft times send over their Children into this Country to some friends here, hoping (at least) thereby to prevent their Extravagant and riotous courses; who notwithstanding (by means of some unadvised or ill affected persons, which give them credit, in expectation their friends either in favour to them, or prevention of blemish to themselves, will discharge their debts) they are no less lavish and profuse here, to the great grief of their friends, 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 years of age, without order from their friends here or else where under their hands in writing, they shall lose their debt what ever it be; And further, if such Youth or person incur any penalty by such means, 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 &c. 5. If any person shall wilfully and unreasonably deny any Child, timely or convenient marriage, or shall excercise any unnatural severity toward them; such children shall have liberty to complain 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 years. [1646.] Surgeons, Midwives, Physicians. FORasmuch as the Law of God allows no man to impair 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, employed at any time about the bodies of men, women or children, for preservation of life or health; as Surgeons, Midwives, Physicians 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 etc. 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 skilful 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 patiented 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 lawful use of their skill, but rather to encourage and direct them in the right use thereof, and inhibit and restrain 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 bodies of young or old, one or other, to the prejudice or hazard of the life or limb of man, woman or child. [1649] Clerk of the Writts. IT is Ordered by this Court and Authority thereof; That (notwithstanding every Magistrate hath power to grant Warrants, L. 2. P. 13. Summons and Attachments) in every Town within this Jurisdiction, there shall henceforth be a Clerk 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 Plaintiff, 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 Suit, 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 Towns where there is no Marshal dwelling. [1641] It is Ordered, Clerk of the Writts to Respond the Marshals fees of 3 d Attachment. That henceforth the Clerk of the Writts shall demand of such as receive Attachments of them, three pence a piece more than formerly, in behalf of the Marshal General, which shall be in lieu 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] COLLEGE. Whereas through the good hand of God upon us, there is a College founded in Cambridge in the County of Middlesex, called Harvard College; for the encouragement whereof, this Court hath given the Sum of four hundred pounds, and also the Revenue of the Ferry betwixt Charles-town and Boston; and that the well Ordering and managing of the said College is of great concernment; It is therefore Ordered by this Court and the Authority thereof, That the Governor, and Deputy Governor for the time being, and all the Magistrates of this Jurisdiction, Commissioners and Fe●s fees of the College. together with the teaching Elders of the six next adjoining Towns, viz: Cambridge, Watertowne, Charles-towne, Boston, Roxbury and Dorchester, and the Precedent of the said College 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 College, and several members thereof, from time to time, in Piety, Morality and Learning, and also to dispose, Dispose of Gifts and Revenues. order and manage to the use and behoof of the said College and members thereof, all Gifts, Legacies, Bequeathes, Revenues, Lands and Donations, as either have been, are, or shall be Conferred, Bestowed, or any ways shall fall, or come to the said College. And whereas it may come to pass, that many of the said Magistrates and said Elders may be absent, or otherwise employed about other weighty Affairs, when the said College may need their present Help and Counsel; It is therefore Ordered, that the greater number of Magistrates and Elders, which shall be present with the Precedent, shall have the Power of the whole; Provided that if any Constitution, Order or Orders by them made, shall be found hurtful unto the said College, or the members thereof, or to the Weal-public, 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 goodness of God towards his-People in this Wilderness, A. 54. P. 2. in raising up Schools of Learning, and especially the College, from whence there hath sprung many Instruments, both in Church and Commonwealth, both to this and other places: And whereas at present the work of the College hath been several ways obstructed, and seems yet also at present, for want of comfortable maintenance, for the encouragement of a Precedent: This Court takeing the same into their serious consideration, and finding that though many Propositions have been made for a voluntary Contribution, yet nothing hath hitherto been obtained from several persons and Towns, although some have done very liberally and freely, and fearing lest we should show ourselves ungrateful to God, or unfaithful to posterity, if so good a Seminary of Knowledge and Virtue should fall to the ground through any neglect of ours; It is therefore Ordered by this Court and the Authority thereof, That (besides the Profit of the Ferry formerly granted to the College, which shall be continued) there shall be yearly Levied by Addition to the Country Rate one hundred pounds, One hundred pounds given by the Court to the Precedent and Fellows. to be paid by the Treasurer of the Country to the College Treasurer, for the behoof and maintenance of the Precedent and Fellows, to be distributed between the Precedent and Fellows according to the determination of the Overseers of the College, and this to continue, dureing the pleasure of the Country. And it is hereby Ordered, That no man shall stand engaged to pay his voluntary Contribution, that he hath under-written, by virtue of this Courts propositions, and that such persons as have already done voluntarily, shall be considered for the same in the Country Rate, such a proportion as this addition of one hundred pounds doth add to the Rate, to be allowed by the Constable to each person, and by the Treasurer to the Constable. [1659.] CONDEMNED. IT is Ordered by this Court; That no man Condemned to die, shall be put to Death within four days next after his condemnation, None to be executed within 4 days after Condemnation. unless the Court see special cause to the contrary, or in case of Marshal Law: nor shall the Body of any man so put to death, be unburied twelve hours, unless it be in case of Anatomy. [1641] It is Ordered by this Court and the Authority thereof, That the Secretary for the time being, shall from time to time, Sign all Warrants for the execution of persons sentenced to Death, Signing of Warrants for execution. either in the General Court or Court of Assistants: and that the Secretary or Clerk of every Court shall sign Warrants for executions in all other judgements of Courts Civil or Criminal; any Custom or usage to the contrary notwithstanding. [1668] CONSTABLES. IT is Ordered by this Court and Authority thereof, That the Constable shall Whip, Constable to whip. or Punish any to be punished by Order of Authority (where there is not another Officer appointed to do it) in their own Towns, unless they can get another to do it; A. 55. P. 26 Also every Constable is Impowered and hereby Enjoined, faithfully to Collect such Rates and Assessments as shall from time to time be committed unto them, To Collect town Rat. 〈◊〉. by the Select men of the several Towns, provided it be by Warrant under their hand. 2. It is further Ordered; That any and every Person tendered to any Constable of this Jurisdiction, by any Constable or other Officer, To convey of senders. of our own, or belonging to any Foreign Jurisdiction in this Country, or by Warrant from any such Authority; shall be presently received and conveyed forthwith from Constable to Constable, till they be brought to the place to which they are sent, or before some Magistrate of this Jurisdiction, who shall dispose of them as the justice of the cause shall require. Hues & cries to be pursued. And all Hues & cries shall be duly received and diligently pursued to full effect; And where no Magistrate is near, To be put forth by the Constable every Constable shall have full power to make, sign, and put forth, pursuites or Hues & cries, after Murderers, Manslayers, Peace-breakers, Thiefs, Robbers, Burglarers, and other Capital offenders, as also to Apprehend without warrant, Offenders to be Apprehended. such as are overtaken with Drink, Swearing, Sabbath-breaking, Lying, Vagrant persons, Nightwalkers; Provided they be taken in the manner, either by the sight of the Constable, or by present information from others. As also to make search for all such persons, either on the Sabbath day or other, when there shall be occasion, in all houses Licenced to sell either Beer or Wine, or in any other suspected or disordered places, and those to Apprehend and keep in safe custody, till opportuinity serve to bring them before one of the next Magistrates, to further examination; Provided when any Constable is employed by any of the Magistrates, for Apprehending of any person, he shall not do it without Warrant in writing; All to assist the Constable on penalty of 10. ●s. And if any person shall refuse to assist any Constable, in the execution of his Office, in any of the things afore mentioned, being by him required thereto, they shall pay for neglect thereof ten shillings, to the use of the Country, to be levied by Warrant from any Magistrate, before whom any such offender shall be brought, and if it appear by good testimony, Wilful neglect forty shilligs. that any shall wilfully, obstinately, or contemptuously refuse or neglect to assist any Constable as is before expressed, he shall pay to the use of the Country forty shillings. And that no man may plead ignorance for such neglect or refusal; It is Ordered, that every Constable shall have a Black staff, of five foot long, Tipped at the upper end about five inches with brass, Constable Staff. as a Badge of his Office, which he shall take with him when he goeth to discharge any part of his Office; which staff shall be provided at the charge of the Town, and if any Magistrate, Constable, or any other upon urgent occasion, Not raising Hue and cries in Capital c●s●s f●●●. shall refuse to do their best endeavour, in raising and prosecuting Hues & cries, by foot, and if need be by horse, after such as have committed Capital Crimes, they shall forfeit for every such offence to the use aforesaid forty shillings. [1646.] For the Regulating and settling the charge of prosecution of Hues & cries, It is Ordered, that what shall Arise by occasion of escape from the Countries prison, or flight from Authority to avoid the same, shall be paid by the Treasurer of the Country, and such as Arise by flying from any of our County prisons, or to escape any of them, shall be defrayed by the Treasurer of that County where the occasion did arise. Charge of Hues and cries. And such persons as procure Hues & cries upon their own particular occasions, shall bear all the charge arising therefrom; provided due accounts be made by such as demand pay. [1660.] Conveyances, Deeds and Writings. FOR the prevention of Clandestine and uncertain Sales and Titles; A. 52. P. 15. It is Ordered and Declared by this Court, That henceforth no Sale or Alienation of Houses and Lands, within this Jurisdiction, shall be holden good in Law, except the same be done by Deed in writing, under hand and Seal, No sale of Land vallid without Deed & cs and Delivered, and Possession give upon part in the name of the whole, by the Seller or his Attorney, so Authorized under hand and Seal; unless the said Deed be acknowledged and Recorded according to Law. [1652.] 2. Whereas the unskilfullnes of some, A. 51. P. 2. that make Deeds and Conveyances of Houses and Land, the word Heir is oftentimes Omitted, when as an Estate of Inheritance is intended to be passed by the Parties; whereupon Questions and Suits at Law are apt to arise: For the prevention whereof for time to come; This Court Ordereth; That all Deeds and Conveyances of Houses and Lands in this Jurisdiction, wherein an Estate of Inheritance is to be Passed, it shall be expressed in these words, or to the like effect; viz. To Have and to Hold, the said House or Lands respectively, to the Party or Grantee, his Heirs and Assigns for ever; How Deeds and Conveyances are to be made. or if it be an Estate entailed, then to Have and to Hold &c: to the Party or Grantee, and to the Heirs of his body Lawfully begotten, or to the Heirs Male of his body Lawfully begotten, between him and such an one his wife, or to Have and to Hold to the Grantee for term of life, or for so many years; Provided this Law shall not include former Deeds and Conveyances, but leave them in the same condition, as they were or shall be in before this Law takes effect, which shall be at the last of October one thousand, six hundred, and fifty one, Provided also that this Law shall not extend to Houses or Lands given by Will or Testament, or to any Land granted, or to be granted by the Inhabitants of a Town. [1651.] 3. It is Ordered, L. 1. P. 16. That no Conveyance, Deed or Promise whatsoever, shall be of Validity, if it be obtained by illegal Violence, Imprisonment, Threatening, Debts obtained by force invallid or any kind of Forcible compulsion, called Dures. [1641.] And all Covenous or Fraudulent Alienations or Conveyances of Lands, Tenements, or any Hereditaments, shall be of no force or validity, to Defeat any man from his due Debts or Legacies, Fraudulent Deeds invallid. or from any just Title, claim or possession, of that which is so Fraudulently conveyed. 4. And for the avoiding all Fraudulent conveyances, and that every man may know what Estate or Interest, other men may have in any Houses, Lands or other Hereditament, they are to deal in; It is Ordered by the Authority of this Court; That after the end of October, one Thousand, six hundred and forty, no Mortgage, Bargain, Sale, Sales to be ●●knowled●●d and Recorded or Grant made, of any Houses, Lands, Rents or other Hereditaments, where the Granter remains in Possession, shall be of any Force against other persons, except the Granter and his Heirs, unless the same be acknowledged before some Magistrate, and Recorded, as is hereafter expressed: And that no such Bargain, Sale or Grant already made in way of Mortgage, where the Granter remains in possession, shall be of Force against other, but the Granter or his heirs, except the same shall be entered as is hereafter expressed within one Month after the date before mentioned, if the party be within this Jurisdiction, or elsewhere, within three Months after he shall return; And if any such Granter being required by the Grantee his Heirs or Assigns, to make an Acknowledgement of any Grants, Party refusing to acknowledge his Deed to be imprisoned. Sale, Bargain or Mortgage by him made, shall refu●e so to do, it shall be in the Power of any Magistrate to send for the party so refusing, and commit him to prison without Bail or Mainprize, until he shall acknowledge the same, and the Grantee is to enter his Caution with the Recorder of the County Court, and this shall save his Interest in the mean time; Grantee to enter his Caution. And if it be Doubtful whether it be the Deed and Grant of the party, he shall be bound with Sureties to the next Court of Assistants, and the Caution shall remain good as aforesaid. And for the Recording of all such Grants, Sales, Mortgages; It is Ordered, that the Clerk of every Shire Court shall Enter all such Grants, Sales, Bargains, Mortgages of Houses, Lands, Clerk of the Court to enter Deeds. Rents and Hereditaments as aforesaid, together with the names of the Granter and Grantee, Thing and Estate granted, together with the Date thereof. [1641, 42.] COUNCIL. THIS Court considering how the weighty Affairs of this Jurisdiction, whether they Concern this peculiarly, or have Reference to the rest of our Confederated Colonies, may be duly and speedily Transacted, in the Vacancy of the General Court, for the satisfaction of the Commissioners, in respect of the weighty and sudden occasions which may be then in hand; Council how ●o bec●●led together. Doth hereby Express and Declare, that the General Court ought to be called by the Governor, when the importance of the business doth require it, and that time and opportunity will safely admit the same; and that all other necessary matters are to be Ordered and dispatched by the Major part of the Coucil of the Commonwealth: And therefore to that end, Letters signifiing briefly the business, and the time and place of meeting for Consultation ought to be sent unto the Assistants. How many may Act. Also it is hereby Declared, that Seven of the said Assistants meeting, the Governor or Deputy Governor being one, is a sufficient Assembly to Act, by Impressing of Soldiers or otherwise as need shall be, and in case of extreme and urgent necessity, when endeavours are reasonably used to call together the Assistants, and the business will not admit delay, than the Acts of so many as do Assemble, are to be accounted and are accounted Vallid and sufficient: Also it is intended, that the General words afore mentioned, contain in them Power to Impress and send forth Soldiers, and all manner of Victuals, Their power. Vessels at Sea, Carriages and all other necessaries, and to send Warrants to the Treasurer to pay for the same. [1645] COUNSEL. ADVICE. IT is Ordered by this Court; L. 2. P. 4. That it shall not be Lawful for any person to ask Counsel or Advice of any Magistrate, or Commissioner in Towns, in any Case wherein afterwards he shall or may be Plaintiff, before such Magistrate or Commissioner, None to ask Counsel of Magistrate or Commis. in civil act. under penalty of being disenabled to prosecute any such Action, (that he hath so propounded or taken advice as aforesaid,) at the next Court where the case shall come to Trial, being pleaded by way of Bar, either by the Defendant or any on his behalf; in which Case the Plaintiff shall pay full Costs to the Defendant, and if the Defendant ask Cousel or Advice as aforesaid, he shall forfeit ten shillings for every such offence to the Plaintiff. COURTS. IT is hereby Declared, That the General Court consisting of Magistrates and Deputies, L 2. P. 10, 13. is the chief Civil Power of this Commonwealth; which only hath Power to Raise Money and Taxes upon the whole Country, and dispose of Lands, viz. to Give and Confirm Proprieties, appertaining to and immediately derived from the Country; General Court the Chief power. and may Act in all affairs of this Commonwealth according to such Power, both in matters of Counsel, making of Laws, and matters of Judicature, by Impeaching and Sentencing any person or persons according to Law, and by receiving and hearing any Complaints orderly presented against any person or Court; And it is Agreed, that this Court will not proceed to Judgement in any Cause, Civil or Criminal, before the Deputyes have taken this Oath following. [1634, 42, 44.] I Do Swear by the most great and dreadful Name of the Everliving God, that in all Cases wherein I am to deliver my Vote or Sentence, against any Criminal Offence, or between Parties in any Civil case; I will deal uprightly and justly, Deputies Oath, according to my judgement and conscience; And I will according to my skill and ability, Assist in all other Public affairs of this Court, Faithfully and Truly, according to the Duty of my place, when I shall be present to attend the service. 2. Forasmuch as after long Experience, L. 1. P. 16. divers inconveniences are found in the manner of proceeding in this Court, by Magistrates and Deputies sitting together: Magistrates and Deputies to sit apart It is therefore Ordered by this Court and Authority thereof; That henceforth the Magistrates sit apart, and Act all business belonging to this Court, by themselves; by drawing up Bills and Orders, as they shall see good in their wisdom, which having agreed upon, they may present to the Deputies to be considered, and accordingly to give their Consent or Dissent: The Deputies in like manner sitting by themselves, and consulting about such Orders and Laws, as they in their discretion and experience shall find meet for the Common good; which agreed on by them, they may present to the Magistrates, who having considered thereof; may manifest their Consent or Dissent thereto; And no Law, Order or Sentence shall pass, L. 1. P. 5●. or be accounted an Act of this Court, without consent of the greater part of the Magistrates on the one party, and the greater number of Deputies on the other party; But all Orders and Conclusions that have passed by Approbation of Magistrates and Deputyes as aforesaid, shall be accounted Acts of this Court, No Act to p●●● without consent o● the major part of both. and accordingly be Ingrossed, which on the last of day every Session shall be deliberately Read over before the whole Court; Provided that if the Magistrates and Deputies shall happen to differ in any case of Judicature, either Civil or Criminal, such Case shall be determined by the Major Vote of the whole Court met together. 3. FOR the Electing of the Governor, Deputy Governor, Assistants and General Officers, upon the day appointed by our Patent, to hold our yearly Election, being the last Wednesday of every Easter Term; Day of Election to be a●●●ded without Summons. It is Solemnly and Unanimously Decreed and Established; That henceforth, the Freemen of this Jurisdiction, shall either in Person or by Proxy, without any Summons Attend and Consummate the Elections on the day aforesaid yearly; at which time also they shall send their Deputyes with full Power to consult of and determine such matters, Deputies also to be sent. as concern the Welfare of this Commonwealth; From which General Court, no Magistrate or Deputy shall departed or be discharged, without the consent of the Major part both of Magistrates and Deputies, None to departed without leave. during the first four days of the first Session, under the penalty of one hundred pounds, nor afterwards under such penalty as the Court shall impose, Provided that the Deputies of Dover, and of such other Towns as are not by Law bound to send Deputies, are at liberty of attending any after Sessions. [1643, 53.] 4. It is hereby Ordered and declared, that the Governor and Deputy Governor, jointly agreeing, or any three Assistants consenting, L. 1. P. 24. have power out of Court to Reprieve a condemned Malefactor, Governor and Deputy Governor three Assistant to review one condemned. till the next Court of Assistants, or General Court; and that the General Court only hath Power to Pardon a condemned Melefactor. Also it is declared, that the General Court hath Authority to send forth into Foreign parts, any member of this Commonwealth, General Court may send forth any person. of whatsoever quality, conditon, office or relation, about any public Message or Negotiation, Provided the Party so sent be acquainted with the Affairs he goeth about, and be willing to undertake the Service. [1641] 5. It is Ordered by this Court, that the Governor, L. 1. P. 36, 24. Deputy Governor, or greater part of the Assistants, may upon urgent occasion call a General Court at any time; Power to call a General Court Not to be dissolved, but by consent But no General Court shall be dissolved or adjourned, without the consent of the Major part thereof. 6. It is Ordered and declared, that the Governor shall have a casting Vote, wheresoever there shall be an aqui-vote, in the Courts of Assistants or General Court, & the Precedent, or Moderator in all Courts of Civil Assemblies. [1641] The Court being sensible of the great necessity of maintaing the Authority of Courts and Magistrates; Doth Order, That whosoever shall openly or willingly defame any Court of Justice, L. 1. P. 36. or the Sentences and Proceed of the same, or any of the Magistrates, or other Judges of any such Court, in respect of any act or sentence therein passed, Reproach Court, or Magistrates and be convicted thereof; shall be punished for the same, penalty. by whipping, fine, imprisonment, dis-franchisment, or banishment, as the quality or measure of the offence shall deserve. And if any Magistrate or other member of any Court, shall use any reproachful or unbeseeming speeches or behaviour, towards any Magistrate, Judge, Offences of the members of the Court in Court how censured. or member of that Court, in the face of the Court; he shall be sharply reproved by the Governor or Precedent of the said Court, and if the quality of the offence be such as shall deserve a further Censure, or if the person so reproved shall reply again without leave; the Court may proceed to punish any such offender, by fine or imprisonment, or may bind him over to the next superior Court. And if in a General Court, any miscarriage shall be amongst the Magistrates, when they are by themselves, it shall be examined and sentenced amongst themselves, if amongst the Deputyes when they are by themselves, it shall be examined and sentenced when they are by themselves, if it be when the whole Court is together, it shall be judged by the whole Court. [1637, 41.] 7. For the better Administration of Justice, and easing of the Country of unnecessary charges and travail; L. 1. P. 14. It is Ordered by this Court and the Authority thereof, That there be two Courts of Assistants yearly kept at Boston, Two Courts of Assistants. by the Governor, or Deputy Governor and the rest of the Magistrates, on the first Tuesday of the first month, and on the first Tuesday of the seventh month, to hear and determine all, their power. and only actions of Appeal from inferior Courts, all Causes of divorce, all Capital and Criminal Causes, extending to Life, Member or Banishment. And that Justice be not deferred, nor the Country needlessly charged; L. 3. P. 5. It shall be Lawful for the Governor, or in his absence the Deputy Governor (as they shall judge necessary) to call a Court of Assistants for the Trial of any Malefactor in Capital Causes. Governor may call a Court of Assistants Also there shall be County Courts held in the several Counties, by the Magistrates living in the respective Counties, or any other Magistrates that can attend the same, or by such Magistrates as the General Court shall appoint from time to time; L. 1. P. 14, 15. together with such persons of worth, where there shall be need, as shall from time to time be appointed by the General Court (at the nomination of the Freemen of the County) to be joined in Commission with the Magistrates, County Courts so that they may be Five in all, who keep them Three whereof may keep a Court, provided there be one Magistrate; Every of which Courts shall have full power to hear and determine all Causes, How many judges Civil and Criminal, not extending to Life, Member or Banishment, (which with Causes of divorce, are reserved to the Court of Assistants) and to make and constitute Clerks and other needful Officers, their Power. and to Summon Juryes of Inquest, and Trials out of the Towns of the County; Provided no Jurors shall be warned from Salem to Ipswich, nor from Ipswich to Salem, and the times and places for holding the County Courts shall be as followeth. SUFFOLK. Boston the last tuesday of the second Month. The last tuesday of the fifth Month. Time and pl● of the County Courts. The last tuesday of the eighth Month. And the last tuesday of the eleventh Month. NORFOLK. Salisbury the second tuesday of the second Month. Hampton the second tuesday of the eighth Month. ESSEX. Salem the last tuesday of the fourth Month. And the last tuesday of the ninth Month. Ipswich the last tuesday of the first Month. And the last tuesday of the seventh Month. PASCATAQVA. Dover the last tuesday of the fourth Month. Portsmouth the last tuesday of the fourth Month. MIDDLESEX. Charlstown the third tuesday of the fourth Month. And the third tuesday of the tenth Month. Cambridge the first tuesday of the second Month. And the first tuesday of the eighth Month. YORKSHIRE. York the first tuesday of the fifth Month. HAMPSHIRE. North-Hampton the last tuesday of the first Month. Springfield the last tuesday of the seventh Month. A Judgement acknowledged before any two Magistrates and the Secretary of Clerk of any Court, shall be good in Law, L. 2. p. 7. Judgement acknowledged before two Magistrates. and the Clerks Fee for Recording the same shall be twelve pence, and if the Secretary or Clerk be a Magistrate, he with one Magistrate may do it. 8. For the more speedy dispatch of all Causes which shall concern Strangers, who cannot without prejudice stay to attend the ordinary Courts of Justice; L. 1. p. 15. It is Ordered, that the Governor or Deputy Governor, with any two Magistrates, or when the Governor, Special Courts for Strangers Deputy Governor cannot attend it, that any three Magistrates shall have power upon the request of such Stranger, to call a special Court to hear and determine all Causes civil and criminal (triable in any County Court according to the manner of proceeding in County Courts) which shall arise between such Strangers, or wherein any such Stranger shall be party. Records of special Courts to be transmitted to the Court of Assistants. And all Records of such proceed, shall be transmitted to the Records of the Court of Assistants, to be entered as trials in other Courts (which shall be at the charge of the party cast or condemned in the case. [1639.] L. 2. P. 15. Stranger's liberty to sue at any Court. It is further Ordered that it shall be lawful for any Stranger, upon legal Summons, to enter any Action in any Court of this Jurisdiction, against any person not residing or Inhabitant amongst us. 9 For preventing all occasions of partial or undue proceed, L. 1. P. 36. in Courts of Justice and avoiding of jealousies; It is Ordered, that in every civil Cause, between Party and Party, where there is between any Judge of the Court, Judges related to parties not to give Sentence. and any of the parties, the Relation of Father and Son, either by Nature or Marriage, Brother and Brother, Uncle and Nephew, Landlord and Tenent in matters of considerable value: Such Judge, though he may have liberty to give reasonable Advice in the case, yet shall have no power to Vote or give Sentence therein; neither shall sit as a Judge, when he shall so plead or give Advice therein. [1635.] L. 1. P. 16. Offender to be Judged the next Court. 10. It is Ordered by this Court; that every person, that is to Answer for any criminal Cause, whether in Prison or under Bail; his Cause shall be heard and determined at the next Court that hath proper cognizance thereof, if it may be done without prejudice of Justice. [1641.] 11. Forasmuch as the proceed of this Court are often hindered by introducing particular cases of a private nature; A. 54. P. 2. In difficult cas●s Courts may consult with the General Court It is therefore Ordered, that no Court shall transfer the Cases coming before them, and proper to their cognizance, whether civil or criminal, but if there be difficulty in any case the Court shall state the Question, leaving out the parties Names, and may present the same to the General Court, where it may be resolved; and according to the said resolution of the General Court, the Inferior Court that presented the Question, shall at their next meeting proceed to Judgement or Sentence. [1654.] L. 2. P. 4. County Courts may admit Freemen 12. Every Court within this Jurisdiction where two Magistrates are present, may admit any Church Members, that are fit to be Freemen, giving them the Oath, and the Clerk of each Court shall certify their Names to the Secretary at the next General Court. [1641.] It is Ordered that the Secretary at the request of all such as are admitted to the freedom of this Colony or any in their behalf, Freemens names to be Recorded give a true copy out of this Courts Records of their Names by them to be delivered to the Clerks or Recorders of those Courts in the several Counties to which they do belong, with a copy of the Oath of Freemen as it is now stated, that they may there take their Oaths, etc. [1666.] Court's Ajournments. Whereas through the extremity of the seasons in this Country, or other accidents that often happen, that Courts of Justice are sometimes put by to the great prejudico of Justice; This Court doth therefore Order, that henceforth it shall be in the power of any one or more of the Magistrates, being present at the time and place where the Court is to be kept, to Adjourn the said Court to some more convenient time, as though the whole Court had been met; Court's Ajournments. and all Jurymen, Witnesses and Parties summoned to attend the Court, either in Civil or Criminal Cases, according to their respective Summons, Obligations, Attachments or other Process are hereby bound to such Ajournments, and all proceed to remain in force as though the ordinary course of time had been attended. [1661.] CRUELTY. IT is Ordered by this Court, Cruelty That no man shall exercise any Tyranny or Cruelty towards any Bruit Creatures, which are usually kept for the use of Man. [1641.] Death Untimely. Untimely death to be inquired by a Jury. IT is Ordered by this Court and the Authority thereof, that whensoever any Person shall come to any sudden, untimely or unnatural death; some Assistant or the Constable of the Town, shall forthwith Summon a Jury of twelve discreet Men to inquire of the cause and manner of their Death, who shall present a true verdict thereof to some near Assistant, or the next County Court upon their Oath. [1641.] DEBTS by BOOK. ON Complaint, and consideration of sundry Inconveniences both to Creators and Debtors, through want of seasonable examination and balancing of Book-accompts; It is Ordered, and by this Court Enacted, that all such Book-debts as are now standing out, or that hereafter shall be made, and that shall not within three years after publication hereof, Book debts to be Balance within 3 years. or within three years after such debt as hereafter shall be made, be accounted for or balanced with the Original Debtor or his Attorney, Agent, Assign, or other lawful Successor or Substitute, and on Account or Balance thereof, assured by Specialty given for it, or witnessed by subscribing the Debtor or other Accomptants Name to the Creditors Book, or Subscription of the Witnesses to such Account, shall not be pleadable in any Court; unless such Book-debt shall within the time before limited, be prosecuted or proved in such Court as hath proper cognizance thereof, by Evidence competent and approved by the said Court: And the Evidence there Recorded, and the Record thereof, shall secure that Creditor, his Executors and Assigns, unless the Debtor or his Assigns shall disprove the same, within one year after such proof made, or recovery of the said Debt, if such Debtor, his or her Agent, Attorney, Assign, Substitute, Executor, Administrator or other lawful successor, be or shall be within this Jurisdiction, or elsewhere, and have due notice from the Creditor thereof. Deputies for the General Court: Deputies chosen by paper. IT is Ordered by this Court and the Authority hereof, that henceforth it shall be lawful for the Freemen of every Town, to choose (by Papers) Deputies for the General Court; who have liberty to meet together, to confer and prepare such public business, as by them shall be thought fit to be considered of at the next General Court, Their power who also shall have the full power of all the Freemen deputed to them, for the making and establishing of Laws, granting Lands, and to deal in all other affairs of the Commonwealth, wherein the Freemen have to do, the matter of Election of Magistrates and other Officers only excepted: wherein every Freeman is to give in his Vote; Provided that no Town shall send more than two Deputies, and no Town that hath not to the number of twenty Freemen shall send more than one Deputy; Number of Deputies to be sent from particular Towns. and such Plantations as have not ten Freemen shall fend none, but such Freemen may Vote with the next Town, in the choice of their Deputies, till this Court take further Order. And all Towns that have not more than thirty Freemen, A. 53. shall be at liberty of sending or not sending Deputies to the General Court. [1636. 38. 53.] Liberty to choose Deputies dwelling any where in this Jurisdiction 2. And the Free men of any shire or town, have liberty to choose such Deputies for the General Court, either in their own shire Town, or else where as they judge fittest, so be it they be Freemen, and Inhabiting this Jurisdiction. Deputies may order their own house And when the Deputies for the several Towns are met together at any General Court, it shall be lawful for them or the major part of them, to hear and determine any difference that may arise about the Election of any of their Members, and to order what may concern the well ordering of their body. And because we cannot foresee what variety and weight of occasions may, fall into future consideration, and what Counsels we may stand in need of; It is Ordered that the Deputies of the General Court, shall not at any time be stated and continued but from Court to Court, No Deputies to hold longer than one year. or at most but for a year, that the Country may have an annual liberty, to do in that case what is most behooveful for the welfare thereof. [1641. 34. 35.] A. 54. p. 3. Deputies to be Orthodox And it is further Ordered, that no man although a Freeman shall be accepted as a Deputy in the General Court, that is unsound in Judgement, concerning the main points of Christian Religion, as they have been held forth and acknowledged by the generality of the Protestant Orthodox Writers; or that is scandalous in his conversation, or that is unfaithful to this Government. And it is further Ordered, that it shall not be lawful for any Freeman to make choice of any such person as aforesaid, that is known to himself to be under such offence or offences specified, upon pain or penalty of five pounds, and the Cases of such persons to be tried by the whole General Court. [1654.] And henceforth the Constables of each Town, shall return the name of the person or persons chosen by the Freemen to be Deputies for the General Court, and the time for which they are chosen, Constable to return who ●re chosen Deputies and for what time. whether for the first Session or for the whole year. And every Constable that shall fail 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 until 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 Inferior Court, shall be admitted to sit as a Deputy in this Court. DISTRESS. IT is Ordered by this Court and the Authority thereof, that no man's Corn or Hay that is in the field, or upon the Cart, nor his Garden stuff, 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 embezzled, nor suffer spoil or decay, or give security to satisfy 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 Husband's Lands, etc. 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 mere 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 jointure, in some Houses, Lands, Tenements or other Hereditaments for term 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 Franktenement not then determined) at any time during the Marriage, to have and enjoy for the term 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 Encumbrances 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, Widows third part to be set out. assign and set out to such Widow 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 lie, or in the Court of Assistants, if the same lie 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 always 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 widow 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 Enclosures 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 lawful to rest and refresh them for a competent time in any open place that is not Corn, Meadow or enclosed for some particular use. [1641.] ECCESIASTICAL. ALL the People of God within this Jurisdiction, who are not in a Churchway, 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 join 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 intent to join 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 freedom of this Commonwealth. 3. Every Church hath free liberty to exercise all the Ordinances of God, according to the Rule of the Scripture. To choose 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 freedom to Celebrate days 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 only 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 Church way, in case of apparent and just offence given in their places, so it be done with due observance and respect. Church's liberty to deal with their members. But no Church Censure shall degrade or depose any man from any Civil Dignity, Office or Authority he shall have in the Commonwealth. 11. The Civil Authority here established, hath power and liberty to see the Peace, Ordinances and Rules of Christ be observed in every Church, according to his Word as also to deal with any Church-member in a way of Civil Justice, notwithstanding any Church Relation, Office or Interest. Private meetings 12. Private meetings for Edification in Religion, amongst Christians of all sorts, shall be allowed, so it be done without just offence, for number, time, place and other circumstances. [1641.] 13. The Treasurer of the Country, shall defray the charges of the Elders of our Churches when they are employed by special Order of the General Court. L. 2. p. 7. [1642.] Whereas it is the duty of the Christian Magistrate to take care the People be fed with wholesome and sound Doctrine, and in this hour of temptation wherein the Enemy designeth to sow corrupt seed. A. 58. Every company cannot be thought able or fit, to judge of the Gospel qualifications required in the public dispensers of the Word, and all Societies of Christians are bound to attend Order and Communion of Churches, Constant preachers to be without offence. considering also the rich blessing of God, flowing from the good agreement of the Civil and Church-estate, and the horrible mischiefs and confusions that follow on the contrary; It is therefore Ordered, that henceforth no person shall publicly and constantly Preach to any company of People, whether in Church Society or not, or be Ordained to the Office of a Teaching Elder, where any two Organic Churches, Council of State, or General Court shall declare their dissatisfaction thereat, either in reference to Doctrine or Practice, the said Offence being declared to the said company of People, Church or Person, until the Offence be orderly removed; and in case of Ordination of any Teaching Elder, timely notice thereof shall be given unto three or four of the neighbouring Organic Churches, for their approbation. [1658] 14. Forasmuch as the open contempt of God's Word, and Messengers thereof, is the desolating sin of Civil State and Churches; It is Ordered, that if any Christian (so called) within this Jurisdiction, shall contemptuously behave himself, towards the Word Preached, or the Messengers thereof, Open opposers of the word. called to dispense the same in any Congregation, when he doth faithfully execute his service and Office therein, according to the Will and Word of God; either by interrupting him in his Preaching, or by charging him falsely with any Error, which he hath not taught in the open face of the Church, or like a son of Korah, cast upon his true Doctrine, or himself any Reproach to the dishonour of the Lord Jesus who hath sent him, and to the disparagement of his holy Ordinance, and making Gods ways contemptible and ridiculous: that every such person or persons (whatsoever censure the Church may pass) shall for the first Scandal be convented and reproved openly by the Magistrate at some Lecture, and bound to their good behaviour. And if a second time they break forth into the like contemptuous carriages, they shall either pay five pounds to the public Treasury, or stand two hours openly upon a Block or Stool, four foot high, on a Lecture day, with a paper fixed on his breast, written in Capital Letters, AN OPEN AND OBSTINATE CONTEMNER OF GOD'S HOLY ORDINANCES, that others may hear and be ashamed of breaking out into the like wickedness. [1●46.] And every Christian as aforesaid, that shall go about to destroy or disturb the Order and Peace of the Churches established in this Jurisdiction, by open renouncing their Church estate, or their Ministry, L. 2. p. 5. or other Ordinances dispensed in them, either upon pretence that the Churches were not planted by any new Apostle, Disturbers of order and peace of Church's penalty. or that Ordinances are for carnal Christians, or for Babes in Christ, and not for spiritual or illuminated persons, or upon any other such like groundless conceit; every such person who shall be found culpable herein, after due means of conviction, shall forfeit to the public Treasury, forty shillings for every month, so long as he shall continue in that his obstinacy. [1646.] 15. Wherever the Ministry of the Word is Established, according to the Order of the Gospel throughout this Jurisdiction; Every person shall duly resort and attend thereunto respectively on the Lords days, and upon such public Fast days, Absence from Meeting and days of Thanksgiving, as are to be generally observed by appointment of Authority. And if any person within this Jurisdiction shall without just and necessary cause, withdraw himself from the public Ministry of the Word, after due means of conviction used, he shall forfeit for his absence from every such public meeting five shillings. And all such offences may be heard and determined from time to time, by any one or more Magistrates. [1646.] 16. To the end there may be convenient Habitations for the Ministers of the Word; It is Ordered, that the Inhabitants of every Town, shall take care to provide the same, either by hiring some convenient House, Minister's houses how to be provided for for the use of the present Minister, or by compounding with him, allowing him a competent and reasonable sum to provide for himself, so long as he shall continue with them, or by building or purchasing an house for the Minister and his successors in the Ministry, as the major part of the said Inhabitants shall agree. And the particular sums assessed upon each person by a just Rate, shall be collected and levied as other Town Rates. 17. That there may be a settled and encouraging maintenance of Ministers in all Towns and Congregations within this Jurisdiction. A. 54. p. 6. It is Ordered, that the County Court in every Shire, shall upon information given them of any defect, of any Congregation or Town within the Shire, Provision for Minister's maintenance order and appoint what maintenance shall be allowed to the Minister of the place, and shall issue out warrants co the Select men to assess the Inhabitants, which the Constable of the said Town shall collect and levy as other Town Rates. And it is hereby Declared to be our intention that an honourable allowance be made to the Minister, respecting the ability of the place, and if any Town shall find themselves burdened by the Assessments of the County Court, they may complain to the Court, which will at all times be ready to give just release to all men. [1654.] IT being the great duty of this Court, to provide that all Places and People within our Gates be supplied of an able and faithful Minister of God's Holy Word; Be it therefore Ordered and Enacted by this Court and the Authority thereof, That the County Courts in their respective precincts, do diligently and carefully attend the execution of such Orders of this Court, as concerns the maintenance of the Ministry, and the purging of their Towns and Peculiars from such Ministry and public preachers as shall be found vicious in their lives, Provision for an able Ministry. or perniciously Hetrodox in their Doctrine; and for all places destitute of an able and faithful Ministry, that they use their best endeavour for the procuring and settling of such faithful Labourers in God's Vineyard, and that the charges of their procuring, and settling, be levied on the Inhabitants, as the Law for maintenance of Ministers directs; and that for the future there may be no neglect hereof: the Precedents of each County Court, shall duly from time to time give it in charge to the Grand-juries of their respective Courts, to present all abuses and neglects of this kind, and that with all care and diligence the same be redressed, that so the Name of the Lord our God being known in our dwellings, and exalted in our gates, he may still delight in us, to continue his favourable presence with us, and our unparaleld enjoyments both temporal and spiritual, which through the rich mercy of God in Christ hitherto we have enjoyed, and not be provoked through our profane slight and despising thereof, to bereave us and our posterities of such choice Mercies. [1660.] Whereas the Christian Magistrate is bound by the Word of God to preserve the Peace, Order or Liberty of the Churches of Christ, and by all due means to promote Religion in Doctrine and Discipline, according to the Word of God; and whereas by our Law, tit. Ecclesiastical, Sect. 4. It is Ordered and Declared, Choice of Church Officers. that every Church hath free liberty of Calling, Election and Ordination of all her Officers, from time to time, provided they be able, pious, and Orthodox: For the better explanation of the said Law, and as an addition thereunto, this Court doth Order and Declare, and be it hereby Ordered and Enacted, that by the Church, is to be meant, such as are in full Commumon only; and that the teaching Officer or Officers of such Church or Churches, we do intent shall be the Minister or Ministers to all the People in that Town where such Church or Churches are planted; and that no Inhabitant in any Town shall challenge a right unto, or act in the Calling or Election of such Officer or Minister, until he be in full communion, upon the penalty of being accounted a disturber of peace and order, and to be punished by the Court of that Shire, either by Admonition, Security for the good Behaviour, Fine, or Imprisonment, according to the quality and degree of the offence. ELECTIONS. IT is Ordered by this Court and the Authority thereof, that for the yearly choosing of Assistants, the Freemen shall use Indian Corn and Beans, Election by Indian Corn and Beans. the Indian Corn to manifest Election, the Beans contrary; and if any Freeman shall put in more than one Indian Corn or Bean, for the choico or refusal of any public Officer, he shall forfeit for every such offence, None but Freemen to put in votes. ten pounds, and that any man that is not free, or hath not liberty of voting, putting in any vote, shall forfeit the like sum of ten pounds. [1643.] 2. For the preventing many inconveniences, that otherwise may arise upon the yearly day of Election, and that the work of that day may be the more orderly, easily and speedily issued; Elect by proxesent, sealed up. It is Ordered by this Court and the Authority thereof; that the Freemen of this Jurisdiction, which shall not personally appear at Boston, to give in their votes on the day of Election, shall and may in their several Towns, from time to time give in their votes for Elections, before their Deputy and the Constable, who shall take them and Seal them up in destinct papers, and send them to the Court of Elections, all the Assistants to be chosen by Indian Corn and Beans, as abovesaid. The Governor, Deputy Governor, Major General, Treasurer, Elect of Govern. etc. by papers. Secretary, and Commissioners of the United Colonies, by wrighting the names of the persons Elected, in papers open, or once folded, not t●●sted nor rolled up, that they may be the sooner perused. And such small villages as send no Deputies, the Constable thereof, with two or three of the chief Freemen shall receive the votes of the rest of the Freemen, and deliver them together with their own sealed up, to the Deputy of the next Town, who shall carefully convey the same unto the said Court of Election. [1647.] 3. Forasmuch as the choice of Assistants or Magistrates yearly, L. 2. p. 10. is of great concernment, and with all care and circumspection to be attended. It is Ordered by this Court and the Authority thereof, that the Constables of every Town within this Jurisdiction, shall call together all their Freemen some day in the second week of the first Month yearly to give in their votes in distinct papers for such persons (being Freemen and resident within this Jurisdiction, A. 52. p. 15 as well the Magistrates in present being as others) whom they desire to have chosen for Magistrates on Assistants at the next Court of Election, Nomination of Magistrates in Towns. not exceeding the number of eighteen, and no Freeman shall put in above one vote for one person, under the penalty of ten pounds for every offence. And the said Freemen (so met together) or the major part of them, shall then and there appoint one to carry their votes sealed up unto their Shire Towns, A. 58. upon the last fourth day of the week in the first Month following, at twelve of the clock from time to time, which persons for each Town so assembled, shall appoint one of themselves as a Commissioner of each Shire, Votes to be sen● to the Shi●e Town. to carry them to Boston the second third day of the second Month, there to be opened and perused in the presence of one or two Magistrates (if they be in Town) if otherwise, by those persons that brought them at the Court House in Boston, or such other place as the Commusioner of Suffolk shall appoint; and those eighteen that have most Votes, shall be the men (and they only) which shall be nominated at the Court of Election for Magistrates or Assistants as aforesaid, and the said Commissioner of each Shire, Commissioner of the Shire to return the name● of the persons nominated to the Constables shall forthwith signify to the Constable of the several Towns within their County, in wrighting under their hands, the names of those eighteen persons aforesaid, all which the Constable in each Town shall timely s gnifie to their Freemen. And as any have more Votes than other, Old Magistrates to be first put to Election. so shall they be nominated for Election, except such of the eighteen who were Magistrates the year before, who shall have precedency of all others in nomination on the day of Election. And if any be trusted in this Order, shall fail in the discharge of their trust, shall forfeit ten pounds. [1649.] 4. It is Declared by this Court, to be the constant liberty of the Freemen of this Jurisdiction, to choose yearly at the Court of Election out of the Freemen, all the General Officers of this Jurisdiction, and if they plea e to discharge them at the Court of Election, by way of Vote, they may do it without showing cause; Freemen to choose all general Officers but if at any other General Court, we hold it due Justice that the reason thereof be alleadg●d and proved. By General Officers we mean our Governor, Deputy Governor, Assistants, Treasurer, Major General, Admiral at Sea, Commissioners for the United Colonies, Secretary of the General Court, and such others as a●e, or here after may be of like General nature. [1641.] Whereas it is found by experience, that there are many who are Inhabitants of this jurisdiction, who are Enemies to all Government, Civil and Ecclesiastical, who will not yield Obedience to Authority, but make it much of their Religion to be in opposite on thereto, and refuse to bear Arms under others, who notwithstanding combine together in some Towns, and make Parties suitable to their designs, in Election of such persons according to their ends; Persons exempt from voting in Elections It is therefore Ordered by this Court and the Authority thereof, that all persons, Quakers or others, which refuse to attend upon the public Worship of God here Established; that all such persons whether Freemen or others, acting as aforesaid, shall, and hereby are made uncapable of Voting in all civil Assemblies during their obstinate persisting in such wicked ways and courses, and until certificate be given of their Reformation. And it is further Ordered, that all those Fines and Mulcts of any such Delinquents as aforesaid, which are not gathered nor paid to the several Treasurers of the Counties, as also what Fines shall be laid on them for the future, shall be delivered by the Order of the County-Treasurers respectively to the Select men of the several Towns whereunto they belong, to be by them improved for the poor of the Town. ESCHEATS. IT is Ordered by this Court and the Authority thereof, that where to Heir or owner of Houses, Lands, Tenements, Goods or Chattels can be found, they shall be seized to the public Treasury, till such Heirs or Owners shall make due claim thereto, unto whom they shall be restored upon just and reasonable terms. [1646.] FARMS. IT is Ordered by this Court and the Authority thereof, that all farms which are within the bounds of any Town, shall henceforth be of the same Town, in which they lie, except Meadford. [1641.] Fairs and Markets. IT is Ordered by the Authority of this Court, that there shall henceforth be a Market kept at Boston in the County of Suffolk, Boston. upon the fifth day of the week from time to time. Salem. And at Salem in the County of Essex, upon the fourth day of the week from time to time. Lyn. And at Lyn on the third day of the week from time to time. Charlstown. And at Charlstown in the County of Middlesex upon the sixth day of the week from time to time. It is also Ordered and hereby Granted to Boston aforesaid, to have two Fairs in a year; on the first third day of the third Month, and on the first third day of the eighth Month, from year to year to continue for two or three days together. Also to Salem aforesaid, to have two Fairs in a year, on the last fourth day of the third Month, L. 2. p. 7. and the last fourth day of the seaventh Month from year to year. Watertown. Also to Watertown, in the County of Middlesex, two Fairs in a year, on the first sixth day of the fourth Month, and the first sixth day of the seaventh Month. Also to Dorchester, in the County of Suffolk, two Fairs in a year, on the fourth third day of the first Month, and the last fourth day of the eighth Month, from year to year. [1633, 34, 36, 38, 48.] FERRIES. FOR settling all common Ferries in a right course, both for the Passengers and Owners; Men may pass Ferries in their own Boats It is Ordered by this Court and the Authority thereof, That whosoever hath a Ferry granted upon any passage, shall have the sole liberty for transporting Passengers, from the place where such Ferry is granted, to any other Ferry place, where Ferry Boats use to land; and any Ferry Boat that shall land Passengers at any other Ferry, may not take Passengers from thence, L. 2. p. 7. if the Ferry Boat of that place be ready; Provided this Order shall not prejudice the liberty of any that do use to pass in their own or neighbour's Cannoos or Boats to their ordinary labour or business. But no Ferry man shall carry over the water any Passengers in a Cannoo, but in case of necessity, Ferry men not to carry in cannnoos. and upon his own desire, under the pain of forfeiture of the Cannoo or the value thereof to the Treasury. And at Weymouth Ferry, every single person shall pay for his Passage two pence. And all Ferry men are allowed to take double pay at all common Ferries after day light is done, and those that make not present pay, being required, shall give their names in wrighting, or a pawn to the Ferry men, or else he may complain of any such to a Magistrate for satisfaction. And it is Ordered, that all Magistrates, and such as are, or from time to time shall be chosen Deputies of the General Court, Magistrates and Deputies to pass free with their necessary attendance, viz. a Man and a Horse at all times, during the time of their being Magistrates or Deputies (but not their Families) shall be Passage-free over all Ferries, that pay no Rent to the Country. 2. And for the preventing of danger in the Passing at Common Ferries; It is Ordered, That no person shall press or enter into a Ferry Boat contrary to the Will of the Ferry man, None to enter the Ferry boat without leave of the Ferry men Magistrates, Deputies or Elders or of the most of the Passengers first entered upon pain of ten shillings for every such attempt. And that every Ferry man that shall permit or allow any person to come into his Boat, against the will of any of the Magistrates or Deputies, or any of the Elders shipped in such Boat, or the greater part of the Passengers in the said Boat, shall forfeit for every person so admitted or received, against such their will so declared, the sum of twenty shillings. And it shall be in the power of any of the Ferry men, to keep out, or put out of his Boat, any person that shall press, enter into, or stay in any such Ferry Boat, contrary to this Order. Men pass as they come except public persons. And it is further Ordered, that all persons shall be received into such Ferry Boats according to their coming first or last, only all public persons, or such as go upon public or urgent occasions, as Physicians, Chyrurgcons and Midwives, and such other as are called to women's Labours, such shall be transported with the first. [1641, 44, 46, 47.] FINES. IT is Ordered by this Court and Authority thereof, L. 1. p. 38. that every Offender fined for the breach of any Penal Law, shall forthwith pay his or their Fine or Penalty, or give security speedily to do it, or be imprisoned, F●nes to be paid presently or kept to work till it be paid, unless the Court or Judge that imposed the Fine, sed cause to respite the same; And in all Courts, L. 2. p. 7. where any Fine or Fines or other Sums of Money shall be assessed or received; Clerk to return all Fines to the Treasurer in fourteen days And also when any Magistrate or Commissioner, shall assess any Fines, or receive any Sum, for the use of the Country, by virtue of any special Order, the Secretary or Clerk of each Court, and every such Magistrate and Commissioner, shall within fourteen days, L. 1. p. 22. send a Transcript or Note of the said Fines and other deuce to the Treasurer of the Country or County to whom it doth belong, who shall forthwith give warrant to the Marshal to collect and levy the same: And if no goods can be found to satisfy such Fine or other deuce, the Marshal shall Attach the Body of such persons, Marshal to Attach the body where Goode are not, etc. and imprison them till satisfaction be made; Provided that any Court of Assistants or County Court, may discharge any such person from imprisonment, if they be unable to make satisfaction. [1638, 46.] Firing and Burning. Firing of ground when lawful, when forbidden. IT is Ordered by this Court and Authority thereof, that whosoever shall kindle any Fires in the Woods, or Grounds lying in Common, or enclosed, so as the same shall run into Corn grounds or Enclosures before the tenth day of the first Month, or after the last of the second Month, or on the last day of the Week, or on the Lord's day, shall pay all damages, and half so much for a Fine, or if not able to pay, then to be Corporally punished, by warrant from one-Magistrate, or the next County Court, as the offence shall deserve, not exceeding twenty stripes for one offence. Provided that any man may kindle fire in his own ground so as no danger come thereby, either to the Country or to any particular person; and whosoever shall wittingly and willingly burn or destroy any Frame, Timber, Hewed, Sawen or Riven Heaps of Wood, Charcoal, Corn, Hay, Straw, Hemp or Flax, he shall pay double damages. 