A ~= — - <- A ^ ■ =■ ^ n n n - "= X ' - en B = 2: 9 *^1 'CNJs Hn^V-^cTvr '^^^^ (. -r^ .'e^- M^'^^!^^^^^^^!®^ 'r<^: v c/V^ . ^QOf^/^' ] ^I THE COLONIAL LAWS MASSACHUSETTS. REPRINTED FROM THE EDITION OF 1672, WnU THE SUPPLEMENTS THROUGH i6S6. Pui)ltsl)rl! l)u Ortirr of tljr (JTtty Couuril of Boston, L\V/-:h' TJIE SUPERVISION OF WILLIAM II. IVIIITMORE, Record Commissioner. CONTAINING A NliW AND COMPLETE INDEX. B O S T O N : I S87. I'KESSWOKK BY ROCKWEI.I. AND rUfUCMIII.I. CITY PKINTEKS 62520 SANTA BAKBAhA uOLLEU£ LIBRA] ^''■'^' f- t'ALlHOKMA INTRODUCTION. The City Council of Boston hav'ing directed the Record Conimissionei-s to prepare and puljlish an edition of the Colonial ]ja\vs in force prior to the Second Charter, the following' volume is the result. The various issues of Laws under the First or Colonial Char- ter were as follows: In 1(541 the Body of Liberties was j)repared by Rev. Xathaniel Ward, of IpsAvich, and, after I'cvision, was adojjted for three years by order of the General Court. It was probably never printed, but in 184.') Ihe late Francis C. Gray announced that a manuscript copy had been discovered by him in a volume preserved in the Boston Athenjenm. A careful tran- script was ])ublished by him in the Collections of the IMassachu- setts Historical Society, 3d Series, Vol. VIII. In 1(548 the first edition of the Laws of the Colony was printed; but that issue seems to be utterly lost and unattainable. Supplements W'ere printed from time to time, and in K5G0 a second Revision was put to i)ress. Copies of this second edition are extant in various libraries. The third Revision was pub- lished in 1G72, and is hereinafter reproduced. Supplements were afterwards issued, consisting sometimes of a single act, until the overthrow of the Colonial government and the termination of the First Charter, May 20, 1(58(5. Under Andros the form of the laws was entirely altered; but with the Second Charter, establishing the Province of Massachusetts Bay, the old forms of legislation were revived. As is well known, the Acts and Resolves of the Prov- ince are in course of republication, under the able supervision of Abner C. Goodell, the first volume bearing date in 18G1>. The earliest act in that series is dated Xov. 10, 1(502. IV Introduction. The edition of 1GT2 was selected as the liasis for this repro- duction because it afforded a certainty as to the legishition on and after that date. Every revision is apt to contain not only the sub- stance of previous statutes, but such changes as seem to the editors to be imperatively demanded. The edition of KKiO, if re- printed Avith all its Supplements, would not have rendered unneces- sary the reprinting of the edition of 1072. Tl is hojied, however, that hereafter orders may be given foi- a similar reproduction of the edition of 1660, and for such a volume ai-e reserved all biblio- graphical notes on the subject. The jDresent volume is reproduced IVom an original, by the photo-electrotype process. After a careful consideration of the subject, it apj^eared that the slightly increased cost of the plates over ordinary type-work was countei'balanced by the saving in proof-reading, coi-i-ections, and si^ecial types. By this process the reader has Ijcfore him what is, in theory, an exact reproduction of the original piloted ])ages, ps-inted in regular foi'm with print- ers' ink. Every i)eculiarity of the original is reproduced, even to the errors of the text, the imperfections of the type, and the quaint ornaments of the titles. T^o proof-i-eader can pretend to greater accuracy than the camera; and, where an error in sense is obvious, the student feels siu-e that the mistake was in the original. But, as most human inventions fall short of perfection, it must be added that photography is not quite infallible. The imperfec- tions of the original are exaggerated, the shadows caused 1)}' the deep impressions of the types cause a raggedness in the co])y, and occasionally a blurred letter barely discernible in the old text be- comes nothing but a l)lot in the new. Then the j)late requires the touch of the graver's tool to correct the outline, or a letter has to be cut out and i-e])laced by a type. Herein, alone, there is a possibility of error, and that possibility is, doubtless, less than that of an oversight on the pai-t of a prool-rcader in case the entire volume has been set u[) with modci-u type. Every j^ossible care has been taken by I'epcated collations of each page of the new with its original, and it is confidently hoped that [\w. ei-rors, at most, ai'e of single letters, not affecting the sense, and easily corrected bv the context. Introduction. v By tlie kindness of the Trustees of the Boston Athenfciun, the editor has had the use of a copy of the edition of 1C72, with the Supplements, now preserved in that Ubrary. It is a volume unequalled by any other extant, and is as near a perfect collection as can be imagined. It was the property of Elisha Hutchinson, who died in 1717, and who was the grandfather of Gov. Thomas Hutchinson. Mr. F. C. Gray has pointed out that this volume contains the only known copy of the Body of Liberties of Kill; it also contains the Laws of 1G72, and every printed Sujjplement which has yet been found anywhere. I have sul)joined a particu- lar account of these Supplements, and will only say that ample space is left in my edition for the insertion of any new discoveries or recoveries. The great difficulty, in deciding upon the completeness of the transcript lure given, is, that Secretary Kawson made serious errors in the pagination of his successive issues. To estal^lish this point the reader is referred to the pages numbered (in large type) 211-210. He will see that even at that early stage of the pagination there are two sets of pages numbered 11, 12, and 13, in the original. Evidently Rawson discovered his mistake, and corrected it, making his issue of October 7, 1674, begin with the propel- page, 17. But he did not get his signatures (at the foot of the page) correct again, until he reached page 2.5 (my page 225), with signature G, as he put signature D on page 19. In due order pages 17 and 18 should have been signature D; pages 19, 20, and 21, signature E; page 223, signature F; and jjage 25 (225), signature G, as it stands. The fact that Hutchinson does not insert any oilier l)roadsides from page 21 to 25, except the Council Order, which I number page 223, makes it quite probable that no other laws were printed and issued in that period. Still, I am not quite positive that no broadside of Laws was issued, because there was a biief session of the General Court on July 9, 1G75, and some matters were really laws. But Hutchinson notes in writing on his copy, page 21, as follows: — "July 9, 1()75. I'hat part of y' Law, page 78, luipowei-ing VT Introduction. the Treasurer to license persons to sell Armes, etc., to the Indians is hereby Repealed. Castle Sonld" not Exempt from Watches in any Extraordinary Cases." It is an almost unavoidable inference that, had these clauses been printed, Hutchinson would not have written them down. From page 25 to page 43, inclusive, everything in regu- lar ordei-. Page 44 is doubtless the blank verso of page 43, and is so marked by Hutchinson, who, however, inserts at that point a Council Order, dated April 4, 1676, printed by me in the Appendix, page 337. Although I have counted in a Council Order as page 23, it seems as if that was the sole exception to the rule of counting only the laws passed by the General Court, and also of allowing in the pagina- tion for blank versos. Pages 45—48 inclusive are coi'rect, and then Rawson l^e- gins the Laws of May 23, 1677, Avith page 49, in due regu- lar course. But Hutchinson puts into his copy at this point the Court Order of May 3, 1676, jorinted by me as page 248a; and also a Coui't Order of May 3, 1676, printed by me in the Appendix, page 337; three pages of Laws about Tything- men (Appendix, pages 339-341) ; a Council Order of March 29, 1677 (see my Appendix, page 345) ; and a Council Order of April 9, 1677 (see my Appendix, page 347). It will be noted that I have inserted in the text at this point extra page 248a, with its blank verso. This I do be- cause it seems to be an official publication, witli the Colony seal to it, though I tail to find any such law recorded in the otScial record, and although Hutchinson had written, at the foot of his page 48, "There was no more laws made in this year 1(576." Rawson makes page 49, in regular course, sig- natui'e M, and evidently did not recognize this extra sheet. I therefore insert it, but do not include it in my new pagination. From this point, through l)age 72, the paging is regular, but on page 63 the signature is G3, an eri-or for 03, and page 77 is not numbered. But from ])ag(' 7.'> to page 87 there is a mani- fest blunder again, or there are pages missing in Hutchinson's copy. Introduction. vii Page 7o is doubtless the blank page of a four-page issue, of which pages 74 and 75 are printed. It is so numbered in Hutch- inson. Then there is a similar four-page sheet, with printing on the two inside pages only (ray pages 277-280), dated ^lay 19, l(jS(), and not munbered. Then comes signature S, pages 77-79, dated Oct. L'{, 1G80; next a single page (Laws of March 4, 1G80, my page 2S5) ; and we then come to pages 87-92, signatui-e W. It will be seen that the simple jilan of counting the blank versos and titles to four jiage-sheets will bring page 87 into its right place as my i)age 287. It is also seen that signature T is missing, but undoubtedly belongs to my page 285. But I am not sure that there was not another broadside of one page printed, because at this point Hutchinson inserts in manuscript certain Laws ])assed at the General Court, 16 March, 1680-1. These I have printed in my Apj^endix, page 351. Pages 87-92 are all in order, as signature W. Pages 9;}-96 make signature X. But here Hutchinson inserts the Law of ^fay 24, 1682, concerning foreign coin, which I have numbered 202a, so as to retain the old paging. This may be the missing signature W, though it is not allowed for in the original paging. After page 9(> Hutchinson inserts two pages of Laws of Oct. 11, 1682, Avhich I print as pages 29Ga and 296h. These ai"e genuine, and there seems to be no reason for tliis omission in Rawson's calculations. But Kawson begins his Laws for February and March, 1682-.3, with signature Y, pages 97-99 ; then prints the Laws of October 10, 168;}, as pages 98-99; signature Y also (thus duplicating pages 98-99), as the inside pages of a four-page issue; and again prints pages 100-101, signature Z, as the inside pages of a sheet, being the Laws ot May 7, 1684. Then Kawson makes page 103 his signature Aa. Now, it is evident that from page 97 onward the reckoning was lost. Signatiu'cs Aa, Bb, and Cc, cover pages 103-111, but signa- ture Dd is pages 121-123, and signature Ee is pages 12.1-126. It is impossible to resist the surmise that 121 was a mistake for 112. Hutchinson has preserved several of the sheets, but not viii Introduction. enough to account for tlic gap from page 111 to 121, and yet he may have collected all that there were. In this state of aliairs I have prhited all the sheets in lluteh- insou, allowing blank pages for versos, etc., and have kept my new contiiHions ])aginalion at the toj), for convenience in reference. In detail, I note that page 10(3 is evidently a blank verso ; but signature Bb ends with a blank page, verso to 100, and signature Cc (i)age 110-111) is a four-page sheet, with only the inside pages in i)rint: yet the paging makes no account of the blanks. After page 111 Hutchinson inserts a Law of January 28, ItJSl- .') (my page 327), and a manuscript copy of the Law of March 18, 1681:-."> (printed in my A]ipendix. page 35o). He states that this Law was engrossed and published by the order of the Court, and left on file; hence a printed copy may yet be found. If that Law covered the inside pages of a four-page sheet, and all the blank versos were counted after page 109, we might make out to begin signature Dd with page 121, as Rawson did. It is to be noted, also, that there was a shoi't session of the Genei'al Couit (m May 6, 1(385, and a Law was ])ass(>d amendatory of the Law of March 18 pi-evious. This may have also been printed, and have lu'lped to (ill out the a])pai-ent gaj) in the itagi- nation. Hutchinson also inserts a Council Oi'der of Ajjril 2, l(iS5, concei-ning Goffe, the Pirate (see my Appendix, page 355). It is to be noted that in this last sheet the Laws rcdating to Imposts and to "Wills were ])assc'd May 27, 1G85, and thai iusi'vti'd between them aiv the Laws relating to Fences, to Treasurers, and to Attachments, ])assed Oct. 11, 1685. There were other meetings of the General Court between these dates. I desire to acknowledge the courtesy of Dr. George H. Moore, of the Lenox Library, in examining the jiroof-sheets of this issue. His collection of tin; Laws is undoubtedly better than that in any other pi'i\ale collection, but I understand that he is unable to add an\(hing to the text here given. IfUroducdon, IX The old Index of 1()72 wjis reprinted as an integral part of the book, but a new Index, comprising the whole volume, has been prepared by Mr. Frederick E. Goodrich of this city. A few Errata are to be noticed in the present limited edition, to be corrected hereafter. On ]). 41 add the signature II. " " J;>7 correct the signature to li. " " 140 add the catch-word " To." " " 168 amend the signature Kr. Also note that in the original tlie impression of the Colony Seal faces the title-page, but in this issue it is put on tlic verso of the title. Lastly I would give tlie unnecessary caution that all the sur- mises and explanations made in this preface do not affect the integrity of the text. I have reprinted every known supplement, and have left enough blank jiagcs for corrections. Wiiether or not a few more pages will ever be found, I believe the reader has an exact transcript of a unique text, the very best one obtainable. I would earnestly retpiest any one who may note any errors in this edition, or any additions to the text, to conununicate with me, the plates are preserved for future issues. WILLIAM II. WIIITMORE, Record Commissioner. ClTV liAl.l,, HoslnN, .Illl,V l.")tll, 1»87. IT THE gE:f^E\AL LAWS And LIBERT lES of the MASSACHUSETS C L ^H^ % By Ofdcc of {h^ General Court Holden at Bo^orn M(^ I'j.th. j6qi. Edvpard ^J^wjon Sea Wbofocvcr therefore rejijleth the Pojvfr, refjleththe Jrdinameof Cod and thty that rcjiji receive to themfslva Damnuttcn. Rom. J 3- 2. CAM'SRIDCE Trinted by Samuel (jreen.forfohn VJJjer cfBo/lon. J 6 7 2, THE GENERALL LAWS OF THE tJ^ASSjiCHVSers COLONY. REVISED AND PUBLISHED, BY ORDEROFTHE GENERAL. COURT m OciobcY i6jS. FOrafmuch as the free frmuon offuch Liberties, hnmuftities, Prtvi' ledges^ as Humanity, CivilHty and Chrifiiamty call for, as due to The cwapnoi- every Man m hts Place and 1'ro^ortion, vcuhcut Imteachmcm and {,'i'|f„';,'"„'j-^^"; Infrjngement, hath eve,- been, and ever wtll he, the Tran/^whty and colony. Stability of Churches and Common-veealtb^ and the denyall or de- f rival thereof , the d>fturb::nce,if not mine of both. It is therefore Ordered by this Court and the Authority thereof. That no mans life fhall be taken away, no mans Honour or good Name fliall be ftained, no mans perCon lliall be arrefted, rcftrained, banifhed, difmembred, nor any wayes punifhcd; no man (hall be deprived of his wife or children, no mans goods or eftate fliall be taken away from him, nor any wayes indamagcd, under colour of Law, or countenance of Authorir\', unlefs it be by virtue or equity of fome exprefs Law of the Country warranting the fame, cftaMifhcd by a General Court, and fufficicntlypublinied; or in cafe of the defctfl of a Law, in any particular cafe, by the word of God. And in Capital Cafes, or in Cafes concerning dil'nitmbring, or banifhmcntj according to that word, to be judged by the General! Court. [ 1641.} u^bUity. yfge. rr 13 Ordered by this Court and the Authority thereof; That the age for ■^f_^f d.fcrr- 1 paffing away Lands, or fuch kinde of Hereditaments, or for giving of Votes, Verdidls or Sentences in any avil Courts or caufcSjihall be one and twenty' ^^ ^^ years, but in chufing Guardians, fourteen years. And all perfons of the age pofc tn.it ' of one and twenty years, as aforefaid, and of underftanding and mcmory,whc- ther excommunicate, condemned, or other, (hall have full power and hbcrty, to niake their Wills and Teftament<:, and other lawful! Alienations of their lands and Eftatcs. [/tJ^/. 4 7-3 Age for Plaint iff. ty^ (lions. ayige for Tkntifs and Defendants. IT is Ordered by this Court and the Authority hereof, that the age for ».,>.^v.v„u-.,.. Plantifs and Defendants in civii Cafes, before any Magiftrate, Commif- fioner or Court of Judicaturc,-{halJ be twenty one years of age, and for all perfons under that age, their i'rt;reKti,Afrty?fw, and Guardians as they fliall fee meetfliall plead and defend their right and interefl, as the matter may require j and in all Criminal cafes, every pcrlbn younger as well at. elder, fhall be liable to anfwerin their own perfons, forfuch mifdemeanours as ihey fhall be accufed of, andmay alfo infoim and prefent any mil'demeanour to any Magiflrate, Grand-jury man, or Court, any Law, Cuflome or lifage to the contrary notwiihftanding. \_ i66s.'] c^B'.on:. tT is Ordered by this Court and the Authority thereof; That all Anions (V!i'm''c *'^"^ ■* of Debt, Accounts, Slander, and Ad^ions of the Cafe concerning Debts and Accounts, fhall henceforth be tryed, where the PlaintifFe pleafeth, fo it be in the Jiirifdicflion of that Court, where the PlaintifFe or defendant dwcUeth, unlefs by confent, under both their hands it doth appear, they would have the cafe try ed in any other Court. All other Anions fhall be tryed, within that Jurifdi(f\ion where the caufe of the A(flion doth arife. i.Whereas fundry Inconvemences do arife, by reafon that Plaintiff's in Civil Cafes do delay to Pvttr ihen Aiitons, to the great ex^encc of much pccious time, and damage to the TuUickj- ot\i\\'o\\^.'^ This Court doth therefore Order, That henceforth no Ad^ion fhall be Entred after the firft day of the Court is ended. And in cafe any Plaintiff Ihall delay his Entry longer then the firft Forenoon of the Courts fitting, every fucb perfon or perfons fhall pay double Entry-money. And all per- fons, whether Parties or Witnelfes, arc cnjoyned to attend their refpe<^ive Concerns in every Court of Juftice, as well the firft Forenoon of the Court, as afterwards ^ and fhall prefent the whole Plea and Evidence before the Cafe be committed to the Jury, and no after-Plea or evidence fhall be admitted to any perfon. Any Lav/, Ufagc or Cuftome to the contrary notwithflanding. And for that end ,all Marihalls and Conftables are enjoyned to make their Returns of Attachments by them ferved,fometime the firfi; Forenoon of the Court that is to take cognizance of the Cafe concerned therein. Provided, That the double E.ntry- money be paid by him that fonegieds his Entry, and not put die Defendant to unneceflary charge through his default. [ / tf tf /. J Aftion^of trt-f- 3. in all Adions of Trefpafs, where Damage fhall be pretended, a- pi' ""<*'■' f"f bovc Forty jhilliiigs, and yet on the hearing thereof, it fhall appear to the tj ii ...gs. Courttocomeunder that value, in all fuch Cafes, the Plaintiffc fhall lofe his A(f\ion, and pay the Defendant coft, Vcct for.iintry ^. Every Perfon impleading another, in any Court of Affiflants or of Mhsx's. County CoDi-t, fhall pay the Cum of taf_/J)(//««/j, before his Cafe be Entred ^ and for every Adion of aho\e forty fnl/mgs va.lue, tr^'able before the Com- mifConers of Bojlon, ten ptihngs -^ and (or all Anions undcv forty jhillmgi^ A. 5; p. 7. tryabic before the faid Commifhoners. one Magifhate, or the three Commif- fioncrs, for ending fniallCaufes, /e« Crortti, unlefs the Court fee caufe to ad- mit any to Sue >w/o/'Wi3]'rt«fer». [_t6i2. J2.J J. And A8ioyit. ylfpeal. 5. And where the Debt or Damage recovered, ftiall amount to Ten founds, in every fuch cafe to p2y five pi limis morcj and where Jt fhall amount ^'' Aa°ec°/f"' to Twenty pounds or upward, there to piy ten flji/hn^s more then the firft ten J},ilhnp, -which faid additions, together with the charge of the Entry of the i\(ftjon, (hall be put to the judgement and execution, to be leavied by the Marfliall, and accounted to the refpedive Treafurers to whom ir appertaineth, 6. Whtrras the Country is put to great Ckirge,byihis Courts attnidm^ Suits Comnunced or Renewed by Petition or '}{fvierv. Ir is Ordered that in all fuch cafes; if it appear to the Court, that the fo^lhrc^cfei PlaintifFe had no juA caufe of any fuch proccc^iing, the faid Plaintifie ihall court to bear bear the whole charges of the Court, both for time and expenccs, which they xb'c^'lV "^ fhall judge to be expended by his occafioni and may further impofe a fine upon him, as the merit of the caufe fhall require; but if they findc the defen- dant in fault, they ihaU impofe the juft charges upon fuch defendant. 7. And in all A" S"''' wittingly done wrong to the Defendants uicommenong and profecuting any dVg'»'>V',-! Aaion, Suit, Complaint or Inditcment, in his own name, or ,n the name of ^'^'^ ^°'^'^'- others, he Ihall pay treble damages to the party grieved, and be fined forty Jfc*//;«gj to the common Trcafury. [/^^/. ^rf.j ^PPE^L. titc/fy te fip- before E«eui- 1 ''Pli^'^^ ^l »^'S Court and the Authority thereof: That it ffiall be J mthehberty of every man caft, condemned or Sentenced in any Infe our ''^l Court, to make his Appeal to the Court of A/Tiftants : as alfo "o aopea f om thefentenceof oneMag.iVrate,or other perfons deputed to caTddete^ mine fmallcaufes, unto the fhf>e Court of each Junfdidion, whae he caufe J^asdctermined Provided they tender their Appeal, and put in fecuntv be forethe Judges of the Court, to profecute it to eVt, and^a fo to at fie a 1 damages, before execution granted ; uh.ch fhall not be till twdve hours after Judgement, except by fpecial order of the Court AnA flu r , I r ■■ , criminal mti,,-,. ,uJ„ h- v. ai v.uli ui me i^ourt. And it the caufe be of a i" ctimtml ntn criminal nature then alfo to put in fecuntv for the pooH h,.K,... ,„ j "■ *" '"'«°'' "> ^ It A^palt. yJp^earartce, 1. It is further Ordered ; That all Appeals with the fecunty as aforcfaid, L. ^. p. /. fliall be recorded at the charge of the party Appealing, and certified unto the Court, to which they zn made. And the party Appealing, fhall briefly m AppMi.int_ to writing ( without reflecting on Court or Parties, by provoking Language) Ixday'csbefi,""' iindcr his own or his Atturnies hand, give in to the Clerk of the Court from which he did Appeal, the Grounds and Rcafons of his Appeal, fix dayes A. //.p./. before the beginning of the Court, to v/hich he did Appeal: to which Court ufm ^^^ ^^^'^ Clerk fhall return the faid writing, and give copies thereof to the De- "° A'ppe3"''fon fendant if he defire the fame. And wbofoever fhalf Appeal from the Scn- fcii forty (hiji tcnce of any Court, and not profecutc the fame to effecft, according to Law, Ihalibefides his Bond to the party, forfeit to the Country, the lum'' of Forty filings for every fuch negled. 3 . j4ndfor a more dear and equal hearing and determ'm'mg all Cafes of n-4s-?-'P- appeal; ItisOrdered, That no perfon that hath fate as Judge, or voted in ^'o jujge Ap- any inferiour Court, in thatcafe he is Appealed from, fha!) have any vote in l^^-td IXa- ^"^^ Superiour Court Appealed to, but the cafe fhall be determined by fuch Sion of ^Appeal, as are uo waycs engaged in the fame, by Judging or Voting formerly: Pro- vided there be more Magiflrates Appealed tOj then thofe that fate in the Court A.;4.p-2- Appealed from. Andin ail cafes of Appeal, the Court Appealed to fhaii rcftified,"" wui. J"^S«^ the caie, according to former Evidence, and no other, rectifying what is le^ctHng the amiis therein ^ and where the matter of fa(ft is found to agree with the former 7i,rm« judge- Couit,and the Judgement according to Law, not to revoke the Sentence or Judgement, but to abate or incre?!e damages, as fhall be judged right; any ufe or cuilome to the contrary norwithflaudmg. 1^/(^4^.4/'.'} p. jo.sj-s4-2 ON motion cf the Deputies cf Dover (wd Portfm.outh, in behalf of wojlof the Freemen there ^ That whereas they have pwer tn then A^o- in Dover and date C&MrtJ fo t)^^ a«jj;Cfl/c MMdct' Twenty pounds, and finding no La^v where fbie'^^'""''"'^^' they may Appeal., hut to the Court cf Afjiftants, the Anions being manytirttes ■very fm all, and is great charge to come to Bofton/o)' every fir.all Caje: it is their de- fire, that the Court would grant th^m an Order^that any perfon ccfi or condemned, may Appeal to the County Court held in Dover or Portfinoiith, and rhatfome per- fans may have Magiflratical Power in that County as formerly : The Court judgeth it meet to grant their rccjucfti And it is Ordejed that henceforth it fliail be in the liberty of Plaintiffe and Defendant, in all Cafes tryable, before the Court of Aflfociatcsin Portfmouth^M Dover, to Appeal to their next County Court in Dover or Portfmouth, as in other cafes, any cuflome or ufage to the contrary notwithflanding. [ 1670. ] f^ppcarancc. JSfcnappcarancc. IT is Orderedby this Court and the Authority thereof, That no man fhall be pun.mmcn. ... pimifhed for not appearing at or before any Civil Affcmbly, Court, Council, bif: oF incvita- Magiftratc cv Officer, norfot the omiflion of any Office or Sti vice; ifhc fhall Mc obftrflftion, be neccfTanlyhir.dred, by any apparent A''", pro- MarjlialU. Bahers. Marftialls may ferve /Nltjch- mcnts. ^(fiffnci^ ^tturnics, Gmrdums, j^ gents or the like, which is not only tm- pvfer, hut tendeth c.lfu to uncertainty^ for frercntion whereof: it is Ordered, That henceforth the Original procefs, whether Summons or Attachments iliall exprefs in whofe name the Plaintiff fucth, whether in his own name, or as Executor of the !aft Will and Teftament of fuch a man, or.Admmiftrator of the Goods and Chattels of fuch a man, or AfTigne Atturncy, Guardian or Agent of fuch a man, or the like, or otherwayes^ if exception be taken bciore the parties joyn iflue, it (hall be good, and the Plaintiff fhall beliable to pay cofl. [ 1641. 44. 47. //.J Marjlicllls may fcrre ey^ttachments. WHercas it hath been commonly pradifid, that Attachments have been dirtHed to the Marfliall to be ferved in any Town uncUr the furifdi- ition cf that Court whereof the Marfliall is Officer, notwithflanding the Law doth Order, that all Attachments flia/l be direitcd to the Conjlable in fuch Towns where no Alarfhall dwells : It is hereby Ordered and Declared, That the faid Cun-ome fhall be ac- counted legal, and fhall nor abate the Proceeding or Tryal of any Caufe. Provided no jnore Cofts be charged on the Defendant, then by Law are due to Conltablcs for fefving Attachments. [_i662^ 3 AK £ R S. clerk ' MirKct the Thcit power. If is Ordered by this Court and Authority thereof; That henceforth every Baker fliall have a difthnTf mark for his Bread, and keep the true AlTjzes, as hereafter is cxpreffed, viz.. when Wheat is ordinarily fold for money at thcfe feveral Rates hereafter mentioned, the penny white loaf by averdupois weight, when Wheat is by the bufhel at js. od. the white J I ounces 1 qr. wheat 17 ounces 1 qr. houfholdzj ounc.o. 15 I 14 o II 3 II 2 10 2 10 o 09 7, And fo proportionably, under the penalty of forfeiting all fuch Bread as fhall not be of the Icveral Afliics aforementioned, to the ufe of the poor of the Town where the offence is committed, and otherwifc as is hereafter cxpreffed, and for the better execution of this prefent Order; there fhall be in every Market Town, and all other Towns needfull one or two able perfons annually chofcn'by each Town, who fhall be fworn at the next County Court, or by the next Magiftratc, unto the faithful difcharge of his or their Office: who are hereby Authorized to enter into all houfes, either with a Conflablc or without, where they fhall fufpe(fi or be informed of any Bread baked for falc, and alfo to weigh fhe faid Bread as oft as they fee caufc, and fcize all fuch as they findcdefcdlivc. As alfo to weigh all at 3 6 10 I ■eightcf Bread at 4. O 09 J. at4. 6 08 I at 5 & 07 3 at 5 6 07 at 6 06 2 at 6 6 o& 20 2. 18 2. l(S 2. IS 2. 14 0. 13 0. 12 2, BaL'cfi. 'Barralry, 'Benevcknce. all Butter made up for fale, and brought unto, or being in the Town or Market to be fold by weight, which if fourtd light after notice once given, fhall be forfeited in like manner. The like penalty (bal! bs for not mar- king all Dread made i6i faJc; And the faid Officer fhdl ':ave one third A.Ji. p 8. part of all forfeitures for his pains^ the reft to ihe poor as aibrefaid. [i 646.3 2. Whereai it appears to this Courts that there is much deceit ufed by fame Bakers and other:, who Vfhcn the Clerk, of the Market cometh to weigh their Bread, pretend they have none, but for their own ufe, and yet afterward put their Bread to fale, which upon tryal hath been found too light j for pt?- vention of fuch abufes for time to come : It is Ordered, that all perfons within this Jurifdidion, who fhall ufually fell Bread within doors or without, fhall at all times hereafter, have all To prcjcnt Ac their Bread that, they cither put to fale or fpend in their families, made of "•tmBi.kcrs. the due AfTizes, marked and yielded to uyal of the faid Clerk zs is dire- £\ed in the Order aforefaid, under the p^-'nalty therein expreft. [;^/^.J BALLAST. IT is Ordered by this Court and the Authority thereof) That no Ballaft (hall be taken from any Town fhore, by any perfon whatfoevcr, with- out allowance under the hands of the Selctft men, upon the penalty of fix pence, for every fhovel full fo taken, unhfs fuch ftones as they had laid there before. It is aifo Ordered, That no Ship nor ether \'i{{d, fhal] caft out any Ballaft in the Channel or other place inconvenie-nt in any Harbour wiliin this Jurifdidion, upon the penalty of ten pounds. ^i6/}6. } BMhft ret to be ttKcti wilhouT ICive. ror caft 'nto tfcc Chc-iil B A R R A T P. r. T[T is Ordered and Decreed, and by this Court Declared; That if any 1 man be proved and juds^cd a common Earrater, vexing others with un- juft, frequent and endlefs fuits, it fhall be in the pov/er of the Court, boih to rejcft his Caufe, and to punifh him for his Bruratry. [ 1 6^1.1^ Bawattv- BENEFOLENCE. IT is Ordered, That this Court hereafter will grant no Benevolence, ex- cept in forreign occafions, and when there ia Money in tiie Trcafary fufScJent, and our debts firft fatisiied. [ /rf-f/.J It is Ordered by this Court and the Authotity thereof; thst all Gifts and Legacies given and bequeathed to the Collcdgc, Schools of Learning or any other Publick ufe; fhall be trucly and faithfully difpofed of accor- ding to the true and declared intent of the Donors. And all and every Pevion or Perl'ons betrufted to receive or improve any fuch Guifts or Lega- cies, ihall be liable from time to time to give account of their difpofal and management thereof to the County Court of that Shire where they dv/clL, and where fuch Eftatc (hall lye, who are hereby impowrcv! to require the fame where need fhall be, and to appoint Fcoffes of uul^, to fettle and manage the fame accerdin/j to the will of the Donors. D li ciciCn fcjfaiUI- lo Sills, Smd'Jl.'ivy^. 'Sounds of Toms, Ewxcfs. BILLS. T T IS Ordered by the Authority of this Court; That any debt, or debts fiodd.b'uolht y <-lue upon bill or ether fpeciahy afligned to ^anctke?j fllsll be as goad Affigni-^. a debt and eftate to the Affignee, as it v.'J.3 to ths AiTigner, rit the thr.e of its aflTigiiation-, And that it (hall be lav/full foi* the faidi Affigr-ee, tofuefor, and recover the faid debt due upon bill, and fo ElTigncd, as fully as the original! Creditor might have done^ Provided the faid AfTignement be made upon the back- fide of the bill or fpecialty. l_;J47-3 B O N T)-S L A V E R 1\ IT is Ordered by this Court and tlic Authority thereof 5 Thit there Hiall ^ never be any Bondilavery^Villfnage or Captivity arr.ongft us, unlefs it be lawful Captives taken in juft Wars, as v/iiiingly fell tjjcmfdves or arc fold to us, and fuch (hall have the liberties and Chriftian ufagc v/hich the Law of God eftabUiljed in \\rad concerning iucb perfons dotli mcrallv re- quire i Provided this exempts none from fervi'L."udc, who fhall be judged thereto by Authority. \_ i64i.~\ Bounds of ToiafifS and Pevfons. Ovcfmuch as the Bounds of Tov^m^ and cf the Lay^ds cf ^aytku'ar pr~ fons^ are carefully to be majrraiyjed, end not mthout great danger to Is removed by any^ which notvrithfianding by deficiency and decay cj marlif^ may ai unawares be dortc, •;iiherehy great jealou/ies of perforsy trouble in ToK'ri:^ an^ incumbrances in Comts do often nrife, which by due cars and means might he prevented \ Town Bounds It is therefore Ordered by this Court and the Aut'iority thereof, that, to be i;ia out every Town fhall fet out their Bounds, within twelve months after their Bounds are granted: and that When their Bounds are once fet out, once in To be furvetrea three years, three or more perfons of a Tov/n, appointed by the Seleft wicbin 3 ycjr, men, fhail appoint with the adjacent Towns, to go the Bounds betwixt their faid Townes and renew their marks j which marks fhall be n great heap of ftones, or a Trench of fix foot long and two foot broad, the moft ancient Town to give notice of the time and place of meeting for this per- ambulation i which time fhall be in the firft or fecond montli, upon pain of five pounds, for every Town that fhall negled the famcj Provided that the three men appointed for perambulation fhall go in their fevcral quar- ters, by order of the Seled men, and at the charge of the fevcral Towns. ron""b'i.-ja.is''7o 2- And it is further Ordered, that if any particular proprietor of Lnnds lying be furi/sycd in common with others, fhall refufe to go the Bounds bawixr bis L?nd and ^^' other mens once a Year in the firft or fecond month, being requcftcd thereunto upon one weeks Vw-arning, he fhall forfeit for every day fo nt'glt'iSing, ten Ifhil- lings, half to the party moving thereto, the other half to the Town. [ 16 ji. J B R £ w E R S. ''T'O the end no other hut good and wholfome 'Beer he Brewed at any tjme in this J. '/urifdUlion, to be fold for the f apply of Ship or other ye^tU at Sccj ti-'Jc^ ihat no oppreffion or wrong be dune to ar>y in this Myfityy \ Breach of the Peace. 1 1 It IS Ordered by cHis Court and the Authority thereof: That no pcrfon whatfocver, rfiall henceforth undertake the calling or work of Brewing Beer for fale, but only fuch as are known to have fufficient skill and knowledge in the Art or Myftery of a Brewer. And it is further ^/'"/a'oTf^- Ordered, that if any undertaker for viccl^ that no perfon fhall beat, hurt or ftrike any other pcrfon, upon penally of paying to the party ftricken, by fine to the County where the Offence Is committed, or both, fuch ^um or fumsas the County Court.. Magifrrate, CommiiTioner or AlTociate, that take cognizance thereof fhall xletcrminc: and becaufe in this cafe fevcral circiimftances may alter the degree of th.^ offence, as who do fmitc, who is fmitten, with what Ip/lrument, the d:in- ger of the wound, more or lefs, time, place and provocation, and other the like, it is left to the difcretion- of the Judges aforefaid, upon hearing and confideration, to impofc fuch penalty or penalties, as in their difcrciicn (lull feemjun,efiual"and proportionable to the merit of the ofFe.nce, 'Judgement for Title of Houfe or Land. tT is Declarea and Ordered by this Court artd the Authority thereof, j,,jg,„eBt f«, J That where a Judgement is given in anv Court for any perfon of Houfe T.He ct Hoaii' or Land, upon the trial of the Title thereof ^ if the perfon againft whcin ihe Judgement is given, doth cither forcibly keep pofTcfllon thereof ftill after executiorv ferycd, or enter upon it again, and fo retain pofTcfllon by force, he (hall be counted a high offender againft the Law, and breaker of the publick peace j therefore fpcedily to redrefs fuch a criminal offence, every Magiftrate is impowred, and by his place hath power to give war- rant and command to the Marfhall, Officers and other men whom he thinks meet to be imployed in the bufmcfs ( the Marfhall alfo rccjuiring aid, greater or leflcr, as need rccjuires ) and fiipprcfs the force, and give pof- ■(efTion to the owner, and to imprifon fuch as do appear to be Delinquents, and their aiders and abettors, to be forth coming at the next Court thar did give the Judgement in the cafe, there to make their Anfwcr : and whom the Court doth Innde guilty, to fet fuch line or other punifhment upon them ?.s the merit of their fevcral cafes doth lequirc. D z Bndgit, or Lart* . T2 .bridge;. Burglary and Theft. T BRIDGES. His Cciitt confidering that Bridges in Country High-wayes are for the bent fa of the .Country in general^ and that it may be unequal to lay the chare c thereof on particular Towns : Bridg" to be Doth Order,, that from time to time, upon information or complaint ■n,dt& repjircd j-q each CouHtv Court, of the necelTity or defeat of any Bridge or Bridges as arorelaid jthe Court Inall appoint a Committee to view and deteimine the fame, and the charges fhall be proportioned by the Magifiratesineach County Court, to be levied upon the Several Towns in each County ac- cording to the dircdion of the Law for Country Rates. L. £, $.' 3- 2, The Court confidering the great danger that Ferfons^ Horfes, TeamSy are expofed to, by reajon of defeBtve "Bridgesy and Country Htgh'wayes in this 'jurifdiilton: Doth Order and Declare, That if any p^rfon at any time, lofe his life, m paiTmg any Rich Bridge or High-way, after due warning given unto any of the Seleft men of the Town in wTiich fuch defed; is, in writing under the hand of two witnelTes, or upon prefentment to the Shire Court, of fuch defective Wayes or Bridges, that then the County or To-wnwhicli Penalty for da- ought to fccure fuch >A'^ayes or Bridges, fhall pay a fine of one hundred byiht inr'ifiri- pounds to the Parents, Husband, Wife or Children, or next of Kin to the cnc> ot'Bridges. party deceafcd. And if any perfon lofe a Limb, break a Bone, or receive any other bruife or breach in any part of his Body, through ilich defe'iotis to the Goods and Lives of olhersy notwtthflanding all care and. means to prevent and puntfh the fame : It is therefore Ordered by this Court and the Authority th^ereof, That if any Perfon (ball commit Burglary, by breaking up any dwiuing houfe. or Ihoil Burglary cr-dThift. 13 On the Lords rob any perfon in the field or high-waycs, fuch pafon fo oficniing, fhall for the firft offence, be branded on the forehead with tJie letter ^ B ) and if he fliall offend in the fame kinde the fccond tinnc, he fhali be banded as before, and alfo be feverely whipped; and if he (hall fall into the like of- fence the third tijne, he (hall be put to death, as being incorrigible. And if any perfon fhall commit fuch Burglary, or rob in the fields or houfes on the Lords day, bcfldes the former punifhment of Branding, he tf, fliall for the firft offence have one of his ears cut off; and for the fccond offence m the fame kinde, he (hall lofe his other ear in the fame mannerj and for the third offeuce he fliall be put to death. \_ 1042. 47. ] 2. For the prevention of Tilfmng and Theft: It 15 Ordered by otrrf^orftcaf this Court and the Authority thereof; That if any perfon be taken or goods. knov/n to lob any Orchard or Garden; that fhall hurt or fteal away any Grafts or fruit Trees, Fruits, Liiinen, Woollen or any other goods left out in Orchards, Gardens, Back-fides, or in any other place in houfe or ,^^j,[j (j^^ fields, or fhall (leal any wood or other goods from the water fide, from magr, mens doors or yards ; he (hall forfeit treble damage to the owners thereof. „ ^^ ^[,jpt,. And if they be children, or fervants, that (hall trefpafs herein, if their pa- rents or maflers will not pay the penalty before exprelV, they (hall be o- penly whipped. uind forafmuch as many times it fo falls out that fmall thefts and other offences of a crjmtnail nature are committed both by Englifh and Indians in tovsins remote from any prifon or other fit place to which fuch malefaBors may he committed untiU the next Court. It is therefore ordered that any magiftrate, upon Complaint madeto him one M^irfrats may hear, and upon due proof determine, any fuch fmall offences of the a- '(aX ctui.""^'^ forefaid nature according to the Laws here cflabliiTied, and give warrant to the Conilable of that Town where the offender lives to levy the fame ; Provided the damage or fine exceed not forty (hillings; Provided alfo it (hall be lawful! for either party to Appeal to the next Court to be holden jn that Junfdidion, giving fuflicient caution to profecute the fame to cffccft, at the faid Court. And evcrvMagiftrate fhall make a return yearly to the County Court where he liveth, of what cafes he hath fo ended. conrtib'iltto"«- And alfo the Conftables of all fuch fines as they have received. '"'" 'S "*« And where the offender hath nothing to fatisfie, fuch Magiftrate rnay """ ^ ^'""' ■ punilfi by flocks or whipping, as the caufe fhall deferve, not exceeding ten ftripes ; It is alfo Ordered, that all Servants and Workmen imbezhng scnmnti and the goods of their Mafters or fuch as fet them on work, (hall make refti- ^°'''"""- tution, and be lyable to all Laws and penalties as other men. [ 1646.2 3. It is further Ordered by this Court; That what perfon focver A 52. p 10. fhall fleal from any perfon, any Coyn, Goods or Chattels, to the value of ten (hillings or upward, fliall be whipt, or pay fuch a fum or fums of money as the Court or Magilfrate, diat hath proper cognizance thereof stciiine ,ho.e IhaJl adjudge to be flifticient to fatisfie all cofts and charges of the Court »'" (I'-iUngs. and Country in profcfcuting and trying the faid oi^c.ider, to the ufe of the ^^.^f^^^,^ ,^ common Trcafury, and for fmaller thefts, it is left to the difcretionof the n°^h2 £S» «(B» «*» jSilJ <:-o »j^ cIo ri!'» •^■f «>P» C{!r7 <^ i>^a CAPITAL LAWS H^!^ F any man after Legal Conviction {hall H A V E or W O R- m0 ^^e* SHIP any other God but the L O Pv D GOD, he fhall he I'twViyK put to death, Exod. 22.20. Diut i ^. 6, 10. Deut 17. 2^6. 1. If any Man or Woman be a WITCH, that is, Hath or Con- fulteth with a familiar Spirit they fhall be put to death, £xod. 22. 18, Levit. 20.27. Deut. i8.io.,ii. ^lafphemy. 3. If any Perfon within this Jurifdiifti on, whether Chriftian or Pagan, fhall wittingly and willingly prefume to BLASPHEME the holy name of God, F A T H E R, S O N, or H O L Y-G H O S T, with direcft, exprelTc, prefumptuous, or high-handed Blafphemy, cither by wilful! or ohflinate de- nying the true God, or his Creation, or Government of the World, orlTiall curfe God in like manner, or reproach the holy Pvciigion of God, as if it were but a politick devife j to keep ignorant men in awe jorfliall utterany other kind of Blafphemy of the like nature and degree, they fliall be put to death, Levit. 24. if,it^, Murther. 4- If any perfon fhall commit any wilful! MLIRTHER upon pre meditate malice, hatred or cruelty, not in a mans neceffary and jufl. defence, nor by meer cafualty againfl his will, he fhall be put to death, Lxad. 2 1 /2, / '. Numh. 3S.3I' f. If any perfon flayeth another fuddenly,in his ANGER or CRU ELTY of paffion, he fliall be put to death, Levit.- 2 4- '7- Numb. ^f. 20^ 21. P^yjomv^. 6. If any perfon fliall flay another through guile, either by POY SONING or other fuch DeviUlli piadife, he fliall be put to death. Exod. 21. 14. Bc/liality. 7- If any Man or Woman fhall LYE with any BEAST or Bruit Creature, by carnal Copulation, they fhall furely be put to death, and the Bealt fluU be flam and buried; and not eaten, Lcvit.^Q. UyiO. 8. If Capital L^ifs. if 8 If any Man LYETH with MANKIKDE as he lyeth Scdcmy v/ith a Woman, both of them have committed Abomination, they both fliali furely be put to death, unlefs the one party were foiced,or be under fourteen yeafs of age, in which cafe he fhall be fevercly puniO.tu, Levit, io.' i;, 9. If any Pcrfon COMMIT ADULTERY with a Married or tAduJtery, Efpoufed Wife, the Adulterer and the Adulterefs fliall furely be put to death, Lcvii. io^jff.& tS. 20. Deut. 22. 23^27. 10. If any man STE ALE TH A MAN or Man-kinde, he (Tiall Man-Jleal (\irely be put to death, Exod, 21. 16. htg. 13. If any Man rife up by F ALSE-WITNES SE wittingly, ard FaJfeveitm ■of purpofe to take away a mans Life, he fhall be put to death, Deut. JQ. iSM IS. 16. 15. If any Man C O Is' S P I R E and ATTEMPT any I N V A- Coufpiracy SION, INSURRECTION or pubHck REBELLION againft our Common-wealth : or fhall endeavour to furprizc any Town or Towns, ReheHicn, Fort or Forts therein j or fha'.l Trcacheroufly and peri'id-:oufly attempt the Alteration and Subveifion of our frame of Polity or Government tunda- mentally, he fhall be put to death, T^mh. 16. zSa-.n.^. 2. Sam. is. J Sam. 20. 13. If any Childe or Children above fixteen years old, and of fuHi- ChMren fient underftanding, fhall CURSE or SMITE their natural F A- curfe or THER or MOTHER, he or they (hall be put to death, unlefs it can fmite Ta- be fufhciently teftified, that the Parents have been very unchriftianly negligent revts. in the education of fuch Children, or fo prwokcd them by extreme and ouel Correftion, that they have been forced thereunto to preferve thcm- felvcs from Death or Maiming_ .Excd. 21. 17. Lsptt. 20. 0. Exod. 21. //. -S. Ifr.Manhavca ST JD30RN or REBELLIOUS SON n.Miinus of ftjificicnt ycai.; of underftanding f ?/:;.) fixtcfn vsars of age, which will ^^„ aot ohcr the voice of his Father, or the voice of his Mother, and that when they had chaftened him, will not hearlien unto then, then fhall his Father and Mother, being his nctiira'. Parents lay hold on him, and bting him ro d?e T/lapii^ratCE aflemblcd in Court, and teflifie unto them, that their Son b iVi.bbor', and rebellious, and wi>! nor obey their voice and chr;flife:!)«it7 Sut live; :n fundry and noiorious Crimes : fuch a fon (hall be put to death, .Deut: 2^. ::0j3j. fingle Woman, com- Tijife. t her own will ; that - ^-, _, , _.. __ j._ ,_ either with death or y-'^fir. f.:ne other g,Ti.r'CV6 t/Hnifhment accordJnr £0 circvmftanccs, as the judges c<- General Court ftsii determine, C ' ^ -> y- 3 17. Fcrafmuch as Carnal Catnlation -^ith a Wo'-'^an child:, imdcr ih: 4l(^e cf icn years y i< a more hainous fn th:n "xtth of.e of jjt: j ycan^ 0: cctng '^''^l- ^' incn:c inhutiufic attd unthftural in it 'felf\ and Kwe pem'.ou} to the life and '^ Cbili^. mSAxintr^ dager. Packer. vliofccver he be (liall commit or have Carnal Gopvilation wjth any fixh Childc under ten years old, and be legally conviil- hngs for every C"s!: by lum packed, that is or fhall be dcfcc repair To appoinr vicwfrsof <:orn- rfian Fences To g.*'e tici'icc oiitttCi to tlij Ownoj Or' nets to pair u'lthin djyes. re- lix Elfethe citwcrr tomc'it thrni & h^'^e dotit-lc rc- Pi ft it ten Pcpc4 V>ttp/ccn Qctgh- boLir& torn by 20 lencc, Caufes. Small Caufes. valuation, to be fet by tv/o men chofen, by either party one: the like Order fhall be v/herc any man (hall improve Land agamft any Town- ^ Common. Provided this Order fhall not extend to Houfe Lots not cx- Tcm.ts.° * cvcding ten Acres , but if fuch one fliall improve, his neighbour fliall be compellable to make and maintain one half of the Fence between them, T.irnfficicnt whether he improve or not. Provided alfo, no man fhall be liable to fa- £i;ufc no djc-iago and Calves. fhall put his Cattle, or otherwife voluntarily Trefpafs upon his neighbours grovind : and if the patty damnified finde the Cattle damage feiiant, he may 'mpound or otherwife difpofe of them, [] 1642^ W F E N c e. 'Hcrcds the Laws publipud ccncermn^ Fences dnd Cciti\t\heiyighi\he fecond Editicn^ tranf^orted from tkeir frft order and method^ much 6ijficiihy doth many times cnfe concerning the true meaning thereof, wherrly, jff.if damages do aarew to many of the hihabitants ^ and ccnfc'iuentiy^ to the Cfuntry. I'or p'eventtcn rvherecf-^ r-nce to t«ure "^^'^ Court doth Order and Enatfi', That where any Cattle fhall Tref- CotoFieHs. pafs on any propriety, not appearing to be fuflncicntly Fenced, againfl Swine fufl'icicntly yoaked and ringed, or Cowes and fuch Cattle as will tc redrained by a fufficient Fence, in the judgement of the viewers of the Fences, as Fa^. 11. Sed. 6. in all fuch cafes the Owners of the Fence, or of the Land, lliall bear all fuch damages, as to them thereby fuf^ained, any thing in the faid Order, or any other Law, Cudome or Ufage to the contrary notwithftanding. \^t662~\^ Ciiufes Small Caufes, ■> FO %^ C'^y^tr the Char^v and hcumhancc of Courts ly fmalL Caufcf^ It is Ordered by this Court and Authority thereof. That any Magi- u/id'a 4o. 6. Arate in the Town where he dwells, may hear and detcimine by his dif- crction Cnot by jury) according to the Laws here cftablifhcd, all caufcs anfing in that County, wherein the Debt, Trefpafs or Damage, doth not exceed Forty jliillmp, who may fend for parties and witncfles by Sum- mons or Attachment dtrefTlcd to the Marfhall or Conftablc. who (hall faithfully ccecutc the fame. Three Ccrrm-.iri- j\nd it IS further Ordered, that in fuch Towns where no Magiftrate tl'^lr^irZT dv.-ells, the Court of Affilbnts or County Court, may from time to time jcaafk upon rtqucft of the faid Towti3, fignifitd under the hand of thcConftable, appoint three of the Freemen a3 CommifFioners in fuch cafes, any two \thercof, tliiill have like pov/er to hear and determine- all fuch caufes therein either party is en Inhibitint of that Town, who have hereby po- wer to itnd for Fatties and Witncffcs, by Summons or Attachment dirc' ded to the Conftablc, fi5 alfo to Adminidcr O&lhs to WuncfTes, and to give CaUfes. Small Cauj'ej. zt give time to the Defendant to Anfv/er if they fee caufe j and if the Party Summoned refufe to give in his Bond or Appearance jor fentenced, refufe to give fatisfaAion, where no goods appear in the fame Town v/herc the Farcy dvv'ells, they may charge the ConftaUe with the party, to carry him before a Magiftratc or Shirc Court (if then fitting) to be further pro- L.i. p.4.6. cecded with according to Law, but the faid CommilTioners may not com- mit to Prifon in any cafe. And where the Parties live in feveral Towns, the Defendant fhall be liable to be fucd in either Town at the liberty of the Plaintiffe. ■2. eyind forafrhuch as the Magiftratcs are under cm Cath of Cod^far difpenjing equal jujlice according to Lavp j It IS Ordered by the Authority aforefaid, that a!i AlTodatesfor County Courts, when and where there (hall be any, and all fuch Commiflioners ^ff„,-,,^., ^^ Authorized as aforefaid, (hall be fworn before each County Court orfomc commiirionerj Magiftrate in that County, unto the faithful difdjarge of the truft and po- '° '^f'""" wer committed to them. And it is further Ordered, That in a'] fmall Caufes as aforefaid, where only one Magiftrate dwells in the Town, and the Caufe concerns himfelf, as aifo in fuch Towns where no Magiftrate is, and the Caufe concerns any of tht three Commiflioners, that in fuch cafes the Sele"«'ito Town, fiiall have power to hear and determine the fame, and alfo to graunt t'v caufe; execution for the levying and gathering up fuch damages for the ufc of the perfon damnified, as one Magiftrate or three Commiflioners may do. And no Debt or Action proper to the Cognizance of one Magiftrate or t , _ ^ the three Commiflioners as aforefaid, fhall be received into any County " '"'*' Court, but by Appeal from fuch Magiftrate or Com mi.Ti oners, except in ^o"t--cain'tc. cifes of Defamation and Battery. [ / (J-f 7. .f ^. 3 tionvundc: 4^.5 3. whereas by rcafon of the concourfe of People, and increafe of trade iti the . ^ Town of BofioKy Suit, at Law are grown more frequent^ whereby the '^ ' "' County Courts are much prolonged, and forafmuch as many crtmes are alfo committed in the faid Town, by ftr angers and others, which often efcafe un- ^unifhcd j For the prevention whereof. It IS Ordered by this Court and the Authority thereof, that there be cemmiaioncrs feven Freemen refident in Bofton, annually chofen by the Freemen of the "^ Lofton, faid Town, and prefenttd to the Court of Afliftants, who hereby have power to Autliorizc the faid fcvcn Freemen to be Commiflioners of the chofai. laid Town, to a(f^ in things committed to their truft, as is hereafter ex- prefl'ed; who fhall from time to time be fworn before the faid Court, or Swora. the Govcrnour, Deputy Govcrnour or any two Magiftratcs. And this Court doth hereby give and graunt CommifTion and Autbonty unto the faid fcvcn men, or any five of them, or any three of them with one Ma- giftratc, to hear and determine all Civil Adions which (hall be brought before them, not exceeding the fum of Ten Pounds, arifing within the Foaor Jn ci»U neck of I and on which the Town is Scituatc, as alfo on Neddies Jjland, 5^^^^*' "^° or betwixt any pcrfons where both parties (hail be Inhabitants or Rcfi- dents within rhe faid Neck or A/'oi/f^/a f/?anrf aforefaid, or where either party Ihatl be an Inhabitant or Refident aforefaid; Provided they keep a Book of R.ecords for the entry of all Caufes, Evidences, Tcftimonies, Sentences and judgements as the Law provides in like Cafes -, which faid Com- miilioncrs are Authonzcd arrailly, to appcm: a Clerk of their Court and to demand nnd receive of every Plain tifte in ill Cafes or Aftions not tx- ceeding Forty {hiSwgs, rhe fum of three fhtllir.gs four pence ; and for all £ 3 ctict 22 Charges Fublkk. Tn CriminDJ Ca- Other Aflions, the ihra of ten Jhii/ings -^ and for all other things the ac- cuftomed fees; and the faid Conimiflloners fhall from time to time pub- lifh their Court dciycs, as the tbec CommifTioners in Towns are bound to, u4nd for ibe dijcovtvy^ -prevcnUon and punijhment of Mifdcmeanoms in the Town of Bcftm ; Power and Authority is hereby given and granted to the faid Com- mifiioners, and every of them, by Warrant under their or his hand, to ccm'ent before them, or any of them, all fuch perfons as fhall be com- plained of for fuch offences, or otherwife brought to their cognizance^ and to hear and determine the fame, according to the Laws here eftabli- ■flicd as any Magiftrate may do, Provided the fines impofed by them, do not exceed forty fhiUings for one offence. j^nd that the faid Commijftcners may the better and more diligently en- deavour the fn^^ejji'^ig of fin and mifdemeanours, and the breach of the peace Officits rcqci- rtd to i/n/l the ^4''^.3. NonetoteCom- iiiiflioBtrbut fuch ii arc ap proved. in the faid Town ; Their Commiflion fhall be from time to time, under the hand of the Secretary of the General Court. And alfo all Marflialls, Conftables and other Inhabitants rcfpedtively, arc required to be aiding and affifting our Commiffioners aforeiaid in this behalf. u4nd that no pcrfon may h^ difcouraged or damnified hy this Commiffton ; It fhall be lawful for any perfon to Appeal from the Sentence of all or any of them to the Court of Affiftants, [_iSsi.'} 4. ty4nd hecaufc the ConifKi[fioners in the feveral Tcums have To- ner of ludicaturt, the exercife whereof is of greet concer;im:nty both to Towns and Country ; It 15 therefore Ordered, that henceforth theft? Oiall be none admitted to be a Coramifljoner for any To'wn m this Jurifdidbon, but fuch whofecorj- verfation is inoffenfive, and whofe fideHty -fo the Country is fufJcientJy Icnown and approved of by the County Court of that Shire. [] /6j4'2 Charges TubUcJi^ noae to he im. fiuiui ia p^ib- IJck trvicf at Ifidrcwn chatQC Evry tnbibi- taot to pJy to all charge I'n Churcb mi CoawQQ.weaJih IT is Ordered by this Court and the Authority thereof, That no Governour, Deputy Govemour, AHifiant, AHbciate, Grand or Petty Jury man at any Court, nor any Deputy for the General Court, nor any Commiffioners for Military Difcipline at the time of their pub- lick meetings, ftiall at any time bear his own charges, but their neceilary cxpcnccs fhall be defrayed, cither by the Town, or the Shire on whofe fervicc they are, or by the Country in general. [,'631. 41.2 2. The Couit confidering the ncceffity of an equal Ccntnhuticn to ail common charges in Towns -^ Doth Order, That every Inhabitant fhall Contribute to all Charges both in Church and Common-wealth, whereof he doth or may receive benefit : And every fuch luhabitart who fliall rot Contribute proportion ably to his abi- lity to all tcmmon Charges, both Civil and Ecclefiaftical, fhall be corn- pclled thernjnto. by Affcismcnt and Diftrefs, to be levied by the Conftable 01 other Ofiiccr of the Towtij and the Lands and Eflates of all m^n- (whcrein. charter Publickz 2? wherein they dwell) fhall be Rated for all Town chutes, both Civil and Eccleficftical (as =Jorcfaid ) where the Lands and Eltates fhall lye, and loVy'lthcre*** their pcrfons where they dwell. 'ho 1^. 3. For a more equ^I and ready way ef raifmg means for d( fraying the fublick^chnrges, and for {reventing fucb inconvcniencts as have fallen out u^oH former ^ffcfsments ; It is Ordered and Enadcd by the Authority of this Court; That the cointryRate Trcafurer for the time being, fliall from year to year in the fifth Month, without expcding any other Order, fend his warrants to the Conftable r/ntto'tbc cm-^ and Sdcdt Men of every Town within this Jurifdiiftion, requiring the Con- lUble. ilabie to call together the Inhabitants of the Town, who being fo afTcm- bled, fhall chufc feme one of their Freemen to be a CommifTioncr for the Town, who together with the Scle n'""*^ a true ciVimation of all perfonal and real eflates, being or reputed to be the cAace of all and every the perfons in the fame Town, or otherwife under their cuflody or managing according to juft valuation, and to what pcrfons the fame do belong, whether in their own Town or ellewhcrc, fo near as they can by all lawful means which they mayufc, r;c. ofHoufes, Lands of all forts, as well broken up as other ( except fuch as doth or Ihall lye common for free feed of Cattle, to the ufc of the Inhabitants irr general, whether belonging to Towns or particular Perfons, but not to be kept or bearded upon to the damage of the Proprietors,) Mills, Ships and all fmall Vclfels Merchantable, Goods, Cranes, Wharfs, and all forts of Cattle, and all other known Eflatc whatfoever, either at Sea or on Shore; all which Pcrfons and Eflates are by the faid Coinmiffioncis and Selefi men to be aneflcd and rated as here followcth, ifz.. every Perfon aforefaid ^ „, , , (except Magiflrates and Elders of Churches) one (lulling and tight pence g V. pei'hai by the head, and all Eftatcs, both real and perfonal, at one penny for eve- sdiUiXone jy twenty Jhi/lingSy according to the Rates of Cattle hereafter metuioncd. penny per pounJ The Eflates of all Merchants, Shopkeepers and Facflors, fhall be Aflefled ^_ ji.p. i. by the Rule of common eflimation, according to the Will and Doom of ^^^^,.,„,^ ,,;^^ ihc AfTcfibrs, having regard to their Stock and Eftate, be it prefentcd to by win scdoom view or not, in whofc hands foevcr it be; and if any fuch Merchants y^ <-.p. j?. iindc themfelves over valued, if they can make it appear to the Aflcllbrs, they arc to be eafed by them, if not, by the next County Ccuit; And n^rcofboufeSc Fioufes and Landjof all forts (except as aforefaid) fhall be rated at an fcjual and indiflerent value, according to their woith in the Towns and Places where they lye. Alfo every Bull and Cow of funr years old and upward axthree pounds, Heifers and Steers hclwcen three and four years old at f-f^y Pn/lings, Raeot'caiile. and between two and three years old at forty Jhi/itngs,, and between cue and two at twevty fhj,'liKgs,and every Oxc of four years old and upward at five pounds, every Horfc and Mare of three years o/a? and upward /I'c pounds, between tiro and three at three pounds, of one year old and upwards at thirty fliiHings ; every Ewe fheep above one year old at ten Pii/l>ngs,cvS' ry Goat above a year old at eight jhillings, every Weather fheep above one year old at ten (Jiil/ings; every Swine above one year old at Inenly fhiliings; Every AfTc above one year old tit forty flii.Iings : And all Cattle of all forts under a year old, are hereby exempted ; as alfo all Hay and Corn in the Husbandmins hand, becaufc all Mcadovy, arable Ground and Cattle are Rateable as aforefaid. And for all fuch pcrfons as by the advantasc of their Arte and Tradcsv ace 2+ Charges Public^. Artificers j.id yznii Krai ei Rated. 1 inpotom pel - Jons ehtmpied. Town- ^llfiiracnli. CantiMt^ to ColUttin the Dintb njonlb. YccrilHr? to be j^fTcfTtdat the nOU T own. Gomtnidlonpr? ocScteamcns forfeit ^o.s. are more enabled to help bear the publick charge then con-jinon labourers and Workmen, as Butcherr, Bakfyi, Bren-crs, FuruaUers^ Smiths^ Car- }>cnterSj Tay ors. Shoemakers^, oyncrs. Barbers., Alilkys and AlaUnn, with all other manual perfons and Artifts, fucb are to be rated for returns and gaines, proportionable unto other men for the produce of their Eftarcs , Provided that in the Rate by the Poll, fuch perron,s as are difabled by fickncfs, lamenefs or other infirmity fhall be exempted. And for fuch. Servants and Children as take not wages, iheir Parents and Mailers fiidl pay lor them, but fiich as take wages ihall pay for thenilelves. And it is further Ordered, That the Coir.mifliioiiers ior the feveral Towns, in every Shire, fhall yearly upon the tirft fourth day of the week in the feaventh Month, aflemble at their Shire Town, and bring with ihcm fairly written the jufl number of Males lifted as aforcfaid, and rlie AfTefs- ments of Eftates made in dieir fevctal Towns, according to the Rules and Direcflions in this prefent Order cxprcflcd , and the f^id Commiffioners being fo aifembled, fhall ducly and carefully examine all the faid Lifts and Allefsments of the feveral Towns in that Shire, and fnall corrcS7.2 4. It is Ordered, that every Conftable within this Jurisdi(ftion, fhall on the penalty oi f-V£ founds:, Hear tip all their Accounts with the Treafurer, for the Rates of their fevcrrJ Towns, by the firft of May yearly, and they and every of them are impowred to prcfs boai< or carts, for the bet- ter and more fpeedy fending in their Rates, according to the time appointed. And if any CoiiH-able fnall not have Colie,a!l fuch Rates and Levies j and tf he bring them net in to the Treafurer acording to his warrant, the Treafurer (hall dHtreyn fuch Conftables goods for the fame. And ii the Treafurer fhall not To diftreyn the ConfVable , he (hall be anfwerable to the Country for the fame: And if the Conftable be not able to make payment, it fhall be lawfull for the Treafurer to diftreyn for all arrearages of rates and leavyes, any man or men of that Town where the Conftables are unable, and that man or men upon petition to the General Court, fhall have OrdcT to Colkift the fame again eoualiy of the Town , with his jult damages for the fame. [^1640. j^l RATING BTRANGERV. THis Conn undcrflandin^ that feveral Gcntlcmt-j Muchants ftranmi in the heg'imiytg of every yevr^ fnquently comming mto thefe farti ' and hr'mgmg gr:at Jtore of Engiijh and oiher goods of all forts to great value \ and ufually tna^'ig up their markets to then great advantcQc before the Sixth Month, U'hen the Rates, or Order for the Collecting of them by Law is to iffue out, { not without a confiderabk dtfadvantage to the Merchants and Shop-keepers, Rcfidents and Inhabitants of this Colony, who have born theU^t of the day, and are fain to be at all the charge for fupporting of ihe Govern- ment) and the faid Merchants fir angers takemg the chief of the benefit of the Vrade, and make their cfcap^s without any payment to fupport the Govern- ment of this place, tinder, atd by which they reap fo great advantage tj themfdves: It is therefore Ordered, that it fhall be henceforth lawful! for the Seley the Conftables to Levy their faid AfTefTments, as in other c^fcs bv Warrant from the faid Sclca-men. [/<$t>;7 diftrcin Ihc Coo nablecr^^y o- tha lobabit^ni Order for A£- Trfsircnlson IO R the preventing of differences anfing between the Treafurer of the Cnuntr^ -W"^'!'^^ and the Conjlablcs of the Townes'm CoMtmg and rLvmg ZclZ?y - ^^^e^n! z6 Children and Tomb. J?iTre, ana of freai dr>mage thereby ha'?]/smng to the Ccuntry^ h IS Ordered by rhis Court, that where any pay is tert'trcd, the price whereof is not determined by this Court, the place of Appnfemeot fliail be where the payment is tetsdered to the Ticafurer. or his Order by mea inditTerentlyj chofen, as the Law direds. 1^166?.'^ IT is Ordered by this Court and the Authority thereof, that henaforrh •■ the ij^fnijiers of Gods Word, regularly Ordained over any Chujch of Miniftrnof Chrift, Orderly gathered and Conrtitiitcd • ftir*'. be freed from ail Rarss &o<)i«t>rdRate for the Country, County ahd Church, and tor the Town alfo, except '^' where by fpecialContradl with the Town they have confcntcd thereunto ; Provided this freedome fhall extend onely to fuch eftatc as ;s their own proper dlates, and under their own Cultody and iniprovauent, j^/O//.^ Children and Touth. Forasmuch as the ?ood Education of Children is of Singular behcofe and, benefit to any Common-wealth, and whercm many Parents and Aiafiers are too indulgent and negli£ent of their duty in that i^Wj SuUftmsn^fsrc It is Ordered, that the Seleft men of every Town, in the feveral Prc- '^''v^be'^'^t'augbt cinds and quarters where they dv/ell, fhall have a vigilant eye over ihcif loReade. brethren and neighbours, to fee, Firft that none of them fhall fuffcr fo much Barbarifm in any of their families, as not to endeavour to teach, by themfelvcs or othcis, their Children and Apprentices, fo much learning, S3 may enable them perfe chife their children and fervants in the Grounds and Principles of Religion, Ana cjtcchijed jind if any be unable to do fo much ^ that then at the lead they procure fuch children and apprentices, to learn feme ihort OrthodvJX Catcchifme without book, that they may be able to anfwer unto the qucftion* that {hall be propounded to them out of fuch Catechifm, by ihcir Parents or mafters, or any of the SdcCi men when they ftiall call them to a tryai, of what they have learned in that kind. And farther that all Parents and Mafters do breed and bring up their chilrcn and apprentices in fomc honeft lavvfull Calling , Labour or im rbiiifcnrobe ployiucnt, either in husbandry or feme other trade, profitable for rhemfelvs bfcugiuopin 31,^ the Common-wealth, if they will not or cannot train them upm Icam- ing, to fit them for higher imployments. Aad if any of the S cleft men • after admonition by them given to fuch Miaftcrs of families, fhall find them flill negligent of their duty m the particulars unriilv^cMi^'''"-'! jforc mentioned, whereby Children and fervants become rude, ftubboro, ^cekcimcD. ' and unruly: the faid Selcft men with the help of two Magifttates, or the next County Court for that Shire, (hall take fuch cf.iidren or apprentices f) om them, and place them with fome Mafters for veares, fooyes till they come to twenty o«c, and girles eightcer, yeares of age co!7iple?.t) which will more ftricllv look unto, and force them to fubmit unto Govcrrnicnt, accord in* to the rules of thi:. Order, if by fairmeanesandioimc*' inil.uttioiis they will not be drawn unto It. {,i642.'\ z For Children and Youth. 27 a» Porasmuih as it appear eth by too much gjcpcrievce, f'lff diuerfe Children and Servants., do behave thtmjel-ues dijebediently and difordcrly f<^fP.6. tffwardi their Parents, Maflers and Govermurs , to theSflurbance offoinilies, and difeouragement of fuch Parents and Governours; ^ . It is Ordered by this Court and Aiithorrty thereof, That ll fhall be in cv.idTnr-.-'ser the Power of any oae Magiftrate, by warrant diTe:£ or repdingy '^'' ■** which infiuuate themfdvcs into the fellmpip of thfyoun^ pecf.c of tht: Country, drawing them both by:night and by day, from their ca/lings.J fludyes and hon- efl occupations, and lodgmg flaces, to the difiionour of God, and griff cf their Parents, Majlcrs, Tutors, Guardians and Overfeers &ci It is Ordered by this Court and the Authority thereof. That whofo- ever fhall any waycs caufc or fuller any Young people or perfons what- foever, whether Children, fcrvants, apprentices. Scholars belonging to the Pf>rcns i-T>de- Colledg, or any Latine fchool, to fpend any of their time or cftate, by ?obreXw»'^n- night or by day, in his or their Company, Ship or other vefTell, Shop cr e-^jncommon houfe, whether Ordinary, Tavern, viflualing houfc, Cellar or other place ° "" •where they have to do, and fhall not from time to time^ difcharge and haftcn all fuch Youths to their fcvcral imploymcnts and places of abode , or lodging aforefaid , if their being in any fuch place be known to them, cr any other fervant or help in the family , pr fupplying the place of a fervant at Sea or on land : thatithen fijchpcrfon, houfnolder,, Shopkeeper, iliip-maftcr, ordinary-keeper, tavcrnefj vnflualer, or other; (hall forfeit the iumm of forty fji/lin^s upon legal conviaion before p.ny Magirtrate, or the fo^n,TiSr' Commiffioncrs Authorized to end fmall caufes, one halfe to the informer the other halfc to the Country; and all Conflablcs in their fcvcral Limits are Required to ACt herein as is provided in reference to the Law coa- ccrning Inkeepcrs. 4 . over their Whereas fundry Gentlemen cf quality, ana others, oft times fend ir Childrm into this Country to fame friends here, hofemg ( at hajl ) thereby to prevent their Extravagant and riotous caurfes ; who notwithfland- ing {by meanes of feme unadvifcd or ill afeOed per fens , which give them credit, in expedation their friends either in favour to them, or prtventiorl of blermjh to thtmfelves, mil difcharge their dtbts ) they are no lefs laviih and ffofufe here, to the gnat grief .of their friends, dt (honour of God., rhroach of the Country ; It is therefore Ordered by this Court, That if any perfon after public?. Dcb^-madcj?, tion hereof, fhall any way give credit to any fuch Youth, or other perfon P"f°''^ '^'~*"' under oiic' and twenty yeares of age, without order from their friends abir'"'^" here or elfe wheve under iheir hands in writing, they fhall Iccfc their debt f 2 V/h:t not ;. ■cover" 28 ^^trurg!OKS. Ckrke of Writts. whe-i: ever it be. And further, if fuch Youth or perfon incur any pe- nalty by fuch rneanes, and have not wherewith to pay, fuch perfon or fjcrfons as arc occafions thereof, fhall pay it, as the delinquents in the ike cafe fliould do. [ / (^^/J , . . 5. If any perfon fliall willfuliv and unreafonablv deny any Child, mrriigi&c^ timely or convenient marriage, or ihall exfcrcife any unnatural feventy toward them j fuch children fhall have liberty to complame to Authority for redrefs in fuch cafes. [^1641.2 6. No Orphan, dureing their minority, which was not committed toi orphsncnotbc tuition or fcrvice by their Parents in their life time, fliall afterwards be t'iUwuta"conrt abfolutcly difpofcd of by any, withont the confent of fome Court, wherin two Affiftants (at leatt) fhall be prefent, except in cafe of marriage, in which the approbation of the major part of the Selcdl men of that Town, or any one of the next Afhftants (hall be fufficient, and the minority of women in cafe of marriage, fhalJ be fxteen ycaics. \^i^4^-^ ChtTurgtom^ Midtrms,^ Phyfiiwi^^ L.2. P.J FO.Rasmucb as the Law of God alkrve^ ?jj man to im^mn the Life^ cr Lmhs of any Fcrfots, *7Ut in a judicial way ; It is theiefore Ordered, That no perfon or perfons whatfoever, jmploy- cd at any time about the bodyes of men, women or children, for prcfcr- vation of life or healthy as Chirurgions, Midwives, Phyfitians or others , prefume to excercifc, or put forth any aft contrary to the known approved vo Torfe '-r v!o- Rulcs of Art,in each Myftery and occupation, nor excercife any force,violence in"any'° ^'wHhl OJT cruclty upoo, or towards the body of any , whether young or old, (no not out confeiit scci in the moft difficult and defperalc cafes ) without the advice and confent of fuch as arc skillfull in the fame Art, (if fuch may be hadj cr at lead of fome of the wifeft and graveft then prefent, and conicnt of the patient or patients if they be mentu comptcs, much lefs contrary to fuch advice and confent ; upon fuch fevere punifhnicnt as the nature of the fad may deferve, which Law Ineverthelefs, is not ini.er.ded to difcourage any from all lawfull ufe cf their skill, but rather to incourage and dircd them in the right ufe tfereof , and inhibit and rertreii/e the prefumptuous arrogancy of fuch as through pref.dencc of their own skill, or any other fir.ifter refpeif^s, dare boldly attempt to excercife any violence upon or towards the bodyes of young or old, one or other, to the prejudice or hazard of the bfe or limbe of man, woman or child. £ 1649^ Clerke of the Writts. , p T T is Ordered by this Court and Authority thereof; Tliat Ciiotwiihftand. 1 ing every Magiftrate hath power to graunt Warrr.nts, Summons and Attach derive of Wrilti. Colkdge Atrachments) in every Town within this Jurisdiction, there fh all hcnrp- forth be a Gierke of the Wrius, nominated by each Town, andi aHovvrd by each Shire Court ; to grant Summons and Attachments in all Civil Actions; at the liberty of the Plaintiffe, and Svmimons for Witn«tTcs; and the faid Clerks arc allowed to grant Replevins, and to take Bond with fufficient fccurity of the party to prolecute the Suite, wholis Fees fhail be, for every Warrant two per.ce^ a Replevin or Attachment three pence, and for a Bond four pence. And all Attachments are to be directed to the Conftables, infuchXownes where there is no Marfhal dwelling. C'<^>f It is Ordered , That henceforth the Gierke of the Writts fliall de- niaund of fuch as receive Attachments of them, three pence a pecce more then formerly, in bchalfe of the Marflial General, which fhal! be inliew of that three pence on Attachments, by a former Law he was to rccci\c of the Conftablc or County MarOial , and that the ConRablcs fliall have but twelve pence upon an Attachment as formerly. [^i66v] C!crKs ftes. Wirrancs di. r.-ficd to ihe ConftjbJe. Cltrk oFihe Wt'lls to Rcf- ponrt iht Ma''- Hj'.Is f«5 of ;5 d AUlC^•rlnC. COLljEDoe, WHercli through the good h.ind of God upon us , there- h a ColleJce founded in Cambridge in the County of Middlcfex, Galled HurvarJ, Colledge ; for the incoura^ement xfhercof, this Courr hath given the Sunim of four hundred pounds, and alfo the Revenue of the Ferry bewixc Charles- town a}id Bofton ; and that the well Ordcfinj^ and mafina^mg of the ^^id Col/edge is of great concernment ; It is therefore Ordered by this Court and the Autharity tliereof, Thst the Governour, and Deputy Governour for the time heiiVg, and all the Magiftrates of this Jurisdi(aion, together with the teaching Elders of the fix next adjoyning Townes, viv. Camhridge, W/itcrtcn-ne, Chnrlej-totvne , Boflon, Koxbury and T>orcbcfler^ and the Trcfidmt of the faid Colledgc for the time being, fliall from time to time have full Power and Authori- ty to make and clkulifh all fuch Orders, Statutes and Conftitutions, as they fhall fee neceffary for the Jnftituting, Guiding and furthcrmg of the faid Colledee, and fcvcral members thereof, from time to time, in Piaty^ Morallity and Learning, and alfo to difpofc, order andmannage to rheuJe and-bchoofc|of the- faid CoUedge and members thereof, all Gifts, Legacies, Bequeaths, Revenues, Lands and Donations, as cither have been, are, or fhall be Conferred, Beftowed, or any waycs (hall falljOr come to the faid Col- ledge. And whereas it may come to pafs, that many of the faid Magiflrates and faid Elders may be abfcnt, or oiherwife imployed about other weighty Affaires , when the faid Colledge may need tlieir prefent Help and Counfell, It is therefore Ordered, that the greater number ofMagirt-'ates and Elders, which fliall be prefent with the Prcfident, fhall have ths Power of the whole ; Provided that if any Conftitution, Order or Orders by ihcm made, fhall be found hurtfuli unto the faid Colledge, or the members thereof, or to. the Wcal-publick, then upon Appeal of the Party or Parties grieved, unto the company of Overfcers firft mentioned, they ("hoJl Re- peal the faid Order or Orders Oi they (hall f;;e caufe^ at their next meeting, F J or CommirnonCfff- all) Ficff.-cs of the Colledge. To tn3!ic Orias ^fC.^rl5 Diffore 3 o CoKde}v.iKdy or ftand accountable thereof tc the next General Court. [_t6^6. 40. 42.^ 2. whereas tvf cannot but acknowledge the ^rcat gocdnes of God towards S.J 4. F.2. ys People in this Wildernefs., in rayfmg Mp Schooks-of Learning-., and efpeci- Ally the Collcdge, from mhcnce there hath Jprung many Injiruments., both in Church and Common-wealth., both to this and other places : .Ard nhcreas atr preftnt the ivorl; of the Coilcdge hath been feveral wayes ohfln:ilcd.,andfeems yet aljo at prcfcnt, for want of comfort able maintenance., for the inccuragC' mcnt of a Prefdent : This Couit tnkeing the fame into their ferious con- fderatwn, and finding that though many frofofitions have been made for a voluntary Contribution.^ yet nothing hath hitherto been obtained from feverall ferfotts and Townes., although f-mc have done very liberally and freely ., and fearing leofl vae fnculd flmv cur felres ungraiefuH to God, or unfo.iihfull to pjlerny, if fo good a Seminary of Knowledge and Firtue Jhould fall to the ground through any ncgUB of curs ; It is therefore Ordered by this Court and the A iithorify thereof. That fbefidcs the Profit of the Ferry formerly granted to the Collcdge, which fhalJ be continued ) there ihall be yearly Lcvyed by Addition to the pounds given by Countty Rotc cwf hundred pcmnds", to be payd by the Trcafiircr of the t'lTc'y°r'^ Country to the CoIJedge Treafiircr, for the "bchoofe and maintenancof the feijows. Prefident and Fellovvs, to be difiributcd between the Prefident and Fellows according to the cetcimination of the Overfeers of the Collcdge, and this to continue, dureing the pleafore of the Country. And it is hereby Ordered, That no manfhall Hand engaged to pay Ii;s voluntaiy Contribution, that he hath under-Written, by virtneof this Couits propofitions, and that fuch peifons as have allready done voluntarily, fhail be confidered for the fame in the Country Rate, fuch a proportion as this addition of one hundred pounds doth adde to the Rate, to be allowed by theCQnAabIetoeachperion,andby theTreafurer to thcConftable. {_i6jp'] CONDEMNED. IT is Ordered by this Court; That no man Condemned to dye. ^ba'f r-oncwDc ^«.- be put to Death within four dayes next alter his condemnation, unles cutcdwiihi.M j[^g Court fee fpecial caufe to the contrary, or in cafe of Marflial Law. dcmnaUon. ' ' rior fliall the Body of any man fo put to death, be unburied tnehe houres, vnlefs it be in cafe of Anotomis. \_1641'} It is Ordered by this Court and the Authority thereof. That the Secretary for the time being, fhall from time to time, Signe zWlVarmnts for the ex- rJ.m"[oifxccuVi ecution of petfons fentenccd to Death, cither in the Genera! Court or Court »"• of A(T)(lants : and that the Spfrctciij or C.'fiJ:^? of eveiy Court fhall figne War- rants for executions in all other judgements of Courts Civil or Criminal any CiiAome or ufage to the contrary notwitbftanding. {disss'} Condahles', 31 CONSTABLSS. IT is Ordered by this Cou>- and Authority thereof, That ihe ContUble p^nfj^ticto fhall Whip, or Funifli any to be puniftedby Order of Authority (v/herc „(„p. f here is not another Officer apointed to do it) in their own Towncs, unlcfs they can get another to do it^ Alfo every Conftabic is Impowered and here- yi.rs-P-'^ by Enjoyned, faithfully to Colledl fuch Rates and AlTefsments as (hall from Tocjiicfttowfj time to time be committed unto them, by the Scleft men of the feveral R»''- Towns, provided it be by Warrant under theit hand, 7,. It is further Ordered j That any and every Perlbn tendered to any Conftabic of this jurisdiflion, by any Conftable or other Ofncer, of our owne, or belonging to any Forrainc jurisdiction in this Country , or by Warrant from any fuch Authority j Ihall be prefently received and con- veyed forthwith from Conftable to Conftabic, till they be brought to the place to which they arc fent, or before fome Magiftratc of this jurisdi(^i- cii, who fliali difpofe of them as the jufticc of the caufc inall require. And all Hues dr crycs fhall be duely received and diligently purfued to full c?k€^\ And where no Magiinate is ncer, every Conftabic fliallhave full pci.vcr to make, fignc; and put forth, purfuites or Huts & cryes, after Mt.ycUic;-s^ ManflayerSj Peace-breakers^ Thecves^ Robbers, Hurglartrs, and other Cipjial offenders, as alfo to Apprehend without warrant, fuch as are overtaken with Drinkc, Swearing , Sabbatb-breaki>ii , Lying , flagrant prfons j Night'Walksrs ^ Provided they be taken in the manner, cirher by the fight of the Conftable, or.byprcfcnt information from others. As alfo to make fcarch for all fuch perfons , cither on the Sabbath day or other, when there fhall be occafion, in all houfes Licenfcd to fell either Beer or Wine, or in any other fufpcdcd or difordercd places, and tliolc to Apprehend and keep in fafc cuftody, till opportuinity lerve to bring them before one of the next Magiftrates, to further examination ; Provided v/hen any Conftabic is imployed by any of the 'Magiftrates, for Appre- hending of any perfon, he (h^W not do it v/ithout Warrant in writing^^ And if any perfon (lull refufe to atfift any Conftciblc, in the execution of his Office, in any of the things afore mentioned, being by hirh required thereto, they fhall pay for neglect thereof ten Jhi/lings, to the ufe of the Countn', to be levycd by ^^''arrant from any Magiftratc, before whom any fuch offender lliall be brought , and if it appear by good teftimony , that any fhall willfully, obftinattly, or contemptuoii/ly rcTufe cr ncg!c(ft to af- fift any Conftabic as is before exprefied, he fhall pay to the ufe of the Country forty fiiillmgs. And that no man may plead ignorance for fucb neg'.e^ or refufall\ It is Ordered, that every Conftable lliall have a BLick^ fiajf^ax fixcioot long, Tipped at the upper end cbcut ^f^ inches with brafs, as a Badge of his Office, which he (hall take with him when he gocth to difchargc any pari of his Office i vvliichftaff fnallbc provided at the charge of the Town, and if any Magiftratc, Conftabic, or any other upon urgent occafion, (hall re- fufe to do their bcft endeavour, in rayfing and profcciiting Hues iy cryes^ by foot, and if need be by horfe, after fucH as have committed Capital Crimes, they (hail forfeit for every fuch offence to the ufe aforclaid fij'.irty (l}t/iings. [_/646.] For tfie Regulating and fettlin? the charge f>f prnfecutionof Hues & crrcs. It js Ordered, that what (hall At'fe by occalion of cfcapc from tie Countrvs Frifon ID convty Of- HOC) ftcrvfs to be puiTucd. To be pot forth by the Conftiblc Offcn-l.'ri to be All to:vllinib>» Conftiblson Pf- ni1>/of 10. U, WilirwHsT.Uft Conftible Stiff. Nor ravfmg V-!e and tries >o Ca- pilsl cifn tort'. 32 Conveyances. prifon, or flight from Authority to avoyd the fame, (hall be payd by the Trenjitrer of the Countin/^ and fuch as AiiTe by -flying fom any of our County prifons, or to c cape any of them, fhall be defrayed by the Tnct' anrcncf.""'' Z^*'^*' "/ f'-*"^ County where the occafion did arife. And fuch perfons as procure Hues & cryes upon their own particular occafions, iTiall bear all the charge arifing therefrom j provided due accompts be made by fuch as demand pay. {_i66o.'} Conveyances , lyeeds and Writings, A.J*' P.//. C"^-^ *^^'f prcventicn cf Clnndejljne end unccrta'tm Sales and Titles^ XT It is Ordered and Declared by this Court, That henceforth no Sale or Alienation of Houfes and Lands, within this Jurisdiiflion, fhallbe holdca good in Law, except the fame be done by Deed in writing, under hand v°m'^llovi ^""^ ^^^'' ^""^ Delivered, and Poffeflijon given nponpart in the name of the Ceta sees whole, by the Seller or his Atiurney, fo Authorized under hand and Seal j rnlefs the faid Deed be acknowledged and Recorded according to Law. k.si,r.2.} 2_ Whereas the unskilfn/!ncs of [ome , that make Deeds and Ccnreyatu ces of Houfs and Land., the word Hcire is oftentimes Omitted, v/oen es an £fiate of hbriitan'.e iS intended to be- pr-jfcd by the Parties- whereupon ^ufjlicns and Suites at Law are apt to ari^e : For the prevention whereof for time to come ; This Court Ordercth ; That all Deeds and Conveyances of Houfes and Lands in this Jurisdicti- on, wherein an Eftate of Inheritance is to be Pafled, it fhall be exprc^Ted in thefe words, or to the like cfTecfi: j viz.. To Have and to Hold, the faid Houfc or Lands refpeOively, to the Pattie or Grantee, his Heires and HowDcerls ond Affigncs for ever ^ or if it be an Eftate entaylcd, then to Have and to Hold fo°bemjde""* &c: to the Pattie or Grantee, and to the Heires of his body Lawfully be- gotten, or to the Heires Male of his body Lawfully begotten, between him and fach an one hisv.ifc, or to Have and to Hold to the Grantee for tcrme of life, or for fo many ycares j Provided this Lav/ fhall not include fol:- mer Deeds and Conveyances, but leave them in the fame condition, as they were or (hall be in before this Law takes effeft, which (hall be at the laft of Ofloher one thoufand, fix hundred, and fifty one, Provided alfo that this Law fliall not extend to Houfes or Lands given by Will or Tefta- ment, or to any Land granted, or to be granted by the Inhabitants of a Towne. [ i^j'-^ _ . 3. It is Ordered, That no Conveyance, Deed or Promife whatfoever, ' fhall be of Validity, if it be obtained by illegal Violence, Imprifonment, DfHts obtzintd Thrcatning, or any kind of Forcible compulfion, called "Durcs. [[ 1641.'] by force inY.-iiii f^^^ ^\\ Covenous or Fraudulent Alienations or Conveyances of Lands, Tenements, or any Hereditaments, fhall be of no force or vaUdity, to Dc- Dccds"inv3))id. fcate any man from his due Debts or Legacies, or from any jufi Title, claime or polTcflion, of that which is fo Fraudulently conveyed. ^. eyelid for the avoydin^ all Fraudulent Conveyances , and that every man Council 3 3 man may ^novf what £jiateorhtere/l, ether mtn may have in any Hcujes^ Lands or other Hereatament, they are to deak Iny It is Ordered by the Avthonty of this Court, That after the end of sji.-!«oUcac- Odober, one Thoiifand, fix hundred and forty, ro Mortgage, Bargain, Sr.le, urio/icdj.*} tr;d or Grant made, of any Houfes, Lands, Renti or other Hereeluamcnls , Recorded where the Granter remaines in PoirefTion, fhal! be of any Force agamit other perfons, except the Gra n.ter and his Htires, unlefs the fame 'be ac- knowledged before feme Magiilrate, and Recorded, as is hereafter cxprcf- fed: And that no fuch Bargain, Sale or Grant already rnade in w^y of Mortgage^ where the Granter remains in poiTeflion , (hail be of Force a- gainft othcr^ but the Grantor or his heircs, except the faniefljall be entred as is hereafter exprcfied within one Month after the date before meiuion- cd, if the party bewithinthisjiirisdidion, or clfewcrc, within ihrecMonths after he (hall return ^ And if any fuch Granter being required by the Gran- ■?a"j rtr.R^g tec his Heircs or Affignes, to make an Acknowledgment of any Grants, VsteeTv.'b'/*^ Sale, Bargain or Mortgage by him made, fhall rcfufe fo to do, it (hall bt imfrifooed in the Power of any Magiftrate to fend foi the partie fo refufing, and comittu him to prifon without Baile or Mainpfife,until he fhall acknowledge the f;inie, and the Grantee is to enter his Caution with the Recorder of the County ^;„ ,„, ^ , , Court, and this fliall fave his Intcreft in the mean timcj [And if it be hisCauiior.. Doubtful! whether it be the Deed and Grant of the party , he fhail be bound with Sureties to the next Court of Afiiftants, and the. Caution fhall temaine good as aforcfaid. ^nd for the Recording of all fuch Grants, Sales, Afoyteages; It is Ordered, that the Clcvke of every Shrrc Court fliali Knter all fuch Grants, Sales, Bargains, Mortgages of Houfes, Lands, Rents and Hcrcdi- c.