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 MOCIATED COLLEGE/ OF UPPER XX* 
 
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 ATTOENBT AT LAW,
 
 THE 
 
 BLUE LAWS OF CONNECTICUT: 
 
 A COLLECTION OF THE 
 
 EARLIEST STATUTES AND JUDICIAL PROCEEDINGS 
 OF THAT COLONY; 
 
 AN EXHIBITION OF THE RIGOROUS MORALS AND 
 LEGISLATION OF THE PURITANS. 
 
 EDITED, 
 
 WITH AN INTRODUCTION, 
 
 BT 
 
 SAMUEL M. SMUCKER, LL.D., 
 
 AUTHOR OP "HISTORY OP THE FOPR OKORQES, KI1CO8 OP BlCOLAin), 
 
 "LIFE, SPEECHES, AHD MEMORIALS OP DASIEL WEB8TBB," ETC. 
 
 TSE LIBRARY * 
 4^0CIATED COLLEGES OF UPPER Jlftfjr YO 
 
 PHILADELPHIA: 
 
 PUBLISHED BY DUANE RTiLISON, 
 
 No. 33 SOUTH THIKD STREET. 
 
 1861.
 
 Entered according to Act of Congress, in the year, 1860, by 
 DtJANE RULISON, 
 
 In the Clerk's Office of the District Court of the United States, in and 
 for the Eastern District of Pennsylvania. 
 
 PHILADELPHIA : 
 IEOTYPED BY S. A. GEORGE, 
 607 BAHSOJt STBEXT.
 
 PREFACE. 
 
 THE term " Blue Laws" is an epithet which has 
 long been applied by way of derision to those 
 rigorous judicial regulations and proceedings which 
 form a part of the early history of the colony of 
 Connecticut; and which illustrate, in rather a pecu- 
 liar and forcible manner, the primitive morals and 
 legislation of the Puritans. These laws exceed, 
 in the minuteness of their details and in the se- 
 verity of their penalties, the enactments which 
 were adopted by the rest of the American Colo- 
 nies; nor are they equaled in these respects by 
 the statutes and judicial decisions of any other 
 community with which we are acquainted. Hence 
 it is that they enjoy a kind of pre-eminence in re- 
 gard to quaintness, bluntness, particularity, and 
 antiquated excess of penalty, which has gained 
 for them the equivocal epithet by which they have 
 been generally designated for several generations. 
 
 (3) 
 
 2012513
 
 4 PREFACE. 
 
 The copy of these laws herewith presented, was 
 originally taken from the public records which are 
 preserved in the office of the Secretary of the State 
 of Connecticut. The judicial proceedings which 
 form a portion of the volume were also transcribed 
 from the manuscript records of the court to which 
 they appertain. The first edition of the work having 
 long been out of print, ? iew impression was deemed 
 desirable to meet tl e frequent calls which were 
 made for it. The antique and obsolete orthogra- 
 phy of this remarkable relic of the colonial era of 
 our country has been carefully retained, as forming 
 an essential element of its singularity and value. 
 
 S. M. S. 
 PHILADELPHIA, October 1860.
 
 INTRODUCTION. 
 
 MEMORIALS of former ages possess an attraction 
 for the majority of readers ; but monuments of the 
 peculiar qualities of that stern and vigorous race 
 of men, who have stamped the impress of their 
 genius on society, literature, and government in 
 almost every quarter of the civilized world, during 
 several centuries, are invested with a superior and 
 more absorbing interest. The Puritans and their 
 peculiarities of manner, speech, attire, and belief 
 have often been the subject of ridicule to the dri- 
 veler, of abhorrence to the sensualist, of condem- 
 nation to the bigot ; nevertheless, they have con- 
 stituted one of the chief motive-powers which has 
 urged on the car of human progress ; they have 
 proved to be the most potent bulwarks in defense 
 of liberty; they have formed one of the chief 
 sanctuaries in which virtue, love of truth, hatred 
 to tyrants, and the best interests of mankind, have 
 been protected and enshrined. Wherever the An- 
 glo-Saxon race exists, moulding the laws, religion, 
 and social condition of communities and nations, 
 there the traditions of the quaint peculiarities and 
 austere virtues of the Puritans will be found, as-
 
 6 INTBODUCTION. 
 
 sorting their power as facile principes among the 
 controlling influences which give character to the 
 institutions around them. Hence it is, that the 
 singular collection of judicial enactments and de- 
 cisions familiarly known as the "Blue Laws of 
 Connecticut," possess a serious importance, and 
 not merely, as is sometimes erroneously supposed, 
 a risible and comical interest. 
 
 We purpose, in this Introduction, to trace briefly 
 the origin and development of those several commu- 
 nities in Connecticut who framed and administered 
 these Laws ; and to narrate the leading circumstances 
 and events which attended their history, until the 
 period when these regulation were adopted by them 
 and were incorporated into their civil and ecclesi- 
 astical government. 
 
 j I. ORIGIN OF THE COLONY OF CONNECTICUT. 
 
 On the 20th of March, 1630, about ten years 
 \ after the landing of the pilgrim fathers on Ply- 
 \ mouth Rock, a number of persons who professed 
 < the same religious opinions sailed from Plymouth, 
 i England ; and after a voyage of two months ar- 
 rived off Nantasket Point. They proceeded up 
 Charles river, and having landed, commenced the 
 erection of dwellings, at a place subsequently 
 called Dorchester. These emigrants were under 
 the guidance of the Rev. John Warham, who had 
 been a distinguished Puritan minister in Devon- 
 shire, England. In 1632 a second emigration took 
 place under the conduct of the Rev. Thomas
 
 Hooker, who settled at Newtown. A third com- 
 munity was also established at "Watertown, under 
 the general direction of the Rev. Mr. Phillips. 
 These three communities were situated within the 
 limits of the old colony of Massachusetts. 
 
 In 1634 the accession of numbers from the 
 mother country to the Puritan colonies of the New 
 World, in consequence of the ecclesiastical tyranny 
 which prevailed in England, became so great, that 
 the settlers we have just named conceived the idea, 
 that their interests would be promoted by a removal 
 from Massachusetts to a still newer and less popu- 
 lous location ; and various reports having been 
 circulated in reference to the fertility and salubrity 
 of the region known by the name Connecticut, a 
 number of persons resolved to remove thither, and 
 there establish a new colony. They petitioned the 
 Court of the elder colony for permission to with- 
 draw ; and after considerable opposition their re- 
 quest was granted. It was in the year 1635 that 
 their resolution was carried into effect. First a 
 number of persons from Watertown, plunging into 
 the primeval wilderness of forest which divided the 
 inhabited portions of Massachusetts from the sur- 
 rounding territory, traveled toward the Connecti- 
 cut river ; and at length halted, erected a few huts, 
 and commenced a settlement at Weatherfield. 
 Other companies from Newtown and Dorchester 
 followed, and by them the villages of Hartford and 
 Windsor were subsequently commenced. Thus 
 were laid the foundations of the colony of Con-
 
 8 INTRODUCTION. 
 
 necticut, by persons who had fled, in the first in- 
 stance from ecclesiastical tyranny in England, in 
 order that, amid the wilds and solitudes of a new 
 world, they might enjoy the priceless_| boon of reli- 
 gious liberty. Prominent among these fathers of 
 Connecticut were Messrs. Warham, Hooker, Ludlow 
 Wolcott, and Hopkins, all of whom were either the 
 ministers or magistrates of the three first settlements. 
 These men and their associates deserve the praise 
 of having nurtured and moulded one of the most 
 prosperous and virtuous communities which pro- 
 bably ever existed ; and which, till this day, main- 
 tains a marked preeminence among men for all 
 those qualities which indicate social, moral, and 
 political excellence. 
 
 In the year 1636 the three towns of Hartford, 
 Weatherfield, and Windsor contained about eight 
 hundred persons ; including the garrison of the fort, 
 | which had been erected at the mouth of the Con- 
 \ necticut river, commanded by Lieutenant Gardiner, 
 as a protection against the occasional aggressions 
 of the Dutch, in the neighboring colony of New 
 Amsterdam. 
 
 These colonists settled under the auspices of a 
 \ charter which had been executed in 1631, by 
 \ Robert, Earl of Warwick, president of the Council 
 of Plymouth, to William, Yiscount Say and Seal, 
 Robert Lord Brooks, Lord Rich and others, their 
 heirs and assigns forever; which charter conveyed 
 to them the fee simple of all that portion of New 
 England, which extended from the Narragansett
 
 INTRODUCTION. 9 
 
 river, for the space of forty leagues along the sea 
 shore, toward the west and southwest as far as the 
 confines of Virginia. The title held by the Earl of 
 Warwick had been derived from the Council of 
 Plymouth in England ; and it had been confirmed 
 to him by a royal patent from Charles I. What- 
 ever right and title therefore they possessed in the 
 immense territories included in this patent, they 
 transferred in full force and vigor to the said 
 patentee. 
 
 H. EARLY HISTORY OF THE THREE COLONIES. 
 During the first years of their residence in Con- 
 necticut the colonists endured extreme privations. 
 They were sometimes assailed by the hostile 
 
 , Indians, who viewed the encroachments of the 
 strangers into their own hereditary domains with 
 astonishment, and a not unreasonable jealousy. 
 
 J The most numerous and powerful of these be- 
 
 j longed to the tribe of Pequots. A number of 
 murders were committed by them from time to 
 time, and the colonists lived in constant and im- 
 
 j minent peril. An appeal for aid was at length 
 made to the parent colony of Massachusetts ; in 
 answer to which an expedition numbering ninety 
 men, was sent forth under Captain Endicott, to 
 avenge the outrages committed and punish the 
 offenders. Nothing of moment was effected by 
 this force, except still more deeply to exasperate 
 the savages. Yarious acts of hostility ensued 
 between the two races. Famine and disease began
 
 10 INTRODUCTION. 
 
 to afflict the colonists. The war was afterward 
 resumed by the colony of Massachusetts in conse- 
 
 s quence of these events, and carried on with greater 
 vigor ; inasmuch as the very existence of the set- 
 
 j tlements made in Connecticut seemed to depend 
 upon the energy of their co-operation and assist- 
 
 \ , ance. An Indian village was burned and six 
 hundred persons perished in the flames, and by the 
 fire of their assailants. The savages were eventu- 
 ally conquered, and a treaty was concluded between 
 them and the colonists, by which the former agreed 
 
 | to maintain amicable relations with them, to 
 abandon their native territory, to change their 
 name from Pequot to Narragansett, to pay an an- 
 nual tribute to the English ; and it was agreed that 
 all disputes between the several neighboring tribes 
 should be referred for settlement to the magistrates 
 of the colony, 
 
 In the year 1638 the town of New Haven was 
 founded by emigrants from London, under the 
 guidance of the Rev. John Davenport. He and 
 his associates sailed in the first instance for Boston. 
 After arriving in the colony of Massachusetts, 
 they determined to esfablish a distinct and inde- 
 pendent community ; although persevering efforts 
 were made to retain them at Boston, in conse- 
 quence of the very considerable wealth which the 
 chief men of the company possessed. But they 
 could not be diverted from their resolution ; and 
 Mr. Davenport, accompanied by several leading 
 men, proceeded to visit the region in which New 
 
 1
 
 INTRODUCTION. 11 
 
 Haven now stands. In December, 1638, he and 
 his associates purchased a tract of land from the 
 Indians, who still occupied that territory; and 
 entered into a treaty of perpetual friendship with 
 them. The foundations of the colony was then 
 laid under favorable auspices, chiefly in conse- 
 quence of the superior amount of wealth possessed 
 by the settlers, and expended by them in the 
 undertaking. 
 
 In January, 1639, the three original colonies of 
 Windsor, Hartford, and Weatherfield, assembled 
 at Hartford, for the purpose of adopting a consti- 
 tution and government. This was an important 
 event in giving consistency and unity to the entire 
 community. The constitution which they framed 
 will be found reprinted in Part I. of the following 
 work. Its various provisions in regard to the 
 election of officers ; the number and powers of 
 their representatives ; the reservation of certain 
 important franchises and functions in the hands of 
 the people ; the independence of the action of 
 their magistrates ; the jealousy with which their 
 liberties were guarded ; the equitable manner with 
 which taxes were to be imposed upon the citizens ; 
 and the rigor with which penalties for offenses 
 \ were to be inflicted ; in all these we see the germs 
 of those great principles of civil and religious 
 liberty for which their authors had endured so 
 much, and of which they possessed so clear and so 
 discriminating a conception. 
 
 In accordance with the provisions of this consti-
 
 12 INTRODUCTION. 
 
 tution, the freemen of the three towns convened 
 in Hartford in April, 1639, and elected the first 
 officers under the new consolidated arrangement. 
 John Haynes was appointed governor, six eminent 
 citizens were chosen magistrates. Roger Ludlow, 
 the first of the six, was made deputy-governor. 
 Representatives were selected to sit in the first 
 General Assembly which was convened ; and a 
 number of laws were adopted for the government 
 of the three communities. All these laws were 
 remarkable for the jealousy and care with which 
 the personal rights of the citizens or colonists were 
 preserved. They enacted that no man's life should 
 be taken away, or his reputation injured, or his 
 person arrested, or his property damaged, or his 
 family disturbed, except it should be by virtue of 
 an express law of the colony, commanding and 
 warranting it ; or in case the law as it then stood 
 should be deficient in reaching the matter, some 
 plain and clear rule of the Scriptures, in the mean- 
 ing of which all the magistrates concurred, should 
 be made the standard by which the case was to 
 decided. 
 
 IE. FIRST CONSTITUTION OF THE COLONY OF NEW HA YEN. 
 The colony of New Haven which had been 
 established under the auspices, and had flourished 
 thus far under the superintendence, of the Rev. 
 Mr. Davenport, remained a year without any set- 
 tled civil or religious constitution, except that in- 
 volved in a brief and summary "Plantation-Cove-
 
 INTRODUCTION. 13 
 
 nant." Fresh accessions to their numbers arrived 
 from time to time from England ; and it became 
 desirable that the whole community should be 
 placed under the control of a uniform and benefi- 
 \ cent code of civil and religious enactments. Ac- 
 cordingly on the 4th of June, 1639, all the "free 
 planters" convened in a large barn, and these pro- 
 ceeded in a solemn manner to adopt a constitu- 
 tion for their mutual government. The proceedings 
 were opened by a sermon from Mr. Davenport, 
 who preached from these words : " Wisdom hath 
 builded her house, she hath hewn out her seven 
 pillars. " 
 
 After the conclusion of the religious services 
 Mr. Davenport introduced the special subject of 
 their meeting ; and proceeded to propound a series 
 of questions for their discussion. The answers to 
 these questions, which were eventually adopted by 
 the assembly, form the constitution by which they 
 resolved that they would thenceforth be governed. 
 As this instrument was one of great interest, and 
 is in itself not inferior in importance to those con- 
 tained in the succeeding portions of this volume, 
 we will here present it entire : 
 
 " Query I. Whether the scriptures do hold forth 
 a perfect rule for the direction and government of 
 all men in all duties which they are to perform to 
 God and men, as well in families and common- 
 wealth, as in matters of the church ? This was 
 assented unto by all, no man dissenting, as was ex- 
 pressed by holding up of the hands. Afterwards 
 2
 
 14 INTRODUCTION. 
 
 it was read over to them, that they might see in 
 what words their vote was expressed. They again 
 expressed their consent by holding up their hands, 
 no man dissenting. 
 
 " Query II. Whereas, there was a covenant 
 solemnly made by the whole assembly of free 
 planters of this plantation, the first day of extra- 
 ordinary humiliation, which we had after we came 
 together, that as in matters that concern the 
 gathering and ordering of a church, so likewise in 
 all public officers which concern civil order, as 
 choice of magistrates and officers, making and re- 
 pealing laws, dividing allotments of inheritance, 
 and all things of like nature, we would all of us 
 be ordered by those rules which the scripture 
 holds forth to us ; this covenant was called a 
 plantation covenant, to distinguish it from a church 
 covenant, which could not at that time be made, a 
 church not being then gathered, but was deferred 
 till a church might be gathered, according to God : 
 It was demanded whether all the free planters do 
 hold themselves bound by that covenant, in all 
 businesses of that nature which are expressed in 
 the covenant, to submit themselves to be ordered 
 by the rules held forth in the scripture ? 
 
 "This also was assented unto by all, and no 
 man gainsayed it ; and they did testify the same 
 by holding up their hands, both when it was first 
 propounded, and confirmed the same by holding 
 up their hands when it was read unto them in 
 public. John Clark being absent, when the cove-
 
 INTRODUCTION. 15 
 
 nant was made, doth now manifest his consent to 
 it. Also, Richard Beach, Andrew Law, Goodman 
 Banister, Arthur Halbridge, John Potter, Robert 
 Hill, John Brocket, and John Johnson, these 
 persons, being not admitted planters when the 
 covenant was made, do now express their consent 
 to it. 
 
 " Query III. Those who have desired to be re- 
 ceived as free planters, and are settled in the 
 plantation, with a purpose, resolution and desire, 
 that they may be admitted into church fellowship, 
 according to Christ, as soon as God shall fit them 
 thereunto, were desired to express it by holding 
 up hands. Accordingly all did express this to be 
 their desire and purpose by holding up their hands 
 twice, (viz.) at the proposal of it, and after when 
 these written words were read unto them. 
 
 " Query IV. All the free planters were called 
 upon to express, whether they held themselves 
 bound to establish such civil order as might best 
 conduce to the securing of the purity and peace 
 of the ordinance to themselves and their posterity 
 according to God ? In answer hereunto they ex- 
 pressed by holding up their hands twice as before, 
 that they held themselves bound to establish such 
 civil order as might best conduce to the ends afore- 
 said. 
 
 " Then Mr. Davenport declared unto them, by 
 the scripture, what kind of persons might best 
 be trusted with matters of government ; and by 
 sundry arguments from scripture proved that such
 
 16 INTRODUCTION. 
 
 men as were described in Exod. xviii. 2, Deut. L 
 13, with Deut. xvii. 15, and 1 Cor. vi. 1, 6, 7, 
 ought to be intrusted by them, seeing they were 
 free to cast themselves into that mould and form 
 of commonwealth which appeared best for them in 
 reference to the securing the peace and peaceable 
 improvement of all Christ his ordinances in the 
 church according to God, whereunto they have 
 bound themselves, as hath been acknowledged. 
 
 " Having thus said he sat down, praying the 
 company freely to consider, whether they would 
 have it voted at this time or not. After some 
 space of silence, Mr. Theophilus Eaton answered, 
 it might be voted, and some others also spake to 
 the same purpose, none at all opposing it. Then 
 it was propounded to vote. 
 
 " Query V. Whether free burgesses shall be 
 chosen out of the church members, they that are 
 in the foundation work of the church being actually 
 free burgesses, and to choose to themselves out 
 of the like estate of church fellowship, and the 
 power of choosing magistrates and officers from 
 among themselves, and the power of making and 
 repealing laws, according to the word, and the di- 
 viding of inheritances, and deciding of differences 
 that may arise, and all the businesses of like 
 nature are to be transacted by those free burgesses ? 
 This was put to vote and agreed unto by lifting 
 up of hands twice, as in the former it was done. 
 Then one man stood Up and expressed his dissent- 
 ing from the rest in part ; yet granting, 1. That
 
 INTRODUCTION. 17 
 
 magistrates should be men fearing God. 2. That 
 the church is the company where, ordinarily, such 
 men may be expected. 3. That they that choose 
 them ought to be men fearing God : only at this 
 he stuck, that free planters ought not to give this 
 power out of their hands. Another stood up and 
 answered, that nothing was done, but with their 
 consent. The former answered, that all the free 
 planters ought to resume this power into their own 
 hands again, if things were not orderly carried. 
 Mr. Theophilus Eaton answered, that in all places 
 they choose committees in like manner. The 
 companies in London choose their liveries by 
 > whom the public magistrates are chosen. In this 
 the rest are not wronged, because they expect, in 
 time to be of the livery themselves, and to have 
 \ the same power. Some others entreated the former 
 { to give his arguments and reasons whereupon he 
 ? dissented. He refused to do it, and said, they 
 might not rationally demand it, seeing he let the 
 vote pass on freely and did not speak till after it 
 j was past, because he would not hinder what they 
 j agreed upon. Then Mr. Davenport, after a short 
 relation of some former passages between them 
 two about this question, prayed the company that 
 nothing might be concluded by them on this 
 weighty question, but what themselves were per- 
 suaded to be agreeing with the mind of God, and 
 they had heard what had been said since the 
 voting; he entreated them again to consider of it, 
 | and put it again to vote as before. Again all of 
 2*
 
 18 INTRODUCTION. 
 
 them, by holding up their hands, did show their 
 consent as before. And some of them confessed 
 that, whereas they did waver before they came to 
 the assembly, they were now fully convinced, that 
 it is the mind of God. One of them said that in 
 the morning before he came, reading Deut. xvii. 
 15, he was convinced at home. Another said, 
 that he came doubting to the assembly, but he 
 blessed God, by what had been said, he was now 
 fully satisfied, that the choice of burgesses out of 
 church members, and to instruct those with the 
 power before spoken of, is according to the mind 
 of God revealed in the scriptures. All having 
 spoken their apprehensions, it was agreed upon, 
 and Mr. Robert Newman was desired to write it 
 as an order whereunto every one that hereafter 
 should he admitted here as planters, should submit, 
 and testify the same by subscribing their names to 
 the order : Namely, that church members only 
 shall be free burgesses, and that they only shall 
 choose magistrates and officers among themselves, 
 to have power of transacting all the public civil 
 affairs of this plantation ; of making and repealing 
 laws, dividing of inheritances, deciding of differ- 
 ences that may arise, and doing all things and 
 businesses of like nature. 
 
 " This being thus settled, as a fundamental agree- 
 ment concerning civil government, Mr. Davenport 
 proceeded to propound something to consideration 
 about the gathering of a church, and to prevent the 
 blemishing of the first beginnings of the church
 
 INTRODUCTION. 19 
 
 work, Mr. Davenport advised, that the names of 
 such as were to be admitted might be publicly pro- . 
 pounded, to the end that they who were most ap- 
 proved might be chosen ; for the town being cast 
 into several private meetings, wherein they that 
 lived nearest together gave their accounts one to 
 another Of God's gracious work upon them, and 
 prayed together and conferred to their mutual edi- 
 | fication, sundry of them had knowledge one of 
 i another ; and in every meeting some one was 
 more approved of all than any other ; for this reason, 
 and to prevent scandals, the whole company was 
 entreated to consider whom they found fittest to 
 nominate for this work. 
 
 " Query VI. Whether are you all willing and 
 do agree in this, that twelve men be chosen, that 
 their fitness for the foundation work may be tried ; 
 1 however, there may be more named, yet it may be 
 \ in their power who are chosen, to reduce them to 
 twelve, and that it be in the power of those twelve 
 to choose out of themselves seven, that shall be 
 most approved of by the major part, to begin the 
 church ? 
 
 "This was agreed upon by consent of all, as was 
 expressed by holding up of hands, and that so 
 many as should be thought fit for the foundation 
 work of the church, shall be propounded by the 
 plantation, and written down and pass without ex- 
 \ ception, unless they had given public scandal or 
 \ offence. Yet so as in case of public scandal or 
 \ offence, every one should have liberty to propound
 
 20 INTRODUCTION. 
 
 their exception, at that time, publicly against any 
 man, that should be nominated, when all their 
 names should be writ down. But if the offence 
 were private, that men's names might be tendered, 
 so many as were offended were intreated to deal 
 with the offender privately, and if he gave not sat- 
 isfaction, to bring the matter to the twelve, that 
 they might consider of it impartially and in the 
 fear of God." 
 
 It was further decreed that all persons who 
 wished to become " free planters " or members of 
 the association, should subscribe to the preceding' 
 articles. Accordingly on the 22d of August, 1639, 
 more than a hundred individuals complied with this 
 requisition, and by them seven leading men were af- 
 terward chosen as the rulers of the colony, and as 
 the heads of the church. At that time it was or- 
 dered, that all former regulations for the govern- 
 ment of the public affairs of the plantation which 
 existed should be abrogated ; and that thenceforth 
 the new rules and provisions should alone be author- 
 itative and supreme. Thus the ecclesiastical and 
 civil affairs of the colony of New Haven, its church 
 and state were incorporated into one ; it became, 
 in fact, a diminutive theocracy, in which the secu- 
 lar interests of the community were governed en- 
 tirely by laws which were professedly drawn from 
 the principles taught, and, as far as circumstances 
 permitted, from the examples given, in the Scrip- 
 tures. Theophilus Eaton was chosen the first go- 
 vernor; Rev. John Davenport remained the pastor
 
 INTRODUCTION. 
 
 and spiritual guide ; and the chief authority was 
 possessed, for the time being, by these, and their 
 five associates in the magistracy. The officers 
 were chosen annually, at a general meeting of the 
 free planters, that is, members of the church, which 
 convened at New Haven in October. In all things 
 the Scriptures were made the standard of civil and 
 religious, of secular and ecclesiastical law ; all au- 
 thority was placed in the members of the church ; 
 and they elected to office those who were dele- 
 gated to administer the affairs of the colony. 
 
 17. PROGRESS AND GROWTH OF THE CONNECTICUT COLONIES. 
 Not withstanding the fact that the colonists of Con- 
 necticut derived their title to their lands by purchase 
 from the English patentees, they exhibited a com- 
 mendable degree of honesty, by effecting a second 
 purchase of the same territories from the original 
 Indian owners. Thus they fulfilled a law of equity 
 which was not always observed by the various 
 emigrants from the Old World, who settled in the 
 different portions of the original colonies. At the 
 fame time, the people of Connecticut adopted laws 
 for the protection of the Indians by whom they were 
 still surrounded ; and in many cases they were 
 permitted to erect wigwams, and to reside on the 
 very lands which had been purchased from them. 
 They were also allowed to fish and hunt without 
 restraint, throughout the whole territory which 
 had thus become the property of the colonists by a 
 double title. 
 