2. Whereas some dwelling Houses, A. 52. p. 11. and other Houses within this Jurisdiction, have been set on Fire, and the means or occasion thereof not discovered, though some persons have been vehemently suspected to have been Instrumental therein: The Court taking into consideration the danger of such a wicked practice, especially in Towns where the Houses are near adjoining, and there being no Law yet provided for the punishment of so heinous a crime; Doth therefore hereby Order, and be it Enacted by the Authority of this Court, that any person or persons whatsoever, of the age of sixteen years and upward, that shall after the publication hereof, wittingly and willingly set on fire any Barn, Stable; Mill, out House, Stack of Wood, Corn or Hay, or any other thing of like nature, shall upon due conviction by testimony or confession, pay double damages to the party damnified, and be severely whipped. And if any person of the age aforesaid, shall after the publication hereof, Burning Houses. wittingly, and willingly, and feloniously, set on fire any Dwelling House, Meeting House, Store House, or shall in like manner, set on fire any outhouse, Barn, Stable, Leanto, Stack of Hay, Corn or Wood, or any thing of like nature, whereby any Dwelling House, Meeting House or Store House, cometh to be burnt, the party or parties vehemently suspected thereof, shall be apprehended by Warrant from one or more of the Magistrates, and committed to Prison, there to remain without Bail, till the next Court of Assistants, Capital. who upon legal conviction by due proof, or confession of the Crime, shall adjudge such person or persons to be put to death, and to forfeit so much of his Lands, Goods or Chattels, as shall make full satisfaction, to the party or parties damnified. [1652.] Fish. Fishermen. Whereas it hath been a custom for foreign Fishermen to make use of such Harbours and Grounds in this Country, as have not been Inhabited by English men; and to take Timber and Wood at their pleasure for all their occasions, yet in these parts which are now possessed, and the Lands disposed in proprieties, unto several Towns and Persons, by the Kings Grant, under the great Seal of England; It is Declared; Repealed. pag. 5. 1661. That it is not Lawful for any Person, either Fisherman or other, either Foreigner or of this Country, to enter upon the Lands so appropriate to any Town or Person, or to take Wood or Timber in any such place, without the Licence of such Town or Proprietor, and if any person shall Trespass herein, the Town or Proprietor so injured, may take their remedy by action at Law, or may preserve their goods or other interest, by opposing Lawful force against such unjust violence; Provided that it shall be lawful for such Fishermen as shall be employed by any Inhabitants of this Jurisdiction, in the several seasons of the year, to make use of any of our Harbours, and such Lands as are near adjoining for the drying of their Fish or other needful occasions, as also to have such Timber and Firewood, as they shall have necessary use of for their Fishing-seasons where it may be spared, so as they make due satisfaction for the same to such Town or Proprietor. [1646.] 2. Whereas much Damage hath crisen to Merchants trading hence, by bad making of Fish, and the credit of our Trade therein hath much suffered; It is therefore Ordered, That at every fishing place within this Jurisdiction, some discreet and honest person be appointed by the Country Court, A. 52. p. 9, 10. unto which such Fishing place doth belong, and those persons so nominated and appointed, are by this Court empowered to give Oath unto such persons as shall be chosen by the deliverers and receivers of any Fish, who have liberty hereby, either of them, to choose one or more sufficient knowing men in such cases, to view what Fish is delivered and received; Sworn, viewers of Fish at all Fishing places. which viewers shall be sworn as aforesaid, and what they approve of as Merchantable, the receiver shall accept, and what is Refuse Fish shall be cast by, and the said viewers for their labour and pains aforesaid, shall be allowed one penny per Quintal for so much Merchantable Fish as he or they shall view, to be paid one half by the deliverer, and the other half by the receiver: And for further direction to the viewers in trial of Fish; It is hereby Ordered, That all Sun burnt, salt burnt and Dry Fish, that hath been first pickled, shall be judged un-Merchantable. fisher-men's liberty to cut flakes regulated FOr the Explanation of an Order bearing date, 1646. and the Repealing of the same, 1667. For giving a liberty to Fishermen, according to a Reservation in the Patent, to cut down Wood for Flakes or Stage and other uses about their Fishing employ, that it is intended only in that Order to give liberty to such as are Strangers, and come only to make Fishing Voyages, and not to Fishermen that are Inhabitants, who are not to trespass upon any person in their propriety, but are liable to make satisfaction with damages as in any other Action of Trespass, no way restraining Fishermen in Common Lands, any Law, Custom or Usage to the contrary notwithstanding. IT is Ordered by this Court and the Authority thereof, that no man shall henceforth kill any Cod fish, Hake, Hadduck or Polluck, to be dried for sale in the Month of December or January, because of their spawning time, nor any Mackerel to Barrel up in the Month of May or June, No Fish to be killed when they go to Spawn. under penalty of paying five shillings for each Quintal of Fish, and Five shillings for each Barrel of Mackerel; nor shall any Fisherman cast the Garbage of the Fish the catch overboard at or near the Ledges or Grounds where they take the Fish; nor shall any of the Boats crew refuse or neglect to obey the Order of the Master of the Vessel to which they belong, for the times and seasons of Fishing; nor shall they take or drink any more Strong Liquors than the Master thinks meet to permit them; the breach of these three last being under the penalty of Twenty shillings for the first Offence; for the second forty shillings; for the third three months' Imprisonment, one third part of the aforesaid Fines to the Informer proving the same. [1668.] THis Court being informed, that the taking of Mackrel at unseasonable times do greatly diminish their increase, and will in the issue tend to the spoil of the Trade thereof; Do Order and Enact, That henceforth no Mackerel shall be caught, except for spending whilst fresh, To prevent damage by unseasonable kill of Mackrel. before the first of July annually, on penalty of the loss of the same; the one half to the Informer, and the other half to the use of the Country. And any Magistrate or County Court is empowered to act herein to all intents and purposes, for the execution of this Law. Whereas by the blessing of God, the Trade of Fishing hath been advantageous to this Country, which is like to be much impaired by the use of Turtoodas Salt, which leaves spots upon the Fish, by reason of Shells and Trash in it: For prevention thereof; To prevent damage by salting Fish with Turtoodas' salt. This Court doth Order, and be it hereby Enacted, That all such Fish that is salted with Turtoodas Salt, and thereby spotted as abovesaid, shall not be accounted for Merchantable Fish: and all sworn Colours of Fish are hereby required to have special regard to the fulfilling of this Order, any Law or Custom to the contrary notwithstanding. FORGERY. IT is Ordered by this Court and the Authority thereof, That if any person shall forge any Deed or Conveyance, Testament, Bond, Bill, Release, Acquittance, Letter of Attorney, or any Writing, to pervert Equity and Justice; he shall stand in the Pillory, three several Lecture days, and render double damages to the party wronged, and also be disabled to give any Evidence or Verdict to any Court or Magistrate. [1646.] FORNICATION. IT is Ordered by this Court and the Authority thereof; That if any man Commit Fornication with any single Woman, they shall be punished, either by enjoining Marriage, or Fine, or Corporal punishment, or all, or any of these, as the Judges of the Court that hath Cognizance of the Cause shall appoint. [1642.] THere being a seeming contradiction between the Laws tit. Fornication, and tit. Punishment; This Court doth Declare, That the former referring to a particular Crime, a shameful Sin, much increasing amongst us, to the great dishonour of God, and our profession of his Holy Name, the punishment of that Sin shall be as is prescribed in the said Law, any thing that may seem to restrain or limit the same, contained in the other Law, tit. Punishment, notwithstanding, And in case any person legally convicted of that or any other shameful and vicious Crime, be a Freeman; it shall be in the liberty and power of the Court that hath the proper cognizance thereof, besides any other Penalty or Punishment, to add Disfranchisement thereto, [1665.] Whereas there is a Law provided by this Court for punishing of Fornicators, but nothing as yet for the easing of Towns, where Bastards are born, in regard of the poverty of the Parent or Parents of such Children sometimes appearing, nor any Rule held forth touching the reputed Father of a Bastard for legal conviction; It is therefore Ordered, and by this Court Declared, that where any man is legally convicted to be the Father of a bastard-child, he shall be at the care and charge to maintain and bring up the same, by such Assistance of the Mother as nature requireth, and as the Court from time to time (according to circumstances) shall see meet to Order: and in case the Father of a Bastard, by confession or other manifest proof, upon trial of the case, do not appear to the Courts satisfaction, than the Man charged by the Woman to be the Father, thou holding constant in it, (especially being put upon the real discovery of the truth of it in the time of her Travail) shall be the reputed Either, and accordingly be liable to the charge of maintenance as aforesaid (though not to other punishment) notwithstanding his denial, The reputed Either of a Bastard to maintain it. unless the circumstances of the Case and Pleas be such, on the behalf of the Man charged, as that the Court that hath the cognizance thereof shall see reason to acquit him, and otherwise dispose of the Child and Education thereof; Provided always, in case there be no person accused in the time of her Travail, it shall not be available to abate the conviction of a reputed Father; any Law, Custom or Usage to the contrary notwithstanding. Freemen. Non-Freemen. TO the end the Body of the Freemen may be preserved of honest and good men; L. 2. p. 8. None but Church-members to be Freemen. It is Ordered, That henceforth no man shall be admitted to the Freedom of this Commonwealth, but such as are Members of some of the Churches within the limits of this Jurisdiction; And whereas many Members of Churches to exempt themselves from public service, will not come in to be made Freemen; It is Ordered, that no Members of Churches within this Jurisdiction, shall be exempt from any public service they shall be chosen to by the Inhabitants of the several Towns, as Constables, Jurors, Select men, Surveighors of the Highways; and if any such person shall refuse to serve in, or take upon him any such Office, being legally chosen thereunto, he shall pay for every such refusal, such fine as the Town shall impose, not exceeding twenty shillings for one offence. [1647.] THis Court having considered of the proposals presented to this Court by several of the Inhabitants of the County of Middlesex; Repealed. Do Declare and Order, That no Man whosoever, shall be admitted to the Freedom of this Body Politic, but such as are Members of some Church of Christ and in full Communion, which they declare to be the true intent of the ancient Law, page the eighth of the second Book, Anno. 1631. [1660.] IN Answer to that part of his Majesty's Letter of June 28. 1662. concerning admission of Freemen; This Court doth Declare, That the Law prohibiting all persons, except Members of Churches, Admission of Freemen. and that also for allowance of them in any County Court, are hereby Repealed. And do also Order and Enact, That from henceforth all English men, presenting a Certificate under the hands of the Ministers or Minister of the place where they dwell, that they are Orthodox in Religion, and not vicious in their lives, and also a Certificate under the hands of the Select Men of the place, or of the major part of them, that they are Free holder's, and are for their own proper estate (without heads of persons) rateable to the Country in a single Country Rate, after the usual manner of valuation in the place where they live, to the full value of ten shillings, or that they are in full Communion with some Church among us; It shall be in the liberty of all and every such person or persons, being twenty four years of age, Householders and settled Inhabitants in this Jurisdiction, from time to time to present themselves and their desires to this Court for their admittance to the Freedom of this Commonwealth, and shall be allowed the privileges to have such their desire propounded, and put to vote in the General Court, for acceptance to the Freedom of the Body politic, by the suffrage of the major part, according to the Rules of our Patent. [1664.] FOrasmuch as several persons who from time to time are to be made Freemen live remote, and are not able without great Trouble and charge to appear before this Court, to take their respective Oaths; County Court to give the Oath of Freedom. It is therefore Ordered, that henceforth it shall be in the power of any County Court to Administer the Oath of Freedom to any persons approved of by the General Court, who shall desire the same, Any Law or Custom to the contrary notwithstanding. [1664.] Galloping in Boston streets. Whereas it appears, that notwithstanding such wholesome Orders as have been hitherunto made by the Select men of Boston, provided for the restraint of all persons from violent Riding in the streets of the said Town: yet nevertheless, many take the liberty and boldness to Gallop frequently therein, to the great endangering the Bodies and Limbs of many Persons especially Children, who are ordinarily abroad in the streets, and not of age or discretion suddenly to escape such danger. This Court havi g seriously considered the Premises, being careful to prevent a practice that is like to be of such dangerous consequence; Penalty for Gal. logi g in Boston street▪ Do Order, That no person whatsoever, shall after the publication hereof, Gallop any Horse within any the streets of the said Town, upon penalty of forfeiting three shillings and four pence for every such offence, upon conviction before any one Magistrate or Commissioner of Boston, to be paid to the Treasury of the County of Suffolk, unless it appear on extreme necessity. Gaming and Dancing. UPon complaint of the disorders, by the use of the Games of Shuffle-board and Bowling, in and about Houses of Common-entertainment, L. 2. p. 8. whereby much precious time is spent unprofitably, and much waste of Wine and Beer occasioned; No Gaming to Ordinary. It is Ordered by this Court and the Authority thereof, That no person shall henceforth use the said Games of Shuffle board, or Bowling, or any other Play or Game, in or about any such House. Nor in any other House used as common for such purpose, upon pain for every keeper of such House to forfeit for every such offence twenty shillings, and every person playing at the said Game, etc. in or about any such House, shall forfeit for every such offence five shillings. No Gaming for money. Nor shall any person at any time Play or Game for any Money or Money worth, upon penalty of forfeiting triple the value thereof, one half to the party informing and the other half to the Treasury; nor shall any per on be an Abettor to any kind of Gaming on the like penalty. No Dancing in Ordinaries. Nor shall there be any Dancing in Ordinaries upon any occasion, on the penalty of fire shillings for every per●on that shall oslend; and any Magistrate may hear and determine any offence against this Law. [1646, 47, 51.] For preventing disorders arising in several places within this" urisdiction, by reason of some still observing such Festivals, A. 51. p. 8. as were Superstitiously kept in other Countries, to the great dishonour of God and offence of others; It is therefore Ordered by this Court and the Authority thereof, that whosoever shall be found observing any such day as Christmas or the like, either by forbearing labour, Penalty for keeping Christmas. feasting, or any other way upon any such account as aforesaid, every such person so offending, shall pay for every such offence five shillings as a fine to the County. And whereas not only at such times but several other times also, it is a custom too frequent in many places, to expend time in unlawful Games, as Cards Dice, etc. It is therefore further Ordered, and by this Court Declared, That after publication hereof, penalty for playing at Cards and Dice. whosoever shall be found in any place within this Jurisdiction, playing either at Cards or at Dice, contrary to this Order, shall pay as a fine to the County the sum of five shillings for every such offence. Whereas the great sin of Gaming increaseth within this Jurisdiction, to the great dishonour of God, corrupting of Youth, and expendof much precious time and estate: for the preventing of which, and as an addition to the Law, tit. Gaming, etc. Penalty for Gaming. This Court doth Declare, and be it Ordered by the Authority thereof, That what person or persons soever, shall bring into this Jurisdiction any playing Cards or Dice, or with whomsoever such Cards or Dice be found in his or their Custody, he or they shall pay as a fine the sum of five pounds, the one half to the Treasurer, the other half to the Informer: But in case any such Cards or Dice shall come into the custody of any person without his knowledge or consent, he shall carry them to the next Magistrate or Commissioner within two days after his knowledge of them, to dispose of them as the said Magistrate or Commissioner shall see cause, any such person shall be free from the penalty. And if any person that hath played or gamed, and shall give Information thereof, he shall be freed from the penalty of the Law to pay triple damage, but shall have no further benefit of the Law by his information. And also any such persons Testimony shall be good in Law, for one Testimony, against any that shall break this Law. And it is also Declared, that it is and shall be in the liberty of the Court or Judges that shall determine any such case, to punish the transgressor or transgressors of the Law, by imposing the fine, or otherwise by corporal punishment as they shall judge best; any Law, Usage or Custom to the contrary notwithstanding. [1670.] Heresy Error. ALthough no Humane power be Lord over the Faith and Consciences of men, yet because such as bring in damnable Heresies, tending to the subversion of the Christian Faith, and destruction of the Souls of men, ought duly to be restrained from such notorious impieties; It is therefore Ordered and Declared by the Court; That if any Christian within this Jurisdiction, shall go about to subvert and destroy the Christian Faith and Religion, by broaching and maintaining any damnable Heresies: As denying the immortality of the Soul, or resurrection of the Body, or any sin to be repent of in the regenerate, or any evil done by the outward man to be accounted sin, or denying that Christ gave himself a Ransom for our sins, Errors. or shall affirm that we are not justified by his death and righteousness, but by the perfections of our own works, L. 1. p. 2. or shall deny the Morality of the fourth Commandment, Anabaptists. or shall purposely departed the Congregaaion at the administration of that Ordinance, or shall deny the Ordinance of Magistracy, or their lawful Authority, to make War, or to punish the outward breaches of the first Table, Obstinate to be banished. or shall endeavour to seduce others to any of the Errors or Heresies abovementioned; every such person continuing obstinate therein, after due means of conviction, shall be sentenced to Banishment. [1646. 44.] 2. The Holy Scriptures of the Old and New Testament, A. 57 p. 7.8. being written by the Prophets, Apostles, and Holy men of God, inspired by the Holy Ghost, containing in them the infallible and whole Will of God, which he purposed to make known to Mankind, both for his own Worship and Service, and also for the Instruction, Obedience, Faith and Salvation of Man, which yet by Heretics in former ages, and now of late, have been opugned and denied so to be, which tends to the overthrow of all true Religion, and Salvation, for the prevention of so heinous a crime; It is Ordered by this Court and the Authority thereof; That what person or persons soever, professing the Christian Religion, above the age of sixteen years, that shall within this Jurisdiction, wittingly and willingly, at any time after the publication of this Order, deny either by Word or Writing, any of the Books of the Old-Testament, As Genesis, Exodus, Leviticus, Numbers, Deuterenomy, Joshua, Judges, Ruth, Samuel, Samuel, Kings, Kings, Chronicles, Chronicles, Ezra, Nehemiah, Esther, Job, Psalms, Proverbs, Ecclesiastes, Canticles, Isaiah, Jeremiah, Lamentations, Ezekiel, Daniel, Hosea, Joel, Amos, Obadiah, Jonah, Micah, Nahum, Habbakuk, Zephaniah, Haggai, Zechariah, Malachi. Or New, as Matthew, Mark, Luke, john, Acts, Romans, Corrinthians, Corrinthians, Galathians, Ephesians, Philippians, Colossians, Thessalonians, Thessalenians, Timothy, Timothy, Titus, Philemon, Hebrews, james, Peter, Peter, john, john, john, jude, and Revelation. To be the written and infallible Word of God. Denying the Scrip●●●e to be the word of God Or if any person as aforesaid, belonging to this Jurisdictton, shall commit the said crime upon the Sea, not being or belonging to the Jurisdiction of any other Commonwealth, shall be forthwith apprehended by the next Officer or Officers, whether Marshal or Constable or their Deputy, who shall have power so to do by warrant from any one of the Magistrates, and shall be committed to the Prison at Boston, without Bale or Mainprize, there to be safely kept till the next County Court, where upon sufficient Testimony brought against the said Delinquent, he shall be adjudged for his offence after legal conviction, to pay such a fine as the Court which shall have cognizance of the crime shall judge meet, not exceeding the sum of fifty pounds, Penalty. or shall be openly and severely whipped by the executioner, whether Constable or any other appointed, not exceeding forty strokes, unless he shall publicly recant before his Sentence (which if he do) he shall not pay above the fine of ten pounds to the Treasurer for the use of the Commonwealth, or be whipped in case he pay not the fine. And it is further Ordered and Enacted, That if the said Offender after his Recantation, Sentence or Execution, shall the second time publish, and Obstinately, and Pertinaciously maintain the said wicked Opinion, he shall be Banished or put to Death as the Court shall Judge. [1651.] 3. It is Ordered, A. 54. p. 7. that all and every of the Inhabitants of this Jurisdiction, that have any of the Books in their Custody, that go under the names of ●ohn Reeves, Muggletons' books to be delivered in to some Magistrate and Lodowick Muggleton (who pretends themselves to be the two last Witnesses, and Prophets of Jesus Christ) which are full of Blasphemies, and shall not bring or send in all such Books in their Custody to the next Magistrate, shall forfeit the sum of ten pounds for every such Book found in his hand, the one half to the Informer, the other half to the Country. to be burnt. And as many of the said Books, as are, or shall be in Custody, shall be burnt in the Market place at Boston, on the next Lecture day, by the Common Executioner. 4. Whereas there is a cursed Sect of Heretics lately risen up in the World, A. 56. p. 13. which are commonly called Quakers, who take upon th●m to be immediately sent of God, and infallibly assisted by the Spirit, to speak and write Blasphemous Opinions despising Government, and the Order of God in Church and Commonwealth, Quakers speaking evil of Dignities, reproaching and revi●ing Magistrates and Ministers, seeking to turn the People from the Faith, and gain Proselytes to their pernicious wares. The Court considering the premises, and to prevent the like mischief, as by their means is wrought in our Native Land; Doth hereby Order, and by the Authority of this Court be it Ordered and Enacted; That no Master or Commander of any Ship Bark, Pinnace, Not to be brought into this Jurisdiction by any Master of ship on penal●y of 100 pounds Catch, or other Vessel, shall henceforth bring into any Harbour, Greek or Cove within this Jurisdiction, any known Quaker or Quakers, or any other Blasphemous Heretics as aforesaid, upon the penalty of the forfeiture of one hundred pounds, to be forthwith paid to the Treasurer of the Country, except it appeareth that such Master wanted true notice or information that they were such, and in that case he may clear himself by his Oath, when sufficient proof to the contrary is wanting. And for default of payment of the said fine of one hundred pounds, or good security for the same, such Master shall be committed to prison, by warrant from any Magistrate, there to continue till the said fine be satisfied to the Treasurer as aforesaid. Masters that bring in Quakers must carry them back. And the Master or Commander of any such Ship or Vessel that shall bring them, being legally convicted, shall give in sufficient security to the Governor or any one or more of the Magistrates, to carry them back to the place whence he brought them, and on his refusal so to do, the Governor or the said Magistrate or Magistrates shall commit such Master or Commander to prison, there to continue till he shall give in sufficient security to the content of the Governor or said Magistrates. And if any person or persons within this Jurisdiction, shall henceforth entertain and conceal any such Quaker or Quakers, or other Blasphemous Heretics (knowing them to be such) every such person shall forfeit to the Country forty shillings for every hours entertainment and concealment of any Quaker or Quakers, A. 57 p. 26. etc. as aforesaid, and shall be committed to prison as aforesaid, till the fines be fully satisfied and paid. 5. And every person or persons, A. 58. that shall encourage or defend any of their pernicious ways, by speaking, writing or meeting on the Lord's day, or at any other time, Incouragers of Quakers their penalty. shall after due means of conviction incur the penalty insueing, viz. every person so meeting, shall pay to the use of the Country, for every time ten shillings, and every one speaking in such meeting, shall forfeit five pounds. Dispersing Quaker, Books 6. If any person shall knowingly import into any Harbour of this Jurisdiction, any Quakers Books or writings, concerning their damnable Opinions, he shall forfeit for every such Book or Writing five pounds, and whosoever shall disperse or conceal any such Book or Writing, and it be found with him or her, or in his or her House, and shall not immediately deliver the same to the next Magistrate, penalty 5 pounds shall forfeit and pay five pounds for dispersing or concealing every such Book or Writing. Reviling of Magistrates or Ministers. 7. And every person or persons whatsoever, that shall revile the Office or person of Magistrates or Ministers, as is usual with the Quakers, such person or persons shall be severely whipped, or pay the sum of five pounds. 8. And every person that shall publish and maintain any Hetrodox or erroneous Doctrine, A. 53. p. 19 Publishers of Errors shall be liable to be Questioned and Censured by the County Court where he liveth, according to the merit of his Offence. 9 Whereas there is a pernicious Sect, commonly called Quakers, A. 58. lately arisen, who by Word and Writing, have published and maintained many dangerous and horrid Tenants, and do take upon them to change and alter the received laudable customs of our Nation, in giving civil respect to equals, or reverence to Superiors, whose Actions tend to undermine the Authority of Civil Govornment as also to destroy the Order of the Churches, by denying all established forms of Worship, and by withdrawing from the Orderly Church Assemblies, allowed and approved by all Orthodox Professors of the Truth; and instead thereof, and opposition thereunto, frequenting private meetings of their own, insinuating themselves into the minds of the simpler, or such as are less affected to the Order and Government of the Church and Commonwealth, whereby divers of our Inhabitants have been infected and seduced, notwithstanding all former Laws made, (upon experience of their arrogant bold obtrusions, to disseminate their Principles amongst us) prohibiting their coming into this Jurisdiction, they have not been deterred from their impetuous Attempts to undermine our peace and hasten our ruin; Quakers to be Apprehended For prevention thereof, This Court doth Order and Enact, that every person or persons of the cursed Sect of the Quakers, who is not an Inhabitant of, but found within this Jurisdiction, shall be Apprehended (without Warrant, where no Magistrate is at hand) by any Constable Commissioner or Select Man, and conveyed from Constable to Constable until they come before the next Magistrate, who shall commit the said person or persons to close Prison, Imprisoned there to remain without Bail until the next Court of Assistants where they shall have a legal trial by a special Jury, and being convicted to be of the Sect of the Quakers, shall be sentenced to Banishment upon pain of Death. Banished on pain of death. And that every Inhabitant of this Jurisdiction, being convicted to be of the aforesaid Sect, either by taking up, publishing and defending the horrid Opinions of the Quakers, or by stirring up Mutiny, Qualification of Quakers Sedition or Rebellion against the Government, or by taking up their absurd and destructive practices, viz. denying civil respect and reverence to Equals and Superiors, withdrawing from our Church Assemblies, and instead thereof frequenting private meetings of their own, in opposition to Church Order, or by adhering to, or approving of any known Quakers that are opposite to the Orthodox received Opinions and Practices of the Godly, and endeavouring to disaffect others to Civil Government and Church Order; and condemning the practice and proceed of this Court against the Quakers, manifesting thereby compliance with those, whose design is to overthrew the Order established in Church and Commonwealth: Every such person upon examination, and legal conviction before the Court of Assistants in manner as aforesaid, shall be committed to close prison for one Month, and then unless they choose voluntarily to departed the Jurisdiction, shall give Bond for their good Abbearance and appearance at the next Court of Assistants, where continuing obstinate, and refusing to retract and reform the aforesaid Opinions and Practices, shall be sentenced to Banishment upon pain of Death: And in case of the aforesaid voluntary departure, not to remain, or again to return into this Jurisdiction, without the allowance of the major part of the Council first had and published, Quakers voluntarily departed, m●y 〈◊〉 return without licence on penalty of being Banished upon pain of Death, and any one Magistrate, upon information given him of any such person, shall cause them to be apprehended, and if upon examination of the case, One Magistrate may commit to prison. he shall according to his best discretion find just ground for such complaint, he shall commit such person to prison, until he comes to his trial as is above expressed. [1646.] THis Court being desirous to try all means, with as much Lenity as may consist with our safety, to prevent the Intrusions of the Quakers, who besides their Absurd and Blasphemous Doctrines, do like Rogues and Vagabonds come in upon us, and have not been restrained by the Laws already provided; Have Ordered, that every such Vagabond Quaker, found within any part of this Jurisdiction, Order against Quakers and Vagabond Rogues. shall be Apprehended by any person or persons, or by the Constable of the Town wherein he or she is taken, and by the Constable or in his absence, by any other person or persons conveyed before the next Magistrate of that Shire wherein they are taken, or Commissioner invested with Magistratical power: And being by the said Magistrate or Magistrates, Commissioner or Commissioners adjudged to be a wand'ring Quaker, viz. one that hath not any dwelling, or orderly allowance as an Inhabitant of this Jurisdiction, and not giving civil respect by the usual gestures thereof, or by any other way or means manifesting himself to be a Quaker, shall by Warrant under the hand of the said Magistrate or Magistrates, Commissioner or Commissioners, directed to the Constable of the Town wherein he or she is taken, or in absence of the Constable, to any other meet person, be stripped naked from the middle upwards, and tied to a Cart's tail, and whipped through the Town, and from thence immediately conveyed to the Constable of the next Town towards the borders of our Jurisdiction, as their Warrant shall direct; and so from Constable to Constable till they be conveyed through any the outward most Towns of our Jurisdiction. And if such Vagabond Quaker shall return again, then to be in like manner Apprehended, and conveyed as often as they shall be found within the Limits of our Jurisdiction; Provided every such wand'ring Quaker, having been thrice convicted and sent away as abovesaid, and returning again into this Jurisdiction, shall be Apprehended, and Committed by any Magistrate or Commissioner as abovesaid unto the House of Correction within that County wherein he or she is found, until the next Court of that County; where if the Court judge not meet to release them, they shall be Branded with the Letter R. on their left shoulder, and be severely Whipped, and sent away in manner as before. And if after this, he or she shall return again; then to be proceeded against as Incorrigible Rogues and Enemies to the Common Peace, and shall immediately be apprehenended, and Committed to the Common Goal of the Country, and at the next Court of Assistants shall be brought to their trial, and proceeded against according to the Law made Anno. 1658. pag. 36. for their punishment on pain of death. And for such Quakers as shall arise from amongst ourselves, they shall be proceeded against as the former Law of Anno. 1658. pag. 36. doth provide, until they have been convicted by a Court of Assistants; and being so convicted, he or she shall then be Banished this Jurisdiction; and if after that they shall be found in any part of this Jurisdiction, than he or she so Sentenced to Banishment, shall be proceeded against as those that are Strangers and Vagabond Quakers, in manner as is above expressed. And it is further Ordered, That whatsoever charge shall arise about Apprehending, Whipping, Conveying, or otherwise about the Quakers, to be laid out by the Constables of such Towns where it is expended, and to be repaid by the Treasurer out of the next Country Levy. And further, that the Constables of the several Towns are hereby empowered from time to time, as necessity shall require, to Impress Cart, Oxen, and other Assistants for the Execution of this Order. [1661.] THis Court heretofore, for some Reasons inducing, did judge meet to suspend the execution of the Laws against Quakers, as such, so far as they respect Corporal punishment or Death, during the Court's pleasure. Now forasmuch as new complaints are made to this Court of such persons abounding, especially in the Eastern parts, endeavouring to draw away others to that wicked Opinion; Order against Vagabond Quakers May 1661. in force. It is therefore Ordered, that the last Law tit. Vagabond Quakers, May 1661. be henceforth in force in all respects; Provided that their Whipping be but through three Towns: and the Magistrate or Commissioners signing such Warrant, shall appoint both the Towns, and number of Stripes in each Town to be given. [1662.] HIDES and SKINS. Whereas some persons more seeking their own private advantage then the good of the Public, do Transport Raw Hides and Pelts; It is Ordered that henceforth no person shall deliver aboard any Ship or other Vessel, Raw Hides not to be transported. directly or indirectly, any Raw Hide, Skin, Pelt or Leather unwrought, with intent to have the same transported out of this Jurisdiction, upon pain to forfeit the same or the value thereof And that no M●ster of any Ship or Vessel shall receive any Raw Hides, Skins, Pelts or Leather unwrought, directly or indirectly aboard his Ship or Vessel to be so transported upon the like penalty. Provided that any Person, Stranger or other, may transport any Hides or Skins brought hither from beyond the Seas by way of Merchandise, or the Skins of Beaver, Moos, Bear and Otter. [1646.] 2. Upon Information of the neglect of many persons, L. 2. p. 8. in not saving such Hides or Skins, as either by casualty or Slaughter come to hand, whereby damage redounds to the Country; It is Ordered, that every Hide or Skin shall carefully be dried, before it corrupt, Hides and skins to be preserved. and that such Hides or Skins shall be sent where they may be Tanned or Dressed, and whosoever shall neglect to do as aforesaid, shall forfeit for every such Hide five shillings, and for ever Skin of Calves or small Cattle twelve pence. [1640, 46.] HIGHWAYS. TO the end there may be convenient Highways for Travellers. It is Ordered by the Authority of this Court, That all Country Highways shall be such as may be most easy and safe for Travellers, to which purpose the Court of that County where such Highways is to be made and laid out, shall upon complaint appoint two or three men of each next Town, whose Inhabitants have most occasion thereof, upon view to lay out such Highways according to Order, given them by that Court, and make return of what they do therein to the next Court, Provided always it occasion not the pulling down of any Man's House, or laying open any Garden or Orchard, and in Common Grounds, or where the Soil is wet, miry or very rocky, shall lay out such Highways the wider, viz. six, eight, ten or more Rods. Satisfaction to be given proprietor. Provided, that if any Man be thereby damaged in his improved Ground, the Town shall make him reasonable satisfaction, by estimation of those that laid out the same: and if such persons deputed cannot agree, it shall be referred unto the County Court of the Shire, who shall have power to heat and determine the Case; And if any person find himself justly grieved with any act or thing, done by the persons deputed aforesaid, he may Appeal to the County Court aforesaid, but if he be found to complain without cause, he shall surely pay all charges of the parties, and Court, during that Action, and also be fined to the Country as the Court shall adjudge. [1639.] Private ways in Towns. 2. It is Ordered and Declared by this Court, That the Select Townsmen of every Town, have power to lay out (by themselves or others) particular and private ways concerning their own Town, only so as no damage be done to any man without due recompense to be given by the judgement of the said Select men, Private ways in Town● and one or two chosen by the said Select men, and one or two chosen by the party, and if any person shall find himself justly grieved, he may Appeal to the next County Court of that Shire, who shall do justice therein as in other Cases. [1642.] Encumbrance in Highways to be removed, 3. Upon information that divers Highways are much annoyed and encumbered by Gates and Rails erected upon them; It is Ordered by the Authority of this Court; That upon any information or complaint made to any County Court, or to any Magistrate of any such Gates or Rails erected, or to be erected upon any Common Highway, the said Court or Magistrate shall appoint a Committee of discreet and indifferent men to view such encumbrance, and to Order the reformation thereof. And if the parties whom it shall concern, shall not submit to such Orders, they shall require them to appear at the next Court of that Shire, and also shall certify the encumbrance found, and Order by them made under their hands unto the said Court, or appear in person to prosecute the cause, where it shall be heard and determined for ease and conveniency of Travellers, with due respect to the Proprietors' cost and damage, but no person shall stand charged with the repair of common Highways through his own Ground. [1647.] HORSES, MARES. IT is Ordered by this Court and Authority thereof; L. 2. p. 11. That no Master or Commander of any Ship or Bark, shall receive on board his Ship or Vessel, any Horse, Gelding or Mare, but such as shall be entered into a Book, with the colour, particular marks and age, (as near as may be known) and person of whom such Horse was last bought, Horses to be transported, to be entered in a Book. and proof by Witness or Oath that he was the true owner thereof, to be kept by the Clerks of the Writs in all their Towns, who are hereby Authorized to view all such as shall be shipped; and for every Horse so entered, there shall be paid to the said Officers, by the Owner or Merchant of such Horse, six pence a piece. And every Commander or Master of any Vessel, who shall take on board any other Horse or Mare, except such as he shall receive a Note under the hand of the said Clerk, and be entered as aforesaid, Penalty shall for every such offence forfeit the Sum of forty shillings to the Informer and forty shillings to the Treasury. [1649.] No Hors●● to 〈◊〉 sold to Indians. It is Ordered, that no person shall under any pretence sell or any way dispose any Horse, Mare or Colt, to any Indian, upon the penalty of one hundred pounds. [1655.] Whereas the Breed of Horses in the Country is utterly spoiled, whereby that useful Creature will become a burden, which otherwise might be beneficial, and the occasion thereof is conceived to be through the smallness and badness of Stone Horses and Colts that run in Commons and Woods; For prevention whereof, This Court doth Order and Enact, and be it Ordered and Enacted by the Authority hereof, Order for the best of stone Horses That no Stone Horse above two years old shall be suffered to go in Commons and Woods at liberty, unless he be of comely proportion and sufficient stature, not less than fourteen Hands high, reckoning four Inches to a Handful, and such a Horse to be viewed and allowed by the major part of the Select men of the Town where the owner lives. And if any person or persons turn any Stone Horse upon the Commons, or at liberty, or in the Woods, being not viewed and allowed as before, he or they shall forfeit twenty shillings a Month for every Stone Horse running at liberty, after he is a two years old; which penalty is to be taken by Warrant of the Select Men, and employed to the Towns use, and if the Select Men of any Town do neglect their duty in taking their fines, and viewing such as are brought in, according to this Law, they shall forfeit twenty shillings to the County Treasury; and this Law to be in force the first of October next. [1668.] Idle Persons. Whereas in the Law tit. House of Correction, Idle persons are particularly named as such, as the Law intendeth should be committed to that House for Correction and Reformation: This Court taking notice, upon good information and sad complaints, that there are some persons in this Jurisdiction, that have Families to provide for, who greatly neglect their Callings, or misspend what they earn, whereby their Families are in much want, and are thereby exposed to suffer, and to need relief from others; This Court for remedy of these great and unsufferable evils; do Declare, that by Idle persons (mentioned in the recited Law) such neglectors of their Families, are comprehended amongst the rest, and that in a special manner. [1668.] Constable to take notice of Idle persons. IT is Ordered, that no person, Householder or other, shall spend his time Idly or unprofitably, under pain of such punishment, as the County Court shall think meet to inflict. And the Constables of every Town are required to use special care to take notice of Offenders in this kind, especially of common Coasters, unprofitable Fowlers, and Tobacco takers, and present the same to the next Magistrate, who is hereby empowered to hear and determine the cause, or transfer it to the next Court. [1633.] JESVITES. THis Court taking into consideration the great Wars, Combustions and Divisions which are this day in Europe and that the same are observed to be raised and fomented, chief by the secret undermine, and solicitations of those of the Jesuitical Order, Men brought up and Devoted to the Religion and Court of Room, which hath occasioned divers States to expel them their Territories, for prevention whereof among ourselves; Forbidden to enter out Jurisdiction. It is Ordered and Enacted by Authority of this Court, That no Jesuit or Spiritual or Ecclesiastical person (as they are termed) Ordained by the Authority of the Pope or See of Room; shall henceforth at any time repair to, or come within this Jurisdiction: And if any person shall give just cause of suspicion, that he is one of such Society or Order, he shall be brought before some of the Magistrates, and if he cannot free himself of such suspicion, he shall be committed to Prison, or bound over to the next Court of Assistants, to be tried and proceeded with, To be Banished. by Banishment or otherwise as the Court shall see cause. And if any person so Banished, be taken the second time within this Jurisdiction, upon lawful trial and conviction, he shall be put to Death. Provided this Law shall not extend to any such Jesuit, Spiritual or Ecclesiastical person, as shall be cast upon our Shores by Shipwreck or other Accident, so as he continue no longer then till he may have opportunity of Passage for his departure; nor to any such as shall come in company with any Messenger hither upon public occasions, or Merchant, or Master of any Ship belonging to any place, not in enmity with the State of England, or ourselves, so as they depart again with the same Messenger, Master or Merchant, and behave themselves inoffensively during their abode here. [1647.] IMPOSTS. FOR the support of the Government and Maintenance of Fortification, for the protecting and safe guarding our Harbours for ourselves and others that come to Trade with us; It is Ordered by this Court and the Authority thereof, A. 53. p. 19 That every Person, Merchant, Seaman or other, that bring Wines, or Strong-waters into any of our Harbours, in any Ships or Vessels whatsoever (except they come directly from England as their first Port) before they Land any of the said Wines or Strong-waters, more or less, Wines to be entered before landed. shall first make entry of as many Butts, Pipes or other Vessels, as they or any of them shall put on shore, by a Note under their Hands delivered to the Officer that is to receive the Customs at his House, upon pain of forfeiture and confiscation of all such Wines and Strong-waters as are Landed, before such entry made, wheresoever found, the one half to the Country, the other half to the Officer, and the Merchant or owner of such Wines of any kind, or Strong waters, as soon as he Lands them, shall deliver and pay unto the said Officer what is due for Custom of them according to this Order, Custom to be paid upon the Landing. in Wine or Strong-water, according to the proportion of the goodness of the parcel that is brought in, as the Officer and Owner can agree, to the contentment and satisfaction of the said Officer, but if they cannot agree, Customers Deputy. the Treasurer for the time being shall Determine the price thereof. And it is further Ordered, that the chief Officer or Customer shall have under him a Deputy or Deputies, who shall be as searchers or waiters in several places, to take up such Wines or Strong-waters by order of the said chief Officer, and to take notice of what is Landed in any place of this Jurisdiction, that the Country be not defrauded, who shall have due recompense, as the chief Officer shall agree with them, and all Wines shall pay Custom according to the Rates following: Rates of the Custom of wine. Every Butt or Pipe of Fyall Wines, or any other Wines of the Western Islands, five shillings. Every Pipe of Madera wine six shillings eight pence. Every Butt or Pipe of Sherry, Sack, Malaga, or Canary Wines, ten shillings. Muscadels, Malmsies and other Wines from the Straits, ten shillings. Bastards, Tents and Alligants, ten shillings. And proportionable for greater or lesser Vessels of each kind. Every Hogshead of French Wines two shillings six pence. And every Hogshead of Strong-waters, ten shillings, and proportionably for greater or lesser quantities. Customers power and duty. 2. And for the better recovering any such Customs of Wines and Strong waters, or Forfeitures, for not entering according to this Order; It is Ordered, that the said Officer or his Deputy, hath hereby power, and is required to go into all Houses or Cellars, where he knoweth or suspecteth any Wine or Strong-waters to be, and shall seize all such Wines and Strong-waters as are not entered according to this order; and also seize and take possession of so much Wines and Strong-waters as shall make payment for what Custom is due, according to entries made, and is refused or neglected to be paid in due manner according to this Order. Constables to assist the Officer And all Constables and other Officers are hereby required to assist and aid the Officer in the discharge of his duty, and helping to break open such Houses or Cellars of the Owners of such Wines or Strong-waters, as shall refuse to open their doors or deliver their Keys in a peaceable manner. Constables and others to assist the Customer And any Smith, Carter, Owner of Boat, Porter or other, that shall be required by the Officer to help and assist in taking, loading and transporting such Wines for the use of the Country, and shall refuse or neglect such service for due hire, shall forfeit to the Common Treasury, ten shillings for such default, on penalty of ten shillings to be levied by the Constable, by Warrant from any one Magistrate. And all Debts due unto the Country for Custom of Wines or Strong-waters, where Wines or Strong-waters are not to be found, they shall be recoverable in a way of Action, according to the course of Law in other Cases. 3. And it is further Ordered, L. 2. p. 9 That besides the Customs of Wines or Strong-waters aforesaid, all Merchants or Masters of Strangers Ships; which shall arrive with Merchandise, in any of our Harbours of Boston or Charls-town, and shall make sale thereof, or of the greater part of the ●ame, shall pay by way of Custom or Imposition, Six pence per 〈◊〉 paid by every 〈◊〉. after the Rate of six pence per Tun for every Ship, to be paid out of the said Merchandise; And the Master of every such Ship, shall also pay ten shillings towards the maintenance of our Fortifications, for the de●ence of our said Harbours; Provided no English-ship, or other Ship or Vessel, Fraught in England, by any English man arriving in our said Harbours, nor any Vessel of our Confederates, or any other parts where our Sips are free of Customs, Imposts and Taxes, shall pay the said Custom of six pence per Tun to the Officer appointed, For a ship of 〈…〉. but only towards the maintenance of the said Fortifications ten shillings for every Ship above the burden of two Hundred Tuns, and six shillings eight pence for all other Vessels and Ships under that burden. [1645.] Impost on Wine and Strong Liquors. Whereas the General Court hath formerly for good and weighty Reasons, laid an Impost upon Wines and Strong-waters Imported; Imp●●● 〈…〉 Ale a●d 〈…〉 p●r Hog●●●● It is thought expedient by this Court, for good causes and considerations, to set a Rate upon all Cider, Mum, Ale and Beer; sold in public Houses licenced to sell such things, that is to say, two shillings six pence per Hogshead upon all Cider, Ale and Beer, and five shillings per Hogshead upon all Mum, and so in proportion thereto, to each of them in greater or lesser quantities. M●●●● 〈◊〉 p●r ●●●she●d And this Court doth further Order that these Rates or Sums abovesaid, be paid to the Treasurer of the Country or to his Assigns in Money▪ by every person Licenced to keep an Inn, Ordinary, or House of public entertainment, within this Jurisdiction whatsoever. And to that end, every person so Licenced, and selling, are Ordered and Required to keep a true and just account of what he or they shall sell from time to time; and that at the end of every Month or Week, being thereto required, after the publication hereof, they shall present the said account to the Treasurer abovesaid, upon Oath if required, or to his Assign, and pay all the Money due hereby; and in case any of the persons Licenced as abovesaid, shall refuse or neglect to do what is above Ordered, upon conviction before any two Magistrates or Court of that County where the offence is committed, shall pay-treble damage to the Country or forfeit his or their Licence, at the discretion of that Authority that shall take Cognizance thereof. [1668.] FOr the better Explanation and effectual Execution of the Law, tit. Impost; Wines & Strong Liquors imported to be entered with the Officer, It is Ordered and Enacted by this Court and the Authority thereof; That all Wines and Strong-waters Imported into this Jurisdiction, according to that Law, be entered with the Officer in particulars, both for quantity and quality, before any of it be Landed, upon the penalty of the forfeiture of all that is Landed before it be entered. It is Ordered that the Impost required by Law be paid to the Officer in Money, or the best of the specie at Money price. Impost upon all Goods and Provisions. THis Court taking notice of sundry Complaints of much Inequality in the present way of raising Moneys to defray Public Charges; Do therefore Order, and by the Authority of this Court, be it Ordered and Enacted: I. That all Goods, Wares, Merchandizes and Provisions of all sorts (excepting Fish, Sheeps-Wool, Cotton-wool, Salt, and such other things as by former Laws are exempted, or otherwise provided for) which from any foreign part, or other Jurisdiction, shall be imported into any of our Harbours, Ports, Shores or elsewhere within this Jurisdiction, shall be Rated in a just proportion with Estates Rateable in the Country, viz. for every twenty shillings value, shall be paid one penny in Money. II. All Goods, Wares and Merchandizes as aforesaid, shall be here valued as followeth; that is, Every Hundred pounds at the Port or Place from whence it came, to be accounted here at one Hundred and twenty pounds, which penny per twenty Shillings, shall be paid by the Agent, Factor, Owner or other person by whom they are brought, or to whom they are sent or Consigned; and so according to the same proportion for all greater or lesser quantities whatsoever. III. To which end, all Goods and Provisions as aforesaid Imported, shall by the Master, Purser, Boatswain, or Skipper of each Ship or other Vessel in which they are brought, before breaking Bulk, or Landing any of the said Goods, be certified unto the Country Treasurer or Collector by him empowered in the several Port Towns, or other places where they are brought, on penalty of forfeiture of twenty shillings per Tun, according to the burden of the Ship or Vessel wherein they are brought from time to time. IU. And all and every such Collector, shall carefully and truly enter all such Goods, with their several Marks, Casks, Packs, Fardels, Trusses, Chests, Trunks, Cases, and all other things however called or distinguished, with the Names of the persons to whom such Goods or other Things are sent and Consigned, or are Owners thereof, so far as may by any lawful means be discovered. V And all persons to whom such Goods or other things aforesaid, are Consigned or sent, or are the Owners thereof, shall from time to time; before such Goods are Landed, signify the true and just value thereof, by showing the true and perfect invoice thereof, unto the aforesaid Collectors for each Port; who are hereby required to Enter the gross Sum thereof in a Book for that purpose, what the said Goods or other things amount unto, and shall forthwith demand and receive the several Rates or Assessments aforementioned, or certify the Treasurer, or such other Collector or Receiver as is concerned therein. VI And in case of denial or delay of payment, the Collector Authorized as aforesaid, shall levy the same by distress upon the said Goods, at the Rate or price set in the invoice, out of which he shall have two shillings per pound for his time and labour therein: And for the more full effecting hereof, the said Collector is empowered to require aid (if need be) as any Constable may in the like service, and no man may refuse to assist, upon the same penalty the Law in that case express. VII. If any invoice or Bill of Parcels shall be falsified, concealed, or not produced, of any Goods or other things imported as aforesaid, it shall be lawful for the Treasurer or Collector, with the Select Men of each Town therein concerned, to Rate all such Goods, or the Owner, or other Agent for the same, by Will and Doom, according to their best discretion; Provided it be not less than four pounds per Tun, as the same stands Entered in the Bill of Lading, in the Boatswain or other Officers Book. VIII. It is further Ordered, in reference to all sorts of Cattle that are brought into this Jurisdiction, to be sold, killed or transported, that the Venders shall give a just and true account of all such Cattle so brought, to some one of the aforesaid Officers empowered to act herein, both in respect of number and kind, and the same shall be entered in a Book; and the Owners of all such Cattle, or the person with whom they are trusted; before they are set to sale, killed or put on Board any Vessel for transport, shall pay for every Head as is expressed in the Law tit. Charges Public, upon penalty of forfeiture of any such Beast, or the true value thereof, in whose hand soever found; the one half to the public Treasury, the other half to the Informer. IX. For all other sorts of Goods, Hides, Skins, Beaver, Peltry, Butter, Cheese, or other Merchandise or Provisions brought into this Jurisdiction by Land, the Owner, Factor, Agent; or other person entrusted, shall before any sale made, or before any putting on Board any Vessel for transport, or other disposal of the said goods, make a just and true Entry thereof, as is before provided concerning Goods imported by Sea, and to be ●●ated one penny in every twenty shillings, the same to be paid in Money to the said Officer, under the penalty of forfeiture as aforesaid; the one third part to the Country Treasurer, one third part to the Informer, and one third part to the Collector. X. The Country Treasurer for the time being, is hereby impowered and required duly to execute, or cause to be duly and fully executed this present Order in each particular part thereof; who is also impowered and Authorized to depute and empower all such Officers under him, as he shall judge necessary for the accomplishment thereof, who upon Warrant to them directed under his Hand and Seal, shall attend the same: And the said Officer or Officers shall be accountable to the said Treasurer, when he shall call them thereunto. XI. It is also Ordered, That such Goods or other things as upon importation shall by this Order be paid for, shall not again for that year be Rated, whilst they remain in the hands of them that so paid for them. XII. In case the Treasurer or any Officer under him, shall find any great difficult or doubtful case in the execution of this Order, they shall repair to the Governor and Council, or so many of them as can conveniently assemble, provided the number be not less than five, who are hereby empowered to give such Order and Directions for removing Obstructions, as the major part of them shall judge expedient, for the effectual prosecution of this Order. And the Order Respecting Customs, made October 1668. is hereby Repealed. And it is Ordered further, That this present Law be in force forthwith, upon the ending of this present Sessions, and forthwith publish in Boston and Charlstown. It is Ordered by this Court, that this shall be the Seal of the Treasurers Office. T.M. ALthough there are several Orders made by this Court, concerning the receiving of the Rates of Goods Imported, yet it is found by experience, that it falls short of attaining the full end intended: For prevention of the defrauding of the Officer who is appointed to Collect the same; Law to prevent the defrauding of the Officer for Customs It is hereby Ordered, as an Addition to what the Law hath provided in this case, that all Masters of Ships or other Vessels, coming into our Ports with any Goods Rateable according to Law, shall keep in their Custody all such Goods, till they receive an Order from the Collector to deliver the same, or in defect thereof to pay unto the said Officer the full value of the Rate appointed by Law. [1670.] Three Questions resolved. Whether the revenue arising by Rate or Custom of Goods Imported, as also Powder paid by Shipping belonging to Strangers and brought into the River of Pascataqua, is to be returned to the Public Treasury of this Country? This Question is Resolved by the whole Court on the Assirmative. Whether the Money already Collected in Pascataqua River, viz. by Customs or Rate on Goods Imported, etc. and for Powder paid by shipping, that is, what hath been received from Strangers, and such as are not Inhabitants of the said River, is to be returned to the public Treasury of this Country; this Question also was resolved on the Affirmative by the Court. Whether the Revenue arising by the Rate or Custom laid on Goods Imported, belonging to the Inhabitants of Pascataqua River, which is brought into the said River, is to be paid into the Country Treasurer; This Question is Resolved in the Negative by the whole Court. [1671.] IMPRESSES. IT is Ordered by this Court and the Authority thereof; That in all public works of this Commonwealth, L. 1. p. 9 one Magistrate and the overseer of the work, Labourets pressed for any pablick work shall have power to send their Warrants to the Constables of the next Towns, to send so many Labourers and Artificers as the warrant shall direct, which the Constable and two other or more of the Freemen, which he shall choose, shall forthwith execute for which service, such Magistrate and Overseer aforesaid, shall have power to give such Wages as they shall judge the Work to deserve, Provided that for any ordinary work, no man shall be compelled to work from home above one week together. 