>^lt'io\nu!-'" taments as aforefaid, together with the names of the Granter and Grantee '^''^<^- Thing andE/late granted, together with tl-ie Date thereof. {_i64/, 42S C O V IT C I L. TmS Couri conjidering hovf the Kitgbiy ^faires of this Junsdiflm y ^x•bether they Concern this peculiarly, cr have Reference to the reflcfour Confederated Colonies, may he duelyandffieedily Tranfadcd, m the yacancy cfthe General Court, for the fhtisfaUmi of tik Commiffwners, inreffea of the weighty and fuddain cccafws which may be then in hand- Doth hereby E^.-prefs and Declare, that the General Court cught to be ^STu^TJ" c-alled by the Goveinour, when the importancyof the bufines doth reciuirc ""''• K, and that time and opportunity will fafely admit the fame ; and that all otherneceffary matters are to be Ordered and difpatched by theMqioc patt of the Coucil of the Common-wealth : And therefore to that end Letters figmf^ing brcifly the bufines, and the time and place of meeting foe Confultation ougiit to be fcnt unto the Affiftants. Alfo it is hereby Declared, thit Seven of the faid Affiftants meeting, „„.„,„ the Governour or Deputy Governour being one, is a fuff.c.cnt Alfc-niblv a"""*^"^ "'^ to ACt by Impr.iTing of Souldicrs or otherwife as need fhalf be , and in caie ot cxtream and urgent neceffity, when endeavours are reainablv ufed W caU toseihcf the Afliitants, and the biiL-.cs will not aJniii delay/ then ^ the 34 Their pOv\eT. CounjiL- Courts- the hC\s of fo many as do AlTemble, are to be accounted and are account- ed Vallid and fufficient: Alfo it is mtended, that tfie. General words a- fore mentioned, conlaine in them Pov/Pr to Jmprcfs and fend forth Soul- diars, and all manner of Viauals VeTfeis at Sea, Carriages and all other ne- CtfTariesj and. to fend rrarraw^jtothcTreafuiertopayfor theiame. [/^^i] L.3. P.I' None all happen to differ in any cafe of Judicature, either Civil ^.j-^, P, // or Criminal , fuch Calc fliall be determined by the Majol- Vote of the whole Court met together. ■•3. FOR the Ek&'mg of the Govemour^ Deputy Corcrmur, yifjtf,ants. and General Officers^ upon the day dffairited by oi'.r Patmt, to hold our yearly SlefttoKy being the Injl Wednesday vf every Uefley Tcarm% ' Day of Eiccl'-on It is Solemnly and Unanimoufiy £)ecreed rnd Eftablifhed; That hence- l,°,Voit'sut!'' forth, the Freemen of this Jurisdiction, fliafl cirhgr inPerfoiT or by Proxy, """"S- without any Summons Attend and Confumiiiate the Elcftions on the day aforcfaid yearlv : at which tiriic alfo thev fhall fend their PettiJtvcs with „ .• .,ict» lull Power to confuit or and dcteinnne fuch matters, as concern the Wef bcfent, fare of this Colnmon- wealth ; From which General Comt, no Magiftrate or XJcputy fliall depart or be difchargcd, without the confent of the Major No,.e m H.p>r» part both of Magiftrates and Deputies, during the tirft four daycs of the wHhout Uave. ' El ft Scffion, under the penalty of one biwdred Pounds, nor afterwards under fuch penalty as the Court fliall impofc. Provided that the Deputies of Dover, and of fuch other Townes as are not by Law bound to fend Depuies, arc at liberty of attending any after SeHions. \_"'4s-) ssl .2 4- 4. [t is hereby Ordered and declared, that the Governour and Depiity . _ Governour, joyntly agreeing, or any three Afhftants confenting, have power -'-^ • ottt of Court to Reprieve a condemned Malefacflor, till the next Court of Go.frno,.r juH Affifiants, or General Court; and that the General Court onely hath Power ax^^^lVkmnZt to Pardon a condemned Melefadtor. r^wcrtortpr-.t* Alfo it is declared, that the General Court hath Authority to fend '""''"'"''■"'"'■ • forth into Forraine parts, any member of this Commonwealth, of what- c<■^fralC(^^rr^ foevcr quality, conditon, ofTicc or relation, about any pnblick Meffagc or "J,"jC'rfc„^"'' Negotiation, Provided the Party fofcnt be acquainted with the Affaires he goeth about, and be willing to undertake the Service. \_i64i'y 5. It is Ordered by this Court, that the Governour, Deputy Cover- L. 1. P.jS, nour, or greater part of the AfTiftants, may upon urpent occafion cill a •2+- General Court at any time; ]i\\t no General Court fliall be didblved or f."*'* fi"!!! 1- J > I 1 - /- 1 . If CtiIi; r«l Court acjourncd, without the conlcnt of the Major part thereot. Notiobc ifd 6. It is Ordered and declared, that the Govcrnovir (lull have a carting Vote, wherefoever there fliall be an a ({id-vote, in the Courts of Afliftants cov.mourjnc) or General Court, & the Prcfident, or Moderator in all Courts of GiviIAfTem V^^^tu! "" blies. C'<)-f /J G 2 T//C 36 Courts, fhe Court han^ finfibk of the gnat mceffity of mawiabig the ylutho r'ny cf Courts and Adagiflrates ; Doth Order, Thac whofocver fhall openly or willingly defame any L.uV.^6. Couit of Jodice, or ihc Sentences and Proceedings of the fanne, or any of Ktr'OJciirou.(5 t^'^ Magidiatcs, cr other Judges of any fiidi Court, in refped of any art ov Mjixinrate^ rr ferstencc therein paffed, and be convided thereof j fhall be puniflied pe»!ity. for the fame, by whipping, fine, imprifonincnt, dis franchifmcnt, orbanifh- ment, as the q>jfllity or mcafure of Ihe offence fhall defcrvc. And if any Magiflrate or other member of any Court, fliall life any ff rtht '■eproQchfuIl or unbefecming fpeecbes orbehaviour, towards any Magiflrate, moX'snf '^x Juc^gCj o^ mcmbcr of that Court, in the face of the Court; he fliall bee hoWfu.^d"" ft^rply reproved by the Governoiir or Prefidcnt of the faid Court, and if the quality of the offence be fiich as fliall defcrve a further Ccnfurc , or if tlie perfon fo reproved fhall reply again without leave; the Court may proceed to punifli any fuch offender, by fine or imprifonmcnt, or may bind him over to the next fuperiour Court. And if m a General Court, any niifcariage fhall be ajnongfl the Magiflrates, when they are by them- felves, it fhall be examined and fentenced amongft themfclves, ifamongfl the Dcputycs when they arc by theTnfelves, it Hiall be examined and fen- finced when they are by themfclves , if it be when the whole Court is together, it faall be judged by the whole Court, [/i?^7, 4t^ 7. Tor the better Adminiflration of fujlicej and eajin£ of the Country^ p 0/ unneceffavy charges and trara'ile ;• Jj. I. Fa 4- jj -^ Ordered by this Court and the Authority thereof, That there bee Two Courts of two Courts of Affiflants[yearly kept at Bojlon, by the Governour,or De- Amftjnh. puty Govcrnour and the reft of the Magiftratcs, on the frfi Tuesday of the frjl month, and on the firjl Tuesday of the fevcuth tntntb, to hear and their power? determine all, and oncly actions of Appcale from inferiour Courts, all Caufes of divorce, all Capital and Criminal Caufcs, extending to Life, Member cr Banifhment. And that juflice be not deferred, nor the Country L j. r.J. needlcfly charged; It fhall be Lawfuil for the Goveinour,orinhis abfence cmt-f'^ut may tl'c Dcputy Govcmour (as they ftall judge neceffary) to call a Court of '^ffift nt"""^ Affiflants for the Tryall of any Malefatftonr in Capital Caufes. Alfo there fhall be County Courts held in the feveral Countyes, by the Magiflrates living in the rcfpecftivc Counties, or any other MagiAratcs that can attend the fame, or by fuch Magiflrates as the General Couit Li.P- i4j fliall appoint from time to time; together with fuch perfons of worth, If. where there fhall be need, as fhall from time to time be appointed by the General Court (at the nomination of the Freemen of the County) to be County Courts j(,-yne(\ jn CominifTion with the MagiAratcs, fo that they may be Five in who k«r»p Idem all, Thrte whereof may keep a Court, provided there be one Magiflrate; Every of which Courts fhall have full power to hear and determine all "ud^er'"" Cauft5, Civil and Criminal, not extending to Life, Member or PaniQimenr, (which with Caufes of divorce, arcre.fcrved to the Court of AiTiQants') and tbeirPowtr, j.^ make and conflitute Clerks and other needfull Officers, andtoSummoa juryes cf Jnquefl, and Tryals ovr cf the Tcv/ns of the County ; Provided no Jurors fhai) be warned from Salem to hfivich.not hoii\]pfwichtoSale*>i and (be times and places for holding the Cov>nty Courts fhall be aS fol- loweth Sujfcik Courts. , 37 S V F F O L K. Baflon the laft tiiefday cf the fecond Month. The.Iaft tueWay of .the fifth Month. '^'^.ccoi^^i^' The lart tuefdiy of the eighth Month. courts. And the laft tuefday of the eleventh Month. Ti^O R F O L K. SalUhury the fecond tiiefday of the fecond Month Hampton tlie fecond ttiefday of the eighth Month. ESSEX. Sahm the laft; tuefday of tlie fourth Mcnth. And the laft tuefday of the ninth Month, ip/w/c/' the. laft tuefday of the firft Month. And the laft tuefday of the feveiuh Month, p A s c /I r yi iZy A 7>l7tfryiouth J ^^^^^^ tuefday of the fourth Month, tJUiDD LSSEX. Churljlown the third tuefday of the fourth Month, And the third tuefday of the tenth. Month. Cambridge the firft tuefday of the fecond Month, And the firft tuefday of the eighth Month. rVKKSHlli^E. Vuri^the fir/t tuefday of the fifth Month. ff ^ M p s H I K e. North- /-/(tntplori the !aft tuefday of the firft Month, ^(irin^ficloi the laft tuefday of the feventh Month. A Judgcnieiu acknouledged before any two Magiftrates and the Je- T 2 T> T cretjry or Clerk of any Court, ftiall be good in Law, and the Clerks Fee jodjjisxnt «- for Recoidiii" the fame fliall be twelve pence, and if the Secretary or Clerk knowWEcH b^ bc a Magiltratc, nc with one Magutrac.: may do it. fir»tcj. 8. Fjr the more fptedy difpatch of all Catifes a-hieh ^nl cvceni Strtrn- L.i.p.lJ". gtrs., who exnntl wit^xut prejudice /lay f(? attend tiK oniniayy Courts of pijiice i It is Ordered, That the Govfrnoiir or Deputy Goveinour, with any two Magirtrates, or v/lien the Covernoiir, Deputy Govcrnour, cannot ar- fo^sjlia^,,'^ tend it, that aii\ three M;;£i(\rates fhall have power upon chc rcqucft of G 3 fuch 38 CpurtJ. Record? of fpc- cial Cnurli lo bt' § Irjnrmtrltd 10 the Cj-.uC of fuch Stranger, to call a fpecial Court to hear and determine all Canfej civil andaiminal (triablts in any County Court according to the manner of proceeding ill County Courts) which fliall arife between iiich Stran- Pf Affitijiits. to L.2.P.15 the party caft or condemned ia tlie cafe. [ i6^f.'j - ^ Jt is further Ordered that it fliall be lawful for any Stranger, upon fo'^fue"t"an"''' '^g^l Summons, to enter any Adicn in any Court of th^s Jurifdiflion, a- *^"'"'- gainfl any pcrfon.not refiding or Inhabitant aniongfl us. L.i.r. 30. g. For hrevcifi'ing' all occaficns of ^art'ia] cr undue frccccdings^ in Courts of Jufiicc and nvcidin^ of jcaloiifies -^ it is Ordered, that 'in every civil' Caufe, between Party and Party, ii7dg« ifUtea ^vhcrc there is between any Judge of the Court, and any of the parries, 10 r"-i'C3n.,t 10 the Relation of father and Son, either by Nature cr Marriage, Brother gi»c en ence. ^^^j Brother, Unclc and Nephew, Landlord and Tenent in matters of ccn- fiderable value: Such. Judge, though he may have liberty to give rcafon- ab!e Advice in the cafe, yet iJiall liave no power to Vote or give Sen- tence therein ; ntitiitr fnali fit as a Judge, when he lliail fo plead or give Advice therein. £ i^sJ- J I..1.P.16. 30. It is Ordered by this Court j that every per fon^ that is to An- ofTendu- t" lie jwcr for any criminal Caufe, whether in Prifcn or under Baylcj his Caufe Court. ' '^'"''" fnalLbc heard and determined at the next Cotirt that hath proper cogni- 7.ancc thereof, if it may be done without prejudice of JuAicc. £ 1641.^ A 5'4.P.2, ir. Forafmucb ins the proceedings of this Cturt are cften hindrcd hyiii- troducm^ f articular cafes of a private nature-^ ?jrKo^n!'n"y' ^^ ^^ thcrcforc Ordered, that no Court fhall transfer the Cafes comc- confiiii with ing before them, and proper to their cognizance, v/heiher civil or criminal, cJur?'™"'' ^""^ if there be diiViculty in any cafe the Couit fliall flate the Qucftion, leaving out the parties Names, and may prcfent the fame to the General Court, where it may be rcfolved j and according to the faid rcfoiution of the General Court, the Inferiour Court that prefentcd the Queftion, fhall at their next meeting proceed to Judgement or Sentence. [_ itfj4.2 I.2.P.4. ^2- Every Court within tliis Jurifdi(fHon where, two Mngiftratcs arc tuLi.iv t.oiirts prcfcnt, may admit any Church Members, that are fit to be Freemen, gi- MMy admit free .^,i„g thf.^ .flje Oath, and the Clerk of each. Court fhall cc-rtiiic their Names to the Secretary at the next General Court. \i''f'4'-} It is Ordered that the Secretary at the recjuefV of all fuch as are ad- to'bf 'Recorded ''"''^•^'^'^ ^° *^^ frcedgmc of this Colony or any in their behaU", give a true copy out of this Courts Records of their Names by them to he delivered to the Clerks or Recorders of thofe Courts in the feveral Counties to vvhicii they do belong, with a copy of the Oath of' Freemen as it is now Itated, that they may there take tlicir Oathcs, &c, [ 1^66.'} Courts nyijoimnmnts. WHtrcas ihroiigh the extremity of the feafons in tfjif Count«y, cr other accidrnis ihct often happen, thai Courts of Jufice arc fof'nctifnes fut by to t!66 1-'} C R V E L T r. IT is Ordered by this Cotirt, That no man fhall exercifc any Tyratwy croritj. or Cruelty towards any Driiit Creatures, v/hich arc ufiialiy kepi for the tifc of Man. [/^4/.J Dedlb 'VntmelJ. JT i« Ordered bv this Court and the Authority thereof, that when foever ""''.'^f'J' '*^'"' any Perfon fhaH tome to any iuddam, untimely or unnatural death; byajory. fome AlTiftant or the Conftable of the Town, flia'il forthwith Summon a Jury of twelve difcrect Men to inquire of the caufc and manner of their Death who fliall prefent a. true vcrdid thereof to fome near A/Tiflant, or the next County Court ucon their Oath. [ /td Debtors, thrcu_^h want of fiafortabU examination a,'d bal. anctng of Scckaccompts-, It" is Ordered, and by this Court Ens(fte<3, that all fuch Book debts aS are now Handing out, or that hereafter [hall be made, and that fhall rot within three years after publication hereof, or withm three years after BooBd.Us lo fuch debt as hereafter fhall be made, be accounted for or baUdnced with ^hMo'ry""' the 40 't)€^iia. the Original Debtor or his Attorney, Agent, Affignc, or other kivful Suc- ccfTor or Subftitutc, and on Accompt or BaHance thereof, afliircil by Spe- cialty given for it, or witnefled by fubfcribing the Debtor ot other Ac- coniptants Mamc to the Creditors Book, or Subfcription of the Witnef- fes to fvch Accompt, fhal! not be pleadable m any Court; imler? fuch Book debt Hiall within the time before limited, be profcciitcd or proved in fuch Court as hath proper cognizance thereof, by Evidence competent and approved by the faid Court: And thc'Evidence there Recorded, and the Record thereof, fhall fccure thii'« 'Ti'J And when the Deputies for the fevcral Towns are met together at any Ce- crJtMh'.r own ^^^^j' Qp^-j.^ jj f|^,^jj be lawful for them or the major pait of them, to hear and determine any difference that may arife about the ElcOion of any of their Members,' and to order what may concern the well ordering of jhcir body. j4tic( hrcaiife we rcmint fcrtfee what vtfrrtty itnd xvri£hf of oeeafwus vnny fall info future coKfldcratwn, and what Cou'ijtls wc may Jlaud in medof; It bourc Tijftrefi. 4 1 It IS Ordered that the Deputies o( the Cieneral Courf, fhatl not at any time be ttaicd and ooiuiuued but from Couft ro Court, or at rrKfll bin v'oD»putW% m for a year, tKat thcCoxjntry may have an 2^'^nual liberty, lodf. mthat cale ontjt""^"^ what IS moft bchoofFuIfur the welfare thereof [[ '^41-j^.sJ-^ Vt*T. And it is further Ordered, that no' man althouj^h a Freerr.an Ihal] be A.sA-f-3- acccptcd as a Deputy in the General Const; that is unTciind \n judge Ofpiofsio br incnt, concerning the main pcints of ChrifliHn Religion, as they have been o"^^"" held forth and acknowledged by the generality of theProreftanr Orthodox Writers j cr that is fcandalous in his converfation, or that is unfaithful to this Governnient. And it is further Ordered, that it fhall not bskwfiil for any Free- man to make •choice of any fuch perfon as aforefaid, thdt is kn«wn to himfelf to be under fuch otfence or offences fpecified, i;pon pain or pf*' rally of five pounds, and the Cafes of fuch perfons to be tried b.y the whole General Court. [^ /pDt,s« firft SelTion or jor the whol€ year. And every Condable that fliall faileJTr^ in his duty herein fhall forfeit the fum of twenty fhillings, to be paid to the common Treafury ^ and all perfons fo chofcn as aforefaid, accepting thereof, which fhall be abfent from the houfc, during the time of their fitting, without )uii grounds fo judged by the houfe, flial! pay lv;entV fliillmgs a day for every fuch defedl, and the feveral returns cf each Conftable, (hall be kept on file by the Clerk of the Deputies tuitill the Court be ended. C " ^' iior fufftr fpoilc or decay, or give fecurity to fatisfie the worth thereof' "it comes to any harm. C ''^■f'. J "Powf/Vx^ i^ Dowries. 1)rDvn^. DOWRIES. FOrafmuch as m prorijion hath been made for am certain mainlcmnce of wives after the decease of their Husbands j t^c"Thl?d "r^ ^^ '^ Ordered by this Court and the Authority thereof, that every Oifir Hujbando Married Woman, Hiving with her Husband in this Jurildi<[lion, or other Laiids.&c. vhcre abfent from him with his confent, or through his mcer default, oe inevitable providence, or in cafe of Divorce, where fhe is the innocent party ) that fliall not before Marriage be cftatcd by way of joynturc, in fonie Houfes, Lands, Tenements or other Hereditaments for tearm of life, ihall immediately after the death of her Husband, have Right and Intereft by way of Dowry, in and to one third part of all fuch Houfes, Lands, Tenements and Hereditaments, as her Husband was feized of to his own life, either in poffeflion, Reverfion or Remainder, in any Bflatc of Inhe- ritance, ( or Frank tenement not then determined) at any time during the Marriage, to Irave and enjoy for the tearm of her natural life, according to the Lflate ol fuch Husband, free and freely difchargcd of, and from all Titles, Debts, Rents, Charges, Judgements, Executions and other Incum- brances whatfoevcr, had, made or fuflered by her Husband, during the laid Marriage between them, or by any other pcrfon cialining by, from or under him, or otherwifc, then by fome A{\ or Confent of Itith Wife L.2-p.5' fignified by writing under her hand, and acknowledged before fome Ma- giftrate or others. Authorized thereunto, which ibail bar her from any Right or Intereft in fuch Eftate, And if the Heir of the Husband or , ^_ oilier perfon Intercfted, fhall not within one Month after lawful demand, part 10 be fa made, afTignc and fet out to fuch Widdow her jufl third part with con- °^' veniency, or to her fatisfaftion, according to the intent of this Law, then upon a Writ of Dowry, in the Court of that Shire where the faid Houfes, Lands, Tenements or other Hereditaments fhall lye, or in the Court of AfTidants, if the fame lye in fcveral Shires; her third part or Dowry fhall be alTigiied her, to be fet out in feveral, by Mets and Bounds, by fucfi perfons as the fame Court fhall appoint for that purpofe, with all cofls and damages fiiftained; Provided alwaycs this Law fhall not extend to any Houses, Lands, Tenements or other Hereditaments fold or conveyed away by any Husband "Bona fide, for valuable confidcration before the lad of November one ihcufmd fix hundred and forty fcrat. Provided alio that every fuch widdow fo endowed as aforcfaid, fhall not commit or fuffec Not to foffer ,j„y jiyj^ ^,y voafle, but fliall maintain all fuch Houfes, Fences and Inclo- fltiporwa t. j.^^^^ ^^ ^^jl 1^^ afTigned to her for her Dowry, and fhall leave the fame in good and fufFlcicnt reparation ui all rcfpe^ls. \_ i<^^i.} 1 drofers. T is Ordered by this. Court and tbei\uthon*ty thereof. That if any mad fball have octaiion to lead, or drive Cattle fioni place to place that is far JBttlt/iaJltctil, 4 3 far off, fo th^.t they be weary, or hungry, or fall fick or lame, it Diall be lawfull to reft and refrefh them for a competenr timt in any. open place that is not Corn, Meadow or inclofed for fome particular u-fe. [ /rf^/.'] JECCESJy^STICJL. AL L the People of God with'm th':s fa/ifcli^tion, who are not in a Church- r;ay, and be Orthodox in ludgcmcy.ty and noi ScaHdakv.s in life, Siiall ijb.ny to gt. have full liberty to gather thcmfclvcs into a Church Eftatc, provided tliey •'■"C^"'*" do it in a Chriftian way, with the obfcrvatioii of the Rules of Chriit re- vealed in his Word. Provided alfo, that the General Court doth not, nor wil! hereafter ,v„h ,pp,„hjii- approve of any fuch companies of men, as fhall joyn in any pretended "''"'' ^'^y way of Church-fellowfhip, unlefs they Ihall acquaint thtee or more Ma ""'"' giftrates dwelling next, and the Elders of the Neighbour Churches where they intend to joyn and have theiv approbation tljerein. 2. It is further Ordered, that no perfon being a Member of sny Ch'jrch which fhall be gathered without the approbntion of the Msgi- ftretes and the faid Churches, flull be admitted to the ftccdonie of this Common wealth. 3. Every, Church hath free liberty to cxercife all the Ordinances of God, ::ccording to the Rule of the Scripture. 4. Every Church hath free liberty of Ele P^y'i''? />'o^ the good agrecmmt of the Ciwl and Chunh-efiate, una the horrible mifchiefs and confufions that follow en the contrary % k is therefore Ordered, that henceforth no perfon fhall publickly and conftantly Preach to any company of People, whether in Church Society or hot, or be Ordained to the Office of a Teaching Elder^ where any two Orgcnick Chiirches, Council of State, or General Court fliall declare their difiaiii-faction thereat, either in reference to Dccflrine or Pradife, thcfaid Cfience being declsred to the faid company of People, Church or Per- fon, lintiii tha Ofiencc be orderly removed ; and in cafe of Ordination of any Tcaeh:::^ Elcsr^ timely notice thereof fhall be given unto three or four of the neighboiaing Organick Churches, for their approbation. [;^/.i?3 34. Forafmuch as the open contempt of Gods Wcrd^ and Adejfcngers thereof^ is the defolating fn of Civil State and Churches j It is Ordered, that if any Chriitian (fo called) within this Jurifdi- (flion, fha!) contemptuouny behave hirnfelf, towards the Word Preached, ^(Ito^at'^!^'^ or the MefTeiigsrs thereof, called to difpenfe the fame in any Congrega- tion, when he doth faithfully execute his fcrvice and Office therein, ac- cording to the V/ill and Word of God j cither by interrupting him in his Preaching;, or by charging him falfely with any Error, which he hath not taught in the open face of the Church, or like a fon of Korahy caft upoa bis tfue Dcftrinc, or him.'elf any Reproach to the difhonour of the Lord Jfifus who haih Jent him, and to the difparagcment, of his holy Ordinance, and making C^ods wayes contemptible and ridiculous: that every fuch. perfon or perfons (whatfocvcr cenfiuc the Church may pafs ) fhall for the firft Ecckfajlkal, 415 Abtoncc rrom firH S-randal be convented and reproved openly by the Magiftrate at fome Lc€c:~% and bound to their good behaviour. And if a f::ond time they break forth into the like contemptuous car- t::.3CS, they fi-.ali either pay five pounds to the pubiick Treafuty, or ftand - two hours openly upon a Block, or Stool, four foot high , on a Leduro day, witii a paper fixed on his breaft, written in Capital Letters, AN OPEN AND OBSTINATE CONTEMNER OF GODS HOLY ORDINANCES, that others may hear end be afharfied of breaking out into the like wio kednefs. f I64(f. ] And every Chriftian as aforcfaid, that fhall go about to dcftroy or £ zp.j-^ difturb the Order and Peace of the Churches cftablifhed in this Junfdi- fiion, by open renouncing their Church eftate, or their Miniftry, or other Ordinances difpenfcd in them, cither Upon pretence that the Churches were not planted by any new Apoflle, or that Ordinances are for carnal D:ft..f>«"^ or Chriftians, or for Babes in Chrift, and not for fpiritual or illuminated per- "[ rhinihesji*! fons, or upon any other fuch like groundlcfs conceit i every I'uch per on "aiiy. who lliall be found culpable herein, after due means of convicftion, ihall forfeit to the pubiick Treafury, forty flnJIir.gs for every month, fo long as he fhall continue in that his obftinacy. [^ 16^6.2 1 y. wherever the Mmifiry of the Word is Ef^Miflicd, according to tho Order of tkc Cofpcl throughout this "JurifdiUmi ^ Every perfon fhall duciy refort and attend thereunto refpeflivcly on the lords daycs, and uponfuch pubiick Faftdayes, anddaycsof Thankfgiving, Mcnmg as are to be generally obfcrvcd by appointment of Authority. And if any perion within this Jurirdi(flion fhall u-ithout juft and neceflary cauTc, withdraur himfclf from the pubiick Miniftry of the Word, afccr due incans of convicflion ufcd, he fhall forfeit for his abfcnce from every fuch pubiick meeting fve flii/Huis. And all fuch offences may be heard and determined from time to time, by any one or more Magilhates. [^ rd4'w"tVhe"firo- the prcfcnt MiniUcr, or by compounding with him, allowing him a com- "''^^'^ '"^ pctcnt and icafonable Aim to provide for himfelf, lb long as he fliall con- tinue %vith them, or by building or pui chafing an houfe for the Minifler and his fucccHbrs in the Miniftry, as the major part of the faid Inhabitants fliali agree. And the particular fums afiellcd upon each perfon by a juft Rate, fhall be collected and Icvyed as other Town Rates, 17. That there may be a fettled and tncoura^iit^ maintenance of Afi A. t 4. !>.<:> nipers in aU Towns and Congregations within this Jtirifdidion. It is Ordered, that the County Court in every Shire, fhall upon in- formation given thGiii of any dcfcd, of any Congregation or Town within the Shire, order and appoint what maintenance Ihail be allowed to the Minr- l^^"^^" ''"• fter of the place, and fhall iffue out warrants co the Sclcel men to affcfs the In- ic'iancc" """^' habitants, which the C.ohftable of the faid Town dial! eollecl and levy as other Town Rarcs. And it is hereby Declared to be our intention that an honourable allowance be m?dc to the MihiRer, rcfpeding ihf jbiJiiyof the place, and I if - lV'irivrt;r< fiouTcl 4<5 Ecckfic.fikcl if airy Town fhall finde theiurelves burdened by the AfTersmEnts of the County Courr, they may compkifi to the Court, which will at all times be ready to give jufl releafs to all men. \_ 16.74.')^ IT ht\ng the great rtuty of this Court, to provide that all Flrtces and People within our Gates be fitppiied of an ^ble and faithful Mimfler of Gods Holy Word; Be it therefore Ordered and Ena(fled by this Court and the Autho- rity thereof. That the County Courts in their refpccfiive-precinOs, do di- ligently and carefully attend the ex£cution of fuch Orders of this Court, ES concerns the maintenance of the Miniflry, and the purging of their Towns and Peculiars from fuch Miniftry and publick ptcach:'rs as (ball be rrovifion for .in found vicious in their lives, or pernicioufly Hetrodox in their Do^rine; DbicMiniftrj. ^j^j f^^ ^^jj pj-j^es deftitutc of an able and faithful Mimftry, that they ufe their beft endeavour for the procuring and fetiing of fuch faithful!' La- bourers in Gods Vineyard, and that the charges of their procuring, and fetiing, be levyed on the Inhabitants, as the Lew for maintenance of Mi- nifters direfts- and that for the future there may be no ncglc(ff hereof; the Prefidents of each County Court, Hiall duely from time to time give it in charge to the Grand-juries of their refpetftive Courts, to prefent all abufcs and neglecfts of this kindc, and that with all care and diligence the fame be redrefled, that fo the Name of the Lord our God being known in our dwellings, and exalted in our gate?, he m.ay flill delight in us, to continue his favourable prefence with us, and our unparalcld enjoyments both temporal and fpiritual, which through the rich mercy of God in Chrift hitherto we have enjoyed, and not be provoked through our pro- phane flightings and.defpifirg thereof, to bereave us and our pofleiities of fuch choice Mercies. [ /dtfo. J W^ ^Hereas the Chy'tfiian Magijlrate is hound ly the Word of God iopre- fervc the Peace, Order or Liberty of the Churches of Chrijt, and by all due means to fromote Religto7i in 1)oar;ne and Difcipline, according to the Word of Cod ; and whereas by our Law, tit. Ecclefsajtical, St€\.. 4. Choice ofc ha rcb ^t 's Ordered and Declared, that every Church hath free liberty of Officers. Calling, EIc(flion and Ordinatioi; of all her Officers) from time to time, provided they be able, pious, and Orthodox : For the better explanation of the faid Law, and as an addition thereunto, this Court doth Order and Declare, and be it hereby Ordered and Ena(fled, that by the Church, is to be meant, fuch as are in full Commumon onlyj and that the teaching Officer or Officers of fuch Church or Churches, we do intend fhati be'che Miniftcr or Minifters to all the People in that Town where fuch ChurcK or churches are planted ;, and that no inhabitant in any Town fhall chal- lenge a right unto, or aft in the Calling or Election of fuch Officer or Miniftei-, until he be in full communion, upon the penalty of being ac- counted a difturbcr of peace and order, and to be punifhed -by the Court of that Shire, either by Admonition, Security for the good Behaviour, Fine, or ImprifcriFnant, siccordins %o the c.^aliiy and degre of the offence. Eieclwns, yj 7 ELECTIONS, TT is Ordered by this Court and the Authority thereof, that for the year ^'./iion by tn- ly chufing of Afilftants, the Freemen (hall ufe Indian Corn and Beans, Jicnccmjiu ':he Indian Corn to manifeft Ele(ftion, the Beans contrary ; and if any ""'" Freeman fliall put in more then one Indian Corn or Bean, for the choice Na-.? bur rrp»- or refufal of any pubhck Oflicer, he (hall forfeit for every fuch offence, ""<" ^° p"' '" ten pounds^ and that any man that is not free, or hatn not liberry of '""'^' voting, putting in any vote, fhall forfeit tho like fum of ten pound r, 2. For the frcrent'mg many imonvemcytcet^ that otherwife *nay acife upon the yearly day of Ekffion, and thai the^ rrork^of that day may he the more or duly ^ eaftiy end fpcedily ij^ued-^ It is Ordered by tins Court and the Authority thereof j that the Frecr ^ll^']^ iH^J'* men of this Jurifdidtion, which (hall not pcrfonally appear at "Bcjlon, to *^" ' ^' give in their votes on the day of Elc(flion, fliall and may in their fceral Towns, from time to time give in their votes for Eleiftion's, befcrc their Deputy and the Conftab'.e, who fliall take them srd Seal them up in dt- Itinift papers, and fend thc:n to the Court of ElccftionSp all the A/^iiiantK to be chofen by Indian Corn and Beans, as abovefaid. The Governour, Deputy Govcrnour, Major Genera', Trcarnrcr, Se- Eicftocoveni Cfctary, and CommilTioners of the United Colonics, by wrigluing the tttt>yfsfei names of the pcrfons EtecTled, in papers open, or once fouldcd, noc twi- lled nor rowled up, that they may be the fooncrpcrufcd. And fuch fumll villages as fend no Deputies, the Conftabfe thereof, witii two or three of the chief Freemen (h?.li receive the votes of the reft of rh.e Freemen, and deliver them together with their own fcaled up, to the Deputy of the hext Town, who fliall carefully convey the fame unto the faid Court nf Eledion. [ /<#-*;. J 3. Foraftntich (is the choice of y^jfijfflvls or ^J^n^ipr^tfi yearly, is of L.2. p. 10. great concernment, and with all care and cWcumfpefiion to be attended; It Is Ordered by this Court and the Authority thereof, that the Con- {lab'cs of every Town within this Jurifdtflion, fhall cnll together all their Freemen feme day in the fecond week of the fnft Wonih yearly to J.s^p 1 s- give in their votes in diHinil- papers for fuch perfons (being Freemen and refident within this JuVirditflion, as v/ell the Magiftrates m prefrnt being as others) whom they defire to have chofen for MaeiArates or Af . , , intants at the next Court or Eie^on, not exceeding the number or MagiHr.tcf w eighteen, and no Freeman /hall put in above one vote for one perfor*, un- Towm. diii the penalty of ten pounds for ever/ "offence. And the faid Freemen (fo met together) or the major part of them, fhall then and there appoint one to carry their votes fealed up unto their vly, hut mabe it mifch cf Iheir Religion to he m oj^fcfiiiun thereto^ and refift to hear yhms under others, who noirvithfrandin^ combine to£c'thfr in fome Towns, and mak? Fartiis JuHable 10 their defjgneSy in Eleilwn cf fueh ftrjvns ctcaimg to their ends ; It is therefore Ordered by this Court and the Authority theicof, that all perfons, i^uakcrs or others, which rcMe to attend rpon the publick Woifhip of God here Eflabhfhed; that all fuch pcrfons .whether I reemen or others, afting as aforefaid, (hall, and hereby at« made ijncapablc of Votir^g in all civil Aflemblics during thoir obfiinate pci-fifling in fuch wicked waycs ancl^oui fes, and untif cei tificale be givcri of their Refor. mation. And it is further Ordered, that all thofe Fines and Mulds of any fucli Delinquents as aforcfaio, which are rot gathered nor paid to the feveral^ 'ircafiircrs of the Counties, as alfo what Fines fhall be laid on them for the future, fhall be deliycrcd by the Order of the County-Ticafurers re- fpefiivcly to the Selcd men of the fevcral towns whcreunto ihey bclonj^, to be by them improved for the poor pf the Town. ^fcheais. Lfcbeats. Fanns, Fairs and Markets. 49 SSCBIATS. JT is Ordered Tjy this Court and tTic Autliority tliereof, that where no Heir or ownes of Houfes, Lands, Tenements, Goods or Chattels can be found, they ihall be feized to the publick Trearury, till fuch Heirs oi" Owners fhall make due claim thereto, unto whom they ftiall be reftored upon juft and icafonable tearms. \_ 1646. J TARjMS. IT is Ordered by this Court and the Authority thereof, that all farms which are wit lin the bounds of any Town, (hall henceforth be of the fame Town, in which they lye, except Meadford. \_1641.'] Jalrei and Markets. IT is Ordered by the Authority" of this Court, that there ihall henceforth d a ^ be a Market kept at Bojlon in the County of Suffolk.^ upon the fifth "^ ' day of the week from time to time. And at Sakm in the Counry of €px, upon the fourth day of the week SaUm, from time to time. And at Lyn on the third day of the week from time to time. Lyyt. And at Charljlown in the County of Middlesex upon the fixth day of Cha.rhtcm. the week from time to time. It is alfo Ordered and hereby Graunted to Softai aforefaid, to have two Fairs in a ycar^ on the firft third day of the third Month, and 0:1 the firft third day ot the eighth Month, from year to year to continue for two or three dayes together. Alfo to Scikm aforefaid, to have two Fairs in a year, on the laft fourth day of the third Month, and the laft fourth day of the feavcnth L.^.p.p, Month from year to year. Alfo to watertorvn, in the County of AftJdlefex, two Fairs in a year, yfratcrtorfJi on the firft fixth day of the fourtli Month, and the firll fixth day of the feavcnth Month. Alfo to Dorcheflety in the County of Suffolk^ two Fain in a year, 00 the fourth third day of the firft Month, and the laft fourth day Oi tho eighth Month, from ^car to year. \_ 16,' j, j4)3'fi 3S, ■j(f. J K ferries. 50 Ferries. FERRIES. 1"^ O F fettling all common Fenlts ma right courfe^ beth forthe Pajfenien . and Owner i j Mm fr.-jpars It is Ordered by this Court and the Authority thereof. That whofo- mvMBoaii '''^"^ ^'^^ '^^'•'^ ^ Fcrry granted upon any paflagc, fhall have the fole liberty for tranfporting PaiTengers, from the place where fuch Fen-y is granted, to any other Fcrry place, where Ferry Boats ufe to land ^ and any Ferry Boat that fnall land Palfengers at any other Ferry, may net take Paflcn- L 2.^.7' gers from thence, if the Fcrry Boat of that place be ready j Provided this Order (hall not prejudice the liberty of any that do ufe to pafs in their own or neighbours Cannoos or 'Boats to their ordinary labour or bufincfb-. But no Ferry man fhall carry over the water any Paflengers in a Cannoo, focaTry"^r!'can- ^^^ in Cafe of neccfTity, and upon his own dcfirc, under the pain, of fo'-- noos fciture of the Cannoo or the value thereof to the Trcafury. And at IVcj mouth Fary, every fmglc perfon fliall pay for nis Pallage tv/o pence. And all Ferry men are allowed to take double pay at all common Fer- ries after day light is done, and thofe that make not prefent pay, being; required, fhall give their names in wrighting, or a pavv'n to the Ferry men, or elfe he may complain of any fuch to a Magiftratc for fatisfa- (ftion. And it is Ordered, that all Magiftratcs, and iuch as are, or from time Magiftrsies ana to time (liall bc choien Deputies of tiie General Court, with their neccf Dt^puiies ao pafs ^-^^.^ attendance, viz.. a Man and a Horfe at all times, during the time oj their being Magiftrates or Deputies (but not their Families) ihall be Paf fage-frce over all Ferries, that pay no Rent to the Country. 2. Ferries ■ (>y4nd fcr the preventing, of danger in the P'yjing at Common It is Ordered, That no perfon (li?.!! prefs or enter into a Fcrry Boat 1°"Vl°rr boat contrary to the Will of the Ferry man, or of the moft of the Paflengers (n^ withoin^^"' entrcd upon pain of ten JlrJlings for every fuch attempt. 'm Jiftrat "'dc- And that every Fcrry man that fliall permit or allow any perfon to puritsor Elders ccmc into his Boat, againC: the v/ill of any of the Magiftrates or Deputies or any of the Elders Ihippcd in fuch Boat, or the greater part of the Pal fengers in the faid Beat, fha'.l forfeit for every perfon fo admitted or re-. ceivcd, againft fuch their will fo declared, the fiun of twenty (Inllings. And it tl'.all be in the power of any of the Fcrry men, to keep out, or put out of his Boat, any pcrfcn that fhall prefs, enter into, or.ftay in any fuch Ferry Boar, ccrtrs.ry to this Order. Men pars a 5 they And it is futthcT Oidcicd, that all perfons Hiall be rcceivea' into fucn pubTi:fep'X.s. ^^'•'7 ^°^^5 according to their ccmcing firft or laft, only all publick per- fons, or fuch as go upon publick or urgent cccafions, as Pbyfitians^ Cby- Yurgcons and. nJMidwtres., and fuch other as arc called to W.omcns Labours_, fuch fliall be tranfported with the firft. [ i£4i^44-,'!^:,47.'\ £i»est lines. Fixing. ^ i FINES. tT is Ordered by this Court and Authority {hereof, that every OfTender X. /•^ 3^- .1 fined fer the breach of any Penal Law, fhall forthwith pay bis or their Fine or Penalty, or give fecurity speedily to do it, orbc mprifoped, or kept to pre'feiluy' *"" ■work till it be paid, unlefc the Ccurt or Judge that irrpofed the Fins.-, fee caufe to Tcfpite the fame; And in ail Courts, where any Fine or Fines or ^•'•^' ^' other Sums of Money fhall be afleffed or received ■■, And aifo when any clerk to rcivm Magiftrate or Ccmn!ilTioncr, iliall afTds .''ny Fines, or- rarcive any Sum, f',afll^',l° "" for the ufe of the Country, by virtue of any peaal Order, the SecYetmy locrtctn d»yts or Clerk, of each Court, and every fvich Magill ate and Conimi/r»oner, fhall within fourteen d^yes, end a Tranfaipt or Note of the faid Fines and ■^•'•P- -*■'• other dues to the Trcafurcr of the Country or County to whom it doth belong, who fha!I forthwith give warrant to the Marftial to colle*'«'^y them ti'l fatisfadion be made; Provided that any Court of Afliftants or ^i^T County Court, may difcharge any fuch perfon from impiifonmciit,if they be unable to make fausfadioa. [_ /fi^S, ^6.] jpiri»s ctni Burning. IT is Ordered by this Court and Authority ttereof, that whofoever fhaJT riir^oFpTOBnd kindle any Hrcs in ihc VVoods, or Groiimls lying in Common^ o' in- '^'i'^ Jjl"'')!.^ c.olcd, fo as tiTe (cmc Ihall run into Corn grounoa or Inclo/bres be. ore the tenth daj of the fitft Month, or after the laft of the fecond Month," or on the laft day of the Week, or on the 1 ords day, fhall pay ail da« mages, and half fo much for a Fine, or if not sblc to pay, then to be Corporally puniflied, bv warrant from one Magiftrcte, or the next County Court, as the offence fhall deferve, not exceeding tvcetity Jtr'-^^i for one ofTencc. Provided that any man may kindle fire in his own ground fo as no danger come thereby, cither to the Couiitry or to any particular per- fon; and whofocver fhall v.'ittinp;iy and willingly burn or deRroy any Frame, Timber, Hewed, Sawen or Riven Heaps of Wood, Charcoal, Com, Hay, Straw, Hemp or Flax, he fh.all pay double damages. 2. Whereas fome dwelling Houfes, gnd cthir f/oufes within this Jurifdi- ^ <-.. 0,;/. ilion, have been fet on Jirty and the means or occafn.n. thertof not d'fcovervd^ though fome perfons have been tehementty Jufjieded to have been Injirttmental therein: The Ccurt taking into (.onfidiratian the danger of fueb a vockcd prailtfe, efpeciaUy in Towns where the Hnufes are near aJjoynin^^ and there being no Law yet provided for the pum[limc:it nf fo bainous a crime; Doth therefore hereby Order, and be il Eneided by the Au:ho:itv of K'rJ 'this Ji Fif}. Fifiermen. th is Court, that any perfon or pcrfons whatfocvcr, of the age of fixtecn ycais and upward, that (hall after the publication hereof, wittingly and willingly let on fire any "Sctrn^ Stcblr^ MtU^ cut Houfej Stacks of IVopd., Corn cf Huy^ or any other thing of like nature, (hall upon dueconvi^ion by tc(\imony or confefTion, pay double damages, to the party damnified, and be fcverely whipt. Burning Houfts. j\nd if any perfon of the age aforefaid, ihal! after the publication hceof, fittingly, and willingly, and fellonioufly, fet on fire any DweUlng HoufCj jMcetw^ fjoufey Store Houfe, or (hall in like manner, fct on fire any out' J-Joi'.fc^Barn, Stahky Leanto, Stacl^of Har^ Corn or IVood^ or any thing of like nature, vhereby any Dwelling Houfc^ Meeting Houfe or Store Hcufe^ Cometh to be burnt, the party or parties vehemently fufpe^cd thereof, (hall be apprehended by Warrant from one or more of the Magiftrates, . , iind comriiitted to Prifon, there to remain without Bailc, till the next (. ourt capta . ^j- y^,-f,f\m,j5^ ^ho upon legal conviction by due proof, or confefTicn of ihc Crime, fhall adjudge fuch perfon or perfons to be put to death, and to forfeit to much of his Lands, Goods or Chattels, as (hall make full fatif- fadlion, to the party or parties damnified. \_ i6j2.] f'l^i. Fijhermeff, Wf/creds it hath been a cup erne for frreign Fijlrrnun to make ufe of fjch /^arbours and Grounds m tkt Ccunt>y, as have not been Inha- bited by Englifh men-, and to take Timber and [Vo'd at thetr flcafure for all their occafons, yet m thefe farts which are ni.w {ofeljed, and the Lands dtf- pcfed m prvfrleties, unto feveral Towns and Pcrjuns, by the Kings Craunt, under the great Seal of Sngland ., Re^eaUd. It is Declared; That it'is not Lawful! for any Perfon, either Fi(her-man tas 1.1 6^ I' or other, either Forreigncr or of this Country, to enter upon the Lands fo ' ^' ' appropriate to any Town or Perfon, or to take Wood or Timber in any fuch place, without the Licence of fuch Town or Proprietor, and if any perfon lliall Trelpafs herein, the Town or Proprietor fo injured, may take their remedy by aft ion at Law, or may preferve their goods or other in- ttrefl, by oppofing Lawfull force againft luch unjuft violence; Provided tf'at it fhall be lawfull for iuch Filhe men as (hall be implryed by any Inhabitants of this Jurifdicffion, in the feveral feafons of the year, to make vie of any of our Harbours, and fucli Lands as ate near adjoyning for the drying of their Fifh or other ncedfiil occaGons, as alfo to have fuch Tim- ber and Fire wood, as they fhall have necdfary ufe of for their fi(huig- fea'ons where it may be (pared, io ai they make due fatisfadion for the fame to fuch Town or Proprietor. [ 1646. ^ 2. whereas much Damage hath crfen to Merchants trading hencCy by had n^akjng nf Fijh, and the credit of ouf Tiade therein hath much fuffered- . It is therefore Ordered, That at every fifhnig place within this Jurifdi- ''■'"'' c'lion, fomc difcreet and honcft perfon be appointed by the County Court, uiuo which fuch Fifhing place doth bcloogj and thofc pcrfons fo nominated and 10 Fi,jh. Fifhcrmen, j j Srorn viewers of Ti(h at til and appointed, are by this Court impowred to give Oath unto fuch pcr- fons as fliaJl be chofen by the deliverers and receivers of any" Fifli, who have Ubetty hereby, either of them, to chufe one or more fufficient know- ing men in fuch cafes, to view what Fifh is delivered and received^ which viewers fhall be fworti as aforefaid, and what they approve of as Mct'- FiOjing yfttci chantable, the receiver fhall accept, and what is Refufe Fifh fhall be call by, and the faid viewers for their labour and pains aforefaid, fhall he al- lowed owe penny per ^ijintal for fo much Merchantable Pifh as he or they fhall view, to be paid one half by the deliverer, and the other half by Ihe receiver : ^nd for further diredioh to the viewers' in tryal of Pijh j It is hereby Ordered, That all Sun burnt, faltburnt and Dry Fi(h, that iMh been fitft pickled, fhall be judged un-Merchantable. FOr the Explanation of an Order bearing date, ;646. andtheKepealing T-ithcrmCTs i;- of the fame, id 6? For giving a liberty to Fifhcrmen, according to a fuKsr^uUted Rcfcrvation in the Patent, to cut down Wood for Flakes or Stage and other ufcs about their Fifhing imploy, that it is intended only in that Or- der to give liberty to fuch as are Sfrangers, and come only to make Fifh- ing Voyages, and not to Fidiermen that are Inhabitants, v/ho are not to trefpafs upon any perfon in their propriety, but are liable to make fatis. facfiion with damages as in any other Action of Tre pafs, no way re- ftraining Fifhermcn in Common Lands, any Law, Cuflome orllfagctothe conttarv notwitbilandmg. IT is Ordered by this Court and the Authority thereof, that no man (hzU henceforth kill any Cod fifh, Hake, Hadduck or Pollock, to be dried for fale in the Mor.rh cf December or famuvy, bccaufe of their fpawning time, nur any Mackrell to Barrel up in the Month of A{/ty or June, un- Kondito be dcr penalty of paying fve fliillm^s for each Quintal of FiCh, and Fsve fhtl- '«'"'' '"'"•i ""J' lings for each Barrel of Mackrell; nor fhall any Fifhe man eait the Gar- 6°^°^p»"'- tjgc of the Fifh the catch overboard at or near the Ledges or Grounds where they take the Fifh; nor flial) any of the Boats crew refufe or ncg- 3ec"t to obey the Order of the Mafler of the VcfTel to which they belong, for the times and feafons of Fifl-iing; nor ffiall they take or drink any "more- Strong Liquors then the Mafler thinks meet to permit them: the breach of thefe three lall being under the penalty of Twenty fhillmgs l"cr the firil OtTencc^ for the fecond forty, fiy't limp \ for -the third thrte Afonth Imprifcnment^ cnc third part of the afotqfaid Fmes vo the Infor- mer proving the fame. \_ i66i.'\ *^His Court hehtji infortneJ^ th^t the takni^ of c^fackytlat u*ifi>sfoH.ib(e 1 limes do grcatlj/ dnnmijh their inoeafe, and will in the iffue tend to [bo fpcil of the Trade Ihcrecf-, "" I. Da ya. fiflt. Farmery, fornication. Do Order and Enact, That henceforth no Mackrcll fhall be caught. To prevent da- gxccpt for fpcnding whilft frcfh, before the firft of ^u}y annually, on pc- foMbie" ^niing nalty of the lofs of the fainej the one half to the Infotmtr, and thcoihec of Mackrci. j^^jf jq the ufe of the Country. And any Magiftrate or County Court is impowrcd to ad herein to all intents and purpoles, for the execution of this Law. WHcreas by the hleffmg of Cod., the Trade of Ftflnng hath htoi advaH' tagious to this Country, which is like tu be much trnpatred by the ufe of Turtooda s Salt^ which leaves fpots upon the Fjfl., by rcafon of Shells and Traf) in it : For prevention thereof-^ t%l'hpl^'i This Court doth Order, and be it hereby Enadcd, That all fuch FilK Fifh wit'i T<"- that IS falted with Turtooda's Salt, and thereby fpottcd as aboveraid, fhall not be accounted for Merchantable fifli : and all I'worn Cullers of Fifh are heteby required to have fpeoial regard to the fulfilling of this Order, any Law Or Cuftome to the contrary notwithftanding. FORGERT. IT is Ordered by this Court and the Authority thereof, That if any per- fon (liall forge any Deed or Conveyance, TeOament, Bond, Bill, Re- leafc. Acquittance, Letter of Attorney, or any Wiitcihg, to pervert Fqui- ty and luftice^ he fhall ftand in the Pillory, three feveral LeClure dayes, and render double damages to the party wronged, and alfo bcdifabled fco give any Evidence or Veidiit to any Court or Magi/trate. [ /^^(J. J FORNICATION. I T is Ordered by this Court and the Authority thereof-, That if any _. man Commit Fornication with any fingle Woman, they fhall be punifhed, either by cnjoyning Marriage, or Fine, or Corporal pimiflinient, or all, or any of tdefc, as the judges of the Court that hath Cognizance of the Caufe fhall appoint. [ id^j-^.^ T Here 'being a fccming oontradi{fion betwen the Laws tit. Fornication, and tit. Filniflimcnt -^ This Court doth Declare, That the former referring to a particular Crime, a fhameful Sin, much incrcafing atnongf^ uSj to the great difhonour Oi Fornication. Freemen. of God, and our profefTion of his Holy Name, me punifhment of that Sin fliall be as is picfcribcd in the faid Law, any tliing that may feem to re- {train or limit the fame, contained in the other Law, tit. Punifhment, not- withftanding, And in cafe any perfon legally convided of that or any other (hametul and vicious Crmic, be a Freeman 3 it fhall be in the liber- ty and power of the Court that hath the proper cognizance thereof, be- fides any other Penalty or Panifhment, to addc Disfranchifement thereto. 55 WHereas there is ci Larv provided by this Court for pu):ipjifi£ of For- nicators., hut nothing as yet for the eafmg of Towns, whetc Bcpnrds are horn., in regard of tht poverty of the Parent or Parents of fucb ChU(irer% fometimes appearing, nor any T^jde held forth touchmg the refuted Father of a Bajlard for legal eonviSiion ; It is therefore Ordered, and by this Court Declared, that where any man is legally convided to be the Father of a Baftcrd childe, he fliall be at the care and charge to maintain and bring up the frimc, by fucli AfTi- fl-ance of the Mother as nature required:, and as the Court from tune to time (according to circumftances ) fliall fee meet to Order: and in cafe the Father of a Baflard, by confclfion or other inanifcft proof, upon trial cf the cafe, do not appear to the Courts fatisfaftion, then the Man char- ged by the Woman to be the Father, ihee holding conllant in it, (efpe- cially being put upon the real difcovery of the truth of it in the time of her TTravaii) Ihall be the reputed Father, and accordingly be liable to the charge of maintenance as aforcfaid (though not to other punifhment) notwithllanding his denial, unlcfs the circumftances of the Cafe and Pleas be fuch, on the behalf of the Man charged, as that the Court that haiK the cognizance thereof fhall fee reafon to acquit him, and olhcrwifcdifpofe of the Childe and Education thereof j Provided aKvaycs, in cafe there be no perfon accufcd in the time of her Travail, it fhall net be available to abate the ccnvidiion of a reputed Father j any Law, Cuflome or llfageto the contrary notwithflandiiig. TherepotoJ P». iVt of i BiDtid icea. ^ feveral of the Inhabitants of the County of Middlejex-^ Do Declare and Order, That no Man whofoever, fliall be admitted to the Frccdome of this Body Politick, but inch as arc Members of fome Church of Chnft and in full Communion, which they declare to be the true intent of the ancient Law, pa^e the eighth of the fecond 'Booky Anno. I 6 s I. [^ 1660.^ l\ 'N ylyifrver to that part of his Majejiks Lciter of June 2S. 1662. cost- . ccrn'mg admiffwn of Freemen ., This Court doth Declare, That the Law prohibiting all pcrfons, ex- AdmTrtion cf ^ Members of Churches, and that alfo for allowance of them in any County Court, are hereby Repealed. And do alfo Order and EnacTt, That from henceforth all Englifh men, prefenting a Certificate under the hands of the Miniflers or Minifter of the place where they dwell, that they are Orthodox in Religion, and not vicious in their lives, and alfo a Certificate under the hands of the Seledt Men of the place, or of the major part of them, that they are Free hol- ders, and are for their own proper eftate ( without heads of perfons) rateable to the Country in a fingle Country Rate, after the ufual manner of valuation in the place u here they live, to the full value of ten f})>lli:i£s,ot that they arc in full Communion v/ith fomc Church among usj It fliall be in the liberty of all and every fuch perfon^ or perfons, being twenty four years of age, Houfe holders and fettled Inhabitants in this Jurifdi- ition, from time to time to'prefent themfclves and their defires to this Court for their admittanccj^tp the Freedomc of this Common-wealth, and fhall be allowed the priviledges' to have fuch their dcfire propounded, and put (o vote ill the General'Cotirt, for acccptanceto the Freedome of the i'oAy politick; by,, the fufteragelof^the majur part, according. to the Rules of our PateiTt! {_/i^6.}.2 FOrcifynuch as feveral perfons , who from time to time are to he made Free- men live.reinote, and are not able vpsthout great Trouble and charge to appear befureithn Court, to take' their refpetlive Oathes-^ CoumyCourtto (t is^thercforc Ordered, that henceforth it Hiall be m the power of li'/JI^l?"'"'^ any County Court to AdminiAer:"the Oath of Freedome to any perfons approved of by the General Court, who (hall defire the^fame. Any Law or Cudomc ro.iJ:he 'contrary notwithftanding, \_j664.\ CdHo^ng Oano^ing in Bojlon Streets. Gaming and Dancing. 57 CaUoftng in Bojlon Jlreetr. Wtiereas it appears, that ytotnithjlatiding fuch whotfoy»e Orders as have been hlthenmto made by the Seled men of Bofton, provided for the refir&int of all perfons from violent Riding in the flrcets of the faid Town : yet neverthetcfsy many t^ke the liberty and boldnefs to (fallap jTequrntly there- in, to the great endangering the "Bodies and Limbs of many .Perfcns efpcci' ally Children, veho are ordinarily abroad in the flreets, and not of age or dtferetibn fuddenly to efeape fuch danger. This Court havirg ftrmijly con- fidered the Premifes, being careful to prevent a pracitfe that js like io he of fuch dangerous cortfequence ^ Do Order, Tliat no perfor wh^.tfocver, (hall after the pubHcatioii Penalty for ojU hereof, Gallop any Horfe within any the flreets of the faid Town, upon JI,°P^^ "^ ^°"'"' penalty of forfeiting three fhillmgs and four pence for every i\)ch offence, upon conviflion before any one Magiftrate or Commiffioncr of Boflon, to be paid to the Treafurv of the County of Sufoll^, unlcC; it appear on ex- it earn nccefTity. Coming and 'Dancing. UPon cofnplaint of the diforders, by the tfe of the Games of Shuffle -hoard r ^^p^g^ and Bowling, in and about fjoufes of Commolt-entertainment, whereby much precious time is Jpent unprofitably, and much wafie of Wine and Beer cccajjened ; It is Ordered by this Court and the Authority thereof, That no per- K^ Gaming to fon fnnll henceforth ufe the faid Games of Shuffle board, or Bowling, or o^'"""'"- any other Play or Game, in or about any fuch Houfc. Nor in any ether Houfc uftd as common for fuch purpofc, upon pain for every keeper of fuch Houle to forfeit for every fuch ofTcnee imntj Jhilliii£s, and evcr^ pcrfon playing at the faid Game, &c. in or about any fucii Hcufe, fll^ll forfeit for every fuch offence five fhiUmgs. Nor fhall any perfon nt any time Play or Game for any Money or NoCjming for Money v/crth, upon penalty of forfeitmg treble the value thereof, one half "'°"^^' to ihe party informing and the other half to the Treafury ; nor fhall any pcrfon be an Abettor to any kindc of Gaming on the liki; penalty. Nor fhall there be any Dancing in Ordinaries upon any occafion, on No Doncicg h the penally of ilvc (l^iUinps for every per on that (hall oficnd ; and any O'^'""'-'*' Magifliate may hear and determine any offence againft this Law. £ i6^e!, 47, J/.] For preventing disorders arifing in feteral places within this furifdiiiion, . by reafon offomeJliU ohferring fuch Feftiv.ds^ as were Superflitwufiy kept in •^•^'fS' other Countrits, to the great difhonour of God and ojfcncs nf others ; It J5 therefore Ordered by this Court and the Authority thereof, that M who- ^5 Here fie Error ^ whofoever fhall be found obfcrving any fiich day as Chriftmasor the like, Tensity for cither by forbearing labour, fcaiting, or any other way upon any fuch keepioi; chtia- ^^,^Qy^j ^s aforclaid, every fudi perfon fo offending, fhall pay for cvcty "** fuch offence five fillings as a fine to the County. jind whereat not only at fuch times but fcveral other times alfo, it ts a •^ujlorne too frequent in many places, to expend time in unlawful Games, as Cards Dice, &c. It is therefore further Ordered, and by this Court Declared, That f„'"' t'clrdi'l^na after publication hereof, whofoever fhall be found in any place within this ViCQ. Jurifdi;g and reviling Magtflrates and Alinijlers, feehing to turn the People from the Faith, and gain Prcfelitcs to their pcrniciom wajes. The Court cci:f'drring the pre- mifes, and to prevent the likg mifchief, as by their means is wrought m our Native Land; Doth, hereby Order,, and by the Authority of this Court be it Ci- obe dcred and Ena'Qed; That no Maftcr or Commander of any Ship Barque, hrougiii '"t9 Pinnace, Ketch, ot other VefTci, fhall henceforth bring into any Harbour, b'"an"Mjfier''ot' Crcek or Cove within 'this Jurifdidion, any known Quaker or Quakers, fbip on pcnsity or any other Blafphcmous Hereticks as aforefaid, upon the penalty of the 01 loopouiics forfeiuire of o«e hundred pounds, to be forthwith paid to the Treafurer of the Country, except it appeareth that fucii Mafter wanted true notice or information that they were fuch, and in that cafe he may clear himfclf by his Oath, when fufhcient proof to the contrary is wanting. And for default of payment of the faid fine of one hundred pounds, or good fecurity for the fame, flich Mafter fhal! be committed to prifon, by ■warrant from any Magiftrate.^ there to continue till the faid fine be fatif- fied to the Treafurer as aforefaid. Ma<»enrti3t And thc Mafter Or Commander of any fuch Ship or Veflel ihar ihall ^^ar^°tbcm ^""g them, being legally conviid horrid Tenents, and do take upon them to change and eiher the received laudable cujiomes of our Nation, in giving civil refped to cqiialsy or reverence to Jureriours, tvl?ofc Anions tend to undermine the Authority af Civil Govornr,ient as alfo to dcjlroy the Order of the Churches, by dmying all ejlablifhed forms of Worfhip, and by withdrawing from the Orderly Church Jljfemblies, allowed and approved by all Orthodox Profeffors of the Truth ; and infead thereof, and oppofition thereunto, frequenting private meetings of their ovn, infmuatiny thcrnfelvcs into the minds of the ftmpler^ or fuch ns are lefs af'c{kd to the Order and Government of the Church and Common-wcalih^ whereby divers of our Inhabitants have been ivfeHed and fedueed, notwHh- Jianding all former Laws made, ( upon experience of their arrogant bold ob- truficns, to dlfscminate their Principles among ft us ) prohibiting their comeing into this '^urjfdidion, they have not been deterred from their impetuotis li^ttempts to undermine our peace and haflen cur ruiue : For prevention thereof, This Court doth Order and Enntff, that every q.«k"«K>b!; perfon or perfons of the curfed Sefta::ts ia manner as aforefaid, fhall be commiitcd to clofe prifon for one Month, and thea unlefs they chufc voluntarily to depart the Jurifdiflion, fliailgive Bond for their good Abbearance and appearance at the next Court of' AlTiftants, where continuing obftinate, and refufing to retracTt and reform the aforefaid Opinions and Pracfli.'es fhall Le fentenced to Banifhment upon pain of Death: And in cafe of the aforefaid voluntary departure, notto remain, Of again to return into this JurifdisTtion, v/itboutthe allowance ^a'ltft'^^' of the major part of the Council firft had and pubiifhed, on penalty of may not rrfv-'m being Banifhed upon pain of Death, and any one Magiftrate, upon infor- v-iihout iic€.Ae jj^gjjQj^ given him of any fuch perfon, fhall caufc them to be apprehended. One Mas'C'J" and if upon examination of the cafe, he fhall according to his bcfl diP- msy commit fo ^j.„tion finde juit ground for fuch complaint, he fhaii commit fuch perfoa ^"'"' to prifon, until he comes to his tryal as is above exprcfTed. {^ 16 4S. 3 T liHf f Bis Court being dcfirous to try ail rr.eans, -mth as much Lenily as may ccnfifl with our fafety, to prevent the Intrufiom of 'be fakers, who bc- fclef then ay^hfiifd and Hafphemous DoilYines, do Uhe Rogues and Vega- bonds come in upon tis, and hn-vc not been rc/fraincd by ihe Lnvfi alrccdy, provided ^ Hrive Ordered, that every fuch Vagabond Quaker, found within any Order agii'i!* part of this Jurifdidion, fhall be Apprehended by any perfon or perfons, '^""k^'td'i^c^^uci '^^ ^1 *^^ Conf^ablc of the Town wherein he or fhee is takvcyv fuch wandring Qeaker, Herefie of ^akfrs. Hides. 63 having been thrice convicf^cci and fent away as abovcfaid, and relUD-mg sgain into this JurifdWion, lliall be Appretiended, aad Commit':ed b^- any Magiftrate or CommiiTloner a5 abovcfaid unto the Houfe of Corrccflien vs'ithin that County wherein he or i\^tt is }'our.d, until the next Court c'i that County, w]iere if the Court Judge not meet to rcleafc them, ihey rhall be Branded with the Letter '\. on their left (boulder, and belcvete- ly Whipt, and lent away in manner as before. And if after this, he or fnee iball return again j then to be proceeded againft as Incorrigible Rogues and Enemies to the Common Peace, anit fhall immediately be appreheneaded, and Committed to the Common Goal of the Country, and at the next Coi^rt of A/Tillanta fhall be brought to their tryal, and proceeded againfc according to the Law made u4nn(:. 16 jS.^a^.s6- for their punifhmcnt on pain of death. And for fuch Q^iakcrs as fhail arife from amongll cur feives, they ninll be proceeded agamft as the former Law of ^rjm. 16 si. pag ^i'. dol^^ provide, until they have been convi(fted by a Court of AiTiftant?: and be- ing fo conviifted, he cr fhcc (hall then be Danifhed this juiifdi(f\icn : and if after that they fliall be found in any part of this Junfdid^ion, then "he or fhcc fo Sent«iced to BanifhmeTit, fiiall be proceeded againft as thole that arc Strangers and Vagabond Quakers, in manner as is above ex- prelled. And it is further Ordered, That whatfocver charge fnail arife about Apprehending, Whipping, Conveying, or othcrwife atout the Qu^akers, to be laid out by the Conftables of fueh Towns where it is expended, and to be repaid by the Treafurer out of the next Country Levy. And futthcr, that the Conftables of the fevcral Towns are hereby iin- powted from time to time, as necelTity fhall require, to Imprel's Cart^ Oxen, and other AfTiftants far "the Execution of this Order. \^i66i.'\ TH'ti Court heretofore, for foms Reafons inducing-, did judg:- meet to fitfpend the execution of the Laws agamji Qj'.akers^ as fuch, fo far as thiy refpcd Corporal punifhmcnt or Death, during the Courts fkflfure. Now forafmuch as nen complaints are made to this Court of fueh perfons abound- in^, tfpecialiy in the £afiern parts^ endeavouring to drar>.> away others to that rvick^d Opinion ; •■ It is therefore Ordered, that the laft Law tit. Vagabond Quakers, Ofd" >t'''-fi May t66i. be henceforth in force in all refpc(i>s; Provided that their l^ft^M^, 11^!' Whipping be but through three Towns: and the i\4agiftrate or Com- in rorrc niilTjoners figning fuch Warrant, fliall appoint both the Towns, and number of Stripes in each Town to be given. [^ 16 62-2 vv HTDES and SKINS. Hereas fome persons more feekjug iheyr o\»n private advantage then the good, of the Tublick,, do Tranfpurt \Fjiw Hides and Felts ^ V 7 It fiij. High-wayei, It is Ordered that henceforth no perfon (hall deliver aboard any Ship Rjw H!de5 ror Of Other Veflel, direcflly or indire rifdifficn.j upon pain to forfeit the fame or the value thereof And that r.3 Maftcr of any Ship or Vefiel fliall receive any Raw Hide?, Skins, Pcits or Leather mwrought,- diredly or indiredly aboard his Ship or Veficl to be fo tranfpcrtecl upon the li!;c penalty. Provided that any Psrfon, Stranger or other, may tranfport any Hides or Skins brought hither from beyond the Seas by way of Merchandize, or the Skins of Sever, Moos, Bear and Otter. [ i6^6.'\ Jj.z.V.S. 2- "^^on Information cf the negkit of many ^erfons,.in not fating fuch Hides cr Skins^ as either by cr.fi'.alty cr Slc.ughter come to hand, whtnhy^ damage redounds to the Coi'.y:try\ It is Ordered, that every Hide or Skin fhall carefully be dryed, be- "'b*"' r fers'cd.' ^°''*^ ^^ Corrupt, and that fuch Hides or Skins (hall be font where tlteymay " '"" be Tanned or Dreffed, and whofoevcr fiiali negletft to do as afcrefaid, {hall forfeit for every fuch Hide five jliillmgs, and for ever Skin cf Calves or fmali Cattle twelve pence. [_i64o, 4(^-} T HIG HWATE^. O the end ihere tr.r.y he convemerit High-wajes fcr Travellers. It is Ordered by the Authority of this Court, That all Country Highwuyes fhaii be fuch as may be mofl tafic and fife for Travellers, to which piiipofc the Court of that County where fuch High-vvayes is to be iTiadc and laid out, fhall upon com.plaint appoint tv/o orthrcemen of each next Town, vyhofe Inhabitants have moft occafion thereof, upon viev/ to lay out fuch PJigb "v/ayes according to Order, given them by that Court, and ninke return of what they do therein to the next Court, Provided ahvayes it occafion not the pulling down of any Mans Houfc, or laying open any Garden or Orchard, and in Common Grounds, or where the Soylc is v/et, myric or very rocky, fliall lay out fuch High-waycs the v/ider, viz.. fix., ct^ht^ ten or more Rods. Sjiisriflicn to Provided, that, if any Min be thereby damaged in his improved Ground, fae^given pro^r,. ^^^ ^^^^^^ ^^j, ^^^^ ^^^ reafonabic fatisfadicn, by efumatlon of thcfe that laid out the fame : and if fuch perfons deputed cannot agree, it fhall be referred unto the County Ceurt of the Shire, v^ho (hall Jiave power to hear and dctermree the Cafe; And if any perfon finde himfcIfjulHy grieved ■with any acft cr thing, done by the perfons deputed afoiefaid, he may Appeal to the County Court aforefaid, but if he be found to complain without caufe, he (hall farcly pay all charges of the parties, and Goui't, during that A(f^ion, and alfo be fined to the Country as the Court fhall adjudge, Ix^sp-} privattwaycsirt j. It is Ordered and Declared by this Convt, That the Selcd Towns-, men of every Town, have power to lay out ( by themfrlves or others ) particulai: IlorfcSf Marss^ Sione-Horfes. ^S particular and private waycs concerning their own Town, or.I^ fo as no damage be done to any mm without due rccompence to be given by the ja'rowu'^^ judgement of the faid Selc(ft men, and one or two chofcn by the faid Se^ ledt men, and cnc or two chofcn by the party, and if any pcrfon (hall findc himfcif juftly grieved, he may Appeal to the next County Court of that Shirej who lliall do juftice therein as in other Cafes.- [] 1642.'} SI. VpoK informaHon that divers High-vcayes are much annoyed and in- ^^,3^^ i tz»Jv i«^ by ^aies and %jtils ersiied upon them ; H'gh>vjy<^io \i is Ofcieied by the Authority of this Court; That upon any infor- be removed nvation or compSaint iKadc to any County Court, or to any Magiftratc of av.i fuch Gatei or Rails erected, or to be eren^:fls. 6j Forbidden to ^ESVITES. Tills Court tahing into confideration the great V/ars, Comhujlions and Divifons which en this day in Europe cind that the fame are ohfetved to be raifecl and fomented, chiefly ly the fecrct undermrr.ir.gs^and folicitationi of ihjfc of the Itfuitical Order, Alen brought up and 'Devoted to the "KjH- gion and Coiot of Room, whiih hath occaftoned divers States to expel tbeitt thiir Tirrituncs, for prevention whereof among our felves ; It is Ordered and Enaifted by Authority of this Court, That no lifuite t°t°rout"joiir- or Spiritual or Ecckfiafltcal pcrfon (as dicy arc tcnncd _) Ordained by the d'"'""- Authority of the Pope or See of Rocm, fliall henccfortli at any time repair to, or come within this juiifdiRion : And if any perTon fnall give juft caufe of fufpition, that he is one of fuch Society or Order, he fliall be brought before fomc of the Magiftrates, and if he cannot free himfelf of fuch fufpition, he (hall be committed to Prifon, or bound over to the next Court of Affiftants, to be tryed and proceeded with, by BaniDimcnt or xo be BwiHea. otherwife as the Court fhall fee caufe. And if any perfon fo Banilhcd, be taken the fecond time within this Jurirdi(fkion, upon lawful tryal and convicftion, he fhall be put to Death. Provided this Law fhall not extend to any fuch fefiiite. Spiritual Or Eccle- fiafiical pcrfon, as fhall be caft upon our Shores by Ship-wrack or other Accident, fb as he continue no longer then till he may have opportunity of Paflagc for his departure j nor to any fuch as fhall come in company ■with any Mcffcnger hither upon publick occafions, or Merchant, or Maftcr of any Ship belonging to any place, not in enmity with the State of England, or our felves, fo as they depart again with the fame McfTenger, Mafler or Merchant, and behave thcmfclvcs inofFcnfively during their a- bode here. {_ 164-. ] IMPOSTS. FQ ji the f'.ipport of the Governmer.t and Afd'mte nance of Fortification, for the potcifing and fafe guarding om Harhaurs for our felves and others that come to Trade ivith us, A t, i t» It is. Ordered by this Court and the Authority thereof, Tliat every •"•^i'' ■' Perfon Merchant, Seaman or other, that bring Wines, or Strong- waters into any of our Harbours, in any Ships or Vcflels whatfoever (except they come dircdly fr^m England as their firft Port j before they Land any of vv.n^.ot.r «n. the faid Wines or Strong-waters, more or Icfs, fhall firft make entry of ''f'ibcu-.-e Un- .as many Putts, Pipes or other VefTcls, as they or any of them fliall put on fhoic, by a Note under their Hands delivered to the Officer than is to receive the Cuftonics at his Houfe, upon pain of forfeiture and confifcar tiou of all fuch Wines and Strong v.-.itcrs as are Landed, before fuch entry O 2 made 68 Impoft. Cof^trrc to te paid upon the Landirg- CuOomcrsCs van- Esfrs oF the Cuilom of wine. Cuftomcr' P"- wcr inJ duty. afliU the Oliicct Coii.'bMci and other* 10 Jilift the Cuftomcr onpfnilty of ten ftiiUingt made, whcrcfocvcr found, the one half to the Country, the other half to the Officer, and the Merchant or owner of fuch Wines of any kindc, or Strong waters, as foon as he Lands them, (ball deliver and r^> '■'"to the faid Officer what is due for Ciiftome of them according to this Order, m Wine or Strong-water, according to the proportion of the gcodneTs of the parcel that is brought in, as the Officer and Owner can agiec, to the contentment and fatisfaI'<5 fer Tun for every Ship, to be paid out of the faid Merchandize i And the bytvc, (fcip- Mafter of every fuch Ship, (hall alfo pay ten jhlirngs towards the main- tenance cf cur Fortifications, for the cie encc of our faid Harbours; Pro- vided no En£lijli-jhipy or other Ship or Vcffel, Fraught in Fii^land^by anf £nglijii rAan arriving in our faid Harbours, nor any VcfTcl of our Con- federates, or any other parts where our Sips are free of Cuflomcs, Im- pofts and Taxes, fhall pay the faid Cuftome of y7x fence per Tun to the Officer appointed, but only towards the maintenance of the f3:d Fortifica- ForaOiipofieo tions ten fliillings for every Ship above the burden of fivo Hundred Tum, Tun ^'*\-J°^.^, ani Jix Piillingi eight ^emc for all other VJlliG and Ships under that bui- p^cc. "* den. \_164j'} l.f.rr lh'pj.6.)8. Imfcfi en iVlnc and Sircng Llquoy^, Wfjereas the General Court hath formerly for good and migky ReO' fans, laid an Impofi upon wines and Strong-waters Imported-, It is thought expedient by this Court, for good caufes and confidcra- iifpaiitnvj'nt lions, to fet a Rate iipon all Cyder, Mum, Ale and Beer, fold in pubiick "^""sL^^rs Houfes licenfed to fell Ajch things, that is to fay, two jhiilings fix peniC 'j^J'g^"".^* yer Hogfhead upon all Cyder, Ale and Beer, and fve finllmgs per Hogftiead pet nogeiod upon all Mum, an(i fo in proportion thereto, to each of them in gteattc or IrfTcr quantities. And this Court doth further Order thnt thefe Rates or Sums abovefaid, uo^^lJ *"' Le paid to the Trcafurcr of the Country or to his AlTigres in Money, by every perfon Licenfed to keep an Inne, Ordinary, or Houfc of publick Entertainment, within this jurifdioni time to time. IV. And all and every fuch Collcdor, fhall carefully and trucly en- ter all fuch Goods, with their feveral Marks, Casks, Packs, Fardels, Trudfs, Chcfis, Truncks, Cafes, and all other things however called ordi- ftinguifhcd, with the Names of the perfons to whom fuch Goods or other Things are Tent and Ccnfigned, or ate Owners thereof, fo far as may by any lawful means be difcovered. V. And Im^ojls. V. And all perfons to whom fuch Goods or other things aforeraid, are Configncd or fent, or arc the Owners thereof, fhall from time to time, before fuch Goods arc Landed, fignifie the true and juft value thereof, by (hewing the true and pcrfe^ft Invoycc thereof, unto the aforefaid Colle- ctors for each Port^ who arc hereby required to Enter the grofs Sum thereof in a Book for that purpofc, what the faid Goods or other things amount unto, and fhall forthwith demand and receive the feveral Rates or Allefsments aforementioned, or cercifie the Treafurer, or fuch other Colle- ger or Receiver as is concerned therein, VI. And in cafe of denial or delay of payment, the Colle(fior Au;ho- rizcd as aforefaid, fliall levy the fame by dillrefs upon the faid Goods, at the Rate or price fct in the fnvoycc, out of which he fhali have two (Ijii- lings per pound for his time and labour therein : And for the mote full cffcdling hereof, the faid Colle(ftor is impowred to require aid (if need be) as any Conftabic may in the like fervicc, and no man may ictuie toaflifl:, upon the fame penalty the Law in that cafe exprefs. VII. If any Invoycc or Bill of Parcels (hall be falfified, concealed, or not produced, of any Goods or other things imporrcd as aforefaid, it Iball be lawful for the Treafurer or CoIleOor, with the SckCt Men of each Town therein concerned, to Rate all fuch Goods, or the Owner, or other Agent for the fame, by Will and Doom, according to their bed difcretion; Provided it be not Icfs then /cwr {'oirnds per Tun, as the fame ftands Entrcd in the Bill of Lading, in the Boatfwain or other 0(Hcers Book. VIII. It is further Ordered, in reference to all forts of Cattle that are brought into this Jurifdi(flion, to be fold, killed or tranrported, that tlie Venders fiiall give a juft and true account of all fuch Cattle To bro\ighL to fome one ot the aforefaid OtTlccrs impowred to ao«*'«» neral Court, or by Authority derived from the fame. pocdsda'""''^'^ Nor (hall any mans Cattle or Goods of what kinde foever, be PrclTcd, j." '!" .o""""' or taken for any Publick ufc or fervice, unlets it be by Warrant, n^ac eooJ grounded upon fome A(fl of the General Court-, Nor without fuch rea- fonable Pfi7.cs and Hue, as the ordinary Rates of the Country do afi"ord, and if his Cattle or Goods fhall periih or fuffer damage m fuch fervice, the Owner fhall be fufficiently recompenccd. [_i6-ti.2 I mprtpntm»t. ree 7^ linprifonment. Indians. IMPRISONMENT. TT is Ordered and by this Couft Declared, That no Mans Perron fball be Reflraiiicd or Impriloncd by any Authority whatfoevcr, before 'he w'.ioB37la'jie: ^ g^ jia^j, Sentenced him thereto, if hccan piitin liiff.cient Security, Baile or Mainprise, for his appearance and good Behaviour in the mean time, un- Icfs it be in Crimes Capital, and Contempt in open Court, and in fuch Cafes where fuch cxprefs Ad of Court doth allow it. [ y<^-#/.3 INDIANS. -4 2 P i6. T2 ^"^ jetlhg the Indiani Title to Lands in this fttrifdifficnt ; ^ jT It is Declared and Ordered by this Court and Authority thereof. That what Lands any of the Indians in this Jurifdi they have juft right unto, according to induns Title lo ^,3^ ;„ Gen. 1.2S. &ch(i^. q. I. & Pfal. i //. 16. Land. yind for the further incourd^ement of the hopeful xvork^eirmn^ thetriy for the Cmlidng, and helping them fortfard to Chrtjiiamty ; If any of the In- dians jhall he brought to Civil:ty, and (hall tome aiTtortg the Enoltflj to In- habity in any of their Plantations, end fhall there live Civtlly and Orderly; That fuch Indians fhall have Allotments amongft the EDgiifli, according c-.v'.iindbns to ^^ j|^j, CuOomc of thc EnglifH in like cafe. \7i^2t """" Further it is Ordered, that if upon good experience, there fhall be a competent number of the Indians brought on to Civility, fo as to be ca- pable of a Townfhip, upon their requcft to thc General Couit, they fhall have graunt of Lands undifpofed of, for a Plantation as the Englifh have. And further it is Ordered by this Court, that if any Plantation or Pcr- jndin,»nntto fon of thc Englifh, fhall ofterinjurioufly to putany of the Indians from theiy w diri'ofTt.irti planting grounds, or Fifhingplaces,upon their complaintand proof thereof, they fliall have relief in any of the Courts of JuAice amongft thc Englifh, as thc Englifh have. And further it is Ordered by this Court and the Authority thereof, and be it hereby Enaif^cd, That all the Trad of Land within this Jurifdid^ion, whether already granted to any Englifh Plantations or Perfons, or to be granted by this Court (not being under the qualification of Right to the Indians ) is, and (hall be nccounted the jtift Right of flich Englifh as al- ready have, or hereafter (hall have Graunt of Lands from this Court, and the AuthoHly thereof j from that of . ^S. y. It is Ordered by this Court, That iti all places within this Jurif- di£tion, the Englifh fhall keep their Cattle from deftroying the Indians r'diln! i^iL';" Corn, in any ground where they have tight to plant, and if any of their coratoi)cf»ti>- Corn be dellroycd for want of Fencing orHearding; the Town fhall make ^'^' fiitisfadion, and fliall have power among themfclves, to lay the charge where the occafion of the damage did arife; Provided that the Indians •fhall make proof, that the Cattle of fuch a Town, Faim or Pcrfon did the damage. t^/nd for iiuouragemcnt of the Indians, towards the Fencing in cf their Cornfields ; Hcipina Ffnce Such Towus, Farms, or Perfons, whofe Cattle may annoy them that t eiiCro'.iii . -way, fhall Dirctfl, AfTiIt and help them, in felling of Trees, riving and fnarpning Kails, and holing of Pofts; allowing one Englifh-man to three or more Indians; And fhall alfo draw the fencing into place for them, and allow one man a day or two, towards the fetting up the fame, and either lend or felJ them Tools to finifh it ; Provided, that fuch Indians to whom tJie Country o; any Town, have givcfl, or fiiaJl give Ground to plant Intfians. jj plant upon, or fhall purchafe ground of the Englifh, fhall Fence fuch their Corn Fields or Ground, at their own charge as the EnglKli do or ^lould do: And if any Indian refufe to fence their Corn Ground (being tendred help ai aforefaid^ in the prefencc and hearing of fufficient witnefles, they Ihali keep off all Cattle, or lofe their damages. And it is alfo Ordered, that if any harm be done at any time by the Indians unto the Euglifli, in their Cattle ; the Governour or Deputy Go- }"fl^^i%^/ia vernour with two of the AlTiftants, or any three Magiftrates, or any csltie County Court, may order fatisfa(^ion according to Law and Jufticc. [^ id.^0. 4S.2 8. Whereas arte end in phntiftg thefe parts was to propagate the true Re- ligion unto the Indians, and that divers of them are lecome fubjefl to the EnfliOf and have eu^a^ed themfelves to he willing and ready to underjimd the Law of God; (t is therefore Ordered, That fuch necefTary and wholfome Laws which u«..obe puV are in force, and may be made from time to time, to reduce them to civi- hihediuihcin lity of life, (hall be once a year (if the times be fafe) made known to *"'"" them, by fuch fit pcrfons as the General Court ftiall appoint. 9. For the better Orderin? and Governing the Indians fubje^ to as, ^ ^^ efpecially thofe of Natick and Punquepaog ; • «/ - It is Ordered that whomfoevcr the Court fhall appoinf, do take care that, all fuch Indians do live according to our Laws, as far as they are ca- pable, and to that end fhall be Authorized to .conftinite and appoint Indian CommifTiioners in their feveral Plantations, to hear and determine all fuch matters that do arife aniongfl: themfelves as one Magnftrate may do amongft the Englifh, with OfKcers to execute all Ccmnianfls and Warrants, as Marilial and Conftables-. And further they joyntiy fhall have the power of 3 County Court to hear and determine all caufes arifing among them, the EngliO, Ma' L7~ih. riftratc appomting the time and place of the Court, and confenting to the '"^''"'••- determination or judgement, and all other matters beyond their cognizance fhall be iflued and determined by the Court of Afliftants. 10. And it is Ordered, 'hat no Indian fliall at any time Fcwa^v or po„,wsfo.bid perform outward wor(hip to their falle Gods, or to the Devil, in any part d'"- of our Junfdi-;, of the Town or Place where fuch Indiana are found, with their pcrfons "^Z^Ll^' 10 be conveyed before feme Magif>rate 0: CommifTioner , whbhave '«^"'' ^ ^ power 78 Indians, power to deal in fUch cafes ; and fuch Indians as are found Drunk, being apprehended, end will not confefs how or where they had the faid Wine, Liquors, or ftrong Drink, fhall be fecured or imprifoned until they make a juft acknowledgement where they had their Drink oforefaid, or commit- ted to the Houfe of Corred^ion, and there labour to difcharge the charge of their provifion. Thoif a^fofiiioa ^^'^ if any fuch Indian do accufe any perfon for felling or delivering agiii,'.A'p"'on'si2 flrong Drink unto th'jm, fuch Indian accufation fhall be accounted valid irfrthrputy"' againA any fuch perfon accufed^ except fuch perfons fhall clear then felvcs cifar himfdt on by taking their Oath to the contrary, any Law or Cuftomc to the con- oatii.scc. jj.^j.y notwithftanding. And it is alfo further Ordered, that whatfoever Indian fha'I hereafter ifOfunVto pay be taken Drunk, (hall pay the fum of ten flnHmgs or elfe be whipt, "by bc"whip"w?ih°' laying on ten Jinxes, according to the difcretion of the Judge, whether lenfttijiesj&c. Magiftratc or CommifTioner who (hall have cognizance of the cafe: And in all Towns where no Magiftrate or Commiflioners are, fuch Cafes (hall be judged by the Sele(fl men or major part of them. [_t666.'^ 1^ J ,, TT Is Ordered by this Court and the Authority thereof, That henceforth 4Vrp'eitry''K * cvcry pcrfoH that is ©r fhall be allowed by the Treafurer of the Country "ud""'"" "^" *° "^™^^ ^^'^''y ^^ ^'^'"* ^'■''^ '^^ Indians, (hall have libcny to fell unto any Indian or Indians , not in Hoftility with us, or any of the Englilh in New Bttflandy Powder, Shot, Lea^, Guns, (i.e. ) Hand Guns, Rapier or S\vord blades i Provided he or they pay unto the Country Ti-eafurcreveiy half year in money, fixpetrce a pound for every pound of Powder, yTxpenre TS'"7/y'ing ^^^ *^very tfK pounds of Shot or Lead, three p^iHwp for every Gun, three to the coo.nry jl,i/ltn£s for every dozen of Rapier or Sword blades, and fo proportion- J'uvm^lffoZ- ably for any quantity that he or they fhall fell to any Indian or Indians; i€3,t.i:. 35^ every fuch perfon allowed to Trade as aforcfaid, fbal! upon Oath de- liver to the Treafurer a tiue and juft account of the particulars of the 3- bovcmcntioned Commodities, by him or them fold unto any Irdian or Indians. And it is fuithcr Ordered, that any perfon allowed as before, that ftialt be convi(fled before any two Magiftrates or County Cotirt, of felling crtar- tcring any of the forementioned Commodities unto any Indian, whereof he or they have not given a true and jufl: account, and made due pay- ment unto the Treafurer as is above exprcfTcd j every fi'oh pctfcn 01 per- fons (hall forfeit to the publick Trcafuty, five pounds jlerlmg for everjr ■pound of Powder, ^pf pounds for every ten pounds of Shot or Lead, im pounds for every Cun great or fmall, and ten pounds for every dozen of Rapier or Sword blades, and fo proportionably for any quantity of the afoieCaid Commcxiities fold or bartered by him or them to any Indian or Indians: and all perfons except fuch as are alIowed,are hereby prohibited from Celling any of the forementioned Commodities unto any Indian or Indians, upon the penalty expreficd m the Law, tft. Indians, SeO, 2. And this Or- der to continue in force during the Courts pleafurcj any Law or Order to the contrary notwithftanding. \^i66s.^ Inditements IndUemeyiti. In-keqtrs. 79 INDITEMENTS. IT is Ordered by this Court j That no perfon fhall be Indited, Frcfcntcd, ^J^P- ">• Informed againft, or Complained of to any Court or Magifbate wiihin this Jurirdi(ftion, for the breach of any penal Law, of any other mifde- meanour, the forfeiture whereof belongs to the Country, un)efs the f^id (.p^pj..„jj 5„j Indiicmcnt or Complaint, be made and exhibited within one year after f;^.f, and for cxcefiive Dnnkitig three jhillm^s four fewcf, and for continueing above half an hour Tipling two [hillings fix fence, and for Tipling at un- feafoiiable times, or after nine of the Oock at night fve flii/linp for every Offence in thofc particulars, being lawfully convidt thereof, and for want of payment, they (hall be imprifoned till they pay, or be fetin tlic Stocks one hour or more (in fomc open place) as the Weather will permit not exceeding three hours. J. And if any perfon be found Drunken, by night or by flay,orfhall in his Drunkennefs offer any abufe to the Con.labie or others, either by fti i-. Iting or reviling him or them, or ufing tny endeavours by himfelf or o- thers to make aa efcape, it (hall be in the power of the Conrtable to commit fuch perfon or perfoos to fafe keeping or imprifonment, or take Bond for Ins appearance, as he fhall fee caufe j and the Keepers of each Prifon, upon Warrant from any Magiftrate, or CommifFior-er, or Seleft men, fhall receive a", fuch as fhall be fo committed. and Izkehuttwelve 2ence for his feem fuch cafes. And the Conftable fhall inform the next Magiftiate thereof, but if no Magiftrate be in Town, he fhali convent fuch perfon or perfons before one or more of the CommilTioners for ending fmall caufes, and where no Commiliioneis are, before any one or more of the Scledt men of the Town, who have pov/er given them fo do as any one Magiftrate may do in like cafe^ Provided neverthelefs, if any fuch Delinquent fhall confefs his fault, and pay his fine and other charges, the Conftable fhall receive It and difmifs the offender, and every perfon hereby Authorized to receive the fines aforefaid, fhall forthwith make return to the Treafurer of the County where fuch offence is committed, of what he hath done and re- ceived in fuch cafes. DrjnVcqltr;. Tipl'ng the ft Drunilards afcd- fing tlic Co-n«. "blc tobcccm- ir.iltcd COTiJcntfd ^e- forcfbmcMsJ'ft. CoTrmiinionrt of 6. It fhall be lawful notuithftanding, for all Licenfed perfons to en- . ^^ tertaui Land travellers or Sea-faring men in the night feafon, when they ' "''^ come on fhore or fronn theit journey for their necelTary refrefhment, or Tri«ierjefit«f. when tliey prepare for their voyage or journey the next day early, fo Jj^X^"^"" llicic be no difordcr among them, and alfo Str?ngers, Lod^rs or other perfons in an orderly way, may continue in fuch Houfes of Common En- tertainment during meal times, or upon lawful bufinefs what time theic occafioM fhall require. 7. Kor fliall any Merchant, Cooper, Owner or Keeper of Wines,or other perfons that have them in thcr cuftody, fufFer any perfon to drink to Excefs or DrunTp% ihal! h-h^epen. 85 (hall give an account "to the Trcafurer of any part of any Wine entrcd as abovefaid, that he hath fold away again by wholefale, being no lefs in quantity then a Quarter Cask to one perfon at one time, and (halltriiely .