 LIBRARY 
 of
 
 22 INTRODUCTION. 
 
 As time progressed, as the settlements increased, 
 as new exigencies and relations sprang up, it be- 
 came necessary to enact more minute laws for the 
 government of those concerned ; and thus that cel- 
 ebrated code at present stigmatized as the "Blue 
 Laws," began to be framed, and gradually in- 
 creased until their completion. The first of these, 
 in the order of time, were those enacted on the 2d 
 of April, 1642, and which were known as the 
 "Capital laws" of Connecticut. They were 
 twelve in number, and their purpose was to pun- 
 ish according to the penalties enacted in the Old 
 Testament, those offenses which were forbidden by 
 them. The texts of Scripture on which they 
 were based were added to each law, as dicta pro- 
 bantia, showing the divine authority by which 
 they were defended. These laws will be found in the 
 succeeding pages, and they are a singular specimen 
 of jurisprudence. Thus .they enact, inter alia, 
 that if a man or woman be a witch, or hath con- 
 sulted with a familiar spirit, they shall be put to 
 death, (Exod. xxii. 18. Levit. xx. 22.) If any 
 man steal a man or mankind, or selleth him, or he ; 
 be found in his hand, he shall be put to death. 
 (Exod. xxi. 16.) 
 
 Other measures were gradually adopted to im- 
 prove the condition of these colonies, to perfect their [ 
 government, and to consolidate their power. 
 Young colonies, such as those of Stamford and 
 Guilford, which had more recently been founded, 
 were received by their deputies at a General Court
 
 INTRODUCTION. 23 
 
 held at New Haven in April, 1643, as member of 
 the confederacy. 
 
 About the same time an important improvement 
 was made in the judicial practice of the settle- 
 ments, by the introduction of juries. Previous to 
 this period the magistrates had possessed exclusive 
 jurisdiction in the hearing of trials, and in impos- 
 ing and executing penalties. But now, juries were 
 appointed and minute regulations were adopted, 
 for their guidance and direction. It was decreed 
 that, the jury having attended diligently to the 
 evidence given in the trial of causes, if they could 
 not all agree in their verdict, they should give their 
 reasons to the court, who should answer and ex- 
 plain the alleged difficulties, and send them out 
 again. If after further deliberation, they could 
 not then agree upon their verdict, it was ordered, 
 that a majority of the jury should determine the 
 issue ; but if the jury should still be equally divided in 
 adverse judgments, they should represent, the case 
 to the court, stating their several reasons at length , 
 when a special verdict should be drawn up, by a 
 .vote of the majority of the magistrates or judges 
 combined with the majority of .the jurors. At this 
 period, in 16'43, a further imprpvement was made 
 in the judicial machinery of the colonies by the in- 
 troduction of grand-juries, whose functions, similar 
 to those of grand-juries in the mother country, 
 were till then unknown in Connecticut. 
 
 Another important event in the history of these 
 colonies occurred in 1643. The perils which sur-
 
 24 INTRODUCTION. 
 
 rounded them, from the hostile savages on one 
 hand, and from the rival Dutch settlers in New 
 Amsterdam on the other, induced the English colo- 
 nis, =? of New England at that period to enter into 
 a general confederacy, for the purposes of mutual 
 protection. The matter had been under consider- 
 ation for some years; and various attempts had 
 been made to consummate the desired union. On 
 several occasions prominent members of the Con- 
 necticut colonies had visited Boston for the pur- 
 pose of effecting some decisive result, but without 
 success. At length common dangers by which 
 they were surrounded, produced a greater spirit of 
 willingness on the part of Massachusetts to co-op- 
 erate in the work. Accordingly on the 19th of May 
 1643, while the general court of that colony was in 
 session, commissioners were sent from Connecticut 
 to renew the proposals for a defensive union. Go- 
 vernor Haynes from Hartford, Governor Eaton from 
 New Haven, and five other leading members were 
 chosen for this mission; and commissioners were ap- 
 pointed by the general court of Massachusetts to con- 
 fer with them, and to deliberate upon articles of am- 
 ity and co-operation. Their labors were successful, 
 for they convened, not so much to debate and 
 wrangle, as to act, and harmonize, and accomplish 
 something. The accordingly adopted articles of 
 confederation the main purport of which was as 
 follows : 
 
 They declared, in their preamble, that all the colo- 
 nists whom they represented had emigrated to
 
 INTRODUCTION. 25 
 
 America for the same end, to advance the king- 
 dom of Jesus Christ and t enjoy the privileges 
 of the gospel in purity and peace ; that they con- 
 ceived it to be their duty to enter into a compact for 
 their mutual protection ; that they were all of the 
 same nation and religion, and hence desired to be 
 and to remain united ; and that therefore they 
 would adopt the following articles under the name 
 and designation of the " United Colonies of New 
 England." 
 
 They declared further, therefore, that they and 
 the persons whom they represented did thereby, 
 jointly and severally, enter into a firm and perpetual 
 league of friendship, both offensive and defensive, 
 promising each other mutual aid and succor, upon 
 all just occasions, both for preserving and propaga- 
 ting the gospel, and for their own mutual safety and 
 benefit; that each colony reserved to itself the exclu- 
 sive control of its own affairs ; that no two colonies 
 could be united into one, nor any other colony re- 
 ceived into the confederacy, without the consent 
 of the whole ; that each colony should annually 
 send two commissioners, both of whom should 
 in all cases be church members to meet alternately 
 at Boston, Hartford, New Haven, and Plymouth, 
 for the purpose of deliberation and action, who 
 were vested with plenary power to make war and 
 peace, to adopt laws and regulations of a civil na- 
 ture and general concern ; and especially to have 
 jurisdiction over afifairs relating to the Indians, to 
 the general defense of the country, and to the ad-
 
 26 INTRODUCTION. 
 
 vancement of religion. The expense of the wars 
 incurred by these means was to be borne by all 
 in proportion to the number of male inhabitants of 
 each between the ages of sixteen and sixty. 
 
 It was also provided, that upon notice being 
 given by three magistrates of any of the con- 
 federated colonies, that an invasion was antici- 
 pated, the other colonies were to send immediate 
 assistance, in the case of Massachusetts, a hundred 
 men, and forty-five men from each of the other 
 settlements. If a greater number was found to 
 be necessary the commissioners were to assemble 
 forthwith and determine the addition, and the pro- 
 portion of it due from each colony. No colony could 
 engage in hostilities without the consent of the 
 whole confederation. The articles also enacted that 
 all "servants" running from their masters, all crimi- 
 nals flying from justice, and escaping from one 
 colony into another, should be delivered up upon 
 a requisition being made : thus, perhaps, furnish- 
 ing the original, after which the beneficent extra- 
 dition usages of the present day, and prevalent 
 throughout many communities, may have been 
 modeled. The confederation thus adopted proved 
 in succeeding times exceedingly beneficial to the 
 colonies, and tended to their preservation and se- 
 curity amid the horrors which subsequently ensued 
 on many occasions of critical and imminent peril ; 
 during the war with King Philip, the hostili- 
 ties with the Dutch, and the insidious rivalries of 
 the French. This confederation remained in bene-
 
 INTRODUCTION. 27 
 
 ficent force during forty years, until James II. 
 of England, by one of the most arbitrary and 
 infamous acts of his despotism, abrogated the 
 charters of the colonies of New England.* 
 
 V. BISTORT OF THE CONNECTICUT COLONIES TILL THE 
 ADOPTION OP THE BLUE LAWS. 
 
 The chief difficulties which surrounded these 
 colonies at this period, resulted from the continued 
 hostility of the Indians. These aborigines still 
 inhabited the forests and roamed over the lands 
 adjacent to the settlements of the English ; and 
 deeds of private vengeance were inflicted by them 
 from time to time, which called for signal punish- 
 ment. A rumor prevailed, that the savages had 
 I made a solemn threat to exterminate the colonies 
 
 * In 1643 a further improvement was introduced into 
 the judicial government of the Connecticut colonies, 
 by the adoption of a law, passed in a general conven- 
 tion of the free planters, all of them being church 
 members in good standing, which created a Court of 
 Appeals. This court consisted of all the magistrates of 
 the colonies of Connecticut, who were required to meet 
 twice a year at New Haven, on the Mondays preceding 
 the general courts of April and October, to hear appeals 
 from the several courts of the colonies, and to determine 
 all causes, both civil and criminal, which were sub- 
 mitted by the appellants. Each magistrate was obliged 
 to attend, under penalty of a heavy fine ; the judg- 
 ments of the court were to be determined by the voices 
 of the majority; and their decisions were the last re- 
 sort,, and of the highest authority.
 
 28 INTRODUCTION, 
 
 entirely, and sweep the strangers from the face of 
 the territory into which they had intruded. In 
 September, 1644, the commissioners from all the 
 New England colonies convened at Hartford, under 
 the new treaty ; and the impending perils from the 
 Indians became the subject of deliberation. They 
 sent Thomas Stanton their interpreter, to the 
 Narragansetts and Moheagans, for the purpose of 
 inviting their sachems to meet the commissioners 
 at Hartford, and adopting some terms of concilia- 
 tion and amity. The savages complied, a "grand 
 talk" was held between the representatives of the 
 two races, a hollow peace was patched up between 
 them, and further scenes of blood and violence for 
 a time suspended. The Indians left several of 
 their number with the English as hostages for the 
 performance of their engagements ; and a day was | 
 appointed by the colonies for fasting and thanks- 
 giving at this apparently propitious event. 
 
 In the following year, (1645) trouble came from 
 a different quarter. The Dutch colonists of New 
 Amsterdam were actuated by a spirit of jealous 
 rivalry toward their neighbors. Governor Kieft 
 sent an insulting letter to Mr. Eaton, the governor 
 of the colony of New Haven, charging him and 
 his people with a desire to encroach upon the 
 rights of the Dutch ; that they had entered within 
 the limits of New Netherlands; that they were 
 the disturbers of the public peace ; and he threat- 
 ened that, unless reparation were made for the 
 injuries inflicted on their property and trade, he
 
 INTRODUCTION. 29 
 
 would proceed to acts of violence and retribution. 
 To this communication Governor Eaton responded, 
 that the colonists of New Haven had never entered 
 on any lands to which the Dutch possessed the 
 slightest claim ; that the former though often 
 aggrieved by the Dutch, had done nothing incon- 
 sistent with the law of nations, the law of God, 
 or the ancient treaties which existed between Eng- 
 land and Holland ; and they were further willing 
 to submit the questions in dispute to the decision 
 of impartial umpires, either in Europe or America. 
 Meanwhile, the Dutch who had settled at Hart- 
 ford maintained a separate and hostile attitude 
 toward the English colonists at that place, and 
 lived under an independent jurisdiction. Whenever 
 opportunities occurred by which they could annoy 
 and disturb their rivals, they eagerly embraced 
 them. Thus it is narrated, that an Indian woman, 
 of pleasing appearance, who had been engaged in 
 service to one of the English, and who had been 
 guilty of some act which rendered her amenable 
 to a penalty under their rigorous laws, having fled 
 to the Dutch, they refused to give her up ; and 
 although the English authorities demanded her, as 
 a fugitive from justice, yet, the Dutch governor, 
 "in the heighth of disorder," quoth the ancient 
 chronicler, resisted the demand, drew his sword 
 upon the applicant, and retained the woman, "for 
 the purpose of wantonness."* A correspondence 
 
 * Records of the United Colonies. 
 
 ~^^^s*^~^S
 
 INTRODUCTION. 
 
 afterward ensued between the commissioners of 
 the colonies and Governor Kieft of New Amster- 
 dam, in which much bitterness was exhibited on both 
 sides, and which led to no results of any importance, 
 save to increase the spirit of hostility between the 
 rival colonies. These disputes furnished another evi- 
 dence of the truth of the assertion, that "the natural 
 state of mankind is war;" because these colonists 
 quarreled with each other apparently from an 
 inherent necessity of conflict, and impossibility of 
 harmony ; for all their interests, their commercial 
 profits, and their protection against the Indians, who 
 were their common foe, should have urged them to 
 maintain constant friendship, co-operation and 
 unity. 
 
 In 1648 several changes of importance were 
 made in the regulations which governed the Con- 
 necticut colonies. Previous to this period, all the 
 magistrates. rendered their services without salary, 
 being compensated by the honor conferred upon 
 them. In this year the General Court decreed 
 that thenceforth the governor should receive thirty 
 pounds annually; and other sums were appropriated 
 to other functionaries. Excessive rigor seems at this 
 time to have characterized all the new regulations 
 adopted by the magistrates. Thus the use of to- 
 bacco was at this period first prohibited ; and it 
 was enacted that whoever should use the weed 
 without the certificate of a physician and the per- 
 mission of the court, should be fined sixpence for
 
 I 
 
 INTRODUCTION. 31 
 
 \ 
 
 each offense. " And it was farther ordered that 
 the fines should be paid without gainsaying."* 
 
 Ai this period the colonies of Connecticut en- 
 joyed repose, increased in numbers, and were un- 
 disturbed by attacks from the surrounding savages. 
 Another colony was now founded at New London. 
 Friendly relations were commenced with Peter 
 i Stuyvesant, who had recently been appointed gov- 
 ernor of the Dutch colony, which led to mutual 
 benefits. The commissioners of the New England 
 s colonies met regularly, and adjusted the affairs of 
 ,; their several constituents with wisdom and im- 
 ;| partiality. It is recorded that in the year 1649, 
 the whole expense incurred by the confederation was 
 one thousand and forty-three pounds ; of which sum 
 a hundred and fifty-five pounds seventeen shillings 
 and seven pence were due to Connecticut, as 
 having been expended over and above their pro- 
 portion, in the common defense. 
 
 We have now arrived at the period when the 
 code of laws contained in the following pages, was 
 framed and adopted. Until this date, the municipal 
 regulations which governed the colonies of Con- 
 ; necticut were scattered among various depositaries. 
 In the adjudication of many causes, and in the 
 punishment of many offenses, the magistrates were 
 allowed and compelled to exercise a wide discre- 
 tion ; and accordingly, a great diversity existed in 
 regard to the punishments inflicted at different 
 
 * Records of Connecticut, vol. L, p. 170.
 
 82 INTRODUCTION. 
 
 times by different magistrates for the same crimes. 
 Thus, for instance, slander was punished by fine, 
 scourging and imprisonment. In 1646, Ro"bert 
 Bartlett, for thia offense was sentenced to stand in 
 the pillory during the public lecture, to be whipped, 
 to pay a fine of five pounds, and to suffer six 
 months' imprisonment. Not long after, Daniel 
 Turner, for the same crime, under equally aggra- 
 vated circumstances, was whipped, imprisoned for 
 one month, then whipped again, and then held to 
 bail to hold his tongue. Unchastity was in some 
 cases punished by setting in the pillory, and in 
 others, by whipping from one town to another. 
 
 It was now resolved by the General Court 
 whose jurisdiction extended over the Connecticut 
 colonies, that a collection of all the laws which 
 were then in force, should be made ; and that they 
 should be revised, digested, and incorporated into 
 one code. Mr. Roger Ludlow, who had recently 
 retired from the office of deputy governor of Hart- 
 ford, and was then one of the magistrates of that 
 colony, was appointed by the court to perform this 
 duty. He was one of the most esteemed and in- 
 fluential of the colonists, and was well worthy of 
 the important trust confided to him. He labored 
 industriously upon his task and spent several years 
 in accomplishing it. The result of his labors was 
 the preparation of the celebrated code now known 
 as the " Blue Laws," and which are contained in 
 Part II. of the following work, under the title of 
 the Code of 1650. They were presented by him
 
 INTRODUCTION. 
 
 in this consolidated form to the General Court, 
 and by them approved and adopted, as the law of 
 the Connecticut colonies. Some changes were 
 also made in the jurisdiction of the judges ; in 
 cases where a jury could not agree in the trial of 
 a cause, they were authorized to impannel a new 
 one ; and when they thought that the jury had 
 imposed excessive or insufficient damages, they 
 were allowed to alter and amend the verdict ac- 
 cording to their sense of justice.* These laws 
 remained in operation until 1686, when Andros, 
 who had been appointed Governor of New Eng- 
 land by James II., repaired to Hartford, suspended 
 the operation of the existing charter and lasvs, and 
 ruled the colonies by statutes dictated by the au- 
 thority of the British monarch. 
 
 We conclude this introduction with some ob- 
 servations on the character and qualities of the 
 men who contrived, enforced, and obeyed these 
 extraordinary enactments. 
 
 1. It is evident that the men who framed them 
 were conversant with the principles of the common 
 and statute law of England ; that vast and stu- 
 pendous monument of intellect and research, leges 
 scriptce et non scriptae, which had been accumu'- 
 lating in the mother country during many pre- 
 vious ages of the national existence. The truth 
 of this assertion will be evinced by a glance at the 
 laws themselves ; for the provisions there made 
 
 Old Connecticut code, p. 170.
 
 34 INTRODUCTION. 
 
 respecting Barratry, Attachments, Bills, Convey- 
 ances, Escheats, Caveats, and other matters, de- 
 monstrate that the authors were not unlearned in 
 the law, but had tasted of the fountain whose 
 waters were enriched with the affluent and precious 
 contributions of Bracton, Littleton and Coke. 
 The prudence with which they provided for the 
 government of the towns within their jurisdiction, 
 indicates that they were acquainted also with the 
 principles of municipal law; comprising those 
 rules of action, emanating from the supreme 
 power in the state, which govern the conduct and 
 protect the rights of men, when associated to- 
 gether as a community. Nor do they seem to 
 have been ignorant or neglectful of the great prin- 
 ciples of natural law ; of those principles of ab- 
 stract right and justice, which the Creator intended 
 should have a controlling influence over human 
 conduct, and which may be deduced by the im- 
 partial exercise of reason, from the structure of 
 man's own nature, from the teachings of his ex- 
 perience, and from the phenomena of the universe 
 around him.* 
 2. But whatever may have been the respect 
 
 * The Roman Jurists defined Natural Law in general 
 to be quod natura omnia animalia docuit. Justin. Inst. Tit. 
 II., 1. They elsewhere define what they regarded as 
 the fundamental principles or duties inculcated by it : 
 Juris prcecepta sunt JICEC ; honeste vivere, alterum non Icedere, 
 suum cuique tribuere. Ibid. Tit. I., 3. These injunctions 
 the Puritans of Connecticut rigidly obeyed.
 
 INTRODUCTION. 35 
 
 paid bj the framers of the Blue Laws to these 
 sources of juridical knowledge, they were pious 
 and conscientious men, who, in all cases accorded 
 paramount deference, over every other source of 
 authority, to what they believed to be the teach- 
 ings of the Scriptures. In every instance in 
 which a collision or rivalry existed between these 
 standards of justice, the scriptures were appealed 
 to as the ultima ratio, the suprema lex. They 
 were the first "higher law" people who ever existed 
 on this continent ; and they frequently appended 
 to their statutes, the passages of scripture from 
 which their substance was derived, especially in 
 extreme or doubtful cases. Of this class were 
 those instances in which the penalty of death was 
 imposed, to which reference has already been made. 
 Yet we would not by any means intimate that 
 these Puritans were faultless, either in principle 
 or in conduct. They seem in a few respects, in- 
 deed, to have been singularly destitute of a proper 
 conception of the spirit and teaching of that very 
 religion which they professed. They were guilty 
 of some acts which cannot be justified. They 
 sometimes beheaded prisoners taken in war ; and 
 having executed the Indian sachems whom they 
 captured, they enslaved their women and children. 
 They exhibited a censurable spirit by placing the 
 heads of their slain enemies on polls, to be gazed 
 at as monuments of their prowess and triumph. 
 It is the more singular that they should have en- 
 slaved their Pequot captives, as there is a provision
 
 36 /INTRODUCTION. 
 
 among the Blue laws, forbidding the holding or 
 selling of slaves. 
 
 3. These remarkable men were enthusiasts in 
 their religion ; and had made heavy sacrifices, in 
 order to obtain the boon of religious liberty. 
 They had endured the horrors of the primeval for- 
 est, perils from hostile and treacherous savages, 
 cold, hunger, and almost every possible ill, to es- 
 cape from the encroachments of ecclesiastical ty- 
 ranny. They were the same class of men who 
 overturned the ancient monarchy of Britain ; the 
 partisans of Cromwell, Hampden, Vane, and the rest 
 of that stern and inflexible race, who became the 
 founders of the once glorious and powerful com- 
 monwealth of England. They had many pecu- 
 liarities which might readily provoke the laughter 
 of their cotemporaries, and of posterity. The 
 very names which they adopted, in their excessive 
 sanctity, render them an object of amusement to 
 this day, such as : Stand-fast-on-high Stringer, Kill- 
 Sin Pimple, More-fruit, Fowler, Fight-the-good- 
 fight-of-faith White, If-Christ-had-not-died-for- 
 you-you-had-been-damned Barebones, more com- 
 monly termed, for the sake of brevity, Damned 
 Barebones. But in spite of these and other ob- 
 jectionable peculiarities they were well worthy of 
 admiration ; for enthusiasm, which is essential to 
 success in every great and good enterprise, was 
 their's in a pre-eminent degree ; and conscientious 
 integrity always deserves respect, though united 
 with qualities which the sensualist and the for-
 
 INTRODUCTION. 37 
 
 malist may deride. The early New England Pu- 
 ritans were in many important respects a model 
 for after-ages ; and even the extreme rigor which 
 characterizes these Blue Laws, and which is the 
 chief subject of ridicule in connection with them ; 
 what is it, but in one sense a just praise and 
 honor to their authors ? What legislature would 
 now dare to adopt such regulations, and impose on 
 their constituents a standard of morality so high ? 
 What community in this age, would obey such 
 laws ? In what land, or by what government 
 could they be enforced ? By none whatever. 
 These Puritans, in that remote period of peril and 
 uncertain struggle laid the broad and firm founda- 
 tion of that religious and civil edifice, the super- 
 structure of which others, in more propitious and 
 enlightened tunes have so gorgeously built ; but 
 which could never have been erected unless they 
 had performed their primal part, with such signal 
 virtue and ability ; and it would be as unjust to 
 condemn them because they were not the possess- 
 ors of every excellence, as it would be preposter- 
 ous to censure Columbus, for not havudfc discovered 
 the western world, in a colossal ship propelled by 
 steam.
 
 THE 
 
 BLUE LAVS OF CONNECTICUT.
 
 BLUE LAWS OF CONNECTICUT. 
 
 I. 
 
 0t CiMI 
 
 ADOPTED BY THE TOWNS OF WINDSOR, HARTFOED, 
 . AND WEATHEKSFIELD, IN 1638-9. 
 
 FFORASMUCH as it hath pleased the Al- 
 mighty God, by the wise disposition of 
 his divine providence, so to order and 
 dispose of things, that we the Inhabi- 
 tants and residents of Windsor, Hartford, 
 and Weathersfeild, are now cohabiting, 
 and dwelling in and uppon the river of 
 Conneticutt, and the lands thereunto 
 adjoining, and well knowing when a 
 people are gathered together, the word 
 of God requires, that to meinteine the 
 
 (41)
 
 42 BLUE LAWS OF CONNECTICUT. 
 
 peace and union of such a people, there 
 should bee an orderly and decent gov- 
 ernement established according to God, 
 to order and dispose of the affaires of 
 the people at all seasons, as occassion > 
 shall require; doe therefore associate 
 and conjoine ourselves to bee as one 
 publique STATE or COMMONWEALTH ; and 
 doe for ourselves and our successors, and 
 such as shall bee adjoined to us at any 
 time hereafter, enter into combination 
 and confederation together, to meinteine 
 and preserve the libberty and purity of 
 the Gospell of our Lord Jesus, which 
 we now profess, as also the discipline of 
 the churches, which, according to the 
 truth of the said Gospell, is now prac- 
 tised amongst us; as allso in our civill 
 affaires to be guided and governed ac- 
 cording to such lawes, rules, orders, and ( < 
 decrees, as shall bee made, ordered, and 
 decreed,, as followeth:
 
 BLUE LAWS OF CONNECTICUT. 43 
 
 1. It is ordered, sentenced, and decreed, 
 That there shall bee yearly two Generall As- 
 sembly's or Courts, the one the second Thurs- 
 day in Aprill, the other the second Thursday 
 in September following: The first shall bee 
 called the Courte of Election, wherein shall 
 bee yearely chosen, from time to time, so many 
 magistrates and other publique officers, as shall 
 bee found requisite, whereof one to bee chosen 
 Governor for the yeare ensuing, and untill 
 another bee chosen, and no other magistrate to 
 bee chosen for more then one yeare ; provided 
 always, there bee six chosen beside the Gov- 
 ernor, which being chosen and sworne accord- 
 ing to an oath recorded for that purpose, shall 
 have power to administer justice according to 
 the lawes here established, and for want thereof, 
 according to the rule of the word of God; 
 which choyce shall bee made by all that are 
 admitted Freemen, and have taken the oath of 
 fidelity, and do cohabit within this jurissdiction, 
 having beene admitted inhabitants by the major 
 parte of the town where they live or the major 
 parte of such as shall bee then present. 
 