2. It is also Ordered, That no man shall be compelled, to any Public work or service, unless the press be grounded upon some act of the General Court, and have reasonable allowance for the same, nor shall any man be compelled in Person to any Office, Work, Wars, or other public service, that is necessarily and sufficiently exempted, by any natural or personal impediment, as by want of years, greatness of years, Persons free for defect def of mind, failing of fences, or impotency of Limbs: Nor shall any man be compelled to go out of this Jurisdiction upon any offensive Wars, which this Common wealth, or any of our Friends or Confederates, as shall voluntarily undertake, but only upon such vindictive and defensive Wars in our own behalf or the behalf of our Friends and Confederates as shall be enterprised by the Council and consent of a General Court, Cattle and other goods damnified in the Country service to be made good or by Authority derived from the same. Nor shall any man's Cattle or Goods of what kind soever, be Pressed, or taken for any Public use or service, unless it be by Warrant, grounded upon some Act of the General Court; Nor without such reasonable Prizes and Hire, as the ordinary Rates of the Country do afford, and if his Cattle or Goods shall perish or suffer damage in such service, the Owner shall be sufficiently recompensed. [1641.] IMPRISONMENT. IT is Ordered and by this Court Declared, That no Man's Person shall be Restrained or Imprisoned by any Authority whatsoever, before the Law hath Sentenced him thereto, Who Bailable. if he can put in sufficient Security, Bail or Mainprize, for his appearance and good Behaviour in the mean time, unless it be in Crimes Capital, and Contempt in open Court, and in such Cases where such express Act of Court doth allow it. [1641.] INDIANS. FOR settling the Indians Title to Lands in this Jurisdiction; A. 52. p. 16. It is Declared and Ordered by this Court and Authority thereof, That what Lands any of the Indians in this Jurisdiction have possessed and improved, by subduing the same, they have just right unto, according to that in Gen. 1.28. & chap. 9.1. & Psal. 115.16. Indians Title to Land. And for the further encouragement of the hopeful work amongst them, for the Civilising, and helping them forward to Christianity; If any of the Indians shall be brought to Civility, and shall come among the English to Inhabit, in any of their Plantations, and shall there live Civilly and Orderly; That such Indians shall have Allotments amongst the English, according to the Custom of the English in like case. Civil Indians to have Land granted them. Further it is Ordered, that if upon good experience, there shall be a competent number of the Indians brought on to Civility, so as to be capable of a Township, upon their request to the General Court, they shall have grant of Lands undisposed of, for a Plantation as the English have. And further it is Ordered by this Court, that if any Plantation or Person of the English, Indians not to be dispossessed shall offer injuriously to put any of the Indians from their Planting grounds, or Fishing-places, upon their complaint and proof thereof, they shall have relief in any of the Courts of Justice amongst the English, as the English have. And further it is Ordered by this Court and the Authority thereof, and be it hereby Enacted, That all the Tract of Land within this Jurisdiction, whether already granted to any English Plantations or Persons, or to be granted by this Court (not being under the qualification of Right to the Indians) is, and shall be accounted the just Right of such English as already have, or hereafter shall have Grant of Lands from this Court, and the Authority thereof; from that of Genesis 1.28. and the Invitation of the Indians. 2. And it is Ordered, L. 1. p. 28. That no Person whatsoever, shall henceforth buy Land of any Indian without Licence first had and obtained of the General Court, and if any offend herein, None to buy Land of Indians such Land so bought shall be forfeited to the Country. Nor shall any person, sell, give or Barter, directly or indirectly, any Gun or Guns, Powder, Bullets, Shot, Led to any Indian whatsoever, or to any person Inhabiting out of this Jurisdiction: no arms or ammunition to be traded with the dianes. Nor shall any amend or repair any Gun belonging to any Indian, nor shall sell any Armour or Weapons, upon penalty of ten pounds for every Gun, Armour or Weapons so sold, given or Bartered, five pounds for every pound of Powder, forty shillings for every pound of Shot or Lead, and proportionably for any greater or lesser quantity. [1633. 37.] FOR Explanation of the Law, tit. Indians; This Court doth Declare the Prohibition there expressed, Referring to the purchase of Indian Land without Licence from this Court, is to be understood, as well Grants for term of years as for ever, and that under the same penalty, as in the said Law is expressed. [1665.] 3. Whereas the French and Dutch and other foreign Nations do ordinarily Trade Guns, Powder, Shot, & c. with Indians, L. 2. p. 15. to our great prejudice and strengthening and animating the Indians against us; And the aforesaid French, Dutch etc. do prohibit all Trade with the Indians within their respective Jurisdictions, under penalty of Confiscation, etc. Foreigners prohibited Trade without Indians It is therefore Ordered; That it shall not be lawful for any Frenchman, Dutchman, or any person of any other Foreign Nation whatsoever, or any English, dwelling amongst them, or under them, or any of them, to Trade with any Indian or Indians within the Limits of our Jurisdiction, directly or indirectly by themselves or others, under penalty of Confiscation of all such Goods and Vessels as shall be found so Trading, or the due value thereof, upon just proof of any Goods or Vessels, so Trading or Traded. And it shall be lawful for any person or persons, Inhabiting within this Jurisdiction, to make seizure of any such Goods or Vessels Trading with the Indians; one half whereof shall be for the proper use and benefit of the party seizing, and the other half to the Country. 4. And because the Trade of Furs with the Indians in this Jurisdiction, doth properly belong to this Commonwealth, A. 57 p. 22. and not unto particular persons; It is therefore Ordered, That henceforth no Person or Persons, directly or indirectly, shall Trade with the Indians for any sort of Peltry, None to Trade furs with Indians without licence under penalty of 100 li. excepting only such as are Authorized by this Court, or by such Committee as this Court shall appoint from time to time, under the penalty of one Hundred pounds fine for every offence, ten pound whereof shall be to the Informer, the rest to the Country. 5. Whereas several Orders for the preventing of Drunkenness amongst the Indians have been made, A. 52. p. 2●. yet notwithstanding there is little or no reformation: For the prevention thereof, and the frequent effects thereof, Murder and other outrages amongst them; This Court doth Order, that no person of what quality or condition soever, shall henceforth Sell, Truck, Barter, or give any strong Liquors to any Indian, Stung Liquors prohibited to be fold or given to Indians on penylty of 40. s. per pint directly or indirectly, whether known by the name of Rum, strong-Waters, Wines, strong-Beer, Brandy, Cider, Perry, or any other strong-Liquors, going under any other name whatsoever; under the penalty of forty shillings for one pint, and so proportionably for greater or lesser quantities so Sold, Bartered or Given, directly or indirectly as abovesaid. And for the better execution of this Order; All Trucking Houses erected (not allowed by this Court) shall be forthwith demolished. And for the better effecting of this Order; It is Declared that one third part of the penalty, shall be granted to the Informer. It is also Ordered, that special care shall be had by the Grand jury, of every Shire Court, to inquire and present to the Court what they finde, to discover matter tending to such practice, against the true intent of this Law: And all other Orders giving liberty to sell strong Liquors to the Indians, are hereby Repealed; and all Licenses formerly granted, are hereby disabled and called in; Provided always, that it is not intended that this Law shall extend to restrain any person from any charitable act, in relieving any Indian (bona fide) in case of sudden extremity, Except in case of sickness, etc. by sickness or fainting, which calls for such help, not exceeding one dram, nor when any Physician shall prescribe in way of Physic any of the particulars ; so as upon fight of his direction in writing, there be allowance had under the hand of one Magistrate, or where no Magistrates in the Town residing, being under the hands of the Town Commissioners or two of them. [1657.] 6. A. 56. p. 18. This Court considering the necessity of restraining the Indians from whatsoever may be a means to disturb our peace and quiet; Doth Order, That henceforth no person or persons Inhabiting within this Jurisdiction, No Boats to be sold to Indians shall directly or indirectly any ways give, sell, barter or otherwise dispose of any Boat, Skiffe, or any greater Vessel unto any Indian or Indians whatsoever, under the penalty of fifty pounds, to be paid to the Country Treasurer, for every such Vessel so sold or disposed as aforesaid. [1656.] 7. L. 1. p. 23. It is Ordered by this Court, That in all places within this Jurisdiction, the English shall keep their Cattle from destroying the Indians Corn, Damage done to Indians in their Corn to be satisfied. in any ground where they have right to plant, and if any of their Corn be destroyed for want of Fencing or Hearding; the Town shall make satisfaction, and shall have power among themselves, to lay the charge where the occasion of the damage did arise; Provided that the Indians shall make proof, that the Cattle of such a Town, Farm or Person did the damage. And for encouragement of the Indians, towards the Fencing in of their Cornfields; Help Ind Fence their Ground. Such Towns, Farms, or Persons, whose Cattle may annoy them that way, shall Direct, Assist and help them, in felling of Trees, riving and sharpening Rails, and holing of Posts; allowing one Englishman to three or more Indians; And shall also draw the fencing into place for them, and allow one man a day or two, towards the setting up the same, and either lend or sell them Tools to finish it; Provided, that such Indians to whom the Country or any Town, have given, or shall give Ground to plant upon, or shall purchase ground of the English, shall Fence such their Corn Fields or Ground, at their own charge as the English do or should do: And if any Indian refuse to fence their Corn Ground (being tendered help as aforesaid) in the presence and hearing of sufficient witnesses, they shall keep off all Cattle, or lose their damages. And it is also Ordered, that if any harm be done at any time by the Indians unto the English, in their Cattle; Indians to pay for hurt done to Cattle the Governor or Deputy Governor with two of the Assistants, or any three Magistrates, or any County Court, may order satisfaction according to Law and Justice. [1640. 48.] 8. Whereas one end in planting these parts was to propagate the true Religion unto the Indians, and that divers of them are become subject to the English, and have engaged themselves to be willing and ready to understand the Law of God; Izwe to be publured to the indian's It is therefore Ordered, That such necessary and wholesome Laws which are in force, and may be made from time to time, to reduce them to civility of life; shall be once a year (if the times be safe) made known to them, by such fit persons as the General Court shall appoint. 9 For the better Ordering and Governing the Indians subject to us, A. 58. especially those of Natick and Punquepaog; It is Ordered that whomsoever the Court shall appoint, do take care that all such Indians do live according to our Laws, as far as they are capable, and to that end shall be Authorized to constitute and appoint Indian Commissioners in their several Plantations, to hear and determine all such matters that do arise amongst themselves as one Magistrate may do amongst the English, with Officers to execute all Commands and Warrants, as Marshal and Constables. Courts to be kept among the Indians. And further they jointly shall have the power of a County Court, to hear and determine all causes arising among them, the English Magistrate appointing the time and place of the Court, and consenting to the determination or judgement, and all other matters beyond their cognizance shall be issued and determined by the Court of Assiliants. 10. And it is Ordered, Powaws sorb●●lden. that no Indian shall at any time Powaw or perform outward worship to their Gods; or to the Devil, in any part of our Jurisdiction, whether they be such as shall dwell here or shall come hither; and if any shall transgress this Law, the Powawer shall pay five pounds, the procurer five pounds, Towns to refirain Indians from profaning the Sabbath and every other countenancing by his presence or otherwise (being of age, of discretion) twenty shillings, and every Town shall have power to restrain all Indians that shall come into their Towns from profaning the Lords day. [1633, 37, 40, 41, 42, 46, 48, 56, 57, 58.] Whereas the sin of Drunkenness amongst the Indians doth much increase, order to prevent Drunaenness in Indians notwithstanding the Laws provided against that crying sin; This Court doth therefore Order, that any person or persons, that shall see, know or find any Indian with any strong Liquors, Wine or strong Drink, that such Indians have any way gotten without Order as the Law directs, shall have power to seize the same, Their strong-Liquor &c. to be seized by any person and to deliver the said strong-Drink to the Constables of the Town or Place where such Indians are found, with their persons to be conveyed before some Magistrate or Commissioner, who have power to deal in such cases; and such Indians as are found Drunk, being apprehended, and will not confess how or where they had the said Wine, Liquors, or strong Drink, shall be secured or imprisoned until they make a just acknowledgement where they had their Drink aforesaid, or committed to the House of Correction, and there labour to discharge the charge of their provision. Their accusation against persons to be evidence unless the party clear himself on Oath, etc. And if any such Indian do accuse any person for selling or delivering strong Drink unto them, such Indian accusation shall be accounted valid against any such person accused; except such persons shall clear themselves by taking their Oath to the contrary, any Law or Custom to the contrary notwithstanding. And it is also further Ordered, that whatsoever Indian shall hereafter be taken Drunk, If Drunk to pay ren shillings or be whipped with ten stripes, etc. shall pay the sum of ten shillings or else be whipped, by laying on ten stripes, according to the discretion of the Judge, whether Magistrate or Commissioner who shall have cognizance of the case: And in all Towns where no Magistrate or Commissioners are, such Cases shall be judged by the Select men or major part of them. [1666.] Trade with Indians for peltry & Ammunition regulated. IT is Ordered by this Court and the Authority thereof, That henceforth every person that is or shall be allowed by the Treasurer of the Country to Trade Peltry or Skins with the Indians, shall have liberty to sell unto any Indian or Indians, not in Hostility with us, or any of the English in New England, Powder, Shot, Led, Guns, (i. e.) Hand Guns, Rapier or Sword blades; Provided he or they pay unto the Country Treasurer every half year in money, sixpence a pound for every pound of Powder, sixpence for every ten pounds of Shot or Lead, Every allowed Trader paying to the Country Treasurer several sums appointed, etc. three shillings for every Gun, three shillings for every dozen of Rapier or Sword blades, and so proportionably for any quantity that he or they shall sell to any Indian or Indians; and every such person allowed to Trade as aforesaid, shall upon Oath deliver to the Treasurer a true and just account of the particulars of the abovementioned Commodities, by him or them sold unto any Indian or Indians. And it is further Ordered, that any person allowed as before, that shall be convicted before any two Magistrates or County Court, of selling or bartering any of the forementioned Commodities unto any Indian, whereof he or they have not given a true and just account, and made due payment unto the Treasurer as is above expressed; every such person or persons shall forfeit to the public Treasury, five pounds sterling for every pound of Powder, five pounds for every ten pounds of Shot or Lead, ten pounds for every Gun great or small, and ten pounds for every dozen of Rapier or Sword blades, and so proportionably for any quantity of the aforesaid Commodities sold or bartered by him or them to any Indian or Indians and all persons except such as are allowed, are hereby prohibited from selling any of the forementioned Commodities unto any Indian or Indians, upon the penalty expressed in the Law, tit. Indians, Sect. 2. And this Order to continue in force during the Court's pleasure; any Law or Order to the contrary notwithstanding. [1668.] INDITEMENTS. IT is Ordered by this Court; That no person shall be Indicted, A. 52. p. 10. Presented, Informed against, or Complained of to any Court or Magistrate within this Jurisdiction, for the breach of any penal Law, or any other misdemeanour, the forfeiture whereof belongs to the Country, Complaints and Presentments to be made within a year. unless the said Indictment or Complaint, be made and exhibited within one year after the offence be committed; and if any such Indictment, Presentment, Information or Complaint be not made within the time limited, than the same shall be void and of none effect: Provided always, this Law shall not extend to any Capital Offences, nor any Crimes that may concern loss of Member or Banishment, or to any Treasonable Plots or Conspiracies against the Commonwealth, nor to any Felonies above ten shillings, nor shall it hinder any person grieved, or that hath any wrong done to him or his Wife, Children, or Servants, or Estate, real or personal, but that every such person shall have such remedies as formerly he might or ought to have. [1652.] Innkeepers, Ordinaries. Tippling, Drunkenness. FOrasmuch as there is a necessary use of Houses of Common Entertainment in every Commonwealth, and of such as Retail Wine, Beer and Victuals, yet because, there are so many abuses, both by persons entertaining and by persons entertained; None to keep Ordinaries without Licence It is therefore Ordered by this Court and Authority thereof; That no person or persons shall at any time, under any pretence or colour whatsoever, undertake to be a Common Victualler, Keeper of a Cook's shop, or House for Common Entertainment, Taverner, or public Seller of Wine, Ale, Beer, or Strong-waters by Retail, (nor shall any sell Wine privately in his House, or out of doors, by a less quantity than Quarter Cask) without approbation of the Selected Townsmen, and Licen●e of the County Court where they dwell, A. 58. upon pain of forfeiture of five pounds for every such offence, or Imprisonment at the pleasure of the Court. Liberty to sell Winifrid &c Strong-waters by tetail Provided, it shall be lawful for any whole sale Merchant of Wines, or the present Stillers of Strong-waters, being Masters of Families, or such as receive the same from foreign parts in Cases, etc. or makers of Cider to sell by Retail; Provided the quantity of Wine and Cider, be not less than three Gallons at a time to one person, nor Strong-waters less than a quart; and that it be only to Masters of Families of good and honest report, or persons going to Sea; and they suffer not any person to drink the same their Houses, Cellars or Yards. Ordinaries I have Sighs And every person so Licenced for Common Entertainment, shall have some inoffensive Sign, obvious for direction of Strangers, and such as have no such Sign after three Months so Licenced, shall lose their Licence, and others be allowed in their stead. 2. And every person Licenced to keep an Ordinary, L. 2. p. 13. shall always be provided of Strong Wholesome Beer, A. 51. p. 4. of four Bushels of Malt (at the least) to a Hogshead, A. 53. p. 19 which he shall not sell at above two pence the Ale quart, upon penalty of forty shillings for the first offence, To be always provided with strong Beer a●d, per quart and for the second offence to lose his Licence. And it is permitted to any that will, to sell Beer out of doors, at one penny the Ale quart or under. Whereas the Law tit. Innkeepers, Sect. 2. hath provided, that every person Licenced to keep an Ordinary, shall always be provided of strong wholesome Beer, of four Bushels of Malt at the least to a Hogshead, which was Intended, and is hereby Declared to be of good Barley Malt, not to be sold for above two pence the Ale quart, on penalty as in the said Law is expressed, notwithstanding which, many keepers of Inns and Ordinaries as regardless of the said Law, or of the debasing of the produce of the Country, take liberty to make and sell Drink Brewed of, or mixed with Melasses, course Sugar, or other Materials, to the damage, just offence and prejudice of sundry persons; Four Bushels of Barley Malt in a Hogshead It is therefore Ordered by this Court and the Authority thereof, that no person Licenced as aforesaid, shall after publication hereof, sell or any ways utter any Beer, Ale or Drink instead thereof, by Retail, that is not made altogether of good Barley Malt, without any mixture of Melasses, course Sugar or other Materials instead of Malt, on penalty of five pounds for every such offence, one half to the Informer, the other half to the County where such offence shall be committed; besides the penalties in the former recited Law expresses, on Complaint to any Magistrate, County Court or Commissioner for Boston, unless the party complained of, shall legally prove his or her Innocency therein, in which case, it shall be in the liberty of the Authority as aforesaid, to accept the Oath of such person if tendered to him or them, if they see cause: And the Authority aforesaid, are hereby empowered to hear and determine such Complaints; any Law, Custom or Usage to the Contrary notwithstanding. [1667.] 3. And not Licenced person as aforesaid, L. 1. p. 30. shall suffer any to be Drunk, or to Drink Excessively, viz. above half a pint of Wine for one person at a time, Not to permit any to be Drunk etc. or to continue Tippling above the space of half an hour, or at unseasonable times, or after nine of the Clock at night, in, or about any of their Houses, on penalty of five shillings for every such offence. And if any person Licenced to sell Wine or Beer as aforesaid, L. 2. p. 6. shall conceal in his House any person that shall be found Drunken, and shall not forthwith procure a Constable to carry such Drunken person before some Magistrate or Commissioner, Not to conceal Drunkards and in the interim, the said Vintner or Drawer of Beer, shall make stay of such persons till the Constable shall come, under the penalty of five pounds, for every default. 4. And every person found Drunken, L. 1. p. 30. viz. so as he be thereby bereft or disabled in the use of his understanding, appearing in his speech or gesture, in any of the said Houses or elsewhere, shall forfeit ten shillings, and for excessive Drinking three shillings four pence, and for continueing above half an hour Tippling two shillings six pence, and for Tippling at unseasonable times, Drunkeness, Tippling the ●enalty or after nine of the Clock at night five shillings for every Offence in those particulars, being lawfully convict thereof, and for want of payment, they shall be imprisoned till they pay, or be set in the Stocks one hour or more (in some open place) as the Wether will permit not exceeding three hours. 5. And if any person be found Drunken, by night or by day, L. 2. p. 6. or shall in his Drunkenness offer any abuse to the Constable or others, either by striking or reviling him or them, or using any endeavours by himself or others to make an escape, it shall be in the power of the Constable to commit such person or persons to safe keeping or imprisonment, or take Bond for his appearance, as he shall see cause; and the Keepers of each Prison, upon Warrant from any Magistrate, or Commissioner, or Select men, shall receive all such as shall be so committed, and take but twelve pence for his fee in such cases. And the Constable shall inform the next Magistrate thereof, but if no Magistrate be in Town, Convented b●fore some M●●●● Commissioner of Select men he shall convent such person or persons before one or more of the Commissioners for ending small causes, and where no Commissioners are, before any one or more of the Select men of the Town, who have power given them to do as any one Magistrate may do in like case; Provided nevertheless, if any such Delinquent shall confess his fault, and pay his fine and other charges, the Constable shall receive it and dismiss the offender, and every person hereby Authorized to receive the fines aforesaid, shall forthwith make return to the Treasurer of the County where such offence is committed, of what he hath done and received in such cases. 6. It shall be lawful notwithstanding, for all Licenced persons to entertain Land-travellers or Seafaring men in the night season, L. 1. p. 30. when they come on shore or from their journey for their necessary refreshment, Traveller's entertained for a night or when they prepare for their voyage or journey the next day early, so there be no disorder among them, and also Strangers, Lodgers or other persons in an orderly way, may continue in such Houses of Common Entertainment during meal times, or upon lawful business what time their occasion shall require. Wine merchant Cooper's &c. not to permit any to be Drunk 7. Nor shall any Merchant, Cooper, Owner or Keeper of Wines, or other persons that have them in their custody, suffer any person to drink to Excess or Drunkenness in any of their Wine-sellers, Ships or other Vessels, or places where Wines do lie on pain to forfeit for each person so doing, ten shillings. Nor shall any person Licenced to sell Strong waters, A. 54. p. 2. or any private Housekeeper permit any person or persons to sit Drinking or Tippling Strong-waters, Wine or Strong Beer in their Houses. Private Housekeeper not to permit any to ripple in their Houses And if any such Seller of Strong waters or private Housekeeper, shall be legally convicted before any County Court, any one Magistrate or Commissioners Court, such persons shall for the first offence be fined twenty shillings, First offence 〈◊〉 and if the party so convicted be not able to pay his fine, he shall be set in the Stocks, where he shall continue one whole hour, and if any such Seller of Strong-waters shall be convicted as aforesaid of a second Offence of the same nature, he shall forfeit his Licence, Second offence 5, li. and shall also pay twenty shillings as a fine to the Country, and if any private Housekeeper, shall be convicted as aforesaid of a second Offence against this Law, he shall pay a sine of five pounds, and for a third offence, such person or persons being so convicted, shall be bound to their good Behaviour in twenty pound Bond, third offence good behaviour. with two sufficient Sureties, or be committed to Prison. 8. And if any person offend in Drunkenness, L. 1. p. 30. excessive or long Drinking the second time, they shall pay double fines. Drunk the second time double fine And if they fall into the same offence the third time, they shall pay triple the fines, and if the parties be not able to pay the fines than he that is found Drunk shall be punished by whipping, third treble to the number of ten stripes; and he that offends in excessive or long Drinking, shall be put into the Stocks for three hours, when the weather may not hazard his life or limbs. fourth time imprisonment And if they offend the fourth time, they shall be imprisoned until they put in two sufficient sureties for their good Behaviour. 9 And it is further Ordered, That if any person that keepeth or hereafter shall keep a common house of Entertainment, Innkeeper's convict of a third offence shall be lawfully convicted the third time, for any offence against this Law●, he shall (for the space of three years next ensueing the said conviction) be disabled to keep any such house of Entertainment, forfeit their Licence or sell Beer, or the like, unless the Court aforesaid, shall see cause to continue him. 10. It is further Ordered, that every Innkeeper or Victualler, shall provide for the entertainment of Strangers Horses, Provision for Horses viz. one or more Enclosures for Summer; Hay and Provender for Winter, with convenient Stable-room and Attendants, under the penalty of two shillings six pence for every day's default, and double damage to the party thereby wronged, except it be by inevitable accident. 11. And it is further Ordered by the Authority aforesaid; That no Taverner, Vintner's to pay 50. s. per Burt Seller of Wine by Retail Licenced as aforesaid, shall take above nine pound profit by the Butt or Pipe of Wine, (and proportionably for all other Vessels) towards his waste in drawing and otherwise, out of which allowance, every such Taverner or Vintner, shall pay fifty shillings by the Butt or Pipe, and proportionably for all other Vessels to the Country; for which they shall account with the Treasurer or his Deputy every six Months and discharge the same, all which they may do by selling six pence a quart in Retail (which they shall no time exceed) more than it cost by the Burt: Besides the benefit of their Art and Mystery which they know how to make use of. To give notice to the Treasurer what Wine they buy And every Taverner or Vintner shall give a true account and notice unto the Treasurer or his Deputy, of every Vessel of Wine he buys from time to time within three days, upon pain of forfeiting the same or the value thereof, the one half to the Country, the other half to the Treasurer and Informer. And it is Ordered, that the said Impost, shall from time to time be paid in Wines at Merchantable price, A. 58. or other equivalent Merchantable good pay, to the content of the Treasurer, and that the Treasurer shall take special care in collecting the same; who is hereby empowered to substitute such Deputies under him as he shall see meet in the several Towns for his help and furtherance herein; Treasurer to have 2. s. per li. of this Impost for all which pains and care, he shall be allowed two shillings in the pound of all such Imposts as he shall bring into his Annual account with the Country. Provided always, that if any Vintner, Taverner or Retailer of Wines, shall give an account to the Treasurer of any part of any Wine entered as abovesaid, that he hath sold away again by wholesale, being no less in quantity then a Quarter Cask to one person at one time, and shall truly certify the person who had it, and the time when; Sellers of strong water to give notice to the Marshal within 3 days such person or persons shall be abated of their Impost, in proportion to what they have sold. And all such as Retail strong Waters, shall in like manner pay two pence upon every quart to the use of the Country, who shall also give notice to the Marshal General of every Case and Bottle, or other quantity they buy within three days, upon pain of forfeiture as before. 12. And it is Ordered; L. 2. p. 31. That in all places where Week day Lectures are kept, all Taverners, Victuallers and Ordinaries, that are within one mile of the Meetinghouse to which they belong, Ordinary keeper to clear their houses in meeting time shall from time to time clear their Houses of all persons able to go to Meeting, during the time of the exercise, (except upon extraordinary cause, for the necessary refreshing of Strangers unexpectedly repairing to them) upon pain of five shillings for every such offence, over and besides the penalties incurred by this Law for any other disorder. One Magist●. to hear & deter●●●● all offence against this Law 13. It is also Ordered, That all offences against this Law, may be heard and determined by any one Magistrate, who shall hereby have power by warrant to send for, and examine parties and witnesses concerning any of these offences: and upon due conviction either by view of the said Magistrate, or Affirmation of the Constable, and one sufficient witness with circumstances concurring, or two witnesses, or confession of the party, to levy the said several fines, by warrant to the Constable for that end. Delinquents Testimony And if any person shall voluntarily confess his offence against this Law in any the particulars thereof, his Oath shall be taken in evidence and stand good against any other offending at the same time. Constable to search in Ordinaties 14. It is further Ordered by the Authority aforesaid, That all Constables may, and shall from time to time, duly make search throughout the limits of their Towns upon Lords days and Lecture days in times of exercise, and also at all other times so oft as they shall see cause, for all Offences and Offenders against this Law, in any the particulars thereof. And if upon due Information or Complaint, Constab. neglect of any of their Inhabitants or other credible persons, whither Taverner, Victualler, Tabler or other, they shall refuse or neglect to make search as aforesaid, or shall not to their power perform all other things belonging to their place and office of Constable, then upon complaint and due proof before any one Magistrate, within three Months of such refusal or neglect, they shall be fined for every such offence ten shillings, Fined 10. ●. to be levied by the Marshal as in other cases by Warrant from such Magistrate before whom they are Convicted or Warrant from the Treasurer upon notice from such Magistrate. 15. And because it is difficult to Order and keep the Houses for public Entertainment in conformity to the wholesome Laws established, A. 57 p. 21. as is necessary for preventing Drunkenness, excessive Drinking, vain Expenses of money, Time, and the abuse of the good Creatures of God; Ordinaries to reniew their Licence yearly It is therefore Ordered by this Court and the Authority thereof, That no person or persons hereafter shall be Licenced to keep a House of Common entertainment for any longer than one year at one time, and that such as keep Houses of public entertainment, (the present Vintuers during their contract excepted) shall and hereby are enjoined once every year, to repair to the several County Courts for reniewing their several Licenses (for which they shall pay two shillings six pence to the Clerk of the Court) or else they shall forfeit fire pounds as unlicensed Ale housekeepers. [1645, 46, 47, 48, 51, 53, 57, 58. UPon complaint of the great abuses that are daily committed by the Retailers of Strong-waters, Rh●m, etc. both by the Stillers thereof, and such as have it from foreign parts; None to Still or Retail Liquors without Licence This Court do therefore Order, that henceforth no person or persons shall practise the Craft of Stilling Strong waters, nor shall sell or Retail any, by less quantities than a Quarter Cask, and the same to be delivered not at several times or in several parcels, but at one time, without Covin or Fraud, excepting only such as shall be allowed Annually by the County Courts respectively, on penalty of five pounds' forfeiture for every time that any person or persons shall be legally convicted thereof; any I awe, Usage or Custom, or former Liechies to the contrary notwithstanding. Provided always, this I awe shall not prohibit such Merchants as have Strong liquors from foreign parts in Cases, from selling the same by the whole Case, either to such as are going to Sea, or to Masters of Families of good report. [1661.] THis Court being sensible of the great increase of profaneness among us, especially among the younger sort, taking their opportunity of meeting together in places of public Entertainment, to corrupt one another by their uncivil and wanten carriage, rudely singing and making a noise, to the disturbance of the ●●mity and other Guests if any be in the House; Penalty for rude singing in Taverns This Court do therefore Order and hereby Enact, That no person or persons whatsoever, do presume either in Word or Deed to carry it uncivilly, or wantonly, singing rudely, or making a noise to the disturbance of the Family, or any other Guests in any place of Public Entertainment, on penalty of paying five shillings for every offence against this Law, being therefore legally Convicted before any Court, Magistrate or Commissioner: And where sundry persons are in the same company, where any such rude and uncivil carriages are acted, and the particular person or persons unknown, every of the said persons shall be liable to the like penalty, unless they can attest their innocency, and do freely give in their testimony against the nocent. And if any person allowed to keep a house of public Entertainmentshall suffer such carriages by any person or persons, and not legally prosecute the same before Authority, on legal conviction thereof, before the County Court of whom they had their Licence, they shall be debarred of any further renewal thereof. [1664.] As an Addition to the Law, tit. Innkeepers; It is Ordered by this Court and the Authority thereof, That where any person or persons whatsoever, shall presume to keep an House of public Entertainment, Ordinary, Cook's shop, or shall by Retail sell Wine, Strong Beer, Liquors or Cider, without Licence first had and orderly obtained; or having had Licence, and not renewed as the Law requireth, or being discharged for any misdemeanour committed, or suffered to be done in their Houses, or in or about the same: It shall be lawful for any Court or Magistrate, on complaint made to them of such Misdemeanour, to send for such person or persons before them, and being legally convicted of any the abovesaid offences, besides the penalty, to require Bond, with sufficient Sureties for the good Abbearance of such person or persons, and in special for their observance of the said Law: And in case of Refusal to give such Bond with Sureties as is required; the Court or Magistrate that hath cognizance of such Complaint, shall commit such person or persons convicted as abovesaid to Prison, until the next Court of that County. [1665.] Whereas this Court hath made several Laws and Orders for the prevention of the sin of Drunkenness, and mispending precious Time and Estate; and yet notwithstanding great complaint is made of several persons spending their Time and Estate by Drinking and Tippling in Taverns and Alehouses, to the great dishonour of God, and prejudice of their Families; For the prevention whereof, It is Ordered by this Court and the Authority thereof, That the Select men of each Town shall be, For prevention of Drunkenness and are hereby required and empowered to take special care and notice of all and every person and persons transgressing as abovesaid, and thereupon to require him or them to forbear the frequenting of such Houses or Taverns: and if any person shall after such warning given him, be found in any such House of Entertainment, and be legally convicted thereof, before any one Magistrate or Commissioner, he shall forfeit five shillings, to be paid to the Treasurer of that Town for every such Offence, or sit in Stocks as the Judges shall see meet. And it is further Ordered, That the Select men shall also give notice to the keepers of ●uch Public House's, that they suffer no such noted person in any of their Houses, upon the penalty of twenty shillings for every such defect, to be paid to the Treasurer as aforesaid. [1670.] Judgements and Executions. Whereas there is a great abuse in selling of Judgements and Executions, and so altering the property of them before they be satisfied, A. 54. or Goods seized, whereby great inconvenience may arise, as experience hath proved; Judgements and Executions not to be sold This Court doth therefore Order, That after the end of this Session, no person shall sell, Alienate or Assign any Judgement or Execution whatsoever, and if any shall presume to Act contrary to this Order, his Sale, Assignment or Alienation shall be void in Law; and in case the party die after the Judgement before he hath taken out an Execution, or before satisfaction be received, his Executor or his Administrator shall take out or reniew the-Execution, as the party deceased might have done. JURORS. JURIES. IT is Ordered by this Court and the Authority thereof; L. 2. p. 5. that the Secretary or Clerk of every Court, Clerk to grant warrant for Jurors shall in convenient time before the sitting of the Court, send Warrants to the Constables of the several Towns of the Jurisdiction of that Court, for Jurymen proportionable to the Inhabitants of each Town: Chosen by the Freemen And the Constable upon the receipt of such Wariant, shall give timely notice to the Free men of their respective Towns, to choose so many able, discreet men as the Warrant shall require, which men so chosen, Constables to return the warrant he shall warn to attend the Court whereto they are appointed, and shall make return of the Warrant unto the Clerk aforesaid. The like Order shall be observed in the choice and summoning juries to attend special Courts: A. 51. p. 5. L. 2. p. 8. Joys at special Cour●s allowed 4. ●. per diem. At which Courts every Jury man shall be allowed four shillings per diem for their charges, and to be paid by him upon whose motion the Court was granted. And all Juries serving at the Court of Assistants at Boston, L. 1. p. 32. shall be Summoned respectively out of the Counties of Suffolk and Middlesex: Jury to find accord. to Eviden. And all Jurors so chosen, shall be Impanelled and sworn truly, to try between party and party, and shall find the matter of fact with the damages and costs, Bench to determine matter of equity according to their evidence, and the Judges shall declare the Sentence, or direct the Jury to find according to Law; and if there be matter of apparent equity, as the forfeiture of an Obligation, breach of Covenant without damage, or the like, the Bench shall determine such matters of equity. And no trial shall pass upon any man for life or Banishment in any inferior Court, but by a special Jury Summoned for that purpose. Grand-Juries 2. It is also Ordered, that there shall be Grand juries Summoned in like manner every year unto the several Courts in each Jurisdiction, to present all misdemeanours they shall know or hear, L. 1. p. 47. to be committed by any person within the Jurisdiction, and to do any other service of the Commonwealth, they shall be required by the said Court. Jurors not bound to reveel Secrets Provided no Juror, nor any person whatsoever shall be bound to inform, present or reveal any private Crime or Offence, wherein there is no peril or danger to this Colony, or any Member thereof, when any necessary tye of Conscience binds him to secrecy, unless it be in Testimonies lawfully required. A. 55. p. 19 Jurors allowance And every Grand juror shall be allowed three shillings per diem for his charges, out of the fees and other profits arising in each Court where they do service, or by the Country if those in comes fall short. 3. In all cases wherein the Law is obscure, so as the Jury cannot be satisfied therein, whether it be Grand or Petty Jury, A. 57 p. 25. they have liberty to present a special Verdict, viz. Juries liberty to Rive a special Verdict If the Law be so in such a point we find for the Plaintiff, but if the Law be otherwise we find for the Defendant, in which case the determination doth properly belong to the Court. And all Jurors shall have liberty in matter of Fact, if they cannot find the main issue, yet to find and present in their Verdict so much as they can. 4. And if the Court and Jury shall so differ at any time about their Verdict, Court and Jury not agreed, case comes to the General Court that either of them cannot proceed with peace of Conscience, the case shall be issued and determined at the next Court of Assistants, in manner following, (i. e.) the Attachment with the Security for appearance at the County Court, shall be continued to the Court of Assistants: A. 56. p. 14. and if the Plaintiff shall see cause further to prosecute his Action, he shall give summons to the Defendant as the Law provideth, and shall also take out of the Records of the County Court the Records of the said case with the Evidences presented by both parties, and bring the same to the Court of Assistants, where after the case is presented, as it was at the County Court, both parties shall have liberty to make any new Pleas or Evidence before the Bench and Jury: and in case the Plaintiff shall not further prosecute his Action in manner as is hereby provided, the Defendant shall then have Judgement granted him for his costs, at the next Court of that County. 5. It is further Ordered, That whensoever any Jury or Jurors are not clear in their Judgements or Conscience, L. 1. p. 31. concerning any case wherein they are to give their Verdict, Juries liberty to take advice in open Court they shall have liberty in open Court (but not otherwise) to advise with any man they shall think fit to resolve or direct them, before they give in their Verdict. And no Juror shall be compelled to serve above one ordinary Court in a year, except Grand jurors, Jurors to serv'● but a year except who shall hold two Courts together at the least, and such as shall be summoned to serve in cases of light and death, or Banishment. [1634, 41, 42, 49, 50, 51, 53, 56, 57] 6. Whereas in Suits and Actions brought into Courts between party and party, sometimes the Plaintiff and sometimes the Defendant, and sometimes neither of them do attend to answer when they are called to Prosecute or Answer, which hath been too long connived at by the Magistrates, and much time lost in sending to seek them out, or wait their coming in, whereby the Country charges increased, and the Magistrates, Jurors, Witnesses and others abused, contrary to the Laudable, Reasonable Practice and Customs of all Courts in our Native Country, and other Countries known unto us; It is therefore hereby Ordered and Enacted, That if any Plaintiff, He or She have entered any Action to be tried in any Court, or which comes orderly into any Court, by Replevin, Appeal, or by the disagreement between the Magistrates and Jury in an Inferior Court, and do not by him or herself, or by their Attorneys make their appearance and prosecute their Action immediately after they have been three times called in the Court by Name, after the first forenoon of the Court; plaintiff and Defen daunts penalty for not answ. at their call. that then they shall be Nonsuited; and if Plaintiff or Defendant appear upon such call, they shall have their costs granted by the Court against him or her that doth not appear; Plaintiffs liberty to make new entry in case and if afterwards both parties do agree to try their case at the same Court, they shall be allowed so to do, the Plaintiff paying half so much for a new Entry as he did before. Delinq. penalty for not answering when called And if any person presented by the Grand-jury for any offence, or Sun mon by a Magistrate to answer any crime, do not upon Summons appear at the time appointed, upon the third call as aforesaid, He or She shall be proceeded against for contempt, except He or She be restrained or prevented by the Hand of God. Lands, free Lands. IT is also Ordered, and by this Court Declared, That all our Lands and Heritage's shall be free from all Fines and Licenses, upon Alienations, and from all Hariots, Wardships, Liveries, Primerseizins, year, day and waste, Escheats and forfeitures upon the Death of Parents or Ancestors, natural, unnatural, casual or judicial and that for ever. [1641.] LEATHER. THis Court considering the several Deceits and Abuses which in other places have been, and are commonly practised by the Tanners, Curriers, and workers of Leather, as also the abuses and inconveniences which accrue to the several Members of this Commonwealth, by Leather not sufficiently Tanned and Wrought, which is occasioned by the negligence and unskilfulness of these several Tradesmen, which before, in and after, it is in the hand of the Tanner may be much bettered or impaired; for prevention whereof; Butchers, Curriers may not Tan It is Ordered by this Court and the Authority thereof; That no person using or occupying the Feat and Mystery of a Lutcher, Currior or Sho●maker by himself or any other, shall use or exercise the Feat or Mystery of a Ta●ner, on pain of the forfeiture of six shillings eight pence for every Hide or Skin by him or them so Tanned, whilst he or they shall use or occupy any of the Mysteries aforesaid. Nor shall any Tanner during his using the said Trade of Tanning, use or occupy the Feat or Mystery of either Butcher, Currier, or Shoemaker, by himself or any other, upon pain of the like forfeiture. Gashing of hides forfeit 12. d. Nor shall any Butcher by himself or any other person, Gash or Cut any hide of Ox, Bull, Steer, or Cow, in flaying thereof, or otherwise, whereby the same shall be impaired or hurt, on pain of forfeiting twelve pence for any such Gash, or Cut in any Hide or Skin. Nor shall any person or persons henceforth, Bargain, Buy, make any Contract, or bespeak any rough Hide of Ox, Bull, Steer or Cow, Only Tanners may buy raw hides in the Hair, but only such persons as have and do use and exercise the Art of Tanning. Leather not to be over li●ed or insufficiently Tanned 2. Nor shall any person or persons, using or which shall use the Mystery or faculty of Tanning at any time or times hereafter, offer to put to sale any kind of Leather, which shall be insufficiently or not throughly Tanned, or which hath been over limed, or burnt in the limbs, or which shall not have been after the Tanning thereof, well and throughly dried, upon pain of forfeiting that whole Hide, half Hide, or other piece of Leather, wherein one sixteenth part shall be found by the Searcher or Se●ler of Leather (lawfully appointed) to be either over-limed or insufficiently Tanned, Penalty. or not throughly dried as aforesaid. Nor shall any person using the Mystery of Tanning as aforesaid, set any of their Fats in Tan-hills, or other places where the Woozes or Leather put to Tanne in the same, shall or may take any unkind heats, nor shall put any Leather into any hot or warm Woozes whatsoever, on pain of twenty pounds for every such offence. Curriers duty 3. Nor shall any person or persons, using or occupying the Mystery or faculty of Currying, Curry any kind of Leather, except it be well and throughly Tanned; nor shall Curry any Hide being not throughly dried after his wet season, in which wet season, he shall not use any sta●e, urine, or any other deceitful or subtle mixture, thing, way or means, to corrupt or hurt the same; nor shall Curry any Leather meet for outer sole Leather with any other then good hard Tallow, nor with any less of that then the Leather will receive; nor shall Curry any kind of Leather meet for upper Leather and inward Soles, but with good and sufficient stuff, being fresh, and not salt, and throughly liquored, till it will receive no more; nor shall burn or scald any Hide or Leather in the Currying, but shall work the same sufficiently in all points and respects, on pain of forfeiture for every such offence, or act done contrary to the true meaning of this Order, Penalty. the full value of every such Hid marred by his evil Workmanship or Handling, which shall be judged by two or more sufficient and honest skilful persons, Curriers or others on their Oath given to them for that end, by any Magistrate. Search 〈◊〉 Leather to be sworn 4. And every Town where need is or shall be, shall choose one or two persons of the most honest and skilful within their several Town-ships, and present them unto the County Court, or one Magistrate, who shall appoint and swear the said persons, by their discretion, to make search and view within the precincts of their limits, in any House, A. 51. p. 3. Shop or Warehouse, where they conceive such Leather may be, whether wrought into Shoe, Boots, or otherwise, as oft as they shall think meet and need shall be, who shall have a Mark or Seal prepared by each Town for that purpose; and the said Searchers, or one of them shall keep the same, and therewith shall Seal such Leather as they shall find sufficient in all respects and no other. And if the said Searchers, or any of them, shall find any Leather ●old or offered to be sold, brought or offered to be Searched or Sealed, which shall be Tanned, To seize all defective Leather. Wrought, Converted or Used contrary to the true intent and meaning of this Order: It shall be lawful for the said Searchers or any of them to seize all such Leather and to retain the same in their custody, and if the owner shall not submit to the Judgement of the Officer or Officers, the said Officer so sezing the same, shall within three days, call to him four or six men, honest and skilful in such ware to view the same in the presence of the party (or without him having notice thereof) who shall certify upon their Oaths unto the next County Court of that Shire, or unto one of the Magistrates the defect of the said Leather. Searching Leather made into Shoes & Boots. The like power shall the said Searchers have, to search all Leather wrought into Shoe or Boots, as also ro seize all such as they find to be made of insufficient Leather, or not well and sufficiently wrought up: Searchers default And if any Searcher or Sealer of Leather, shall refuse with convenient speed, to seal any Leather sufficiently Tanned, Wrought and Used according to the true meaning of this Order, or shall Seal that which shall be insufficient, Penalty than every such Searcher and Sealer of Leather, shall forfeit for every such offence, the full value of so much as shall be insufficiently Tanned. And the Fees for Searching and Sealing of Leather, shall be one penny a Hide for any parcel less than five, Fees. and for all other parcels, after the rate of six pence a Dickar, which the Tanner shall pay upon the Sealing of the said Leather from time to time. 5. Lastly, It is Ordered by the Authority aforesaid, That the several fines and forfeitures in this Order mentioned, shall be equally divided into three parts and distributed, as, viz. one third part to the common Treasury of the Shire wherein the offence is committed, another third part to the common Treasury of the Town-ship where the offender inhabiteth, and the other third part to the Seizer or Seizers of such Leather, Shoe, or Boots as is insufficiently Tanned, Curried, or Wrought from time to time. [1642, 51.] Liberty's Common. Liberty at public Assemblies IT is Ordered, by this Court Decreed and Declared; That every man whether Inhabitant or Foreigner, free or not free, shall have liberty to come to any public Court, Council or Town meeting, and either by speech or writing, to move any lawful, seasonable or material Question, or to present any necessary Motion, Complaint, Petition, Bill or Information, whereof that Meeting hath proper cognizance, so it be done in convenient time, due Order and respective Manner. [1641.] 