^„p^.^c (f^g„g- certifie the perfon who had it, and the time when; fuch perfon or pcrfons w'»(cr"togi>e fliall be a'bated of their Impoft, in proportion to what tlicy have fold. M^'r^rJldiio And all fuch as Retail ftrong Waters, fhall in \ike ma.nner pay trvo pence zisj'.s upon every quart to the ufe of the Country, who fhali alfo give notice to the Marfhal General of every Cafe and Bottle, or other quantity they buy within three daves, upon pain of forfeiture as before 12. And it is Ordered; That in all places where Weekday Lcdures L.j.h.^j. are kept, all Taverners, Viduallers and Ordinaries, that arc within one mile of the Meeting-houfe to which they belong, fhall from time to time crainary-iKpei clear their Houfes of all perfons able to go to Meeting, during fhe time |,orr'«'in"'mcet: of the exercife, (except upon extraordinary caufe, for the neceflary rcfre- 'ngtiqc fhing of Strangers uncxpedeiJy repairing to them) upon pain of (ivsjliil- Vmgs for every fuch offence, over and befides the penalties incurred b/ this Law for any other difotder. heir 8c deierwia r>plM"li3cntJT<'_ flimony 13. It is alfo Ordered, That all ofFenccs againll this Law, may be heard and determined by any one Mp.giilratc, who (hall hereby have po- wer by warrant to fend for, and examine parties and witnefTes concerning any of thcfe olfcnccs : and upon due convi•'• cafes by Warrant from fuch M?.giftrate before whom they are Convidlcd or Warrant from the Treafurer upon notice from luch Magif^rate. If. ^Itid heeaufe it Is dtjfcult to Order and keep the Houfif for }ub- A.}7.\).2 1» lii\ Enteitatnmtrtt m confortnity to the ahnlfofrii; Laws cjl/ihlijlied, as is ne- tfjfary for ftevatting T)ri^.nkeunePiy cxcejfive Drinkuig, vain Ex^er.ces 1) money y Ttnn\ and the nbufe of the good Creatures of fjod-^ It is therefore Ordered by this Court and the Auihority thereof, That Of'l'''"''»'|°.^ no perfon or pcrfons hereafter fhall be Liccnfed to keep a Uoufe "eatyoriy of Common enteitamment for any longer then one year at one time, and thsc fuch as keep Houfes of publick'entcrtainment, (the prefent Vintners during their contracl excepted) fhall and hereby are cnjoyned oace fj^r^f S a year h-keepen. year, to repair to the fevcra! Ccunty Courts for rcniewirg their feveraj iiccnfcs ( tor which they fhall pay tvjo fiiillings fix ^mce to the Clerk of the Court) or clfe they (liali forfeit five pounds as unlicenfed Alchoufc keepers.. I l6-rS,4(^,■^l■7,49,^',Js,s7,s»' UFon complaint of the pvcat ahfts that are daily admitted by the T!^- taikrs of Strongvuaten^ Jihum, &c. both by the Stillers thereof, and fiich as have it from forrai^ne farts ; Ret"ii°i.\qun"s This Court do therefore Older, that henceforth ro pcrfon or perfons wjtboat ucenfs fhall prafun«noi£4 take fpecial care and notice of all and every pcrfon and perfons tran grcf- fing as abovefaid, and thereupon to require him or them to forbear the frequenting of fuch Houtcs or Taverns: and if any perfon fhail after fuch. warning given him, be found in any fuch Houfe of Entertainment, and be legally convicffed thereof, before any one Magiftrate or Commilfioner, he fhall forfeit five jhtllingSj to be paid to the Treafurer of that Town for every fuch Offence, or fit in Stocks as the Judges fhall fee meet. And it is further Ordered, That the Seled men fhail alio give notice to the keepers of fuch Publick Houfcs, that they fuftcr no fuch noted perfon in any of their Houfcs, upon the penalty of twenty (Inllings for every fuch defciff, to be paid to the Treafurer as aforcfaid. [ li/o.} ^ud^e waits and ExccutionSj WHcnas tocre is a -real abu'c in fdling cj Judgements and Execu- ^ ,4 th,is, and fo altering the property of them before they be fatisfied. or Coeds fetA.cd, whereby great inionventcme m^y anfe^ as experience bjth frijved ^ This Coi:rt doth therefore Order, That after the end of this Scftion no v,i>^,nu,n Terfcii fhall leil, Alienate or Alhgne any Judgement or Execution whatiocler f«'-'^""' ""« and if any (hall prefumc to Acl contrary to this Order, his Sale, Airgnmun"*"*"^"''* cr Alicr.a:.on ihall be void in Lawjaud in cafe the pa:t> d;c after the Judgement: * bsfore 8(5 luTcrs. pries. befcTe iic haul taken cut en Execution, or before fatififq^ion be received, his Ejiccutor or his A^minifirator fhall lake oiit-or reniew the Execution, as the party. deceafed migh: have done. fVRORS. ^VRIES. L.!. ?■/■ TT is Ordcr^'d by this Court and the Authority thereof ^ that the Secretary cicrKto grant *or Clerk of every Court, (hall in convenient time before the fitting of warrant foe 3°" the Court, fend Warrants to the Ccnftab)es of the feveral Towns of the ^°" Jurifdiftion of that Court, for Jury men proportionable ta the Itihabitants choftnWfta ^f ggj.j^ Yq^jj . ^njj jj^g Conftable upon the receipt of fueh Warrant, ''"■"''" fliall give timely notice to the Free men of their refpe<^ivc Towns, to chufe fo many able, difcreet men as the Warrant ihall require, which conn^bicslore- ^g^ fa chofen, he fhall vmT\ to attend the Court whereto they are ap- iurnihc«a.ran ^^-^^.^^^ ^^^ ^^jj ^^^^ ^^jyj.„> ^,f the Warrant unto the Clerk afor^ faid. Ji.ji.hs Theiike Order fhall be obferved in the choice and fummoning^uries to L.2.}.S. attend fpccial Courts : Juries at fpcchi ^^ which Courts every Tury-man (hall be allowed four (hillings per dieift Courts allowed i ""i "^ ' -i -i i ■ - r j,- «. /- ^ 4.i, icr drer,. for thcir charges, and to be paid by hjm upon ■wftole motion inc Court was granted. L.T.^-32. And all Juries fervingatthe Courtof AfTiflantsat Bofton, fhall be Sum- iofi.);7-II 6. whereas in Suits and z^fiions hrou^J/t into Courts hetvieen party and pt^rtj, fomctimcs the Plaintijfe and fomttimes the I>efenddnt^ a»d]'ome- times neither of them do attend to anfwer when they arc enlled io Profecute or Anfwer., xnhich hath been too lon^ connived, at by the Ma^iflratcs., and much time kfl in fending to feek^tbem out., or wait their coinetn^ <«, whereby the Country charges enercafcdy and the M'C£iJlra(es, furors., Witneffes an* others ahufed, contrary to the Laudable, T^jafcnable Pra{life and CufloWS of all Courts in our Kative Country, and other Countries i^oww unio us^y It is therefore hereby Ordered and Ena(f\ed, That if any Plaintive, He or Shee have entred anyA^ionto be trycd in any Court, or whichcon^es orderly into any Court, by Replevin, Appeal, or by the difagrecment be- tween the Magiftrates and Jury in an Inferiour Court, and do not by hiin Of her felf, or by their Attomies make their appearance and profecute p|j;„,;0,^3i3p. their A(!!\ion immediately after they }iave been three tnnes called in the fcod^ntspeaiii^y Court by Name, after the fird: forenoon of the Court; that then they (hall [°^;;°Jii"^''*- " be Non-fuited^ and if Plaintiffc or Defendant appear upon fuch call, they fhall have their cofts granted by the Court agaioA him or her that doth T 3 not S8 ■plaimifTs libfrly to matre new en. try in caia Delinq. prnjlfy Jornoranfwer- Lands. Leatkit. not appear; and if afteiwards both parties do agree to try their cafe at the feme Court, they (hall be allowed fo to do, the Plamtiffe paying half fo much for a new Entry as he did before. And if any pcrfon prcfented by the Grand-jury for any offence, or Gummcned by a Magiflrate to anfwer any crime, do not upon Sumrnons appear at the time appointed, upon the third call as aforcfaid, HeorShee ftiall be proceeded againft for contempt, except He or Shec be reflramed or prevented by the Hand cf God, Lands i free Lands, T is alio Ordered, and by this Court Declared, That all our I-ands _ and Hciicages (hall be free from all Fines and Liccnfes, upon Aliena- tions, and from all HariotSj Wardfhips, Liveries, Primcrfeizins, year, day and wafte, Efcheats and forfeitures upon the Death of Parents or Anceftots, natural , unnatural , cafual or judicial and that for ever. 1 1641.2 L E AT H E R. TH'is Ccmt ccyifder'wg the fevcral Deceits ait r) a^hufes which in other -. plates here been, and are ccmmonly pra^lifed by the Tanners, Curriers., and workers of Leather^ as alfo the abufis and inconveniences which accrue to the ftveral Metr.bers of this Common-wealth, by Leather not fujjidently Tanned and Wrought, which is occa/ioned by the negligence and unskH- fulnefs of thofe feveral Trades-men, which before, in and after, it is in the hand cf the Tanner way be much bettered or impaired ; for prevention whereof; Btitedcrs, Curt"- It isOrdcrcd by this Court and the Authority thereof; That no ^ct- crs msy not Tin f^j, uf^ng or Occupying the Feat and Myftcry of a Butcher, Currier or Shoomaker by himfclf or any other, ftiall ufc or excrcifc the Feat or My- ftcry of a Tanner, on pain of the forfeiture oi fix flit llings eight ^ence for every Hide or Skin by him or them To Tanned, whilcft he or they (hull ufc or occupy any of the Mvftcrics aforcfuid. "Nor fliall any Tanner during his uf.rg the faid Trade of Tanning, ufc cv occupy the Feat or Myftery of cither Butcher, Currier^ or SboomakS"'* ty himfclf or any other, upon pain of the like forfeiture. J^eather. %^ Nor fliaiJ any Butcher by himfelf or any other perfon, Gafh or Cut any G30iirscf>iraej liide of Oxc, Bull, Sreer,or Cow, in fleaing thereof, or'otha-wife,w}}6reby the fe'f''' " 3- feme fVinll be impaired or hurt, on pain .of forfeiting twelve ^^nee for any fuch Gaih, or Cu: in any Hide or Skin. Mor lliaii any perfoti or pcrfons hencefofih, Bargain, Buy, make any ooly T^-viers' Contrauyraur Hair, but only fuA pcrfons as have and do ufe and cxercifc the Art of Tanning. 2. "Mor fliall any perfon or perfons, ufmg or which fhal! ufc the Myftcry Lcai^ifrnotto or facility of Tanning at any time or times hereafter, otfrr to put to falc j'^f^^^en^fy °' any kinde of Leathci", which flull be inrufficicndy or not throughly Tan- Xaonei lied, or v/hich hath been over limed, or burnt in tbc.limes, or which fhall nor have been after the Tanning thereof, well gTid througlily 3rye3, -upoa pain of forfeiting that whole Hide, half Hide, or other piece of Leather, . wherein one fixttenlh part fhalj be found by the Searcher Cr Sealer of ^^'^ J' Leather (lawfullv appointed) to be either over-limed or infuffjeienfly Tan- ned, or not throughly dried ac afore faid. Not fhall any perfon ufmg the Myftery of Fanning as aforefaid, fet any of their Fats in Tan hills, or other places where the Woozes or Lea- ther put to Tanne in the fame, fhall or may take any unkinde heats, nor fhall put any Leather into any hot or warm Woozes whatfoever, on pain of tweKlj founds for. every fuch ofTciice. 5. "Nor fhall any perfon or perfons, ufmg or occupying tfie Myfiery cottier* dnt^ or faculty of Curryiog, Curry any liindc of Leather, except it be well and tliroughiy Tanned; nor fhall Curry any Hide toeing not throughly dried aft^er his wet feafon, in which wet feafon, he fhall not ufe any ftale, urine, or any other deceitful or fubtilc mixture, things way or means, to corrupt or huit the fame; nor (hall Curry any Leather meet foe outer foie Leather with any other then' good hard Tallow, nor with any kfs of that then the Leather will receive; nor fhall Curry any kinde of Leather meet for upper Leather and inwqrd Soles, but wiLh good and fuf- ficient (lufFe, being firefh, and not fait, aiid throughly liquored, till it will receive no more; nor fhall burn or fcald any Hide or Leather in the Cur- rying, but fhsll work the fame fufficiently in all points and refpetfts, on pain of forfeiture for every fuch offence, or aCi done contrary to the true meaning of this Order, the full value of every fuch Hide marred by his evil pgtialtf. Workmanfhipor Handling, which fhallbe judged by two or more fuffioient andhoneftck'lful perfons, Curaer« or otherc on their Oath given to them for thatend,liy any Magiftrate. V-.And every Town where need is or fhall be, (hall cKufe one or two ^^I'loitl^^'n pcpfoiw of the moft honjcft and ekilful within their feveral Town fhipr,and prefent them unto the County Court, or one Magiftrate, who fnail ap- point and fwcar the faid pterfone, by their difcretion, to make fearch and, vicwwifh'h the prccinfts of their J-rnits, in any Houfe, Shop or Ware-, yx. ji-P- «• Ikouf'?, -where they conceive fuch Leather may be, whether wrought into £«oos. Boots, or otherwife, as dfc as they fhall think meet and need rt-.all be, who fh.flll have a Mark or Seal prepared by each Town for that pur- po/e; and the faid Searchers, or one of them fhcll keep the fame, nrid the/ewith fhall Seal fuch Leather as (hoy fhall finde fufficientinallterpcds at>d no other. And if the faid Scirchere, or any oi them, fhall finde cny Lealhec "told^r offered to be fold, brought or offered to befiearehed or Sealed, which ^. ■ U fhall 90 Lihen'm. Toftirc Ml dc ^^11 be Tanned, Wrought, Converted or Ufcd contrary to the true intent ftfl'ivQ Ltaiher. and meaning of this Ordet-: It fliall iTe lawful for the faid Searchers or any of them to feizc all fuch Leather and to retain the fsme in their cuftody, and if the owneir fhall not fubmit to the Judgement of the Officer or Oflrcers, the faid Offi- cer fo i'ezing the fame, (hail within three dayes, call to him four or fix men, honeft and ekilful in fuch ware to view the fame in the prefcnce of the party ( or without him having notice thereof) who ftiail certifie upon their Oaths unto the nest County Court of that Shire, or unto one ot the Magifl rates the defed^ of the laid Leather. starchMf^ica- The like power (hall the faid Searchers have, to featch all Leather i(,ir niUe into wrought into Shoos or Boots, as alfo to fcize all fuch as ihey finde to be ^hoo8 00 0. j^gjg ^f infufficient Leather, or nor well and fufficicntly wrought up : ^oarchcra dc- Ahd if any Searcher or Scaler of Leather, fliall rcfufe with convenient '^^'■''^ fpecd, to feal any Leather fui?icicntly Tanned, Wrought and llfed acecr- ding to the true meaning of this Order, or fliall Seal that which fhall "be infufficient, then every fuch Searcher and Sealer of Leather, fhall forfeit for every fuch offence, the full value of fo much as fhall T?e infuffici- ently Tanned. And the Fees for Searching and Sealing of Leather, fhall be one pcfiny a Tees% Hide -for any parcel lefs then /re, and for all other parcels, after the rate of px fence a "Dickfify v/hich the Tanner Ihall pay upon the \Sealing of the faid Leather from time to time. S- Laftly, It is Ordered by the Authority aforefaid, That the feveral fines ana forfeitures in this Order mentioned, fhall be equally dividea into three parte and distributed, as, r/t- one third part (o the commwi Trea- fury of the Shire wherein the offence is committed, another third, part to" the common Treafury of the Town fhip where the ofScndcr inhahiteth, and the other third part to the Scizer or Seizers of fuch Leather, Shoos, or Boots as is infufficiently Tanned, Curried, or Wrought from time to time. [_!642., j!."^ VaxbWy Liberties Canmcri. Libffiy 3i pub- TT is Ordered, by this Court Decreed and DcclareJ; That every man lic^Afltmbliai 1 •whether Inhabitant or Forrcigncr, free or not free, thai! have liberty to come to any publick Court, Council or Town meeting, and cither by fpceeh or writing, to move any lawful, feafonable cr material Qucftion^ or to prefent any nccetTary Motion, Complaint, Petition, Bill or hjforata- tion, •whereof that Meeting hath proper cognizance, fo it be done m con- wenient time, due Order and refpeiflive Manner. [ i64f>'] 2 Every Inhabitant who is an Houfe holder, fhall have free Fifnlng ^'Xi" ^^'^ Fowling in any grwt F^snds, Bsyes, Coves and Rivers, fo far as the Sea, Lyin^. 91 Sea Ebbes and Flows 'vithin rhe precm(f>s of the Town where they 3'vel), unlefs the Freemen of the fame Town or the General Court have other- wife appropriated them; Provided, that no Town fliall appropriate to any particular perfon or perfons, any great Pond, containing more then ten Acres of Land, and thar no man fhall come upon anolhers propriety Without their leave, ctherwife then as hereafter exprefled. Tht Vfhich clearly to determine { U is Declared, That in all Creeks, Coves and other places about and upon Salt water, where the Sea Ebbs and Flows, the Proprietor, or the Land adjoyning, fhall have Propriety fo the Low-water marlf, wliere the Sc2 doth not Ebbe above a hundred Rt^dt, and not more whc-refoevcr it Ebbs further, Provided that fuch Proprietor, (hall not by this liberty have power to ■ftop or hinder the pafTage of Boats or other Veffels, in or through any Sea, Creeks or Coves, to other mens Houfes or Lands. And for great Ponds lying in Common, though within the Bounds of vhi-'y '» vi^t fome Town, it fhall be free for any man to fifh and fowie there, and mav |^'i7^J,&fow'i pafs and repafs on foot through any mans propriety for that ond, fo they trefpafs not upon any mans Corn or Meadov/. [ 1641,4/ 3 3. Every man of, or wnhin this Jurifdidion, fliall have free liberty '■''=" 'i;jf„p^ (notwithftanding any Civil Power) to remove both himfelf and hisFami- jurrrrA'cn ly, at their plcafure out of the fame. Provided there be no legal impe- diment to the conttary. {^1641.'} ihe L r 1 N a. WHereas Truth in Wcrds, as well as In yfOicr.s is required of dhneti^ efpeeiaBy of Chrijiia»s, who are ihe prcfefed Servants of ihe Cod vf "fruth; ./ind whereas all Lyin£ is contrary to Truth, and fame fmt of Lies are not ofi'\j finful (as all Lyes are) but alfo {ernicious to the ^ukliik^lveaJy and injunvi4S to particular prfons j It is therefore Ordered by this Court and Authority thereof. That ^j^^rjift:.*. every perfon of the age, of difcrction ( which is accounted fourteen liom^j"'- years) who fluli wittingly and willingly make, or publifli any Lye, which may be pernicious to the Publick Weal, or tending to the damage or in- jury of any particular perfon, or with intent to deceive and abufc the Peoplt^ with falfc Kcws and Report?, and the fame duely proved in any Court, or before any one Magiftrate (who hath hereby power granted to ?i car and determine all offences ag?:nfl: this Law) fuch p;:rfon (hall be p,iien«To,si fined for the fir/t offence tf« frillinss, or if the party be unable to pay t"he orftocl. fame, then to be fet in the Stocks, fo long as the faid Court or Magi- ftrate fliall appoint in fome open place, r.ot exceeding two hours. For the fcconJ otTcncc in that kinde, whereof any (hall be legally con- ^,^^^3 ,,«..nci viOcd, fhall pay the fum of twmty Jliil/ir.^r or be whipped upon the naked jcjci wh'pi Body, not exceeding ten Jlri^ei. U i Ani yi tji^an-faufhter. Third offence A"^ for the third oKenct fortji pjillines, or if the party be unable to pay, then to be whipped witli more Hripes, not exceeding [\ftteyt. Foutth offence ^^j jf ^gj j^^y ^^„ ^jp^^^ .^^ j.j.^ j.j^^^^ ^^^^ ^^^ ^^g^„y j.^n^,i£^pj thereof, fVich perfon Male or Female, fhall be fined Un pMllings a nine more then formerly, or if the party fo cflending be unable to pay, t>>cn to be whipt with five or fix niorc firipes then formerly, not exceeding forij at any time. The aforefaid fines fhali be leavied, or ftripes infli(ned either by the ' Marfhal of that Jurifdidion, or Condable of the Town wlicrc the offence / is committed, according as ihe Court o\ Magiftrate fhall clircO. And fucli fines fo leavied fhall be paid to the Treafury of the Shire where the caiife is tryed. Liberty lo Ap- ^nd if any pcrfon fhall findc himfelf grieved v/ith the Sentence of any ^ fuch Magiftrate out of Courf, he may Appeal to the next Court of ths ifcaofeiers ^o^mz Shirc, giving fufficient fecurily to profecute his Appeal, and abide doabii-Tinca the Order of the Court, and if the faid Court fhall judge his Appeal caufe- !cfs, he fliall be double fined, and pay the charg,es of tlic Court during bis A of parts he fo flands for, and the ma- jority of parts are to carry it as before; neverthefei's" it is to be-uoder- ftood, that any Owner hath power to make fale of his part, either to the reft of the Owners, or others, as may be moft to bis own advantage, and jf any Mafler fhall prefume to ad contrary hereunto^ what d.-^mage /hall be fullained by the reft of the Owners^ the MaAct feall be liable to malic good; it being duely proved againil hm SECT. IV, All Mafters taking charge, as Mafters of Ships or other VeflTrlSj anol not being fuflicicnt to difchargc his place, or that through ncgHgenee, Prisiij of M). Of othetwifc, fhail iinbezcl the Owners or Imployers Stock, or rime, or a-.rssnJMjrn. ^^ ^ f\^^][ Cjjy^^j. [,13 ,^-,ff, j^ neg!cv.(h ti jj^g leveial mens hands thereto, a copy whereof the Mailer as a Porthgc Bill fhfl'l leave with their Owners if required of them, before their fetting faile upon the Voygg:, and all fuoh agreements, the Mafter fh.-ll make goort to the Seamen, and luch Ship or Veflel as they failc m, flial! be bable for to vnake good the fame. Manii/ne t^fairei. 55 SECT. VI. All Mafleis of greater or .'eflev VelTels, fliall make due ancl meet pro mj'"'"**'^*'"' vjOons of Vi(flua!s and Drink for their Seamen, or Paflengers, accoiding &, to the laudable cuftome of our EngHfh Nation, as the Cudome ah* *' receiving advice from his imployers, that the alteration of the Voyage in'c?fr "'^**" when they are abroad, may be much for their fecurity and advantage, by going to fome other port, ihcMaftcr feeing meetto ciofe with tJiat advice, the u^a,To^^l Marnners flial! not hinder his proceed, unlcfs where any of the Sea men 6°°'^ fball have nude a particular contraft with the Mafter to the Contrary, ^ ^ Provided p5 Alaritime Jjfaires. Provided that they be not carried to ftay cut r.bovc one year, nor be car- ried to any place where they may be liable to be prcllcd into a fcrvice they are net willirg unto. SECT. X. Miners t^o ray Maftcrs (hall fee that their Officers and Marriners be duely paid tficrt wl'g'rccmcnt/" Wages according to agreement made with them, upon the linifliing of their Voyage, without delay or trouble, upon penalty of paying dama- ges for ncglcd, and all cofts that the Sea men Ihall be at lor rtcovcring the fame. SECT. XI. Whereas wiany tmes Makers taks ^^ Merchants Ccods en loard their i>hip or Vcifcii n^(-" fyai^ht, when yet they are not meetly jitted with fuiii'.ble Tackl'ini c^nd Sea-men for the fecurity of fuch Ship or yejjelsy and Goods • Mjft(t5,ships & It is Ordered, That in cafe any Mafter of Ship or VcfTcI, after he -Seamen '^ ''" hath LadcH upon his Ship or VefTel any Merchants Goods to be tranf- d"mni«tdby poitcd, ftiall ior Want ot fvfficient ground tackle ( if to be had) or be- w/r't'o7 Ground ca^fc of Want of fiifF.cient men being on board, come a fhore to the da- tade mage of fuch Merchants or Fiaighters in their Goods, the Ship (hall be liable to make good fuch damages; and in cafe the defcd\ appear to be in the Mafter and Men both, or either, the Owners (hall recover, fuch da- mage from them. SECT. XII. Where any Ship-Mafter hath Morcd his Ship or VelTel, none other Usnifoe LpcQ fhall come fo near to him firft Morcd as to do him damage, or receive ''°'"^i n^'f" damage by him, upon the penalty of him fo comeing, to make good all (i.ips ou ^^^ damage, and to be farther punifhcd if wilfulnels or pervcrlcnefs in ihc acftion be proved againft him. s£cr Maritime Affaires. P7 SECT. XII r. In cafe any Mafter of Ship or Veffcl Under fiile, fhall run en board Maftfrt J^unning any other Ship or VefTel at an Anchor, and damnific hini, the party of. «,%" AnJiJif^ fending fhall pay the damage; and fuch Ship or VefTel as he failes m **'• fhall be liable to arrcft for -the making good the damage, the damage to be judged by indifferent men, appointed by the Judges thereof, unleft the parties agree among thcmfelves SECT. XIV. In eafe of lofs of Goods by reafon of throwitig fome over board to cafe the VefTel to fave the reft, the Goods thrown over boerd, fhaU not Gcoasii,, be done witbout the Mafter and major part of the companies conient, or v*rboara.„ ,..- at leafV of the Officers with the Mafter, which Goods fhall be brought %tnl.'!^x^'il into an Avarage, and the whole lois to be born by Ship, and Goods, and '"=<'' jond by en Wages in proportion that are faved , The like courfc fhall be for cutting ■'*""**^ orNTafts, and lofs thereof, or "Boats, Cables or Anchors, as alfo of Ri^'gin and failes, for the fafety of the whole, the Merchants Goods are to bear a part of the lofs. .jrOwno- or vfrboard hy rrh loire SECT. XV. In cafe a Sfiip or VefTel, at fetting forth proves deficient, and gives over tf^e Voyage, the Charges the Merchant hath fuftained in Shipping pairsj' u> .i» ^ and Landing his Goods, fhall be ~born by the Mafter and Owners of fuch JJ""^"" Veffd, that prefumes to tal<.e Goods into an infufficient Bottom. SECT. XVI. Any Ship or VcRel at Sea, receiving damage by the Mafters or Mar- rincrs negligence, yet bringeth the Merchants Goods home, anddelivereth them aecoVdmg to Bills of Lading, he fhall receive his frafght, but if fHe ^artagi^lsrt Goods be damnified, the Mafter or Marrmers fhall make good the da- mage. ^rcf. 98 Marhime ty^ffalres. SECT. XVII. S,y !o*l^' ^^ ^"y ^^'P °"^ ^'''^''^ '" ^<^™' ^^" break loofc and fall upon another, and do her damage for want of ground tackle, ilie Sliip breaking loofe fhall make gcod the damage; but if it appear the Mailer, or Marrinery, cr both, are negligent of frcfliing their Hcafc, or clearing their Cables, they (hall pay the damage for fuch neglecfl. SECT. XVII], All Marrincrs being fhipt upon a Vovage, and in pay, they fhall "rholTw "' fJue'y 3^tend the fervice of the Mafters Shi'p or VcfTel for the Voyage, and not abfent themfelves day or night without leave from ihe Mafter, upon forfeit for every offence fivs l[lnUingSi rine/s unruJincfs SECT. XIX. No Oflnccrs or Martinets fhall be diforderly or unruly, to occafion Officers or- mat- difturbance in the Ship or other VcfTel he is (hipped upon, to hinder or " '""" ""'" "" " damnific the Voyage, to be proved by the Mafter or other Marrincrs, or both, upon penalty of paying the damage if able, and in cafe of inability to pay, to fufFer Corporal puni(hmcnt, as the nature of tlie offence may appear to the Judges, and in cafe Mafter or Marrincrs- flwll -conceal the oftcnces of fuch, and refufc to give in evidences therein, they fhall be a- Tnctced or imprifoncd, as the Judges (hall fee meet. SECT. XX. If any'fliall undertake the charge of Pilot, Doatfwaln, Gunner, ^notjtit rilots (jy jj^y other Oftice, in Ship or. other Vcftci, and not be able to dif- charge the duty of the place, fuch fhall lofc their Wages in part or in whole, and be further punilhcd for their prefumption, as the Judges (hall fee meet. Sea Maritime tylfaires. 99 SECT. XXI. All Marriners (hall keep tmeWarcbatSeaor in Harbour, astlicMafter wiuhtobf ftiall appoint, upon pain ot forfeit of tndvc pence for every default, to be ^f de/aJkcd out of their wages. SECT. XXII. Any Marrincr that hath entrcd upon a Voyage, and fhall depart and leave the Voyage, (hall forfeit all his wages, one half to the poor, the other half to the Mailer and Owners, and be further punifhcd by Im- frifonmcntorotherwife as the cafe may be circumftanced, to be judged by the Magiftrate or Magiflrates they are complained to, except fuch Sea man fhall (hew juft caufc for his fo leaving the Voyage, and fliall pro- cvire an Qrdex therefore from Authority. M»rr'ne<"!,,'"' ^'" penalty o{t\vcn{ypcai>jds. exeepttVy can (hew JuH caufe to the contrary to the next County Court, or Court of AffiAanta, after they are Summoned hy the ' Z Conftable *^ A 1 it?r^T> VI 1 A loz Mar^aU Conflable there to appear, wl^ are hereby required fo to do, upon paia conft. topi-efnii of twenty pillmgi for every (bob default wittingly made: uci>. to coiiri Provided this Order do not ejftend to fueh as are come over.to make way for their families, or are ih a tranfient way, only for Traffick or.Mer- chandize for fomc fmall time. [^ }^47.'S J. tyis ihe Ordiriattce of Marriage is honiurabk amongjlr all, Io^jouU ti he aecordjn^ly fokmnicedy It is therefore Ordered by this Court and Authority thereof j That no who irJor Ihall any joyn thcmfelves in Marriage, but before fome Nagifttate or perfori Authorized as aforefaid. Nor fhall any Magiftrate or other pcrfon Authorized as aforcfaid,joyne Notofforc pi.b- any perfons together in Marriage, or fuffer them to joyne togetlier in Marriage in their prefeoee, before the parties to be Married have been publifhed according to Law. f I64^»2 1^ Anfwer.to the Queftioni T^hether it be lawful for a. Man that hath buried hii frji Wtfe^ to Marry mth her that xvas his frjt Wtves m/ltural St/leri The Court refolves it on the I^egative, Q f^7p^} itit'ion MARSHAL. IT \& Ordered by this Court and Authority thereof; That every Marfhal j^-, fh^" diligeritly and faiQifuliy Colledl and Leavy all fuch fines andfums j^. of Money,' of every perfon for which he fhall have Warrant from there- M-ornialioifa/y fpedivc Trcafiu-crs, or other' Authority, which he fhall return to the faid alt Fines Treafurer vi^ith all convenient fpeed, upon penalty of forfeiting two Jhil^ lin^s out of his own Eftate, for every Pound not Colledted or Returned as aforefaicL, or fuch fine ae ^any Court fhall impofe upon him for hie negkif hii Clerk fhall at the rt-que.'t of the party, grant Execulion for the remmnder : And every Morfhal negieifling to make return of ExecutiooK as afore- faid, fhall forfeit double to the damage any pcrfon concerned therein rr:ay fuRain by fuch negleft. 3. further the fold Marfhals fliall with like care and faithfulncfs, L.i.p.jO. ferve all Attachmenls dire(ried to them, and retnrn the fame to the Mrb-fhsi tio» ta Courts to which they arc returnable at the times of the returns thereof, Wcnct*^ and henceforth no Marfhal fhall be Clerk or Recorder of any Court. 4. And it is. hereby Ordered, That the Marfhals Fees fhall be twelve fence m the found, to be paid by the refpective Treafurers, for. ail fines L.3.V-7- leavied by the faid Marfhals, and returned to the fatd Treafurers, and for ferving Attach-Tisnts within one mile one Jhillhi^ three pence, to be paid '*'"'*'''^^"' by the parly that imploys them; and for ferving Executions twihe pence in the pound, for all fums not exceeding ten pounds, aTi3 for all fume a'bove len poinds nnd net exceeding /(Tr/)' founds, fxpertce in the fetciid mere, and for all ft'n^.s above /orly pounJs, and not cxceeding^ one Imtidred founds^ threepence i.t the pc/na more, and one fenny in the found more for- all futns above one hittdrcd pounds, out of the Eftate of tlie perfon the Execution is fcrvcd upon, over and above for the execution. And in ail cafes, where the aforefaid Fees for Leavying Executions or TJr.es, "Will not anfwcr the Marfhals travail, atid other nccdffajy charges^ the Marfhal or other Officer imployed, fhall have power to demand fix fence per mile, and upon refufal, to Leavy the fame together with his other Pees. 5. And it is Ordered, That all Marfhals and Conflables within this Jurifdi(fiion, fhall henceforth from time to time, allow and pay unto the ■^■Sih^'^ Marflial General ihree pence out of every fifteen fenee they receive for ferving Attachments, alfo threepence out of every jhi{!ing due to t>iem,for T^^ca vying of Fine; and Executions. And it is further Ordered, That the faid Marfhal General, fhall from Marfhii Genwst time to time have, and enjoy to his own ufe and "benefit, the Cudome of ' ''*" Ivi/openee per quart upon all fucli as do, or fhall Retail ftrong waters, and all ill ch as fl)all fell under one Gallon at a time, fhall be accounted Re- tailers, whetlici L'cenfed or not, and the one half of the f\ns o( fvt founds of all fuch perfons as fhall upon his information or complainl be convicted to have fold ftrong waters without Lieenfe ^ as alfo the fole benefit of \\]e ImpoR of all ftrong waters brought into the Country, which th'KS Court doth allow as a meet Ineoura^ement and Sallary for the fervlce of the faid MaiThal General. 6. nh^re^s the Afurfhals and their f)eputies have often need of Ajji- T,_i,p, to. fi/ints in the execution cf their Office, It is Ordered that they and every of them, have and fhiii mij r« fame pow.er to enjoyne en^ charge any perlon to aid Ihem and adift them S""!*.','*. " ^' therein as every Conftabie hath, and whofoevcr fhall refufe, or not yield ''" ' " '^ Ohedien.'c thereto, fhali incur the like penalty that thofe do orfhould do, that Refufe to aid the Conftablc in his Office. 7. And .upon cafes of Pinca and AlTefsments to be Leavied, andunon L.i.p. ifj; Z z I>;ecution6 104. M'afterSy 'SnvanU^ Labourer!. officer ma ExccutioH iti civil Aftions, ttic Maifhal or other Officer (htW demand the brf3Ho?<"Qoo" farne of the party at his hciifc or place of iifua' abode, and upon refufal nc chtfft ^ - l__ iT II t ... /—-It: -iT*. /1_— 1ft /•_ . _.rt_\ i_ or non-paiment, he fhall have power (calling alfiftancc if he fee caufc) to break open the door of any Houfe, Chcfl^, 01' place where he fliail have notice, that any Goods liable to fuch Leavic or Execution fhall be, and if he be to take the perfon^ he may do the like, if upon demand he fhail refufe to render himfelf. NfCfT^iry mar- g. And what cvct chargcs ihc OfTicer fhall neceflarily be put unti?, gcstobcicavi y^Q^ 3„y fy^j., oecafion, he fhall have power to leavie the fame as he doth the Debt, Fine or Execution, and where the Officer fhall Icavie any fuch Goods upon Execution, as cannot be conveyed to the place where the party dwells, for whoin fudi Execution fhall be leavied without confide- rabie charge , he iliail leavic the faid charge alfo with ihc Execution. The like Older fball be obfervcd iri kavying of fnfs, Provided, it (hall Gcod'Mcmpt j^oj. \,Q lawful for fuch Officer to leavie any mans neeeflbry Bedding, Ap- frcm ExecLiion ^^j.^j^ Tools, or ArTOs^ neither Implements of Houfe bo)d, which are fot the ncccifary upholding of his life, but in fuch cafes, he fhall leavie hjs land or pcrl'on accordmg to Law, and in no cafe' fhall the Officer be put to feek ovu any mans eftate further then his place of .abode, "but if the party will not difcovcr his Goods or Lancis, the OfSccr may take his pcrfon; 9. And it is Ordered, That if any Officer fiiall do injury to any by ^no'ltonl^ke colour of his Office, in thefe or any other cafes, he fhall be liable upon fjtisf-oioa complaint of the party wronged, by Aftion or information, to make full teflitution. [,i^47-2 ScrvjnK "Pl fo give or ctucW Map en J ServanUy Labourer!^ IT is Ordered by this Court and the Authority thereof, That no fervant cither Man or Maid, fhall cither give, fell or truck any Commodity whalfccver without Licenfe from their Mafters, during the time of their fervice, under pain of fine, or corporal punifhmcnc, a: the difcictionofthe Court as the offence (ball defcrvc. wcnk the whole 2, And that all Workmen, (hali work the whole day, allowing con- ^"'i vcnient time for food and tell 3 It is alfo Ordered, That when aiiy Servants fhall run from their «ef«n»s run a- Maftcrs, Or any other inhabttants fhall pnvily go away with fufpition oi woytobe puf. gyji intentions, it fhall be lawful for the n£xt Magiftracc or theConftabie " and two of the chief Inhabitants where no Magiftrate is, toprefs Men and Boats or Pinciacse at the publick charge, to purfue fuch perfons by Sea and Land, and bring them back by force of Arms. 4. It is alfo Otdered by the Authority aforefaid; That the Ftccnien of MaJierSf ^ervontjj Lahcunn, 105 of every Town, may from time ro time bs occafion fliall require, agree a- ^^gfj.obe rn niongn: themfelves about the prizes and rates of alt workinens labour, and t^t'ie Frje^tn fervanrs wages. And every perfon inhabiting in any Town, whet}ier- ""' '"'*"* Workmen, Labourer or Servant, (hall be bound to the fame Rate*, which the (aid Freemen, or the greater part fhall binde themfdves unto, and whofoevcr fhall exceed thofe Rates fo agreed, (hall be punifhed by the difcretion of the Gjurt of that Shire, according to the quaHty and meafure of the offence ^ And if any Town fhall have any caufc of com- plaint again/t the Freemen of any other Town, for allowing greater Rates or wagtfs then themfelvc';, the County Court of that Shire ftiall from time 10 time, fet oidei' therein. 5 ^nd for fervants and rvorkmem vca^es ; It is Ordered, That they may be paid in Corn, to be valued by two indifferent Freemen choren, the one by the Mafter the other by the Scr- ^id!o c°<.r«' vant or Workman, who alfo are to have rcfpeift to the value of the work or fervice, and if they cannot agree, then a third nan fhall be chofcn by tobevjiuea the next Magiftrate, or if no Magiftrate be in the Town, then by the next Conftable, unlefs the parties agree the price themfelves ^ Provided, if any Servant or Workmen agree for any particular payment, then to be paid in fpeeie, or confidcration for default thereii! , And for ail other payments in Corn, if the parties cannot agree, they fhall choofe two irJdiffcreni men, and if tliey cannot agree, then a third as before. 6. It is Ordered, and by this Court Declared; That if any Servant strvjr.t. Hymj Jliall flee from the Tyrany and Cruelty of his or her MafVer, to the Houfe ^%"i!^h,',b^°fd of any Freeman of the fame Town, they (hall be there protcOed and fuftaincd till due order be taken for their Rdief ^ Provided due notice thereof be fpeedily given to their Mafter from whom they fled, and to the next Magiftrate or Conftable where the patty f6 fled is Harboured. 7. Alfo that no Servant (hall be put off for above a year to any other, 5„v,ni'nnrrM neither in the life time of their Mafter, nor after their death by their Exe- o(r><-iiV'^<'Ui'o- cutors or Adminiftrators, unlefs it be by ccnfent of Authority aflcmbledin ^="" '^" = ""S- fome Court, or two Afiiftants, or otherwife ali, and every fuch Affigre- ment to be void in Law. 8. And if any man Dnite out the Eye or Tooth of his Man-fervant s,,^,„u.r„^,A, or Maid-fcrvant, or otherwife main: or much disfigure them (unlefs it be lobcdirchirgtd by mcer cafualty ) he fhall let them go free from his fervice, and fhall allow fuch further Recompence as the Court fliall adjudge him. 9. And all fervants that have ferv'ed diligently and faithfully, to the F,ii»,f.ircr»ji.r. benefit of their Matters, Seven years, fhall not be fent away empty j And '«•«<<" if any have been unfaithful, negligent or unprofitable in their fervice, not- ^^f,\\\t>x\ <..«.- withftanding the good ufage of their Mafters, they (hall not be difmiffed, "•"* till they have made fatisfaftion ace ordmg to the judgement of Authority. hi Malu io6 Malt. Mills. MALT. A gT is Ordered, That no Maliler or maker of MaJt, fball henceforth dc- M.ji-iaz. Ijjygj. ^^ pjfg ^^yJ^y guy j^^^i^ jjy |,jjj, ^jy j^jg pfocurement made before it be cieanfed from the duft and taile, ^vhich.arifeth in the Malting, drying and ordering it iii his hands, on penalty of %xte\ve fence per Bujhely upon NuittobecUit) convi(fiion before any Magifttate or Couit, the one half to the Informer, ftdfrom daft ^}^g q^\^q,. hgif jq ^hc Country. Tfcii Cmrt taking into firms conjideratkn the £reat necejfity of up- c^' ^J- holding the Jla^le Cmvmcdims of this Ccuntry, for the fufply and fupfort of the Inhabitanti thereof and finding by experience the bringing in of Malty Wheat, Barly, Bisht, 'Beefy Meal and Flower^ (vphich are the principal Commodities of this Country) from forreign parts, to bs exceeding pvejitdi' cial to the fubjifiance cf this ^lace and people here; NoM3tt,wheit, Have therefore Ordered; That no perfon whatfoever, either Inhabi- Bisket.Beffto"' ' tant or Stranger, fbal! drrcdly or indiredly after the firft of March next, pen^/hj oV Ton- import into this JurifdiSion from any part of Europe, any of the afore- fifcaiioi) faicl Provifions, under the penalty of Confiscation of the fame ( except it be for the Ships provifions) that (hall be fo imported, landed, fct to fails or otheiwife difpofed, contrary to the intent ef this Order. M3rili3ior Con. And it is further Ordered and Enaded, Tkit all Marfhals- and Con- ftab'ieiofeiieit. ftablcs whcrc no Maflial is in the feveral Towns in this Jurifdii"tion, are hereby required and impowred to mnke diligent fearch, v/ithin their re- fpe'">'"'" SouIJicrs rn Mifitary Difcipline, according to his bcfl skill and ability ; for which fervice he fhall have twenty founds allowed him out of ihe Trcafury of ths Country for his pains and charges, for every fuch Meet- ing: Alfo every Serjeant Major, may as often as he fhall fee caufe fend his Warrants to require the chief Otficer of each Company in his Regi- ment, to meet at fuch time and place as he fliall appoint, and there with Wfft'n^of ite them to confer, and give m command fjch Orders ss fhall by them be i.osiwnt ' "^ judc^d meet for the better Ordering and Setting the particular Companies in Military Exercifes; and to jmpofe finea and penalties upon fuch De. Imquents as have not given fatisfadtion to their Captain or chief Officer, for ail dieisOis either in their Arms, Amunition, Appearances, Watches, Oifcncee, &c. And the Serjeant Major fliall with the confent of the faid Officers, ftve Order to the Clerks of the feveral Companies, to toke diflrcfs for the fame wichm one Moncth after fueh Order. A a 2 5. v^nd! io5 . Military. 3. ey^nd for the fettlm£ parUcular Military Officers in evefy town of this fufi{di5!on; H !S Ordered, that every rreeman, Houfe holder and lifted Souldier^ oZlTli"clL J^avirg taken the Oath of Fidelity as abovefaid, (and no other; fhallhave pin'« liberty to give l,is Vote for the Nomination of Military Officers of that Town To be 2iiopcd or Company where he dwells; Provided they be Freemen, andallperfons col'lis'^'""^ fo Nominated fhall be prefentcd to the Court of that County, to be allo- wed and confirmed in their refpeftive Offices, unlefs the faid Court fhall fee caufe to the contrary ; and no pcrfcn fhall be acknowledged or ac- cepted as an Officer of any Company without the allowance and appro- bation of the County Court fiift had and obtained. -^■SS-t-'S- 4- ■fti'd in every Town v/herc there is fxty four Souldiers (liable ta attend conflant Training ) befides the Officers, fuch number of Souldiers be ,f cotvp'!viy^° ^^" ^^ accounted a Foot Company, and have liberty of Nomination of all the Officers of a Foot Company, and fhall have two Drums. And in fmallcr Towns, where there fhall be a lefs number then Jixty, four as aforefaid, they fhall have liberty of Nomination of Serjeants, and other inferiour Officers only, to teach and inftruQ them in the exercife of Arms. And the Major of the Regiment fhall have power to Order and Regu- late the fmaller Towns, and to joyn them into one compieat Company, (as occafion may require) which fhall have liberty of choice of all Offi- cers as aforefaid. And every Captain, Lieutenant and Enfign, fhall have J^'bave'commir. CommifTion from the General Court, for the holding of their places, and exercife of their duties. 5. The faid Military Officers of every Company, fliall take care that their Souldiers be well and compleatly Armed, ana (hall appoint what fti'ifsouufTtms ^'■"^^ ^^^'^y Souldier fhall ferve with 5 Provided two thirds of each Com- pany be Mtjfquetiets, and thofe which feive with Pikes, have Corflets To exercife 5 and Headpeices: And they ihall exercife their Souldiers Six dayes every ddjcsyeafJy ypar^ vvhen the Captain or chief Officer fhall appoint, by giving publick- warning thereof, three or four dayps before the day of Exercife j Pro- vided, that fo many dayes as (hall be expended by Order of the Major of the Regiment, in the Exercife of the Regiment, and in marching to and from the place of Exercife, (hall be accounted as j?art of their fix dayes. 6. A I To the three chief Officers of each Company, fhall have power to punifh fuch Souldiers, as fhall commit any difordcr or contempt upon schicf offic to any day or time of Military Exercife, or upon any Watch or Ward, by punifh diforders Stocks, Bilbocs, Or any other ufual Military punifhment, or by fine, not of Sou diets exceeding twenty jhidings , or may commit fuch Offender to the Con- fVable, to be carried before fome Magiflrate, who m.ay binde him over to' the next Court of that Shire, if the caufe fo require, or commit him to Frifon 7. Every Foot Souldier fhall be compleatly Artncd and FjfnJffeed, the Pike man with a good Pike well headed, Corflct, Fiead-peice, Sword lobi^tmci'^ ^"'^ Snapfack ; the Mufquetiers with a good fixed Mufquet, not upder Baftard Mufquet Bore, nor under three foot nine inches in length, nosr a- bovc four foot three inches long, with a Priming wire, Worm, Scourer, and Mould, fitted to the Bore of his Mufquet, alfo with a good Sword, Rcff, Milttayy. lop Refl, Bandelier?, one pound of Powder, tv/emy BuJIet^j and two fathom Sf'.'iliom of Mateli, upon the penalty of ten JhiHing! tor every dckO.., And all o- tcVe-^r-Dfi fhcr Inhabitants of this Junfdiclion, except Magiflrates and Elders of oirfoi of-'-r Cliurches, the Prefident, Fellows and Students of Harvard ColUd^e, fhall ^^^^i^^ j^^^^ aiwayes be provided of Arms, and furnifned aj aforefaid, under fhe penal- bii^nU tv aforefaid. ?. And if any perfon cannot procnre Arnns or Amunltion, with fuch ^yj,,j„. ^^^^,5, means as he hath, if he /hall bring to the Clerk, h much Corn-a;: by ap- iccx't r^J'.*/ prizeinent of the faid Clerk and two other indifferent men (whereof one ckrkicpro'''" to "be chofenbythe party) fhali be adjudged of greater value by a fiffh part then fuch Arms or Amunition is of, he fhall Toe excufed of the pe- rally for want of Arms until he be provided;, And the Clerk fhail en- deavour to furnifh him fo fooh as may be by fale of fueh Goodsfodifpo- fited, rendringthe party the overplus. But if any perfon fhall not be able to provide himfelf Arms and Amtr- poorhow to t>a nition, through meer poverty, if he be f'ngle, he fhiall be put to fervice '^'^^^^ *'"' by fome Magiftrate, or the Conftable fhall provide him Arms and Amu- nJtion, and fhall appoint him when and with whom to eain it out. p. Every perfon above the age of fixteen years, fhall duely attend all Military Exercife and Service, as Training, Watching, Warding, un- yl.s^ f'J- dcr The penalty of jive /hi/im^s for every fault, except Magiftratc5, Depu- p^^^^^, rxcmot tieb' and O/Ficers of Couit, Elders stnd Ceacons, the Prefident, Fellow-'s, fror.TrBuiidg Studsitts and Otficcrs of Harvard Colled^e^ and profeiTed Sehoolmafters, Phyfitiuis and Chyrurgeons allowed by two Magiflrates, Treafurers, Snr- vcyor Genera), Publiek Notary^ Makers of ghips atid other Vetfels above twenty Tuns, Fifhermen conflrtntly imployed at all fifhing feafons, con- ftant Herdfmen and fuch other as for bodily infirmity or other juft caufe, fhall by any County Court, or Court of Affiftants ( after notice of the j . -^ parties defire to the chief Officer of the Company to which be. belongs) ^^ '^' '' be difchargedj alfo one fervant of every Magiftraie and Teaching Elder, and the 5ons and Servants of the Ma)or General for the time being, alfo /ueii ar dwell at remote Earms, or have a Eerry to pafs, fhall be exempt from Watching in the Town, but fhall Watch and Ward as their chief OiJicer iTiali dired otherwife^ and all Farms dirtant above four miles from the place of exerci/ing the Company, or have a Terry to pafs over, that A^i. have above twenty Acres of Land in Trilagc, and twenty Head of great. Cattle upon (uch Farm, fliall upon reafonable allowance to the Company, have one man exempted from ordinary Trainings. Jo. And it is Ordered, That in every Town or Company there (ball 1'^']''''^"'* be cl)ofen(as other Military Officers are chofcn ) adifcreet able man to be Clerk of the Band, and if any fball refiife to accept the place, or to take bis Oath, he fhall pay to the ufeof the Company fbrty pnllin^J and the Company fhall chui'c another, and all tbatrcfiifc the place or Oath as aforefaid, fhall pay Tocjiu~noii& forty jhilhn^s-d piece, til! onedothaccept the place, and he that doth hold the 'n/i'-V" place, Jhall have a fourth part of the fines for hrs laboar. And the Clerk fhall upon every Training day twice, once m (he forenoon, as alfo m the afternoon, at fuch time as the Captain orchief Officer then m the field fbalJappoinh.call or caule to hecalledover, the Life of the names of all the ^S.^Jl(Jiers, and fhall give attendance m the Field ail theday (cxerpt he have leave from hk^rCsptain or chief Ofbcer) to take notice of any defect hy abfence ofSouldier^ or other offences that may fall out in time of Exercife, Bb And no Military. 1 c view the o'vc notice ♦" ,if)e CaploJo of to i'lflrjiti with. To Slrpofeof fin>e fo' Hie '•i''<^ of ihc Company And the faid Clerk Ihal! twice every year view a)! Arms and Amur.t- tion of the Company, and take notice that every Sorldier bs furni/hfrl ac- cording to this Law; to which end, by direifiion of the cliiof Officer, h3 fhall give noiice to the SouWiers, that upon fuch a Trailing day appoiriilecl, th?y att required to bring (in the forenoon) all their Arns and Amuni- t!on into the field, wher.2 Jhey (ball be appro .cd or 'difallowed by Hi3 judgement of the faid chse? Officer then in thefitldj And furthej" the faid Clerk ihall bnee in the vear at leafV, SvrVcy the AriT.s of d\ other Inha- bitants, and fee that all (except as before excepted) be providfd in Ibeir Bcpfes wit V Arm? and J^ munition, and upon every cccafjon, he is le* tjuired to ufe, all diligence to vie.w every mans Aims, wliether Ihey be compleady f-Jinifhed with ail Arais and Amuniirion as the Law m- quireth. And the faid Clerk (ball within one week after -any default mad?, or def:ft obferved, prefent a Lift of tho •Nanies of all th:*i are Delbcjuent, and of their defet^s to the Capta;fl or chief Officer of the CoPfipar.y : and fhall wiihcut partiality demarjc and receive all fines due fo? iwh defe<^s, 'acoorSing-to thi:; La'iVj whicb if any fhal! refufe to pay, be fhail make diflrtis upon the Goods of fiich perfons, as fnall not 'ftrsihia ten ddjfes after th^--r dtfauk be difchargccl, or have their fines imtigated by the Captain or. chief Officer of the Company, ynlefs the faid c?|ief Officer {hfill fee eaufe to reft." the Judgement and Determingrion of i'uch default to the Major and chief Officer of the Regiment at their meeting. And ibe Clerk (hall -with the advice of the chief Officers of tbe Com par.-v/, fpetdily Jay out all fincii received or Jeavitd, in Enfi^my Diftims^ J^ alter ts, Caniie and Wood for ihe Wdchj or provide Foveaer and jirnis for the pooSe: fort, or otheiwife as in their difcretion they fti all judge meet, for the ufe cf tlic Coinpany, 31. And for the better ordering the Militia in the fevtrat Towns ^'m czfss fff any fudiain exigent ; J.S^hi4' It is Ordered, That there be a Cotnmitty of Militia in evv>yy Towr^, ^J3> and that the Committy of Militia in jSo/ot, (hall topfia of the Magi- ftrak5 livjiij/ ih the Town, the chief Officer of the Korfe, >f living m commitiyof M» Town, and Sie chief Officer of each company of Toot, or ihe greateft ini'Towns '"'■ part of them, and in ftd^Jam exigents, any three of them miy zi\ when due rneans being ufed a greafcr number cannot be affembled* which CommiUy -fhall have a Commllfion^ who flial! alfo have power to ap- point a Military Watch, when ty ^''^i\ ,„ of their CommilTions. y»./*./.i^. It is further Ordered, That henceforth all "Warrants for imprefling cocn^itiy to and raifing cf Gouidieia, for any expedition, (hail be diro(rtcd to the Com- f'^'- '^"''''^^ milty of Militia of the feveral Towns, who may execute the fame by the ^ . » . Conltable, and the fiid Commttty are hereby impovired and required to '■' "^'^ *'* fupprefs alt raifing of Souldiers, but fuch as fhall be by the Authority of this Government. And in all Towns where ti^ere are great Arliiiery, Forts or Bafterier, ^^ .^ the C'ommitty of ^filitia, and Sskd men of the Town, fhall mount fuch Gum, and tit them with appurtenances for fervice, and repair fuch Foits ^ro'^'ct ^''^^'^ cr Batteries as they fhall fee neeefTary for the fecurity of the Town, the "^"^ "^ charge whereof the S£ie(f\ men are hereby impowrcd and required to "W riif rotfs leavie on the Eftate of the Inhabilants, according to the proportion of the Country Rate, to be colledcd by the Conftabies of the faid Town, for the ofe aforefaid. WHereas hi the taw tit. Military, U€l. ii. iIk thcs chli MtViifity Officers in each Town except Boilon, together with the I.^agiflratcs. cr Deputies, thereof^ are appointed a Ccmmitty of. MHiUa for fuch "toans. mthout meydionir.g Ihc oS^ccrs of the fjorfc, to be of (hat Commiltv ; This Court doth Declare, That the Commifiion Officers of the Horfc m the Town where they dwell, (hall be added thereto, and hereby are cowtn.iJy of appointed and impowcred to be cf the Commltty of Militia for fuch "''"'^ Towns where they dwell j Any Law or Cufton>c to the contrary notwith- ftanding. £ i66a. 3 ji2. It tV Oitlcred, That the "Military Watchcs'lbtill be fet t^y beat of w.hUr, m jDrum half an hour after Sun fet, by the Military, OfT/cers in fuch pl<\ces f*»»*"'^'^'« cs they fhall judge moft convenient, and fhall ^e Ordered and Difpofcd by their command and direction ; And if any man O13II Ihoot 0/ a Gun 7!2 Military. after the Watch Is fct ( except in cafe of Alarm) he fliall forfeit forty Jhiltin^s. The fa id Watch or ScnHnels being fet, fliall examine all pcrfons that du"jof'°4ii"' ^^2" '^""''^ '^'**^'" ^^'^'^ "^2*''^' '"■ f^f-und, and all Ihey fufped they ftall ">«■'' carry to their Guard, there to be kept till moining, -and before they "he ciifmifletl, they fhail carry them to their chief C/Scer to b: ixarnmcd and proceeded wit}i according to iawj And if the Sentinel of Watch fhall ineet wilh fuch perfons as iTiall be too flrong for them, or by their earring? fliall give jnft caufc of fuipjijoji or v/i!! not fubmit to their command, or if they fhall either draw imoii them, or offer atjy fuch pfT.ont in Words or AtfVions, as fhall put tJiem in fear or hazzard of their lives, they fhall diTchr.rgc upon them, ai'd ;ct're "With fpced to the Gusrd and raife an Ala«m ; Provided nKi'ayes that m time of peace, when the Coi;ncil of War, or the chief Ofliccis of the Ccjipany fliall not apprehend priftnt danger by the ncarnefs of anEntmy, it ihall not be in the liberty of any Sentinel ti hazzard the killing of any perfon, except in his own ncccfiary defence j but if (he caufe icq'.nre ir, he ihall retire to the Gjara and raife an Alarm by difcharging hisMurauet and crying Arm, Arm, which (hail lie taken for sn Alarm by the SouJ- »!ken^?in A ^I'ffs of that Town ^ and if there appear danger to the chief Officer, he isi-m. fhall either flrtnglhen his Guard, or give a genera! Alarm, which fhall be cither the diflini in the night fhall he accounted thtrAiaTmpensJ a general Alarm, which every Souldier is immediately (o anfwer, by re- ^3^ ^' pairing Armed to his Coburs or Court of Guard, upon the penalty of (ivs founds. iSrh!l»; dicrs, one Barrel of good Powder containing near one hundred pounds, da&TLi'-n one hundred and fifty pounds of Mufquet iPulletfi, and eight and twenty pounds of good Match, and after that proportion for every Company of Souid.ers, in number more or lefs', which they (hall carefully renicw from time to time as fhall be needful, under the penaltv of five foiaids for the want L^f every Barrel of Powder, one hundred and hftV pcund.'ioj :Bu)leb and eight and twenty pounds of Match as Ijcforc JH??r.horu?(i and MM (fry. in' the Sc!e(fl men of every Town as aforefaid, ate hereby Authorizctl io ali'efs their Inhabi' its for making the provjflotis alorcfaid, which fhall rcmaiDaba Town ftockjbefides all other Provifions of thatkir.dc. [ 16-}^.'} 16. It is Ordered by this Court and the Amhonty thereof j That no ^ ^ ^ ^^ Troop of Ho.-fc wilhin this Jurifdiftion, fhall exceed the number of fea ^ venly Lifted Souldicrs befides Officers ; and that the Troops raifcd in the ''"^"p^"""' «« feveral Counties be under the Command of the 1*1.1310:3 of tlie Regiment Zy/^r.dfUi- in the refpe finnce to Cmrrtlfftons granted to MfMery Officers-^ Jt 18 Ordered and hereby :Declarea, That all Commiffions of infe- rloux Officers be nnd do ftand go^d and in force, nolvuhftanding the Ss*^"** ^fstfi or removal of 'hcir^upcnour Officers. It is alfo further Ordered, That ail trained Souldiers, whether Horfe or- Foot, (hall repair to their feveral Qtfarters and lodge their Arm?, imme- diately after their difmiffion upon Training daye§ : And whofoeVer fhafi either fingly or in companies remain in Arms, and vainly fpend theirtima and "Powder by inordinate fliooting'in the day or nsght after lireip "Rc- Icafc.-, fuch ii gf tf^e difcrelica of Ihe chief Officers Provided ihe Magiftrate have riot "*'"' taken notice of the matter 'before. It is alfo further Ordered; That all Souldiers, v/hether Horfe or Foot, who fhall difobey t}\e lawful commands of their Superiour OHicers upon any Training day, either in time of exercife in the £o3y, or offierwife rc- fufing lo perform any fervice which their Officers in their difcrelion (hall judge expedient in order to the furtherance and promoling Mrhtarywork; fuch r'efracfloTy Souldiers fliall be punifhed either by Admonitipn orolher- wifc, at the he^id of the Company wrih any ufual Milifaiy ponJftimenls, at llic difcrction of the chief Officers. U is a^fo- further Ordered, and be it hereby EnaiTlcd, that the Law Hmr- Re^tcUd. {,ng Troopa, not to exceed feavenly per oris in a Troop, as alfo for aK hw^me o{ fivr jlii/fw^s per ylnmifn is hereby Kepeaied, in reference to any that fhall be lifted after the publieation of this Order. And ihal henceforlh none fhall "be admitted to be a lifted Trooper, but fuch whom themfelves or Paicnls under whofe government they arc, do pay in a fmgle Country Kafe for one lundred founds eflalc, and in ol^icr refpeifts qua^ifiod as the Law provides: And tlie fame certified under the hand of the Conflable of the Tov/n where they live. C^^*^3-^ Forasmuch as complaih/s h/ive been made to ihis Court., of very grccil wc- cjualiiy in \ecpin^ and mmtlaimn^^ of Military Watches^ the burthen of thai fervice lyin^ '/naniiy^ if na( (ilio/elher upon fuch as hear Arnis^ Vfhenfe- ■perpl ferfons of ^ood J'jiate are /r«e; All which confidertdy . It is Ordered, that Ijcnceforlh all performs whaifocvcr, wltWn this Ju- MHliary Wat- yifdj^j^-p^ ^f,o „re liable to fevve in Ccnftables Watches, fhall alfo be luble to the like fervice in all Military Watches, either in their own per- fonc, or by a fufficient fupply lo be made by all fuch pcnons as afcrc- ftid, or fhall pay twelve pence m money, and that under the penalty of fvc Jh'iHnip for every fueh neglcfft, to be Icavicd by the Clerk of eacli Company, by W'irrant under the hand of the chief Officer of the fame. U'tercGS vv; ty^ihiary. HJ ;• Her eas this Court hath ahead) provided for t^ wtU ordenyi^ arJ „,;„, c,.,r,i Jetting the Mihlia^J this Conimcn-v/faltb^ as in the Law ti). Mili- f'^ ^J ,''j^',''°'^" \ds^ , yd for^jmuth as many Cor,iflai»fs are prefenlediolhjs Coud^ Ihdihefati ,\,\,^.^ ^i"^ Orders art ,not j'o nllindd as n U. be dcpreel; conf'derin^ the prejeni /ii>i/lure J°"'|i'^,^' ^'■'■' vf offoui bzlWKK our Bn^lifh Notion and forrci^n :E»emiec^ who are new enroled m a Bloody War, vi/Mch caHs fur a frudoihal endeappur of cur own Jofrty {:i£ai»^ any tforrei^n InvaCwn or fuSioin Surprix.al, T/|is QoMii acih therefore Order and EnaCl, That the faid Military Laws bf by all perlons therein fnenlioneri, forfhwilh attended in all re- fpcihs, And Tor the better effe6ing: the fame, the Major General )S re- quired forthwith by warrant under his hand to the Majfcis of the fevtral "Regiments, to rtquiie them to make dilig'cr^t incjuiry inlo Ihc.flafe of the feveral Companies under their charg'e, and to be ccriified under the hands of (he Commi/Iion o/ficers^ or chief Offirefs where no Comnnilfion Oih- cer* are of each Company, of all dtfel6 fenl io tViem 1)/ the faid Majors refpeaively, or Major TX^-'^^'^'^ot Ger)eral, upon the penally of/vf por^nds for every fuch ^tfcifl, (o "be lea- "'» vied by di(^e|t by Tuch perfon as the r?id Major (-Tcrera) and MAioisof ihe ah I'l^ f^^n« 'o Regiments i>l'all depute, whidi faid fines fhcll he for a ftock of Powder n", Ik c/po'I/'h^ ' fo/ (he faid Company v^here the deres arife ffom time to tireie. rorii,f co-^my tAnd wisereas feveral Towns m this furifdjifim, arefipl uttderiheCatn- nurii^ ofcniy Serjeant Majcr^ as Dover, Portfmouth, 6'c. ai alfo I bf Town's of the Coi/niy of ]:hmp(h\te; It 13 Ordered, That Ihe Major General take care for regulaijr\g' of the Toln' ih-i >re Wifjtnry affaires of fuch Town.o, 111! they are brought under a Major js in ^^,;"Jr" T'' ofher Coun+ics^ And all Military Officers of fuch places are required otc- ni'.n>I'o^v'"(fu die'ice fo tTie Orders of the Major General from time (y lime, upon ihe b''t^u7o."''' penalty above mentioned for every defcift. |" \6t;6,'} Cfpf.j: WJ/ereas the Law, tit. Military SeC\. 7. iequtres every pikjeman to he con^fleally furnifhed ( amcn^fl other weapcns w'h a fuffic'i mt CcrJIet) fhis Court eonfidfiins that Corf^ets are wanting to many ScKldtns in fext' rat Comp^ms, and lAaf fupflieT therein are not eafly io he attained^ It is therefore now Ordered, and by the Authority of thi," Court Elia- €^ed; That every Pikeman within this Jurlffdtclion, fliall be compleatly ^^u^twiopro furnithcd, either with a fiifficient Corflet, Biiffe Coat or Quilted Coat,fuch ""'^^",'[^^^^[5 a« thai! be alloved by the chief Officer, under wliofe command thev from °^'^'" " tinne to lime fhall ferve, upon the penally m the recited Law already ex- prefledjanv Law, CuAome or Uiugs to the •, contrary nolwithiUnding. C c 7. 7bis ^j5 >^'««- T Bis Courl ctnfidemg the clmCkn cf our Taicnt^ re^ulalin^ to the jlnt'mg of c.ll M'JUr.ry Ojficcrs hi th'is p/nfcliHiofi ^ Do hereby Order and Declare; That all CcmmifTion Officers that at prdent are in power, arc confirmed according to tlicir rcfpeifiive Com- mifr.ors; but for the time to come v/here new are to btchofen,it iconly in the power of the General Court, or in cafe of emergency for the Coun- ""bc^if/ftn '^'^ cil of the Common-wealth, to Nominate, Choofe, Appoint, and Impower all CommffTion Military O/Bcers; excepting the Major General, and /d- iniral by Sea, the choice of whom arc otherwife provided for by Iqw- snd for all inferiour Officers in CompanJe:, they are to be ehofen ant? ap- pointed by the Commiffion Offieers of that Company, and where no ConTmifTion Officer is by thie Major of the Regiment, [ t^^S.2 THe Court ccmjicfer'wg that the %eghncnfs an mvM't^Ued from Ihree h fx fmc the Law yvas made, re^nhmg the Serjeant Majors of eve.'y Kegtment to draw forth bis rRj^ment once in three years^ io exerafe them "vccJr-cnlai, in Military Drfciplitiei ^ i *>. r n, v r. v acaiags Do Older, Thct henceforth the Regimental JMcctiigs {hal! be m this foUowing Order ^ i.e. Sujfoik^this prefent year^ i6'/i.' JNTo'/o/]^ including the County of Tortfmuth and Dover ^ 1672s _MiJclkfex Anno S673. 'TorJ^jhirc Anno 1674. JEffcx Antw 1675. J-lam^fhire Anno i6y6. And fo to be contmued in this Order fuccefTjvely from linDetotrme. And the Majors of Norfolk, Yorkpiirc and Hatn^fhive are allowed ko- •WariJs their C5fpenfe3 and entertainment, occaOoDcd by fliat fervice im founds a niece refpef^ivcly for the time of that fervice, to be paid by their refpecTtive County Treafurcrs. And Jf is alfo Ordered, That henceforth the allowance of iweniy pounds a piece granted formerly to the Majors of the three old Regiments, fhall be paid by the County Trcafurcrs refpecd at Bojlrm^ and that the MafVer of the faid Mint, and all the Officers thereof fhail be fworn and allowed by this Court, or by ^l^^J^"''^' * Arch as fhall be Authorized by this Court for that pnrpofe. And all porfons whatfoever, have liberty to bring into the faid Mint, alj Buihon, Plale or Spamfh Coyn, there to be melted, and brought to Alloy of Sterling Money by the JVTafter of the faid Mint and his fworn Officers from time to time, by him or them to be Coyned into tvcclve fenny^ fixpenny., and three fcnyiy pieces, which (hall be flamped with a double Ring on either fide, with this Infcription, MASS A CH II SETS co,T "' """ and a Tree m ihe center on the one fide, NEW-ENGLAND with the ycarof otjr Lord, and the figure XIL VL III. according to the value of each piece on the other fide, together with a privie mark, which fhall be appointed every three Months by the Govcrnour, and known onely to him and the fv^orn Officers of the Mint. And further, the Matter of the Mint aforefaid, is hereby required to ^ Coyn al the faid Money of good Silver, of the juft Alloy of new c'j"/^ Sterhng Englifh Money, and for value tvoofcce in the jliiHitJ^ of leffer value then the prefent Englifh Coyn, and the lefTer pieces proportion- ably : And all fuch Coya as aforefaid, (and no other except EnglifliJ (hall be acknowledged to be the currant Money of this Commonwealth, and to pafs from Man to Man in all payments accordingly within th;-s Jurifdiuion. And the Minrmiftcr for himfelf ".nd Officers, for their pains and la- bour Melting, Refining and Coyning is allowed by this Court to takco«* co'i^nlig" '^^ [hilling out of every twenty fhtJhngi, which he fhsll ftamp as aforefaid, and it fhall be in the liberty of any pcrfon, who brings into the Mint- houfe any Bullion, Plate or Spannifh Coyn, to be prefent and fee the fame Melted, Rcnnrd r.nd Alloyed, end then to rake a Receipt of the Maf\er 0/ the Mint for the wcighi of that which le good Silver Alloyed as afore- faid, for which the Mint mcilcr fhall deliver him the like weight in currant Money, vix,. every /hi lltnf :owei'Jr\tb>-ce pi>ice Troy wei/ht, and Icffcr pieces Cc,n " proportionably, cledu^inc allowance for Coynige as before is exprefTcd. D d Aivi n 5 Monci Mmi ma/iprs & And it IS further Ordered- That a Committee bechofenby thisCcurt Officmtobe to appoint a Mint houfe in fome convenient place in Bcfton, and to ap- "*" prove and fwear the Mafter and all the OiTicers, and to Order and De- termine what Ihall further appear necedary to carry on this Order to effca. Ji.jA^hs- ^- A"d it is further Ordered j That no Inhabitant of this Jurifdicfilon or Stranger, fball from henceforth fend, c?.-ry or traniport put of this Ju- £xporhiVion_^or rifdidion, ty Sea or by Land, direcfily o? indiredly, any of the AJoiiey on'ainof CO,,' that hath been or fhall be Coyned in this Jurifdidion, except {mnty Jhil- enationorcR^iie Ij^^^ f^j. ncccfTary cxpcnccs, on penalty of Confifca'ion, not only of fuch money fo Coyned, bat alfo all the vifible eft?te of hun ihat Oiallany way be found fending or exporting any of the Coyn afoiefaid, one third part whereof ftiall "be to tlic ufe of the Informer and Officer, the other two thirds to the Country. ^nd that this Law may he duely chfcrvcd; scsrc^'sfj be The County Courts (hall from time to time, as there fhall be need in afpoinad 'Sofion^ Charhtom, Salem, Ipfwich^ Pufeata^ua, Ifles of Shcnh, Sttdhiiry, and other ncwlful places, appoint and Authorize meet perfons, as Searchers, TO exaniiae and fearch all Perfone, VefiV'ls, Pack>s,Truncks, Cherts, Boxes, or the like, that fhall "be tranfportipg out of this Jurifdi(fiion, who finding any Money fliall feize the fame, an3 forthwith inform the next Magi- ftrate thereof, who fhall ifTue out his Warrant for the prefent feizure of the whole vifible Eftareof the party fo tranfpoi ting contrary to this Law, for the ufe of (he Common weaU}! j And for the parties fearching or in- forming as is above expreft. And it is further Declared, That all fnch Matters, Marrioers or other perfons, that fliall "be found to be privy or confenlirg to the exporting of any of the Coyn aforefaid, out of this Junfd.Aion, he or they fhall for Toii{:ean CatTi ^^^^^ ^^^^ offence forfeit the fum oHwentj pcundi a piece, to be to the ufes aforefaid , And the feveral Searchers fhall take the Oath appointed i^or Searchers, only in ftead of half, a third part to be inferred, and in flead of certifying the Auditor General, to infert to certifie the noitMagiflrate. f: ^^Or the better execution of the Law pag. 6^. fefl^. 2. fclr the yejirs,'mng the Exportation of Manej/ -^ U is Ordered by this Court and the Authority bereof. That the perfons hereafter named, vtz. For "Bojiottj Captain ^ames Oliver, and Mr. Thomas Brattle or either of them. Tor Charhtovm, Captatn John ey^ilen. *o?rsi'ch°?ot^ For Salent, Mr. Edwciri "Batter, Koncy^acc. For Pafcata/jtui, Mr. £lile to the Country, and that for a fhort time. 1 16^1.:} Oaths Subfcriptions; TT is Ordered, and by this Court Declared; That no man fhall be urged NoOjih^iot to take any Oath, or fubfcribe to any Articles, Covenants or Rcn;on- r'VJ ,\'J '^^°* ftrances of Publick and Civil nature, but fuoh as the General Court bath ni court ""*' confidcred, allowed and required^ and no Oath of any Magiflrate or of officcrsOaJb any Officer, (hall binde him any further or longer then he is rcfident or j°* '°"8 ''''*^* xeputed an Inhabitant of this Jurirdi(nion. {v/(J^1.] 2. Forafmuch as divers Inhabitants of this Jurifdiffion, tvh have long continued aimn^fl M, ncemng proteQian ft cm ihis Government^ have ffr »e -^'S^P^' are informed uttered ofenftve fpeeches^ whereby their fidcUty to this Govern, tnent may jufiiy he fufpc^cd^ and alfo that dners Stravgcm of forrden parts do repair to us of nhcfe fdckiy m have not that affurancc which ts ccwrrcn- ly reqjAiTed cf all Govirnmcvts j D a 8 Ifc 120 OfpreJJioji. Payment:,, It is therefore Ordered by tliis Court and t"he Authority thereof ;ThaT; the Courity Courts or any one Magiflrate out of Court, 0)jli have power, at\d is hereby Auihohicd to require the Oath of Fidelity of alf fwe"'fi"iii to fef'ltd'jnhabitants amongft us, who have not already tal "T* Or avoiding fuch wifehiefs as tna} follovf by fueh ttiatfpoftdpetfons, aSffiay pC take ''^^''^7 ^° "fP^'^h ^^d wrong their Netgljkours, by taking exceffrve Wages for then Worh^ or unreafonable friz.es for fuch Merchanjiz.es or other neteffary Commpdtttes aS fhall fafs from Man to Ad an \ ft IS Ordered ; That if any Man fhall ofFend in any of the faid cafesy he fhall "be punifhed by fine or imprifonment, according to the quality of the offence as the Coujt to which he is prcfented, upon lawful tryal and convii^ion ihall adjudge. \_ i6js.~\ J.sAU- IT le by this Court Ordered and Declared; That all Confrafls and Ert» gaeemcnts for Money, Com, Chattel or Fith, fhall be fatiified in kirtdd inihrkina ooiv accordiHg to Covenant, or in default or the very kinde contracted for, in •tufteilfor one of the faid kinde-Ji Provided that in fuch cafes where payment it* kinde is not made according to -CQi^enant, ad luft damages fhall be fatiP fied (together with the Debt) for not paying m kinde accorcing to bfl'gain- Pftithnt. »3J bargain ; And in no cafe fhall any Creditor be forced to take any other Connmodities for fatisfad^jon of his debt, unleft it be according to his Comrade, tuf it ftial! be lawful for fueh Creditor to imprifon the party ^^J,^^,g^ ^ till he make fatirfaOion according to Covenant, or to take upon Exe- i„,hf vj^aF cution fuc-h Goods, Houfes or lands, as ftiali be to his fatisfacf^ion ; any coAirisd Law, Cuftome ci Ufage to the contrary notwilbftanding. C/^^-^O WHcreas the Lav lit. Payments png ^j. Both m.i\e Corn, Cattle and Fi(h equal w'lih Monfi and to le paid aS Money, when Money is intended foir, wVieh at that lime when iht Law was niijdf was as pod as Money^ lut tiow fs otherwife, and froveih prejudic/at ay\d injurious, as ex- perience pjeweth i/por. feverai accounts i I her fore as an addition to, and eX- planatton nj thai l.nw., This Court dolh Order and Enaft, That henceforth all ContraOs, A- AilcomrefUfc grcementfi, Bogagtmcnts or Covenants for any fpecie whatfoevcr, (haH XlT^llx^* be paid in the fame fpecie Bargained for: Any Law, UTaRe or CuAome pujrmcM '»i cpc- to the contrary nolwithitanaing. {_ '^7o.J /or&<. fEririoNB. IT Is hereby Ordered; That all Petitions to the General Court, which L.2^.ij, are of a common and ordinary nature, the Petitioner fhall pay on Ibe clclivery thereof to the Secretary or Clerk Im Jhillin^s fx ftnce for each Pcritions: And all Pctilions for abatements of fines, miitigation of pe- nalties, &c. <]iall pay unto the Clerk or Secretary as aroreraidff«/),//;m/^, irCpJti'oiow And a!) Petitions for Gratuilies, or that concern Controverfies between 'T '•"•cenersi party and party, Town and Town (hall pay ten fhillin^s-^ And all Pcti- '^'""^* tioiis for I!5ebts, or otlier conlroverfics between party and party 'brought from Inferiour Courts, fhall pay ten Jhillin/j bcfides the charges of the Court during the trial of fuch caiifc. And heiKcforth no Fclitition whatfoevcr, fhall be received into thcGc- j . f, •ncral Court, after the firft four dayes of the Court of Elcflion, nor after ^'^' ihe tuft \/eck of any other ScfTion. Neverthelefs, It is hereby Ordered ; That all fuch Petitions that con- cern any engagement of the Country to any pcrfon, arc hereby exempted; TW«f Eolry And that any Magiftrate or Deputy of the Court may prcfciit any Peti. tion, wherein his own perfonal right is concerned without payment, and that there (hall "he a true Entry made by the Secretary of the number of Petitions that (hall "be delivered to the Magiftratcs, and the like account ?,o^ p.^^^e^Tf fljall be kept by the Clerk of the Deputies, of all Petitions received by sccr-">- Porter* to be 'Ordered by (he THere le'wg a 'very great abufe in the Tovins of 'Bo/lcn and CharJstowni by .Porters, vrho many times do require and cxaB more then isjujl^and righteous for their Labours ; It is Ordered by this Court; That from henceforth the Selcdmetl of the faid Towns from time to time, (hall have power to regulate in this cafe, and to (fate their Wages, as in their underflanding ffiall be moft juft and equal, as alfo to determine what perfons (liall be imployed therein, [i^j/.J Tomd, Pound breach, Pound in every Town FOr prevention and ie and Chattel'-, It is Ordered by this Court and Authority thereof, That there fhall be one fufficient Pound or more, Inadc and maintained in every Town and 'Village withia this Junrdi^flion, for the Impounding of all fuch Swine and Powder. »*/ and Chattel as fliall be found in any Corn-field or other inclofure. And whofoever Impounds any Swine or Cliattel, fha)l give prefent no- tice to the Owner if 7:e be known, or otherwife they fliall be cryed at the two next Ledures or Markets; And if Swme or Chattel efcape out ^•//•f-?-^ of Pound, the Owner if known, fhall pay all damages according' to Law. And every perfon or perfons having notice given them, or ot>ierwife left in writing at their Houfe or place of their ufual abode, of any of j.^,,,^ ;^^„„. their Chattel Impounded or otherwayes Retrained, (hall forthwith give araioWtcptti- iatisfa(f1[ion to the party To wronged, or otherwife Replevie their Chattel, Z,Zt""^' and profccute the fame according to Law, upon peril of fuffering all the lofs and damage that fhall come to their Chattel byftandingm the Pouad or other lawful place of Refttaint. [_i64Si 47; J7- 2 2. And if any perfon fhall refrO or refcue any Chattel going to pound, or fhall by any way or means convey them oxit of Pound orot^ief ^^f^y„,„4 Cuflody of the Law, whereby the party wronged may lofe his damages, iojti.j t't<»t'r and the Law be deluded, that in cafe of meer refcues, the party fo offend- ing fhall forfeit to the Tic&torY forty jhiflm^^s. f''^'°' And in cafe of Pound breach /vc pounds, and fliall alfo pay all damages to the party wronged, and if in the refcues any l^odily harm, be done to the perfon of any Man or other Creature, they may have remedy againft the Refcticrs; And if cither be done by any not of ability to an- , ,. ^ fwer the forfeiture and damages aforcfaid, they fliall be openly Whipped by Warrant from any Magiftrate "before whom the ofTender is convided in the Town or Plantation where the offence was committed, not ex- ceeding twenty Jlripes for the meer Refcue or Pound breach ; And for all damages to the party, they fhall fatisfie by fervicc, as in cafe of Theft. And if it appear there were any procurement of the Owner of the Chattel thereunto, and that they were Abetters therein, they fhall pay forfeiture and damages as if themfclves had done it. {^'f^-^/O P O W J) E }i. WHereat ly favour of the Gover>ime»t w England, ftver^J quaniV.hi of Powder and. ether yimunition are yearly Inifoile'd into this furrf did ton for our -/lecejfary ufe and defence; I'd the e>id tW favour m recdm way r.ot he ty^bufed, nor ourjtlves Deprived of the juft and mxfary ;//e thereof-^ " u^.tf.^.J. It IS hereby Ordered and EnarffcnerS) Trifon, Houfe of CorreUton. Prironcr; «rf!. *T T- 13 Ordered ; That fuch Malefadors as are committed to any common caatjheirown J. prifon, jhall bc conveyed thither at their own chaige if they be abkj '^^"^'^ otherwife at the charge of the Country, £ 1 6^67^ 'rifen. III S. For prevention and re^efs of many mjdemeamun and evil br aDtfes daily inoreafmg ^ ' It is Ordered, That there fhal! be an Houfe of Correiftion provided in each County, at the Counties charge, to be fettled, ordered and improved ="^'" as the Magiftxaces in each County Court or Court of AflutantsOiallacree *^'"'"''' and direifV. 3. And it fhall be in the power of every County Court to makf ufe of fucli Prifon as is at preCent creiHcd in the County, for an Houfc of Corre(f\ion, till Houfcs of Corredion be provided and Iwifhed. Alfo to provide and Autlioiize the Keeper or feme meet perfon to be Nafter of I'uch Houfe as they fl)all judge meet; And the SckO men of the Town where fuch Houfe is appointed, (hail procure in the moft pru- dent way, feme competent ftcck of Hemp, Flax, or other materiajs, and upon account, to commit tTic fame into the hands of the MzfUr of the Houfe, to be imploycd at his difcretion by the labour of fuch Deimquents, as fhall be committed to him by Authority, and the flock being in' value or kindc preferved to fuch as put in the fame, all the benefit attained by the labour of the perfon committed, fhall be to the ufe of the MaAcr allowing only fo much as will keep the Delinquent -with neceflary 'Bread ahd Water, or other mean food out of the fame, or fix fence out of xhc jyiltng earned by his or her labour. And at the firft coming into the Houfe of Corrc(n-ion, the M a (ler there- of, or any he fhall procure, or the common Corredor refiding in the Town, fhall whip every Delinquent, not exceeding ten Jlripe^^ and after fhall imploy him or her by ducly ftint, and if the party h: Rubborr, dif- orderly or idle and not perform their task, and that in good condition the Mafter [hall corrcft them or abridge them of their food, as the caufe fliall require, till they are brought to fome meet order. And it fhall be in the power of one Magiftrate, to commit idle per- fons or ftubborn perfons againft fuch as have Authority over them, Run- awayes, Common Drunkards, Pilferers, Common night walkers and wan- ton perfons, as tending to uncleannefs in Ipeechcs or Aflions, ire. And It fhall not be in the power of the Maftcr to deliver out of the Houfe of Corre6ion, unlcfs he hath a Difcharge or Warrant under the hand of a Magiftrate; and if the Delinquent be committed by the Court, not to be delivered but by order of the Court, or under the hand of the greater part of the Members of the Court. £ 1646^ sj^ j7 3 ji.S7-T-2f' Ccynty Court lo ippoin! 3 Sr)e(\ men (o rvil! lo work Mififofets JWftlquwit to he fotfffft'n One MapiArate the »Jo«re of ON Cmphint of the Keepef of the Prifon, ihcu fome Mekfaflm and other Tnfcners haVe made .efcape, by means of fome cvil-difiofcd perfons that fufply ihem xcith hjlruments to effcd the fami j It IS therefore Ordered by this Court and the authority thereof, That if any perfon whatfoevcr, fhall any waycs, either diret>fom ^^9 Trotcflaiion. And if any Prifoncr committed for offence or offences, Criminal orCa' pital, fhalf by fuch wicked complFancc of any pcrfon, break Prifon or make cfcapc out of Prifon, or te found in preparation thereunto, theper- fon or perfons which diredly or in^ucdly conveyed fuch Infliumcnts, Tools, or other things, whereby fuch Prifoner ftall or might work his or her cfcape from Prifon ; fuch perfon fhall be hable to the fame corporal punifbment whicli the Prifoncr vrSiS liable unto, and alfo incurre fuch fur- ther penalty by Fine, Imprifoninenr, or Corporal punitTiment as the Coun- ty Couct, Court of .AtTiftants or General Court fhal! appoint : So that where the Prifoners aic not adlually e^'eaped, in fuch cafes any Court to moderate as they fhall t'ee meet. And if the efcapc of any Prifoner appear to "be through the fault or ncg- \t(X of the Jaylor, he fhall then be Viable to fueh penalties as the Pri- foner was, according as the Court -which hath cognizance thereof fhall determine.' {_i66p.'} I 'N Anfwev to foy»e J^ejlms prcpottrtded by the Kaper of the Prlfcn for . his Jixe&ian in the execution of his O^ce- PhiAioniio -j-j^jg Court do Declare^ That it is the duty of all Prifon-kcepcrs I'll en etfera j-j.ofn jimc to time to prefent 3 true Lift of all the Prifoners to dich Courts of Judicature, as arc properly to take cognizance of their crimes, and not to difcharge any their cuflody, but by the Authority of the Law •warranting the fame, and that the Court or ojher Aiithority taking cog- jiizance thereof fhall determine the Cofls to be allowed the Keeper for maintenance of the Prifoncr, as alfo by whom he fhall be falitfied, and that where any are committed in any civil caufe, the Plaintiffe at whofe fuit he is imprifoncd fhall fecurc the Keeper all his neccffaiy expenfes during his Imprifonment, both for Food and Phyfick, and other neccfTa- Ties for bis livelihood 9 And in cafe of his nesletl: fo to do, the party jnv- -prifoiicd taking his Oath before any Magifirate that he is not worth five 'faundsy the Keeper fhall not itand further cliargcd with him, but maydif- niifs fucii Prifoner his cuftody ; Any former Law, llfage or Cuiloaie io the contrary notwithftanding. And it is Declared by this Ccurf^ J^^it the ordinary allowance to be T7iade for the Food of any Prifoncr fhalf-be two (jii/liii^s fxftnce the Week. [j^^iO I>roteftatiotis contra Ti^monflrance, v.fcf'iyvot"*" TT is Ordered, and by this Court Declared:; Tfiat it is and fJiall be in a'jiffcnv in (i- J[ [|^g liberty of any Member or Members of any Court, Council or civil ffj'n court ^ffcrnbly, in cafes of making or executing any Order l?iat properly eon ccrneth Religion, or any caufe Capital, or Wars, or Subfcnptions (0 any pubhck Article or Remonftrance, in cafe they cannot in judgement and Confcience confcnC to that way the major vote or fufFrage goes, to maka »-h?n. PHtijfhment, Records. 12^ their Contra 'Remoitftrancre or Proteftation in Speech or Writuig, and upon their Kequeft to have their diffent Recorded m the Rolls of that Court, fo it be done Chriaianiy and T^efpeaivcly for the manner, and the aiflcnt only be Entred without the Reafons thereof, for avoiding tediouf- Tunijhment, Torture. IT is Ordered, and by this Court Declared ^ That no man fhall be M<,ne ponini^a twice Sentenced by Civil Juftice fcr one and the fame Crime, Offence ' j:;^^''* °'''' or Trcfpafs. yindfor 'Bodily Punifltmentf, We allow amongft us none that are [n- i,,,p.jv. humane, Barbarous or Cruel. And no Man fhall be beaten with zhoyc forty firifes for one Faft at Kot'i»pve4o one time, nor fhall any Man be punifhed with Whipping, except he have "ripes not otherwife to anfwer the Law, unlefs his Crime be very Ihamcful, and his courfc of life vicious and p.-ofligate. And nc man fhall be forced by TcrCure to cenfcfs any Crime againft ^^ {oriorc b-. hlmfeir or any other, unle(s it be i.i feme Capital cafe, where he is ftrA fore coRvwion fuliy conviOed by clear and fuflficient evirdence to be guilty, after which if the cafe be of that nature, that it is very apparent there be otber Con- fpiralors or Confederates with h:m, then hcrnaybe Tcrtuiedj yet not with fuch Tortures as arc Barbarous and Inhumane. T^r.QT^j, Recordmy Clerhs, WFJc-as \i^cofii of ^e Firidefiee, xehereupan the VerdiB a<^i hdge- rrtent in i^j-- dyih faffj betMg duely enirei and \efi^ would beof^aod ufe^ both fm fre/rdehtSj and encf ^"'^^'''".'"t^ for each evidt'OJt; and the forcmon of every Jury {iuii fxitfilulJy deliver """ '" OP ill fuch Teft'moniec or oher Wntings ccmmttua to tnem, unio the Tobftepion Kecorder or Clerk oi the Court, when they give m tlieir Verdnfl in every ^'' cafe G g And '30 Records f T^corder. Ard the Pees of the Recorder or Ckth of every County Court (IaH ^.S7'h^i> be as followcth, for trarkfaribrng a Copy of eny evidcccc for every page fUcoidcfs fees *^°"^'^'"g of iwnty eight or ihtriy Imcs, ei'-xht v(rds in a ^tnotm'ive ^imey and proportionable to et^ht pence_i page for vutwt k doth exceed; For entry of a Mortgage or Sale of Houfes or LancSs verbatim^ not excecdirg a page as aforefaid, ivpehe pencs^ and proportionable to ei^ht^ence a page for vhat it doth exceed j And for Atte.lirg the Record on the Ongina) Deed y7x ;?Ka', and in like manner for Wills and Inventories, with fix ptfiee a piece for filling up the Ori^nal and fafe keeping thereof; And for chtring an Order for the deiermining otan Eftare of fuch as dyed Intcftatc, or other, wherein the Court is to- give thtir approbation or determination twfhefen'^e. And for Entry of the Examinaiion and Proceedings of fliis Court in any Criminal Cafts or Prefcntment, with tKe Judgement of the Coun therein tnw jliUlmgs and jlx pence \ And for Entry of a Recogni- zance twelve pence, to be paid or fccured in Court by the Delinquent par- ty; And for Entring a Judgement acknowledged tmlvs pence -, And fcr L,2.^ ? Entry of an K(\\ox\ one flnlimg fix pence, and a judgement thereupon fix pities, and for making an Execution tm ptHings. 5Whs,Desihs *• ^^ '5 Ordered; That the Clerk of ihe Wtitts in the fcvcral Towns Marriages ftaU Rccofd all Births and Deaths of pcrions in tTicir Towns, and for every Binh and Death they fo Record, Ihey fliall "be allowed three fence ^ and they ihall yearly deliver in to the Recorder of tlic Ccwt of the ju- rifdiftion where they live a true Trarifcript thereof, together with fo ma- ny pence as ihere are Births or Deaths to be Rircofdcd. &V7o^c«fifif'° And all Parents, Maftcrs of Servants, Executors or AdminifJrators re- ihecinii fpoctively, (hall bring in to the Clerk of the Writfs, in their fevcral Towns,, the Names of fuch perfons belonging to them or aViy of them, as flfiail either be Born or Dye. And ?.ifo every new-Married Man fhall likewire bring a CerHficate un- der the hand of tTte Mogiilrate which T^anicd him imto the iiaKl Clerk, to jbe by him Recorded, who (hall be allowed three ^ence for the fapie, and the faid Clerk fhail deHiver as aforelaid unto Ihs R.-corder a Certifi- cate, with a penny a Name for Recording the faid Mariiage : And if any perron fhal! ncgleft to bring a 'Note or CcitiBcate as sforvfaid, together with three j>ence a }'airie to ihe fa»d Clerk of the Writts lo he Rccoided, ?frja(»y of not roorc then one Month after fash Bir^h, Deaih or Marriagcj he (lull pay ccrtifjinB twelve prmc \o the feid Cleikj who ftall demand the fame, and in cafe ai.y fliall rcfufe to fatififie him, he fhall then retvwn the Name of fufh per- ^j4.p.24. fon or per/one to tiie next Magitttatelor CojnnjfTtoncisof the Tovin where fuch pcrfon dwells, who fhall Tend for the party fo relufu.g; And in cd(e lie fhail flill pj'fift thete'n, Ihalt give Order to the Coi>-' ftahle to Isavse the iamc: And if any Cierk of the Writts Jhall ncgteft his duty hereby enjoyned, he fhall pay the »o!lowing penott'ef, CteTii^io feUirtj vif.. for neglcding a yearly return to tile County Court. Jh-e pcundr, zat &c'^to'%^''''"" for m^kCi of reU'rning the name of any pcrfon returnable by t>,ts Order, ajuntjr cowl w!:?thcr Born^ Married or Dead, mere then thirty dayos befcrc Ji!j seivrn to the County Coun five fhUlhtfs, and that r.o ncHctf^ nay be hr^em for the fofirc, lite Clerk of eac'h County Cotii;: is hereby esijoyred from fee to time, to csrtiB.c (he County Courts refppif^iveiy the Names of ali k^h Ckrk'' of (he Wrirts, who fhali neglcdt tc make their yearly return ac- cording to this Law, who upon fuch notice given, fbali fend for fuch OcrkS;, aid do fn Ihc cafe ss the Law rtquireth. 