 2. It is ordered, sentenced, and decreed, That
 
 44 BLUE LAWS OF CONNECTICUT. 
 
 the Election of the aforesaid magistrate shall 
 bee on this manner'; every person present and 
 qualified for choyce, shall bring in (to the 
 persons deputed to receive them) one single 
 paper, with the name of him written in it 
 whom he desires to have Governor, and hee 
 that hath the greatest number of papers shall 
 bee Governor for that yeare : And the rest of 
 the Magistrates or publique officers, to be 
 chosen in this manner ; the Secretary for the 
 time being, shall first read the names of all 
 that are to bee put to choyce, and then shall 
 severally nominate them distinctly, and every 
 one that would have the person nominated to 
 bee chosen, shall bring in one single paper 
 written uppon, and hee that would not have 
 him chosen, shall bring in a blanke, and every 
 one that hath more written papers than blanks, 
 shall bee a magistrate for that yeare, which 
 papers shall bee received and told by one or 
 more that shall bee then chosen, by the Courte, 
 and sworne to bee faithfull therein ; but in case 
 there should not bee six persons as aforesaid, 
 besides the Governor, out of those which are 
 nominated, then hee or they which have the
 
 BLUE LAWS OF CONNECTICUT. 45 
 
 most written papers, shall bee a Magistrate or 
 Magistrates for the ensuing yeare, to make up 
 the aforesaid number. 
 
 3. It is ordered, sentenced, and decreed, 
 That the Secretary shall not nominate any 
 person, nor shall any person bee chosen newly 
 into the Magistracy, which was not propounded 
 in some General Courte before, to bee nomi- 
 nated the next election: And to that end, it 
 shall be lawfull for each of the Townes afore- 
 said, by theire Deputies, to nominate any two 
 whoe they conceive fitt to be put to election, 
 and the Courte may add so many more as they 
 judge requisite. 
 
 4. It is ordered, sentenced, and decreed, 
 That no person bee chosen Governor above 
 once in two years, and that the Governor bee 
 always a member of some approved congrega- 
 tion, and formerly of the magistracy, within 
 this Jurissdiction, and all the Magistrates, ffree- 
 rnen of this Commonwealth ; and that no 
 Magistrate or other publique Officer, shall exe- 
 cute any parte of his or theire office before 
 they are severally sworne, which shall bee 
 done in the face of the Courte, if they bee
 
 46 BLUE LAWS OP CONNECTICUT. 
 
 present, and in case of absence, by some 
 deputed for that purpose. 
 
 5. It is ordered, sentenced, and decreed, 
 That to the aforesaid Courte of Election, the 
 severall Townes shall send theire Deputyes, 
 and when the Elections are ended they may 
 proceed in any publique service, as at other 
 Courtes; allso, the other Generall Courte in 
 September, shall bee for making of lawes and 
 any other publique occassion, which concerns 
 the good of the Commonwealth. 
 
 6. It is ordered, sentenced, and decreed, 
 That the Governor shall, either by himselfe or 
 by the Secretary, send out summons to the 
 Constables of every Towne, for the calling of 
 these two standing Courts, one month at least 
 before theire severall times ; And allso, if the 
 Governor and the greatest parte of the magis- 
 trates see cause, uppon any speciall occassion, 
 to call a Generall Courte, they may give order 
 to the. Secretary so to doe, within fourteene 
 dayes warning, and if urgent necessity so re- 
 
 i quire, uppon a shorter notice, giving sufficient 
 grounds for it, to the Deputys, when they 
 meete, or else, bee questioned for the same;
 
 BLUE LAWS OF CONNECTICUT. 47 
 
 and if the Governor and major parte of the 
 Magistrates, shall either neglect or refuse, to 
 call the two Generall standing Courts, or either 
 of them ; as allso, at other times, when the 
 occassions of the Commonwealth require ; the 
 Freemen thereof, or the major parte of them, 
 shall petition to them so to doe, if then it bee 
 either denied or neglected, the said Freemen or 
 the major parte of them, shall have power to 
 give order to the Constables of the severall 
 Towns to doe the same, and so many meete 
 together and choose to themselves a moderator, 
 and may proceed to doe any act of power 
 which any other Generall Courte may. 
 
 7. It is ordered, sentenced, and decreed, 
 That after there are warrants given out for any 
 of the said Generall Courts, the Constable or 
 Constables of each Towne shall forthwith give 
 notice distinctly to the inhabitants of the same, 
 in some publique Assembly, or by going or 
 sending from howse to howse, that at a place 
 and time, by him or them limited and sett, 
 they meete and assemble themselves together, 
 to elect and choose certaine Deputies to bee at 
 the Generall Courte then following, to agitate
 
 48 BLUE LAWS OF CONNECTICUT. 
 
 the affaires of the Commonwealth ; which said 
 Deputies, shall bee chosen by all that are ad- 
 mitted inhabitants in the severall Towns and 
 have taken the oath of fidelity : provided, that 
 none bee chosen a Deputye for any Generall 
 Courte which is not a Freeman of this Com- 
 monwealth : The aforesaid, Deputyes shall bee 
 chosen in manner following; Every person 
 that is present and qualified as before ex- 
 pressed, shall bring the names of such written 
 in severall papers, as they desire to have 
 chosen, for that employment ; and these three 
 or foure, more or less, being the number agreed 
 on to bee chosen, for that time, that have 
 greatest number of papers written for them, 
 shall bee Deputyes for that Courte; whose 
 names shall be indorsed on the backside of the 
 warrant and returned into the Courte, with the 
 Constable or Constables hand unto the same. 
 
 8. It is ordered, sentenced, and decreed, 
 That ^yndsor, Hartford and Weathersfeild, 
 shall have power, each Towne, to send foure 
 of theire Freemen as theire Deputyes, to every 
 Generall Courte, and whatsoever other Townes 
 shall bee hereafter added to this Jurissdiction,
 
 BLUE LAWS OF CONNECTICUT. 49 
 
 they shall send so many Deputyes, as the 
 Courte shall judge meete: a reasonable pro- 
 portion to the number of Freemen, that are in 
 the said Towns, being to bee attended therein ; 
 which Deputyes shall have the power of the 
 whole Towne, to give theire voates and allow- 
 ance to all such lawes and orders, as may bee 
 for the publique good, and unto which the said 
 Towns are to bee bound; And it is allso 
 ordered, that if any Deputyes shall bee absent 
 uppon such occassions, as the Governor for the 
 time being, shall approve of, or by the Provi- 
 dence of God, shall decease this life within the 
 adjournment of any Courte, that it shall bee at 
 the libbertye of the Governor to send forth a 
 warrant, in such case, for supply thereof uppon 
 reasonable warning. 
 
 9. It is ordered, sentenced and decreed, 
 That the Deputyes thus chosen, shall have 
 power and libberty, to appoint a time and 
 place of meeting together, before any Generall 
 \ Courte, to advise and consulte of all such 
 ^ thinges as may concerne the good of the pub- 
 lique ; as allso to examine theire owne Elec- 
 tions, whether according to the order ; and if
 
 \~ 50 BLUE LAWS OP CONNECTICUT, 
 
 s 
 
 they or the greatest parte of them, finde any 
 I election to be illegall, they may seclude such 
 for present, from theire meetinge, and returne 
 the same and theire reasons to the Courte ; and 
 if it proove true, the Courte may fyne the 
 party or partyes so intruding, and the Towne 
 if they see cause, and give out a warrant to goe 
 to a new election in a legall way, either in 
 parte or in whole. Allso the said Deputyes 
 shall have power to fyne any that shall bee 
 disorderly at theire meeting, or for not coming 
 in due time or place, according to appointment, 
 and they may returne the said fyne into the 
 Courte, if it bee refused to bee paid, and the 
 Treasurer to take notice of it, and to estreite 
 or levye as hee doth other fynes. 
 
 10. It is ordered, sentenced and decreed, 
 That every generall Courte (except such as 
 through neglect of the Governor and the great- 
 est parte of Magistrates, the Freemen them- 
 selves doe call,) shall consiste of the Governor 
 or some one chosen to moderate the Courte, 
 and foure other Magistrates at least, with the 
 major parte of the Deputyes of the several 
 Towns legally chosen, and in case the Freemen
 
 BLUE LAWS OF CONNECTICUT. 51 
 
 or the major parte of them, through neglect or 
 refusall of the Governor and major parte of the 
 Magistrates, shall call a Courte, it shall consiste 
 of the major parte of Freemen, that are present, 
 or their Deputyes, with a moderator chosen by 
 them, in which said Generall Courts, shall con- 
 siste the Supreme power of the Commonwealth, 
 and they onely shall have power to make lawes 
 and repeale them, to graunt levyes, to admit 
 of Freemen, dispose of lands undisposed of, to 
 severall Towns or persons; and allso, shall 
 have power to call either Courte or Magistrate, 
 or any other person whatsoever into question, 
 for any misdemeanor, and may for such cause, 
 displace, or deale otherwise, according to the 
 nature of the offence ; and allso may deale in 
 any other matter that concernes the good of 
 this Commonwealth, except election of Magis- 
 trates, which shall bee done by the whole body 
 of Ffreemen; in which Courts the Governor 
 or Moderator shall have the power to order 
 the Courte, to give libbertye of Speech, and 
 silence unreasonable and disorderly speaking, 
 to put all things to voate, and in case the voate
 
 52 BLUE LAWS OF CONNECTICUT. 
 
 bee equall, to have the casting voice: But 
 none of these Courts shall bee adjourned or 
 dissolved without the consent of the major 
 parte of the Courte. Provided, notwithstand- 
 ing, that the Governor or Deputy Governor, 
 with two Magistrates shall have power to keepe 
 a Perticular Courte according to the lawes 
 established: And in case the Governor or 
 Deputy Governor bee absent, or some way or 
 other incapable either to sitt or to bee present ; 
 if three Magistrates meete and chuse one of 
 themselves to bee a Moderator, they may 
 keepe a Perticular Courte, which to all ends 
 and purposes shall bee deemed as legall as 
 though the Governor or Deputy did sitt in 
 Courte. 
 
 11. It is ordered, sentenced, and decreed, 
 That when any General! Courte, uppon the 
 occassions of the Commonwealth, have agreed 
 \ uppon any summ or summs of monye, to be 
 levyed uppon the severall Townes within this 
 Jurissdiction, that a Committee bee chosen, to 
 sett out and appoint, what shall bee the pro- 
 portion of every Towne to pay of the said
 
 BLUE LAWS OP CONNECTICUT. 53 
 
 levye ; Provided the Comittee bee made up of 
 an equall number out of each Towne.(l) 
 
 F orasmuch as the free fruition of such libberties, 
 immunities, privikdges, as humanity, civility 
 and Christianity call for, as due to every man 
 in his place and proportion, without impeach- 
 ment and infringement, hath ever beene and ever 
 will bee the tranquillity and stabillity of Churches 
 and Commonwealths ; and the denyall or de- 
 privall thereof, the disturbance, if not ruine of 
 loth : 
 
 It is thereof ordered by this Courte, and 
 authority thereof, That no man's life shall bee 
 taken away; no man's honor or good name 
 shall be stained; no man's person shall bee 
 arrested, restreined, bannished, dismembred, 
 nor any way punnished ; no man shall bee de- 
 prived of his wife or children ; no man's goods 
 or estate shall bee taken away from him nor 
 
 (1) The eleven preceding sections were "voated" or 
 enacted at a General Courte, held January 14th, 1638 ; 
 and the following provision was added at the revision 
 in 1650. 
 
 5*
 
 54 BLUE LAWS OF CONNECTICUT. 
 
 any ways indammaged, under colour of law, or 
 countenance of authority ; unless it bee by the 
 vertue or equity of some express law of the 
 Country warranting the same, established by 
 a Generall Courte and sufficiently published, 
 or in case of the defect of a law, in any per- 
 ticular case, by the word of God.
 
 II. 
 
 f (p tt* flf 1650. 
 
 A COLLECTION OF THE EARLIEST LAWS AND ORDERS 
 OF THE GENERAL COURT OF CONNECTICUT. 
 
 ABILITY. 
 
 It is ordered by this Courte, that all persons 
 of the age of twenty-one years, and of right 
 understanding and memorye, whether excom- 
 municated, condemned or otherways, have full 
 power and libberty to make their Wills, Testa- 
 ments, and other lawfully Alienations of their 
 goods and estates, and may bee plaintiffs in a 
 civill Case. 
 
 1. Eleusine exciverat. Vnlg6 Eleusi mutavit J. Gron 
 vius, figi rmantque Flor. et Reus iscrn quibus mendo sd. 
 
 ACTIONS. 
 
 Rhenanum ducenta millia praeferunt. Josephus, Zonaras. 
 
 It is further ordered and decreed, That in all 
 Actions brought to any Courte, the Plaintiff 
 
 (55)
 
 56 BLUE LAWS OF CONNECTICUT. 
 
 shall have libberty to withdraw his Action, or 
 to be nonsuted before the Jury have given in 
 theire verdict, in which case, hee shall always 
 pay full costs and charges to the defendant, 
 and may afterwards renew his sute at another 
 Courte, the former nonsute being first recorded. 
 
 AGE. 
 
 It is ordered by this Courte and the au- 
 thority thereof, that the Age for passing away 
 of lands or such kinde of hereditaments, or for 
 giving of voates, or sentences in any Civill 
 Courts or Causes, shall bee twenty and one 
 yeares ; but in case of choosing of Guardians, 
 fourteene years. 
 
 ARRESTS. 
 
 It is ordered, and decreed by this Court and 
 authority thereof, That no person shall bee 
 Arrested or imprisoned for any debt or fyne, 
 if the law can find any competent means of 
 satisfaction otherwise, from his estate, and if 
 not, his person may bee arrested and im- 
 prisoned, where hee shall bee kept at his owne 
 charge, not the plaintifls, till satisfaction bee
 
 BLUE LAWS OF CONNECTICUT. 57 
 
 made, unless the Courte that had cognicance 
 of the cause, or some superior Courte, shall 
 otherwise determine. Provided, nevertheless, 
 that no man's person shall be kept in prison 
 for debt, but when there appears some estate 
 which hee will not produce ; to which end, any 
 Courte or Commissioners authorized by the 
 General Courte, may administer an oath to the 
 partye, or any others suspected to bee privy in 
 concealing his estate, hee shall satisfy e by ser- 
 vice, if the creditor require it ; but shall not 
 bee sould to any, but of the English nation. 
 
 ATTACHMENT. 
 
 It is ordered, sentenced, and decreed, That 
 the ordinary summons or process for the pre- 
 sent, within this Jurissdiction, and untill other 
 provision made to the contrary, bee a warrant, 
 fairely written, under some Magistrate or Ma- 
 gistrates hand or hands, mentioning the time 
 and place of appearance, and if the said partye 
 or partyes do not appeare according to the said 
 warrant or summons, uppon Affidavitt first 
 made, of the serving of the said person or 
 persons, the Courte shall graunt an attachement
 
 58 BLUE LAWS OF CONNECTICUT. 
 
 against the person or persons delinquent, to 
 arrest or aprehend the said person or persons 
 for his or theire willfull contempt, and in case 
 no sufficient securitye or bayle bee tendred, to ; 
 imprison the said partye or partyes returneable 
 the next Oourte, that is capeable to take cog- 
 niscance of the said business in question, and 
 uppon return of the said Attachement, the said 
 said Courte to doe therein, as according to the 
 laws and orders of this Jurissdiction, and in 
 that case allso, the party delinquent to beare 
 his owne charges. 
 
 It is allso ordered, That attachements to 
 seize uppon any man's lands or estate bee 
 onely graunted for, or against, such goods as 
 are fforreigner's, and doe not dwell or inhabitt 
 within this Jurissdiction: or, in case uppon 
 credible information it appeare, that any in- 
 habitant that is indebted, or ingaged, go about 
 to convey away his estate to defraud his credi- 
 tors, or to convey away his person out of this 
 Jurissdiction, so as the process of this Juriss- 
 diction may not bee served upon his person, in 
 that or any other just cases, there may bee 
 Attachement, or Attachements graunted uppon
 
 j 
 
 BLUE LAWS OF CONNECTICUT. 59 
 
 > 
 
 the limitations expressed ; provided, that in all 
 cases of Attachements, all or any of the credi- 
 tors have libberty to declare uppon the said 
 Attachement, if hee come in at the return of 
 the said Attachement ; provided allso, that if 
 any Attachement, laid uppon any man's estate 
 uppon a pretence of a great summ; and if it 
 bee not proved to bee due, in some neare por- 
 tion to the summ challenged, and mentioned in 
 the Attachement, then the security given shall 
 bee lyable to such dammages as are susteined 
 thereby. 
 
 It is further ordered and decreed by this 
 Courte, That whosoever takes out an Attache- 
 ment against any man's person, goods, chatties, 
 lands or hereditaments, sufficient security and 
 caution shall bee given by him to prosecute his 
 action in the next courte, and to answer the de- 
 fendant such costs as shall bee awarded to him 
 by the Courte ; and in all Attachements of goods, 
 or lands, legall notice shall bee given unto the 
 partye, or left in writing at his howse or place 
 of usual abode, if hee live within this Jurissdic- 
 tion ; otherwise, his sute shall not proceed : And 
 it is further ordered and declared, That every
 
 60 BLUE LAWS OF CONNECTICUT. 
 
 man shall have libberty to replevye his cattle or 
 goods impounded, distreined, seized or extended 
 (unless it bee uppon execution after judgement, 
 and in payment of ffynes:) provided in like 
 manner hee put in good securitye to prosecute 
 his replevye, and to satisfie such dammages, 
 demaunds, or dues as his adversary shall re- 
 cover against him in lawe. 
 
 BALLAST. 
 
 It is ordered by this Courte and Authority 
 thereof, That no ballast shall bee taken from 
 any shoare in any Towne within this Jurissdic- 
 tion by any person whatsoever, without allow- 
 ance under the hands of those men that are to 
 order the affaires in each Towne, uppon the 
 penalty of six pence for every shovell full so 
 taken ; unless such stones as they had laid there 
 before: It is allso ordered by the authority 
 aforesaid, That no shipp nor other vessell shall 
 cast out any Ballast in the channell or other 
 place inconvenient, in any harbor within this 
 Jurissdiction ; uppon the penalty of Ten Pounds.
 
 BLUE LAWS OF CONNECTICUT. 61 
 
 BAEEATEY. 
 
 It is ordered, decreed, and by this Courte 
 declared, That, if any man bee proved and ad- 
 judged a common Barrater vexing others with 
 unjust, frequent, and needless sutes; it shall 
 bee in the power of Courtes, both, to reject his 
 cause, and to punnish him for Barratry.* 
 
 BILLS. 
 
 It is ordered by the authority of this Courte ; 
 That any Debt or Debts due uppon Bill or other 
 speciality, assigned to another, shall bee as 
 good a debt, and estate, to the assignee, as it 
 was to the assignor at the time of its assigna- 
 tion, and that it shall bee lawfull for the said 
 assignee, to sue for and recover the said Debt 
 due uppon Bill and so assigned, as fully as the 
 originall Creditor might have done : provided 
 the said assignment be made uppon the back- 
 
 * The Statute law of England punished the offense 
 of common Barratry with extreme severity ; for by VIII. 
 of Elizabeth, c. 2, a penalty of six months' imprisonment 
 was inflicted for itj and if the offender were an attorney, 
 he was transported for seven years. S. M. S
 
 BLUE LAWS OF CONNECTICUT. i 
 
 side of the Bill or speciality, not excluding 
 any just or cleare interest any man may have 
 in any Bills or special tyes made over to them 
 by Letters of Attorneye, or otherwise. 
 
 BOUNDS 
 
 OF TOWNES AND PERTICULAR LANDS. 
 
 Fforasmuch as the Sounds of Townes and of the 
 lands of perticular persons are carefully to bee 
 meintcincd, and not without great danger to bee 
 removed by any; which notwithstanding, by 
 deficiency and decay of marJces, may at una- 
 wares bee done, whereby great jealousies of 
 persons, trouble in Townes, and incumbrances 
 in Courtes, doe often arise, which by due care 
 and meanes might be prevented. 
 
 It is therefore ordered by this Courte and 
 authority thereof, That every Towne shall sett 
 out their bounds within twelve months after 
 the publishing hereof, and after their Bounds 
 are graunted, and that when their Bounds are 
 once sett out, once in the yeare, three or more 
 persons in the Towne appointed by the Select
 
 BLUE LAWS OF CONNECTICUT. 63 
 
 men, shall appointe with the adjacent Townes, 
 to goe the Bounds betwixt theire said Townes, 
 and renew their markes, which markes shall bee 
 a great heape of Stones, or a trench of six 
 foott long and two foott broad, the most ancient 
 Towne (which for the River is determined by 
 the Courte to bee Weathersfeild,) to give notice 
 of the time and place of meeting for this per- 
 ambulation, which time shall bee in the first or 
 second month, uppon paine of five pounds for 
 every Towne that shall neglect the same ; pro- 
 vided, that the three men appointed for per- 
 ambulation shall goe in theire severall quarters, 
 by order of the select men, and at the charge 
 of the severall -Townes : 
 
 And it is further ordered, That if any per- 
 ticular proprietor of lands lying in common 
 with others shall refuse to goe by himselfe or 
 his assigne, the Bounds betwixt his land and 
 other mens, once a yeare, in the first or second 
 month, beeing requested thereunto, uppon one 
 weekes warning, hee shall forfeit for every day 
 so neglecting, ten shillings, halfe to the party 
 mooving thereto, the other halfe to the Towne ; 
 and the owners of all impropriated grounds
 
 64: BLUE LAWS OF CONNECTICUT. 
 
 shall Bound every perticular parcell thereof 
 with sufficient meare-stones and shall preserve 
 and keepe them so, uppon the former penalty. 
 
 BUKGLABY AND THEFT. 
 
 Fforasmuch as many persons of late yeares have 
 beene and are apt to be injurious to the goods 
 and lives of others, notwithstanding all care 
 
 and meanes to prevent and punish the same; 
 s 
 
 It is therefore ordered by this Courte and 
 authority thereof, That if any person shall 
 
 I committ Burglary by breaking up any dwelling 
 howse, or shall robb any person in the feild, or 
 
 \ highwayes, such a person so offending, shall, 
 
 I for the first offence, bee branded on the fore- 
 head with the letter (B) ; if hee shall offend in 
 
 \ the same kinde, the second time, hee shall bee 
 branded as before, and allso, bee severely 
 whipped; and if hee shall fall into the same 
 offence the third time, hee shall bee put to 
 death as being incorrigible ; and if any person 
 shall commit such Burglary, or rob in the 
 feilds or howse on the Lords day, besides the 
 former punishments, hee shall for the first
 
 BLUE LAWS OF CONNECTICUT. 65 
 
 offence have one of his eares cutt of, and for 
 the second offence in the same kinde, he shall 
 looss his other eare in the same manner ; and 
 if hee fall into the same offence the third time, 
 hee shall bee put to death. 
 
 Secondly, for the prevention of pillfring and 
 Theft. 
 
 It is ordered by this Courte and authority 
 thereof, That if any person, whether children, 
 servants or others, shall bee taken or known to 
 robb any orchyards or garden, that shall hurte 
 or steale away any grafts or fruite trees, fruits, 
 linnen, woollen, or any other goods left out in 
 orchyards, gardens, backsides, or other place, 
 in howse or feilds, or shall steale any wood, or 
 other goods from the water side, from mens 
 dores and yards, hee shall forfeitt treble dam- 
 mage to the owners thereof, and such seveere 
 punnishment as the Courte shall thinke meete. 
 
 And forasmuch as many times it so falls out, that 
 small thefts and other offences of a criminall 
 nature are committed^ both by English and 
 Indians in Townes remote from any prison, or
 
 66 BLUE LAWS OP CONNECTICUT. 
 
 other jilt place, to which such malefactors may 
 bee committed till the next Cowrie ; 
 
 It is therefore hereby ordered, That any 
 Magistrate uppon complaint made to him, may 
 heare, and uppon due proofe determine, any 
 such small offences of the aforesaid nature, ac- 
 cording to the lawes heere established, and 
 give warrant to the Constable of that Towne 
 where the offender lives, to levye the same: 
 provided the damage or fyne exceed not forty 
 shillings; provided allso, it shall bee lawfull 
 for either partye to appeal to the next Courte 
 to bee holden in that Jurissdiction, giving 
 sufficient caution to prosecute the same to 
 effect, at the said Courte ; and every magistrate 
 shall make returne yearly to the Courte of the 
 Jurissdiction wherein hee liveth, of what cases 
 he hath so ended ; and allso the Constable, of 
 all such fynes as they have received, and where 
 the offender hath nothing to satisfie, such Ma- 
 gistrate may punnish by stocks or whipping as 
 the cause shall deserve. 
 
 It is allso ordered that all servants or worke- 
 men imbeazling the goods of theire masters
 
 BLUE LAWS OF CONNECTICUT. 
 
 or such as sett them on worke, shall make res- 
 titution and bee lyable to all lawes and penal- 
 tjes, as other men. 
 
 CAPITALL LAWES. 
 
 1. If any man after legall conviction, shall 
 have or worship any other God but the Lord 
 God, hee shall bee put to death. Deut. 13. 6 
 17. 2. Exodus 22. 20. 
 
 2. If any man or woman bee a Witch, that 
 is, hath or consulteth with a familliar spirritt, 
 they shall bee put to death. Exodus 22. 18. 
 Levit 20. 27. Deut. 18. 10, 11. 
 
 3. If any person shall blaspheme the name of 
 God the ffather, Sonne or holy Ghost, with di- 
 rect, express, presumptuous or highhanded 
 blasphemy, or shall curse in the like manner, 
 hee shall bee put to death. Lev. 24. 15, 16. 
 
 4. If any person shall committ any willfull 
 murther, which is manslaughter committed 
 uppon malice, hatred or cruelty, not in man's 
 necessary and just defence, nor by mere casu- 
 alty against his will, hee shall be put to 
 death. Exo. 21. 12, 13, 14. Numb. 35, 30, 31. 
 
