B aia [i4li4i^il!ll|i.i!!liyili4lM FROJVTISPIECE. The Constable seizing a tobacco taker. See tlie prohibition of tobacco chewing, page 96. | THE CODE OF a^i%4 BEI.NO ▲ COMflLATrON OF TH£ EARLIEST LAWS AND ORDERS OF THE GENERAL COURT OF CONNECTICUT: ALSO, THE CONSTITUTION, OR CIVIL COMPACT, ENTERED INTO AND ADOPTED BY THE TOWNS OF WINDSOR, HARTFORD, AND WETHERSFIELD IN ] 638-9. 7'0 WHICH IS ADDED SOME EXTRACTS FROM THE LAWS AND JUDICIAL PROCEEDINGS OF NEW-HAVEN COLONY COMMO.'fLT CALLED HARTFORD PVBLISHED BY SILAS ANDRUS. 1830. DISTRICT OF CONNECTICUT, ss. T gT>E IT REMEMBERED, That on the first day of * 'J3 January, in the forty-sixth year of the Indepen- dence of the United States of America, Silas Andrus, of the said district, has deposited in this office the title of a book, the right wliereof he claims as proprietor, in the words following, to wit : " The code of 1650, being a com- pilation of the earliest laws and orders of the General Court of Connecticut. Also, the Constitution, or civil com- pact, entered into and adopted by the towns of Windsor, Hartford and Wethersfield, in 1638-9. To which is added, some extracts from the laws and judicial proceedings of New-Haven colony, commonly called blue laws." In conformity to the act of the Congress of the United States, entitled, " An act for the encouragement of learn- ing, by securing the copies of Maps, Charts and Books, to the authors and proprietors of such cojiies, during the times therein mentioned." CHARLES A. INGERSOLL, Clerk of the District of Connecticut. A true copy of Record, examined and :=ealed by me, CHARLES A. INGERSOLL, Clerk of the Di.sTrict of Connecticut. ADVERTISEMENT. The following sheets contain an exact copy of the con stitution, or form of civil government, as adopted by the towns of Windsor, Hartford and Wethersfield, and the Code of 1650, as confirmed by the General Court of Con- necticut. These were both taken from the original re- cords remaining in the office of the Secretary for the State. Much time and accuracy were required to obtain an ex- act copy, on account of the orthography, and particularly for the reason, that the record, in some parts, was nearly obUterated, and in others, totally gone. Other parts of the record, therefore, have been resorted to, and the copy rendered complete. The ancient orthography has been accurately preserved. This small volume is offered to the public, without apo- logy or comment : nor does the publisher deem it neces- sary to detail the reasons whicli induced him to undertake the publication. Only, suffice it to say, that the first re- vision of the early laws of Connecticut, w^as never before printed. Prior to the revision of 1672, which was printed in 1675, the laws and orders of the General Court, were promulgated only by manuscript copies. They were re- corded in the public records of the court, and also in the town records, and it was made the duty of the constables of the several towns, to publish such laws as should be made from time to time, and, annually to read the capital laws at some public meeting. To this Code may be traced the origin of almost all our civil and religious institutions. Oin- ancestors have tlius^ in a great measure, transmitted to their posterity their pre- sent customs, manners, and civil and rehgious o})inion». The laws were few and sinjple, yet they were such as the exigences of the commonwealth required, and such as may be supposed to exist in the ijifancy of civil gov«rn- menrst. AN INDEX TO THE PRINCIPAL MATTERS. Actions Civil, proceedings on the trial of, by jury. 60, 61 court may vary the verdict of the jur}'. - - 61 Adultery, how punishable. - * - • 28 Age and ability of persons. - - - 20, 21 Arrests, the person not to be arrested or imprisoned for oebt, if sufficient estate can be found. - - - - 21 debtors not to remain in prison, unless estate be concealed. ib. Assembly General, at what times to be liolden. - 12 of what officers and persons constituted - - 12,14 powers of - - - . . 12, 14, 17 members of, when and how chosen. - • 12 how convened. - - - - 14 stated and special sessions of, when called by the freemen. 14, 15 powers of such courts. - - - - 15 ^5«g-nmen< in sfrw/ce, of poor debtors, when authorized. - 21 Attachment, for contempt of court, when to be issued. - 22 of lands or estate, when authorized. - - - ib. to be made for the benefit of all or any of the creditors. - ib. if oppressive, the party to pay damages. - - 22,23 notice to the defendant, what. ... 03 Ballast, not to be taken from any shore, or tlirown into any harbour ... . . 23, 24 Barratry, defined and punishable. - . - 24 Beastiality, how punishable. - - • - 2a Bills, assignable. - - ... 24 Births, to be recorded. - - • . • 86 Blasphemy how punishable. • • • 28 Bounds oj" towns to be set out. - - - « 25 to be renewed and perambulation performed,' je&rly - ib. of lands of individuals, to be perambulated. • ib. Burglary, how punishable, - . - 26 Capital Laws. - - - - 20, 29 Casks, assize of - ... . 31 Cattle to be ear-marked. - - - - . 33 Caveat may be entered with the register, against the alienation of lands of fraudulent or insolvent debtors — effect thereof — and mode of proceeding in such cases. - - 35, 36, 37 Children, hov/ to be instructed. ... 33^ 39 when to be bound to masters. - - - 39 to be bred to some employment. - - - 39 Church, members of, amenable to the civil power for ecclesiasti- cal offences. - - . . 44 45 censure of not to degrade any one from any civil dignity. 4.5 Co?nrnmio«€rs, form of oath of, prescribed. - . 77 Cnmmon Coasters, punij:hable for idleness. - - 50 INDEX. Common Fiehh. bon- to be improved. - - - S4 provisions relating to fences and damage done liieiein. 34, 35 individuals may inclose tlieir own grounds. - - 35 -C'on.i»i€5 and Pwms/twjen^s, Burglary how punishable: - 2S Robbery. - - ' - • - ib. theft atid pilfering. - - - - - 26, 27 jurisdiction of magistrates in case of theft. - - 27 heresy — witchcraft — blasphemy — murder — poisoning — beasliality — sodomy — adultery, how punishable. - - 28 rape — manstealing— false witness — conspiracy — invasion and re- bellion— cursing of parents, — how punishable. - 29 stubbornness how punishable. - - - 29, oO lascivious carriage, how punishable. - - 30 forgery, how punishable. - - - - 47 fornication, how punishable. - _ - - 48 gaming how punishable. .... ijj_ proceedings against persons charged with capital crimes withdraw- ing them.selves from justice. - - - - 60 their withdrawing to stand instead of one witness. - ib. manslaugluer, what. - - - - 66 Cruelty not to be exercised towards any beast kept for the ute of man. ^ - - - - 42 Cursi7ig^ of Parents, how punishable. - - - 29 Deaths, to be recorded. - - - - - 86 Delinquents, in what cases they may be arrested without war- rant, and in what not. - ' - - - - 40, 41 Delinquents, committed, liable to pay costs of prosecution, and prison fees. . - " - - . - 42 judgment against by whom to be executed. - - 45, 46 Deputies from the several towns, to attend the general courts. 14 how and by whom chosen. - j - 15 their qualifications. . . - . . ib. number of from each town. - - - 15,16 their power. - - . - - 16 vacancies liow supplied. - - - - ib. meeting of, previous to any general court, and to examine their own elections. - - - ' - - ib. Djsttbilitij of persons convicted of scandalous offences. - 98 •^«rM5--conveyai-5— jury of what number to consist. - 60 tv)o thirds of their number may return a verdict. - 61 special verdict. - - - - ■ ih. may be returned to a second consideration. - - ib. when a second jury may be impannelled. - - ib. foiTn of jurors oath prescribed. • - - '•'7 hand, bounds of, to be perambulated, and meav-stones erected and preserved. - - - - 25, 26 free from feudal burthens. . - - - 62 grants of to be recorded. ... 86, 87 Lascivious Carriage, how punishable. . - - 30 Jjying, punishable. - - - • - 64, 65 Jt/«g-/.s' Witchcraft, how punishable. . - - 2IJ Wolves, bounty allowed for the destruction of. - 101 Worship, Christian, neglect of, punishable. - . 44 public, guards at places of. .... 48 Wrecks, persons and goods wrecked, to be releived and preserved. 101 ^©if s^a^^^^^sr mw )k%m^ Fforasmuch as it hath pleased the Almighty God, by the wise disposition of his divine providence, so to order and dispose of things, that we the Inhabitants and resi- dents of Windsor, Hartford and Weathers- feild, are now cohabiting, and dwelling in and uppon the river of Conneticutt, and the lands thereunto adjoining, and well knowing when a people are gathered to- gether, the word of God requires, that to meinteine the peace and union of such a people, there should bee an orderly and decent governement established ac- cording to God, to order and dispose of the affaires of the people at all seasons, as occassion shall require; doe therefore associate and conjoine ourselves to bee as one publique State or Commonwealth; and doe for ourselves and our successors, and such as shall bee adjoined to us at any time hereafter, enter into combina- tion and confederation together, to mein- teine and preserve the libberly and purity of the Gospell ot'our Lord Jesus, which we now profess, as also the disciphue of the churches, which, according to the truth of the said Gospell, is now practis- ed amongst us; as allso in our civill affaires to be guided and governed ac- cording to such lawes, rules, orders, and decrees, as shall bee made, ordered, and decreed, as folio weth: 1 . It is ordered^ sentenced and decreed^ That there shall bee yearly two General} Assembly's or Courts, the one the second Thursday in Aprill, the other the second Thursday in September following : The first shall bee called the Courte of Election, where- in shall bee yearely chosen, from time to time, so many magistrates and other publique officers, as shall bee found requisite, whereof one to be chosen Governor for the ycare ensuing, and until! another bee chosen, and no other magistrate to bee chosen for more then one yeare *, provided always, there bee six chosen besides the Governor, which being chosen and swbrne according to aii oath recorded for that purpose, shall have power to administer justice according to the lawes here established, and ior want thereof, according to the rule of the word of God ; which choyce shall bee made by all that are admitted Freemen, and have taken the oath of fidelity, and do cohabit within ttiis jurissdiction, hav- ing beene admitted inhabitants by the major parte of the town where they live or the major parte of 6uch as shall bee then present. 2. It is ordered, sentenced^ and decreed, That the Eleciipn of the aforesaid magistrate shall bee on tlus manner ; every person present and qualified for cho}xe, shall bring in (to the persons deputed to receive thenn) one single paper, with the name of him written in it whom he desires to have Gov- ernor, and hee that hath the greatest number of pa- pers shall bee Governor for that yeare : And the rest of the Magistrates or publique officers, to be chosen in this manner ; the Secretary for the time being, shall first read the names of all that are to bee put to choyce, and then shall severally nominate them distinctly, and every one that would have the person nominated to bee chosen, shall bring in one single paper written uppon, and hee that would not have him chosen, shall bring in a blanke, and eve- ry one that hath more written papers than blanks, shall bee a magistrate for that yeare, which papers shall bee received and told by one or more that shall bee then chosen, by the Courte, and sworn to bee faithfull therein ; but in case there should not bee six persons as aforesaid, besides the Gov- ernor, out of those which are nominated, then hee or they which have the most written papers, shall bee a Magistrate or Magistrates for the ensuing yeare, to make up the aforesaid number. 3. It is ordered, sentenced, and decreed, That the Secretary shall not nominate any person, nor shall any person bee chosen newly into the Magistracy. which was not propounded in some General Courte before, to bee nominated the next eleation : And to that end, it shall be lawfull for each of the Townes aforesaid, by theire Deputies, to nominate any two whoe they conceive fitt to be put to election, and the Courte may add so many more as they judge requisite. 4, It is ordered, sentenced and decreed, That no person bee chosen Governor above once in two 14 J ears, and that the Governor bee always a member of some approved congregation, and formerly of the magistracy, within this Jurissdiction, and all the Magistrates, tfreemen of this Commonwealth ; and that no Magistrate or other publicjue Officer, shall execute any parte of his or theire office before they are severally sworne, which shall bee done in the face of theCourte, if they bee present, and in case of absence, by some deputed for that purpose. 5. // is ordered, sentenced and decreed, That to the aforesaid Courte of Election, the severall Townes shall send theire Deputyes, and when the Elections are ended they may proceed in any publique ser\ - ice, as at other Courtcs ; allso, the other General! Courte in September, shall bee for making of lawes and any other pubhque occassion, which concerns the good of the Commonwealth. 6. It is ordered, sentenced, and decreed, That the Governor shall, either by himselfe or by the Secre- tary, send out summons to the Constables of every Towne, for the calliii^ of these two standing Courts, one month at least before theire severall times ; And allso, if the Governor and the greatest parte of the magistrates see cause, uppon any speciall oc- cassion, to call a Generall Courte, they may give order to the Secretary so to doe, within fourteene dayes warning, and if urgent necessity so require, uppon a shorter notice, giving sufficient grounds for it, to the Deputy?, when they meete, or else, bee questioned for the same ; and if the Governor and major parte of the Magistrates, shall either neg- lect or refuse, to call the two Generall standing Courts, or either of them;: as allso, at other times, -when the occassions of the Commonwealth require ; the Freemen thereof, or the major parte of them, shall petition to them so to doe, if then it bee either 15 denied or neglected, the said Freemen or the nnajor parte of them, shall have power to give order to the Constables of the severall Towns to doe the same, and so many meete togctlier and choose to themselves a moderator, and may proceed to doe any act of power which any other Generall Courte may. 7. It is ordered, sentenced and decreed, That af- ter there are warrants given out for any of the said Generall Courts, the Constable or Constables of each Towne shall forthwith give notice distinctly to the inhabitants of the same, in some publique As- sembly, or by going or sending from howse to howse, that at a place and time, by him or them limited and sett, they meete and assemble them- selves together, to elect and choose certaine Dep- uties to bee at the Generall Courte then following, to agitate the affaires of the Commonwealth ; which said Deputies, shall bee chosen by all that are ad- mitted inhabitants in the severall Towns and have taken the oath of fidelity : provided, that none bee chosen a Deputyc for any Generall Courte which is not a Freeman of this Commonwealth : The afore- said Deputyes shall bee chosen in manner follow- ing; Every person that is present and qualified as before expressed, shall bring the names of such written in severall papers, as ihey desire to have chosen, lor that employment : and these three or foure, more or less, being the number agreed on to bee chosen, for that time, that have greatest num- ber of papers written for tliem, shall bee Deputyes for that Courte ; whose names shall be indorsed on the backside of the warrant and returned into the Courte, with the Constable or Constables hand un- to the same. 8. li is ordered, sentencrd and decreed. That IG Wyndsor, Ilarllord and Weathersfcild. shall have power, each Towne, to send foure of Iheire F^ree- men as theire Deputyes, to every Gcnerall Courte, and whatsoever other Townes shall hec hereafter added to this Jurissdiction, they shall send so niany Deputyes, as the Courte shall judge meete : a rea- sonable proportion to the number of Freemen, that are in the said Towns, being to bee attended there- in; which Deputyes shall have the power of the whole Towne, to give theire voates and allowance to all such lawes and orders, as may bee for the publique good, and unto which the said Towns are to bee bound : And it is allso ordered, that if any Deputyes shall bee absent uppon such occassions, as the Governor for the time being, shall approve of, or by the Providence of God, shall decease this life within the adjournment of any Courte, that it shall bee at the libbertye of the Governor to send forth a warrant, in such case, for supply thereof up- pon reasonable warning. 9. li is ordered^ sentenced and decreed^ That the Deputyes thus chosen, shall have power and libber- ty, to appoint a time and place of meeting togeth- er, before any Generall Courte, to advise and con- suite of all such thinges as may concerne the good of the publique ; as allso to examine theire owno Elections, whether according to the order ; and ii they or the greatest parte of them., fmde any elec- tion to be illegall, they may seclude such for pres- ent, from theire mcetinge, and returne the same and theire reasons to the Courte ; and if it proove tru*. . the Courte may fyne the party or partycs so intru- ding, and the Towne if they see cause, and give out a warrant to goe to a new election in a legal! way, either in parte or in whole. Allso the said Deputyes shall liave power to fvne any that shall 17 bee disorderly at theire meeting, or lor not coming in due time or place, according to appointment, and they may leturne the said fyne into the Courte, if it bee refused to bee paid, and the Treasurer to take notice of it, and to estreite or levye as hee doth other fynes. 10. It is ordered, sentenced and decreed, That ev- ery generall Courte (except such as through neg- lect of the Governor and the greatest parte of Ma- gistrates, the Freemen themselves doe call,) shall consiste of the Governor or some one chosen to moderate the Courte, and foure other Magistrates at least, with the major parte of the Deputyes of the several Towns legally chosen, and in case the Freemen or the major parte of them, through neg- lect or refusall of the Governor and major parte of the Magistrates, shall call a Courte, it shall consiste of the maj»r parte of Freemen, that are present, or their Deputyes, with a moderator chosen by them, in which said Generall Courts, shall consiste the Su- preme power of the Commonwealth, and they onc- Ij shall have power to make lawes and repeale them, to graunt levycs, to admitt of Freemen, dis- pose of lands undisposed of, to severall Towns or persons ; and allso, shall have power to call either Courte or Magistrate, or any other person wliatso- cver into question, for any misdemeanor, and may for such cause, displace, or deale otherwise, accord- ing to the nature of the oflence ; and allso may deale in any other matter that concernes the good of this Commonvrealth, except election of Magistrates, which shall bee done by the whole body of Ffree- men ; in which Courts the Governor or Moderator ihall have the power to order the Courte, to give libbertye of Speech, Und silence unreasonable and disorderly speaking, to put all things to voate. and ill case the voale bee equal!, to have the casting voice : But none of these Courts shall bee adjourn- ed or dissolved without the consent of the major parte of the Courte. Provided, notwithstanding, that the Governor or Deputy Governor, with two Magistrates shall have power to kecpe a Perticular Courte accord- ing to the lawes established : And in case the Gover- nor or Deputy Governor bee absent, or some way or other incapable either to sitt or to bee present ; if three Magistrates meete and chuse one of them- selves to bee a Moderator, they may keepe a Per- ticular Courte, which to all ends and purposes shall bee deemed as legall as though the Governor or Deputy did sitt in Courte. 