3 It Rtoords^ Reorder. jjj 3. It i3 Oirdared and Declared, That every man fhall have liberty to Rec(>rd Jri the publiok 'Rolls of any Court, any Teftimony given jpon ^»''^4f- Ofth m the feiTfie Court, or before two Magiftratcs, or any Deed or Evi- LibcTtv tore- dence legally confirmed, there to remajn in per^etuam ret memoriam. cd [Invnci^ Aa^ that every Inhatil^tit of the Country, (haW have free liberty to '"^ "i^t**"; feaich ari viev/ any Rolls, Records or Rcgirters of any Court or Office, ^'''"J P"^'"* ■ty to )ffice, except of the Council, and to have aTranfeupi or£xemp!jfic3tion thereof, Writter, Exanjined and Signed by the hand of (he Office-, paying the acc:flomed fees. And if any perfon or per/on repairing to any publick Officer of this A. j 2.^.9, Jprifdiftion, to view any Record or Writings committed to his charge, Ihall wittingly and wilhngly Uefaec or Rent any fudi Record or AVriting, upon complaint of fuch Officer to any Magifttatc, and proof by Oath of the fa\d Officer, or other fufficienl Witnefs, every perfon fo offending (ball forfeit by the pa^ty concerned therein treble the damage that mighl have enfued or jsccrucd to him or them Iherieby, and fhall alfo be fined OS much to the Countty, or fuffer fvo Months imprifonment -without ^'7j;'n^r'^,i^'' Baile or Mairt priie, or (land in the Piilory two hours m Bofton Market, •with a Paper over his head written in Capital Letters, A DEFACEH OP RECORDS. the fpeclal or particular puniflimenl to be determined by the next County Court where the Offence was committed, and (hall alfo ftand bound to the good Behaviour, during the pleafurc of the Court. £ tdjy^ 42, <^j, 44, 47j i2, S7- ] R^folveel ufot ihe Qmphn^ That the words RoIlSy Tjcfords, or Jiegt^er JijitS'^ ft<. of any Court oro£lce contained in the Printed Laws, Ht Hccordi, &c. frl'maict^^ SeO. 3. fag. 6p, arc to be Interpreted and unjerftood only of fuch Afis of See Court as concern particular perfons in matters of Jufticc, Licence, Grant or Approbation, or of fuch Laws as are of publick concemmcnU WHereas iy reckon that the Orders of this Court, referr'mg to the Com- Sotfonsvitniinr. tntJfoKatwgy jippomtini ^'^ imfommg any particular perfin or per- ['^^"^or^>^iul fcm for any fpecial iru/l, vegptiation or other matter as from tixne to itme ofT«^'ick ro^ do arifi, are not dutly and feafonably Trcmfcribed aud DdlvenA to thofe "•"^^^^''t 3< contern'^d thmsM, the exfeOatfon of fhs Court u many times difappmt.'H, "" '^ and damage to the pubifck. dotb inevttatiy acruci It IS thercRire Ordered by thii. Court i That the Secretary, from tim« to tirre, within ten dayes £'".er the tnd ot tvery Sefiions ot tke Gencui To itic MjrBi»lj Court, fha;l Copy cut ail fuch fpecial Orders of thi£ Cojrt a^ abovefaid, '''"'"■'' and deliver tht fama to ttie Marloai Genual, who fhall receive the fame at the Secretaries houfe, and take 0/dcr for the fpccdy and certnm con- veyance thereof, to thofe whom they are cfpanaJly directed iiiito^ \nd for fuch Orders as do require a more ipocdy difpa:;ch then the iiwe a- Dovc limited, the Officers above homed fhall accordmglv baften the fame. G B 3 Alfo J 3^ Htfltvitf. Sdhhath. Alfo Ihe Marihal Genera! (hall from time to time receive all Warrants Matrtio' Gcwral that are to l)e fcjtit to the fevcral Towns from the Country Tteafuier- as Trl^'^^^-a alfo the Laws that are at ariy time to be pubJifbed, either Printed ojr ^etr-turivs -u Written, and caufe them to be delivered according to the dire(nion gi^ea TctVwm.ftc him from the Treafurer Of Secretary. ^iSSe.J REP h £ V I N, IT is Ordefc3 and by this Cwirl Dfciarod, That every man fhall have hberty to Replevie his Chattel or Goods Impounded, Dilhcined, Sci- ie.ed or Exlcitded, unlcfs it be upon Eyeeution after Judgement, ancl la payment of fines ; Provided he put in good Srcucily to. profecure Ihe Kepievm, and to fatisfie fucTi Demand asliis Adverfary Ihail iccover a- gainft Him inlaw. {^i64i-~\ S A B B A t H. UPm ItTformMron effmidry ty^hufes an^ U^ifdemci^nours cemmittcd by ...^,j.f. drfers ler'ons on the Loxis-day, wet only hf Chtldrin playing m tie Streets etn£ in the Streets. and Ftcias, Ir/iselling from Town 1o Toivw, ^yin^ en Shjf-boardy frequenting ' Commori- Houfts and other places to "D'inJ^, Sport or ofhern/ife to mifprnd thai l>reciijUs- Unte^ ■which Ihhi^ tcnJs much to ihe Difhonour of Cod, tht 'l{jproach of RcUgicny Crievin^ the Souh of Gods Servantty and the Pro^bayiaiton of ^>s Hch Sfibbeth, Ihe SaHflifieelftm wh-nof is femetimes put for perfons whacfoever, that fhall offenfl and "be convict as aforefaid, either for Playing, oncivil Walking, Prinking, Travailing fronn Towm to Town, going on Shipboara, Sporting, or any way mi/pending that precious time, {hall for the firft offence be adiTionifhed, upon due proof as aforefa'»d, fw a Cecond Offence, fhall pay as a fine fwe fliil/in^s, and for the third of- fence hn ^Uiingi--, And if any fball further offend that way, they fhall be bound over to the next County Court, who fhall au^grtient punifhnrtcnl ao cording to the nature of the offence: Anfl if any be unable or unwilhng to pay the aforefa'id fines, "they fhall be whipped by toe Conftable, not exceeding five jkifec for ien fillings fine, arvdlhis tobeundcrftood of fuch offences as fhall be committed during the D7.7 light of theLor^ day. C/<^/iJ Z..Whereas'b^ too fad experiences it is objervedy the Sun.beinj fet^ bdb every Salierday, and on the Lords clay, young peopft and others take liberty ^- ■'^• to \9alk_ and ffort themfelves in the Jlreets or fitlds, in the feveral Towns of this furifdiflion, to the Dishonour of God, and the Diflurbaace of others in their Religious extreifes, and too frequently repair to fhhlick. Mouft^ 'f EntertoinmejU^ and there (it Drinkuif, all which tends not only to the hindring of due preparation for the Saohcdh, but as much as in ihem ijeth genders the Ordinances of God un^cftablf, and threatens the rodtng out of the power of Godlinefs, and procuring the math and Judgement of God upon us and our pojierity ; For prevention whereof j It i£ Ordered by this Court and the Anthouty thereof; That if ^"7 j»r;riMTi II Cr. perfon or pCrfons henceforth, either on tlie Sstlerday night, or on the ()in.>r>e?»fitr Lords day-night, after the Sun is fet, fhall be found fportiag in the ftreets ^"" '^' or fields of ^ay Town in this JurifdiOion, Drinking, or teing in any Houfe of pubtick Entertainment ( iinlefs Strarrgeis or Sojourners in their Lodgings) and cannot give a fatisfaflory Reafon to ftich MagifVrate or p^na't? Commiffioncr in the fevefal Towns as fhall have Vhe cognizance thereof: Every fuch perfon .fo found complained of^ and proved Iranfgrcnin^, fhall pay pve fhiHtngs for every fuch Traofgreffiorr, or fnffer Corporal pimii'h- ment as Aulhonty aforefaid fhall determine. [ i6ssr\ THis Court being fenfhle, that through the wicked fralfifes of mAny pevfons, vhodo\.rophane Gods iioly Sablaths, and contemn the puhl/ck^ Worfjij) of his Hoitfe, the Name of God is greatly difhonoured, and the Trofeffion of hi! Peo- ple here gr<:c.tly.fcand.^iit.(d, as tending to all Trophansnefs and Irrdi^idu ; ^s alfo Ihatyy/eafinj of the late Order of Odob. 20. 166}. remitting the fines im- pofed orifucli to the ufe of thefeveral. Towns , the J^.ws mrde for reclaiming fuc^i Xyiormties are become ineffeitualy I)o therefore Order andBiaft ; That henceforth all fiqes impofed accordinjf to J^w for PcoplianationoftheSabWh, Cop.temptor Negleilof Gotis pub- Ihik Worfhip, Reproaching of the Laws, and Authority here EftaliJifheA according to His Majefties Charter, (hall be to the u\\ of the fever?! '\i'fln<'sfor Counties, as formerly ; Any thing in the abovefaid Law to the contrary f^'IS" t not with Itaoding. And in cafe any oerfon or perfons fo fentenced, do r\r^\if\ ffTi'-fy lo ^ orrcfufeiopay fuch Fine or Mukis' as fhall be legally impofed on them, or 'j^^'" <^°"'""^ give Sccur.ty in Court to the Treafurcr for payment thereof, every fuch perfon or perfons fo refufing-or neglefling to fubmit to the Courts Sentence, fhall for fuch hi.5 Contcnpt be Corporally punifhed, according zz the Court that hath cognizance of the cafe fhnll determine: And where any are Corpj^j. fine, and for every ofl'ence after tobcdouWedj and in cafe the offence herein be circumftanced witli Frophanefs, or high handed Prefumption, the penalty is to be augmefrted at the difcretion of the Judges. jis an addition to the Lave, for pcietitm^ 'P)Opb/i:ii;i£ the Sabbath day, by domg ftrvile -n-ork.'. This Court doth Order j That whatfoever pctfon in this Jurifdiflion lliall Travail upon the Lords-day, cither on Hotfc back or on Poor, or by Boats, from, or out of their own Town, to any unlav/ful Affembly or Mecung, not allowed by Law- arc liereliy declared to "be "Prophaners of the Sabbath, and fhallbe provided againft as the perfons that Prophanc ihe Lords-day, by doing Icrvile v/ork. C i^^^-^ SAILERS. _ ^TVjJiffcas ynany M'>fcaYr\a.ges are ccmmhted'by Saylers, by their irH- J^.2.r. ^' Y y ynoderat: Drinking, ana other, ■vain expencd m Ordi>jaries, which vftcntimes occafons ■prejudica and damage to the Maker's and Owners of the yefj'els to vehich they belong, thdr rmnbeing ofttnUmes y^nejJt-dfor Debts to made vcben thar 3i':ps are ready to fet farU :, For Trtvmticn whereof; It is Ordered oy this Court and ihe Authority thereof; That no Innc- keeper, VKflualler or other, Seller of Wine, Peer or -Strong Liouors, fhail after publication hereof, Arrcft, Attach, or recover by Law, any Debt or" Debts fo made by any Sayler or 6aylors as aforefaid, except (he Maftcr or Owner of fuch 5hip or VclTel to whom fuch Saylers belongs, have gi- ven under his hand to difcharge the farnc ■■, Any Law, Ufe or Cuftomc to the contrary notwithftandmg. S ji LT Upon hfcmatkn given to this Court of great et^ma^e accruing, both (O Merehjrtts and otheis^ by r^afon vo meet prfom art appointed for io meafure Salt from [uch Ship as arrive m cur f^veral Harbours; This Salt-Pater. Seal-Fuhlick. ijj This Court doth therefore Order and £n&C\; That there fhaii be m every Maritime Town, within, this JurifdiOion, one meet pcrfon ap- pointed by t"he Tov/n from time to time, who /hall dih'gcntiv attend this ffrv)cc, upon due notice given by cither party concerned therein; and ^•'♦^ober the fame truely and faithfully to difcharge, for wTiich he fliall be alioufd '^"'"^ ihrte half ^ence for eveiy Hogfhead, the one half to be paid by the "Buvcr and the other balf by the Seller; And what Ma/lers of Ships or other VefTeb, or Merchants, (hali fail in the obfcrvation of this Order, he or they (liali forfeit to the Country iwo piilliytp for every Tunnc fo difpofcd of, ynlefs the parlies fhallolhcr- wife a^ree. 5 >rf /. r~P BETE •XT'XjHereas this Court hath F.nemragfd and tAuthor'it.i'J fme Terfoas x \ tn make Gun- Powder, and have pronitjed to enable them thereunto, by fueh Publkk^and Necejfarj/ Orders as may conduce to the cffe6mg the Junie -, The coiifideration \A'hercof hath moved the Court hereby to Ordcrand Enaft, Tt^n the Select: lii en of every Toun (where the Powder maker? '^''^'/^^'Tj"// Authorized by this Court fbal! defire it) be Authorized and Required wturrr'rwity to Tiereby to make and execute fueh Orders in their refpe(f)ive Towns as r^j^y.'s.-*^"' they fhall judgde meet'(with the advice of skilful performs) for inereafmg and procuring of Salt- Peeler,' ahd to impofc flfeh. penalties as the Seie(f\- men fhall fee meet; not exceeding ten jUill'mgs for one offence, upon all pcrfons that fha)I negle to l^ecp men from the kvowhdge of tie Sen^tme-y us w former ttmif, I;ee-pw^ them in uv\mwji Ton^ues^ fo in. theje latter times., hy pcrjvjr&ng from the t^ of Yon^ues^ thai fo atleafi the true ftMfe and r^eav'mg of .the Original mt^U br chudm a»d eamif>ic3 vpith falfe gloffes of Deceivers 1 i6 the end thai Zearnmg r^ay not k buried in- the Graves of our fore Faibefs, :n Church and Crovmoi^wetillby the Lord. a[^ fling our eyidefivWi ; Schools In towrfs i[ is thercfoie OrJered bv this Cour'J and Authority fherecfj That eve- ofjoFaniiiiei ^.^ j^^^ ^^^ v/itbia this Jurift]i(f^ion, after-the Lord ha tb increafed them. to the number of fifiy Houfe holders, ftiali then forthwith appoint one •within their Towas,to teach all fuch Children as fhalireforr to him to Write ksw maintained and Read, "w"hofe Wages thai) te paid ciihcr by the Parents or Mafters of fuch Children, or Ijy the Inhabitants In general, by way of fuppty, as the major part of thofe that Order the prudcntifils of the Town fhall ap- point^ Provided tJnat thofe wTiich fend their Children "be not oppr€(red by paying much more then they can have them taught for in other Towns.- eraniitiar fchooi j. And it IS further Ordered, That where any Town, fhail incrcafe to the n'jmijer of cmhundrei Families or Houfe-holders, they fhall fet up a CVuTnmar 'School, the Mafter thereof being able to ItifbfuA Youth fo far Towns nciua, as th"y ihny he fitted for the Univerfity. And if any Town negledt the ioDZ'iiU per' perfcrmance hereof above one year, ih^n every fuch Town fhall psy Jive cfewi^' founds p£r Jnrjwn to the next fuch School, till they fhall perform this OtUx. A.t4:P.t, 3 F'f^af^iMh cu it^catly concerns the welfare of this Cnurjtryj that the YoutH AiiTCjfJ^ £duc^ed^ not crdy mgcod, Litter ature, but infoun^ DoOrim; iTrtrodox jtiis Court doth theftfoie commend it to rbe fcrious confrdcration,and nol'^oL'^i'"" fpecis! care of our Overfccrs of the Colledge, and the Selesfl men in the lowed feveral Towns, not to admit or fuffer any fuch to be continued in the Office or Place cf Teaching, Idncating or InftfiKfling Youth or Children, in the Colledge or Sc>iools, that have manlfcAed Ihemfelves vinfound in the Faith, or fcan^alous in their Lives, and have not given fatisfaiftion ac- cording to the Rufes of Clirift. whereof Ssl/Murrber. Sheep i?7 WHcTfiit the La-M reqir.re: every Torn rmfijihi^ c/ ore nundred Fa- milies or uj'tparels 20 fit up a Grammar School and appoint a M^iOtr thereof J able' to inJlntS Tculh, fo as to fit than fcr tk: Colled ge; and upm negleh thereof the {aid T'>wn n to fay iive pounds fcr jir,mi>-A to tht vext .Latin Schvo!, unlil the)- Pia/l f'tfonn tbnt Order -^ ^ ^^^ The Court upon weighty Rcafons judge meet to Declare nnd Craer; jc'i'/oT'o v- i* That every Tow:i of one Hundred Families and upwards, that fhali negleO t^wniof io« or omit to keep a Grammar Sehccl^ as is provided in that Law, fuch Towns flial! pay te» fcv.iids per yinimtn unto the next Town 5cliool that is fettled according to thai haw. [ ,6jj. J S E L F-M V Jl T H Z R. TJits Court eonfidering how far Sa^an doth prevail upon Jevcral perfc-ni within this Jip^ifdiOfon, to make away themfdres, judgeth that Odd taOs them to hear teflimony a^ainjl fiicb meked and unnatural fraliifci , thai ethers may be deterred tberefro/n-j Do therefore Order, That from ncnceforth, if any perron Inhabitant or Scifmordtrin* Stranger, fhal! at any time be found by any Jury to lay violent hands on uomjIs'^'""^ ihemfdvcs, or be wilfully guilty of their own Death, every fucb pcrfcn Ihall be denied the oriviled^e of being Buried in the Common Burving place of Chriftians, out fha!I be Buried in fome Common Highway wiicre ihc Seledi-mcn of the Town where fuch perfon did intabii fnall appoint and a Cart-load of Stones laid upon the Grave as a Brand of Infamv and as a warning to others to beware of the like Damnable pradlifes. [■/^f^cl SHEEP. WHereas the keefin^ of Sheep tends much to the benefit cf the Cofinhy^ and may in jhcrt time make ^ocd fufply towards the chathmr, af 'he Mabilams if carefully {referred ; aod for/ifmuch at al! places are not fi cna ^ "^ ^ ' ' ^' cmvcnient for that f.-jr,' ; It is Ordered by X\i.s Court; That henceforth it fnall be lawfuI for any <■=''"■'>♦" Vo iiun to keep Sheep on any Common, be it for Cows, Oxen crotherwife, rc'^:;«" bcloi^giiig to thr T:r'n where he !ivc;, or whrre at that time he may pv.rvcrror Osive Kigl^t of Common and that without limitation, in Commons not on^coi* llinfcd, and in fuch Commons that are flinted, it fhail be lawful fcr any Inhabirant to ufe any 01 all his proportioi; of Common for She«p, ac ^' CQunlwig 3^8 ships, SbiyCarpemtrL counting five Sheep for one Cow, Srccr or Oxe ; and Curtlier, it fliall be /l.jS.p.ti. la^vjul lor the Sckit-men of every Town from time to time, romskcructi aric«.,^r„,o Ordeii la their refpeaive Tovi/ns, for the clearing of thetr Commons ok t,rdM.ifi.rinK Vi'ood and Brufh, for keeping of Sheep, as alfo lor the fines ol putting aVepTpXrc"' Rams to then Flocks, as they {hall judge meet. 2. It is further Ordered j That if any man (hai! courfe Sheep with a Dog, or oihcrwifc molcft them, by driving them from their feeding, he ri'4-p''tob? ^lall pay five pnlimg$ for every fuch offence, befides double damages, and h.nged if any dog (hall kill any fheep, the Owner ftiall cither hang fuch dog, or pay double damages for the ftieep, and if any dog hath been feen to courfe or bite Sheep before, not being fet on, and his Owner hath had nodce thereof, then he (hai! both hang his dog, and pay for fuch Sheep as he fhall cither bice or kill ; And if in luch caie he fhall refufe to hang his dog, then the Con- ftablcoftheTown upon notice thereof, ihail forthwith caufe it to be done. ^ 3. Tr is further Ordered^ That all Owners of Sheep, who (hall put cdt.'Vo^^fcTr!!! their Wool fo fale, fha.'l, and hereby are enjoyncd yearly to wafh theif Sheep in clear water . not being either fait, biackifh or dirty, and fhall u^oMsobemaJe take care they be not kept in dirty or fandy Ground, betwtcn the time up clean q{ wafhiog and lliearing^ And in making up the Fleeces to take care no fhort Locks, Lutnps of dirt, or courft: Tails be wound Hp therein, upon the penalty of forfeiture of twelve ^cnce a Sheep for all and every defcft afotefaid. [_t£4Si SSr J^'J vv ShipSy Ship-Carpentm. Hereas the huiW'ig cf Ships u a bufmfs 0/ ^reat Importance for the Common good, and therefore fuitable care ought to be tak^n-, that it he well performed^ .iccorditig to the commeyidable courfe of England and other places ; ^oinud't" ?!£« ^^ '^ therefore Ordered by this Court and the Authority thereof j aiiniips That when any Ship is to be Built within this Jurifdi^ion, or any Vcflel iniji!d:nfl afovc thirty Tunns, the OwncT, or Builder in his abfcncc, iTiall before they btfgin to Plank, repair to the Governour or Deputy Governour, or any two Magiftratcs, upon the penalty oi ten founds, v^ho fhall appoint fome able man to furvey the Work and Workmen from time to time , as is iifual in EndoTid, and the fame To appointed, (hall have fuch liberty and power as belongs to his Office. r.be;rpo*rt And if any Ship-Carpenter fhall not upon his Advice, Reform and A- mend any thing which he fiiall finde to be aniifs, then upon complaint to tlic Governour, or Deputy GiAcrnour, or any two Magiftrates, they (hall appoint two of the mcft fufficicnt Ship- Carpenters of tljis Jurifdid^ion, and fhall Authorize them from time to time, as need fhall require, to take view cf every fucli Ship and all works thereto belonging, and to fee that it be perfcrmciJ and carried en according to the Ruks of their Arf. (,,t(, And for thij end aa Oath fliall be Admanftrcd to them, to be faithful and Shipping, 1., 9 ' — _^__-_^ . — .,_ . and indifferent oety/cen the Owner and the Workman, and their charges ftiall "be born by fach as Ihall Lc found in dcfauir: Cv And thofe Viev>.-eri flial! have power ro caufe any bad Timbers, or other infufficienc Work or Materials tote taken out and amended at the charge of them through wiiofc default it grows. [ '^-^'> '*/'• J 2. It is Oracrcd by the Authority of this Court-, That all Ships which Come for Trading only from other parts, fhall have free accefs into our Veteaka- Harbours, and quiet Riding there, and (ree liberty to depart without any niolcftation by us, t1iey paying all fuch dunes and charges required by Law in the Country, as otiiers do. \_ i64s- J T '//« Court havmj perufed itnd cvnfidcred the Letlnr receded from his ^■/ajejlics mofi Jiomurable Privy Council^ dated the 24 of June laft, Tclatrng to an ny^d of Parlinnitnt^ fntitukd. An A(ft for the Encouraging and Increafing of Shipping and Navigation j yis a» ^dditioit and Expla- nation of former Orders made by this Court corxevuin^ tbefe yJffeirs- It is hereby Ordered and Enaiftcd; That the feve'ral Officers hereafter o"^'''^' '*"'«< mentioned, arc hereby Deputed and Authorized to fee that the faid Adt fliirpi's"'"^ be perfoiiiicd, To far as it concerns the Government of this Plantation, both in fcizing Ships or VcfTels inhibibited by the faid Atft to Trade here faking Bonds of ail Ships and VefTels thatT.ades in our Ports any Com-- inodiiics cxprt|]ed in the faid AX(ikti R^ '•^ ^^^° Enacled by the Authority of this Court; That no Maflets of &c inilui'., or -"^ ships, or Seamen, having their Veffels Riding within any of our Har- 'i'^"'^* bours in this JurifdiOion, fhall prefumc to Drink Healths, or fufFer any Healths to be drunk within their VcfTels by day or night, or to fhcotoff any Gun after the Day-light is pafi-, or on the Sabbath day, on penalty for every Health twenty fin llmgs, and for every Gun fo (hot twenty fi}il- lings. And the Captain of the Ca(t!e is hereby enjoyncd to give QOdce of this Order to all Ships that pafs by the Caftlc. \_i66^.'] IT is Ordered by this Court and the Authority thereof; Thar all Ships and VefTcIs above Txrmiy Turn, that Trade within our Ports belonging Sh.pjof fuidcn to Other places; or that the greater part of the Owners thereof, arc not ]°ol7i oVpoiv- Inhabitants of this jurifditftion, fhall pay half a pound of Gun powder, JcrsheTun ^r the full vakic thereof in money, for every Tun of Burthen they are of, every Voyage they make hither, towards Provifions for Fublick Fortifi- cations, which is to be paid to the perfons hcrea/ter named, or to whom they fhall Depute under their hands. »For the Ports of Bojlon and Charls-tcxvn Major General Zero ff. For Sdlem and Marble-head, Major William Hatiiireni. For Pa^catac[ua River, Mr. Richard Cults. And in cafe if M.ifter or Gonimander of any fitch Ships or VcHcIs fliall TCfufe upon Demand to pay the fame, it fliall be lawful for the faid Gentlemen, or any one of thcn\ to fend forth their VVatrants to any MarOial or CcnAable, to Diftrein upon the Good-; pf fuch Ma(ler or Commander, or on an^ of the Appvrtincncies of thc't Vcfi'els for the fame, with the charges thereof; And the Gcntlrmcn appointed as aforc- faid, Hiall b.- accountubie to the General Co'nr when called thereunto, for what they fl'all receive by virtue of this Order, Jnd are to deliver the Powdfr or Money they have in their Hands once every year or oftcncr \into the Surveyor General, cxctpti:;g one Jhilling out of every tventyptl- Imp they fhall receive:, whi' h Tnall be allowed thc;n for Dcftaying their nece/Tary charges thereabout. [_i667.^ spinning. 14-1 TO ■prevent Cahimny, Reproach rifid frejuSce to Ihii Colony and the In- habilanis^ and I'rade iherfof\ , It is Ordered ; That no pcrfon fhall henceforth Trade or Truck with fJ/JVcrbS^ any VefTcl that ftiall Arrive upon our Coaft, unril the fame fhalt come'bfforei>ip linder command, and ride in our ufual Harbours, and have acknov/led^cd j|^'J;]^!2g«i''* ihe Cjovernment as the Law provides, upon the penakies of a!l fuch Goods Traded, and fuch further punishment as the Court of AfTiftanls (hall adjudge. [[ i670.'\ S T 1 N N I N O^ TH'ts Court taking into Jtrious Confideratkn ihe pefent flrei^hls and ne. ccffrhes of the Country, in rcfpeff of Cloaihin^, which is not hhe to he j jyp.n, fo plentifully fupphed from forreign parts as in times pajl, and not h'.min^ ' ' CM/ betlcr vcny or means cdnduceable to our fubftjl; tnen. Girls and Boyes, (hall and hereby are enjoyned to Spin according ly i^"!') ^pm to their skill and ability ; and that the Seleft men in every Town do confider the condition and capacity of every family, and accordingly do affefs them at one or more Spinners ; ay^nd becaufe feveral Families are necejfarily imployed ihe greatefl pad of their time in other bufinefe, yd if opforluniiies were attended, fame time tnijlhl befpared, at leafl by fome of fheni for this v^or^:^ The !^id Se]eO. Men fhall therefore Affefs fuch Families at half and quarter Spinners, according to their capacities. And every one thus aforefaid, for a whole 6pinncr, fliall for time fo come, 6'pin every Year for thirty \A'eek5, three pound a WeeJioflmnen, Cotton or Woollen, and fo proportionably for half and quarter Spirnop, under the penalty of twelve pence a pound ftiorr. Ard the Seleft Men Oiall take fpeoial care for the Bxecution of the Order, which may eafily be cfre(ned by dividing their feveral Towns into , '*"> /*'> he, &CC. parts, and to appoint one of the ten, fix or fve, &ic. to take an account of their Divifions, and to ccrtifie the Selefl Men, if any be defedive in what they are Adefrcd, who (hall improve the penalties impofed on fuch as are negligent, for the encouragement of thofe thai are diligent in this wo/k, C"^//-] K" k Sirayes^ Strayes. 14a -^ S r R AT E S. 1 d ^ r 3 TT Is Orclercd by this Court and the Authonty thereof; Thatwlicfofver fo'^iyTnot^cHo j f]iall take up any Stray Beaft, or finde any Goods Joft, wliereof the ihtCcnii. infry Q^j^^r J5 not knov/n, he fhall give notice thsreof tc the Coaflabie of the fame Town, witlun fix dayc-s, who fhall enter the fame in a Book, and taiA'itbin isn mths, upon paia that the party fo finding, and the fai^ Conflable having fi'ch notice and faihng to do as is hei-e appointed^ to forfeit cither of them for fuch dcfaqlt, one third part of the value of fuch Stray or loH Goodf,? And if ihe finder (hall not give notice as aforefaid, within one Month, PMjtT ncc'Ird or if be keep it more then three Months and fliall.nol apprize it by in- lofi goods different men, and alfo Record it ■with the lRecor(;er of the County Coi/)t wlsere it is fourxi, he fliall' then forfeit the fu)| value Ihtveof: And if fhe Owner appeareth within ohe Year after fuch Pi»b!ication,he ^""faTi^ii^e ^^" "^^^^ reftilution of the fame, or the value tho'eof, paying all neeef- ^Jnerappeaf igry charges, and to the Conftable for his care and pains, as one of the in oyear ^^^^ Magiftfatcs, Of the tt>ree CommiiHoDers of the Tov/n fhal! adjudge, And if no Owne? appear within the time prefixed, the faid Stray or loft Goods fhall te to she ufe of the finder, paying to the Conftable ten pit- Uh't's, or the fifth part of the valoe of fuch Stray or loft Goods, at the findsrs choice. And it is Ordered^ Tbatevcry fuch finder (ball put and keep from time stiaybeaftio ^jj^g a Wyth o? Wreath aboat the neclcjof every fuch Stray J3eaft \vith- v!>Lu&V' in oneMoneth after fuch finding, upori perially of loofing all his charges that fl.ail arife about it afterVvards, (^rov^ided iTjat r^o perfon 0]a\\ from ihe firft of Jpril to the twentieth of Decemler, take up ariy Horfe Gel- ding or Mare for a Stray, or account or ufe tlicm as StraycP, though, ihe wSo'^tlking Ovtn^t thereof te not knowh ; unlefs 'it be taken Pamage feizant m in- av^jy the bcaft clofores) Provided alfo, that if any Owner or other, fliall fake off fm-h urfyi ih=<'a)ue ^^^j^ ^^ Wreath, or take away fuch BeafV before he hath difchargfed ac- cording to thi:, Order, he fhall forfeit the full value of the thing" (appii red as afore(uid) to the ufe of the ftnder. T, f ^4-7-3 AS an aAMilhn and Ixplaytathn of the Law tif. Strayes; This Court .fnJtug thai feverd tuco'ivemences and troubles do arife about Strayes^ Clicfltel and tjct^ts,^ 8cz. and ihat the tempiation may he too ^reai or. fome Addil'oa to ihc ysxjbm in remote Towns and t'arms^ to take up Chattel^ biC.^and.maks Lav/of iTta'cs- Q^^^ygg J.J jfjgffj^ jyg .^luji lenejU redounding to themfd'Vesy This Court doth Order for the tlhie to come, That all Strayce fhall fje ToVcryeJio firfl .crycci in that Town of which they have the -Brand-mark; And that "''lAUcvhave a" fu'^il S'rrayes and other loft Goods contained in the faid Law, fhall be tiie'traRd tarK entrc<3 with the County Tlecorder in each County, and by him transferred io Slra»£erS. ja7 to the Country Treafurtf within one Mcneth; and in cafe Ifie faid Goods t. v, , . . anci Strayes aie not owned within one year^ as is therein exprefTcd, then f'l'iiHe «ftor. V.ie one half, or t)ie value of one half fhall be to the ufe of the Country, ^"^'•'^ •iowi^ and the ofher lull' to the finder, the charges being firfl paid out of the' wairiaDp whole £/ all fuch Attachments, whether on perfons or Eftatcs, with Sureties, fhall leafed te releafed and void in Law; any Law, Ufage or Cuflome to thccontraiy notv/ithftanding : unlefs the Court that grant?d the judgement fhall fee caufe to give further tixne^ and rcfpit of Execution in any particular cafe. Smaring and Curfing. IT is Ordered by this Court and Authority thereof; That if any perfon within this Jurifdiaton, fhall Swear lafhly or vainly by the Holy Name of Swinc. '4J of Gort, or other Oath, he thall forfeit to the Common Tfeifury for eve- s«£s>,og ,c t. ry fuch offence fen fnillm^j; and it Omll be in the power of any Magi- ftratc, by vMrr9r>k to the Conflebl?, to er.ll fuch pcrfon before T)im, and opon fuflicient proof lo fentense fuch offinder, and to give Ordertoiezvie ^^,,n„(,gji^ ihe Tint; andifr-ochperfonlienotcble, orfhall refufe to pay the faid fine, he fhall be commnied to the Stocked for Prophanc and Wicked Curfmg of any Terfon or Creature, and for the multiplying the fame, ar: is ap- pointed for prophanc Swearing-, and in cafe any perfon fo ofiVnding, by multiplym^ Oaths or Curfmg, fhall not pay "hJs or their fines' forthwilh, ,j^pp,-g,!„ r„f thev fhall be whipt or committed fo Prifon tiil they ft|all pay the fame, cCr.ig at fhe difcretion of the Coun or M&gi.lrate that fhall have cognizance ihereof. S.W I N e. IT is Ordered by this Court and the Authority thereof; That every jjcSt m^n in Town fhip within this Jurifdiaion, or the Sele^-mcn thereof, are im-- *\Vvn°l^'^s*'' powred r.nd hereby required from time to time, to mr.kc Orders for pre ty 5wirr venting all harms by Swinc, in Corn, Mtr.dows, Paftures and Gardens, as alfo all danger to Children or elder perfons in any refpcfls by Swine, and to impofe penalties according- to their beft difcretion, ?,nd to appoint one of their inhabitants, by Warrant under the hands of the Sc- le^ft-ttien , or the Conftabic wlitre no Sele<;t-men arc, to Icavic fuch finer .ind penalties; and if any perfon cbofcn to fee the Execution of yi.iSjS. this Order, fhall ntglert or rcfufc the fame, he fhnll forfeit five founds, the one hilf to the To^vn, the other half to the party that accepts the place, and perfornns his duty therein. 1 eAtiil where Town: JScrdcr ench it^ou othey, whofe OritYS it may he 4)re r/arious-^ SatisfaOion fhall be made for harms done by Swine, accordmg to the ^^^^^ Orders of the Town wliere the damage is dor.j. piT/c'o^a.Qg But if the Swine be Hinged and YoaLcJ, or otherwife, as the Orders '/J,'^^^°*'','t'is of the Town to which they belong, doth requ.. e, then where no Fence is, aone or that it be infufficienr, through which the fiwine come to Trefpafs, ti\e Owner of the Land or Peace (nail bear all damages. And it is hereby Declared-, Thot all fences made of Stone, Pales. Rails, Rivers, Creeks, or any other Fences which arc allowed (by fuch TJ^^""" men as are appointed in the feveral Towns to view Fences) to be fulTl. cleat agai'nft great Cattle, (hall be held and accounted fuf&cfcnt ti^\n(t ji.ji.]^.^ L I \)wine 1-1 Afnm-lh., j,nd turned over in the \afi and flrjl M IT is Ordered by this Court; That no man f})al| lak:e any Tobacco Within twenty* Poles of cny Houfe, or fo qear" asmay mdangcr Ihefame, or near any Barn, Corn, or Hay cock, as may occafion the finng thereof, upon-pam of ten fKttHin^s for every fuch offence, befides full Tj^ecomperjce of all Damages -done l>y menns thereof; Nor fFjall aay take Tobacco in any ^nnc or conimon V cfiual Houfe, except in a private Room there, fo ns^ r^eilher the Mafter of the fa'd Houfe, nor any other Gueft there Ifiall toke offence thei^at, wFiic'n if any do, Ihen fuch perfon fha'l forthv.'ilh fobear, upon pain o[ two jhtlhrfi fx pence for every fuch offence. And all fines incurred by thi'jXaw, the one "half part (tiall be to the ((rformerj the oihci to the Poor of the Town where the offence is done. C'^i*, 47 2 'Iollin£ of Cattle. Tov/n-pi't^i. 147 7'olling cf Cattle. FOr the prevention of Felhnious jraflifes ^rovnn^ upon us^ ]ry Sfealing of Jiuife-l^inde, and ether Neat Cattle^ ana felling them as then own ^ It is Ordered by tins Court and the Authority thereof, That there fhall be a Toll Uook kept in every Town by the Clerk of the V»/ritts, where- in all Horfe-kincle, and other Cafttc as aforeTwid, bought of any pcrfon, fhall be Eiilr^\% wuh the-r Age, Colour and Marks, at the peril of the Buyer, -with the Name of the Seller; and fuch Seller (liall have two vou- chers to Teftifie the faid Seller to be the proper Owner of fuch Horfe- kinJe or other Cattle fo fold j or in cafe of Horfe-kiode or CatUe fofold, fhall be cbalienged by any other pcrfon, the Vouchers in caTe of the elcape of the Seller, fliall be liable to all damages that fhaU arife there- upon: And the Clerk of the >A^ritt3 (bail have three pe^ice of thi. Buyer, for entring every fueh llorre-kindf, or Meat Cattle; And if any Horie- kinde, or other Cattle as afcrcfaid, fo bought by any pcrfon be not Toll d, nor Sellers, nor Vouchers found, upon challenge of any fuch Cattle, the faid Buyer (hall be liable to all Damages, a.s the Felon himfelf I'hould be were he prefcn:; And any peilon or perfons having lolt any Horfe kmdc, or other Aich Cattle, fliail have free libeity to fearch any Toll Book in any Town, in any fuch cafe. [^ i66».'^ row N-S H I p. ^/\Tt-^creas pirlkuiar Yorvnt have many fhtngs vphi^h concern ofisly V ihemfdves and the Ordering their own ejfa'ns, and diff^ftn^ofhupnefs ^■^i-^"' in their own Town ; It IS therefore Ordered, That the Freemen cf every Town, with fuch others as arc allowed, or ibe major part of them, fliall have power to rowj; (»*" lo difpofe of their own Lands and Woods, with all the Pri/iledges and Ap- «!ifpef« «-«nat purtenancea of the faid Tov/r.s,to grant Lots, and aifo to chufc their own particular Officers, asConriables,Surveyorii for the High -A'ayes, and the like An^Li'dlly, or olhcrv/ifc as need retjuires; ArJto make fuch Laws and Con- ci|os(c offKcrs Rttiilions as may concern the welfare of iLeir Town; FrovMed they Ije nor of a Criminal, tut of a Prudential nature, and that their penalties ex- ceed not twenty fhnings for one offence, and that they be not Repugnant to the publick JLaw« and Orders of the Country. Tonakc Oid.ts And if any Inhabitant (hall negicifl or rcfjfe to obfcrvc them, th:y fhall have power to Icavie the appointed penalty "by plftrefs. And if any m,j;i fliatl behave h.mfclf offenfively at any TO'vn-mceting, the reft then prefenl (ItqII have power to Seriience him for fuch offenee, fo ai' the penalty exceed not tvaenty fhiOm£S. L 1 2 2.. Aill 7-^8 Town-Jhip!. 2. And every Town fhip hath power to chufc yearly, or for leTs n'mc, a ccnvehient number of fit men to order tlic planting, and prudential Af- fairs of th.cii Towns, accorJing to inftrud^ion given them in Wririnj^, ■Tociioorc Si- Provided nothing be done by them contrary to the Laws and Orders of the Country, Provided alfo that the number of the Seleids and DifcfpHne^ and the fame you art to return to ihe next Cbtirt to he held d on ihc day of and hereof you are to make a true RduTK under your hand, and vof lo fcjle. VV, rHere/K in thB Law tit. Town -f^ipi, The feveral Towni, and SekS-~ . , ntcn of tfje jaid T'ovms^ la^e power to impofe Penalices as ihe Znw dhe/fsy ty4»d whereat many Confiahks queflion v?het'hcT rl be Hietr Duty to fer^e iVrif rants froM the Seled-men for Pcrfiys to appear hefore them, and io (eavte pncs: Tor the removal of filch Douhts-j as an Jddilm to tit e f aid, iMwy This Cotirt doth OiHer and Require; That all Conftables Tefpc(fiivcly, {hall fcrv'e all VVarranb from the Sele Legacies, "Rents, Cuftomv, In politioos or othei'wifej as by Whales, So'p wracks, and 'bing^ of like nature, wheve the OsvTier "is not known, and tfie Country fnay elsfm a Privilec/g'« or Common KighiuVito, as alfo of all his paynients aod difburfemenls for the Coimtnesiile, vjhicTi he fhall not ma"ke but by virtue of fomc fetHed Cuflome, Law or Order of tTiis Court, or by fpccia! Order of tfiis Court, or of the Council, nor fhall he make any Paytnent to any perfon Indebted to the Country till fuch perfon eitlier pay his Debt, or defaullt fo much as is due lo Ihe Country . 2. And it Is further Ordered ; That hejiceforth thero fhati be Treaft;- ^.f4-p-2- ^gyg Annually cliofen in every County "by the Freemen thereot", who ihall caim\j Ti<;,ini. give in their Votes jn ench Town, on t?ie day of Voting for >Jomination .^r, IiotjcWen ^f j/iggiftratcs, whJch fhall be rent fcaled up by the fame perfon to the Shire-meeting, and there openei! before the Commiffioners, who (had cer- tifie the County Courts un^?r their han3.9, the hJameof the perfon chofen, Uocierkof Provided no Clerk or Recortrec of any County Court (hail be chofen ccurf tobe 'freafurer for the County. «a urer ^^^^ the faid Treafurcrs, fhall fjom fime to time, keep exaci and j)errett Book of Accompts of all Traiifadiotjs of the Coumj, and parti- culsrly hi Tn!*fureri. i^l cularly of ail Debts and Dues belonging to Che County, timer by For- feits, Fihe6j Rat-^, Guiffs, Legacies, "Rents, Culiornes oi cthi-rwjfe, as aifo all his Dirbiirfemtnls for the Charges of the Counly Courts, 'Shire CoiJuiiKuoners, with all' other pecvili«rc>jarges of Ihe County u-hich he Ai^H Jf^P-)^', pay by Order of the County Court, except the Iwenljf poufidt due to the Ma- coi^fy " )f)r of the Regiment, for the year 0/ pubhck exercik, which i^ifilJ be paid by the Country Trearui cr as heretofore. 7,. And it is Ordered ; "Diat all fines artfmg in any County Court, or by Orcier of one Magillrate or Commiflioncrs impowred in Criminal Cs.- f>^-f9. fes, liiaH ffom time to time be paid in to the Trcafnrer of ifhat County whrre the Delinquent party doth dwell, except only wlicre any perfon \'r\l^c^"r.\i'^ (hall be taken in the manner, anri immrdiateiy confured by Authority in* **"*''*^* '■'""' any other County where fuch offence is committed. '' 4.. It is Ordered; That the Secretary of the General Court and Court cierk.of courts of Afliftants, and the Clerk or Recorder of. every County Court, (hnll *oic»cp Ac- keep Uook^ of Aecompt. of all Dues arifmg within !hc cog^nizance of I he *^"*'' refpeOive Courts, "by Entry of Afticne, Fines or otherwiTe; as alfo a true accoont of the Fees of the Officers and other charges of f"he Cctirt •which belongs to the rcfpeftive Treafarers tofafisfic; and vvilhm fcurfeen toctftiCc n,* daycs after the end of eveiy Court, the faid Secretary and Clerk, fhall de- Dt'tfioT'l'" liver to the refpodive Treafurerr, a true Tianreript of all Fines aad othet * ""* dues, payable to the Country or County, and the* faid Treasurers fhall "'■"^f'^erioor within one week after the Receipt of fuch Tranfcnpt, direft his Warrant ^y"^'"*"" to the Marlhal or Conflable for ihc leavying thereof. And rf any Trcafnrer, Secretary, Marfhal or Conftable, make defa\ilt hctein, he fhall fulFer the penalty of making good all Damage iliat fhall come thereby. And every Treafurer, for his pains and fervice, is allowed m? pnll'mp. TresfaliowEnra in the pound of all fines received by liim, and to be free from all Coun- try ancl County Rates . And all Treasurers are hereby enjoyned once every year, to give an ac- Toji/fa m-ij count of all their Tranfaftions ; the Country Treafurcr (o the General ''"""M " Court, or to fuch as the faid Court fliall appoint, and prefent the fame at the Court of Ehtlion yearly. And the County Treafurers fhall Iikewife yearly prefent their AccomptB co.rt coun to the County Courts; and if there be not enough m the Treafurers toZd y7"s hands to fatisfic the charges of the County, the faid County Court fhaJI l?. dl'r'ls.^'^'^ give Warrant to leavie the Airears upoa the whole County' by Rate, to ' "**^ bo leavicd upon each Town and Perfon (except fuch as arc Rate-free) in proportion with the County Rat£ next bofore going, to be colleOed by (he Conflablts of each Town, who arc hertby enjoyned, to attend tJie fame, [ ,^4-6, j4, //, >»-3 \J'\7 ^''"^^ f'^<^ -t^w tit. Treafurers, doth Ml fo fuHy explain it fclf y V as IS triended, in order to the Execution of the fame, mrefereitce to County Tre^rfurers ; Thii Court J)eclare; That the fame Power and DireiHions given fc the r m t Ccuntry Treafurer .n his pince, h Iikewife intended to the County Ti-ea- poUvffly IJuret m his Place and Limits; Por the better dijchar^t of his lUufi, and ihd e^jtry CoMh Ivtruflvd With tlie CottiBiHg cf OhfCjuniy XaTc, vihich doth net vilkfn hs year poV M tn z Hi jj2 Tryalr. Vagabonds-. in h'/s yefjic{Ine County T^cff, a»d maki vp bis jlrcomjfls with Ihe Xrea- furer from which be had hts Warrant fo to doj Such Conftable (hail, forfeit to the Co-anfy forij jhillingi for his negfedt, and be liable to dear his Accompts within (yo Months; and Jhot every County Treafurer rtiall pirefent (he Warned of fuch Conflgljles as fhall neg- \t(\ their duty \o the next Couniy Court; An3 that Corn cr other Goods paid in to the County Treafiirefs, fhall he at Jhe f<>me jififes'lhat rf)is Court fhail from time to time fet for ihe Country Rale; Any Cuftome or Ufsgelo the contrary notwithtlanding. {^1662,"^ r zr A L s. ■Nofaurebbe T T is Ordered; That all caufes between Party ancl party, fhall firft !« thfccr^couVt. •*■ tfy^f^ '" feme Inferiour Court; and that if Jhe parly agaitifl \vhom .the Judgement fhal! pafs, fhall have any new Evidence, or other newmat- ter to plead, he may dcfire a new Tryal in \\\z fame Court upon a Bill of Review. And if Jui^ice (hall noite done him upcnlhalTryal, hemay thsn come to this Coilrt for Relief. [ "^-f^.^ 2. It is Ordered, and by this Court Declared; That in all Aflions a/A/iScVo'r" of Law it fhal! be the (iberty of the Plaiutiffe and Defendant by mutual Jory confent to choofe whether they •will "be tryed hy the ]Bencl7, or by -the Bench and Jury, imlcfs it be where the Law upon juft reafon halh other- wife deteimined; 'the like lilaeity fbali be granted to all perfons in any Criminal cafe. 3. Alfo it (ball be in the liberty of bolh I'lainfifTe and Defendant Libetfy loctel. and likewife of every Delinquent lo be judged by a JioY; to challenge 'fuse any of the jurors, and it tht challenge be found jitft and rearonablchy the Bench oi' the left of 1hc jury, as the challenger Ihall ohoofe, it (hall be allowed him, and laks Je cirCuivJlanUbas Jmpannelled in their room. 4. Alfo Children, ldeots,X>J/lr3fled perfons, and all that are Stan- gers ot new com';TS to our Tlantation, fhall have fuch allcwances, and difpcn fa lions in any cafe, -whellier Crrminal or othcrsj as Heligson and Keafoa ret^uire. [_ ) 64-1 '2 VAGABONDS. tf/is Court heif}^ fer.flbk of the tnereajeofFropharjefsandlrreUgiouf^eff^ by reafon of the p^a^rcirA md f^a/uhond life af knJry ■perfotu, as ■well' InhahtMtts as JPonaigmrs-, that yii.:m(r from ihcir imr,th&^ Relations and Dwelling f^otes. Vfurj. J S3 Dwelling places, from Town to Town, trtrehy drawing away Children^ Ser- vants, and other perfuns, both younger and elder, from their lawful Callings And hnfloyments, and hardning fhe hearts of one another agamft nil Subje- flion to the "JRjiles of Gods Holy Word, and the £JlabUfhtd Laws of tbts Colony : u4H which to frevent ; This Court doth hereby Order atid Enad; That all fuch perrons, where ^ ^ ever they may be found in any place of ihis JuriWiftion, be Apprehended w,ao(iimg|>cf- by the Conftable of the faid place, vilh or without further Warrant, and '""* and brought before the next Magiftratej who if upon Examination, (hall finde them to bt fuch as do not give a good and fatisfacflcry account of fuch their Wandnng up and dovkr, they fhall proceed with and againft them as Rogues ana Vagabonds, and caufe them to be corporally puni- (hed, and fent fr.onx Conftable to Conftable, until they come to the place of their nbodc: Or in cafe they will not confefs where their abode is within this Co!ony., nor yet voluntarily depart out of the fame, then to be fent to the Hoiifc of Correction, there to remain until the next Court of that County. £1662 J V O T £ S. TT is Ordered, and by this Court Declared; That all and every Free- J man, and others Authorized by Law, called to give tiny Advice, Vote, Verdidt or Sentence in any Court, Council or Civil AlTembly, fhall have Liberrjof frcedome to do it according to their true Judgement and Confcience, fo ^°'^"* it be done orderly and in-offcnfively for the manner, and that in all cafes •wherein any Freeman or other is to give" his Vote, be tt in point of Ele- fiion, making Conftitutions and Orders, or pafling Sentence m any cafe oitobefiUnt of judicature, or the like; if he cannot fee Light or Rtafon to give itpo- fitively one way or other, he fhall have liberty to be filent, and not pref- fed to a determinate Vote,' which yet fhall be Interpreted and Accounted as if he Voted for the Negative. ^7''",^?":' And further that v;henlocvcr any thing is to be put to a Vote, and Sentence ''" to be Pronounced, or any other matter to be Propofcd, or Read in any Court or Aflembly, if the Prcfidcnt or Moderator (hall rcfufe to perform it, the major part of the Members of that Court or AlTembly, (hall have power to appoint any oth^r meet perfon to do it, and if there be juft caufe, to. punilh hi/n that (hould, and would not. [ 1 6^1. 3 V s V R r. IT is Ordered, Decreed, and by this Court Declared ; That no man fhall be adjudged for the mcu forbearance of any Debt, above fi^^iipoaw^/ irt tk fcM«ce for every fuch default, one half part whereof fhall be to the Sealer, and the other half to rhe Common Treafury, which the Sealer fhall have power to leavie by di- ilrefs from time to time. [ 1647.'] ^.yf. ' 1. This Court confidering the Complaints of fcveral j4buJeSj in Mea- fiiring Corn, Boards, and Cording of VVcod-^ Doth Order, That it fhail be in the power of the Seled men of every Town, to appoint one or two, or more as need fhall require, who fhall be ^^^^.^Zc^" fworn faithfully and uprightly, to Meafure all fuch Com, Wood or Boards, ■/'urci oftoin 05 thpy {hall bc Called unto; and that no man fhall be forced to receive *■'* any Com, Wood or Boards, (except they agree thereunto) but fuch as is Meafured by fiich perlon or perfons fo appointed and Sworn ; the parties receiving the Corn,V Vood or Boards, paying for the Me afuring thereof. / 6sj' Vl^ H A R F A G E.- 'TT is Ordered by this Court and the Authority thereof; That thcfc Of- Ra^estorV'Mr. | ^_^^^ ^^^^ ^ obfcrvcd by all fuch as ITiall bring Goods to any Wharf, and thcfc Rates following bc allowed : firft For Wood by the Tun three fence -^ for Timber by the Tun four pence- for Pipe flavcs by the thoufand ninepence-^ for Boards by ihcthou- fand ^(ix pence . for Merchants Goods, whether in Cask or ctherwife by the Tun, fixfcnce-^ for Dry Filh by the Quintal one penny ; for Corn by the Quarter one -penny and a half penny ; for great Cattle by the Head tvto pence -^ for Goats, Swine, or otiicr fmall Cattle, except fuch as arc fucking their Dams, by the Head a half penny ; for Hay, Straw, a>id all fuch Combuftable Goods, by the Load fix pence ^ for Stones, by the Tun a penny-, for Cotton Wool, by the Bag two pence; for Sugar, by thcCheft threepence: Provided that Whaifa[',e bc taken only where the Wharfs arc made and maintained; and that Wood, Stone and weighty Goods, fliaii be fet up an end, or laid feavcn foot from the fide of the Wharf, upon pcnaltv of double Wharfage, and fo for other Goods, and that no •^ '^ ' Goods Goods lye on thr Wharf above foily eight hours without fu/ffier agree- ment With the Wharfinger: And that it fliall be lawful for the Whar- finger to take according to thefe Rates out of the Goods that arc Landed, except they be fatisfied otlierwifc. a. And it is further Ordered j That none fhall caft an Anker, Grap- . . . lin, or KiUaelc> within or neer the Cove at Bofton, where IL-nay indanger y,"''";^v£ pt' "* any other VefTels, upon penalty of ten jhtlhn^s, half to the Country, half "'"?• to the Wharfinger, befides paying all Dameges. 3 And that it (hall not be iawfol for any perfon to oaft any Dtin^, c^oio^t^^^™. Draught, Dirt, or any thing to fill up the Cove, or to annoy the Neigli- pM5liy,oft. hours. Upon penalty of forty Jhtflm^s, the one half to the Country, the other half to the W harfinger. [ 11(47. 3 WILLS. W'Nereas it h found hy experhme, that fom mm d/m, havir.z maie thar f^rt/ts for the iifpofmg of then £Jlates, thct th faid FFtlls r , « 16. are concealed and not Proved and Recorded- and fome cfber/dyfn. hte- ^' ^' ftatr no Mmmjlratmjs fought for, nor granted m any legal way^andyet r^. ^K,p», Chtlcfren Kn,<,red, or fimc friends cf th Deceafcd,' or feme trr. 'r J "^T ^/''"^^> arjd^ojfefi themfifves of the Goods cf the AL?rt' ""f i'^'Z "*' ^""''^ '""" >« <'^ ^f>'d he/are the Crt tZr.° '^t'"" a i^'l"^'^ ""'' '"'^''""^ t^iv^cfv^hJioDcincnd, orha^ dValmls\ ■'"■^ ' ^"' ^''^'"'iou of Such unjufl ,nj frmdulent Exil^No^tatldt ^r^f; Th.t if any next Court of the Coun y,^,^ I ' ^1 he'T^ 'tf * ^^^ "^^^^ '^" dcceafcof the party, ITlak^PrSp„f'^^^!',^^^^ ^''^^«' ^f*" ^^^ (hall not caufc t^c LTfo b^Rc^ rdld'^v 7'V^ 'i^^'^''^^'^^ ^''1^^°' ^''"'^♦•^-rc County Court ^v'here the dcTcafcdnartvf.ftl,^'''''?" ""' Clerk of that v.da.,.coort ver, (ball not wuhin the fameSe LkcVf • n '^ \°' '^/"'^ P"^""" '^^'^^'''^ J.C hath or n,all enter upc.ror^nv Partv T "rS"''^ '''/"^*^ ^°^^'' "^ ' pcrfons (hall ^lu;iaU or V^Wanv /w " ^' ""J '/ ^^^^ P"'"*'" "' inMigthecfl- Pfovcd ai.d Recorded the W,ll r,f X^ i'''"^^ or Gcods, before (hey irivc »•* uil^^..^"d and brought in a true Inventory oaihf'T''^' '' ''^''^ Admin.flrar.on, S"'""'- of the dcceafcd- every fuch pcrL fn a! '^"a''"^'"'^'''<^~'^^^"'^ ^^^*^^s Licble to be Sued, and fhali b- hi. j ^^Jmrrwftnn- or E.neccting, (hail bt J-»i'i. 'o i«j "U as the dcceafed party owed, theZr /k' ^? '"/"^^ ^^^^' refpeaively, ^''"'• Bnt for the fnme or not, and S Ilf^'f f f °/*^"'^'^^*-''^''«'-^-'^-^^ '"^^'^- r^.c^c«„aper i-g Wiincps. fuch Town where any fuch perfon fhall dy, fhali Within one Month aftct his deceafe, give notice to tjbe Court c£ ihstCounly to which fuch Town cfoth telosi^, of ftich Renouhcing of Execuforfhip, or not fediin^Qi' Admt\]f\Ta. orforffit ^ofc jjcn, fhat fa the Court way take fjch Order therein ss ilzy ihtU Ibink meet, wiho fhall alfo aflov/ fuch Gierke 3ue rccompcnce fc; his pamcs^ and if any fuch Gierke fhall faJle lierein, he fhall forfeit fcrly JbiUin^s to the Treafury for every months default. Z'^^9-^ A s£ T J ^' ^^"'^^ becitiifs Kvany .MerchahiSf Searnen end oth?r Shr.igtT'S'yrejbtt' ' ' ' ^ ift£ hilljer oftfMhnes, JDy:;;^ and hnvhg- Iheir Sfiates imdt(p^ed of, and very diJJicuH to ie preftrvedm the interim ftom one County Cor.rt to and her; It is therefore Ordered, that it fnalland may le Lawfull for any.two Magiftrates wn'h the Recorder cr Clerk of the Counly Court,. Meeting . together, to -allow of sny Will of any dccafcd pariy, to tlie Executors or ♦o"i8i^°prQbda other pcrfons ia the "VVill menl-oned, fo as tV-e Will be teffified^onthe of vvJik. Oath of two or more Witneffi:;^ and alfo toGrauntAdminiftraliontothe Eftatc of any perfon dyirg inteflare within Ihe fard County, {o the next mfniftK of Kin, or to fi-'ch.as fiia!-' be afc to fecure the fnme for the next of Kin, and the Recorder orClciic of the Court, fhall enforme.the reft ofthcMa- giftrate5 of !he County, at the next Cosnly Court, of fitch '^Vill proved or Adminifhration daunted, and fhall "Record the fan>e. \_i6si^ L.i.P-j'}. 3. And it is Ordered, that when the Husband orParents dy inteflate, L,2 T.d. the County Court of that Jurisdiftion whore fl.e party had his lafc Refi- clence, fhall have Power to afTign to the widdow, fueh a part of his eftate a?Ji3'/iWfratr ^^ ''^^y fhati judge juft and equal j as alfo to divide and afTignc fo the •unaifpofed. Children or other Hcires their fevera! parts and portions out of the faideiiate.- J Provided, theEldcftSon fhall have a double Portion, and where th2re are aouWe portion HO Sops, the Daughters fhall inherit as Copartners, unlefs the Court upoa jdft Caufe allcdgedf (hall otherwife determine, C'^f, ^^"X rvit N.s s s £ s. JT is Ordered, t)''creed and by this Court Declared, that no man fhall be put to Death, without ti]s Teftimony of two of three WHnejfeiy or that which is equivalent theicunto, \^i64i.'\ a. And It is Ordered by this Court aijd the AutKority thereof, Thct iJcnbXeone any one Magiftrate or Conunifficner Anthorrzed thereunto by the General MagiftraU. Court, may take the Teflimony of any perfon of fonrtten yeares of age, cr above ^ of found undcrftanding and rfputstton, in any Cafe, Civlll ot CrilTiinai, and fTiall keep t^ie fanis «n his own harids- till the Court, orSe- w>wi5«.to8P liver it to the Recorder, po.blick 'Notiiiy of. Clerk of the .ivritfs, to be Re- prof ^erfoqsiiy corde3, tlist fo pothing ffiEy "bc altcrc^ in it. Provided that where any \^tuf^"^ fuch witnefs fhal! Jiave liis aboJe V/lth'n Icn miles of the Court, and t^ere living qnd not difeqtfbled "by fickncfs or other infijniily, the faid Teftimor ny fo takca oMt of Corrt, fhall. not be rccetved or made ufc of in the Court, txcept the witnelTca be a'fo prcfent tc be further Exaniir ;d about it.. Provided alfo ibat in all Capital Cafes, ail Wltnefles fnal! be prefent, , ., v/'herefocvcr they dwell. of**, 3. Atrd if is fuither Ordered ty the Aufhortfy aforefaid, That any perron Summortfd to appear a? a Witnefsin any Ctvil Court between pairy and part.y, fba'l fiol he tompf liable to travail to any Court or place where lie 18 ]^"^^(,'°fcr*"' f ogiveh'sTeftimony, except ]ie who (>)a(l foSurnnon him fhall lay 3ovrn or '^»'i" i«'^ givehirri faVisfaiitOn for his Travail Srjj^pences outward and homeward, an3 "*"' for lurfilimeashe rHali fptridin att<-r\dar|ce in fuch cafe when he is at fuch Court or plaC*", the CoKrt /hall Award due Recompcnce. And it is Ordered ^^,„ ,).;]i,pji, , thai ixv« fi>illi»^s 3 day rtia|lV»e accounted duefalisTjcfUonioany witnef? for day Travail atid ExperiCes,3nt1 that wlieti thewitriefs dweHefh within Ihrterrtki and »-s not al charge to pafs over any other Ferry ftien betwixt Bojlcn rr Charls- tovfn. t\]t;n ore Jhtlhngjix'pi'ncf fer Jiem fhallteaccounteafufficicnt, arwJlf any Ori^rhl'iing r.x witness after furh paym'^iUor fafisfarHion, (tia*l faile to appear to give his '"*'" ' '^' Tcdimooy.^e fnallbeliablf to pay thepariic! dama^efi uponan aOionofihe wMn's '>=♦ ap Cafe. And alt Witnefies in Crirronal Cafes fh.all have fmtable falisfaa«on ^;;;;j,"f '"^V p?yd by the Tieafurer , upon Warrant from the C«uft or Judge "before whom ttje Cafe U tryed. ,„ Cn»fn>i And for a Otnerai Rute io he objrrved in all Cnmnjal Cajes^ boib where '^''"^ V['''i),**' the Fines are fut m certain, and alfo whre thej are othtrmfei, ^'^'' ^ ' ■ It is further Ordered by IheAufhonty afore/aid, that the charges of wit ncffcs in all fuch Cafes fhall be bom bythe parties delinf]uent:, and fhall bu added to the Fines impofed, that fr> the Treafurei haveing upon >A/'arrant from the Court, orothcr Judge fati.sfied fuch WitnefTcs, itmayberepayedhim with the fine, that fo the v/itneflcs may be timely fatisfied and the Countrv not damnified \_i647'\ I'ti'^it", aid 5e WOLVES. KT \T hertas ^>-?at Lnjs avd Damage tJah befall this Conmwn-waHh hy V V r(afcncf\i/oWet.^M'hic})c^e()foy(refltnurfiherscf cur Cattle, notfviih- ^ ,g JlorM/ifigfrovifionformcrljt mode hy this Court for funprejjfini of them i there- ** ^oieforthe better tnfoura^ervientpf anytrifet dhcut a veot\of jc great c oncer nmet It is Ordered by this Coutt and the Aiilhorlty thereof.that nny perfon either Eagli'h or Indi.m thatfhall killany Wo\feoi H'oives , within ten mi'esofany uw skoot "PlaiUaticui in this Junsdrcfticn, fhallliave for every ivolfi by hrm or Ihcm fo *'""*•'• killed /p«y7;;7/m^i,paid out ofthelreatury of the Country^ Provided that due proofbe made thereof unto the Plantation next adjoynmg; where fuch V^clfe or Vfohei were killed : Arid alfo they bring a Cerllfipate under fome Maginralee band, ur the Conftabte of that pUce urtto the Trcafurer \ Provided alio that this Order doth intend onely fuch "Plantations as do Contribute wifh us to pubhck charges.and for fuch Plantations upon the River of Fif<;afi2^-^ It is Ordered by this Court and the Authority thereof; 'Jhat every A.ich Indian or Indians, as fiiall any way deArcy any Wolfe or Wolves, and deliver the Heads of fi:ch Wolves vnto the Seled men of any Tcvnfhip in this Jurildidlion ; (hall receive of fuch Selecfl men, either luo pounds of Powder, and eight pounds of Shot, or one pound of powder, and four pounds of {hot, and five fliillings in Come or other pay , or cffe they Ihall receive of the Countiy Treafnrer, Ten /hillings a head, and no pow- der and fliot, which fuch Indian fhall chufc • and fuch SeleO men as fhall pay any Indian according to their order, fholl rebate it out of their next Country Rate with the Treafurcr; any Law or Cuflome to the contrary ■notwithftanding, and all Scleift men or others that by virtue of this Order or any other, fhall make payment for any Wolves, fhall -cut off the Earcs of all fuch Wolves heads, and caufe them to be buried, that fo none may be twice paid for. [^ 1661.'} THis Court dotb Order, as an Encouragement to perfcns to dcffroy Wolves j That henceforth every perfon killing any Wolfe, fhall be allowed out of the Treafuty of that County where fuch Wolfe was Slain, Twenty fliUl'mgs^ and by the Town Tcti fljt/lings,st)d by the Country Ireafurer Ten Jln/itnis-, which the ConAable of each Town (on the fight of the cares of fuch Wolves being cut ofF)f}i3ll payout of the next Countiy Rate, which the Tieafutet fhall allow. [ /^d2.^ WOOD. FOr the am)d'm^ of Jnjunes hy^ Carts and "Boats^ to ScUev and JBu'yas of Woody It is Ordered by this Couit and the Authority thereof ; That where Wood is brought to any Town or Houfc by Boat, it fhall be thus Ac- counted and Affizedi A Boat o{ four Tim fhail be accounted threeLcads, trrehe Tuns, nine Loads, twouy Tun, fifteen Loads, fx Tun, four Load and halfc, fourteen Tim, ten Load and halfe, twenty jour Tun, eighteen Load, ekk Tun, fx Load, fxtem Tun, twelve Load, twenty eigbtTun, twenty one Load, ten Tun, fcvenload and halfe, eipMenTun, ihutecn Load and halfe, thirty Tun, twenty two Load and halfe. Except fuch Wood as fhall be fold by the Cord, which is and is here- by Declared, to be Eight foot in length, four footin height, and four foot broad. {_i646-y l64-7>'} Wcrkp^tt workmen. Wrecks of the Sea. i6j yr O R K M E IT. BEcaufe the harvejl cf Bay, Com, Hmp and Flax, comes usually fomzr tO£etber, that much hfs can har.Uy beavcyded; It IS therefore Ordeied by tht Authoritvof this Court, That thcCon- flables of every Town upon Requft made lo them, thali Requiic any Artificers or handy crafts men meet to Labour, to work by the day for their "Neigbbcuis in ynoxnTig^reapno of Cor u, and iy.yiw^ thereof,-^ Provided that thole men whom ihey work for, fhall duely pay them for their uork ^ And that if any pcrion (o Required fhall icfufc, or theConilable neglcrt his Office herein, they fliall Each of them pay to the ufe of the Poor of the Tovin, double fo much as iuch Daycs work comes unto; Provided no Artificer or Handy cralts man ihall be compelled to Work as aforefaid, for others whiles he is neceliatily attcrxding on the like Bufi- ncsof his ownc. [_td,f6.'} Vf^RECKS OP THF SE^. IT is Ordered, Decreed, and by this Court Declared ^ That if any Ships or other VcflTclls, be it Friend or Enemy, fhall fufFcr Shipwreck upoi\ ourCoafls; there fhall be no violence or wrong offered to their Pcrfons or Goods, but their Pcrfons fiuH be Haiboured and Releivrd, and their Goods prcTcived in fafety , till Authority may be Certified and fhall take further Order therein, Alfo any Whale, or fuch like great Fifh caft upon sny fhorc, fhai be be fafely kept, or improved where it cannot he kept, by the Towne or other Proprietor of the Land, till the General Court iTiall take Ordct for the fame, £ i'^4'y 1647.'^ WRITS. IT is Ordcced by this Court and the Authority tFicreof, That henceforth all Wntts, r.ocefsapdIndiSxip> t)*i> tJ!v> «jr»» »-;•* «-j«* *T> ••;•< •".o e-to. t^x-i "i^ «-.'• "-r^ Xi>y z.;.TVi^ z.-. 5<& of things freciHentlj Vfed, 7^^^ O C. T- ^ ] Carpenter, of [ Z). ] You are Required in His Ma- ^^ jcfticsName to appear at the next Court, holden at ^B.] on Sutmi^-JS ^\ the day of the month next enfuing- to anfwer the complaint , y.c^^* of [^-CJ for withholding a debt of due upona £o;;H or ""Sill: or for two Heifers &c. fold you by him; or for work or for a Trefpafs done him in his Corn or Hay by your Cattle, or for a' Slander ■you have done him m his name, or for Striking him, or the hke; And here- of you arc not to fayle at your Peiil. Dated the day of the Month TO the Marfhal! or Conftable of [5. J or their Depoty. You are Attach- Required in His Majefties Name to Attach the Goods, or for want ther- ^lenti of the Body of [W.F.] and to take Bond of him to the value of ■with fuflicicnt Surety or Suietyes for his Appearance at the next Court iolden at [_S.'\ on the day of the Month; then and there to anfwer •the Complaint of [T. M.~] for &c. as before. And fo make a true Re- turn thereof under your hand. Dated the .day &c. By the Court 2^. F. KNOW all men by thcfe prefents, that we [^-S] of [D.;i Yeoman, v,^d A>. and [C.C.J ot the fame, Carpenter, do bind our fclves ourHeircs ^ and Executors to C^. f. ] Marlliall, or [/t^. O.] Conftable of [ Z).] ^^'i''"*''^"^^^ aforcfaid, in Pounds upon condition that the faid [ j4.B.^ Oiall pcrfonally appear at the next Court at f 5.] to anfwer \_L. M. ] in an A^ion of And to abide the Order of the Court therein, aad not to depart without Licence. TO the Marfhal! or Conftable of You are Required in His Maicfties Name, to Replevic three heifers of [T.t.] now diftrein- 'RebUvln. ed or impounded by £ zyi. FJ and to deliver thtm to the faid [ T. i*. J ^ P -? Provid 163 TreftdentS and Formes, TrovJoei\ he give Bend Ic the Value of wilh fu/Ticient Sofdyor Suretyes to profecufc bis Keplivinar the next CtSurt'holden at [J.]] and To frem Court lo Court till tl>c Caufe Ise crimed; and io pay fuch Cods and Damages as the faid [_ y^.^.'] flia'l by Law Recover aj;ain(l"himj And fo make a tiuc return iheicot under yourliatfd X)flte3 &^c. vv Hera! u^on ferkus Corfieraim^ We have cOYidUded a CcnfiJeracie vpilh I he Ettgl.Jh ColMtes of New-Plimouth and Com dud , as ihc "Bond of Nature , Rcajan , Religion and Hefped io our Nation doLh Commijfion- Require., enforxbiV- We have this Court, Chofen our'Truflie aird we)! beloved Friends, Tiited Colo- [5..B.3 and [T. JD.] for thisColonie^ for a full and complcM Year, ^^^j as any Occal'ions and Exigents may "Require, and particlarly for the next meeting at [ P 3 And do Inveft them with full Power ahci Aulhoniy. 'TheirPower to Treat and Conclude of all thrnge, according to the true Tenour and Meaning of the Articles of Confederation of the Umied Colonies, Con- cluded by the General Court heldat "Sojicn ihefficcnth of May. ^^1^7:^ "T7"\ /Horeas 1 [j4.5. 3 am an Inhabitant within this JurisdiiRion, V V Confidering }iow I ftand Oblfged to the Kings Majefly, his Heires and SuccefTors, by our Chatter and the Government Xflabliflied thereby ^ Do Swear accordingly by the great and dreadfull Kame of the OaXh of 1 1- Xver-Living God, that I will bear Faith and true Allcgiapce to our So- dd'itii. vcraingn Lord the King, bis Heires and Succe/lore -, and that J will he True and Faithfull to this Government, and accordingly yeikl AlViilnnce thereunto, with my perfon and efiate, as in equity lam bound; And v^ill alfo trucly endeavour to Maintain and "Preferve all the liber- ties ahd Priviiedges tnereof, Submiting my felf unto ihe wliolf Tom Laws made and cftabljfhed by the fame. And farther rhat i will not Plot or practice anyevlll agaiaft if, or con- fent to any that ft)all fo doj but will timely tJifcover and reveal tliefame to Lawful! Authority now here eftablrfhed, for the fpeedy preventing thereof. So help me God in our Lord Jeius Chri/?. VV Hereas I [ A. ^. J being an Inhabrlant of the ."Iuri:-dio Swear ac- Oath, cordingly, by the Great and Drwdfull Name of the Ever Livirg GOJD. thar I will bear Taith and true Alcgiancc to our SovcraieneLord the King,, bis heires and SiiccelTors,) and that 1 will be True and .Faithful! to the fame, and v/ill accordingly ytild AfTiftance and Support thertunio witit my perfon and efVate, as m equity 1 am bound; And will alfo truelj- endea- vour to maintain and prefcrvc all the Libert lec arid privilcdg'es iStreof, fiili- Tiutting my telle to thcwolefome haws made and eftablifhcd by thefarn-f. And farther that] willnot Plot nor PfadlicearylivilUgamft it, or confcnt to any thai thall fo do, "but will timeJv difcover ^ni ''eveal the ^^Ttw to Ficfdenls and Formes. J64 Lawfiill Authority now here cflablifhcd, for the (pecdy pre. cnticn thereof. Moreover 1 do Solemnly bind my fclfc in the light of God, that when I OiaJl be called to give my Voycc touching any fiich matter of this State whcrin Freemen are to deal, I will give my Vote andSuffiage as 3 fhalJ in tr::r.c own Confcience judge bc-n- to Conduce and tend to the Pub- lick Weak of the body, without refpert of perfons or favour of any inan. 00 help lae God in our Lord Jefus Chrift. WHercas you [^1^ B."] ff^. are Chofen to the place of ^operwowr, over this Jurisdidion of the iJPfaJfachufets^ for this year, and Governcurs I'M i new be Cofen and Sworn, Confidering how yoa ftand Obliged to Oath. tlic Kings Majcfty, his Heircs and SuccelTours, by our Charter and the Govertmcnt eftablifhed thereby ; Do Swear accordingly by the Great and dreadful! Name of the Ever-Living God, that you will bear Faith and true Allegiance to our Soveraigne Lord the King, his Heirs andSuccclIors; thaC you will in all things concerning your place according to your beft power and skill, Carry and Demean your felf for the faid time of your Govern- rnent, according to the Lawcs of God, and for the. Advancement of his Gofpcl, the Laws of this Land and the good of the people of thisjurisdicfli^ on. You fhall do Juflice to all men without partiaility, as moch as in you lycth, you fliall not exceed the Limitations of aGovernour in your place. So help you God, in our Lord Jsfus Chrift. WHcreas you [ ?. I-. ] arc Chofen to the place of the "DepMy Co- Deputy Go vcrnuur 6ic: as in the Govcrnours Oath, mutatis mutandis. rermws Oath. '\J *! THereas you [^ 5. J5. 3 arc Chofen to 'the place of AtTiftant over V V this Jurisdiction of the tJlfaffucbufets, for this year and until! new be chofen and Sworn; Confidering how you ftand Obliged to. the Kings Majcfty, his Heiis and SuccefTors, by our Charter and thsGovcm- rticnt eftablifhed thereby ; Do Swear accordingly by the Great anddrcad- ^ full Name of the Ever Living God , That you will bear Faith and tiue f^U'J''*^^ Allegiance to out Soveraigne Lord the King, his Heirs and SucccfTours ; ^'^^ That you will tnicly endeavour according to ycur beft skill to carry and demean ycur felfe in your place for the faid time, according to the Laws of God and of this Land, for the Advancement of the Gofpel, and the good of the People of this Jurisdiction ; You ftiaU Difpenfe Juftice equally and impartially, according to yout beft skill in all Cafes wherein you (hall Aft, by Viruc of your place; You (hall not wittingly and willingly exceed the Limitations of your place, And all this to be under- flocd duri::g your aboad in thi£ Jurisdiaion. So help you God in our lord fefus Chnft. xZXJhcreis you IJ. L."] have been Chofen to the Office of a Scv- Major Ce V V ^imi M^jor General, of all the Mtlitar^ Fcrcis of this Jutif- jerah Oath tlflion lot this prefent ye&t; Confidering how you ftand Obliged to the. Q„<1 Kings i6^ PrepdeMs and Forms. Kings Majefty, his tieir s anuSuccelTors by our Charter and the Govern- menc eaabliflicd thereby j Do Sv/ea? accordingly by the Great and drcad- full Kame of the Ev£t Liviag God, That you will bear Faith and Hue Allegiance to our Sovcreigne Lord the King, his Heires and Succeffcurs- And^'that by your bcft skill and ability you will Faithfully difcharge the Truft committed to, you, according to the Tcnour and Purport of the CcmmilTion given you by this Court. So help you God.&c. vv rHereas you [ R. Ji.^ are Chofcn Treafunr for the Jurisdicl^ior of the Alajfachufets fox this year, and until a new be Chclcn, Do T'reofurm proinife to give cut Warrants with all convenient'diligence for collcciing Oath all fuch fums of Money as by any Court, or oth'eiwife have bcen,orfhalI be appcinied, and to pay out the fame by fuch futTiS, and in fuch manncE as you lliall be lawfully appointed by this Court, if you fhall have it in your hands of the common Treafury. And to return the names of fuch Con:r ftablej; as fhall be failing in their cfRce in not colleifling and bringing in to you fuch fums as you fhall give Warrant for: And render a true Accorapt of all things concerning your faid Office, when by the General Couit you fhall be called thereto. So help you God in our lord Jefcs Chtift. Sicntayici \ 7'\ /Hereas you ^S.H.'] are chofcn Si^crerary for ihe year enfuit^s.]; ■'^ath ^ ^ ^^"^^ ^° ^^'^^ Swear by the Evcrliving God, that you will itv all things faithfully demean your fclf in the faid Office; That you will trucly and uprightly, according to your bcft skill and Wifdome frame alF Acls aad Inflruments of publick concernment referring to your Office, ducly obftrving fuch Dire^icns as fhall from time to time be given unto you by the General Court or Council of this Ccmmonweah, and fairly Record, and fafcly keep the fame : That you will not difclofe thj ccn- fuirations of the General Court where at any time you fliall have cxprefs charge of fecrefic, nor of the Council where at any time you fhail have like charge of fccrefie : That you will without delay impart to the Go- vernour or Deputy Governour, v/hat ever Letter or Information fhall come to your hand, icfcrring to your Office, and of publick Ccnccrnnicnt to the Common weal. General Court or Council; and that you will not Wittingly or willingly exceed the limits of your place. 5ohclp, &c. YOU [W.A.'] here Swear by the Nam.e of the Evcrliving God; That m the Office of a Publick Notary to which you have been cho tcnesOaXh. ^g^. ^^^ ^J^ i;)erne3n your feif diligently and faithfully according to the duty of your Office; and in all Writings, Inflruments and Articles that you are to give Tcliimony unto v/hen you fhall be required, you fhall perform the fame truely and fmcerely according to the nature there- of. Without delay or Ccvini And you (hall enter and keep a true Re- gtftcr of all fuch things as belong to your Office. So help you, &c. You Pyefidents and forms. I'SS Y OU ££.M.2 ftia" diligently, faithfully, and with what fpeed you Mar(haU may, colled and gather up all fuch fines and fums of money, in fuch Oatb Goods as you can finde of every perfon, for which you fliall have War- rant fo to do by the Treafurer for the time being; And with like faith fulnefs, fpccd and diligence, lea vie the Goods of every perfon, for which you fhall have Warrant fo to do, by virtue of any Execution granted by the Secretary or other Clerk Authonz-ed thereunto for the time being -. And the fame Goods fo CoHeded or Leavied, you fhall with all conve- meiit fpeed deliver in to the Treafurer, or the pcrfons to whom the fame fhall belong; And you fhall with like care and faithfulnefs fcrve all At- tachments dire and duely attend the Execution of your faid Office with all faichfulncfsforlhe good of the Common-wealthj according to the true intent of the Law* in foch caiie prccidLd: So help you God,&r.. ^' You I<$9 Pref dints and Fcrtns. Clerk of Markets Oath "Y oil \_C,X>.^ here Swear by the Ever living God, that you wii' from time to time, faithfully execute your Office of Clerk of tlie Market in the Limits whereto you arc appointed for the cnfVifing Vfar, and till another be chofen and fworn in your place; And that you willdo there- in impartially^ according to the Laws hcie eflablifhtd in all things to which yoor Office hath relation: So help ycu God, &c. Serrcbers Oalh "Y" OU [5. 5. 3 do here S skill, knowledge and judgement: Sc help you Goo, &c. "V/^'Y^Hercas you \_^.B.'] are chofen a Packer of Beef, Perk, and o- ther things for the Town of [i?. J You do here Swear by the Li- ving God, that you will well and truely Pack all Beef, Pork, and other packers things when you fhall be thereunto required j You (hall Pack no kinde of Oath. Goods but fuch as are good and found, tior any Goods in any Cask that is not of a juft and full Gagej you (hall alfo fet your particular Mark upon all Cask Packed by you^ and in all things proper to the^ place of a Packer, you fhall faithfully difcharge the fame from time to time accor- ding to your beft Judgement and Conlcience : So help you God in our Lord Jcfus Chrift. [ i6s2.~] F 1 0\C_ 1 S, F H R A T PAge I. line 8 read &i May 1671. in "Bondflavery 1. 3. r. ot /hall /or as. Coopers p. 17. 1. 12. r. p.ig. 64. 1 24. r. pag.88. p.4.o.l.4.r. the Subfcription I.p.r. Adminiftrators p^6.\.j r.Miniftry. 1. li.r.Hctcrodox.l.w/t.r, /(J^i-.p.f 4, fea.z. of Fornication. I.2, r. pag. 5 3. & after Punifhment r.pag.67. p 56. 1.2&, T.privilcdgcJ.3o.r.fufFrage.p.5 7.1.2.rfde,madc.p.77.1.2i.r.appoint thereunto p.€4.1. ? t. r.bcing thereof. p.7c.l.2.r.pag.3o. p. i r6.1.i. r. relating p.8o.l, j/.r. exprefled.p.i5.forSc(f\.i8.r.r4.for.i7.r.i'6. next pager, folio t6.\.6.t. that, p.iot. 1. 21. r. 1 07O.p.9.l.la(t but one r.FeofFecs in 1. ult. 1. 167 1 . p.7 j.l.S.r.ara p.i 34.1.17. r. proceed. p.155. in. r.ExpUcation. ^ t St ^s fj Simmdry of the L A IV S joregoing aAlfhahetically Vigefted, Wherein P. ftandeth for Page, and S. for Scd\icn ; For the right Improvfmcnt whereof, the Reader muft fupply ihe figures of feme Sc^ions in the Laws, where they are omirted : Folio. Ability. Age. FOffcr^orts to^afs ctway Lands &c.p. i.s. . . For chitfmg guardians. ibid For PlanC'if's or Defendants. p. 2. s. z. who may defend the right of them that jre under age. ibid. ferfons of any age to anfv^erfor Crimes, &c. ibid. Alay inform or ^rcfent any nWfdcmeanour. ib. when Try able. p.i-s.i. Rules for Entry. p.2.s.2. >Jo Pldti.or Evidence allowed alter a cafe is committed to a Jury. pzsz Of Trefpafs under 4»-f. P-^-f-i Brought to the General Court ^.j.s.6 , Plaintiffs liberty to withdraw. p. s.f.7. In civil A(flions every cnc fecured from damage by non appearance of any, S{e ap- pear anceynon-appearcnce. p 4,, in myohmtary Trefpafs, not to proceed in cafe, Sic Cattle. P.18.S.3 appeal. ftontlnferiour Courts to Courts of Jffip.ams P.3.S.I. How and when to he Entred. ibid. From one Iifagijlrate to County Courts ibid In criminal cafcs how to be proceeded in ibid From Court of jljfi/iants to General Court in cafe. ibid. }L%ccuUoa not 10 be granted in cafe. s, i. In matter of Law to be determined by the Bench. ibid. In matter of fiCihy "Bench andhuy. ibid. RccordiDS ^^ 'jepaidby the/ippealanti p. 4.52, Rea Tons therefore to be entred fix doyes be- fore the Court, ibid. Not Profecuted to effeCl the penalty. ibid. Who may fit as fudges infuch ji^ions.^^.s'^ How to ht proceeded in. ibid. From ^fjociates Court in Dover & Portfm. P4.S.4. From one Magiflrate to County Court, fee Burglary. p. i^.S'.z. F rom OKC tJffagiflrate and Ccmm:ffioners of Towns, fccCaufes- p.2r.s.2. From all or any the Ccmmiffwners of Bofton to Court of AfTiftants. p. 2 i.s j. By Difobedient children fentenced by a Ma-; gifiratem Com;vijfioner,ki cbildren./'.77./.2 To County Court from Select men doirg damage by laying out High wayes, fee- High way es. p.<^5.s.2. From one Magiflrate to County Court, fee L)ing, p. 9 2. By Tonns and Peculiars in cafe : fee Poor p. I J 3.92. By fingle perfons to County Court in cafe ; See Townfiitps. p. 1 4 8 . s. 3 . Appearance, Non-appearance. Not punifhable in cafe, p 4. Not to prejudice any in civil Acf^ions. ib-.d. Perfons liberty mt to appear on Summons in frt/e, Sec Attachments. P 7 s.z Of a perfon Indided of a Capital crime, his Goods and Eftate to he fcizfd m cafe. See Capital Laws, p.ii.j.t/. Apparel. Who may wear Cold.,6c. p 5 s.t. Penalty of ten fliiliings on at! not allowed, ibid Further penaltjf, p.6.s.2. Arrcflt. Not allowed in cafe, p.^.r.i* Wdiaoainfi Sailors w ca(e^ fee Sailorj.?. ' i4 A Aflb. The "fable. AfTociates* One may pumjh Breach of the Peace, See Breach of peace. p.ii.s.s, Thruks of ■pumihinint. ibid, To h a/Jhvfed.Vy tbt Genera! Court, See Godrts. P-37.s.7c With one Mdgfjirate may keep a Couoty. Cotirr. ibid. Their foever. ibid. Hiive Magtflraikat pwefy See Prefidents; p.s66. Their Oath. ibid ^tt achmcnts or Summons. May be taken out againll anypahti.p.^.Sh Not to be granted to a For-mincr in cale.ib. Of good,&c, perfons to have legal notice, ibid. To be fervL'd.fiK iayez before the Court, s.2. Pleading, &c. not abated howj ibido To T-'xprefs the cafe, ibid. To exprefsin wliatnamej the Tlaintijjelu- eth P.8.S.3. Ma.y be ferved by May.fhalSj £.4. Of their DepuueSjSefjixJK?-^ of Attachments mPrejldemSr, p.s^.?. May be direfled to Conftables, fee Clerks of Writts, p.sfi.s.i. Of their Deputies fee Trefldents^ p. ^62.. Uot granted agaiuft Saj/lois,in cafajee Say- lors, P''34- Oa Goods not freed till Execution be fcr- vedj lee Sureihs, p.144. Form of Actachrnefit, and Sonrimons, and Bcnd^ See FrefMnti. p. 162. B Bakers i-r- O baT;e J dsftin€^ mark foibread.piS.s.i 1 To inakcBread of due affze on pcnaUy, ib To AITixe all Bread ufed in their Houfcs on petuky. p.p.s.j. Ba tfafl. Not to be taken from any fitore without }»>avcj0:) penalty, p.cj. Koc to be cxii into 3 chanrcl,6ic.oji penalty ibid. Bartatry. \Vh3J and how puaifh.ed, p,p. Bdf/ei/oknce When to bi granted. p. <,,s. ^ To pablick ufcs to be rigMy improved, m "Bills. Affigndgoodtotheylffignee in cafe p ;« Bsjidrjlavsry. ' Kot allowed, i;;: lervitode declared, t, , <, .5o««rfj ofTowm and Ttyf^js. To be laid out in tveelve moneths after the Marks oRcein three yean to Us renicwed & when, on penalty of negleO. 4ii Charges of peranibu!ation,howtobe paid. Particular Bounds to be viewed once a year on penalty. ^/^^^ Brmsr}. What peirfor.s 10 be ^.ibr/ed p f . Penalty on falec: .j.^ -^-^ Bvtach of the Peace. What the penally, who miay punift the rules of punishment » /^ 5 Detainers of poflHiloa after Execution ar° breakers of the peace andCriminal offender^ To be puiiifhed hv. jhe Com ih&t jravc Judgement %-^ Bridges. Defes si By whom the charae to be defrays d^mVec more s 3. S'j.-'niary and Theft. What, how puniihcd p ,^ j / On the Lords day how punifhed ibid In Orchards Sic. how pvrifbed p /JSJ Stealing 1 s. and upward how punj(hed,s/ Coiicealers of Theft, and taking private fa. tssfaflior, the penalty jj,^ Capital Lam. O t-iring a Dwelling Houfc &c. fee firing Htrcfie « tf s ^ Cask a^d Cooper^ Ga£er.,Pa.cker.. r That arc tight to be of Lpndon ajftx^e ) p i6s I Cask t \t)y not paying their full proportion, coiu- pdlable thereunto tb'id Country Rates Lands and Eft ites Ratable where they lye, pcrfons where they dwell ibid. To be Icavied by VVana;it from the Treafi;- rcr P23S3 Tobemadeit) the fixthmoneth thid, Who and what is ratable tbtd Rdlcsfor AiTcfimcnts ibid To be paid where pcrfor.s are A/Te .Ted ibid To be paid in Corn at price let by the Gene- ral Court, or Ccmmi/Tioners nicntionecf, P4s6 Whatisnicjnt by publ afrer?mcnt,(t'j^.p2j Goods tcndred for pay, to be prized on the place, if not dettiniined by Law p 26 s 5 Minifters Ordained, /ice from all Taxes ex- cept, &:c. p26s7 Childreti & Touth. to tffuefmh damagCjthe damage fecuredy ibid Touth, under 2 i years of age, being tiufred Goats Found damage ftizflnt to be fecured ibid Doing trefpaj's to any through their oWn de- /<«(/t,po damage to be paid ibid All harms by the^A, the Ownm lopy double damage P18S4. Corn-fields. Lyiyg incommon^to be fenced by the owners pl7s No Rattle to be put tn tvhile Com there ibid who may determine differences about them ib ^ny Occupier may Pence infereral s 2 Partition Fences how to be made and ordered Pro%ifojor Uoufe-Lot under ten Acres ibid l^kHwfuffuient^no damage except &c. ib/d &P20. S8 Cattle- damaging Indians Curn^to be made good in f'^/f Sec Indians p 76 $7 Damage by Indians to be madtgoodb/ them ibid p 77 Indians refufmgto Fc«cc,help being tcndred theni, flhitl hare no damage ibid by any, without ordc in writing, fuch per- fons (ball lofe their Debt . p 27 S 4. Incurring any penalties, fuch as aie occafi- ons thereof fhnll pay It sbid Children : Orphans in minority, not to be difpofed off but by Authority, except in Marnage p^Sstl The minority of women in cafe of Marriage ibfd Under 14 years of age pi'Ophaning the Sab- bath, how puniflied, See Sabbu.h p ijiS i Chy,urg€o»Sy ty^ffdwizeSj Thifitianf. Not to ufc any violence or force in their pra- ftife in any cafe, without confent ? ^s Clerl^of the WrittSy Clerks To keep Records of the Towns Brand mark See Corn-fields p , .> $ . To grant Summons & Attachments, &c. fee Clerk of VVntts ? 29 %i His fees ibid To Record Horfes (hipt off, See Horfes s / His fees n,^ To Record Births, Deaths and Marriages, S7tolhe Treafurcrufider tl-eir hands what is to he Uavied on eviry Town, en pe- nalty ibid p 24 To prize Corn for Rates. The Commifjioners of Ifcx, Sufo'ik, and Middlefex xvbcrc the General Court doth jwty to Fuze Corn ibid [cmm'lfiOHers of Bojion. To be annually chofen,/<;e caufes p j 1 s ^ The number to be chofcn ibid To be approved by the Court of Affiftants, and fworn by them, or Coverncur, or Deputy Governour jtid Totty Caufes to ten pounds, the extent of their power, their Court ftatcd, to pubbfh their Court dayes ibid lo The . Table. To impofe fines to 40.S. P i2 s 5 May by Warrant fummon any oFienders to appear, ard n .ay punilli as one Magift. ibid To have a Commi(non under th- Secretaries hand ,. . • t. -r Tofincpcrfons for gallopingm the Town, SceCallopng y^J May fine any not brewing Beer according to clt;/r. try [mall fafsfnTo^^- ^0 be chofenby Court of Affiftants or Coun ty Court. /ecCm/f.^, ^^''■^{^ their power .^„,fj, p, 1 10 s 1 1 To leavy Rates for Fortification ibid To afTift Searchers for mony en penally. See Money p n ps ^ To prelent Cullers of Fipeifavcs before a Magiftrate to be fworn, S(c Psptjlavis p 122 To provide for poor perfons by Order;, See Fccr p \2ji 2 Ir Port Towns to fignilic to Merchants and Maf^eis the Law about Powder, Sec Powder p 126s I To whip any therunto fentencedjS* e Saibath f 'J2 S I To cauie dogs ufing to coutfe and bite fhecp to be hang'd in cafe. See flitep p ijis z To keep accompt of flraies and ioft goods. Sec Straiss p i^^sx Id Port Towns to inform Msflers of Ships with the Law tit. Strangcvs p 1^^. s i To inform of ftranjiers received contrary to that Law ibid To leavy fines about Swine, where no Selcft men arc fee fwne F i^j ? / To apprehend S\v earers, /ee fwearing P '44S i' To apprize Swine impounded and not ow- ned P 146 s ^ To leavy fines by Order of Se!e(5t men, /eg Townjlrips P 14."! s To acquaint Sclefl men with the Order a- bout Children P 14^55 To ferve all Warrants from Select men, p ISO s p To leavy fines by Warrant from the Trea- furcr, fco Trcajurer P i// s 4. To leavy County Rates ibid To apprehend Vagabonds, with or withoui warrant, See Vagabonds p. ij^. To warne and fet she warch,and give charge See watchetj jp. is4. s. 1. To prefcnt any defciftivc in watches to a Magiftrate, iiidj To provide weights and mearuresjee imgk^ S'4SS-^-t \ To iri'T The Tahk, Xo pay the Treafurer for Pealing ibcrR, and to del'.ver them to the bclcdt men '^^ To obey Sralers Warraiico ViA'd To pay Indians: fot killing Wolves, /ee Wchm pfjp^^ To require Artificers to help in H^vtft, fee Workmen p 16] Conveyances^ Seeds. For fale of Land or Houfe not valid, &c. withoutDeed, &c. or acknowledgement before a Magirtrate F 32s i How to be made Wii What exempted from this Law ih'.d Obtained by Dures invalid i s Fraudulent invalid ibid Forfalcof Houfe, &c. or Mortgage of no force dgainft any other not being acknow- ledged and Recorded, the Graunter being in poffeflion s 4 Grauntec to eater his Caution with Recor- der of County Courc ihid Grauntee to be bound to Court of Affift. in cafe i^id Council. |n the vacanfie of the General Court, are the Governour and Afliltants p 3 3 To be called by Letters from the Govern. /fc. TheGovpmour, Deputy Govern, with fix AlTiftantsmay impreiic Souldiers ihid In extraordinary caiies as many as appear, make a valid Ad ibid Their power ibidp^^ Courts. Geni'.ral Courts . To appoint Braod-marks to Tov/ns, fee Cattle Pi8.>;3 To be called by the Govern, in cafc; fee Council P33 The chief power Supcnour Courts, p > 4 s j To raife Money, Taxes, and difpofc of Lands ibid To make Laws. &c. ibid No ad to pat- without confcnt of both houfcs P3J^2 Not to be difToIvcd without coafent of the iT'ajorpatt thereof S5 To Judge of the mifc?.rriag€ of any Jbefore iJiem P§6Se Pr'tfon P isS s ^ Indefediofa Law in Capital cafes, &c. to judge, fee privtledges pi To difpofe of any Whale caft up, fee wricks atfea p^^^ Court of Afliftants, Afaj> appoint 3 Free men m Towns to ijfM Caufes to 40. s. fee Caufes P 20 S r To approve the CommtJJionerj of Bojlon^ and give them an Oath P 2 ; S ? To he kept at Bofton by the Governour or De- puty Governour and Magijlrates, See Court-! P3dS7 Their 'Power j^jj^ Tw^ Courts to he kept y early ^the time xvhtn,\b May he call'd out of courfe by Governour or Deputy Governour for tryal of a Afalefa- dm in Capital Cafes ,f j^ To try Capital Cafes jtyjd May dif charge from Prifon 7erfons Unable to ^ pay fines ^ fc jines p ^ ^ To I ry -^tfiJ^erf , fee Hcrefie P di S y :v t.y anyf:'.sp:decifor'fefuites,k}cfukes,p67 May ordty fatisfaOiotfor damage done to I Cattle by Indians J fee Indians P7C5S7 To iffue all matters beyon4 the cogntvincs of TheAdhofrhifCourttobe engrofTeJ; and I indtat: Commf Court^fec Indi.ins P 77^9 -ead the iaft day of every Se/fiou tbiei May approve of any married Pcrfcu rddinr Difference m cales of Judicature, Civil orj here from their Kdatiins, fee Marriage Criminal how :fl'ued ibid PiozSx. Only canpacdonaMalefador p3fS4 Miy fend forth any pcrfoo :nio f^rrei-^n pacti md May appoint Searchers for Powder^ fee Powder PI26S2. Mc:yjdsr(indtri2 to giant I.icenfcs to Oidinaiies.&c 5ccJ»- \cqcrs fyp'-i- May punifli In keepers not giving accojiipt of draught of Becr^ fee h/ipofls p t^e/s 4. to order jat!sfa€lio:i for damage to Calllc by Indians, fee hdlar.j pyis 7 toPunifh Ii'dian traders aliowej?, ard not giving fxcoinpt, and making Payment to tbc7icr.iu!er p 78 six Executions not to be gianicd till twelve hours a^'iC: Ji^dgcment, but by fpeciai or- der, /a' ^;pc J pjsi toPunifhfuthasBrcw ret Peer according tolaw PSoSz Mr.y Punifli Retailers of flrong v/atos and p;;v3te }-lcufC"kcepc;s, fo: pa-rnittiug tipling m thcit Hcu^'cs F 8; sV P S3 & 8 ic afve Catb to Secrcbers and SeEkrs of Lcatherj fee Leaiher P 89 S 4 May appsove of any manied Pfifon refi- ding here from their Reiatjon, fes May- ■f-.c.gc iP joi S 4 May^Punift Wcik men takiiig wages a- bovc v/l:r.tis fet in Towns by trccrmcn, fee Jldiifto's PiC5 Sf May give 'the Oath of Fidelity to -'ntiabi- tsntsand Stsasiccrs./fcOrt?^-^ P:2cS2 to difpofe and fctsie Poor Pejfors, fee Tcor ^ P123SZ May appoint Scascheisfor Fo\vder,/ff/-o»r- ^ir P326Sa May order and improve the Houfe of Cor- tsciicv..fce Trifon P J27 S 2 to appoint a Keeper to fiich Hoiife s j May pnnifh any bc!f ing to break Prifon, s 4 to keep a Record cfall judge mcnis given, fee. Records Y izps 1 May pu;iirr. Clbks of Writts not making a return of Bir:bs,&c. ? 130.12 toordermalntcnanccofaBallard, P //* ;?\jyiay determine punifliment for defacersof togive theOathotFrecdomcto perfonsal':^ Records, fceFeccrds P13IS3 lowed by General Court, fee Freemen p S6i s May punifh GameAers by fine or corporal pup.il'hmeat; ici- Ccm.y.g p jS s 4 to piiniih deniers of the Scriptures, fee He- re fa S Sfft i May p-unifli Prophancrsof the Sabbath, /ee SMhbath Pi^as/ May piinifh fervile working on the Lords day F 13454 May The Table, Maypunifh Sele<5l-men ncgleOing Ofders fur Sai t-Peeterj/ith to Sealers of Weights and May Punifh Executors in cafe, Jee Wills 157. 