 5. If any person shall slay another through
 
 68 BLUE LAWS OF CONNECTICUT. 
 
 guile, either by poisonings or other such Devel- 
 lish practice, hee shall bee put to death. Exo. 
 21. 14. 
 
 6. If any man or woman shall lye with any 
 beast or bruite creature, by carnall copulation, 
 they shall surely bee put to death, and the 
 beast shall be slaine and buried. Levit. 20. 
 15, 16. 
 
 7. If any man lyeth with mankind as hee 
 lyeth with woman, both of them have com- 
 mitted abomination, they both shall surely be 
 put to death. Levit. 20. 13. 
 
 8. If any person committeth adultery with 
 a married or espoused wife, the Adulterer and 
 the Adulteress shall surely bee put to death. 
 Levit. 20. 10, and 18. 20. Deut. 22. 23, 24. 
 
 9. If any man shall forcibly, and without 
 consent, Eavish any maide, or woman that is 
 lawfully married or contracted, hee shall bee 
 putt to death. Deut. 22. 25. 
 
 10. If any man stealeth a man or mankinde, 
 hee shall bee put to death. Exodus 21 16. 
 
 11. If any man rise up by false wittness, 
 wittingly and of purpose to take away any
 
 BLUE LAWS OF CONNECTICUT. 69 
 
 man's life, hee shall bee put to death. Deut. 
 19. 16. 18. 19. 
 
 12. If any man shall conspire or attempt 
 any invasion, insurrection or rebellion against 
 the Commonwealth, hee shall bee put to death. 
 
 13. If any Childe or Children above sixteene 
 years old and of sufficient understanding, shall 
 Curse or smite their naturall father or mother, 
 hee or they shall bee put to death ; unless it 
 can bee sufficiently testified that the parents 
 have beene very unchristianly negligent in the 
 education of such children, or so provoke them 
 by extreme and cruell correction that they 
 have beene forced thereunto to preserve them- 
 selves from death, maiming. Exo. 21. 17. 
 Levit. 20. Ex. 21. 15. 
 
 14. If any man have a stubborne and rebel- 
 lious sonne of sufficient yeares and understand- 
 ing, viz. Sixteene yeares of age, which will not 
 obey the voice of his father or the voice of his 
 mother, and that when they have chastened 
 him will not hearken unto them ; then may his 
 gather and mother, being his naturall parents, 
 lay hold on him and bring him to the Magis- 
 trates assembled in Courte, and testifie unto
 
 BLUE LAWS OP CONNECTICUT. 
 
 them, that theire sonne is stubborne and rebel- 
 lious and will not obey theire voice and Chas- 
 tisement, but lives in sundry notorious Crimes, 
 such a sonne shall bee put to death. Dut. 21. 
 20, 21. 
 
 It is allso ordered by this Courte, and au- 
 thority thereof, That whatsoever Childe or 
 servant within these Libberties, shall bee con- 
 victed of any stubborne, or rebellious carriage 
 against their parents or governors, which is a 
 forrunner of the aforementioned evills; the 
 Governor or any two Magistrates have libberty, 
 and power from this Courte, to committ such 
 person or persons to the House of Correction ; 
 and there to remaine under hard labour, and 
 severe punnishment so long as the Courte, or 
 the major parte of the Magistrates, shall judge 
 meete. 
 
 And whereas frequent experience, gives in sad 
 evidence of severall other wayes of uncleanes, 
 and lascivious carriages, practised amongst us 
 whereunto in regarde of the variety of circum- 
 stances, perticular and express lawes and orders 
 cannott suddenly be suted ; this Courte cannott
 
 BLUE LAWS OF CONNECTICUT. 71 
 
 but looTce upon evills in that Jdnde, as very 
 pernicious and destructive to the well/are of this 
 Commonwealth : 
 
 /" And, doe judge, that severe and sharpe pun- 
 nishment, should bee inflicted upon such delin- 
 quents ; And as they doe approve of what hath 
 beene already done, by the perticular Courte, 
 as agreeing with the Generall power formerly 
 graunted; so they doe hereby confirme the 
 same power to the perticular Courte ; whoe may 
 proceed either by fyne, committing to the 
 house of correction, or other corporall punnish- 
 ment, according to theire discretion ; desiring 
 such seasonable and exemplary executions, 
 may bee done upon offenders in that kinde, 
 that others may heare and feare. 
 
 CASCK AND COOPER. 
 It is ordered by this Courte and Authority 
 thereof, That all Casck used for Tarr or other 
 commodityes to bee put to sale, shall bee 
 assized as folio weth : viz : Every Casck, com- 
 monly called barrills, or halfe-hogs heads, shall 
 contain twenty-eight gallons wine measure, and 
 other vessells proportionable; and that fitt
 
 72 BLUE LAWS OF CONNECTICUT 
 
 persons shall be appointed from time to time, 
 in all placess needfull to gage all such vessells 
 or Cascks, and such as shall be found of due 
 assize shall be marked with the gagers marke 
 and no other, who shall have for his paines 
 foure pence for every Tunn, and so propor- 
 tionably. 
 
 And, It is also ordered, that every Cooper 
 shall have a distinct brand-marke, on his owne 
 Casck, upon paine of forfeiture of Twenty 
 shillings in either case, and so proportionably 
 for lesser vessells. 
 
 CATTLE, COENEFEILDS, FFENCES. 
 Fforasmuch as complaints have leene made of a 
 very evill practise of some disordered persons in 
 the country whoe use to take other mens horses, 
 sometimes upon the Commons, sometimes out of 
 iheire owne grounds, common feilds, and in- 
 closures, and ride them at their e pleasure, with- 
 out any leave or privity of theire owners : 
 
 It is therefore ordered and Enacted, by the 
 authority of this Courte, that whosoever shall 
 take any other mans Horse, Mare, or Drawing 
 Beast, out of his inclosure, uppon any Common,
 
 BLUE LAWS OF CONNECTICUT. 
 
 out of any common-feild or elsewhere ; Except 
 such bee taken dammage-faisant, and disposed 
 of according to law, without leave of the 
 owners, and shall ride or use the same, hee 
 shall pay the partye wronged, treble dammages, 
 or if the complainant shall desire it, then to 
 pay only ten shillings, and such as have not to 
 make satisfaction, shall bee punished by whip- 
 ping, imprisonment, or otherwise, as by law 
 shall be adjudged; And any one magistrate 
 may heare and determine the same. 
 
 It is allso further ordered, That where lands 
 lye in common, unfenced ; if one shall improve 
 his lands, by fencing in severall, and another 
 shall not; hee whoe shall so improve, shall 
 secure his land against other mens cattle, and 
 shall not compell such as joine uppon him, to 
 make any fence with him; except hee shall 
 allso improve in severall, as the other doth: 
 And where one man shall improve, before his 
 neighbour, and so make the whole fence, if after 
 his said neighbour shall improve also, he shall 
 then satisfie for halfe the others fence against 
 him, according to the present value, and shall I 
 meinteine the same : And if either of them shall j 
 7 I
 
 74: BLUE LAWS OF CONNECTICUT. 
 
 after lay open his said feilds (which none shall 
 doe without three months warning) he shall 
 have liberty, to buy the dividend fence, payinge 
 according to the present valuation, to bee sett 
 by two men, chosen by either party one : The 
 like shall bee, where any man shall improve 
 land, against any Towne Common ; provided, 
 this order shall not extend to house lotts, not 
 exceeding ten acres ; but, if in such, one shall 
 improve, his neighbour shall be compellable to 
 make and meinteine one halfe of the fence 
 between them, whether he improve or not. 
 
 Provided allso, that no man shall bee lyable 
 to satisfie for dammage done in any ground not 
 sufficiently fenced; except it shall bee for 
 dammage done by swyne under a yeare old, or 
 unruly Cattle, which will not be restreined by 
 ordinary ffences, or where any man shall put 
 his Cattle, or otherwise voluntarily trespass 
 uppon his neighbours ground: And if the 
 partye damnified find the Cattle dammage- 
 faisant, hee may impound or otherwise dispose 
 of them* 
 
 * At a session of the General Court, in October 1652, 
 \ it was declared and explained, that this order did not 
 I teach the lands on the east side of the great river.
 
 BLUE LAWS OP CONNECTICUT. 75 
 
 CATTLE TO BE MASKED. 
 
 Ffor the preventing of differences that may arise 
 &c. in the owning of cattle, that bee lost or stray 
 away : 
 
 It is ordered by this Courte, that the owners 
 of any Cattle within this Jurissdiction, shall 
 eare marke or brand all theire Cattle and swyne, 
 that are above halfe a yeare old (except horses) 
 and that they cause theire severall markes to bee 
 registred in the towne booke ; and whatsoever 
 cattle shall be found unmarked, after the first 
 of July next, shall forfeitt five shillings a head, 
 whereof two shillings sixpence to him that dis- 
 covers it, and the other to the country. 
 
 COMMON FFEILDS. 
 
 Whereas the condition of these severall plantations 
 in these beginnings, wherein we are, is such, that 
 necessity constraines to improve much of the 
 ground belonging to the severall townes, in a 
 common way, and it is observed, that the pub- 
 lique and generall good (which ought to bee at- 
 tended in all such improvements as are most 
 propper to them, and may best advance the same)
 
 76 BLUE LAWS OF CONNECTICUT 
 
 receives much prejudice through want of prudent 
 ordering and disposing of those severall common 
 lands, so as may best effect the same : 
 
 It is ordered by this Courte and authority 
 thereof, That each towne shall chuse from 
 among themselves, five able and discreet men, 
 whoe, by this order, have power given them, 
 and are required, to take the common lands 
 belonging to each of the severall townes re- 
 spectively, into serious and sadd consideration, 
 and after a thorough digesting of theire owne 
 thoughts, sett downe under theire hands, in 
 what way the said lands may, in theire judg- 
 ments, bee best improved for the common 
 good ; And whatsoever is decreed and deter- 
 mined by the saide five men in each towne, or 
 any three of them, concerning the way of im- 
 provement of any such lands, shall bee attended 
 by all such persons that have any propriety or 
 interest in any such lands so judged. 
 
 And whereas also, much dammage hath arisen, not 
 ondy from the unrulines of some Jcinde of cattle, 
 but also from the weaTcnes and insufficiency of 
 many fences, whereby much variance and differ-
 
 BLUE LAWS OF CONNECTICUT. 77 
 
 ence hath followed, which, if not prevented for 
 the future, may bee very prejuditiall to the pub- 
 lique peace ; 
 
 It is likewise, therefore ordered, that the said 
 five men, so chosen, or at least, three of them, 
 shall sett downe what fences shall bee made in 
 any common grounds, and after they are made, 
 to cause the same to bee viewed, and to sett 
 such fynes as they judge meete, upon any as shall 
 neglect, or not duely attend theire order therein ; 
 and what fences are made and judged sufficient 
 by them, whatsoever dammage is done by hoggs 
 or any other cattle, shall bee paid by the owners 
 of the said cattle. And the severall townes 
 shall have libberty once every yeare, to allter 
 any three of the former five, and to make 
 choyce of others in theire roome : It being pro- 
 vided, that any perticular man or men shall 
 have libberty to inclose any of theire perticular 
 grounds, and improve them according to theire 
 owne discretion, by mutuall agreement, not- 
 withstanding 'this order. 
 
 CAVEATS ENTKED. 
 Whereas it appears, that divers, to defeat and
 
 78 rfLUE LAWS OF CONNECTICUT. 
 
 defraud theire creditors, may secreetly and tin- 
 der hand, make bargaines and contracts of 
 theire lands, lotts and accommodations, by- 
 means whereof, when a creditor thinkes hee 
 hath a meanes, in due order of law, to declare 
 against the said lands, lotts and accommoda- 
 tions, and so recover satisfaction for his debt, 
 hee is wholly deluded and frustrated, which is 
 contrary to a righteous rule, that every man 
 should pay his debt with his estate, bee it in 
 what it will bee, either reall or personall ; this 
 courte taking it into consideration, doe order, 
 sentence and decree, that if any creditor, for the 
 future, doe suspect any debtor, that hee may 
 prove non-solvent in his personall estate, hee 
 may repaire to the register or recorder of the 
 plantation where the lands, lotts or accommo- 
 dations lyes, and enter a caveatt against the 
 lands, lotts or accommodations of the said 
 debtor, and shall give to the said register or re- 
 corder foure pence for the entry thereof; and 
 the said creditor or creditors shall take out 
 summons against the said debtor, and in due 
 forme of law, the next perticular courte, either 
 for the whole colony, or for the perticular plan-
 
 BLUE LAWS OF CONNECTICUT. 79 
 
 tation where the said lands, lotts or accommoda- 
 tions lyes, or the next courte ensuing, decla're, 
 against the said debtors lands, lotts and accom- 
 modations : And so if the creditor recover, hee 
 may enter a judgement uppon the said lotts, 
 lands and accommodations, and take out an ex- 
 tent against the said land, directed to a knowne 
 officer, whoe may take two honest and sufficient 
 men of the neighbours, to apprize the said lands, 
 lotts, and accommodations, either to be sould 
 out right, if the debtor so require, or sett a 
 reasonable rent uppon the same, untill the debt 
 bee paid, and deliver the possession thereof 
 either to the creditor or creditors, his or theire 
 assignee or assigns, or any other ; and what 
 sale or sales, lease or leases the said officer 
 makes, being orderly recorded, according to 
 former order of recording of lands, shall be as 
 legall and bynding, to all intents and purposes, 
 as though the debtor himselfe had done the 
 same : Provided that if the said debtor can 
 then presently procure a chapman or tennant 
 that can give to the creditor or creditors, satis- 
 faction to his or theire content, he shall have 
 the first refusing thereof: Allso it is declared,
 
 80 BLUE LAWS OF CONNECTICUT. 
 
 that hee which first enters caveatts as above said, 
 and his debt being due at his entering the said 
 caveatt, shall be first paid ; and so every credi- 
 tor, as hee enters his caveatt, and his debt be- 
 comes due, shall be orderly satisfied ; unless it 
 appears at the next courte, the debtors lands, 
 lotts and accommodations prove insufficient to 
 pay all his creditors, then every man to have a 
 suitable proportion to his debt out of the same ; 
 and yet notwithstanding every man to receive 
 his parte according to the entry of his caveatt ; 
 yet this is not to seclude any creditor to re- 
 cover other satisfaction, either uppon the per- 
 son or estate of the said debtor, according to 
 the la we and custome of the colony : As allso, 
 it is further decreed, that what sale or bargaine 
 soever, the debtor shall make concerning the 
 said lotts, lands and accommodations, after the 
 entring of the said caveatt, shall be voide as to 
 defraude the said creditors. 
 
 It is allso further explained and declared, 
 That if the said debtor bee knowne to bee a 
 non-solvent man before the first caveatt entred 
 against the said lotts, lands and accommoda- 
 tions and the same appeare at the next perticu-
 
 BLUE LAWS OF CONNECTICUT. 81 
 
 lar courte, then the courte shall have power to 
 call in all the creditors in a shorte time, and 
 sett an equall and indifferent way how the 
 creditors shall bee paid out of the said lotts, 
 lands and accommodations; otherwise, if the 
 said debtor proove insolvent after the first ca- 
 veatt entred, then this order to be dulye ob- 
 served according to the premises, and true in- 
 tent and meaning thereof. 
 
 It is allso further declared, and explained, 
 that the said recorder or register of the said ca- 
 veatt shall, the next perticular courte, as afore- 
 said, returne the said caveatts that are with 
 him, at which time and courte, the enterers of 
 the said caveatts shall be called forth to prose- 
 cute the same the next perticular courte follow- 
 ing; and if the enterer of the said caveatts fail 
 to prosecute according to this order, the register 
 or recorder of the said caveatt or caveatts, shall 
 put a vacatte upon the said caveatt or caveatts, 
 which shall be invalid or voide to hold the said 
 lotts, lands and accommodations aforesaid. 
 
 DISSORDER IN COUETE. 
 It is ordered by this courte, that whosoever
 
 82 BLUE LAWS OP CONNECTICUT. 
 
 doth dissorderly speake privately, during the 
 sitting of the courte, with his neighbour, or two 
 or three together, shall presently pay twelve 
 pence, if the courte so thinke meett. 
 
 SECEEETS IN COUETE. 
 
 It is ordered and decreed, That whatso- 
 ever member of the generall courte, shall re- 
 veale any secreett that the courte enjoyues to 
 be kept secreett, or shall make knowne to any 
 person what any one member of the courte 
 speakes concerning any person or business that 
 may come into agitation, in the courte, shall 
 forfeitt for every such fault, ten pounds, and 
 bee otherwise dealt withall, at the discretion of 
 the courte ; and the secretary is to read this or 
 der at the beginning of every generall courte. 
 
 CHILDEEN. 
 
 Fforassmuch as the good education of children is 
 of singular behoofe and benefit to any com- 
 monwealth ; and whereas many parents and 
 masters are too indulgent and negligent of 
 theire duty in that Tcinde: 
 
 It is therefore ordered by this courte, and au-
 
 BLUE LAWS OF CONNECTICUT. 83 
 
 thority thereof, That the selectmen of every 
 towne in the severall precincts and quarters 
 where they dwell, shall have ayigilent eye over 
 theire brethren and neighbours, to see, first, 
 that none of them shall suffer so much barbar- 
 isme in any of their familyes, as not to indeavor 
 to teach by themselves or others, theire chil- 
 dren and apprentices, so much learning, as may 
 inable them perfectly to read the English tongue, 
 and knowledge of the capitall lawes, uppon 
 penalty of twenty shillings for each neglect 
 therein ; allso, that all masters of familyes, doe, . 
 once a week, at least, catechise their children 
 and servants, in the grounds and principles of 
 religion, and if any bee unable to doe so much, 
 that then, at the least, they procure such chil- 
 dren or apprentices to learne some shorte or- 
 thodox catechisme, without booke that they 
 may bee able to answer to the questions that 
 shall bee propounded to them out of such 
 catechismes by theire parents or masters, OP 
 any of the selectmen, where they shall call 
 them to a tryall of what they have learned 
 in this kinde; and further, that all parents 
 and masters doe breed and bring up theire
 
 84: BLUE LAWS OF CONNECTICUT. 
 
 children and apprentices in some honest law- 
 full calling, labour or imployment, either in 
 husbandry or some other trade profitable for 
 themselves and the commonwealth, if they will 
 not nor cannott traine them up in learning, to 
 fitt them for higher imployments ; and if any 
 of the selectmen, after admonition by them given 
 to such masters of familyes, shall finde them 
 still negligent of theire duty, in the perticulars 
 aforementioned, whereby children and servants 
 become rude, stubborne and unruly, the said 
 selectmen, with the helpe of two magistrates, 
 shall take such children or apprentices from, 
 them, and place them with some masters for 
 years, boyes till they come to twenty -one, and 
 girles eighteene years of age compleat, which 
 will more strictly looke unto and force them to 
 submitt unto governement, according to the 
 rules of this order, if by faire means and for- 
 mer instructions they will not bee drawne 
 unto it. 
 
 CONSTABLES. 
 
 It is further ordered by the authority afore- 
 said, that any person tendered to any constable
 
 BLUE LAWS OF CONNECTICUT. 85 
 
 of this jurissdiction, by any constable or other 
 officer belonging to any fforeinge jurissdiction 
 in this country, or by warrant from any such 
 authority, such shall presently bee received and 
 conveyed forthwith, from constable to constable, 
 till they shall bee brought unto the place to 
 which they are sent, or before some magistrate 
 of this jurissdiction, whoe shall dispose of them, 
 as the justice of the cause shall require, and 
 that all hue and cryes shall be duely received 
 and dilligently pursued to full effect. 
 
 It is ordered by the authority of this Courte, 
 That every constable within one jurissdiction 
 shall, henceforth, have full power to make, 
 signe and put forth, persuits or hue and cryes, 
 after murthers, malefactors, peacebreakers, 
 theeves, robbers, burglarers, and other capitall 
 offenders, where no magistrate is neare hand ; 
 allso, to apprehend, without warrant, such as 
 are overtaken with drinke, swearing, saboath- 
 breaking, slighting the ordinances, lying, va- 
 grant persons, night-walkers, or any other that 
 shall offend in any of these : Provided, they 
 bee taken in the manner, either by sighte of 
 the constable, or by present information from
 
 86 BLUE LAWS OP CONNECTICUT. 
 
 others ; as allso, to make search for all such 
 persons, either on the saboath day, or other, 
 when theire shall bee occasion, in all howses 
 lycenced to sell either beare or wyne, or in any 
 other suspected or dissordered places, and those 
 to apprehend and keepe in safe custody, till op- 
 portunity serves to bring them before one of 
 the next magistrates, for further examination ; 
 provided, that when a constable is employed by 
 any of the magistrates for apprehending of any 
 person, hee shall not doe it without warrant in 
 writing ; and if any person shall refuse to as- 
 siste any constable in the execution of his of- 
 fice, in any of the things aforementioned, being 
 by him required thereto, they shall pay for ne- 
 glect thereof ten shillings to the use of the 
 country, to bee levyed by warrant from any 
 magistrate before whom any such offender shall 
 be brought ; and if it appeare, by good testi- 
 mony, that any shall willfully, obstinately or 
 contemptuously, refuse or neglect to assiste any 
 constable, as is before expressed, hee shall pay 
 to the use of the country, forty shillings ; and 
 if any magistrate or constable, or any other,
 
 BLUE LAWS OF CONNECTICUT. 87 
 
 uppon urgent occasions, shall refuse to doe their 
 best indeavor in raising and prosecuting hue 
 ond cryes, by foott, and if need bee, by horse, 
 after such as have committed capitall crimes, 
 they shall forfeitt, for the use aforesaid, for 
 every such offence, forty shillings. 
 
 And it is allso ordered, That the constables 
 in each towne, shall be chosen from yeare to 
 yeare, before the first of March, and sworne to 
 that office the next courte following, or by 
 some magistrate or magistrates 
 
 CONVEYANCES FKAUDULENT. 
 
 It is ordered by this Courte, and authority 
 thereof, That all covenous or fraudulent aliena- 
 tions or conveyances of lands, tenements or 
 any hereditaments, shall bee of no validity to 
 defeat any man from due debts or legacyes, 
 or from any just title, clay me or possession of 
 that which is so fraudulently conveyed; and 
 that no conveyance, deed or promise whatso- 
 ever, shall bee of validity, if it bee gotten by 
 illegal violence, imprisonment, threatening, or 
 any kind of forcible compulsion, called dures. 
 
 THE LIBRAE?
 
 88 BLUE LAWS OF CONNECTICUT. 
 
 CRUELTY. 
 
 It is ordered by this Courte, and authority 
 thereof, That no man shall exercise any tiranny 
 or cruelty towards any brute creatures, which 
 are usually kept for the use of man. 
 
 DAMMAGES PRETENDED. 
 
 It is ordered by this Courte, That no man in 
 any sute or action against another, shall falsely 
 pretend great dammages or debts, to vexe his 
 adversary ; and if it shall appeare any doth so, 
 the Courte shall have power to sett a reasona- 
 ble fyne on his head. 
 
 DEATH UNTIMELY. 
 
 It is ordered by this Courte and authority 
 thereof, That whensoever any person shall 
 come to any very sudden, untimely or unnatu- 
 rall death, some magistrate, or the constable of 
 that towne, shall forthwith summon a jury of 
 sixe or twelve discreet men to inquire of the 
 cause and manner of theire death, whoe shall 
 present a true verdict thereof, unto some neare 
 magistrate, uppon theire oath.
 
 BLUE LAWS OF CONNECTICUT. 89 
 
 DELINQUENTS. 
 
 It is ordered, That all persons hereafter 
 Committed uppon delinquency, shall beare the 
 charges the country shall bee at in the prose- 
 cution of them ; and shall pay to the master of 
 the prison or howse of correction, two shillings 
 six pence, before hee bee freed therefrom. 
 Vide execution upon delinquents. 
 
 ECLESEASTIOALL. 
 
 Fforasmuch, as the open contempt of Gf-od's 
 word, and messengers thereof, is the deso- 
 lating sinne of civill states and churches, and 
 that the preaching of the word by those 
 whome God doth send, is the cheife ordinary 
 means ordained by G-od, for the converting, 
 edefying and saving the soules of the elect, 
 through the presence and power of the Holy 
 Ghost thereunto promised; and that the 
 ministry of the word is sett up by G-od in his 
 churches for those holy' ends ; and according 
 to the respect and contempt of the same, and 
 of those whome G-od hath sett aparte for his 
 owne worke and imployment, the weak or woe 
 8*
 
 90 BLUE LAWS OF CONNECTICUT. 
 
 of all Christian states, is much furthered and 
 promoted : 
 
 It is therefore ordered and decreed, That if 
 any Christian, so called, within this jurissdic- 
 tion, shall contemptuously beare himselfe to- 
 wards the word preached, or the messengers 
 that are called to dispense the same in any 
 congregation, when hee doth faithfully execute 
 his service, and office therein, according to the 
 will and word of God, either by interrupting 
 him in his preaching, or by charging him 
 falsely with an error, which hee hath not 
 taught, in the open face of the church, or like 
 a sonne of Korah, cast uppon his true doctrine, 
 or himselfe, any reproach to the dishonor of 
 the Lord Jesus, whoe hath sent him, and to the 
 disparagement of that his holy ordinance, and 
 making Gods wayes contemptible and redicu- 
 lous, that every such person or persons, what- 
 soever censure the church may passe, shall, for 
 the first scandall be convented and reproved 
 openly, by the magistrates, at some lecture, 
 and bound to their good behaviour : And if a 
 second time they breake forth into the like
 
 BLUE LAWS OF CONNECTICUT. 91 
 
 contemptuous carriages, they shall either pay 
 five pounds to the publique treasure, or stand 
 two houres openly, uppon a block or stoole 
 foure foott high, uppon a lecture day, with a 
 paper fixed on his breast written with capital 
 letters, AN OPEN AND OBSTINATE CONTEMNER 
 OF GODS HOLY ORDINANCES, that others may 
 feare and bee ashamed of breaking out into 
 the like wickedness. 
 