11, It is ordered, sentenced, and decreed, That when any Generall Courte, uppon the occassions of the Commonwealth, have agreed uppon any summ or summs of monye, to be levyed ^ippon the severall Townes within this Jurissdiction, that a Comittee bee chosen, to sett out and appoint, what shall bee the proportion of every Towne to pay of the said levye ; Provided the Comittee bee made up of an equall number out of each Towne.(l) Fforasmuch as the free fruition of such libberties, immunities, priviledges, as humanity, civility and Christianity call for, as due to every man in his place and proportion, without impeachment and infringement, hath ever beene and ever will bee the tranquillity and stabillity of Churches and Commonwealths ; and the denyall or deprivall thereof, the disturbance, if not ruine of both : 12. It is thereof ordered hy this Courte, and au- (1) The eleven precedinj^ sections were " voated" or enact- ed at a General Courte, held Janimry 14th, 1638 ; and the following provision was added at the revision in 1650. 19 ihoriiy thereof, That no man's life shall bee taken away ; no man's honor or good name shall be stain- ed; no man's person shall bee arrested, restreined, bannished, dismembred, nor any way puiinished ; no man shall bee deprived of his wife or children ; no man's goods or estate shall bee taken away from him nor any ways indammagcd, under colour of law, or countenance of authority ; unless it bee by the vertue or equity of some express law of the Country vrarranting the same, estabhshed by a Generall Courte and sufficiently published, or in case of the defect of a law, in any perticular case, bv the word of God. (&%mm %w ^m%^ ^H9t ABILITF. It is ordered by this Courte, that all persons of the age of twenty-one years, and of right under- standing and memorye, whether excommunicated, condemned or otherw- ys, have full power and lib' berty to make their Wills, Testaments, and other lawfully Alienations of their goods and estates, and may bee plaintiffs in a civill Case. 1 Eleusine exciverat. Vu]g6 Eleusi miitavit J. Gr on vius, figijFmantque Flor. et Reus isc.in quibus inendo se ACTIONS. Rhenanum ducenta milHa i)raeferunt. Joscplius, Zonaras It is further ordered and decreed^ That in all Ac- lions brought to any Courte, the Plaintiff ahall have libberty to withdraw his Action, or to be nonsuted before the Jury have given in theire verdict, in which case, hee shall always pay full costs and charges to the defendant, and may afterwards re- new his sute at another Courto, the former nonsute being first recorded. 21 AGE. It is ordered by this Courte and the authority i/ure- of, that the Age for passing away of lands or such* kinde of hereditaments, or for giving of voates, or sentences in any Civill Courts or Causes, shall bee twenty and one yeares ; but in case of choosing of Guardians, fourteene years. ARRESTS. It is ordered^ and decreed by this Court and au' ihority thereof, That no person shall bee Arrested or imprisoned for any debt or fyne, if the law can find any competent means of satisfaction otherwise, from his estate, and if not, his person may bee ar- rested and imprisoned, where hee shall bee kept al his owne charge, not the plaintiffs, till satisfaction bee made, unless the Courte that had cognicance of tlie cause, or some superior Courte, shall otherwise determine. Provided, nevertheless, that no man's person shall bee kept in prison for debt, but when there appears some estate which hee will not pro- duce; to which end, any Courte or Commissioners authorized by the Generall Courte, may administer nn oath to the partye, or any others suspected to bee privy in concealing his estate, hee shall sat- isfye by service, if the creditor require it ; but shall not bee sould to any, but of the English nation. ATTACHEMENT. It is ordered, sentenced, and decreed, That the or- dinary summons or process for the present, within this Jurissdiction, and untill other provision made In the contrary, bee a warrant, fairely written, un- der some Magistrate or Magistrates haiid or hands, mentioning the time and place of appearance, and if the said partje or partjes do not appeare ac- cording to the said warrant or summons, uppon j^ffidavitt first made, of the serving of the said person or persons, the Courte shall graunt an at- tachement against the person or persons delin- quent, to arrest or aprehend the said person or persons for his or theire willfull contempt, and in case no sufficient securitye or bayle bee ten- dred, to imprison the said partye or party es re- turneable the next Courte, that is capeable to take cogniscance of the said business in question, and uppon returne of the said Attachement, the said Courte to doe therein, as according to the laws and orders of this Jurissdiction, and in that case allso, the party delinquent to bear his owne charges. It is allso ordered^ That attachements to seize uppon any man's lands or estate bee onely graunt- ed for, or against, such goods as are tlorreigner's, and doe not dwell or inhabitt within this Juriss- diction : or, in case uppon credible information it appeare, that any inhabitant that is indebted, or ingaged, go about to convey away his estate to defraud his creditors, or to convey away his person out of this Jurissdiction, so as the process of this Jurissdiction may not bee served uppou his person, in that or any other just cases, there may bee Attachement, or Attachements graunted uppon the limitations expressed ; provided, that in all cases of Attachements, all or any of tlie creditors have libberty to declare uppon the said Attachement, if hee come in at the return of tlie said Attachement ; provided allso, that if any At- tachement. laid uppo;i any man's estate upoon a 23 pretence of a great summ ; and if it bee not prov« ed to bee due, in some neare portion to the summ challenged, and mentioned in the Attachement, then the security given shall bee lyable to such dammages as are susteined thereby. It is further ordered and decreed by this Courie, That whosoever takes out an Attachement against any man's person, goods, chatties, lands or heredit- aments, sufficient security «nd caution shall bee given by him to prosecute his action in the next courte, and to answer the defendant such costs as shall bee awarded to him by the Courte ; and in all Attachements of goods, or lands, legall notice shall bee given unto the partye, or left in writ- ing at his howse or place of usual abode, if hee live within this Jurissdiction ; otherwise, his sute shall not proceed : ^nd it is further ordered and declared, That every man shall have libberty to re- plevye his cattle or goods impounded, distreined, seized or extended (unless it bee uppon execution after judgement, and in payment of ffynes :) provid- ed in like manner hee put in good securitye to pros- ecute his replevye, and to satisfie such dammages, demaunds, or dues as his adversary shall recover against him in lawe. BALLAST. It is ordered by this Courte and Authority thereof. That no ballast shall bee taken from any shoare in any Towne within this Jurissdiction by any person whatsoever, without allowance under the hands of those men that are to order the atiaires in each Towne, uppon the penalty of six pence for every shovell full so taken ; unless such stones as they had laid there before : It is allso ordered by the author- 24 ity aforesaid^ That no shipp nor other vessell shall cast out any Ballast in the channell or other place inconvenient, in any harbor within this Jurissdic* tion ; uppon the penalty of Ten Pounds. BARRATRY. li is ordered^ decreed^ and hy this Courte declared^ That, if any man bee proved and adjudged a com- mon Barrater vexing others with unjust, frequent, and needless sutes ; it shall bee in the power of Courtes, both, to reject his cause, and to punnish him for Barratry. BILLS. It is ordered by the authority of this Courte -, That any Debt or Debts due uppon Bill or other speciali- ty, assigned to another, shall bee 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 bee lawfuU for the said assignee, to sue for and recover the said Debt due uppon Bill and so assigned, as fully as the originall Creditor might have done : provided the said assignment be made uppon the backside of the Bill or speciality, not excluding any just or cleare interest any man may have in any Bills or specialtyes made over to them by Let- ters of Attorneye, or otherwise. BOUNDS OF TOWNES AND TERTICULAR LANDS. Fforasmuch as the Bounds of Townes and of tlie lands of perticular persons are carefully to bee meinteined, and not without great danger to bee removed by any ; wliicti notwithstanding, by de- ticiency and decay of markes, may at unawares bee done, whereby great jealousies of persons, trouble in Tov/nes, and incunibranccs in Courtes, doe often arise, whicli by due care and meancs might pe prevented : It is therefore ordered by ihis Courte and aidhori- t.ij thereof. That every Towne shall sett out their liounds within twelve months after the pubHsliing liereof, and after their Bounds are graunted, and that when theire Bounds are once sett out, once in ilie yeare, three or more persons in the Xowne ap- pointed by the Select men, shall appoirfe with the adjacent Townes, to goe the Bounds bctv,ixt theire ;id Tov/nes, and renew their marke?, wliich markes shall bee a great heape of Stones, or a trench of six foott long and two foott broad, the most an- ' icnt Towne (which for the River is determined l)y the Courte to bee Weathersfeild.) to give notice of the time and plage of meeting for this perambu- lation, which time shall bee in the first or second month, uppon paine of live pounds for e\Qvy Towne lliat shall neglet the same ; provided, that the three men appointed for peranibukition shall goe in theire -overall quarters, by order of the select men, and at the charge of the severall Townes : And it is further ordered. That if any perticular proprietor of lands lying in connnon with others, shall rcllise to goe by himsellc or his assigne, the Bounds betwixt his land and other m.ens, once a } care, in the iirstor second month, beeing request- ' d thereu.nto, uppon one weekes warning, hee shall T'-rfeil for every day so neglecting, {qw shillings, ilfc to the party mooving thereto, the other hahe 10 the Towne ; and the owners of all impropriated 3 grounds shall Bound every perticular parcel! there- of with sufficien-t meare-stones and shall preserve and keepe them so, uppon the former penalty. BURGLARY AND THEFT. Fforasmuch as many persons of late yea res have beene and are apt to be injurious to the goods and lives of others, notwithstanding all care and _ meanes to prevent and punish the same ; It is therefore ordered by this Courte and authority thereof That if any person shall committ Burglary by breaking up any dwelling howsc, or shall robbany person in the feild, or highwayes, such a person so offending, shall, for the lirst offence, bee branded on the forehead with the letter (B) ; if hce shall of- fend in the same kinde, the second time, hee shall bee branded as before, and allso, bee severely whipped ; and if hee shall fall into the same offence the third time, hee shall bee put to death as being in- corrigible ; and if any person shall committ such Burglary, or rob in the feilds or howse on the Lords day, besides the former punishments, hee shall for the first offence have one of his eares cutt of, and for the second offence in the same kinde, he shall looss his other eare in the same manner; and if hee fall into the same offence the third time, hee shall bee put to death. Secondly, for the prevention of pillfring and Theft. // is ordered by this Conrte and authority thereof That if any person, wdiether children, servants or others, shall bee taken or known to robb any orch- yards or garden, that shall liuite or stcale away anv grafts or iruite trees, fruits, linnen, woollen, or aiiV other goods left out in orchyards, gardens, back- sides, or other place, in howse or feilds, or shall steale any wood, or other goods from the water side, from mens dores or yards, hee shall forfeitt treble dammage to the owners thereof, and such seveere punnishment as the Courte shall thinke meete. Aiid forasmuch as many times it so falls out, that small thefts and other ofiences of a criminall na- ture are committed, both by English and Indians in Townes remote from any prison, or other fitt place, to which such malefactors may bee com- mitted till the next Courte ; It is therefore hereby ordered, That any Magis- trate uppon complaint made to him, may heare, and uppon due proofc determine, any such small offen- ces of the aforesaid nature, according to the lawes heere established, and give warrant to the Consta- ble of that Towne where the offender lives, to lev- ye the same : provided the damage or tyne exceed not forty shillings ; provided allso, it shall bee law- full for either partye to appeal to the next Courte to bee holden in that Jurissdiction, giving sufficient caution to prosecute the same to effect, at the said Courte ; and every magistrate shall make returne yearly to the Courte of the Jurissdiction wherein liec liveth, of what cases he hath so ended ; and allso the Constable, of all such fynes as they have leceived, and where the offender hath nothing to satistie, such Magistrate may punnish by stocks or whipping as the cause shall deserve. It is allso ordered that all servants or workemen imbeazling the goods of theire masters, or such as sett them on worke, shall make restitution and bee lyable to all lawes and penaltyes, as other men. CAPITALL LAWES. 1. If any man after Icgall conviction, shall have or vi'orship any olht^r God but the Lord God, hee shall hee put\o death. Deut. 13. 6 — 17. 2. — Ex- odus 22. 20. 2. If any man or woman bee a Witch, that is, hath or consulteth with a familhar spirritt, they shall bee put to death. Exodus 22. 18. — Lcvit. 20. 27.— Deut. 18. 10, n. 3. If any person shall l)]aspheme the name of God the ffather, Sonne or holy Gliost, wqth direct, express, presumptuous or highhanded blasphemy, or shall curse in the like manner, hee shall bee put to death. Lev. 24. 15, 16. 4. If any person shall committ any willfull mur- Iher, which is mansJaughter committed uppon mal- ice, hatred or cruelty, not in a man's necessary and just defence, nor by mere causualty against his will, hee shall be put to death. Exo. 21. 12, 13, 14. — Numb. 35. 30, 31. 5. If any person shall slay another through guile, either by poisonings or other such Devellish prac- tice, hee shall bee put to death. Exo. 21. 14. 6. If any man or woman shall lye with any beast or bruite creature, by carnal! copulation, they sball surely bee put to death, and the beast shall he slaine and buried. Levit. 20. 15, 16. 7. If any man lyeth with mankind as hee lyeth with w^oman, both of them have committed abomi- nation, they both shall surely be put to death. — Levit.' 20. "13. 8. If any person committeth adultery with a mar ried or espoused wife, the Adulterer and the Adul- teress shall surely bee put to death. Levit. 20. 10, and 18. 20,— Deut. 22. 23, 24. 29 9. If any man shall forcibly, and without consent, Ravish any maide, or woman that is lawfully mar- lied or contracted, hce shall bee putt to death. — Deut. 22. 2.5. 10. If any man stealcth a man or mankinde, hec shall bee put to death. — Exodus 21. 'iQ. n . If any man rise up by false wittness, witting- ly and of purpose to take away any man's life, hee shall be put to death.— Deut. 19. 16. 18. 19. 12. If any man shall conspire or attempt any in- vasion, insurrection or rebellion against the Com- monwealth, hec shall bee put (o death. 13. If any Childe or Children above sixteene years old and of suffitient understanding, shall Curse or smite their naturall father or mother, hee or they shall bee put to death; unless it can bee sufficiently testified that the parents have beeno very unchristianly negligent in the education of such children, or so provoke them by extreme and cruell j:orrection that they have beene forced thereunto to preserve themselves from death, maiming. — Exo. 21. 17.— Levit. 20.— Ex. 21. lo. 11. If any man have a stubborne and rebel- h'ous Sonne of sufficient yeares and understand- ing, viz. Sixteene yeares of age, which will not obey the voice of his father or the voice of his mother, and that when they have chastened him >viil not hearken unto them : then may his tJa- ther and mother, being his naturall parents, lay hold on him and bring him to the Magistrates assembled in Courte, and testifie unto them, that theire sonne is stubborne and rebellious and will not obey theire voice and Chastisement, but lives in sundry notorious Crimes, such a sonne shall bee put to death. Ditt. 21. 20, 21. 3* It is allso ordered by this Courle, and authority thereof, That whatsoever Childe or servant within these Libberties, shall bee convicted of any stub- borne, or rebellious carriage against their parents or governors, which is a forrunner of the aforemen- tioned evills ; the Governor or any two Magistrates have libberty, and power from this Coiirte, to com- mitt such person or persons to the House of Cor- rection ; and there to remainc under hard labour, and severe punnishment so lojig as (he Courte, or the major parte of the Magistrates, shall judge meete. And whereas frequent experience, gives in sad ev- idence of severall other wayes of uncleanes, and lascivious carriages, practised amongst us ; where- unto in regarde of the variety of circumstances, perticular and express lawes and orders cannott suddenly be suted ; this Courte cannott but looke upon evills in that kinde, as very pernitious and destructive to the wellfarc of this Commonwealth : - And, doe judge, that severe and sharpe punnish- ment, should bee inflicted uppon such delinquents ; And as they dae approve of what hath becne al- ready done, by tiie perticular Courte, as agreeing with the Generall power formerly graunted 5 so they doe hereby confn'mc the same power to the perticular Courte ; whoe may proceed either by lyne, committing to the house of correction, or other corporall punnishment, according to theire discretion; desiring such seasonable and exempla- ry executions, may bee done upon offenders in that kinde. that others mav hcaro and fenre. 