1 May or«ier Eftate where no Executor of Adminiftrator jj8. 2,. May fettle the Eftate of Pctfotre dying inte- ftate s 3 Judges related to Parties may not fit as judges in their cafe in any Court, jce Courts- 38. 9- In difficult cafes they may confult the Gene- ral Court s. u. The time and pla ce for County Courts 3 7.7 to Piioifli rcproachers of Courts and Magi- fljtatcs 3. 4. Not to be abfent the time of their fitting, on penalty 41, y. With the Conftablemay take in Proxies for B]eid IQO Who may be conftant Preachers and Or ^ dained Elders. ibid.s>J4 No Ordi nation to proceed without notice given *^^ Open oppofcr s of the Word &c. ho w to be proceeded with 4s- 'J" Penalty on difturbing the peace and order of Churc^ies *biil Who may call and ordain Ch. officers^fi.ac Of Afliftants vearly how to be determined, f7. I- OfGOvcrnour^ Deputy Governour, Major Ca?.neral, Treafurer, Secretary, Commif- JioneiSbf the United Colonies bow made ibid S. -?• of AfTiftantsho^v proceeded in ibid s. ij penalty of any failing in their tiuft, ibtds. S' EfcheOts. V/hatandhowdifpofed p 4p Farm. To be of the fame t« herein they lye, Fairs and MarkcU, ^V here and when ^ P49 Ferrks. How to be regulated 50. I. No Canoo tobeiifed there on penalty ibid Wcytnouth Ferridge vihat ibid When to take double Ferridge ibid Paying no Rent to the Country to take no Ferridge of Magiftrates, "Deputies &c. ib. Voneto prefs into Ferry boats vitbout leave ibid e. 2 No Ferry to faffcr any to come info his Boat in cafe, on penalty ibid ^Vho fhal! be firft tranfported in Ferry boals ibid Ten- ForEntringof Aflions,/c!; AOions 2.4. Additional Fees in cafe j j. Of Clerk of Writts. For Warrants, Replevin, Attachment,Bond feeCkr\pfyvrJtts 2S. h ForReccrdingHorresfhlptoff,/*; /^Pr/f/,^/-. 1 "For Recording Marria^es/e marriage^ie 1.2 Additional Fees in cafe ibid !ForKecordingSirlhs and Deaths,/(rf 7^- cords 1^0. S.J. f or Tolling Catlk,/ftCi?^//e. p 147 Of Feccrder and Cle/k cf Coitnty Cwrt. For filing Evidences &c./fei^ff(jrV/ i^y, /. ^p 1 10 Of Cimmiffmers Court of £cJ\on. See fmall Canfes 2t. - Marfbak. SeeMarfhals it3.S4,.r. Additioh in cafe ,ty^ Cferf^ofTrcop. See Military j,^. ,g^ Fitjes. To be prefently pard,fecured,or perfcr. com. mitted p j , Mny be rcfpitea by Courts ihtd In all Courts, or by Magiflrate or Commlf- floners for the Countiy, to be notified to the Treafurer in J4. daycs -.bid For Galloping in Boflon, wljat to Coimty Treafurer, fee Cailopri^ p ^^ For keeping Chriflmafs^ and Gaming, jre Gaming P57358-si^. For playing at Cards and Dice ibid s j. For bringing in Cards ibid s 4. For denying the Scriptures, what to Coun- try Treafurer,/n' //fj-f/ze j'p. 2, On Maftets that bring in Quakers do, 4. On perfons receiving Quakers i}^,d For Veffels trading with Indians, fee Indians 7S- 3' For trading with Indians, to the Country,s.4 For felling Boat or VefTels to Indians, 7-e.j/«rf/ /^f, ^^ Firing (f 'Burning. Woods or Common Ground, when;jr]l.iw ful, on penalty ^f,^ When lawful ',^4 Any Frame, Timber, &c. wittingly and wi! bngly "burnt, the penalty Und Any of liJ years of age firing a Barn,&c. how puniifhed ihH s z AT^wellingHoufeburnt, how to be fatis- fied for _ ibtd Fifliy Fifnermen. y^/JCuUerjof Fifljtobefworn jz. i. Snom CuHiTS to le-in a/lfjlitn/ places i hid u^l/ ffli approved by them to be received ibid ^''k CulU rj Salkry, & by iviom to be ^ard.,\h. What pfli dedaredMerchantable ibid Liberty to cut Flakes i^cgiilated ibid s. 3 2t« The TaU e. IfoFiJh'to be taken in ff^awnin^ tim: on pe- nalfj ib:cl.s.4 NoMaekrclforfi^tin^io be kriN. iitl hiy, art pena/iy of forfeiture ibid.S.^ Fifijfaltcd with TartuJas fali^ and fosyeby f^tted^mt Mcrcbahtahte • p 54. s. tf What, and the penalty p J4 f cry.: cation. What, and the puniflimcnt 54- '• Bv aTreemarijfurtlTcrpuiiifhed ihid. s 2 TncroputeQFathn ofaBafiaid tojaiaiotam it. SS' 3 Freemen. May order Fences in Common fields where no Selecft ir.cn, /c£ Com fields 17, a. May determine differences in cafe ibid May by their FcofPes or Proxies appear on the day ofElc6Lion,/«^DH''ti 35 vj- To fend their Deputies ro Gencr.Courts, ib. Perfons allowed by Genera] Court for Free- men, to be 1 worn by County Courts, 3 8.12 To nominate fuch as (ha! J keep Courts in Counlies with a Magiftrate ^6. /. To give in their own Votes in "Eleftions of Deputies, fee LDeputiej P.4O. According to their number may fend Depu- ties to General Court_ )bid Who may fend,or not fend ibid May chufe theirDcputies in anotherCoohty ibtd. S.2 May not chufe any perfon unqualified on; penalty 41. 4.' No perfoD being a member of a Church not approved fhall be made free, fee Ecclefa- fiteal ^ 4-S-S.2 Atidnoncelfetoputin Votes for Ele^-; Penalty for difpcrl'ing Quakers Books, ibii Penalty for revilinc Magubarcs and Mini- «"S ibid. S.J C 2 -Pui, xos The Table Pubfifhers of Errooious DochJne, how pu- nifhed tbtd.rtS. Quakers to be apprehended, and liow -pto- ccedrdvv'ith tbtd, a p. Any perfonsdefendine their Opmions,.3nd ftirriiig Dp mutiny, now to be procee(ied with ibid Orderagainft Vagabond Quakers, 6j. ic Order againft Vagabond Quakers only in. force, the rf ft fufpendcd (? Isfuites forbidden co enter the Jarifdl6ion other- wife then the Law allows J) £^ 7 Thepcoaltv on fuch, n.nd bo'V to be pro- ceeded with ibid Impcjlson Liiuo.'s. No Wines or Strong- waters to be larded before EaTry, 01 pentTify of ooofifcation f£j Excc{.'t whjt comes tio»r> England ^.7^ i. Goo3s confifcate hov c^jfpofcrl of :brd Cuftomes to be poid ^b^n Gcods are landed, ifadd The CufTowe Maftcrtc have Df putiesna oer him ibid Rates of Cuflome on Wiaes, ^c. ibid. The Officers power and duty 68.-2 Mafletsor"Merchants"beirgflr:3ngcrstopay 6.d. aTunforSbipsa^ioveiOoTunand 6.s%.el. forldf'tr 60. ^. ' hl]l*/l'um, CydrTy Ale, Deer io pay Esfcife ibid.s.4 Evf'anaticnof Entry ol Wines 70. j, C uftomcs of Wines, &c. to be paid in rrjony or the beft of the Specit ibid Jmpo/ls Oft Good's and Frcrijfion, All Goods imported hot exempt by other Laws, to be Ratfible to the Country as other Eftstes po. /. Every Faflor or Agent to pay i s. for eve- ry j col. imported ibid. s. 2. Every Maftcr or Purfcr to certifie to tbc CoUeftor the contents of this Ladiii^ be fore he break bulk, &-C. ibid s 3 Every Coileftor to enter the fcveral parcels, and to whom configned ibid s 4 Every one receiving any Goods to give in to the Collector *he full value 7!- 5' Any perfon denying or delaying payment, IheCollcOormsykavy the fbme by d«- ftrefTe ibid, it 6 TbeColle!nor csy rfqoue, and if need be diftr3in,and none mayrefufcon penalty i^. Pcrallyof falfifying, concealing or not producing Invoices of Goods ibid.s.7 Penalty on any brjngini^ in Cattle, and put- ting th?m to fale oeforc ifotice given to Ihe Offrcer ibid.s.8. Penalty of Beaver, &c. brought in and fold orfhipt before Entry ibid.S 9, The Country Trcafurcr, with thofe deputed by him under his Hand and Seal to attend tbc execution of the aforcfaid Laws, P7i,72.Sio. All Officers imploycd by him to be account- able to hem at all t\mfS ibid Goods halving paid Cuflo:nc<;, rot to be ra- ta bis agaio that yecr being ip the Owners hnnds ibid. s. i. .The Governcuraiid Council, or five Ma^i- ftrates >rmv eivc dirediicos in any (juel^ion that ^e Tahh. that may arife about CuQomea 'ibid.:, is The Ticafbrers Office to have a Seil itd NoMrtftci-ofVeflel to dL^iver any Goods brought in without Ordg: from the Col- leftor ibtdt.ii. The revenue of ell Goods brought in fo Pafcataquatobc pdJ in to the pu"blick Treafury «t»d. i 14. Asalfo all Cuftomes of Wines, Goods and Powder for (hips already leccivtd, tote paidtothcPu"bhckTrtafi:ry ibid.T.iS' Goods belonging to the Inhabitants of Paf- c-»ti!qua,topay noCuftomcto the Trca- fur'ci ^ 7^ 16. No Workmen to be compel d fo work from home above a week together 7 J- I. Mone to be compelled to publick ferviceor work, except tTie PrefTe be grounded on General Court* Adt » W.i. ;. tvery perfon fo prcfTedjto have reafonable allowance for his fcrvice ibid Perfon J exempt from Office, Warrs or pub lick fervicc ibid None to be compelled out of the Jurifdiifti' on, on an offcnfive, but only on a defeo- five war ii^id No mans Cattle or Goods to be prclTed but by Warrant grounded on fome Ai^ of General Court, and to be paid hire for thcm.a'^d reparation in cafe of damage ibid Im^rifottfnenK No Bail or Main prize to be taken for Ca- pital caf:s, or Contempt in open Court, P-74- Miatts, Right of land declared 74. i. Rcdcccd to civility, to have Alotrncnts a- mongtheEnglifli ibid Civiliied a. competent number, fo as to be capable of a Townfhip, on Petition to the General Court, fhall have Lands fet out ibid Shall have relief in any Court ag?inft the Englilh doing injury to them in their planting Grounds, &c. ibid .He perfon to give, barter, or fell any Arms or Amunition to them on penalty, i.z. Konc ofanjr forreign Nation or Englifh to Trade with them in thisjurifdidt.p.75.s 3 ftnv perfon in this Jurifdiftion may fcize 00 v' dills or Coeds in trading with them-ji' Noncdirsaiy or -ndlreOly to Traie wi!h them but fucfi as are allowed, on penalty, 54. Encouragement to the Informer »bj4 I'Tonc to give or fell Liquor to them on pe; Dairy, ibid.s. 5. unlcfs in Acknefe, s.6. All Tradmg houfes net allowed, to bt de molifhcd " ibid.s. 5: None to fell any VelTel to them on penaitj', ibid.s 6, The Laws in force among us tobe pubhfbed to them in fubjc^ion to us ooce a .year, 77. 2. Powaws forbidden on penalty ibid.s.»o Any perfon may ftize any of them havmg Liquors, and deliver both to the Confta^le ^ ibid. s.iJ. Trade wirfuhem for Peltry artd AmUDitJOii tobe allowcdby the Treafurer 78-1^ Every allowed Trader to pay for his Liccnfe to the Treafunt, ibid. To give a true ac compt •t'^- The Law toucbLig Trade witb them to be only during the Courts picafure ibid. Ituiiiiments. No Indi(Ctments,Complaint or Prefentment of force if not made within one year after the offence, except in Capital cafes, and Fcllonies above 10. s, wherein perfons damn:fied to have their remedy according to Law ?• 79 Every one to pay for draught of Beer, Cy- der, &c. /fcMioy^j <^P- 4» To give accompi once a moncth on penaltjt of forfeiture of their Liccnfe or otbctwifc ibid None may be a common Viituallei, or fell Wine, &c. bv retail without approbatioa of Selcbid Every one to hav*"' a Sign within 3 months after licenfe granted on penalty ibid To be alwayej provided with good Beer, as., the Law provid^-s, on penalty p Sa To put DO Moloffcs in Beer Rerailed, on pe- nalty 80. 2- Nottofuffcr any tobe Drunk, ot' to drinV cxcefTivcly en penalty ibid, s.j That flinll conceal in his Houfc any perfon Dtuokjor not make (tay of him till a Con- X> ■ fiabie le-^ TheTMe. liable jcomc, the penalty ibid Whom llicy may entertain in the night (ea- fon 81. 6. TheirLicenfesforfeitableincafe 82. 9 To provide fonStiar\gcrs Horfcson penalty 82. 10 To pay 50. s. /)£■)- Butt for what Wine they draw, and to accompt with the Trcafuref every dmonetbs ibid. s.ii. To pay inch Imports on Wines to the con- tent of the Treafurer ibid penalty, and all prelent equally guilty in cafe 84. »7 Any perfon that fliall keep a houfe of Enter tainmcnt, ■without liceBfe hadj and re- nkwed accoxdbg to Law, the penally, 84. 18 The penally for nny peifons frequenting Ale houfcs when forbidcnbyScIeil men,).i9 Tud^emcttts. £xecuiicnr. Wbcn to be Entred, and when not, fee. yit- tacbmettts 7. i. Topay DO Import for what Wines they fell ( Acknowledged before two Magifltatfs and by theC^aiter-cayk ibid To clear their Houfes in Leflurc rimes on penalty 83. 32 Their Licenfcs to be renewed yearly,/t.s. j %. Permuting wanton and rude fmgiDgir!.iheir Houfes, the penalty 84,17 EniertainiDg perfoni forbidden by the Se- ie:eeulioi»s void in Law,/fe ludget-netits p. 85- A perfon dying before Execution upon Judgement is taken out, or before fatisfa- <3ion received, may be reruewcdby Eecu- fors or Adminilha(rrs,/i!'f lutigm^ints p. 8^ To be levied by IVlarfhals^/ff J^arjiwQz.z. In civil Amnions void if not firved within a Njoneth after Jwd^eirient, except the Couitrcfpit,/fc/K>ff/fJ P144 Jurors^ Cravd-jurors to Prefent Exccfs in Apparel, fee y^ppgrtl p.y Taylors in cafe. /it uiddiiionstolhc Zflw,ib. Nfgletff of Towns piocuringan able /Vlioi- iiiy, fee £cclefeJHtal ^6. J9 The breach of the law tit. Indinns 75.5 Grard lury, and lury for 7 ryals. To be Slimmocfd for County Courts out of their own County, /(c Courts ib.s.7 Cojurors to be fummoned from Salem to IpfwkhjTiot i centra ib^d To attend Courts adjooicments at the time appointcd»/cf Courts uidjom)tn\cnt.,y^^ lurors'. AtCoMit af AffiflontSjto be cholen out of Suffoik^andMiddhfeXy fee luricj gtf. j. Jurors Avoi'n tojudpc sf itiatter, of fa^ and coQsjihe Deuch of mtUtr of equity rbid A fpecial Jury to be fummoncd forbfc or br- niChment, &U Ofaod The Table. Grandjuriestobe fummoned yearly to at tend the feveral CocrtSjWith their duty,J. ^ Every Grandjuror to be allowed s- >• P^'' dhm ibid Grand and Psttyjuricsmay give in a fpecial Verdift in cafe, (he determinarion where- of bdotigs to the Court 37,3. All jurors in matter of Fart, not /indiig the main iffce, may prefent wliat they finde ibid Any Jury or Juror may in open Ctmi ad- vile with any pei Ton to reiblve or diredl them before Verdift ibid. j. 5 < Ko Juror ft:.a!! ferve above one ordinary Coi:t:inayeat,excepf Giandjarori, & in cafes of life and oeach ibid Xhe Fci\;man of every Jury to deliver up Si\ Wf itingt commiited to them.to tiie Clerk, fee Records Jzp. i. A jury to be fummoned in cafe of untimely deaiib, what to do, and to whom to make return jfee untintiiy de atb p- 3 £ Tan Fats fet in Tan hills, &c. the penalry, t ^ Curriers duty, with the peoalty of ne^lc^, ibid. s. 3. Sceinhers of Leather. To be fwofn, their duty and power, ibii.s. 4. Negleft of rhesr duly the penally, ihid Howtodirpofe of inefficient Leather fei- zed by them 00, 5 Liberties Ccmmon. Every perfon may freely Fifh or Fowl in any Porid,&c, uniefs otherwife appointed,&c 90 z- No man fhall come on anofhcrs propiiny without his leave, and as in faid Law ex- prelTed ibid Any Perfon of the age of 14 years tiiaking a lye, their puni!li:Tieot, ftock, fine or whipping to tbe fourth offenc.2 p gh Penons underage, for lying to be puni/be'l by their Pateats Hid Litttdsyfree Lanif. AllLsBfis granted, or to be grantdiarKon tearro of "years without licence iorfeitable as if bought ibid. AH oTir Lands and Heretages free from a". iicenfss upon Alienafionr, 6cc. fee LanA^ p. 88, Any perfons may purcrafe Lands of Indians where Mines are difcovered, fee Mtnts^ 116. I. Leather. Raw Hides not to be tranfported on foifei M ture, jee Hidi;s, 6i.i. Brought from beyond Seastianrporlablejit, To be prcfcrved from corrupting on ptnaUy ibid. s,2, >IoButcher,CurricrorShoo maker to cxer- ^ ^^ cifeTann.ngronpenalty,/feXtj8ti r Maygrant Licence to export Towdfir, See T^oTannertobsaBiitthei-, &(:, ibid I Povpder ti6. x, GafhJngHidcs in taking off; penalty »^ May appoint Surveyors of Ships to be built, rate:, GOvemoutjDeputy Gove.-nonrand five Magiftrates may order and divert: for removing obftruftions referring to the Execution of impofts, fa; Imposts, j^.iz Three Magiftratss may keep' a County Gonrt,/a,fyileited «i?. i.\ bee^hiis U z ly MVJ The Table. May take Order about Strangers, jceStmn- gers ^ P- i§4 With the Clerk of Court may take the ?.c- kaoveledgement of a Judgement, Sec Courit 56. 7' One iJ^a^iiflmtc, May puTiifli bttach of ihs peace, /re Brednh of the P me J I. I. May fuppiefs .a forceable detaining pofTef fion after' EKecution ibid.s.a May give PcflefT.on ih'ui One or two to beprc'cntat opening Votes for Nomination of MEgiftratesJlviVrifif/p?;/ 47. s. May commit any pcrfon fufpeftcd for firing ahoufe,&G. /e« F'mng ^1,2. May punifn fuch 25 ksi) Macurel before July May punifli fo» Galloping in Bollon ftrccts, ^se Galloping ?• S? , May p«'iifll^ai"ing or Dancing in Ordi- nc-'tieSj/je (^smitig ^ s?. 1. May imprifon the detainer and abettors by May difpofc ol Caidsand Dice brought in Warrant to ths Matfhal 'W vo!unfaii!y ibid.?.^. May give Oath to Clerk cf Markets, /f^£(!7 May ccimnit toPrifon any who wictingiy May prefie Workmen to repair defective Bridges, /(ff JSiffljifj ta. 3« May punifti for.Pilfring under 40 j. Sa Bmglary 13. ^. To return the Cafes he ifTues to County Cou/t ihfd May punifli Corporally in cafe ibid- May give Warrant to fearch for ftolien Goojs i'vid May proceed with any fufpeQed according to Law p. 14 May give G'agers of Cask and Packeri an OarK, fte-Casi:^ 16. 1. May; punifh any for taking Cattle to ufe without leave, when and how, fee Catth', ip. J- Way end fmall Caufes under 40. >r. See Cat) fas 30. I, May fit iti a Court with the CommifTiODeis' of Bolton 21. 5. May punifh unruly Children, fee Children^ 27. 2. May puntft] any perfon entertaining Chil dren, &c, ibid.?.}. May dsfpofe of OfTenders brought before him, /ff Const Me it. t. May pTOifh any that refufeto aid a Con- ftable ibid, s.j. May commit to Prifon any that re/ufe lo make acknowledgement of a Deed, &c. fee Conveyance j£. 4. May adjourn a Court in cafe, fee Courti ad- joiniiynints ?• i^' ■May Summon a Jury en untimely deathjue 'Unltmcly iieath P-19- May deal with cpcn oppofers of the Word, &:c. fee Ecckfajltcal and v.'illi.ngly deny the Scnjplai e^ fee Hettfie rp. 2, May by Warrant exad fines on Maflers that bring in Quskers, and take feeurily 10 carry them away 60. jy May appoint men to view High-wayes oneon-ip)aint,/i?(f .//?^fc-w^^f/ 6j^ ^. May pun;.(h cr binde oveE idle perfons to the Court, /f?.M^ Pfr/OK/- 66. t. May commit or bind over to Court of /(Ti- ftants any fufpectcd to be a JefuitCj/eff lifmtet p, ^7. May fine any refufing to afTif^ the Guftoroe Maf^tr, fee hniofi 6S. 2 With the over.fcc;.-^ of a work may Ireipreffe workmetj ic Ihe next Towns^, and fet "WX' ^es, fee Imprejj'cs 7^. ,^ May fine or puuifh a Drunken Indian, /ee hdians yg.ti May pc'-iiOi sny ibat brew not Bctr zzzoxi.- wgioL?.v7,fes hhecpers go. 2. May ^mrSh P.et?.ii;rsof Strong waters, or pnvste Hcufe keepers fcr permitting Tipling ^ f.SiiS2,S.7,S. May delerrnsns ail oftences againft thatXaw Msy puniin wanton and rode fmging in publick Houfes gf 17 May commit any that keep a Houfe of En- tertainment without lieenfe in cafe, S.18 May punifh any found in publick Houfes prohibited by Sekti men s j. tp May Summou a perfon to anfwer a Ctitncj fecluYors g^. 6. May give an Oath to ptoovcis of Leather, fee Lci-'^tker s^, ^ May give Oat"h to Searchers and Scalers <^ Leciher ibid. r,4 4^^^■ /.J- - May puDifp. pcricr.s forabfenting from pub I May punilh Lying}/«i' L'jin^ lick \Vot!hipciithei,abbattl"' 4i.i(' M;iy The Table, May punilhSeaniertdefetting their Voyage fei MartUynt> 99- 22. Way allow of a Motion to Marriage in cafe, fee Marringt to 1. ^ Nfay coiTimit to Prifon any atteiDpting Marriage in cafe ib'id MayjoynperfonrinMamagc, 102. s May not joyn or fuffer any to joyn ttem- fclvesin marriage before publication ibid May prefsmen&Doates to purfucRunna- wates&c- See Mafiers 104. 3 MaypuhifliMairtcrsiheafc/Jf^'r/a/t 106. i May commiti a diforderly Souldier to prifon in cafe /ce A^tlttary p. 103. May by Warrant feize the cftatc of any tranfportingburGoyn, fee Monty, iii.2. May give the Oath of Fidelity to Inhabi- tants dnd Strangers, fee Oaths, 119.2 May give Oath to culfersof Staves,/ff Tt^e- PclVeS, p. t2 2. May commit Ruoawaics to the houfe of Corrc* No Voyage to be hindred by fuch protcft,*^.. How the Didcntcrs pa rt is to be fecured, )i> Owners of Veffcis living in feveral Countries how fat the Matter may ad on their parts 94- ?' Maimers or Mates non-attendance aboard; the penalty ibid.s..j. Maftcrs agreement with their men for wagea tobeenttedin a Book, with their mens hands thereto, on penalty ibid.f x Matters to make due provifion for Seamen and PafTengers, on penalty 9s- 6. No Matter to fnip any Seaman fhipt by ano. thcrbefor?, on penalty ibiA.s.7 No Seaman to thip himfelf with any man till cleared by the fitft imployer, on pe- nalty _ «tf«^ No Matter to put into any Harbour in h.s voyr^ge, except neccffitated &c. oopcualty, s. S' Mifters may aUcrtheir voyage In cafe, s. y- M^fters to pay mariocfs their wages. On pe* naity, 96. 10 Damage on goods aboatd, howto be made good in cafe, s. ;/. Nq Matter ofavefTcUto more nccr him that was ffrftniored, on penalty, ibid. s. /-'. Any Maftcr under fail running aboard a Ship at anchor, to pay all damage, 97. ij. HoW goods thrown ver-board to be made good, s. I A AVefTell giving over her voyage through, infufficicncy, the charge of Ladirtp & un- lading, by Whom to be paid, Wids. n. Goods damaged at Sea by negligence, to be made good by matter & manners, ii.s 1 6 Damage ilone ty one Ship on anotljtr, by breaking loofc, how to be tnadt' good ^S. 17 Marrinerj.abfcnting thcmlfilves from tScir Ship, the penalty, %^^ia\\s s. i. ^Trcajiiytr^ //i. 4 To Levy Executions on penally ibid. s. 2. To make Returns of Executions, to Clerks in two months, on penaky ibid. To ferveall Attachments dircdled to them and make return to the Clerks cf Courts 10;. 3. No Marfhal to be a Clerk ci Recorder of 3 Court ibid Marfbalsfces. ibid, s, 4 Additional fees. itid Mar'Jiall Generals fees ibid. s. j Marfhallsand their Deputies may require . aid in cafe, as Ccnft ables may do, ibtd.s . 6 Any refufirg to aid them, the penalty, ib\d Maifhallsor other Officers power in levy- ing Fines, Amercements and Executions ibldt S. 7, Where they are to make demand tbid The Officcis charges to be leavied with the Executions 104. 8 What Goods may not be taken byExecu- cutioD ibid The J^arfhalmsy take the perfon rcfufing to difcover Goods or Lands ibid ii/arlhai or other Officer doing wrong to anytomakcfarisfacTtion ibid.s.^ To enquire after Wheat landed frojj for- reign parts and put to fale,/fe Ai(ilt^\o6.z M&iVcLiX General to receive of the Secreta- ry, and fend forth Orders of Gcneial Court, fff '.^ft'o»-(ij 329.5 To fend forth Treafurcrs warrants, &c, ibid MaJlerSf Servants, Labourers. No Servant fhall Give or fell any commodi ty without Liccnfc 104. r. Time for Workmen prefcribed ibid.s.z Runaway Servants and other fufpitious per- fons how, and by whom to be purfued, ibid. S.J. Workmens Wggesto be fet by the Free- men in Towns ibid. s. 4. How Workmcnswagcs to be paid, v j, j. Servants flyiog from ctuclty may be har- b0U2C(J The Table. boured in cafe, ihid S. 6 No Servant to be put off" for abofve one year •without cortfent of2Mngifl;ratJS,;tzc/.s. 7 Servants maimed by their mafters, to have recompencej ibid. %.8 faithfall Servants to be rewarded, ib'td. s. p Unfaithful! Servants how puni(hed,?fcJs.fo See more Burglary^ i^. 2^ Malt. Penalty for malftcrs,if malt be not well made 106. I. No wheat, barley &c- to be brought in from forrcign parts, on penalty, tbid. Millt, Millers. No /filler fhall have above cine fixtecnth part for Toll. of what he grinds p.lo6 Every filler to have Weights and Scales, ibid Military. The Serjeant Afajor by Warrant may re- quire the chief Officers of the Regiment to meet 1 07. 1 Such meeting mayimpofc fines in cafe, Md may order Clerks to diftrain ibid 64. Souldiers bcfidcs Officers fliall be ac- counted a Foot Compaay :o8, 4- The Major of the Regiment to order frr.al- Icr Towns ibid Every Capt. Liev. and Enf. to have Com- milfioD from the General Court ibid Every Captain fhall appoint what Arms every Souldicr fhall fervc with .ib. s.% Two thirds of every Company to be M\i{- kets; Pikes, to have Corflets and Head- pieces, /fc/i. Or BufF or Quilted Coats Every Captain to exercife his Company fix dayes in a year ibid To give notice thereof three or four dayes before ^tiVi Dayes cxpendedin marching to ^^ fj^ ^j Regimental Exercife allowed part of the fix dayes ,bi^ The three chief Officers may puniOi difor deriy Souldiers, with the macncr ho\r,;fc s. 6. Souldiers how to be Armed, on penaky, *. 7 Who are to be provided with Arms ibid Any Soaldier wanting Arms,how to be fljp- Whdtpecfons arc exempt bom Training, tbid. i,^ Every Company to have a Clerk, his daty, ibid. c.lO To be upon Oath ibid Committee of Afilitia in every Town ftatcd their power and duty in care of A!arms, s.i : No^ajorto lead his Regiment oiu of the County, except, &c tbja Seniority of Captain to be according to the Seniority in Towns ibid Bofton Captain pteceedency by priority of Commifiott ' ihj^ Warrant for Iropreffing Souldierf, to be di- rected to the Coinmi'tee of militia ib Committee of militia may fupprefs raifing Souldiers by any but this Government, w Committee of militia with Seled men to mount Artillery, and repair Forts, &c. ib. Commiffion Officers of Horfc to be of the militia jj,,^ military Watches how to be fct ib.s.)Z Firing a Gun after the Watch fer, the pe- nalty ,,n The duty,of a Sentinel and Round ib. 'What fliall be accounted an Alarm ibl The Souldiers duty on an Alarm, on penalty ibid Smiths and othtr WotJbncn to repair Arms on penalty 3ir. 12, Surveyor General yearly to give accompt to the Gouncil, of tjie jftock of Powder,&c ii>id.s.iti. Every Town to have a Watch heufe, on pe- "^'ty ibid.3.15 Every Town to have a ftock of Powder, &c on penalty jbi^j Troops to be under the command of Majors of Regiments ijj.^j Troopers ptivilcdges confirmed, what ex- cepted ,bid Hov^ to be Armed ibid To exercife 6 dayes yearly on penalf/, ibic^ livery Troop to have a ClcrJi, his fees, ibid Officersof Horfemay remit or abate fines, ibid Troopers duty ia cafe of Alarm, on . penalty ibid Ko Officer of a Foot Company to be a Troo- per, Hid. No Troop tobedravrn out of the County but by order of Major Ccaecal, except, ibi^ NoTroopcr may put ofFor change hii Horfe without leave, on penalty ibid E ?. TiooJciJ The Table, Troopers fines for Non appearance tbtd 1 Ko lifted Trooper may disband himreirwith j out leave on penalty ibid • A Trooper difmifl to be returned by CertiE- j cate to the Commanrfer of Foot in every \ Town ibid Inferiour Officers Ccunmi/Tions to ftand good, on the death of Soperiour Officerr. 114- 17 Souldiersbeiog difrniftfromLxcrcifi to re- pair to their quarters ibid OiforderG of SouJdicrs to be punifhed by tht chief Officers ibid Trooper* lifted after dj not to have the al- lowance of 5.S. ibid Who may be lifted as Troopers ibid Who are lyable to Military Watcbes, s.i^ Town'?not under parJicular Majors to be or- dered by the Major General 125.19. Commifrioh Officers to be chofen by the Genera! Co urt,except,&c. 116. 23 inferiour Officers to be criofcn by Commif- fion Officers, or Major, where no Com- miflioa Officers are ibid Regimenta! hjeetiDgs ordered ib.s. gj TheJ^fajors allowance at foch meetings, what, and by whom to be paid ibid Commiffion* for military Officers to have tfacPublickSeal, fee Seats Fubfickj^M^ Dlfcoverefs of Mines to enjoy the profit thereof, for ai years, provided , &c, 116. I. Wines found by any man in his own proprie- ty, fliall remainto the Owner, except,&c Hid Money TheMinth'ouretobeatBofton tiC. I. /\ II Officers belonging to it, to be fivofn, jfr. "Every perfon may. bring Birilibn or Plsteto be minted ib All money minted, to be of5rcrI. Alloy, ibid The Stamp and Infcriptiori of money, jb. The value of money Coyncd jbic' Money Coytied here to pafs currant ib AUowance forCovning,and wcJghi.of Coyn ibid No petfen to carrv, out the Coyn of this Country, on penalrv 117. 2, Searfibersi'Dr moncy.fxporttngto be in all neediul piaccsj theu power ibid Stich5earf)hers to take an Oath ib, TOay te<}wxrc AffiiiaQoe ibid. Aionopchei. No Monopcly allowed but of new Inven- tions that may be ptofirable p.iijj Oatht, Subfcrjption/. NO Oath to be impofcd, or fLbfcrrption required, but what the General Comt bath appointed up. j. "No Oath binds any man or Officer, but while an Inhabitant ibid All Inhabitants take ihe Oath of Fidelity,;. ^ All Strangers to .taAe the Oath prefcnbed, p. 120 Offrejfiott. What, and how punifhed p. jzo. Faymintt. ALL Payments to be in Specie contra- •fiedfor m. 2. Petitions, Evay Cabfe heard by General Court, to pay the charges of the Court, bcfides En- try p. 121 When Petitions are to fee received, when not ibid Who may ptEfenl Petitions without pay- men? ibid Accomptofthe number of Petitions to be fignified to the Court, as direifted ibid 1'ipeftaveSj Vitmrs of Staves. Coopers f^aves to be cuiled,/ff Coolers, 17,5 Two Viewers of Staves to be chofen tn eve- ry Town where they are (hipt off, See Fipr^aves p, 12 1 The V: ewers to be upon Oath, their power, ibid Affizc of Staves ibid Toicepaccompt of Staves approved, and for whom ibid Pipeftavcs fhipt not approved forfeitable, is Seai'chers fees for colling ibid Mafte;s receiving Staves on board, not cull'd ihe penalty ibiJ Refufc Staves not prohibited tranfportation ibid Foot Terfont. Tobcdirpofcd of by Sbire Courts or two TvlagliVatcs out of Court ai.i. Any The Tahle. Any perfon not excepted againft within 3 moneihs, fhali be reputed an Jnliabitant in Towns where thy arc, th'id.s.2 Any perfon excepted againft, and not remo- ving, nor coinp.lained againft to the County Court by any Town, the penalt.ib Wliere perfons cannor be /ettlcd in any Town, the County Court may order- their rcfidenee, the charges to be paid by Coun- ty Trcafurer ibid Poffejfwn. 1 ille to Inheritanccsby PonefiioD, declared p. J 24 Porters, lo be allowed by Seled meD,and their Wa gcs determined P 124. PUintsffs and Defendants. Plaiiti.ff asking advice of any that are to judg in his cafe may cot ptofecule his Aflion, fee Counsel p. 34 In fuch cafe fhall pay cofts to the Defendant and fo e contra ib. To attend Adjournments of Courts, y^f jid- joumments p. 38 Not profccuting th(;ir Aftions at Court of Aftiftatitstopay cofts to the Defendant, fie Jurorj 87. 4. Not appearing the firft forenoon of the Court to be Non (iiited ib.id.s.6. May make a new Entry in cafe ibid Defendant appearing in any Court, having asked advice of any of the Judges, being proved to pay lo.s. lothePlaintiffe, fee Counfel P. 34. To attend Court* Adjournments, See Ad jourirmentf P. 38. TohaveCodsofthePlaintifFe not profccu- ting his Appeal, /fe^'*''''''!' ^7* 4- To have colts of a Plaintiffc upon a Non- fuit ibid.s.tf. found. Pound breach. Every Town to have a fufficient Pound, 124 I. Any Pounding Swine or Cattle to give no- tice to owner or caufe them to be cryed, ibid J* ny Swine or Cattle efcapiog out of Pouhd he Owner to pay all damage ibid Owners of Cattle to pay damage or Re- plevin ibid No one to Refcuc Cattle going to Pound, on Pcnalry ibid. s.i. Pout)d breach, the fenalty ibid Harms done to any by Kelcue, to be made good ibid OwnersofCattle abettors in a Rcfcue,theur penalty ibid Powder. All Powder, Lead, Sliot, &c, imponed.to be Entred with the Notary, on Penalty, u5 I. The Notary to keep a true apcompt or fuch Gooda 'bid Not to grant Certificate to any in caf^. on Penalty ibid The Captain of the Calle to fignific this Law to Mafleis and Merchants ib No Pov.der to be tranfportcd out of this Co- lony without licenfe, on Penalty, il6. 2. Prefcrqtion. What, P. 12.6 Prclidents & Formes of Oaths &c. f.102 Prifonert. Who may be imptifoned, fee Arrets, 6. 1. Maintenance declared ibid Not tobe kept in Prifon in cafe ibid Concealing Eflade t« be fold ibid Or underBaiIforCrrme,to be tryed at the next Court that hath cognizance thereof. See Courts, ^g. Jo. Tobe conveyed to Prifon at tbcir own charge if able, roid The Mafter not to difcharge any committed j -pErfons ibfembg from publick meetings but by Warrant ibid | Jt on the Lords day, Sic, the penalty, fee Ecclefafticdl 45". i5. PriviUd^es Civii. Ko man to fuffcr any puhifliment, &c. but by vertue of fome Law eftabliflied, or fhe Word of God P. • Mo man ro be Imprifoned before the Law hath lentenced him in cafe, fee Impyifon- mmt ^ ?. 74 Any pcrfon may come to any publick meet- ing,and prcfent any necelTary motion,&c fee Librmes Common po. / Any petfon mav remove cut of the Junfdi dicnjifnokgal impediment 9 J- 3< *Protef}:atfoy!. How, and in what ccfe to be made p. 12s. Pmii^imenf, Jio man fhall Ije fenteaced twice for one of fence p. iZi;. Ko man to be punifted "^ith above forty ftf ipes at one time ihtd Mo man £0 Be puoiflied with whipping in cafe thid Wo torture Co be afed'Jj^fore conviftioh, ibid ALL f-Lvic^^ncesinMiy cafe, to be given in Writing, anrt.isepi on kis; 12 p. 1. Every Parenr.i^c, m gi"e the narrtes of all born or dying to C \c^k of Writt?, 130.2 Anv pcrfon may ilecord TeftimocTies, &c. Def^cin^ of Records, the penalty Mr! Any Perfon may viewer learch, Rbltej Re- cords.ot Court, &t. ifc'-'.' Rolk Records^ 6:c. that may be viewed, in l*i:preted ihidt.s,^. Replevin, Ou:fiers of Cattle impounacdjm.ay, Kt'^lc- ^r.nXA^m^ fee Cattle '8. 3 Jo be granted by the Ocrk of Writta, fee Clerk of wmtr 28. », What may be Replevin d« -vvhcn, ond by wb oin, fee Ti^plo-m P. 1 31 Prophaoing of the Sabbath what, \tc Sab- bath /JS. I. Youth Prophaning the Sabbath, how puni- Ihed ibid Pcrfons above J 4 years of age,PropbaDing the Sabbath, how Punifhed ibid By the Lords dav is meant day light ibU Drinking m Ordinaries after Sun fet the pe- nalty /.?/. 2. Any Perfofi not paying their fines, or giving fecjrity, to be corporally punifhed, s: ^ Any doing fetvile work on the Lords day,thc penalty, /^4. -?•. What Travellers by Land ot in Boats to be accounted Prophaners of the Sabb3th,iti:,; amui'. ti). s-^ | To give out Copies of the naircs oi jicrlons j allowed by General Court to berrcfnien jec C'j>fi:s 38. 12 To give notice of all fines to the T/cafurer V. iciiin 14 dayes, Jfi- finfs ibid To i:gnc Warrants lor ievyinfr Hirccutions, jVe M'vflTAls ici. 2. To receive \n I'ctinonsar t'lc General Court and take pay f/r rhcnu.'a' 'i>etitio>is,[)lx\ To give accoTipt or the .■.umber received by him to [lie Ma^iltrate, uinch HiaJl be al lovvcd as p;ut of Ins S.iiicry ih To deliver to the MarfTul General Copies of rpccial Orders of Gcocral Court wich in ten dayes, (tc Re^ur^H Hid ,. y'\ To write out Military Comir.ilTions-, &c. I for the Seal, fc: Seni i'iillu\ p. M 5 : To keep acconiptof dues by fines, &:c-on penalty,/V:' 7Vf;7|rfr<)- j^i. 4. To prcfent to thcCourcil, or Court of Afli I Hants an acccMipr of uli Hor.ds,!^:. re \ turned to England, jo- Shij,-/ 14c. j. ; Sclfe^ Afuvther. \ Self mvirthcrers den yed burial! in commoaj burying places,but&:c. i'-'37| I i>i:e'p. j Arjrptrfon may kctp (hcep on comnons wbcreto he belongs, 1 j? ' . five iheep to be allowed for one cow where j coiniitoni arc lliniej, \hid\ N'one to couric w.th a\dog,on p»nilry i^8. 2 ' Any dog f.illm j diet p to be da igeJ by tic | owner, on penalty, i; id ! Ajl Wool! put to (die; hogi'tobc W3l>.eu &: otdcrcd on penalty, ri;y, s. ^' Shiyr. \ EvKry VcfTclI above 50 Tuns to he built, iTia;! 1 be Surveyed by I Jth as arc appointed. ijS.t The builder, or owners of (uch ^tifeJ to give notice on pcna'ty, ihid S'..'rifeyor4 power, ibiii Ally Ship-carpcnrcinot following ihc Sur- ' vcyor."! ajvicc,u7cn ccniplaiat how to be i prccccded witn, ibid^ 0\\{<.t-i appjr.reJ CO propagate th:Arc ot" Nciv:, 'a::fi;i 'i9- Rules for their procceomg therein, and fees I'tarcd, ibij. No maftcrs aboard 'heir fhips to drink healths, orftiffrr jthcrs to Jrink them on pi'nalty 140. 4. No pcrfon to tire a Gun after Sun fet, or on the Sabbath, on penalty, ibiJ The Captain ofthc Caftle to gfv'e notice of this Law, to ail Ships pafTingtl;ecafilc,it'. Every Oiip tuding in our Ports, net belong- ing moftly to this Country, to payhalfe a pound of powder per Tun, thid. s. /. OffiLers, as receivers nominated ibid. Their Power, ibid. Such arc accountable to the Gcn.CoutT ibid. "Noperfon Oiill Trade upon our Coafls m cafe, on pcnak), 14. i . 6. Spinnit^. TobedifpofccJ of and rcculatcJ in the frve- tjl families by the Scltd't men. p. i^r Strflvet Ev;ry one takcing up a Stray &c.the cwner not known, to enlbrm the Confta'i. with- in fix days, ibid. s. ;. R'.ilcs for tile Conftable'in fuch cale, ibid. Penalty to finder or Conftable on negleifi, ib. The finder Co apprize & Record loft gocd.f, cr) penalty, ibid. Loft goods CO be rcl';ored to Owners wuhm oncy;arafter publica:ion,on condition,!/'. Findcriof Strayes to pur wytlis on beafVt nec)^s, on penalty, ibid. When Cattle fl-.all be accounted Scraifs,/t/£i Penalty to any takcing olla wyth,or takin£. awjy a bca(^, ioid AH Strayes where to be fird CrycJ, ib. s. r. Scraies to be en-.red with th: County Rccor- dci, ibid Strayes how to be difpofcd, in cafe, ibi4 Strangers. May fuc Strangers in any Court, fee Courts p :f8 5. f. Every (Vlaftcr or mate of a Ship to bring ill Stringers immediately upon their arrival before the Cover, or other Magiftratc,oti penalty, fi:c Strattuer/^ p. 14 f TheCapt. of the Caftle to make known this Order to VefTclls that pafs by, ibid. Strangers profefTingthc true I\cligion, tobc fuccoutcd tbiJ. F 2 AIJ 2.04: The liable. Ail perfocns to ciijoy C4ual Juflice ibid. No Sii anger to have any I.ol hi any. Town till aiiowed, nor to be einertaiaccl above 5 weeks, on penalty ihid Noperfontorcccivcaftranger above three weeks, on penalty ibid Sureties, and Goods Atiadnd. "No Goods Attached to be free, till Execu- tion upon Judgement be I'atiified f.i4A Sureties, except in Capital or Criminal Ca- fes, not to be free till F-Kcciuion be fatis- ficd i^id Swearing and Car [me. RaflT and vain Swearing and Curfing, how punifhed p. 145 Swine. Any perfonchofen CO execute Oult^rs about Swine, the penalty 14$ 1. All damage by Swine, to be paid according to the Ordcrsof the Town where daniagc is done ibid. s. 2. W hat fufficient Fences againft Swine ihid Swine Impounded and not owned, hov/ to bedilpofedof 146- 3- Towns or Selecftmens ncg!e(flto make Or derE, the penalty ibid T THe Earth. WHen to be dig d, on penalty, p. 14.6 TipSm, ir Ti^Uing.q no Seelokeepers, p^ 81^-84 Tobacco. May not be taken within 20 Poles of any houfc,&c. on penalty P- '4<^ Tolling of Cattle, fee Hordes. Town-Jhips. To pay their proportion to building or re- pairing County Br'idf^cs, fee Bridget ,iz.r. PcMdlty by defective Bridges or Highv/aics ibid. s. 2 Penalty of treble damage in cafe ibid To choofe yearly a Gager of Cask & Pack- er, fee Caik.-, l^' ^^ Any thofcn, payls^ 4os."«the^ town muft choofe another, ibid." ■Neglci/'"<*""^ '"'"':' fcrcet men chofcn as the Law Dircf^s, to attend the fcrvice of the Court juyincafe. where the faid Ac9 w- No firong Ltquor to Wdrtmsn, Hersas^ thre have been fundry and frequent compUints preferred to thii Court, of Oppreffion' by Exceffive rvages of Worknten oM Labourers, which notwith/ianding the' endeavours of this Court to redrefs-, fuch oppreffwns continue and further increafe, by a dangerous Impofhion of fuch perfdns en thofe they work^and labour for, by demanding an allowance of Liquors or wine every day over and above their wages, without which it is found by too fad experience many refufe to work^ ; Now forasmuch as fuch a pradtce of drinkmg Itquors and wtnc, tends much to the rooting youn? X4W prohibiting perfons in an evil pra&ife, and by degrees to tram them up to an habit of Wine or arong py f , LlQuora to work '•^'■^li , men. It is therefore Ordered by this Court and by the Authority there- of, and be it hereby Enaded ; That if any pcrfon or perfons after the publication hereof, fhall give wine or ftroiig liquors to any workmen or boyes that work With them, except in cafes of necclTity, (hall pay t\ur,ty [hiUnigs for every fuch Offence. , . s;03 Military: M I LIT A RT, THit Court Uik»tg into thir ferious Ccmpderation the weight and yieceffit^ that lyeth on them , to Jee that all Soufdiers, ( efptcia/iy at fuch a fea- fon as this) jhould be fitted with hrmesyand well skilled to ufe them:, jini bp.caufe the welfare of each Mtliiary Troop and foot Companjr, both in their beitti provided wih, arid kpowlcdge of thetr ufe pf ^rmes, lyeth very mucl. tn the Clerk^ of each Companyei cartfoll and faithfuU ohfervation and execii- fton of his Offce, in the feafoHahle and du? levying of fuch fines as are by Law eue for defects, the negleCi whereof^ tco fad experttnce pexath, hath done very great hurt in many Comfanyes ^ for prevtnting fuch Inconveniencies for the future j This Court doth Order, That what Fines Ihall be due according to Lav/ ^°'^^"fl^^ll from any Souldicr for defcffl, in either Armcs or Traynings, which the b" ihfcierk'of Clerk or Clerks of the faid Troop or Company (hail not leavic and ga- J^'^^X^fth' ther into his hands, withm one Moncth after the Training day on which m » month or dared, thai ail BoBltJ^ebts pali be cleared within three jsars^ as '4 thr&9 ex^efsd, cfier which time no BockHebt pxrlt be ^leaJMe m cry. Court'. Vp'.n a general cc^lesatt, thus ihejmd Law will jwcc to Hie real ikiAment of very TfuDty of cur Inhabit csits, ana tlie utter undohg cjjo.'re if a ercisitr riumber cf years be tut allowed tofiiut up jiccompc-y ihKiwm for- " ij 35 theiefart Oidercd, and is hereby Declared ; Thct tJT'.'t ikJI be ^ to WoL^ three yeaas -more ^tldcd for the advamcgt of iJebtors and Citeditor? ta debts jffyg '^^ AocOTipts, that 2(1 grounds of corrpbsrrt irt this k'm(Je insy be removeJ. BVRGLARt. W ■ ly^rfds in the TAtVf tit. i?f?r^f«y, tt is ectprffjcrl if ar.y perfon fhaS ci^rnii. Bt'-; hvakiiig opa} any Dwelling Jiou^cj /dditionto uie It is Ordered Lv .- „7intand the Audrojtty theiieof, as an Addition i:ii»uu But ^Q ^^^ j^^y. "j^g if any perfon ihall breaX irp any Warehcule, Shop, Mill, Mak houfc, "Bam or Out licufe, 0? any Veflcl on any Siio^, cr in any Cove, Cseelc, or upon the Water, ivth pcrfo.i fo offending, fhail be punifhed as the Law •pro-vidE sin cafe of Istcal^irg up Uwcliinp. houfes. Leather, H'id^s. Indians Pork- HIDES. \W Hereas m Lffm tit. Leathw in the latter end of the firfl Seft. doth rejlfain all perfons except Tamers to Bnr^ain for, or buy any Hides "l^f^'i^,]]^'' of ^ully Steer , Ox:: Corv , ire. being inconventtnt in regard tbey are many times given in Barter for Shoos, d"c. The faid Qaure ic \hit Law, by the Authoiiry of this Court is here- by Repealed. WHereas the Lam already made to prevejtt the Tranfportdron of the Hides of the grovpth of this Colony^ do not reach the End, fur want of a full and due Execution ; This Court doth therefore Authorize and appoint the Freemen of every Seaport Town within this Jurisdidion, to Chofc a meet and fufficient per- fon from amongTc tricmfelvcs yearJy, to whom nil perfons fhall repair who intend the trani'porxsng of any Raw or Ruffe Hides, and ..lali maK ; proof whence fuch Hides fo to be tranfported came, and that they are not of the growth of, nor killed in this Colony, and fhall take a note froffi the perfon fo Authorized of the number of Hides that he intends to tranfipott, paying one penny to th.; abovefaid perfon for every fuch Hide. Hfacsof tfce And it is hereby Ordered, That: no perfon fhall (hip or tranfport any couo.riw Hides whatfocver out of this Jurifdiition, without licenfe from the per- Sc°"rr^r?^ Ton fo Authorized, upon penalty of loofmg of fuch Hides fo (hirpsd : nor "11!.?^;^')^^" fliall any Mafter, Purfer or any other perfon belonging to any Ship ox pejity ac=- VeflTcl within this Colony, receive on Board any Raw or Ruife Hides without a Note or Ticket frci.i the perfon fo appointed Ciuc appearing, upon the penalty of paying ten Jl/illings for every Hide fo (hipped : And fuch perfon Authorized as abovefaid, fhall have power by himfelf or whom he (hall appoint, to make fcarch in any Ship or C^sk, wherci.i they fufpcft any Hides to be Laden contrary to this Order, and fliall make fcizure thereof, and the penalties and forfeitures above-mentioned (hall be the one third to the feizer, one third to the Coi!ntr>\ sad one third to the Town from whence fuch Hides are (hipt. And it is further Ordered, that the {.eifons chofcp as c&ovcfaid, (hall be fworn to a faithful difchargc of their duty herein. INDIANS "POJCJC w tfereas the Indians that border upon tie JEnglijh Tcwr.: 'Aiiim tSas lu- rifdinicUy do fnquently fell 'Pori^to the Englifh, (Jnd there is ground to fiifpcil that feme of the bidians do Ileal and fell th'j Sugl-Jb mens SvAne., For prevention whereof j This Court doth Order and EnafV, That all Engli(h iren do henceforth mark their Swine with fome Ear-mark, or if they r.e£,ie(it the fame, it A 2 (b Qoe ScoJdes. OrJc/to prc- \ttii India'is fltjIiMglingliili- iiiens Sw'mc Oiall be reckoned as the lofs of ihcir propriptvy imthcm. And it is further Ordered ^ Thar no Indian within this Jurifdidlion fliall mark any Swine upon the Ears, and that all IndtaTis uho biing Porkiinio t)ic Englifli to feil, arc required to bring with them the Swines Ears wholcj otherwifc, or if the cais be marked, u is in the liberty of any perfon to feize upon fucli Pork tendred to fell, and the fame to be forfeited, the one half to the Scizcr, the other half to the poor of the plb-cc where it is feized, to be diAributed by the Se!e oF a Ciurftijiiji to fraigljt Whether S fhjpping Gccds upon B to be- Jdivered to R beyond the Sea, the faid R paying fraight, and the faid B upon his arrival at the Port tendr»n.g the faid Goods to R, and the faid R rcfufing ro meddle with the filld Goods and lo pay fraight, whether the [aid B can recover nis fraight for the faid Goods of the faid S, the faid Good being left in a fafe hand by good advice by rhe faid B, or whether rne faid B ouf,hf not ro have fatiiJted himfelf for his fraight out of the (aid Goods without mole/ling the faidS? The Court relolves this Qucffion, that S is not liable to pay fittsght unto B, but B to fatisfie tiirrifbif foi- the fraight out of the Goods, Whether aii Reviews ^.v:: to c? Enrred and Profecutcd in that Court whfff revi<«. wneretheAflion 'v/r.s at firft commenced? The Court refolvcs the Qucftion ar^ioi-i.fj.J. ^„ the Affirmative. and in all othcs Counties where the Court of pach Shire il?:; j, aad fo returned to the Houfc of Correftion, zo be alikp ' i i%ii£ and Labour, according to the Cuftomc of the Houfc dursi:'„ - _ . ..- pieafu/e, there toremaine. Jia General Court for Sledions, Held at IBofwn, ther^h of May , ■ 6 7 ^ 1-^ r/is Court tai' ' ' " '' "' " ~ '' ■''d- in^tkefiapL ^ , ,- . .. - ^^f Ubabitnws thereof, aad fin- in ofAfd'iU ( whcb iBapnm'r ' '' ' s s^uiit:uy ) y>xni i:or,-..'gnf(irtsto.ii€fXc:mling frejudicui- of ihit Colony. It It is therefore Ordered ; That whofoevcr, whether Inhabitant oi StTang'-T, that fha.l dire(niy or mdirsd^Iy from henceforth Impcrt into Pjr puf^tito this 5-;Tifdi(ftion, from any parts of Eurcfc, -(oy Malt; every Tuch prrfc.i m',^'"/';';^^'" (hall poy unto the Treafurer of the Country the Summc of fx pt;:cf Per fioujCuToVe" ba^f/, for Malt fo laadcd, befraes th2 Rate of one pen; pfi- f?.-.;!,' former- ly fmpofed, and the Collciftor fhall f-and charged with gathering up of the laid Import, and to return the fame to the Trcafurer. WHereat all Fijhermia fe:tkd hhabitntSj are by L^w exempted from ordinary trayni/i^s, which indulgence is by many pirfoni imprcved Fi.-vtrread wien TgHjtnihc'f {> teat heme and tioi tmph^sd in their callings, to be Sfcflatort or s' totricjisbii to pthtYwife idlinj^f gaming, or fpendtKg their time un^rojftably, whereby fucb '" " ferfofts as attend their duty and fpend their time in that fervice is ciifcon- raged; For t hi preventicrt whereof ; It is Ordered by this Court and the Authority thereof; That allFifh- crmon being Inhabitants, when they are at heme (and not imploycl ne- ceflarily,and Co judged by the chief Officers) /hall attend publick Trayn- ings, or eife be fined five p}i/li^>fs,is the Law dircfls for others abfence. Any Law, Cuftome or Ufagc to the contrary notwithftanding. TMs Court hdving long fine's made auO tder fo prevent damage done by Nor- fes , title Corn fields &c, Sed. 3. But no penalty annexed thtrcmto. as an Jlddition to the faid Lave ; This Court doth Order the- penalty on non obfervance thereof, with rdped to Horfes, to be five pollings fine for every fuch ofifence to the Town where it is Committed, bcfides any damage accrewing by every rM'yforHcr. fuch Horfe orHorfekind fo unfettered or ualhaklcd as in the faid Law r '' ^°'T '^rd"" is provided. And further that none fhall be permitted to keep a HcrTe Dam^sc done by orHorfekind in thev/oodsor Commons,butfuclias3vcscceptccI iVeeCom- *'"'° monersinany fuchTov^n. under the penalty of twenty finUings aKorfe for every fuch offence, to be difpofed of asthcSeleflmen fiiall feemee:. And funher, as an e::pl..,Kauoncf ike late Law nf^cHsng flons Horfes not togo u^onthg Cr.nmcns unertho penalty of twenty ihiUin^s a monsh^ This Cout doth Declare, that it is to be undsr/lood of tw5nty fliillings for every fuch Horfe found on-Uic Commons, fo cfton as he fliall be found there- FOrasriiufh as fundry unskilftilperfons have of late years, takenufoti them toboyle, pickle, and Sell Sturgeon for Tranjpt,riation^of vehlch fundry KeggSy and ether Cast^^eh^ve f,yoveJ conuft andwl-.oliy "pfiviccable totbe dif appointment and Dawcgeof fpyJry Merchaitti ard olhirs, at alfo to t.':ede- bafiments of that Ct?r.cdity and reproach of the Country nhu b ifottel<^ Oratr' td, might he ieneficialto the hhatit'tit} fcr Tra>ffC'tat-^n, crd cthcfvtife. Itisthi'rerore Ordered rnd Eniflcd by the Authoiity of this Court j /^od beic hereby Ordered and Ena^fd, that nop:, for whatfocvcr, (Tialt hence- forth boytc, piclilc, or pock upany Stnrgcou for S:IcirtMs JurisdjfVJon, but fuch asthalibe licenced thereunto by thr County Cotit^ where fuch perfonsliihabif, on Fcnalty of ferMturc thereof, one hdlf to the Inforirer, and the other half to the Country ., And to the end, thtremay be nofraudor abufe *0 Sturgeon. Frejmen. i^bhath, FuW^nngof Lews crabufeiilthefsid ComodHy, every fuchliccnfcd Perfon fliaU brand rvork aJJ CajX wherein is is packed, wk^tne lette:?ofhisNaiiie, andthanbereb.' Srarcbere appointed ond Swom to view allSturgeon n)i=dehere or Impcrtcd before it be fold, orinkiridepflffsdaway j who fhall fet thdrmarkonfuch asthcynnde foirodsnd fufScientlnaUrerpefts, both asto the qmiiiyofthe Sturgeon, and Cage of the Cask, and that only fuch fo marked, as above, (ball be exported on penalty of foifejtuveof the whoie valuethereof, for whofe care and labour the SturgjoTi boyleroT Importer ftinll pay for the viewing and heading thereof after 7T?yw£fci//£»^iJott?'pOTf^, p. Sccve^ for all Kegs 2nd Fi chins, from time to timcjand if any (hallcounterftitjtheSturgeonBoyJers or Packers marke, they, ot be^ fhall forfeit Five Pounds to the Co^jtitry, for evcTy.fuch dcfett \ And it is referred to the refpeitive County Courts, ro 11- cenfeablcandfitPcrfonsto boyle and pickle Sturgcoofor Sale, aslikcwife to appoint S earchers to view and marke f hs feme, as above- faid. OUoher ijtb. I 'f 7 3- A Addition toihc tSBfcr Sdmil- fiofl of fceeman S j^n MStioH to the Law Title Fmmen. SECT. HI, It !5 Ordered by this Court, en &= Velfcl and Goods, and dilpoy le or difpoircfj them thereof, ard cxcludiDg the light Owncr^ or thofebetrufted therewith ; every fuch OfFtnder, together uith all their Compliccs,if found in thisJurirdi(ftion,fhall be apprehended, and Legally couvKflcd thereof, fhall be put to Death ; Provided alwayej,tfiat any fucKof the faid Company, (who throdg,h fear or force have been deam'd to Comply in fuch wicked atftion); that (hall uponthcir 6rft Arrival in any of opr Ports or Harbours, by the firf> Opportunity, repair to fo.Tie Magifirate, or others in Authorityand make difcovcry of fuch a praflife; (hall not bc liable to the aforefaid Penalty of Death IT is hereby Ordered and Declared ; That it (hall be tawfol for any Perfon by hislawful Attovrpy Authorized ucder his Hand and Se>>Ie, ai;d legally o,ii, -,„ ■ piovfdto be his Ad^ and Deed, to Sue in any of our Cotirti, for any right or *"""''«i to'sjo Intcreft that he may have to any Eftatc of Lands orGoods, or any part there- of, according to our Law. unlefs the Law upon the hearing tbcreof, Pull finde \\iR rcafon to demiirre upon the validity of the Attouroifhip, m one rcfpcd, or other, 1 T is Ordeird by this Court, and the Authctity thereof; That the power and Tiuft Coir mittcd to all Guardians, fa as fall to recover aad take all f^i^'^j'"' '^'" Eftatc into their hands , as if the Childe or Children tbf^fclves, for whcm they ate Guaidianj, wereati^c, and to improve the eftate forthg n z CbilJe. /5 CiiOTiims. SlWBp, Sealst^of'ZcathcT'' shallops. Jndiaas. Child Of Childrcys Asvcntogc, til! at ligs; Generally to afl as farrejis Adminiitrafors may doe, except by -wiSrof the decealfd, the E/^ate tva$ CocrjTiJtted' tosn Shccuso?, or oE^sts for their Edncation- umilJ fuch ea Age, the^ Cuardiorj givlcg EiScSrity lo tlie Colirt for his faithful pcrfortaaroe ofhis Tiuft, VaiuaiJMof Sheep to the Coontry and CiiDntv Rates T Hit CcmtakjtiS into Ccuf deration, tbct the pnce whith Sheep are vaJL cdat intks Ccatittiy jiate, h fern ohcvevkot they are p>mh,aai thai ■no mat) mi^ ht be dijcourogedfrcm k:fWg that ujfful Crsaturcfo beuiftidl bat} forfood^ and Cloctbing, It isfaereby Ordered and Declared; That el! SbesprateabJe in the Conn- try Rate, of';x'hatkinde foever, fhall bcvsliJ^dai/rv^/'aiaCip. Score,inaO Counrry and Cotnty Rates j and ihis Order to laie phce in the j&rti MonctbnvAX. A S an IcipJanation of the Zaw tit, t?:'des e'nd Silrj, SeH.the firji. TrohibitCng Tratijpcrtatwh of uswron^hi Zeutbof, Add ition to th e This CovT i Declares, that by vnwrc'vght l?n jhij, is tele rnderflocd, rot LDwTit sejkiec ^g^jg ,jp jnro Wares, and further judge meet to Declare thzt ro Leather being ofuethec Tancedfhall be fcnttoihe CurrierJtobedreflTed bcfcreihe Sealer of Leather havevsewd, andfeihis iviark ihereumtc, under fach Penalty as the Law pro- vides in this Cafe, Title Leather. -iT is Ordered by this Court, ar.d the Authority thereof; That if any Per- penaity fcr lav J f^ofball take 3Vf3ij Anv Shallop, Boat, Skiffe, or Cannoo, from any Vcf- bffitfs'if.5 fcl.Wharfe, or fron) the Moaring, witbout leave -from the Owner or Ma- connoos,8(c, ft^., tbcrcof } hc fliall pay to iht faid Owner or Moflcr, ifit bcCanoo, ^F i*i7%/,and for a Eoate or SkifTe, Ttn Shillings, and if it be a Shallop Tmnty Sb'aiin^tySvid fomuch f^r Ji|/^iyj^,* fhall be allowed by the Treafurer, nftcr the Rate of tkrec-^ind fcr » ' ^' mile f to the place to the which he is fcnt in money, as full fatisfa- ^ '' •' '' fiion for the cxpcrce of Horfe and Man ; And no Inholdcr fh?ll t.-.kc of any fiich Meflcpget or others Travailing upon Publick fervice more then two ihillin^s [cr hu^il for Oat«s, and fonr-^cmt i'Jt hc\y, day and ui^ht. FINIS. QX4 Several L A W ^ end %J) E XS c5V^4 7 4 ^ nd Trinted h ^^^^r Order, Edxffdrd %^fon Secret. ftidiiments frufirated 6y Perfons, HE BE AS in thr: Lrryhirj <,/ E.rcciitions, thfve li a re fallen Out Wmniiy Dljjicullyea vhe^-elnj (he Judcjnnents oUaiiied, have heen made 'f^^^cttti fni.-^/rnte; Eor Ihe preveidion vher^,,/; rwrfon'. ^ The Court doih Order and Declare; Where any Exeairion Tendrinp goott* fliall be T.evyed on any Houfcs, Lands and GockJs, and delivered to the !;ct rhcrown, Parties for whom the Judgtmcnr was granted and the faid ExccU ion h-^^nobcni!''' returned according to Law; if it (hall appear the Perfon whofe Lands, ^"^ ' Goods or Houfes wcrelcvyed by Execution, havcafRrmed, o< delivered. Or tendied the faid Goods, Lands or Houfes as his own, which in reality C were Ckrk. oj Courts atii "Recorders to is Skoyk, were not his own proper Fflarc, anJ in the fame cont3inon of Eflate as he did tender thein either to the CfTicer or Parties for whom the Execution is levycd, fuch pciion fo erdeavouring h\ f\^chAiiioiitodc\fide the Law and defraud ihp Crfditoi, Uiall be liable to pay double damcg;$ to the party grieved, and Fay fuch fmc at tne County Ccurt fhallfeecauft tO'Cipofe. And if any Party that hath i^biaincd an EHecuCion,fhali odvcntarc to levy the fdire upon Lands, HotJfes o; Gocds, ccmmynly accounted the Houfes Lands or Goods of the petfon againft whcm the Judgement was granted, and County co.&c. the Execution be returned according to Law, if it afterwards appear the faid lortnawtxtoi Houl'es, Landsot Gcods wcre not the Houfes, Landi cr Goods of the faid Failiesagainft whom the JudgrnacDtwasgivenjthepartythatwasfcmiftaken making the fame to appear to the Conrt that granted the Judgeiiient, the faid Ctiirt (hall Order a nev/ Execution for the fatiifying of the Judgement not- ■withftandiDg the former Execution returned. yv; ' Hcreit: it it oj peat momeKt in the JdminijiratioA of lujlice, that all matters of Raords, fjould bo faithfully Ititred ar>d kej/tj and as c •:aJiBii is, ff hen forth, r.!e»ifof Caurji lti$ Ord^ercd andina^ed by the Amhority of this Court; That from ?.swo°m "' "* henceforth the fevera! CIcihs or Recorders of the Fublick Courts of Juftice, and the Recorders of the fevcral Counties in this Jurisdiftion fhall be Sworn by the Courts to whic)\ they bdong, unto iht faithful difcharge cf theit Of- fice in all refpefts, and the: the form of the Ooth be as foUowcth : fhtii Oltb. Whereas jou(iA, "B. areaffomted QUrk^ofthe Count) Court cf C. You do Sliipear bji the Everlruwg Cjod, that you mil faithfully and ufrightiy demean JOT^rfelf'm the faid Office :jou /hall truly and fairly Enter and ^I(eeord all JBsand fud^eme^its cfthe faid C^un, and Vihaie ucr, ycu jhalL receive Ordc r and direWion from the [aid Court to do, you fall Jafely and faithfully l^q? andfreferve the faid 5^^ cords, and deliver Executions, Vecrees or Orders toTerfons concerned as m duty you ought, and true Copies cf fuch %ecords ^xe forth irhen reguhrly called Jo to do, and in all ihingsyoujlmll befasthfuh end trm to the Court : So helpyou Cod (j)c. The SlniJe Women r.et to enter t lift an^ Lodgers l,i THe Law having Providtdfor Holdhzc of County Courts, vulh-re Magiftrates arewantinj^, byfuchperfonsof worth C ftiltd AfTociarEs ) as the Freemen iffuchCouKtnip-iOu/d 7{ominate, being allowed andafpiintedl^/ the (jcmral Court -^ And there lia-:;W£ been too great a negleH of certifying the General Court, the Narnei cfihe ferfoni fa no/ninated^fer their confirmation and appoint- ing fwh Perfons the ty^ ffoaatts for that Count-,. This Court doth hereby remit former ncglejHs herein; And do Declare, Tliatnotv/ithftanding fucb Om'ifTions, all fotnicr A^ls of Ctunty Coaris fball be accounted good and valid : And for time to come, do further Declare and y\no<.;j,j., Order, That in all Counties where AfTcciates arc to be appointed, the Freemen courts how lo fhali make their Nomination of fuch Afibciates at the fame tina;; yearly when wh^n^^'bc'"'* they give in their Nominatiors for Magiftratcs, which VotCi for Nomination SwoinSic. of Affoaates Ihall be carried alio by the lame CommifTionersof the fcveral Towns, fealed up to ihcit Shire meeting, there to be opened, and thofefour perfons thas fhal! 1 5vc the mcft Votes fhall be ceitified under the hands.of three of the faid ComnnifTioncrs, the Shire CommifTiorcr being one, to the Court of Ejection yearly : For the confirmation and Approbation of the (aid AfTociates, which being obtained,' the Secretary fbalicertify the Clerk of the County Court thereof, who fhaljgivc notice to luch AfTocutesto apptarat tbcir next County Court there to take their refpeniJfioners. AiiUtia. Divonjhiere. Several Lam and Orders made at the SECOO^D SESSlODSC^^oftioe GEN ER AL COURT held at'Bofionin !^(jyi) England the Seventh of OBober ' ^ 7 ^ And printed by their Order Edypard 'Bawfon Seer. BOSTQT^ COMMUSIO N ERS. yr-^Yl ^<^^^^^ ^ ^f feUVin^ of the Tower of the Commifflnners of 'Sofjov is Commigls" i Y / Confmd barely to the Tovti and mckj i^itbl^oddiciJjlartd: 't ?f fieri power to XA / upcnfeveral Confidcraihm though meit and; extend y y It is hereby Ordered; That their Power be extended to the through Bo- ^^^,^, Limitb of BofiotJ,\n Civil and Criminal Caff s, according floH Ltmus. 35 ,j,g j^g^. proyjjjg f^^ f^^jj aftjng formerly in the bounded Liiniis above- faid, notwitliAandingtbcfaid Law. Order to di- ■vide the foot Ccmfufiits in 'Soflon. "Bofton Comyanyes to be Divided. '\A/ Hcreas this Court in tk Year Kjz for the better fettling ofthetSifiVnia in the fevcralJovm, dtd Order and Enail thatwLretnanylvnn ni/iiw thij ^urtsdiilim., the Nurnhcr oi Souldicrs rthoh Law arcto attend corftant trauiings {hall arife to be two l,undrt:d men, that ihenfuth Souldiert jhall be di- viaed into two Contfem^ifif to three bundred^then to te divided int^ three Cent.' pomes &c. Now farjit, veb ai it r.ppears by good Xnfo^matiotn That ~msfl of t^e Co«»p« Bcfton ^0 fxceed {be aforejatd number eft sro hundred. This Dtvon^'ne. i8 This Court doth hereby Declare, that the formfrOrdcr of dividing, ought to be forthwith Amended, and that the Major of the Regiment together with the Cdmmidion Officers of ca ch Company takefpecdy Order to fee it performed, and to make Returns thereof to the nexc Court of Eltttion. T D E KO N SHIRE. His Court tahji^ into ConfidoYntion whii.t hath hetl aBcd in fetlingofihe _ Ea^(rnfarts,a- Kennehcck, and ihe placts adjacent within our lUe., u/t- Settlemettt det Government^ according to tfet- Commijjlon Granted l>ytbtr Court in May of the E a- lafh and that on the defire of the Inbabtatitt oi thofe piaces, are appointed to be, Uetnfdrti the County o/DevonOiue, whichthti Court apptova ofanditonfirmS-^ And do liuihcr Order 3rd appoint, that the County Court in feme p!ace thereofjUiJli be holden and kept apon the third tuefday in July yearly, &c IT Is Ordered bv this Court and the Authority thereof; That the Corriiiilffi- oners Court of the County of Devon at the Eaft-ward, have power to end, hear; and determine all Civil Actions arifing within that County to the value of tcjMpoMntij, any LAW USA GEor C UST MK eothecor\' ♦.rary nocwithftdnding. FINIS S:ok-Dcb1s- Sheiks -Woo'/ '9 Several LAWS ^ 0%J)EliS Made at the GENERAL COURT Holden at "Boflon the tveelfth of May 1 6 7 f . And Trinted hj their Order^ Sdyvard %aMpfon. Seen, BOO K.D E S T S. N i^Kfrver to the Pciit'ion of [fVeml Infiabitants c/ Bofton- (if (ilfo cf other Towns in this Colony j This Court judseth it meet to Declare and Otdei^T*"^*'^^' . That the Law Rcftraining of Book Dcbfs fhjilbe, and dcbls'i/ncthncd hereby is lergthL-nt-d for two years more from £h:s time '<"«*<'y"f^ any thiog in that Law notwithftanding. I SHEEP S-iV O L. T is Ordered by thisCoott and the Authority thereof; That henceforth _ ,.,.., it fhall notbchwdilfor any perfon or pcrfons wbatfcevcr, dirc(f^ly orin- shtcps-'wcj" ° diTC(fVly to export any Sbecps wool out of this Jurisdidion by Sea ro any Foncign parts, on penalty of forfeiting all lucfi t]U3ntitics, or parcels of Wool!, that fhall be taluTi aboard any Ship or other Vcflcl with incent to tranrpoiithcfamf; the oae half to (he Informer, and the other half to ihc publickTreafury. And that no Maftct of any Ship or other VcnTcl ftull receive any Shceps- ^'''.■pea»''5t wool aboard his Ship or VcfTel to be tranfportcd, on penalty of forfeiting thefull value oT worth thereof : And the StkCt men of every Sca-f>orc Town arc hereby required to choofe in each Town one mccc pcifon An- tjually to infpei^ this matter and execute this Order. o RACCOON 20 Raccoon fur/. Marf^als. executions; Return cf Attachments. vv RACCOON FVRRS. 'Hereas this Court h Informed of fhe upfullnefs cf T^accccn furrg for mak^mg a good fort of Hattr^ for the fuffly of the Country ; It IS ther«fort Ordered and Errafted by this Court and the Authority Haccoon Turrs thereof, that from and after three months after the Pubhcarion hereof ported on pcwi no RiccoOH fur> or skinns fhall be Sbipt for exportation out of this Ju- «y- risditi»/''rnfcetotbeCrantfft£ and Serving of E^ecu^ tiOai • cilm s^c'r" 1 It is hereby Ordered and Enaded by this Coart; Tliat all T.xccutions ry andMarfhMs (h II bf madc accofdins to the words of the Judgement, without Addition om"&cf """"' o'' Subftraftion ; and that the Officer thatgrants the fame keep upon Record the Day, Month and Year when it was granted: And that all Marfhsis and Conftables take care to feetbeir return Recorded, und ia cafe of Houfcs or Lands taken upon Execution, it coDCcrncth the perfon or petfons to whom they are delivered, to fee it diiely Recorded, which being done, fhall be 3 legal Affurance of fuch Houfes and Lands to Him and bis Heirs for ever. W; ; Hereas the Afa'll>als Oath requires them to make Feturn of fuch Attach- ments asthiyfrve to the Courts 'o vchicb they are returnable vrhtch in ma- %y cafes is very chargeable and trouhlefome : MirMs t)!rc- It is therefore Ordered j That henceforth Marfiialls and Conftablcs fhall n,on5 to mike- jjg obliged only to make tbeir return upon the backfide of the Attachment, 'mclT^'^ and the fame deliver tc the PlaitJtiff, or liisorderfealedup when demanded, givjD? firft a Copy thereof to the Defendant, if he defiresit, and that no Ma fhalor Conftabic (hill be bound lo ferve any Attachment till they have t'cir Fees paid them, which the Law allows; any LAW USA GEor C "U S V O M E to the Contrary notwithftanding: And the afo refaid Claufe in tht MarfhalsOath, relating to the Return of Attachments to the Court is hereby repealed andideclared difobbging. V/a^rsA: C\n^iai^?i DireUms. 17oMtnaliort of Militarj Officers. X^evanfhire Cowrxs. i j VVI 'Hrrcas the Lci» requiring Ccnjfabhi to have "Slaci ffo'.rer, inform them to take their [aid Jlaff with them, when thej^ are m Exnunon of ay\) fart of their Ofics^wiiich infornecafes p'ovei iticsnvcvient bj giving of- ponunity to Delinquents to efcafc: Far prevention whereof.) arj as an Ex^la- nation of the f aid Law : It is hereby Declared ; That it is int ndtd that Cooftablcs adlmg from their own Authority, and by vertue of the daty of their Place and Office conftuMes dJre- fhallthenalwayes takewith them their Black-ftaves in the Execution of thc'ir''ftives' their office : Butwhenthey (hall acfl by vertue of warrant to them dirci^cd from Authority, they fhali then be at liberty whether to carry thtir black ftaff, or not. WHtreas the allowing and A^^ointing of all Commiffl on ^military Officers m ihii Jurifdtffon, hdongs properly and only to this Court bjr it iv ar.d, t> found hoth^eacefvd and fattifaSlory ■ and inafmuch as this Court may not h acquainted mth rnany ufeful and fit perfoHs f<»- that Service. Itis therforehereby Ordered; That henceforth itfhall, and may be lawful way for -om.. for the Committee ofMih'tia,inthe fcveral Towns where there fhall be need Jy'officers' '"' to prefent the names of two or three meet perfons in thtir Towns for fuch fervice and Office to this Court for their approbation, cr otheiwife as they fhall fee Caufe, (^c. IN regard of the remoteyteft of the County of pevondiire, and there Icing no Magipate near thofe parti whereby it is matttr of difficulty to have vhe County Court there k^e^t by one of our Mctgijlrate according to the Law. j,^^^ ,^j . It is therefore hereby Ordered ; That hereafter it fhall, and maybe lawful whomthecrurs for the County Court of Devonfiire from time to time to be kept by fuch ';oS"aro%' Genilenienasfhallbeby this Court annually Commiffionatedto thatScr- b^t'-'^pt vice, 6cc. TOr Expiamtiianofthe LiwTftleAdilitay)/: ^^^- 9- /« ^Ximptionof Maflersof Ships and other Vejjeli above twenty Tuns frcm Training : It ishcrtby Declared ^ That it is only intended in that Order, thecxem- "f j^VJlf/J^e^ ption of fuch Mafters as Trade and PaiTetoForreign parte, and not of thofe apt whofe imploy of their Vefitls is In thefc parts, and near where they live apoa thefeCoafts, F 1 :Ni I S. 202 1223 The customar>' cut of the Colony arms is necessarily omitted to bring this page to the size of the others. '*'• "• ^^- C O U N C I L Held in ^Boflon Augusl the thirtieth 1675. THE (^OV N C I L Itxdgiftg it of Mfohte ntce{fity for the Security of the Englil(<. and the Indians that are m yltnUy with us, that th:j be Rtjlrdjned their ufual Com' merce with the Englijh^ and hunting in the Wood/, during the time of HojiiHty isith thofe that art our Enemirl ; Do Order, that all ihofc Indians that arc dcfirous to Approve themfelvcs Faithful! to the Injiij/j, be confined to their fcvcral Plantations under tprirt*;j, until! the Council fliall takcfurther Order j and thst thty fo order the fating of their Wigwams that they may ftand Compd(f\ in fame one part of their 7'/d«/*t/0'j/ refpfcflively, where it nnay bcbcft fortbeirown froytfion dnd Difence and that none of them do p efume to Travaik above one mile from the Center of fuch thcic d^^'fllings, unlefs in Company of fome Englifh, oc in their Service near their dwellings, and ex- cepting for gathering and fetching in their Corn with one EngUfh man, on peril of being taken as our enemies, or their Alxttcurs : And in cafe that any of them fhall be taken without the Li- mits abovefaid, except as abovefaid, and do toofe their Lives or be oihfrwife damnified; by Eng- lifh or Indians : The COl^ iVCiL do hereby Dedarethat they fhall account themfelves wholly Inao- cent; and their Biood or other dammge (by them fufteinfdj will be upon their cwo heads. Alfo ic fball not be lawful for any ln(iiansxhat. art in Amity with us, to entertain any Jlrani'e Indi- that fhall be appointed for that end to fojouoi among them, onpenalt3/ of being reputed ouj Ene- mies, and of beingiiable to be proceeded agamftasfuch. Alfo whereas it isthemanner of the Heathen thacarenowin Hoftility with us, contrary to the pra- ^i(c of the Civil Nations, to execute their bloody Infolcncies by flealth and fculking in fmall parties, de- cliningall opendecidionof t heir controver fie, either by Treaty orby theSword . Tht Council do therefore Order ^ That after the Publication of the Provifion aforefaid. It fhall be lawful for any pcrithei3t^ of oaobcr 167 ^. Asalfofltthe SESS I ONS of C ouK bcld at 2o/1oa the li ofiVovcnritT 1675. AndTrinted by their Order, Edvpiird%avpfon Seer. PfOCI> Indians Prohibited beirtg in Bofion. "WTT ^^'^^'^^ t}cttoithfta>tdia£ the CO V 2^C IL S former Ptobihi- \ \/ / Hon of all Indian t coming to-jor rctnain:::^ in thi Toivn cf EofloNy \A/ rre finds that SliU there remains fircmd of F,.:r^ th=t unlefa ▼ V rnorc efeSual Cere betaken, wa may he ex^c^.i to m:;:liefb^ jime of that BurlwQu^ CreiVy or aw/ Strangers not of our NcUon bj their com- ing into, or re Ceding h ths Tavn cf Eofion ; Thb Court doth therefore Order and Declare; Flrfi, That (iron: theFcblication hereof , nope rfor. cr rerfons whatever courb r-w^. intheOsid Town, fiial] upon sny pretence whatfocvcr, Entertain, Owno^.'^''''°''A'"'''n«- Countfruncc any Indian, under i^jc Penalty of being a Betrayer of this Go' '« bcr'ob?"'' ''* vcinmtnt. Secor\dly^ That there bCa Guard appointed at t!:d end of the fcidTowa towards T^oxvurj, to hirdcr the comingincfany Indian, un:;l Applica- tion be firft made to the Gc/crtiour, or Conncil if fitting, and then to be ,adxnitred with a Guard of two Mufqactccrr, and to be remanded back with the fame Guard, not to be fuffercdtolodgein Town, unlefsia Pri- Ton : Provided , that if eny Indian or Indians that fhill be imployed upon any fubliclc mcfl'jgc or bufincfs fhall come up to the faid Guard, Ihey fhall forLii w.Ih be Loavcycdto tiicGove.T.our or CouDCii^& be by him (J ^ or it> Tyoopcis sm Fsk^men fo juTmlh^tUhmtrc ^rmC or fhem dtfpo'rj of, and fccus-ed dor»ng their nereffary ftsy for thcdfrpafch of their tuJtf'/^^ in Tov/n withoirt fald Guard, to Apprehend and 5«cureliim. Fourthly, Tha: Care be tek^ by the Military Watchtopieventany fronn coming by Warw 10 the faid Town, eit/ier fiom 'Dorthcfier or /^^a- tery iVec^ in Ca^iooes, or othtfwiie. and thai there be fpecialCaie taken of places where /^muniiion is kept. P'fihly, That Order be given to Charirtown Ferry not to Laod any In- dian at thcfaid Town wsthout Orde/ffom the Govemouj, and theniobe gcintcd Wrhtwo Mufqueteets-.. SixtbSy^ That ft (hall be lawful for any pcrfon, ixpon:,-y(hdiaKs ap- proacliing the (aid Towci, eitht'j by VJatcr orLojul, Without a Guard, as abovefaid to Apprebmd and fecuie bim. Seventhly^ Thftc Account bt teken of all Strangers, who are not his Ma- jefties Subjeds, and that they remain not in Towd, unlefs Security be gtv^n for their Fidelity : And thai nooe be admitred but upon the like Security: And that no Mafterof any Vs/rel bring in any without acqua-niing the Ooveinourtheremih and prcfertmg their PcTlcr,sinoiderlotbcir £y.a- RnnaxioHj who if upon thciT txarninatlcn cfio give no good Accountof their bufinefs, and Security for tbeir Good Bshaviour, (haU be Tentto Pri- /oDjbokJstbcj; do forthwith depart. Eifhthl;/., That it fhall not be lawful for cny Inbabitorf, horn the De- claration hereof, to Entertain any Stranger in hisHoofe, or for time to come, til! chK Order be reverfcd, v/ithout Jcave granted by Auihonry, ud- on the penalty of any Fme Authority iTiall fccmeetto impofe , Andthe Com milTi oners, and the Selefi Men, and Captains of £ojion are Ordered and Required rtfpectively tohave aJptcial Care thai th)s Order in the fe- veraj parts thereof bt; duely obfcrvcd and aru-ndcd. vv flereasit is found by E xperienc: that Troopen an^Tikeminareof little uje iti theorejcrt wan with the ttJiansi now for the Improve- ment of them to mere or l>elter ^dvowage ; ft IS Ordered by this Court and the A athoriJy thereof i^ That all Troop- ers fhall forthwith furnifhthemfeivcs With Carbines ond Amuniuon pro- iv'oVpe;!. "fu.-- p^rticndble, and aifo be liable to be Impteflfd by the Gommittee of Mihtia withorbir.ej. m thc Towos wberc thcy livc to ferve as foot Sonldicrs dunng the laid warr; ^f pfovidfdalv/ayeschat one fourth part of ttie Troopers tn each Tov'n be re- TtorpcrObuie ferved fortheirfc of the Country aslucb. And all Pikemen are hereby rc- Tapre^in'"' ouirtd torthwith to furivfb thfmfclves with Fire Arms, and fuch aouan- Tov/fta tn^y live* ^ k /* y*. * i^« tity of A munition from time to time as the Law requires Viul Keuers to be p^e^.,tofur. . ^jfjiea w!ih. an? L A W^ U SA G E or C U S T ML to the con- With Fifc A.-rr,. ^gry notWitnfTand'.ng. tA iitou\ar,d Tjnf r*nuiring Jrmi lohifentfor^ tk vfiy of? ay men':, ^s'iftn Tourf 27 j4 thousand Fire a/irmi to bs font for. ^\]\/ Hmas the £reat tiscelfity of afyft.'lyfupply of Fire e^rms, Musk^tS and Carhnens tov apparent I » thi^ f"M« of Way with the Indians , It is Ordered by this Conrt_, that a Thousand Fire Arms be accordingly procured v;ith alJ convenient expedition for the ufe of the Country, Pay- * thour^napirc rnfnt whereof ro be made out of the publick Treafury to fuch Merchants h^ '" *" ^"^ as are agreed with for their procuring thereof by the Committee appointed by this Court for that end. And -that the fod AnnsHiall be proportiona- bly dirtributed to The feveral Towns of the Colony : And the Sele<^ Men of the refpedive Towns axe hereby enabJed to raifc Moneys to maJ;e pay- '^tmilAifm ment to the Treafurer fortheir feveral Proportions, I Committees of Militia't Fowef to (jitrifon Townt, T IS Ordetsd by this Couri , Tto the Committefs of Mi/itia's in the fe- veral Townsthroughoutthis Juri6dl tif'/itfoKy To CariJcnTcwnk ommittfcspow 3- Thot thc ftld fcveralCoTDmitJees src bcr^by Ordered partico arly to «r toinf^^a infpe£^tJ)e feveialllacJcs of Amunition and Armi in their (cvcralTowrj^. T^'l'naVaSt'ock and jbc fame to AJtcf, Augment an d Difpofe as Jhey judge meet. Ece. «-jL^^» ........ i.^ (TommiHecjof tvlilitij'5 po*ci nicMf foiAras. AndtheConnniKeesofMiliiia inthefcveraJ Towns arc hereby Autho- rized to AfTefs upotj allfuchperfonsof Eftare within their Towns (as arc by the County Counts or Commiitecs of Militia exfmptcd from ordinary Ttainings) fo many Fire Atms, Muskets or Carbines, with a proportiona- ble ilock of Powder aod Amunition, as thefaid Ccmmittecs rcfptt^ivcly {hall appoint, to be alvvsycs kept in their bands,tO be ia a readincfs f'orihe Countries fctvice, under the like penalties as the Law provides for the Fur- niture of every private Souldier; andfuch AimsfrCm time tofimsareto be fuiveyed and viewed by the Clerks of the Train'd Bands in the fcveral Towns, who fliall upon any dcfehen it is Marching or in ^atta- liOyfo as the Officers may he heard and their Qow^ mands executed. 8. ^^(j) t5Aith Dtfcretion accord^ )ng to the cjuality of the fence. 1 5 Theft, T(obhery fhall k punifhed mth re-- flitution, and otherwife at Di fere tion. i6' Murder Q3X 'la WS fit ORDINANCES of WAR. jj CO. kSM urder [hail he Expiated with the T>eathj)f the Aiurderer. ty.^All Souldicrs coming to their Colours to jVatcbj oji to be Exerctfcd, or to Service, Jhali ■cOWiezcomplearly Armed, and them fxt upon pain nfpumfhment. 1%. If Any fhall negligently lofe, or fin fully play avpay thetr Arms atT)ice or Cards , or other ^ yi?ayes,tncy /hall hef^ept as Tioneers or Scavin^ gers till they furnijl) them f ekes with as good Arms, tp. ^one/liall prefume to fpoil, fell or carry aivayauy Awinition committed unto him upon pain of Veath. %o. JSj) Souldter fhall out -fay his l^afs mthout a Certificate of the Occajion, under the hand of a z!A<[agtslrate, upon pain of lofing his Tay. 'By grievous Tunifhrnent IS meant 'Dtf gracing ty CafJjiering, the Strappado^ or lading the JVood- en Horfe to fetch "Blood. Arbitrary ^umjhment, or Tunifhrnent at 'Difcretwn, is meanty not to extend to haj^ard Life or Limbe, H 2 OmuCs SS2 it guchdi& CarifonSouidicn. Tofecurc the Counay tArms. Gtiardi if GarifcJi So'Jdim FOR ihietter Re^uhting fbofe SouldUrstbat are ap^intedto (fua/d or C arifon any-^ avticular Town or Vlac^^ h IS Ordered by this Couit; That tbcy fhail be under the command ordettSfwu^ and difpore of the chief Military Officer on the place for their improvc- CjrifonSooldi- mcnt; whcthtr as Scouts, Warding, Watchjag, Fortitying of Garilon *'* places, or removing and taking away that which may endanger the peace andfafety of the people in the places, cxceptingonly v/'cie the Majorof the Regiment to which tbcy belong, theCcundloi: General Court fliall otherwife Appoint and Order. To Secure the Country Arms. ''^/y Herem divers perfons have been Tm^eJJed for the Ssrvlce of the Country, who wanting ty4rm^^ have been fufpHid -and furnijlied with the ^rms and ^ynumtionof other Inhabitants by Order of the Committers of Militia of the fever al Towns, to the end that the jaicf A^ms may be due- ly returned to the right Owners ^ and the Country mi^* not be unduely charged ; It is hereby Ordered ; That the Commlffionersfor the War fballnot ?h'f 'cou°ni'i'ic? pafs any Dcbenter upon the fingle Ci^rtificate of hisCaptain for the time of Aims. the Service of any fuch Soutdier that hath not been (lain in the War, with- out a Certificate from the Committee of Militia of that Town whence fuch Sculdier was Preffed, thatcither he went om with his own Arms, or hath reiurncd lo the right Owner she Arms which he was furniAed with. Trovo]!iiig Ev'tJsi W' ' Heriat the Most Wife and Holy God for fewral Yfatipa/}, hath y)0t orly warned ui by his Word, but chafiiv^d us with hit liods^ I«- fli^lingupon ui many gene/al ( though iefj'er) '('«rif<,'«a. 3 3 I. The Conrt apprehending there is too great a negle S''' etnd their Cutting., Curlmg, and Immodefl lajing out thetr Hair, which fra- Clicc doth prevail and tnereafc efpecially amongh the younger fort. This Court doth Declare agairrft this ill cuftome as Offenfive to them, and divers fobet Chriftians amongft as, and therefore do hereby exhort and advifcail perf ons toufc moderationin this refpedT; And further do impower all Grand juncsto prcfcat to the Coutity Court fuch Pcrfons, whether Male, or Female, whom they (half judge to exceed in the Premifes; and the County Court are hereby Authorized to proceed againft fuch Delin- quents either by Admonition, Fine, or Correflioo, according to then good difcrction. 3. Kotwithftandmg the wholfome Laws alrerady made by this Court, for reftrciningExcefsin Apparrei, yet through Corruption ia many, and neglct,have hereby p'^wer to Summon all fuch per- fons fo offending before them, and (or the firit offence to admomfhtbem, and for each ot^ence of that kinde afterwards to Impofentson and %jforniaiwn whereof: It IS Ordered by this Courc &nd rhe Authority tbcrcof ; Thatevcry Perfon found ata Quakers Meeting fhall be apprehended Ix Officio by ihe Ccnftable, and by Warrant from a Magirttete or CommifTioncr, (hall bec^inmittrd to rhehoufeof Currecftion, and there to have the Dilcipline of the Houfe applied to ihfxn, and be kept to work with Bread and Wctcr for three dayes and then releaffd; Or elfc fliall pay /i"re ;>t't<>i<^Mn Mony as a Fine to the County Tor fuch offence: And all Ccnflabics nfglcdirg iheirdutyin not faithfully Executing this Order, fhall incur ihc penalty of five pounds upon Convidior; cnc tbiid whereof to the Infortntr. _^„d icuchinj the Law of Importation of ^tiakin, that nmo) be mere JirtQly LxecKltd^ andnOne Tranj^r effing toefcafe Punifhwint: It is hereby Ordered; Ihat the penalty to that Law averred be in no cafe abated to lels then Tvpcmtf Poundi. ^. Wbereai there is muih Pro^haner.tfs amoyi^fi ut in per forts ttdrtting thely Bacis upon the publicly Worpup hfore it be fimfhed, at.d the Eleffingpro^ nounced- It is Ordered by this Court; That the Officers of the Chnrches, crSe- \tCi Men, (hall rake care to prevent fuch Difordcrs, by appointing perfons 10 fhui ihc Mcctirg-Houfc Doors, or any othf meet way to attain the end. 6 Whereas there is much DifordeT and Rudeiefs inToutli in many Con- gregation' tn itmc ofcht worjhip of (^nd^rvhtreby Sin and ProphaKenefi is great- ly inceafed; For Ri formation xvhireof ; It is Ordered by this Court i That the Seletft men do appoint (uch placeor places in the Mecting-Houfc for Children or Youth to fit in, where they may be mod together, and in publick view ; and that the Officers of the Churches or Scledl men do appoint fomc Grave and Sober Putfon or Perfons to take a particular care of, and intpvdion over them j who aio hereby required to prefcot a Lift of the Names of fuch who by their own Observance or the inforinatioe of others fhall be found Delinquent to the next MagiHrate or Court, who are impoWfid for the fir/l Offeree to aJmo- nifh them, for the fecond Offence to impofea Pincof/jv^ ShtUmis on iheir Parents or Govcrnourj, or order the fa\d Children ro be whipt, andif Incor- Tigible, to be whipt witn ten ftripw, or fcnt to the Hocfeof Cortconer, or Confla- blc, fuch perfons fhall Incurf the fanac penalty provided in that Law agaioft Swearers. &c. S, Whereai t he fharr^eful and Scandalous Sin of Excejfive drinkjngTipti''£^ and Company kee^ia^ i« Taverns and Ordinaries ^roas ufon m, ]or Re drefi whereof ; It is CommfadcdfOtheCareof the Refpe^ive County Courts not to Licence more pablick houfcs then are abfolutely neccifary joany Town, and lotakcCarethatnoncbe Licens t but perfons of Approved Sobriety and Fiddicy to Law and good Order. And that Licenfed hoafes be regulated inilicir Im provement for the refrefhing and Emerteinment of Trava'lers and Strangers only, and all Town dweller* are hereby ftridly Injoyncd and required to forbear fp^^d^^g(heir Time or Eftates in fuch Common houfcs of Entertcinmcnt to dnnk and tipple upon penalty of (ivt Shillings for every offenccjor if poor, tobe whipt at thcdifcrctionof the Judge, not excced- fiveftripei, and every Ordinary keeper permitting perfons to tranfgrefs as above faid, fhall Incurr the penalty of five SbtUtn^i (or each Offence in thai- kind And any Magiftrafc, CommifTioner, or Sele- Whereas threis a aoful 'Breach of the Fifth Ccmmancimn^ fo be found amm^fl us, im Contempt of Authority, Civily Scclefiasiiial^ (,nd Do- ■mtfiuaX : This Court doth Declare that Sm is highly prorcfting to the Lord,agaiDft which he hath born fevere Ttftimony in his Word, Specially, inthatre- markablc Judgements upon Cb.T.1/7 and \^\s Company. And thcrcfotc do ftticUv Require & Command all Pcrfons under this Government to reform fo great an Evil, Icaft God from Heaven punifh offcodcrs heiem, by foinc remarkable Judgsmcntj, .5^ Protokin^ Evils. And it is further OrdcrcJ, that all County Courts, Magifiratcs, Coin- milljoners, Sclccfi m-n, ano Gisnd-Jurors, according to their fcveral Ca- pacities do take ftridt Care ihat the Laws already made and provided in thi o Cafe, be ducly Executed, and particularly, that Evil of infenoius abfenting thcmfclve!; out of the Families whereanro rhey brlong, inthcmelir and infeciiigu'ith Corri'.pt Company without leave, and agamft the mind and to • he great grief of thfirSupciiours, which evil pradticcisof a very pcni'ons Nature, and the Root of much Difordcr. It is therefore Ordered by this Court, that whatever Inferiour fhall be Legally Convitflcd of fuch an Evil practice, fuch perfons fhall be punifhcd With Admoniiion for the firfi ofFtncc, with Fm£ not exceeding Ttnbh'.linus or whipping, not exceeding five jinpa for all ofl'ences of like Nature afterward. ID. Whereai the Sin cfUUnefs (xthich is a SinofSodom ) clotk^reatly Jnaeafe, notwithfiandin?^ the vchcljoms Laws in Force f^ainJi thef/rme. ^s (fH ify^ ddition to that Law. This Court doth Order, that the Conflable with fuch other perlon or per- fons, whom theSeled mco fhall Appoint, fhMl Infpc(fl particular Famiiics. and prcfent a Lift of the Names of all idic perfons to tbc Sz\c€\ men, who are hereby flrid^ily required to proceed with them, as already the Law dire^s, and in Cafcof Obftinacy, by charging the Conftabic with tbem, who fliall Convey them to fomc Magiftrate, by him to be Committed to the houfc of Correctioti. TI. Whereas tkn is Oppr/Jftcn in the fniajlvfus, nnt ot-ly t>y fuch Shop. I^cepers arid Merchants, who fet exceffive priz.cs on their (joods,bi(^Tradini-ffoufes with Indians, Powder A^iil. 37 feared a not able means to debauch our Touth, and hazard the Chofliiy of fuch as are drawn forth thereunto ; For Prevention mhirecf\ It is Ordered by this Court; That all fingle pcrfon?, who meerly for their pleafurc takf fuch Joarnics, arid frequent fuch Ordinaries, fhall be reputed and accounted Riotous and Uofobcrperfons, and of ill Behaviour, and fhall be liable to be SummoDcd to appear before any County Court, Magiftrarc or Commidioncr, and being thereof convicted fhall give Bond and fufScicnt Suretres for the goodBchaxfiour mtwent^ Pounds, and upon refufal fo ro do, fliali be commuted to Prifbn for ten dojc'i or pay a fine of forty JhiHin^i for each offence. £aeb Tcfpn to povidi FHntS' ITij Ordered by this Court; That every Town in this Jurisdiction fhall provide as an adition to their Town-f^ock of Amunition, fiK hundred order regulating Flintifor one huodnsd Lifted Souldiers, and fo proportionably for a lefTcr pJo^y^^^ws or greater number to be conflactly mainiaincd and fitted for publitk kc. Set vice. TraSrti-Hou.\et with ibe Irtiianf to cta^e. THis Court confidering the great /Shufe and Scandal that hiiih arifen by the Licerifeof Traaitg-Houfei nub the Indians, wbtreby Drunken- mfs and other C rtmei have been as it vf ere fold unto them. It is Ordered by this Court; That all fucb Trading-houfes from the Publi- cation hereof fhall wholly ceafc, and none to prcfumc to make any fale unto them, except in open Shops and Towns, where Goods are fold unto the Englifh, upon the penalty of ffw powwij'i for every Conviction before law- ful Authority, one third to the Informer, the remainder to the Ccuotry, any Law, Ufatie or Cuftome to the contrary notwithflanding. *Poifdcr MiB THii Ccnrt having OrJeredtwo Watch- vjcn fram DorehtHer and Milton to Watch at Dorchefler MiU, and undcrjlanding the Vndertaks'^s of the I' owder Mill for bttter defence thereof are ereCiin^ a fmali Stone Watch- Houfe at their ottn Charger , on their 3^r^Mf/?, as being of public^ conctrr,- vant : Tbis Court Declares; That the Undertakers of tbe Powder Mill may Jepaif toany oncMagil^ratc, whoby the Law are impowred to give War-* rant to ImprelTe Workmen to carry on Publick Woiks of which fort this is. K RcUtf : 8 Rdiif for the 'Di(}rcjfcd. No hdicns to gc vffth Jfteirid. IReVtef for the Dipeffed. THis Court Confidciing the Inconvcnicacc and Damage that may ari fc fo particular Towns, by fuch as being forced from their habi- taiions through ihc piefcnt Calamity of the Wair, do repair iinioihcmfo Juccour. Do Order and Declare, { tbar iijch perronsbeinglnbabitarts of this Order for relief Jufisdi^ion ) who ate To forced fto in their habitations, ard repair toother of the dirirertco plantations for Relief, Ihall not by vimie of tfaeir Rcfidents in faid Plan- tations they repair unto, be accounted o*" reputed Inhabitants thereof, or Impoftd on them, according to Law, Title, Poor; But in fuch Cafe, and where nccefTity requires, (by ReafoD of Inability of Relations, &c.) they (hallbcfupplifd outof the publick TiEalBry. And tl at the Seltft men of each Town I nfpeft this D3aner,Qiid do likewife carefully provide that fuch men or woiricr. may be fo IiEpiBved,and Children Difpoftd of ihar asmuchasmay bt,pub!itKCbafgeiP9j' beevoyded. 