2. Every Inhabitant who is an Householder, shall have free Fishing and Fowling in any great Ponds, Fis●ing and ●owling Bays, Coves and Rivers, so far as the Sea Ebbs and Flows within the precincts of the Town where they dwell, unless the Freemen of the same Town or the General Court have otherwise appropriated them: Provided, that no Town shall appropriate to any particular person or persons, any great Pond, containing more than ten Acres of Land, and that no man shall come upon another's propriety without their leave, otherwise then as hereafter expressed. The which clearly to determine; It is Declared, That in all Creeks, Coves and other places about and upon Salt water, where the Sea Ebbs and Flows, the Proprietor, or the Land adjoining, shall have Propriety to the Low-water mark, where the Sea doth not Ebb above a hundred Rods, and not more wheresoever it Ebbs further, Provided that such Proprietor, shall not by this liberty have power to stop or hinder the passage of Boats or other Vessels, in or through any Sea, Creeks or Coves, to other men's Houses or Lands. Liberty to pass through propriety to fish & fowl And for great Ponds lying in Common, though within the Bounds of some Town, it shall be free for any man to fish and fowl there, and may pass and repass on foot through any man's propriety for that end, so they trespass not upon any man's Corn or Meadow. [1641, 47.] Liberty to remove out of the Jurisdiction 3. Every man of, or within this Jurisdiction, shall have free liberty (notwithstanding any Civil Power) to remove both himself and his Family, at their pleasure out of the same, Provided there be no legal impediment to the contrary. [1641.] LYING. Whereas Truth in Words, as well as in Actions is required of all men, especially of Christians, who are the professed Servants of the God of Truth; And whereas all Lying is contrary to Truth, and some sort of Lies are not only sinful (as all Lies are) but also pernicious to the public Weal, and injurious to particular persons; It is therefore Ordered by this Court and Authority thereof, That every person of the age, Age of discretion 14 years of discretion (which is accounted fourteen years) who shall wittingly and willingly make, or publish any Lie, which may be pernicious to the Public Weal, or tending to the damage or injury of any particular person, or with intent to deceive and abuse the People with false News and Reports, and the same duly proved in an● Court, or before any one Magistrate (who hath hereby power granted to hear and determine all offences against this Law) such person shall be fined for the first offence ten shillings, first offence 10. ●● or stock. or if the party be unable to pay the same, then to be set in the Stocks, so long as the said Court or Magistrate shall appoint in some open place, not exceeding two hours. For the second offence in that kind, whereof any shall be legally convicted, shall pay the sum of twenty shillings or be whipped upon the naked Body, not exceeding ten stripes. Second offence 〈…〉 w●●● Third offence And for the third offence forty shillings, or if the party be unable to pay, then to be whipped with more stripes, not exceeding fifteen. Fourth offence And if yet any shall offend in like kind, and be legally convicted thereof, such person Male or Female, shall be fined ten shillings a time more than formerly, or if the party so offending be unable to pay, then to be whipped with five or six more stripes then formerly, not exceeding forty at any time. The aforesaid fines shall be levied, or stripes inflicted either by the Marshal of that Jurisdiction, or Constable of the Town where the offence is committed, according as the Court or Magistrate shall direct. And such fines so levied shall be paid to the Treasury of the Shire where the cause is tried. Liberty to Appeal And if any person shall find himself grieved with the Sentence of any such magistrate out of Court, he may Appeal to the next Court of the same Shire, If causeless doubly fined giving sufficient security to prosecute his Appeal, and abide the Order of the Court, and if the said Court shall judge his Appeal causeless, he shall be double fined, and pay the charges of the Court during his Action, or corrected by whipping as aforesaid, not exceeding forty stripes, and pay the costs of the Court, and party complaining or informing, and of the Witnesses in the case. And for all such as being under age of discretion, that shall offend in Lying contrary to this Order, Under age to be corrected by Parents their Parents or Masters shall give them due correction, and that in the presence of some Officer, if any Magistrate shall so appoint; Provided always, that no person shall be barred of his just action of slander, or otherwise, by any proceeding upon this Order. [1645.] MANSLAUGHTER. A man may kill in his own defence IT is Ordered by this Court and the Authority thereof; That if any person in the just and necessary defence of his life, or the life of any other, shall kill any person attempting to Rob or Murder in the Field or Highway, or to break into any dwelling house, if he conceive he cannot with safety of his own person otherwise take the Felon or Assailant, or bring him to Trial, he shall be holden blameless. [1647.] MARITIME AFFAIRS. WHereas through the Blessing of God upon this Jurisdiction, the Navigation and Maritime Affairs thereof, is grown to be a considerable Interest, the well management whereof, is of great concernment to the public Weal; For the better Ordering the same for the future, and that there may be known Laws and Rules for all sorts of persons employed therein; according to their several stations and capacities, and that there may be one Rule for the guidance of all Courts in their proceed, in distributive Justice; This Court doth Order, and be it Ordered by the Authority thereof; SECT. I. That whereas there is many times differences between Owners of Ships, Ketches, Barks and other Vessels, Minor part overs to b●●●●●ded by the major part in setting forth their several parts, whereby damage doth accrue to the particular concernment of Owners, and if not prevented, may be a great obstruction of Trade, where there are several Owners concerned, as Owners in Ship, Catch, Bark or other Vessel whatsoever, used for Traffic, Commerce, Fishing, Log, Board, Wood or Stone, Carriage upon Salt or Freshwater, all such Owners of lesser part, shall be concluded for the setting forth of his part, by the major part of the whole concerned, such Owners so concluded, having notice given them of the meeting for such conclusion, if they be nigh hand; and in case of any Owner refusing, or by reason of neglect or absence, or not able to provide for the setting forth his part, the Master of such Ship or Vessel may take up upon the Bottom, for the setting forth of the said part, the which being defrayed, the remainder of the income of such part to be paid by the Master to the said Owner. SECT. II. Owners refu●●●● to sign Char●●● parts to make public protest, etc. And in ease of Fraightment, where any Owner shall refuse to assent to the letting out of Ship or Vessel, where he is interessed, such dissenter shall manifest it by some public act of protest, before the signing of charter party, except the Master or the rest of the Owners, or both, conceal from him or them their actings, than his or their protest after charter party signed by themselves or agents, shall be taken for legal dissent, yet not to hinder the proceed of the Ship or Vessel, but that those so sending her forth shall be liable to respond his part upon insurance according to the Custom of Merchants, which insurance is to be defalked out of that part of hire, due for such owners which dissented. SECT. III. Whereas Masters of Ships or other Vessels, have their Owners live part in one Country and part in another, whereby they have in themselves not only opportunity; and some have made use thereof in their own persons, to represent the major part of the Owners in the place where he comes; It is therefore Ordered, that such Master shall not be taken to have Vote in the ordering of such Vessel further than his own interest, Master's to have but single votes. except he make it appear to the rest of the Owners, where he is, that he is Authorized under the hands of such Owners absent, and then he is to have Votes according to the proportion of parts he so stands for, and the majority of parts are to carry it as before; nevertheless it is to be understood, that any Owner hath power to make sale of his part, either to the rest of the Owners, or others, as may be most to his own advantage, and if any Master shall presume to act contrary hereunto, what damage shall be sustained by the rest of the Owners, the Master shall be liable to make good, it being duly proved against him. SECT. iv All Masters taking charge, as Masters of Ships or other Vessels, and not being sufficient to discharge his place, or that through negligence, or otherwise, Penalty of Masters and Mariners non-attendance on board shall imbezel the Owners or Employers' Stock, or time, or that shall suffer his men to neglect their due attendance on board, both by day and night, especially when or whilst Merchant's Goods are on board, and that Himself or Mate be not on board every night, to see good Orders kept, upon defect therein, such Master shall be liable to pay the damage that shall accrue by such neglect, it being duly proved against him. SECT. V For the Master's better securing their men to them, and to prevent all Coven, they shall make clear agreements with their Mariners, Master's to make particular agreement with Seamen and Officers for their wages, and those agreements enter into a Book, and take the several men's hands thereto, a copy whereof the Master as a Portlige Bill shall leave with their Owners if required of them, before their setting sail upon the Voyage, and all such agreements, the Master shall make good to the Seamen, and such Ship or Vessel as they sail in, shall be liable for to make good the same. SECT. VI Master's to make due provisions etc. All Masters of greater or lesser Vessels, shall make due and meet provisions of Victuals and Drink for their Seamen, or Passengers, according to the laudable custom of our English Nation, as the Custom and Capacity of the places they sail from will admit, upon penalty of paying damages sustained for neglect thereof. SECT. VII. No Masters to entertain Seamen not discharged. Nor Seamen to enter themselves till cleared &c That no Master shall Ship any Seaman or Mariner that is shipped before by another Master or Imployer upon a Voyage, nor shall any Seaman ship himself to any other man, until he be discharged from him that shipped him first, upon penalty of him that entertains him to pay one months' pay, that such Seaman agrees for, as also of such Seaman shipping himself to pay one months' pay that he agrees for; the half thereof to be paid to the use of the poor of the Town or place where the offence is committed, the other half to the complainer or informer. SECT. VIII. Masters prohibited from sailing into any Port but what bound to. No Master of Ship or Vessel shall sail into any Haven or Port, except necessitated thereunto by Wind or Wether, or for want of provision, or for security from Pirates, but such Port as by charter party, or his Bill of Lading he is bound unto, until he hath delivered his Goods according to his engagement; and in case any Master shall take in goods for more Ports and Places than one, he shall declare himself so to do, to to those that Fraight upon him, and in case he shall voluntarily go to any other Port or Harbour than he is obliged to as above; if damage to the Merchant's goods happen thereby, such Master shall make good the same, it being duly proved against him. SECT. IX. Master's may alter their voyages in case Any Master hired out or employed by his Owners upon any Voyage, receiving advice from his employers, that the alteration of the Voyage when they are abroad, may be much for their security and advantage, by going to some other port, the Master seeing meet to close with that advice, Seaman's Contracts to stand good the Mariners shall not hinder his proceed, unless where any of the Seamen shall have made a particular contract with the Master to the Contrary, Provided that they be not carried to stay out above one year, nor be carried to any place where they may be liable to be pressed into a service they are not willing unto. SECT. X. Master's to pay wages according to agreement. Master's shall see that their Officers and Mariners be duly paid their Wages according to agreement made with them, upon the finishing of their Voyage, without delay or trouble, upon penalty of paying damages for neglect, and all costs that the Seamen shall be at for recovering the same. SECT. XI. Whereas many times Masters take in Merchant's Goods on board their Ships or Vessels upon Fraight, when yet they are not meetly sitted with suitable Tackling and Seamen for the security of such Ships or Vessels, and Goods; Masters-Ships & Seamen to bear loss of goods damnified by their neglect or want of Ground tacle It is Ordered, That in case any Master of Ship or Vessel, after he hath Laden upon his Ship or Vessel any Merchants Goods to be transported, shall for want of sufficient ground tackle (if to be had) or because of want of sufficient men being on board, come a shore to the damage of such Merchants or Fraighters in their Goods, the Ship shall be liable to make good such damages; and in case the defect appear to be in the Master and Men both, or either, the Owners shall recover such damage from them. SECT. XII. Where any Shipmaster hath Mored his Ship or Vessel, none other shall come so near to him first Mored as to do him damage, Damage upon goods when ships fall foul or receive damage by him, upon the penalty of him so coming, to make good all the damage, and to be farther punished if wilfulness or perverseness in the action be proved against him. SECT. XIII. Master's Running on board any ship at Author, etc. In case any Master of Ship or Vessel under sail, shall run on board any other Ship or Vessel at an Anchor, and damnify him, the party of fending shall pay the damage; and such Ship or Vessel as he sails in shall be liable to arrest for the making good the damage, the damage to be judged by indifferent men, appointed by the Judges thereof, unless the parties agree among themselves. SECT. XIV. In case of loss of Goods by reason of throwing some over board to case the Vessel to save the rest, the Goods thrown over board, Goods thr●wn ov●● bo●●d 〈◊〉 sent of M●st●r● & Officers to be made good by an Avarage shall not be done without the Master and major part of the companies consent, or at least of the Officers with the Master, which Goods shall be brought into an Avarage, and the whole loss to be born by Ship, and Goods, and Wages in proportion that are saved; The like course shall be for cutting of Masts, and loss thereof, or Boats, Cables or Anchors, as also of Riggin and sails, for the safety of the whole, the Merchant's Goods are to bear a part of the loss. SECT. XV. In case a Ship or Vessel, at setting forth proves deficient, and gives over the Voyage, Damage by an insufficient bottom the Charges the Merchant hath sustained in Shipping and Landing his Goods, shall be born by the Master and Owners of such Vessel, that presumes to take Goods into an insufficient Bottom. SECT. XVI. Any Ship or Vessel at Sea, receiving damage by the Masters or Mariners negligence, yet bringeth the Merchant's Goods home, and delivereth them according to Bills of Lading, he shall receive his freight, Damage at Sea but if the Goods be damnified, the Master or Mariners shall make good the damage. SECT. XVII. Damage by ships breaking lose. If any Ship or Vessel in storm, shall break lose and fall upon another, and do her damage for want of ground tackle, the Ship breaking lose shall make good the damage; but if it appear the Master, or Mariners, or both, are negligent of freshing their Hose, or clearing their Cables, they shall pay the damage for such neglect. SECT. XVIII. All Mariners being shipped upon a Voyage, and in pay, they shall duly attend the service of the Masters-Ship or Vessel for the Voyage, Mariners absent without leave and not absent themselves day or night without leave from the Master, upon forfeit for every offence five shillings. SECT. XIX. No Officers or Mariners shall be disorderly or unruly, to occasion disturbance in the Ship or other Vessel he is shipped upon, Officers or matriners unruliness to hinder or damnify the Voyage, to be proved by the Master or other Mariners, or both, upon penalty of paying the damage if able, and in case of inability to pay, to suffer Corporal punishment, as the nature of the offence may appear to the Judges, and in case Master or Mariners shall conceal the offences of such, and refuse to give in evidences therein, they shall be amerced or imprisoned, as the Judges shall see meet. SECT. XX. If any shall undertake the charge of Pilot, Boatswain, Gunner, or any other Office, Ignorant Pilots or Officers in Ship or other Vessel, and not be able to discharge the duty of the place, such shall lose their Wages in part or in whole, and be further punished for their presumption, as the Judges shall fee meet. SECT. XXI. Watch to be kept All Mariners shall keep true Watch at Sea or in Harbour, as the Master shall appoint, upon pain of forfeit of twelvepences for every default, to be defalked out of their wages. SECT. XXII. Mariners or setting the Voyage Any Mariner that hath entered upon a Voyage, and shall departed and leave the Voyage, shall forfeit all his wages, one half to the poor, the other half to the Master and Owners, and be further punished by Imprisonment or otherwise as the case may be circumstanced, to be judged by the Magistrate or Magistrates they are complained to, except such Seaman shall show just cause for his so leaving the Voyage, and shall procure an Order therefore from Authority. SECT. XXIII. Runaway Mariners If any Mariner shall have received any considerable part of his wages, and shall run away from the Ship or Vessel he belongs to, and decline the service of the Master in the prosecution of the Voyage, he shall be pursued as a disobedient Runaway servant, and proceeded with as such a one. SECT. XXIV. If any Mariner shall entertain any Person or Persons on Board the Ship or Vessel he sails in, without the Master's leave, Mariners entertaining without Master's leave or Masters or Mariners, shall do it at unseasonable times, he or they shall forfeit twenty shillings, one half to the Poor, the other half to the Owners. SECT. XXV. No Seaman, or Seamen, or Officer shall commit any outrage upon the Master of any Ship or Vessel, but those so offending shall be severely punished, Outrage upon the Master by fine or other Corporal punishment, as the fact shall appear to be circumstanced to the Judges that shall hear it, and as they shall judge meet; If any Officers or Mariners shall combine against the Master, whereby the Voyage shall be diverted or hindered, or that damage thereby shall accrue to the Ship and Goods, they shall be punished with loss of Wages, or otherwise as mutineers, as the case may require. SECT. XXVI. In case any Ship or Vessel be in distress at Sea, by Tempest or other accident, the Mariners shall do their utmost endeavour to assist the Master in saving Ship and Goods, Ships in distress not to be left and not desert him without apparent hazard appear, that by their staying they may lose their lives. SECT. XXVII. And in case of suffering Shipwreck, the Mariners are without dispute upon their getting on shore, Mariners to do their utmost in Shipwreck to save the Goods to do their utmost endeavours to save the Ship or Vessel, Tackle and Apparel, as also the Merchant's Goods as much as may; out of which they shall have a meet compensation for their hazard and pains; and any upon conviction of negligence herein shall be punished. Marriages and Married Persons. IT is Ordered by this Court and Authority thereof; L. 2 p. 17. That no man shall strike his Wife, nor any Woman her Husband, on penalty of such fine not exceeding ten pounds for one offence, or such Corporal punishment as the County Court shall determine. 2. For prevention of all unlawful Marriages; It is Ordered, That henceforth no person shall be joined in Marriage, before the intention of the parties proceeding therein, Three times published hath been three times published, at some time of public Lecture or Town-meeting, in both the Towns where the parties or either of them do ordinarily reside, or●●●ted 14 days or be set up in Writing upon some post of their Meeting house door in public view, there to stand so as it may easily be read, by the space of fourteen days. [1639.] 3. And whereas God hath committed the care and power into the hands of Parents for the disposing their Children in Marriage, so that it is against Rule to seek to draw away the affections of young Maidens, under pretence of purpose of Marriage, before their Parents have given way and allowance in that respect; And whereas it is a common practice in divers places, for young men irregularly and disorderly to watch all advantages for their evil purposes, to insinuate into the affections of young Maidens, by coming to them in places and seasons unknown to their Parents for such ends, whereby much evil hath grown amongst us, to the dishonour of God; and damage of parties; For prevention whereof for time to come; It is further Ordered, That whatsoever person from henceforth, shall endeavour directly or indirectly, No motion of Marriage to be made to any maid without consent of Parents to draw away the Affection of any Maid in this Jurisdiction, under pretence of Marriage, before he hath obtained liberty and allowance from her Parents or Governors (or in absence of such) of the nearest Magistrate, he shall forfeit for the first offence five pounds, for the second towards the party ten pounds, Penalty 5.11. and be bound to forbore any further attempt and proceed in that unlawful design, without or against the allowance aforesaid; And for the third offence upon information or complaint by such Parents or Governors to any Magistrate, giving Bond to prosecute the party, he shall be committed to prison, and upon hearing and Conviction by the next Court, shall be adjudged to continue in Prison, until the Court of Assistants shall see cause to release him [1647.] 4. Whereas divers persons, both Men and Women, living within this Jurisdiction, whose Wives and Husbands are in England, or else where, by means whereof, they live under great temptations here, and some of them committing lewdness and filthiness here amongst us, others make love to Women and attempt Marriage, and some have attained it, and some of them live under suspicion of uncleanness, and all to the great dishonour of God, reproach of Religion, Commonwealth and Churches; It is therefore Ordered by this Court and Authority thereof, for the prevention of all such future evils, That all such married persons as aforesaid, Married 〈◊〉 to go to 〈…〉 pain of 20 11. shall repair to their said Relations by the first opportunity of shipping, upon the pain or penalty of twenty pounds, except they can show just cause to the contrary to the next County Court, or Court of Assistants, after they are Summoned by the Constable there to appear, who are hereby required so to do, upon pain of twenty shillings for every such default wittingly made: Co●st. to present such to Court Provided this Order do not extend to such as are come over to make way for their families, or are in a transient way, only for Trassick or Merchandise for some small time. [1647.] 5. As the Ordinance of Marriage is honourable amongst all, so should it be accordingly solemnised; It is therefore Ordered by this Court and Authority thereof; That no person whatsoever in this Jurisdiction, Who may solemnize Marriage shall join any persons together in Marriage, but the Magistrate, or such other as the General Court, or Court of Assistants shall Authorise in such place, where no Magistrate is near. Nor shall any join themselves in Marriage, but before some Magistrate or person Authorized as aforesaid. Nor shall any Magistrate or other person Authorized as aforesaid, join any persons together in Marriage, Not before publication or suffer them to join together in Marriage in their presence, before the parties to be Married have been published according to Law. [1646.] IN Answer to the Question; Whether it be lawful for a Man that hath buried his first Wife, to Marry with her that was his first Wires natural Sister? The Court resolves it on the Negative. [1679.] MARSHAL. IT is Ordered by this Court and Authority thereof; That every Marshal shall diligently and faithfully Collect and Levy all such fines and sums of Money, L. 1. p. 38, 57 of every person for which he shall have Warrant from the respective Treasures, Mars● all to levy all Fines or other Authority, which he shall return to the said Treasurer with all convenient speed, upon penalty of forfeiting two shillings out of his own Estate, for every Pound not Collected or Returned as aforesaid, or such fine as any Court shall impose upon him for his neglect. 2. And every Marshal shall with all speed and faithfulness Levy the Goods of every person for which he shall have Warrant, To serve all Executions by virtue of any Execution granted and signed by the Secretary, or other Clerk Authorized thereunto; and the said Goods so Levied, shall with all convenient speed, deliver to the Party or Attorney that obtained the Judgement and Execution, or be liable to make full satisfaction to the party for all damage sustained by his neglect. To return Execution to the Clerk. And the said Marshal within two Months after the receipt of any such Execution, make Return of the said Execution, with what he hath done by virtue thereof under his hand to the Clerk that granted the same, to be by him kept and Recorded; and if the Execution be not fully satisfied, the said Clerk shall at the request of the party, grant Execution for the remainder: And every Marshal neglecting to make return of Executions as aforesaid, shall forfeit double to the damage any person concerned therein may sustain by such neglect. 3. Further the said Marshals shall with like care and faithfulness, L. 1. p. 58. serve all Attachments directed to them, and return the same to the Courts to which they are returnable at the times of the returns thereof, Marshal not to be Clerk and henceforth no Marshal shall be Clerk or Recorder of any Court. 4. And it is hereby Ordered, That the Marshal's Fees shall be twelve pence in the pound, to be paid by the respective Treasurers, L. 2. p. 7. for all sins levied by the said Marshals, and returned to the said Treasurers, and for serving Attachments within one mile one shilling three pence, Marsh Fees to be paid by the party that employs them; and for serving Executions twelve pence in the pound, for all sums not exceeding ten pounds, and for all sums above ten pounds and not exceeding forty pounds, sixpence in the pound more, and for all sums above forty pounds, and not exceeding one hundred pounds, three pence in the pound more, and one penny in the pound more for all sums above one hundred pounds, out of the Estate of the person the Execution is served upon, over and above for the execution. And in all cases, where the aforesaid Fees for Levying Executions or Fines, will not answer the Marshal's travail, and other necessary charges, the Marshal or other Officer employed, shall have power to demand six pence per mile, and upon refusal, to Levy the same together with his other Fees. 5. And it is Ordered, That all Marshals and Constables within this Jurisdiction, shall henceforth from time to time, A. 53. p. 20 allow and pay unto the Marshal General three pence out of every fifteen pence they receive for serving Attachments, also three pence out of every shilling due to them, for Levying of Fines and Executions. Marshal General his Fees And it is further Ordered, That the said Marshal General, shall from time to time have, and enjoy to his own use and benefit, the Custom of two pence per quart upon all such as do, or shall Retail strong waters, and all such as shall sell under one Gallon at a time, shall be accounted Retailers, whether Licenced or not, and the one half of the sine of five pounds of all such persons as shall upon his information or complaint be convicted to have sold strong waters without Licence; as also the sole benefit of the Impost of all strong waters brought into the Country, which this Court doth allow as a meet Encouragement and Salary for the service of the said Marshal General. 6. Whereas the Marshals and their Deputies have often need of Assistants in the execution of their Office; L. 1. p. 10. It is Ordered that they and every of them, Marshal may ●e●●●● is the Constable may have and shall have the same power to enjoin and charge any person to aid them and assist them therein as every Constable hath, and whosoever shall refuse, or not yield Obedience thereto, shall incur the like penalty that those do or should do, that Refuse to aid the Constable in his Office. 7. And upon cases of Fines and Assessments to be Levied, L. 1. p. 45. and upon Execution in civil Actions, the Marshal or other Officer shall demand the same of the party at his house or place of usual abode, Officer may break open doors o● chests and upon refusal or non-paiment, he shall have power (calling assistance if he see cause) to break open the door of any House, Chest, or place where he shall have notice, that any Goods liable to such Leavy or Execution shall be, and if he be to take the person, he may do the like, if upon demand he shall refuse to render himself. 8. Necessary charges to be levied And what ever charges the Officer shall necessarily be put unto, upon any such occasion, he shall have power to leavy the same as he doth the Debt, Fine or Execution, and where the Officer shall leavy any such Goods upon Execution, as cannot be conveyed to the place where the party dwells, for whom such Execution shall be levied without considerable charge, he shall leavy the said charge also with the Execution. The like Order shall be observed in levying of fines, Provided, it shall not be lawful for such Officer to leavy any man's necessary Bedding, Goods exempt from Execution Apparel, Tools, or Arms, neither Implements of House hold, which are for the necessary upholding of his life, but in such cases, he shall leavy his land or person according to Law, and in no case shall the Officer be put to seek out any man's estate further than his place of abode, but if the party will not discover his Goods or Lands, the Officer may take his person. 9 Officer doing wrong to make satisfaction And it is Ordered, That if any Officer shall do injury to any by colour of his Office, in these or any other cases, he shall be liable upon complaint of the party wronged, by Action or information, to make full restitution. [1647.] Masters, Servants, Labourers. Servants not to give or truck IT is Ordered by this Court and the Authority thereof; That no servant either Man or Maid, shall either give, sell or truck any Commodity whatsoever without Licence from their Masters, during the time of their service, under pain of fine, or corporal punishment, at the discretion of the Court as the offence shall deserve. 2. Work the whole day And that all Workmen, shall work the whole day, allowing convenient time for food and rest. 3. It is also Ordered, That when any Servants shall run from their Masters, Servants run away to be pursued or any other Inhabitants shall privily go away with suspicion of evil intentions, it shall be lawful for the next Magistrate or the Constable and two of the chief Inhabitants where no Magistrate is, to press Men and Boats or Pinnaces at the public charge, to pursue such persons by Sea and Land, and bring them back by force of Arms. 4. It is also Ordered by the Authority aforesaid; That the Freemen of every Town, may from time to time as occasion shall require, Wages to be s●● b● 〈…〉, in Towns agree amongst themselves about the prizes and rates of all workmen's labour, and servants wages. And every person inhabiting in any Town, whether Workmen, Labourer or Servant, shall be bound to the same Rates, which the said Freemen, or the greater part shall bind themselves unto, and whosoever shall exceed those Rates so agreed, shall be punished by the discretion of the Court of that Shire, according to the quality and measure of the offence; And if any Town shall have any cause of complaint against the Freemen of any other Town, for allowing greater Rates or wages than themselves, the County Court of that Shire shall from time to time, set order therein. 5. And for servants and workmen's wages; It is Ordered, That they may be paid in Corn, to be valued by two indifferent Freemen chosen, Wages to be paid in Corn the one by the Master the other by the Servant or Workman, who also are to have respect to the value of the work or service, and if they cannot agree, to be valued than a third man shall be chosen by the next Magistrate, or if no Magistrate be in the Town, then by the next Constable, unless the parties agree the price themselves; Provided, if any Servant or Workmen agree for any particular payment, then to be paid in specie, or consideration for default therein; And for all other payments in Corn, if the parties cannot agree, they shall choose two indifferent men, and if they cannot agree, than a third as before. Servants flying cruelty 〈◊〉 Mast. may be harbor●● 6. It is Ordered, and by this Court Declared; That if any Servant shall flee from the Tyranny and Cruelty of his or her Master, to the House of any Freeman of the same Town, they shall be there protected and sustained till due order be taken for their Relief, Provided due notice thereof be speedily given to their Master from whom they fled, and to the next Magistrate or Constable where the party so fled is Harboured. Servants not put off with put avowance of 2 Mag. 7. Also that no Servant shall be put off for above a year to any other, neither in the life time of their Master, nor after their death by their Executors or Administrators, unless it be by consent of Authority assembled in some Court, or two Assistants, or otherwise all, and every such Assignment to be void in Law. Servants maimed to be discharged 8. And if any man smite out the Eye or Tooth of his Manservant or Maidservant, or otherwise maim or much disfigure them (unless it be by mere casualty) he shall let them go free from his service, and shall allow such further Recompense as the Court shall adjudge him. Faithful servants reward 9 And all servants that have served diligently and faithfully, to the benefit of their Masters, Seven years, shall not be sent away empty; And if any have been unfaithful, negligent or unprofitable in their service, notwithstanding the good usage of their Masters, they shall not be dismissed, till they have made satisfaction according to the judgement of Authority. [1630, 33, 35, 36, 41.] MALT. IT is Ordered, A. 52. p. 12. That no Malster or maker of Malt, shall henceforth deliver or pass away any Malt by him or his procurement made before it be cleansed from the dust and tail, which ariseth in the Malting, drying and ordering it in his hands, on penalty of twelve pence per Bushel, upon conviction before any Magistrate or Court, Malt to be clean said from dust the one half to the Informer, the other half to the Country. This Court taking into serious consideration the great necessity of upholding the staple Commodities of this Country, A. 55. for the supply and support of the Inhabitants thereof, and finding by experience the bringing in of Malt, Wheat, Barley, Biscuit, Beef, Meal and Flower, (which are the principal Commodities of this Country) from foreign parts, to be exceeding prejudicial to the subsistence of this place and people here; No Malt, Wheat, Biscuit, Beef to be brought on penalty of confiscation Have therefore Ordered; That no person whatsoever, either Inhabitant or Stranger, shall directly or indirectly after the first of March next, import into this Jurisdiction from any part of Europe, any of the aforesaid Provisions, under the penalty of Confiscation of the same (except it be for the Ships provisions) that shall be so imported, landed, set to sail or otherwise disposed, contrary to the intent of this Order. Marshal or Constable to seize it. And it is further Ordered and Enacted, That all Marshals and Constables where no Marshal is in the several Towns in this Jurisdiction, are hereby required and empowered to make diligent search, within their respective Towns and Harbours where any such Provisions are Landed, Sold or otherwise disposed of, The fourth part for their pains and to make seizure of the same for the use of the Country, for which each and every Marshal and Constable shall have allowed them, one fourth part of what shall be so seized, for their care and pains herein. And all former Laws concerning Impost upon any of the Provisions aforesaid, are hereby Repealed. [1652, 55.] IT is Ordered, Repealed That the Law prohibiting bringing in of Malt from foreign parts is Repealed, so far as it respecteth the Importation of Malt. Mills, Millers. Miller's Toll IT is Ordered by this Court and the Authority thereof, That no Miller shall take above one sixteenth part of the Corn he grinds; and that every Miller shall have always ready in his Mill, To have weights Weights and Scales, provided at his own charge, to weigh Corn to and from Mill if men desire it. [1635. 38.] MILITARY. FOrasmuch as the well ordering of the Militia is a matter of great concernment to the safety and welfare of this Commonwealth; Militia con●●●ded by Majors It is Ordered by this Court and the Authority thereof; That the Military forces of Suffolk, Middlesex and Essex, shall be under the command of the Sergeant Majors Cho●en in each County; and that the Militia of Norfolk shall be commanded by the Major of the Regiment of T●ssex, L. 2. p. 12. Provided the said Militia be not drawn out of the said County to any Regimental exercise: And if any of the said Majors be removed or discharged their places, the Major General for the time being, shall within one Month at furthest after such change, send forth his Warrant to each Town in the Shire, to make choice of a Major in manner following, A. 56. p. 12. viz. The Freemen, Householders, and such Soldiers as have taken the Oath of Fidelity, before the fifteenth of May, [1656.] and no other, being met together in their Respective Towns (by virtue of such Warrant from the Major General, or from the General Court) shall give in their Votes for such a person as they judge fit for the Office of Sergeant Major of that Regiment, Majors how and by whom chosen which Votes shall be sealed up by the chief Military Officer of the place, or by the Constable (as the Warrant shall direct,) and sent by some Freeman, chosen by the Town, to carry them to the Shire Town of that County, at such time as the Warrant shall direct, where the said Votes shall be opened and numbered in the presence of one or two of the nearest Magistrates and the said Freemen, and he that shall have the greater number of Votes being a Freeman, shall be presented by one of the said Magistrates unto the Major General, within one Week after such Election, who shall by giving the Oath accustomed, and delivering him a Commission, Install and Confirm such Sergeant Major in his place. 2. And every Sergeant Major is hereby Ordered and Required, Regimental ●pec●ines once in three years once in three years to draw his Regiment, both Horse and Foot, in one convenient place in the County, and to Instruct and Exercise the Officers and Soldiers in Military Discipline, according to his best skill and ability; for which service he shall have twenty pounds allowed him out of the Treasury of the Country for his pains and charges, for every such Meeting: Also every Sergeant Major, may as often as he shall see cause send his Warrants to require the chief Officer of each Company in his Regiment, to meet at such time and place as he shall appoint, Meeting of the Officers of the W●g●●ent and there with them to confer, and give in command such Orders as shall by them be judged meet for the better Ordering and Settling the particular Companies in Military Exercises; and to impose fines and penalties upon such Delinquents as have not given satisfaction to their Captain or chief Officer, for all defects either in their Arms, Ammunition, Appearances, Watches, Offences, etc. And the Sergeant Major shall with the consent of the said Officers, give Order to the Clerks of the several Companies, to take distress for the same within one Month after such Order. 3. And for the settling particular Military Officers in every town of this jurisdiction; It is Ordered, that every Freeman, Householder and listed Soldier, having taken the Oath of Fidelity as above aid, Nomination of Officers of companies (and no other) shall have liberty to give his Vote for the Nomination of Military Officers of that Town or Company where he dwells; To be allowed by the County Courts Provided they be Freemen, and all persons so Nominated shall be presented to the Court of that County, to be allowed and confirmed in their respective Offices, unless the said Court shall see cause to the contrary; and no person shall be acknowledged or accepted as an Officer of any Company without the allowance and approbation of the County Court first had and obtained. 4. And in every Town where there is sixty four Soldiers (liable to attend constant Training) besides the Officers, A. 53. p. 13. such number of Soldiers shall be accounted a Foot Company, 64 Soldiers to be a Company and have liberty of Nomination of all the Officers of a Foot Company, and shall have two Drums. And in smaller Towns, where there shall be a less number than sixty four as aforesaid, they shall have liberty of Nomination of Sergeants, and other inferior Officers only, to teach and instruct them in the exercise of Arms. And the Major of the Regiment shall have power to Order and Regulate the smaller Towns, and to join them into one complete Company, (as occasion may require) which shall have liberty of choice of all Officers as aforesaid. And every Captain, Lieutenant and Ensign, shall have Commission from the General Court, Capt. Lieu. Ensi. to have commis. for the holding of their places, and exercise of their duties. 5. The said Military Officers of every Company, shall take care that their Soldiers be well and completely Armed, and shall appoint what Arms every Soldier shall serve with; Capt. to appoint the Sould. Arms Provided two thirds of each Company be Musquetiers, and those which serve with Pikes, have Corslets and Headpeices: To exercise 6 days yearly And they shall exercise their Soldiers Six days every year, when the Captain or chief Officer shall appoint, by giving public warning thereof, three or four days before the day of Exercise; Provided, that so many days as shall be expended by Order of the Major of the Regiment, in the Exercise of the Regiment, and in marching to and from the place of Exercise, shall be accounted as part of their six days. 6. Also the three chief Officers of each Company, shall have power to punish such Soldiers, as shall commit any disorder or contempt upon any day or time of Military Exercise, 3 chief Offic. to punish disorders of Soldiers or upon any Watch or Ward, by Stocks, Bilboes, or any other usual Military punishment, or by fine, not exceeding twenty shillings, or may commit such Offender to the Constable, to be carried before some Magistrate, who may bind him over to the next Court of that Shire, if the cause so require, or commit him to Prison 7. Every Foot Soldier shall be completely Armed and Furnished, the Pikeman with a good Pike well headed, Corslet, Headpiece, Sword and Snapsack; Soldiers how to be armed the Musquetiers with a good fixed Musket, not under Bastard Musket Boar, nor under three foot nine inches in length, nor above four foot three inches long, with a Priming wire, Worm, Succourer, and Mould, sitted to the Boar of his Musket, also with a good Sword, Rest, Bandeliers, one pound of Powder, twenty Bullets, Soldiers have to be Armed and two fathom of Match, upon the penalty of ten shillings for every defect; And all other Inhabitants of this Jurisdiction, on penal. of 10.3 except Magistrates and Elders of Churches, the Precedent, Fellows and Students of Harvard College, shall always be provided of Arms, and furnished as aforesaid, and other inhabitants under the penalty aforesaid. 8. And if any person cannot procure Arms or Ammunition, with such means as he hath, Wanting Arms, to carry ●ay to Clerk to pr●v●de if he shall bring to the Clerk so much Corn as by apprizement of the said Clerk and two other indifferent men (whereof one to be chosen by the party) shall be adjudged of greater value by a fifth part then such Arms or Ammunition is of, he shall be excused of the penalty for want of Arms until he be provided; And the Clerk shall endeavour to furnish him so soon as may be by sale of such Goods so disposited, rending the party the overplus. Poor how to be furnished with Arms But if any person shall not be able to provide himself Arms and Ammunition, through mere poverty, if he be single, he shall be put to service by some Magistrate, or the Constable shall provide him Arms and Ammunition, and shall appoint him when and with whom to earn it out. 9 Every person above the age of sixteen years, shall duly attend all Military Exercise and Service, as Training, Watching, Warding, A. 52. p. 13. under the penalty of five shillings for every fault, except Magistrates, Deputies and Officers of Court, Elders and Deacons, the Precedent, Fellows, Persons exempt from T'taining Students and Officers of Harvard College, and professed Schoolmasters, Physicians and Surgeons allowed by two Magistrates, Treasurers, Surveyor General, Public Notary, Masters of Ships and other Vessels above twenty Tuns, Fishermen constantly employed at all fishing seasons, constant Herdsmen and such other as for bodily infirmity or other just cause, shall by any County Court, A. 56. p. 12. or Court of Assistants (after notice of the parties desire to the chief Officer of the Company to which he belongs) be discharged; also one servant of every Magistrate and Teaching Elder, and the Sons and Servants of the Major General for the time being, also such as dwell at remote Farms, or have a Ferry to pass, shall be exempt from Watching in the Town, but shall Watch and Ward as their chief Officer shall direct otherwise; and all Farms distant above four miles from the place of exercising the Company, or have a Ferry to pass over, A. 53. that have above twenty Acres of Land in Tillage, and twenty Head of great Cattle upon such Farm, shall upon reasonable allowance to the Company; have one man exempted from ordinary Training. Clerk of the Band 10. And it is Ordered, That in every Town or Company there shall be chosen (as other Military Officers are chosen) a discreet able man to be Clerk of the Band, and if any shall refuse to accept the place, or to take his Oath, he shall pay to the use of the Company forty shillings and the Company shall choose another, and all that refuse the place or Oath as aforesaid, To call Roll & a●●e●d on training days shall pay forty shillings a piece, till one doth accept the place, and he that doth hold the place, shall have a fourth part of the fines for his labour. And the Clerk shall upon every Training day twice, once in the forenoon, as also in the afternoon, at such time as the Captain or chief Officer then in the field shall appoint, call or cause to be called over, the Lists of the names of all the Soldiers, and shall give attendance in the Field all the day (except he have leave from his Captain or chief Officer) to take notice of any defect by absence of Soldiers or other offences that may fall out in time of Exercise. And the said Clerk shall twice every year view all Arms and Ammunition of the Company, To view the Arms and take notice that every Soldier be furnished according to this Law; to which end, by direction of the chief Officer, he shall give notice to the Soldiers, that upon such a Training day appointed, they are required to bring (in the forenoon) all their Arms and Ammunition into the field, where they shall be approved or disallowed by the judgement of the said chief Officer then in the field; And further the said Clerk shall once in the year at least, Survey the Arms of all other Inhabitants, and see that all (except as before excepted) be provided in their Houses with Arms and Ammunition, and upon every occasion, he is required to use all diligence to view every man's Arms, whether they be completely furnished with all Arms and Ammunition as the Law requireth. Give notice to the Captain of all defects And the said Clerk shall within one week after any default made, or defect observed, present a List of the Names of all that are Delinquent, and of their defects to the Captain or chief Officer of the Company: and shall without partiality demand and receive all fines due for such defects, to distrein within ten days according to this Law; which if any shall refuse to pay, he shall make distress upon the Goods of such persons, as shall not within ten days after their default be discharged, or have their fines mitigated by the Captain or chief Officer of the Company, unless the said chief Officer shall see cause to refer the Judgement and Determination of such default to the Major and chief Officer of the Regiment at their meeting. To dispose of sins for the use of the Company And the Clerk shall with the advice of the chief Officers of the Company, speedily lay out all fines received or levied, in Ensign, Drums, Halberds, Candle and Wood for the Watch, or provide Powder and Arms for the poorer sort, or otherwise as in their discretion they shall judge meet, for the use of the Company. 11. And for the better ordering the Militia in the several Towns, in cases of any sudden exigent; It is Ordered, A. 52. p. 14. & 53. That there be a Committee of Militia in every Town, and that the Committee of Militia in Boston, shall consist of the Magistrates living in the Town, the chief Officer of the Horse, if living in Town, Committee of Militia in the several Towns and the chief Officer of each company of Foot, or the greatest part of them, and in sudden exigents, any three of them may act when due means being used a greater number cannot be assembled; which Committee shall have a Commission, who shall also have power to appoint a Military Watch, when they shall see cause, for the safety of the Town and Country; And Charlstown, Salem and Ipswich shall have the like Committee of Militia, who shall have like power by Commission: and for all other Towns where there is one or more Magistrates, the said Magistrate or Magistrates, Their power with the three chief Military Officers; and where no Magistrate dwells, the Deputy or Deputies of the General Court, with the three chief Officers of such Town, or any three of them, shall be the Committee of Militia for such Town, and have power in all sudden exigents, to order and dispose the Militia of their Town, for their own safety and defence, till further Order be taken, and upon Alarm, or any Invasion, to strengthen their quarters, and to hinder any approaching or assailing them in a way of Hostility, by bearing Arms in Companies, or refusing upon such approaches to come under command, or give an account what they are, and wherefore they are in such posture. In case o● Alarm And every such Committee, where any such Alarm shall be given or received, or shall be assaulted as aforesaid, is required with all possible speed to give intelligence to the next Magistrate, and the Major of the Regiment where such Alarm is taken, or assault made of the reason thereof, and state of the place so assailed. To give notice to the Major And the said Major is hereby required to send forth to procure intelligence of the estate of any place so Alarmed or Assaulted, and to Order Assistance to them from any other company or companies of his Regiment, as the case shall require, Major to Order Assistance and shall give constant intelligence to the Governor or Council of the Country, and Major General of the state of such affairs with all convenient speed. To give intelligence to the Council and Major General But no Major of any Regiment shall march with his Regiment out of the County wherein he hath command, nor cause any part thereof so to do without Order from the General Court, Council of the Common wealth, or Major General, except it be in pursuit of the Enemy upon a Rout. Major not to lead his Regiment out of the County And in case of Death or absence of the Major, upon any such occasion of service, the eldest Captain of the Regiment shall supply his place till further Order be taken; and the seniority of all Captains and chief Officers of every Company in the several Regiments, shall be accounted according to the seniority of the Towns or Companies they command, Seniority of Captains except the Commanders of the four Companies of Boston, being of equal standing, A. 53. A. 56 p. 12. the seniority of the Captains shall be according to the priority of their Commissions. Committee to press Soldiers It is further Ordered, That henceforth all Warrants for impressing and raising of Soldiers, for any expedition, shall be directed to the Committee of Militia of the several Towns, A. 54. p. 3. who may execute the same by the Constable, and the said Committee are hereby empowered and required to suppress all raising of Soldiers, but such as shall be by the Authority of this Government. And in all Towns where there are great Artillery, A. 55. Forts or Batteries, the Committee of Militia, and Select men of the Town, shall mount such Guns, and fit them with appurtenances for service, To take care of great Guns and repair such Forts or Batteries as they shall see necessary for the security of the Town, the charge whereof the Select men are hereby empowered and required to leavy on the Estate of the Inhabitants, and repair Forts according to the proportion of the Country Rate, to be collected by the Constables of the said Town, for the use aforesaid. Whereas in the Law tit. Military, Sect. 11. the three chief Military Officers in each Town except Boston, together with the Magistrates or Deputies thereof, are appointed a Committee of Militia for such Towns without mentioning the Officers of the Horse, to be of that Committee; This Court doth Declare, That the Commission Officers of the Horse in the Town where they dwell, shall be added thereto, Committee of Militia and hereby are appointed and impowered to be of the Committee of Militia for such Towns where they dwell; Any Law or Custom to the contrary notwithstanding. [1664.] Military Watches how set 12. It is Ordered, That the Military Watches shall be set by beat of Drum half an hour after Sun set, by the Military Officers in such places as they shall judge most convenient, and shall be Ordered and Disposed by their command and direction; And if any man shall shoot off a Gun after the Watch is set (except in case of Alarm) he shall forfeit forty shillings. The said Watch or Sentinels being set, shall examine all persons that shall come within their Watch or Round, Instruction and duty of Sentinels and all they suspect they shall carry to their Guard, there to be kept till morning, and before they be dismissed, they shall carry them to their chief Officer to be examined and proceeded with according to law; And if the Sentinel or Watch shall meet with such persons as shall be too strong for them, or by their carriage shall give just cause of suspicion, or will not submit to their command, or if they shall either draw upon them, or offer any such affront in Words or Actions, as shall put them in fear or hazard of their lives, they shall discharge upon them, and retire with speed to the Guard and raise an Alarm; Provided always that in time of peace, when the Council of War, or the chief Officers of the Company shall not apprehend present danger by the nearness of an Enemy, it shall not be in the liberty of any Sentinel to hazard the kill of any person, except in his own necessary defence; but if the cause require it, he shall retire to the Guard and raise an Alarm by discharging his Musket and crying Arm, Arm, which shall be taken for an Alarm by the Soldiers of that Town; What shall be taken for an Alarm. and if there appear danger to the chief Officer, he shall either strengthen his Guard, or give a general Alarm, which shall be either the distinct discharge of three Muskets, or the continued beat of the Drum, or firing a Beacon, or the discharge of a piece of Ordnance and two Muskets after it, Not answering the Alarm penalty 5 li. any of which in the night shall be accounted a general Alarm, which every Soldier is immediately to answer, by repairing Armed to his Colours or Court of Guard, upon the penalty of five pounds. Smith's to repair Arms 13. And upon any expedition, upon occasion of any Enemy, or any present Military Service to be done, all Smiths and other needful workmen, shall immediately repair such Arms and other Necessaries as shall be brought unto them for that end, for which, they shall not refuse such pay as the Country affords, Penalty upon the penalty of five pounds for every such default, and for such neglect at any other time more than ten days, shall forfeit for every such offence ten shillings. 14. The Surveyor General shall yearly give an account of the common stock of Powder and Ammunition to the Council, A. 56. p. 12. that the General Court being by them informed, may out of the public Treasury make a constant supply according to the need of the Country. 15. Every Town shall be provided of a sufficient Watch house, under the penalty of five pounds, L. 2. p. 1. and shall also provide at their own charges a safe and convenient place to keep all such Powder and Ammunition in, as the chief Military Officer by Order of the General Court shall appoint, under the penalty of ten pounds. Towns to provide watch ●ous ●nd stock of Powder & ammunition And the Select men of every Town, shall provide for every fifty Soldiers, one Barrel of good Powder containing near one hundred pounds, one hundred and fifty pounds of Musket Bullets, and eight and twenty pounds of good Match, and after that proportion for every Company of Soldiers, in number more or less; which they shall carefully reniew from time to time as shall be needful, under the penalty of fire pounds for the want of every Barrel of Powder, one hundred and fifty pounds of Bullets and eight and twenty pounds of Match as before mentioned, and the Select men of every Town as aforesaid, are hereby Authorized to assess their Inhabitants for making the provisions aforesaid, which shall remain as a Town-stook, besides all other Provisions of that kind. [1649.] 16. It is Ordered by this Court and the Authority thereof; That no Troop of Horse within this Jurisdiction, A. 56. p. 12. shall exceed the number of seaventy Listed Soldiers besides Officers; Troop not exceed 70 to be under Major's command. and that the Troops raised in the several Counties be under the Command of the Majors of the Regiment in the respective Counties, and all privileges formerly granted to encourage. Troopers shall be continued, except free Ferrage, and free Commonage in divided and appropriate Commons: A. 54 p. 1. A. 56. p. 12. And every Troop consisting of forty, shall have liberty of Nomination of all Officers to be allowed and confirmed by the County Courts as the Foot Officers, and the three chief Officers to have Commissions. Troopers how to befurnished And every Trooper shall keep always a good Horse, and be well fitted with Saddle, Bridle, Holsters, Pistols or Carbines and Swords, under the penalty of ten shillings for every defect, and having Listed his Horse, shall not change or put him off without Licence from his Captain or chief Officer under the like penalty. To exercise six days yearly And every Trooper shall attend six days exercise yearly, at such time and place as shall be appointed by the chief Officer, under the penalty of five shillings for every default, to be levied and distreined by the Clerk of the Troop, who is hereby required to execute the place as the Clerks of the Foot Companies mutatis mutandis. And because the Troopers living remote do often avoid their penalties, or occasion much travail and charge to the Clerk to collect the same; Clerk his fet● It is Ordered that the Clerks of the Troops for their charge and travail in levying all fines, shall be allowed the Fees of the Marshal, to be by him levied and distreined together with the fines; Provided not such distress be made within one Month after the default, that the parties may have liberty to present their excuses to the Officers, who have power upon just cause to abate or remit the fines, as the Officers of the Foot have in like cases. And in case of Alarm, every Troop shall fit himself in all respects for service, and shall speedily repair to the Guard in the Town where he dwells, A. 53. under the penalty of five pounds, How Troops are disposed in case of Alarm and shall duly attend such service as the Committee of Militia of that Town shall require, until he shall otherwise be commanded by Order from his Captain or other Superior Officer: And no Officer of any Foot Company shall be a listed Trooper. No Troop to be drawn out of the County And no Troop shall be drawn out of the County upon any pretence by the Captain and Officers thereof (except in pursuit of an Enemy upon a Rout) but by Order of the Major General. And the Captains of Horse and of Foot respectively, the Majors of the Regiments, and the Major General are required in their respective charges, to take care the Military Orders respecting Foot and Horses be duly executed and observed. [1645, 47, 48, 52, 53, 54, 55, 56.] Troopers pe●●lty Also it is Ordered; That no Trooper put off or change his Horse without leave from his Commander, under the penalty of five pounds, and that for non-appearance on days of exercise, the fine shall be ten shillings, and that no Trooper being Listed may at his pleasure disband himself without leave orderly obtained from his Commander, and returned by certificate to the Commander of the Foot in the Town to which they belong, under the penalty of such a fine as his chief Officer shall impose, not exceeding fifty shillings, FOr a were full and clear understanding of the intent of this Court in reference to Commissions greated to Muttary Officers; It is Ordered and hereby Declated, That all Commissions of inferior Officers be and do stand good and in force, Officers Commission● notwithstanding the death or removal of their Superior Officers. It is also further Ordered, That all trained Soldiers, whether Horse or Foot, shall repair to their several Quarters and lodge their Arms, immediately after their dismission upon Training days: And whosoever shall either singly or in companies remain in Arms, and vainly spend their time and Powder by inordinate shooting in the day or night after their Release; such Soldiers upon conviction shall be punished by their Superior Officers order, ●●s●rder in & al●●●● to be p●●●●ed by the Officers upon the next Training day at the head of the Company, by sharp Admonition, or otherwise, with any usual Military punishment at the discretion of the chief Officer: Provided the Magistrate have not taken notice of the matter before. It is also further Ordered; That all Soldiers, whether Horse or Foot, who shall disobey the lawful commands of their Superior Officers upon any Training day, either in time of exercise in the Body, or otherwise refusing to perform any service which their Officers in their discretion shall judge expedient in order to the furtherance and promoting Military work; such refractory Soldiers shall be punished either by Admonition or otherwise, at the head of the Company with any usual Military punishments, at the discretion of the chief Officers. It is also further Ordered, and be it hereby Enacted, that the Law limiting Troops, Repealed. not to exceed seaventy persons in a Troop, as also for allowance of five shillings per Annum is hereby Repealed, in reference to any that shall be listed after the publication of this Order. And that henceforth none shall be admitted to be a listed Trooper, but such whom themselves or Parents under whose government they are, do pay in a single County Rate for one hundred pounds estate, and in other respects qualified as the Law provides: And the same certified under the hand of the Constable of the Town where they live. [1663.] FOrasmuch as complaints have been made to this Court, of very great inequality in keeping and maintaining of Military Watches, the burden of that service y●ng mainly, if not altogether upon such as bear Arms, when several persons of good I state are free; All which considered, Millary Watches It is Ordered, that henceforth all persons whatsoever, within this Jurisdiction, who are liable to serve in Constable's Watches, shall also be liable to the like service in all Military Watches, either in their own persons, or by a sufficient supply to be made by all such persons as aforesaid, or shall pay twelve pence in money, and that under the penalty of five shillings for every such neglect, to be levied by the Clerk of each Company, by Warrant under the hand of the chief Officer of the same. [1664.] Whereas this Court hath already provided for the well ordering and settling the Militia of this Commonwealth, Major General & Major's power to see that all the Arms or the Country be readily fixed as in the Law tit. Military, yet forasmuch as many Complaints are presented to this Court, that the said Orders are not so attended as is to be desired; considering the present juncture of affairs between our English Nation and foreign Enemies, who are now engaged in a Bloody War, which calls for a prudential endeavour of our own safety against any foreign Invasion or sudden Surprisal; This Court doth therefore Order and Enact, That the said Military Laws be by all persons therein mentioned, forthwith attended in all respects; And for the better effecting the same, the Major General is required forthwith by warrant under his hand to the Majors of the several Regiments, to require them to make diligent inquiry into the state of the several Companies under their charge, and to be certified under the hands of the Commission officers, or chief Officers where no Commission Officers are of each Company, of all defects of Arms, Ammunition or otherwise in every respect; And the said Majors respectively are required to give speedy advice to the Major General what posture their said Regiments are in, and wherein the said Majors cannot of themselves forthwith make redress of any defects in the said Companies, the said Majors with the advice of the Major General have hereby power to use all lawful means to effect the same. Five pounds' penalty for defects of inferior Officers And all inferior Officers are hereby required to yield ready Obedience to all such Warrants sent to them by the said Majors respectively, or Major General, upon the penalty of five pounds for every such defect, to be levied by distress by such person as the said Major General and Majors of the Regiments shall depute, All the fines to go to procute a stock of powder for the company where the defects arise which said sins shall be for a stock of Powder for the said Company where the defects arise from time to time. And whereas several Towns in this Jurisdiction, are not under the Command of any Sergeant Major, as Dover, Portsmouth, etc. as also the Towns of the County of Hampshire; The several Towns that are not under Majors of Regiments to be regulated & ordered by the Major General It is Ordered, That the Major General take care for regulating of the Military affairs of such Towns, till they are brought under a Major as in other Counties; And all Military Officers of such places are required obedience to the Orders of the Major General from time to time, upon the penalty above mentioned for every defect. [1666.] Whereas the Law, tit. Military Sect. 7. requires every Pike man to be completely furnished (amongst other weapons with a sufficient Corslet) This Court considering that Corslets are wanting to many Soldiers in several Companies, and that supplies therein are not easily to be attained; It is therefore now Ordered, and by the Authority of this Court Enacted; That every Pikeman within this Jurisdiction, shall be completely furnished, either with a sufficient Corslet, Buff Coat or Quilted Coat, Pike men to provide Bull Coats or Qui●ed coat● such as shall be allowed by the chief Officer, under whose command they from time to time shall serve, upon the penalty in the recited Law already expressed; any Law, Custom or Usuge to the contrary notwithstanding, [1666.] THis Court considering the direction of our Patent, regulating to the stating of all Military Officers in this furisdiction; Do hereby Order and Declare; That all Commission Officers that at present are in power, are confirmed according to their respective Commissions; but for the time to come where new are to be chosen, it is only in the power of the General Court, or in case of emergency for the Council of the Commonwealth, How Officers are to be chosen to Nominate, Choose, Appoint, and Empower all Commission Military Officers, excepting the Major General, and Admiral by Sea, the choice of whom are otherwise provided for by Law; and for all inferior Officers in Companies, they are to be chosen and appointed by the Commission Officers of that Company, and where no Commission Officer is by the Major of the Regiment. [1668.] THe Court considering that the Regiments are multiplied from three to six since the Law was made, requiring the Sergeant Majors of every Regiment to draw forth his Regiment once in three years, to exercise them in Military Discipline: Regimental meetings Do Order, That henceforth the Regimental Meetings shall be in this following Order; i. e. Suffolk this present year, 1671. Norfolk including the County of Portsmouth and Dover, 1672. Middlesex Anno 1673. Yorkshire Anno 1674. Essex Anno 1675. Hampshire Anno 1676. And so to be continued in this Order successively from time to time. And the Majors of Norfolk, Yorkshire and Hampshire are allowed towards their expenses and entertainment, occasioned by that service ten pounds a piece respectively for the time of that service, to be paid by their respective County Treasurers. And it is also Ordered, That henceforth the allowance of twenty pounds a piece granted formerly to the Majors of the three old Regiments, shall be paid by the County Treasurers respectively, for such their service, any thing contrary hereunto contained in the Military Law, Sect. 2. notwithstanding. [1671.] MINES. FOr encouragement of such as will adventure for the discovery of Mines; It is Ordered by this Court, L. 2. p. 11. Discoverers of Mines to enjoy the profit for 21 years That whosoever will be at the charge for the discovery of any Mine within this Jurisdiction, shall enjoy the profits thereof, with a fit proportion of Land to the same, for twenty one years to their proper use, and also that such persons shall have liberty to purchase the interest of any of the Indians in such Lands where such Mines shall be found, provided they shall not enter upon any Towns or persons Propriety without his leave. [1641.] 