31 CASCK AND COOPER. It is ordered by this Courte and Authority tJttreof. That all Casck used for Tarr or other commoditN f s to bee put to sale, sliali bee assized as followelh : viz : Ever}' Casck, commoiiij called barrills, oi halfe-hogs heads, shall contain twenty eight gallon- wine measure, and other vessells proportionable : and that titt persons shall he appointed from time to tinne, in all placess needfnll to gage all such ves- sells or Cascks, and such as shall be found of due assize shall be marked with the gagers markc and no other, who shall have for his paines foure pence for every Tunn, and so proportionably. And, It is also ordered, that every Cooper shall have a distinct brand-marke, on his owne Casck, upon paine of forfeiture of Twenty shillings in ei- ther case, and so proportionably for lesser vessells. CATTLE, CORNEFEILDS, FFENCE.S. Fforasmuch as complaints have beene made of a very evill practise of .some disordered persons in the country whoc use to take other mens horses, sometimes upon the Commons, sometimes out ot theire owne cjrounds, common feilds, and inclos- ures, and ride them at. tlicire pleasure, without any leave or privity of tlieire owners : It is therifore ordered and Enacted, by the au- thority of this Courtc, that whosoever shall take any other mans Horse, Mare, or Drawing Beast, out of his inclosure, uppon any Common, out of any common-feild or elsewhere ; Except such bee taken dammage-faisant. and disposed of according to 32 law, without leave of the owners, and shall ride or use the same, hee shall pay to the partye wronged, treble dammages, or if the complainant shall desire it, then to pay oncly ten shillings, and such as have not to make satisfaction, shall bee punnished by whipping, imprisonment, or otherwise, as by law shall be adjudged ; And any one magistrate may heare and determine the same. // is allso further ordered^ That where lands lye m common, unfenced •, if one shall improve his lands, by fencing in severall, and another shall not ; hee whoe shall so improve, shall secure his land against other mebs cattle, and shall not compell such as joine uppon him, to make any fence with him ; ex- cept hee shall allso improve in severall, as the other doth : And where one man shall improve, before his neighbour, and so make the whole fence, if after his said neighbour shall improve allso, he shall then satisfie for halfe the others fence against him, according to the present value, and shall meinteine the same ; And if either of them shall after lay open his said feilds (which none shall doe without three months warning) hee shall have libbert}', to buy the dividend fence, payinge according to the present valuation, to bee sett by two men, chosen by either party one : The like order shall bee, where any man shall improve land, against any Towne Com- mon ; provided, this order shall not extend to house lotts, not exceeding ten acres ; but, if in such, one shall improve, his neighbour shall be compella- ble to make and meinteine one halfe of the fence between them, whether he improve or not. Provided allso, that no man shall bee lyable to satisfie for dammage done in any ground not suffi- ciently fenced ; except it shall bee for dammage uone bv swyne under a veare old, or unruly Cattle, 33 tNhich will not be rcstreincd by ordinary ffences, or uhcre any man shall put his Catth', or otherwise \ r.hintarily trespass uppon his neii^hbours ground : And if tl^ partyc danwiitied lind the Cuttle darn- MKife-faisant, hee mnv impound or otherwise di=po.-e of them. (1)'_ CATTLIO TO Bi-: MARKED. Ffor the preventing of diflerences that may arise «^'C. in the owning of cattle, that bee lost or stray away : 7^ is ordered hij this Courte, that the owners of any Cattle within this Jnrissdiction, shall earc niarkc or brand all theire Cattle and swyne, that are above ha'fe a y(?are old (except horses) and that they cause theire severall markes to bee regis- tred in the tow^ne booke ; and whatsoever cattle shall be found unmarked, after the lirst of Julv next, shall fortcitt live shillings a liead, whereof two shiliiuiis six[)ence to him that discovers it. and tile other to the countiy . COMMON FFEILDS 1\ hcreas the condition of the^e severall plantations in these beginnings, wherein we are. is such, tfifrt necessity constraines to improve much of the ground belonging to the severall townes, in a common way. and it is observed, that the pub- lique and generall good (which ought to bee at- tended in all such improvements as arc most (1) At a sepr^ion of die General Court, iu October 165'2, it was declared and explained, that this order did not rearh tJie lamls on the east sido of the uroat liver. 34 proppcr to tliem, and may best advance the same receives much pirotliers, theire children aiul apprentices, so mnrli earning, as may inable them peifectly to read the English tongue, and knowledge of the caj)ifall lawes, ippon penalty of twenty shillings for each neglect herein; allso. that all masters of famiiyes, doe, )nce a week, at least, catechise theire chilldren and servants, in the grounds and principles of religion, md if any bee unable to doe so much, that then, at he least, they procure such children or apj^renti- :es to learne some shorte oithodox catechisme, <>ithout booke that they may bee able to answer to Ihe questions that shall bee propounded to them out of such catechismes by theire parents or masters, or any of the selectmen, where they shall call them to a tryall of what they have learned in this kinde ; and further, that all parents and masters doe breed and bring up theire ciiildren and apprentices in some honest lawfull calling, labour or imployn^cnt, either in husbandry or some other trade proffitable for themselves and the commonwealth, if thev will not nor cannott traine them np in l(>arnini:C, to iitt them for higher imployments ; and if any of the selectmen, after admonition by them given to such masters of fannlyes, shall finde them still negligent of theire duly, in the perticulais afore- mentioned, whereby children and servants become liide, stubborne and unruly, the said selectmen, with the* helpe of tuo magistrates, shall take sur'h children or apprentices from, them, and place them with some masters for years, boyes till they come to twenty-one, and girles eighteene years of age compleat, which will more strictly looke unto and force them to submitt unto governement. according to the rules of this order, if by faire meanes and former instructions thrv will not bee drawnc unto it. 40 CONS'J'ABLKs. 7/ is fiirthfr ordered hij the auUiorilj/ aforesaid, that nny person tendered to nny eonstablc of this juriss- diclion, by any constable or oilier officer belonging to any iTbreinge Jnrissdiclion in this country, or hy warrant from any such aulliority. such shall present- ly bee received and conveyed forlhwith, from con- stable to constable, till they shall bee brought unto the place to whicb they are sent, or hefore some magistrate of this jurissdiction, whoe shall dispose of them, as the justice of the cause shall require : and that all hue and cryes shall be duely received and dilligently pursued to full effect. It is ordered by the aiithoritij of this Coiirte, That every constable within one jurissdiction shall, hence- forth, have full power to make, signe and put forth, persuits or hue and cryes, after murthers. malefac- tors, peaccbrcakers, theeves, robbers, burglarers, and other capitall offenders, where no magistrate is neare band ; allso, to apprel>end, without warrant, ^ucli as are overtaken with drinke, swearing, sa- boath-brcaking, slighting the ordinances, lying, va- grant persons, night-walkers, or any other that shall offend in any of these: Provided, they bee taken in the manner, eifner oy sighte of the constable, or by present information from others; as allso, to, make search for all such persons, either on the sa- boath day, or other, when theire shall bee occasion, in all howses lycenced to sell either beare or wyne, or in any other suspected or dissordered places, and those to apprehend and keepe in safe custody, till opportunity serves to bring them before one of the next magistrates, for further examination : provided, that when a constable is imployed by any •11 of the magistrates tor apprehending of any person, hee shall not doe it Avithout warrant in writing : and if any person shall refuse to assiste any constable in the execution of his ofiice, in any of the things aforementioned, being by him required thereto, they shall pay for neglect thereof, ten shillings i.. the use of the country, to bee levyed by warrant from any magistrate hefore whom any such ofTciul- or shall be brought; and if it appeare, by good tes- timony, that any shall willfnlly, oi)stina{ely or con- temptuously, refuse or neglect to a?siste any consta- ble, as is before expressed, hee shall pay to the use of the country, forty shillings; and if any magistral* or constable, or any other, uppon urgent occasion.-, shall refuse to doe their best indeavor in raising and prosecuting hue ond cryes, by foott, and if need bee, by horse, after such as have committed capitall crimes, they shall forfeiit, for the use aforesaid, for every such offence, forty sliiliings. And it is all so ordered. That the constables in each towne, shall be chosen from yea re to yea re, before the first of March, and sworne to that oflicc' the next courtc following, or hy some magistrate or magistrates. CONVEYANCES FRAUDULENT. If. is ordered hy this Courie, and authority thereof. That all covenous or fraudulent alienations or con- veyances of lands, tenements or any hereditament.-, sTiall bee of no validity to defeat any man from dut- debts or legacyes, or from any just title, clayme or jwssession of that which is so fraudulently convey- ed ; and that no conveyance, deed or promise whatsoever, shall bee of validity, if it bee gotten by illegal violence, imprisonment, threatening, or any kind of forcible compulsion, railed dnres. •4t» CRUELTY. It is ordered ^y this Courte, and authoriti/ thereof, That no man shall exercise any tiranny or cruelty towards any brute creatures, which are usually kept for the use of man. DAMMAGES PRETENDED. It is ordered hy this Coiirle, That no man in any sute or action against another, shall falsely pretend great dammages or debts, to vexe his adversary ; and if it shall appeare any doth so, the Courte shall have power to sett a reasonable fyne on his head. DEATH UNTIMELY. // IS ordered hy this Courte and authority thereof. That whensoever any person shall come to any very sudden, untimely or unnaturall death, some magistrate, or the constable of that towne, shall forthwith summon a jury of sixe or twelve discreet men to inquire of the cause and manner of theire death, whoe shall present a true verdict thereof, unto some neare magistrate, uppon theire oath. DELINQUENTS. It is ordered, That all persons hereafter Commit- ted uppon delinquency, shall beare the charges the country shall bee at in the prosecution of them and shall pay to the master of the prison or howse of correction, two shillings six pence, before hee bee freed therefrom. Vide execution upon dehn quents. 43 ECLESEASTICALL. Fibrasmuch, as the open contempt of Gods word, and messengers thereof, is the desolating sinne of civill states and churches, and that the preaching of the word by those whome God doth send, is the cheife ordinary meancs ordained by God, for the converting, cdefying and saving the soules of the elect, through the presence and power of the Holy Ghost thereunto promised; and that the ministry of the word is sett up by God in his churches for those holy ends ; and according to the respect or contempt of the same, and of those whome God hath sett aparte for his owne worke and imployment, the weale or woe of all chris- tian states, is much furthered and promoted : It is therefore ordered and decreed, That if any christian, so called, within this jurissdiction, shall contemptuously beare himselfe towards the word preached, or the messengers that are called to dis- pense the same in any congregation, when hee doth faithfully execute his service, and office therein, ac- cording to the will and word of God, cither by in- terrupting him in his preaching, or by charging him falsely with an error, wiiich hee hath not taught, in the open face of the church, or like a sonne of Ko- rah, cast uppon his true doctrine, or himselfe, any reproach to the dishonor of the Lord Jesus, whoe hath sent him, and to the disparagement of that his holy ordinance, and making Gods wayes contempt- '•)lc and rediculous, that every such person or per- sons, wiiatsoever censure the church may passe, shall, for the first scandall bee con vented and re- proved openly, by the magistrates, at some lecture, 44 and bound to their good behaviour : And if a se- cond time they breake forth into the hke contempt- uous carriages, thej shall either pay five pounds to the publique treasure, or stand two houres openly, uppon a block or stoole foure foott high, uppon a lecture day, with a paper fixed on his breast wTit- ten with capital letters, an- open and obstinate CONTEMNER OF GODS HOLY ORDINANCES, that OtllCrS may fear6 and bee ashamed of breaking out into the like wickedness. // is ordered and decreed hi/ this Courte, and an- thoriti/ thereof , That wheresoever the ministery of the word, is established, according to the order of the gospeil, throughout this jurissdiction, every person shall duely resorte and attend thereunto respective- ly, uppon the Lords day, and uppon such publique fast days, and dayes of thanksgiving, as are to bee ge- nerally kept by the appointment of authority ; And if any person within tliis jurisdiction sliall^ without just and necessary cause, withdraw himselfe from hearing the publique ministry of the word, after due meanes of conviction used, hee shall forfeitt for his absence, from every such publique meeting, five shillings : All such offences to bee heard and determined by any one magistrate, or more, from time to time. Fforasmuch, as the peace and prosperity of church- es, and members thereof, as well as civill rights and libberties, are carefully to bee maintained ; It is ordered ht/ this Courfe and decreed. That the civill authority heere established, hath power and libberty to see the peace, ordinances and rules of Christe, bee observed in every church, according to [lis word : As ailso. to deale with anv church member, in a way of civill justice, notwitlislanding any church relation, office or interest, so it bee (lone in a civill, and not in an ecleseasticall way, nor shall any church censure degrade or depose any man from any civill dignitye, office or authority hec shall have in the commonwealtli, ESCHEATS. // is ordered hy this Coiirle and authority thereof, That where no heire or owner of howses, lands, ten- ements, goods or chattells, can bee found, they shall bee seized to the publiquc treasury, till such heirs or owners shall make due claymc thereunto ; unto whome they shall bee restored uppon just and reas- onable termes, EXECUTJONS. Whereas by reason of the great scarcity of mony, execution being taken of scvcrall persons goods, that have been sould at very cheape rates, to the extreme dammage of the dcl)tor : // is therefore ordered. That whatsoever execu- tion shall bee grauntcd uppon any delfts made after the publishing of this order, the creditor shall make choyce of one partye, the debtor of a second, and the courte of a thirde, who shall prise the goods so taken uppon execution aforesaid, and deliver them to the creditor. EXECUTION UPPON DELINQUENTS. It is ordered. That the governor, or any othei magistrate in this jurissdiction. shall liavc libberty 46 and power to call forth any person that hath beene ~ pubHquely corrected for any misbehavior, to doe execution uppon any person or persons, by whip- ping or otherwise ; and that at any time hereafter, as occassion doth require, and in case of defect or want of such, any other person, as hee or they shall thinke meete. FFENCES. Ffor the preventing of differences that may arise, in making or setting downe of fences, as ^vell in meadow^s as up land ; It is ordered, That in the setting of posts and rayles, or hedges in the meadow and home lotts, there shall bee a libberty for either partye of twelve inches from the dividend lyne, for breaking of the ground to sett the posts on, for the laying on the hedges; but the stakes and postes are to be sett in the devident lyne ; and in upland there is allowed a libbertye of foure foott for a ditch from the divi- dend lyne, ffor either of the bordering party es, where the proportion of ffences belongs unto them. FFYNES. It is ordered by this Courte, That the estreits for the levying of ffynes shall goe forth once every yeare. both in the townes on the river and by the sea side ; and that some officer in each place, shall bee appointed to levye and receive the same, and the accounts to bee given in by the severall plan- tations of theire generall charge, at the Courte in September, for the perfecting of the accounts be- twixt them ; Mr. Ludlow is desired to graunt out w^arrants for the ffvnes bv the sea side. FFYRE. h is ordered by this Court e and authority thf renf^ That whosoever shall kindle any (ire in llie woods or grounds lying in Common, or inclosed, so as the same shall rurm into such corne grounds or inclos- iires, before the tenth of the first month, or after the last of the second month, or on the last da} of the weeke, or on the Lords day, shall pay all dasn- m\ges and halfe so much, for a fyne, or if not able to pay, then to bee corporally punished by warrant from one magistrate, or more, as the oiience shall deserve, not exceeding twenty stripes for one of- fence ; provided that any man may kindle fyre up- pon his owne ground, at any time, so as no dam- mnge come thereby, either to Ihe country or any perticular person ; and whosoever shall wittingly and willingly burne or destroy any frame, timber, hewne, sawne, or riven, heapes of wood, charcoale, corne, hay, strawe, hampe, fflaxe, pitch or tarr, hee shall pay double dainmages. FFORGERTE. If. is ordered hy this Courie, and authority thereof. That if any person shall forge any debt, or con- veyance, testament, bond, bill, release, acquittance, letter of attorneye, or any writing to prevent equi- ty and justice, he shall stand in the pillorye three several! lecture dayes, and render double damma- ges to the partye wronged ; and allso, bee disabled to give any evidence or verdict to anv Courte or 48 FFORNICATION. It is ordered by this Courle and authorily thereof, That if any man shall committ ibrnication, with any single woman, they shall bee punnished, either by injoyning to marriage, or fyne, or corporall punnish- ment, or all, or any these, as the Courte or ma- gistrates shall appoint, most agreeable to the word of God. GAMING. Uppon