7{o Inc/knj togc off tie JJland where ^Jaad mthm ka^B. W J Hen (IS ihh Court have for weig hty FcafcrJ placed Junnyy Indian] {that have SuhjiUed to our Covermnen.') vj^on ^cmi ifiCudsfor tbcir and cur Hecurtty:, HotnaijnstoGo. Itis Ordered; Thnt noncof the faid Indians fhsU piefLme to fccB offtheiiiiniJs the (aid Iflands voluntarily upon pain of Death; And it (hali be lawful u,'hcuriel>., for the Englifh to deflroy ihofetl^at they Ihall findef^ragling ofF frcmtfce andonpainof (aid plact's of their Confinemcnr,unlefs taken off by Order fr ivar, and tokrvc in their own perfonsas their Neighbours do in theTowr/''''*^'" ■wiiere they dwell, Provided the Corporation of tho Colledge be excepted, andlikewifc, that what is hereby advanced to the Country Rare, care may be iak.?n, that it comes into the poblick Trcaluty, and not to the pafli cularlown Advantage where fuch perloos Dwell. Lxponatim ofFrotiftons Irohibited. 'T^/?rj Court Confidcttn^ the gr(j.t danger of a Fami>:c, or at leaf! a ' Sc'ivfity of Bread, and aiber Ffovifions, by Reafon of (Hi u,arry ( // ibo Lord oricwujly prevent net.) Do hereby ftri(rt!y prohibit the Fxportationof all Sorts of Pfovifions (except Filh and Mackerel J out of this Jarifdiflion upon any pretence whatfoever, ( vi6ual!i!5g of Ships or VcfTcis excepted) and Captain ]arr\ti Otiiver and Lteutetiant T'notna BiattUatc Appointed by thisCoon to Infpeift the fame, and to make Seizure of all fuch provifjons as fh-jll be loadcn Contrary to this Order for EKpjrtaCion ; to be forfeited, ono fourth part to thepcrfons fcizing, th; remainder to the ufc of the Country, and this Order to ftand in force till toe Ctneral Court or Council fliail fee juft Caufe to revoke ir. Provided the Ccancil may give liberty to ar,y per- Ion, if they feeCauf*'. I Tis Ordered, that all fuch perfoiis that have olrf 3d y quitted their habf- ations at /,f.;My upon /j Roui *"' This Court tloth Order ; Thntdurin5thileU''ars, arid till this Court take furthci Oidcr, it fliall be in thcJibcny of the Major of each County L or 2 Troopers, ydunteers, guards and Garifom. or any loff r iour Commiffior Officer who bach comirand of any CoflJ- pany or Paay of men to go out of tbciroun proper Ccumy for Enga- ging, Furfuing oi Dffttoymg the Enrmy ; fo as ihey i(\ not conirary 10 paiijcular Order from Supefiour Officers or Auihor'/ry. Troopen Sxem^tsi from Imfreffi. Wffefeaib)aJate Ordir^ the Troopers tsere mads hahlt to he Im- .,.>^... ...,.,- prtfffd ky Foot Sbuldien, at /ucb time as it was fupfoftd ihtre f'c\ from im- p^culd ht Uitle ufe cf them a^amjl the Indians, v>bo are found tj txperiiticC ^"^'^ to he icryfervicettbk and necc^ary^ «nd have been mphjed in a full pro- portion teiht foot; It is hereby Ofdered that that part of the Order concerning Troopers be Ecpcaled. Volutttcers te if Under the Murttal Lavs, Jhcreasthere arcCoTnf\aints,tiatfuch Perfonsxfho tijl thcmfelves Vc\v.T)tecri in the Countriri Service^do ejlscm themfdvgsfrom under ihrnaiiuiTow. ^^"^ ion^txandnhuhis nec.fary for the fecurity of the Country, It is therefore Ordered by this Court ; That all fuch PerfoDi To lift- ing themfelvesfhall be fubjcdi to ali fuch Martial Laws asarc or maybe ptoviUe^ifcT \h^ vjclj otderuig of ij^e Forces of tbis JunfdiClioti. vv Guards & Carifoni. WHert^ithiYt isdferved a great veglcB cf the Execution of the Law Litfly YTiade^ tit. Guards and GarifonSculdiers: ... , ,v.. It is Ordf red bj this Court; That the faid L3W be carefully fbvtbe Addition 10 tri'.' -^ , ^ * /? i -■ ...i. l i ^ i . / \ ^j tiw t.t Guards Committee ot Miiitia, WDo are hcieby Impowrcd in that refptO or (ScGanfcM j,)^i^f officer in cacbl own) put in Exccuiicn, and in particular, that aailyrare betaAco, that acoofidcrable part of thcScu'diersby turnj, in th« f^verijlpansof the Rc(pe(rtivc Towns, be improved in Scoutircand Warding to prevent the Sculking and Luiking of the Enemy about tbc faid Towns, and to give tiinely tioticr ot approoclung Danger: /ind alTo that the B'uCb m Higii- waves and ether places (judged ntcelTary) be Bwflitobcout cutup; And that fuch I erioni, Youths, cj-c. asarc not in thcRoul ofthc up ( earc Traind Bands (except fuch a^ arc in j.ubiick place ejcemptfd by Law} be under Obligation to attend ComniandtCj,- that fci vice, on penalty of five ihillings per day for neglcrt. d°ch^'""' *° '^^ ^'^■'^ '' '^ further Ordered ; That the breaking up cf the Vv'atchbc b'-eskin^^p'j}.,, not till the nfingof the Sun, at wbat time the Scouts are to fet forth; and y^aj^ch on reriju that no G un fhall be then f ted on penalty often OuHings for each offeocr, ■ t^efe fioestobelt'vifdby the Clerkof the Band by Warrant from the Commiuce of Mililia or chief Officer, who if tbcy fiuH be conviifled of ncgleft Q43 Three pounds fcr }icada!lomd tofuch as take Indianu 4 3 reglcdof thcirdury concerning any of the PrctDife$,thty or he fhallta fined icn pounds to the Publick Tfeafory . TjPinCor.fideratioMofmany Schll^nghdioos about oar Plojiations y^ doingmuchmifibief and damago; jind that A probable ^al for thlreT'^'^"^^ '* ^^ SfOur;«^ in fm^ll Partiei; for Encouragement This Court doth Order j That every Pcrfon or Perfons, that null fur- prize, Hay, or bring in Prifoner any fuch lndta» on the fooih fide of Par. ii>'«P=^'"'ip« catii^ua River, he or they fhill be allowed three Pounds per head, or the Jiu'k' .e'lnJu Prifoncrsfo taken making it appear to the Committee of M.liua of Ii'I'S^'" that Town to which they are brought- i'^j^o&jMen^ FINIS S44 Set?cfmeni Pomr toOrder the Husbandry cfthofc in SnvUe 45- SevBYal LAIFS & li'D E'E^S ^^^^aJe at the GENERAL COURT, midat'BofionforELECTIO^/^theil of And sprinted hy their Order, Ednard %in;fon Seer, fMereai t^-^ ?i^Jif^ ^<'^** ncccfarily eaJ/ forth futuhy tttct info tbe Country Scr\/ici, w/ij/? Impkf/ment and Livefyhood Corffi/ls in Hu^bandr^f the frOimthg whereof in our RefpefHw Towns- for the Raifing cf Com and Prmfms, is of gnai "Ktceffny f«f our Subfifiance. It is therefoTt Ordered by thisCourtjThat the SeleS mitt of the Refps- „ (\\vt Towns do take Effectual Cjro,an(l are hereby ImpowrccJ to Imprefs twl'lc s^i^"^ men for the man^gtment and Carrying ofjorthe Hu/landry of fuch per- ^"^"to^iteruch foDS as are called oiF from the fame ihfu the Service, who have not fuffici- iL Hurhz"l°y enc help of their own left at home to manage tha fjjrre, whoflhallbeal- sc?*';f ' '" """ lowed FAghtein Pines i day for theic faid work, to be paid hy thcRe- ^^h't^'n ?rnf» fpe^ive perfons far whom th:y work. Provided is do not apptar that wigt7 r""'""^ 4'£y>x ptMcc in rnony per Wcc/j tbroufehout alghceen Pence tDiS JuriSdjftlOD, pETVWott For the Treferv/HiGfh of ihe Frontier Towm: TjT h Ordej-rf? That each cf the Taid Towns be by xheConnr-'tteeoa i Mfliiia. divi'ied into h many parts as a snsct Number,inay each day i*/ Tai.ii C curtt Order as to Frontier Towns* Town of Saicm Impofej a Fine. 47 Turns be fent forth upon the Scout, with whom a parry of htninm at ibc Charge of the Country fha'I be joyofd, that the faid StoKfj be Conflaiii- ly mana'^edby a fuitable Commandcrin eacbot faid Towns Appo nted by faid Cawmitrcf, who fhall be paid his wages by the Country, and for ^,°Vo\^otl\y Re a' fon oftloefm^lnefs of the Fine Impfed t>) L a» onfuch as do rrfufc. f^^^ ^^ ^^1 It is Ordered by this Court that it fhall be Lawful for t^e faid Town '■'■■'''•■'it.^ im""- hcnccJorth to Impofc a Fine of Te« P'uidi upon fach as do leiafe to fcrve Fine on"tho7e ''' in the Office of a Conftabk there, any Law to the Contrary notwiih- ''"^'^"'"o _ ,. •• ' iTvc js Con* llaading. tuik. IN u^nfrvey to the Petition of John Beaudoti a rvounded SouUicr /«y yelief. their hfivta »M>iy i" ^'^^''' H'll!" '' lli<'l Jlands in like lurJ. The Court Jadfi;tth It meet to Appoint Mr. Hawara s mg^j^r, ioleth 'Dudley, Capt. Hugh Ma/on^ and Mr. William 'Far l^es\Q be a A:ind- '=-■'"' f^utee to ing Coramittec to Confider of FcCitions of this Nature, acd make their y-rj'il'/J^ Report of what they Judge meet to be done therein to this Court,aad this ''"'■•'Vciiiro'',^ Committee to Continue till the Court take furthci Order. ^^ ' \IU'HcreaJbytbe late Law prohibiting Trading Huufet ' an^ Trading xtith the Indians except in open Shcpi and Tuxvns » here Goods are (old vnto tie Enolifh , tyidvanta^e n gmn to petfoni by that Exception to C ar- ty on a VoUntary Trade with the Indians^ which may {rovt of dangcron: Confftjuencc to tbc ^uhlick Weal. 1 1 IS therefore Ordered by this Court and tbc Authority t' cr£of,That all ord« pmusi,;. Trade with thcl«.irfl/jj be prohibited &: for thcFuture,it is hereby prohibi- ''"« Trade with ted that 1:0 pcrfon whatfocver within this Jurisdidion,prc:umc to Trade p/n.'ityof'c''o% isitb any /«d»rf«. or Indians, diie^ly, or Indireaiy, by thcmfclvcs or Efti't'Tra/ others ; Any Commodity whatfoeverupoa Penalty of Forfeiture of their "iu'mflu, &c. ivholcEftatcs for each OfTence, being Conviflcd thereof before lawful Authority, one third to the fnformer; and the Remainder to the Coun- try; Provided that this Law do no way prohibit the occcltary fuppl/jnd Relief to fuch Indians and their Families as arc by Order [m ployed in the Countries Scrvice,or as are otherwifc urtdcr rhc fpecia! Circ and Infpctf^i.: on of Authority; So that fuch Supply and Relief to thefc /«i/jrt-)i be made as the Court or Council Hiall allow^oril no Eftatc, then to be banifbed up. otipain of Death. Andthatby fuchasareuoderthc Tpjcial Care and In- L z fpcd\ion 48 edeff win to tak^'Zarifar tie DifiraOed.Corrnrtitte cj Militia in eacbTotvti 5pfdionof Authority , .be* meeot fuch is being peaceably difpcfed do r-ome in, ( and being Appointed the place ) do i>vc within the viev/, and ander the Eye, and Protebion of the Eng^Jh. '^^ Hfreas if)ere are difiraGedperfonsinfme Ttwits that are Vwulj; vhereby not only the Famhe: whinin tbcjare, but othcrfuiTcr much ^a£e by ttirrr, PclcflmcnPow. m *^'s Ordered by tliis Co Hft and ttic A uirority thereof ; ThattheStka forjic csic'of . en in all TowJis wbcrefuch pcifonsarc, are hereby Impowrcdand Jn- thc Difin&ei JOy oed to take Care of al) fuch pcrfons th at tbey do not Damnific others, "^od alfo to tak« Care and Order the Management of tbcir Eftatesinthe Times of tbeir Dif^emperalure, fc ai may be >or ibe good of thcmfelves 3nd Families dependir,-^ on tht mi And the Cbeqge lobe paid outof the Eflatesofallfucb pcrfons •where it may be had, otherwifc at the publicic Charge of the Town (uch peifotJs belcngunto, Tf/is Court Conpderivg the great ImMi^enieticy that w/1 £u]uc iffer- foTJi be left at Ltbtriy to withdraw} frem the Irmtur Tovms that art yetjlandingout, thereby Br.fsihling the Jiemote farts of the Ccumri^and tetidtng to ihc Damage ofihe vchok. Do therefore Order 5 That it fhallnotbeinihe Liberty of any perron Commitreesaf whalfoever, who isby law Injoyned to Trorw, W^tcfc, Ward, oi Sccrtr, u'eachTo^" to leave tbt Townheisan Inhabitant of, upon any prcrencc wbatfcevcr, v.'ilhoufc Liberty firftobteined from the Cci»»irt«£« of MUitiam theTown to which he doth belong, or inCafeof theirdenya), thenbyibc Counrl of the Common ]\'fallh. upon the pciml/y of Twi-nty Pjuiuh ; except within one week after tbey be required by ibe. Ccnimittet's of M'mia r -j TCturn to tbeir Station, they fhall accordingly Return, which SLmme cf Twnty Toundi upon Certificate fromthe ^o?Mw;rrcfro/ j^/Zj/j^ to the CeUmy rrurr.of thatibire, or Jc'aoy two Mcgiftratei, flwilby their w ar- lant be forthwith Lcvyed upon tbt Eftatts, or for Want thereof upon thr perfcnsof fucb Delicquenisto be difpofcdof, either tofuchaswiil Come unto the faid Town, lo ftrcngthen them, or towards the bearing thr Charge of the Wair; Or otheiwife, as thofe that ftard itoutfhallfee meet. Atid it b further Oi dered ; That no perfon capable lO Afllft in fccuring the GarrJfoD he belongeth to, fhallabfenthimfelfby going rut of Town without actjuainiing of, and Liberty obtcined from the CommaDder of laid Garrifon, upon Pccaity of ficjhilli^igi for each Offence in that kind, lha:fo the danger to which thcGairifonsintbfRefpe^ve Tov/ds arcex- pofed too .by frequent abfencc of fucb as ate for the Defence of them iraybeprtve^'^ed. FINIS. 248 Si> The customary cut of the Colony arms is necessarily omitted to bring this page to the size of the others. ^- "• *• tJtA qE^NiEBJL COV%T Beldat'BoUonCMayth '^d, i 6 y 6 Or the preventing of Injufiicej and Inetju^lity in the difcharge, and payment of Vifl^urfemenpr made hy any particularperfortij or Torpns for the Carrying on this prefent W^rr, his Ordered hy this Courts that a (^ommittee JJjalJ he Chofen in each County ^ to Examine the 'Rates put up. on all manner of things u fed or Expended for theTMicf^, ai4d to yien> the particular "Bils allowed hy the Militia of each To\ipn for Expences, until thefrfi of this Inflant. Jndfofarras they judge right andoqualtopafs the fame under their hands. Jnd the Committees abovefaid are herehyOrderedto Choofe one man from among them fives, in every of the County es^ i»ho (hall meet at 'Boston the firfl fourth day infuly next, and bring Vfitb them the Ac- counts alloxpcdandpajfedtn the fever al County es, ythere, and Mihen their "^orl^ fhall be to Compare them to^ether^ and fo to 1{egulate the whole j as to them fhall feem mojl J lift (y equal, Vfhofe Ad being by them given under their hands to the Ifrsajurer, /hall be afufficient warrant for their allowance in payment of the Conntry %ate. The frames of the fever al Committees are , for Suffoike, Capt. Filhcr, Dcsron Parker, Mr. StoJdard. For Ejjex, tj^rla]jr tA ppkton. Air. BarSbolonttVy £nf. Fu//(f. For AftddUfex,Capt. Hoivmond^ Lcttit ]ohnfon,Mr. ^offph Cook. For Norfflke Ml. Ddton. Enf BuJ'wilj Lciut. Browr. For HarrflWtrc, Qaft Heliiock^Lcint. Clarke, Dcacow Tilfjrr. S4S13 Pniidnition of the Sa^iaih punijhed, i? Several LAWS E'R^ S !Made at the firH SESSIO^K^of the GENERAL COURT for ELECTIOO^S Held at^ojlon in !J^eMp ^England May lid. 1 6 7 J. Printed and Tuhlifijedhy their Order, 'By Ed'^ard'R^wfon Secr't, H JiJ COV'^Thang difroui to pnvcnt all occafom of Cjhu flattit nfzning to the Profhartation of the SABBATH ; uind as an jiddition to fotrmr L AWES ; _, Do ORDER and Ena(ft,th2t all thcLawa for Sand ^^ ^^ ^ ificarion of the SabbLith, ^nd preventing (he prophaoiog thereof, be ^'^ / *"' twice \r\\\\cn<3f -yir. in /If^rcb and ^cfUWDf publickly Read by the ^'' ^^{''''^ C^mHir or Aftmftirs on the L-rdt iafe «n their fcveral r«fpcdive y°?// *. tyffembUes within this Juritdidion; and all people by him C?utiooed S^°'><^''' to take htxd tp fhe cbferv?nce thereof. And the SekSt men arc hfrcby Ordered to Tec to it thai there be ont man appoiated to infpeQ the M teti Ten Families of tbcirNcighbonrJ. which Tithing man or men fliall and hereby have power in the abfcnce o( the Conftable to apprehend all Sabbarb-breakcrs; difordctly Tipiers, or fuch askeep LiccnTed Houfet, orothcrsfbat fhall (offrrany difordcr in their Houfes on the Sabbath-day or evening after, or at any other time, and to carry them borore aMa- giflnte or other Authority, or commit to Prifon, as any Conftabic may do ■■, to be proceeded with according to Law. And for the better putting a rcrtrainr and fecuting Offendexs that fhall anyway tranfgre/s againft the Laws n;. Sabbath, either in the Meeting Houfe, by any abufiue Carnage, or misbehaviour, by making any noife, ^^{^■^ttf (3 tf o'o*^^'""re> or during the day timCjbeing laid hold on by any of the Erectgd Inbabitams, fball by the faid perfon appointed to infpedl this Law, be forthwith carried forth and pat into a Cage in 'BoHon which is ap- pointed to be forthsA/ith by the Selcd^ Men fet up in the Market place, and in fncb other Towns as the County Courts fhall appoint, there to remain till Authority thall examine the perfon offending, and gi7e order for his punifhrnent, as tbc matter may require according to the Laws tdatirg to the Sabbath. J^V AKET^S-MEETlNgS. AS an jldditioutciht J a/l L^w relating to fakers mnttyi^tQ Ihe Conflablcs o> every Town, art^ hereby RequifetJ to oiake diligent Search in tbeir refpeflive Townes, efpecially on the Lords day, m all fufpeflcd places and houfes, and where they know, er may be informed that any Q^kcy$ are mett to Celebrate their Irregular and prohibited worfhip, anda/e hereby Impowred to break Addii'icmto open the doore where thev are dexiyed peaceable entrance, and tuch the Lames a P^r/ons a; (hzW be found at fuch meetings , Gnall be apprehended vatnft Pua^'"^ proceeded wuh aod pnoiHied as the Law provides in ^at cafe; Lyf ;„fj(;«- and .every Conflable ncgle live wirhinthis jurifdji^ionj as well fuch as arc called Praying Indians 39 well as others, tbcyfhal! be rediiccd to In- habii in four places for the prefent, N'flric^, P uiickc^dn^^ Hajfanemefit and Wamefit^ ind within the limits of thofe Tot^ofhips, ss they are gran- ted to ihem by the Geoeral Court, where thfey may be continuilly jn- fpe(ned, and from time fo time ordered and'govcrned by fuch as this CourtorCodDci) fhal! appoint: And C7hen they are ooce fettled at a- foiefaid,a Lift to betaken of all the Men, Women and Children of the fevcral Companies once a year at Icaftj and kept upon Record with a ftrid\ charge and prohrbit/on upon the penalty of the difplcafurc of this Court, not to receive or entertain any Granger or forrejgn Indian or In- dians into their focicty without the knowl'^die or approbacidrt of Au- to kwi oJt *^°'''y' and ihat she Indians about /' refpc^ttni'Bo'jkr'Tiil'ti be repealeti, &c. Bonk^Dtht: Ir li Ordered, that.the Law refpcaing BooIcDcbti fball be ^°^ iu\(endei for hereby jjfufpeoded for ihree years longer from this time. 3y<<*i 1 Double CulJnmefor ail W'met, Brandj & Rttm, T.is Ordered by the yiuthority of this Court, thar tbcCoftcmc of a! Dowfc/c Cul ^ Wines, Brandy and Rum Impcrrted into this Jurifdiflioo iball he ^ome for a- doublsdfrotD henceforth :o what batbbeeopaid. i»<«"> ^''-'^ dy and B'AO) Prifei of Horjti to the Country Rate* WfJcreatitU mamfefi that the prifet of ffcrfet it much fallen to xhat tbty formerly were, and yet by LdVQ are to bs l{aud at ^ve pundifcf Horfe \ It IS tliCTcfarc Ordered by this Court at>d the Authority thpreof, ih3i hcDCf forth all Horfcs aod Mjres from three years old aoi upwacds, Fr>p» of bar' iball be Raicd at three pounds in a finglc Country Ratc,bctwecn two artd i^i f" **'* tnrecyearsoldaC forty fhillingii and between cne and two ve3rso!dafC3;o^ not excee- ding four dayei , fix^fenceper day. To Horfes Impreft asT>ragoons, to he faid as Troopers horfes. To To/is as the Lafo diyeBs, To Trovifwns of all forts ^afBread fer hun^ dred : 'Beef.Tor^^ hy the barrel &c.at the cur^ rent prices they are fold at the time they are ta^ k^n up^ to he paid in money. To Horfe i lofl as the Lay» di reels. To carting, four oxen (yaman,fve fhiLp.d, To a man with three HorJes(^ a cart at five fhillmgsferday, and fo prportwnahle. To Jrdunition, pon^der tvpo fhiUings p.found mus\et bullets eight fence per fcore, and fmall Jhot proponioncble. To Ferriage ofSouldiers (jrhorfes halfpric Tq Gates according to tVfO fhiL j^er hufhelL Tro Pritjes far Disburf«men:!. 55 Provided the "Billpt^ of Souldiers in partis cuUr places, be allovped by the Committee for the Wan : and that the allo^vances for Ferriage concerning fome ferp particular perfons, he fuf^ pended to further Conftderation. (tAnd that all ^tlls Signed and allovped bj the (Committee of Militia of the rejpeclive Tovpns^ according to thefe T(ateSj /hall be accepted and payed by the Treafurer, Fi :j^i s. soe Oatn of Fidelity and Allegiance. 57_ Several Laws and Orders tSA^ade at thejecond Sefsions of the GENERAL COURT Hdd at "BOSTO ^OiioheT.io'"- 1677. And publiihed by Order thereof. Edxvard l^vpfon Seer', WfJertAJ many fecret aittnpts have hein lately made fy evil-minded ferfns to ftt fire in the tcwn of Bofton, and other placrs, tetiSng to the difiTuElion and devafia- lion of the tvkolt \ thk Court doth account it their duty toufe all hvf{ull meant to difcover fuchferfctit, and prevent the hkji for time to corns : Be it therefore Ordered ;>nd cnafted by this COURT and the Authority thereof, that the Law, /<>. 0,»riS)/ and Suhfcriptionsy Pag. mo. Oath of AUc' SeFl. 1. requiring all pcrfons.as well inhabitants as ftrangers (that huve giaHce & Ft- not taken it ) to take the Oath of Fidelity to the Country, be revived and citHtjfar Ik- put in prad\icc through this Juril'diftion .- And for the more effeftual habitants & execution thereof*. It is Ordered by this Court that the Seledt-mcn, j/r4»«_gfr;. Conftablcs and Tything men in every Tovyn, doe once every quarter of a vcario proportion and divide the precifiiksofeath tovm, and go from N houfe 5^* ^(.7^ ofTrade-and Navigationtohobfervecl. houfe to houfe, and take an exaft lift of the names, quality and catlings of every perfon, whether Inhabitant or Stranger, that have not taken the faid Oath, and cannot make due proof thereof •, and the Officers aforefaid are hereby required forthwith to return the names of fuch pcrfons unto the next Magiftrate, or County Court, or chief Military Officer intf'e Town where no Magiftrate is, who are required to give fuch perfons the faid Oath prefcribed inthc Law, wherein not only fidelity to the Coun- try, but Allegiance to om-King is required .• and all fuch as take the faid Oath, fhall be recorded and enrouled in the County Records, by the Clark of each Couniy Court •, ?.nd all fuch as reftjfe to take the faid Oath, they (ball be proceeded againftasthe faid law direfts. And further, this Court doth declare , that all fuch Reftjferitotakctliefaid Oach, (half not have the benefits of our Laws to implead, fueorrecover any debt in any Court or Courts within this Jurisdidion, nor have proteftion from , this Government whilft they continue in fuch obftinate refufal. And furthermore. It is Ordered that if any Officer intrufted with the Execution of this order do negleft or omit his or their Duty therein, they (halt be fined according to thcirdements, not exceeding five pounds for one offence, being complained of, or prefented to the County Courts, ol Court of Affiftants and this Law to be forthwith printed and publi(hed,anii cffeftually executed from, and after the laft of November next, and that all peribnsthai Adminifter the Oath above faid, {hall in like manncf make re= turn of the names of luch perfons fo fworn to the refpeaivc Ckrks of the. County Court., ACTS OT TRADE to le obfnvrl T^Hii Court heinginformedhj Lettirt received this day from our Jl^cffcfiM girs of his Afajefliei expcHatiou, that the afls of Trade and Navigation^ ire exaHlj and pMn^ua//) obfervedbj this his Majcflies Colonj : His fie^fxre therein not having been heforenow figmftcduxto w, tit her h] exfnfs from kit ■^"rh-.or a^jofhis 'Aiiniflcrsof fiate. " / His M^jeft/t h is therefore hereby Ordered , and by the Authority of this Court Ena- /?^/ of iV^K/- fted, that henceforth all Mafters of Ships, Ketches, or i)ther VclTcis cf ^anon and leffcror greater burden •, arriving in, or foiling from any of the Ports of Trade to be this Jurisdiftion, do without covm or fraud, yield faithfuU and conftant o^/frz/f^i »«;);- Obedience unto, and Obfervation of all the faid Afts of Navigation and naltj, 6cc, Trade, on penalty of fuffcring fuch forfeitures, lofs and damage, as in the faid Afts are particularly cxprcffed. and the Govcrnour and Council, and ail Officers commifTionated and authorized by them, arc hereby Or- dcied and required to fee to the ftrift Obfcrvation of the laid Arts. jAadition 4Mition to the La^ tit. Sabbath. 5^ Addition to the Law concerning ProfaKattoH of the SMatt A San j4Mtion to filiate La\» made in May Ufl for the prevention of profattMinn of the Sai>l>ath,andjfren^thnin£ of the hands ofTythirtg men , , appointed to infpeEl the fame. Addition tO It is Ordered thacthofe Tything men Oiall be, and are hereby appoint- '*^ ^'*^'> "'* cd ana impowred to inlpcifl publick licenfed houfes as well as private, and Sabbath. Ty unliccnfed houfes o{enterteinment,as alio ex offieio to enter any fuch hou- ^^^"1 ^"^^^ fesj&difcharge their duty according to Law, and the faid Tything men arc P"*"^*^^ impowred to A Ifift one another in their feveral precinfts, and to aft in one anothcrs precincts, with as full power as in their own, and yet to retain their fpccial charges within their own bounds. And it is Ordered that the whole Fine raifed by th*penalty of this Law upon delinquents either in publick or private houfes (liail be remitted to the County Trcafurer, and the Tythmg mens allowance made payable from him. FT ^ / 5". Oath of Allegiance* 61 SEVERAL Laws and Orders %5\^a(Ie at the [econd Sefsions of the GENERAL COURT Eeld at Boflon, Oc'lobcr z^- i6yS- And publiHied by their Order. Edward %m>[on Secr. I A. B. doe truly and fincerely acknowledge, profefs, teftifie, and declare in myConfciencc, before Godandfhe world , that our Sovereign Lord Km^Cbarlis is lawfull and riglitfuH Kin^ oftheRealni) of £/f_f/4«;cnj and according to the plain and common fcnfe and underflan- ding of the fame words, without any Equivocation or mental Evafion, cr fecret Rcfervation whatfoever. And I doe make this Recogniticri and acknowledgment hearttily, Villingly and truly upon the trucFaith of a Cbriftinn : So help me God. WH'reat it hitihpkcfecl hu nofl excellent Majeflj our Gratiotu Ktr.g, by hit Letter henriftg Date the fwenty [event h of h^:'\\, l6yS. to figtufit hi% Mojal ple^jfarifThjt the At.thorttj of thu hu Colony of MafTachufets in New-England,i^o^/ff /«?/.• Oraers th:!t the Oa:h of Allegiance as it is hy L'tiv eftebJifhid trith'ti his Kitt^iome of Enghni^lie a J-vi/iifireJ ^>tcl tA^f" h itH his Subject , tfit^inthis CoLnj^ivkoarc of years tJta\e anOath: tiie oath of * '" Obedience whercunto, and as a demonftration of our Loyalty ", /^.lle&idncc. It is Ordered and Enaiftcd by thisCourt and the Authority thereof, that as the Members of this Court now fitting h.ivc readily taken the Oath of Allegiance, fo by thtir Example and Authority they dore- »|uire.and command thr.t the fame Oath be given and taken by allhis MajeftiesSubjeas within this Jurisdiftion. that are of fixtecn years of Age and upwards. And to the end this Order be duely executed. It is hereby Ordered, that a convenient number of printed Copies of the faid Oath ofAllegiancc,exaaiy agreeing with the written Copy Indofed in his Majeftics Letter, aiid figncd by the Secretary of State, be fent forth T R E ■^ so N pim[h(d ^mth Deab, foTtn un to every Magiftrare and Juftice ol Peace, and to the Conftablc of every Town within rhis JurisdiftiQti.. And It IS farther Ordered thar thcMagldrates and Juftices, or fuch asarc CommilTiuned With Mjgiftraiical Authority in every County of thii Colony do svitti allconvinicnt fptcd repair to the fevcrai Towns and Villages witnin this J urisdifiron, ?.t fuch time, and in fuch order as they beft may, and accomphfh the fame j giving forth their warrent to the ConflabJes of each Town to convene all the Inhabitants of tf^c Age abovcfaid, and taking rheir names in writing, adminifter the faid Oath of Atiegrance ro each of them, and rctnrn their Names to -lie Recorder of each Cuunry Coart ro ne enrolled. And ifanyfball refufero take thefaid Oath, orabfenc thcmfelvcsuntefs in cafe of ficknefs, the Names of fjcii fhall be returned to the Recorder of the County, who are to be proceeded agamft by the County Courts rcfpeftivcly, forthe 5rft OlTence whereof he is legally convicted, to pay fuch a Fine as the County Court (hdll impoic,noc exceeding five pouncis, or three Moncths Impn- fouinent m the common pnlbn or houfe of Ccrrcftion : And for the fe- cond offence wliercof he (haJl be lawfully convifted, what fumme the County Court fOiall inflidt, provided.it exceed not ten pounds, or Cix Mcnccbs Impiifonoient without Baile, or Main-prife. 7* teinrtheDHtfas Vcell as thf PnB icetf all good SuhySts tn pri- vUeJorthi faftrj and fecnrity ef the Perfon^ Crotftt and Di^miy of their SDViratgrt Pnnoes^ *'^i^ Court i^cingfenjibh of their dftty and obligation to our Sovereign Lord the Kinv^ Do hereby Order and Ena^, that whatfoever Perfon within this 7jrisdtQion niall compafs, imagine or intend the death or deftruftion of our Sovereign Lord the King (whom Almighty God prefervt with a long and profperous Reign) or to deprive ordcpofc him from the trcafoa pn- Soie, Honour or kingly Name of the Imperial Crown ofEngland, oryf n.lhed with any other his Majeftycs Dominions-, and fuch compafRngs, imaginations Death. Dcviccsor intentions fhall exprcfj utter or declare,by Printing.Preach- ing ormalitious &advifcd fpeaking.bcmg legally convicfted thereof up- on thcOathesoftwo lawful! and credible WitneffcSjUpon Trial orothtr- wife convidted by due courfc of law, then every fuch perfon or perfons fo offending (hall be declared and adjudged to be Traitors, and fnall fuffer the pains of Death. J ^^ '^ Oidered by this Court and the Authority thereof, that in all precedencv' nye 'T'''"' "^'^^'"^'^'^ J"'''s where there fhall be more Compa- of "ojinpa- th p *"""' ^^^ pJ'cccdency of fuch Companycj (hall be according to nyes c ^uouzs of the Capc^i^i Cummiliion. To^vi G 3 foe m ns 6 '^ darks DirsEiim^ Export^hnaf Provifon: Dircn'm for Chrk^ of the WfittSi FO R the afcertaining the powes.' of the Clarko of the Writts, It h Ordorea ibat all UerKb 01 the WnUofhaHBgn Warrants only in WntKDjic. '■'''^ Io\'v5» anci places where tney arc chofcn and refide. tUn. 2,. liJAt ail Wntts fo figoed ihall pals in all Courts of Judicature thioughoiit Jhe Colony they- iigniiig, A'B'por Cffritim,for (he torvn «/ C Tlie law for *Tr '^'^'^^^ ^C\r\g a Lav9 ittade in Oflch. \ 675. ptobibiting the expor- cxjioi taticn A ting of sl] '.orts of provjfion ^ which faid Law was to ftand in force ofpiovifion only during she Coiutapleafujc, which this Court havjng confidercd rcpealccL ^^ j^,, g^^j icafon' judge meet hereby to repeal the faid Law. F I Jsf I S, Q05 Retailing ftrong drink at Trafnbgs prohibited; 65 SEVERAL Laws and Orders Aiade atthe firfi Sejpeas cfihe GENERAL COURT Held at Boj}on^ Mtij i%. 1679, and pv)b;ifhed by their Order. EdvBard %i)vJon .Secrecary. W Ha Cos then is anahufive and evil pmflke taken up in /i- vcral placet ffthit Colory^opoft Training drvf-.s^cri put lick, or frivatfy Or ether pHblick^Cr i^m. asthisLawdircOi. p n f'S Training Dsycs. SizeofBricks &c. I Four daves T is Ordered by this Courr (for the cafcmenr of the Country) that rbc ordinary Trainings of Foot and Horfc be reduced to four dnycs in the ycar,any Law, Cuf^omc, or Ufar^c to the contr sry notwithftanding ,• unlets Four caves the Commifiion Officers of each Company, in every Town rdfciflivcly, f]nall ■unlefs £;c " ^^^ caufe to draw forth and excrcifc their Cornpanics(affer the four 1 raining dayes enjoyned be expired) one or two c'aycs more, which they are allowed and impowred to doc. IT is Ordered by this Court and the Anthoriry thereof, that clay to make Bricks (hall be digged before the firft of /VoTfw^^r, and turned over in a-k^ ou pc- ^eMoneth o\ February zxv^ AlAxch cnfujng .^ moneth before it be wrought^ Qslfj, and that no Perfon temper their BricJis with fait or brackifh water.; and that the fize of Bricks be nine inches long, two and a quarter inches thick, and four and an half inches broad-, and that all moulds ufed for making of Bricks be made according to thefe fizes, and well fliod nith iron : And what perfon or perfons foever, fhall make Bricks in any rcfpeft contrary to this Order, in thefeveral particulars of it, fhall forfeit the one halfoffuch Bricks to the ufc of the Treafury of the Town where they are mads. "Penalty for A S en aiiiUoi* to xkc farmer La'^Ht.Ji'filitArj, It is Ordered by this Foot-fouldiers -ZA. Court and the Authority thereof, that every FootSouIdier that is a abfence from Delinquent on a Training Day, (hall pay for each dayes delinquency five (hil- Trainings. \m^ in money, or ten fhillings per Day in good merchantable commodities, orGrain a;, the Country Rates or? paid,to be levied by ?heClarkofcachCom- pany as the Lawdircfts. IT isOrdered by thisCourt&theAutbority thcrcof,thaf all fiflicrmen that are fhipt upon a winter & fpring voyage. (hall duely attend the fame, ac- , — cordingtocuftomeor agreement, with refpeft to time. And allFifhermcn ,ng i ra e. that arc (hipt upon a Fifhing Voyage for the whole Summer ,fhall not prefume to break o.Tfrom their Voyage, before the laftof OSo^fjWitliout the confent of the Owner, Matter, and Shear men, upon the penaJty of paying all Da- TTiages. VTo« Complaht of/undry Inconvenitftccs and Prejudice ariftn^ h] the Lavt entitled Debts by Book, if put in execution : Vi-hich Law hath upon /undry petition J from time to time been fifpendcd. & now amn hj donger (xmrknce found Law about ', j.-./ Book debts to be very detrimental, repealed. This Court onferious confidention hereof, and what elfe is prefented, fees caufe to repeal the famej and by the authority hereof it is hereby repeal- ed to all intents and purpofes. W Hither if a Town fee good to implead any Perfon in a courfe of Law, and make their Vote to that end, and chufe their Atturney, it be ^^oeition re- not fufficient Legal Atturneylhip, and to be allowed in Court, the fol\ 'd as to faid Attutncy brinping r. Record of the faid Order or choice, figncd by the Letters of At- ^^^^ of the Rtcordu of the Town, though there be no Seal asm other Let- toniey from a ^^^^ ^^ ,'Vtturnc" ? This Quefticn was refol ved by the Court on the atfir- tnativc. "'^^''^ Mc«infi.hojfesnotto.beeTc5edvvi»bout C/inrent ot Autnonty. ^ Order for lifting Troopers. WHmas Complaints are made ts this Court that fcver^l f«ot Campanjet aredifcotiragtdandweal^ed, kjfre^jue^t UPingthnr befi Sculdttrstnto Trocps (Hehtrcby tht Jnfanirj related tht chie( firtni^th of the MflUn xn any CoJirj ) arc lih to ye VtrjfcM, a^dth,, error ar,(rs (rem the mtlca^firuingoj ^. Law direainrtletlfilng ofTrmpcrs,whichfairby ihairo perfonfhall ^,/f- unUfi.he .ayfcrortchundrdpound.elintc in a fngk Country rat., and bt other ^ap swell 'afieed Bnt the praaijr u: different from the laff(.asu conceived,) for Con- Qdles givini Certificate tha: J»ch a perform papain »- It is Ordered and Ena&cd by thi^ Court, aWd the Authority thereof. That S-d^'^or no deterred Town, or ne-^v Plantation (Tiall be inhabited, until the people firft New'Viaata- nvikfc application umo the O O V E R N O U R and C O U N C I L.or to the botu. F - Cuumy 8 An abatement of the frfipofttnRhum. County Courts, within whofc Jiirisdiftion fucb Pliintation is. And the Coua- cil or County Court areliCTtby Ordered and Impowred to appoint an able & difcrrct Committee Cat the chapge of the people intending to plant] which Commitfec arc Ordered ?Tid Impowred to view and confidcr the place.or pla- ces to be fetledj and give dircftions and orders in writing, under llieir hsnds, in what form and manner f\lch town fhali be fctled and crefted where- in they sirtrequired to havC a principal refpcft to ncarncfs and ccnveniency of habitation tor feairity agafhft Enemyes, and more comfort for Chriftian, Communionand enjoyment cf Gods worihipj and education of Children ia Schools and Civility, with other good ends. And all fuch planters arc hereby Injoynod to attend and put In prafticc fuch •orders and dircftions as (hall be given by fuch Comniittee upoh the penalty ofonc hundred pounds Fine to the Country,to be infli^ed upon them by order of the Counciljor County Courts for their negleft or rt-fuftl to attend this order. los.per hogf- "WX'r Ordered thst from hencelorth an abatencntof the Import upon Rhum headabated ^ | be made often (hillings pir Hogshead, and that two pence he added by Kb^nir^ ° '^^ ^^^ "P^" *" ftrong li<^uor that is rctayled by Icfs quantities thciv ren Galloasat oiic tim?. F I S'i I s. Sdhtitb. Niv BmUtngSi 60 SEVERAL Laws and Orders Mddcatthcfccond SclHonsofthe GENERAL COURT Holdcnat BOSTON Ortob. 15. 1679. and Printed by their Order, EDWARD RAfySON Seer. FOr the prevention of the profanation of the Sabbath, and dlfordenon Sd' turdaj night bj Horfa tnd Carts fjjpng late out of the To'ien of Bo' U is Ordered and Enafted by thisCoart •, That there be a Ward Order to pre- from Sunfet onSatifrday night, until nine of the Clock, or after, ;^^^j^^°'^"'' conlifting of one of the Selcft men. or Conftablc of Bofton, with two or more &' meet pcrlons. who (hall walk between the Fortification and the Towns end, and upon no pretence whatfocverfuffer any Cart to pafs out of the Town after Sun fet nor any Footman, or Horfcman without fuch good account of the ncccffity ot hisbufmcls, as may be to their fatisfaftion •, And all perfons attempting to ride or drive out of 1 own after fun fet viilhout fuch rcafonablefttisfaftion given.fiialL be apprehended and brought before Authority, to be proceeded againft as Sab- bath breakers, and all other Towns arc iropowred to do the like as need fliall be. THis Cenrt having a fenfe of the great Ruines in Boflcn hj Fire, and bazerd fiill of the fume b) reafon of the jojnmg and tuarntfs tt{ their huildingt /or pre: ^eniinnof damage and lofsthertbj for future. . j- • „ Do therefore Order and Enaa-, That henceforth no dwcDing houfcin Bo- flon Oiail be crefted and fee up. except of ftonecr brick, and covered vvith Slate or Tylc, on penalty of forfieting double the value of fuch buildings, unlefs by allowance and liberty obteined othervvifc from the Magiftrates, Comrnifii- oneriandSc!camcnof^o/?(>» or major part of them-. And further the Sele£t men of Bofton arc ficrcby Impowrcd ro hear iind dctcrmme all Concroverfics a- bout proprietycs, and rights of any pcrfon to build on the Land wtiereia now lately the houfmg hath bcc.i burnt down, allowing liberty of Appeal fcr any per- Ion gricped to the County Court. ^ Q. It New Buil- diagsin5 Math eglin, Rhum, Brandy, &c. and prefent an Account thereof With riie names of the perfons fi-om whom tbey took it to the next Magiftrate, or CoromiflTioner ofthe Town where any be that are inverted with Magiftratical powejr, Who may, and are hereby impowred to proceed againft iaid delinquent paityes, and difpofe of faid wines, ftrong Bcerj^c. as to them Ihail fccm meet; andifforvajueoiorethen ten pounds, they are then to bind faid partyes over to the County Court, tp be there proceeded againft as the Law dircfts. Inall which Cafes full recompence thai! be made to the Tything men, and other Offi- cers for all their care< trouble & expences in fearching and fecuriug faid goods, and the remainder ofthe Goods leized. or value thereof, where the Magiftraie, County Court, or Commiffioners Court, that have orderly Cognizance thereof, lha(l not fee reafon to return the fame to the partyes from whom it was tiken, the foms fhall be put into the County Trejfury. Alfo the Tythingmen are required diligently to infpeft the mannef of all diforderiy pcrfons, and where by more private admonitions they will not be re- claimed, they are from time to time to prefent thcirnames to the next Magi- ftr?.te, or Commiilioner invefted with Magiftratical power, who (hall proceed againft them as the Law djrefts, as aifo they are in like manner to prefent the names ofallfingleperfons that live from^uhder Family Government, ftubborn and diforderiy Children and Servants, night-walkers, Typlers, SabSath break- ers, by night or by day, and iuchasabicntthcrafeives froraths publick Wor- fhip of God on the Lords dayesj or whatever elfe courie cr ^jraccicc of any pcr- fon or perfons whatfoever tending to debauchery, Irr,'iigIon, prophanefs, and Atheifm amongft us, whether by omiflion of Family Government, nurture j and religious dutyes, and inftniftion of Children and Servants, or idlcjproi'^igate, uncivil or rude praftices of any fort, the names of all which pericns with the faft whereof tkey araaccufed, and witncffcs thereof, they fhall prefent to the next Magiftrate, or G/niniffioaer, where any are in the faid Town Inverted withM.igiftraticai power who shall proceed againft and pun;ih all fuch mifde- meanours by Fine, imprifonmeat, or binding over to the County Court as the Law directti. \f\THcrf'H jou A B. are chofin a T}thin£-man within iht Town of X). V V for one jeary until others be chofen and fy)nrM in pur resm nndftia^»K«i>r; if he maintain the Drum.which fliall be delivered to him in good repair.- all perfons chofenDrummers agrieved,havc liberty to make their Goinplaint to the County Court for Relief. \'T\T^^^^^- when a Cafe is committed to a Jury, they ought not to bring V V in their Verdift upon the merit of the Cafe v\ithour evading the Ifi -t! V.1 wiit^i a 'Oct!«i !9 toUilllui.tu lurt jui y . i"cj '-"■'ft' „ in their Verdift upon the merit of the Cafe v\ithour evading the Ifi lueuponanyCircumftanceinwayofBarr, or Nonfuit pleaded, ifitbei lowed by the Judges of the Court at the time. This Queiiion is refolved i AflFirmpfivf^. Oi'der about Weights and Meafures. Affirmative. AS an Addition to the Law Title Weights and Meafures, This Court doth Ordei', that the Country Treaiurei do provide upon the Country charges thefe further brafs weights following, one feven pound weight,one four- tecR pouiid, one iwenty eight pound, and one fifty fix pound, which fhall be af- ter fixcetn Ouncis to the pound, with fit Scales and Steel beam to weigh and try withai. AiidcheConftablcof every Town within this Jurisdidion, where fuch weighi,? are frequently ufed, fhall within fix moneths after publication here- of, provide i?t)on the Town charge all fuch weights, at lead of Lead, to be try- cd and fized by the Gountryes ftandards, and fcaled, kept, and ufed in the feve- xal Towns as Standards-, and improved by tbe Selcft raen and Conftablcs as the Law direas for imaller Wtigh ts. 1 N I S. S'ZS 74 Order for Ele&ors. SEVERAL Laws and Orders MADE AT A GENERAL COURT Hdi at Bofton, February the ^tk \(P^^ EDWARD Ji Aty^ON Secretary. Order for No- mination and Eledion ofGo- vemour.Alli- ftants, & pub- Iick Officers. IT is Ordered by tbis Court and tbe Authority tbereof, that for the furure there (hall be annually chofen according to our Charter, eigh- teen A fliftants, befidesthe Governour and Deputy- Govcmour, u manner following, \ii. The Conftables ol each Town Oiai) giw time- ly notice to, and warn their Freemen to meet upon thefecond Tucfday in /^pr«7 next, who being fo met, fhaMputin their Votes for Governour, Deputy Governour, and twenty AflTiftants, with Major General, Secretary Treafurcr an3 Coramiffioners of fhc united Colonyes, all in djftinA papetg fairly written, the whole nnrober of twenty for AfTifl^-nts being to be put into one Lift, cut almoftalundcr betwixt each name, which Votes flialJ he received by the Deputyes chofen for the next General Court, or fojiie other meet Pcrfon chofen by the Freemen where no Deputy is. and fcaled up in the prefenrc of the Freemen- and the Deputyes, or other perfons cholen for that end, are to brmg the (aid Votes to Bofton fo fealcd up, to the Courthoufebyoneoftheclotic, on theMunrlay before the Elcflion day, onthe penalty often pounds for every Peribn that doth negledt fo ap- pearing-, where in the prefence of iihc Governour, Deputy Governour and Alliftants, or fo many of them as ihail be then prefent. the Proiyes fball be opened and fortedfbrihwith bv tho Perfons foaiTlmbledi and fo kept d}. ftmdt, fealed up and numberedj with the name of the P-'fiy on the backfidg, Withthenunoberof Votes indof^d till Vv/cdncfday, when all the Frcemert that have not Voted by Proxy are required to ippear at the Court Houfr in Bofton aforelaid, bv feven of the clock in the morning, to bring io their TyrhingMen, Captains Comnnsflion. 75- Officers that are then to be chofen accordingto Charter, m Papers a- iforefaid : all which Vores are to be forced and numbred with the f ro^yes: And the Governour and Deputy Governour being chcfen and proclaimed, the eighteen that have moft Votes, sre to be prociaimed Aififtants tor the Year eafuing, and other general Officers to be chofen as fornaer/y. hi fo ir 15 Ortlered, that every Perfon admitted to be prefent asaoove, at the opening and rumbring of the Votes, (hall before they enter upon the faid worK, or be admitted to be prefent thereat, take their Oatlies to deal truly in the truft committed to them as abovefaid ; this Law or Order to Hand for this year only, as to the manner of Choice^ X r T rHereas you A B.C. are appointed and betrufted for theopening V V the Proxies fcnt in by the Freemen, and receiving forting and Tiumbring the Voter, for the choice of Governour, Deputy Governour, Af- ^^^^ tob^a* fiftants, and other publick Officers of this Jurisdiftion, to be chofen on the miniffred to Eleftion day; You do now fwear by the Name of Almighty God that you thofe that fcr will deal truly and uprightly therein asalfotbatyou will not either direft and number ]y or indireftly difcover either theperfonsornumber of Votes until the the Votes. £ie£tion be ended, £0 help you God. The Gtvirnotif and Company of the Maflachuiets Bay in New-Eng'and. To A> B, Caftan. T7T7Hereasyouare appointed Captain of a Foot-Company for the FormofMili- V V Service of his Ma jefty in theTown of B. in the County of E in c^Son" the Colony of the Afaff'nehufets Say Thefe arein his Majefties Name toAu- mumu ,„«- thorize & require you to take into your care& conduft the faid Company, undu & diligently to intend that fervice by leadii^g and exercifing your inferior Officers and Souldiers in peace and war, commanding them to obey you as their Captain, and you to obfervc and obey all fuch Orders and direftions as from time to time you (hall receive from your Major, or other Superios Officer, In Teflimony whereof, Grc. IT is Ordered by this Court that every perfon legally chofen in any Town within this Jurisdiaion to fcrveinthc Office of a Tything man according to Law, and do refufe to take his Oath (hall pay as a Fine to the Addition to Town forty Shillings^ and another to be chofen in his room for that year, theLsw ofTy- A fi ^^ ^^^^ ^'"^ *" ^''^'^ '^^ ^^^^ coarfe is to be obferved in all Towns, '"^"'g-men. And lurcher. It is Ordered, that the Conftable of each Town from time to time (hall Affift the Tything-men in the Execution of their Office, being thereunto defired by the faid Tything men or any two of them. Finis. QVO a-F-z CommlJ7lo»s» SuiUlng!, SEVERAL Laws and Orders f^Made at ihefirfi Seffions of the GENERAL COURT ELECTIONS HeU atEo&on, May ip/i,i68o. i)nd publifhed b\/ their Orderj Edward Rawfon Seer*. As OnExplancitonoftheCTucr GfthssCcLTt nrJe in February le!f, refpeaing tke FormofAfi/itary Officer j CcmmJJJonf^ T>i5 Com doth decbrc,tb£t that Onkr intends, not only .,.ury yr.,„, ^^^ Commiilions following, but alfo preccci jng the fame. And Commij/lons,^ it is hcfcby Ordered, Tha: thcSccretary doe ifiTjcout, when Tmeimey,S!.c. thev (K'H be demanded, rew Comrai/ltons to all former Officers in the faid Form. i^"d that the precedency of Captains goe and be according to their former Scttltmcnt. IN anfwer to the Petition offcvcral of the Inhabitants of Boflon, tfic Court confidcring the prcfcnt inabihry ofmany Perfons that have fuf fcrcd great lofs by the Jatc Fire, to rebuild with Brick or Stonc,Jiido- .vwr.^»>; Bolton T- ^^" " "'•^^^ ^« ^"fpcnd thc executing and profccuting the Jate Uw )ufi"iiti for '^' ^'^ Buildw^i if, 3t)fton to hi Brick, or Snr.c^ «or the fpacc of three tbroe^irs. Vcrrs only, when it is to be in force, and all Peifons arc required then carefully to attsodth" fume. 7/ IT is Ordered by this Court ard the Authority thereof, Th.^t hence- forth the new Mcafures that are now come over from England by Mr. Fo/ fball be the Standard for this Colony of the Mafiiachufets, A-hich laid Mo StMicf^or furesarcofBcU -roettat, the half bufhel and tht Peck for rocafuringcf ^^•^«^^« Corn, and other Gnin, and Saft &f . And ilfo one Quart, aa man.and tbeabatemencofthcir FIcadand Horfe, which lionly to rrw^rj Tri- be undcrftood as to one fmgic Country Rate) fbjH pay for their Heads and Horfcs ^'"'&^ ""^S/i to ail publick AfTeffhients as others does Any Law, Cuflomc or llfa^c to the con- * tr.iry notwuhftanding : Provided, that fuch a. lifted themfclvcs upon the account of that Priviledge hereby abated astotheir head and horfe only, (ball have free liberty to dilpofc of their horfcs, and lift in the Foot-Company ag.^.in. ^ Ifr Ncminatian cfMapffront. I • T is Otdered by this Court and the Authority thereof, That there Oi^jH be an- . nnallychofen according to our Chnrter eighteen A Ifi ft 3 tits be fides thifGover- nonr and Deputy Governour. in manner following, The Conftables of each Tovth fhallgivctinicjynoticeunto, and warn their Freemen to meet upon the fecond Tuefday in March yc?J"ly, who Oiall then put in their Voics in diftinO Papers for foch Perlons being Freemen, and refjdcnr in this Jurisdidion, whom they defirc toHavechofen for Magiftratesor Afliftantsat the next Court of EleOion, not CKceeding the number of twenty, & all in one Lyft clearly c]iftinj;uifhed .• &ro Freeman flwll put in above oneVotc for one perfon under the penalty oJ'ien pounds for every oflencs. And the faid Freemen fo met, or the major parr of them, fhall then and there appoint One to carry their Votes fealed up unto their Shire- Town Km'mtton Of ypon jf^g \^^ Wcdnefday in March, at twelve of the clock, which Perfons for each '^■^f-'"' Ctf^"** Townfoa/Temblcd fhallappoint two of themfelves as CommifTioners for each, gij^Ms, c 5f,i;.5;^fjr^^y^;y^Qi;,lygxceptcd, to carry them unto ^o/5« the fecond Tucfday in >^f)r»/ at nine ofthc clock in the morning, there to be opened and pcrufed in the prefenccof the Govcrnour or Deputy Governour, orfo many Magiftrstes as pleafc to attend it , otherwife by thofe Perfons that brought them, at the Town- houfein Boficn, orfuch other place as the Commiffioncrs for J »-j^o/<^ fba II ap- point. And all Lifts that exceed twenty, or have one mans name more then once fball be thrown away, and thote twenty fre who have moft Votes fhall be the mca (and they only) which fhall be put to Vote at the Court of I:le(aion for Mag:'- ftrates or Afliftants asaforefaid; and the faid Commiflioners of each Shire fliall forthwith fignifiet(/ the Conftables of tbefcveral Towns within their County, in •writing under their hands, the names of thofe twenty fix perfons aforefaid. vviih thenumberof Votes for each, which the Conftable of each town fhail fignifie to their Freemen, and as riny have more Votes then others, fo fhall they be nomin;/.- ted for Eleftionje-^ceptfuch who were Magifirates heretofore, who fhail have precedency ofall others in Nomination onrhcEleflion day. It is further Ordered, That the Conftables of each Town (hall call together their Freemen on the vyednefday next before the Eleftion day, from year to year, vhen and where fuch as pleafe may pur in their Proxies for Elcftion, vjz. oi Go- vcrnour, Deputy Governour, and all other publick Officers in diftina Papers as formerly, and for tv^cnty AfTiftiants to bechofen out oftherwenty fix perfons in >^omination, by Indian Corn, which Proxies fhail be fealed up with the name of the Perfon wriLtcD on the paper, and delivered lo the Deputy of the faid Town, or fbme other meet Perfon chofen by the Freemen, who fhal! bring the fame to £ol}on on the Eleftion day, when and where all the Freemen who have not voted by Proxy are required to appear at the Court houfe by eight of the clockjn the morning, to bring in their Votes asaforefaid^ where the Votes of theGovernoijr and Deputy Governour are firft to be opened and forced, and the chofen pro- cb.imed,& then the Votes for the twenty fix perfons chofen by Corn to be opened and counted, and thofe eighteen who have mofl Votes are to be proclaimed Afij- ftantsfor the ye;'.f enruing, and all other general Officers to be chofen as for- merly. Moreover, all the Votes that arc brought in for Nomination and Ele<^iot\ fhail be brot;ght in by the perfon voting, or fcnt in by the Deputy or the Confta- Jjleofthe Town where fuch perfon dwelleth, or othcrwifc lofe their Vote* : And if any perfon betrulkd in this Order fhail fail in difcharge of his truft, he ftall forfeit ten pounds. It is further Ordered, That the Ccmmiflioncrs of each County before they opentheir Votes, and fo all that arc r^dmittcd to receive in fort, and count the Votes on the da^ of Election, fhail be under Oath as the lafl year. This Cattle Rat oA. Carers. Chrkj of the Writts. 79 THii Court (ftiKg/fnfiiiiefthat Perfor.sx'vho bdotig to other Colonies or Plant Atltas doe by their bnnitng tnto this CoUnj^ or {eUtng to the Inhabitants thereof their Neat Catile^ Sheep Horfes and S'if'.nc^thcrehj fillinf «p our Muriate, and ittc/tpa- cittitmf cur ovn Inhabiiants to felt v hat they breed and raife and ftaj Duties for^ Xeherilij math of our jKonej is exported contrary to our Law, and no allowanc: h tnadeto this Colon] for fnch Catttl^Horfet, Shecpy&C.for frevintitn whereof far ihefuture, )ci5 Ordered by this Court and the Authority thereof, that henceforth for all Neat cactel, Hories, Sheep and Swine, whiph fhall be brought into this Colony by any Inhabitant of the other Colonics, or by any of this Colony going forth and buying any or all ofthefaid kinds abore mentioned, the faid Pcrlbns fhall pay by - . _ ^ way of Rate in money to the Treafurer of this Colony for the time being, or his Order, ihefe following Rates, v.tj. for all forts of Neat Cattel,Two Shillings and fix pence /"fr Head i for Swine of all forts, One Shilling Pfr Head; for all Sheep or Lambs, Six pence /"fr Head, and for atl Horfe kind, two Shillings fix pence PfrHead. And for the true and well efie(fHng thereof. It is Ordered by the Authority aforefaid. That all focts of Pcrfons whether Vendor or Buyer q[ any or all the kinds above exprefred,fhall,& arc hereby obliged to make entry of ail or any or the laid kinds at the firft Town of this Colony through which they fhall or may pafs,on the pcnaltyes hereafter expreflcd, vIk. for all forts of Neat Cattel noc fo entered, forty Shillings /'fr Head; Horfes twenty Shillings P/on Secretary. I M^RCH 16, i<5So. r is Ordered by this Court and the Authority thereof; That the Iste La\v Tif/fl Troopers, madeat the GENERAL COURl at their Sdfllons, iith- OSlob, WA7 (hall and is hereby Rcpe^ed. MAY. ir. 1681. tt^ npHis Court taking into their confideration the Law iUta Cattle ratea in OSt ■ ^iT !aft, fee caufe to Repeal the fame ; And it is hereby Repealed to all Rates on Or- Jatcntsand Purpofcs fo far as it relates to fuch as are Jn Confederation with us. ' dc Repeated U ^efi. S8 Ccnfi^obtit, Clerks. Bal-ers. ffheat, fti^^emevts. Eyerai'icr.n. Cer ft ablet AnaCkrkt^ hoVfteCo^cH T^aUt. r- ^ r^ . ^^^' \T\ r^^f'^r Conftabics in Towns, and Clerks of the Trained Bancf^.anrf t?r qS Y V fuch hke Officers as may be appointed co Coll.d R .tes. tf /n"^ astoConlUM. 3'''="°^*o^'<^^f«2"^^''''antsfrom!swrul Authority, for Levying of fuch Fines and Clerks to ^^ Rates, if not coraraitted to any former Ofilcer, although due before fuch Confta collea Races. b!e^ Clerk, or other Officer were fworn: The Court relolvcs this Qucllion en the Atnrniaiiv^ Zo/if-Breai B albert. OCTOBER, nth. ifiSi. TN Anfwer to the Complaint of the Loaf-Brtad Bakers. It is Ordered by thi'i X Court- that the Freemen of the Town of ^s^aa, and fuch other Towns ssfhaU have any confiderable ufc of the Bakers Tirade i (hitll Annually, or othei wife as they Ihall judge beft, make choice of three orinoremt.v:Perforis in their own 7own,to inquire into the middle price of Wheat, how it is fold by quantities, and they or the Order resm ?'^'*'rP3'''^of theminfuch 7-ow«/ a^reeir-c thereon, fliaU publifh to ail tbc Loaf. bring Loaf- ^^^t^ ^.^'^*^"' ^** ^^^^^ of the Market in rhe 7own, once every Monethor as ofrcn Bread Bakers. ^s'«n«7'eecaufc,the middle price of VVhcat : At which price the faid Bakers fhall and price of ^'^^ ^*!'^'^ ^-^^^^ ^0"^ the following Moneth, or until a new price be declared .-and Wheat. "^'^ ^"^ ^"^ Clerks of the Market do meet v?ith crufty and ftafe Bread they ftiall not take It away, as forfeited, ejcept it want one fixtcemh pare of the - Courtsrefolve «S«^^.X /"T rHither a Judge-nent granted by a County Court held by Adjourn- v-ouiuMciuivc V V mcnt where a ftated Court hath intervened in the fame County, RionaboS^'^' ^^°"S^ not in the fame rgwn, be Legal : 7he Court refolves this Queliion on the Jud^enient. Negative, VVI Wen an Obligation is put in Suit wherein perfons ftand bound joyntly and feverally, and Judgement comes thereupon.- all being named m the Pro- cefs; though bat one Attaciied : whither fudgement ought not, according tc the form of the Procefle to be entrcd againft all and either : The Court Refolves thisQueftion on the Negative .- for that Eaecuti on ought not to go agaiiift any Perfon not Summoned to Anfwer. ;^hen Judgement is granted againft a Perfon, and he dicth before Ei^ccutfontc taken Hoiv ETCca °"^'- ^'^''^^^'" tbat Judgement do not ftard in force againft his Heirs,Exccucors, or Ad- tionisto iffae ™"''^''3tors & whofoeverof them isarfwerablein Law. and Execution to be granted out on a dead ^gainfl: fuch Executors or Adminiftrators, &c. The Court refolves this Qucflion on TnansEfldte. the Affirmative, and to prevent inconconveniince or wrong to fuch eftates, the per- fon againft whom the E^cecution comes (hall have liberty to review the fame. It Indians, Navi^Ation and Tradr. S? iTis Orilcred by tMs Court and the Aurhority tbtreof ; that all Indicts that be- J longto this Jurifdiftion except Apprenciccsor Covenant-Servants for years, are to live among, & under Government of the Indian Rulers ol Natick,yPunkt.j>ai>g or iVA- w,/?/,v*hich are places allowed by this Court,and appropriated for the Indians to livt ^^^ ^ p.^ in-where there is Land fufficient to improve formany pacniHes more ihanareofthenL-^y,jp^-.;,5 rtfidif any fliallrefufc to comply with this Order, It is referred to the Selcd men of ' every Town, by Warrant under their hand, to fend fuch Wi.w or luaians to the Houfc of Corrcflioa or Prifon, until he or they engage to comply wiih this Order. February IjT. \6Zu FOR THE SATISFACTION OP HIS MAJESTY And the better Regulating cf the N a y iG A r 10 N and 1 RAD B of ihis 1V RISD ICT ION. And in Porfoance of a Lavj raade OElohr the tenth One thciiand fix handred fc venty Tcven, Referring thereunto- NAVAL OFFICE. ITisOrdtreAand EnaaedbythijCourtaniJthe /f?uthorit/ thereof, thatchc Alk of Parliament made n the twelfth year of His Majcfius Reign, Entituhdsn Ad. tor encouraging and encrca^mg of Shipping and Navigation > and the /^ft made iit riiefivetecnthyear ofHis Aioiefties Keign.'EntituUd in y/ft forthc encouragement of Trade, be forthwith Publimcd in the Market PJJce in Bofton, by beat of Drum ; .«:?nd that all Claufcs in faid a(i Relating to this Plantation be ftrlQIv taken notice oii and obfervcd, as faid A&i Require. It is further Ordered by the /Authority aforefaid, that a Naval Office be forthwrith. Ircftcd,and fettled in the Town of BoHorsyiot the Entring of Ships ind other Vtf- icls, Oucward an Invvard Bound, for thctakingof Bonds, receiving and granting p^aval Ofee Certificates for their Clcarmg.accordinc as in ftid Afts is diredcd : And all Com Ereaed m so, raandcrsand Maflersof Ships and other Veflelsarercquired to take notice hereof,y?'»'forEatrin^ and to make the r Entries, to give Bonds and receive and produce CertificJtcs in faid Bonds receiv- Office as they arc rcfpeftivciyCoacccncc!,ODCheptmlties in tbe aforefaid AGs of|"KSl4 Parliament exprcft. ^^^-cxwaulw,l. Proridad ■50 Naval OfficenOtnh. Provided, fuch Ve/Tels as pafstoand fro within cur Harbours, or Rivers, /hall not be Obliged to £ntcr, and give Bond asabovefaid ; norfuch Vefielsaspafs/rom Port to -port on the Main Sea, cntheCoa.^of ^ev-Er.ghvd-, Unlefs they taAem for their own Storts, and Trade in fome of Hb Mfijejiie: Colonies in Km-£"«- gland more then one Tun of each of the Commodities enumerated is faidAfts, /^nd for the due E;c'-c:iticn c( /aid Office'. :famis li^ijjd his Or ierei, That f.imej Jlfjpl F.ftj>-' "who was choftfi by diis Court, frfw/rr; i/^ GrRcerin tlic elf vcnth one thoufand fu hundred and eighty be the Ofloctr.who (bill tave Com- Sujion, mifllon under the hand of the Gcvernour, or Secretary, and Seal of the CoIony,and be 5vvorn byfaid GovcrnouT to the faithful Difchargc of the fame ; which Oflficcrfo Aurhpri/ed, ftiall keep fair Books of all fntries, Ceriificstes and Bonds, which fhall aUvayes beliableto the vicv» of any Officer, or other Pcrfon that may inform of the breach of faidy^fls; or other Lawsinpurfuancc thcicof, cr referricgto the Trade of this Jurifdiftion. Bets). Cerrljh "^"'^ for the greater cafc of the Tor^n of S/ilew c.ni adjacent Forts, B(njavi'm Nui/ai Officer ^tr*ifl) is appointed the Officer in the Town of Saltm ; who fhali inlilvc raannerbc ciS^tm. Sworn, and fiiaii m:ike £ntrics, take Bonds, and receive ^nd grant Certificate!, as the faid Officer in BoJIoh, is obliged to do; & fViall zH'ocvce in fix Moneths Return fair Copies of all Bonds by him ta ken, unto faid Officer in Buy? ok ^ who fhal! in like man- ner from time to time, once in fix Moneths deliver fair Copies of all Bonds to the Qertt'of'* Govcrnour: andfhail reteivc for his Service Tefcxrrng to the Premifes futhFees Ci'QdtyCo. asbyLawarc allowed toKecordeis and derkspf Cownty Courts. Ar.dfor the Govcrjiours Signing a Certificate for thtiit-C'earing theFeefliaUbe, t3?0 Jh'lSivgi. si'i;iimg a It is further Ordered by the Authority aforefaidt tliatif any Pcrfon fhall defire teniiicatei and obtein a Special Court for the Trial of ^ny Cafe rtfetripp to ihc Prcmlfts, he ihall give in ufual Caution to refpond all Cofls, before Warrants be ifTued forth, toa/Tcmble faid Court and Jury ; andif any perfon be daronified by falfc Jnfor- jnation, wrongful Searching, or fcizing any Goods. Ship, or other Veflel, he roay. Recover the fame by an y^Oion of the Cafe, in any Court or Courts of Judicaiui-c, according to the ufual courfe ol Law- jindfor the Encour figment nf his Majefiics Officer or Officer:, and all Jnforraer: -t ft is'hercbyDcclared, That faid Officer or Officers 6nd Jnfcrtnerj, fhal! from lime to time be aided and afTiRcd by all Iviarft-ials.Ccnftablesand other Ofiicers,by 'Warrant from the Govcrnour, Deputy Governour, or any MagiftratC; in the pro- feoution of the breaches of faid /^ft$ of Trade and Navigation. N-vilfiffrp' \7\T f^t^i''^'y'>ti 3. R. an Chafer "^aval Officer fey lk fevera! forts cf the- Oath ^ ^ V Miffichukts Colony^ and I'avc received a Covimijficnjrcm the Govcrnour /end Compaityvf faid Colony for the E caution oi that Offtce, You do Sweirr by the Great Name of the ever living God, that you will carefully and di:cly attend the FxccutJonof the iaid Office, according to the terour and true inrcnt'c' "^QMiComj miiltoiij'Qnd the JLaws of ibis Jurifdiftion , Sc hclfjfon God, h'eiikr Weights. 91 WEIGHTS. IT is Ordered by this Court and the /Vuihority thereof; that Tienceforth the new Brafs WeightSj that are lately come from EngUnA^^ndi have been Scaled at the . JExcheqstcr'in n^el^ntin^erasippezts by a writing teAiraonial under the hand of Mr. ""^'^^'^ "^ohn Lo^, and IVIr. Wchotat Stuart principal Officers there and Sealers of the faid Office, arc jult and true Avcrdttpoift VVeighcs, fych as arc ufed in Loncton j divers of which are Bell-falhioned, viz,, one fifty fix pounds, one twenty eight, one fourteen, onefeven, one four one two. and one pound \ the roft arc flat Weights, and are one jhalfpoundjoncquarter, one eighth part, and one fiAtecnth, or Ounce; ac alfo one half ounce, cue quarter of an ounce, one eighth, and one fifteenth part of ai Ounce, ftiallbcthc Standards for this Colony of MaChchufets -, by which all other Weights are to be Sized .• and that the Country Treafarer ifTue forth his Warrants forth- withtotheConftables of every Town in this Colony to provide at their Town charge alltheabovcfaid Weights of Brafsor Lead, by the tenth of Mayutm; which are To be brought in to the faid Treafurer, or whom be fhall apoint, to be Sized and Seal- ed by the aforefaid Weights : and henceforth it ftiall not be lawful for any Perfon to buy or fell by any other weights, or Stetlyaids. but fuch as are Sealed by, and nude agreeable mih the aforefaid Standard .- and the penalty of fuch as negleft, or af\ contrary to this Order fhall be the fame,and difpofed of according lo the Order of this Court, made in Ma^ i68o. Title Aicafuns. IT is Ordered by this Court and Authority thereof, that the iirh. Scftlon of the Capital Laws title Confpiracy. Rebellion .- and the . 8tA Scdion of faid L3ws,Mf/? Rebellious Son, and alfo the Law referring to Cbrid mud. Page 57, 58. and the word ^ommon.tvealth j where it imports Jurifdi£tion, Is hereby Repealed ; and the .word juriffiiQion^ is hereby infertcd. If J 2 Confflrncy. CONSPIRACY. F 3ny Man Confpireand Attempt any Invafion,Infurrcfiior,cr Publkk Rebel- _\\on &gz\xAthi^ K 1 NC S Mojtjiy, His Governratnt here eftabliflitd, or (■>• Onnre, Troy tret^^ht : and all • Imaller pieces of the like Coyn that are good fiiver, Ihall pafs at the fame price and weight. Thit SOS "Canada Accadie. Sr^tne, Goedi DarAagidto k Sjtvtji. 95 TH'is Court hilrf informtd hj the Right HononrabU the Earl »i Frofl- xm^zcGovtrmHrcf Canada, and Monf.tnr ,!rC.ce forth, f»i„re,andthc prrfrv^tion 6f a gocd Corrifpondence ^^^^^^^^ t/cfifeen our Neighbours of Canada and Accadie abovi wenticneefy and cur {(Ives : Ir is hf rebv Declared, that this Court do:h not AMow and . Approve of any (uch Irregularities, and thit all pcrfons fo offending are liable tothePcnalciesand Forfeitures Provided againft them by the Laws of thofe Covcrnaitncs where luch Offences flial! be commiited. A^ an Addition to former Lav>J abcut Svitte: It is Ordered by this Court and the ActhcritV ttereof, that all Swine gong at liberty ftjall be conftantly Ringcxl fofficicntly ro pre- sent their Rootin^s, upon the Penalty of fix ptnee on every Swine, in Swme tcbe Money to be paid as a finc^ the one half to the ufc of the Town where ^1^"°°'^^^ fuch Swine do Root, the other half to the Informer, to be Lcvyed by Warrant from the Scleft men ^ bcfidcsall Danoages done in Commons or Proprieties, Fenced or not Fccccd. any Law, Ufagc or Cuflomc to the contrary '^0''^"^£ianding. IN Cafe of Damage of Geo J/ in Board nfatty Ship w Other Vtfftl £>• riving herc^ where there it M) need af SoTveyivg as h ufttaU^ fra~ ili/ed: It is hereby OrJcrcd and Enaftcd, that thexoftall fcc fuitablc Ptx- fons appointed in the fcvtral Seaport lowns of this Jutifdiiiiicn, as Surveyors, who fliall be Sworn to the faichfnl difcharge of that Trufti And be called as often as there is occafion to view fuch Goods as are ^^^ ^T^ damnified, before they be unftowed, or any. two of them, who are to ^L^^ijy ^" make aRcturnundcrthcir hands to the perfons concerned, if they de- Crc it : who arc to be fatisfied by the Marter of the faid Ship ct Vet* ftlthat imploytsthcm: and the Pcrfons appointed to per/orna. this Truilmthe Icveral Towns, art', for Bcften, Mr. ChrifiofkirClokr Mr. John P.nr-K-tAther^ Mr. Timcthy treat Senior \ for Cbarli^Ont^ C&pc. foha Lonf, Mr. fob;} Trvml'l^, Mr. Eli^^s Rcwi for SiiLa, h^C.fehnSrcwntMr.fchnHarJjStflior^ Capt- Richer J Mere i tot AiarbUbeady Ca.pt. Sav^ful u/ard, Ambrcff CaJc, Richard Reitk, nnd for M'e'Jsbury And the Pcrfons to be appointed for this Service be chofcn frcmtiint to time yearly by the Irbabitsnts of fuch Towtwas alorcfaidj who have liberty to fnik<.' choice of othtx Officers- T/i is SiirVijorj,SAlesv{ LaKdy V'^Hcnifed "Perfons. T His Court doth Order, that no Countrev Grants cf Land fhaU hcncdorth be laid out, but by lomc Known able, and approved Perfon whom this Court fliatl appoint, who fliall be upon Oath lo Aft lands or faithfully inlhat work, and make Return under their hands of all fuch S Te^ed°on- ^^^'^ '^''' ^"' ^^ ''^^'"' ^''-*^ '''^'^ Quantity, in a fair Draught or Flat, lyby"^ Survey- togetherwiih thc Quality as near as they can; In purfuance of this crsonOath. Order, This Court appoints and allows of Capt. EUPia Hutckinfcrj, Mr. Jonathan Danforth, Mr. fohn Flint-, Mr. Samy.cl ^n^rerrSyMr. David Fuk, Mr. CCilliam Carr, Mr. Jofepb Henxlej^ and Mr. Samuel Jliarfiflild to be Surveyors, any one of them to lay out fuch Countrey Lands as any pcrfon have had, or fhall have Grants from this Courr. And the faid perfcus (hall take this following Oath at fome County Court before they afl in Surveying any fuch Land. Siirveyors yj'oV Swear by the Great Hams of the Everliving God., that yea ' X will fciithfull) and impartially, Mcordhg to the befi of your s^ill^ Survey and Meafure fuch Grants of Land that are made i>y the General Court to ar,y Perfon or Pcrfons veithin this fxrifdiBion ; and prefent a fair Dr'.ught and Plat of fuch Land to this Court ; therewith certifying the ^ality^ai near as you can undirfland it^as well as the ^antity offiuh LAr.diiill wbichpufox/i mal^c Return of to this Court under your bonis So heJpyouGod. "T 7 T JHertas it often falls out, that Men make Bargains and Sa!e» Coun.Cotirts y y rf Zand, and Comctimis receive part or ail the pay for thti p^ver Heirs! fome k&re the Deeds of Sale are perfeBed according to Law i the Granted Executors and confiding in the fidslit^ ofthn Perjon thatfelln and a(tcr that, the Grantor Adminilha- dies. tors to make j^ [^ hereby Ordered and Enafted. that it frail be lawful and in the Deedof S.^le p^ryerof the County Court where the Land lies (the Bargain being ^'^' legally proved to thefatisfaftion of the Court ) to impowcr the nea Heir, or Executor , or Adroiniftratoi to the Eftate, to Draw atid Sign Deeds of Sale for the f:rae. IT is Ordered by this CouS and the Authority thereof, thstal? Irf formers of the breach of Law by Uniicenfed pcrfon or perfoas whatfoever, to any Court, rnaking proof thereof, fhaW henceforth have one clear Third part of the Fine Impofcd and Received for fiich Bleach. I N I S, 206 0, ORDER FOR REGULATING CONSTABLES PAyMENTS, And (oc the Rating of Unimproved LaniJs*, and Relating to Troopers, Made at the fecond Seffion of the Held at Bos'ioN,oaob.ii. 1682. Eiward Raw/on Scci' WButat It Is informed^ that fevircl Confidlet have not madeuf thuir jfJccompts with the TrsafnrerjanJ that there it mHcb of the lafi Years Rates jet unpaid: This Coure doth Order, that what is fo unpaid, be paid in accor- ding to the valuation of all forts of CoL'n made this prefcnt Court. It I asoto T y^pp^^tnr J Grievatici among ns that ftndry Ginthmiyt, Merchants j^ a»doth(rf,havi»ggriatTru[ls of Landy honmed out to them in Pro- prtety, pa/ not to Publick Chargts ^ althon^h they have j conftdirabie profit tothem[elveshythecmimdk4eofthcej)im^tei>lfaid L'^ndsi For thi EaJtKglphereof ; It is Ordered by this Court, ih.it all Lar'^s circunftanced as is above prcmifed, Aiallin theLevy nowtrsberaaJety this prcltni Gourt, for payment of the Count) cy Dcbis, pay unto the Treafurcr of the Coun- trey two /hillings Mcney for evtry hundred Acres .• and in like propor- tion tor icffer quantities. A Nd it is Ordered, that the Scleft men of every Town and Peculiar ^ j^ wiihinthis Jurifdiftion, fom^timcin the Muncch of Novunher next, (hall Affcfs all Lands wiciiin their Town bounds, liable to be Ra- ted by this Order \ And alfo to AfiTcl's all Countrcy Grants of Lands callcaFarms, belonging CO peculiar pcrfons that lie nearcfl: unto fuch Town or Towns i and to draw up fair Lifts of the laid AfTefstnents, with the Names of the perfons, and Quantities of Lands AfTeircd, and Deliver the faid Liits to the Cor^ miffiuners chofcn to examine tins years Rates, who arc required to meet at the Shire Town, the fecond Tuefa^y ef Dec^'nicmcxty who arc ordered carefully to examine the faid Lifii and Affefsraeius, and tranfmit the fame with all f^ecd to the Trcifufcr of the Countrey being perfcacd and lubfcribed with their Names .- And the Treafurer is required to lifoe forth bis Warrants tc the Conftablcs of the fevcralTo/.ns,ro Collector fuch Lands as lie in their Bounds; and to the Marfhal General, or Mardial of the County, to CoHecl for fuch Lands as lie not in ?,ny Town Bounds; who fhall CoHedt the fame, and return it to the Treafurer as the Law dire(Ss. ^ And it is further Ordered, that the (zii Commiffioners give in to the Treafurer th'.' nimber of thcTrocptrs i<^ their rcfpeftivc Towns, and he to Rrant out Warrants to the Sciea Men to aflcfs, and the Conftables toColleawhicmay arifeto beduetG the Country upcn theDuplicv tion of Rates, for this prefcntyear. And for thi ktler effrBing of this Order about the Rating ef Vnim- f roved. Lands . It is Ordered by this Court, that the Major General, Captam Fifhtr, Captain £.;/-&^ Hntchinfon, and Lieut. JonMh^n Danforth, together with the Secretary, be a Cemmittfe forthwith to exJmine the Court Records 2nd Returns of all Grants of Farms and Out- lands, laid out V'ithout the Bounds of any Townfhipsi who arc Ordered andDeflred tomakeaLiilof all Out la.idc they can ty any means gain the know- ledge of, as to the quantity of the fame, and to whom at prcfcnt they do belong, and where they do lye : and to trrnfmit the fame Lifts unto the Country Trcaiurer, that thc>' may be r.ddcj ro, and compared with the fevcral Counties Lilts, that fo no Lands may be omitted, or twice Entrcd, M^lot John Py»cho», znd Licvt. John Smith in Hnmpjhiref are appointed to do the like, and make !>ke Ccrtiftcr.te : And that the Treafurer forthwith fend forth his Warrants to the Sekft M.'n of each Town accordingly. N I S. i^JNJES: ?7 SEVE%JL LAWS MADE AT THE General Court Called and Htid at BOSTON on the fevcnrn of fieruarv.'zni Continutd by j^djoumment to the thirty firft oC March 1683. AnJl h iheirORDER Printed and Publi/hedj By Edward "R^fon i^ecretary. WJiirtKt iy thi Law, tit I, Minr.s ^ J: it Pre- vidJ that tha fifth part of Gold and Silvir O^r^-which if found in this Co.'on'', fhuH Repaid to thi Kingi Majifiy, h'lt Hursand Sycofffrj : and there btin? Rumor J o( fucb Mmtt found i« this JurifJidion •, It io iStrtfof c Order cJ by ilii'^ court and Authority thereof, that fomemoctPerfonsbtappointtd from lime to time by thi; Court to make Enquiry after fuch Mines, and do their utttrmoft ende^-vour • ihf.c r> hlth part of thefaid Oar be refer ved for His Majcfty, attd that thc-y lake CArc that Hi". Majefty rosy have his juft due for the ferae, both In quantity and auaiity: And it is further Ordered, thu if any Ptrfoti OC p«fons (hall make Difcov«ry of any Royal Mine or Mit>cs, Law to pre- vent all decoicJ, by opening of' Mines.&cthaO His Majefty may have his due, &c. 58 NAVylL OFFICE. of Gold or Silver, and ftiali Irrprovt faid Mine or any part of it to his own ufe and benefit before he hath given Account and informa- tion to the Officer that fliall be appointed as aforefaid, the Pcrfon fo tranfgrcfling fhall for frit the I rcble value thereof, and fhall be fined ten pounds for ont Offence, And Mr. Jirtmiab Dummcr is Ap- pointed to be the Officer till this Court take further Order. I -/Ss an jldJifhn te the tAw titJt NAVAL OFFICE. T is Ordered that the Port of Boflon-, to which C^jr//?ojrw is an- nexed, and the Port of Salm, to which Marhte-kcAd^ Bevtrlff AdcVitiOT to Glocejiir, /pfwich, Ro\^ley,_NeK'^i4ry & Salhl^ury are annexed as Mtm- the Layv title bers : are and fha!l be the Iav;ful Ports in this Colony, vihert all S*iips Naval Office. ^othcrVcfTels fhallLade or UnJade any of the Plantations enumerated Goods, or othttGoods frona foreign parts,and no where elfe, on penal- ty of the Confifcation of fuch Ship or VcfTel, with her Goods, Tackle, c^f. as fhall Ladt or Unlade elfewhcre. 77. That no Ship or other VcflTel Arriving from Forreign p3rts,ni3ll break Bulk before Entry with the Governour and Naval Officer if they come into the Port of .& »/?«», and in all other Ports not before Entry with the Naval Officer, on penalty of Confifcation of Ship and Goods, and when the Maflers of faid Ships or VtfTcIs art; not Inha- bitants in this Colony, then into whatfoevtr Port they Arrive, their Entry fliaU be mxide with the Govcrnoiir and Naval Officer that be- longs to the Port where they Trade. ///. That no Ship or other VeflicI Ihall Lade or Unlade any part ottheir Cargo in the night feafon,tTiat Is not of the growth of this Countrey, unlcfs it be in tafe of necellity, and then notice to be given ta His Majefties Officer upon the place, if any be there, on penalty of. Confifcation of faid Goods. JV. That ro Ship or other VefTelihall take on Board any of the enumerated Plantation Commodities more then their Ships Store, be- fore they have given Bond, or fhcw a Certificate that they have alrea- dy given Bond, as the AGt of Parliament requires, on penalty of Con- fifcation of fuch Ship and Goods, unlefs they be fuch as pafs from Port toPortof ourown Jurifdiaionj who arethtn to have a Permit figned by the Naval Officer. r. And for the Information and Satisfaftion of all perfons con- cerned; It is hereby Declared, that His Majefties Officer hatb po- wer to fiezeany Ship or VefTel he judges forfeited to His Majefty in order to her Trial, and that he hath liberty to fearch all VefTels. that are outward Round,, ind to put Waiters on Board all Ships inward Bonnd. VI. And that the time of Entringand Clearing at the Naval Of- fic- be betwixt the hours of ten and rvveivc, in the forenoon, and two and four in the Afrev.ioon. VJI. Thit no V-efTcl of twtiity Tonnes and upward, except fuch, as ships. Freemen Comm'tffioni. S>S> as fetch Wood, Board, Stones or Lumber, fliill pafs the CaHIe with- out n Let pafs from the Governour for thctirre being, if rcftdcnt in Boflon, and in his abfcncc Irom the Deputy Govcrnour, on penalty of twenty Pounds. AS an Addition ante, and Explanadon of the Lars/ titfo Sl^ip It 15 Ordered by this Court and Authority thereof, that no per ships on the fon fhall Trade nith any Ship - Veffel *rrivinfl on our Coaft. until Coaftl»*ore they arc brought to Anchor in one of the Ports affigned and appoint- come into tho cd in the Law title an Addition to the Laws title Naval Office, on pc- W*'^''°"- nalty and ior/eiturc provided in the faid Law nV/f Shipping. IT is Ordered by this Court and the Authority thereof, that the ^ Law made Off o^ir isth. 167}. Intituled as an Addition to the 3™i"oRel! Law title I'recmcn, Scftion the third is hereby Repealed. men Repealed Hit Court h'lng itiformcd that thin arefevcr.'J Commijftin Officers in this furi/diilion that havt not their Commi/fiom according to Lnw. It is therefore Ordered by this Court, that each Clark belonging to the fcvcral Military Companies in this Colony, fhall v/ithi'n one ^ . Moncch after the publication hereof, repair to the Secretary, and take to°MiHt^of^ out fuch CommKDons as fhallbc v7Jnting,and them to deliver to each ficerstob* ta- CommnIionOfficer belonging to their own Company, as they fhali kenoucbythe bedirefted; And fo from time to time vathin one Moneth after any ^'^^'^^^f Commifljon Officer is Chofcn and Appomtcd by this Court: And jf ^o'J^P^i'es afly Clerk fliall neglcft his Duty herein, he Ihall forfeit the fum o( Moaetb!S. twenty (hillings to the ufc of the Company. T PINIS SOX AT A General Court ^f/i^; BOSTON Md-j» iq, i68j. Tllii Court Conftdettng tnat Cattle are Fated to the Countrey cl egrtJier 'value thin they will yield from Mart to Man: Doth ihcicfore Order, that henceforth all Neat Cattle {hall be Rated to the Countrey, ^•J^. Oxen at four years old and a- bovt\at three pounds a piece ^ all Cows, and Steers at three years andabove, attorryfliillings apiece^ and all of two years old, at thirty (hillings a piece-, and Yearlings, at fifxtcnfiiiUings a piece j and Swine at a year old, at ten fhillingj. By tne COuHX Edfpard Rajffon Stcrt 30S 98 S04: Tublick Charges RejxahJ. S E V L A L LAWS MADE AT THE SECOND SESSIONS OF THE General Court He!Jat BOSTON O&ohcr TO. 1683. And Piiblillied by their Order: Edward Ra\ifo» Secr. T 'T is Ordered by this Court and the Authority thereof. That all the Laws under the Head or Title of ImpoAs; LirwasTub- H Impoft on Wine SfflrongLiquors^ImpoJl upon all goods hck Charges -»- &Provif-ons, with any Exj)lan3t]on or Addition made :ReHnhd thereunto ; and the Law Title Publick Charges, Seftjon 1^?!.^"*^^° the third, referring to the Trearurer,irfuing oat Wan-ants to the Conflables, for CoUeding of Aflcfsments yearly, Ihall be and remain in force for the prelent Year, and until the tenth day of j?««f,M'hich will be ui the Ye2r Sixteen hun' el red eighty a>id four, and fof no longer time j Any Law Ufage or Cuflome to the coniTcsry noLwithftanding' V As 1684. A SOS Schools. Ccufenage. 99 S an Addition to the Law Title Schools : Tills Court doth Order and Ena( Scbool, ht^ fhall be fit and able to Inltru^ Youth, as laid L,aw dire<^. GratTtmar & IVritwg, era An J whereas the f aid Law makes the Penalty for fuch Towns as provide not Schools as the Lam direflsj to pay to the next School ten pounds: This Court hereby Enafts, that the Penalty Ihail be twen- ty pounds wl:ere there are two hundred Families or Hcufe* holders. A San Addition to the Law Title tnkcepers i , Wheriii/cAfr/(' of Newhury be the Na« vai Officer for the Forts of NcwLuryd^ad Salisbury. ? \ 'N I S. I ytrutess Frivateers. 10? A T General Court Called by the Honourable GOVERNOUR on His Receipt of HIJ Majesties Lc\:tcr, to fit in Bof^on, Julythe gth. 1684. Wheti they Sate there was Made and Pafled the Law and Order fol- lowing I And by their Order Printed : By the Court E^w.-^rd Raw/or, Seer. Tf/is Court being Informed that great Diforders and Dipra- dations have been committed by fever al of His Majefties Suhjeil^-, to the great dof/iage and prejudice of His Ma- lejties villus ^and contrary to treaties of Peace, t^ that good Correfpondence which ought to be maintained between Chri- ffian^Princes and States^ and that fevtrd Perfons contrary to tkeir Duty and good Allegiance have and do go from this Colony into forrejgn Princes Services^ and Sail under their CGmmiJfwns ; For the prevention whereof; It is Ordered and Ena<^ed by this Court and the Authority thereof, that from and after the Publication hereof, it fhall not be lawful for any perfon tliatnow doth, or Iiereafter fliall inhabit, come in or belong TO this Colony to fcrve in America in any Hoftile manner under any Forrcit^n Prince, State or Potentate, or any imployed under them a- gainfl any other Forrcign Prince, State or Potentate in Amity with. A a His J 04 J^iraus., prlvaieers. His Majefty, without fpecial Licence or Commiflion firft had from Hi? MaJeHy.-or: the Governour and Company of this Colony under the Co- lonies Seal, or fomeof His Mdjefiies Governours or other lawful Au- thority under him elfe\vhere, ior their fo doing.; And that all and eve- 'ry l^jch Onendcr or OiTenders being duely convided, fhall lufTer the pains of Death: Provided neverj3ielefs,-fiiat this Act, nor any thing therein con- tained, fhall extend to any perfon or perfons which now are, or have been in the Service or Imploymcnt of any Forreign Prince, State or Potentate whatfoever, that ihall return to this Colony, and leave and defert fuch Service and Imptoyment before the aj^/-'- day of March next eafuing. And be it further Enabled by the Authority aforefaid, that m and every perlon or perfons tl-vat fhaii any way knowingly Ehtert&iti, Bar- bour, Counfel, Trade, or hold any Cotrefpondence by Letter orother- wife with any perfon or perfons that fliall be deemed and adjudged to be frivateers, Tirates or other Offenders within the eonfiruftions of thiS A«5>, and tliat fliall not readily end^vour to the beft of his or their power,to Apprehend, or caufe to be Apprehended: fuch Offender or Offenders, f]--Ji be liable to be profeoited as Acceflaries and Confede- rates, and fuli&r foeh Pains and Penalties as by Ixn is irv fudicale pro- vided. And be it further Enafted by the Authority aforefaid, that the chief Conwuiffion Officer then prefect upon tne place in any Town or Har- bour where there is no Magiftrate or other perfon invelled withlike Authority refiding and at hand, are hereby jji their ferveral prcpinfts within this Colony required andimpowred upon his or theiVknowlci^ or information given, that any frivateers^ Tirates or other perfons k:- fpe, orporai funii nmcnt r i> u ic iviiiii,u • have cognizance thereof ihall determine. JW Attfwer to the Petition cf fever ai TofuerKcrsattJ Ttt-keepcrs Licenje^, This Court/or the encouragement of the Petitioners and others Li- cenfed as the Law direds^Jor keeping Houfes of puhlick Entertainment ; and for their fecarity again fi th great injuries to themfujlained hy the ir- regular PraStifes of all mlicenfea perfotts % Do Order, that allTything-men, Grand-jur} -men ?nd Conftables in their refpe<^ive places, diligently infpe<^ all difordered Houfes that do contrary to Law Retail Wine, Ale, Beer, Cider, Liquors, ^c with- out Licence, and to profecute the wholfomeLav/s made againft all fuch. Diforders : And do furthep Order, that one Complaint made by any Licenfed perfon againft finy that are unlicenfed, for tranfgrefling in that kind, beforei ?,ny Magiftrate or County Court, and being legally convicted thereof, every fuch Complainant fhall have for his Recom- pence the one moiety or half part of the fine or fines impofed upon iuch Delinquents, FINIS. 3XO Addition to the Law of Attaints. vn SEVERAL LAWS MADE AT THE General Court Called to Sit, and Held at Bofion^ Sept. id^^ 1684 And Publilhed by their Order, Edward Raivfoff SeCr. W Hereas 'A h fowidly Experience that the TrovifioK made hy the Law tit. Jury's May x(>yx. for relief in cafe of apparevt Corruption or Error in the Jury's gi- ving in thetr Verditt contrary to Law and Evidence is perverted to the iurthening of the -Countrey with un- reafonehle troitllc^ the great wrong of Parties concerned wiih unjufi refle- Hioniinade thereby upon the Jury s. It is Ordered by this Court and Authority thereof; that In all Attaints before the Entry or A'.lowance thereof, that the party At- 'Minting (hall give in writing under his hand for what caufe, and ihew how the fame doth appear fo to be. And in cafe upon a due ^ b Xnal Additionto the Law oi Attaints- rarty at tamtlngto give in ivrit ting the caufe of At tainting te fore it be allow ecL Execution, Fine to f he Country i o.li. JDCafc, and to ■ffaffbrmer Ju- ^ pa 40 s: 3 peice And alfo dou- ble Cotts and TiterefUothe farty, !>!■<■,• in Fonm I'oT Ejie- ' ' lion's. Trial as the Law provides, the Vcrdid of the fcrmer Jury be con- firmed ; fuch party fo Attainting fliall pay to the Countrcy as a Fine for unneceffary trouble to the Court ten pounds in money, and to the Jury-men that gave in the former Verdift/cr/)'y^i/l^/«_2;j a peice. And in cafe the charge be for corruption, Ic fliall be lawful for the Jury fo Reproached, joyntly or feverally to profecute their Adion of Slander aS to them fliall feem meet 5 And the Plaintiffe reproach- ing ihall alfo be liable to fuch further Fine to the Countrey as the Court fhall judge meet ; Alfo in all Cafcs where the former Verdid: is confirmed, the party concerned fliall have double Cofls, and alfo double Intereft for being detained of his jult Debt according to for- mer Verdid. Form for Executm. To ihe Marjhal of S. or his lawful Deputy ^ YOu are Required in His MAJESTIES Name by Virtue here- of to Levy in Execution of the money of s^, fi. of B, the Sum of with two fhillings more for this Execution, and deliver the fame unto CD. of ot his ofder, which is to faflsfie a Judg- ment the faidC.D. recovered againfl the faid ^, 5. for fo much in Money (including the Cofii; of Court ) upon a Tryal between them before the County Comt hoiden in B. the of Amo. and in want of tlie Money, or other Eflate ofihe faid ^. B's to the fatisfadion of the Creditor, you are alike Required to feize the Per- fon of the faid ^- B. and him commit- unto the fafe keeping o-the Prifon-keeper in B^ until he make payment according to this Exe- cution, or otherwife be reieafed by the Creditor, or by order of Law, hereof fail not,as you will anfwer the contrary at yourperil,and make return of your doings herein under your hand, as tiie Law duects, for which tills fliall be your luiHcient W arrant ; Dated in B. Fercuriam, Mutatis Tnutandis* According to the tenour of the Ttidgmen?. T'^His Court leing informer/ t/yat the numhcr ofPerfbfis alloweJto $e Licsnfed in ho^ovi. for keeping of Houfes of Entertainment and Ret ailingWine and Liquor s,$>c.c, v. icbout doors^ are not Jufiitient for the dccoynodation of the Inhahitdnis and Trade of the Towti, ijy reajon whereof fmdry hiconveniencies do accreiv. Do Order, that the County Court of Suffolk may Licenfe five or fix more Publick Houfes in Bojlon; theSelei^ Men of the Town of Boston yearly approving of the Perfons as meet and fit fur that Impioyment. 