 It is ordered and decreed by this Courte, and 
 authority thereof, That wheresoever the minis- 
 tery of the word, is established, according to 
 the order of the gospell, throughout this juriss- 
 diction, every person shall duely resorte and 
 attend thereunto respectively, uppon the Lords 
 day, and uppon such publique fast days, and 
 dayes of thanksgiving, as are to bee generally 
 kept by the appointment of authority: And 
 if any person within this jurisdiction shall, 
 without just and necessary cause, withdraw 
 himselfe from hearing the publique ministry 
 of the word, after due meanes of conviction 
 used, hee shall forfeitt for his absence, from 
 every such publique meeting, five shillings: 
 All such offences to bee heard and determined
 
 92 BLUE LAWS OF CONNECTICUT. 
 
 by any one magistrate, or more, from time to 
 time. 
 
 Fforasmuch, as the peace and prosperity of 
 churches, and members thereof, as well as 
 civill rights and libberties, are carefully to 
 bee maintained. 
 
 It is ordered by this Courte and decreed, 
 That the civill authority heere established, 
 hath power and libberty to see the peace, ordi- 
 nances and rules of Christe, bee observed in 
 every church, according to his word : As allso 
 to deale with any church member, in a way of 
 civill justice, notwithstanding any church re- 
 lation, office or interest, so it bee done in a 
 civill, and not in an ecleseasticall way, nor 
 shall any church censure degrade or depose 
 any man from any civill dignitye, office or au- 
 thority hee shall have in the commonwealth. 
 
 ESCHEATS. 
 
 It is ordered by this Courte and authority 
 thereof, That where no heire or owner of 
 bowses, lands, tenements, goods or chattells, 
 can bee found, they shall bee seized to the pub- 
 
 I .....
 
 BLUE LAWS OP CONNECTICUT. 93 
 
 lique treasury, till such heirs or owners shall 
 make due clayme thereunto ; unto whome they 
 shall bee restored uppon just and reasonable 
 termes. 
 
 EXECUTIONS. 
 
 Whereas by reason of the great scarcity of mo- 
 ny execution being taken of severall persons 
 goods, that have been sould at very cheape 
 rates, to the extreme dammage of the debtor ; 
 
 It is therefore ordered, That whatsoever exe- 
 cution shall bee graunted uppon any debts 
 made after the publishing of this order, the 
 creditor shall make choyce of one partye, the 
 debtor of a second, and the courte of a thirde, 
 who shall prise the goods so taken uppon execu- 
 tion aforesaid, and deliver them to the creditor. 
 
 EXECUTION UPPON DELINQUENTS. 
 It is ordered, That the governor, or any 
 other magistrate in this jurissdiction, shall have 
 libberty and power to call forth any person that 
 hath beene publiquely corrected for any misbe- 
 havior, to doe execution uppon any person or 
 persons, by whipping or otherwise ; and that
 
 r 
 
 94 BLUE LAWS OF CONNECTICUT. 
 
 at any time hereafter, as occassion doth require, 
 and in case of defect or want of such, any other 
 person, as hee or they shall thinke meete. 
 
 FFENCES. 
 
 Ffor the preventing of differences that may arise, 
 in making or setting downe of fences, as well 
 in meadows as up land. 
 
 It is ordered, That in the setting of posts and 
 rayles, or hedges in the meadow and home lotts, 
 there shall bee a libberty for either partye of 
 twelve inches from the dividend lyne, for 
 breaking of the ground to set the posts on, for 
 the laying on the hedges; but the stakes 
 and postes are to be sett in the devident lyne ; 
 and in upland there is allowed a libberty e of 
 foure foott for a ditch from the dividend lyne, 
 ffor either of the bordering partyes, where the 
 proportion of ffences belongs unto them. 
 
 FFYNES. 
 
 It is ordered by this Courte, That the estreits 
 for the levying of ffynes shall goe forth once 
 every yeare, both in the townes on the river 
 and by the sea side ; and that some officer in
 
 BLUE LAWS OF CONNECTICUT. 95 
 
 each place, shall bee appointed to levye and re- 
 ceive the same, and the accounts to bee given 
 in by the severall plantations of theire generall 
 charge, at the Courte in September, for the 
 perfecting of the accounts betwixt them ; Mr. 
 Ludlow, is desired to graunt out warrants for 
 the ffynes by the sea side. 
 
 FFYEE. 
 
 It is ordered by this Courte and authority 
 thereof, That whosoever shall kindle any fire 
 in the woods or grounds lying in Common, or 
 inclosed, so as the same shall runn into such 
 corne grounds or inclosures, before the tenth 
 of the first month, or after the last of the sec- 
 ond month, or on the last day of the weeke, or 
 on the Lords day, shall pay all dammages and 
 halfe so much, for a fyne, or if not able to pay, 
 then to bee corporally punished by warrant 
 from one magistrate, or more, as the offence shall 
 jdeserve, not exceeding twenty stripes for one 
 offence | provided that any man may kindle 
 fyre upon his owiie ground, at any time, so as 
 no dammage come thereby, either to the coun- 
 try or any perticular person ; and whosoever
 
 96 BLUE LAWS OF CONNECTICUT. 
 
 shall wittingly and willingly burne or destroy 
 any frame, timber, liewne, sawne, or riven, 
 heapes of wood, charcoale, corne, hay, strawe, 
 hampe, fflaxe, pitch or tarr, hee shall pay 
 double dammages. 
 
 FFOKGEKIE. 
 
 It is ordered by this Courte, and authority 
 thereof, That if any person shall forge any 
 debt, or conveyance, testament, bond, bill, re- 
 lease, acquittance, letter of attorneye, or any 
 writing to prevent equity and justice, he shall 
 stand in the pillorye three severall lecture 
 dayes, and render double dammages to the 
 partye wronged; and allso, bee disabled to 
 give any evidence or verdict to any Courte or 
 magistrate.* 
 
 * In the penalty here attached to forgery, the framers 
 of these laws deserve the praise of unusual clemency; 
 for the Roman Civil Law punished the crimen falsi with 
 banishment, and sometimes with death, while the Com- 
 mon Law of England also inflicted the penalty of death. 
 Vide Justinian's Institutes, IV., 18, 7. Blackstone's Comment. 
 IV. 247. S. M. S.
 
 BLUE LAWS OF CONNECTICUT. 97 
 
 FFOKNICATION. 
 
 It is ordered by this Courte and authority 
 thereof, That if any man shall committ forni- 
 cation, with any single woman, they shall bee 
 punnished, either by injoyning to marriage, or 
 fyne, or corporall punnishment, or all, or any 
 these, as the Courte or magistrates shall ap- 
 point, most agreeable to the word of God. 
 
 GAMING. 
 
 Uppon complaint of great disorder, by the use 
 of the game called shuffle board, in howses of 
 common interteinement, whereby much precious 
 time is spent unfruitfully, and much waste of 
 wyne and beare occasioned ; 
 
 It is therefore ordered and enacted by the 
 authority of this Courte, That no person shall 
 henceforth use the said game of shuffle board 
 in any such howse, nor in any other howse, 
 used as common for such purpose, uppon 
 payne for every keeper of such howse, to for- 
 feitt for every such offence, twenty shillings: 
 And for every person playing at the said game ?
 
 98 BLUE LAWS OF CONNECTICUT. 
 
 in any such howse, to forfeitt for every such 
 offence, five shillings; the like penalty shall 
 bee for playing in any place, at any unlawfull 
 game. 
 
 GUARDS AT MEETING. 
 
 It is ordered by this Courte, That there shall 
 bee a guard of twenty men every sabbath and 
 lecture day, compleat in theire armes, in each 
 severall towne upon the river, and at Sea- 
 brooke and ffarmington eight a piece ; each 
 towne uppon the sea side, in this jurisdiction, 
 ten ; and as the number of men increase in the 
 townes, theire guardes are to increase : And it is 
 farther ordered, that each man in the guards 
 aforesaid, shall bee allowed halfe a pound of 
 powder yearely, by theire several towues. 
 
 HIGHEWAYES. 
 
 Whereas the mainteining of high wayes, in a 
 fitt posture for passage, according to the seve- 
 rall occassions that occure, is not onely neces- 
 sary, for the comfort and safety of man and 
 beast, but tends to the proffitt and advantage 
 of any people, in the issue ;
 
 BLUE LAWS OF CONNECTICUT. 99 
 
 It is thought fitt and ordered, That each towne 
 within this jurissdiction, shall, every yeare, 
 chuse one or two of theire inhabitants, as sur- 
 veyors, to take care of, and oversee the mend- 
 ing and repairing of the highways within their 
 severall townes respectively, who have hereby, 
 power allowed them to call out the severall 
 cartes or person fitt for labour in each towne, 
 two dayes at least, in each yeare, and so many 
 more, as in his or theire judgements, shall bee 
 found necessarry for the attaining of the afore- 
 mentioned end, to be directed in theire worke 
 by the said surveyor or surveyors, and it is 
 left to his or theire libberties, either to require 
 the labour of the severall persons in any familye, 
 or of a teame and one person, where such are, 
 as he finds most advantageous to the publique oc- 
 cassions, hee or they giving at least three dayes 
 notice or warning beforehand, of such imploy- 
 ment; and if any refuse or neglect to attend the 
 service in any manner aforesaid, hee shall forfeit 
 for every days neglect of a mans worke, two 
 shillings six pence, and C|f a team, sixe shillings ; 
 which said fynes shaH bee imployed by the sur- 
 veyors to hire others to warfee in the said wayes ;
 
 100 BLUE LAWS OF CONNECTICUT. 
 
 and the surveyors shall within foure dayes 
 after the severall dayes appointed for worke, 
 deliver in to some magistrate, a true present- 
 ment of all such as have beene defective, with 
 theire severall neglects, who are immediately to 
 graunt a distress to the marshall or constable, 
 for the levying of the incurred forfeiture, by 
 them to bee delivered to the surveyors, for the 
 use aforesaid ; and if the surveyor neglect to 
 performe the service hereby committed to him, 
 either in not calling out all the inhabitants in 
 theire severall proportions, as before, or shall not 
 returne the names of those that are defi- 
 cient, hee shall incurr the same penalty as those 
 whome hee so passes by, are lyable to, by vir- 
 tue of this order ; which shall bee imployed to 
 the use aforesaid, and to bee levyed allso by 
 distress, uppon information and proofe before 
 any one magistrate. 
 
 IDLBNES. 
 
 It is ordered by this courte and authority 
 thereof, That no person, howseholder, or other, 
 shall spend his time idlely or unprofitably, 
 under paine of such punishment, as the courte
 
 BLUE LAWS OF CONNECTICUT. 101 
 
 shall thinke meete to inflict, and for this 
 end, it is ordered, that the constable of 
 every place, shall use speciall care and dilli- 
 gence, to take knowledge of offenders in this 
 kinde; especially of common coasters, un- 
 proffitable fowlers, and tobacko takers, and 
 present the same unto any magistrate, who 
 shall have power to heare and determine the 
 case, or transsfer it to the next courte. 
 
 INDIANS. 
 
 It is ordered and decreed, That where any 
 company of indians doe sitt downe neare any 
 English plantations, that they shall declare who 
 is theire Sachem or Cheife, and that the said 
 Cheife or Sachem shall pay to the said English, 
 such tresspasses as shall bee committed by any 
 indian, in the said plantation adjoyning, either 
 by spoyling or killing any cattle or swyne, 
 either with trapps, doggs or arrowes ; and they 
 are not to pleade, that it was done by strangers, 
 unless they can produce the partye, and deliver 
 him or his goods into the custody of the English ; 
 and they shall pay the double dammage, if it 
 were done voluntarily. The like ingagement 
 6*
 
 102 BLUE LAWS OP CONNECTICUT. 
 
 this courte allso makes to them, in case of 
 wrong or injury e done to them by the English; 
 which shall bee paid by the partye by whome 
 it was done, if hee can bee made to appeare ; or 
 otherwise, by the towne in whose limmits such 
 facts are committed. 
 
 Fforasmuch, as our lenity and gentlenes towards ( 
 Indians, hath made them growe bold and inso- 
 lent to enter into English mens howses and un- \ 
 advisedly handle swords, and peeces, and other 
 instruments, many times to the hazzard of limbs 
 or lives of English or Indians ; and allso, oft 
 steale diverse goods out of such howses where 
 they resorte, for the preventing whereof, 
 
 It is ordered, That whatsoever indian shall 
 hereafter, meddle with, or handle any English 
 mans weapons of any sorte, either in theire 
 howses, or in the feilds, they shall forfeitt for 
 every such defaulte, halfe a fathom of wampum ; 
 and if any hurte or injurye shall . thereupon 
 follow to any persons life or limbe, though ac- 
 cidentall, they shall pay life for life, limbe for 
 limbe, wound for wound; and shall pay for the 
 healing of such wounds, and other dammages :
 
 BLUE LAWS OF CONNECTICUT. 103 
 
 And for any thinge they steale, they shall pay 
 double, and suffer such further punnishment as 
 the magistrates shall adjudge them. The con- 
 stable of any towne may attache and arrest any 
 Indian that shall transsgress in any such kinde 
 beforementioned, and bring them before some 
 magistrate, who may execute the penalty of 
 this order uppon offenders in any kinde, except 
 life or limbe ; and auy person that doth see 
 such defaults, may prosecute, and shall have 
 halfe the forfeiture. 
 
 It is ordered by this courte, and authority 
 thereof, That no man within this jurissdiction, 
 shall directly, or indirectly, amend, repaire, or 
 cause to be amended or repared, any gunn, 
 small or great, belonging to any indian, nor 
 shall indeavor the same, nor shall sell nor give 
 to any indian, directly nor indirectly, any such 
 gunn, nor any gunpowder or shott, or lead, or 
 shott mould, or any millitary weapon or 
 weapons, armor, or arrowe heads, nor shall 
 sell nor barter, nor give any dogg or doggs, 
 small or great, uppon paine of ten pounds fyne 
 for every offence, at least, in any one of the 
 aforementioned perticulars ; and the court shall
 
 104: BLUE LAWS OF CONNECTICUT. 
 
 have power to increase the fyne, or to impose $ 
 corporall punishment, where a fyne cannott bee \ 
 had, at theire discretion. 
 
 And it is allso ordered, That no person nor 
 persons shall trade with them, at, or about 
 theire wigwams, but in theire vessells or pin- 
 naces, or at theire owne howses, on penalty of 
 twenty shillings for each default. 
 
 Whereas it doth appeare, that notwithstanding \ 
 
 the former lawes make against selling gunns "> 
 
 and powder, to indians, they are yet supplied J 
 by indirect means.; 
 
 It is therefore ordered and decreed, That if 
 any person, after publishing of this order, shall 
 sell, barter, or transporte any gunns, powder, J 
 bullitts or lead, to any person inhabiting out \ 
 of this jurissdiction, without license of this { 
 courte, or from some two magistrates, hee shall 
 forfeitt for every gunn, ten pounds : for every 
 pound of gun powder, five pounds ; for every 
 pound of bullitts, or lead, forty shillings ; and 
 so proportionably, for any greater or lesser 
 quantity; provided notwithstanding, that is 
 left to the judgement of the courte, that where
 
 BLUE LAWS OF CONNECTICUT. 105 
 
 any offence is committed against the said order, 
 either to agravate or lessen the penalty, accord- 
 ing as the nature of the offence shall require. 
 
 > Whereas diverse persons departe from amongst 
 us, and take up theire abode with the indians, 
 in aprophane course of life for the preventing 
 whereof; 
 
 It is ordered, That whatsoever person or 
 persons, that now inhabiteth, or shall inhabitt 
 within this jurissdiction, and shall departe 
 from us, and settle or joyne with the indians, 
 ^ that they shall suffer three years imprisonment, 
 at least, in the howse of correction ; and under- 
 go such further censure, by fyne or corporall 
 punnishment, as the perticular courte shall 
 judge meete to inflict in such cases. 
 
 Whereas theffrench, Dutch, and other forraigne 
 nations doe ordinarily trade gunns, powder, 
 shott, c. with the indians, to our great pre- 
 judice, and the strengthening and animating 
 of the indians against us, as by dayly experi- 
 rience we finde ; and whereas the aforesaid 
 ffrench, Dutch, c. doe prohibitt all trade
 
 106 BLUE LAWS OF CONNECTICUT. 
 
 with the indians, within theire respective ju- 
 rissdictionS) under penalty of confiscation ; 
 
 It is therefore, hereby ordered by this courte 
 and authority thereof, That after due publica- 
 tion hereof, it shall not bee lawfull for any 
 {frenchmen, Dutchmen, or person of any other 
 forraigne nation.or any English living amongst 
 them, or under the government of them, or any 
 of them, to trade with any -indian or indians, 
 within the limmits of this jurissdiction, either di- 
 rectly or indirectly, by themselves or others, un- 
 der penalty of confiscation of all such goods 
 and vessells, as shall bee found so trading, or 
 the due value thereof, uppon just proofe made 
 of any goods, of any vessells so trading or 
 traded : And it shall bee lawful for any person 
 or persons inhabiting within this jurissdiction, 
 to make seizure of any such goods or vessells 
 trading with the indians, as by this law is pro- 
 hibited, the one halfe whereof .shall bee to the 
 propper use and benefit of the partye seizing, 
 and the other to the publique. 
 
 This courte judging it necessary that some 
 means should bee used to convey the light and
 
 BLUE LAWS OF CONNECTICUT. 107 
 
 knowledge of God and his worde to the Indians 
 and natives amongst us, doe order, that one of 
 the teaching elders of the churches in this juriss- 
 diction, with the helpe of Thomas Staunton, 
 shall be desired, twise, at least, in every yeare, 
 to goe amongst the neighbouring indians, and 
 indeavour to make knowne to them, the coun- 
 cells of the Lord, and thereby to draw and stirr 
 them up ; to direct and order all theire wayes 
 and conversations, according to the rule of his 
 worde ; and Mr. Governor, and Mr. Deputy, 
 and the other magistrates, are desired to take 
 care and see" the thinge attended, and with theire 
 owne presence, so farre as may bee convenient, 
 incourage the same. 
 
 This courte having duly weighed the joint 
 determination and agreement of the commis- 
 sioners of the United English colonyes, at 
 New-Haven, of Anno 1646, in reference to the 
 indians, and judging it to bee both according to 
 rules of prudence and righteousnes, doe fully 
 assent thereunto, and order that it bee recorded 
 amongst the acts of this courte, and attended 
 in future practice, as occasions may present 
 and require ; The said conclusion is as follows :
 
 108 BLUE LAWS OF CONNECTICUT. 
 
 The commissioners seriously considering the 
 many willfull wrongs and hostile practices of 
 the indians, against the English, together with 
 theire interteining, protecting and rescuing of 
 offenders, as late our experience sheweth, which, 
 if suffered, the peace of the colonyes cannot 
 bee secured ; 
 
 It is therefore concluded, that in such case, 
 the magistrates of any of the jurissdictions, 
 may, at the charge of the plaintiff, send some 
 convenient strenght of English, and according 
 to the nature and value of the offence and 
 dammage, seize and bring away any of that 
 plantation of indians that shall interteine, pro- 
 tect or rescue the offender, though hee should 
 bee in another jurissdiction, when through 
 distance of place, commission or direction can- 
 nott bee had, after notice and due warning 
 given them, as actors, or at least, accessary to 
 the injurye and dammage done to the English; 
 onely women and children to bee sparingly 
 seized, unless knowne to bee someway guilty ; 
 and because it will be chargeable keeping 
 indians in prison, and if they should escape, 
 they are like to prove more insolent and dan-
 
 BLUE LAWS OP CONNECTICUT. 109 
 
 gerous after. It was thought fitt, that uppon 
 such seizure, the delinquent, or satisfaction bee 
 again demanded of the Sagamore, or plantation 
 of indians guilty, or accessary, as before ; and 
 if it bee denyed, that then the magistrates of 
 this jurissdiction, deliver up the Indian seized 
 by the partye or partyes endammaged, either 
 to serve, or to bee shipped out and exchanged 
 for neagers, as the case will justly beare ; and 
 though the comissioners foresee, that said 
 severe, though just proceeding may provoke 
 the indians to an unjust seizing of some of 
 ours, yet they could not, at present, find no 
 better means to preserve the peace of the colo- 
 nyes; all the aforementioned outrages and 
 insolences tending to an open warr; onely they 
 thought fitt, that before any such seizure bee 
 made in any plantation of indians, the ensuing 
 declaration bee published, and a coppye given 
 to the perticular Saggamores. 
 
 The commissioners for the United Colnoyes 
 considering how peace with righteousnes may 
 bee preserved betwixt all the English, and the 
 severall plantations of the indians, thought fitt 
 to declare and publish, as they will doe no
 
 < 
 
 110 BLUE LAWS OF CONNECTICUT. 
 
 injurye to them, so if any Indian or indians of 
 } what plantation soever, doe any willfull dam- 
 mage to any of the English colonyes, uppon 
 proofe, they will in a peaceable way, require 
 just satisfaction, according to the nature of the 
 offence and dammage ; but if any Saggamore 
 or plantation of indians, after notice and due 
 warninge, interteine, hyde, protect, keepe, con- 
 vey away, or further the escape of any such 
 | offendor or offenders, the English will require 
 \ satisfaction of such indian and Saggamore, 
 or indian plantation ; and if they deny it, they 
 wil right themselves as they may, uppon such 
 as so meinteine them that doe the wrong, keep- 
 ing peace and all termes of amity and agree- 
 ment with all other indians 
 
 INKEEPERS. 
 
 Fforasmuch, as there is a necessary use of howses 
 of common interteinement, in every common- 
 wealth, and of such as retaile wine, beare and 
 victualls ; yet, because there are so many abuses 
 of that lawful libber ty, both by persons intertein- 
 ing, and persons interteined, there is allso need
 
 BLUE LAWS OF CONNECTICUT. Ill 
 
 of strict lawes and rules to regulate such an im- 
 ployment. 
 
 It is therefore ordered by this Courte and au- 
 thority thereof, That no person or persons 
 licenced for common interteinment, shall suffer 
 any to bee drunken, or drinke excessively, 
 viz. above halfe a pinte of wyne, for one 
 person, at one time, or to continue tipling 
 above the space of halfe an houre, or at un- 
 reasonable times, or after nine of the clock at 
 night, in or about any of theire howses, on 
 penalty of five shillings for every such offence ; 
 and every person found drunken, viz. so that 
 hee bee thereby bereaved or dissabled in the 
 use of his understanding, appearing in his 
 speech or gesture, in any of the said howses or 
 elsewhere, shall forfeitt ten shillings ; and for 
 excessive drinking, three shillings foure pence ; 
 and for continuing above halfe an houre, tip- 
 ling, two shillings six pence ; and for tipling 
 at unseasonable times, or after nine o'clock at 
 night, five shillings, for every offence in these 
 perticulars, being lawfully convicted thereof; 
 and for want of payment, such shall bee im-
 
 112 BLUE LAWS OF CONNECTICUT. 
 
 prisoned until they pay, or bee sett in the 
 stocks, one houre or more, in some open place, 
 as the weather will permitt, not exceeding 
 three houres at one time; provided, notwith- 
 standing, such licensed persons may interteine 
 seafaring men or land travellers in the night 
 season, when they come first on shoare, or 
 from theire journeye, for theire necessary re- 
 freshment, or when they prepare for theire 
 voyage or journye the next day early, so bee 
 no dissorder amongst them; and allso, stran- 
 gers and other persons, in an orderly way, may 
 continue at such howses of common interteine- 
 ment during meal times, or uppon lawfull 
 business, what time theire occassions shall re- 
 quire. 
 
 And it is allso ordered, That if any person 
 offend in drunkenness, excessive or long drink- 
 ing, the second time, they shall pay double 
 fynes ; and if they fall into the same offence 
 the third time, they shall pay treble fynes and 
 if the parties bee not able to pay theire fynes, 
 then hee that is found drunken shall bee pun- 
 nished by whipping, to the number of ten 
 stripes ; and hee that offends by excessive or long
 
 BLUE LAWS OF CONNECTICUT. 113 
 
 drinking, shall bee put into the stocks for three 
 hours, when the weather may not hazzard his 
 life or limbs; and if they offend the fourth 
 time, they shall bee imprisoned untill they put 
 in two sufficient sureties for their good be- 
 havior. 
 
 And it is further ordered, That the severall 
 townes uppon the river, within this jurissdic- 
 tion, shall provide amongst themselves, in each 
 towne, one sufficient inhabitant, to keepe an 
 ordinary for provision and lodging, in some 
 comfortable manner, that passengers or stran- 
 gers may know where to resorte ; and such in- 
 habitants, as by the severall townes. shall bee 
 chosen for the said service, shall bee presented 
 to two magistrates, that they may judge meete 
 for that imployment ; and this to be effected by 
 the severall townes within one month, under 
 the penalty of forty shillings a month, for each 
 month that each towne shall neglect the same. 
 
 And it is allso further ordered, That every 
 inkeeper or victualler shall provide for in- 
 terteinement of strangers horses, viz. one or 
 more inclosures for summer, and hay and pro- 
 vender for winter, with convenient stable roome 
 -jn*
 
 114 BLUE LAWS OF CONNECTICUT. 
 
 and attendance, under penalty of two shillings 
 six pence for every dayes default and double 
 dammage to the partye thereby wronged, ex- 
 cept it bee by inevitable accident. 
 