2. And any Inhabitant within this Jurisdiction, that shall have or find any kind of Mine or Mines whatsoever, in any of their own proprieties, the whole benefit and profit of such Mines are due and shall belong to such Proprietor of Land wherein such Mine shall be found, to them and to their Heirs for ever, as any part of their Lands, Minneries; Possessions or Profits whatsoever, paying only the fifth part of Gold and Silver Oar according to proviso, made on that behalf. MONEY. IT is Ordered by this Court and the Authority thereof; A. 52. p. 12. That a Mint-house be Erected at Boston, and that the Master of the said Mint, and all the Officers thereof shall be sworn and allowed by this Court, Mint house at Boston or by such as shall be Authorized by this Court for that purpose. And all persons whatsoever, have liberty to bring into the said Mint, all Bullion, Plate or Spanish Coin, there to be melted, and brought to Alloy of Sterling Money by the Master of the said Mint and his sworn Officers from time to time, by him or them to be Coined into twelve penny, six penny, and three penny pieces, which shall be stamped with a double Ring on either side, with this Inscription, Stamp of the Coin MASSACHUSETS and a Tree in the centre on the one side, NEW-ENGLAND with the year of our Lord, and the figure XII. VI III. according to the value of each piece on the other side, together with a privy mark, which shall be appointed every three Months by the Governor, and known only to him and the sworn Officers of the Mint. And further, the Master of the Mint aforesaid, is hereby required to Coin all the said Money of good Silver, Value of the Coin of the just Alloy of new Sterling English Money, and for value two pence in the shilling of lesser value than the present English Coin, and the lesser pieces proportionably: And all such Coin as aforesaid, (and no other except English) shall be acknowledged to be the currant Money of this Commonwealth, and to pass from Man to Man in all payments accordingly within this Jurisdiction. And the Mint master for himself and Officers, for their pains and labour Melting, Allowance for Coining Refining and Coining is allowed by this Court to take one shilling out of every twenty shillings, which he shall stamp as aforesaid, and it shall be in the liberty of any person, who brings into the Mint-house any Bullion, Plate or Spanish Coin; to be present and see the same Melted, Refined and Alloyed, and then to take a Receipt of the Master of the Mint for the weight of that which is good Silver Alloyed as aforesaid, for which the Mintmaster shall deliver him the like weight in currant Money, viz. every shilling to weigh three pence Troy weight, Weight of the Coin and lesser pieces proportionably, deducting allowance for Coinage as before is expressed. Mint masters & Officers to be known And it is further Ordered; That a Committee be chosen by this Court to appoint a Mint-house in some convenient place in Boston, and to approve and swear the Master and all the Officers, and to Order and Determine what shall further appear necessary to carry on this Order to effect. 2. And it is further Ordered; A. 54. p. 5. That no Inhabitant of this Jurisdiction or Stranger, shall from henceforth send, carry or transport out of this Jurisdiction, by Sea or by Land, Exportation of Coin prohibited on pain of confiscation of estate directly or indirectly, any of the Money that hath been or shall be Coined in this Jurisdiction, except twenty shillings for necessary expenses, on penalty of Confiscation, not only of such money so Coined, but also all the visible estate of him that shall any way be found sending or exporting any of the Coin aforesaid, one third part whereof shall be to the use of the Informer and Officer, the other two thirds to the Country. And that this Law may be duly observed; Searchers to be appointed The County Courts shall from time to time, as there shall be need in Boston, Charlstown, Salem, Ipswich, Pas●ataqua, Isles of Shoals, Sudbury, and other needful places, appoint and Authorise meet persons, as Searchers, to examine and search all Persons, Vessels, Packs, Trunks, Chests, Boxes, or the like, that shall be transporting out of this Jurisdiction, who finding any Money shall seize the same, and forthwith inform the next Magistrate thereof, who shall issue out his Warrant for the present seizure of the whole visible Estate of the party so transporting contrary to this Law, for the use of the Commonwealth; And for the parties searching or informing as is above expressed. And it is further Declared, That all such Masters, Martiners or other persons, that shall be found to be privy or consenting to the exporting of any of the Coin aforesaid, out of this Jurisdiction, he or they shall for every such offence forfeit the sum of twenty pounds a piece, To take an Oath to be to the uses aforesaid; And the several Searchers shall take the Oath appointed for Searchers, only in stead of half, a third part to be inserted, and in stead of certifying the Auditor General, to insert to certify the next Magistrate. [1652. 54.] FOr the better execution of the Law pag. 62. sect. 2. for the restraining the Exportation of Money; It is Ordered by this Court and the Authority hereof, That the persons hereafter named, viz. For Boston, Captain James Oliver, and Mr. Thomas Brattle or either of them. For Charlstown, Captain John Allen. For Salem, Commissioner, to search for Money, etc. Mr. Edward Batter. For Pascataqua, Mr. Elias Stileman. For Marble-head, Mr. S●muel Ward. For Dedham, Ensign Fisher. For Braintry, Moses Pain. For Malberow, William Kerly. For Springfield, Laurence Bliss. Be all and every of them appointed, impowered and required to search for, and seize all moneys of the Coin of this Jurisdiction, that shall be found or discovered in any Ship or any other Vessel that hath weighed Anchor to departed from that Port where she ladeth, or all such Money that shall be found in any person's Pocket, Cloak bag, Portmantle, or any other thing belonging to them, after such person hath taken Horse back, to proceed and travail in his or their Journey out of this Jurisdiction, from the first Town or Station whence such persons begin their Travail: And all Money● that such Searcher shall find (except so much as is allowed by Law) he shall safely keep it until the next Court of the Shire, and then present the same unto the said Court; and if it be judged by the Court to be forfeited according to Law, than the said Court are required to order the delivery of one third part to the Officer that seized the same, and the other two third parts to return to the public Treasury of the Country. And it is further Ordered, That the Searchers beforenamed, are hereby empowered to break open any Chest, Trunk, Box, Cabin, Cask, Truss, or any other suspected place or thing, where they or any of them conceive Money may be concealed, and seize the same: And also they or either of them are impowered to require such Assistance from any Constables or others, as to them may seem expedient, who are to aid them upon the penalty of forty shillings fine for every neglect. [1669.] MONOPOLIES. IT is Ordered, Decreed, and by this Court Declared; That there shall be no Monopolies granted or allowed amongst us, but of such new inventions that are profitable to the Country, and that for a short time. [1641.] Oaths Subscriptions. No Oaths but what are imposed by the General Court IT is Ordered, and by this Court Declared; That no man shall be urged to take any Oath, or subscribe to any Articles, Covenants or Remonstrances of Public and Civil nature, but such as the General Court hath considered, allowed and required; Officers Oath how long bin●ing and no Oath of any Magistrate or of any Officer, shall bind him any further or longer than he is resident or reputed an Inhabitant of this Jurisdiction, [1641.] 2. Forasmuch as divers Inhabitants of this Jurisdiction, who have long continued amongst us, receiving protection from this Government, A. 12. p. ●. have as we are informed uttered offensive speeches, whereby their fidelity to this Government may justly be suspected, and also that divers Strangers of sorreign parts do repair to us of whose fidelity we have not that assurance which is commonly required of all Governments; It is therefore Ordered by this Court and the Authority thereof; That the County Courts or any one Magistrate out of Court, shall have power, and is hereby Authorized to require to Oath of Fidelity of all settled Inhabitants amongst us, Strangers to swear fidelity to this Governm●● who have not already taken the same, as also to require the Oath under-written of all Strangers, who after two Months have their Abode here; And if any person shall refuse to take the respective Oath, he or they shall be bound over to the next County Court or Court of Assistants, where if he shall refuse, he shall forfeit five pounds a week, for every week he shall continue in this Jurisdiction after his said refusal, unless he can give sufficient security to the satisfaction of the Court or Magistrate for his Fidelity during his or their residence amongst us: Strangers Oath. You A. B. do acknowledge yourself subject to the Laws of this Jurisdiction, during your residence under this Government; And do here Swear by the great Name of the Everliving GOD, and engage yourself to be true and faithful to the same, and not to Plot, Contrive or Conceal any thing that is to the hurt or detriment thereof. [1652.] OPPRESSION. FOr avoiding such mischiefs as may followly such indisposed persons, as may take liberty to oppress and wrong their Neighbours, by taking excessive Wages for their Work, or unreasonable prizes for such Merchancizes or other necessary Commodities as shall pass from Man to Man; It is Ordered; That it any Man shall offend in any of the said cases, he shall be punished by fine or imprisonment, according to the quality of the offence as the Court to which he is presented, upon lawful trial and conviction shall adjudge. [1635.] PAYMENTS. IT is by this Court Ordered and Declared; A. 54. p. 4. That all Contracts and Engagements for Money, Corn, Chattel or Fish, shall be satisfied in kind according to Covenant, or in default of the very kind contracted for, in one of the said kinds; Provided that in such cases where payment in kind is not made according to Covenant, all just damages shall be satisfied (together with the Debt) for not paying in kind according to bargain; And in no case shall any Creditor be forced to take any other Commodities for satisfaction of his debt, unless it be according to his Contract, but it shall be lawful for such Creditor to imprison the party till he make satisfaction according to Covenant, D●b● to be 〈◊〉 the kind contract or to take upon Execution such Goods, Houses or Lands, as shall be to his satisfaction; any Law, Custom or Usage to the contrary notwithstanding. [1654.] Whereas the Law tit. Payments pag. 63. doth make Corn, Cattle and Fish equal with Money and to be paid as Money, when Money is intended for, which at that time when the Law was made was as good as Money, but now is otherwise, and proveth prejudicial and injurious, as experience showeth upon several accounts: their fore as an Addition to, and explanation of that Law; All contracts & agreements to be made ●o●● by payment in specie contracted for, etc. This Court doth Order and Enact, That henceforth all Contracts, Agreements, Engagements or Covenants for any specie whatsoever, shall be paid in the same specie Bargained for; Any Law, Usage or Custom to the contrary notwithstanding. [1670.] PETITIONS. IT is hereby Ordered; That all Petitions to the General Court, L. 2. p. 13. which are of a common and ordinary nature, the Petitioner shall pay on the delivery thereof to the Secretary or Clerk two shillings six pence for each Petitions; And all Petitions for abatements of fines, mitigation of penalties, etc. shall pay unto the Clerk or Secretary as aforesaid ten shillings, Payment for entering Petitions in the General Court And all Petitions for Gratuities, or that concern Controversies between party and party, Town and Town shall pay ten shillings; And all Petitions for Debts, or other controversies between party and party brought from Inferior Courts, shall pay ten shillings besides the charges of the Court during the trial of such cause. And henceforth no Petition whatsoever, shall be received into the General Court, after the first four days of the Court of Election, A. 54. p. 1. nor after the first week of any other Session. Nevertheless, It is hereby Ordered; That all such Petitions that concern any engagement of the Country to any person, are hereby exempted; Time of Entry And that any Magistrate or Deputy of the Court may present any Petition, wherein his own personal right is concerned without payment, and that there shall be a true Entry made by the Secretary of the number of Petitions that shall be delivered to the Magistrates, petitions exempt from payments and the like account shall be kept by the Clerk of the Deputies, Secretary and Clerk to secure the pay of all Petitions received by the Deputies, and all such fees as are produced by such Petitions, shall be received or secured by the Secretary or Clerk, and discounted in part of their Annual allowance. [1648, 54.] PIPES-STAVES. Whereas information hath come to this Court from foreign parts, of the insufficiency of our Pipe-staves, especially in regard of wormholes, whereby the Commodity is like to be prohibited in those parts, to the great damage of the Country; It is therefore Ordered by this Court and the Authority thereof; That the Select men of Boston, Charlstown, Salem, Dover, Portsmouth, Kitterie, and all other Towns in this Jurisdiction, Searchers of Pipe staves where Pipe-staves use to be shipped, shall forthwith, and so from time to time, as need shall require, nominate two men of each Town, skilful in the Commodity, and such as can attend the service, to be viewers of Pipe staves, who so chosen, shall by the Constable be convented before some Magistrate, Sworn to be sworn diligently and faithfully to view and search all such Pipe-staves as are to be transported to any parts of Spain, Portugal, or within either of their Dominions or elsewhere, to be used for making of tied Cask, who shall cast by all such as they shall judge not Merchantable, both in respect of wormholes and due Assize, viz. that are not in lergth four feet and half, in breadth three Inches and half without sap, Assize of Pipe-staves in thickness three quarters of an inch and not more or less than an eighth part of an inch than three quarters thick, well and even hewed and sufficient for use. And they or some one of them, shall at all times upon request give attendance, and they shall enter into a Book the number of all such Merchantable Pipe-staves as they shall approve, and for whom. Pipe-staves shipped unsearched to be forfeit And if any Man shall put aboard any Ship or other Vessel any Pipe-staves other than shall be so searched and approved, to the end, to be transported to any part of Spain or Portugal, except they should be shipped for dry Cask, Searchers allowed he shall forfeit the same whole parcel or the value thereof, and the said Viewers shall be allowed two shillings for every thousand of Pipe-staves which they shall so search, as well the Refuse as the Merchantable, to be paid by him that sets them on work. Masters of ships receiving unsearched staves forfeit 5 li. And if any Master or other Officer of any Ship or other Vessel, shall receive into such Ship or Vessel, and parcel of Pipe-staves, to be transported into any of the said Dominions, which shall not be searched and allowed as Merchantable, and so certified by a note under the hand of one of the said Viewers; such Master shall forfeit for every thousand of Pipe-staves so unduly received five pounds, except he can procure one of the said Viewers to come aboard and search such Staves as they shall be delivered into the Ship: Dry Cask staves Provided, Cast or Refuse Staves, or other Red Oak Staves may be transported into those parts (which may be of good use for Dry Cask) so as the same be carried in distinct parcels, and not intermixed with Merchantable Staves. [1646.] POOR. IT is Ordered by this Court and the Authority thereof; That any Shire Court or any two Magistrates out of Court, shall have power to determine all Differences about lawful settling and providing for poor persons; and shall have power to dispose of all unsettled persons into such Towns as they shall judge to be most fit for the maintenance and employment of such Persons and Families, for the case of this Country. [1639.] And for the avoiding of all future inconveniences referring to the settling of poor people that may need relief from the place where they dwell; Orders that settle poor It is Ordered by this Court and the Authority thereof; That where any person with his Family, or in case he hath no family, shall be resident in any Town or Peculiar of this Jurisdiction for more than three months, without notice given to such person or persons by the Constable or one of the Select-men of the said place, or their Order, that the Town is not willing that they should remain as an Inhabitant amongst them; And in case after such notice given, such person or persons shall notwithstanding remain in the said place, if the Select-men of the said place shall not by way of complaint, Petition to the next County Court of that Shire for relief in the said case, and the same prosecuted to effect; every such person or persons (as the case may require) shall be provided for, and relieved in case of necessity, by the Inhabitants of the said place where he or she is so found. And it is further Ordered, That each County Court shall from time to time hear and determine all Complaints of this nature, and settle all poor persons according to directions of this Law, in any Town or Peculiar within this Colony; and every such person or persons shall accordingly, be entertained and provided for by the Select-men or Constable of the said place, at a Town-charge; And in case any Town or Peculiar shall find themselves aggrieved at such disposure of the County Court, they may Appeal to the next Court of Assistants; And where any person or persons cannot according to this Law be settled in any Town or Peculiar, they shall then be placed in any Town of that County wherein they are found, according as the County Court shall appoint, and their charges satisfied unto them by the County Treasurer. POSSESSION. THe Court taking into consideration the great neglect of many persons, in the Infancy of these Plantations, A. 58. p. 28. to observe any due order or legal course for the confirmation of such Sales and Alienations of Houses and Lands, as have passed from man to man, which thing may several ways be of very evil Consequence to Posterity. Doth therefore Order and hereby Enact; That any person or persons, that hath either himself or by his Grantees or Assigns, before the Law made for direction about Inheritances, bearing date October the nineteenth, one thousand six hundred and fifty two, Title to Inheritances limited Within 5 years Possessed and Occupied as his or their own proper Right, in see simple, any Houses or Lands within this Jurisdiction, and shall so continue, whether in their own Persons, their Heirs or Assigns, or by any other person or persons, from, by or under them, without Disturbance, Let, Suit or Denial legally made, by having the Claim of any person thereto, entered with the Recorder of the County, where such Houses or Lands do lie, with the Names of the person so claiming, and the Quantity, Bounds of the Lands or Houses claimed, and such Claim prosecuted to effect within the term of fire years next after the twentieth of this present May, one thousand six hundred and fifty seven; every such Proprietor, their Heirs and Assigns shall for ever after enjoy the same, without any lawful Let, Suit, Disturbance or Denial, by any after Claim of any person or persons whatsoever, any Law or Custom to the contrary notwithstanding. And for all Bargains or Alienations made, or to be made after the aforesaid time, that every person concerned therein, observe the Directions given in the above recited Law, upon peril of suffering all the damage that shall accrue to them, their Heirs and Assigns by neglect thereof. [1657.] PORTERS. There being a very great abuse in the Towns of Boston and Charlstown, by Forters, A. 56. p. 10. who many times do require and exact more than is just and righteous for their Labours; It is Ordered by this Court; That from henceforth the Select-men of the said Towns from time to time, Porter's to be Ordered by the Select men shall have power to regulate in this case, and to state their Wages, as in their understanding shall be most just and equal, as also to determine what persons shall be employed therein. [1655.] Pound. Pound-breach. FOr prevention and due recompense of damages in Cornfields and other Enclosures done by Swine and Chattel; Pound in every Town It is Ordered by this Court and Authority thereof, That there shall be one sufficient Pound or more, made and maintained in every Town and Village within this Jurisdiction, for the Impounding of all such Swine and Chattel as shall be found in any Cornfield or other enclosure. And whosoever Impounds any Swine or Chattel, shall give present notice to the Owner if he be known, or otherwise they shall be cried at the two next Lectures or Markets; A. 57 p. 24. And if Swine or Chattel escape out of Pound, the Owner if known, shall pay all damages according to Law. And every person or persons having notice given them, or otherwise left in writing at their House or place of their usual abode, of any of their Chattel Impounded or otherways Restrained, Cattle impounded to be repleived or damage satisfied shall forthwith give satisfaction to the party so wronged, or otherwise Replevie their Chattel, and prosecute the same according to Law, upon peril of suffering all the loss and damage that shall come to their Chattel by standing in the Pound or other lawful place of Restraint. [1645, 47, 57] 2. And if any person shall resist or rescue any Chattel going to Pound, or shall by any way or means convey them out of Pound or other Custody of the Law, whereby the party wronged may lose his damages, Rescues and Pound breach and the Law be deluded, that in case of mere reskues, the party so offending shall forfeit to the Treasury forty shillings. Fine or And in case of Pound breach five pounds, and shall also pay all damages to the party wronged, and if in the rescues any bodily harm be done to the person of any Man or other Creature, they may have remedy against the Rescuers; And if either be done by any not of ability to answer the forfeiture and damages aforesaid, be whipped they shall be openly Whipped by Warrant from any Magistrate before whom the offender is convicted in the Town or Plantation where the offence was committed, not exceeding twenty stripes for the mere Rescue or Pound breach; And for all damages to the party, they shall satisfy by service, as in case of Theft. And if it appear there were any procurement of the Owner of the Chattel thereunto, and that they were Abetters therein, they shall pay forfeiture and damages as if themselves had done it. [1647.] POWDER. Whereas by favour of the Government in England, A. 52. p. 3. several quantities of Powder and other Ammunition are yearly Imported into this Jurisdiction for our necessary use and defence; To the end the favour we receive may not be Abused; nor ourselves Deprived of the just and necessary use thereof; It is hereby Ordered and Enacted; That all Merchants or others, that shall import into this Jurisdiction either Powder, Led, Bullets Shot, Powder imported to be F●●●● with the public Notary or any Ammunition whatsoever, shall give particular notice of the quantity thereof to the Public Notary, upon the pain and penalty of forty pounds, within one Month after the Landing of such Goods, who is hereby enjoined to take particular notice of the same, with the Mark and Number, and faithfully to enter the same in a Book, and the Names of the Persons to whom they are sold, or into whose Custody or power they are committed, that he may give account thereof upon Oath to the Governor, Deputy Governor or any of the Council from time to time; And the said Notary is hereby prohibited, upon the penalty of one hundred pounds, to grant Cortificate to any Merchant or other of any such Goods but such as he shall have particular notice of, and entered as aforesaid. And to the end this Order may be duly observed, and that no person may plead ignorance thereof; It is hereby Ordered, That the Captain of the Castle shall upon the arrival of any Ship or Vessel in the Massachusets Bay, from any foreign parts, give notice of the contents of this Order, to the Master or Merchant of any such Vessels, and the Constables of all other Port-Towns in this Jurisdiction, are hereby required to do the same. [1651.] 2. And it is further Ordered; That no person (except for the defence of themselves and their Vessels at Sea) shall transport any Gunpowder out of this Jurisdiction, L. 1. p. 45. without licence first obtained from some two of the Magistrates, upon penalty of forfeiting all such Powder as shall be transporting or transported, or the value thereof. And that there may be no defect for want of an Officer to take care herein; This Court, the Court of Assistants, or any Shire Court, shall appoint meet persons, Searchers for powder exporting from time to time in all needful places, who have hereby power granted them, to search all Persons and Vessels that are or any way shall be suspicious to them to be breakers of this Order, and what they find in any Vessel or Hands, without licence as aforesaid, to seize the same, and to keep the one half to their own use in recompense of their pains, and to deliver the other half forthwith to the Treasurer. [1645, 51.] Prescriptions. IT is Ordered, Decreed, and by this Court Declared: That no Custom or Prescription shall ever prevail amongst us in any Moral case, (our meaning is) to maintain any thing that can be proved to be Morally sinful by the Word of God. [1641.] Prisoners, Prison, House of Correction. Prisoners carried their own charge IT is Ordered; That such Malefactors as are committed to any common Prison, shall be conveyed thither at their own charge if they be able, otherwise at the charge of the Country. [1646.] 2. For prevention and redress of many misdemeanours and evil practices, A. 55. p. 10. daily increasing; It is Ordered, That there shall be an House of Correction provided in each County, at the Counties charge, to be settled, House of Correction in each County ordered and improved as the Magistrates in each County Court or Court of Assistants shall agree and direct. 3. And it shall be in the power of every County Court to make use of such Prison as is at present erected in the County, A. 57 p. 25. for an House of Correction, till Houses of Correction be provided and finished. County Court to appoint a Master Also to provide and Authorise the Keeper or some meet person, to be Master of such House as they shall judge meet; And the Select men of the Town where such House is appointed, shall procure in the most prudent way, some competent stock of Hemp, Flax, or other materials, Select men to provide Materials to work and upon account, to commit the same into the hands of the Master of the House, to be employed at his discretion by the labour of such Delinquents, as shall be committed to him by Authority, and the stock being in value or kind preserved to such as put in the same, all the benefit attained by the labour of the person committed, shall be to the use of the Master, Master's fees allowing only so much as will keep the Delinquent with necessary Bread and Water, or other mean food out of the same, or six pence out of the shilling earned by his or her labour. And at the first coming into the House of Correction, the Master thereof, or any he shall procure, or the common Corrector residing in the Town, shall whip every Delinquent, not exceeding ten stripes, Delinquent to be Corrected & kept to work and after shall employ him or her by duly stint, and if the party be stubborn, disorderly or idle and not perform their task, and that in good condition, the Master shall correct them or abridge them of their food, as the cause shall require, till they are brought to some meet order. One Magistrate may commit to the House of Correction And it shall be in the power of one Magistrate, to commit idle persons or stubborn persons against such as have Authority over them, Runaways, Common Drunkards, Pilferers, Common nightwalkers and wanton persons, as tending to uncleanness in speeches or Actions, etc. And it shall not be in the power of the Master to deliver out of the House of Correction, unless he hath a Discharge or Warrant under the hand of a Magistrate; and if the Delinquent be committed by the Court, not to be delivered but by order of the Court, or under the hand of the greater part of the Members of the Court. [1646, 55, 57] ON Complaint of the Keeper of the Prison, that some Malefactors and other Prisoners have made escape, by means of some evil-disposed persons that supply them with Instruments to effect the same; It is therefore Ordered by this Court and the authority thereof, That if any person whatsoever, shall any ways, either directly or indirectly convey any Instrument or other thing whatsoever to any Prisoner, by which such Prisoner or any other Prisoner, either shall, may, To prevent breaking of Prisons or might break Prison, or work him or herself unlawfully out of the same; if it were for Debt, such person so transgressing shall pay the full Debt, and incur the penalty of forfeiture of as much to the Country, or undergo such Corporal punishment as the Court on whose proceed such imprisonment followed, or the Court of Assistants shall impose, order or appoint. And if any Prisoner committed for offence or offences, Criminal or Capital, shall by such wicked compliance of any person, break Prison or make escape out of Prison, or be found in preparation thereunto, the person or persons which directly or indirectly conveyed such Instruments, Tools, or other things, whereby such Prisoner shall or might work his or her escape from Prison; such person shall be liable to the same corporal punishment which the Prisoner was liable unto, and also incur such further penalty by Fine, Imprisonment, or Corporal punishment as the County Court, Court of Assistants or General Court shall appoint: So that where the Prisoners are not actually escaped, in such cases any Court to moderate as they shall see meet. And if the escape of any Prisoner appear to be through the fault or neglect of the Jailor, he shall then be liable to such penalties as the Prisoner was, according as the Court which hath cognizance thereof shall determine. [1669.] IN Answer to some Questions propounded by the Keeper of the Prison for his direction in the execution of his Office; Directions to Prison keepers This Court do Declare; That it is the duty of all Prison-keepers from time to time to present a true List of all the Prisoners to such Courts of Judicature, as are properly to take cognizance of their crimes, and not to discharge any their custody, but by the Authority of the Law Warranting the same, and that the Court or other Authority taking cognizance thereof shall determine the Costs to be allowed the Keeper for maintenance of the Prisoner, as also by whom he shall be satisfied, and that where any are committed in any civil cause, the Plaintiff at whose suit he is imprisoned shall secure the Keeper all his necessary expenses during his Imprisonment, both for Food and Physic, and other necessaries for his livelihood; And in case of his neglect so to do, the party imprisoned taking his Oath before any Magistrate that he is not worth five pounds, the Keeper shall not stand further charged with him, but may dismiss such Prisoner his custody; Any former Law, Usage or Custom to the contrary notwithstanding. And it is Declared by this Court; That the ordinary allowance to be made for the Food of any Prisoner shall be two shillings sixpence the Week. [1663.] Protestations contra Remonstrance. Liberty to enter a dissent in cases in Court IT is Ordered, and by this Court Declared; That it is and shall be in the liberty of any Member or Members of any Court, Council or civil Assembly, in cases of making or executing any Order that properly concerneth Religion, or any cause Capital, or Wars, or Subscriptions to any public Article or Remonstrance, in case they cannot in Judgement and Conscience consent to that way the major vote or suffrage goes, to make their Contra Remonstrance or Protestation in Speech or Writing, and upon their Request to have their dissent Recorded in the Rolls of that Court, so it be done Christianly and Respectively for the manner, and the dissent only be Entered without the Reasons thereof, for avoiding tediousness. [1641.] Punishment, Torture. None punished twice for due offence IT is Ordered, and by this Court Declared; That no man shall be twice Sentenced by Civil Justice for one and the same Crime, Offence or Trespass. And for Bodily Punishments; L. 1 p. 50. We allow amongst us none that are Inhuman, Barbarous or Cruel. And no Man shall be beaten with above forty stripes for one Fact at one time, nor shall any Man be punished with Whipping, Not above 40 l stripes except he have not otherwise to answer the Law, unless his Crime be very shameful, and his course of life vicious and profligate. And no man shall be forced by Torture to confess any Crime against himself or any other, unless it be in some Capital case, No torture before co●●●●tion where he is first fully convicted by clear and sufficient evidence to be guilty, after which if the case be of that nature, that it is very apparent there be other Conspirators or Confederates with him, than he may be Tortured, yet not with such Tortures as are Barbarous and Inhuman. Records, Recorders, Clerks. Whereas Records of the Evidence, whereupon the Verdict and Judgement in cases doth pass, being duly entered and kept, would be of good use, both for precedents, and to such as shall have just cause to have their cases Reviewed; It is therefore Ordered by this Court and the Authority thereof; A 52. p. 13. That every Judgement given in any Court, or by one Magistrate, L. P. 15. or by Commissioners, shall be Recorded in a Book, and all the Evidences (which are to be given in, in Writing, in fair and large Papers) shall be kept, and the party for whom such evidence is brought, shall pay to the Recorder or Clerk of the Court for filing and safe keeping the same two pence for each evidence; Evidence to be given in writing and the sore man of every Jury shall faithfully deliver up all such Testimonies or other Writings committed to them, To be kepton ●ile unto the Recorder or Clerk of the Court, when they give in their Verdict in every case. And the Fees of the Recorder or Clerk of every County Court shall be as followeth, A. 57 p. 21. for Transcribing a Copy of any evidence for every page consisting of twenty eight or thirty lines, eight words in a line twelve pence, and proportionable to eight pence a page for what it doth exceed; Recorders Fees For entry of a Mortgage or Sale of Houses or Lands verbatim, not exceeding a page as aforesaid, twelve pence, and proportionable to eight pence a page for what it doth exceed; And for Attesting the Record on the Original Deed six pence, and in like manner for Wills and Inventories, with six pence a piece for filling up the Original and safe keeping thereof; And for entering an Order for the determining of an Estate of such as died Intestate, or other, wherein the Court is to give their approbation or determination twelve pence, And for Entry of the Examination and Proceed of this Court in any Criminal Cases or Presentment, with the Judgement of the Court therein two shillings and six pence; And for Entry of a Recognizance twelve pence, to be paid or secured in Court by the Delinquent party; And for Entering a Judgement acknowledge twelve pence; And for Entry of an Action one shilling six pence, L. 2. p. 7. and a judgement thereupon six pence, and for making an Execution two shillings. Births, Death's Marriages 2. It is Ordered; That the Clerk of the Writts in the several Towns shall Record all Births and Deaths of persons in their Towns, and for every Birth and Death they so Record, they shall be allowed three pence, and they shall yearly deliver in to the Recorder of the Court of the Jurisdiction where they live a true Transcript thereof, together with so many pence as there are Births or Deaths to be Recorded. Parents, Master's &c. to certify the Clerk And all Parents, Masters of Servants, Executors or Administrators respectively, shall bring in to the Clerk of the Writts, in their several Towns, the Names of such persons belonging to them or any of them, as shall either be Born or Dye. And also every new-Married Man shall likewise bring a Certificate under the hand of the Magistrate which Married him unto the said Clerk, to be by him Recorded, who shall be allowed three pence for the same, and the said Clerk shall deliver as aforesaid unto the Recorder a Certificate, with a penny a Name for Recording the said Marriage: And if any person shall neglect to bring a Note or Certificate as aforesaid, together with three pence a Name to the said Clerk of the Writts to be Recorded, more than one Month after such Birth, Death or Marriage, he shall pay twelve pence to the said Clerk, Penalty of not certifying who shall demand the same, and in case any shall refuse to satisfy him, he shall then return the Name of such person or persons to the next Magistrate or Commissioners of the Town where such person dwells, A. 54. p. 24. who shall send for the party so refusing; And in case he shall still persist therein, shall give Order to the Constable to leavy the some: And if any Clerk of the Writts shall neglect his duty hereby enjoined, he shall pay the following penalties, viz. for neglecting a yearly return to the County Court five pounds, Clerk to return all Births deaths etc. to the County Court and for neglect of returning the name of any person returnable by this Order, whether Born, Married or Dead, more than thirty days before his return to the County Court five shillings, and that no neglect may be herein for the future, the Clerk of each County Court is hereby enjoined from time to time, to certify the County Courts respectively the Names of all such Clerks of the Writts, who shall neglect to make their yearly return, according to this Law, who upon such notice given, shall send for such Clerks, and do in the case as the Law requireth. 3. It is Ordered and Declared, That every man shall have liberty to Record in the public Rolls of any Court, L. 1. p. 47. any Testimony given upon Oath in the same Court, or before two Magistrates, or any Deed or Evidence legally confirmed, there to remain in perpetuam rei memoriam. Liberty to record testimonies and evidences And that every Inhabitant of the Country, shall have free liberty to search and view any Rolls, Records or Registers of any Court or Office, to view public Records except of the Council, and to have a Transcript or Exemplification thereof, Written, Examined and Signed by the hand of the Officer, paying the accustomed fees. And if any person or person repairing to any public Officer of this Jurisdiction, to view any Record or Writings committed to his charge, A. 52. p. 9 shall wittingly and willingly Deface or Rend any such Record or Writing, upon complaint of such Officer to any Magistrate, and proof by Oath of the said Officer, or other sufficient Witness, every person so offending shall forfeit by the party concerned therein triple the damage that might have ensued or accrued to him or them thereby, and shall also be fined as much to the Country, Penalty of defacing Records or suffer two months' Imprisonment without Bail or Mainprise, or stand in the Pillory two hours in Boston Market, with a Paper over his head written in Capital Letters, A DEFACER OF RECORDS. the special or particular punishment to be determined by the next County Court where the Offence was committed, and shall also stand bound to the good Behaviour, during the pleasure of the Court. [1639, 42, 43, 44, 47, 52, 57] Directions to Court Officers to grant Copies, etc. REsolved upon the Question, That the words Rolls, Records, or Register of any Court or office contained in the Printed Laws, tit. Records, etc. Sect. 3. pag. 69. are to be Interpreted and understood only of such Acts of Court as concern particular persons in matters of Justice, Licence, Grant or Approbation; or of such Laws as are of public concernment. [1665.] Seasonable transcribing and delivery of matters of public concern by the Secretary. Whereas by reason that the Orders of this Court, referring to the Commissionating, Appointing and Impowring any particular person or persons for any special trust, negotiation or other matter as from time to time do arise, are not duly and seasonably Transcribed and Delivered to those concerned therein, the expectation of this Court is many times disappointed, and damage to the public doth inevitably accrue; It is therefore Ordered by this Court; That the Secretary, from time to time, To the Marshal General within ten days after the end of every Sessions of the General Court, shall Copy out all such special Orders of this Court as abovesaid, and deliver the same to the Marshal General, who shall receive the same at the Secretary's house, and take Order for the speedy and certain conveyance thereof, to those whom they are especially directed unto; And for such Orders as do require a more speedy dispatch then the time above limited, the Officers shall accordingly hasten the same. Marshal General to attend the Treasurers and Secretaries directions, etc. Also the Marshal General shall from time to time receive all Warrants that are to be sent to the several Towns from the Country Treasurer; as also the Laws that are at any time to be published, either Printed or Written, and cause them to be delivered according to the direction given him from the Treasurer or Secretary. [1668.] REPLEVIN. IT is Ordered and by this Court Declared, That every man shall have liberty to Replevie his Chattel or Goods in pounded, Distreined, Seized or Extended, unless it be upon Execution after Judgement, and in payment of fines; Provided he put in good Security to prosecute the Replevin, and to satisfy such Demand as his Adversary shall recover against him in Law. [1641.] SABBATH. UPon Information of sundry Abuses and Misdemeanours committed by divers Persons on the Lordsday, A. 53. p. 18. not only by Children playing in the Streets and other places; But by Youths, Maids and other persons, both Strangers and others, uncivity walking in the Streets and Fields, travailing from Town to Town, going on Ship board, frequenting Common Houses and other places to Drink, Sport or otherwise to misspend that precious time, which thing tends much to the Dishonour of God, the Reproach of Religion, Gr●●ring the Souls of God's Servants, and the Irephanation of his Holy Sabbath, the Sanctification whereof is sometimes put for all Duties, immediately respecting the service of God contained in the first Table; It is therefore Ordered by this Court and the Authority thereof, That no Children, Youth, Maids or other persons shall transgress in the like kind, on penalty of being reputed great provokers of the high displeasure of the Almighty God, Profaneness of the Sabbath and further incur the penalty hereafter expressed, viz. That the Parents and Governors of all Children above seven years old, (not that we approve younger Children in evil) for the first offence in that kind, Penalty upon due proof before any Magistrate; Commissioner or Select●man of the Town where such offence shall be committed, shall be Admonished; For a second offence, upon due proof as aforesaid, shall pay as a fine five shillings; And for a third offence, upon due proof as aforesaid ten shillings; And if they shall again offend in that kind, they shall be presented to the County Court, who shall augment punishment according to the merit of the Fact. And for all Youths and Maids above fourteen years old, and all elder persons whatsoever, that shall offend and be convict as aforesaid, either for Playing, uncivil Walking, Drinking, Travailing from Town to Town, going on Ship board, Sporting, or any way mispending that precious time; shall for the first offence be admonished, upon due proof as aforesaid, for a second Offence, shall pay as a fine five shillings, and for the third offence ten shillings; And if any shall further offend that way, they shall be bound over to the next County Court, who shall augment punishment according to the nature of the offence: And if any be unable or unwilling to pay the aforesaid fines, they shall be whipped by the Constable, not exceeding five stripes for ten shillings fine, and this to be understood of such offences as shall be committed during the Daylight of the Lords day. [1653] 2. Whereas by too sad experience, it is observed, the Sun being set, both every Saturday, and on the Lordsday, A. 52 young people and others take liberty to walk and sport themselves in the streets or fields, in the several Towns of this Jurisdiction, to the Dishonour of God, and the Disturbance of others in their Religious exercises, and too frequently repair to public Houses of Entertainment, and there sit Drinking, all which tends not only to the hindering of due preparation for the Sabbath, but as much as in them lieth renders the Ordinances of God unprofitable, and threatens the rooting out of the power of Godliness, and procuring the wrath and judgement of God upon us and our posterity; For prevention whereof; It is Ordered by this Court and the Authority thereof; That if any person or persons henceforth, either on the Satter-day-night, Drinking in Ordinaries ●●●er Sun set or on the Lords-day-night, 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 House of public Entertainment (unless Strangers or Sojourners in their Lodgings) and cannot give a satisfactory Reason to such Magistrate or Commissioner in the several Towns as shall have the cognizance thereof: Penalty Every such person so found complained of, and proved transgressing, shall pay five shillings for every such Transgression, or suffer Corporal punishment as Authority aforesaid shall determine. [1658.] THis Court being sensible, that through the wicked practices of many persons, who do profane Gods Holy Sabbaths, and contemn the public Worship of his House, the Name of God is greatly dishonoured, and the Profession of his People here greatly scandalised, as tending to all Profaneness and Irreligion; As also that by reason of the late Order of Octob. 20. 1663. remitting the fines imposed on such to the use of the several Towns, the Laws made for reclaiming such Enormities are become ineffectual; Do therefore Order and Enact; That henceforth all fines imposed according to Law for Profanation of the Sabbath, Contempt or Neglect of God's public Worship, Reproaching of the Laws, and Authority here Established according to His Majesty's Charter, All f●ne: for P●●p●●●●●ion of t●e S●●●●● 〈◊〉 formerly to ●●e to the ●ounties● etc. shall be to the use of the several Counties, as formerly; Any thing in the abovesaid Law to the contrary notwithstanding. And in case any person or persons so sentenced, do neglect or refuse to pay such Fine or Mulcts as shall be legally imposed on them, or give Security in Court to the Treasurer for payment thereof, every such person or persons so refusing or neglecting to submit to the Courts Sentence, shall for, such his Contempt be Corporally punished, according as the Court that hath cognizance of the case shall determine: And where any are Corporally punished, their sins shall be remitted. [1665.] FOr the better Prevention of the Breach of the Sabbath; It is Enacted by this Court and the Authority thereof; That no servile work shall be done on that day, namely, such as are not works of Piety, Sabbath-breakers of Charity, or of Necessity, and when other works are done on that day, the persons so doing, upon Complaint or Presentment, being legally convicted thereof before any Magistrate or County Court, shall pay for the first offence ten shillings fine, and for every offence after to be doubled; and in case the offence herein be circumstanced with Profaneness, or high handed Presumption, the penalty is to be augmented at the discretion of the Judges. As an addition to the Law, for preventing Profaning the Sabbath day, by doing servile work; This Court doth Order; That whatsoever person in this Jurisdiction shall Travail upon the Lordsday, either on Horseback or on Foot, or by Boats, from, or out of their own Town, to any unlawful Assembly or Meeting, not allowed by Law; are hereby declared to be Prophaners of the Sabbath, and shall be provided against as the persons that Profane the Lordsday, by doing servile work. [1668.] SAILORS. Whereas many Miscarriages are committed by Sailors, L. 2. P. 14. by their immoderate Drinking, and other vain expenses in Ordinaries, which oftentimes occasions prejudice and damage to the Masters and Owners of the Vessels to which they belong, their men being oftentimes Arrested for Debts so made when their Ships are ready to set sail; For Prevention whereof; It is Ordered by this Court and the Authority thereof; That no Innkeeper, Victualler or other, Seller of Wine, Beer or Strong Liquors, shall after publication hereof, Arrest, Attach, or recover by Law, any Debt or Debts so made by any Sailor or Sailors as aforesaid, except the Master or Owner of such Ship or Vessel to whom such Sailors belongs, have given under his hand to discharge the same; Any Law, Use or Custom to the contrary notwithstanding. SALT. UPon Information given to this Court of great damage accrueing, both to Merchants and others, by reason no meet persons are appointed for to measure Salt from such Ships as arrive in our several Harbours; This Court doth therefore Order and Enact; That there shall be in every Maritime Town, within this Jurisdiction, one meet person appointed by the Town from time to time, who shall diligently attend this service, upon due notice given by either party concerned therein; S●lt to be measured and the same truly and faithfully to discharge, for which he shall be allowed three half pence for every Hogshead, the one half to be paid by the Buyer and the other half by the Seller; And what Masters of Ships or other Vessels, or Merchants, shall fail in the observation of this Order, he or they shall forfeit to the Country two shillings for every Tun so disposed of, unless the parties shall otherwise agree. SALTPETRE. Whereas this Court hath Encouraged and Authorized some Persons to make Gunpowder, and have promised to enable them thereunto, by such Public and Necessary Orders as may conduce to the effecting the same; The consideration whereof hath moved the Court hereby to Order and Enact, Select-men to make Orders with penalty to propagate Salt-Peeter, etc. That the Select-men of every Town (where the Powder-makers Authorized by this Court shall desire it) be Authorized and Required hereby to make and execute such Orders in their respective Towns as they shall judgde meet (with the advice of skilful persons) for increasing and procuring of Salt-Peeter, and to impose such penalties as the Select-men shall see meet, not exceeding ten shillings for one offence, upon all persons that shall neglect or refuse to perform such Order or Orders for the propagating and increasing of Salt Peter in their respective Towns: And Moreover the said Select-men are further Empowered to choose and appoint an Officer or Officers, and to allow him a convenient stipend Annually for his pains out of the fines or otherwise, to look to the executing such Orders as they shall make in that behalf. And it is further Ordered; That such Select men, who shall neglect or refuse to make, and effectually Execute such necessary Orders as shall conduce to the ends aforesaid, they shall be Presented at the Court of that County, and there be fined for their neglect, at the discretion of the Court, nor exceeding five pounds for one offence; And this Law to be put in Execution forthwith after the publication thereof, and this to continue during the Court's pleasure. [1666.] Seal-Publick. IT is Ordered by this Court and the Authority thereof; That the Governor for the time being, or any other Officer to whom the custody of the Publick-Seal is committed, do affix the publick-Seal unto all Commissions for Military Officers, and to all other Commissions and Writings of public concernment, that shall issue forth from this Court or the Council without paying any thing for the Seal; And the Secretary for the time, shall write and procure the Seal to be affixed, and deliver the said Commissions and other public Instruments to the parties concerned; and for his Fees of Writing and Wax, he is allowed one shilling for every Commission or other public Instruments, to be paid by the Treasurer of the Country; And this Law to be in force, any Law, Custom or Usage to the contrary notwithstanding. [1664.] SCHOOLS. IT being one chief project of Satan to keep men from the knowledge of the Scripture, as in former times, keeping them in unknown Tongues, so in th●se latter times, by perswad●ng from the use of Tongues, that so at least the true sense and meaning of the Original might be clou●ed and corrupted with false glosses of Deceivers; to the end that Learning may not be buried in the Graves of our fore Fathers, ●n Church and Commonwealth, the Lord assisting our endeavours; Schools in towns of 50 Families It is therefore Ordered by this Court and Authority thereof; That every Town ship within this Jurisdiction, after the Lord hath increased them to the number of fifty Householders, shall then forthwith appoint one within their Towns, to teach all such Children as shall resort to him to Write and Read, how maintained whose Wages shall be paid either by the Parents or Masters of such Children, or by the Inhabitants in general, by way of supply, as the major part of those that Order the prudentials of the Town shall appoint; Provided that those which send their Children be not oppressed by paying much more than they can have them taught for in other Towns. Grammar school 2. And it is further Ordered, That where any Town shall increase to the number of one hundred Families or Householders, they shall set up a Grammar School, the Master thereof being able to Instruct Youth so far as they may be fitted for the University: And if any Town neglect the performance hereof above one year, Towns neglect, to pay ●●ll per Annum to the next School than every such Town shall pay five pounds per Annum to the next such School, till they shall perform this Order. 3. Forasmuch as it greatly concerns the welfare of this Country, that the Youth thereof the Educated, A. 54. p. 1. not only in good Litterature, but in sound Doctrine; Retrodox School Master not to be allowed This Court doth therefore commend it to the serious consideration, and special care of our Overseers of the College, and the Select men in the several Towns, not to admit or suffer any such to be continued in the Office or Place of Teaching, Educating or Instructing Youth or Children, in the College or Schools, that have manifested themselves unfound in the Faith, or scandalous in their Lives, and have not given satisfaction according to the Rules of Christ. Whereas the Law requires every Town consisting of one hundred Families or upwards to set up a Grammar School and appoint a Master thereof, able to instruct Youth, so as to fit them for the College; and upon neglect thereof the said Town is to pay five pounds per Annum to the next Latin School, until they shall perform that Order; A Grammar School to be Towns of 100 Families The Court upon weighty Reasons judge meet to Declare and Order; That every Town of one Hundred Families and upwards, that shall neglect or omit to keep a Grammar School, as is provided in that Law, such Towns shall pay ten pounds per Annum unto the next Town School that is settled according to that Law. [1671.] SELF-MURDER. THis Court considering how far Satan doth prevail upon several persons within this Jurisdiction, to make away themselves, judgeth that God calls them to bear testimony against such wicked and unnatural practices, that others may be deterred therefrom; Self murders denied ordinary burials Do therefore Order, That from henceforth, if any person Inhabitant or Stranger, shall at any time be found by any Jury to lay violent hands on themselves, or be wilfully guilty of their own Death, every such person shall be denied the privilege of being Buried in the Common Burying place of Christians, but shall be Buried in some Common Highway where the Select-men of the Town where such person did inhabit shall appoint, and a Cartload of Stones laid upon the Grave as a Brand of Infamy, and as a warning to others to beware of the like Damnable practices. [1660] SHEEP. Whereas the keeping of Sheep tends much to the benefit of the Country, and may in short time make good supply towards the clothing of the Inhabitants if carefully preserved; L. 2. p. 14. and forasmuch as all places are not fit and convenient for that end; Liberty to keep Sheep on all Commons It is Ordered by this Court; That henceforth it shall be lawful for any man to keep Sheep on any Common, be it for Cows, Oxen or otherwise, belonging to the Town where he lives, or where at that time he may have Right of Common and that without limitation, Five sheep for one Cow in Commons not stinted, and in such Commons that are stinted, it shall be lawful for any Inhabitant to use any or all his proportion of Common for Sheep, accounting five Sheep for one Cow, Steer or Ox; and further, it shall be lawful for the Select-men of every Town from time to time, A. 56. p. 12. to make such Orders in their respective Towns, Select-men to Order clearing of Commons for sheep's pasture for the clearing of their Commons of Wood and Brush, for keeping of Sheep, as also for the fines of putting Rams to their Flocks, as they shall judge meet. 2. It is further Ordered; That if any man shall coarse Sheep with a Dog, or otherwise molest them, by driving them from their feeding, he shall pay five shillings for every such offence, Dogs killing sheep to be hanged besides double damages, and if any dog shall kill any sheep, the Owner shall either hang such dog, or pay double damages for the sheep, and if any dog hath been seen to course or by't Sheep before, not being set on, and his Owner hath had notice thereof, than he shall both hang his dog, and pay for such Sheep as he shall either by't or kill; And if in such case he shall refuse to hang his dog, than the Constable of the Town upon notice thereof, shall forthwith cause it to be done. 3. It is further Ordered; A. 53. p. 18. That all Owners of Sheep, who shall put their Wool so sale, sheep to be washed before shorn, shall, and hereby are enjoined yearly to wash their Sheep in clear water, not being either salt, brackish or dirty, and shall take care they be not kept in dirty or sandy Ground, wool to be made up clean between the time of washing and shearing; And in making up the Fleeces to take care no short Locks, Lumps of dirt, or course Tails be wound up therein, upon the penalty of forfeiture of twelve pence a Sheep for all and every defect aforesaid. [1648, 53, 56.] Ships, Ship-Carpenters. Whereas the building of Ships is a business of great Importance for the Common good, and therefore suitable care ought to be taken, that it be well performed, according to the commendable course of England and other places; Surveyors appointed to view all ships in building It is therefore Ordered by this Court and the Authority thereof; That when any Ship is to be Built within this Jurisdiction, or any Vessel above thirty Tunns, the Owner, or Builder in his absence, shall before they begin to Plank, repair to the Governor or Deputy Governor, or any two Magistrates, upon the penalty of ten pounds, who shall appoint some able man to survey the Work and Workmen from time to time, as is usual in England, and the same so appointed, shall have such liberty and power as belongs to his Office. Their power And if any Ship-Carpenter shall not upon his Advice, Reform and Amend any thing which he shall find to be amiss, then upon complaint to the Governor, or Deputy Governor, or any two Magistrates, they shall appoint two of the most sufficient Ship-Carpenters of this Jurisdiction, and shall Authorise them from time to time, as need shall require, to take view of every such Ship and all works thereto belonging, and to see that it be performed and carried on according to the Rules of their Art. And for this end an Oath shall be Administered to them, Oath to be faithful and indifferent between the Owner and the Workman, and their charges shall be born by such as shall be found in default: Clarges And those Viewers shall have power to cause any bad Timbers, or other insufficient Work or Materials to be taken out and amended at the charge of them through whose default it grows. [1641, 47.] 