3Q1 lo^ Addition fo the La-.T for iiiiig Bricks: A 6' im ^delUion to and Explanation of the Law Kegtdating the fize ef Bricks, made at the General Court, May a8. 1679. It is Ordered by this Court and the Authority thereof ; That henceforth ail Brick-: fbg>'. hold out, and be of the full fize and di- mention exprefled in the aforefeid Law, even after they be fu/Scient- ly Nealed or Burnt j And to tha;- end all Moulds for Bricks fhall henceforth be made of fuch a conveiiient fize or fcantling, that the faid Bricks may andfhaii hold out, and be-ct the full Dimention pre- fcribedvvlien they are iuificiently Nealed or Burnt, as aforcfaid,- which ihall be fo judged and accounted Mcixhantabiie, when as at leafl: three (juarters of every parcel of Bricks be hard and through Nealed Ware, and not Samnell Bricks : and iox the du« obfervation hereof^ every Town { where Bricks fhall be made or fold, fl-ail annually cnoofe and appoint two or more able men, each of which fhall have •power to view, divide, and cull all Bricks from time to time, that fliall beexpofedtofale jv/hofhallbe Swoin to the faithful Difcharge of ''"'''«"> ""'^'^ their Office, and fl^al.l be allowed four pence for every thoufand of '^'"'^i"'"''- good and merchantable Bricks they fbaii fo Cull, one half thereof to be paid by the Seller, and. the other half by the Buyer; ^nd no Bricks fhall be fold or made ufe of before they have been viewed and culled, as aforefaid, upon the penalty of paying twenty fhilhtigs in, Money per chouf^.nd, one half thereof to the Town where iuch Bricks are made or fold, and the other half to the Informer. Two CulIeN to beanr.i::!./ FINIS 3^3 •^TO Cdmmiftofters Power. SEVERAL ORDERS and LAWS Made at the Second SESSIONS of the General Court Held at BoJIod, onoh r ^'^ 1 684. And Printed by their Order ; Edward Rawfon Sea • IT is Ordered, that m cafe of Mifdemeanour or ve- hement Sufpition thereof, where no Court is at hand, any Magiftrate,- or Magiftratical Corami/Ii- oner, by Warrant under his liand or being prefentby Lommin.oners his command, may inipcwer any perfon to make ofM'Td" "'"''Search and Apprehend any Diforderly Perfon,\vhcreby their rorsfufpSMifdemeanours may be brought forth and puniilicd, and ^^<:. further Evils of like kind prevemcd ; which Man fo Im.- povvred or Commanded, fliall ^ in the particular he is Jm- ployed in, have equal power with aConftable for requirina: AidandAfliftance. ^ IT is hereby Ordered j that it may and ftalj be lavvfuC for the Clerks, or Recorders of any and every County Court of this Colony to direft any Execution by them drawn Wagiflrates & SQ3 Executions. Count rey Debts. Wolves- iir drawn to theMarfhal General, as welJ as to the Marfhals of the County, fo that the perfon who Hiall obtain a Judg- mr/bltrved ment, and takeout Execution, may imploy which of them ^y''"''*^"'^^ he fhall fee meet ; Provided alwayes, when any fuch Exe ^"''"'^^^ cation Hiall be delivered to the iVlarfhal Genera/, the cofl f it fhall not be greater than if it had been Served bv th Marfhal of the County where the Judgment waJ granted. THe ConJtJeration that the Countrey is at great ch for tranffortation of Pay to Bofton a^/charlftown^ from the remote farts of the Colony; as alfo great loCs in Meafurc : -' It is Ordered by this Court and the /luthonWfj, c Cou"try dfbcs that thofe to whom the Countrey is indebted /oTSlkr^^^^^ "i ^^si^!" or otherwife, fliall have order from the Treafurpr r« • ^^^ f"^^^"' their pay in the Towns where they hve out of the Sn' K- ''^ try Rates, fo far as it will re4ch, or by the next tL°Z' jacent for what is due m Countrey pay- Prnui^Jj.u' Payments ordered by the Tieafurer be conveyed to fw who are to receive it by the Conftables at the Co"ntmvc charge, to prevent fo much lofs and coftfor cati'iage Wffere^s Comfhint hath ieen made to this Court ^W mheshavehecntakenin cne Town and^'Jafi carried into ctnother, and there killed; wherein Tl 1 Townshath been unjujlly charged. ^ ^""'^ "*^^' This Court doth Order and Appoint thsf n« -r County fhall be liable to make any payment bv verlr? ?' ^olm to be Law title Wolves, except for fnchJSh. ^ ? °^^^^ ""^'' «^ '''»- and Wled within their B^ndsT^ea^^f 'ty'^^ "-"--^ to the contrary notwithftanding. -^"> •^^agComottobc ^' paid foi F i N I S. Cc 3Qe AT A General Court Held at £ard Raw/on, Secr. eso SEVERAL LAWS AND ORDERS MADE BY THE GOVERNOUR AND COMPANY Oi tht. MASS AC HV SETS BAT in NE^-EMGLAND. A r THE General Court Held at Bofton, May zj^^ l 6 S s- Asalfoata GENERAL C O U R T Held at Bo/?^« on the 14th of Odober^ \6Z$. And Printed by Order, EDWARD nAfrSOlf Secretary AS an ^dcl'/t'rot to the Law tit. Impojls ; It is Ordered by thi/ Court and ilic Authority tticreoT; That all Mafter.f oC .Ships or orlier VelTeis, rhatlhaH bring intoour Harbciurs any Wines, or Strong-waters, the faid Maftei-s ihall before rhey break Bulk, give a true and juft Account,under his or their hand unto the Na- val O'ficer^oi rhc quantity, and lorts of Cask iic hath on Board, with ^he. Marks & Numbers of the fannc, & the perlons names to whom it is D<- Con sso 122^ Damage in Vielcby Attachments^ Wills. ■%b Configncd, or dothtelong, upon forfeiture of paying the full duty ap- pointed by Law, if any be found which the faid Mafter gave not ac- count of; Aiidthat the Owners or Receivers of fuch Wines or Li- quors do before it be landed, malie a true Entry with the Officers of the full quantity, upon forfeiture of what fliall be found more tlian by them Entred, or the value thereof; And that the Owners, or who fuch Wines or Liquors are Coniigned to, do pay down, or give under their hands to the Officer for tlie payment of the duties in fome con- venient time ; Provided this bind the Mafter no further than to enter all fuch Goodj for which he hath figced Bills of Lading. And if any more appear to be on Board, taken in without the Matters knowiedg, he lliall have hberty of a Poft Entry. WHereas there is a general Complaint in raany Tcivns within this Jurifdiffion, of great ahufes offered, and damage to particular pe.foHr, in the laying open of their Proprieties^ hy Breakings or laying down their Fences, Barrs or Gates ; for the prevention cf fuch Diforders and unlawful agings for the future ; It u Ordered by thi^ Court and the Authority thereof. That any perfon or perfons, who (hall prefume from, and after the FubUcation of r'c^"'^''"^ hereof, to breal: down any Fence, Stone wall, or lay open any Gates or Barr^ break or open any Locks fafiened to fttch Gates or Barrx standing upoa any mans Propriety or Inclofure ( uplefs in cafe of cjaiming and making out of f'*^'" to Itich I and ) which perfon or perfons, upon due convidion of.foch ofie'nce, iliall be fined tu;enty /hillings in money, one half to the ufe of the County, the other half to the party injured ; and lliall alfo be liable to pay all fuch damage as any perfon may fuflain in his Propriety or Inclolure thereby, to be judged of by the Court, or other Authority that iLall have the cog- nizance thereof, or otherwife to be reccvercd in a due Proccfs of Law. IT is Ordered, That every Treafurer notwithftanding the explra- ration'of his Office, ihall have 35 full pov/er for the profccuLion ot the feveral Conftables, and colleftion of the Rates which v/cre iffued out and committed to them in his time; alfo for the gathering in alt other Dues arifing to the Countrey by virtue of the Lav/s, tit. Impojls, and hjpojl 0)1 Wine and Strong Liters during his Treafurerihip, as he was Impowred to do whilft in that Office. Timefof r-r T^ ^' 0»-dered ; That all Attachmcnt-r in Civil Aftlon^ between v\^g Actuch' X P^''T ^n<^ P^i'ty* ^all be ferved fourteen dayes inclufive before the loents. Co/Jrt or time of Trial ; any former Lav/ or Cuflom to the contrary rotwithftanding: And tlie like time to bcattended in giving in Rcafons of Appeal. Treafurers power. A S an i^dditicn to the Law^ tit. Wi/ls : It is Ordered by this Court and the Authority thereof That the 33X mils, 1 2 the Magiflratex of each County Court in this Jurifdid:ion being annu- ally chofsn by the Freemen, fliall have full power and authority t as the Ordinary in Efiglvid) tofummonj any Executor or E::ecutors ap- pointed to the Will oi any deceafed perfon,who have declared hi^ or their JJur R^pT^S acceptance of that Truft, by offering the faid Will for probate, or o- with rrfs- therwife ; requiring him, her or them, to give Bond, with fu/ficient "^"^"'^ '° '^"'^ Sureties for paying all Debts and Legacies, or to make and exhibit unto the Court upon Oath, a jufl: and true Inventory of all the known Landx, Tenements, Goods and Chattels of the Deceafed; And in cr.fe fuch Executor or Executors fliall negledt or refufe foto do, (aid Court fhall proceed againft fuch perfon or perfons by impofing a fine or fines upon themj not exceediiig ten pounds per Monetb for every monethx de- fault after the expiration of the time that fhall be appointed by the faid Court; for bringing in an Inventory .• And upon complaint of any Creditor or Legatary they fliail call any Executor or Executors to ren- der an account of hi^ or their Adminiftration. And iUs further Ordered ; that the faid Court fhall have full powet to receive any Information or Complaint from any Legatee or Credi- tor againft any Executor for the detaining any Legacy or any Legacies given by the Teftator, or Debt due from faid Eftate ; and to grant .S'ummons and Procefs as is ufual in other Cafe^ for the appearance of fuch Executor or Executors, at dayes and place afligned by the faid Court ; and upon negledt or refufal to appear accordingly, the Court ihall proceed to the hearing of the Complaint,ttnd to make their decree and determination thereon,and to grant forth Execution for the fulfil- ling thereof ; likcwife to hear and determine all Cafes relating to Willf and Adminiftrators, and to make tlieir Decrees, and grant Executions thereupon, allowing to the party agrieved liberty of Appeal to the Magiftratcj of the next Court of Afliftants, fuch parties attending the Law, as in other cafes refpedling Appealx : Ahvayes provided, that where matter of Fad is controverted, then either Plaintiff or Defen- dant may have a Tryal thereof by a Jury, if it bedefired, with libeirty of Appeal to the next Court of Affiftants, a: the Law dircds;' any Law, Ufage or Cuflomc to the contrary aotwithftanding. r T N r S' SOQ 883 The customar\- cut of the Colony arms is necessarily omitted lo bring this page to the size of the otliers. w- h. w. BY THE GOVERNOUR AND COMPANY Oi x.\\z MAS SAC HV SETS BAT ia NEIF-ENG LAND At ^ General Court Held at Bollon, on Adjournment, Feh, i^th 1685-. A S an Explanation bf and Addition lo the Law title Wills ; Whereas the Mcigiflrates or Memhers of the refpc^ivc Coun' ty Courts have alwjyes had power to Rea'tvc and Record all Probates ofWiUs^and ofGrauMtiug^dn)iniJirations,&i.C, It is further Ordered by thij Court end the Authority thereof. That each County Court within this Jurifdidion, fliall ha\e full po- wer and authority from time ro time, as they fhall fee caufe, to Sum- mon any Executor or Executors ofany deceafed Pcrfons lj.ft Will and Ttrtament legally Proved and on Record, to appear before the faid Court, and to Require Him, Her or them to make and exliihit into the Rcgiftry of the Court, a jufl: and true Inventory upon Oath of all the known Lands, Tenements, Goods and Chattels of the Dccea- flxl, or to give Bond with fulKcient Sureties for the paying of all Debts and Legacies of the Dcccafcd. And in cafe luch Lxccutor E c or 126 Wills ot Executors fliall negled: or refufe fo to do for tlie fpace of thirty days next after, or fuch further time that the faid Court flinU to them limit and appoint ; the Court flnall proceed againft fuch Perfons by Impofing a fine ca' fines upon them, not exceeding ten pounds per Moheth ior every MonetlxS default after the expiration of faid time To appointed. Alfo upon the complaint pf any Creditor or Legata- ry, to call any Executor or Exscutors to render an Accompt of his or their Adminiftration* And it is farther Ordered By this Court and Authority thereof, that the County Courts refpedtively fliall have full power to receive any Information or Ccmplamt from any Legatary or Creditor sgainft the Execufor or Executors to tlie Will of any deceafed Perfon, for the detaining from Him, Her or Them any Legacy or Legacies givea by the Teftator,or Debtduc from the Eftate ot fuch Teftaror,' and to grant forth Summons or Procefs", together wi h a Copy of faid Complaint orlnformation annej^ed for the appearance of fuch Exe- cutor or Executors before faid Court; the faid Warrant with the Libel annexed, to be ferved/£?«/-/ff« (/^jwinclufively before the day appointed fory4ppearance: And it fhallbe in the power of the Court: to Order the time of Hearing, at their firfl; Seflicns, or at any Ad- journment of faid Court, as to therri fliall feem meet ; and upon ne- gled or refufal of fuch Perfon or Perfons to appear accordingly, the Court fliall proceed, to the Hearing of the Cafe, and make their Judgmisnt or Decree therein, and grant forth Execution for rhe fuJftlting thereof; likewife to Hear and Determine all Cafes relating unto Wills and Adminiflrations, and to grant forth Execution upon their Judgment given therein. Alwayej provided, that where matter of Fadl if controverted then either Plaintiff or Defendant, defiringthe fame before I/Tue joyned. may have a Trial tliereof by a Jury, to be forthwith Summoned by Warrent from faid Court, if there be no Jury then Impannellcd j the faid party or parties making their whole Plea or Allegation as to all inatterx of Fad, at their firft hearing and Anfwer, that Juftice may not be delayed .' allowing liberty for any party agrieved at the Judg- ment and Determination of the Court,cr Verdid of the Jury, to Ap- peal to the next Court of Affiftants, giving in their Reafons of Appeal zs the Lav/ dire&s in other Cafes. And every Perfon before his Complaint be received andadmitted,{ha!l give Caution unto theCourn to the value of tentomJs in Money to refpond alS fuch Charges and Fees as the Court mall award, any JLaw, Ufage or Cuftome to the contrary notwithflanding ,• Provided this Law fliall not be undcrflood to debar any perfon or perfons from Proceeding in the former and ufu- al courfe of Law for the recovery of any Debt, oi Legacy due from theEflateof any Deceafed pcrion,expre(ly determineaby Will. And the Law Intituled y^i Addition to the Law title WlLLS^M^idQ QHoh. 14th- 1685-. IS hereby Repealed. By the Conn, EDWARD RAWSON Secretary^ 3SS APPENDIX In Hutchinson's volume, besides the various supplementary sheets of the Laws, he inserted several other broadsides issued by the secretary which did not seem to belong in the text. With two exceptions, these were orders of the Council, distinct, of course, from Laws made by the General Court. He also inserted two laws in manuscript, and it has seemed best to reprint these. The documents are as follows : — 1. After p. 43 (my page 243) he inserts the Council Order of Api-il 4, 1G76. (See p. 337.) 2. Also three pages of Sunday Laws aljout Tythingmen; apjjarently a special issue or compilation for their use. (See pp. 339-341.) 3. After p. 48 (my page 248) he inserts the Court Order of May 3, 1676, about Soldiers impressed. This is merely a separate reprint of the law printed on \>. 240, and therefore does not deserve a place in the text. 4. He also inserts here the Council Order of 'March 29, 1677. (See p. 345.) 5. He also inserts the Council Order of April 0, 1677. (See p. 347.) 6. After p. 59 (my page 259) he inserts the Council Order of March 28, 1678. (See p. 349.) 7. After my page 285 he inserts the manuscript of the Law of March 16, 1680-1, about Innkeepers. (See p. 351.) 8. After my page 327 he inserts the manuscript of the Law of March 18, 1684-5. (See p. 353.) 9. After the last-named he adds the Council Order of April 2, 1685. (See p. 355.) AV. II. WIIITMORE. 333 ssv AT A COUNCIL Held ^.t'BOSTOOX^ April the ^^tk i6'j6. WffercAS divers Inhnbltants Are retired from out Towns into the nearer Tewns, and there make their fnpnt a- bode : cad it is of public!: conctrnment thdS all fnh be under due Government and Improvement : It is Ordered, That the Selcd Men in each Town fliall Immedi- ately upon the receipt of this Order, and fo from time to time apply ihcmfclvcs with all diligence to take a particular account of all Pcrfons and Families fo coming unto them, requiring them if need be to appear before them that they may bt fully informed of their ftatc and way ot living, and how they difpofc of themfelves -. And the (aid rclpcdive Sclcd Mcnare furtncrimpowredand required to ta'lthfiandtr,g the whcfjcW Lam ,« force cfoinfi ttt /«w J ^-^ jlddtitoH to th/'t Law. ' This Court doth Order; that the Conflable with ft/ch other perfoncr per- l?Jnt?Llft^ltfN3^r re Y^ '"fp^^ Particular FamUye..^and Wieoerfcrto prefentaL,ftoftheNamescfaIi.dlepcrfonstotheSelca.men,jHho nrehere > ^^V'^^^'i* by ftr.aly required to proceed „uh them as already the Law dircQs.li"?,'n ^'' cafe of obft.n=cv by charging the Conftable with them, who fball convey th.jj to forac Magiftrate by htm to be committed to the houfc of Corf wftion. nnH« Co,rt htmj'prou, U frtvintntt cccaHo,,, ofCompldnt rifcfyiMto ihi X PJ-ornn^'to^ of tk(SMath,<,„d as an addition to forrn^La\^si ^ DoOrcierandEnift ^ That the Scleft men do fee to ."t that there b- me man appomted to mfpef: me ten lamilycs of their NtJshbcurs; which TvtF-S! To JnfpeftSab man or men fhall, aod hereby ha .e power in the abfcncc ofthcConftabIc to -f- '«'»>-''«"''' prehendaIlSnbb.-th-breakers, Diforderly- Tipitrs, and fuch as Ioccd liccnf.H &oules,or others that (hall fufTcr any DifJrd.i; in tV^r Houfe on the' s'bbfch day, or evening after, or at any other time. &nd to c?rrv them before a M,i- ftrate or other Authority, or corrm.t to prifon (as a^M^^^^^^^^^ proceeded with according to Law. y v,wi.«floin.iayaojtobe And S40 And for the better putting a reftraint and fccuring Offenders that (hall an^f way tranfgrdfs againft the Laws r»«. Sabbetb, cither in the Meeting-houfc by any abufive carriage or misbehaviour, by making any noife, or othenvife, or du-; Ting the day time being laid hold on by any of the Inhabitants, (hall by the laid| perl'on appointcff tD hifps^i this Law, be fonhwith carryed forth and put into a Cage in ^oy?cn which is c? pointed to be forthwith by iheSeJea-menfetupin the Market place, and in fuch ether Towns as ^q County Courts (hall appoint, there to remabi till Authority (hall examine the perfon offending, and give or- der for his puniftimeotj as the matter may require, according to the Laws rela-. ting to the Sabbath. Hz^qMc-jzi. iCC-^, IT is Ordered by this Qonit and the Authority thereof •, That the Law Tit. Oathes and Subi'aiptions, fag.iia. ScCt. 2. requiring sU perfons, as well Inhabitants as Strangers (that have not taken it) to take the Oath of Fidelity to the Country, be revived and pot in prafiice through this Jurisdidllon. And ' -*«lthe^°'^ ^^^ ^'^^^ effeaual execution^thereof, It is Ordered by this Court ; That tekingttie ^^^ Seleft mcD, Conftables, and Tything-raen in every lown. do once every Oath of Fide- quarter of a year fo proportion and divide the precinfts of each Town, and goi lity. from houfe to boufe, and take an exaft lift of the Nsmes, qnairty and callings ofevery perfon, whether Inhabitant or Stranger, that have not taken the faid Oath, and cannot mske d':;? proof thereof ^ and the Officers aforefaid are here- by required forth : names of fuch perfons unto the next Magi- ftrate or County -^fary Officer in the Town whei-e no Magi- ftrate is. who are ■■. perfons the faid Oath prefcribcd in the Law, wherein not only Fi Country, but Allegiance to our King is required. And all fu*:!^ ' Oaih (hall be Recorded and Enrolled in the County Records h ch County Court. And a II fuch as re - fufetotake the faid Oat fnft as the faid law di- refts. And further, this „.. _i,... .^ —-„ jilfnchrefuferstotake the (aid Oath, (hall not have the benefit of our Laws to Implead, Sue j or reco- ver cny Debt in any Court or Cowts within this ■'iion,norhaveprotefla* on ffom tlnis Government whileft they continue ; aflinate refuiaC And furthermore, It is Ordered ^ That if any Officer intrufted with the Ex- ecution of this Order, do negieft, or omit his or their duty therein, they (hall be fined according to their demerits, not exceeding five pounds for one offence^ being complained of. or prefented to the County Courts or Coun of Afliltants- And this Law to be forthwith Printed and PubU(hcd, and cffeAuaily executed from and after the laft of November next. And that all perfoni that adminifter the Oath abovefaid, (hall in like manner make return of the Names of fuch per- fons fo fwom to the refpeftive Clerks oi the Couitty Co jrts. Made Odobej 10. I 6 7 7. AS an Acic^tietttotheLae LaMi made iiiy\zy hfit for the freventhn of the Frophanction of the SabL^tb^ and firevgtbening the hanit ofTything-mm affointcd to infueil the fr.me: It is Ordered that thofe Tythingmen (hall be, and are hereby appointed and Furtlicr dire- jmpowred to infpeft publick Licenfed Houfes as well as private, and unlicenfed ^'abMcrtie' l^o^^"^ of entertainment ', as alfo f Ex Officio 3 to enter any fuch Houfes, and' Sabbath. difcharge their duty according to Law : And the faid Tythingmen areirapow^ red to affift one another in their feveral Precinfts, and to aft in one anothers precinfts with as (ull power as in their own, and yet to retain their fpecial char^ ges within their own bounds, And it is Ordered^ That the whole Fine raifed by the penalty of this Law up- on Delinquents, either in publick or private Hou(fes, (hall be remitted to the Couaty rrcafureC; and the Tychinp mens allowance made payable from him. Tjthi»i-ma» duty andO^th. I T isOrdered by this Court and the Authority thtrcofjthst henceforth the S?- _ Ie>H: men of each Town take care that Tything-ratn be Annually chofcmn their feveral precinfts cf their tnoft prudent and difcrcct Inhabiiants,and fworn"*'^'"?-"^-' to the faithful difchargs of their trjft (where no Magiftrate or Comnu/Tioneri^^^^'"''* ^ k'rs) before the Sele£i men cf the piace, and the faid Tything racn are required*" ' diligently to infpcft all hoaf;: liccnfed, or unliccnfed, where they fhall have no- tice, or have ground to lufpeft that r.ny pcrfon or pcrfons do fpcnd their time or Eftatcs by night or by day ; in Tipling, gaming, or otherwife unprofitably, OP do fell byretayle within dorcs or without, ftrong drink, wine, alp, Cider, Rhum, Brandy, Perry, Methcglin, o^-f. without licenfc, and into faid houfes where fuch diforders (hall by them be found, they may, and are hereby requi- red and impowred to enter into and make fcarch in their Cellars, or any other places within or about the fara; where they may fufpscV, or have notice, that Wines, ftrong beer, Ale, Cider, Perry, Matheglin, Rhum, Brandy, c^c. are lodged i and in cafe they fhall find any quantity of either, whereof the Owners do not give laid Tything men a fatisfaftoryaccoont of their having the fame, any three of ihera agreeing, they (hall by Warrant from any Magiftrate, or CommilTioncrs inveftcd with Magiftratical povrer, or (vvhere no Magiftrate is within five miles of the place) they fliall without Warrant requiring the aid of the Conftable, fcize, carry away, and fecure all fuch Wines, ftrong Beer. Ale, Cider, Perry, Matheglin, Rhum, Brandy, e^r. and prcfcnt an account thereof with the names of the perfons from whom they took it to the next Magiftrate, or Commiflioner of the Town where any be that are invcfted with Magiftratical povver, who may, and arc hereby impowred to proceed againft faid delinquent parcyes, and difpofc of faid Wines,ftrong Beer,c^B. as to them (ha'J fcem mectj and if for value more then ten pounds, they are then to bind faid partyes over 10 the County Court, to be there proceeded againft as the Lawdirefts. In all ^•hich Cafes full rccompcnr c fhall be made to the Tythingmdn,and other Offi- iccrs for all their care, trouble & expcnces in fcarching and fccuringfaid goods, and the remainder of the Goods fcizcd, or value thereof, where the Magiftrate, County Court, or Coramirtioncrs Court, that have orderly Cognizance thereo/, fhall not fee rcafon to return the fame to the partyes from whom it was taken, the fame (hall be put into the County Trealury. Alfo the Tything men ate required diligently to infp/;flthe manner of all dif- ^rderly pertons,& whereby more private 36 monitions they will not be reclaim- ttd.they are from time to time to prefent their names to the next Magiftrate, or Commilfioner inverted with Magiftratical power, who fhall proceed againft them as the Law direfts, as alfo they are in like manner to prefent the names of aU fingle pcrfons that live from under Family Government. ftubborn & diforder- ly Children & Servants.night-walkers. Typlers, Sabbath- breakers, by night dc by day, and fuch as abfent themfelves from the publick Worfhip of God on the Lords daycs, or whatever elfecourfe or pradlicc of any pcrfon or perfons what- focvcr tending to debauchery, Irrcligion, prophancfs, and Athcifm arnongfl us, whether by oraiflion of Family Government, nurture and religious dutyes and inftruftion of Children and Servants, or idle, profligate, uncivil or rude prafti- ccs of any fort.thc names of all which perfons with the faft whereof they arc ac- cufcd, and witncfTcs thereof, they (hall prefent to the next Magiftrate., or Cotr - jniffioncr^ where any are in the faid Town inveftcd with Magiftratical power, who fhall proceed againft and punifh all fuch mifdemcanours by Fine,- Impri- fonment, or binding over to the County Court as the Law direfts. \TXTHereatyif4 A. B. ertchefsna Tythin^-mattvith-nths Tovntf D. V V for ofiijear^ until ether t be chofitt and fworn tn your room andflcad.,jou - . . , . Jo here frvear tf the living Godthts jouVfiS tUligcntly endeaveur^ and to thi utmofi olth!"^ '^ ofjoor Al>tlitj perform anc'. intend tL iutf of four place accordiug ti the particftlars fpicifiedin (hi Itawi fceuiiar to par Ofidt St helpm God. B?UiC Court, Edve.vd Rjr^^fcrii Sccr« S4a 343 GENERAL COUR T Held at Bollon ths :^^- of May T His COURT taking inco Confideracion the great Difappointment cht- Coun- trcy hath fuflfred by rcafon of non-apptarance of Souldicrs impreiTed toe feveral eiipeditions .- Do judge meec chat every perfon ImprcfTed as a Soul- dier for the Service of the Country, and neglertmg to make his appearance according to Order : every fuch Foot Souldier (hall pay che fura of four pounds, and every Trooper (hall pav the fum of fix Pounds : and if their ncglccis or refufal be ac- companied with Retradorinefs, Refledion or Contempt upon Authority, fuch perfons (hall be pumflied with Death, or fome other grievous punifhiuent. And the Committee ot Vfilitia in the feveral Towns where the offence is committc^i areherebyimpowred and required to call before them all fuch as fhali be Dciinqucnts as is above cxprcfTed, and on Convidion of their negled to give Warrant to the Con- ftable to levy the faid fines, which faid fines fhali be improved to purchale Arms for the Towns ufe •, Provided it fliall be m the power of the Council upon Petition of any per- fon agricved, and jull reafonalleadged and proved to make abatement of the faid fines asin their wifdome and difcrction they fhali judge meet. And it is hereby Ordered that the return of all negjeds and dcfcdv in the cafes aforefaid, be fciit to the Com- mittee of Militia in the feveral Towns,' who arc hereby required to take care for the Ikid Execution hereof. By the COURT Ed'warc/ l^a^/on Seer. S-3L4: At a Court Held at BoRonm NBVViEN GLAND the 2p'*- of (LMarch^ 1677 THe CO UN C 1 L (>eing^ informed^ that fme ftnnge Indians ^who have been in Hofldtty cgainlt vs Or have lived amenpjl JLch^ are brought into this -furtf- di^ion^ dnd bough fj fcverd perfons-, which cmfeth much trouble and fear to the Inhabitants where they re- fide,dndmrjheofdangerouiconfeciuence. not only to the Towns »/herC they Uve^huttothewhole ^urifdiiiion-iifnvt timely-prevented: It is therefore Ordered that what perfon focvcr within this Ju- rifdiftion (hall hereafter buy or keepabovetendaycs after the pub- lication hereof, any i'uch Indian, Manor Woman already bought, abovetheagcoftweJveyears, without allowance from Authority, ftiall bcfidcs the forfeit of fuch Indian or Indians, pay the fine of five pound tothe Treafurer ofthe Country, and the Confta- blcs of the feveral towns are ordered foahwith to publjfh this Order in the rPrccin'fts. By tk COUNCIL, Edward Rawfon Sfecr- S40 S-Oz-Z oJtACOVD\iCTL Held atXostontk ^tb.ofA^ril, 1677 ^^^HeCOV^CIL being informed, that "^ dmong other Evils that are prevailing a^- mong us, in this day of our Calamity, there ispraclifedhyfome that vanity ofHorfe racing, for tnony, or monyes veortb, thereby occajtomng much misfpence ofprefious time, and the draining of many ferfons from the duty of their particular Callings, with the ha^trd of their Limbs and Lives. It is heicby Ordered that berccfortb it (hall not be Lawful Tor any per. fonstodo orpr«flirc in that kind, within four miks of any Town, or in any High way ox Common Rode^ on penalty of fotfictiog twenty Stillingsc- piccc, Borfhall any Game or ran in that kind for any mony,or tncnyes worlv, upon penalty of forficting Treble the value thetCof, one half to the par ty-r formit)£f and the other half to the Treafury, nor (hall any accompaliy or abbett any in that pra(flicc on toe like prnalty, and tbis to continue (il the Ge- neral Court t take fucthet Order. AndM Cortflabkt tcrpetflively arc hereby injoyned to prCfcnt the Names of alifuchas ftiall bcfouod traofgrcffing;, contrary to tbis Order to the Magijirati\ Dated the mn:h of yiprilM:? 'By the Council Edyt^ard %avpfon Sec. S40 3-4=9 AT A COUNCIL Held at Boflon, ^IMarch 28. j6;8. -^r" ~y W ' "T" Hereof many Comflaints have been made, t6dt f/vsral ^k / ^ / Perfonj have been kjHed by fuch as have pretended to ^^ / % / have/iot at Fo^le,Hfds ?)IC. und that in or near High- ^/ %/ TPajes; and many t.ik! the boldneft uponthem,7ouths and y ▼ ^rcirn Perfoni, too frecjatntlj to (hoot within the Limitt efTorvn.'yOychjrdf, Gardens, &r. W-ith bnllits-, greater or fmaller Jhot, on pretence of /hooting at Mar^s, Birdr, Fowlt icc.Vtherebj Perfons are endangered to be kjlled irt their Gardens, Orchards, or adjacent Commortij To prevent fuch inconveniences and mi/chiefs for the future. It is hereby Declareclancl Ordered, That all orany Perfon or Perrons of what age or Condition focvcr,that ftiall from henceforth prcfumeto (hoot ofTany Gun or Guns, charged with Bullet or Bullets, Swan, Goofc, or other fhot towards any Mark or place that the Militia in fuch Town or Towns have not appointed; oi" fo near or into any Houfc, Barn,Gardcn, Orchards or High-waves inany town or towns of this Jurifdidion, whereby any perfon or perfons fhall or may be kiIled,wounded.or other- wife damaged/uch perfon or perfons fo offending fhall be proceeded againil either as Murthcrers,orfuch as have wounded or damaged any perfon or perfons in fuch place or places, fhall be liable toanfwent, and to makefullfatiffa(!>joniiiall rcfpcifts to llich perfon or perfons both for cure and damage^ and be alfo liable to fuch further punifhmcnt as the Authority of the place that hath Cognizance of the offence fVall appoint: And where either they be Servants or Youths under thcirParentsorMa- ftcrs and (hall not be able to make fuch (atisfeft ion, fuch Parents or raafters fhall be liable to make full and due fatisfaftion in all rcfpefts r And the Sclcil men of each town arc hereby appointed to fee that this be put in csecut By the Council. Edxvard^txvjon^tzf S30 AT A General Court Held 1 6 MARCH, 1680- 1. AS an addition to the Law title INKEEPERS, Sect, i: IT is Ordered by this Court and the Authority thereof that for the futuer the Select men of all Towns shall approve of all Persons to be Licensed before Licence be granted to any of them by the County Courts to Keepe such Publique House or be Retailer of Strong Liquors in any of the said Towns, and all Persons shall an- nually renew there Licenc at the Spring Court in there respective Countys. 2. Before any Licence be granted the Granjury shall bring in there Presentments, and in case any Licenced Persons shall be presented or prosecuted by the Select men or any other for transgressing the Law rcfering to such Persons and be legally Con- victed, besides the Penalty which the Law appoints as a Punishment for there Misdemeaner there Licence shall not be renewed untill the Fine be paid, and upon a Second Conviction they shall forfeit there Licence and the Persons annualy licenced after the first day of Oc- tober next shal not exceed, c/^, in Boston, six Wine Taverns, ten Inholdersand eight Retailers of Witie and Strong Liquors on I of doors ; In Salem, Wine Taverns, two; Inholders,fower; Retailers for Wine and Strong Liquors, fower. In CharleS- towne, three Publique Houses and one Retailer for Wine, etc., out of doors. In Ips- wich, taio Publique Houses and one Retailer for Wine. In Gloster, two: Lynn, tuw; Hingham, i^uo; Newbery, tiuo Publique Houses. And in no other Towne in this Jurisdiction more than one such Publique House or Retailer. 3. It is hereby declared Lawful! for any of the County Courts to punish the Transgressors of this Law by Fine, Imprisonment or Corporal Punishment not exceeding Ten Stripes for the First Ofencc. This Court Judgeth it meet to grant theTowne of Boston Liberty for the futuer to send Three Deputys to the General Court. Castle Souldjers are to be alowed Head Money but for one Rate only in the Yeare. As a furthur Addition to the 4th Sec. of the Law title Town- ships : It is Ordered that the Inhabitants of every Town qualified as in the said Law is Exprest may Choose any of there Towne for Consta- bles, Select Men or Jurors, althoe not Rated as is expressed in said Law. And such Persons as shalbe so chosen and ofificiating accord- ingly shall forever after have free liberty to choose and be chosen to any of the said Places and Trusts as any other of the said Towne. And it is further Ordered that all Military Commission Officers whilstc in Commission are free from being chosen Constables in this Jurisdiction. 333 BY THE GOVERNOUR and COMPANY of the MASSACHUSETS BAY m NEW ENGLAND. ATT A General Court Held at BOSTON BY ADJOURNMENT from the 28th of JANUARY to the iSth of MARCH, 1684. WHereas this Court for Prevention of questions and Suits at Law that might arise upon Deeds and Conveyances of Houses and Lands wherei?i the word (\\Q\rt) if omitted when an Es- tate of hiheritance is intended to be passed, did by the Law, tit. Conveyances, Deeds and Writings, Sec. 2: Order, that in all Deeds and Conveyances of Houses and Lands in this Jurisdiction wherein an Estate of Inheritance is to be passed, it shall be ex|jrcssed in these words or to the like effect, viz : to have and to hold the said House or Land respectively to the Party or Gran- tee his Heires and Assigns forever, and therein provided that Law should not extend to any Land granted or to be granted by the In- habitants of any Towne, thereby intending although it is not so plainly expressed, that such grants of Lands by Towns are an Estate in fee simple, not withstanding the word Hd res a mt Assis:nes forever ^ro. therein omitted, the afforesaid Law being intended for the direction of Private Persons only in their particular Deeds and Conveyances of Lands from one to another. 334 As an Explanation of said law, tit, CONVEYANCES, DEEDS afid WRITINGS and Addition thereunto, It is therefore by this Court and the Authority thereof Ordered, Enacted and Declared, that all [such] Orders or Grants of Lands heretofore made by this Court, or by any Townc or Towns in this Jurisdiction were and are intended and shal be Construed and Judged in the Law to be an Estate in fee simple, and are hereby Confirmed to the said Persons and Townships their Heires and Ass'gnes respectively forever. Provid- ed all ways that such Grants as do expressly declare otherwise, zvb, to be for TermevfLifeorfor Termc of Years, or during Plesure Or the like shal nOt be Included in this explanation or Law. And when any Person or Persons shall take out any exemplification of any such Grant of this Court under the Secretaryes Hand and desire the Scale of this Coll- ony to be affixed thereunto, the Governor for the time being is here- by ordered and impowered in his Testimoniall to Insert that the said Grant of Land is Confirmed by the General Court held at Boston Mairh i8, 1684, to the said Grantee or Grantees and to their Heires and Assigncs respectively forever. By the COURT, EDWARD RAWSON, Secretary. This Law was fairly engrossed on parcliment and the Seal of the County, and so puliUshed by order of the General Court and left on file wiih the Secretar}\ [NOTE :— The reader is requested to consult also the Colonial Rcciirds .IS printed in 1854, Vol. V., page 473, for a correction ordered in this Law, by striking out the word audi in the fourtll line of the second paragraph. I have put it in brackets in the text, though Ilulcliinson omitted it.— \V. II. WIIITMOKE.J SS3 BY THE GOVERNOUR AND COUNCIL AJfemhkd. at BOSTON the z^. of April, i6%^. To all Hi£ MAJESTIES Subjects within the Government of the MASSACHVSETS COLONT, Forasmuch as wC are credibly Informed^ that there is a Ship of ahut three. Hundred ToHns that hath for fomc time heen erujing on the Coafi^letweea Marty ns Vineyard and Qz^'i:. Cod, without the Limits of this Colony , whereof Chriftopher Goffe Is CaptaiK, and one John, Salter is Mafler, end hy cttr hsfl Infer mat ion tsjuHly dcamed and vehemently fufpe^ed to have ken. Wickedly and Pir atica/ly taken from fame of His MAjEStlES Allies in the Weft Indies, and doth further appear to he true hy their 7wt coming under Command'. Now that no Perfo,i or Terfons may plead ignorance of His MAJ ES TIES Pro- (iamatioHy or of the Law Made a»d Puhlijhed hy the Govemoi/r and Company of this His MAJESTIES CclOity agreeable thereunto., hearing Date^ July^^^. 1684. Thefe are therefore in HiS MAJESTIES Name, ftri^ly to Charge and Require all Perfons whatfoever within this Jurifdi^ftion, not to relbrt unto, or m any wife joyn themfelves with faid Goffe or his Company, nor to receive or conceal any of the Goods coming out of faid Ship, nor nourilh or ccm.tort in any kind Entertain, Harbour, Counffil, Trade, or hold any Correfpondence by Letter or otherv/ife with them the faid (j<#? or Company, contrary to faid Law, and undei the penalty therein provided. 3y Order, Edward Raivfon Secf. S3S INDEX TO COLONIAL LAWS. ABILITY (see Age). ACADII': liability of persons trading with . 296, §11 ACCOUNTS (see Debt). ol )iulilic officers (see under titles of office). on liiiolis, to be balanced within tliree 39, §1 204, §1; L'5:i, §9 . I'Kfi, §6 240, §23 248a 33, §4 years ..... extensions granted . 219, §1; repealed ..... of towns, for arms, etc., settled, : for Indian war, committees to audit . ACKNOWI.KDGMKNT of deeds, etc. ..... ACTIONS (see Appeal, Appkaranck, CoUKT, KviDENCE, DEFENDANT, Witness). where triable 2, §1 rules fur entry . . . . . 2, {(2 pleadin); anil evidence . 2, §2 return of attaclinients . 2, §2 fees for entry 2, §4 additional charges . . . 3, §5 of clerk of court . . . 130, §1 of trespass, excessive damages . 2, §3 in general court, to bear whole charges 3, §fi plaintiff may withdraw . . .3, §7 renew in another court, 3, §7 vexatious suits to pay treble dam- ages 3, §8 strangers may bring in any court against non-resident . . . 38, §8 where parties live in different towns to be brought in either . . . 21, §1 under forty shillings . . . 21, §2 tr.insf erred to court of assistants in disagreed cases .... 87, §4 penalty for non-appearance of party when called . ". 87, §(! asking advice of magis- trate in . . . 34, §1 of attaint, may be brought against jury 201, §1 ADJOUUN.MICNT of general court, by consent of majority of members . . . 3."», §.^ of county court by magistrate . . 39, §1 question as to legal- ity, resolved . 288, §o ADMINISTRATOK (see Kstate. K.\- ecutor. Intestate, Wiles). to liriiiK mil as siicii . . . 8, §1 duties and liabilities . I.", §1; 330, §5; :!33,"§l appointed in vacation of court . . l.'>8, §2 of insolvent estates ... 250, §1 A DM I UAL AT .SKA chosen yearly by freemen . . 48, §4 ADMIRALTY cases to be heard by court of assist- ants ..'.... 213, §1 ADULTKHY punislieil by death . . . . 15, §9 by soldier, 'penalty . . 230, §13 ADViCli (see Colnsel). AGE of discretion . . . 1, §1 ; 91, §1 of understanding .... 1.5, §14 of consent . . . . .15, §15 of apprenticeship .... 2G, §1 of minority of women in case of marriage ..... 28, §G of responsibility for arson . . 51, §2 religious belief . 59, §2 observance of the Lord's day . 132, §1 of witnesses giving testimony out of court 158, §2 of Indians for service . . . 251, §7 military service .... 109, §9 for passing lands, etc. . . 1, §1 for jury service in civil eases . . 1, §1 for choosing guardian . . . 1, §1 for making wills . . . . I, §1 for ajjpearance in civil cases . . 2, §1 criminal cases . 2, §1 for exemption from death penalty for sodomy . 15, §8 for unfilial conduct . 15, §13 for taxation ..... 23, §3 for contracting legal debt . . 27, §4 to acfjuire freedom of the common- wealth 56, §2 to be chosen town officers . .148, §4 to take oath of allegiance . . 2G2, §2 .\L.\UM (see Militia, Sentinel, AVatcii). from town to town, how raisetl . 271, §8 alle(;ian(;k oath of, iirescribed . . . . 2lil, §1 for all over sixteen years . 2l!2, §2 magistrates to administer . 2G3, §2 refusers to have no civil rights .... 340, §4 penalty for service with enemy or against allies .... 315, §1 ALL EX, C.IPT. JOI/.V appointed searcher of coin in Charles- town lis, §3 AMESBUKY enlistment of troopers in . . . 313, §4 AMMIMTION (see Militia, Forts). general court to make a constant supply 112, §14 selectmen to provide . . 112, §15 towns to furnish safe place for keep- ing 112, §16 importation of, to bo reported to public notary . . . . 125. §1 Index to Colonial La w. AMMUNITION, continued. exportation of. witliuut license, for- bidden . . . . . I2fi, §2 searchers of powder, appointed . 12U, §l' oaili of . li;il, §."0 towns to provide flints . . 2:i7, §l;l ANABAPTI.S TS (see IIkkksy). to be liiinislied . . . . . 59, ^1 ANATOMY body of execnted criminal . . 30, §1 ANUOVEU desifjnated as frontier tuwn . 247, §.■> AXDHEWS, SAMUKL appointed surveyor of land . . 20G, §!) APPAKEL excess in, proliihitcd . ">, §1 ; 233, §3 penalty for wearini; ^old lace, etc., liy persons of estate less tlian £200, 5, §1 grand jury to present offenders . ."),§!: 233,' §3 selectmen to take notice of . . 5, §1 magistrates, military officers, etc., privilesjed . . . . 5, §1 of cliildren and servants not to ex- ceed their quality and condition . fi, §1 tailors to be fined if mMkinj; sfarments conlr.ary to order of i)arent<, etc., G, §1 penally for wearing long liair or peri- wigs . . ". . . . 232, §2 APPEAL from inferior courts to court of as- sistants . . . . . . 3, §1 from one magistrate to county court .... 3, §1 ; 13, §2 from court of assistants to general court in ca])ital cases . . . 3, ^1 from court of assistants in Dover and Plymouth to county court . -1, ^1 from one magistrate or commissioner of towns . . . . . 21, §2 from commissioners of Boston to court of assistants . . .22, §3 by disobedient children and serv.ants, 27, §2 from estimate of damages by laying out of highw.ay to county court, C-t, §1 from county court to cmirt of assist- ants concerning settlement of paupers ..... 123, §2 from disposition of selectmen to couiUy court .... 148, §3 from selectmen of Boston to county court on ([uestion of boundaries . 307, §1 from county court to court of as- sistants in probate matters .331, §2; 334,' §3 to be made before execution . . 3, §1 security to be given for costs and damages in civil cases . 3, §1 for good behavior in crim- inal cases . . . 3, §1 in matter of law to be determined bv the bench . . ". 3, §1 fact, by bench and jury, 3, §1 to be recorded at cost of apiicUant . 4, J2 reasons to be filed before court . 4, §2; 330,' §4 penalty for failure to prosecute . 4, §2 nojudge appealed from, to sit on ap- peal -t, §3 to be judged according to former evi- dence . . . . . . 4, §3 errors to be rectified ... 4, §3 damages increased or abated . . 4, §3 APPK AHANC'E (see Non-Appeahanck). f, §1 knowledge of the capital laws .... 26, §1 catechized once a week . . 26, §1 brought up in some calling . 26, §1 not to frecjuent public houses . . 27, §3 unler to constables concerning . 149, §7 .VRM.S (see Militia). soldiers to be furnished with . . 109, §8 inhabitants to jirovide themselves . 109, §7 of foot soldiers . . . . 108, §7 of troopers .... 113, §16 ofpikemen .... 11.5, §20 inspection of . . . . 110, §10 penalty of discharging, after watch . is se't . . .' . . Ill, §12 shooting off guns forbidden on ves- sels in port . 140, §4 in towns or on highways . . 349, §1 Indians forbidden to carry, without certificate 2.52, §7 provision of 1,000, for use of country, 227, §3 soldiers to account for at expiration of service ...... 232, §2 ARKEST (see Deiit). for debt, or fine, not to be n'ade if satisfaction can be found from estaie . . . 6, §1 except in siiecial contracts, (i, §1 concealment of estate . . . 6, §1 person arrested to be kept at his own charge G, «l on civil action, keeper of prison not to be charged with support . . 6, §2 plaintiff to provide for jioor debtor . G, §2 liberty to go outside the precincts of prison, liy whom granted . . 7, §1 keeper of prison to take bail . . 7, §2 for failure to pay taxes . . . 24, 3 of sailors for debt to innkeepers, etc., not iiermitteil, 134, §1 ; 293, §1 vagabonds without warrant, 1.53, §1 night-walkers bv watch . ir)4, §1 ARSON (see Fiiti^s). of barn, etc., punished by whipping, ,51, §2 of dwelling-house, etc., bv death . 52, §2 ARTIKICERS to be taxed on income . . . 21, 3 iiiav be requireil to lal>or at harvest, 101, §1 ARTIELERY (see Forts). committee of militia and seU'Ctmeii to su)iplv Ill, §11 ASSESSMENT (see Taxks). of persons and estates . . 23, §2, 3 public, definition of .... 25, §3 ASSIGNEE to bring suit as sucli . . . 8, §1 of bill or otiier claim to recover as fully as the original creditor . 10, §1 assignment must be made upon the back side of bill . . . . 10, §1 ASSISTANTS, COURT OF election bv freemen . . 47, §1 ; 247. §1 ; 282, §3 nomination by towns . . . 48, §3 declared general officers . . . 48, §1 oath ]irescribcd . , . 164, §10 sessions to be held at Boston yearly, 36, §7 powers of. . . . . . 36, §7 sjiecial sessions to be called for trial of cai.ital cases .... 36, §7 Index to Colonial Laics. 33, §1 20, §1 21, §3 35, §i 35, §5 35, §•; 30 M fil §9 G3, <}10 G7 §1 87 N^4 201 «1 213 §1 ASSISTANTS, COUUT OF, continued. ai>i)fiil tij, from inlVrior courts . . 3, §1 with govtTiior to form tlic- council of the coninionwealth to appoint commissioners . to approve choice of commissioners of lioston power to reprieve condemned male- factor ....■• power to call general court upon urgent occasion .... (,'overnor to have casting-vote . to summon jury of inciuest to try Quakers . . . . • on contumacy . to fix punislimtnt of .Jesuits to determine cases in which inferior courts disagree .... to hear cases of attaint of jury all cases of admiralty . may authorize residence of married person whose husband or wife re- sides abroad 101, §t A o C T 7 1-' "of' bread .... 8, §1; 288, §4 casks . . . . 10, §1; 283, §5 pipestaves 1-2, §1 wood 100, §1 ASSOCIATES general court to appoint . for county courts, to be sworn . oath prescrilied, may hold court with one magistrate, punisli breacli of the peace manner of choice by freemen ir counties ..... powers in counties wliere there are no magistrates ATONEMENT (see Heresv). penalty for denying . 3G, §7 20, s<2 ici;, i\- 3fi, i' 11, §1 216, §3 208, §2 . 59 §1 ATTACHMENTS (see Scmmons, Exe- cfTioN, Debt). to be issued in king's name . • 111. form of, prescribed .... 1G2, to be granted by clerk of writs . 29, plaintiff may take out against any person, 7. foreign idaintiff to givesecurity, 7, §1 ; 283, notice to be served in writing at usual ])lace of abode ... 7, wlien defendant is out of jurisdiction, 7, execution respited ... 7, to be served six days before court . 7, to express in whose name the suit is brought • 8, §1 exception to be taken before issue is joined 8, marshals may serve . . 8, §1 ; 103, deputy marshal not to serve . . 220, fees to be paid marshal before service, 220, to be directed to the constable in towns where no marshal dwells . . 8, limit of time for service . . . 330, not to be di. ;;harged until judgment is satisfied ..... H*. void in default of execution one month after juilginent . . .144, for debt, void against sailors, 134, §1 : -'93, liy stranger against stranger . . 294, against master of vessel . . .294, ATTAINT (see Jliiv). of jury for erroneous verdict . . 201, to be tried before court of assistants, 201, penalty on conviction . . . 202, rules for prosecution of . ■ . 319, ATTOHNEY ill any inferior court ineligible as deputy to general court . . 41, may bring suit as principal . 211, § of towns, question of authority re- solved 266; §1 §2 §1 §1 §6 §1 §1 §1 §2 §1 §3 §* §6 §1 §1 §1 §1 §2 §2 §1 §1 §1 §1 §2 10 §7 B BAIL (sec ArPEAi., Abbkst, Di;nT). after commitment for debt person under, to be heard at next court ...... not allowed in case of denial of word of (jod ...... not allowed in case of Quakers capital cases for contempt in open court .... BAKEKS (see Bread, Markets). each to have a distinct mark for his bread ...... weight of penny loaf clerk of market to inspect 8, §1 ; light weight bread to be forfeited to use of poor . . . . . bread to be used in bakers' families to be of prescribed weight . to be taxed on income BALLAST not to he taken without written per- mission of selectmen not to be cast into channel or har- bor BALLOr election of deputies by general otficcrs to be cast ojien or iinii' folded . noTiiination of magistrates by . form of prescribed . . . . 7, §2 38, §10 .">9, «2 61, ?9 74, §1 74, §1 S, §1 «. §1 288, §4 8, SI 9, Si 24, §S 9, §1 9, §1 40, «l 47, *i-' 47 ii2 47 S3 274 SI i.Si 36, §6 247, §8 36, ?7 86, §1 61, §9; 63, §10 59, §1 24, §3 BANISHMENT by judgment of general court for defaination of magistrates trading with Indians . to be tried before court of assistants at IJoston ..... sjiecial jury to be summoned of Quakers BAPTISM (see IIeuesv). of infants, penalty for opposing BAHHEHS to be taxed on income BAHUATHY (see Actions, A'exatious Suits). definition of common barrator . the court may reject the cause and ]iunisli the barrator BAI!TKI{(.see Im.ians). with Indians . . . . ■ BAKHEL (see Cask). length and quality of staves pre- scribeil ...... BASTAKI). reputed father to maintain the child, BATTF.K, F.DWAIW appointed searcher of coin in Salem, IIS, §3 B.VTTEIUES. comiiiittee of militia and selectmen to keep in repair HI, §1 • BATTEKY. ASSAl LT AND appeal to county court . . .21, §2 §1 9, §1 75, §2 17 §1 55, §3 Index to Colonial Laws. BAWDERY (see Brothel, Whoredom) BEANS use of, in electiDii of :issistants . BEASTS. cnu'lty towards, forbidden ciipiiliition with, penalty . BEAU DOS', JO/JiV pc'titiiin for relief, coiniiiittee 47, §1 39, §1 H, §7 ap- 247, §7 . Ifi §1 . !« *i-' 170, ^3.-, lOfi *}-' 239, §19 . 11 §1 . G9 §4 . 7fi §5 . 80 r-i 251, pointed .... BEEF (see Cask). assize of casks .... regulations for packing packers of, oath prescribed importation of, forbidden suspended BEER (see Brewers). quality of, regulated tax upon sale in public houses . not to be sold or given to Indians any may sell out of doors quality and price of that sold by inn- keepers .... 80, §2; BENEVOLENCE (see Gifts, Grants, Legacies). when to be granted by general court, by i)rivate citizens for public use trustees to account to county courts, BESTIALITY in man or woman, to be punished by death the beast to be slain and buried BILLET of soldiers in Indian war, rates es- tablished .... 253, §12 BILLS (see Assignee, Debt). assignment of 10, §1 penalty for forging .... 54, §1 of exchange, exempted from usury 9, §1 t>, §1 0, §1 14, §7 14, §7 law 153, §1 . 1.30, §2 . 130, §-' . 14, §3 • 14, §3 . fiO, §3 , GO, §4 . 229, «1 of lading, see Customs, Invoice. BIRTHS record of .... parents to report BLASPHEMY (see Cdrsing, Heresy, Pkoi'ane Swearing). definition of ... . punished by death . books containing, to be burned utterers of, forbidden entertainment, by soldiers in camp, penalty . BLISS, LA WRENCE appointed searcher of coin in Spriu] field BOARDS measurers of, selectmen to appoint . 156, §2 BOATS penalty for taking from moorings without consent . . BONDS (see ArpEAL, Arrest, Sureties). to be taken by clerk of writs . sureties to be held until satisfac- tion, released in default of execution one month aftiT judgimnt . of unlicensed innkeepers on com- plaint 84. §18 of vessels in port .... 139, §3 for appearance, form prescribed . I')2, §3 prosecution of action of attaint . 201, §1 to he given by strangers sueing in- habitants 207, §1 for good behavior of those who in- dulge in notous pleasures . 236, §12 in case otforfcMi. the ca>e to proceed as in non-appearance . . . 202. §1 118, §3 212, §14 29, §1 144, §1 144, §1 BONDS, continued. in case of forfeit, execution to issue against sureties .... 202, §1 BONDSLAVEKY prohibition of 10, §1 except captives in just wars, taken or jiur- cbased . . . 10, §1 Christian usage prescribed . . 10, §1 by iudginent tor crime . . . 10, §1 BOSTON county court for Suffolk to be held in . 37, §7 fairs and market days established . 49, §1 penalty for galloping in streets of . 57, §1 deniers of the word of God to be committed to prison . . .59, §2 books of Reeves and Muggleton to be burned in market-place of . . 60, §3 composition of committee of militia in 110, §11 rule of seniority among captains of companies . . . . Ill, §11 order for division of foot companies in 217, §2 entertainment of Indians in, forbid- den 2-.'5, §1 account to be taken of strangers . 226, §7 strangers not to be entertained with- out authority .... 226, §8 acc(nints of Indian war to be audited at, 248a mint established at . . . . 117, §1 searchers of coin appointed . . 118, §3 shipping officer appointed . . 139, §3 special duties . . 140, §3 surveyors of damaged goods ap- pointed 295, §8 established as port of entry . . 298, §1 naval office establisheil • . . 289, §1 receiver of fortification dues ap- pointed 140, §5 country rates for 1C72 allowed for repairs of forts .... 203, §2 selectmen to regulate employment of porters 124, §1 penalty for refusal to serve as con- stable of, when chosen . . . 148, §5 cage for Sabbath-breakers to be set up in market-place . . ■ 250, §2 watch established to prevent exit of carts, etc., after sunset on Satur- day 269, §1 regulation of assize of bread . . 288, §4 number of licensed public houses, 320, §3; 351, §2 to send three deputies to general court 352, §4 commissioners to be chosen annually by freemen . . 21, §3 to be approved by- court of assistants, 21, §3 powers to try civil cases to ten jiounds, 21, §3 fees prescribed . 21, §3 jurisdiction to include Noddle's island . 21, §3 powers in criminal eases . . .22, §3 apiieal from, to court of assistants . . 22, §3 marshals and eon- stables to aid . 22, §3 commissions of, to is- sue under secrc- tarv's hand • ■ 2-', §3 368 Index to Colonial Laws. BOSTON, continued. BREWERS, fonfinKfrf. commissioners to piiiiisli disobiMlicnt liable in damages for furnishing un- L-liildreii .iml ser- wholesome beer t*t ship-masters . 11. §' vants -''. §•-' to be taxed on income 24, §■1 powers of. in civil BRIBERY :ind criminal cases, of jurors, penaltv . . . . 202, §1 extended 217, §1 BRICKS to puni
  • 9, §2 two or more reijuired for conviction . 158, §1 CAPITAL CRIMES thiril conviction of burglary or high way robbery .... idolatry witchcraft .... blasphemy .... murder, |)remeditated in anger fatal poisoning bestiality ..... sodomy ..... adultery man-stealing .... perjury in capital cases . treason . . . . 15, §12 cursing or smiting parent stubbornness .... repealed rape of maid or single woman . copulation with child under 10 year of age ..... arson ..... heresy, obstinate persistence in . 13 «1 . 14 §1 . 14 §2 . 14 ijS . 14 §* . 14 §5 . 14 S'i . 14 S7 . 15 «'< . 15 §9 . 15, «iio . 15, (ill ; 292 §3 . 15, «13 . 15, ijU . 291 «2 . 15, §15 . 15. «lfi . 00 §2 Index to Colonial Laws. CAPITAL CRIMES, continued. Quakers, on return from lianisli- ment, piracy and mutiny .... military service witli foreign enemy or against allies .... in military camp (see Laws and Ordinances of War). CAPITAL LAWS to he taught ciiildren . 20, §1, repeal of certain .... CAPITAL PUNKSHMENT sentence not to be executed within four days except under martial law body not to remain unburied . warrant for execution to be signed l>y the secretary .... reprieve may be granted . pardon only hv general court . CAPTAINS (see Militia) (CAPTIVITY (see Bondslavekv). CARDS (see Gaming). penalty for playing at . . bringing into the colony. CARPENTERS to he taxed on income CARli, wriAJA.M apjiointed surveyor of land CASK (see Gaiolks, Coopers). to lie of London assize . IG, §1 ; gangers and coopers to mark . defective, jienalty for sale of . forfeited if not marked length and quality of staves and lieadings ..... of ]iiekleil sturgeon to be branded . CASTLE, CAPTAIN OF to notify masters of vessels on arri- val to report concerning ammuni- tion imported .... to notify ships of port regulations regulations concern- ing strangers )f head nionev soldiers of, allowane CATECHISM to be taught children, apprentices, and servants once a week special directions to constables . CATTLE (see Common Eiki.ds. Goats. IldRsKS, Swine). wlien to be put in common fields towns to establish brand mark penalty for trespass if unmarked unruly, to he shackled proceedings in case of trespass may be impounded . 18. );.".; trespass on property in>uflicienlly fenced ...... rates of assessment for taxation reduced tax upon when brought from other colonies re])ealed . . . . number of, on common lands, lim- ited liberty to rest and feed when on the road customs duties on . impressed for ])ublic service, com- pensation for .... to be prevented from injuring In- dians' cornfields . . . . all sales to be recorded in toll-book . astray, finder to nolify conslaljle (U, §9 211, §!) 315, §1 149, §7 291, §2 .■?n. «1 •M, §1 .■50, 51 ;i.5. § + 35, §+ 58, §1 58, §2 24, §3 29fi, §9 283, §5 Ifi, |l Ifi, ()1 IG, §2 IV, §1 210, §4 12(i, §1 140, §4 143, i)l 352, «;5 20. §1 149, §7 17. §1 IS, ^3 18, i}3 18, §3 IS, S3 125, jjl 20, ijl 23, §3 301, §1 283, §4 287, §2 211, §8 42, §1 71, §S 73, §2 'G, §7 147, §1 142, §1 142, §1 142, 52 142, §2 142, §2 147, §1 2, P . 152, §1 1.52, ?1 . 20, «!l , 20, SI 21, S2 21, S2 100, §18 CATTLE, continued. to ])lace a withe about neck . astray, to be cried in the town of wliich they bear the brand- mark .... recorded with county court . disjiosition of, if unclaimed within one year loser to have liberty to seandi any toll-hook CAUSES (see Actions). age for appearance in civil cases to be first tried in inferior court may be reviewed in same court on ni'w evidence small, to be beard by any magistrate, commissioners, selectmen appeal to county court . oath of three men who hear, CENSURE of magistrates by governor . . 30, §6 of church, not to degrade from civil office 44. SIO by county court of publishers of heterodox doctrines . . . 01, §8 CHALLENGE of pirors ...... 152, §3 CHARtJES, PUBLIC (see Taxks). of officials in service to he paid by town or county .... 22, §1 civil and ecclesiastical . . . 22, §2 each inhabitant to contribute jiro- portionally to his ability . . 22, §2 for public service to be jiaid on treasurer's order in towns where creditors live .... 325, §3 CHARLESTOWN county court of Middlesex to be hehl in 37, §7 market d.av established . . . 49, ^1 committee of militia in . . 110, §11 searcher of coin appointed . . 118, §3 ap- for ap- selectmen to regulate employment of porters ...... receiver of fortification dues pointed ..... country rates for 1072 allowed repair of forts surveyors of damaged goods pointed . . . . established as ])ort of entry number of licenses to be granted CHAHTER of \'essel, refusal of owner to sign . CHELMSFORD designated as frontier town CHILDREN (see AoK, Parents). to be taught to read the English tongue ...... knowledge of the capital laws . catechised once a week . . • brought up to some calling unruly, t'l be placed as ajiprentices . disobedient, punishment for delits contracted bv, not recover- able . . ". not to be denied timely or convenient marriage ..... orphans, disposal of by court . not to fi'ec|Ucnt public bouses . for enticing, i)enalty . . . punishment for lying rcfiuired to sjun .... allowance in trials at law . 124, §1 140, §5 203, §2 295, §8 298, §1 351, §2 93, §2 247, 55 20, §1 20. §1 20, §1 20, j I 20, §1 27, §2 27, §4 28, §5 28, §0 27, §3 27, (=3 92. §1 141, i}l 152, J4 Index to Colonial Laics. CHILDREN, continued. special order to constables concern- ing of the church, to be watched over by tlie elders order concerning fifth command- ment punishment for absence from home iit night . . . . ■ CHRISTIAN' (see Chlrch, Worship, Hkicksy, Doctrink)' private nii'ttings of, allowed contemptunus hehaviur of, penalty, CHHISTMAS (see IIoi.idavs). penalty for observance of repealed . CHURCH (see Elders, Meeting-houses, MlNISTER>). liberty to gather churches magi.strates and elilers to approve . no otiier than church members to be freemen . . 38, § 12 repealed to exercise all the ordinances of God, to elect and ordain officers to exercise discipline freedom of doctrine and worship to celebrate days of fasting, etc. elders to consult .... to deal with iiieinbers under the hand of justice . magistrates and other officers censure not to degrade from civil ers not exempt from public service . . . , penally for refusal to serve, children of, to be watched over CI OKU tax upon sale in public houses . not to ho sold or given to Indians sale of. at trainings, forbidden CIVIL I'KIVH.KGKS not lo he abridged except by express law or word of God CLAI.M to title of real estate must be prose- cuted within five years . against insolvent estate to be proved within twelve months CLARK. XATIlAMKh a]>pointed naval officer for Newbury anil Salisluirv . . . . CLERK OK rillC ilANl) (see Mii.itia). 149, §' 233, §1 235, §9 230, §9 4-1, 512 44, S13 nl. §2 291, §-' 43. ?1 43, §1 ;43. §2 5t;, «i2 43, §3 4:! 8+ 43 (J.-; 43, ¥> 43 S" 43 §« 43, §9 44, §10 44, §10 44, §11 J+. §12 44, §13 44, §13 44, §13 44, §14 4.^, §1 + 4,5, §!,-> 45, §10 4.-), SI" 2( . §1 4G, §1« 4(;, §19 •>■ '• §■-' 2a , §3 .55 . §1 .1^ • SI 23c .§1 na . §4 7i .§•' 20. '■§1 1. §1 124, §1 2.->0, §4 313, §7 29, §1 29, §1 29, §1 29, §1 29, §1 18, §3 29, §1 0.5, §1 130, §2 1.30 §2 147, §1 1.57, §1 283, ,207, §6 §1 §♦ §2 . 264, §5 283, 287, CLERK OF COURT (see Courts). CLERK OF MARKET (see Market). CLEKK OF WRITS nominated by town and confirmed by shire court to grant summons, etc., in civil actions fees warrants to be directed to constable . to collect marshal's fees . to keep record of town brand-marks, grant attachment .... to register horses for transportation . to record births, deaths, and mar- riages ..... to record returns made yearly to re- cords of county court to keep toll -book of horses and cattle to notify court of resignation of ex- ecutor to record testimony taken out of court, 1">8. §2 to issue all processes in king's name, 101, §1 to require security on granting att.ach n)ent ..... to take security from strangers bring ing suit .... to receive tax upon cattle, etc., brought from other colonies repealed authority of signature of . CLOTHING (see Apparel). act to encourage domestic manu facture of ... . COASTERS, COMMON. constable to present to magistrate COINAGE mint established at Boston master appointed by general court stamp of coins prescribed value of alloy established allowance for coinini; weight of coins established committee of general court to lish mint exportation of coin prohibited searchers to l)e appointed . powers of . appointed by general court in certain towns authorizeil to break open chests, etc. constables to assist . Mexican pieces-of-eiglit declared to be legal cur- rency . at six shillings per ounce COLLECTOR OF FOR T (see Cistoms) duties of . oath l)re^cribed COLLEGE Harvard, in Cambridge . preparati(m of youth for . revenue of ferry continued to . annual allowance to president and fellows . to be levied in ad- dition lo country rate . students not to be entertained in public liouses .... board of overseers, to make orders . to dispose of rev- enues stab- 14 , fiC §1 117 §1 117 §1 117 §1 117, §1 117, §1 117 §1 118 §1 118 §2 118 §2 118 S2 118, §3 119. §3 119. §3 2n2a 294, §5 70 §3 109, §33 29, §1 130 §2 30 §1 30, §1 30, §1 27, §3 29, §1 29. SI Index to Colonial Lavs. COLLEGE, continued. board of overseers, quorum of . 29, §1 appeal from to full hoard . 29, §1 to distribiite an- nual allowance among presi- dent and fel- lows . . :!0, §1 to admit no in- structors un- sounil in tlie faith . . 13G, §3 officers liable for rates levied to pav war debt . . . "239, §20 of corporation excepted . 2.59, §20 COMMISSIONERS of the United Colonics, elected by bal- lot, 47, §2; 274, §1 form of com- mission . 163, §i> of sliires, appointed to carry votes to Boston . . . . 47, §3 to return names of nomi- nees to constable . . 48, §3 in Devonshire county, powers of . . . 218, §3 of towns, three freemen appointed by court 20, §1 fiiielitv to be approved by county court 22, §4 oath prescribed . . . IGG, iJH! to hear small causes. . 2. §4 ; 20, §1 to issue summons or attachment . 20, §1 to administer oaths . . G, §1;20, §1 to hear no cause in which they are concerned . . . . . 21, §2 appeal from, to county court . .21, §2 to dispose of cards or dice . . 58, §2 to fine brewers of bad beer . . 80, §2 to punish breach of tlie peace . . 11, §1 unruly cbildren . . 27, §2 gamesters .... .")8, §t drunken Indians . .78, §11 any tliat are drunk . . 81. §.5 siiiLjing in public houses . 84. §17 profaners of the Sabbath . 132, §1 drinkinij in taverns after sunset .... 133, §2 lu^glectiny to -.vatcli . . 1.^4, §1 to designate towns through which Quakers shall be whipped and number of stripes . . . . G3, II powers in case of suspected misde- meanor ...... 324, §1 for settlement of insolvent estates . 2.")0, §t assessment of taxes . . . 23, §3 of Boston (see H()St<^n). of lOssex, Middlesex, and Sussex, to set jirice of corn .... 2,"i, §3 of martial discipline, form of oath, IG8, §'iG for holding court among the Indians, 77, §9 for taking ti'stim(»nv of witnesses out of court. . ' . . . . 158, §2 COMMISSIONS to bear tlii' jvnblic seal . . . 135, §1 of militarv otficers (see Mii.itia). COMMON I''1KM)S no cattle to In- put in until corn is out 17, §1 maintenance of fen<-e . . . 17, §1 liberty to fence in severalty . . 17, §2 improvement of ... . 19. §7 not to be assessed for taxation . . 23, §3 liberty to keep sheep on . . . 137. §1 COMMON FIELDS, continued. to be cleared of wood and brush . 138, §1 restriction of privileges in towns . 149, §6 majority of jjroprietors may limit iuiuiIkt of cattle on . . . 211, §8 petialtv for keeping horses in without license 209, §3 COMMONWEALTH to read " jurisiliclion " in laws jirior to 1G81 291, §2 COMP.VNY (see Mii.itia). CONCORD designated as frontier town . . 247, §5 CONDEMNATION (see Skxtknck). CONFERENCE of elders of churches . . . 43, §8 CONFISCATKJN of liglit weight I)reMd . . . 9, §1 of lands and goods for non-ai)pearance in capital cases . . . . IG, §17 of defective casks .... IG, §1 of imported goods landed before entry, G7, §1 if bulk is broken . 298, §2 if laden or unladen in night-time . 298, §3 of goods and vessels trading with Indians .... 75, §2; 247, §8 of certain provisions brought from Eiiropr for sale, 106. §2 suspended . 2.39, §19 of estate of exporter of coin . .118, §2 CONSCIENCE (see Doctium:, Hkkesv). Iibertv of, in voting .... 153, §1 CONSIGNEE (see CtisToMs). to pay duty on imported goods . . 70, §2 certify value to collector . . 71, §5 CONSPIRACY to rebel against the commonwealth punished by death . . .15, §12 to surprise towns or forts . . 15, §12 to subvert the frame of government, 15, §12 repealed . . . 291, §1 reenacted, substituting " sovereign "for "com- monwealth " . . 293, §3 torture authorized to compel convict to reveal confederates . . . 129, §1 of jurors to render false verdict . 201, §1 oath to disclose, against sovereign . 262, §1. CONSTABLES to be elected annually by towns . 147, §1 eligibility to office of . . . 148, §4 property qiuilification re- moved .... 352, §G oath pres. $4 levy by distress .... '2'>, ^^ to account to treasurer by May 1 . 'J'}. §4 to collect after exjiiration of term . 25, §4 to inform of persons entertaining youth 27, §3 to Inflict whipping or punishment or- tlered in tlieir own towns . . 31, §1 to convey ort'enilers .... 31, §2 to put forth and pursue hue and cry, 31, §2 to apprehend witliout warrant ccrlain ofl^'enders 31, §2 to search licensed houses . .31, §2 to summon jury of inquest . . 3!), §1 to make returns of elections of depu- ties to general court . . . 41, §2 to receive and transmit vote^ of towns 47, §2 to impress assistance for apprehend- in;; and wliippin;; (Quakers . . 03, §10 to ajiprehend )iersons found at a Quakers' meelini; . . 234, §4 ; 250, §3 to take notice of idle persons . . (!(>, §1 present list of, to selectmen. 23f., §10 to warn, jurors ..... SO, §1 to seize male, etc., brought from Eu- rope for sale . lOG, §2 repealed . . lOG, §3 to hang sheep-killini; dos . . 138, §2 in |>ort towns to notify vessels to re- port passengers on arrival . . 143, §1 to notify courts of strangers admit- ted without license . . . 144, §1 to serve all warrants of selectmen . 1.50, §>f to apprelienil vagabonds . . . 153, §1 to order watch ..... 154, §1 to provide standard weights and measures for towns . . . 155, §1 to verify tally of wolves killed . IGO, §3 to require artificers to labor at har- vest, on request . . . 101, §1 to arrest delinquent soldiers on of- ficer's warrant .... 204, §3 to make quarterly list of persons who have not taken oath of fidelity . 257, §1 to convene inhabitants to take oath of allegiance .... 263, §2 to read the Sabbath laws at some jiublic meeting . . . 272, §10 to seize liipior on sale at trainings . 2(>5, §1 to a'isist tithing man . . .275, §t to present names of persons racing horses for inoiU'V .... 347, §1 to furnish information of single women entertaining lodgers . . 210, §4 penalty for refusal of citizens to as- sist 31, §2 proceedings in cases of resistance of drunkard to assist . . . 81,§5 allowance from fees to marshal-gen- eral 103, §5 oriler for settlement of accounts of, in corn ...... 29Ga question as to authority, resolved . 288, §3 military commissioned otHcers ex- empt from service as . . . ,352, §7 fine for refusal to serve, ill Salem . 247, §G CONlKMl'l' UF COUUT not hailahle 74, §1 failure to ii))pear to answer present- ment of grand iurv . . . 88, §fi CONTHACTS (see Dkbt). to be satisfied in goods or money as specified l-'O, §1 CONTRACTS, continued. corn, etc., no longer acceptable in place of money .... 121, §2 COXVEYAXCES (see Dkkds). act concerning ..... 32, §1 form prescribed .... 353, §1 COOK-SHOP must be licensed . . . .84, §18 COOPERS (see Cask). to have a distinct brand-mark on his own casks 10. §1 staves, length and quality prescribed, 17, §1 COPULATION with beasts, punished by death . 14. §7 with maid or single woman . . 15, §15 with chilli under 10 years of age . 15, §16 CORD of wood, measurement established . IfiO, §1 CORN taxes payable in . . . .24, §3 price to be set . . . . 24, §3 when taken in distress, security to be given . . . . ". . 4I,§1 use of, in election of assistants . 47, §1 penalty for wanton destruction . 51, §1 servants' and workmen's wages to be paid in 105, §5 acceptable for county taxes at country rates '. 152, §5 measurers of, appointed . . . 15u, §2 cornfields, maintenance of fence about . . . . 17, §1 insiitticiently fenced, no ilaniage by trespass . 20, §1 of Indians to be pro- tected . . . . 7fi, §7 of .absent soldiers to be cultivated . 245, §1 CORPORAL PUNISHMENT (see Tok- TURE, WhIPI'INo)- COUNCIL OF THE COMMON- WEALTH comprised of governorand assistints, 3l!, §1 to be called by letters from governor, 33, §1 seven, including governor or deputy, to have power to act . . . 33, §1 in extraordinary cases, as many as may assemble .... 34, §1 power to impress soldiers, etc. . 34, §1 to reprieve condemned malefactor . 35, §4 to determine doubtful cases of cus- toms duties 72. §12 to abate military fines . . . 24U, §2 to grant lilierty to persons of military age to leave town . . . 248, §10 COUNSEL not to be sought of magistrate who is to hear the cause .... 34, §1 COUNTY (see County Colrt, Co.mmis- SIOSKKS, MiI.ITIa). to jirovide a house of correction . 127, §2 of Devonshire, established . . 218, §3 provision for court in . .221, §9 accounts of, for Indian war, to be audited at Boston .... 248a to pay bounty for wolves killed . 100, §3 not liable if killed in another county . 325, §4 meeting-houses erected without au- thority, forfeit to . . . . 207, §!) COUNTY COURTS (sec Ma..isti(atks. AssociATKs, AcrioNs, Witnksses). to be held by resident magistrates . 30, §7 number of judges .... SO, §7 jurisdiction of . . . . . 36, §7 10 Index to Colonial Lans. COUNTY COURTS, continued. COUNTY COURTS, continued. to determine settlement of pau- commissioners to have powers of, pers 123 . §' among Indians . . . . 77 §!> to refer difficult questions to general acts of an associate and magistrate court ...... 38, §11 valid . . . . \ 208 §2 disagreed cases to go to court of question lis to legality of judgment assistants . . . . .87 §+ at adjourned session, resolved 288 S''"' to appoint clerks and other officers . 3fl §' adjournment of ... . 30 tl summon juries, etc. . . .36 §7 in Dover and I'lyniouth, appeal to . 4 til times and places of holding . . 37 S' in Devonshire, est.iblished 218 §:! special courts for strangers . . 38 §8 provisiiui for holding. 221 §!» to appoint commissioners to hear clerk of, to return reason of appeal small causes . . . -'0,^1; 22 §-t to court of assistants 4 §2 associates for . . . . .21 S-' to sign warrants fur ju age .... §1 insolvent estates .... 250, §+ CRUELTY (see I'iinisiiment, Torture). to empower heirs, etc., to sign deed to animals forbidden 30, §1 of sale 2'.I6, §11 of master to servant 105, §, §33 . TO. §4 1, §5 1, §6 to mark parcels to receive cerJified invoices, to levy duty by distress . to rate goods improperly invoiced . ■ . Tl, |T wines and liquors, entry of, 67, §1 ; "0, §.i ; 31.9, §1 CUSTOMS, continued. wines and liquors, rates upon goods 68, §1; 25», §10 and provisions, ratable as other estates . . .70, §1 valuation of . . • • '0, §2 after payment, not to be again rated the same year . • T2, §11 master or purser to certify goods to collector . . "0, §3 parcels to be marked with name of consignee . . .70, §4 value to be certified . . 71, §5 duty to be levied by distress on failure to pay . . . '1, §<; penalty for falsifying invoice . 71, §7 special duty on European malt, 209, §1 export charges, on cattle goods, hides, etc. law of 16G8 repealed law to be i)ublished in Boston and Charlestown ..... Pascataqua river, questions con- cerning collections in . CUTTS, RICHARD appointed receiver of fortification dues at I'ascataqua I,. 71, «9 72, §12 72, §12 72, §14 140, §5 3, §8 •2 §3 11, §1 12 §•-' 18, ij:! 18 §4 DAMAGES claim for excessive • in actions of trespass may be recovered by ship-master from person furnishing unwholesome beer for injury by defective highway, etc. by trespass of civttle of gnats ... of swine or calves, 20, §1 , 145, §2 by reason of insufficient fences . ^0, §1 not exceeding 40 shillings, may be determined by magistrate or com missioners .... by negligence of master of vessel by fouling at moor.ige by collision with vessel at anchor of goods at sea DANCING forbidden in public houses DAN FORTH, JONATHAN appointed surveyor of land DE.ATH (see Capital Crimes, Cai-itai rtlNISHMEST). untinuly, mquesttipon record of ..... to be reported to clerk of writs DEHT (see Arrest, Assignee). imprisonment for ... liberty, on bail ... assignee to recover as fully as assignor, 10, §1 suit for. to 40 shillings, may be heard by magistrate or commissioners . not recoverable of minors of sailors, by inn- keeper for liquor, by inn- keeper outstanding on books to be balanced within three years unless prosecuted in court, 40, §1 time extended, 204, §1 , 219, §1 ; 2.-.3. §9 repealed . . • 260, §0 20, §1 96, §11 9fi, §12 , 97, §13 , 97, §10 . 57, §1 296, §9 39, §1 130. ^2 130, §2 fi, §2 §1 20, §1 27, §4 134, §1 271, §6 .39, §1 DEBT, coniiniied. to be paid in kind, according to eon- tract . . . . • • corn, etc., no longer acceptable in place of money .... payable in wampum to 40 shillings . rate of interest on. established . delivery into service for . against estate of deceased, when ex- ecutors are liable for DEDHAM searchers of com appointed . . DEEDS (see Estates, La>i>8). sale of house or land not valid without .... to be recorded exceptions . . • • form of, prescribed . . 32, §2; invalid wlien obtained by force . when fraudulent . when grantor remains in possession, invalid unless recorded penalty for refusal to acknowledge . clerk of shire court to enter grantor may enter caution penalty for forging .... record of ..... transcript of DEFAMATION of cdurls or magistrates . by reproachful speeches in open court county court to hear appealed cases of DEFENDANT (sec Actions). age for outside jurisdiction of court service of summons upon with consent of plaintiff, may choose manner of trial . . . . may challenge jurors . . . penally for seeking advice of sitting magistrates 120, §1 121, §2 154, §1 153, §1 305, §5 157, §1 118, §3 32, §1 32, §1 32, §2 353, §1 3'.', §3 32. §3 33, §4 33, §4 33, §4 33, §4 54, §1 130, §1 131, §3 30, §6 3G, §6 21, §2 2, §1 T, §1 7, §2 152, §2 152, §3 34, §1 12 Index to Colonial Lavs. DEPUTIES (see General Court, Elec- tions). to general court, towns to send . IS"), §1? allotment of . > 40, §1 freemen to choose by ballot . . 40, §1 oath . . . 34, SI duties and powers . 34, §2; 40, §1 misconduct of . 3(1, §(! not required to be resident of towns where chosen .... 40, §2 power to determine election of mem- bers when met in general court . 40, §2 to liold offlee for one year only . 41, §2 must be Drthodox Protestant . . 41, §2 penalty for absence from sessions . 41, §2 attorneys in inferior courts ineligi- ble 41, §2 to receive and transmitvote of town for assistants, etc. . 47, §2 for general officers . . 274, §1 may present petitions without fee . 121, §1 exempt from military service . . 100, §!) from constable's watch. . 155, §2 from ferriage tolls . . 50, §1 clerk of, to enter petitions and receive fees for 121, §1 DEPUTY GOVERNOR elected by ballot . . 47, §2 ; 274, §1 ; 282, §3 oath prescribed .... 164, §'J to be member of bo.ard of overseers of Harvard college . . . 29, §1 power, with governor, to reprieve condemned malefactor , 35, §4 to call general court upon urgent occasions . . 35, §5 to call court of assistants for trial of capital cases .... 31!, §7 to hold special court for strangers . 37, §8 DESERTED TOWNS regulations ofresettlement . 267, §10 DESERTION in time of war, penalty . . . 230, §6 DEVONSHIRE county of, established . . . 218, §3 provision for court in . . . 221, §'.) DICE (see Gamino). penalty for iilaying nt . . . .58, §1 for bringing into tlie colony . 58, §2 DISABILITY as i)enalty for forgery . . . 54, §1 DISBURSEMENTS for Indian war, committees to audit . 248 a rates established 253, §12 DISFR.VNCHISEM ENT for defamation of magistrates . . 36, §6 DISSENT of minority of court, etc., to lie re- corded 128, ?1 DISSOLUTION (see Adjournment). DISTILLER to bi' licensed bv county court . 84, §16 DISTUKSS of goods or estate for taxes . . 24, §3 of i)erishable produce, security for . 41, §1 for non-payment of customs duos . 71, §0 of goods or vessels for non-payment of fortilieation dues . . . 140, §5 DISTRESS, continued. towns may levy penalties by . . 147, §1 sealer of weights and measures to levy lines by .... 156, §1 DISTURliANfE in public house . . 84, §16; 250, §1 in house of worship .... 234, §6 DIVORCE to be tried before court of assistants at Boston 36, §7 woman, when innocent, to retain right of dowry .... 42, §1 DOCTRINE (see Church, Hkkksv). freedom of .... . 43, §6 determination as to orthodoxy . 44, §13 penalty of open disparagement . 44, §13 heterodoxy ..... 46, §18 errors of, defined, with jienalty . 50, §1 penalty for denying the Scriptures to be the word of God . . .59, §2 for second oM'enee . . 60, §2 erroneous, county court to censure the publisher ot . . . ers of lioard of overseers of Harvard College . 29, §1 exempted from keepini; arms . . 109, §7 from military service . 109, §9 from consUible's watch . 15.5, §2 rights of, on ferries .... .50, §2 to watch over children of the church, 233, §1 ELKCTIOX.S (see livu.OT). of general officers . . 35, §3; 274, §1; 282, §3 by ballot . . 47, §2 of assistants by Indian' corn and beans . . . . . . 47, §1 of deputies ..... 40, §1 freemen to attend without summons, 35, §3 court of, at Boston, to receive prox- ies sealed ..... 47, §2 nomination of magistrates . . 47, §3 conmiissioner to de- clare the candidates, 48, §3 Quakers and non-attendanis on [iiib- lic wiirslii)! disfranchised . . 48, §5 EMBEZZLliMKNT by servants and workmen from mas- ters 13, §1 by master of vessel .... 94, §4 by executors or administrators . . 157, §1 ENGLISHMEN no others to |inrcliase estate sold by order of ciiiirt . . . . fi, §1 qualifications as freemen . . . hCt, §2 e.fempted from customs duties . . , §1 ESTATE, continued. fee for entry of orders concerning intestate 130, §1 insolvent, administration of . . 250, §4 of children under guardianship . 211, §11 of insane, to be managed by select- men 248, §9 heirs, etc., may be empowered to sign deeds of sale. . . 296, §11 form of conveyance . . . 353, §1 EVIDENCE of Indian valid against person fur- nishing liquors . . .78, §11 in cases of illegal sales of liquor . 83, §13 new, may warrant new trial . . 152, §1 EXCISE on cider, ale, etc 69, §4 sworn returns to be made monthlv or weekly ' . 09, §4 EXCOMMUNICATION denial of power of Pope in . . 2G2, §1 EXECUTION (see Arrest, Attach- ment). not to be granted till 12 hours after judgment 3, §1 plaintiff to give receipt for . . 7, §1 warrant for, to be signed by clerk of court .... 30, §1 for death, to be signed by secretary .... 30, §1 may be directed to marshal general . 324, §2 to be levied by marshal . . . lO'J, §2 not by ileputy . . 220, §4 may break open house . 103, §7 include charges in levy, 104, §8 to be recorded by clerk . . 103, §2; 220, §5 form of, prescribed .... 320, §2 to issue against goods, and for want thereof, the person . . . 313, §3 upon person for debt, county court must approve . . 305, §5 security be given . 283, §6 to hold only against person sum- moned 288, §6 against person who dies, to hold against estate .... 288, §6 failure to take out within one month after judgment releases attach- ments 144, §1 goods exempted from . . . 104, §8 respite of, in case jury is attainted . 201, §1 if frustrated by fraud, a new one to issue 214, §1 EXECUTIONER, COMMON to burn books of Ueeves and Muggle- ton GO, §3 EXECUTORS to bring suit as such . . . 8, §1 to make [irobate of will at next coun- ty court ..... 157, §1 liable for debts of estate in case of neglect ...... 157, §1 notice of resignation of executor- ship 157, §1 of intestate, next of kin to be ap- pointed 158, §2 accountabilitv to county court . 330, §5; 333, §1 EXEMPTION from restriction of apparel . . 5, §1 from serviiuile ..... 10. §-J from public charges ... 22, §1 14 Index to Colonial Lau:^. EXEMPTION, continued. from I'Diinty rates IVdiii all laxalidii from levy liy distress from votins from payment of ferry tolls from import tax from impressment from imprisonment . from escheats anil forfeitures from proviiling arms from nnlitary service from obligation of oatli from cruel punishment §1; §5; r4, §1; 23, §3 lii;, §1 104, §8 153, §1 50, §1 fi7, §1 73, §2 lfil,§l 88, §1 io;>, ij7 l(l!l, §!) 11!), SI 129, §1 EXEMPTION, continued. from arrest, sailors .... 134, §1 from eonstahle's watch . . . 155, §2 from service as constable . . . 352, §7 EXETER designated as frontier town . . 247, §5 EXPOK'r (see Customs;. of raw hides prohibited . . . (;4, §1 coin 118, i)2 sheep's wool 219, §2 raccoon's fur 220, §3 provisions .... 239. §J1 repealed .... 2(;4, §G F.AITII (see DoctniNE, Heresy). FAIHS dates and places of holding . . 49, §1 FALSE-WITNESS (see Perjdrv). FARMS to he of the same town in which they lie . . ... . . 49, §1 exemption of distant farmers from attendance on trainings . . 109, §9 FASTING (see Ciiiihches). day of, to be celebrated by churches, 43, §7 every person to attend wor- ship . . . . .45, ^15 FEES for entry of actions (see .Vctions). of special town officers (see under title of office). of marshal 103, §4 of clerk of court for recordini; . 130, §1 of clerk of writs for recording births, etc 130, §2 of clerk of writs for registering horses ...... 65, §1 FENCES about common fields, to be main- tained by occupiers . . . 17, §1 selectmen may order in case of dis- agreement . . . . . 17, §2 selectmen to make orders for repair- ing, etc 19, §('. penalty for neglect of warning . 19, §(1 between adjoining lands, expense of, 19, §" how valued . 19, §7 between house-lots . . . . 20, §1 no danuige for trespass on ground insufficiently fenced . . . 20, §1 Indians to receive help of town in constructing .... 7fi, Jj7 what are sufficient against swine . 145, if2 penallv for breaking down . . 330, §2 FENCE-VIEVVEUS selectmen to appoint . . . 19, §fi fees to be levied upon corn or otlicr estate 19, §('1 FERRY between Charlestown and Bostim, revenue continued to Harvard college 30, §1 grants to include sole right of carry- ing passengers .... 50, §1 canoes not to be used . . . 50, §1 men may pass in their own boats . 50, §1 fares at Weymouth established . ,50, §1 at night double. 50, §1 magistrates and deputies free . . 50, §1 regulations against overloading and of precedence in service . . 50, §2 FIDELITY oath of, form prescribed . . . Ifi3, §6 required of inhabitants and strangers .... 257, §1 refusal of, to cause forfeiture of civil rights . 258. §1 ; 340, §4 FIFTH COMMANDMENT (see Par- ents, Ciiii.dren). order for observance of . . . 235, §9 FINES for misdemeanors (see under titles of offences). to be paid forthwith .... ]iriivisions for collection in default of payment ..... remission of by court secretary and clerks to account to treasurer FIRES (see Arson). regulations for kindling in woods or common fround penalty for wanton destruction by . for firing barn, etc. dwelling-house, etc. FISH (see Casks, Fishermen). assize of cask for packing cullers of fish to be appointed . oath prescrilied . duties and powers fees .... unmerchantable .... by reason of use of Turtoodas salt ..... not to be taken in spawning-time mackerel, for salting, not be- fore July .... whale or great fish cast ashore to belong to the country . regulation of pickling sturgeon FISHEUMEN (seeKisii). to use harbors and lands adjoining for drying fish .... regubitions for taking firewood discrimination against foreigners . explanatory and repealing act liberty to cut flakes regulated regiilatiim of crews must complete voyage for which tliey have shipped exempt from military service . must attend training when at home . FISHING. great ponds to be reserved for pub- lic usi' 91, §2 fjs///:r, K.vs/a.v appointed searcher of coin in Dedliam, 118, §3 51, §1 51, §1 51, §1 151, §4 51, §1 51, §1 51, ii2 52, §2 • IB, §1 ■ 52, §2 170, §34 ■ 53, §2 • 53, §2 53, §2 54, §6 53, §4 53, §5 Ifil, §1 209, §4 52, ?1 52, §1 52, §1 53, §3 53, §3 53, §4 2G6, §5 109, §9 ] . 