complaint of great disorder, by the use of the game called shuffle board, in howses of com- mon interteinement,^ whereby much precious time is spent unfruitfully, and much waste of wyne and bearc occasioned ; // is therefore, ordered and enacted by the authon ty of this Courte, That no person shall henceforth use the said game of shuffle board in any such howse. nor in any other howse, used as common for such purpose, uppon payne for every keeper of such howse, to forfeitt for every such offence, twenty shillings : And for every person playing at the said game in any such howse, to forfeitt for every such offence, five shillings ; the like penalty shall bee for playing in any place, at any unlawful! game. GUARDS AT MEETING. // IS ordered by this Courte, That there shall bee a guard of twenty men every sabbath and lecture- day, compleat in theire armes, in each several! tnwne uppon the river, and at Scabrooke andffarm- 40 ingtori eigUt a piece ; each towne uppon the sea side, in this jurissdiction, ten : and as the number of men increase in the townes, theire guardes are to increase : And if. is further ordered, that each man in tlie guards aforesaid, shall bee allowed halfe a pound of powder yearely. by theire several townes. HIGHEWAYES. Whereas the mainteining of high wayes, in a fitt posture for passage, according -to the severall oc- rassions that occure, is not onely necessary, for the comfort and safety of man and beast, but tends to the prollitt and advantage of any people, in the issue ; It is thought fitt and ordered, That each towne within this jurissdiction shall, ev^ery yeare, chuse one or two of theire inhabitants, as surveyors, to take care of, and oversee the mending and repair- ing of the highways within their severall townes respectively, who have hereby, power allowed them to call out the severall cartes or persons fitt for labour in each towne, two dayes at least, in each yeare, and so many more, as in his or theire judgements, shall bee found necessarry for the at- taming of the aforementioned end, to be directed ii. thcire worke by the said surveyor or surveyors , and it is left to his or theire libberties, either to re- quire the labour of the severall persons in any fam ilye, or of a teame and one person, where such arc, as hee finds most advantageous to the publique oc- cassions, hee or they giving at least three dayes no tice or warning beforehand, of such imployment , audif any refuse orneglect to attend the service in ny manner aforesaid, hee shall forfeit for everv days iiieglect of a mans worke, two shillings six pence, and of a teame, sixe shillings 5 which said' fynes shall bee imployed by the surveyors to hire I others to worke in the said w^ayes ; and the sur- veyors shall, within foure dayes after the severalL dayes appointed for worke, deliver in to some ma- gistrate, a true presentment of all such as have beene defective, with theire severall neglects, who are immediately to graunt a distress to the marshal! or constable, for the levying of the incurred forfeit- ure, by them to bee delivered to the surveyors, for the use aforesaid ; and if the surveyor neglect to performe the service hereby committed to him, either in not caUing out all the inhabitants in theiic severall proportions, as before, or shall not returne the names of those that are deficient, hee shall incurr the same penalty as those whome hee so passes by, are lyable to, by virtue of this order ; which shall bee imployed to the use aforesaid, and to bee levy- cd allso by distress, uppon information and proofe before any one magistrate. IDLENES. // is ordered hy this courte and aiithorih/ thereof^. That no person, howseholder, or other, shall spend his time idlely or unprotitably, under paine of such punnishment, as the courte shall thinke meete to in- flict, and for this end, it is ordered, that the consta- ble of every place, shall use speciall care and dilh- gence, to take knowledge of offenders in this kinde ; especially, of common coasters, unprofitable fow- lers, and tobacko takers, and present the same unto any magistrate, who shall have power to heare and determine the case, or transsfer it to the next courte INDIANS. It is ordered and decreed, That where any com- pany of Indians doe sitt downe neare any English plantations, that they shall declare who is theire Sachem or^ Cheife, and that the said Cheife or Sa- chem shall pay to the said English, such tresspasses as shall bee committed by any indian, in the saifl plantation adjoyning, either by spoyling or killing any cattle or swyne, either with trapps, doggs or arrowes ; and they are not to pleade, that it was done by strangers, unless they can produce the par- tye, and deliver him or his goods into the custody of the English ; and they shall pay the double dam- mage, if it were done voluntarily. -The like in- gagement this courte allso makes to them, in case of wrong or injurye done to them by the English ; which shall bee paid by the partye by whome it was done, if hee can bee made to appeare ; or other- wise, by the towne in w^hose limmits such facts are committed, Fforasmuch, as our lenity and gentlenes towards indians, hath made them growe bold and insolent to enter into English mens bowses and unadvis- edly handle swords, and peeces, and other in- struments, many times to the hazzard of limbs or lives of English or indians; and allso, oft steale diverse goods out of such bowses where thev resorte, for the preventing whereof, It is ordered, That whatsoever indian shall here- after, meddle with, or handle any English mans w<3apons of any sorte, either in theire bowses, or in Jie fcilds, they shall forfeitt for every such defaulte, 52 halfe a fathom of wampum ; and if anyhurte or iii- jurye shall thereuppon follow to any persons life or limbe, though accidcntall, they shall pay life for life, limbe for limbe, wound for 'wound ; and shall pay for the healing of such wounds, and other dam- mages : And for any t hinge they steale, they shall pay double, and suffer such further punnishment as the magistrates shall adjudge them. The constable of any towne may attache and arrest any indian that shall transsgress in any such kinde beforcmentioned, and bring them before some magistrate, who may execute the penalty of this order uppon offenders in any kinde, except life or limbe ; and any per- son that doth see such defaults, may prosecute, and shall have halfe the forfeiture. It is ordered hij this courte^ and authority thereof, That no man within this jurissdiction, shall directly, or indirectly, amend, repaire, or cause to be amend- ed or repared, any gunn, small or great, belonging to any indian, nor shall indeavor the same, nor shall sell nor give to any indian, directly or indirectly, any such gunn, nor any gunpowder or shott, or lead, or shott mould, or any millitary weapon or weapons, armor, or arrowe heads, nor shall sell nor barter, nor give any dogg or doggs, small or great, uppon paine often pounds fyne for every offence, at least, in any one of the aforementioned perticulars ; and the court shall have power to increase the fyne, or to impose corporall punnishment, where a fyne can- nott bee had, at theire discretion. And it is allso ordered^ That no person nor per- sons shall trade with them, at, or about theire wig- v/ams, but in theire vessells or pinnaces, or at theire owne howses, on penalty of twenty shillings for each default. Whereas it doth appeare, that notwithstanding the former lawes made against selling gunns and pow- der, to indians, they are yet supplied hy indirect means ; // is therefore ordered and decreed, That if any person, after publishing of this order, shall sell, bar- ter or transporte any gunns, powder, bullitts or lead, to any person inhabiting out of this jurissdic- tion, without license of this courte, or from some two magistrates, hee shall forfeitt for every gunn, ten pounds: for every pound of gun powder, five pounds ; for every pound of bullitts, or lead, forty shillings ; and so proportionably, for any greater or lesser quantity; provided notwithstanding, that is left to the judgement of the courte, that where any offence is committed against the said order, either to agravate or lessen the penalty, according as the nature of the oifence shall require. Wliereas diverse persons departe from amongst us. and take up theire abode witii the Indians, in a prophane course of life, for the preventing where- of ; Ft IS ordered. That whatsoever person or persons, ihat now inhabiteth, or shall inhabitt within this Ju- rissdiction. and shall departe from us, and settle or ioyne with the indians, that they shall suffer three rears isiprisonment, at least, in the howse of cor- rection ; and undergo such further censure, by fyne or corporall punnishment. as the perticular courte shall judge meete to inflict in such cases. ^Miereas the ffrcnch. Dutch, and other forraigne nations doe ordinarilv trade irtmns. powder, shott. 54 Szc, with tiie indians, to our great prejudice, and the strengthening and animating of the indians against us, as by dayly experience we finde ; and whereas the aforesaid flrcnch, Dutch, &c. doe prohibitt all trade with the indians, within theire respective jurissdictions, under penalty of con- fiscation ; It is therefore, hereby ordered by this coiirle and authoriiy thereof. That after due publication here- of, it shall not bee lawful! for any iTrenchmen, Dutch- men, or person of any other forraigne nation, or any English living amongst them, or under the gov- ernment of them, or any of them, to trade with any indian or indians, within the limmits of this juriss- diction, either directlj^ or indirectly, by themselves or others, under penalty of confiscation of all such goods and vessells, as shall bee found so trading, or the due value thereof, uppon just proofe made of any goods, or any vessells so trading or traded : And it shall bee lawful for any person or persons inhab- iting within this jurissdiction, to make seizure of any such goods or vessells trading with the indians, as by this law is prohibited, the one halfe whereof shall bee to the propper use and benefitt of the partye seizing, and the other to the publique. This courte judging it necessary that some means should bee used to convey the light and knowledge of God and his worde to the indians and natives amongst us, doe order, that one of the teaching el- ders of the churches in this jurissdiction, v/ith the helpe of Thomas Staunton, shall bee desired, twise, at least, in every yeare, to goe amongst the neigh- bouring indians, and indeavour to make knov/ne to them, th-8 councelis of the Lord, asid thereby to draw and stirr tlicm u;> : to direct and order all theire wayes and conversations, according to the rule of his worde ; and Mr. Governor, and Mr. Deputy, and the other magistrates, are desired to take care to see the thinge attended, and with theire owne presence, so farre as may bee conven- ient, incourage the same. This courte having duly weighed the joint deter- mination and agreement of the commissioners of the United English colonyes, at New-Haven, of Amio 1646, in reference to the indians, and judg- ing it to bee both according to rules of prudence and righteousnes, doe fully assent thereunto, and order that it bee recorded amongst the acts of this courte, and attended iu future practice, as occas- sions may present and require ; The said conclu- sion is as follows : The commissioners seriously considering the ma- ny willfull wTongs and hostile practices of the in- dians, against the English, together with theire Jn- terteining, protecting and rescuing of otfenders, as- late our experience sheweth, which, if suflered, the peace of the colonyes cannot bee secured ; It is therefore concluded, that in such case, the magistrates of any of the jurissdictions, may, at the charge of the plaintiti^, send some convenient strenirht of EnLrlisli. and accordino; to the nature and value of the otFence and dammage, seize and bring away any of that plantation of indians that shall in- terteine, protect or rescue the otfendor, though hee should bee in another jurissdiction, when through distance of place, commission or direction cannott bee had, after notice and due warning given them, as actors, or at least, accessary to the injurye and dammage done to the Ejiglish ; onely women and children to bee sparin;;!y seized, un!t5> knowne to bee someway sjuillv : and b(M^ause it will be char2;e- . S3 able keeping Indians in prison, and if they should escape, they arc, hke to prove more insolent and dangerous after. It was thought fitt. that uppon such seizure, the delinquent, or satisfaction bee a- gain demanded of the Sagamore, or plantation of In- dians guilty, or accessary, as before; and if it bee denyed, that then the magistrates of this jurissdic- tion, deliver up the indian seized by the partye or partyes endammaged, either to serve, or to bee shipped out and exchanged for neagers, as the case will Justly beare; and though the comissioners fore- see, that said severe, though just proceeding may provoke the indians to an unjust seizing of some oi ours, yet they could not, at present, find no better means to preserve the peace of the colonyes ; all the aforementioned outrages and insolences tending to an open warr ; onely they thought fitt, that before any such seizure bee made in any plantation of in- dians, the ensuing declaration bee published, and a coppye given to the perticular Saggamores. The commissioners for the United Colnoyes con- sidering how peace with righteousnes may bee preserved betwixt all the English, and the several! plantations of the indians, thoitght fitt to declare and publish, as they will doe no injurye to them, so if any indian or indians of what plantation soever, doe any willfull dammage to any of the English col- onyes, uppon proofe, they will in a peaceable way, require just satisfaction, according to the nature of the offence and dammage ; but if any Saggamore or plantation of indians, after notice and due warn- inge, interteine, hyde, protect, keepe, convey a- way, or further the escape of any such offendor or Oifendors, the English will- require satisfaction of such indian and Sag^^amoie, or indian plantation ; arid if thev denv it. thr^v wil riiriit themselves, as 57 thoy may, uppou such as so ineiiiteinc them that doe the wrong, keeping peace and all terme» of am- ity and agreement with all otlicr indians. INKEEPERS. Fforasmuch, as there is a necessary use of howscs of common interteinemcnt, in every common- wealth, and of such as retailc wine, beare and victualls ; yet, because there arc so many abuses of that lawfull libbcrty, both by persons intertein- ing, and persons interteined, there is allso need of strict lawes and rules to regulate such an im- ployment ; // is therefore ordered hy this Courte and authori- ty thereof That no person or persons licenced for common interteinment, shall suffer any to bee drunken, or drinke excessively, viz. above halfe a pinte of wyne, for one person, at one time, or to continue tipling above the space of halfe an houre, or at unreasonable times, or after nine of the clock at night, in or about any of theire bowses, on pen- alty of five shillings for every such offence ; and every person found drunken, viz. so that hee bee thereby bereaved or dissablcd in tlie use of his un- derstanding, appearing in his speech or gesture, in any of the said bowses or elsewhere, shall forfeitt ten shillings ; and for excessive drinking, three shil- lings foure pence : and for continuing above halfe an houre, tipling, two shillings six pence ; and for tipling at unseasonable times, or after nine o'clock at night, five shillings, for every offence in these perticulars, being lawfully convicted thereof; and for want of payment, such shall bee imprisoned un- till they pay. or bee sett in the storks, one houre or 58 more, in some open place, as the weather will per- mitt, not exceeding three houres at one time ; pro- vided, notwithstanding, such licensed persons may interteine seaffiring men or land travellers in the night season, when they come first on shoare, or from theire journeye, for Iheire necessary refreshment, or when they prepare for theire voyage orjournye the next day early, so bee no dissorder amongst them , and allso, strangers and other persons, in an order- ly way, may continue at such howses of com- mon interteinement during meal times, or uppon lawfull business, what time theire occassions shall require, Andit is allso ordered, That if any person offend in drunkenness, excessive or long drinking, the se- cond time, they shall pay double fynes ; and if they fail into the same offence the third time, they shall pay treble fynes and if the parties bee not able to pay theire fynes, then hee that is found drunken shall bee punnished by whipping, to the number of ten stripes ; and hee that offends })y excessive or long drinking, shall bee put into the stocks for three hours, when the weather may not hazzard his life or limbs ; and if they offend the fourth time, they shall bee imprisoned untill they put in two sufficient sureties for their good behovior. And it is further ordered. That the severall townes uppon the river, within this jurissdiction, shall pro- vide amongst themselves, in each towne, one suf- ficient inhabitant, to keepe an ordinary for provis- ion and lodging, in some comfortable manner, that passengers or strangers may know where to resorte ; and such inhabitants, as by the severall townes, shall bee chosen for the said service, shall bee presented to two magistrates, that they may judge 69 itiecte for that iinploymeiit ; and this to be eflfcct- ed by the severall townes within one month, under the penalty of forty shillings a month, for each month that either towne shall neglect the same. And it is allso further ordered., That every in- keeper or victuailer shall provide for interteine- ment of strangers horses, viz. one or more inclos- ures for summer, and hay and provender for win- ter, with convenient stable roome and attendance, under penalty of two shillings six pence for every dayes default, and double dammage to the partye thereby wronged, except it bee by inevitable acci- dent. Lastly, It is ordered by the authority aforesaid, That all constables may, and shall, from time to time, duely make search throughout the limmitts of theire townes, uppon Lords dayes and lecture dayes, in times of exercise ; and allso, at all other times, so oft as they shall see cause, for all offences and oiTendors against this law, in any the perticu- lars thereof ; and if uppon due information or com- plaint of any of theire inhabitants, or other credible i^ersons whether taverner, victualler, tabler, or oth- er, they shall refuse or neglect to make search as aforesaid, or shall not to theire power, performe all other thinges belonging to theire place or oHice of constableship, then uppon complaint and due proofe before any one magistrate, within three months af- ter such refusall or neglect, they ^hall bee fyned for every such otfence, ten shillings, to bee levied by the marshall, as in other cases, by