2. It is Ordered by the Authority of this Court; That all Ships which come for Trading only from other parts, shall have free access into our Harbours, and quiet Riding there, Repealed. and free liberty to departed without any molestation by us, they paying all such duties and charges required by Law in the Country, as others do. [1645.] THis Court having perused and considered the Letter received from his Majesty's most Honourable Privy Council, dated the 24 of June last, relating to an Act of Parliament, Entitled, An Act for the Encouraging and Increasing of Shipping and Navigation; As an Addition and Explanation of former Orders made by this Court concerning these Affairs; Officers Authorized about shipping It is hereby Ordered and Enacted; That the several Officers hereafter mentioned, are hereby Deputed and Authorized to see that the said Act be performed, so far as it concerns the Government of this Plantation, both in seizing Ships or Vessels inhibibited by the said Act to Trade here, taking Bonds of all Ships and Vessels that Lads in our Ports any Commodities expressed in the said Act, of the Growth, Product or Manusactory of the English Plantations, who shall not produce certificate that they have given Bond already as the said Act requireth. And in case of neglects or contempt, to seize such Vessels or Ships that Lads the aforesaid Goods without giving Bond or showing Certificates: and to keep accounts of all such Ships and Vessels, with the Names of the Masters, that Lads here as aforesaid, and return an account twice every year, with Copies of the said Bonds and Certificates unto the Governor for the time being, by him to be transmitted to London, directed to the chief Officer there. The Officers appointed are as followeth; For the Ports of Boston and Charlstown, Mr. Edward Rawson. Their Names For Salem, Marble-head and Gloucester, Mr. Hilliard Veren. For the River of Pascataqua and Isle of Shoals, and Ports adjacent, Captain Brian Pendleton. The Fees they are Authorized to take of every Shipmaster, are For taking Bond, and Transcribing the Copy five shillings. For Receiving and Entering a Certificate, And F●e● two shillings six pence. For giving Certificate, and Recording it, two shillings six pence; Their part of seizures as the said Act directeth. And that all employed in this trust, do from time to time make return of all Bonds and Certificates by them passed to Mr. Rawson, who by the Governors' Advice shall make return thereof for England, as the Act of Parliament requireth: Bonds of Ship-Masters, etc. And that Mr Rawson do from time to time present the Council of this Common-weal, or in default thereof the Court of Assistants, with true Accounts of all Bonds and Certificates, and Copies of all Letters that he shall send for England, in any wise referring to this matter. Moreover it is Ordered; That the Secretary take special care forthwith to send by the first opportunity four Copies of the Councils, and one of the Copies of the Act of Parliament relating thereunto, to the four General Governments of New-England, viz. Plymouth, Connecticot, New-Haven, and Road Island. [1663.] Penalty for drinking healths etc. in ships or vessels BE it also Enacted by the Authority of this Court; That no Masters of Ships, or Seamen, having their Vessels Riding within any of our Harbours in this Jurisdiction, shall presume to Drink Healths, or suffer any Healths to be drunk within their Vessels by day or night, or to shoot off any Gun after the Daylight is past, or on the Sabbath-day, on penalty for every Health twenty shillings, and for every Gun so shot twenty shillings. And the Captain of the Castle is hereby enjoined to give notice of this Order to all Ships that pass by the Castle. [1663.] IT is Ordered by this Court and the Authority thereof; That all Ships and Vessels above Twenty Tuns, that Trade within our Ports belonging to other places; Ships of Burden to pay half a pound of Powder the Tun or that the greater part of the Owners thereof, are not Inhabitants of this Jurisdiction, shall pay half a pound of Gun powder, or the full value thereof in money, for every Tun of Burden they are of, every Voyage they make hither, towards Provisions for Public Fortifications, which is to be paid to the persons hereafter named, or to whom they shall Depute under their hands. For the Ports of Boston and Charls-town Major General Leveret. For Salem and Marble-head, Major William Hauthorn. For Pascataqua River, Mr. Richard Cutts. And in case if Master or Commander of any such Ships or Vessels shall refuse upon Demand to pay the same, it shall be lawful for the said Gentlemen, or any one of them to send forth their Warrants to any Marshal or Constable, to Distrein upon the Goods of such Master or Commander, or on any of the Appurtinencies of their Vessels for the same, with the charges thereof; And the Gentlemen appointed as aforesaid, shall be accountable to the General Court when called thereunto, for what they shall receive by virtue of this Order, and are to deliver the Powder or Money they have in their Hands once every year or oftener unto the Surveyor General, excepting one shilling out of every twenty shillings they shall receive, which shall be allowed them for Defraying their necessary charges thereabout. [1667.] TO prevent Calumny, Reproach and Prejudice to this Colony and the Inhabitants, and Trade thereof; All trade 〈…〉 It is Ordered; That no person shall henceforth Trade or Truck with any Vessel that shall Arrive upon our Coast, until the same shall come under command, and ride in our usual Harbours, and have acknowledged the Government as the Law provides, upon the penalties of all such Goods Traded, and such further punishment as the Court of Assistants shall adjudge. [1670.] SPINNING. THis Court taking into serious Consideration the present straits and necessities of the Country, in respect of Clothing, A. 55. p. 11. which is not like to be so plentifully supplied from foreign parts as in times past, and not knowing any better way or means conducible to ou● subsistence, than the improving of as many hands as may be in Spinning Wool, Cotton, Flax, etc. Select men to appoint how much each sa●nily mall Sp●● Doth therefore Order, and be it Ordered by the Authority of this Court; That all hands not necessarily employed on other occasions, as Women, Girls and Boys; shall and hereby are enjoined to Spin according to their skill and ability; and that the Select men in every Town do consider the condition and capacity of every family, and accordingly do assess them at one or more Spinners; And because several Families are necessarily employed the greatest part of their time in other business, yet if opportunities were attended, s●me time might be spared, at least by some of them for this work; The said Select Men shall therefore Assess such Families at half and quarter Spinners, according to their capacities. And every one thus aforesaid, for a whole Spinner, shall for time to come, Spin every Year for thirty Weeks, three pound a Week of Linen, Cotton or Woollen, and so proportionably for half and quarter Spinners, under the penalty of twelve pence a pound short. And the Select Men shall take special care for the Execution of the Order, which may easily be effected by dividing their several Towns into ten, six, five, etc. parts, and to appoint one of the ten, six or five, etc. to take an account of their Divisions, and to certify the Select Men, if any be defective in what they are Assessed, who shall improve the penalties imposed on such as are negligent, for the encouragement of those that are diligent in this work, [1655.] STRAYS. Einders of goods to give notice to the Const. to cry IT is Ordered by this Court and the Authority thereof; That whosoever shall take up any Stray Beast, or find any Goods lost, whereof the Owner is not known, he shall give notice thereof to the Constable of the same Town, within six days, who shall enter the same in a Book, and take Order that it be cried at their next Lecture or General Town-meeting, upon three several days; And if it be above twenty shillings value, at the next Market or two next Towns public Meetings where no Market is within ten miles, upon pain that the party so finding, and the said Constable having such notice and failing to do as is here appointed, to forfeit either of them for such default, one third y●●t of the value of such Stray or lost Goods: Einders to opprize & Record lost goods And if the finder shall not give notice as aforesaid, within one Month, or if he keep it more than three Months and shall not apprise it by indifferent men, and also Record it with the Recorder of the County Court where it is found, he shall then forfeit the full value thereof: Restore the goods if the Owner appear in a year And if the Owner appeareth within one Year after such Publication, he shall have restitution of the same, or the value thereof, paying all necessary charges, and to the Constable for his care and pains, as one of the next Magistrates, or the three Commissioners of the Town shall adjudge. And if no Owner appear within the time prefixed, the said Stray or lost Goods shall be to the use of the finder, paying to the Constable ten shillings, or the fifth part of the value of such Stray or lost Goods, at the finders choice. And it is Ordered; That every such finder shall put and keep from time time a With or Wreathe about the neck of every such Stray Beast within one Month after such finding, Stray beast to have a With about the neck upon penalty of losing all his charges that shall arise about it afterwards, (provided that no person shall from the first of April to the twentieth of December, take up any Hearse Gelding or Mare for a Stray, or account or use them as Strays, though the Owner thereof be not known; Taking off the With, or taking away the beast forfeit the value unless it be taken Damage feizant in enclosures) Provided also, that if any Owner or other, shall take off such With or Wreathe, or take away such Beast before he hath discharged according to this Order, he shall forfeit the full value of the thing (apprized as aforesaid) to the use of the finder. [1647.] AS an Addition and Explanation of the Law tit. Strays; This Court finding that several inconveniences and troubles do arise about Strays, Chattel and Horses, etc. and that the temptation may be too great on some persons in remote Towns and Farms, Addition to the Law of Strays. to take up Chattel, etc. and make Strays of them, the whole benefit redounding to themselves; ‛ This Court doth Order for the time to come, That all Strays shall be first cried in that Town of which they have the Brand-mark; To be cried in the Town on which they have the Brand mark And that all such Strays and other lost Goods contained in the said Law, shall be entered with the County Recorder in each County, and by him transfered to the Country Treasurer within one Month; To be entered with the It C●●der of the C●●●ty H●lf to the Country & the other halt to the Finder and in case the said Goods and Strays are not owned within one year, as is therein expressed, than the one half, or the value of one half shall be to the use of the Country, and the other half to the finder, the charges being first paid out of the whole. [1666.] STRANGERS. Whereas we are credibly informed that great mischiefs have been done to other Plantations by reason of Commanders, Soldiers, A. 51. p. 7. and other Strangers; To prevent the like in this Jurisdiction; It is Ordered by this Court and Authority thereof, That henceforth all Strangers of what quality soever, above the age of sixteen years, Strangers Arriving to be brought before the Governor Arriving in any Ports or Parts of this Jurisdiction, in any Ship or Vessel, shall immediately be brought before the Governor, Deputy Governor, or two other Magistrates, by the Master or Mate of the said Ship or Vessel, upon penalty of twenty pounds for default thereof, there to give an account of their occasions and business in this Country, whereby satisfaction may be given, and Order taken with such Strangers as the said Governor, Deputy Governor, two Magistrates, or the next County Court shall see meet, who shall keep a Record of the Names and Qualities of all such Strangers, to be returned to the next General Court. And for the Publications of this Order; Captain of the Castle to give notice of this Order It is Ordered, the same to be Posted upon the Doors or Posts of the Meeting-houses and other public places in all the Port Towns of this Jurisdiction: And the Captain of the Castle shall make known this Order to every Ship or Vessel as it passeth by, and the Constable of every Port Town shall endeavour to do the like to such Ships or Vessels before they Land their Passengers. [1651.] And if any Strangers, or People of other Nations, L. 1. p. 23. professing the true Christian Religion, shall fly to us from the Tyranny or Oppression of their Persecutors, or from Famine, Strangers to be succoured Wars or the like necessary and compulsory Cause, they shall be entertained and succoured amongst us according to that power and prudence God shall give us. [1641.] Every person within this Jurisdiction, whether Inhabitant or Str●●ger, shall enjoy the same Law and Justice that is general for this Jurisdiction, L. 2. p. 32. which we constitute and execute one towards another in all cases proper to our cognizance, without partiality or delay. [1641.] Strangers to have equal Justice No Town or person shall receive any Stranger Resorting hither with intent to Reside in this Jurisdiction, nor shall allow any Lot or Habitation to any, or entertain any such above three Weeks, except such person shall have allowance under the hand of some one Magistrace, upon pain of every Town that shall give or sell any Lot or Habitation to any not so Licenced such fine to the Country as the County Court shall impose, not exceeding fifty pounds, nor less than ten pounds; And of every person receiving any such for longer time than is hereby allowed, except in case of entertainment of friends resorting from other parts of this Country in amity with us, No Town or per son to entertain strangers without allowance to forfeit as aforesaid, not exceeding twenty pounds, nor less than four pounds; and for every Month after so offending shall forfeit as aforesaid, not exceeding ten pounds, nor less than forty shillings. And every Constable shall inform the Courts of all newcomers, which they know to be admitted without Licence from time to time. Finable [1637, 38, 47.] Sureties and Goods Attached. UPon Information of some inconveniencies accrueing to several persons, in that men take themselves acquitted and free from all legal observations in case of appearance in Courts, L. 1. p. 15. according to the express terms of the Bond, or at most if the Principal there stay till Verdict and ●udgement be given (which if they be) they may then make away their Estates, or absent their persons before the 'ttwere hours be expired for granting I Execution, whereby the party recovering may either be deprived of, or much damaged in his just Rights; Not discharged till Judgement be satisfied It is therefore Ordered by this Court and the Authority thereof; That henceforth all Goods Attached upon any Action, shall not be released upon the appearance of the party, or Judgement given, but shall stand engaged until the Judgement, or the Execution gramed upon the said Judgement be discharged: Nor shall any Surety or Sureties for appearance in any Court, except in Capital or Criminal Cases, be released from his or their Lond until the Execution as aforesaid be discharged and satisfied, or the person de livered to the Marshal or the Principal Person be surrendered into the hands of the Marshal or his Deputy, who shall secure him till the Judgement be discharged, any Law, Custom or Usage to the Contrary notwithstanding. Provided always, That henceforth in all Civil proceed (except in cases where the Defendant is a Stranger) where Execution is not taken out and Executed within one Month after that Judgement is granted, Goods & persons Attached one month after Judgement released all such Attachments, whether on persons or Estates, with Sureties, shall be released and void in Law; any Law, Usage or Custom to the contrary notwithstanding: unless the Court that granted the Judgement shall see cause to give further time, and respite of Execution in any particular case. Swearing and Cursing. IT is Ordered by this Court and Authority thereof; That if any person within this Jurisdiction, Swearing 10. s. shall Swear rashly or vainly by the Holy Name of God, or other Oath, he shall forfeit to the Common Treasury for every such offence ten shillings; Swearing 10 s. and it shall be in the power of any Magistrate, by warrant to the Constable, to call such person before him, and upon sufficient proof to sentence such offender, and to give Order to leavy the fine; and if such person be not able, or shall refuse to pay the said fine, or sit in stocks he shall be committed to the Stocks, there to continue not exceeding three hours, nor less than one hour. 2. And if any person shall swear more Oaths than one at a time, L. 2. p. 14. before he remove out of the Room or Company where he so Swears, more Oaths than one 20 s. he shall then pay twenty shillings. The like penalty shall be inflicted for Profane and Wicked Cursing of any Person or Creature, and for the multiplying the same, as is appointed for profane Swearing; and in case any person so offending, by multiplying Oaths or Cursing, shall not pay his or their fines forthwith, like penalty for Cursing they shall be whipped or committed to Prison till they shall pay the same, at the discretion of the Court or Magistrate that shall have cognizance thereof. SWINE. Select-men to make Orders to prevent harms by Swine IT is Ordered by this Court and the Authority thereof; That every Town-ship within this Jurisdiction, or the Select-men thereof, are empowered and hereby required from time to time, to make Orders for preventing all harms by Swine, in Corn, Meadows, Pastures and Gardens, as also all danger to Children or elder persons in any respects by Swine, and to impose penalties according to their best discretion, and to appoint one of their Inhabitants, by Warrant under the hands of the Select-men, or the Constable where no Select-men are, to leavie such fines and penalties; A. 1658. and if any person chosen to see the Execution of this Order, shall neglect or refuse the same, he shall forfeit five pounds, the one half to the Town, the other half to the party that accepts the place, and performs his duty therein. 2. And where Towns Border each upon other, whose Orders it may be are various; Damage to be paid according to the Town Ordere where it is done Satisfaction shall be made for harms done by Swine, according to the Orders of the Town where the damage is done. But if the Swine be Ringed and Yoked, or otherwise, as the Orders of the Town to which they belong, doth require, then where no Fence is, or that it be insufficient, through which the Swine come to Trespass, the Owner of the Land or Fence shall bear all damages. No Fence no damage And it is hereby Declared; That all Fences made of Stone, pale, Rails, Rivers, Creeks, or any other Fences which are allowed (by such men as are appointed in the several Towns to view Fences) to be sufficient against great Cattle, A. 51. p. 4. shall be held and accounted sufficient against Swine, Fences sufficient and all Swine breaking through such Fences, shall be liable to make satisfaction for all Damages done. 3. And if any Swine be Impounded for Damage done, and there be kept three days, No owners appearing Swine to be prized and that no person will own them, than the party Damnified shall give notice to the two next Towns (where any are within five mile's Compass) that such Swine are to be fold by an Outcry, within three days after such notice by the party Damnified; and in case none will buy, he shall cause them to be Apprized by two indifferent men (one whereof shall be the Constable or one chosen by him) signified under their hands in Writing, and may keep them for his own use. And in both cases, if the Owner shall after appear, the overplus according to the said valuation (all Damages and Charges being paid) shall forthwith be rendered to him. And if any Town or Select-men shall neglect to take Order for preventing harms by Swine according to this Law, more than one Month after publication hereof, such Town or Select-men shall forfeit to the Treasury forty shillings for every Month so neglecting. [1647, 51, 58.] TILE-EARTH. IT is Ordered by this Court; That all Tile-Earth to make Sale Ware, shall be Digged before the first of the ninth Month, and turned over in the last and first Month ensueing, a Month before it be Wrought, upon pain of forfeiting one half part of all such Tiles. as shall be otherwise made, to the use of the Common Treasury. [1647.] TOBACCO. IT is Ordered by this Court; That no man shall take any Tobacco within twenty Poles of any House, or so near as may endanger the same, or near any Barn, Corn, or Haycock, as may occasion the firing thereof, upon pain of ten shillings for every such offence, besides full Recompense of all Damages done by means thereof: Nor shall any take Tobacco in any Inn or common Victual House, except in a private Room there, so as neither the Master of the said House, nor any other Guest there shall take offence thereat, which if any do, than such person shall forthwith forbear, upon pain of two shillings six pence for every such offence. And all fines incurred by this Law, the one half part shall be to the Informer, the other to the Poor of the Town where the offence is done. [1638, 47.] Tolling of Cattle. FOr the prevention of Felonious practices growing upon us, by Stealing of Horsekinde, and other Neat Cattle, and selling them as their own; It is Ordered by this Court and the Authority thereof, That there shall be a Toll-Book kept in every Town by the Clerk of the Writts, wherein all Horsekinde, and other Cattle as aforesaid, bought of any person, shall be Entered, with their Age, Colour and Marks, at the peril of the Buyer, with the Name of the Seller; and such Seller shall have two vouchers to Testify the said Seller to be the proper Owner of such Horsekinde or other Cattle so sold; or in case of Horsekinde or Cattle so sold, shall be challenged by any other person, the Vouchers in case of the escape of the Seller, shall be liable to all damages that shall arise thereupon: And the Clerk of the Writts shall have three pence of the Buyer, for entering every such Horsekinde, or Neat Cattle; And if any Horsekinde, or other Cattle as asforesaid, so bought by any person be not Tolled, nor Sellers, nor Vouchers found, upon challenge of any such Cattle, the said Buyer shall be liable to all Damages, as the Felon himself should be were he present: And any person or persons having lost any Horsekinde, or other such Cattle, shall have free liberty to search any Toll-Book in any Town, in any such case. [1668.] TOWN-SHIP. Whereas particular Towns have many things which concern only themselves and the ordering their own affairs, L. 2. p. 10. and disposing of business in their own Town; It is therefore Ordered, That the Freemen of every Town, with such others as are allowed, or the major part of them, Towns power to dispose Lands shall have power to dispose of their own Lands and Woods, with all the Privileges and Appurtenances of the said Towns, to grant Lots, and also to choose their own particular Officers, as Constables, Surveyors for the Highways, and the like Annually, or otherwise as need requires; Choose officers And to make such Laws and Constitutions as may concern the welfare of their Town; Provided they be not of a Criminal, but of a Prudential nature, and that their penalties exceed not twenty shillings for one offence, and that they be not Repugnant to the public Laws and Orders of the Country. To make Orders And if any Inhabitant shall neglect or refuse to observe them, they shall have power to leavy the appointed penalty by Distress. And if any man shall behave himself offensively at any Town-meeting, the rest then present shall have power to Sentence him for such offence, so as the penalty exceed not twenty shillings. 2. And every Town-ship hath power to choose yearly, or for less time, a convenient number of fit men to order the Planting, and prudential Affairs of their Towns, according to instruction given them in Writing, Provided nothing be done by them contrary to the Laws and Orders of the Country, To choose Select-men Provided also that the number of the Select-men be not above nine. To dispose of single persons 3. And all Towns shall take care from time to time, to Order and Dispose all single persons and inmates within their Towns, to service or otherwise, and if any be grieved at such Order or Disposal, they have liberty to Appeal to the next County Court. 4. And it is hereby Ordered and Enacted; A. 58. That all Englishmen, that are settled Inhabitants and Householders in any Town, of the age of twenty four years, and of honest and good Conversations, being Rated at eighty pounds' Estate in a single Country Rate, and that have taken the Oath of Fidelity to this Government, 1670. and no other (except Freemen) may be chosen Select men, Jurors or Constables, and have their Vote in the choice of the Select men, for the Town Affaires, Assessments of Rates and other Prudentials proper to the Town; Provided always the major part of the companies of Select-men be Freemen from time to time, that shall make a valid Act, as also where no Select-men are, to have their Vote in ordering Schools, Hearding of Cattle, laying out Highways, and Distributing Lands; Who may Vote In Towns Any Law, Use or Custom to the contrary notwithstanding. IT is Ordered; That in stead of the sum of twenty pounds in the 4. Sect. tit. Townships, it shall ●e inserted instead thereof eighty pounds; Provided this change of that s●m be not interpreted to exclude any person from the privilege granted him formerly in that Law. [1670.] 5. Whereas Complaints have been made, that many (especially in Boston) who are meet and fit to serve the Country in the Office of Constable, A. 53. p. 18. take encouragement to withdraw from that service by reason of the smallness of the fines that Towns have power to impose for such refusal; It is therefore Ordered, That henceforth it shall be lawful for the Town of Boston, to impose the fine of ten pounds; and for all other Towns, to impose the fine of five pounds upon every such person (being legally chosen in the respective Towns) that shall refuse to serve in the Office of a Constable in the Town where he is chosen, Power to fine such as refuse the Office of Constable if in his person he be able to execute it: And the Select-men of every Town are hereby empowered to Order and Require the Constables to leavy the said fines by Distress, which shall be to the use of the Town. [36, 42, 47, 53, 58.] IT is Ordered; That hereafter no Cottage or Dwelling place shall be admitted to the privilege of Commonage for Wood, Townships privilege Timber and Herbage, or any other the Privileges that lie in Common in any Town or Peculiar, but such as already are in being, or hereafter shall be Erected by the consent of the Town. [1660.] IT is Ordered by this Court and the Authority hereof, That the following Order shall be directed and sent by the Clerks of the several Shire Courts, to the Constables of the Towns within their Shire, who are enjoined faithfully to execute the same; and if upon the Return made, it doth appear that the Select men are negligent in executing the Laws therein mentioned; the Court shall proceed against them by Admonition, or fine, as the merit of the case may require, and shall also dispose of single persons, or stubborn Children or Servants to the House of Correction, according to the intent of the Law, any Law, Custom or Usage to the contrary notwithstanding. To the Constable of A. Whereas the Law published by the Honoured General Court, lib. 1. pag. 76. sect. 3. do require all Towns from time to time, to dispose of all single persons and inmates within their Towns to service, or otherwise, and in pag. 16. tit. Children and Youth; It is required of the Select-men, that they see that all Children and Youth, under Family Government, be taught to read perfectly the English Tongue, have knowledge in the Capital Laws, and be taught some Orthodox Catechism, and that they be brought up to some honest employment, profitable to themselves and the Commonwealth; and in case of neglect on the part of the Family Governors, after Admonition given them, the said Select men are required, with the help of two Magistrates, or next Court of that Shire, to take such Children or Apprentices from them, and place them forth, with such as will look more straight to them. The neglect whereof, as by sad experience from Court to Court abundantly appears, doth occasion much sin and profaneness to increase among us, to the dishonour of God, and the ensnaring of many Children and Servants, by the dissolute lives and practices of such as do live from under Family Government, and is a great discouragement to those Family Governors, who conscientiously endeavoar to bring up their Youth in all Christian nurture, as the Laws of God and this Commonwealth doth require: THese are therefore in His Majesty's Name, to require you to acquaint the Select-men of your Town, that the Court doth expect and will require, that the said Laws be accordingly attended, the prevalency of the former neglect notwithstanding: And you are also required to take a List of the Names of those young persons within the Bounds of your Town, and all adjacent Farms though out of all Town Bounds, who do live from under Family Government, viz. do not serve their Parents or Masters, as Children, Apprentices, Hired Servants, or ●o●rney-men ought to do, and usually did i●● our Nature Country, being subject to their Commands and Discipline, and the same you are to return to the next Court to be held at _____ on t●e _____ day of _____ and hereof you are to make a true Return under your hand, and not to fail. Whereas in the Law tit. Town-ships, The several Towns, and Select-men of the said Towns, have power to impose Penalties as the Law directs; And whereas many Constable's question whether it be their Duty to serve Warrants from the Select-men for Persons to appear before them, and to leavie fines: For the removal of such Doubts, as an Addition to the said Law; This Court doth Order and Require; That all Constables respectively, shall serve all Warrants from the Select-men, and leavy all such fines as shall be imposed by the said Town or Select men. [1671.] TREASURERS. To keep perfect Accounts IT is Ordered by this Court and the Authority thereof; That the Country Treasurer shall from time to time keep exact and perfect Books of Accounts; of all Transactions for the Country, and particularly of all Debts and Deuce belonging to the Country, either by Forfeits, Fines, Rates, how to disburse Gifts, Legacies, Rents, Customs, In positions or otherwise, as by Whales, Ship wracks, and things of like nature, where the Owner is not known, and the Country may claim a Privilege or Common Right unto; as also of all his payments and disbursements for the Country's use, which he shall not make but by virtue of some settled Custom, Law or Order of this Court, or by special Order of this Court, or of the Council, nor shall he make any Payment to any person indebted to the Country till such person either pay his Debt, or defaulk so much as is due to the Country. 2. And it is further Ordered; That henceforth there shall be Treasurers Annually chosen in every County by the Freemen thereof, A. 54. p. 2. who shall give in their Votes in each Town, County Treasurer, how chosen on the day of Voting for Nomination of Magistrates, which shall be sent sealed up by the same person to the Shire meeting, and there opened before the Commissioners, who shall certify the County Courts under their hands, the Name of the person chosen, Provided no Clerk or Recorder of any County Court shall be chosen Treasurer for the County. No Clerk of Court to be Treasurer And the said Treasurers, shall from time to time, keep exact and perfect Book of Accounts of all Transactions of the County, and particularly of all Debts and Deuce belonging to the County, either by Forfeits, Fines, Rates, Gifts, Legacies, Rents, Customs or otherwise, as also all his Disbursements for the Charges of the County Courts, Shire Commissioners, To pay the char●e of the County with all other peculiar charges of the County which he shall pay by Order of the County Court, except the twenty pounds due to the Major of the Regiment for the year of public exercise, which shall be paid by the Country Treasurer as heretofore. 3. And it is Ordered; That all fines arising in any County Court, or by Order of one Magistrate or Commissioners empowered in Criminal Cases, A. 58. shall from time to time be paid in to the Treasurer of that County where the Delinquent party doth dwell, All Fin●s arising in the County due to the County. except only where any person shall be taken in the manner, and immediately censured by Authority in any other County where such offence is committed. Clerk of Courts to keep Accounts 4. It is Ordered; That the Secretary of the General Court and Court of Assistants, and the Clerk or Recorder of every County Court, shall keep Books of Account, of all Deuce arising within the cognizance of the respective Courts, by Entry of Actions, Fines or otherwise; as also a true account of the Fees of the Officers and other charges of the Court, which belongs to the respective Treasurers to satisfy; To certify the Treasurer of all Deuce in 14 days and within fourteen days after the end of every Court, the said Secretary and Clerk, shall deliver to the respective Treasurers, a true Transcript of all Fines and other deuce, payable to the Country or County, Treasurer to order Mar●●al to call and the said Treasurers shall within one week after the Receipt of such Transcript, direct his Warrant to the Marshal or Constable for the levying thereof. And if any Treasurer, Secretary, Marshal or Constable, make default herein, he shall suffer the penalty of making good all Damage that shall come thereby. Treas allowance. And every Treasurer, for his pains and service, is allowed one shilling in the pound of all fines received by him, and to be free from all Country and County Rates. To give a yearly Account And all Treasurers are hereby enjoined once every year, to give an account of all their Transactions; the Country Treasurer to the General Court, or to such as the said Court shall appoint, and present the same at the Court of Election yearly. County Courts to raise Taxes to defray County charges And the County Treasurers shall likewise yearly present their Accounts to the County Courts; and if there be not enough in the Treasurer's hands to satisfy the charges of the County, the said County Court shall give Warrant to leavy the Arrears upon the whole County by Rate, to be levied upon each Town and Person (except such as are Rate-free) in proportion with the County Rate next before going, to be collected by the Constables of each Town, who are hereby enjoined to attend the same. [1648, 54, 57, 58.] Whereas the Law tit. Treasurers, doth not so fully explain itself, as is intended; in order to the Execution of the same, in reference to County Treasurers; This Court Declare; That the same Power and Directions given to the Country Treasurer in his place, County Treas. power & duty is likewise intended to the County Treasurer in his Place and Limits: For the better discharge of his Duty, and that every Constable betrusted with the Collecting of any County Rate, which doth not within his year pay in his respective County Rate, and make up his Accounts with the Treasurer from which he had his Warrant so to do; Such Constable shall forfeit to the County forty shillings for his neglect, and be liable to clear his Accounts within two Months; and that every County Treasurer shall present the Names of such Constables as shall neglect their duty to the next County Court; And that Corn or other Goods paid in to the County Treasurers, shall be at the same prizes that this Court shall from time to time set for the Country Rate; Any Custom or Usage to the contrary notwithstanding. [1662.] TRIALS. No cause to be first brought to the Gen. Court IT is Ordered; That all causes between Party and party, shall first be tried in some Inferior 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 Trial in the same Court upon a Bill of Review. And if Justice shall not be done him upon that Trial, 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 Plaintiff and Defendant by mutual consent to choose whether they will be tried 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 Plaintiff 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 Impanelled in their room. 4. Also Children, Idiots, Distracted persons, and all that are Strangers 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 Profaneness and Irreligiousness, by reason of the Vagrant and Vagabond life of sundry persons, as well Inhabitants as Foreigners, 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 Employments, and hardening 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 wand'ring 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 find them to be such as do not give a good and satisfactory account of such their Wand'ring 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 departed 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 freedom 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 ●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 Precedent 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.] VSURY. IT is Ordered, Decreed, and by this Court Declared; That no man shall be adjudged for the mere 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 Constable's 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 levied 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 joined 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 Constable's Watches, Select-men to order Watches duly and strictly observe the charge given them by the Constables; And the Constables in every Town from time to time, are hereby enjoined to give in their charge to Watchmen, that they duly examine all Nightwalkers after ten of the clock at night (unless they be known peaceable Inhabitants) to inquire whether they are going, Constable's charge to the Watch and what their business is; and in case they give not reasonable satisfaction to the Watchmen or Constable, Nightwalkers to be secured than 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 Watchmen shall find any Inhabitant or Stranger, after ten of the clock at night, behaving themselves any ways debauchedly, or shall be in drink, the Constable shall secure them, by commitment or otherwise, till the Law be satisfied. Watch to cause lights to be put out And further, the Constable is to give the Watchmen in charge, to see all noises in the streets stilled, and lights put out (except upon necessary occasions) for the prevention of danger by fire as much as may be. And every Constable shall present to one of the next Magistrates or Commissioners, L. 1. p. 52. the Name of every person, who shall upon lawful warning refuse or neglect to Watch or Ward, Neglect of Watching forfeit 5.8. either in person, or by some other sufficient for that service, and if being convented, he cannot give a just excuse, such Magistrate or Commissioner shall grant Warrant to any Constable, to leavie five shillings of every Offender for such default, the same to be employed for the use of the Watch of the same Town. And it is the intent of this Law, that every person of able body (not excepted by Law) or of Estate sufficient to hire another, shall be liable to Watch and Ward, or to supply by some other, Who compellable to Watch when they shall be thereunto required; And if there be in the same House divers such persons, whether Sons, Servants or Sojourners, they shall all be compellable to Watch as aforesaid; Provided, that all such as live or keep Families at their Farms, being remote from any Town, shall not be compellable to Watch and Ward in Towns. [1636, 46, 52, 57] THe Court understanding there is much inequality, in that divers are freed from those Watches, whereof all do receive equal benefit, for an Explicacation of the Law concerning Constables watches; Persons exempt from Constable's Watches Do Order, the Magistrates, Deputies of this Court for the time being, Elders of Churches, the public sworn Officers of the Country, with the Commission Officers in each Trained Band, be freed from all ordinary Watches and Wards of the Constables, and no other persons, except such persons as shall have special and personal Freedom by Order of this Court; any former Grant or Custom notwithstanding. [1661.] Weights and Measures. TO the end Measures and Weights may be one and the same throughout this Jurisdiction; Standards to be provided by the Treasurer It is Ordered by the Authority of this Court; That the Country Treasurer shall provide upon the Country's charge, Weights and Measures of all sorts, for continual Standards, to be Sealed with the Country's Seal, viz. one Bushel, one half Bushel, one Peck, one half Peck, one Ale quart, one Wine pint, and half pint, one Eln, one Yard, as also a set of Brass Weights to four pound, which shall be after sixteen Ounces to the Pound, with fit Scales, and steal Beams to weigh and try withal. And the Constable of every Town within this Jurisdiction, shall within three Months after publication hereof, provide upon the Town charge, Constables to privide Standards for Towns all such Weights, at least of Lead, and also sufficient Measures as are above expressed, tried and Sized by the Country Standards, and Sealed by the said Treasurer, or his Deputy in his presence, (which shall be kept and used only for Standards for their several Towns) who is hereby Authorized to do the same, for which he shall receive from the Constable of each Town two pence for every Weight and Measure so proved, sized and sealed. And the said Constable of every Town, Sealer to be chosen by the Select men shall commit those Weights and Measures unto the custody of the Select-men of their Towns for the time being, who with the said Constable are hereby enjoined to choose one able man to be Sealer of such Weights and Measures for their own Town from time to time, and till another be chosen, which man so chosen, they shall present to the next County Court, To be sworn at the County Court there to be sworn to the faithful discharge of his duty, who shall have power to send forth his Warrants by the Constable, to all the Inhabitants of their Town to bring in all such Measures and Weights as they make any use of, in the second Month from year to year, His duty at such time and place as he shall appoint, and make a return to the Sealer in Writing of all persons so summoned; that then and there all such Weights and Measures may be proved and sealed with the Town Seal, (such as in the Order for Town Cattle) provided by the Constable at each Towns charge; who shall have for every Weight and Measure so Sealed one penny from the Owners thereof at the first Sealing. His Fees. And all such Measures and Weights as cannot be brought to their just Standard, he shall deface or destroy; and after the first sealing shall have nothing so long as they continue just with the Standard. And that none may neglect their Duty herein; It is further Ordered by the Authority aforesaid; That if any Constable, Select-men, or Sealer, do not execute this Order as to every of them appertains, they shall forfeit to the Common Treasury forty shillings for every such neglect, the space of one Month; and also that every person neglecting to bring in their Weights and Measures at the time and place appointed, they shall pay three shillings four pence for every such default, one half part whereof shall be to the Sealer, and the other half to the Common Treasury, which the Sealer shall have power to leavy by distress from time to time. [1647.] 2. This Court considering the Complaints of several Abuses, A. 55. in Measuring Corn, Board's, and Cording of Wood; Doth Order, That it shall be in the power of the Select-men of every Town, to appoint one or two, or more as need shall require, who shall be sworn faithfully and uprightly, Select-men to appoint measures of Corn etc. to Measure all such Corn, Wood or Board's, as they shall be called unto; and that no man shall be forced to receive any Corn, Wood or Board's, (except they agree thereunto) but such as is Measured by such person or persons so appointed and Sworn; the parties receiving the Corn, Wood or Board's, paying for the Measuring thereof. 1655. WHARFAGE. Rates for Wharfage IT is Ordered by this Court and the Authority thereof; That these Orders shall be observed by all such as shall bring Goods to any Wharf, and these Rates following be allowed: First, For Wood by the Tun three pence; for Timber by the Tun four pence; for Pipe-staves by the thousand nine pence; for Board's by the thousand six pence. for Merchant's Goods, whether in Cask or otherwise by the Tun, six pence; for Dry Fish by the Quintal one penny; for Corn by the Quarter one penny and a half penny; for great Cattle by the Head two pence; for Goats, Swine, or other small Cattle, except such as are sucking their Dams, by the Head a half penny; for Hay, Straw, and all such Combustible Goods, by the Load six pence; for Stones, by the Tun a penny; for Cotton Wool, by the Bag two pence; for Sugar, by the Chest three pence: Provided that Wharfage be taken only where the Wharves are made and maintained; and that Wood, Stone and weighty Goods, shall be set up an end, or laid seven foot from the side of the Wharf, upon penalty of double Wharfage, and so for other Goods, and that no Goods lie on the Wharf above forty eight hours without further agreement with the Wharfinger: And that it shall be lawful for the Wharfinger to take according to these Rates out of the Goods that are Landed, except they be satisfied otherwise. 2. And it is further Ordered; That none shall cast an Anchor, Graplin, or Killack, within or near the Cove at Boston, Casting Ank●r in the cove penalty. where it may endanger any other Vessels, upon penalty of ten shillings, half to the Country, half to the Wharfinger, besides paying all Damages. 3 And that it shall not be lawful for any person to cast any Dung, Draught, Dirt, or any thing to fill up the Cove, Casting in dung penalty 40 ss. or to annoy the Neighbours, upon penalty of forty shillings, the one half to the Country, the other half to the Wharfinger. [1647.] WILLS. Whereas it is found by experience, that some men dying, having made their Wills for the disposing of their Estates, that the said Wills are concealed, and not Proved and Recorded; L. 2. p. 16. and some others dying Intestate, no Administration is sought for, nor granted in any legal way, and yet the Wives, Children, Kindred, or some friends of the Deceased, or some others do enter upon the Lands, and possess themselves of the Goods of the said Deceased, and the same are many times sold or wasted before the Creditors to whom the Deceased was indebted knew of whom to Demand, or how to recover their just Debts; For prevention of such unjust and fraudulent deal; It is Ordered by this Court and the Authority thereof; That if any Executor Nominated in any Will, and knowing thereof, shall not at the next Court of the County, which shall be above thirty days, after the decease of the party, make Probate of any Will of any deceased party, Will to be proved next Court or shall not cause the same to be Recorded, by the Recorder or Clerk of that County Court where the deceased party last dwelled, or if any person whatsoever, shall not within the same time take Administration of all such Goods, as he hath or shall enter upon of any Party deceased, or if any person or persons shall Alienate or Imbezel any Lands or Goods, Entering the estate without Administration obtained before they have Proved and Recorded the Will of the Deceased, or taken Administration, and brought in a true Inventory of all the known Lands, Goods and Debts of the deceased; every such person so Administering or Executing, Liable to pay all Debts. shall be Liable to be Sued, and shall be bound to pay all such Debts respectively, as the deceased party owed, Five pound per month so 〈◊〉 proving Wills whether the estate of the deceased were sufficient for the same or not, and shall also forfeit to the Country so many sums of five pounds as shall be Months betwixt the next Court of that County, after the death of the party as aforesaid, and the proving of such Will, and Recording it, or the taking of such Administration. If Executor Renounce, the Clerk to give notice to Court And if any person shall Renounce his Executorship, or that none of the friends or kindred of the deceased party that shall die intestate, shall seek for Administration of such persons estate, than the Clerk of the writts of such Town where any such person shall die, shall within one Month after his decease, give notice to the Court of that County to which such Town doth belong, of such Renouncing of Executorship, or not seeking of Administration, that so the Court may take such Order therein as they shall think meet, Or forfeit 40 ss who shall also allow such Clerk due recompense for his pains, and if any such Clerk shall fail herein, he shall forfeit forty shillings to the Treasury for every month's default. [1649.] 2. And because many Merchants, Seamen and other Strangers, resorting resorting hither oftentimes, A. 52. P. 15 Dying and leaving their Estates undisposed of, and very difficult to be preserved in the interim from one County Court to another: It is therefore Ordered, that it shall and may be Lawful for any two Magistrates with the Recorder or Clerk of the County Court, Meeting together, to allow of any Will of any decased party, to the Executors or other persons in the Will mentioned, Two Magistrates to take probate of Wills. so as the Will be testified on the Oath of two or more Witnesses, and also to Grant Administration to the Estate of any person dying intestate within the said County, to the next of Kin, To grant Administration or to such as shall be able to secure the same for the next of Kin, and the Recorder or Clerk of the Court, shall inform the rest of the Magistrates of the County, at the next County Court, of such Will proved or Administration Granted, and shall Record the same. [1652.] 3. And it is Ordered, L. 1. P. 53. L. 2 P. 6. that when the Husband or Parents die intestate, the County Court of that Jurisdiction where the party had his last Residence, shall have Power to assign to the widow, such a part of his estate as they shall judge just and equal; County Court to divide the estate undisposed. as also to divide and assign to the Children or other Heirs their several parts and portions out of the said estate. Eldest Son a double portion Provided, the Eldest Son shall have a double Portion, and where there are no Sons, the Daughters shall inherit as Copartners, unless the Court upon Court upon just Cause alleged shall otherwise determine. [1641, 49.] WITNESSES. IT is Ordered, Decreed and by this Court Declared, that no man shall be put to Death, without the Testimony of two or three Witnesses, or that which is equivalent thereunto. [1641.] Testimonies taken before one Magistrate. 