 Lastly, It is ordered by the authority afore- 
 said, That all constables may, and shall, from 
 time to time, duely make search throughout 
 the lim mitts of theire townes, uppon Lords dayes 
 and lecture dayes, in times of exercise; and 
 allso, at all other times, so oft as they shall see 
 cause, for all oifences and offenders against this 
 law, in any the perticulars thereof; and if 
 uppon due information or complaint of any of 
 theire inhabitants, or other credible persons 
 whether taverner, victualler, tabler, or other, 
 they shall refuse or neglect to make search as 
 aforesaid, or shall not to theire power, performe 
 all other thinges belonging to theire place or 
 office of constableship, then uppon complaint 
 and due proofe before any one magistrate, 
 within three months after such refusall or ne- 
 glect, they shall be fyned for every such offence, 
 ten shillings, to bee levied by the marshall, as 
 in other cases, by warrant from such magistrate 
 before whome they are convicted, or warrant
 
 BLUE LAWS OF CONNECTICUT. 115 
 
 from the Treasurer, uppon notice from such 
 magistrate. 
 
 It is ordered by this courte and authority 
 thereof, That no inkeeper, victualer, wine 
 drawer, or other, shall deliver any wyne, nor 
 suffer any to bee delivered out of his howse to 
 any which come for it, unless they bring a note 
 under the hand of some one master of some 
 familye and allowed inhabitant of that towne ; 
 neither shall sell or draw any hott water to 
 any but in case of necessitye, and in such 
 moderation for quantity, as they have good 
 grounds to conceive it may not bee abused, 
 and shall bee ready to give an account of theire 
 doings herein, when they are called thereto, 
 under censure of the courte. in case of delin- 
 quency. 
 
 INCITEMENTS. 
 
 If any person shall bee indicted for any cap- 
 itall crime, who is not then in durance, and 
 shall refuse to render his person to some ma- 
 gistrate, within one month after three proclama- 
 tions publiquely made in the town where hee 
 usually abides, there being a month betwixt 
 proclamation and proclamation, his lands and 
 
 ~1
 
 BLUB LAWS OF CONNECTICUT. 
 
 goods shall bee seized to the use of the com- 
 mon treasury, till hee make his lawful appear- 
 ance, and such withdrawing of himselfe, shall 
 stand in stead of one wittness to prove his crime, 
 unless he can make it appeare to the courte, 
 
 that he was necessarily hindred. 
 
 t 
 
 JUKYES AND JURORS. 
 
 It is ordered by the authority of this courte, 
 That in all cases which are entred, under forty 
 shillings, the sute shall bee left to be tryed by 
 the courte of magistrates, as they shall judge 
 most agreeable to equity and righteousnes ; 
 and in all cases that are tryed by juries, it is 
 left to the magistrates to impannell a jury of 
 sixe or twelve, as they shall judge the nature 
 of the case shall require ; and if foure of sixe, 
 or eight of twelve agree, the verdict shall bee 
 deemed to all intents and purposes, sufficient 
 and full ; uppon which, judgment may bee en- 
 tred and execution granted, as if they had all 
 concurred ; but if it fall out, that there bee not 
 such a concurrence, as is before mentioned, 
 the jurors shall returne the case to the courte 
 with theire reasons, and a speciall verdict is to
 
 BLUE LAWS OF CONNECTICUT. 117 
 
 be drawne thereupon, and the vote of the 
 greater number of magistrates shall carrye the 
 same, and the judgment to bee entred, and 
 other proceedings as in case of a verdict by a 
 jury. 
 
 And it is further ordered, That the courte of 
 magistrates shall have libbertye, (if they do not 
 finde in their judgements the jury to have at- 
 tended the evidences given in, and true issue of 
 the case in theire verdict) to cause them to re- 
 turne to a second consideration thereof ; and if 
 they still persist in theire former opinion, to 
 the dissatisfaction of the courte, it shall bee 
 in the power of the Courte, to impannell another 
 jurye, and committ the consideration of the case 
 to them : and it is allso left in the power of the 
 courte to varye and alter the dammages given 
 in by any jurye, as they shall judge most equall 
 and righteous; provided, that what alteration 
 shall at any time bee made in that kinde, bee 
 done in open courte, before plaintiff and defen- 
 dant, or affidavitt made, that they have beene 
 required to bee present ; and that alteration 
 which is made, bee done either the same courte, 
 or provision made to secure the verdict of the
 
 BLUE LAWS OF CONNECTICUT. 
 
 jury, untill the case bee fully issued: Aiid 
 whereas many persons, after their severall 
 causes in courte have beene tryed and issued, 
 have slipt away, or otherwise neglected, if 
 not refused, to pay the charges of the courte, 
 according to order, for preventing thereof, for 
 the future, it is ordered, that whosoever shall 
 have any action or sute in Courte after pub- 
 lishing hereof, shall, as soon his cause is issued, 
 pay the whole charges of the courte, that con- 
 cernes either jury or secretary, before hee de- 
 parts the same ; and the like allso shall bee 
 done by all those whose actions are not taken 
 up and withdrawne before the sitting of the 
 courte wherein they were to be tryed, or other- 
 wise, for neglect or nonperformance of either, 
 bee committed to prison, there to remaine till 
 hee or they have satisfied the same; 
 
 GRAND JURY. 
 
 It is ordered and decreed that there shall be 
 a grand jury of twelve or fourteen able men, 
 warned to appear every courte, yearly, in Sep- 
 tember, or as many and oft as the Governor or 
 courte shall thinke meete, to make presentment
 
 BLUE LAWS OF CONNECTICUT. 119 
 
 of the breaches of any lawes or orders, or any 
 other missdemeanors they shall know of in this 
 jurissdiction. 
 
 LANDS. FKEELANDS. 
 
 It is ordered, and by this courte declared, 
 That our lands and heritages, shall be free from 
 all fynes and lycences uppon alienations ; and 
 from all harriotts, wardships, liveries, primer 
 seizins, yeare day and waste, escheats and for- 
 feitures, uppon the death of parents or ances- 
 tors, bee they naturall, unnaturall, casuall or 
 juditiall, and that forever. 
 
 LEVYES. 
 
 Fforasmuch as the marshalls and other officers, 
 have complained to this courte, that they are of- 
 ten times in great doubt how to demean them- 
 selves in the execution of their offices 
 
 It is ordered by the authority of this courte, 
 That in case of fynes and assessments to bee 
 levyed, and uppon execution, in civill actions, 
 the officer shall demand the same of the party, 
 or at his howse and place of usuall aboade, and
 
 120 BLUE LAWS OF CONNECTICUT. 
 
 uppon refusall or nonpayment, hee shall have 
 power of calling the constable, if hee see cause 
 for his assistance, to breake open the dore of 
 any howse, chest, or place, where hee shall 
 have notice that any goods lyable to such levye 
 or execution, shall bee ; and if hee bee to take 
 the person, hee may doe the like, if uppon de- 
 maund, hee shall refuse to render himselfe; 
 and whatsoever charges the officer shall neces- 
 sarily bee put unto uppon any such occassion, 
 hee shall have power to levye the same, as hee 
 doth the debt, fyne or execution ; and if the 
 officer shall levye any such goods uppon exe- 
 cution, as cannot bee conveyed to the place 
 where the party dwells, for whome such exe- 
 cution shall bee levyed, without considerable 
 charge, hee shall levye the said charge allso 
 with the execution; the like order shall bee 
 observed in levying of fynes, provided, it shall 
 not bee lawfull for such officer to levye any 
 mans necessary bedding, apparrell, tooles or 
 armes, neither implements of household, which 
 are for the necessary upholding of his life ; but 
 in such case, hee shall leveye his land or person, 
 according to law; and in no case, shall the
 
 BLUB LAWS OF CONNECTICUT. 
 
 officer bee put to seeke out any mans estate fur- 
 ther then his place of aboade ; but if the party 
 will not discover his goods or land, the officer 
 may take his person. 
 
 And it is allso ordered and declared, That if 
 any officer shall doe injurye to any, by colour 
 of his office, in these, or any other cases, hee 
 shall bee lyable, uppon complaint of the party 
 wronged, by action or information, to make 
 full restitution. See Marshall. 
 
 LYINGE. 
 
 Whereas truth in words, as well as in actions, 
 is required of all men, especially, of chris- 
 tians, who are the professed servants of the 
 Lord of truth; and whereas, all lying is 
 contrary to truth, and some sortes of lyes are 
 not only sinfull, as all lyes are, but allso, per- 
 nicious to the publique weal and injurious to 
 perticular persons : 
 
 It is therefore ordered by this courte, and 
 
 authority thereof, That every person of the 
 
 age of discretion, which is accounted fourteene 
 
 yeares, who shall wittingly and willingly, make 
 
 11
 
 122 BLUE LAWS OF CONNECTICUT. 
 
 or publish any lye, which may bee pernicious 
 to the publique weal, or tending to the dam- 
 mage or injury of any perticular person, to de- 
 ceive and abuse the people with false news or 
 reportes, and the same duly prooved in any 
 courte, or before any one magistrate, who hath 
 hereby power graunted, to heare and determine 
 all offences against this lawe, such persons shall 
 bee fyned for the first offence, ten shillings, or 
 if the party bee unable to pay the same, then 
 to bee sett in the stocks so long as the said 
 courte or magistrate shall appointe, in some 
 open place, not exceeding three houres ; for the 
 second offence in that kinde, whereof any shall 
 bee legally convicted, the summe of twenty 
 shillings, or be whipped uppon the naked body, 
 not exceeding twenty stripes, and for the third 
 offence that way, forty shillings, or if the party 
 bee unable to pay, then to bee whipped with 
 more stripes, not exceeding thirtye; and if 
 yett, any shall offend in like kinde, and bee 
 legally convicted thereof, such person, male or 
 female, shall bee fyned ten shillings at a time, 
 more then formerly, or if the party so offend- 
 ing, bee unable to pay, then to be whipped with
 
 BLUE LAWS OF CONNECTICUT. 123 
 
 five or six stripes more then formerly, not ex- 
 ceeding forty at any time : And for all such aa 
 being under age of discretion, that shall offend 
 in lyinge contrary to this order, theire parents 
 or masters shall give them due correction, and 
 that in the presence of some officer, if any 
 magistrate shall so appointe; provided allso, 
 that no person shall bee barred of his just 
 action of slander, or otherwise, by any pro- 
 ceeding uppon this order. 
 
 MASTERS, SERVANTS, SOJOURNERS. 
 
 It is ordered by this courte and authority 
 thereof, That no master of a familye shall give 
 interteinment or habitation to any younge man 
 to sojourne in his familye, but by the allowance 
 of the inhabitants of the towne where he dwells, 
 under the penalty of twenty shillings per week ; 
 And it is allso ordered, That no young man 
 that is neither married, nor hath any servant, 
 nor is a publique officer, shall keepe howse by 
 himselfe, without the consent of the towne, for, 
 and under paine or penalty of twenty shillings 
 a week. 
 
 It is allso ordered by the authority aforesaid,
 
 124 BLUE LAWS OF CONNECTICUT. 
 
 That no servant, either man or maid, shall either 
 give, sell or truck, any commodity whatsoever, 
 without license from theire master, during the 
 time of theire service, under paine of fyne or 
 corporall punnishment, at the discretion of the 
 Courte, as the offence shall deserve ; and that all 
 workmen shall work the whole day, allowing 
 convenient time for food and rest. 
 
 It is allso ordered, That when any* servants 
 shall runn from theire masters, or any other in- 
 habitants shall privately goe away with sus-' 
 picion of ill intentions, it shall bee lawfull for 
 the next magistrate, or the constable and two 
 of the cheifest inhabitants, where no magistrate 
 is, to press men and boates or pinnaces, at the 
 publique charge, to pursue such persons by sea 
 or land, and bring them back by force of 
 armes. 
 
 And whereas many stubborne, refractory and 
 discontented servants and apprentices, with- 
 
 . draw themselves from theire masters services, 
 to improve their time to theire owne advan- 
 tage, for the preventing whereof, 
 
 It is ordered, That whatsoever servant or
 
 BLUE LAWS OF CONNECTICUT. 125 
 
 apprentice shall hereafter offend in that kinde, 
 before their covenants or terme of service are 
 expired, shall serve theire said masters, as they 
 shall be apprehended or retained, the treble 
 term, or three fold time of theire absence in 
 such kinde. 
 
 MANSLAUGHTER. 
 
 It is ordered by this court and authority 
 thereof, That if any person in the just and ne- 
 cessary defence of his life, or the life of any 
 other, shall kill any person attempting to rob or 
 murther in the feilds or higheway, or to breake 
 into any dwelling howse, if hee conceive hee 
 cannot with safety of his owne person, other- 
 wise take the ffellon, or assailant, and bring 
 him to tryall, he shall be houlden blameless. 
 
 MAGISTRATES. 
 
 This courte being sensible of the great dissorders 
 growing in this commonwealth, through the 
 contempts cast uppon the civill authority 
 which willing to prevent, 
 
 Doe order and decree, That whosoever shall
 
 126 BLUE LAWS OF CONNECTICUT. 
 
 henceforth, openly or willingly, defame any 
 courte of justice, or the sentences and proceed- 
 ings of the same, or any of the magistrates or 
 judges of any such courte, in respect of any 
 act or sentence therein passed, and being 
 thereof lawfully convicted in any generall 
 courte, or courte of magistrates, shall bee pun- 
 nished for the same, by fyne, imprisonment, dis- 
 f ranch isemeut, or bannishment, as the quality 
 and measure of the offence shall deserve. 
 
 MAEEIAGE. 
 
 fforasmuch as many persons intangle themselves 
 with rashe and inconsiderate contracts for 
 theire future joininge in marriage covenant, 
 to the great trouble and greife of themselves 
 and theire ffriends, for the preventing thereof , 
 
 It is ordered by the authority of this courte, 
 That whosoever intends to joine themselves in 
 marriage covenant, shall cause theire purpose 
 of contract to bee published in some publique 
 place, and at some publique meeting, in the 
 severall townes where such persons dwell, at 
 the least, eight dayes before they enter into
 
 BLUE LAWS OF CONNECTICUT. 127 
 
 such contract, whereby they engage themselves 
 each to other ; and that they shall forbeare to 
 joine in marriage covenant, at least eight days 
 after the said contract. 
 
 And it is allso ordered and declared, That 
 no person whatsoever, male or female, not 
 being at his or her owne dispose, or that re- 
 maineth under the government of parents, 
 masters or guardians, or such like, shall either 
 make or give interteinment to any motion or 
 sute, in way of marriage, without the know- 
 ledge and consent of those they stand in such 
 relation to, under the severe censure of the 
 courte, in case of delinquency not attending 
 this order ; nor shall any third persons inter- 
 meddle in making any motion to any such, 
 without the knowledge and consent of those 
 under whose government they are, under the 
 same penalty. Marriages and Births. See 
 Records.* 
 
 * This prohibition in regard to the marriage of minors 
 was a very judicious one. The Roman Civil Law re* 
 cognized its propriety, and enacted that the want of the 
 consent of the pater-familias was one of the legitimate 
 impedimenta to the nuptial bond. Digesta Justin. XXIII., 
 2, 3. S. M. S.
 
 128 BLUE LAWS OF CONNECTICUT. 
 
 MARSHALL. 
 
 It is ordered by this courte, That the mar- 
 shall shall bee allowed for every execution hee 
 serves, which is under the summe of five 
 pounds, two shillings six pence, and four pence 
 for every myle hee goes to serve the said exe- 
 cution, out of the towne where he liveth ; and 
 for every execution hee serves, of, or above five 
 pounds, and under the summe of ten pounds, 
 hee shall bee allowed three shillings foure 
 pence, and foure pence for every myle, as be- 
 fore; and for every execution hee serves, of, 
 or above the summe of ten pounds, hee shall 
 bee allowed five shillings, and four pence for 
 every myle, as before; Allso, hee is to bee 
 allowed his other just and necessary charges ; 
 onely it is provided, that if hee bee excessive 
 therein, uppon due complaint and proofe made, 
 it shall be redressed. 
 
 And it is allso further ordered, That the 
 marshall shall bee allowed for every attache- 
 ment hee serves, halfe so much as is before 
 allowed him for executions; onely hee is to 
 have four pence for every myle he goes to 
 serve the attachement, as before.
 
 BLUE LAWS OP CONNECTICUT. 129 
 
 It is further ordered by this courte and au- 
 thority thereof, That every officer that shall, at 
 any time bee fyned for the breach of any po3- 
 nall lawe, or other just cause, such person or 
 persons so offending, shall forthwith pay his or 
 theire fyne or penalty, or give in security 
 speedily to do it, or else shall bee imprisoned, 
 or kept to worke till it bee paid, that no loss 
 may bee to the commonwealth ; and what other 
 fynes or debts are already due, or shall bee due 
 to the country, the marshall, for the time 
 being, uppon warrant from the Treasurer, and 
 according to his oath, shall bee faithfull in 
 doing the duty of his place in levyinge and re- 
 turning the same, uppon paine of forfeiting 
 two shillings of his owne estate, for every 
 pound, or else such fyne as any courte of jus- 
 tice shall impose on him for his neglect. 
 
 MEASUEES AND WEIGHTS. 
 
 Fforasmuch as it is observed, that there are diver- 
 sitys of weights, yardes and measures amongst 
 us, whereby dammages many times ensueth by 
 commerce with sever all persons, for the preventing 
 whereof,
 
 130 BLUE LAWS OF CONNECTICUT. 
 
 It is now ordered, That no man within these 
 libberties, shall, after the publishing of this 
 order, sell any commodityes, but by sealed 
 weight or measure, under the penalty of twelve 
 pence each default; the clarke is to have a 
 penny for sealing a weight or measure each 
 time; and no weight or measure is to be 
 accounted authentick that is not sealed or ap- 
 proved by the Clark once every yeare, and the 
 said clark is to break or demolish such weights, 
 yardes or measures as are defective. 
 
 MILLITAEY AFFAIEES. 
 
 It is ordered, and by this courte declared, 
 That all persons that are above the age of six- 
 teeiie yeares, except magistrates and church of- 
 ficers, shall beare arms, unless they have, uppon 
 just occassion, exemption graunted by the 
 courte : and every male person within this ju- 
 rissdiction, above the said age, shall have in 
 continuall readines, a good muskitt or other 
 gunn, fitt for service, and allowed by the clark 
 of the band, with a sword, rest and bandaleers, 
 or other serviceable provision in the roome
 
 BLUE LAWS OF CONNECTICUT. 131 
 
 thereof, where such cannott bee had ; as allso 
 such other millitary provision of powder, match 
 and bullitts as the lawe requires ; and if any 
 person who is to provide armes or ammunition, 
 cannot purchase them by such means as he 
 hath, hee shall bring to the dark so much 
 corne or other merchantable goods, as by ap- 
 prizement of the said dark and two others of 
 the company, (whereof one to bee chosen by 
 the party and the other by the clarke,) as shall 
 be judged of a greater value by a fifth parte, 
 then such armes or ammunition is of, hee shall 
 bee excused of the penalty for the want of 
 armes, (but not for want of appearance) untill 
 hee bee provided ; and the dark shall indeavour 
 to furnish him so soon as may bee, by sale of 
 such goods so deposited, rendering the overplus 
 to the partye; But if any person shall not bee 
 able to provide himselfe armes or ammunition 
 through meere poverty, if hee bee single, hee 
 shall bee put to service by some magistrate, and 
 the constable shall appoint him armes and am- 
 munition, and shall appointe him where, and 
 with whome to earne it out. 
 
 And it is ordered, That all the souldgers
 
 132 BLUE LAWS OF CONNECTICUT. 
 
 within this jurissdiction shall bee trained, at 
 least, six times yearely, in the months of 
 March, Aprill, May, September, October, or 
 November, by the appointment of the captaine 
 or cheife officer in the severall townes : and the 
 times of theire meeting together shall bee at 
 eight of the clock in the morninge : And the 
 clarke of each band, shall twise every yeare, at 
 least, view the armes and ammunition of the 
 band, to see if they bee all accordinge to la we; 
 and shall uppon every traininge day, give his 
 attendance in the feild every day, (except hee 
 hath speciall leave from his captaine or cheife 
 officer,) to call over the rolle of the souldgers, 
 and take notice of any defect by theire absence 
 or otherwise ; And hee shall duely present to 
 the Governor, or some of the magistrates, all 
 defects in armes or ammunition, at least once 
 in each yeare, and oftener, if it bee required. 
 And it is left to the judgement of the magis- 
 trates to punish all defects in that kinde, 
 according to the nature of the offence, wherein 
 due regard is to bee had of willfull neglects in 
 any, that such may not pass without a severe 
 censure : And whosoever shall bee absent any
 
 BLUE LAWS OF CONNECTICUT. 133 
 
 of the days appointed for traininge, after the 
 houre appointed, or shall not continue the whole 
 time, shall forfeitt the summe of two shillings 
 six pence, for every default, except such as are 
 licensed under the hand of two magistrates ; 
 The clark of the severall bands are to distreine 
 the delinquents within fourteene days after the 
 forfeiture, whereof six pence shall bee to him- 
 selfe, and the remainder for the maintenance of 
 drums, cullers, &c. And if any of the said 
 clarks shall omitte to distreine any delinquents 
 above the said terme of fourteene dayes, hee 
 shall forfeitt and pay to the use of the publique, 
 double the fyne so neglected by him. 
 
 It is ordered, That the souldgers shall onely 
 make choyce of theire millitary officers, and 
 present them to the perticular courte ; but such 
 onely shall bee deemed officers, as the courte 
 shall confirme. 
 
 The state and condition of the place where 
 we live, by reason of the indiaus and otherwise, 
 requires all due means to bee used for the pre- 
 servation, the safety and peace of the same; 
 this courte judgeth it necessary that there 
 should bee a magazine of powder and shott pro- 
 12
 
 Io4 BLUE LAWS OF CONNECTICUT. 
 
 vided and meinteined in the country in each 
 towne within this jurisdiction, And do there- 
 fore order and decree, that there shall bee two 
 barrills of powder, and six hundred weight of 
 lead provided by this commonwealth, before 
 the generall courte in September next, which 
 shall be meinteined and continued and ac- 
 counted as the country stock. 
 
 And it is allso further ordered, that the 
 severall townes in this jurissdiciion shall pro- 
 vide and meinteine as followeth, viz. 
 
 Wyndsor, one barrill and halfe of powder, 
 foure hundred and fifty pound of lead, one 
 hundred fathom of match, and nine cotton 
 coates or corseletts, and serviceable pikes to 
 either of them. 
 
 Hartford, two barrills of powder, six hundred 
 weight of lead, and six score fathom of match, 
 and twenty cotton coates or corseletts, with 
 serviceable pikes to either of them. 
 
 Weathersfeild, one barrill of powder, three 
 hundred weight of lead, eighty fathom of match, 
 and eight cotton coates or corseletts, with ser- 
 viceable pikes to either of them. 
 
 Seabrook, halfe a barrill of powder, one
 
 BLUE LAWS OF CONNECTICUT. 135 
 
 hundred and fifty pound of lead, forty fathom 
 of match, and three cotton coates or corseletts, 
 "with serviceable pikes to either of them. 
 
 fiarmington, the same, in each perticular with 
 Seabrook. 
 
 ffairefeild and Strattford, in each towne, one 
 barrill of powder, three hundred weight of lead, 
 one hundred fathom of match, and six coates 
 of corseletts, with serviceable pikes to either of 
 them. 
 
 Southhampton and Pequett, in each towne, 
 halfe barrill of powder, one hundred and fifty 
 pounds of lead, forty fathom of match, with 
 three cotton coates or corseletts, with service- 
 able pikes to either of them. Each towne allso, 
 shall provide so many firelocke muskitts, and 
 good backswords or cutlasses, as the corseletts 
 are they are charged with by this order : All 
 which shall be provided by the severall townes, 
 by the courte in September next, ard mein- 
 teined constantly for the future, uppon the pen- 
 alty of ten shillings per month, for each townes 
 defect or neglect herein. 
 
 Allso, it is further ordered, That every male 
 person within this jurissdiction, that is above
 
 136 BLUE LAWS OF CONNECTICUT. 
 
 the age of sixteene yeares, whether magistrates, 
 ministers, or any other (though exempted from 
 training, watching and warding) shall bee al- 
 ways provided with, and have in readiness, by 
 them, halfe a pound of powder, two pound of 
 serviceable bullitts, or shott, and two fathom 
 of match to every matchlock, uppon the penalty 
 of five shillings a month, for each persons de- 
 fault herein ; provided notwithstanding, that if 
 the proportions of powder laid uppon each 
 towne and person, either doth not at present, 
 or shall not, by reason of the increase of theire 
 numbers, for the future, amount in all to three 
 pound of powder for every souldger, then each 
 towne shall, uppon the former penalty, provide 
 so much more, as shall bee three pound of 
 powder for a souldger, and other provision of 
 lead, &c. increase in each towne, according to 
 the same proportion. 
 
 Whereas many inconveniences doe appeare by 
 reason that the sever all souldger s, of the trained 
 bands in each towne within this jurissdiction, 
 have not been allowed some powder uppon
 
 BLUE LAWS OF CONNECTICUT. 187 
 
 theire training dayes, for theire practice and 
 exercise in theire severall firings : 
 It is ordered by the authority of this courte, 
 That there shall bee allowed to every souldger 
 in the severall trained bands in each towne, as 
 aforesaid, halfe a pound of power a piece, for 
 a yeare, and so from yeare to yeare, for the fu- 
 ture, to bee provided by, and at, the propper 
 costs and charges of the masters and gover- 
 nors of each family unto which the said sould- 
 gers doe belong, to bee called forth, improved 
 and disposed of, at the discretion of the cap- 
 taine, or other principall leaders in each trained 
 bands. 
 