warrant from such magistrate before whome they are convicted, or warrant from the Treasurer, uppon notice from such magistrate. It is ordered by this courte and authority thereof That no inkeeper,, victualer, wine drawer, or other, 60 shall deliver any wyne, nor suffer any to bee deliv- ered out of his howse to any which come for it, un- less they bring a note under the hand of some one master of some familye and allowed inhabitant of that towne ; neither shall sell or draw any hott wa- i ter to any, but in case of necessitye, and in such j moderation for quantity, as they have good grounds J to conceive it may not bee abused, and shall bee ,1 ready to give an account of theire doings herein, . when they are called thereto, under censure of the ,! courte, in case of delinquency. INDITEMENTS. If any person shall bee indicted for any capitall crime, who is not then in durance, and shall refuse to render his person to some magistrate, within one month after three proclamations publiquely made in the town w^here bee usually abides, there being a month betwixt proclamation and proclamation, his lands and goods shall bee seized to the use of the common treasury, till hee make his lawfull appear- ance, and such withdrawing of himselfe, shall stand in stead of one wittness to prove his crime, unless hee can make it appeare to the courte, that hee was necessarily hindredi JURYES AND JURORS. It is ordered hy the authority of this courte, That in all cases which are entred, under forty shilhngs, the sute shall bee left to be tryed by the cohrte of magistrates, as they shall judge most agreeable to equity and righteousnes ; and in all cases that are tryed by juries, it is left to the magistrates to im- pannell a jury of sixe or twelve, as they shall judge Gl the nature of the case shall require : and if foure of sixe, or eight of twelve agree, the verdict shall bee deemed, to all intents and purposes, sufHcient and full ; uppon which, judgment may bee entred and execution granted^ as if they had all concurred ; but if it fall out, that there bee not such a concurrence, as is before mentioned, the jurors shall returne the case to the courte with theire reasons, and a spe- ciall verdict is to be drawne thereupon, tmd the vote of the greater number of magistrates shall carryethe same, and the judgment to bee entred, and other proceedings as in case of a verdict by a jury. Jnd it is further ordered, That the courte of ma- gistrates shall have libbertye, (if they do not fuide in theire judgements the jury to have attended the ' evidence given in, and true issue of the case in tlu'ire vei'dict) to cause them to returne to a second consideration thereof ; and if they still persist in theire former opinion, to the dissatisfaction of the courte, it shall bee in the power of the Courte, to impannell another jurye, and committ the conside- ration of the case to them : and it is allso left in the power of tlie courte to varye and alter the dam- mages given in by any jurye, as tiicy shall judge most equall and righteous ; provided, that what al- teration shall at any time bee made in that kinde. bee done in open courte, before piaintiif and de- fendant, or afhdavitt made, that they have beene required to bee present; and that alteration which is made, bee done either the same courte, or pro- vision made to secure the verdict of the jury, untill the case bee fully issued : And whereas many per- sons, after their sevei*all eauses in courte have beene tryed and issued, have slipt away, or other- wise neglected, if not refused, to pay the charges of the courte, according to order, for preventing 6 62 thereof, for the future, it is ordered, that whosoever shall have any action or sute in Courte after pub- lishing hereof, shall, as soon as his cause is issued, pay the whole charges of the courte, that concernes either jury or secretary, before hec departs the same ; and the like allso shall bee done by all tho-e wdiose actions are not taken up and withdravvne before the sitting of the courte wherein they were to be tryed, or otherwise, for neglect or nonper- formance of either, bee committed to prison, there to remaine till hee or they have satisfied the same. GRAND JURY. It is ordered and decreed, That there shall be a grand jury of tv/elve or fourteen able men, warned to appear every courte, yearly, in September, or as many and oft as the Governor or courte shall thinke meete, to make presentment of the breaches of any lawes or orders, or any other missdeamean- ors they shall know of in this jurissdiction. LANDS. FREELANDS. It is ordered, and by this courte declared, That our lands and heritages, shall be free from all fynes and lycences uppon alienations ; and from all harriotts, wardships, liveries, primer seizins, yeare day and waste, escheats and forfeitures, uppon the death oi parents or ancestors, bee they naturall, unnatural!, casuall orjuditiall, and that forever. LEVYES. Fforasmuch as the marshalls and other officers, ^ have complained to this courte, that they are of- t;.> leu times in great doubt how to demean them- selves in the execution of their ofliccs ; II is ordered hij the authoritij of this courte, That in case of fynes and assessments to bee leyyed, and uopon execution, in civill actions, the officer shall dcinand the same of the party, or at his howse and place of usuall aboade, and uppon refusall or non- payment, hee shall have power of calling the con- stable, if hee see cause for his assistance, to breake open the dore of any howse, chest, or place, where hee shall have notice that any goods lyable to such Jevye or execution, shall bee ; and if hee bee to take the person, hee may doe the like, if uppon de- maund, hee shall refuse to render himselfe ; and whatsoever charges the officer shall necessarily bee put unto uppon any such occassion, hee shall have power to levye the same, as hee doth the debt, fyne or execution ; and if the officer shall levye any such goods uppon execution, as cannot bee conveyed to the place where the party dwells, for whome such execution shall bee levyed, with- out considerable charge, hee shall levye the said charge allso with the execution : the like order shall bee observed in levyijig of fynes, provided, it sha^l not bee lawfull for such officer to levye any mans necessary bedding, apparrell, tooles or armes, neither implenjents of household, which ire for the necessary upholding of his lite ; but in such case, hee shall Icveye his land or per- son, according to law ; and in no case, shall the ollicer bee put to seeko out any mans estate fur- iiier then his place of aboade ; but if the party will not discover his goods or land, the officer may take his person. *4nd it is allso ordered and declared, That if any 64 officer shall doe injurye to any, by colour of his office, in these, or any other cases, hee shall bee lyable, iippon complaint of the party wronged, by action or infornnation, to make full restitution. — See Marshall, LYINGE. Whereas truth in words, as well as in actions, is re- quired of all men, especially, of christians, who are the professed servants of the Lord of truth ; and whereas all lying is contrary to truth, and some sortes of lyes are not only sinfull, as all lyes are, but allso, pernicious to the publique weal and injurious to perticular persons : It is therefore ordered by this courte, and authori ty thereof That every person of the age of dis- cretion, which is accounted fourteene yeares, who shall wittingly and willingly, make or publish any lye, which may bee pernicious to the publique weal, or tending to the dammage or injury of any pertic- ular person, to deceive and abuse the people with false news or reportes, and the same duly prooved in any courte, or before niiy one magistrate, who hath hereby power graunted, to heare and deter- mine all offences against this lawe, such persons shall bee fyned for the tirst otfence, ten shillings, or if the party bee unable to pay the same, then to bee sett in the stocks so long as the said courte or magistrate shall appointe, in some open place, not exceeding three houres ; for the second offence in that kinde, whereof any shall bee legally convicted, the summe of twenty shillings, or be whipped up- pon the naked body, not exceeding twenty stripes, and for the third offence that wav, fortv shillin2:s, or if the party bee unable to pay, then to bee whip* ped with more stripes, not exceeding thirtye ; and it^yett, any shall oflcnd in like kinde, and bee le- gally convicted thereof, such person, nnale or fe- male, shall bee fyned ten shillings at a time, more tlicn formerly, or if the party so ofTending, bee un- able to pay, then to be whipped with live or six stripes more then formerly, not exceeding forty at any time: And for all such as being under age of discretion, that shall offend in lyinge contrary to ibis order, theire parents or masters shall give them diic correction, and that in the presence of some olHcer, if any magistrate shall so appointe ; provid- ed allso, that no person shall bee barred of his just action of slander, or otherwise, by any proceeding uppon this order. MASTERS, SERVANTS, SOJOURNERS. // is ordered by this courte and aulJiority thereof, That no master of a family e shall give intertein- mcnt or habitation to any younge man to sojourne in his familye, but by the allowance of the inhabit- ants of the towne where he dwells, under the pen- alty of twenty shillings per week : And it is allso or- dered, That no young man that is neither married, nor hath any servant, nor is a publique officer, shall •kcepe howse by himselfe. without the consent of the towne, for, and under paine or penalty of twenty shillings a week. // is allso ordered by the av.ihoriiy aforesaid. That no servant, either man or maid, shall either give, sell or truck, any commodity whatsoever, without license from theire master, during the time of theire s.ervice, under paine of fyne or corporall punnishment. at the discretion of llic Courte. as 66 the offence shall deserve ; and that all workmen shall work the whole day. allowing convenient time for food and rest. It is allso ordered^ Tliat when any servants shall riinn from theire masters, or any other inhabitants shall privately goe away with suspicion of ill inten- tions, it shall bee lawfuU for the next magistrate, or the constable and two of the cheifest inhabitants, vrhere no magistrate is, to press men and boates or pinnaces, at the publique charge, to pursue such persons by sea or land, and bring them back, by force of armes. And whereas many stubborne, refractory and dis- contented servants and apprentices, withdraw themselves from theire masters services, to im- prove theire time to theire owne advantage, for the preventing whereof. It is ordered^ That whatsoever servant or appren- tice shall hereafter offend in that kinde, before theire covenants or terme of service are expired, shall serve theire said masters, as they shall be apprehended or retained, the treble term, or three fold time of theire absence in such kinde. MANSLAUGHTER. // is ordered by this court and authoriiy thereof^ That if any person in the just and necessary de- ^ fence of his life, or the life of any other, shall kill '" any person attempting to rob or rnurther in thev feilds or higheway, or to breake into any dwelling liowse, if hee conceive hee cannot with safety of his owne person, otherwise take the ffellon, or as- sailant, and bring him to tryall. hee shall be houlden ])Iameless. MAGISTRATES. This courle being sensible of (he great dissorders growing in this commonweaUh, through the con- tempts cast uppon the civill authority which wilhng to prevent, Doe ordur and decree^ That whosoever shall lionceforth, openly or willingly, defame any courte of justice, or the sentences and proceedings of the same, or any of the magistrates or judges of any such courte, in respect of any act or sentence therein passed, and being thereof lawfully convict- ed in any generall courte, or courte of magistrates, shall bee punnished for the same, by fyne, impris- onmnent, disfranchisement, or bannishment, as the quality and measure of the offence shall deserve. MARRIAGE. fforasmuch as many persons intangle themselves with rashe and inconsiderate contracts for theire future joininge in marriage covenant, to the great trouble and greife of themselves and theire ffreinds, for the preventing thereof, It is ordered Inj the authorif)/ of this courte, That whosoever intends to joine themselves in marriage covenant, shall cause theire purpose of contract to bee published in some puhlicjue place, and at some publique meeting, in the severall tovrnes where such persons dwell, at the least, eight dayes before tliey enter into such contract, whereby they engage themselves each to other; and that they shall for- beare to joine in marriage covenant, at least eight davs after the said contract. i58 Jnd it is allso ordered and declared^ That no per- son whatsoever, male or female, not being at his or her ovrne dispose, or that remaineth under the gov- ernment of parents, masters or guardians, or such like, shall either make or give interteinment to any motion or sute, in way of marriage, without the knowledge and consent of those they stand in such 1 elation to, under the severe censure of the courte, in case of delinquency not attending this order ; nor shall any third persons intermeddle in making any motion to any such, without the knowledge and consent of those under whose government they are, under the same penalty. Marriages and Births* See Records, MARSHALL. It is ordered hy this courte, That the marshal! shall bee allowed for every execution hee serves, which IS under the summe of five pounds, two shillings six pence, and four pence for every myle hee goes to serve the said execution, out of the towne where hee liveth ; and for every execution hee serves, of, tDr above five pounds, and under the summe of ten pounds, hee shall bee allowed three shillings foure pence, and foure pence for every myle, as before ; and for every execution hee serves, of, or above the summe of ten pounds, hee shall bee allowed five shillings, and four pence for every myle, as before ; Allso, hee is to bee allow^ed his other just and ne- cessary charges; onely it is provided, (hat if hee bee excessive therein, uppon due complaint and proofs made, it shall bee redressed. And it is allso further ordered, That the marshall shall hee allowed for every altacliement hee serves, Jialfe so much as is before allowed him for execu* ♦J9 tions ; onely lice is lo have four pence lor every myle he goes to serve the aUachemcnt. as before. It is further ordered hjj ihis courte and author' iti/ thereof, That every ollicer that shall, at any time bee fyncci for the breach of any pocnall lawe, or other just cause, such person or persons so of- fending, shall forthwith pay his ortheire fync or penalty, or give in security speedily to do It, or else shall bee imprisoned, or kept to workc till it bee paid, that no loss may bee to the commoii- Avealth ; and what other fynes or debts are already diie, or shall bee due to the country, the marshal!, for the time being, uppon warrant from tlie Treas- urer, and according to his oath, shall bee faithfull in doing the duty of his place in levyinge and return- ing the same, uppon paine of forfeiting tv.o sliillings of his owne estate, for every pound, or else such fvne as any courte of justice shall impose on liim for his neglect. MEASURES AND VvTJGHTS. Fforasmuch as it is observed, that there aie diver- sitys of weights, yardes and measures an^ongst us, whereby dammages many times ensueth by com- li^ercc with scvcrall [)erson=, for the preventing whereof, It is now ordered, That no mrin within these lib- berties, shall, after tb.c publishing of this ordei', sell any commodityes, but by sealed weight or measure, under the penalty of twelve pence each default ; the clarke is to have a penny for seal- ing a weight or measure, each time ; and no weight or measure is to be accounted authentick that is not sealed or approved I)_v the Clark once every vcare, and the said ci;nk is to break or demolisii such weights, yardcs or measures as aj-e defective. J"-! MILIJTARV AFFAIRES. V Jt is ordered, and hij this coiirte declared, Tliat all persons that are above the age of sixteene yeares, except magistrates and church oHicers, shall beare arms, unless they have, uppon just occassion, ex- emption graunted by the courte ; and every male person within this jurissdiction, above the said age, shall have in continuall readines, a good mus- kitt or other gunn, fitt for service, and allowed by the dark of the band, with a sword, rest and ban- daleers, or other serviceable provision in the roome thereof, where such cannott bee had ; as allso such other milhtary provision of powder, match and bullitts as the lawe requires ; and if any person who is to provide amies or ammu- nition, cannot purchase ihem by such means as he hath, hee shall bring to the dark so much corne or other merchantable goods, as by apprize- ment of the said dark and two others of the com- pany, (whereof one to bee chosen by the party, and {he other hy the clarke.) as shall be judged of a uiealer value hy a tifth parte, then such armes or ammunition is of, hee sliall bee excused of the pen- alty for want of armes, (but not tor want of appeai- ancc) untill hee bee provided; and the dark shall iiideavour to furnish him so soon as may bee, by sale of such goods so deposited, rendering the overplus to the partye : But i.f any person shall not bee able to provide himselfe armes or ammunition through meere poverty, if hee bee single, hee shall bee put to service by some magistrate, and the con- stable shall appoint him armes and ammunition, and shall appointe him where, and with whoiiie to eain out. And it is ordered^ That all the souldgcrs within Jiis jurissdiction shall hee trained, at least, six times vearcly, in the montlis ot' March, April), May, Sep- tember, October or Novcml)er, l)y the appoint- ment of the captaine or clieife oQicer in the seve- rall towncs : and the times of theire meeting to- gether shall bee at eight of the clock in the morn- inge : And the clarke of each band, shall twise ev- ery yeare, at least, view^ the armes and ammunition of the band, to see if they bee all accordinge to ^awe; and shall uppon every traininge day, give his attendance in the feild every day, (except hee hath speciall leave from his captaine or cheife offi- cer,) to call over the rolle of the souldgers, and ake notice of any defect by theire absence or oth- erwise ; And hee shall duely present to the Gover- nor, or some of the magistrates, all defects in armes or ammunition, at least once in each ^eare, and of- tener, if it bee required. And it is left to the judge- ment of the magistrates to punish all defects in that kinde, according to the nature of the offence, wherein due regard is to bee had of willtuU neg- lects in any, that such may not pass w ithout a se- vere censure : And wdiosoever shall bee absent any of the days appointed for traininge, after the houre appointed, or shall not continue