2. And it is Ordered by this Court and the Authority thereof, That any one Magistrate or Commissioner Authorized thereunto by the General Court, may take the Testimony of any person of fourteen years of age, or above; of sound understanding and reputation, in any Case, Civil or Criminal, and shall keep the same in his own hands till the Court, or deliver it to the Recorder, Witnesses to appear personally living within ten miles public Notary or Clerk of the writts, to be Recorded, that so nothing may be altered in it. Provided that where any such witness shall have his abode within ten miles of the Court, and there living and not disonabled by sickness or other infirmity, the said Testimony so taken out of Court, shall not be received or made use of in the Court, except the witnesses be also present to be further Examined about it. Provided also that in all Capital Cases, all Witnesses shall be present, wheresoever they dwell. And in Capital Cases, 3. And it is further Ordered by the Authority aforesaid, That any person Summoned to appear as a Witness in any Civil Court between party and party, Witness to have allowance for charges laid down. shall not be compellable to travail to any Court or place where he is to give his Testimony, except he who shall so Summon him shall lay down or give him satisfaction for his Travail & Expenses outward and homeward, and for such time as he shall spend in attendance in such case when he is at such Court or place, the Court shall Award due Recompense. And it is Ordered that two shillings a day shall be accounted due satisfaction to any witness for Travail and Expenses, Two shillings a day and that when the witness dwelleth within three miles and is not at charge to pass over any other Ferry then betwixt Boston & Charlstown, than one shilling six pence per diem shall be accounted sufficient, One shilling six pence a day. and if any witness after such payment or satisfaction, shall fail to appear to give his Testimony, he shall be liable to pay the party's damages upon an action of the Case. Witness not appearing to pay damage. And all Witnesses in Criminal Cases shall have suitable satisfaction paid by the Treasurer, upon Warrant from the Court or Judge before whom the Case is tried. In Criminal Cases witness to be paid by the Treasurer, and levied on the Delinquent. And for a General Rule to be observed in all Criminal Cases, both where the Fines are put in certain, and also where they are otherwise; It is further Ordered by the Authority aforesaid, that the charges of witnesses in all such Cases shall be born by the parties delinquent, and shall be added to the Fines imposed, that so the Treasurer having upon Warrant from the Court, or other Judge satisfied such Witnesses, it may be repaid him with the fine, that so the witnesses may be timely satisfied and the Country not damnified. [1647.] WOLVES. Whereas great Loss and Damage doth befall this Commonwealth by reason of Wolves, which destroy great numbers of our Cattle, notwithstanding provision formerly made by this Court for suppressing of them: A. 48. therefore for the better encouragement of any to set about a work of so great concernment; It is Ordered by this Court and the Authority thereof, that any person either English or Indian that shall kill any Wolf or Wolves, Law about Wolves. within ten miles of any Plantation in this Jurisdiction, shall have for every Wolf by him or them so killed ten shillings, paid out of the Treasury of the Country; Provided that due proof be made thereof unto the Plantation next adjoining where such Wolf or wolves were killed: And also they bring a Certificate under some Magistrate's hand, or the Constable of that place unto the Treasurer; Provided also that this Order doth intent only such Plantations as do Contribute with us to public charges, and for such Plantations upon the River of Piscataway that do not join with us to carry on public charges, they shall make payment upon their own charge. [1645.] BEsides all other Considerations and Provisions for the destruction of Wolves; It is Ordered by this Court and the Authority thereof; That every such Indian or Indians, as shall any way destroy any Wolf or Wolves, and deliver the Heads of such Wolves unto the Select men of any Township in this Jurisdiction; shall receive of such Select men, either two pounds of Powder, and eight pounds of Shot, or one pound of powder, and four pounds of shot, and five shillings in Corn or other pay, or else they shall receive of the Country Treasurer, Ten shillings a head, and no powder and shot, which such Indian shall choose; and such Select men as shall pay any Indian according to their order, shall rebate it out of their next Country Rate with the Treasurer; any Law or Custom to the contrary notwithstanding, and all Select men or others that by virtue of this Order or any other, shall make payment for any Wolves, shall cut off the Ears of all such Wolves heads, and cause them to be buried, that so none may be twice paid for. [1661.] THis Court doth Order, as an Encouragement to persons to destroy Wolves; That henceforth every person killing any Wolf, shall be allowed out of the Treasury of that County where such Wolf was Slain, Twenty shillings, and by the Town Ten shillings, and by the Country Treasurer Ten shillings; which the Constable of each Town (on the sight of the ears of such Wolves being cut off) shall pay out of the next Country Rate, which the Treasurer shall allow. [1662.] WOOD FOr the avoiding of Injuries by Carts and Boats, to Seller and Buyers of Wood; It is Ordered by this Court and the Authority thereof; That where Wood is brought to any Town or House by Boat, it shall be thus Accounted and Assized; A Boat of four Tuns shall be accounted three Loads, twelve Tuns, nine Loads, twenty Tun, fifteen Loads, six Tun, four Load and half, fourteen Tun, ten Load and half, twenty four Tun, eighteen Load, eight Tun, six Load, sixteen Tun, twelve Load, twenty eight Tun, twenty one Load, ten Tun, seven Load and half, eighteen Tun, thirteen Load and half, thirty Tun, twenty two Load and half. Except such Wood as shall be sold by the Cord, which is and is hereby Declared, to be Eight foot in length, four scot in height, and four foot broad. [1646, 1647.] WORKMEN. BEcause the harrest of Hay, Corn, Hemp and Flax, comes usually so near together, that much l●ss can hardly be avoided; It is therefore Ordered by the Authority of this Court, That the Constables of every Town upon Requst made to them, shall Require any Artificers or handy crafts men meet to Labour, to work by the day for their Neighbours in mowing, reaping of Corn, and inning thereof,; Provided that those men whom they work for, shall duly pay them for their work; And that if any person so Required shall refuse, or the Constable neglect his Office herein, they shall Each of them pay to the use of the Poor of the Town, double so much as such Day's work comes unto; Provided no Artificer or Handy-crafts-man shall be compelled to Work as aforesaid, for others whiles he is necessarily attending on the like Business of his own. [1646.] WRECKS OF THE SEA. IT is Ordered, Decreed, and by this Court Declared; That if any Ships or other Vessels, be it Friend or Enemy, shall suffer Ship wreck upon our Coasts; there shall be no violence o● wrong offered to their Persons or Goods, but their Persons shall be Harboured and relieved, and their Goods preserved in safety, till Authority may be Certified and shall take further Order therein. Also any Whale, or such like great Fish cast upon any shore, shall be be safely kept, or improved where it cannot be kept▪ by the Town or other Proprietor of the I and, till the General Court shall take Order for the same. [1641, 1647.] WRITS. IT is Ordered by this Court and the Authority thereof, That henceforth all Writts, Process and Indictments, shall by all Magistrates, the Secretary, Clerks of the several Courts and Writts, be made and sent forth in his Majesty's Name: i. e. You are hereby Required in his Majesty's Name &: [1662.] FINIS PRESIDENTS & FORMS of things frequently Used. TO [I. B] Carpenter, of [D.] You are Required in His Majesty's Name to appear at the next Court, Summons holden at [B.] on the day of the month next ensuing; to answer the complaint of [N. C.] for with holding a debt of due upon a Board or Bill: or for two Heber's &c. sold you by him; or for work, or for a Trespass done him in his Corn or Hay by your Cattle, or for a Slander you have done him in his name, or for Striking him, or the like; And 〈◊〉 of you are not to sail at your Peril. Dated the day of the Month. [1641.] TO the Marshal or Constable of [B.] or their Deputy. Attachments. You are Required in His Majesty's Name to Attach the Goods, or for want thereof the Body of [W. F.] and to take Bond of him to the value of with sufficient Surety or Sureties for his Appearance at the next Court holden at [S.] on the day of the Month; then and there to answer the Complaint of [T. M.] for &c. as before. And so make a true Return thereof under you hand. Dated the day etc. By the Court R. F. Bond for Appearance KNow all men by these presents, that we [A. B.] of [D.] Yeoman, and [C. C.] of the same, Carpenter, do bind ourselves, our Heirs and Executors to [R. F.] Martial, or [M. O.] Constable of [D.] aforesaid, in Pounds upon condition that the said [A. B.] shall personally appear at the next Court at [S.] to answer [L. M.] in an Action of And to abide the Order of the Court therein, and not to departed without Licence. TO the Marshal or Constable of _____ You are Required in His Majesty's Name, Replevin. to Replevie three heisers of [T. P.] now distreined or impounded by [A. B,] and to deliver them to the said [T. P.] Provided he give Bond to the Value of _____ with sufficient Surety or Sureties to prosecute his Replivin at the next Court holden at [B.] and so from Court to Court till the Cause be ended; and to pay such Costs and Damages as the said [A. B.] shall by Law Recover against him; And so make a true return thereof under your hand. Dated etc. By the Court R. F Whereas upon serious Consideration, We have concluded a Confederacy with the English Celonies of Neu-Pl●mouth, and Construct, as the Bond of Nature, Reason, Religion and Respect to our Nation doth Require; Commissioners for the United Colonies, We have this Court, Chosen our Trusty and well beloved Friends, [S. B.] and [T. D.] for this Colony; for a full and complete Year, as any Occasions and Exigents may Require, and particlarly for the next meeting at [P.] And do Invest them with full Power and Authority, to Treat and Conclude of all things, Their Power according to the true Tenor and Meaning of the Articles of Confederation of the United Colinies', Concluded by the General Court held at Boston the fifteenth of May. [1672] Whereas I [A. B.] am an Inhabitant within this Jurisdiction, Considering how I stand Obliged to the King's Majesty, his Heirs and Successors, by our Charter and the Government Established thereby; Do Swear accordingly by the great and dreadful Name of the Everliving God, Oath of Fidelity. that I will bear Faith and true Allegiance to our Sovereign Lord the King, his Heirs and Successors; and that I will be True and Faithful to this Government, and accordingly yield Assistance thereunto, with my person and estate, as in equity I am bound; And will also truly endeavour to Maintain and Preserve all the Liberties and Privileges thereof, Submiting myself unto the wholesome Laws made and established by the same. And farther that I will not Piot or practice any evil against it, or consent to any that shall so do: but will timely discover and reveal the same to Lawful Authority now here established, for the speedy preventing thereof. So help me God in our Lord Jesus Christ. Whereas I [A. B.] being an Inhabitant of the Jurisdiction of the Massachusets, and now to be made free; Do hereby acknowledge myself to be subject to the Government thereof (Considering how I stand obliged to the King's Majesty, his Heirs and Successors, by our Charter and the Government established thereby: Freeman's Oaoh. Do Swear accordingly, by the Great and Dreadful Name of the Everliving GOD, that I will bear Faith and true Allegiance to our Sovereign Lord the King, his heirs and Successors,) and that I will be True and Faithful to the same, and will accordingly yield Assistance and Support thereunto with my person and estate, as in equity I am bound; And will also truly endeavour to maintain and preserve all the Liberties and privileges thereof, submitting myself to the wolesome Laws made and established by the same; And farther that I will not Plot nor Practise any Evil against it, or consent to any that shall so do, but will timely discover and reveal the same to Lawful Authority now here established, for the speedy prevention thereof. Moreover I do Solemnly bind myself in the sight of God, that when I shall be called to give my Voice touching any such matter of this State wherein Freemen are to deal, I will give my Vote and Suffrage as I shall in mine own Conscience judge best to Conduce and tend to the Public Weal of the body, without respect of persons or favour of any man. So help me God in our Lord Jesus Christ. Whereas you [R. B.] Esq. are Chosen to the place of Governor, over this Jurisdiction of the Massachusets, for this year, Governors' Oath. and till a new be Cousin and Sworn, Considering how you stand Obliged to the King's Majesty, his Heirs and Succossours, by our Charter and the Government established thereby; Do Swear accordingly by the Great and dreadful Name of the Everliving God, that you will bear Faith and true Allegiance to our Sovereign Lord the King, his Heirs and Successors; that you will in all things concerning your place according to your best power and skill, Carry and Demean yourself for the said time of your Government, according to the Laws of God, and for the Advancement of his Gospel, the Laws of this Land and the good of the people of this Jurisdiction. You shall do Justice to all men without partiality, as much as in you lieth, you shall not exceed the Limitations of a Governor in your place. So help you God, in our Lord Jesus Christ. Deputy Governors' Oath. Whereas you [J. L.] are Chosen to the place of the Deputy Governor etc. as in the Governors' Oath, mutatis mutandis. Whereas you [S. B.] are Chosen to the place of Assistant over this Jurisdiction of the Massachusets, for this year and until new be chosen and Sworn; Considering how you stand Obliged to the King's Majesty, his Heirs and Successors, by our Charter and the Government established thereby; Do Swear accordingly by the Great and dreadful Name of the Everliving God, Assistants Oath. That you will bear Faith and true Allegiance to our Sovereign Lord the King, his Heirs and Successors; That you will truly endeavour according to your best skill to carry and demean you self in your place for the said time, according to the Laws of God and of this Land, for the Advancement of the Gospel, and the good of the People of this Jurisdiction; You shall Dispense Justice equally and impartially, according to your best skill in all Cases wherein you shall Act, by Virue of your place; You shall not wittingly and willingly exceed the Limitations of your place, And all this to be understood during your abode in this Jurisdiction. So help you God in our Lord Jesus Christ. Major General's Oath. Whereas you [J. L.] have been Chosen to the Office of a Sergeant Major General, of all the Military Forces of this Jurisdiction for this present year, Considering how you stand Obliged to the King's Majesty, his Heir's and Successors by our Charter and the Government established thereby; Do Swear accordingly by the Great and dreadful Name of the Ever Living God, That you will bear Faith and true Allegiance to our Sovereign Lord the King, his Heirs and Successors; And that by your best skill and ability you will Faithfully discharge the Trust committed to you, according to the Tenor and Purport of the Commission given you by this Court. So help you God etc. Whereas you [R. R.] are Chosen Treasurer for the Jurisdiction of the Massachusets for this year and until a new be Chosen, Do promise to give out Warrants with all convenient diligence for collecting all such sums of Money as by any Court, Treasurer's Oath or otherwise have been, or shall be appointed, and to pay out the same by such sums, and in such manner as you shall be lawfully appointed by this Court, if you shall have it in your hands of the common Treasury. And to return the names of such Constables as shall be failing in their office in not collecting and bringing in to you such sums as you shall give Warrant for: And tender a true Account of all things concerning your said Office, when by the General Court you shall be called thereto. So help you God in our Lord Jesus Christ. Secretary's Oath Whereas you [E. R.] are chosen Secretary for the year ensuing; You do here Swear by the Everliving God, that you will in all things faithfully demean yourself in the said Office; That you will truly and uprightly, according to your best skill and Wisdom frame all Acts and Instruments of public concernment referring to your Office, duly observing such Directions as shall from time to time be given unto you by the General Court or Council of this Common-weal, and fairly Record, and safely keep the same: That you will not disclose the consultations of the General Court where at any time you shall have express charge of secrecy, nor of the Council where at any time you shall have like charge of secrecy: That you will without delay impart to the Governor or Deputy Governor, what ever Letter or Information shall come to your hand, referring to your Office, and of public Concernment to the Common-weal, General Court or Council; and that you will not wittingly or willingly exceed the limits of your place. So help, etc. Public Notary's Oath. YOU [W. A.] here Swear by the Name of the Everliving God; That in the Office of a Public Notary to which you have been chosen; You shall Demean yourself diligently and faithfully according to the duty of your Office; and in all Writings, Instruments and Articles that you are to give Testimony unto when you shall be required, you shall perform the same truly and sincerely according to the nature thereof, without delay or Covin. And you shall enter and keep a true Register of all such things as belong to your Office. So help you, etc. Marshal's Oath YOU [E. M.] shall diligently, faithfully, and with what speed you may, collect and gather up all such fines and sums of money, in such Goods as you can find of every person, for which you shall have Warrant so to do by the Treasurer for the time being; And with like faithfulness, speed and diligence, leavy the Goods of every person, for which you shall have Warrant so to do, by virtue of any Execution granted by the Secretary or other Clerk Authorized thereunto for the time being: And the same Goods so Collected or Levied, you shall with all convenient speed deliver in to the Treasurer, or the persons to whom the same shall belong; And you shall with like care and faithfulness ferve all Attachments directed to you which shall come to your hands, and return the same to the Court where they are returnable, at the times of the return thereof. And you shall perform, do, and execute all such lawful Commands, Directions and Warrants, as by lawful Authority here established, shall be committed to your care and charge according to your Office. All these things in the presence of the living God, you bind yourself unto by this your Oath, to perform during all the time you continue in your Office, without favour, fear, or partiality of any person. And if you meet with any case of difficulty, which you cannot resolve by yourself, you may suspend till you may have Advice from Authority: So help. etc. FOrasmuch as every Magistrate, Associate, Commissioners for small Causes, &c are under an Oath of God, and that no provision hath been made for such as are invested with Magistratical power by this Court; It is Ordered; That every man to whom such power is derived, shall henceforth take the Oath here under written before some County Court or Magistrate, before he Exert his Authority therein: Commissioners Oath Whereas you [A. B.] Appointed and Commissionated to Act and Do in sundry respects as any one Magistrate may do, as expressed in your Commission; You do here Swear by the Great and Dreadful Name of the Everliving God, that you will faithfully Demean yourself therein, with out favour or affection to any, to the best of your knowledge, according to the Laws here established: So help you God, etc. Associates Oath YOU [M. N.] being chosen Associate for the Court for this year, and till new be chosen, or other Order taken; Do here Swear, that you will do equal Right and Justice in all Cases that shall come before you, after your best skill and knowledge according to the Laws here established, So help you God, etc. Wheresoever any Three Men are deputed to end Small Causes, the Constable of the place within one Month after shall return their Names to the next Magistrate, who shall give Summons for them forthwith to appear before them; who shall administer to them this Oath: YOU [A. B.] being chosen and appointed to end small Causes not exceeding forty shillings value, Three men's Oath according to the Laws of this Jurisdiction for this year ensueing; Do here Swear by the living God, that without favour or affection, according to your best light; you will true Judgement give, and make, in all the Causes that come before you: So help you God, etc. Grand-●pnies Oath. YOU Swear by the Living God, that you will diligently inquire and faithfully Present to this Court whatsoever you know to be a breach of any Law established in this Jurisdiction according to the mind of God; And whatsoever Criminal Offences you apprehend fit to be here presented, unless some necessary and Religious tye of Conscience truly grounded upon the Word of God bind you to secrecy. And whatsoever shall be legally committed by this Court to your Judgement, you will return a true and just Verdict therein according to the Evidence given you, and the Laws Established amongst us: So help you God, etc. YOU Swear by the Living God, that in the Cause or Causes now legally to be committed to you by this Court; Petty-Juries Oath You will true Trial make, and just Verdict give therein, according to the Evidence given you, and the Laws of this Jurisdiction: So help you God, etc. Oath of Life and Death YOU Do Swear by the Great Name of Almighty God; that you will well and truly try, and true deliverance make of such Prisoners at the Bar, as you shall have in charge, according to your Evidence: So help you God, etc. Wiltnesses Oath YOU Swear by the Living God, that the Evidence you shall give to this Court concerning the Cause now in question, shall be the Truth, the whole Truth, and nothing but the Truth: So help you God, etc. Untimely Death YOU Swear by the Living God, that you will truly present the Cause and manner of the Death of [J. B.] according to Evidence, or the light of your Knowledge and Conscience: So help you God, etc. The Form of the Oath to be Administered to the Sergeant-Majors of the several Regiments, and so Mutatis Mutandis to the other Military Officers. Sergeant Major & other chief Officers Oath. Whereas you [R. S.] have been chosen to the Office of Sergeant Major of the Regiment, in the County of [M.] for this present year, and until another be chosen in your place; You do here Swear by the Living God, that by your best skill and ability, you will faithfully discharge the trust committed to you, according to such Commands and Directions as you shall from time to time, upon all occasions receive from the Sergeant Major General, by virtue of his Commission from the Court, and according to the Laws and Orders by this Court Made and Established in this behalf: So help you God, etc. Clerk of the Bands Oath YOU [R. B.] Swear truly to perform the Office of a Clerk of a Trained Band, to the utmost of your Ability or Endeavours, according to the particulars specified, (and peculiar to your Office) in the Military Laws: So help you God, etc. YOU shall faithfully Endeavour with all good Conscience, to Discharge this trust committed to you, Commissioners of the Martial Discipline Oath as you shall apprehend to Conduce most to the safety of this Common Wealth: You shall not by any sinister devices, or for any partial respects, or private ends, do any thing to the hindrance of the effects of any good and seasonable Councils: You shall appoint or remove no Officer by any partiality, or for personal respects or other prejudice, but according to the merit of the person in your apprehensions: You shall faithfully endeavour to see that Martial Discipline may be strictly upholden, not easing or burdened any, otherwise than you shall judge to be just and equal: You shall use your power over men's lives, as the last and only means, which in your best apprehensions shall be most for the public safety in such case: So help you God, etc. WHereas you [E. G.] are chosen Constable within the Town of [C.] for one year now following, and until other be sworn in the place: You do here Swear by the Name of Almighty God, Constable's Oath that you will carefully intent the preservation of the Peace, the discovery and preventing all attempts against the same: You shall duly execute all Warrants which shall be sent unto you from lawful Authority here Established, and shall faithfully execute all such Orders of Court as are committed to your care: And in all these things you shall deal seriously and faithfully while you shall be in Office, without any sinister respects of favour or displeasure: So help you God, etc. Whereas you [J. G.] are chosen an Officer for the Searching and Sealing of Leather, within the Town where you now dwell, Leather sealer's Oath for the space of a year, and till another be chosen and sworn in your room; You do here Swear by the Everliving God, that you will carefully and duly attend the Execution of your said Office with all faithfulness for the good of the Commonwealth, according to the true intent of the Laws in such case provided: So help you God, etc. Clerk of Markets Oath YOU [C. D.] here Swear by the Ever living God, that you will from time to time, faithfully execute your Office of Clerk of the Market in the Limits whereto you are appointed for the ensueing Year, and till another be chosen and sworn in your place: And that you will do therein impartially, according to the Laws here established in all things to which your Office hath relation: So help you God, etc. YOU [S. S.] do here Swear by the Ever living God, that you will to your power faithfully execute the Office of a Searcher for this year ensueing, Searchers Oath and till another be chosen and sworn in your place concerning all Goods prohibited, and in special for Gun powder, Shot, Led, and Ammunition: and that you will diligently search all Vessels, Carriages, and Persons that you shall know, suspect or be informed, are about to transport or carry any thing out of this Jurisdiction contrary to Law. And that you will impartially seize, take, and keep the same in your own Custody: one half part whereof shall be for your service in the said place, the other you shall forthwith deliver to the Treasurer: All which Goods so seized and disposed you shall certify under your hand to the Auditor General within one month from time to time: So help you God, etc. Apprizers Oath WHereas you [T. D.] are chosen Apprizer of such Land or Goods as are now to be presented to you; You do here Swear by the living God, that all partiality, prejudice and other sinister respects laid aside, you shall Apprise the same, and every part thereof, according to the true and just value thereof at this present by common account by your best judgement and conscience: So help you God, etc. WHereas you [J. B.] are chosen Viewer of Pipe-staves within the Town of [B.] You do here Swear by the Ever living God, that at all convenient times while you shall be in place, Viewers of Pipe-staves Oath when you shall be required to execute your Office, you shall diligently attend the same, and shall faithfully without any sinister respects, Try and Sort all Pipe-staves presented to you, and to make a true Entry thereof according to Law: So help you God, etc. WHereas you [A. B.] are chosen Customer for the year ensueing, You do here Swear by the Ever living God, Customer Oath that you will from time to time faithfully execute your Office to your best skill, according to the Orders of this Court, for the Custom of all such Goods as are Imported or Exported, due by Law unto the Country, and all other things belonging to your Office, and to give a true Account to the Treasurer at the end of every three Months from time to time, or when you shall by Law be thereunto required: So help you God, etc. Viewers of Fish Oath. YOU Swear, etc. That you shall Impartially view such Fish as are presented before you, and determine what part thereof is Merchantable, and which is Refuse Fish and un-Merchantable, according to your best skill, knowledge and judgement: So help you God, etc. Whereas you [A. B.] are chosen a Packer of Beef, Pork, and other things for the Town of [B.] You do here Swear by the Living God, that you will well and truly Pack all Beef, Pork, Packers Oath. and other things when you shall be thereunto required; You shall Pack no kind of Goods but such as are good and sound, nor any Goods in any Cask that is not of a just and full Gage; You shall also set your particular Mark upon all Cask Packed by you, and in all things proper to the place of a Packer, you shall faithfully discharge the same from time to time according to your best Judgement and Conscience: So help you God in our Lord Jesus Christ. [1652.] FINIS. ERRATA. PAge 1. line 8 read & May 1671. in Bondslavery l. 3. r. or shall for as. Cooper's p. 17. l. 12. r. pag. 61. l. 24. r. pag. 88 p. 40. l. 4. r. the Subscription l. 9 r. Administrators. p. 46. l. 5 r. Ministry. l. 12. r. Heterodox. l. ult. r. 1668. p. 54. sect. 2. of Fornication. l. 2. r. pag. 33. & after Punishment r. pag. 67. p. 56. l. 28. r. privilege. l. 30. r. suffrage. p. 57 l. 2. deal. made. p. 77. l. 22. r. appoint thereunto p. 84. l. 31. r. being thereof. p. 70. l. 2. r. pag. 39 p. 116. l. 1. r. relating. p. 80. l. 27. r. expressed. p. 15. for Sect. 18. r. 14. for 17. r. 16. next page r. folio 16. l. 6. r. that. p. 102. l. 21. r. 1670. p. 9 l. last but one r. Feoffees in l. ult. r. 1671. p. 73. l. 8. r. are p. 134. l. 17. r. proceed. p. 155. l. 11. r. Explication. A Summary of the LAWS foregoing Alphabetically Digested, Wherein P. standeth for Page, and S. for Section; For the right Improvement whereof, the Reader must supply the figures of some Sections in the Laws, where they are omitted: A Ability. Age. FOr persons to pass away Lands etc. Folio. p. 1. s. 1. For choosing Guardians. ibid. For Plaintiffs or Defendants. Folio. p. 2. s. 2. Who may defend the right of them that are under age. ibid. Persons of any age to answer for Crimes, etc. ibid. May inform or present any misdemeanour. ib. Actions When Tryable. Folio. p. 2. s. 1. Rules for Entry. Folio. p. 2. s. 2. No Plea or Evidence allowed after a case is committed to a Jury. Folio. p 2 s 2 Of Trespass under 40. s. Folio. p. 2. s. 3. Brought to the General Court Folio. p. 3. s. 6. Plaintiffs liberty to withdraw. Folio. p. 3. s. 7 In civil Actions every one secured from damage by non-appearance of any, See appearance, non-appearance. Folio. p 4. In involuntary Trespass, not to proceed in case, See Cattle. Folio. p. 18. s. 3 Appeal. From Inferior Courts to Courts of Assistants Folio. p. 3. s. 1. How and when to be Entered. ibid. From one Magistrate to County Courts ibid. In criminal cases how to be proceeded in ibid. From Court of Assistants to General Court in case. ibid. Execution not to be granted in case. Folio. s. 1. In matter of Law to be determined by the Bench. ibid. In matter of Fact by Bench and Iury. ibid. Recording to be paid by the Appealants Folio. p. 4. s 2 Reasons therefore to be entered six days before the Court. ibid. Not Prosecuted to effect the penalty. ibid. Who may sit as udges in such Actions. Folio. p 4. s 3 How to be proceeded in. ibid. From Associates Court in Dover & Portsm. Folio. p. 4. s. 4 From one Magistrate to County Court, see Burglary. Folio. p. 13. s. 2. From one Magistrate and Commissioners of Towns, see Causes Folio. p. 21. s. 2. From all or any the Commissioners of Boston to Court of Assistants. Folio. p. 22. s 3. By Disobedient children sentenced by a Magistrate or Commissioner, see children. Folio. p. 27. s. 2 To County Court from Select men doing damage by laying out High ways, see High ways. Folio. p. 65. s. 2. From one Magistrate to County Court, see Lying, Folio. p. 92. By Towns and Peculiars in case: see Poor Folio. p. 123. s 2. By single persons to County Court in case: See Townships. Folio. p. 148. s. 3. Appearance, Non-appearance. Not punishable in case, Folio. p 4. Not to prejudice any in civil Actions. ibid. Persons liberty not to appear on Summons in case, See Attachments. Folio. p 7. s. 2 Of a person Indicted of a Capital crime, his Goods and Estate to be seized in case, See Capital Laws, Folio. p. 16. s. 17. Apparel. Who may wear Gold, etc. Folio. p. 5. s. 1. Penalty of ten shillings on all not allowed, ibid. Further penalty. Folio. p. 6. s. 2. Arrests. Not allowed in case, Folio. p. 6. s. 1. Not against Sailors in case, see Sailors. Folio. p. 134 Associates. One may punish Breach of the Peace, See Breach of peace. Folio. p. 31. s. 1. The rules of punishment. ibid. To be allowed by the General Court, See Courts. Folio. p. 37. s. 7. With one Magistrate may keep a County Court. ibid. Their power. ibid. Have Magistratical power, See Precedents. Folio. p. 166. Their Oath. ibid. Attachments or Summons. May be taken out against any person. Folio. p. 7. s 1. Not to be granted to a Foreigner in case. ib. Of good, etc. persons to have legal notice, ibid. To be served six days before the Court. Folio. s. 2. Pleading, etc. not a bated how, ibid. To express the case, ibid. To express in what name, the Plaintiff sueth Folio. p. 8. s. 3. May be served by Marshals, Folio. s. 4. Or their Deputies, See form of Attachments in Precedents, Folio. p. 162. May be directed to Constables, see Clerks of Writts, Folio. p. 29. s. 1. Or their Deputies, see Precedents, Folio. p. 162. Not granted against Saylors, in case, see Saylors, Folio. p. 134. On Goods not freed till Execution be served, see Sureties, Folio. p. 144. Form of Attachment, and Summons, and Bond, See Precedents. Folio. p. 162. B Bakers. TO have a distinct mark for Bread. Folio. p 8. s. 1 To make Bread of due assize on penalty, ib To Assize all Bread used in their Houses on penalty. Folio. p. 9 s. 2. Ballast. Not to be taken from any shore without leave, on penalty, Folio. p. 9 Not to be cast into a channel, etc. on penalty ibid. Barratry. What and how punished. Folio. p. 9 Benevolence. When to be granted. Folio. p. 9 s. 1 To public uses to be rightly improved, ibid. Bills. Assigned good to the Assignee in case, Folio. p. 10. Pond-slavery. Not allowed, but servitude declared, Folio. p. 1● Bounds of Towns and Persons. To be laid out in twelve months after the Grant, Folio. p. 10. s. 1. Marks once in three years to be reniewed, & when, on penalty of neglect. ibid. Charges of perambulation, how to be paid, ibid. Particular Pounds to be viewed once a year on penalty. Folio. p. 10. s. 2 Brewers. What persons to be allowed Folio. p. 11 Penalty on sale of bad Beer, ibid. Breach of the Peace. What the penalty, who may punish, the rules of punishment Folio. p. 11. s. 1 Detainers of possession after Execution are breakers of the peace and Criminal offender's Folio. s. 2 To be punished by the Court that gave Judgement ibid. Bridges. Defective, by whom to be regulated Folio. p. 12. s. 1 By whom the charge to be defrayed, ibid. fee more Folio. s. 3. Burglary and Theft. What, how punished Folio. p 12 s 1 On the Lord's day how punished ibid. In Orchards etc. how punished Folio. p 13 s 2 Stealing ●0 s. and upward how punished, Folio. s 3 Concealers of Theft, and taking private satisfaction, the penalty ibid. C Capital Laws. SEE Folio. p 14, 15 Firing a Dwelling House etc. see firing Folio. p 51 s 2 Heresy Folio. p 60 s 2 Quakers Folio. p 61 s 9 Jesuits Folio. p 67 Cask and Cooper, Gager, Packer. Cask That are tied to be of London assize Folio. p 16 s 1 Cask To be marked with the Gagers mark ibid. Cask That are defective, forfeited to the informer ibid. Cask Penalty to the Country besides ibid. Cooper's To have a distinct Brand-mark on penalty ibid. Cooper's To make all cask of good Timber etc. and no other on penalty ib. Gager To Gage all cask for Liquor, Beef, etc. and no other on penalty ibid. Gager His Fees for Gauging. ibid. Packers To pack no Beef, etc. but in cask of full assize on penalty. ibid. Packers To see Meat & Fish truly packed, Folio. s 2 Packers His Fees for Packing ibid. p 17 Packers For viewing ibid. Packers Fishor Flesh sold not marked forfeited ibid. Coopersstaves, See Pipestaves Cattle, Cornfields, Fences. Cattle that feed without a Keeper, to be Branded Folio. p 18 s 3 Not marked trespassing to pay double damage ibid. Unruly, not to go without Fetters ibid. Trespassing, damage to be viewed by two of the Town and judged ibid. Owners when known to pay the damage, Rules to issue such damage, the damage secured, ibid. Goats Found damage feizant to be secured ibid. Doing trespass to any through their own default, no damage to be paid ibid. All harms by them, the Owners to pay double damage Folio. p 18 s 4 Cornfields. Lying in common, to be fenced by the owner's Folio. p 17 s 1 No Cattle to be put in while Corn there ibid. Who may determine differences about them ib Any Occupier may Fence in several Folio. s 2 Partition Fences how to be made and ordered Folio. p 19 s 7 Proviso for House-Lot under ten Acres ibid. Where insufficient, no damage except etc. ibid. & Folio. p 20. S 8 Cattle. Damaging Indians Corn, to be made good in case See Indians Folio. p 76 s 7 Damage by Indians to be made good by them, ibid. p 77 Indians refusing to Fence, help being tendered them, shall have no damage ibid. Indians who have Land given them or Purchased by them for Plantation, to be fenced at their own charge ibid. Charges Public. No person to be employed in public service at their own charge Folio. p 22 s 1 Every Inhabitant to bear public charge in Church and Common-weal Folio. s 2 Any not paying their full proportion, compellable thereunto ibid. Country Rates Lands and Estates Ratable where they lie, persons where they dwell ibid. To be levied by Warrant from the Treasurer Folio. P 23 S 3 To be made in the sixth month ibid. Who and what is ratable ibid. Rules for Assessments ibid. To be paid where persons are Assessed ibid. To be paid in Corn at price set by the General Court, or Commissioners mentioned, Folio. p 4 s 6 What is meant by publs. assessment, ibid. p 25 Goods tendered for pay, to be prized on the place, if not determined by Law Folio. p 26 s 6 Ministers Ordained, free from all Taxes except, etc. Folio. p 26 s 7 Children & Youth. Youth, under 21 years of age, being trusted by any, without order in writing, such persons shall lose their Debt Folio. p ●7 S 4. Incurring any penalties, such as are occasions thereof shall pay it ibid. Children: Orphans in minority, not to be disposed off but by Authority, except in Marriage Folio. p 28 s 6 The minority of women in case of Marriage ibid. Under 14 years of age profaning the Sabbath, how punished, See Sabbath Folio. p 132 s 2 Surgeons, Midwives, Physicians. Not to use any violence or force in their practice in any case, without consent Folio. P 28 Clerk of the Writts, Clerks To keep Records of the Towns Brand-mark See Cornfields Folio. p 18 s 3 To grant Summons & Attachments, etc. see Clerk of Writts' P 29 s 1 His fees ibid. To Record Horses shipped off, See Horses Folio. s 1 His fees ibid. To Record Births, Deaths and Marriages, See Records Folio. P 129 s 2 To make a return of the same yearly to Clerks of County Courts, on penalty, ibid. To keep a Toll-book to enter all Cattle sold into, See Tolling Folio. P 147 Of Deputies To keep on file the Constable's returns of Deputies, See Deputies Folio. P 41 S 5 To receive fees for entry of Petitions: See Petitions Folio. P 121 To give account of Petitions entered to the Deputies, which shall be allowed as part of his Salary ibid. Of Courts. To return Reasons of Appeal to the Court of Assistants, See Appeal Folio. p 4 s 2 To sign Warrant for Executions in cases civil or criminal, see condemned Folio. p 30 s 2 To enter all Grants, Sales, etc. see Conveyances Folio. p 33 s 5 To signify to Country or County Treasurer within 14 days what fines are imposed on any, See Courts Folio. p 51 To send Warrants to Towns to choose Jurors: see jurors Folio. p 80 s 1 To grant Execution for what is unpaid on a former Execution, see Marshal Folio. S 2 To certify County Court the neglect of Clerk of Writts, see Records Folio. p 130 s 2 To Record Strays & lost goods and return to the Country Treasurer, see strays Folio. p 142 s 2 To send the Order about Children to Constables, see Townships Folio. p 149 s 7 To keep a Book of Account of Entry of Actions on penalty: see Treasurers, Folio. p 151 s 4 To inform Coun. Co. of any renouncing Excecutorship, &c on penalty, see Wills Folio. p 158 s 1 To inform County Courts of any Will proved, or Administration granted Folio. S 2 Of Trained Bands. May take Fines by Distress, by order of the Major & chief Officers, see Military Folio. p 107 s 2 To provide Arms Folio. P 109 s 8 To take the Oath belonging to his Office, & to pay a penalty on refusal Folio. s 10 His duty, see Military Folio. P 109, 110 s 10 Of Troops. To take the Oath belonging to his Office Folio. P 113 s 16 To Levy fines, & his fees ibid. When to make Distress ibid. To Levy fines for not Watching Folio. p 114 s 18 Of Markets. To take the Oath of his Office Folio. p 8 s 1 His Duty ibid. College. To be managed by Feoffees Folio. P 29 s 1 The major part of feoffs may make Orders ibid. Dispose of Gifts and Revenues ibid. The whole number may Repeal and Altar Orders ibid. May distribute the Country's allowance to Precedent and Fellows ibid. Commissioners. Of United Colonies. Their Power: see Precedents Folio. P 163 Of Shires their duty. By whom appointed, see Elections, Folio. P 47 s 3 To carry the Votes for Nomination of Magistrates to be opened at Boston ibid. The time when, and before whom to be opened ibid. To make return to the several Constables under their hands of the persons to be nominated for Magistrates ibid. Commissioner for Suffolk to appoint the place for opening the votes ibid. Commissioners of Towns. In every Town to receive & carry the votes for Nomination of Magistrates and County Treasurers to the Shire meeting, when, and how to proceed: see Elections Folio. P 47 s 3 To choose one out of themselves to carry the Votes of the Shire to Boston ibid. For making Rates. To join with the Select men in making Rates and by whom to be chosen Folio. p 23 s 3 To meet at the shire Town the first fourth day in September, with their Assessments to be examined and corrected Folio. p 24 ibid. To return to the Treasurer under their hands what is to be levied on every Town, on penalty ibid. p 24 To prize Corn for Rates. The Commissioners of Essex, Suffolk and Middlesex where the General Court doth not, to Prize Corn ibid. Commissioners of Boston. To be annually chosen, see causes Folio. p 21 s 3 The number to be chosen ibid. To be approved by the Court of Assistants, and sworn by them, or Governor, or Deputy Governour ibid. To try Causes to ten pounds, the extent of their power, their Court stated, to publish their Court days ibid. To impose fines to 40. s. Folio. p 22 s 3 May by Warrant summon any offenders to appear, and may punish as one Magist. ibid. To have a Commission under the Secretary's hand ibid. To fine persons for galloping in the Town, See Galloping Folio. p 57 May fine any not brewing Beer according to Law, See Innkeeper's Folio. p 80 s 2 to have Magistratical power, se Presid. Folio. p 166 Commiss. to try small Causes in Towns. To be chosen by Court of Assistants or County Court, see Causes, Folio. p 20. s. 1. their power ibid. to take an Oath, see Precedents, Folio. p 166 May punish breach of the Peace, see breach of the peace Folio. p 11 s 1 May punish unruly Children, see Childr. Folio. 27.2 May punish any entertaining such Childr. Folio. s 3 Every Commissioner on Oath. May dispose of Cards and Dice brought in involuntarily, see Gaming Folio. p 58 s 4 May punish Gamesters by fine or corporal punishment ibid. May punish or fine a drunken Indian, see Indians Folio. s 11 May punish any that are drunk, see Innkeeper's Folio. p 81 s 5 May punish wanton & rude singing in public houses Folio. s 17 May punish any found in public houses after prohibition of Select men Folio. s 19 To keep Records of Judgements given against any person, see Records Folio. p 129 s 1 May punish prophaners of the Sabbath, see Sabbath Folio. p 132 s 1 May punish any drinking in Ordinaries after Sun set Folio. s 2 May punish any neglecting to watch, see Watch's Folio. p 154 s 1 May take the testimony of any of 14 years of age, see Witnesses Folio. p 158 s 2 A Commissioners Court. May punish any Retailer of strong-waters, or private housekeeper, for permitting any to tipple, See Innkeeper's Folio. p 81. s 7. p 82 s 8 No Commissioner may give counsel in case See Counsel Folio. p 34 None to be allowed Commissioner in any Town but such as are approved, see Causes Folio. p 22 s 4 Commissioners of Indians. Authorized may issue Cases among them●●●●●●●●e Magistrate, and to have Officers to execute Commands and Warrants See Indians Folio. p 77 s 9 With one Magistrate, have the power of a Country Court ibid. Condemned. No person to suffer within 6 days after judgement but in special cases Folio. p 30 s 1 Not to be unburied 12 hours except for Anatomy ibid. Constable his Office & Duty. By Warrant to impress Workmen, See Bridges Folio. p 12 s 1 To levy fines granted by a Magistrate to 40 s See Burglary, Folio. p 13 s 2 To return to County Courts what fines received ibid. By warrant to search for stolen goods and apprehend any suspicious person Folio. s 3 To present the Gager to take Oath within a month on penalty, See Ca●k Folio. p 16 s 1 To levy fines by warrant from Select-men, See Cattle Folio. p 19 s 6 To serve Warrants or Attachments tryable before a Magistrate, See Causes, Folio. p 20 s 1 To obey the Warrants of three Commissioners in Towns ibid. To obey and assist the Commissioners of Boston Folio. s 3 To warn Freemen to choose a Commissioner in making Rates, see Charges Public, Folio. p 23 s 3 To collect Country Rates, and pay to the Treasurer's Order ibid. To clear their accounts with the Treasurer on penalty Folio. p 25 s 4 To Press Boats or Carts to carry in Rates, and to collect after expiration of his Office, ibid. His danger in not obeying the Treasurer's Warrant ibid. To levy Rates on stranger's Folio. s 5 To inform of persons entertaining Youth, etc. See Children Folio. p 27 s 3 To serve Attachments, see Clerk of Writts' Folio. p 29 s 2 His Deputy may serve Attachments, See Precedents Folio. p 162 To whip any that are sentenced thereto See Constables Folio. p 31 s 1 To collect Rates by Order of Select men, ib. To convey offenders accord. to Warrant ib. To make Hue and Cry where no Magistrate is near Folio. p 31 s 3 To pursue Hue and Cry ibid. To apprehend Offenders ibid. To search for such persons on the Sabbath day, or else Folio p 31 s 4 To apprehend no person without Warrant in writing ibid. May require aid in the execution of his Office Folio p 31 s 5 To have a Black staff tipped with Brass when he executes his Office Folio p 31 s 6 Not pursuing Hue and Cry the penalty, ibid. To Summon a Jury on untimely death, See Untimely death Folio p 39 To return the names of Deputies chosen, & for what time on penalty, see Deput. Folio p 41 s 5 To levy Rates for Ministers maintenance, See Ecclesiastical Folio p 45 S 18 To receive votes for Election in case, See Elections Folio p 47 s 2 To Summon Freemen for Nomination of Magistrates, and when Folio P 47 S 3 To signify to the Freemen who are to be put to vote for Magistrates on the day of Election Folio P 48 To apprehend by Warrant deniers of Scripture, See Heresy Folio P 59 S 2 To present idle Persons before a Magistrate, See idle Persons Folio P 66 To assist the Custom Master in case, See Imposts Folio P 68 S 2 To levy by Warrant fines on any that refuse to assist the Custom Master ibid. To serve Warrants to press Workmen, See Impresses Folio P 75 S 1 To convey Indians that are found with Liquors, etc. before a Magistrate or Commissioner, See Indians Folio P 77 S 11 To commit a drunken person to Prison, or secure him in case, See Innkeeper's, Folio p 81 s 5 To inform a Magistrate or Commissioner, or Select men (where no Magistrate or Commissioners are) of such cases ibid. To return all fines received of drunken persons to the Treasurer ibid. To make search for all offenders against this Law on penalty Folio p 83 s 14 To call the Freemen to choose Jurors and return the Warrant, See Jurors Folio p 86 s 1 To Summon any person residing here from their Relation, See Marriage Folio p 101 s 4 A Constable with 2 Inhabitants where no Magistrate is, may Press Men & Boats to pursue Persons, See Master's Folio p 104 s 3 To inquire after Wheat, etc. landed and put to sale from foreign parts, See Malt Folio p 106 s 2 To carry a Soldier before a Magistrate being required thereto by the chief Officers, See Military Folio p 108 s 6 To provide Arms for Soldiers Folio p 109 s 8 To Impress Soldiers by Order Folio p 110 s 11 To levy Rates for Fortification ibid. To assist Searchers for money on penalty, See Money Folio p 119 s 3 To present Colours of Pipeslaves before a Magistrate to be sworn, See Pipestaves Folio p 122 To provide for poor persons by Order, See Poor Folio p 123 s 2 In Port Towns to signify to Merchants and Masters the Law about Powder, See Powder Folio p 126 s 1 To whip any thereunto sentenced, See Sabbath Folio p 132 s 1 To cause dogs using to course and by't sheep to be hanged in case, See sheep Folio p 138 s 2 To keep account of strays and lost goods, See Strays Folio p 142 s 1 In Port Towns to inform Masters of Ships with the Law tit. Stranger's Folio p 143. s 1 To inform of strangers received contrary to that Law ibid. To levy fines about Swine, where no Select men are see swine Folio P 145 s 1 To apprehend Swearers, see swearing Folio p 144 s 1 To apprise Swine impounded and not owned Folio P 146 s 3 To levy fines by Order of Select men, see Townships Folio P 148 s 5 To acquaint Select men with the Order about Children Folio P 149 s 8 To serve all Warrants from Select men, Folio p 150 s 9 To levy fines by Warrant from the Treasurer, see Treasurer Folio P 151 s 4 To levy County Rates ibid. To apprehend Vagabonds, with or without warrant, See Vagabonds Folio p. 153. To warn and set the watch, and give charge See watches, Folio p. 154. s. 1. To present any defective in watches to a Magistrate, ibid., To provide weights and measures see weights Folio p. 155. s. 1 To pay the Treasurer for sealing them, and to deliver them to the Select men ibid. To obey Sealer's Warrants ibid. To pay Indians for kill Wolves, see Wolves Folio p 159 s 1 To require Artificers to help in Harvest, see Workmen Folio p 16 j Conveyances, Deeds. For sale of Land or House not valid, etc. without Deed, etc. or acknowledgement before a Magistrate Folio P 32 s 1 How to be made ibid. What exempted from this Law ibid. Obtained by Dures invalid Folio s 3 Fraudulent invalid ibid. For sale of House, etc. or Mortgage of no force against any other not being acknowledged and Recorded, the granter being in possession Folio s 4 Grauntee to enter his Caution with Recorder of County Court ibid. Grauntee to be bound to Court of Assist. in case ibid. Council. In the vacancy of the General Court, are the Governor and Assistants Folio p 33 To be called by Letters from the Govern. ib. The Governor, Deputy Govern. with six Assistants may impress Soldiers ibid. In extraordinary cases as many as appear, make a valid Act ibid. Their power Folio p 34 Courts. General Courts To appoint Brand-marks to Towns, see Cattle Folio p 18 s 3 To be called by the Govern. in case, see Council Folio p 33 Superior Courts, The chief power Folio p 34 s 1 To raise Money, Taxes, and dispose of Lands ibid. To make Laws, etc. ibid. No act to pass without consent of both houses Folio p 35 s 2 The Acts of this Court to be engrossed, and read the last day of every Session ibid. Difference in cases of Judicature, Civil or Criminal how issued ibid. It only can pardon a Malefactor Folio p 35 s 4 May send forth any person into foreign parts ibid. Not to be dissolved without consent of the major part thereof ibid. S 5 To Judge of the miscarriage of any before them Folio P 36 S 6 to appoint persons to keep County Court in case Folio p. 36. s 7 To allow of Freemen to be made, see Freemen Folio P 56 S 4 To conclude a vindictive War, see Impresses Folio P 73 S 2 To appoint persons to publish the Laws to Indians, see Indians Folio P 77 S 8 To appoint persons to inspect the Indians at Natick, etc. as to their manners Folio S 9 To give Commissions to chief Military Officers, see Military Folio P 108 s 4 To appoint Searchers for Powder, see Powder Folio P 126 s 2 To punish any helping to break Prison, see Prison Folio P 128 s 4 In defect of a Law in Capital cases, etc. to judge, see privileges Folio p 1 To dispose of any Whale cast up, see wrecks at sea Folio P 161 Court of Assistants. May appoint 3 Free men in Towns to issue Causes to 40. s. see Causes Folio P 20 S 1 To approve the Commissioners of Boston, and give them an Oath Folio P 21 S 3 To be kept at Boston by the Governor or Deputy Governor and Magistrates, See Courts Folio P 36 S 7 Their Power ibid. Two Courts to be kept yearly, the time when, ib May be called out of course by Governor or Deputy Governor for trial of a Malefactor in Capital Cases ibid. To try Capital Cases ibid. May discharge from Prison Persons unable to pay fines, see fines Folio p 51 To try Quakers, see Heresy Folio P 61 S 9 to try any suspected for Jesuits, se Jesuits, Folio p 67 May order satisfaction for damage done to Cattle by Indians, see Indians Folio P 76 S 7 To issue all matters beyond the cognizance of Indian Commis. Court, see Indians Folio P 77 S 9 May approve of any married Person residing. here from their Relation, see Marriage Folio P 102 S 4. May appoint Searchers for Powder, see Powder Folio P ●26 S 2 May order and improve the Houses of Correction see Prison Folio P 127 S 2 May Punish any for helping to break Prison Folio S 4 To keep a Record of all judgements given, see Records Folio P 129 S 1 To adjudge Persons trading on the Coast in case, see Ships Folio P 141 S 6 County Courts. To manage Benevolence, See Benevolence. Folio p. 9 s. 2 May punish breach of the peace see breach of peace. Folio p. 11. s. 1, 2 To regulate defective Bridges see Bridges. Folio p. 12. s. 1 May punish any for using other men's Cattle without leave, when and how, see Cattle. Folio p. 19 s. 5, Not to receive any Action proper to one Magistrate, except in defamation & battery, see Causes. Folio p. 20. s. 1. May with the Select men place out unruly children, see children Folio p. 26. s. 1. May dispose of Orphans to service, Folio p. 28. s. 6 To approve Clerks of writts, see Clerks Folio p 29 s 1 To be kept by Magistrates in the County, or other Magistrates or such as the General Court shall appoint, see Courts Folio p 36 s 7 Their power ibid. May constitute Clerks and other Officers ib. To keep set times ibid. May set out Widows thirds in Lands, etc. see Dowries Folio p 42 s 1 To provide for Minister's maintenance, see Ecclesiastical Folio p 45 s 1● to give Grand jurors charge of enquiry of Towns neglect of providing an able Ministry Folio p 46 s 19 May discharge from Imprisonment such as are unable to pay fines, see fines Folio p 51 to appoint colours of fish upon Oath, see fish Folio p 52 s 2 to punish such as kill Mackrel before July, Folio s 5 to punish Fornication, see Fornication Folio p 54 s 1, 2 to order maintenance of a Bastard, Folio p 55 s 3 to give the Oath of Freedom to persons allowed by General Court, see Freemen Folio p 56 s 5 May punish Gamesters by fine or corporal punishment, see Gaming Folio p 58 s 4 to punish deniers of the Scriptures, see Heresy Folio p 59 s 2 to Punish maintainers of Erronius Doctrine Folio p 61 s 8 to appoint men in Towns to lay out Country Highways, see Highways Folio p 64 s 1 to order the removal of encumbrances in Highways, see Highways Folio p 65 s 3 to Punish idle Persons Folio p 66 s 2 to grant Licenses to Ordinaries, etc. See Innkeeper's Folio p 79 s 1 May punish Innkeeper's not giving account of draught of Beer, see Imposts Folio p 69 s 4 to order satisfaction for damage to Cattle by Indians, see Indians Folio p 76 s 7 to Punish Indian traders allowed, and not giving account, and making Payment to the Treasurer Folio p 78 s 12 Executions not to be granted till twelve hours after Judgement, but by special order, see Appeal Folio p 3 s 1 to Punish such as Brew not Beer according to Law Folio P 80 S 2 May Punish Retailers of strong waters and private Housekeepers, for permitting tippling in their House's Folio P 81 S 7 P 82 S 8 to give Oath to Searchers and Sealer's of Leather, see Leather Folio P 89 S 4 May approve of any married Person residing here from their Relation, see Marriage Folio P 101 S 4 May Punish Workmen taking wages above what is set in Towns by Freemen, see Master's Folio P 105 S 4 May give the Oath of Fidelity to Inhabitants and Strangers, see Oaths Folio P 120 S 2 to dispose and settle Poor Persons, see Poor Folio P 123 S 2 May appoint Searchers for Powder, see powder Folio P 126 S 2 May order and improve the House of Correction, see Prison Folio P 127 S 2 to appoint a Keeper to such House Folio s 3 May punish any helping to break Prison, s 4 to keep a Record of all Judgements given, see Records Folio P 129 s 1 May punish Clerks of Writts not making a return of Births, etc. Folio P 130. s 2 May determine punishment for defacers of Records, see Records Folio P 131 s 3 May punish Prophaners of the Sabbath, see Sabbath Folio P 132 s 1 May punish servile working on the Lord's day Folio P 134 s 4 May punish Select-men neglecting Orders for Salt-Peeter, see salt Peter Folio P. 135 May take Order about Strangers, see strangers Folio P. 143 May dispose of single Persons where Select-men neglect, see Townships Folio P 149. s 7 May levy upon the County by Warrant to satisfy Arrears, see Treasurer's Folio 151. 4. May punish Constables neglecting to gather County Rates Folio s. 5 To give Oath to Sealer's of Weights and Measures, see Weights Folio 155. 1 May Punish Executors in case, see Wills Folio 157. 1 May order Estate where no Executor or Administrator Folio 158. 2. May settle the Estate of Persons dying intestate Folio s 3 Judges related to Parties may not sit as judges in their case in any Court, see Courts Folio 38. 9 In difficult cases they may consult the General Court Folio s. 11. The time and place for County Courts 37. 7 to Punish reproachers of Courts and Magistrates Folio 36. 6. And the offences of any Members thereof, ib Counties defective Bridges, see Bridges, Folio 12. 1. Penalty if any lose life etc. by defective Bridges Folio s 2 Penalty of triple damage in case ibid. Cruelty. Not allowed Folio P 39 D Untimely Death. THe enquiry how to be proceeded in, Folio P. 39 Debts by Book. To be balanced in three years' Folio P. 40 For custom of Wines, etc. recoverable by way of Action, see Imposts Folio 68 2. Defamation. Of Courts or Magistrates punishable, see Courts Folio 35. 6. By reproachful speeches in open Court, ibid. Delinquents. Summoned by Court or Magistrate to answer a Presentment or Crime, not answering when called the penalty, see Jurors, Folio 87. 6 Deputies for the General Court. Not to proceed to Judgement in any case without an Oath, see Courts Folio 34. 1. to sit apart from the Magistrates & act, Folio 35. 2 No Deputy to departed without leave on penalty Folio 35. 3. Exemption for Deputies of Dover, etc. ibid. Miscarriages among them, to be sentenced among themselves Folio 35. 6. How to be chosen, see Deputies Folio 40. 1. Their power ibid. May order their own House Folio 40. 2. To be chosen from Court to Court, or at most but for a year Folio 41. 3. How to be qualified Folio 41. 4. Not to be absent the time of their sitting, on penalty Folio 41, 5. With the Constable may take in Proxies for Elections, see Elections Folio 47. 2. Such Proxies to be sealed up and returned to the Court of Election ibid. No Common Attorney to sit as Deputy, see Deputies Folio 41. 5. Distress. For Rates Ordered, see publs. charges Folio 25. 4. On Corn or Hay etc. to be secured on penalty, see Distress Folio p 41. Dowries. What & when to be set our to widows, Folio p 42 In case of omission, who may set it out ibid. To be enjoyed enduring widows lives ibid. Of Lands set out not to make strip & waste, ib Drovers. Their liberty Folio p 42. E Ecclesiastical. Who may gather Church's Folio 43. 1 How to be gathered ibid. To have free exercise of all Ordinances Folio s. 3 To Elect and Ordain their Officers ibid. s. 4 To admit and dismiss Members, etc. ibid. s 5 To have no humane injunctions imposed on them ibid. s. 6. May celebrate days of Fasting, etc. ibid. s. 7 The Elders of Churches may meet about Church matters ibid. s. 8. May deal with their Members under the hand of Justice ibid. s. 9 May deal with their Members of any rank Folio 44. 10 Any Church member liable to Justice, ib. s. 11 No Church censure to degrade any Officer in civil employ ibid. Private meetings of Christians allowed, Folio s. 1 2 Who may be constant Preachers and Ordained Elders. ibid. s 14 No Ordination to proceed without, notice given ibid. Open opposers of the Word etc. how to be proceeded with Folio 45.15 Penalty on disturbing the peace and order of Churches ibid. Who may call and ordain Ch. officers, Folio 46.20 Elections. Of Assistants yearly how to be determined, Folio 47.1. Of Governor, Deputy Governor, Major General, Treasurer, Secretary, Commissioners of the United Colonies how made ibid. s. 2. Of Assistants how proceeded in ibid. s. 13 Penalty of any failing in their trust, ibid. s. 3 Escheats. What and how disposed Folio p 49 F Farms. TO be of the same wherein they lie, Folio p 49. Fairs and Markets. Where and when Folio p 49 Ferries. How to be regulated Folio 50.1. No Canoe to be used there on penalty ibid. Weymouth Ferridge what ibid. When to take double Ferridge ibid. Paying no Rent to the Country to take no Ferridge of Magistrates, Deputies etc. ib. None to press into Ferry boats without leave ibid. s. 2 No Ferry to suffer any to come into his Boat in case, on penalty ibid. Who shall be first transported in Ferry boats ibid. Fees. For Entering of Actions, see Actions Folio 2.4. Additional Fees in case Folio 3 5. Of Clerk of Writts. For Warrants, Replevin, Attachment, Bond see Clerk of Writts' Folio 28.1. For Recording Horses shipped off, see horses, Folio 65.1 For Recording Marriages see marriage, Folio 101.2 Additional Fees in case ibid. For Recording Births and Deaths, see Records Folio 130. s. 2. For Tolling Cattle, see Cattle Folio p 147 Of Recorder and Clerk of County Court. For filing Evidences etc. see Records Folio 129.1. & p 130 Of Commissioners Court of Boston. See small Causes Folio 21.3. Marshals. See Marshals Folio 103. s 4, 5. Addition in case ibid. Clerks of Troops. See Military Folio 113.16. Fines. To be presently paid, secured, or person committed Folio p 51 May be respited by Courts ibid. In all Courts, or by Magistrate or Commissioners for the Country, to be notified to the Treasurer in 14 days ibid. For Galloping in Boston, what to County Treasurer, see Galloping Folio P 57 For keeping Christmas, and Gaming, see Gaming Folio P 57, 58. s 1, 2. For playing at Cards and Dice ibid. s 3. For bringing in Cards ibid. s 4 For denying the Scriptures, what to Country Treasurer, see Heresy Folio 59.2 On Masters that bring in Quakers Folio 60.4. On persons receiving Quakers ibid. For Vessels trading with Indians, see Indians Folio 75.3. For trading with Indians, to the Country, Folio s. 4 For selling Boat or Vessels to Indians, Folio 76.6. For insufficient Leather, see Leather, Folio 90. 5 s. From all persons in all cases to be paid to the Treas. of the County where the party dwells except, see Treasures Folio 151.3. Firing & Burning. Woods or Common Ground, when unlaw full, on penalty Folio 51.1. When lawful ibid. Any Frame, Timber, etc. wittingly and willingly burnt, the penalty ibid. Any of 16 years of age firing a Barn, etc. how punished ibid. s 2 A Dwelling House burnt, how to be satisfied for ibid. Fish, Fishermen. All Colours of Fish to be sworn Folio 52.2. Sworn Colours to be in all fishing places ibid. All fish approved by them to be received ibid. The Colours Salary, & by whom to be paid, ib. What fish declared Merchantable ibid. Liberty to cut Flakes regulated ibid. s. 3 No Fish to be taken in spawning time on penalty ibid. s. 4 No Mackrel for salting to be killed till July, on penalty of forfeiture ibid. S. 5 Fish salted with Tartudas salt, and thereby spotted, not Merchantable Folio p 54. s. 6 Forgery. What, and the penalty Folio p 54 Fornication. What, and the punishment Folio 54.1. By a Freeman, further punished ibid. s 2 The reputed Father of a Bastard to maintain it. Folio 55.3 Freemen. May order Fences in Common fields where no Select men, see Corn fields Folio 17.2. May determine differences in case ibid. May by their feoffs or Proxies appear on the day of Election, see Courts Folio 35.3. To send their Deputies to Gener. Courts, ib. Persons allowed by General Court for Freemen, to be sworn by County Courts, Folio 38.12 To nominate such as shall keep Courts in Counties with a Magistrate Folio 36.7. To give in their own Votes in Elections of Deputies, see Deputies Folio P. 40. According to their number may send Deputies to General Court ibid. Who may send, or not send ibid. May choose their Deputies in another County ibid. s. 2 May not choose any person unqualified on penalty Folio 41.4. No person being a member of a Church not approved shall be made free, see Ecclesiastical Folio 43. s. 2 And none else to put in Votes for Elections on penalty, see Elections Folio 47. ●. Putting in more than one Vote for one man, the penalty ibid. Not being at the Election may put in their Votes at home before the Deputy and Constable ibid. s. 2 two or three with the Constable may receive Votes for Elections in case ibid. In Towns to choose a Commissioner to receive the Votes for Nomination of Magistrates and County Treasurer to the Shire Town, and such persons to choose a Commissioner among themselves to carry the Votes of that Shire to Boston Folio 48.3. Exempted from voting in all civil Assembies ibid. s. 5 Qualified according to Law, may be made free ibid. s. 4. In Towns to set the price of workmen's labour, see Masters. Folio 104.4. With others in Towns to dispose of Lands, etc. see Townships Folio 147.1. G Galloping. IN Boston, the penalty Folio p 57 Gaming and Dancing. Not allowed in Ordinaries Folio 57.1. No common house for Gaming, on penalty to Housekeeper and Gamester ibid. No Gaming for Money, or any to be abettors to Gaming on penalty ibid. No Dancing allowed in Ordinaries on penalty ibid. Penalty for keeping Christmas etc. Folio 58.2. Penalty for playing at Cards and Dice, ib. s. 3 Penalty for wilful bringing in Cards & Dice ibid. s. 4. Involuntary free from penalty, upon giving notice to a Magistrate or Commissioner, ib. Persons that have played and inform thereof free from the penalty ibid. H Heresy. SUndry Heresies and Errors obstinately persisted in, after conviction to be punished with Banishment Folio 58.1. Witting and willing deniers of the Scriptures being 16 years of age, how to be proceeded with Folio 59.2. Obstinate maintaining the said Opinions after recantation, how punished ibid. Muggleton's Books to be brought to a Magistrate, on penalty Folio 60.3 The said Book to be burnt in Boston ibid. Penalty on Masters of Ships that bring in Quakers ibid. s. 4 Such Masters to give security to carry them away, or be imprisoned ibid. Penalty on persons receiving & concealing Quakers ibid. Penalty on encouragement of Quakers, Folio 61.5. Penalty for dispersing Quakers Books, ibid. Penalty for reviling Magistrates and Ministers ibid. s. 7 Publishers of Erroneous Doctrine, how punished ibid. s. 8. Quakers to be apprehended, and how proceeded with ibid., s 9 Any persons defending their Opinions, and stirring up mutiny, how to be proceeded with ibid. Order against Vagabond Quakers, Folio 62.10 Order against Vagabond Quakers only in force, the rest suspended Folio 63.11. Hides, See Leather, Highways. For the Country to be laid out most conveniently with advice of the next Towns, Folio 64.1 Not to be laid through Orchards, etc. ibid. To be 6, 8, or 10 Rod broad ibid. Any person endamaged by Highways to have recompense as therein is provided, ibid. Encumbrances in Highways to be removed Folio 65.3 Horses and Mares. That are shipped off, to be Recorded by Clerk of Writts' Folio 65.1. No Master of any Vessel to receive any Horse or Mare aboard without a Ticket on penalty ibid. No person to sell or dispose of any Horse-kind to any Indian on penalty ibid. No Stone Horses to go on Commons but such as are approved by Select men, ibid. s. 2 A Toll Book to be kept in every Town by Clerk of Writts' Folio p 147 All Horsekinde and other Cattle bought, to be Told on penalty ibid. The manner how Cattle must be Told, ibid. Any person that hath lost Cattle may search the Toll Book ibid. Hue and Cry. The charge to be born by the procurers, see Constable's Folio 31.7. I Idle Persons SEE House of Correction Folio p. 67 jesuites Forbidden to enter the Jurisdiction otherwise then the Law allows Folio p 67 The penalty on such, and how to be proceeded with ibid. Imposts on Liquors. No Wines or Strong-waters to be landed before Entry, on penalty of confiscation Folio p 67 Except what comes from England Folio 67.1. Goods confiscate how disposed of ibid. Customs to be paid when Goods are landed ibid. The Custom Master to have Deputies under him ibid. Rates of Custom on Wines, &c ibid. The Officers power and duty Folio 68.2 Masters or Merchants being strangers to pay 6. d. a Tun for Ships above 200 Tun and 6. s 8. d. for lesser Folio 69.3. All Mum, Cider, Ale, Beer to pay Excise ibid. s. 4 Explanation of Entry of Wines Folio 70.5. Customs of Wines, etc. to be paid in money or the best of the Specie ibid. Imposts on Goods and Provision. All Goods imported not exempt by other Laws, to be Ratable to the Country as other Estates Folio 70.1. Every Factor or Agent to pay 10 s. for every 100 l. imported ibid. s. 2. Every Master or Purser to certify to the Collector the contents of his Lading before he break bulk, etc. ibid. s 3 Every Collector to enter the several parcels, and to whom consigned ibid. s 4 Every one receiving any Goods to give in to the Collector the full value Folio 71.5. Any person denying or delaying payment, the Collector may levy the same by distress ibid. s 6 The Collector may require, and if need be distrain, and none may refuseon penalty ib. Penalty of falsifying, concealing or not producing Invoices of Goods ibid. s 7 Penalty on any bringing in Cattle, and putting them to sale before notice given to the Officer ibid. s. 8. Penalty of Beaver, etc. brought in and sold or shipped before Entry ibid. S. 9 The Country Treasurer, with those deputed by him under his Hand and Seal to attend the execution of the aforesaid Laws, Folio p 71, 72. S 10. All Officers employed by him to be accountable to him at all times ibid. Goods having paid Customs, not to be ratable again that year being in the Owners hands ibid. s. 1. The Governor and Council, or five Magistrates may give directions in any question that may arise about Customs ibid. s. 12 The Treasurer's Office to have a Seal ibid. No Master of Vessel to deliver any Goods brought in without Order from the Collector ibid. s. 13. The revenue of all Goods brougth in to Pascataqua to be paid in to the public Treasury ibid. s 14. As also all Customs of Wines, Goods and Powder for ships already received, to be paid to the Public Treasury ibid. s. 15. Goods belonging to the Inhabitants of Pascataqua, to pay no Custom to the Treasurer Folio 73.16. Impresses. No Workmen to be compelled to work from home above a week together Folio 73.1. None to be compelled to public service or work, except the Press be grounded on General Courts Act ibid. s. 2. Every person so pressed, to have reasonable allowance for his service ibid. Persons exempt from Office, Wars or public service ibid. None to be compelled out of the Jurisdiction, on an offensive, but only on a defensive war ibid. No man's Cattle or Goods to be pressed but by Warrant grounded on some Act of General Court, and to be paid hire for them, and reparation in case of damage ibid. Imprisonment. No Bail or Mainprise to be taken for Capital cases, or Contempt in open Court, Folio p 74. Indians. Right of Land declared Folio 74.1. Reduced to civility, to have Alotments among the English ibid. Civilised a competent number, so as to be capable of a Township, on Petition to the General Court, shall have Lands set out ibid. Shall have relief in any Court against the English doing injury to them in their planting Grounds, etc. ibid. No person to give, barter, or sell any Arms or Ammunition to them on penalty, s. 2. None of any foreign Nation or English to Trade with them in this Jurisdict. Folio p. 75. s. 3 Any person in this Jurisdiction may seize on Vessels or Goods in trading with them, ib None directly or indirectly to Trade with them but such as are allowed, on penalty, Folio s. 4. Encouragement to the Informer ibid. None to give or sell Liquor to them on penalty, ibid. s. 5. unless in sickness, Folio s. 6. All Trading house's not allowed, to be demolished ibid. s. 5. None to sell any Vessel to them on penalty, ibid. s. 6. The Laws in force among us to be published to them in subjection to us once a year, Folio 77.8. Powaws forbidden on penalty ibid. s. 10 Any person may seize any of them having Liquors, and deliver both to the Constable ibid. s. 11. Trade with them for Peltry and Ammunition to be allowed by the Treasurer Folio 78.12. Every allowed Trader to pay for his Licence to the Treasurer, ibid. To give a true account ibid. The Law touching Trade with them to be only during the Court's pleasure ibid. Indictments. No Indictments, Complaint or Presentment of force if not made within one year after the offence, except in Capital cases, and Felonies above 10. s. wherein persons damnified to have their remedy according to Law Folio p. 79 Innkeeper's. Every one to pay for draught of Beer, Cider, etc. see Imposts Folio 69.4, To give account once a month on penalty of forfeiture of their Licence or otherwise ibid. None may be a common Victualler, or sell Wine, etc. by retail without approbation of Select men, and licence of County Court on penalty, see Innkeeper's Folio 79.1. Merchants of Wine, and Stillers, &c, may retail Wine Liquors, etc. ibid. Every one to have a Sign within 3 months after licence granted on penalty ibid. To be always provided with good Beer, as the Law provides, on penalty Folio p. 80 To put no Molosses in Beer Retailed, on penalty Folio 80.2. Not to suffer any to be Drunk, or to drink excessively on penalty ibid. s. 3 That shall conceal in his House any person Drunk, or not make stay of him till a Constable come, the penalty ibid. Whom they may entertain in the night season Folio 81. 