 It is allso ordered, that the captaines, leiften- 
 nants and ensignes, shall bee freed from watch- 
 ing and warding, and the Serjeants from ward- 
 ing and halfe theire watch. 
 
 MINISTERS MEINTENANCE. 
 
 Whereas the most considerable persons in 
 the land came into these partes of America, 
 that they might enjoye Christe, in his ordi- 
 nances, without disturbance; and whereas, 
 amongst many other pretious meanes, the ordi- 
 12*
 
 138 BLUE LAWS^F CONNECTICUT. 
 
 nances have beene, and are dispensed amongst 
 us, with much purity and power, they tooke it 
 into their serious consideration, that a due 
 meintenance according to God, might bee pro- 
 vided and settled, both for the present and fu- 
 ture, for the incouragement of the ministers 
 worke therein ; and doe order, that those who 
 are taught in the word, in the severall planta- 
 tions, bee called together, that every man vol- 
 untarily sett downe what hee is willing to allow 
 to that end and use ; and if any man refuse to 
 pay a meete proportion, that then hee bee ra- 
 ted by authority, in some just and equall way ; 
 and if after this, any man withhold or delay 
 due payment, the civill power to be exercised 
 as in other just debts. 
 
 OATHS. 
 
 I A. W. now chosen to be Governor within 
 this jurissdiction, for this yeare ensuing, and 
 until a new bee chosen, doe sweare by the 
 great and dreadfull name of the everlasting God, 
 to promoate the publique good and peace of 
 the same, according to the best of my skill ; as 
 allso, will meinteine the lawfull priviledges of
 
 BLUE LAWS OF CONNECTICUT. 139 
 
 this commonwealth; as allso, that all whole- 
 > some lawes, that are or shall bee made by law- 
 full authority, here established, bee duly exe- 
 cuted, and will further the execution of justice 
 according to the rule of Gods word ; so helpe 
 mee God, in the name of the Lord Jesus 
 Christe. 
 
 I N. W, being chosen a magistrate within 
 this jurissdiction, for the yeare ensuing, do 
 sweare, by the great and dreadfull name of the 
 everlasting God, topromoate the publiquegood 
 and peace of the same, according to the best of 
 my skill ; and allso, that I will meinteine all 
 the lawfull priviledges thereof, according to my 
 understanding, as allso, to assiste in the execu- 
 tion of all such wholesome lawes as are made, 
 or shall be made by lawfull authority, here es- 
 tablished, and further the execution of justice 
 for the time aforesaid, according to the right- 
 eous rule of Gods worde : So help me God. 
 
 I A. B. doe sweare by the great and dread- 
 full name of the overliving God, that for the 
 yeare ensuing, and untill a new bee chosen, I 
 will faithfully execute the place and office of a 
 constable, for, and within, the plantation of W.
 
 140 BLUE LAWS OF CONNECTICUT. 
 
 and the limitts thereof; and that I will indea- 
 vour to preserve the publique peace of the 
 saide place and commonwealth, and will doe 
 my best indeavour to see all watches and wardes 
 executed, and to obey and execute all lawfull 
 commands or warrants that come from any 
 magistrate, magistrates or courte ; so help 
 mee God, in the Lord Jesus Christe. 
 
 I A. B. being by the providence of God, an 
 inhabitant within the jurissdiction of Connecti- 
 cutt, being to bee made free, doe acknowledge 
 myselfe to bee subject to the governement there- 
 of, and doe sweare by the great and fearfull 
 name of the everliving God, to bee true and 
 faithfull unto the same, and doe submitt both 
 my person and estate thereunto, according to all 
 the wholesome lawes and orders that there are 
 or hereafter shall bee there made and established 
 by lawfull authority ; and that I will neither 
 plott nor practice any evill against the same, nor 
 consent to any that shall so doe, but will timely 
 disscover the same to lawfull authority there es- 
 tablished ; and that I will, as in duty I am 
 bound, meinteine the honor of the same, 
 and of the lawful magistrates thereof, pro-
 
 BLUE LAWS OF CONNECTICUT. 141 
 
 moating the publique good of it, whilst I shall 
 so continue an inhabitant there ; and whenso- 
 ever I shall give my voate or suffrage touching 
 any matter which concerns this commonwealth, 
 being called thereunto, will give it as in my 
 conscience I shall judge may conduce to the 
 best good of the same, without respect of per- 
 sons, or favour of any man : So helpe me God, 
 in our Lord Jesus Christe. 
 
 You swear, that you, A. B. shall duely try 
 the cause or causes now to bee given you in 
 charge, between the plaintiff and defendant, or 
 plaintiffs and defendants, according to your 
 evidence given in courte, and accordingly, a 
 true verdict give; your owne counsells and 
 your fellowes, you shall duely keepe, you shall 
 speake nothing to any one of the buisiness and 
 matters in hand, but among yourselves, nor 
 shall you suffer any to speake unto you about 
 the same, but in courte, and when you are 
 agreed of any verdict, you shall keepe it 
 secreet, till you deliver it up in courte: So 
 helpe you God, in our Lord Jesus Christe. 
 
 You doe sweare by the great and dreadfull 
 name of the everlasting God, that for this 
 10
 
 142 BLUE LAWS OF CONNECTICUT. 
 
 yeare ensuing, and untill new bee chosen, you 
 shall faithfully execute the place and office you 
 are chosen unto, according to the extent of 
 your commission: So helpe you God in the 
 name of the Lord Jesus Christe. (Note The 
 preceding form of oath was prescribed for 
 commissioners.) 
 
 A. B. you being chosen secretary for this 
 jurissdiction, during this yeare, doe sweare by 
 the great name of God, that you shall keepe 
 the secreets of the courte, and shall carefully 
 execute the place of a secretary, and shall truly 
 and faithfully record all orders of the courte, 
 and shall deliver true copies and certificates 
 when they shall bee necessarily required : So 
 helpe you God, in our Lord Jesus Christe. 
 
 You doe sweare by the great and dreadfull 
 name of God, that you will with all due care 
 and faithfullnes, make presentment according 
 to order, at the quarter courte in September 
 next, such misdemeanors and transgressions of 
 the lawes and orders of this commonwealth, as 
 shall come to your cognisance, as allso, to doe 
 your indeavours to finde out such things as are 
 contrary to religion and peace : So helpe you
 
 BLUE LAWS OP CONNECTICUT. 143 
 
 God, in our Lord Jesus Christe. (Note This 
 form of oath was prescribed for Grand-jurors.) 
 
 PEAGE. 
 
 It is ordered by this courte and decreed, 
 That no peage, white or black, bee paid or re- 
 ceived, but what is strunge, and in some meas- 
 ure, strunge sutably, and not small aiid great, 
 uncomely and disorderly mixt, as formerly it 
 hath beene. 
 
 POOEE; 
 
 It is ordered by this courte and authority 
 thereof, That the courte of magistrates shall 
 have power to determine all differences about 
 lawfull settling, and providing for pore persons, 
 and shall have power to dispose of all unsetled 
 persons, into such townes as they shall judge 
 to bee most fitt, for the maintenance and im- 
 ployment of such persons and familyes, for the 
 ease of the countrye. 
 
 POUND, POUND-BKEACH. 
 
 Ffor prevention and due recompence of dam-
 
 144 BLUE LAWS OF CONNECTICUT. 
 
 mage in cornefeilds and other inclosures, done 
 by swyne and cattle : 
 
 It is ordered by this 'Courte and Authority 
 thereof, that there shall bee one sufficient 
 pound, or more, made and meinteined in every 
 towne and village within this jurissdiction, for 
 the impounding of all such swyne and cattle 
 as shall bee found in any cornefeild, or other 
 inclosure ; and whosoever impounds any swyne 
 or cattle, shall give present notice to the own- 
 ers, if hee bee knowne, or otherwise, they shall 
 be cryed at the two next lectures or markitts ; 
 and if swyne or cattle escape out of the pound, 
 the owner, if knowne, shall pay all dammages 
 according to lawe. 
 
 And whereas impounding of cattle, in case of 
 tresspasses, hath beene alwayes found both 
 needfull and profitable, and all the breaches 
 about the same, very offensive and injurious : 
 
 It is therefore ordered by this Courte and 
 authority thereof, That if any person shall re- 
 siste or rescue any cattle going to the pound, 
 or shall, by any way or meanes, convey them 
 out of pound, or custody of the lawe, whereby
 
 BLUE LAWS OF CONNECTICUT. 145 
 
 the party wronged, may lose his dammage, 
 and the la we bee deluded, that in case of meere 
 rrescues, the party offending, shall forfeitt to 
 the treasure, forty shillings ; and in case of 
 pound breach, five pounds, and shall allso, pay 
 all dammages to the party wronged ; and if in 
 the rescue, any bodily harmes bee done to the 
 person of any man, or other, they shall have 
 remedye against the rescuers ; and if either bee 
 done by any not of abilitye to answer the dam- 
 mage and forfeitt aforesaid, they shall bee 
 bodily whipped by warrant from any magis- 
 trate before whome the offender is convicted, in 
 the towne or plantation where the offence was 
 committed, not exceeding twenty stripes for 
 the meere rescues or pound breach, and for all 
 dammages to the party, they shall satisfie by 
 
 > service, as in case of theft; and if it appear, 
 there were any procurement of the owner of 
 the cattle, thereunto, and that they were abet- 
 tors, they shall all pay forfeitures and dam- 
 
 j mages, as if themselves had done it. 
 
 PROFANE SWEARING. 
 
 It is ordered and by this Courte decreed, That 
 18
 
 146 BLUE LAWS OF CONNECTICUT. 
 
 if any person within this jurissdiction shall 
 sweare rashly and vainely, either by the holy 
 name of God, or any other oath, and shall sin- 
 fully and wickedly curse any, hee shall forfeitt 
 to the common treasure, for every such severe 
 offence, ten shillings : And it shall bee in the 
 power of any magistrate, by warrant to the 
 constable, to call such persons before him, and 
 uppon just proofe to pass a sentence, and levye 
 the said penalty, according to the usual order 
 of justice ; and if such persons bee not able, 
 or shall utterly refuse to pay the aforesaid 
 fyne, hee shall bee committed to the stocks, 
 there to continue, not exceeding three hours, 
 and not less than one houre.* 
 
 BATES. 
 
 It is ordered by this Courte and authority 
 thereof, That every inhabitant shall henceforth 
 
 * In this article the Puritans exhibited a degree of len- 
 ity unusual in that age. The English statutes inflicted a 
 severer penalty for this offense ; and by the Statute III. 
 James I. c. 21, any irreverent allusion to the Deity or 
 to the Trinity in a play-house, was punished by the 
 enormous fine of ten pounds. 
 
 1
 
 BLUE LAWS OF. CONNECTICUT. 147 
 
 contribute to all charges, both in church and 
 commonwealth, whereof, hee doth or may re- 
 ceive benefitt ; and every such inhabitant who 
 shall not voluntarily contribute proportionably 
 to his ability with the rest of the same 
 towne, to all common charges, both civill and 
 ecleseasticall, shall be compelled thereunto by 
 assessments and distress, to be levyed by the 
 constable or other officer of the towne, as in 
 other cases ; and that the lands and estates of 
 all men, whereever they dwell, shall be rated 
 for all towne charges, both civill and eclesiasti- 
 call, as aforesaid, where the lands and estates 
 shall lye, and theire persons where they dwell. 
 
 Ffor a more equall and ready way of raising 
 'meanes of defraying of publique charges in time 
 to come, and for preventing such inconveniences 
 as have fallen out uppon former assessments ; 
 
 It is ordered and enacted by the authority 
 of this Courte, that the treasurer for the time 
 being, shall from yeare to yeare, in the first 
 month, without expecting any other order, 
 send forth his warrant to the constables of every 
 towne within this jurissdiction, requiring the 
 
 ____~r r TJETE LIBRARY
 
 148 BLUE LAWS OF CONNECTICUT. 
 
 constable to call together the inhabitants of the 
 towne, whoe being so assembled, shall chuse 
 three or four of theire able inhabitants whereof, 
 one to bee a commissioner for the towne, who 
 shall some time or times in the sixth month 
 then next ensuing, make a list of all the male 
 persons in the same towne, from sixteene yeares 
 old and upwards, and a true estimation of all 
 personall and reall estates being, or reputed to 
 bee, the estate of all and every the persons in 
 the same towne, or otherwise under theire 
 custody or managing, according to just valua- 
 tion, and to what persons the same belong, 
 whether in theire owne towne or otherwhere, 
 as neare as they can, by all lawfull wayes and 
 meanes, which they may use, viz. of howses, 
 lands of all sortes, as well unbroken up as 
 other, except such as doth or shall lye common 
 for free food of cattle to the use of the inhabi- 
 tants in generall, whether belonging to townes 
 or perticular persons, but not to be kept or 
 hearded uppon it to the dammage of the pro- 
 prietors, mills, shipps, and all small vessells, 
 merchantable goods, cranes, wharfes, and all 
 sortes of cattle, and all other knowne estate
 
 BLUE LAWS OF CONNECTICUT. 149 
 
 whatsoever; as allso, all visible estate, either 
 at sea or on shoare ; all which persons and es- 
 tates, are by the said commissioners and select 
 men, to bee assessed and rated, as here follow- 
 eth, viz. every person aforesaid, except magis- 
 trates and elders of the churches, two shillings 
 sixpence by the head, and all estates both reall 
 and persoiiall, at one penny for every twenty 
 shillings, according to the rates of cattle hereaf- 
 ter mentioned ; and for a more certaine rule in 
 rating of cattle, every cowe of foure yeare old 
 and upward, shall be valued at five pounds, 
 every heifer and steare between three and foure 
 yeare old, foure pounds, and between two and 
 three yeare old fifty shillings; and between 
 one and two yeare old, thirty shillings ; every 
 oxe and bull of foure yeare old and upwards, 
 six pounds; every horse and mare of foure 
 yeare old and upwards, twelve pound, of three 
 yeare old eight pounds, betweene two and three 
 yeares old, five pounds, of one yeare old, three 
 pounds ; every sheepe of one yeare old thirty 
 shillings; every goate above one yeare old 
 eight shillings ; every swyne above one yeare 
 old, twenty shillings; and all cattle of all sortes
 
 150 BLUE LAWS OF CONNECTICUT. 
 
 under a yeare old, are hereby exempted ; as 
 allso all hay and corne in the husbandmans 
 hand, because all meadow, earable ground, and 
 cattle are rateable as aforesaid. And for all 
 such persons as by the advantage of theire artes 
 and trades are more able to helpe beare the 
 publique charge, then common labourers, and 
 workmen, as butchers, bakers, bruers, victuail- 
 ers, smiths, carpenters taylors, shoemakers, join- 
 ers, barbers, millers and masons, with all other 
 manuall persons and artists, such are to be ra- 
 ted for theire returnes and gaines proportiona- 
 bly unto other men for the produce of theire 
 estates ; provided, that in the rate by the polls, 
 such persons as are disabled by sickness, lame- 
 ness, or other infirmities, shall be exempted ; 
 and for such servants and children as take 
 not wages, theire parents and masters and mas- 
 ters shall pay for them, but such as take wages 
 shall pay for themselves. 
 
 And it is further ordered, That the commis- 
 sioners for the severall townes uppon this river, 
 shall yearely meet uppon the third Thursday 
 in the sixth month at Hartford ; and the com- 
 missioners for the townes of Ffairfeild and
 
 BLUE LAWS OF CONNECTICUT. 
 
 Strattford, shall meett the same day in one of 
 those townes, and bring with them, fairly writ- 
 ten, the just number of males listed as afore- 
 said, the assessment of estates made in theire 
 severall townes, according to the rules and di- 
 rections in this present order expressed. And 
 the said commissioners being so assembled, 
 shall duely and carefully examine all the said 
 lists and assessments of the severall townes, 
 and shall correct and perfect the same, accord- 
 ing to the true intent of this order, and the 
 same so perfected, they shall transmitt under 
 theire hands, to the generall courte, the second 
 Thursday in September, and then directions 
 shall bee given to the Treasurer for gathering 
 of the said rate, and every one shall pay theire 
 rate to the constable of the towne where it shall 
 bee assessed ; nor shall any land or estate bee 
 rated in any other towne, but where the same 
 shall lye, is or was improved to the owners, 
 reputed owners, or other proprietors use or 
 behoofe, if it bee within this jurissdiction. 
 And for all peculiars, viz. Such places as are 
 not yet laid within the bounds of any towne, 
 the same land, with the persons and estates 
 
 J
 
 152 BLUE LAWS OF CONNECTICUT. 
 
 thereuppon, shall be assessed, by the rates of 
 the towne next unto it, and the measure or es- 
 timation, shall be by the distance of the meet- 
 ing howses ; and if any of the said commission- 
 ers, or of the selectmen, shall willingly faile or 
 neglect to performe the trust committed to them 
 by this order, in not making, correcting, per- 
 fecting or transmitting any of the said lists or 
 assessments, according to the intent of this or- 
 der, every such offender shall bee fyned forty 
 shillings for every such offence, or so much as 
 the country shall bee damnified thereby, so as 
 it exceeds not forty shillings for one offence ; 
 provided, that such offence or offences bee com- 
 plained of and prosecuted in due course of law, 
 within six months. 
 
 And it is further ordered, That uppon all 
 distresses to bee taken for any of the rates and 
 assessments aforesaid, the officer shall distreine 
 goods or cattle, if they may bee had ; and if 
 no goods, then lands or howses, and if neither 
 goods nor lands can bee had within the towne 
 where such distresses are to bee taken, then 
 uppon such returnes to the treasurer, he shall 
 give warrants to attache the body of such per-
 
 BLUE LAWS OF CONNECTICUT. 153 
 
 sons to bee carried to prison, there to bee kept till 
 the next courte, except they put in security for 
 theire appearance there, or that payment bee 
 made in the meane time. 
 
 And it is further ordered that the prises of 
 all sortes of come to bee received uppon any 
 rate by virtue of this order, shall bee such as 
 the courte shall sett from yeare to yeare, and 
 in default thereof they shall be accepted at the 
 price current, to bee judged by the said com- 
 missioners. 
 
 And it is further ordered, That all estates of 
 land in England, shall not be rated in publique 
 
 It is allso provided and ordered, That all 
 towne rates shall bee made after the same man- 
 ner, and by the same rule, as the country rate. 
 
 Whereas much wrong hath beene done to the 
 country, by the negligence of constables in not 
 gathering such levyes as they have received 
 warrants from the Treasurer, during theire 
 
 office : 
 
 It is therefore ordered, That if any constable 
 shall not have gathered the levyes committed
 
 154 BLUE LAWS OF CONNECTICUT. 
 
 to his charge by the Treasurer then being, 
 during the time of his office, that he shall not- 
 withstanding expiration of his office, have 
 power to levye by distress, all such rates and 
 levyes ; and if he bring them not in to the old 
 treasurer, according to his warrants, the Treas- 
 urer shall distreine such constables goods for 
 the same; and if the Treasurer shall not so 
 distreine the constable, hee shall bee answera- 
 ble to the country for the same; and if the 
 constable bee not able to make payment, it 
 shall bee lawfull for the Treasurer, old or new 
 respectively, to distreine any man or men of 
 that towne where the constables are unable for 
 all arrearages of levyes, and that man or men, 
 uppon petition to the Generall courte, shall 
 have order to collect the same againe, equally 
 of the towne, with his just dammages for the 
 same. 
 
 It is further ordered by this Courte, That all 
 collectors and gatherers of rates, shall appoint 
 a day and place, and give reasonable warning 
 to the inhabitants to bring in theire propor- 
 tions, uppon which, every man so warned, 
 shall duely attend to bring in his rate, or
 
 BLUE LAWS OF CONNECTICUT. 155 
 
 uppon neglect thereof, shall forfeitt two pence 
 in the shilling for what hee falls shorte, and 
 the said collector shall have authority hereby 
 to distreine the delinquents, or bee accountable 
 themselves for the rates and penalties so neg- 
 lected by them. 
 
 KECOKDS. 
 
 It is ordered by this courte, and authority 
 thereof, That the towne clark or register in the 
 severall townes of this jurissdiction shall re- 
 cord, all births and deaths of persons in theire 
 towne, and that all parents, masters of servants, 
 executors and administrators respectively, shall 
 bring into the register of theire severall townes, 
 the names of such persons belonging to them 
 or any of them, as shall either bee borne or dye ; 
 and allso, that every new married man shall 
 likewise bring in a certificate of his marriage, 
 under the hand of the magistrate which mar- 
 ried him, to the said register, and for each 
 neglect, the person to whome it doth belong, 
 shall forfeitt as followeth, viz. If any person 
 shall neglect to bring in a noate or certificate 
 as aforesaid, together with three pence a name,
 
 156 BLUE LAWS OF CONNECTICUT. 
 
 to the said register, for all births and deaths, 
 and six pence for each marriage to bee recorded, 
 more then one month after such birth, death or 
 marriage, shall forfeitt for every default, five 
 shillings, and the penalty further increased, 
 uppon longer neglect, according to the judge- 
 ment of the courte ; and the register of each 
 towne shall yearely, convey to the Secretary 
 of courte, a true transcript of the births, deaths 
 and marriages given under theire hands, with 
 a third parte of the aforementioned fees, under 
 the penalty of forty shillings for every such 
 neglect, all which forfeitures shall bee returned 
 into the Treasury; allso, the grand-jurors may 
 present all neglects of this order. 
 
 It is orderded by the authority aforesaid, 
 That the severall townes within this jurissdic- 
 tion, shall each of them provide a ledger 
 booke, with an index or alphabett unto the 
 same, allso shall chuse one whoe shall bee a 
 towne clerke or register, whoe shall before the 
 Generall courte in September next, record every 
 man's howse and lands already graunted and 
 measured out to him, with the bounds and 
 quantity of the same; and whosoever shall
 
 BLUE LAWS OF CONNECTICUT. 157 I 
 
 neglect three months after notice given, to 
 bring into the said towne clerke or register, a 
 noate of his howse and land, with the bounds and 
 quantity of the same, by the nearest estimation, 
 \ shall forfeitt ten shillings ; and so ten shillings 
 a month, for every month hee shall so neglect ; 
 the like to bee done for all lands hereafter 
 graunted and measured to any; and if any 
 such granter, being required by the grantee, 
 his heirs or assigns, to make an acknowledg- 
 ment of any graunt, sale, bargaine or morgage 
 by him made, shall refuse so to do, it shall bee 
 in the power of any magistrate, to send for the 
 partye so refusing, and commit him to prison 
 without bayle or maineprise, untill he shall ac- 
 knowledge the same : And the grantee is to 
 enter his caution with the recorder, and this 
 shall save his interest in the meane time ; and 
 all bargaines or morgages of lands whatsoever, 
 shall bee accounted of no value untill they bee 
 recorded : for which entry the register shall re- 
 ceive six pence for every parcell, delivering 
 every owner a copy of the same under his 
 hand ; whereof, foure pence shall bee for him- 
 selfe, and two pence for the secretary of the 
 14
 
 158 BLUE LAWS OF CONNECTICUT. 
 
 courte. And the said register shall, every 
 Generall courte, in May and September, deliver 
 unto the same, a transcript, fairely written, of 
 all such graunts, bargaines or ingagements, re- 
 corded by him in the towne booke ; and the 
 secretary of the courte, shall record it in a 
 booke fairely written, provided for that purpose, 
 and shall preserve the coppy brought in under 
 the hand of the towne clarke ; Allso, the said 
 towne clarke shall have for every search of a 
 parcell, one penny, and for every copy of a 
 parcell, two pence, and a copy of the same 
 under the hand of the said register, or towne 
 elarke, and two of the men chosen to governe 
 the towne, shall bee a sufficient evidence to all 
 that have the same. 
 
 Ffor the better keeping in minde those pas- 
 sages of God's providence, which have beene 
 remarkable, since our first undertaking of these 
 plantations; Mr. Deputy, Capt. Mason, Mr. 
 Stone with Mr. Goodwyn, are desired to take 
 the paines severally, in theire severall townes, 
 and then jointly together, to gather up the 
 same, and deliver them into the Generall 
 courte in September next, and if it bee judged
 
 BLUE LAWS OF CONNECTICUT. 159 
 
 then fitt, they may bee recorded : and for future 
 times, whatsoever remarkable passages shall 
 bee, and if they bee publique, the said parties 
 are desired to deliver in the same to the Gene- 
 rail courte ; but if any perticular person doe 
 bring in any thinge, hee shall bring it under 
 the hands of two of the aforementioned parties, 
 that it is true, then present it to the Generall 
 courte, that if it bee there judged requisitt, it 
 may bee recorded ; provided that any Generall 
 courte, for the future, may alter any of the 
 parties before mentioned, or add to them, as 
 they shall judge meett. 
 
 It is allso ordered by this courte, and decreed, 
 That after the death and decease of any person 
 possessed of any estate, bee it more or less, and 
 whoe maketh a will in writing, or by word of 
 mouth, those men which are appointed to order 
 the affaires of the towne, where any such 
 person deceaseth, shall within one month after 
 the same, at furthest, cause a true inventory to 
 bee taken of the said estate, in writing, as allso, 
 take a copy of the said will or testament, and 
 enter it into a booke, or keepe the coppy in 
 safe custody ; as allso. enter the names uppon
 
 160 BLUE LAWS OF CONNECTICUT. 
 
 record, of the children, and legatees of the 
 testator or deceased person : And the said 
 orderers of the affaires of the towne, are to see 
 every such will and inventory, to bee exhibited 
 in the publique courte, within one quarter of a 
 yeare, where the same is to be registered : And 
 the said orderers of the affaires of the towne, 
 shall doe theire iudeavors in seeing that the 
 estate of the testator bee not wasted nor spoiled, 
 but improved for the best advantage of the 
 children or legatees of the testator, according 
 to the minde of the testator, for theire, and 
 every of theire use, and theire and every of 
 theire allowance and approbation ; But where 
 any person dyeth intestate, the said orderers of 
 the affaires of the towne, shall cause an inven- 
 tory to bee taken, and then the publique courte 
 may graunt the administration of the goods 
 and chatties to the next of kinn, jointly and 
 severally, and devide the estate to wife, (if any 
 bee) children or kindred, as in equity they 
 shall see meett. And if no kindred bee found, 
 the courte to administer for the publique good 
 of the common ; provided there bee an inven- 
 tory registered, that if any of the kindred, in
 
 BLUE LAWS OF CONNECTICUT. 161 
 
 future time appeare, they may have justice and 
 equity done unto them. And all charges that 
 the publique courte, or the orderers of the af- 
 faires of the towne are at, about the trust com- 
 mitted to them, either for writing or otherwise, 
 to bee paid out of the estate. 
 