the whole time, shall forfeitt the summe of two shillings six pence, for every default, except such as are licensed under the hand of two magistrates ; The dark of the severall bands are to distreine the delinquents within fourteene days after the forfeiture, whereof six pence shall bee to himselfe, and the remainder for the maintenance of drums, cullers, unds any swyne or cattle, shall give present no- tice to the owners, if hee bee knowne, or otherwise, they shall be cryed at the two next lectures or markitts ; and if swyne or cattle escape out of the pound, the owner, if knowne, shall pay all damma- ges according to lawe. And whereas impounding of ccittle, in case of tress- passes, hath beene alwayes found both needfull and profitable, and all the breaches about the same, very offensive and injurious : // is therefore ordered hy this Courte and authori' ty thereof, That if any person shall resiste or rescue any cattle going to the pound, or shall, by any way or meanes, convey them out of pound, or custody of the lawe, whereby the party wronged, may lose his dammage, and the lawe bee deluded, that in case of meere rrescues, the party offending, shall forfeitt to the treasure, forty shillings ; and in case of pound breach, five pounds, and shall allso, pay all dammages to the party wronged ; and if in the rescue, any bodily harmes bee done to the person of any man, or other, they shall have remedye against the rescuers ; and if either bee done by any not of abilitye to answer the dammage and forfeitt aforesaid, they shall bee bodily whipped by war- rant from any magistrate before whome the of- fender is convicted, in the towne or plantation where the offence was committed, not exceeding twenty stripes for the meere rescues or pound breach, and 80 for all dammages to the party, they shall satisfie by service, as in case of theft; and if it appear, there were any procurement of the owner of the cattle, thereunto, and that they were abettors, they shall all pay forfeitures and damnnages, as if themselves had done it. PROFANE SWEARING. It is ordered, and by this Courts decreed. That if any person within this jurissdiction shall sweare rashly and vainely, either by the holy name of God, or any other oath, and shall sinfully and wickedly curse any, hee shall forfeitt to the com- mon treasure, for every such severe offence, ten shillings : And it shall bee in the power of any magistrate, by warrant to the constable, to call such persons before him, and uppon just proofe to pass a sentence, and lev^ye the said penalty, ac- cording to the usual order of justice ; and if such persons bee not able, or shall utterly refuse to pay the aforesaid fyne, hee shall bee committed to the stocks, there to continue, not exceeding three hours, and not less than one lioure. RATES. It is ordered hy this Courte and authority there', of, That every inhabitant shall henceforth contrib- ute to all charecs, both in church and common- wealth, whereof hee doth or may receive benefitt ; and every such inhabitant who shall not voluntarily contribute proporlionably to his ability with the | rest of the same towne, to all common charges, both ' civill and ecleseasticall, shall bee compelled there- | unto by assessments and distress, to be levyed by the | constable or other oflirerof the towne, as in other f 81 cases ; and that the lands and estates of all men, whereever they dwell, shall be rated for all towne charges, both civill and eclesiasticall, as aforesaid, where the lands and estates shall lye, and theire per- sons where they dwell. Ffor a more equall and ready way of raising meanes of defraying of publique charges in time to come, and for preventing such inconveniences as have fallen out uppou former assessments ; It is ordered and enacted hy the authority of this Courie, that the treasurer for the time being, shall from yeare to yeare, in the first month, without ex- pecting any other order, send forth his warrant to the constables of every towne within this jurissdic- tion, requiring the constable to call together the inhabitants of the towne, whoe being so assembled, shall chuse three or four of theire able inhabitants whereof, one to bee a commissioner for the towne, who shall some time or times in the sixth month then next ensuing, make a list of all the male per- sons in the same towne, from sixteene yeares old and upwards, and a true estimation of all personall and real! estates being, or reputed to bee, the estate of all and every the persons in the same towne, or otherwise under theire custody or managing, accord- ing to just valuation, and to what persons the same belong, whether in theire owne towne or other- where, as neare as tliey can, by all lawfull wayes nul meanes, which they may use, viz. of howses. iinds of all sortes. as well unbroken up as other, ^xcept such as doth or shall lye common for free (Tod of cattle to the use of the inhabitants in gene- all, whether belonging to townes or pcrticular per- ODS, but not to bee kept or bearded uppon it to the lammage of the proprietors, mills, shipps. and all small vesseljs, merchantable goods, cranes, wharfes, and all sortes of cattle, and all other knowne estate whatsoever; as allso, all visible estate, either at sea, or on shoare ; all which persons and estates, are by the said commissioners and selectmen, to bee as- sessed and rated, as here followeth, viz. every per- son aforesaid, except magistrates and elders of the churches, two shillings sixpence by the head, and all estates both reall and personall, at one penny for every twenty shillings, according to the rates of cattle hereafter mentioned ; and for a more cer- taine rule in rating of cattle, every cowe of foure yeare old and upward,- shall bee valued at five pounds, every heifer and steare between three and foure yeare old, foure pounds, and between two and three yeare old fifty shillings ; and between one and two yeare old, thirty shillings ; every oxe and bull of foure yeare old and upwards, six pounds ; every horse and mare of foure yeare old and upwards, twelve pound, of three yeare old, eight pounds, betweene two and three yeares old, five pounds, of one yeare old, three pounds ; every sheepe of one ; yeare old thirty shillings ; every goate above one yeare old eight shillings ; every swyne above one '. yeare old, twenty shillings ; and all cattle of all f sortes, under a yeare old, are hereby exempted ; as ii allso, all hay and corne in the husbandmans hand, [ because all meadow, earable ground, and cattle are rateable as aforesaid. And for all such persons as by the advantage of theire artes and trades are more able to helpe beare the publique charge, then common labourers, and workmen, as butchers, ba- kers, bruers, victuallers, smiths, carpenters taylors, shoemakers joiners, barbers, millers and masons, with all other manuall persons and artists, such are f to be rated for theire returnes and gaines propor- < tionably unto other men for the produce of theire 83 estates ; provided, that in the rate Ly tlic polls, such persons as are disabled by sickness, lameness, or other infirmities, shall be exempted ; and for such servants and children as take not wages, theire pa- rents and masters shall pay for them, but such as take wages shall pay for themselves. And it 19 further ordered^ That the commissioners for the severall townes uppon this river, shall yeare- ly meet uppon the third Thursday in the sixth month at Hartford ; and the commissioners for the townes of Ffairefeild and Strattford, shall meett the same day in one of those townes, and bring with them, faiiely written, the just number of males listed as aforesaid, the assessment of estates made in theire severall townes, according to the rules and direc- tions in this present order expressed. And the said comissioners being so assembled, shall duely and carefully examine all the said jists and assessments of the severall townes, and shall correct and perfect the same, according to the true intent of this order, and the same so perfected, they shall transmitt un- der theire hands, to the generall courte, the second Thursday in September, and then directions shall bee given to the Treasurer for gathering of the said rate ; and every one shall pay theire rate to the constable of the towne where it shall bee assessed ; nor shall any land or estate bee rated in any other towne, but where the same shall lye, is or was im- proved to the owners, reputed owners, or other proprietors use or behoofe, if it bee within this urissdiction. And for all pecuhars, viz. Such • laces as are not yet laid within the bounds of any owne, the same land, with the persons and estates hereupon, shall bee assessed, by the rates of the owne next unto it, and the measure ' or estimation, nail bee by the distance of the meeting bowses j 84 aud if anj of the said comissioners, or of the se- lectmen, shall willingly faile or neglect to performe 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, every such ofiender shall bee fyned forty shillings for every such offence, or so much as the country shall bee damnified thereby, so as it ex- ceeds not forty shillings for one offence ; provided, that such offence or offences bee complained of and prosecuted in due course of law, within six months. Audit is further ordered^ That uppon all distresses to bee taken for any of the rates and assessments aforesaid, the officer shall distreine goods or cattle, if they may bee had; and if no goods, then lands or howses, and if neither goods nor lands can bee had within the towne where such distresses are to bee taken, then uppon such returncs to the treasur- er, he shall give warrants to attache the body of such persons to bee carried to prison, there to bee kept till the next courte, execept they put in se- curity for theire appearance there, or that payment bee made in the meane time. And it is further ordered, That the prises of all sortes of corne to bee received uppon any rate by virtue of this order, shall bee such as the courte shall sett from yeare to yeare, and in default there* of they shall bee accepted at the price current, to bee judged by the said comissioners. And it is further ordered, That all estates of land in England, shall not be rated in publique assess- ment. It is allso provided and ordered, That all towns rates shall bee made after the same manner, and by the same rule, as the country rate. 65 Whereas much wrong liath beene done to the coun« try, by the neghgence of constables in not gath- ering such levyes as they have received warrants from the Treasurer, during theire office : It is therefore ordered^ That if any constable shall not have gathered the levyes comitted to his charge by the Treasurer then being, during the time of his office, that he shall notwithstanding expiration of his office, have power to levye by distress, all such rates and levyes ; and if he bring them not in to the old treasurer, according to his warrants, the Treas- urer shall distreine such constables goods for the fame ; and if the Treasurer shall not so distreine the constable, hee shall bee answerable to the country for the same ; and if the constable bee not able to make payment, it shall bee lawfull for the Treasurer, old or new respectively, to distreine any man or men of that towne where the constables are unable for all arrearages of levyes, and that man or men, uppon petition to the Generall courte, shall have order to collect the same againe, equally of the towne, with his just dammages for the same. It is further ordered by this Courte, That all col- lectors and gatherers of rates, shall appoint a day and place, and give reasonable warning to the in- habitants to bring in theire proportions, uppon which, every man so warned, shall duely attend to bring in his rate, or uppon neglect thereof, shall forfeitt two pence in the shilling for what hee falls shorte, and the said collector shall have authority hereby to distreine the delinquents, or bee accounta- ble themselves for the rates and penalties so neg- lected by them. 8 86 RECORDS. It IS ordered hy this court e^ and authority thereof ^ That the towne dark or register in the severall townes of this jurissdiction shall record, all births and deaths of persons in theire towne, and that all parents, masters of servants, executors and ad-^ ministrators respectively, shall bring into the regis- ter of theire severall townes, the names of such persons belonging to them or any of them, as shall either bee borne or dye 5 and allso, that every new married man shall likewise bring in a certificate of his marriage, under the hand of the magistrate which married him, to the said register, and for each neglect, the person to whome it doth belong, shall forfeitt as followeth, viz. If any person shall neglect to bring in a noate or certificate as aforesaid, togeth- er w^ith three pence a name, to the said register, for all births and deaths, and sixpence for each mar- riage to bee recorded, more then one month after such birth, death or marriage, shall forfeitt for every default, five shillings, and the penalty further increased, uppon longer neglect, according to the judgement of the courte ; and the register of each towne shall yearely, convey to the Secretary of the courte, a true transcript of the births, deaths and marriages given under theire hands, with a third parte of the aforementioned fees, under the penalty of forty shillings for every such neglect, all which forfeitures shall bee returned into the Treasury ; allso, the grand jurors may present all neglects of this order. It is ordered by the anthority aforesaid^ That the severall townes within this jurissdiction, shall each of them provide a ledger booke, with an index or 87 alpbabelt unto the same, allso shall chuse one whoe shall bee a towne clerke or register, whoe shall be- fore the Generall courte in September next, record every mans howse and lands already graunted and measured out to him, with the bounds and quantity of the same ; and whosoever shall neglect three months after notice given, to bring in to the said towne clerke or register, a noatc of his howse and land, with the bounds and quantity of the same, by the nearest estimation, shall forfeitt ten shillings ; and so ten shillings a month, for every month hee shall so neglect ; the like to bee done for all lands hereafter graunted and measured to any ; and if any such granter, being required by the grantee, his heirs or assigns, to make an acknowledgment of any graunt, sale, bargaine or morgage by him made, shall refuse so to do, it shall bee in the power of any magistrate, to send for the partye so refusing, and committ him to prison without bayle or maine- prise, untill he shall acknowledge the same : And the grantee is to enter his caution with the record- er, and this shall save his interest in the meane time ; and all bargaines or morgages of lands what- soever, shall bee accounted of no value untill they bee recorded ; for which entry the register shall receive six pence for every parcell, delivering every owner a copy of the same under his hand ; whereof, foure pence shall bee for himsclfe, and two pence for the secretary of the courte. And the said register shall, every Generall courte, in May and September, deliver unto the same, a transcript, fairely written, of all such graunts, bargaines or in- gagements, recorded by him in the towne booke ; and the secretary of the courte, shall record it in a booke fairely written, provided for that purpose, and shall preserve the coppy brought in under the 88 hand of the towue clarke ; Allso, the said townc clarke shall have for every search of a parcell, one penny, and for every copy of a parcell, two pence, and a copy of the same under the hand of the said register, or tovv^ne clarke, and two of the men chosen to governe the towne, shall bee a sufficient evidence to all that have the same. Ffor the better keeping in minde those passages of Gods providence, which have beene remarkable, since our first undertaking of these plantations ; Mr. Deputy, Capt. Mason, Mr. Stone with Mr, Goodwyn, are desired to take the paines severally, in theire severall townes, and then jointly together, to gather up the same, and deliver them into the Generall courte in September next, and if it bee judged then fitt, they may bee recorded : and for future times, whatsoever remarkable passages shall bee, and if they bee publique, the said parties are desired to deliver in the same to the Generall courte ; but if any perticular person doe bring in any thinge, hee shall bring it under the hands of two of the aforementioned parties, that it is true, then present it to the Generall courte, that if it bee there judged requisitt, it may bee recorded ; provided, that any' Generall courte, for the future, may alter any of the parties before mentioned, or add to them, as they shall judge meett. It is allso ordered hy this courte^ and decreed, That after the death and decease of any person possessed of any estate, bee it more or less, and whoe mak- eth a will in writing, or by word of mouth, those men which are appointed to order the affaires of the towne, where any such person deceaseth, shall within one month after the same, at farthest, cause a true inventory to bee taken of the said estate, in writing, as allso, take a copy of the said will or 09 festament, and eiiler it into a booke, or keepe (lie coppy in safe custody ; as allso, enter the names uppon record, of the children, and legatees of the testator or deceased person : And the said orderers of the affaires of the towne, are to ?ee every such will and inventory, to bee exhibited into the pub- lique courte, within one quarter of a yeare, where the same is to bee registred : And the said order- ers of the affaires of the towne. shall doe theire indeavors in seeing that the estate of the testator bee not wasted nor spoiled, but improved for the best advantage of the children or legatees of the testator, according to the minde of the testator, for theire, and every of theire ust-, and Iheirc and eve- ry of theire allowance and approbation : But where any person dyeth intestate, the said ordcrcrs of the afiaires of the towne, shall cause an inventory to bee taken, and then the publique courte may graunt the administration of the goods and chatties to the next of kinn, jointly and severally, and devide the estate to wife, (if any bee) children or kindred, as in equity they shall see meett. And if no kindred bee found, the courte'to administer for the publique good of the common ; provided there bee an inven- tory registred, that if any of the kindred, in future time appeare, they may have justice and equity done unto them. And all charges that the publique courte, or the orderers of the aO'aires of the towne are at, about the trust committed to them, either for writing or otherwise, to bee paid out of the estate. Whereas allso, it was recomended by the com- missioners, that for the more free and speedy pas- sage of justice in each jurissdiction, to all the con- federates, if the last will and testament of any person, bee duclv prooved in. and ducly certified 90 from