209, §2 Index to Colonial Laws. lo riSK, DA VID appiiintuil Kurveyor of land . . 296, §9 FLINT, JOHN appointed surveyor of land . . 29G, §9 FLINTS towns to provide for soldiers . 237, §13 FOitKKi.NKK (see Aruest, Attach- ment, Action). debtor's estate not to be sold to . C, §1 must give security in action against a settled inliabilant . . . ", §1 forbidden to trade with Indians . "o, §2 liberty of Rpev'ch and petition . . 90, §1 FOKFEITl'liK of raw bides delivered on ship for export 04, §1 of condemned leather, etc. . . 90, §5 of pork bearini; ear-marks offered for sale by Indians . . . 206, §1 of wool shipped for exportation . 219, §2 of raccoon iiirs and skins . . 220, §3 FOKGEUV penalty for 54, §1 FORMS prescribed for oaths, etc. . . 162 FOKNICATION (see Uastard, Broth- el, Whorkuom). penalty for ..... 54, §1 disfranchisement at discretion of the court 54, §2 provision for bastard child . . 55, §3 punishment for bawdy conduct . 20H, §3 by soldier, i>enalty . . . 230, §14 FORTIFICATIONS comnnttee of militia an provisiiin for re|iairiit'. Mt lioston.etc, 203, §2 FOURTH rOMMANDMENT (seeLoitu's Day). penalty for denying morality of . i.9, §1 FOWLERS unprofitable, to be presented to magistrate 60, §1 FREEUO.M < IE THE COMMONWEALTH (see FiihiC-MKN). conditions of eligibility to . ."JO, §2 ; 210, §.'. FREEHOLDERS of orthodox faithtobe made freemen, 56, §2 FREEMEN must be members of church . 38. §12; 43, §2; 55, §1; 56, §1 FREEMEN, continued. repeal of church membership qualifi- cation .... substitute qualifications general court to decide upon appli- cations ...... county court to administer oath form of names to be certified to secretary copy of records of names to be fur- nished ...... to choose deputies to general court, every freeman to vote eligible to election as deputy penalty for voting for improper per- son as deputy .... l)enalty for refusing public service . disfranchised for non-attendance on public worship .... to elect assistants by corn and beans, general officers by ballot to nominate magistrates . to discharge general officers . powers of, in towns .... penalty for offensive conduct at town meeting ..... to fix rates of wages in towns . to protect servant fleeing from cruel master ...... consent of, required for erection of meetinghouse .... of seaport towns to choose a seizer of hides ...... in county, to choose treasurer FREKillT to l)e satisfied out of goods in default of payment ..... FRENCHMEN forbidden to trade with Indians FRONTIER TOWNS designated to establish garrisons; ti> maintain scouts ...... to send aid to each other FUGITIVES from justice, charges for apprehend- ing of Christian faith to be succored FURS customs regulations concerning trade in, with Indians, prohibited . of raccoon not to be ex|)orted 56, 56. 210, §2 §2; §5 56, 56, 1(;3. 38, §2 §:< §7 S12 38. 40, 40 40 \\2 §1 §1 §-' 41 §2 §1 48 47 47 47 4M 147 §5 §1 §2 §3 §4 §1 147 104 §1 105 §0 267 §9 205 150, §2 200 §2 75 §-' 247, §5 240 247, §5 §5 31, 143, §2 §1 71 75, 220, S4 §■1 G 57, §1 GALLOPING in streets of Boston forbidden GAMING shuflleboard, bowling, &c., forbidden in jiublie house's .... for moniy, in any place with cards or dice .... penalty for having implements in possession ..... by soldiers, with loss of arms by running horses, forbidden . GARRISON committee of militia to establish order regulating harvested grain to be placed under protection of ... 240, § no person of military age lo leave town without permission from com- mander ()f .... 240. § . 57, . 57, . 58, in . .58, 231, § . 347, . 227, 232, 10 GAUGER (see Cask, TArKERV of casks, to be ap|H>inted annually . to mark casks of due assize to pack in no defective cask . fees ....... act explanatory and additional GENERAL COURT to consist of magistrates and deputies provision for election of, 35, §3 ; to be called by governor when im- portant business requires 3.3, §1 form of dei)uty's oath prescribed magistrates and o. s;5; 313 S'i GIFTS, continued. by citizens for educational purposes county courts to appoint trustees to Harvard College, disposal and managciuent of . GLOUCESTER shipping officer appointed number of licenses to be granted . GOATS double damage for trespass by rateil for tnxation . . . . GOFFE, ClIKI^roniER proclaimed pirate . . . . GOVERNOR elected by ballot, 47, Ji2; 274, §1; oath prescribed . . . . to be member of board of overseers of Harvard College to hidd special court for strangers . power, with deputy, to reprieve con- demned malefa<'tor to call general court upon urgent occasion . . . . . to have casting vote in court of as- sistants and general court to censure magistrate using unseemly language in court to call ccmrt of assistants for trial of capital eases . . . . to appoint a private mark for coin- age every three months to appoint surveyors of vessels in construction . . . . . GRANTS of benevolence by general court not to be made except when there is a surplus in the treasury above in- debtedness . . . . . of land by towns arc in fee simple . confirmation of to be surveyed committee appointed to examine. GUARDIAN age to make choice of . to plead for ward , . . . to liring suit . . . . . full power DVi'r estate of ward, ; to give bonds to court . . i 9, §1 9, SI 29, SI 1.30, !53 351, §2 18. §4 23, §3 355, §1 282, §3 164, §8 29, §1 37, S8 35, §4 35, §5 35, §6 3G, §G 3G, §7 117, §1 138, §1 9 353, .354, §1 SI S2 2!1G 290 §9 Sfi 1 2 s' 211, SI SI SI <11 212, S'l HAIR Iienaltv for wearing long . . . 233, §2 HAMI'SHIKK tinu' and place of holding county court 37, §7 date of regimental meetings . 1 Hi, §22 compensation of major, IIG, §22 committee appointed to examine war rates 248a special committee appointed to ex- amine lands for taxation . . 29Gb IIAMI'TON coutity court for Norfolk to be held '" •"•'. S" IIARIiOR (see Vessels). no liallavt to be cast into . . 9, §1 dues collectable from strange sliips . G9, §3 foreign traders to have free access . 139, §2 ]iort charges . . 140, §5 regulation of anchorage at Roston . 157, §2 penalty for casting dirt into cove . 157, §3 HAliVARD (X)I,LEGE (sec Coi.i.ege). act concerning management of . 29, §1 HARVARD COLLEGE, continued. president, etc., exempted from keep- ing anus . . . . . from military service, HAVERHILL designated as frontier town enlistment of troopers in . //.-l AY, /■;>', .WSEl'/f appointed surveyor of land //.I II rrroRXE, wiij.ia.m appointed receiver of fortifications dues at Salem and Marblehead II A V when taken in distress, security to be Riven HEIRS (see Wills, Inheuitance). of intestate, division of estate among ...... HERDSMEN cxemiit from military service . HEREDITAMENTS (sec Houses. I/ANns, Deeds, Moktgages, l.s- iieritance). 109, §7 109, §9 247, §5 313, §» 29G, S9 140, §5 41. SI 158 S3 109 §9 Index to Colonial Laics. 17 r,n, 59, 50, 59, 60, 60, CI,' 136,1 ■1, 205, 89, L'05, HERESY (see Church, Doctrines, Metkrodox, Quakers). definition of punislu'il by banishment . Anabaptist!) ..... penally for denial of Scriptures to be word of God ..... book< of Kucves and Mugglcton to be burned ..... Quakers, etc., forbidden entrance to the colony ..... HETEKODO.W (see Church, ])oc- THINI., IIkRESY). publishers of, to be censured . teachers unsound in the faith not to lie employed ..... HIDES (see Cuhi!Ier.s, Leather, Tan- ners). export duties on ... . raw, not to be exported . 04, §1 ; tanners only may buy repealed penalty for neglect to properly dress ..... HIGHW.WS in country, to be laid out with advice of adjoiniuLt towns not to be laid through orchards, etc. widtli of, in common grounds, etc. repair of bridges upon . towns to satisfy damages to private property In towns, to be laid out by selectmen, responsibility for injury by defect in . . . damages to be satisfied Workmen may be impressed to repair no person to be charged with repair of, through his own ground removal of gates or rails erected upon . . G-'i, raeinghorses on, forbidden, 347, surveyors of, elected ann'lly by towns, 147, penalty for refusing to serve . . .55, niOnW.AY KOBBEUY (see Roduerv). )11.N(;1I.\.M nnmbcr of licenses to be granted . 351, IIOfiSIlKAl) (see Cask). UiiL'lh and quality of staves prescribed, 17, HOLIDAYS observance of Fast. Thanksgiving, etc., enjoineil . . 4.'?, of Christmas forbidden 57, repealed . 291, G4, §2 G4, §1 64, §1 64. 12, §1 §1 64, 64, 12, 05, §2 S2 •12, §3 65, §3 §1 HORSES penalty for use without leave of owner, 19. §5 rate of assessment for taxation . 23, §3 ; 253, §U penalty for galloping in streets of Boston 67. §1 of strangers, to be provided for by inn-keepers 82, §10 for transportation by ship, to be registered by clerk of writs . . 65, §1 not to be sold to Indians . . . G5, §1 stallions not to run on common unless approved by selectmen . . . 66, §2 not to be taken up as astray from April to December . . . 142, §1 all sales to be recorded in toll book 147, §1 penalty for going unfettered . . 209, §3 rate of biro for country's use fixeil 246, §4 ; 254, §12 racing for money forbidden within limits ... . . 347, §1 tax \ipon, when brought from other colonies . . . 283, §4 repealed .... 287, §2 HOUSEHOLDERS riualifications as freemen . . . 5G, §2 HOUSE (see Estate). firing of, cajiital crime . . . 52, §2 tindisputed occupancy for five years to confer title .... 124, §1 to be alloted to no stranger without license 143, §1 HOUSE OF CORRECTION each county to jirovide . . . 127, §2 county court to appoint a master . 127, §3 regimen and discipline of . . . 127, §3 commitments, by one magistrate . 127, §3 of bawdy persons . 208, §3 of persons found at a Quakers" meeting . 234, §4 of incorrigible chil- dren disturbing meeting . . . 234, §6 of idle persons . 236, §10 for neglect to take oath of allegiance . . 263, §2 of Indians found off their reservations . 289, §1 HUE AND CRY constable to put forth and pursue in absence of magistrate . 31, §2 penalty of neglect in capi- tal cases . . . 31, §2 charges of 31, §2 HUSBAND (see Marriage). penaltv for striking wife . . . 101, §1 IIUTCIIlkSON. CAI'T. ELISIIA appointed surveyor of land . . 296, §9 IDIOTS allowance in trials at law. . . 152, §4 IDLKNE.SS (see House of ('oiireublic houses . 69, §1 ; IMPRESSMKNT warrant for, by whom issued . must be grounded upon some act of general court . . . . of laborers on public works 68, §1 304, §1 329, §1 82, §il 73, §1 73, §2 73, §1 18 Index to Colonial Laws. IMPRESSMENT, continued. of laborers, not to be compelled to work from home above one week . . .73, §1 to have reasonable wages anil allowance . . 73, §2 o.temiition* . . . 73, 4)'J of soliiiers, in ilefen.sive wars only . 73, §2 ; 111, §11 of cattle or goods, payment for use and com])ensation for loss . . 73, §2 of carts, etc., for execution of laws a.uainst Quakers .... 03, §10 of men and boats for pursuit of run- away servants .... 104, §3 of troopers to serve as foot soldiers . 2".'0, §2 repealed . . 242, §2 of men to harvest corn of absent soldiers . . . 23S. §18; 24."), §1 of workmen for powder-mill at i)or- chesler 237, §1.5 IMPRISONMENT (see Arkest, Bail, Deut, House op Correction). for failure to pay taxes . . . 24, §3 for refusal to acknowledge deed or mortgage 33, §4 for non-payment of fine . . . 51, §1 no man's person to be restrained be- fore sentence, if he can furnish bail, 74, §1 except capital cases and con- tempt of court . . . 74, §1 of debtor for failure to pav in kind specified . . . " . ■ 121, §1 INCOME from trades, tax upon . . . 23, §3 INDIANS lands, title to improved . . .74, §1 when civilized, to have allotment of township ..... 74, §1 rights in court against any dispossess- ing them ..... 74, §1 no person to buy or obtain grant of Indians without license . 74, §2 except discoverers of mines . 117, §1 planted ground to be protected . 7(), §7 towns to give help in fencing . . 7(), §7 trade with, prohibited, in ammu- nition, 7.-., §2; 237, §14; 247, §8; 285, §1 in horses ..... 65, §1 in armor or weapons . . 75, §2 all foreigners forbidden . 75, §3 in furs ..... 75, §4 in liquors .... 75, §5 cxcejit in case of sickness . 70, §5 boats, skiffs, etc. . . .75, §0 trading-houses to be abolished . . 70, §5 ; 237, §14 treasurer may issue licenses . . 78, §12 laws to be made known to them once a year . . . . . . 77, §8 commissioners to be appointeil to hold court . . . . .77, §'.) pow-wows forbidden . . . 77, §10 liquors to be seized .... 77, §11 drunkenness j)unished by whipping, 78, §11 bounty for wolves killed . . . 100, §2 forbidden to ])laceear-n)ark on swine, 200, §1 forfeit of marked pork offered for sale by 200, §1 order restricting movement of, dur ing hostilities .... 223, §1 residences of, fixed and named . 223, §1 lawful to kill .any found skulking, 223, §3; 2 1 3," §5 repealed 252, §7 INDI.VNS, continued. forbidden entertainment in Boston . 225, §1 placed on islands, not to go off on pain of death . . . 238, §17 bounty if taken prisoner south of Pascataqua river .... 243, §5 to be em])lciyed as scouts . . . 240, §5 settlement and education of . . 251, §7 forbiilden to carry guns without cer- tificate . " " . . . . 252, §8 allowance of ammunition . . 285, §1 to remain on the lands reserved to them 289, §1 lately hostile, not to be bought or kept ...... 345, §1 INDI.VN WAR (see Indians, War) friendly Iiulians restrained during hostilities . . . 223, §1 ; 237, §14 ; 238, §17; 247, §8; 251, 7; 252". §8 regulations for town of Boston . 225, §1 orders for armament . 226, §2; 227, §3; 232, §2; 237, §13 towns to be garrisoned . 227, §4 ; 232, §1 ; 242, §4; 248, §10 general ordinances of camp . . 229 relief for distressed iidiabitants, 238, §16 disbursements for. 24(1, §23 ; 248a; 253, §12 wounded soldiers' petitions . . 247, §7 INDICTMENTS to be made within one year . . 79, §1 except in capital eases, etc., 79, §1 penalty of neglect to appear and an- swer ...... 88, §0 INFOR.VIATION any person, without regard to age, may inform in criminal teases . 2, §1 informer of defective casks, reward of 10, §1 of unmarked beef and pork, 17, §2 of entertainment of youth in tavern, etc. . . 27, §3 of taking fish out of season, 53, §4 mackerel . . 53, §5 of gaming for money, 57, §1 ; 58, §2 of possession of blasphe- mous books . . . CO, §3 of shipping horses without license . . 05, §1; 71, §8 of evasion of customs charges . . . 71, §9 of trading with Indians . 75, §4 ; 237, §14 of selling adulterated beer, 80, §2 of failure to account for wine purchaseil . . 82, §11 of lying . . . . 92,'§1 of shipping undischarged seamen .... 95, §7 of selling uncleanscd malt, 100, §1 of exporting coin . . 118, §2 of tobacco-takers . . 146, §1 of ex]iortation of sheep's wool . . . .219, §1 of exportation of raccoon furs .... 220, §3 of attendance at (Quakers' meeting .... 234, §4 of s.ale of liquor at trainings, 2(i5, §1 of neglect to ring swine . 295, §7 of treason, oath to disclose . . 202, §1 INHERITANCE (see Wii.i.s. Legacies). eldest son to have double portion of intestate estate .... 158, §3 daughters to sh.-.re as co-part- ners . . .... 158, §3 Index to Colonial Laics. 19 INHERITANCE, continued. free from fines, etc. undisturl)e(l possession for five years to confer title .... INNKEEPEKS licenses of . . . 70, §1 ; renewable yearly by county court . limited to persons of sobri- ety, etc. .... forfeited for third offence . for wanton and rude sini.'ing prosecution of unlicensed . to exliibit ."ijin ..... lo be always provided with strong beer, penalty for selling inferior . price of, fixed sales of wines and liquors, tax upon, sworn report to be made to prevent excessive drinking . penalty increased to secure arrest ot\lrunkards . to entertain travellers for a night penalty for entertaining others, to provide stalilin;; for horses . ^ to close their houses in meeting time, evidence to convictof violation of law, constables to make search for offend- ers ...... tithing-mcn to inspect houses . not to entertain persons forbidden by selectmen ..... not to entertain children, etc. . to forbid offensive use of tobacco . '. penalty for permitting games and dancing 88 . §1 124 . §1 84. «16 8;{, §15 84, §16 23.5 ■ §8 82 .§9 84 ,17 317 . «2 7i» ■ §1 80 , i):i 80 ,§2 251 .§5 f.l), §4; 82, (jil 09, §^; 82, §11 80 l»3 305 . §* 80 .§3 81 .SS 235 . §» 82, (jlO 83, (512 83, §13 83, ?I4 259 §3 85, §19 27 §3 14G §1 57 .§1 INNKEEPERS, continued. delils of sailors not recoverable . 134, §1 in ordinary, cannot recover debt for liquor retailed . . . . 271, §6 number of, in specified towns . . 351, §2 number in Boston increased . . 320, §3 charges allowed for messenger on public service . . . . 213, §2 INQUEST ' in case of sudden or unnatural death, 39, §1 oath of jurors .... 167, §23 INSANE to be cared for at charge of towns selectmen to manage estates of INSOLVENCV (see Debt). of deceaseil intestate INSPECTOKS OF WOOL to be appointed in seaport towns to execute order forbidding export 248, §9 248, §9 250, §4 219, §2 220, §3 of raccoon fur INSURRECTION (.see Rebellion). IXTEliEST rate of eight per cent, established . bills of cicliangc excepted INTESTATE (see Wills, Exiccijtor). administration granted to next of kin, 1.58, §2 division among heirs . . . 158, §3 insolvent, settlement of . . . 250, §t INVASION (see Rebellion). INVOICE penal I v for falsifying or concealing, 71, §7 IPSWICH" jurors from, not to be summoned to Salem 36, §7 county court for Essex to be held in, 37, §7 committee of militia in . . 110, §11 number of licenses to be granted . 351, §2 ISLE i)V SHOALS shipping ollicer appointed . . 139, §3 153, §1 153, §1 67 «l 67 §1 G7 §1 24, §3 86, §1 86, §1 JESUIT forbidden to enter colony . . 67, §1 on public service, etc., ex- empted suspected, to be banished death jienallv for return .lOINERS to be taxed on income JUDGES to determine matters of equity to instruct jury in law JUDGMENT when entered against defendant who is out of jurisdiction . . . 7, §1 plaintiff to give security for reversal of not affected by circumstantial errors, in cases of title of house or land warrant for, to be signed by clerk of court ...... Bale or assignment of, void in case of death, administrator may renew . ..... dissent of minority of court may be recorded ..... every jinlgniont to be recorded JURISDICTION (see Actions, CoCRTS, Mauistratks). JURORS (sceJiiKV, Vhrdict). petit, chosen by freemen of towns . eligibility to choice as property qualification repealed . . 352. §i! 7 11 §1 §•-' §2 30, 85, §1 §1 85, §1 128, 129, §1 §1 sr,, 148, §1 §■* JURORS, continued. petit, penalty of refusal to serve oath prescribed to determine facts and costs liberty to take advice in open court .... to serve but one year allowance per dicni at court of assistants, whence chosen .... at special courts challenge of . county court to summon . Salem and Ipswich excepted grand, sunnnoned yearly in same manner as petit jurors oath prescribed allowance per diem not required to reveal con- scientious secrets to serve two years at least penalty for neglect of person indicted to appear and answer .... to present heterodox preachers, 46, §18 to present wearers of periwigs, 233, §2 penalty for neglect to prevent excess in apparel . . . 233, §3 to receive complaints of ex- cessive prices set by mer- chants . . . ' . 23G, §11 JURY (sec JiRoRs, Verdict), right of trial by, affirmed . . 152, §3 . 55 §1 167, §20 . 86 §1 . 87, §5 . 87, §5 . 86, §1 86, §1 . 86, §1 152, §3 36, §7 36, §7 8G, §2 1G7, {19 iilj, §2 86, §2 87. §5 88, §6 20 Index to Colonial Laws. JURY, continued. JURY, continued. allowed in will cases . 331, §2; 334, §3 court and jury disagreeing. not to hear causes under 40 shillings, 20, §1 case to go to next court of to judge of matter of fact and costs, 8G, §1 assistants . . . . 87 §1 bench to determine equity . . 86, §1 action of attaint for erroneous verdict. 201 §1 special jury to be summoned in cases brought before jury of 24 men involving death or banishment . Sfi, §1 in court of assistants . 201 §1 oath prescribed, 107, §21 penalty on conviction 202, §1 of inquest in case of sudden death . 31), (jl rules for prosecution of. 319, §1 oath prescribed . 107, §23 members of attainted jury verdict in case of obscurity in the law, 87, §3 may sue for slander . 320, §1 in matters of fact where the JUSTIFICATION (see Hkhksy). main issue cannot be found, 87, §3 penalty for denying doctrine of 59, §1 KENNEBECK created countv of Devonshire . . 218, §3 KERL }-, WILLIAM appointed searcher of coin in Marl- boro' 118, §3 KIDNAPPING (see Man-Stealing). KING all writs, etc., to be issued in name of 101, §1 oath of allegiance to . . 201, §1 to lie taken by all above sixteen years .... 262, §3 LAND (see Deeds, Estate, Grants, Indians, Mines, Taxes). age for passing, etc. penalty for refusal to survey boun- daries ...... common, to be fenced, etc. improvement of assessment of . peculiar, definition of frailulent conveyance of, invalid, undisputed occupancy for 5 years to confer title . . 124, §1; title of Indians to . . . . no person to buy of Indians authority of general court to grant to English persons towns to have power to dispose of . grants of, to be surveyed, special committee appointed to ex- amine ..... free from fines upon alienation, etc., discoverer of mines may take a fit proportion may purchase interest of Indians LATIN SCHOOL scholars not to frequent public houses LEATHER (see Currier, Hides, Tan- ner). who may tan ..... tanners only to buy raw hides . repealed .... regulation of tanning currying penalty for neglect to projicrly dress, searchers and sealers, ajipointed by towns . oath prcs('ribed duties anrl powers to examine work of taU' ners . . . , to seize defective leather boots and slioes penalty for neglect . fees .... disposition of fines and for- fcilnres .... tinwrought, must be sealed before sent to currier . . . : 1, §1 . 10, §2 • i:, §1 . 19, §7 23, §2, 3 • -H, §1 . 32, §3 200, §5 74, §1 74, §2 74, §1 147, §1 296, §9 296b 88, §1 no, §1 117, §1 , 27, §3 88, 89, 205, 89, 89, §3 64, §2 51 §1 §1 §2 89 §4 108, §28 89 §4 89 §2 90 §2 90 §-i 90 §3 90 §4 90, ¥> -'12, jl3 LEG.\CIES (see AVills, Administra- tors). to colleges, etc., to be disposed of ac- cording to intent of donors . . 9, §1 county court may appoint trustees and require accounting . . 9, §1 L E VER E T, M.i JOR-G EX ERA L appointed receiver of fortifications dues at Boston and Charlestown . 140, §5 LIBERTY (see Civil Privileges). to dispose of estate by will or other- wise . . . . . . 1, §1 of speech and petition in court, coun- cil or town meeting of fishing and sporting, . of remov.al from colony . LICENSE (see Innkeepers). of fishermen to t.ake wood for exportation of powder for sale of beer and wine of cider, etc. of liquors, selectmen to ap- prove number of, in specified towns of innkeepers, forfeited for third of- fence to be renewed yearly, of public houses, limited . unlicensed houses to be searched out, 235, §8 LIQUOR (see Cask. Customs, Imposts, Innkeepers, License). assize of casks . . . .10, §1 regulations of entry .... 329, §1 import duty upon .... (i7, §1 doubled . . . 2:.;), §10 tax upon sales of . . 69, §1 ; 83, §11 increased . . . 208, §11 repealed .... 304, §1 continued .... 312, §1 dealers to account to marshal-gen- eral for every case and bottle, 83, §11 penalty for unlicensed traffic . . 84, §16 in cases, may be imported and sold without license .... 84, §16 license for retail sale . . . 79, §1 regulation of wholesale trade . 79, §1 penalty t'orselling orgiving to Indians, 75, §5 in default of fine, to be whipped . . . 212. §15 . 90, SI . 90 §2 . 91 §3 . 52 §1 . 120 §2 . 31 §2 . 69, §1 . 351, §1 351, §2 . 82, §9 83, ^15 . 235, §8 Index to Colonial Lavs. 21 LIQUOR, continued. reKulatioii of u»c on fishing vessels . 53, §4 drinliinf; healllis forbidden on vessels in port HO, §4 not to be given to workmen or boys 202, §1 sale of, at trainings, forbidden . 2G5, §1 LORD'S DAY in daylight, profanation of, by chil- dren . . 132, §1 by persons above fourteen years old . . 133, §1 at night, drinking in public houses forbidden . . . 133, §2 sporting in streets or fields, V.VA, §2 on Saturday night, 133, §2 fines to go to county . . . 133, §3 servile work forbidden . . . 134, §4 except work of piety, charity, or necessity . . . 134, §4 travel, except to lawful meetings, forbidden ..... 134, §4 penalty for absence from meeting . 45, §15 for denial of morality of fourtli commanilment . 59, §1 meeting of Quakers forbidden . . HI, §5 Indians nut to profane • ■ . 77, §10 LORD'S DAY, continued. penalty for kindling fires in open ground ..... 51, §1 penalty for firing guns on shipboard, 140, §4 innkeeper liable for offence by guests 210, §G no carts, etc., to pass out of Boston after sun-down on Saturday . . 2G9, §1 laws concerning profanation of, to be publicly reail twice a year . 249, §1 by constable or town clerk . 272, §10 tithing-nien to enforce ofTenders to be placed in a cage until trial LOST (iUODS finder to notify constable record it in county court . to be publicly cried owner may claim within one year . disposition ot, if unclaimed LYING by person over 14 years of age, ])cnally under age of discretion . repeated offences, penalty, LYNN market day established . . .49, §1 number of licenses to be granted . 351, §2 L'49, §1 250, §2 142, §1 142 §1 142, iil 142 §1 1-12, §^ 91 «l 92 SI 92 §1 M MACKEREL (see Fish). for salting, not to be taken before .lulv 53, MAGISTijATES (see Action, Court, Gkni;iiai. Court). nominated annually by freemen election of ..... members of board of overseers of Unrv.'ird College . actions triable before to ailministcr oMth to poor debtors . to have discretion as to apparel of themselves and families to issue warrants to impress work- men for public works . one may determine cases of small theft .... causes not exceeding forty shillings .... to issue summons or attachment not to hear causes in which he is con- cerned . . . 21, §2; appeal from to county court exemption from tax .... from ferri.Tgc tolls . from keeping arms . from military service from constable's watch oath of, binding only while an inhab- itant 119, to administer oath of fidelity . . 120, to administer oath of allegiance . 2G3, to punish disobedient children and servants ..... 27, to hear case of absence from meet- ing to enforce fishing laws to dispose of cards or dice . . 5S, may adjourn court to some more con- venient time . . . . 39, to take testimony of witnesses imt of court ...... 15S, to solemnize marriages . . . I2l, §5 47, §3 282, §3 29, §1 2, s+ 6, §2 6, §1 12, §3 13, §2 20, §1 2(1 §1 .38, Sn 21, <»2 23, §3 CO, Iil 109, *i7 109, *(0 155, §2 45, § hi. MAGISTRATE.^, continued. may present petitions without fee . 121, §1 niMy commit idle persons, ic., to bouse of corrediim . . . 127, §3 to designate towns through which (Quakers shall be whipped, and number of stripes . . . G3, §11 I)owers in case of suspected misde- meanor ..... 324, §1 penalty for defamation of, 3G. §fi; Iil, §7 unseemly conduct of in court, pen- alty in general court . penalty for denying authority of judgment before two and clerk to be good in law .... to hold special court for strangers to license strangers to reside . MAID (see Servant). courtship of, torbiilden without con- sent of parents MA.TOR-GENERAL (see Militia). 3G, §G 3G, §6 59, §1 37, §7 37, §8 143, §1 101, §3 ■lected by ballot 47, §2 ; 274, §1 ; 2S2, §3 oath prescribed . . . 104, §11 MAl.KKACTOU power to reprieve .... 35, §4 to ])ard(m .... 35, §4 MALPRACTICE of surgeons, niidwives and physicians, forbidden 28, §1 MALT (see Bker, Brkwers). to be cleanscil before sale . . lOfi, §1 importation of, forbiilden . . HIG, §2 repealed . . . lOG, §3 proportion of. fixed for strong beer, 251, §5 MANSLAUGHTER no crime in self-defence . . . 92, §1 in attempting to arrest felon, 92, §1 MAN-STEALING ]>unishcd by death .... 15, §10 includes removal of Indians from isl- amls on which they have been placed 238, §17 22 Index to Colonial Lawt MARBLEHEAD searcliLT of coin appointed . .118, §;? sliippin;; iirticer appointi'il . . 13'J, §3 rccciviT of forlilications dues ap- pointed HO, §5 county rates fur 1672 allowed for re- pair of forts .... 203, §2 surveyors of damaged goods ap- pointed 2;)5, §8 established as port of entry . . 298, §1 MARE (see Horse). MARINERS (see Sailors, Vksskl.s). MARITIME AFFAIRS (see Ah.mikai.- Tv, Vesski.s). laws relating to . . . .03 MARKET, CLERK OF (see 15i!eai)). one or two to lie chosen annually in each market town . . . 8, §1 authorized to enter houses . . 8, §1 to weisjh Inead b.aked fur sale and seize such as is of clefective weifiht . 8, §1 fees, one-third part of forfeitures . 9, §1 to inspect hreail made for use in families of bakers ...!), §2 to weight butter for sale . . . !t, §1 to publish price of wheat monthly . 288, ij^ oath prescribed . . . lljtl, §2'.» MARKETS dates and places of holding . . 40, §1 MARLBORO' " searcher of coin appointed . . 118, §3 MARRIAtiE (see Husuand, Wife). intention of, to be published or posted lOL §2 courtship of maid forbidden with- out previous consent of jiarents . 101, §3 no married person, having husband or wife in another country, to reside in colony . . 101, §4 exce])tions .... UI2, §4 magistratesonly may join in marriage, 102, §.i with deceased wife's sister forbidden, 1(12, §ii to be recorded within one month . 130, §2 timely and convenient, not to be de- nied to any cliild .... 28, §5 in case of or])hans .... 28, §C in case of fornication . . . 54, §1 law of dowry ..... 42, §1 MAR III N, RICHARD appointed collector of port ihies for Fascataqua . . . . .271, §0 MARSH.'iL (see .Attachmext, Consta- HLK, E.XECUTUIn). to take bail in case of arrest for debt, 7, §2 to aid commissioners of lio.-ton . 22, ()3 to levy fines assessed by court . ."il, §1 to collect fines, etc., on warrant from treasurer ..... 102, §1 to levy and make return on execu- tions 102, §2 to issue and make return of attach- ments . . . 2, §2i 8, ijl; 103, §3 no marshal to be clerk or recorder of any court 103, §3 fees . 103, §4 clerk of writs to collect . . 29, §1 may require aid .... 103, §(> may break open house to make levy, 103, §7 charges to be levied with execution, 104, §8 goods exempt from levy . 104, §8 liable for injury .... 104, §9 to seize malt, etc., brought from Eu- rope for sale .... lOG, §2 no deputy to serve attachments or executions 220, §4 MARSHAL, continutd. to record returns .... 220, §5 not bound to serve attachment until fees are paid .... 220, §G MARSllAL-tiENERAL to despatch .special orders of general court . . . . . . 131, §5 to receive all warrants from the treas- urer 132, §5 inay serve executions . . . 324, §2 fees of 103, §5 MARSUFlEhD, SA MUKL appointed surveyor of land . . 296, §9 MARTIAL IJISCII'LINK connni"s;oners of, form of oath, 168, §26 MARTIAL LAW (see War). executions under .... 30, §1 ordinances of camp . . . 229 MASON, CAPT. II r (III member committee on soldiers' re- lief 247, §7 MASONS to be taxed on income . . . 24, §3 M.\STEH (see Servants). of vessels (see Vessels). of house of correction (see Hodse of Correction). to teach servants and apprentices . 26, §1 to correct youth for lying . . 92, §1 may license servants to trade . . 104, §1 cruelty by lO.i, §6 penalty for maiming servant . . lO.'i, §8 to recompense faithful service . . 105, §9 responsible for injury by servants' discharge of firearms . . .349, § I of mint appointed . . . 117, §1 allowance for coining . .117, §1 to be sworn .... 118, §1 MEASURERS of corn, wood and boards, appointed, 1.56, §2 authority of . . . I.iG, §2 of salt, maritime towns to appoint . 135, §1 MEASURES (see Sealers, Weights and Measures). standard established . . . lo.i, §1 new standard received from England, 279, §3 new seal for 279, §3 MEDFIELD designated as frontier town . . 247, §5 MEDFORIJ exempted from act in relation to farms 40, §1 MEETING-HOUSES (see Churches). may be erected only by consent and authority 267, §9 regulation of conduct of children in, 234, §6 doors to be closed until blessing is jironounced ..... 234, §5 MENDON inhabitants warned to return . . 239, §22 MERCHANTS non-residents to be assessed . . 25, §1 Iienaltv for taking excessive prices for nierchandise . 120, §1 ; 236, §11 MESSEN(;EI{ general court may send on public service ..... 35, §4 allowance for travel and expenses . 213, §2 to be sent to raise alarm from town to town 271, §8 Mini)i.i;si:.\ commissioners of, to set price of corn, 25, §3 time and place of holding county court 37, §7 fairs and market-day established . 40, §1 Index to Colonial Laics. 23 MIDDLESEX, coniinved. MILITIA, continued. jurors for court of assistants to be sergeant-major, allowances at regl- chosen from 8fi, §1 mental meetings, IIC, §22 coiniiianil of militia in . . . Mi', §1 oath iirescribed, 167, §24 (late of rcfiime nt:il meetings . 1 10, §22 captains, lieutenants, and ensigns to conmiittee appointed to examine war hold commissions from rates 248a general court . . . 108, §4 MIUWIVES to appoint what arms shall not to use violent methods without be carried . . . 108, §5 consent of p Uient. . . . 28, §1 to exercise soldiers six days to have precedence at ferries . . 50, §2 yearly . . . ' . 108, §5 MILITARY (see Militia). to punish disorder and in- acts concernin(i; . . . 107; 203 subordination . . . 108, §6 service with foreign enerav or against order of seniority . Ill, §11 allies forbidden . ". . . 315, §1 of precedence . . 278, §1 MILITIA (see SoLuiEns, War). of troopers not to take act concerning 107 troops outside county, 113, §lfi major-general, powers of . . 115, §10 to obey warrants of major, 115, §10 to resiiliite military training, six days yearly . . . 108, §5 affairsintowns hav- reduced to four days . . 2GU, §3 ing MO sergeant- exemptions from . . 100, §0 major . . 11-5, §10 penalty for absence from, 204, §3 ; may ordi-r troop of 2fii;," §4 horse out of county, 113, §1(> sale of liquors at, forbidden, 2G5, §1 to issue warrant for soldiers, age of .... 100, §8 election of sergeant- exemptions from service . 100, |s major . . . 107, §1 number forming a company, 108, §4 commissioned officers, freemen to punishment for disorderly nominate . . lOiS, §3 conduct . 108, §ii; 114, §17 county court to ap- to provide arms as pre- prove . . . lOS, §3 scribed . . 108, §7 General Court to ap- in case of poverty, 100, §8 point . . lli;, ij'Jl impressment of (see Im- existing commissions pressment) . . HI, §11 confirmed . 114, §17 duty as sentinel in case of commissions to bear alarm . . 112, §12 the public seal . l.'>5, §1 accoutrement of pikemen, 1 1."., §i'u oath prescribed . . 275, §3 punishments authorized for exempt from duty as non-payment of fines . 204, §3 constables . . 3.")2, §7 to account for his arms be- new commissions is- fore receiving pay . . 232, §2 sued . . . 278, §1 penalty for non-appearance non-commissioned oiScers to be when impressed . . 24G, §2 chosen by commis- on reniDVal to another town, sioned officers lin, §21 not to escape duty . . 271, §7 towns to nominate . 103, §4 rates for billeting and pro- sergeant-major , chosen by freemen . 107, §1 visioning . . 253, §12 to command militia crops to be liarvested when in each county . 107, §1 absent .... 245, §1 to call out regiment volunteers to be subject to for exercise once martial laws . . . 242, §3 in three years . 107, §2 committee appointed for re- to call meetini;s of lief of wounded . . 247, §7 company olticers . 107, §2 regimen to be commanded by ser- to impose fines for geant-miijors . . 107, §1 non-attendance . 107, §2 meetings to be held once to regulate militia in in three years . 107, §2 smaller towns . 108, §4 dates of, in the to order assistance several coun- in case of alarm, 111, §11 ties. . IIG, §22 not to march regi- not to march out of county , 1 1 1, §1 1 ment out of except in pursuit of county . Ill, §11 enemy . . 241, §1 except in ptirsuit accounts of, for Indian of enemy . 241, §1 war, to be audited at in case of death or Boston . . . 248a absence senior cap- companies, meetings of chief officers tain to succeed, 111, §11 on call of major . . 107. §1 to command troops nomination of officers of, 108, §3 of horse . 113, §lfl number of soldiers to to advise major-gen. form company . . 108, §4 of condition of smaller towns to join in their regiments, 113, §10 forming . . . 108, §4 to appoint non-com- yearly exercise appoint- missioned officers, UC, §21 ed . . 108, §5 ; 2C6, §2 24 Index to Colonial Laics. MILITIA, continued. companies, powers of chief officers, lOS, §(> to cliiiose clerk of the band . . . 109, §10 precedence of . . 2C3, §4 drummer to be chosen by commissioned officers, 272, §11 order for division of foot, in Boston . . . 217, §2 clerk of band, to be sworn . lOH, §10 oath prescribed 1G8, §25 to call roll on training days . . 109, §10 to inspect arms, etc. 110, §10 to collect and dispose of fines . no, §10 to procure arms on request . . 109, §8 to levy fines within one month . . 203, §1 clerk's estate re- sponsible . . 203, §1 to render particular account once in six montlis . . 203, §1 to take out officers' commissions with- in one month . 299, §3 ' troop of horse, not to exceed 70. 113, §10 repealed, IH, §17 property qualifica- tions of . 114, §17 privileges of . 113, §10 liberty to nomin.ate officers. . 113, §1G arms and accoutre- ments of . 113, §10 to exercise six days yearly . . 1 13, §10 clerk of the troop, duties and fees, 113, §10 service in case of alarm . . 113, §10 not to go out of coun- ty except in pur- suit . . 113, §10 no officer of a foot company to be a listed trooper, 113, §10 forbidden to disband or change horse without leave, 113, §10 arms, soldiers to provide . . . 109, §S of foot soldiers . . . lOH, §7 of troopers . . . 113, §10 of pikemen . . . 115, §20 smiths to repair . . 112, §13 clerk of band to inspect . 110, §10 ammunition, General Court to make a constant supply . 112, §14 sele<'tmen to jirovide, 112, §15 clerk of band to inspect, 110, §10 sentinels, watcli to be set half an hour iifter sunset, HI, §12 instruction and duty, 112, §12 signal of alarm, when given . . 112, §12 not to hazard killing of any person in tune of pi'ace, 112, §12 regulation of, during In- dian war . . . 242, §4 committee of, to be formed in every town . . . 110, §11 composition of, in Boston, 110, §11 in other towns, 11 1, §11 MILITIA, continued. committee, powers of . . 110, §11 to impress soldiers . Ill, §11 to repair forts and pro- vide great guns . Ill, §11 to suppress all raising of troops except bv autlior- ity . . ' . HI, §11 to apply country rates for 1072 in Boston, etc., to repair of forts . . 203, §2 to inspect stock of ammu- nition and arms . . 228, §3 to impress troopers as foot soldiers . . 226, §2 to establish garrisons . 227, §4 to remove women and chil- dren fron\ frontier towns, 227, §4 may nominate persons for military office . . 221, §8 to despatch messenger to raise alarm . . . 271, §8 to settle accounts of towns for war disbursements, 240, §23 rates for bills of Indian war expenses . 253, §12 to impose fine upon im- pressed men for non- appearance . . . 246, §2 no person liable to duty to leave town without permission of . 248, §10 ordinances of war, blasphemy . . 229, §1 oaths and execrations . 229, §2 absence from public wor- ship .... 229. §3 neglect of dntv . . 229, §4 quarrel with superior of- ficer .... 229, §5 desertion .... 230, §6 silence under orders . 230, §7 resistance to officer . . 230, §8 resistance to provost mar- shal .... 230, §9 sedition or mutiny . 230, §10 mutinous s])eeches . 830, §11 drunkenness . . 230, §12 rape, etc. . . . 230, §13 fornication, etc. . 230, §14 theft, etc. . . 230, §15 murder . . . 231, §10 neglect of equipment 231, §17 loss of arms by gaming 231, §18 selling amunition . 231, §19 overstaying pass . 231, §20 definition of punish- ments . . . 231, §21 MILLERS to be taxed on income . . . 24, §3 toll of, regulated .... 100, §1 to i]rovide weights and scales . . 100, §1 MINES royally, one-fifth . . . . 117. §2 forfeit for non-payment . . . 297, §1 absolute ownership, when discovered by proprietor of land . . . 117, §2 discoverers to enjov profits for 21 yeari . . . 110, §1 to ]Mirchase interest of lniies ...... refusing to put vote, another to be appointed to do it . MONEY (see Coink;k. Mi.nt). exportation forbidden searchers of, appointed . ])owers wampum receivable to 40 shillings . fiC, §2 61, §7 2, §1 2. §1 6, §1 13, §2 15, §i:! 15, §11 -'111, §L' 24, ji:i 27, (it 25, \v, "T, §1 117, §1 35, §« 153, §1 118, §2 118, §3 ll!l, §3 154, §1 292a 294, 119, §1 MONEY, continued.- pieces of eight declared current value established MONOPOLY none granted, except for new inven- tions MORTGAGE to be acknowledged and record d penalty for refusal, clerk of shire court to enter grantee may enter caution with rec- ords of county court fee of clerk for transcribing MUGGLETON, LOVO WJCK{svc Her- esy). books of, penalty for having in pos session . to be publicly burned MURDER premeditated, punishable by death in anger ..... by accidental shooting MUSKETEERS (see Mii.itia). arms required . to provide snapjack . MUTILATION penalty for burglary or highway rob bery on the Lord's day . MUTINY on shipboard, punished by death .211, of soldier, penalty . . . 230, § §5 33, 33, 33, 33, 130, fiO, . CO, • H, ■ H, . 340, . 108, . 251, 13, §1 10 N 289, 2U0, 290, 298, 313, 138 258, 289, NAV.VL Ori'ICE established in Boston .lames Uussell chosen oath of . duties appointment at Newliurv NAVIGATION (see Vessels). laws concerning .... act to be enforced . ... act of parliament to be published in market-place at Boston NEGRO not to be taken as passenger on ves- sel without permit JJEWBUliV naval officer appointed number of licenses to be granted NODDLE'S ISLAND jurisdiction of court of commission- ers of Boston .... NOMINATION (see Elections). of magistrates and assistants by ballot, 47, to be declared at Boston, 48, of officers bv committee of militia . 221, NON-Al'1'EARANCE not punishable if hindered bv act of God . . . . ■ . .4, not lo prejudice damage in civil action, 4, 281, §1 313, 351, 21, §3 NON-APPEARANCE, continued. in capital case, to work forfeiture of lands and goods to stand in stead of one witness to prove the crime .... penalty, loss of case with costs of persons indicted by grand jury of soldier impressed, penalty . NONSUIT for failure to appear when case is called NORFOLK time and place of nolding county court ...... command of militia in date of regimental meetings . 1 compensation of majors . . 1 committee appointed to examine war rates NORTHAMPTON county court of Hampton to be held in 37, §7 NOTARIES, PUBLIC exemjit from military service . . 109, §9 to enter importations of jxiwder, etc. 125, §1 to record testimony laken out of court, 158, §2 oath prescribed . 1(15, §14 seal of 313, §5 IG, §17 Ifi. §17 87, ijG 38, §G 2iG, §2 87, §6 37, §7 107, §1 If., §22 10, §22 248a OATHS no man to be urged to take except as retjuired by law .... of magistrates and officers, biniling only while inhabitants . of freemen, county court to admin- ister ...... form prescribed OATHS, continued. of fidelitv, required of all inluibi 119, §1 tants 120, §2 of all persons 158 SI 119, §1 form prescribed 1G3 §6 of strangers, form prescribed . 120, S2 r,(i, s;< of allegiance, form prescribed . 261, SI Ui3, §■ for all over 16 years . 262, §2 26 Index (o Colonial Laws. OATHS, continued. of allegiance, magistrates to ailniin- istiT L'G3, §? of ;,'overn(ir ..... ]l!4, §8 of ilc'puty-irovcrnor .... H14, §!) of assistants .... 1G4, §10 of major-general . . . KU, till of treasurer . . . 105, §12 of secretary .... 1G5, §13 of notary iniblic . . . 1G.">, §14 of marshal .... ICG, §15 of commissioners witli i)t)\VL-rs of magistrates .... IGG, §16 of associates .... IGG, §17 of tliree men to hearsmall causes, IGC, §18 of grand-jurors . . . IG7, §19 of ]ietit-jurors .... 1G7, §L'0 of jurors in capital eases . 1G7, §21 of witnesses .... 1G7, §22 of jurors of inquest . . 1G7, §23 of sergeant-major, etc. . . 1G7, §2-1 of clerk of baiid . . . 1G8, §25 of commissioners of martial tlisci- pline 1G8, §2G of constable . . . 1G8, §27 of searclier ami scaler of leather, 1G8, §28 of clerk of market . . . 1G9, §29 of searchers of ammunition 1G9, §30 of appraisers .... 1G9, §31 of viewers of pipestaves . Kii), §32 of collector of customs . . 109, §33 170, §34 170, §:i5 ;341,§7 . 275, §2 . 290, §4 262, §1 OATHS, continued. of viewers of fish of packers of beef, etc. . of lithing-m.in . . 271, §; of canvassers of votes of naval officer denial of power of I'ope to absolve from .... profane (see Blasphemy, 1'kokane SwuAiaNXi). OLIVER, JA.MES appointed searclier of coin in Boston, 118, §3 appointed to seize provisions intended for export .... 239, §21 OPPRESSION by shop-keepers setting excessive price on goods, penalty 120, §1 ; 236, §11 by laborers, as to hours and pay, penalty . . . 120, §1'; 23C, §11 ORDINARIES (see Lnnkeepers, Li- censes). gaming and dancing forbidden in ORPHAN disposal of by court during minority, ORTHODOXY (see Churches, Doc- trine, Heresy, Heteuouoxv). certificate of, for freemen OVERSEERS of Harvard College of public works, power to impress labor 57, §1 28, §6 56, §2 29, §1 73, §1 PACKER of beef, pork and fish, fees . . IG, §2 to be sworn ..... 2.H.'i, §.> oath prescribed . . . 170, §35 PAhV, MOSES appointed searcher of coin in Brain- tree 118, §3 PARDON general court only has power to grant 35, §4 PARENT (see Age). to plead for child .... penalty for cursing or smiting . to bring stubborn child into court not unreasonably to deny marriage to child ..... to correct children for lying . fifth commandment to be observed . responsible for damage by unauthor- ized discharge of firearms by children 349, §1 P.iRKER, wirji.i.\}r member connuittee on soldiers' relief, 247, §7 PASCATAQUA time and place of holding county court 37, §7 river, questions concerning collection of customs in .... 72, §14 searcher of coin appointed . . 118, §:'■ shipping ollicer .appointeil . . 139, §:! receiver of fortifications dues aji- pointed ..... 140, §."> to pay its own bountv for wolves killed . . . " . . . 1.59, §1 duties ujion liquors imi)orted, af- 2 §1 15, §13 15, §1* 28 §5 92 §1 235 §'J firmed PAUPERS (see Poor). PAY.VIENT (see l)Eur, Creditor). to be made according to contract in wampum, to 40 shillings 212, §1G 120, §1 154, §1 PEACE, BREACH OF punishable by fine .... II, §1 amount of penalty left to discretion of court . . . . . 1 1, §1 retaining possession of estate by per- son against whom judgment has been given . . . . 11, §2 PECULIARS definition of 24, §1 where assessed .... 24, §1 powers of constable in . . . 294, §3 PELTRY (see Ft;RS). J'ESDLETON. Jilii'.W appointed shipping officer of Pas- cata(ina, etc. .... 139, §3 PERIWICS penalty for wearing . . . 233, §2 PEIMURY in i-apit.al cases punished by death . 15, §11 PETITION liberty of, by inhabitant or foreigner, 90, §1 to general court, fees for . . 121, §1 when to be pre- sented . . 121, 1 secretary to write, 121, §1 charges of bear- ing . . 121, §1 PHYSICIANS to practice according to the approved ruh's of the art . . . . 28, §1 to have ])recedence at ferries . . 50, §2 may ]>rescribe licpior for Lnlians . 7G, §5 exempt from military service on al- lowance of two magistrates . . 109, §9 PIECES-OE-EIGHT made legal c\irrency . . . 292a at six shillintrs per ounce . . 294, §5 r/KE, JIfA.IO/,' ROIlElir to enlist troopers from foot com panics 313, §1 Index to Colonial Laws. 27 . i: §1 . vr> SI . \>-> §1 I'IKEMAN (see Militia). arms of, iircsorilied . . . 108, §7 to wear huff or quilted coats . 115, §20 to furnish themselves with firearms, 226, §2 PILFEKING (see Tueft). PlLLOHY as iiunishmcnt for forgery . . .i4, §1 fur defacement of records . . 131, §3 PILOT (see Vessels). inefficient, to forfeit wages . . 98, §20 PIPESTAVKS (see Cask, Coopers). lengtli anil quality prescribed . assize of . viewers of, for export, appointed duties and fees . o:ith prescribed unviewcd to be forfeited . refuse, may be exported . PIRA( Y punished with death accessories to, penalty order concerning Christopher Gofic, 355, §1 PL.VINTIFE (see Action, ATTAriijiKXT, Execution). age for 2, §1 foreigner to give security in civil action 7, §1 penally for asking advice of sitting magistrate ..... 8-t, §1 to lose case with costs on failure to appear . . . . . 87, §0 with consent of defendant n.ay choose manner of trial . . I."i2, §2 may challenge jurors . . 162, §o PLEADlNti (see Actions, Defe.ndant, Plaintiff). not affected by circumstantial errors, 7, §2 POISONINti when fatal, punished liv death . POND of more than 10 acres, to be free for fishing and fowling POOR settlement of, how determined towns to care for POOR DEinoHS (see Akrest, As- SIOXLE, DehT). support of, in jirison . . C>. §1 ; 128, §5 liberty of, on jiad . . . . 7, §1 disiliarge of, on taking oath . . 128, §5 POPE OE ROME ecclesiastics ordained by his author- ity forbidden the colony . . fi7, §1 denial of authority of . . . 2G1, §1 PORK (sec Cask). assize of cask .... Hi. §1 regulations for packing . . li!, !il for sale of by Indians . 2u(!, §1 PORT (see Customs, Vessels). charges npon foreign traders , . 140, §.i of entry established, regulations of, 298, §1 porters' selectmen of Hoston and Charlestown to appoint and fix wages . . 124, §1 PORTSMOTTII iili|>ial from court of associates in . 4, §1 county court of Pascataqun to be belli in 37, §7 POSSESSION withoin ilisturbance for five years, to confer title .... 124, §1 to confirm title, despite former grant, 206, § j POUND fsee Cattlk, IImrsi^s, .Swine). for trespassing cattle . . .18, §3 swine or calves . 20, §1 14, §(; 91, §2 12.'., §1 1:;3, §2 POUND, continved. towns to maintain .... 124, §1 notice to be given owner of cattle impounded . . . 125, §1 may be replevined . . 125, §1 hreach of pound .... 125, §1 penally of resistance or rescue . 125, §2 disposition of impounded swine . 146, §3 POWDER (see Ammunition). mill at Dorchester, workmen may be inpresseil for .... 237, §15 PREACHERS (see Churches, Minis- ters). ordination of 43, §4 dissatisfaction with . . . 44, §13 penalty for interrupting . . . 44, §14 maintenance of .... 46, §18 heterodox and vicious, to be removed 46, §18 PRECEDENCY of militia companies, regulated . 263, §4 PRESCRIPTION not to prevail against the Word of God 126, §1 PRISON (see Arrest, Deiit, Poor Debtors). escape from, charges for apprehend- ing 31, §2 malefactors to be conveyed at their own charge ..... 126, §1 penalty for aiding to break prison . 127, §4 for debt, plaintitf to secure keeper tor maintenance of pris- oner . . . 128, §5 making oath that he is not worth five pounds, to be discharged . . . 128, §5 allowance for food estab- lished .... Vl», §5 keeper of, to present list of prisoners, 128, fjo to be allowed cost of main- tenance .... 128, §5 penalty for suffering to escape . . . . 128, §1 house of correction to he provided in each county . . 127, §2 select men to provide material for labor, 127, §3 master appointed by county court, 127, §3 to have iirofit of prisoners' la- bor. . . 127, §3 delinquents committed, whipped, then set at work . . . 127, §3 furnished bre.id and water or other mean food . 127, §3 one magistrate may com- mit . " . . 127, §3 discharged only by war- rant . ." . . 127, §3 vagabonds committed to . 153, §1 PROFANE SWEARING penalty for . . . . . 144, §1 lor more than one oath . 145, §2 any who hear must disclose name of oft'enilcr 235, §7 PROPRIETOR riparian rights of . . . . 91, §2 PRO lESTATION (see Disse.nt). PROVISIONS export duties on . . . . 71, §9 im|iortatioii of certain, forbidden . 106, §2 suspended, 239, §19 exportation forbidden . . 239, §21 28 Index to Colonial Lavs. PROVISIONS, continued. PUNISHMENT (see Banishment, Cap- repealed ...... 264, §6 ital Punishment, Branding, Mu- of soldiers in Indian war, rates estab- tilation, Whipping, Stocks, lished 253, §12 Torture). PUBLIC HOUSES (see Innkeepers, barbarous or cruel not to be .al- Licenses). lowed 129, §1 not to entertain children in . . 27, §3 PURSUIT (see Hue and Cry). PUBLIC WORKS (see Bridges, High- of deserting sailor . . . .99, §23 ways, Impressment). authority to impress labor for . 73, §1 a QU.AKERS (see Heresy). disfranchised 4S, §■'' forbidden entrance to the colony fin. *! + penalty for bringing . OO, § + increased 234, §+ for entertaining or concealing fiO, §4 for encouraging 61, §•'' for importing their doctrinal works 61, §6 for reviling magis- trates . 61, §7 if not inhabitant, to be apprehended. 61, §9 penalty on convic- tion . 61, §9 if inhabitant, penalty 61, §'•» voluntary departure . 62, §'J one magistrate may commit . f.2 S!' opinions and practices described 62, §9 QU.4KERS, continued. wandering or vagabond to be whip- pcil at cart's tail . . 62, §10 braniled for contumacy . 63, §10 iiicorris-'ible . . 63, §10 to be whipped through but three towns . . . G3, §11 penalty of wlii|)ping or death sus- pended except against vagabond . 63, §11 penalty for attending meeting . . 234, §4 meetings of, forbidden . . . 250, §3 QUARTERING of soldiers in Indian war, rates for, 2."i.i, §12 QUESTION submitted from inferior courts to be resolved by general court . . 38, §11 QUORUM of the Council of the Commonwealth, 33, §1 to issue reprieve . 3.'>, §4 of county courts .... 3G, §7 of overseers of Harvard CJoUege . 29, §1 R EACCOON e.\portation of furs or skins forbid- den ...... RAILING (see Scolding). RAPE punished by death at discretion of court ...... by soldier, penalty . . .2 RATES (see Taxes). civil and ecclesiastical country RAWSON, EDWARD appointed shipping-officer of Boston special duties . REBELLION against the Commonwealth against the king's maiesty RECANTATION (see Heresy). of heretic, to be public . penalty for offending after RECORDER (see Clerk, Courts). RECORD (see Clerk, Courts, Clerk OF Writs, Deeds, Wills). of judgments, etc of dissenting minority of court, etc. of evidence ..... of births, deaths and marriages ojien to public inspection penalty for defacing of deeds ...... transcripts of . of lost goods and stray beasts . of names and (pialities of strangers, of probate of wills .... of administration of intestate estates, of testimony of witnesses out of court, 220, §3 15, §15 30, §13 22 §2 23 §3 139 §3 140 §3 15, §12 292 59 §2 60 §a 129, §1 12.S §1 129 §1 130, §2 131 §3 131, §3 131 §3 131, §3 141. §2 1 4.3 §1 157, §1 158, §2 158, §-' RECORD, continued. of returns of executions by marshal, 102, §2 of names of such as take oatli of fidelity 258, §1 of names of persons taking oatli of allegiance 263, §2 of houses and lands taken on execu- tion 220, §5 of special court to be transmitted to court of assistants of disagreed cases in county court to be sent to court of assistants REEVES, ./0//jV(sec Heresy). books of, penalty for having in pos- session ...... to be puhliciv burned REGENERATION (see Heuesv). lienally for denving . . . . 59, §1 REGIMENT (see Militia). RELIEF of persons driven from their liabita- lions by the war . . . 238, of wounded soldiers, committee ap- 38, 60, GO, §8 §* §* pointed .... 247, of Indians ..... 247, RELIGION (see Doctrine, Heuesv). REMONSTRANCE (see Dissent). REPLEVIN (see Attachment). permitted on security, except upon exeeuticm after judgment or pay- ment of fines .... 132, of iriipoiMidcd cattle . 18, §3; 125, granteil by clerk of writs . . 29, writ of, to be issued in the king's name ...... 161, form prescribed . . . 162, 16 §7 §8 Index to Colonial Laws. 29 BKPRIEVK REVIEW, continued. of condemned malefactor, by whom assessment of former costs • 20G, §4 KrantcMl 35 §* ROBBEKV, HIGHWAY RESIKKKCTION {see Heresy). penalty for on secular days . 13, §1 IMiiallv fur denying . . . .59, §1 on the Lord's day . . 13, §1 KKSIUKN'CIC ROGUES (see Vagaiio.nds). of persons removing on account of ROY.ALTY war S4C, §3 on product of mines • 117, §2 REVIEW RUM (see Liqlors). may be had in same court on new- abatement of impost upon 268, §11 evidence ..... 152, §1 RUSSELL, JAMES to be tried in same court as original appointed naval-officer at Boston . 290, §2 action 206, §3 s SABB.\T1I (see Lord's Day). laws concerning observance of . 132 deniiil of morality of Fourth Com- niaiidiiient diclareil heresy . SAII.OUS (see Vksski.s). claim upon vessel for dues to be provided witli victuals and drink .... not to reship until dischargeil spi'cial contract with master to hold good .... not to be carried to stay out above one year to receive wages promptly at end of voyage liable with master for damages by neglect . til!, §11; 97. §16; penalty for ab.senling themselves from service . for unruly conduct to keep watch at sea and in harbor penalty for desertion pursuit for to entertain no one on board without master's leave penalty for outrage upon master, for hindering voyage not to desert vessel in distress . to save cargo, etc., in shipwreck, penalty for consenting to e.tport of coin 118, §2 no credit to be given . . . 293, § I process for debt void against . 134, §4 ; 293," § I SALE (sec Deeds). of real estate invalid unless acknowl- edged and recorded clerk of shire court to enter SALEM jurors from, not to be summoned to Ipswich county court for Essex to be held in, fairs and market ilays establisheil COMunittee of militia in searcher of coin a]>p<>inted receiver of fortifications dues ap- pointed . . . , county-rates for 1672 allowed for re- pair of forts fine for constable refusing serve ..... shipping officer apjiointcd surveyors of damaged goods ap poinlcil .... established as port of entry port officer appointed naval office established number of licenses to be granteil 59, §1 94, §5 9. >, §0 95, §7 95 .§9 9C .§9 96, §10 98, §17 98, §18 98, ^19 99, §21 99, §22 99, §23 99, §24 100, §2.5 100, §25 100, §26 100, §27 . ,'53, §* . 33, H . 36, §7 1, 37 §7 • 49, §1 110, «1I . 118, §3 . 140, §5 . 203, §2 . 247, §6 . 139, §3 . 295, §8 . 298, §1 . 313, §6 . 290, §3 . 351, §•-' SALLSBURY counlv court for Norfolk to be held in 37, §7 enlistment of troopers in . . . 313, §4 naval-officer appointed . . . 313, §7 SALT measurers to be appointed . . 134, §1 fees .... 135, §1 Turtoodas, not to be used in curing fish 54, §6 SALTER, .JOIiy proclaimed pirate .... 355, §1 SALTI'ETHK selectmen to encourage production of, 135, §1 SCHOOLS reading and writing to be taught in towns of 50 families . . . 136, §1 grammar schools in towns of 100 fimilies . . 136, §2 penalty for neglect increased . 137, §3; 305, §3 number in towns of .jOO families . 305, §2 instruction for university to lie given, 136, §2 teachers to be sound in the faith . 136, §3 exempt from military ser- vice . . . . 109, §9 SCOLDING scolds to be gagged and ducked . 206, §1 SCOUT.S established in frontier towns . . 246, §5 SCRI1'TUKE,S (see Heuesv, Word of God). penalty for denial to be word of God, 59, §2 SEAL public, governor to affix to all com- missions, etc. . . . 135, §1 secretary's fies therefor . 136, §1 to be affixed to copies of grants of land . . . . . 354, §2 standard weights and measures to be sealed with 155, §1 for new standard measures . . 279, §3 of treasurer's office . . . 72, §12 of notary jiublic .... 31;'," §5 for leather, to be provided by towns, 89, §4 power of attorney valid without seal, 266, §7 SEALEUS of weights and measures, appointed, 155, §1 of leather, appointed by towns . . 89, §4 oath prescribed . 168, §28 to seal unwrought leather before it is dressed, 212, §13 SEARCHERS of money, appointed . . . 118, §3 of pipestaves ..... \T1, \\ of powder, appointment of and duties, 126, §2 oath prescribed 169, §30 30 Index to Colonial La us. 38, 1^12 121 §1 131 §-, 140 «;i 101 §1 SEARCHERS, continued. ol'liickU'd sturgoon . . . 210, §4 i)f lc:itlier (see Seai-eks). SECKETAUV (see Clerk). elecleil liy l.allot 47, §2; 274, §1 ; 282, §3 oatli |)reseril>('cl . . . I(!o, §13 to furnish copy of records of iianies of freemen ..... to receive fees for entry of petitions, to make copy of special orders for delivery by marshal-general . to transmit cajjiies of navigation act . to issue all writs, etc., in king's name, SECURITY (see Boni>). for perishable produce taken in dis- tress 41, §1 SEIZER (see Searcher). of leather fur transportation . . 205, §2 freemen to choose . . 205, §2 SELECTMEN (see Towns). to be chosen by towns instructed in writing eligibility to election property qualification re- moved .... penalty for refusal to serve to assess persons wearing apparel in excess of their station . to appoint perambulators of town bounds ...... to receive notice of injury by defec- tive highway, etc. to order fencing of common fields to appoint fence-viewers . to determine small causes, when to grant e.\'ecutiun to value real and personal estates for taxation ..... 23, §3 to assess strangers .... 25, §1 to care that children be taught to read .... to place apprentices . to assess cost of maintenance of niin ister 148, §2 14S, §2 U8, §4 352, §C 55, §1 5. §1 10, SI 12 §2 17, P 1!) ¥' -'1, P 21, §2 2fi SI 2(i §1 5. 517 5(; §2 (ii. !^'.) 154, §1 GO, S2 to give certificates of freeliolders to apprehend Quakers to lay out town-ways to view and approve stallions to run on common ..... to doom goods fraudulently invoiced for entry at custom-house . . 71, §7 to license innkeepers . 79, §1; 351, Jjl to mount guns and repair forts . 1 1 1 , §1 1 to provide aiiinuinition . . 112. §15 materials for work in house of correction to encourage production of saltjietre to appoint officers there- for .... to admit no school-teachers of un- sound faith ..... to appoint burial-place of suii.'ide in highway ..... to make orders for clearing common lands for sheep-keeping to appoint how much each family shall spin ..... to order watch to choose a sealer of weights and measures .... to have custody of standard weights, etc to appoint measurers of corn, etc. to pav Ijounlv to Indians for wolves killed . ■ ir.O, §3 127, §3 135, §1 135, §1 130 §■•! 137 §1 138, §1 141 iil 1.54 §1 155, §1 155, §1 150, §2 SELECTMEN, continued. to limit number of cattle on common lands 211, §8 to appoint inspectors of wool in sea- port towns 219, §2 to raise money for purchase of .arms, 227, §3 to appoint persons to searcli out un- licensed liouses of entertainment . 235, §8 to compel restitution of overcharge by laborer .... 236, §1 1 to impress men to harvest crops of absent soldiers .... 245, §1 to care for persons and estates of in- sane 248, §9 to set up cage for Sabbath-breakers, 250, §2 to make fjuarterly list of persons who have not taken oath of fidelity . 257, §1 to require idle persons to work . . 294, §4 to settle new comers in diligent em- ployment ..... 337, §1 constables to serve all warrants of . 1.50, §8 of Boston and Charlestown to regu- late employment of porters . . 124, §1 SELI-^-MURDEK (see Sik ide). SENTENCE (see Capital Punishment). of death, when to be executed . . 30, §1 warrant for . . . 30, §1 no man to be twice sentenced for one offence 129, §1 SENTINEL (see Militia). SERGEANT-MAJOR (sec Militia). SERVANTS (see Masters). regulation of apparel . . . 0, §1 penalty for embezzlement from mas- ters 13, §2 for pilfering and theft . . 13, §1 instruction of, by masters . . . 26, §1 disobeilient, how punished . . 27, §2 not to frequent pulilic bouses . . 27, §3 forbidilen to engage in trade without master's license .... 104, §1 hours of workmen prescribed . . 104, §2 fugitive, to be pursued . . . 104, §3 wages to be set by freemen in towns, 104, §4 all to bo bound to same rates . . 105, §4 wages to be i)aid in corn . . . 105, §5 except by special agreement . 105, §5 flying from cruel master, may be harbored ..... 105, §6 none to be put off above a year with- out authority ..... 105, §7 if maimed by master to go free, etc. . 105, §8 faithful service for seven years re- warded 105, §9 unfaithfulness punished . . . 105, §9 not to be taken as jiassenger on ves- sel without permit . . . 2S1, §1 unauthorized discharge of firearms by 349, §1 in satisfaction of debt . . . 305, §5 SETTLEMENT of paupers, by county court . . 123, §1 three months' residence to determine inhabitancy, 123, §1 persons forced from their habitations by law, not to become a charge to other towns .... 238, §16 of book accounts (see Debt). SHEEP rate of, for taxation . . 212, §12 tax upon, when brought from other colonies . . . 283, §4 repealed .... 287, §2 liberty to keep on commons . . 137, §1 proportion of sheep to cows . . 138, §1 coursing with dogs forbidden . . 138, §2 Index to Colonial Laics. 31 . 138, §2 . 138, §3 . 138, §1 138 SHEEP, continued. if killed by ilo};s, penalty . regulation of washing wool SIIIP-BLILDINU (see Vkssels). laws of construction and survey SIlIP-CAHi'ENTEK (see Vksskls) SIIU'-MASTEU (see Vessels, Master OK). SHIPl'INfi (see Vessels). laws concerning .... SHIl'WKIH'K (see Vessels). seamen to endeavor to save tackle and carfio . . 100, §27 compensation for . 100, §27 SUIIUC COUKT (see Coitntv Couin). tu confirm nomination of clerk of writs hv town . . . . 29, §1 SIIOEM.MvKUS (sec Leatiieii). to be taxed on income . . . 24, §3 forbidden to act as tanners . . 88, §1 senr", §1 SKINS (see IliiiKs). SLANDER conviction and punishment for lyinj; no bar to acti(m .... 92, §1 attainted jury may sue for . . 320, §1 SLAVERY (see BoNDSLAVEiiv). SMITHS to be taxed on income . . . 24, §3 SMOKINC (see Tobacco). SNAIMACKS musketeers required to provide . 251, §() SODO.MV punished by death . . . . 15, §8 except by compulsion or under 14 years 1.-, ss SPEECH libertv of by inhabitant or foreigner, 90, SI SPINNING sclccliuen to riMjuire each family to spin ' . 141, §1 time andamount of production estab- I'slu'il 141, §1 SPIRIT, EAMIMAR (see Witchcraft). consulting with punished bv death, H, 82 sprin(;kii;i,I) county court of Hampton to he held i'l 38. §7 searcher of coin appointed . . 118, S3 STALLION (see House). ST/LLMAX, EfJAS appointed searcher of coin in Pascnt- "iqua 118, §;•, STOrKS ^ penally for theft . . . .13, §2 drunkenness and tippling, 81, §4 l.vi"« • • . . '.M,§1 profane swearing . . 145, SI STRANGERS to give on account of themselves immediately on arrival . . 143, §1 names and qualities to be recorded . 143, §1 luisted in all port towns, 143, §1 Christian fugitives to be succored . 14:!, §1 to enjoy equal protection of law . 143, §1 not to be entertained al.ovo 8 weeks without license . . 143, §1 ; 226, ^ to give security for admission to Boston 2211, 157 120, §2 -'5, §1 l.-,2, §4 38, §8 38, §8 207, §1 158, §2 109, §9 209, §4 2in jj4 119, §1 25, §3 37, §7 49, §1 59, §1 §-*«. §1 107. §1 STRANGERS, continued. oatli of fidelity required . to be assessed for taxation allowance in trials at law special court for may enter action in any court on security against another stranger 294, §2 deceased, provision for probate of wills STRAYS (see Cattle, Lost Go-ous) STRONG WATER (see Ligto»). STUDENTS of Harvard College exempted from military service . STURtiEON regulation of packing and salting searchers to be appointed SUBSCRIPTION (see Oaths). required to no covenant, etc., except as established bv law SUDBURY designated as frontier town . . 247, §5 SUFFOLK ocmimissioncrs of, to set price of corn ...... time and place of holding county court ...... market-day established . fines for galloping in streets of Bos- ton to be jiaid into county treasury, jurors for court of assistants to be chosen from .... coiiiiiiand of militia in date of regimental meetings . lit!, §22 committee appointed to exaiiiine war rates 248a SUFFRAtJE (sec Freemen, Votes). SUICIDE to be burled in common highway with cartload of stones upon the grave, SUITS, VE.XATIOUS (see Actions). to pav treble damages SUMMONS (see Attachment). clerk of writs to grant to bo issued in king's name form of, prescribed .... any ]il:iiiititT may take out not atiected by circumstantial errors to he served six days before court . to hrietiy specify the case when i>arty may refuse to appear to express in whose name tiie suit is hronglit SUPIM.K.MKNTARY LAWS AND OR- DKRS SURETY (see Bond). to bo given for costs and damages on appeal in civil cases also for good behavior in criminal eases ...... marshals and keepers of prisons to accept ...... SURGEONS not to use violent methods without consent of patient to have precedence at ferries . exempt from military sevice on al lowance of two magistrates . SURVEYOR-tiENERAL to give yearly account of stock of ammunition . . . . II to receive funds or money collected as fortifications dues . . . 140, §5 to receive port dues yearly . 271, §9 137 §1 3 §8 29 «l ii;i SI li'.2 §1 7 SI 7 !>-' 1 , §2 7, §-i i y §2 8, §1 199 3, §1 3, §1 1 , §2 28, 50, §1 §-' 109, §9 §U 32 Index to Colonial Lawn. SURVEYORS of vessels in construction . . 138, §1 of liivrluvays, to be elected luinually liy towns . . . . . I (7, §1 penalty for refusal to servo . . ;").';, §1 cf {looils ilanuiged on board sliij), ap- pointed 235, §8 to be chosen yearly, 2il."), §8 of land, appointed .... 20G, §1) form of oath . . 21li;, §10 SWINE rate of assessment for taxation . 2;!, iji! reduced . . . I'.OI, ijl when brought from other colonies . 283, ?4 SWINE, continued. rate of assessment repealed . . 287, §2 towns to make orders for prevention of darnafre by .... towns to appoint officer to impress . cattle fences to be sufficient against ...... trespass by .... . impounding of . disposition of, if unclaimed to be marke, §1 T.\ii.on,s forbidden to make garments for chil- dren, etc., contrary to order of parents, etc. ..... to be taxed on income TANNER (see Leathkk, Hides). forbidden to act as butcher, currier, or shoemaker, .... penalty for selling leather insuf- ficiently tanned .... no other may buy raw hides rei)ealed .... TAVERN (see Innkeeper, License). not to entertain children, students, etc TAXIOS country rates ..... levied only by general court .... treasurer to issue war- rant .... appraisement, when to be made .... one hundred pounds added to levy in aid of Har- vard College proportional allowance to be made to vi luiitary contributors . payment in corn wampum not acceptable rates for polls and est.ates cattle, etc. reduced horses and mares income tax on arliticers . expense of aiijirehendim; and punish- ing Quakers . . " . . . G3, §10 rebate to towns for bounty [laid for wolves killed .... IfiO, §3 special levy on landed property . 29(i b county rates, arrears to be levied on warrant of county court . . . 151, §4 corn, etc., to be ac- ceiited at country rate, 152, §5 town rates to include cost of minis- ter's house . 45, §!(! of minister's maintenance, 45, §17 assessment of lands, where they lie . 23, §2 persons where they dwell . . . 23, §2 lands and persons out- side townships . 24, §3 strangers . . . 25, §1 30, §1 30, §1 24, §3 154, §1 23, §3 . 23, §3 . 301, §1 253, §11 . 24,' §3 to be 23, §3 24, §3 23, §3 23, §3 24, § 1 212, §12 23, §3 23, §3 25, 3 24, §3 21, §3 24, §3 23, §3 23, §3 24, §3 25, §3 2G, §1 TAXES, continued. assessment of commissioner and board of assessors chosen meeting of . list of males from sixteen years .... valuatio:' to be made in sixth month, penalty for neglect of sheep, fixed . merchants, etc doomed .... appeal to county court . collection of, by constable date of return of collections, non-payment, distress of goods for arrest of per- son exemption, magistrates and elders of churches, cattle under one year, hay and corn infirm artificers estates in England . regularly ordained minis- ters . . • . TESTAMENT (see Wills). TESTIMONY (see Witness). of tw»o or more witnesses required for conviction in capital cases . . 158, §1 magistrate of commissioner may take out of court . . 158, §2 except in capital cases, 159, §2 to be recorded . . . 129, §1; 158, §2 of participant in game to be good in Uiw THANKSGIVING (sec Cmiitcii). day of, churches to celebrate . every person to attend wor- ship ..... TIIEET from orchard or garden, etc. one magistr.ate may determine small cases . right to appeal from, of goods in value above 10 shil- lings ..... concealment of .... penalty of neglect to prosecute TILES earth for, regulation of digging prescribed for roofs in Boston . TING. EDWAUI) member of committee on soldiers' relief ...... 247 58, §2 43, §■ 45, §15 13, §2 13, 13, §2 §2 13, 13, 14 §3 SI 14fi 2G9 S' S2 Index to Colonial Lan-; 33 TIPPLING (see Drunkenness, Inn- kkepek). forbidden in public liouses more than half an liour, etc. . . 80, §4 penalty for .... 2H.">, ijH in wine-cellars, etc. . . 81, §7 retailers, householders, etc. 81, §7 TITHING-MEN selectmen to appoint . . 249, §1 to be chosen annually in pre- cincts . . . .■ L'70, §.?; 341, §fl duties prescribed . . 271), ij:!, 341, §7 oath .... 271, §:.; 341, «}« penalty for refusal to serve . . 275, §4 power to arrest disorderly persons . 250, §1 idle persons . . . 339, §2 Sabbath-breakers . . 339, §3 to inspect licensed bouses, 259, §3; 339, <5"l ; 340, §.■) taking o.-ith of fidelity . 257, §1 ; 340, §4 allowance for service . . . 259, §3 TITLE (see ^)keds, Estate, Inhekit- axce). a criminal offence to resist judgment of court conceniiti'.; . . . 1I,§'- fraudulent 32, §3 assured by five years' undisturbed possession . . . 124, §1 ; 200, §5 TOBACCO takers to be presented by constable to magistrate . . . . Cfi, §1 use of, forbidden near houses, etc. . 14(!, §1 in inns, except In private room . 140, §1 TOLL for grinding corn, established . . 100, §1 TOLL BOOK (see Cattle, Clerk ok Whits). of cattle and horses to hp kc'pt by clerk of writs .... 147, §1 TORTUHE not to be applied before conviction . 129, (Jl in capital case, to compel e.xposure of ccmfederates . . . . 129, §1 not to be barbarous or inhuman . 129, §1 TOWNS to set boundaries within 12 months . 10, §1 to perambulate and renew marks .... 10, §1 to pay proportionate cost of bridiies in country highways . . . 12, §1 to impress workmen to repair bridges 12, §3 to |iay damages for injury by defect- tive highways, etc. . . .12, §2 to establish brand-mark for cattle . l.s, ij-' to dispose of lands and woods . . 147, ijl in fee simple . . . 353, ^1 confirmation of . . 354, iJ2 no deed required . . 32, §2 to grant lots 117, IJI to choose ofHcers annually . . 147,^1 to make laws, not criminal, with penalty to twenty shillings . . 147, §1 to levy penalties by distress . . 147, §1 to choose selectmen yearly, or for less time . . . 148, §2 instructions in writing . 148, §2 to dispose of single persons, etc., to service .... 148, §3; 149, §7 to impose fine for refusal to serve ns constable 148, §5 to make orders for prevention of damage by swine, 145, §1 penalty for neglect, 14ti, §3 TOWNS, continved. to nominate clerk of writs . . 29, §1 to nominate magistrates annually . 47, §3 to choose yearly surveyors of goods damaged on board ships . . 209, §8 to appoint gangers, etc. . . . 16, §1 searchers and sealers of leathe. . . . 89, §» to provide seal for . 89, §4 toappoint cullers of bricks . . 321, §4 maritime, to appoint measurers of salt 135, §1 of fifty householders to employ teach- er -. 136, §1 of one hundred householders to main- tain grammar school . . . 136, §2 to assist Indians in fencing ]ilanted ground ...... 76, §7 to pay damages for injury by cattle to Indians' corn-fields . . . 70, §7 to apiiropriate no great pond to a particular jjcrson . . . . 91, §2 to establish a suHicient jmund . . 124, §1 to entertain strangers not above three weeks without license . . 143, §1 to provide a sufficient watch-house, 112, §15 safe storage for amnmni- tion . . . .112, §15 to pay bounty for wcdves killed . 160, §J not liable it killed out- side bounds . . 325, §4 to pay charges of care of insane . 24S, §9 settlement of paupers . . . 123, §1 clerk to read the Sabbath laws at some public meeting' . . 272, §10 horse-racing forbidilen within four miles of ..... 347, §1 to provide flints for soldiers . 237, §13 on frontier, to send aid in distress . 247, §5 firearms to he distributed propor- tionally among .... 227, §3 deserted, regulations of re-settle- ment 207, §10 meeting, liberty of s|ieecli and peti- tion . " 90, §1 qualifications of voters in . . 148, §t restriction of common jirivileges . U9, §0 charges of, how assessed . 23, §2, 3 TH.VDE with Indians ..... 75. §2 reumlation of licenses fur . . 7». §12 Ti;.U)KSMKN to be taxed on income . . . 24, §3 TI{.\l)lN't;-ll()lSES unauthorized, to be demolished . 70, §5 with Indians, abolished . . 237, §14 THAINING (see Militia). ))ersons exempt from . . . 109, §9 to be held six days yearly . . 108, §5 reduced to four days . 200, §2 penally for absence from, 204, §3; 2(>0, §4 iishei-men nmst atlen 1 when at home, 209, §2 masters of vessels in foreign trade only exempt .... 221, §10 sale of liquors at, forbidden . . 205, §1 TRAVEL on the Lord's day, forbidden . . 134, §4 from town to tou ii on riotous pleas- ure, penalty .... 236, §12 TREASON defined 15. §12 punished by death . . 15. §12; 263, §3 no limit to time in which indictment may he brought .... 79. §1 oath to disclose . . . . '.'62, ijl 34 Index to Colon lul Lain TREASUREK TREASURER, continued. of the country elected by ballot . 47, §2 ; of tlie country , powers continued after 274, §1 ; 281', §:! ex]iiration ol term . . . . 330, §3 Ciith prescribed, Ifio, ijl'J of county, clioscn annually by free- seal of office . . 72, §12 men . . . . i.-.o §2 4,'eiieral cliilics of . 1"jO, §I clerk of county court ineli- to issue warrant for gible . . . . 150, §2 collection of fines general duties of 150, §2 from general court to defray charges of hue- or court of assist- and-cry. 31, §2 ants . . . 151, i)4 to receive all fines . 151, §3 fees .... 1">1, ji4 to issue warrant for col- to account yearly . 151, §4 lection . . . . 151, §4 to issue warrants for fees . . . . . 151, >^4 tax levy . . . 2:3, §3 to account yearly to county to receive and account court . . . . 151, §4 for taxes . . 24, §3 to present names of neg- to distrain constable ligent constables . 152, §5 for neylect . . 25, § t to accejit corn, etc., at forbidden to accept country rates 152, §5 wampum in ta.\es . 154, ijl to have powers like coun- to defrav charges of try treasurer 151, §5 hue-and-cry ". . 31, §2 TRESPASS (see Actions). to pay cliarges of el- liy cattle upon fenceil fields 18, §3 ders on |iublic ser- involuntar.v, no damage . 18, S3 vice . . .44, §13 by goats 18, §4 to pay charges of wit- liy swine or calves . . . . 20, «»1 nesses in criminal tu)t exceeding forty shillings, to be cases . . . 159, §3 determined by any magistrate . 20, §1 levy on delinquent, 159, §3 or by commissioners . 20, §1 to receive taxes for by fishermen upon timlier lands for- sale of liquors in liidden unless licensed . 52, §1 licensed houses . 69, §4 on corn or meadow forbidden to to empower collector fishers and fowlers 91, §2 of customs in port TRI.VL (see Action, Causes, Courts, towns . . .70, §3 .TuRons). to execute customs to be first held in inferior court 152, §1 laws . . .71, §10 review on new evidence . 152, §1 to appoint deputies . 72, §10 final apjjcal to general court 152, §1 to appeal to governor choice of trial by bench or bench and and council in doubt- .i'li-y ■ 152, §2 ful cases . . 72, §12 challenge of jurors . . . . 1.52, §3 to collect excise on dispensations to cliihlren, etc. . 152, §t wine . . . 82, §11 TROOl'EUS (see Mii.itia). may substitute deiiu- to furnish themselves with carbines, 226, §2 ties in towns . . 82, §11 repeal of exemption ironi rates 22S, §2 to grant licenses to regulations for enlisting . 207, §8 trade with Indians, 78, §12 privileges of, revised 113, §16; 281, §2 to jiay boumy for kill- repealed 287. §1 ing wolves . . 159, §1 special order for assessment of 296 , h to allow rebate to order allowing Major Pike to enlist counties and towns, IGO, §2 from foot soldiers . . . . 313 §J to distribute [iriuted TRUCKING HOUSES (see Tkadino copies of acts of Houses). general court . 210, §7 TRUST to pay liills of towns of gifts and legacies to colleges, etc. 9, §1 on .account of war TURTOODAS disbursements 240, §2,'? salt, not to be used in curing fish 54, §« UNPrED COLONIES form of commissioners' UNTIMEl-Y DEATH • inquest upon u credentials . 1C3, §3 . 39, §1 UNWHOLESOME PEER (see BREWEns). penalty for furnishing . . . 11, §1 USURY (see Inteuest). contrary to the law of God, forbidden 153, §1 VAGABOND to be apprehended without warrant, 153, §1 punislnnent of .... 153, §1 Quakers, orders concerning . . 62, §10 VALUATION UK ESl'ATES (see Taxes). VERDICT (see .luitoRs). special partial failure to agree to be recorded 87, §3 87, §:J 87, §4 129, §1 Index lo Colonial Lau-a. 35 VERDICT, continued. lil)CTty of frcL-incn in rendering . 153, §1 silence to be counted in the nega- tive . . . ... 153, §1 corrupt or erroneous, proceedings in case of 201. §1 repeal of law allowing magistrates to refuse 202, §1 must be eivcn upon merits of case, 272, §12 VEllKX. II ILL [AH I) ajipointed sliiiiping-ofticcr of Salem, Uluucoster and Marbleliead . . l.'!9, §3 appointed collector of port dues for Siilom and Marblebead . . 271, §9 siipiTseded by Benj. Gerrish . . 313, §0 VESSKLS (see Customs, Fiskinc, Maritime Akfaiks, Sailors, Wrpx'k). survey of, in construction . . 108, §1 sbip-carpenturs to be appointed to view . 138, §1 to condemn l)a, §3 right of passage when tide flows . 91, §2 foreign traders to have freedom of harbors, etc. . 139, §2 port charges upon . 140, §5 must acknowledge government . 141, §G officer of shipping appointed . . 139, §3 duties and fees . 139, §3 rates of wharfage .... I.lfi, §1 regulation of anchorage at Boston . l'>7, §3 penalty for casting dirt into cove . 157, §3 port dues established . . . 271, §9 coasters exempted from giving bonds of entry and clearance . . 290, §1 regulations of entry and clearance . 298 trade witli ship forbidden until anchor- ed in port 299, §1 in distress at sea . . 100, §2G owners, majority to agree in setting forth' .... 93, §1 protest against charter . 93, §2 liberty to sell his share . 94, §3 may order change of voyage 95, §9 may recover ilamages from master and men for neg- lect .... 9i;, §11 liable with master for loss to shipi)er by deficiency of vessel . . . 97, §15 master of, exempt from militarv ser- vice. ." . 109, §9 only if in foreign trade . 1'21, §10 no attachments to issue against without security, 294, §2 in refusal of part owner may take up on bottom- ry .... 93, §1 to have single vote with owners in ordering of vessel . . . .94, §3 liable fordamage by negli- gence or incompetency, 94, §4 to make written agree- ment with sailors . 94, §5 to provide victuals and drink for seamen and passengers . . . 95, §t! to ship or entertain no teaman already engaged, 95, §7 VESSELS, continued. master of, to enter only charter ports . . . . 95. §8 may alter voyage on order, 95, §9 to ])ay wages promptly at end of voyage . . 96, §10 liable for damages by neg- lect . . 96, §11 by fouling at moorage . 96, §12 by running down vessel at an- chor . . 97, §13 by breakingloose from anchor- age . . 98, §17 by deficiency of vessel . . 97, §15 of goods at sea . 97, §16 to appoint watch at sea and in harbor . . 99, §21 to entertain no one on board at unseasonable times . . .99, §2+ tostay by vessel in distress. 100, §26 to give bond of vessel in port .... 139, §3 regulation of conduct on board .... 140, §4 to contribute powder or money in support of fortifications . .140, §5 to bring passengers, stran- gers, before magistrate for examination imme- diately on arrival . 143, §1 to deliver no goods with- out order from collector of port . . . 72, §13 to ol)serve acts of naviga- tion and trade . 358, §2 to make satisfaction for damaged goods . '. 295, §8 forbidden to receive raw hides for ex- port, 64, §1; 205, §2 horses, unless registered . 65, §1 sheep's wool . 219, §2 coin . . 118, §2 pipestaves un- viewed . 122, §1 servant or ne- gro as pas- senger with- out permit . 281, §1 penalty for bringing in Quakers or heretics . 60, §4 penalty for neglecting measurement of salt . 135, §1 penalty for refusal to pay liort'dues . . . 271, §9 regulations concerning import of wines and liq- uors .... 329, §1 sailors to receive no credit at public lumses .... 293. §1 process for debt void against, 293. §1 desertion of . . . . 99, §22 how punished . 99, §23 mutiny and piracy . 211,§9 inefficient pilot, etc., to forfeit wages . . . .98, §20 to keep watch at sea and in harbor .... 99, §21 36 Index to Colonliil Lctirs. VICTUALLEKS, (see iNNKEErERS, Li- censes). to be tiixed on income VIEWEliS nf j)i|)est:ivos (sec Pipi:staves") outli prescribi'd offisli (see Fisii) oalli pr.'scribeil, VIEW OF AKMS (see Mii.itia). VILLAINAGE (see I?o.Nrisi,AVERY). VINTNEK (see Innkeeper, Wine). 24, S:! 22 , «1 K 1). ^■A2 1 0, m VOLUNTEERS (see Militia). to lie suli.ject to all martial Liw-s . 242, §,'? VOTE (see Elections. Bai.i.ot). freemen only to vote . . . 47, §1 ]ienalty for illeiral .... 47, §1 Quakers, etc., disfraneliised . . 48, §5 liberty of, to freemen . . . 1.53, §1 silence to be counteil in tbe neiiative, 153, §1 penalty on moderator for refusal to put vote 153, §1 w WAGES (see Servants). freemen in towns to fi.x to be paid in corn penalty for e.\actin;j: e.xcessive • 1114, §4 . 105, §5 120, §1; T.'A), § 1 1 of porters in Boston and Charles- town to be fixel)cliavior of eliil- fine for non-appear.ance . 159, §3 (Irt-n in nu-ctini; . 234 §6 charges to be borne by delinquent 159, §3 cliililrenalisi'ntfriini oath prescribed 1G7, §22 families at ni),'lit . 2:'.fi P WOLVKS violatiiin of license. 352 §3 bounty for killing .... 159, §1 upon commitment to liouse of correc- payable by town or county tion 127 §3 within whose bounds they in default of payment of fine for are killed .... 325, § 4 sellin;? liquor to Indians ?12, §1.5 special bounty to Indians IGIJ, §2 not al)Ovc 40 stripes at one time 129 §1 additional act in encourage- to be administered only for shame- ment ..... 100, §3 ful crime 129 §1 WOMEN (see Dowry, Marriage, Wife). constable lo inflict .... 31 §1 to he required to spin 141, §1 WHOIUODOM single, or wife in husband's absence , I)umshnient for .... 208 §3 to lodge no one without consent . 21G, §4 WIDOW WOOD dowry 42 §1 towns to grant rights in lands 147, §1 court to assign portion of estate ol restricticlions upon . 149, §G intestate husband .... 158 §3 measurers of . 15G, §2 WIFE (see Makkiagk). assize of, by boat-load . 160, §1 jieiialty for strikini; husband 101 §1 measurement of cord established . 160, §1 in absence of husband to take no WOOL lod-jer without consent of authority. 21G §■» penalty for selling improperly WILLS (see Auministratoh, Kstatk, cleaned 138, §3 Lecacie.s). exportation of, forbidden 219, §2 ajie to make 1, §1 inspectors of, appointed . 219, §2 trustees under, to account to county WOUl) OF GOD (see Doctrine, Her- courts 9, SI esy, Scriptures). penalty for forginf; .... 54, §1 trial according to, by general court. 1.§1 houses or lands granted by 32 §2 liberty of churches under 43, *1 fee of clerk of court for attcstinjr . 130, §1 penalty for disjiaragenient of . 44, §13 to be entered for probate at next books designated as the written and county court ..... 157, §1 infallible •">9, §2 duties of executors and administra- penalty for denial of 59, §2 tors 157, §1 for second offence CO, §3 administration granted in vacation of to prevail in moral cases against cus- court 158, §2 tom or prescription 126, §1 to next of kin of in- WOHKMEN testate . 1.58, §2 artificers required to labor at harvest. 161, §1 jurisdicti(m of county court 158, §3 gift of lir to, forbidden 202, §1 powers of county court in adminis- pay fixed for men impressed to har- tration .... 330, §5; 333, §1 vest corn of absent siddiers . 238, §18 WINIC (see CfSToMS, Licenses). WORSHIP (see Chlrch, Idolatry). import duty upon .... 67, §1 freedom of .... . 43. §6 doubled. . . 2.")3, ^0 penalty for disturbing 44, §14 suspended 304. §1 for absence from 45, §15 continued 312, §1 non-attendance upon, works disfran- tax upon sales of ... . 69, §1 chisement 48, §5 vintners to a<