6. Their Licenses forfeitable in case Folio 82. 9 To provide for Strangers Horses on penalty Folio 82. 10 To pay 50. s. per Butt for what Wine they draw, and to account with the Treasurer every 6 months ibid. s. 11. To pay such Imposts on Wines to the content of the Treasurer ibid. To pay no Impost for what Wines they sell by the Quarter-cask ibid. To clear their Houses in Lecture times on penalty Folio 83. 12 Their Licenses to be renewed yearly, ib. s. 15 Permitting wanton and rude singing in their Houses, the penalty Folio 84. 17 Entertaining persons forbidden by the Select men, the penalty Folio 85. 19 May not arrest, attach, etc. any Sailor for Debt in case, see Saylors Folio p. 134 Drunkenness. Indians found Drunk, refusing to confess where they had their drink, to be Imprisoned, see Indians Folio 11. 77 Indians accusation of any person felling him drink, shall be valid against the person, except he shall purge himself by Oath, ibid. Every Indian Drunk to pay 10. s. or be whipped ibid. Every other person Drunk, to pay the penalty, see Innkeeper's Folio 80. 4 For excessive drinking, the penalty, ibid. Tiplers Tippling above half an hour, or at unseasonable times, or after 9 of the clock, the penal. ib No Merchant, Cooper, etc. that keep wines to suffer any to drink to excess, or be drunk, on penalty Folio 81. 7 No Retailer of strong waters, or private housekeeper to permit any to tipple in their houses on penalty Folio 82. 8. Retailars of strong waters, to pay 2. d. the quart Folio 82. 11. None to Still or Retail strong waters without licence on penalty Folio 83. 16. Strong liquors in Cases? not prohibited to be sold ibid. Every person confessing his offence against this Law, his testimony good against others Folio 83. 13 Wanton and rude singing in public houses penalty, and all present equally guilty in case Folio 84. 7 Any person that shall keep a house of Entertainment, without licence had, and reniewed according to Law, the penalty, Folio 84. 18 The penalty for any persons frequenting Ale houses when forbidden by Select men, Folio s. 19 judgements. Executions. When to be Entered, and when not, see Attachments Folio 7. 1. Acknowledged before two Magistrates and Clerk good in Law, see Courts, Folio 34. 7 To be given by inferior Courts upon the resolution of the General Court in difficult cases Folio 38. 11 Any Sale, Alienation or Assignment of a Judgement void in Law, see judgem. Folio p. 85. Every Judgement given against any person, to be Recorded in a book, see Records, Folio 129. 1. Executions. Not to be granted till 12 hours after Judgement, but by special Order, see Appeal, Folio 3. 1 Respited in case, see Attachments Folio 7. 2 Every sale of Executions void in Law, see judgements Folio p. 85 A person dying before Execution upon Judgement is taken out, or before satisfaction received, may be reniewed by Eecutors or Administrators, see judgements Folio p. 86 To be levied by Maishals, see Marsh. Folio 102. 2. In civil Actions void if not served within a Month after Judgement, except the Court respite, see sureties Folio p 144 jurors, Grand-jurors to Present Excess in Apparel, see Apparel Folio p. 5 Tailors in case, see Additions to the Law, ib. Neglect of Towns precuring an able Ministry, see Ecclesiastical Folio 40. 19 The breach of the Law tit. Indians Folio 75. 5 Grand jury, and jury for Trials. To be Summoned for County Courts out of their own County, see Courts ib. s. 7 No Jurors to be summoned from Salem to I●swich, nor ė contra ibid. To attend Courts adjournments at the time appointed, see Courts Adjournment, Folio p 38 jurors. At Court of Assistants, to be chosen out of Suffolk and Middlesex, see juries' Folio 86. 1. Jurors sworn to judge of matter, of fact and costs, the Bench of matter of 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 find 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 Grants of Lands from Indians on term of years without licence forfeitable as if bought ibid. All our Lands and Heretages free from all licenses upon Alienations, etc. 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 Shoemaker to exercise Tanning on penalty, see Leather, Folio 88 1 No Tanner to be a Butcher, etc. ibid. Gashing Hides in taking off, penalty ibid. Any Tanner putting to sale Leather insufficiently Tanned, etc. forfeited Folio 89. 2. Tan Fats set in Tan hills, etc. 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, etc. unless otherwise appointed, &c Folio 90. 2. No man shall come on another's propriety without his leave, and as in said Law expressed ibid. Lying. Any Person of the age of 14 years making a lie, 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. Governor, Deputy Governor 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 Innkeeper's for neglect of giving account of draught of Beer, See Imposts Folio 70. 4. Two Magistrates may punish Indian Traders allowed, for not giving a true account and payment to the Treasurer, see Indians Folio 78. 12. Consenting to an Assignment of a servant is good, see Master's 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 Baker's Folio 8. 1. May press Workmen to repair defective Bridges, see Bridges Folio 12. 3. May punish for Pilfering 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 stolen 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, etc. 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, etc. 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 Untimely death Folio p. 39 May deal with open opposers of the Word, etc. see Ecclesiastical Folio 44. 15. May punish persons for absenting from public 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, etc. 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 Heresy 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 Highways on complaint, see Highways Folio 65. 3. May punish or bind 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 Jesuit, see jesuites Folio p. 67. May fine any refusing to assist the Custom Master, see Impost Folio 68 2 With the overseers of a work may Impress 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 Innkeeper's Folio 80. 2. May punish Retailers of Strong-waters, or private Housekeepers for permitting Tippling Folio p. 81, 82. s. 7, 8. May determine all offences against that Law Folio 83. 13 May punish wanton and rude singing in public Houses Folio 84. 17 May commit any that keep a House of Entertainment without licence in case, Folio s. 18 May punish any found in public Houses prohibited by Select men Folio 85. 19 May Summon a person to answer a Crime, see jurors Folio 87. 6. May give an Oath to proovers of Leather, see Leather Folio 89. 3 May give Oath to Searchers and Sealer's of Leather ibid. s. 4 May punish Lying, see Lying Folio p. 1 May punish Seamen deserting their Voyage see Maritime Folio 99 22. May allow of a Motion to Marriage in case, see Marriage Folio 101. 3 May commit to Prison any attempting Marriage in case ibid. May join persons in Marriage, Folio 102. 5 May not join or suffer any to join themselves in marriage before; publication ibid. May press men & boats to pursue Runnaways etc. See Master's Folio 104. 3 May punish Malsters in case see Malt, Folio 106. 1 May commit a disorderly Soldier to prison in case see Military Folio p. 108. May by Warrant seize the estate of any transporting our Coin, see Money, Folio 118. 2. May give the Oath of Fidelity to Inhabitants and Strangers, see Oaths, Folio 119. 2 May give Oath to colours of Staves, see Pipe-staves, Folio p. 12● May commit Runaways to the house of Correction, see Prison. Folio 127. 3. May give an Oath to a prisoner not worth five pounds, Folio p. 128. 5 To keep a Record of all Judgements granted by him against any, see Records, Folio 129. ● May fine any newly married not returning their names to Clerk of Writts, Folio 130. 2 May fine any defacing Records ibid. May punish Sabbath breakers, see Sabbath, Folio 132. 1 Or any drinking in Ordinaries after Sun set ibid. 1. 2. May punish doing servile work on the Sabbath ibid. s. 4 Governor or Deputy Governor may appoint Surveyors of Ships to be built, see Ships Folio 138. 1 Governor or Deputy Governor may take order about Strangers, see Strangers, Folio p. 143 May allow a Stranger to reside in a Town, ib May punish Cursers and Swearers, see Swearing Folio p. 144, 145 May punish and dispose of Vagabonds, See Vagabonds Folio p. 15● May fine any neglecting Watches, see Watch's Folio 154. 1 May take the Testimony of a person of 14. years of age, see Witnesses Folio 158. 2 Manslaughter. Any person that shall kill another in the defence of himself or another, etc. shall be blameless Folio p. 92. Maritime Laws. The major part of Owners of Vessels agreeing in setting them forth, the minor part Owners concluded therein Folio 93. 1 Any Owner refusing, or by absence cannot fit forth his part, the Master may take up on Bottomary ibid. An Owner of Ship or Vessel not assenting to let such Vessel, must manifest it by protest, etc. ibid. s. 2 When Protests in such cases valid ibid. No Voyage to be hindered by such protest, ib. How the Dissenters part is to be secured, ib Owners of Vessels living in several Countries how far the Master may act on their parts Folio 94. 3. Masters or Mates non attendance aboard, the penalty ibid. s. 4 Master's agreement with their men for wages to be entered in a Book, with their men's hands thereto, on penalty ibid. s 5 Masters to make due provision for Seamen and Passengers, on penalty Folio 95. 6. No Master to ship any Seaman shipped by another before, on penalty ibid. s. 7 No Seaman to ship himself with any man till cleared by the first imployer, on penalty ibid. No Master to put into any Harbour in his voyage, except necessitated &c. on penalty, Folio s. 8. Master's may alter their voyage in case, Folio s. 9 Master's to pay mariners their wages, on penaity, Folio 96. 10 Damage on goods aboard, how to be made good in case, Folio s. 11. No Master of a vessel to more near him that was first mored, on penalty, ibid. s. 12 Any Master under sail running aboard a Ship at anchor, to pay all damage, Folio 97. 13. How goods thrown overboard to be made good, Folio s. 14 A Vessel giving over her voyage through insufficiency, the charge of Lading & unlading, by whom to be paid, ibid. s. 15. Goods damaged at Sea by negligence, to be made good by master & mariners, ib. ●. 16 Damage done by one Ship on another, by breaking lose, how to be made good Folio 98. Mariners absenting themselves from their Ship, the penalty, ibid. s. 18. Mariners causing disturbance in a Ship, to the prejudice of the voyage, how punished, ib. s. 19 Any person undertaking to be a Pilot etc. and found insufficient, his penalty, ibid. s. 20. Mariners to keep watch at Sea, and in Harbour, on penalty, Folio 99 21. Mariners deserting their Voyage punishable in case ibid. s. 22 Mariners having received their Wages and deserting the Ship to be pursued as Runaways ibid. s. 23 Mariners entertaining persons on board without leave, the penalty ibid. s. 24 Outrage by Mariners on the Master how punished Folio 100 25 Mariners in distress at Sea, not to leave the Ship if no peril of life ibid. s. 26 Mariners in case of Shipwreck to endeavour the saving what may be, and to have recompense, if neglected, the penalty ibid. s. 27 Marriage. No man to strike his wife or woman her husband, on penalty Folio 101. 1 No person to be joined in marriage before Publication ibid. s. 2 The manner of Publication ibid. Any person making motion to marriage without consent of Parents, etc. the penalty ibid. s. 3 No married person whose Husband or Wife is in other Countries, may reside here in Case, on penalty ibid. s. 4. None may join persons in marriage but a Magistrate or other persons appointed Folio 102. 5. None may join themselves in marriage but before such & that after Publication, ib. No Man may marry his first wives natural sister ibid. s. 6. Every new married person to give in his name to the Clerk of Writts, on penalty, see Records Folio 130. 2 Marshals their Office and Power. To obey the Warrant of one Magistrate, see Breach of peace Folio 11. 2 May require aid in case ibid. To serve Warrants or Attachments for cases tryable before one Magistrate, see Causes, Folio 20. 1 To assist and obey the Commissioners of Boston Folio 21. 3. To levy fines imposed by Court, see fines, Folio p. 51 may Attach and Imprison persons till fines are paid ibid. By Warrant from a Magistrate to apprehend deniers of Scripture, see Heresy, Folio 59 2. To Collect fines etc. by Warrant from the Treasurer, on penalty, see Marshals s. 1. Treasurer, Folio 151. 4 To Levy Executions on penalty ibid. s. 2. To make Returns of Executions, to Clerks in two months, on penalty ibid. To serve all Attachments directed to them and make return to the Clerks of Courts Folio 103. 3. No Marshal to be a Clerk or Recorder of a Court ibid. Marshals fees ibid. s. 4 Additional fees in case ibid. Martial General's fees ibid. s. 5 Marshals and their Deputies may require aid in case, as Constables may do, ibid. s. 6 Any refusing to aid them, the penalty, ibid. Marshals or other Officers power in levying Fines, Amercements and Executions ibid. s. 7. Where they are to make demand ibid. The Officers charges to be levied with the Executions Folio 104. 8 What Goods may not be taken by Execucution ibid. The Marshal may take the person refusing to discover Goods or Lands ibid. Marshal or other Officer doing wrong to any to make satisfaction ibid. s. 9 To inquire after Wheat landed from foreign parts and put to sale, see Malt, Folio 106. 2 Marshal General to receive of the Secretary, and send forth Orders of General Court, see Records Folio 129. 5 To send forth Treasurer's warrants, etc. ibid. Masters, Servants, Labourers. No Servant shall Give or sell any commodity without Licence Folio 104. 1. Time for Workmen prescribed ibid. s. 2 Runaway Servants and other suspicious persons how, and by whom to be pursued, ibid. s. 3. Workmen's Wages to be set by the Freemen in Towns ibid. s. 4. How Workmen's wages to be paid, Folio 105. 5. Servants flying from cruelty may be harboured in case, ibid. s. 6 No Servant to be put off for above one year without consent of 2 Magistrates, ibid. s. 7 Servants maimed by their masters, to have recompense; ibid. s. 8. Faithful Servants to be rewarded, ibid. s. 9 Unfaithful Servants how punished, ibi. s. 10 See more Burglary, Folio 13. 2. Malt. Penalty for malsters, if malt be not well made Folio 106. 1. No wheat, barley etc. to be brought in from foreign parts, on penalty, ibid. Mills, Millers. No Miller shall have above one sixteenth part for Toll of what he grinds Folio p. 306 Every Miller to have Weights and Scales, ibid. Military. The Sergeant Major by Warrant may require the chief Officers of the Regiment to meet Folio 107. 1 Such meeting may impose fines in case, ibid. may order Clerks to distrain ibid. 64 Soldiers besides Officers shall be accounted a Foot Company Folio 108. 4. The Major of the Regiment to order smaller Towns ibid. Every Capt. Lieu. and Ens. to have Commission from the General Court ibid. Every Captain shall appoint what Arms every Soldier shall serve with ib. s. 5 Two thirds of every Company to be Muskets; Pikes, to have Corslets and Headpieces, ibid. Or Buff or Quilted Coats Folio 115. 20 Every Captain to exercise his Company six days in a year ibid. To give notice thereof three or four days before ibid. Days expended in marching to and fro at Regimental Exercise allowed part of the six days ibid. The three chief Officers may punish disorderly Soldiers, with the manner how, ib s. 6. Soldiers how to be Armed, on penalty, Folio s. 7 Who are to be provided with Arms ibid. Any Soldier wanting Arms, how to be supplied Folio 109. 8 What persons are exempt from Training, ibid. s. 9 Every Company to have a Clerk, his duty, ibid. s. 10 To be upon Oath ibid. Committee of Militia in every Town stated their power and duty in case of Alarms, Folio s. 11 No Major to lead his Regiment out of the County, except, etc. ibid. Seniority of Captain to be according to the Seniority in Towns ibid. Boston Captain preceedency by priority of Commission ibid. Warrant for Impressing Soldiers, to be directed to the Committee of militia ib Committee of militia may suppress raising Soldiers by any but this Government, ib Committee of militia with Select men to mount Artillery, and repair Forts, etc. ib. Commission Officers of Horse to be of the militia ibid. military Watches how to be set ib. s. 12 Firing a Gun after the Watch set, the penalty ibid. The duty of a Sentinel and Round ib. What shall be accounted an Alarm ib. The Soldier's duty on an Alarm, on penalty ibid. smith's and other Workmen to repair Arms on penalty Folio 112. 13. Surveyor General yearly to give account to the Council, of the stock of Powder, &c ibid. s. 14 Every Town to have a Watch house, on penalty ibid. s. 15 Every Town to have a stock of Powder, &c on penalty ibid. Troops to be under the command of Majors of Regiments Folio 113. 16 Troopers privileges confirmed, what excepted ibid. How to be Armed ibid. To exercise 6 days yearly on penalty, ibid. Every Troop to have a Clerk, his fees, ibid. Officers of Horse may remit or abate fines, ibid. Troopers duty in case of Alarm, on penalty ibid. No Officer of a Foot Company to be a Trooper, ibid. No Troop to be drawn out of the County but by order of Major General, except, ibid. No Trooper may put off or change his Horse without leave, on penalty ibid. Troopers fines for Non appearance ibid. No listed Trooper may disband himself with out leave on penalty ibid. A Trooper dismissed to be returned by Certificate to the Commander of Foot in every Town ibid. Inferior Officers Commissions to stand good, on the death of Superior Officerr, Folio 114. 17. Soldiers being dismissed from Exercise to repair to their quarters ibid. Disorders of Soldiers to be punished by the chief Officers ibid. Troopers listed after 63 not to have the allowance of 5. s. ibid. Who may be listed as Troopers ibid. Who are liable to Military Watches, s. 19 Towns not under particular Majors to be ordered by the Major General Folio 115. 19 Commission Officers to be chosen by the General Court, except, etc. Folio 116. 21 Inferior Officers to be chosen by Commission Officers, or Major, where no Commission Officers are ibid. Regimental meetings ordered ib. s. 12 The Major's allowance at such meetings, what, and by whom to be paid ibid. Commissions for military Officers to have the Public Seal, see Seals Public, Folio p. 135 Mines. Discoverers of Mines to enjoy the profit thereof for 21 years, provided, etc. Folio 116. 1. Mines found by any man in his own propriety, shall remain to the Owner, except, &c ibid. Money. The Mint house to be at Boston Folio 116. 1. All Officers belonging to it, to be sworn, ib. Every person may bring Bullion or Plate to be minted ib All money minted, to be of Sterl. Alloy, ibid. The Stamp and Inscription of money, ib. The value of money Coined ibid. Money Coined here to pass currant ib Allowance for Coining, and weight of Coin ibid. No person to carry out the Coin of this Country, on penalty Folio 117. 2. Searchers for money exporting to be in all needful places, their power ibid. Such Searchers to take an Oath ib. may require Assistance ibid. Monopolies. No Monopoly allowed but of new Inventions that may be profitable Folio p. 119 O Oaths, Subscriptions. NO Oath to be imposed, or subscription required, but what the General Court hath appointed Folio 119. 1. No Oath binds any man or Officer, but while an Inhabitant ibid. All Inhabitants take the Oath of Fidelity, s. 2 All Strangers to take the Oath prescribed, Folio p. 120 Oppression. What, and how punished Folio p. 120. P Payments. ALL Payments to be in Specie contracted for Folio 121. 2. Petitions. Every Cause heard by General Court, to pay the charges of the Court, besides Entry Folio p. 121 When Petitions are to be received, when not ibid. Who may present Petitions without payment ibid. Account of the number of Petitions to be signified to the Court, as directed ibid. Pipestaves, Viewers of Staves. Cooper's staves to be called, see Cooper's, Folio 17. 3 Two Viewers of Staves to be chosen in every Town where they are shipped off, See Pipestaves Folio p. 122 The Viewers to be upon Oath, their power, ibid. Assize of Staves ibid. To keep account of Staves approved, and for whom ibid. Pipestaves shipped not approved forfeitable, is Searchers fees for culling ibid. Masters receiving Staves on board, not culled the penalty ibid. Refuse Staves not prohibited transportation ibid. Poor Persons. To be disposed of by Shire Courts or two Magistrates out of Court Folio 123. 1. Any person not excepted against within 3 months, shall be reputed an Inhabitant in Towns where thy are, ibid. s. 2 Any person excepted against, and not removing, nor complained against to the County Court by any Town, the penalt. ib Where persons cannot be settled in any Town, the County Court may order their residence, the charges to be paid by County Treasurer ibid. Possession. Title to Inheritances by Possession, declared Folio p. 124 Porters. To be allowed by Select-men, and their Wages determined Folio p. 124 Plaintiffs and Defendants. Plaintiff ask advice of any that are to judge in his case may not prosecute his Action, see Counsel Folio p. 34 In such case shall pay costs to the Desendant and so e contra ib. To attend Adjournments of Courts, see Adjournments Folip p. 38. Not prosecuting their Actions at Court of Assistants to pay costs to the Defendant, see Jurors Folio 87. 4. Not appearing the first forenoon of the Court to be Non suited ibid. s. 6. May make a new Entry in case ibid. Defendant appearing in any Court, having asked advice of any of the Judges, being proved to pay 10. s. to the Plaintiff, see Counsel Folio P. 34. To attend Courts Adjournments, See Adjournments Folio P. 38. To have Costs of the Plaintiff not prosecuting his Appeal, see Jurors Folio 87. 4. To have costs of a Plaintiff upon a Nonsuit ibid. s. 6. Pound, Pound breach. Every Town to have a sufficient Pound, Folio 124 1. Any Pounding Swine or Cattle to give notice to owner or cause them to be cried, ibid. Any Swine or Cattle escaping out of Pound the Owner to pay all damage ibid. Owners of Cattle to pay damage or Replevin ibid. No one to Rescue Cattle going to Pound, on Penalty ibid. s. 2. Pound breach, the Penalty ibid. Harms done to any by Rescue, to be made good ibid. Owners of Cattle abettors in a Rescue, their penalty ibid. Powder. All Powder, Led, Shot, etc. imported, to be Entered with the Notary, on Penalty, Folio 125 1. The Notary to keep a true account of such Goods ibid. Not to grant Certificate to any in case, on Penalty ibid. The Captain of the Castle to signify this Law to Masters and Merchants ib No Powder to be transported out of this Colony without licence, on Penalty, Folio 126. 2. Prescription. What, Folio P. 126 Precedents & Forms of Oaths etc. Folio p. 102. Prisoners. Who may be imprisoned, see Arrests, Folio 6.1. Maintenance declated ibid. Not to be kept in Prison in case ibid. Concealing Estate to be sold ibid. Or under Bail for Crime, to be tried at the next Court that hath cognizance thereof, See Courts, Folio 38. 10. To be conveyed to Prison at their own charge if able, see Prisoners Folio 126. 1. No Person to be helpful to any to break Prison, on Penalty Folio 127. 4 Any Prisoner taking Oath he is not worth five Pounds, to be discharged Folio 128. 5. Prison Keepers. Discharged of Prisoners in case, see Arrests Folio 6. 2. More, see Courts Folio 128. 5. Danger Folio 7. 3. Liberty to take Bail ibid. To receive Persons Committed for Drunkenness by Magistrate, Commissioner, or Select men, see Ink epers Folio 81. 5. Suffering any to escape, the Penalty, see Prison Folio 127. 4. To Present a List of their Prisoners to the Courts to whom the Cognizance belongs, Folio 128. 5. Costs for Prisoner's maintenance to be determined by the Courts ibid. House of Correction. To be erected in every County at their charge Folio 127. 2. The Master to be appointed by Coun. Co. ibid. His Fees ibid. Delinquents committed, how to be punished, ibid. The Master not to discharge any committed but by Warrant ibid. Privileges Civil. No man to suffer any punishment, etc. but by virtue of some Law established, or the Word of God Folio P. 1. No man to be Imprisoned before the Law hath sentenced him in case, see Imprisonment Folio p. 74 Any person may come to any public meeting, and present any necessary motion, &c see Liberties Common Folio 90. 1 Any person may remove out of the Jurisdiction, if no legal impediment Folio 91. 3. Protestation. How, and in what case to be made Folio p. 128. Punishment. No man shall be sentenced twice for one of fence Folio p. 129. No man to be punished with above forty stripes at one time ibid. No man to be punished with whipping in case ibid. No torture to be used before conviction, ibid. R Records. ALL Evidences in any case, to be given in Writing, and kept on file Folio 129. 1. Every Parent, etc. to give the names of all born or dying to Clerk of Writts, Folio 130. 2 Any person may Record Testimonies, etc. Folio 131. 3. Defacing of Records, the penalty ibid. Any Person may view or search, Rolls, Records of Court, etc. ibid. Rolls, Records, etc. that may be viewed, interpreted ibid. Folio 5.4. Replevin. Owners of Cattle impounded, may Replevin them, see Cattle Folio 18. 3. To be granted by the Clerk of Writts, see Clerk of Writts' Folio 28. 1. What may be Replevined, when, and by whom, see Replevin Folio P. 132 S Sabbath. Person's absenting from public meetings on the Lord's day, etc. the penalty, see Ecclesiastical Folio 45. 16. Profaning of the Sabbath what, see Sabbath Folio 132. 1. Youth Profaning the Sabbath, how punished ibid. Persons above 14 years of age, Profaning the Sabbath, how Punished ibid. By the Lord's day is meant day light ibid. Drinking in Ordinaries after Sun set the penalty Folio 135. 2. Any Person not paying their fines, or giving security, to be corporally punished, s. 3 Any doing servile work on the Lord's day, the penalty, Folio 134. 4. What Travellers by Land or in Boats to be accounted Prophaners of the Sabbath, ibid. Saylors. No Innkeeper, etc. may Attach, Arrest, etc. and Sailor for debt in case Folio p. 134. Salt. In every Maritime Town, a measurer of Salt aboard Ships to be chosen Folio p. 134 His allowance ibid. Masters or Mariners nonobservance of this Law, the Penalty ibid. Salt-Peeter. In all Towns where the makers thereof desire, Select men are to make Orders for e●ercasing Peter Folio p. 135 Penalty on any neglecting such Orders ibid. Select men neglecting to make and execute such Orders, the penalty ibid. Seal-Publick. The Governor, or keeper of the Seal to affix the Seal to Military Commissions, etc. from this Court or Council without pay Folio p. 135. Schools. Every Town consisting of 50 Householders to have a School for Writing and Reading Folio 136. 1. How such School master shall be paid, ibid. Where a hundred Householders are, must be a Grammar School, on penalty s. 2. No Hetrodox or scandalous Schoolmaster to be allowed ibid. s. 3. Penalty on Towns for want of a Grammar School increased Folio 137. 4. Secretary. To sign Warrants for Execution of persons sentenced to death by Court of Assistants or General Court, see Condemned ib. s. 2. To give out Copies of the names of persons allowed by General Court to be Freemen see Courts Folio 38. 12 To give notice of all fines to the Treasurer within 14 days, see fines ibid. To sign Warrants for levying Executions, see Marshal's Folio 102. 2. To receive in Petitions at the General Court and take pay for them, see Petitions, Folio p 121 To give account of the number received by him to the Magistrate, which shall be allowed as part of his Salary ib. To deliver to the Marshal General Copies of special Orders of General Court within ten days, see Records ibid. 5. To write out Military Commissions, etc. for the Seal, see Seal-rublick Folio p. 135 To keep account of deuce by fines, etc. on penalty, see Treasurer Folio 151. 4. To present to the Council, or Court of Assistants an account of all Bonds, etc. returned to England, see Ships Foloo 140. 3. Self Murder. Self-murtherers denied burial in common burying places, but etc. Folio p. 137 Sheep. Any person may keep sheep on commons whereto he belongs, Folio 137. 1. Five sheep to be allowed for one cow where commons are stinted, ibid. None to course with a dog, on penalty Folio 138. 2 Any dog killing sheep to be hanged by the owner, on penalty, ibid. All Wool put to sale, how to be washed & ordered on penalty, ibid. s. 3 Ships. Every Vessel above 30 Tuns to be built, shall be Surveyed by such as are appointed. Folio 138. 1 The builder, or owners of such vessel to give notice on penalty, ibid. Surveyors power, ibid. Any Ship-carpenter not following the Surveyors advice, upon complaint, how to be proceeded with, ibid. Officers appointed to propagate the Art of Navigation, Folio 139. 3 Rules for their proceeding therein, and fees stated, ibid. No masters aboard their ships to drink healths, or suffer others to drink them on penalty Folio 140. 4. No person to fire a Gun after Sun set, or on the Sabbath, on penalty, ibid. The Captain of the Castle to give notice of this Law, to all Ships passing the castle, ib. Every ship trading in our Ports, not belonging mostly to this Country, to pay half a pound of powder per Tun, ibid. s. 5. Officers, as receivers nominated ibid. Their Power, ibid. Such are accountable to the Gen, Court ibid. No person shall Trade upon our Coasts in case, on penalty, Folio 141. 6. Spinning. To be disposed of and regulated in the several families by the Select men, Folio p. 141 Strays. Every one takeing up a Stray etc. the owner not known, to inform the Constab. within six days, ibid. s. 1. Rules for the Constable in such case, ibid. Penalty to finder or Constable on neglect, ib. The finder to apprise & Record lost goods, on penalty, ibid. Lost goods to be restored to Owners within one year after publication, on condition, ib. Finders of Strays to put wyths on beasts necks, on penalty, ibid. When Cattle shall be accounted Strays, ibid. Penalty to any taking off a with, or taking away a beast, ibid. All Strays where to be first Cried, ib. s. 2. Strays to be entered with the County Recorder, ibid. Strays how to be disposed, in case, ibid. Strangers. May sue Strangers in any Court, see Courts Folio p. 38. s. 8. Every Master or mate of a Ship to bring all Strangers immediately upon their arrival before the Gover or other Magistrate, on penalty, see Strangers, Folio p. 143 The Capt. of the Castle to make known this Order to Vessels that pass by, ibid. Strangers professing the true Religion, to be succoured ibid. All persoons to enjoy equal Justice ibid. No Stranger to have any Lot in any Town till allowed, nor to be entertained above 3 weeks, on penalty ibid. No person to receive a stranger above three weeks, on penalty ibid. Sureties, and Goods Attached. No Goods Attached to be free, till Execution upon Judgement be satisfied Folio p. 144 Sureties, except in Capital or Criminal Cases, not to be free till Execution be satisfied ibid. Swearing and Cursing. Rash and vain Swearing and Cursing, how punished Folio p. 145 Swine. Any person chosen to execute Orders about Swine, the penalty Folio 145. 1. All damage by Swine, to be paid according to the Orders of the Town where damage is done ibid. s. 2. What sufficient Fences against Swine ibid. Swine Impounded and not owned, how to be disposed of Folio 146. 3. Towns or Select men's neglect to make Orders, the penalty ibid. T Tile Earth. When to be digged, on penalty, Folio p. 146 Tiplers, & Tipleing. See Innkeeper's, Folio p. 81— 84 Tobacco. May not be taken within 20 Poles of any house, etc. on penalty Folio p. 146 Tolling of Cattle, see Horses. Town-ships. To pay their proportion to building or repairing County Bridges, s e Bridges Folio 12. 1. Penalty by defective Bridges or High ways ibid. s. 2 Penalty of triple damage in case ibid. To choose yearly a Gager of Cask & Packer, see Cask, Folio 16. 1. Any chosen, paying 40 s. the town must choose another, ibid. Neglect hereof the penalty, ibid. To have a distinct Brand mark, see Cattle, Folio p. 18. s. 3 to provide an house for the Ministry, see Ecclesiastical, Folio 45. 17 May Impose a fine on any chosen to Office, and refusing to serve, see Freemen Folio 56. 2 To restrain Indians from profaning the Sabbath, see Indians Folio 77. 10 To choose Scalers of Leather, see Leather, Folio 89. 4 Not to appropriate to any man any Pond that is above Ten acres, see Liberties common, Folio 91. 2 Danger, if not excepting against persons at the County Court, see Poor, Folio 123. 2 Where 50 Families are, to have one to teach to Write and Read, see Sc●cols, Folio 136. 1. Where one hundred Families are, to have a Grammar School, on penalty ib. s. 2 To make Orders against Swine, on penalty, see Swine Folio 143. 3. May choose Select men to order the Prudentials of their Town, see Townships, Folio 148. 1. To dispose of single persons, and Inmates, Folio s. 3 May impose fines on any resusing to serve as Constables ibid. s. 5 Who in them may have privilege of Commonage for Wood Folio 149. 6 To pay 10. s. for every Wolf killed by English, see Wolves Folio 160. 3. Select men's Duty and Power. To Assess persons for their Garb, see Apparel Folio 5. 1. To appoint persons to view Town bounds, see Bounds Folio p. 10 To order Fences in Common fields in case, see Cornfields Folio 17. 2. To make Orders to repair Fences general and particular under 100 Acres Folio 19 6. And to impose fines ibid. Not to neglect making such Orders on penalty to the Town ibid. To order repairs of Fences on the Owners neglect ibid. To give Warrant to the Constable to levy double damages in case ibid. To try Causes, and grant Executions in case see Causes Folio 21. 2. To make Country Rates, see Charges Publ. Folio 23. 3. To Assess Strangers any Month Folio 25. 3. To see to the Education of Youth, on penalty, see Children Folio 26. 1 To place out unruly Children ibid. The major part may approve the marriage of Orphan's Folio 28. 6. To Assess for Minister's maintenance, see Ecclesiastical Folio 48. 5. To receive of the County Treasurer fines imposed on Quakers, etc. and to improve them, see Elections Folio 48. 5 To lay out private Highways, see Highways Folio 64. 2 To give recompense to any damaged by such Ways laid out ibid. p. 65 To approve such Stone horses as go on Commons, see Horses Folio 65. 2. To levy the penalty by Warrant for the Towns use ib. p. 66 The penalty of Select-mens' neglect ibid. With the Collector of Customs to rate persons in case, see Imposts Folio 71. 7 Where no Magistrate or Commissioners are may punish Indians for Drunkeness, see Indians Folio 77. 11 To approve of persons to keep Ordinaries, etc. see Innkeeper's Folio 79. 1. Where no Magistrate or Commissioners are may commit a drunken person to Prison or punish according to Law, see Innkeeper's Folio 81. 5. To prohibit persons from public houses, &c in case Folio 85. 19 To receive a third part of all Leather and Shoe seized, see Leather Folio 90. 5. To Assess the Town for mounting Artillery, etc. see Military Folio 110. 11. To Assess for Towns stock of Powder, etc. Folio 112. 15 To crayen the help of County Courts against persons obtrudeing the Town, see Poor Folio p. 123. To provide for Poor settled by County Court ibid. To allow Porters, and set their Wages, see Porter's Folio p. 124. To provide materials for work in the House of Correction, see Prison Folio 127. 3. May punish Prophaners of the Sabbath Folio 132. 1. To make Orders to produce Saltpetre, see Saltpetre Folio p. 135. To impose fines on any neglecting their Orders ibid. To choose and allow an Officer an annual stipend to execute their Orders ibid. To provide for Schoolmasters maintenance see Schools Folio 136. 1 Not to admit or suffer a Hetrodox or Scandalous Schoolmaster ibid. s. 3. To appoint the place where self-murderers shall be buried, see Self-murder Folio p. 137. To make Orders for clearing Commons for Sheep, see Sheep Folio 137. 1. May impose fines for putting Rams to flocks ibid. To order spinning in their Towns, see Spinning Folio p. 141 To make Orders about Swine, see Swine Folio p. 145 to manage the Prudential affairs of the Town according to instructions in writing, see Townships Folio 148. 2. To require Constables to levy fines on such as refuse to serve as Constables ibid. s. 5. With two Magistrates may put Children forth to service Folio 149. 8. May order and dispose Constables Watches, see Watch's Folio p. 154 With the Constable to choose a Sealer of Weights and Measures, see Weights, Folio 155. 1. To appoint Measurers of Corn, Wood or Board Folio 156. 2. To cut off the Ears of Wolves they pay for to Indians for the Country, see Wolves, Folio p. 160. Treasurers. To issue forth Warrants for Assessment yearly, see Charges Public Folio 23. 3 For levying the same ibid. To pay to the Constable Charges of bringing Rates ibid. May distrein the goods of Constable or any other person in case Folio 25. 4. To pay 100 l. per Annum to the College, see College Folio 30. 2. To pay charge of Hue and Cry in case, see Constable. Folio 32. 7. To pay for Victuals and Vessels Impressed, see Council, Folio p. 34. To pay charge of Elders meetings, when employed by the Court's Order, see Ecclesiastical, Folio p. 44. 13. To pay the Secretary for writings, see Seal-Publick, Folio p. 136 To keep Accounts of all transactions belonging to his Office, as Debts, Deuce etc. see Treasurer's Folio 150. 1. To make no payments but by some Law or Order, ibid. His allowance, Folio 151. 4. To give Account once a year to the General Court, ibid. To provide Weights & measures as Standards, see Weights, Folio 155. 1. To Seal Town Standards, ibid. To pay the charge of Witnesses in Criminals see Witnesses, Folio 159.3. To pay for every Wolf killed 10 s. see Wolves, Folio p. 159. County Treasurer. To pay for Hue and Cry, in case, see Constable, Folio 32. 7. To pay to Select men in Towns all Fines of Delinquent Quakers, see Elect. Folio 48. 5. To give Warrant to the Marshal to Levy Fines, Folio p. 51. To receive Fines for Select men's neglect of the Law title Horses, Folio 67. 2 To pay for Poor, in case, see Poor, Folio p. 123. To be chosen Annually, time when, & manner how, see Treasurers, Folio 150. 2. No Clerk of Court to be Treasurer, ibid. May give Warrant to Marshals or Constables to Levy Fines, Folio 151. 4 His Allowance, ibid. To have the same Power in his place as the Country Treasurer, Folio 151. 5 To return to County Courts the names of Constables not clearing their Accounts, ibid. To pay twenty shillings so every Wolf killed by English, see Wolves, ibid. s. 3. Trials. Any Person against whom Judgement hath passed in Civil Actions, may have a new trial on Review, in case, Folio 152. 1. plaintiff & Defendant agreeing, may have their Case tried by Bench, or Bench and Jury, except, ibid. s. 2. Every Delinquent hath liberty of a Jury, ibid. s. 3. Challenge may be made against Jurors by Plaintiff or Defendant, if found just others to be impanelled ibid. What persons may have allowance in any case ibid. s. 4. V Vagabonds. BEing Apprehended how to be proceeded with Folio p. 152. Vexatious suits. How punished, see Actions Folio 8. 3. Votes. When persons are capable of Voting, see Ability Folio 1. 1. None to Vote in Elections but Freemen, on penalty, see Elections Folio 47. 1. Every person called to Vote in any Court, etc. may act according to his own Judgement, see Votes Folio p. 153 Neuters to be taken in the Negative ib. Who may put matters to Vote the Precedent refusing ibid. The Governor to have a casting Vote in Courts of Assistants or General Court, the Precedent etc. in other Courts, see Courts Folio 35. 6 Usury. No man to pay above 8. per Cent. forbearance for a Debt, Bills of Exchange excepted Folio p. 153 Usury Contrary to the Law of God not allowed ibid. W Watching. When Constables Watches shall begin and end Folio 154. 1 Who are liable to Watches ibid. Watches power and duty ibid. Persons exempt from Watching Folio 155. 2. Weights and Measures. Country Standards to be provided by the Treasurer Folio 155. 1 A Sealer of Weights and Measures to be in every Town ibid. By whom to be chosen ibid. to be sworn, his Office and power ibid. Neglect of Select-men, Constable or Sealer the penalty ibid. No man compellable to receive Corn, Wood or Board's, but by a sworn measurer Folio 156. 2. Wharfage. Where it may be taken Folio 156. 1 The Rates allowed for Wharfage ibid. Wharfage may be taken out of the Goods in case ibid. Penalty of casting an Anchor etc. in Boston Cove Folio 157. 2 Penalty of throwing Dung, etc. into the said Cove ib. s. 3. Wills. Who may make Wills, Alienations, etc. see Ability. Folio p 1. Penalty of Executors not proving Wills in time, or entering on, or disposing Estates, see Wills Folio 157. 1. Who may take Probate of Wills, and grant Administration Folio 158. 2. Witnesses. Witnesses and parties concerned to attend Courts Adjournment, see Adjournments, Folio p. 38. Testimony of Gamesters good against others in case, see Gamesters Folio 58. 4. No man to be put to death without 2 or 3 witnesses, see Witness Folio 158. 1 the testimony of a person of 14 years of age may be taken out of Court in any Case Civil or Criminal ib. s. 2. In what case such testimony shall be good ibid. Such testimonies how to be disposed of by them that tkke them ib. Witnesses in Capital cases to be present Witnesses summoned to any Court, not bound to appear in case Folio 159. 3. What allowance witnesses shall have ibid. Witnesses in Criminal cases how paid, ibid. Delinquents to pay all charges ibid. Wolves. Every person English or Indian killing a Wolf, to be paid 10. s. by the Treasurer Folio 159. 1 Encouragement for Indians to kill wolves Folio 160. 2. Every person killing a wolf to have 20. s. of the County, and 10. s. the Town where it was killed ib. s. 3. Wood The quantity, how to be reckoned by the Boats Folio p. 160 A Cord of Wood what ibid. Workmen. Artificers in Harvest time compellable by the Constable to work Folio p. 161. Penalty on neglect of Constable or Workmen ibid. Wrecks of the Sea. No violence to be offered to the person or goods of such as suffer Shipwreck, Folio p. 161 Any Whale cast up, to belong to the Country ibid. Writts'. All Writts and Processes to go forth in His Majesty's Name Folio p. 161. FINIS. Several Laws and Orders made at the GENERAL COURT, Holden at Boston the 15th. of May 1672. And Printed by their Order. Edward Rawson Secretary JURIES VERDICT. THis Court being desirous to prevent all Dissatisfaction and Inconveniencies that may arise in the Trial of Civil Cases in Inferior Courts, sometimes happening by reason of Disagreement between the Bench and Jury formerly allowed by Law; Do Order and Enact; That henceforth in all County Courts, after that the Bench have used all reasonable endeavours for clearing the case to the Jury, by declaring the Law, Juryes Verdict to be Read and not refused. and comparing the matter of Fact and Damage proved therewith, the Verdict of the Jury finally given, shall be accepted, and Judgement accordingly Entered: And in like manner shall the proceeding be in the Court of Assistants, unless upon apparent corruption or error in the Jury giving in their Verdict contrary to Law or Evidence, the party cast shall in open Court Attaint the Jury, and give sufficient Bond and Sureties within twelve hours after the Verdict is accepted, to prosecute the said Jury at the next Court of Assistants, in an Action of Attaint, in which Case Execution shall be respited, Plainiff and Defendants liberty to Attaint the jury in Case. and the Clerk of that Court shall Summon a Jury of twenty four Able and Discreet men chosen as the Law Directs, to attend the service of the Court where the said Action of Attaint shall be tried in the first place, and if on trial of the case, there shall be found manifest Error or Mistake, the party Complaining shall be Repaid his full damage from the other party to the Original Suit and if by the said Jury of twenty four, there be found Bribery, Conspiracy, or other Corruption, in the Jury attainted, they shall be punished by Fine or Imprisonment, proportionable to the degree of their, Offence; Juryes attainted how Tried. And if otherwise, the twenty four Jurors shall acquit the former Jurors accused, they shall be allowed double Costs from the party accusing, and their Verdict and the Judgement of the former Court shall, stand good, and execution shall be Issued forth accordingly; And that Clause in the Law, allowing the Magistrates not to Concur with, or refuse the Verdict of the Jury is hereby Repealed. SURETIES. FOr Explanation of, and Addition to the Law● tit. Sureties and goods Attached, where it is provided that Sureties as well as Principals shall be Responsible for one month to pay the Debt, unless he or they Surrender the Principal into the hands of the Marshal or Deputy, but no way provided in the said Law how the Sureties may be compelled thereunto; Where Bonds are forfeited the Case to proceed. It is therefore Ordered, and hereby Declared, That in such Case the Party and Sureties being called and the Bond declared forfeited upon non-appearance, the Case shall proceed to hearing, and Judgement at the same Court, as in case of the Defendants non-appearance upon Attachment of Goods: Execution to Issue out agianst Sureties And if the Case be found for the Plaintiff, that Judgement be granted against him and his Sureties, and Execution be Issued out accordingly, and to be in force against the Sureties as well as the Principal, for one month after Judgement given, as the said Law Intends. No strong Liquor to Workmen. Whereas there have been sundry and frequent complaints preferred to this Court, of Oppression by Excessive wages of Workmen and Labourers, which notwithstanding the endeavours of this Court to redress; such oppressions continue and further increase, by a dangerous Imposition of such persons on those they work and labour for, by demanding an allowance of Liquors or wine every day over and above their wages, without which it is found by too sad experience many refuse to work; Now forasmuch as such a practice of drinking liquors and wine, tends much to the rooting young persons in an evil practice, Law prohibiting Wine or strong Liquors to work ●men. and by degrees to train them up to an habit of excess; It is therefore Ordered by this Court and by the Authority thereof, and be it hereby Enacted; That if any person or persons after the publication hereof, shall give wine or strong liquors to any workmen or boys that work with them, except in cases of necessity, shall pay twenty shillings for every such Offence. MILITARY. THis Court taking into their serious Consideration the weight and necessity that lieth on them, to see that all Soldiers, (especially at such a season as this) should be fitted with Arms, and well skilled to use them; And because the welfare of each Military Troop and foot Company, both in their being provided with, and knowledge of their use of Arms, lieth very much in the Clerk of each Companies careful and faithful observation and execution of his Office, in the seasonable and due levying of such Fines as are by Law due for defects, the neglect whereof too sad experience showeth, hath done very great hurt in many Companies, for preventing such Inconveniencies for the Future; Soldier's lines to be gathered by the Clerk of Troops or Foot Companies within a month or to be levied on themselves This Court doth Order, That what Fines shall be due according to Law from any Soldier for defect, in either Arms or trainings, which the Clerk or Clerks of the said Troop or Company shall not leavy and gather into his hands, within one Month after the Training day on which the said defect is made, it shall be in the power of the Captain or chief Officer of that Troop or Foot Company to send the Marshal or Constable with an Execution, and leavy the said Fines upon the Estate of any such Clerk or Clerks so defective, unless the said Clerk can make it appear to the Captain, that he or they have been hindered either by sickness or the absence of the person delinquent being out of Town. And it is further Ordered; That the Clerk or Clerks of every Military Troop or Company shall once in six Months render a particular account to the Captain or chief Officer, of all such fines as are levied by the said Clerk, that the same may be disposed of for the good of the Company according to Law. THis Court considering our own state as to Fortification, how that our Forts and Artillery belonging to the Country, both in this Town of Boston, Charlstown, Salem and Marble head do need much to repair them, that they may be fit for service if God should call thereunto; Further allowance to Boston Charlstown, Salem and Marble head for Fortification Do therefore Order; That each of the Towns above mentioned shall be allowed what they are Rated to the Country-Rate for this next year, for, and towards the finishing and repairing the several Forts there, and that each of their Rates be committed into the hands of the Committee of Militia in each of the aforesaid Towns, by them speedily to be improved for the use abovesaid. Whereas divers Soldiers, who by Law are commanded to attend Military Exercise upon Training days in the Towns where they live, not having any visible Estate whereon the Clerk of of the Company unto which they do belong can leavy the fine due by Law, when they are delinquent either in Arms or Training, ●o often neglect the duty in both keeping Arms and Training, and do thereupon carry it boldly and provoakingly to the Clerk and other officers; For prevention whereof: It is Ordered by this Court and the Authority thereof; That it shall be in the power of the Commission Officers of each Company, or such of them as are present at the next Training day after such offence is committed, to punish such person offending as abovesaid, who hath not satisfied the Clerk according to Law, Soldier's neglect of Arms & training with their Contempt of Officers how punished by any Military punishment according to the aggravation of the Crime, by either Riding the Wooden Horse, or by Bilboes,, or lying Neck and Heels, or acknowledgement at the Head of the Company, or any punishment according to Military Discipline, at the Discretion of the Commission Officer or Officers present. And in case any such Delinquent shall absent himself from Training two days together, that then it shall be in the power of the chief Officers, and they are hereby enjoined by Warrant directed to the Constable of that Town, to convent such Offender before him, and to proceed with him as in this Order is provided, and all Constables are hereby Ordered to attend their duty herein. Book-Debts. WHereas by the Law made May 1669 respecting Book-debts; It is Declared, that all Book-Debts shall be cleared within three years, as is therein expressed, after which time no Book-Debt shall be pleadable in any Court: Upon a general complaint, that the said Law will prove to the real detriment of very many of our Inhabitants, and the utter undoing of some if a greater number of years be not allowed to shut up Accounts; Three years further added relating to Book-debts It is therefore Ordered, and is hereby Declared; That there shall be three years more added for the advantage of Debtors and Creditors to issue their Accounts, that all grounds of complaint in this kind may be removed. BURGLARY. WHereas in the Law tit. Burglary, it is expressed if any person● shall commit Burglary by breaking open any Dwelling House; Addition to the Law tit. Burglary It is Ordered by this Court and the Authority thereof, as an Addition to that Law; That if any person shall break up any Warehouse, Shop, Mill, Malt-house, Barn or Outhouse, or any Vessel on any Shoar, or in any Cove, Creek, or upon the Water, such person so offending, shall be punished as the Law provides in case of breaking up Dwelling houses. HIDES. WHereas the Law tit. Leather in the latter end of the first Sect. doth restrain all persons except Tanners to Bargain for, Hides to be purchased by any or buy any Hides of Bull, Steer, Ox Cow, etc. being inconvenient in regard they are many times given in Barter for Shoe, etc. The said Clause in that Law, by the Authority of this Court is hereby Repealed. Whereas the Laws already made to prevent the Transportation of the Hides of the growth of this Colony, do not reach the End, for want of a full and due Execution; This Court doth therefore Authorise and appoint the Freemen of every Seaport Town within this Jurisdiction, to Chose a meet and sufficient person from amongst themselves yearly, to whom all persons shall repair who intent the transporting of any Raw or Ruff Hides, and shall make proof whence such Hides so to be transported came, and that they are not of the growth of, nor killed in this Colony, and shall take a note from the person so Authorized of the number of Hides that he intends to transport, paying one penny to the abovesaid person for every such Hide. Hides of the Country's growth not to be transported out of the Jurisdiction on penalty etc. And it is hereby Ordered, That no person shall ship or transport any Hides whatsoever out of this Jurisdiction, without licence from the person so Authorized, upon penalty of losing of such Hides so shipped: nor shall any Master, Purser or any other person belonging to any Ship or Vessel within this Colony, receive on Board any Raw or Ruff Hides without a Note or Ticket from the person so appointed first appearing, upon the penalty of paying ten shillings for every Hid so shipped: And such person Authorized as abovesaid, shall have power by himself or whom he shall appoint, to make search in any Ship or Cask, wherein they suspect any Hides to be Laden contrary to this Order, and shall make seizure thereof, and the penalties and forfeitures shall be the one third to the seizer, one third to the Country, and one third to the Town from whence such Hides are shipped. And it is further Ordered, that the persons chosen as abovesaid, shall be sworn to a faithful discharge of their duty herein. INDIANS PORK. WHereas the Indians that border upon the English Towns within this Jurisdiction, do frequently sell Pork to the English, and there is ground to suspect that some of the Indians do steal and sell the English men's Swine; For prevention whereof; This Court doth Order and Enact, That all English men do henceforth mark their Swine with some Ear-mark, or if they neglect the same, it shall be reckoned as the loss of their propriety in them. And it is further Ordered; That, no Indian within this Jurisdiction shall mark any Swine upon the Ears, and that all Indians who bring Pork unto the English to sell, Order to prevent Indians stealing Englishmen Swine are required to bring with them the Swine's Ears whole, otherwise, or if the ears be marked, it is in the liberty of any person to seize upon such Pork tendered to fell, and the same to be forfeited, the one half to the Seizer, the other half to the poor of the place where it is seized, to be distributed by the Select-men to them: And it is further Ordered; That this Law be forthwith Printed, Published and Declared to all the Indians within this Jurisdiction in the Indian Language, that they may attend the same; And this Law to take place and commence eight Months afrer publication hereof. SCOLDS. Whereas there is no express punishment (by any Law hitherto established) affixed to the evil practice of sundry persons by Exorbitancy of the Tongue, in Railing and Scolding; It is therefore Ordered; That all such persons convicted before any Court or Magistrate, that hath proper cognizance of the case, shall be Gagged, Punishment for Railing or Scolding or set in a Ducking-stool, and dipped over Head and Ears three times in some convenient place of fresh or salt-water, as the Court or Magistrate shall Judge meet. Whether S shipping Goods upon B to be delivered to R beyond the Sea, the said R paying fraight, and the said B upon his arrival at the Port tendering the said Goods to R, Resolution of a Question as to Fraight and the said R refusing to meddle with the said Goods and to pay fraight, whether the said B can recover his freight for the said Goods of the said S, the said Good being left in a safe hand by good advice by the said B, or whether the said B ought not to have satisfied himself for his freight out of the said Goods without molesting the said S? The Court resolves this Question, that S is not liable to pay fraight unto B, but B to satisfy himself for the freight out of the Goods. Whether all Reviews are to be Entered and Prosecuted in that Court where the Action was at first commenced? Where reviews are to be tried. The Court resolves the Question on the Affirmative. Whether upon an Action of Review, the Costs of former Courts where the Action hath been tried, shall be granted for whom Judgement is given? The Court Resolves this on the Negative. Whether the Law tit. Possessions intent the confirmation of Land to the Possessor, Possession according to Law gives title, etc. where the Grant of the said Land was to another person, and the Possessor nothing to show for the alienation thereof but his Possession according to that Law? The Court resolves this on the Affirmative. FINIS.