any one of the colonyes, it bee without delay, accepted and allowed in the rest of the colonyes, unless some just exception bee made against such will, or the prooving of it, which exception to bee duely forthwith duely certified back to the colony where the said will was prooved, that some just course may bee taken to gather in and dispose the estate without delay or dammage ; And allso, that if any knowne planters or settled inhabitants, dye intestate, administration bee graunted by that colo- ny unto which the deceased belong, though dying in another colony: And the administration being duely certified to, bee of foice for the gathering in of the estate, in the rest of the colonyes, as in the case of wills prooved, where no just exception is returned : But if any person possessed of an estate,, whoe is neither planter, nor settled inhabitant in any uf the colonyes, dye intestate, tlie administra- tion (if just cause bee found to give administration) bee graunted by that colony where the person shall dye and departe this life, and that care bee taken by that governement, to gather in and secure the estate, untill it bee demaunded, and may bee deliv- ered according to rules of justice ; which uppon due consideration, was confirmed by this courte, in the behalfe of this colonye, and ordered to bee at- tended in all such occassions, for the future ; pro- vided, the Generall courtes of the other colonyes, yeild the like assent thereunto. SCHOOLES. It being one cheife project of that old deluder, Sathan, to keepe men from the knowledge of the scriptures, as in former times, keeping them in an unknowne tonsjue, so in these latter times, by pers wading them from the use of tongues, so that at least, the true sence and meaning of the origin- all miglit bee clouded with false glosses of saint seeming deceivers ; and that learning may not bee buried in the grave of our forefathers, in church and commonwealth, the Lord assisting our indeavors ; It is therefore ordered hy this court e and authority thereof That every towneshipp within this juriss- diction, after the Lord hath increased them to the number of fifty howshoulders, shall then forthwith appointe one within thcire towne. to teach all such children, as shall resorte to him, to write and read, whose wages shall bee paid, either by the parents or masters of such cliildren. or by the inhabitants v^in generall, by way of supj)lye, as the major parte ^of those who order the prudentialls of the towne, shall appointe ; provided, that those who send theire J children, bee not oppressed by paying much more ( then they can have tlicm taught for, in other townes. ' And it is further ordered, That where any towne shall increase to the number of one hundred fami- lies or howshoulders, they shall sett up a grammar schoole, the masters thereof, being able to instruct youths, so farr as they may bee titted for the uni- versity , and if any towne neglect the performance hereof, above one yeare, then every such towne shall pay five pounds per annum, to the next such schoole, till they shall performe this order. The propositions concerning the meintenance of schollars at Cambridge, made by the comissioners, is confirmed. And it is ordered, That two men shall bee ap- pointed in every towne within this jurissdiction, whoe shall demand what every familye will give, and the same to beeuathered and brontjht into some 92 roome, in March ; and this to continue yearely, ag .- it shall bee considered by the comissioners. SECRETARY. It is ordered and decreed^ That within twenty dayes after the session of every Generall courte, the se- cretary thereof, shall send forth copies of such lawes and orders as are or shall bee made, at either of them, which are of generall concernement for j the governement of this commonwealth to the con- stables of each towne within this jurissdiction, for them to publish within Fourteene dayes more, at some publique meeting in theire severall townes, and cause to bee written into a booke and kept for the use of the towne, and once every yeare, the \ constables in each towne, shall read or cause to bee ' read, in some publique meeting, all the capitall lawes, and give notice to all the inhabitants, where they may, at any time, see the rest of the lawes and orders, and acquaint themselves therewith : And the secretary of the courte, shall have twelve pence, for the copy of the orders of each session as aforesaid, from each of the townes. And it is further ordered^ That the secretary of the courte, shall record such wills and inventories as are exhibited into the said courte, and shall fylc the originall of them, and give a coppy thereof, to such as desire it, for which hee shall have for every record of any will or inventory, or both, which is above the summ of forty pounds, three shillings foure pence, and for every coppy of them, or either of them, one shilling eight pence ; and for every search or supervising of them, six pence ; allso, for recording of every will or inventory, or both, which is above the summ of thirty pounds, and 03 under the summ of forty pounds, two shillings six pence ; and for every coppy of them, or either of them, fifteene pence, and for every search or super- vising of them, foure pence ; allso for every at- tachement, twelve pence, and for every bond or recogniscance in or about the same, six pence ; allso, for every execution above five pounds, the secretary shall have twelve pence, and for every execution under five pounds, six pence 5 allso, for the entry of every or any recogniscance in courte, six pence, and for the withdrawing of it, twelve pence, which shall bee paid before the bounden bee freed from his said recogniscance. It is allso ordered, That whosoever shall take out any warrant from the secretary of the courte, that concerns an action, shall before hee hath a warrant, enter his action with the secretary, and then take out his warrant for summons to answer the same, for which they shall pay for every entry, twelve pence, and for every warrant, foure pence, though they agree with theire defendants before the courte : Allso, if any other magistrate shall graunt a war- rant, which concerns an action, they shall enter the action in a small booke for that purpose, before they graunt the warrant, and shall make a due re- turne, at every courte, to the secretary thereof, what such warrants, and to whome they have graunted, and all such persons shall bee as lyable to pay twelve pence for every such action, to the secretary of the courte, as if they should have had theire warrants of him. STRAYES. It is ordered hy this Courte, and authority thereof ^ That whosoever shall take up any straye beast, or 94 find any goods lost, whereof the owner is not knowne, he shall give notice thereof to the consta- ble of the same towne, within six days, who shall enter the same in a booke, and take order that it bee cryed at theire next lecture day, or generall meeting uppon three severall dayes, and if it bee above twenty shiUings value, at the next markitt, or two next townes pubiique meetinge, where no markitt is within ten miles, uppon paine, that the partye so finding, and the said constable having such notice, and failing to doe as is heereby appointed, to forfeitt either of them, for such default, one thirde parte of the value of such straye, or lost goods. And if the finder shall not give notice as afore- said, within one month, or if hee keepe it more then three months, and shall not aprize it by sufficient men, and allso record it with the register of the towne where it is found, hee shall then forfeitt the full value thereof, and if the owner appears within one yeare after such publication, hee shall have restitu- tion of the same, or the value thereof, hee paying all necessary charges, and the constable for his care and paines, as one of the next magistrates, or one of the townsmen shall adjudge ; and if no owner appeare within the time prefixed, the said straye or lost goods shall bee thus devided, one fourth parle thereof with his reasonable charge, shall bee to the finder ; one fifth parte thereof, or ten shillings, to the constable, at the choyce of the courte, and the rest to the commonwealth ; provided there bee three streakes dipt in the haire of the neare but- tock, six inches long, that they may bee knowne. 0.5' SWYNE. It is ordered by this courte, That all the swyne, either hoggs or shoates, in the severall plantations, that are kept at home within the towne, shall by September next, bee ringed or yoaked, or kept up in theire yards, under the penalty of foure pence for every such swyne, to bee paid by the owner, to the party that shall take the swyne so defective, and impound them ; allso, all such as are kept by beards in the woods, shall not bee suffered to abide above one nighte, in the towne ; but that it shall bee law- full to impound them, in case they come at any time home, from the middle of March to the middle of November. (Ffairefeild and Strattford desire to bee included in this order.) Ffor the better preserving corne and meadow on the east side of the Great River; It is ordered hy this courte, That there shall no hoggs nor swyne of any sorte bee put over thither, or kept there, at any time after the publishing of this order, except they bee kept out of the bounds of the severall townes, or in theire yardes, under the penalty of two shillings a head for every hogg or swyne, for every time they shall bee found there^ contrary to this order. TIMBER. It is ordered by this courte, That no timber shall bee felled within three myles of the mouth of Mat- tabeseck river, nor at unseasonable times, viz. from the beginning of Aprill to the end of September^ 96 and that it be improved into pipe-staves, or some other merchantable commodity, within one month after the felling thereof, or carted together; and that the timber so inproved, shall not bee trans- ported from the river, but for discharge of debts, or fetching in some necessary provision. TOBACKO. flbrasmuch as it is observed, that many abuses are crept in, and comitted, by freqnent taking of to- backo. It is ordered hy the authority of this Courte, That no person under the age of twenty one years, nor any other, that hath not already accustomed him- selfe to the use thereof, shall take any tobacko, untill hee hath brought a certificate under the hands of some who are approved for knowledge and skill in phisick, that it is useful! for him, and allso, that hee hath received a lycense from the courte, for the same. — And for the regulating of those, who either by theire former taking it, have, to theiro owne apprehensions, made it necessary to them, or iippon due advice, are pursuaded to the use thereof. It is ordered, That no man within this colonye, after the publication hereof, shall take any tobacko, publiquely, in the streett, highwayes or any barne yardes, or uppon training dayes, in any open pla- ces, under the penalty of six-pence for each offence against this order, in any the perticulars thereof, to bee paid without gainesaying, uppon conviction, by the testimony of one witness, that is without just exception, before any one magistrate. And the constables in the severall townes, are required to "J 7 make presentment to each pcrticular courte, o( such as they doe understand, and can evict to bee transgressors of this order. TRESSPASSES. It is orderedhy this Courte and authority thereof^ That if any horse or other beast, trespass in corne, or other inclosure, being fenced in such sorte as secures against cowes, oxen, small calves, and such hke orderly cattle, the party or parties tresspassed, shall procure two able men of good reporte and creditt, to view and adjudge the harmes, which the owner of the beast shall satisfie (when knowne) up- pon reasonable demaund, whether the beast were impounded or not; but if the owner bee knowne and neare residing, as in the same towne, or the like, notice shall bee left at the usuall place of his aboade, of the trespass, before an estimation bee made thereof, to the end hee, or any others ap- pointed by him, may bee present when the judge- ment is made ; the like notice allso, shall bee left for him, of the dammage charged uppon him, that if hee approve not thereof, hee may repaire to the select townsmen, or some of them, who shall, in such case, nominate and appoint two able and in- different men, to review and adjudge the said harmes, which being forthwith discharged, togeth- er with the charge of the notice, former and latter view, and determination of damniages, the first judge- ment to bee void, or else to stand in lawe. TREASURER. It is ordered, That the Treasurer shall deliyer no money out of his hands, to any person, without the 98 Lands of two magistrates, if the summ bee above twenty shillings ; if it bee under, then the Treas- urer is to accept of the hand of one ; but if it bee for the payment of some bills to bee allowed, which are referred to some comittees to consider of, whether allowed or not, that such bills as they al- lowe and sett their hands unto, the Treasurer shall accept and give satisfaction. VOATES. ^ // is ordered hy this Courte, and decreed, That if any person within these liberties, have beene or shall bee fyned or whipped for any scandalous of- fence, hee shall not bee admitted, after such time, to have any voate in towne or commonwealth, nor to serve on the jury, untill the courte shall manifest theire satisfaction. VERDICTS. That love and peace, with truth and righteousnes may continue and flourish in these confederated colonyes. It was uppon the recommendation of the com- missioners, ordered, that any verdict or sentence of any courte within the colonyes, presented under authentique testimony, shall have a due respect in the severall courtes of this jurisdiction, where there may be occasion to make use thereof; and shall bee accounted good evidence for the partye, untill better evidence, or other just cause appeare, to alter, or make the same voide ; and that in such case, the issuing of the cause in question, bee re spited for some convenient time, that the courte 91) may be advised with, where the verdict or sen- .tence first passed ; provided notwithstanding, that this order shall bee accounted valid, and improved onely for the advantage of such as live within some of the confcfidcrated colonyes, and where the ver- dicts in the courts of this colony, may receive re- ciprocal! respect by a like order established by the Generall courte of that colonye. WYNE AND STRONG WATER. Whereas many complaints are brought into the courte, by reason of diverse abuses that fall out by severall persons that sell wyne and strong water, as well in vessels on the river, as allso in several! bowses, for the preventing hereof, It is now ordered by the authority of this Courte^ That no person or persons, after the publishing of this order, shall neither sell wyne nor strong water, by retaile, in any place within these libberties, with- out license from the perticular court or any two ma- gistrates, or vvhere there is but one magistrate, by a magistrate and one of those appointed to order the affaires of the towne. WWTCHES. // is ordered by this Courte, and decreed, That there shall bee a suflkient watch meinteined in ev- ery towne, and that the constable of each towne shall duely warne the same, and see that the inhab- itants or residents, doe severally in (heire turnes, observe the same, according as the inhabitants doe agree; And this courte doth explaine themselves, and order, that whosoever within this iurissdiction, 100 that is lyable to watch, shall take a journeye out of the towne wherein hee liveth, after he hath had timely notice and warninge to watch, hee shall provide a watchman for that turne, though him< selfe bee absent; and if any man that takes a joiu- nye, or goes out of the towne wherein hee liveth, if hee returne home within a weeke after the watch is past his howse, hee shall be called back to watch that turne, past a weeke before. And for the better keeping watches and wardes, by the constables, in time of peace, It is ordered hy this Conrte, and authority thereof, That every constable shall present to one of the next magistrates, the name of every person, who shall uppon lawfull warning, refuse or neglect to watch or ward, either in person, or some other, fitt for that service ; and if being convented, hee cannott give a just excuse, such magistrate shall graunt warrant to levye five shillings on every such offender, for every such default, the same to bee imployed for the use of the watch of the same towne ; and it is the intent of the lawe, that every person of able body (not exempted by lawe) or of estate to hire another, shall bee lyable to watch and warde, or to supplye it by some other, when they shall bee thereunto re- quired ; and if there bee, in the same howse, di- verse such persons, whether sonnes, servants or sojourners, they shall all be compellable to watch, as aforesaid ; provided, that all such as keepe families at theire farmes, being remoate from any towne, shall not be compellable to send theire servants or sonnes from their farmes, to watch and warde in the townes. 101 WOLVES. Whereas great loss and dammage doth befall this Commonwealth, by reason of wolves, which de- stroy great numbers of our cattle, notwithstanding provision formerly made by this courte for supres- singof them; therefore, for the better incourage- mentof any to sett about a worke of so great con- cernement, // is ordered by this Courte^ and authority thereof. That any person, either English or indian, that shall kill any wolfe or wolves, within ten myles of any plantation within this jurissdiction, shall have for every wolfe by him or them so killed, ten shillings paid out of the Treasurye of the country ; provid- ed, that due proofe be made thereof, unto the plan- tation next adjoining where such wolfe or wolves were killed; and allso, bring a certificate under some magistrates hand, or the constable of that place, unto the Treasurer. WRECKS OF THE SEA. It is ordered and decreed^ and by this court declar- ed, That if any shipps or other vessells, bee it ffreind or enemye, shall suffer shipwreck upon our coasts, there shall be no violence or wrong offered to theire persons or goods, but theire persons shall be harboured and releived, and theire goods preserved in safety, till authority may bee certified, and shall take further order therein. 9* lOi VESSELLS. It is ordered hy this Courte, and authority thereof. That no vessell nor boat, shall have libberty to goe from any porte in any towne within this jurissdic- tion, before they have entred with the register or recorder, in each towne, what quantity of powder and shott they carry forth with them in theire said , vcssells, and shall take a certificate under the said registers or recorders hand, of the same, paying to him for every certificate, four pence ; and if any vessell shall attempt to goe from the said towne or porte, or townes and portes, before hee hath entred as aforesaid, or shall be found with any more or greater quantity of powder and shott, aboard the vessell or vessells, then they had a certificate to shew they had entred, shrJl forfeit and pay for each default, the true value of all such powder and shott as they should have entred as aforesaid : And all such persons, or masters of such vessells, shall give a true account uppon theire return, to the said recorder, where they have entered the premises, how they have disposed thereof, uppon the former penalty : And if the said towne register, or record- er, shall have just cause to conceive that hee or they carry forth more of the premises, then in an ordinary way, is requisite for their necessary de-, fence and safety in theire intended voyage, then the said persons oi masters of vessells, shall give in se- curity unto the said recorder, if by him required thereunto,, that hee shall give a due account to this commonwealth, of the same, uppon his returne. NEW-HAVEN ANTIQUITIES. OR EXTRACTED FROM THE ANCIENT RECORDS OP NEW- HAVEN. Jt a Court held at New-Haven^ A, D» 1643. Andrew Low, jun. for breaking into Mr. Ling's house, where he brake open a cupboard and took from thence some Strong Water,* and 6d. in mon- ey, and ransackt the house from roome to roome, and left open the doors, for which fact being com- mitted to prison brake forth and escaped, and still remains horrible obstinate and rebellious against his parents, and incorrigible under all the means that have been used to reclaim him. Whereupon it was ordered that he shall be as severely whipt as the rule will bare, and work with his father as a prisoner with a lock upon his leg so that he may not escape. December 3j, 1651. It was propounded that some safer way might be found out to Connecticote, that the danger of the East River may be avoyded. The new waye was '*■ Ruvi. 104 desired to be viewed again, as William Bradley of- fered to lend his cannow to lie in the East River, if" the town will find ropes to draw it to and agayne. .^t a Court, held May 1, 1660. Jacob M. Murline and Sarab Tuttle being called appeared, concerning whom the Governor declar- ed, that the business for which they were warned to this court he had heard in private at his house, which he related to stand thus. On the day that John Potter was married Sarah Tuttle went to Mistress Murline's house for some thredd, Mistress Murline bid her go to her daugh- ters in the other roome, where they felle into speeche of John Potter and his wife, that they were both lame, upon which Sarah Tuttle said, that she wondered what they would do at night. Whereup- on Jacob came in, and tooke up or tooke away her gloves. Sarah desired him to give her the gloves, to which he answered he would do so if she would give him a kysse, upon which they sat down togeth- er, his arme being about her waiste, and her arme upon his shoulder or about his necke, and /le kys- sed her and she kyssed him, or they kyssed onean- other, continuing in this posture about half an hour, as Marian and Susan testitied, which Marian, now in court, affirmed to be so. Mistress Murline, now in court said that she heard Sarah say she wondered what they would do at night, and shee replyed they must sleep ; but it was matter of sorrow and shame unto her. Jacob was asked what he had to say to these things, to which he answered that he was in the oth- er roome, and when he heard Sarah speak those words, he went in, when shee having let fall her 105 gloves he topke them up and she asked him for them, he told her he would if she would kysse him. Further said hee tooke her by the hand, and they both sat down upon a chest, but whether his arme were about her waiste, and her arm upon his shoul- der or about his neck, he knows not, for he never thought of it since, till Mr. Raymond told him of it at Mannatos for which he was blamed and told he had not layde it to heart as he ought. But Sarah Tuttle replied that shee did not kysse him. Mr. Tuttle replied that Marian hath denied it, and he doth not looke upon her as a competent witness. Thomas Tuttle said that he asked Marian if his sis- ter kyssed Jacob, and she said not. Moses Mans- field testified that he told Jacob Murline that he heard Sarah kyssed him, but he denied it. But Ja- cob graunted not what Moses testified. Mr. Tuttle pleaded that Jacob had endeavoured to steal away his daughter's affections. But Sarah being asked if Jacob had inveagled her, she said no. Thomas Tuttle said that he came to their house two or three times before he went to Hol- land, and they two were together, and to what end he came he knows not, unless it were to inveagle her. And their mother warned Sarah not to keep company with him. And to the same purpose spake Jonathan Tuttle. But Jacob denied that he came to their house with any such intendment, nor did it appeare so to the court. The Governor told Sarah that her miscarriage is the greatest, that a virgin should be so bold in the presence of others to carry it as she had done, and to speake suche corrupt words, most of the things charged against her being acknowledged by herself, though that about kyssirg is denied, yet the thing is prooved. Sarah professed that she was sorry that 1U6 sliee had carried it so sinfully and foolishly, which she saw to be hateful. She hoped GOD would help her to carry it better for time to come. The Governor allso told Jacob that his carriage hath been very evil and sinful so to carry it towards her, and to make such a light matter of it as not to think of it, (as he exprest,) doth greatly aggravate, and for Marian, who was a married woman, to suf- fer her brother and a man's daughter, to sit almost half an hour in such a way as they have related was a very great evil. She was told that she should have showed her indignation against it, and have told her mother, that Sarah might have been shut out of doors. Mrs. Murline was told that she, hear- ing such words, should not have suffered it. Mrs. Tuttle and Mrs. Murline being asked if they had any more to say they said no. Whereuppon the court declared, that we have heard in the Publique Ministry that it is a thing to he lamented, that young people should have their meetings to the corrupting of themselves and one another. As for Sarah Tuttle her miscarriages are very great, that she should utter so corrupt a speeche as she did concerning the persons to be married, and that she should carry it in such a wan- ton, uncivil, immodest and lascivious manner as hath been proved. And for Jacob his carriage hath been very corrupt and sinful, such as brings reproach upon the family and place. The sentence therefore concerning them is, that they shall pay either of them as a fine 20s. to the Treasurer. lo: A Court holden 3d Kovember, J 639. It is ordered, that Mr. Hopkins shall have two hogsheads of hme for his present use, and as much more as will finish his house as he now intends itt, he thinking that two hogsheads more will serve. It is ordered, that a meeting-house shall be built forthwith, fifty foote square ; and that the carpenters shall fall timber where they can tinde it till allot- ment be layed ont, and men know ther own pro- prietyes. It is ordered, that Mr. Gregson and Mr. Evance shall have fower daycs liberty after this day to square their timber, before the former order shall take hold of them. It is ordered, that Mr. Eaton, Mr. Davenport, Robt. Newnan, Matthew Gilbert, Capt. Turner and Thomas Fflugill shall rom hence forward have the disposing of all the ho/ -e lotts, yett undisposed of, about this towne, to s{ :h persons as they shall judge meetc for the good of the plantation ; and thatt none shall come to dwell as planters here without their consent and j>.llowance, whether they come in by purchase or otherwise. It is ordered, that every one thatt beares amies shall be compleatly furnished with armes, (viz) a muskett, a sword, vandaleers, a rest, a pound of powder; 20 bullets fitted to their muskett, or 4 pound of pistoll shott, or swan shott att least, and be ready to show them in the market place upon Monday the 6th of this moncth, before Captaine Turner and Lieutenant Seeley, under the penalty of 20s fine for every default or absence. A Court huldenthe Ath of December, 1639. It is ordered that Thomas Saule shall agree with Goodman Spinnage before the next Court, or else 108 the Court will determine the difference between them. Roger Duhurst and James Stewart are enjoyneb to make double restitution to John Cockerill for five pound and seventeen shillings, which they stole out of his chist on the Lords day in the meeting time, and they being servants to the said Cockerill, ,- for which aggravation they were whipped also. Thomas Manchester, servent to Mr. Perry, being accused by his master for being drunk, and for giv- ing his master uncomely language, for which his master having given him some correction, the Court (only ) caused him to be sett in the stocks for a certain time. Nicholas Tamer, servant to the said Mr. Perry, for drunkenness and abusing his master in words, was whipped. A General Court 4th of January^ 1639. It is agreed by the towne, and accordingly order- ed by the Courte, that the Neck shall be planted or sown for the term of seven years, and that John Brockett shall goe about laying it out, for which, and all differences betwixt party and party about ground formerly broke up and planted by English there, shall be arbitrated by indifferent men, which shall be chosen to that end. It is ordered, that some speedy course shall be taken to keep hogs out of the neck. It is ordered, that a convenient way to the Hay- place be left comon for all the towne. It is ordered, that no cattell belonging to this towne shall goe without a keeper after the first of May nex^ 109 ■■» A General Court, bth February, 1639. It 18 ordered, thatt brother Andrews, bro. Kini- berly, Wm. Enos and Sergeant Beckley shall assist Mr. Ling to ripen Goodman Tap's business against the next Courte, concerning bis demands of certain nionyes which he disbursed for bringing cattell from the Bay, appertaining to divers persons. It is ordered, that brother Andrews shall detaine so much of Robt. Campion, his wages in his hands. as may secure a debt of 3/6 which Mr. Moulend de- maunds of the said Robt. It is ordered, that Mr. Moulend shall pay to Mr- Perry 205 wiiich he owes to him. It is ordered, that Mr. Wilkee shall pay 5 bushells and a halfe of Indian corneto Thomas Buckingham,, for corne destroyed by Mr. Wilks his hogs. Isaiah, Captaine Turner's man,, lined 5/6 ibr be- ing drunk on the Lords day. Wm. Bromfield Mr. Malbon's man was sett in the stocks for prophaning the Lord's day and stealing wine from his master, which he drunk and gave to others. Ellice, Mr. Eaton's boy, was whipped for steaUng a sow and a goate from his master, and selling them. Dav^ Anderson was whipped for being drunke. John Fenner, accused for being drunke with strong waters, was acquitted, itt appearing to be of infirmity, and occasioned by the extremity of the cold. Mr. Moulend accused of being drunke, but nott clearly proved, was respited. Peter Browne, Licensed to bake to sell, so long as he gives no offence in it justly. IZth February, 1639. John Charles forbidden to draw wine, because '^ere hath been much disorder by itt. 10 ^ no Goodman Leone was whipped and sent out of the plantation, being not onelj a disorderly person himselfe, butt an incourager of others to disorderly drinking meetings. George Spencer bqing prophane and disorderly in his whole conversation, and an abettor of others to sin, and drawing on others in to a conspericie to carry away the Cock to Virgenia, was whipped and sent out of the plantation. John Proute, Hen. Brasierand William Brom- field was whipped for joyning in the aforesaid con- spericie, and the said Hen. and Wm. were ordered to weare irons during the magistrate-s pleasure. ^4 Cuurte holden the 1st of July, JG40. Thomas Parsons and John servants to Eiias Parkmore, were whipped for their sinfu 11 dal liance and folly with Lydia Browne bth August, 1640. It is ordered, that none in this plantatione shall ei ther sell or lett a lott to any stranger, for years, with out allowance from the Courte. It is ordered thatt att this, day, every yeare all the Ram Goates in the towne shall either be side stringed, or some other Course taken with them so as they cannot Ram the Ewes till the fittest season. A Court held at KcwHaxen the 3d of the 1th mouthy 1642. Matthew Willson for killing a dog of Mr. Perry's, willfully and disorderly, fined 20^ for his disorder, and ordered to pay 20^ damage to Mr Perry, which 40s Edward Chipperfield undertooke to see pay'd by the last of September next. JohnLobell the Miller, for sinfull dalhance with a little wench of Goodman Halls, was whipped. Ill Qth month, 1642. It is ordered, thatt whosoever findes any things thatt are Lost shall deliver them to the Marshall, to be kept safe till the owners challenge thenn. Jiew-Haven, ^nd November, 1C42. Jeruas Bojkin is ordered to pay unto George Badcockc the sum of 20^ for taking his cannow without leave. It is ordered, thatt those who have their fTarmcs att the River, Called stony River, shall have Liber- ty to make a sluice in the River for their owne con- venience. 1th December, 1642. Fforasmuch as John Owen hath had some damage done in his come by hogs, occasioned through the neglect of Mr. Lamberton, John Bud and Will Pres- ton, in not makeing up their fence in season, It is therefore ordered, thatt the said Mr. Lamberton, John Bud and Will Preston shall make Satisfaction to tlie said John Owen, for the damage done ; (viz.) Eight days worke and two Pecks of Corne, which is to be payd according to the several apportions of ifence unset up rcs[»ectively. ^stof 1st month, 1643. John Lawrence and Valentine, servants to Mr. , Malbon, for Imbczilling their masters Goods, and keeping disorderly night Meetings with Will Hard- ing, a Lewd and disorderly person, plotting with him to carry their master's daughters to the farmes in the night, concealing divers uncleane lilthy dal- liances: all which they confessed and was whip- ped. 112 Ruth Acie, a Covenant servant to Mr. Malbon, for stubornes, lyeing, stealing from her Mrs. and yeilding to tilthy dalliance with Will Harding, was whipped. Martha Malbon, for consenting to goe in the night to the farmes with Will Harding, to a venison feast, for stealing things from her parents, and yield- ing to filthy dalliance with the said Harding, was whipped. Goodman Hunt and his Wife, for keepeing the Councells of the said William Harding, Bakeing him a Pastry and Plum Cakes, and keeping Compa- ny with him on (he Lord's day, and she suffering Harding to kisse her, they being onely admitted to sojourn in this Plantation upon their good behav- ior, was ordered to be sent out of this towne with in one moneth after the date hereof; yea, in a shor- ter time ; if any raiscarryage be found in them. At a Court held at Kew-Haven, September 2, A, D, 1662. Edmund Dorman, plaintiff, entered an action of slaunder or defamation asrainst Jeremiah Johnson, defendant. The plaintiff infoniied against him tl);it he had heard that J. Johnson had reported at John Olvarde's house, that he heard Do.rman at prayer in a swamp for a wife, and being asked by- John Olvarde who the person was, he answered that it was his mare. And there was other circumstan- ces of scoffing, &c. The defendant was asked whether he grauntcd the thing or denied. Tlie defendant desired proof and that the witnesses might speake apart. John Olvarde was first called, who testified that Johnson being at his house, he heard him say, that he heard Kdmund Dorman at prayer in a swamp, (by John 113 Downes's,; for a wife; and sayropounded and pro- posed some things to consideration aboute the gatheringe of a Church. And to {)revent the blemishing of the first beginnings of the worke. He advised that the names oi such as were to be admitted might be pubhquely pro-, pounded, to the end that they who were most approved might be chosen ; for the town being cast into several private meetings wherein they that dwelt nearest together gave their accounts one to another of GOD's gracious work upon them, and prayed together, and conferred to their mutual edification, sundry of them had knowledge one of another, and in every meeting some one was more approved of all tlian any other, — For this reason, and to prevent scandalls, the whole company was intreated to consider whom they found fittest to nominate for this worke. Quraee 6. Whether are you all willing and do agree in this, that twelve men be chosen, that their fitness for 119 t]»e tuiiiitlalion >vork may be trieti, lio\ve\er ibere may be more named, yet it may be in their ])ower who are chosen to reduce them to twelve and it be in the power of those twelve to chuse out of themselves 7, that shall be most approved of the major jjart to Ix^irin the church. This was agreed upon by consent of all, as was expres- sed by holding up of hands, and that so many as should bo tliought tit for the foundation work of a church shall be propounded by the plantation and written down, and passe without exception, unlesse they had given public f^randal or offence, yet so as in case of ])nb]ique scandall and offence, every one shoidd have liberty to propound their excejitions at tjiat time ])ubli(jue]y against any man that should be nonjinated when all tlio, names should be writ down, but if the offence were ])rivaie, that men's names might be tendered, so many as were offended, were intreated to deal with the offender privately. And if he gave not satisfaction to bring the matter to the twelve that they might consider of it impartially and in the feare of GOD. The names of the persons named and agreed upon were ]Mr T. Eaton, Mr. J. Davenport, Ro- bert Newman, Matthew Gibb, Richard Malthie, Nathaniel Turner, Thomas Fugill, John Punderson, WiUiam An- drews, John Dixon. 'No exception was I'rought against any of these in public, except one about taking an exces- sive rate for meal that he had sold to one of Pequonnock in his neede, which he confessed with grief, and declared that having been smitten in heart, und troubled in Jiia conscience, he offered such a part of the price back again, with confession of liis sin to tlie party, as he thought him- self bound to do. And it being feared that the report of the sin was heard further than the report of his satisfao tion a course was concluded on to n:iake the satistaction, to as many as heard of the sin. It was also agreed upon at tlie said meetinge, that if the persons above named did find tliemselves straitened jn the number of tit men for the 7, that it shouM be free for them to take into tryal of fitnesse sucii other as they should ihink meete. Pro- vided that it should be sigjiihed to the town upon the Lonl's day who they so take in tliat every man may bo satisfied of tliem, according to the course formerly taken. [The foregoing was subscribed and signed by one bun- eleven persons.] ^ University of California SOUTHERN REGIONAL LIBRARY FACILITY 405 Hilgard Avenue, Los Angeles, CA 90024-1388 Return this material to the library from which it was borrowed. FEB 91993 7J$ Universit; Southe Libra