 Whereas allso it was recomended by the 
 commissioners, that for the more free and 
 speedy passage of justice in each jurissdiction, 
 to all the confederates, if the last will and testa- 
 ment of any person, bee duely prooved in, and 
 duely certified from any one of the colonyes, it 
 bee without delay, accepted and allowed in the 
 rest of the colonyes, unless some just exception 
 bee made against such will, or the prooving of it; 
 which exception to bee duely forthwith duely 
 certified back to the colony where the said will 
 was prooved, that some just course may bee 
 taken to gather in and dispose the estate with- 
 out delay or dammage ; And allso, that if any 
 knowne planters or settled inhabitants, dye in- 
 testate, administration bee graunted by that 
 colony unto which the deceased belong, though 
 dying in another colony : And the administra- 
 tion being duely certified to, bee of force for 
 
 abia- 

 
 162 BLUE LAWS OF CONNECTICUT. 
 
 the gathering in of the estate, in the rest of the 
 colonyes, as in the case of wills prooved, where 
 no just exception is returned : But if any person 
 possessed of an estate, whoe is neither planter, 
 nor settled inhabitant in any of the colonyes, 
 dye intestate, the administration (if just cause 
 bee found to give administration) bee graunted 
 by that colony where the person shall dye and 
 departe this life, and that care bee taken by 
 that governement, to gather in and secure the 
 estate, untill it bee demaunded, and may bee 
 delivered according to rules of justice ; which 
 uppon due consideration, was confirmed by this 
 courte, in the behalfe of this colonye, and 
 ordered to bee attended in all such occassions, 
 for the future ; provided, the Generall courtes 
 of the other colonyes, yeild the like assent 
 thereunto. 
 
 SCHOOLES. 
 
 It being one cheife project of that old deluder, 
 Sathan, to Jceepe men from the knowledge of the 
 scriptures, as in former times, "keeping them in 
 an unknowne tongue, so in these latter times, by 
 perswading them from the use of tongues, so
 
 BLUE LAWS OP CONNECTICUT. 163 
 
 that at least, the true sence and meaning of the 
 originall might bee clouded with false glosses of 
 saint seeming deceivers ; and that learning may 
 not bee buried in the grave of our forefattiers, in 
 church and commonwealth, the Lord assisting 
 our indeavors ; 
 
 It is therefore ordered by this courte and au- 
 thority thereof, That every towneshipp within 
 this jurissdiction, after the Lord hath increased 
 them to the number of fifty howshoulders, 
 shall then forthwith appointe one within theire 
 towne, to teach all such children, as shall re* 
 sorte to him, to write and read, whose wages 
 shall bee paid, either by the parents or masters 
 of such children, or by the inhabitants in 
 generall, by way of supplye, as the major parte 
 of those who order the prudentialls of the 
 towne, shall appointe ; provided, that those who 
 send theire children, bee not oppressed by pay- 
 ing much more then they can have them taught 
 for, in other townes. 
 
 And it is further ordered, That where any 
 towne shall increase to the number of one hun- 
 dred families or howshoulders, they shall sett
 
 164 BLUE LAWS OF CONNECTICUT. 
 
 up a grammar schoole, the masters thereof, 
 being able to instruct youths, so farr as they 
 may bee fitted for the university, and if any 
 towne neglect the performance hereof, above 
 one yeare, then every such towne shall pay five 
 pounds per annum, to the next such schoole, 
 till they shall performe this order. 
 
 The propositions concerning the meintenance 
 of schollars at Cambridge, made by the com- 
 missioners, is confirmed. 
 
 And it is ordered, That two men shall bee* 
 appointed in every towne within this jurissdic- 
 tion, whoe shall demand what every familye 
 will give, and the same to be gathered and 
 brought into some roome, in March ; and this 
 to continue yearely, as it shall bee considered 
 by the comissioners. 
 
 SECRETARY. 
 
 It is ordered and decreed, That within twenty 
 dayes after the session of every Generall courte, 
 the secretary thereof, shall send forth copies of 
 such lawes and orders as are or shall bee made, 
 at either of them, which are of generall con- 
 cernement for the governement of this com-
 
 BLUE LAWS OF CONNECTICUT. 165 
 
 monwealth to the constables of each towne 
 within this jurissdiction, for them to publish 
 within Fourteene dayes more, at some publique 
 meeting in theire severall townes, and cause to 
 bee written into a booke and kept for the use 
 of the towne, and once every yeare, the con- 
 stables in each towne, shall read or cause to bee 
 read, in some publique meeting, all the capitall 
 lawes, and give notice to all the inhabitants, 
 where they may, at any time, see the rest of the 
 lawes and orders, and acquaint themselves 
 therewith : And the secretary of the courte, shall 
 have twelve pence, for the copy of the orders of 
 each session as aforesaid, from each of the townes. 
 And it is further ordered, That the secretary 
 of the courte, shall record such wills and in- 
 ventories as are exhibited into the said courte, 
 and shall fyle the originall of them, and give 
 a coppy thereof, to such as desire it, for which 
 hee shall have for every record of any will or 
 inventory, or both, which is above the summ 
 of forty pounds, three shillings foure pence, and 
 for every coppy of them, or either of them, one 
 shilling eight pence ; and for every search or 
 supervising of them, six pence ; allso, for re-
 
 166 BLUE LAWS OP CONNECTICUT. 
 
 cording of every will or inventory, or both, 
 which is above the summ of thirty pounds, and 
 under the summ of forty pounds, two shillings 
 six pence; and for every coppy of them, or 
 either of them, fifteene pence, and for every 
 search or supervising of them, foure pence; 
 allso for every attachement, twelve pence, and 
 for every bond or recogniscance in or about the 
 same, six pence; allso, for every execution 
 above five pounds, the secretary shall have 
 twelve pence, and for every execution under 
 five pounds, six pence ; allso, for the entry of 
 every or any recogniscance in courte, six pence, 
 and for the withdrawing of it, twelve pence, 
 which shall bee paid before the bounden bee 
 freed from his said recogniscance. 
 
 It is allso ordered, That whosoever shall 
 take out any warrant from the secretary of the 
 courte, that concerns an action, shall before 
 he hath a warrant, enter his action with the 
 secretary, and then take out his warrant for 
 summons to answer the same, for which they 
 shall pay for every entry, twelve pence, 
 and for every warrant, foure pence, though 
 they agree with theire defendants before the
 
 BLUE LAWS OP CONNECTICUT. 167 
 
 courte : Allso, if any other magistrate shall graunt 
 a warrant, which concerns an action, they shall 
 enter the action in a small booke for that purpose, 
 before they graunt the warrant, and shall make a 
 due returne, at every courte, to the secretary 
 thereof, what such warrants, and to whome they 
 have graunted, and all such persons shall be as 
 lyable to pay twelve pence for every such action, 
 to the secretary of the courte, as if they should 
 have had theire warrants of him. 
 
 STKAYES. 
 
 It is ordered by this Courte and authority 
 thereof, That whosoever shall take up any 
 straye beast, or find any goods lost, whereof 
 the owner is not knowne, he shall give notice 
 thereof to the constable of the same towne, with- 
 in six days, who shall enter the same in a booke, 
 and take order that it bee cryed at theire next 
 lecture day, or general meeting uppon three seve- 
 rall dayes, and if it bee above twenty shillings 
 value, at the next markitt, or two next townes 
 publique meetinge, where no markitt is within 
 ten miles, uppon paine, that the partye so finding, 
 and the said constable having such notice, and
 
 168 BLUE LAWS OF CONNECTICUT. 
 
 failing to doe as is heereby appointed, to for- 
 feitt either of them, for such default, one thirds 
 parte of the value of such straye, or lost goods. 
 And if the finder shall not give notice as 
 aforesaid, within one month, or if hee keepe it 
 more then three months, and shall not aprize it 
 by sufficient men, and allso record it with the 
 register of the towne where it is found, he shall 
 then forfeitt the full value thereof, and if the 
 owner appears within one yeare after such 
 publication, hee shall have restitution of the 
 same, or the value thereof, hee paying all ne- 
 cessary charges, and the constable for his care 
 and paines, as one of the next magistrates, or 
 one of the townsmen shall adjudge ; and if no 
 owner appeare within the time prefixed, the 
 said straye or lost goods shall be thus devided, 
 one fourth parte thereof with his reasonable 
 charge, shall bee to the finder ; one fifth parte 
 thereof, or ten shillings, to the constable, at the 
 choyce of the courte, and the rest to the com- 
 monwealth ; provided there bee three streakes 
 dipt in the haire of the neare buttock, six 
 inches long, that they may bee knowne.
 
 BLUE LAWS OF CONNECTICUT. 169 
 
 SWYNE. 
 
 It is ordered by this courte, That all the 
 swyne, either hoggs or shoates, in the severall 
 plantations, that are kept at home within the 
 towne, shall by September next, be ringed or 
 yoaked, or kept up in theire yards, under the 
 penalty of foure pence for every such swyne, 
 to bee paid by the owner, to the party that shall 
 take the swyne so defective, and impound them ; 
 allso, all such as are kept by heards in the woods 
 shall not bee suffered to abide above one nighte, 
 in the towne ; but that it shall bee lawfull to 
 impound them, in case they come at any time 
 home, from the middle of March to the middle 
 of November. (Ffairefeild and Strattford de- 
 sire to bee included in this order.) 
 
 Ffor the better preserving corne and meadow on 
 the east side of the Great River ; 
 
 It is ordered by this courte, That there shall 
 no hoggs nor swyne of any sorte bee put over 
 thither, or kept there, at any time after the 
 publishing of this order, except they bee kept 
 out of the bounds of the severall townes, or in 
 15
 
 L 
 
 170 BLUE LAWS OF CONNECTICUT. 
 
 theire yardes, under the penalty of two shil- 
 lings a head for every hogg or swyne, for every 
 time they shall bee found there, contrary to 
 this order. 
 
 TIMBER. 
 
 It is ordered by this courte, That no timber 
 shall be felled within three myles of the mouth 
 of Mattabeseck river, nor at unseasonable times, 
 viz. from the beginning of April to the end of 
 September; and that it be improved into pipe- 
 staves, or some other merchantable commodity, 
 within one month after the felling thereof, or 
 carted together; and that the timber so im- 
 proved, shall not bee transported from the river, 
 but for discharge of debts, or fetching in some 
 necessary provision. 
 
 TOBACKO. 
 
 fforasmuch as it is observed, that many abuses 
 are crept in and committed, by frequent taking 
 of tobacko. 
 
 It is ordered by the authority of this Courte, 
 That no person under the age of twenty one 
 years, nor any other, that hath not already ac-
 
 BLUE LAWS OP CONNECTICUT. 171 
 
 customed himself to the use thereof, shall take 
 any tobacko, until hee hath brought a certifi- 
 cate under the hands of some who are approved 
 for knowledge and skill in phisick, that it is 
 usefull for him, and allso, that hee hath received 
 a lycense from the courte, for the same. And 
 for the regulating of those, who either by theire 
 former taking it, have, to theire own apprehen- 
 sions, made it necessary to them, or uppon due 
 advice, are persuaded to the use thereo 
 
 It is ordered, That no man within this colo- 
 nye, after the publication hereof, shall take any 
 tobacko, publiquely in the streett, highwayes or 
 any barne yardes, or uppon training dayes, in 
 any open places, under the penalty of six-pence 
 for each offence against this order, in any the 
 perticulars thereof, to bee paid without gaine- 
 saying, uppon conviction, by the testimony of 
 one witness, that is without just exception, be- 
 fore any one magistrate. And the constables in 
 the severall townes, are required to make pre- 
 sentment to each perticular courte, of such as 
 they doe understand, and can evict to be trans- 
 gressors of this order.
 
 "1 
 
 172 BLUE LAWS OF CONNECTICUT. 
 
 TRESPASSES. 
 
 It is ordered by this Courte and authority 
 thereof, That if any horse or other beast, tres- 
 pass in corne, or other inclosure, being fenced 
 in such sorte as secures against cowes, oxen, 
 small calves and such like orderly cattle, the 
 party or parties trespassed, shall procure two 
 able men of good reporte and creditt, to view 
 and adjudge the harmes, which the owner of the 
 beast shall satisfie (when knowne) uppon rea- 
 sonable demaund, whether the beast were im- 
 pounded or not ; but if the owner bee knowne 
 and neare residing, as in the same towne, or 
 the like, notice shall bee left at the usuall place 
 of his aboade, of the trespass, before an estima- 
 tion bee made thereof, to the end hee, or any 
 others appointed by him, may bee present when 
 judgement is made ; the like notice allso, shall 
 bee left for him, of the dammage charged up- 
 pon him, that if hee approve not thereof, hee 
 may repaire to the select townsmen, or some of 
 them, who shall, in such case, nominate and ap- 
 point two able and indifferent men, to review 
 and adjudge the said harmes, which being
 
 BLUE LAWS OF CONNECTICUT. 173 
 
 forthwith, discharged, together with the charge 
 of the notice, former and latter view, and de- 
 termination of dammages, the first judgement 
 to bee void, or else to stand in lawe. 
 
 \ 
 
 TKEASUBER. 
 
 It is ordered, That the Treasurer shall de- 
 liver no money out of his hands, to any person, 
 without the hands of two magistrates, if the 
 summ bee above twenty shillings ; if it bee un- 
 der, then the Treasurer is to accept of the hand 
 of one ; but if it bee for the payment of some 
 bills to bee allowed, which are referred to some 
 comittees to consider of, whether allowed or 
 not, that such bills as they allowe and sett 
 theire hands unto, the Treasurer shall accept 
 and give satisfaction, 
 
 YOATES. 
 
 It is ordered by this Courte, and decreed, 
 That if any person within these liberties, have 
 beene or shall bee fyned or whipped for any scan- 
 dalous offence, hee shall not bee admitted, after 
 such time, to have any voate in towne or com- 
 15*
 
 J 
 
 174 BLUE LAWS OF CONNECTICUT. 
 
 I 
 
 monwealth, nor to serve on the jury, untill the 
 courte shall manifest theire satisfaction. 
 
 VERDICTS. 
 
 That love and peace, with truth and righteous- 
 nes may continue and flourish, in these confed- 
 erated colonyes. 
 
 It was uppon the recommendation of the 
 commissioners, ordered, that any verdict or 
 sentence of any courte within the colonyes, 
 presented under authentique testimony, shall 
 have a due respect in the severall courtes of 
 this jurissdiction, where there may be occasion 
 to make use thereof; and shall bee accounted 
 good evidence for the party e, untill better evi- 
 dence, or other just cause appeare, to alter, or 
 make the same voide ; and that in such case, the 
 issue of the cause in question, bee respited 
 for some convenient time, that the courte may be 
 advised with, where the verdict or sentence first 
 passed; provided notwithstanding, that this 
 order shall bee accounted valid, and improved 
 onely for the advantage of such as live within 
 some of the confederated colonyes, and where 
 the verdicts in the courts of this colony, may
 
 BLUE LAWS OF CONNECTICUT. 175 
 
 receive reciprocall respect by a like order es- 
 tablished by the Generall courte of that colonye. 
 
 WYNE AND STRONG WATER. 
 
 Whereas many complaints are brought into the 
 courte, by reason of diverse abuses that fatt 
 out by severall persons that sell wyne and 
 strong water, as well in vessels on the river, 
 as allso in severall howses, for the preventing 
 hereof, 
 
 It is now ordered by the authority of this 
 Courte, That no person or persons, after the 
 publishing of this order, shall neither sell wyne 
 nor strong water, by retaile, in any place within 
 these libberties, without license from the per- 
 ticular court or any two magistrates, or where 
 there is but one magistrate, by a magistrate and 
 one of those appointed to order the afiaires of 
 the towne. 
 
 WATCHES. 
 
 It is ordered by this Courte, and decreed, 
 That there shall bee a sufficient watch mein- 
 teined in every towne, and that the constable
 
 176 BLUE LAWS OF CONNECTICUT. 
 
 of each towne shall duely warne the same, and 
 see that the inhabitants or residents, doe seve- 
 rally in theire turnes, observe the same, accord- 
 ing as the inhabitants doe agree: And this 
 courte doth explaine themselves, and order, 
 that whosoever within this jurissdiction, that is 
 lyable to watch, shall take a journeye out of the 
 towne wherein hee liveth, after he hath had 
 timely notice and warninge to watch, hee shall 
 provide a watchman for that turne, though him- 
 selfe bee absent ; and if any man that takes a 
 journye, or goes out of the towne wherein hee 
 liveth, if hee returne home within a weeke 
 after the watch is past his howse, hee shall be 
 called back to watch that turne, past a week 
 before. 
 
 And for the better keeping watches and wardes, 
 by the constables ) in time of peace, 
 
 It is ordered by this Courte, and authority 
 thereof, That every constable shall present to 
 one of the next magistrates, the name of every 
 person who shall uppon lawfull warning, re- 
 fuse or neglect to watch or ward, either in per- 
 son, or some other, fitt for that service ; and if
 
 BLUE LAWS OF CONNECTICUT. 177 ', 
 
 being con vented, hee cannott give a just excuse, 
 such magistrate shall graunt warrant to levye 
 five shillings on every such offender, for every 
 such default, the same to bee imployed for the 
 use of the watch of the same towne ; and it is 
 the intent of the lawe, that every person of 
 able body (not exempted by lawe) or of estate 
 to hire another, shall bee lyable to watch and 
 warde, or to supplye it by some other, when 
 they shall bee thereunto required ; and if there 
 bee, in the same howse, diverse such persons, 
 whether sonnes, servants or sojourners, they 
 shall all be compellable to watch, as aforesaid ; 
 provided, that all such as keepe families at 
 theire farmes, being remoate from any towne, 
 shall not be compellable to send theire servants 
 or sonnes from their farmes, to watch and 
 warde in the townes. 
 
 WOLYES. 
 
 Whereas great loss and dammage doth befall this 
 Commonwealth, by reason of wolves, which 
 destroy great numbers of our cattle, notwith- 
 standing provision formerly made by this 
 cowrie for supressing of them ; therefore,
 
 178 BLUE LAWS OF CONNECTICUT. 
 
 for the better incouragement of any to sett 
 about a worke of so great concernement, 
 
 It is ordered by this Courte, and authority 
 thereof, That any person, either English or 
 indian, that shall kill any wolf or wolves, 
 within ten myles of any plantation within this 
 jurissdiction, shall have for every wolfe by 
 him or them so killed, ten shillings paid out 
 of the Treasurye of the country; provided, 
 that due proofe be made thereof, unto the 
 plantation next adjoining where such wolfe or 
 wolves were killed ; and allso, bring a certifi- 
 cate under some magistrates hand, or the con- 
 stable of that place, unto the Treasurer. 
 
 WRECKS OF THE SEA. 
 
 It is ordered and decreed, and by this court 
 declared, That if any shipps or other vessel] s, 
 bee it ffreind or enemye, shall suffer shipwreck 
 upon our coasts, there shall be no violence or 
 wrong offered to theire persons or goods, but 
 theire persons shall bee harboured and releived, 
 and theire goods preserved in safety, till au- 
 thority may bee certified, and shall take further 
 order therein.
 
 BLUE LAWS OP CONNECTICUT. 179 
 
 YESSELLS. 
 
 It is ordered by this Courte, and authority 
 thereof, That no vessell nor boat, shall have 
 libberty to goe from any porte in any towne 
 within this jurissdiction, before they have 
 entred with the register or recorder, in each 
 towne, what quantity of powder and shott they 
 carry forth with them in theire said vessells, 
 and shall take a certificate under the said regis- 
 ters or recorders hand, of the same, paying to 
 him for every certificate, four pence; and if 
 any vessell shall attempt to goe from the said 
 towne or porte, or townes and portes, before 
 hee hath entred as aforesaid, or shall be found 
 with any more or greater quantity of powder 
 and shott, aboard the vessell or vessells, then 
 they had a certificate to shew they had entred, 
 shall pay forfeit and pay for each default, the 
 true value of all such powder and shott as they 
 should have entred as aforesaid : And all such 
 persons, or masters of such vessels, shall give 
 a true account uppon theire return, to the said 
 recorder, where they have entered the premises, 
 how they have disposed thereof, uppon the
 
 180 BLUE LAWS OF CONNECTICUT. 
 
 former penalty : And if the said towne register, 
 or recorder, shall have just cause to conceive 
 that hee or they carry forth more of the pre- 
 mises, then in an ordinary way, is requisite for 
 their necessary defence and safety in theire 
 intended voyage, then the said persons or mas- 
 ters of vessells, shall give in security unto the 
 said recorder, if by him required thereunto, 
 that hee shall give a due account to this com- 
 monwealth, of the same, uppon his returne. 
 
 I
 
 HI. 
 
 OE, EXTRACTS FROM THE ANCIENT JUDICIAL 
 RECORDS OF NEW-HAVEN. 
 
 At a Court held at New-Haven, A. D. 1643. 
 
 ANDREW Low, jun. for breaking into Mr. 
 Ling's house, where he brake open a cupboard 
 and took from thence some Strong Water,* and 
 6d. in money, and ransackt the house from 
 roome to roome, and left open the doors, for 
 which fact being committed to prison brake 
 forth and escaped, and still remains horrible 
 obstinate and rebellious against his parents, 
 and incorrigible under all the means that have 
 been used to reclaim him. Whereupon it was 
 ordered that he shall be as severely whipt as 
 the rule will bare, and work with his father as 
 
 * Rum. 
 16 (181)
 
 182 BLUE LAWS OF CONNECTICUT. 
 
 a prisoner with a lock uppon his leg so that he 
 may not escape. 
 
 December Bd, 1651. 
 
 It was propounded that some safer way 
 might be found out to Connecticote, that the 
 danger of the Bast Eiver might be avoyded. 
 The new waye was desired to be viewed again, 
 as William Bradley offered to lend his cannow 
 to lie in the East Eiver, if the town will find 
 ropes to draw it to and agayne. 
 
 At a Court, held May 1, 1660 
 
 Jacob M. Murline and Sarah Tuttle being 
 called appeared, concerning whom the Governor 
 declared, that the business for which they were 
 warned to this court he had heard in private 
 at his house, which he related to stand thus. 
 
 On the day that John Potter was married 
 Sarah Tuttle went to Mistress Murline's house 
 for some thredd, Mistress Murline bid her go 
 to her daughters in the other roome, where 
 they felle into speeche of John Potter and his 
 wife, that they were both lame, uppon which 
 Sarah Tuttle said, that she wondered what they
 
 BLUE LAWS OF CONNECTICUT. 183 
 
 would do at night. Whereupon Jacob came 
 in, and tooke up or tooke away her gloves. 
 Sarah desired him to give her the gloves, to 
 which he answered he would do so if she would 
 give him a kysse, uppon which they sat down 
 together, his arme being about her waiste, and 
 her arme upon his shoulder or about his necke, 
 and he kyssed her and she kyssed him, or they 
 kyssed oneanother, continuing in this posture 
 about halfe an hour, as Marian and Susan 
 testified, which Marian, now in court, affirmed 
 to be so. 
 
 Mistress Murline, now in court, said that she 
 heard Sarah say she wondered what they would 
 do at night, and shee replyed they must sleep ; 
 but it was matter of sorrow and shame unto 
 her. 
 
 Jacob was asked what he had to say to these 
 things, to which he answered that he was in 
 the other roome, and when he heard Sarah 
 speak those words, he went in, when shee having 
 let fall her gloves he tooke them up and she 
 asked him for them, he told her he would if 
 she would kysse him. Further said hee tooke 
 her by the hand, and they both sat down upon
 
 184: BLUE LAWS OF CONNECTICUT. 
 
 a chest, but whether his arme were about her 
 waiste, and her arm upon his shoulder or 
 about his neck, he knows not, for he never 
 thought of it since, till Mr. Raymond told him 
 of it at Mannatos for which he was blamed and 
 told he had not layde it to heart as he ought. 
 But Sarah Tuttle replyed that she did not kysse 
 him. Mr. Tuttle replyed that Marian hath 
 denied it, and he doth not looke upon her as a 
 competent witness. Thomas Tuttle said that 
 he asked Marian if his sister kyssed Jacob, and 
 she said not. Moses Mansfield testified that he 
 told Jacob Murline that he heard Sarah kyssed 
 him, but he denied it. But Jacob graunted 
 not what Moses testified. 
 
 Mr. Tuttle pleaded that Jacob had endeav- 
 oured to steal away his daughter's affections. 
 But Sarah being asked if Jacob had inveagled 
 her, she said no. Thomas Tuttle said that he 
 came to their house two or three times before 
 he went to Holland, and they two were together, 
 and to what end he came he knows not, unless 
 it were to inveagle her. And their mother 
 warned Sarah not to keep company with him. 
 And to the same purpose spake Jonathan
 
 BLUE LAWS OF CONNECTICUT. 185 
 
 Tuttle. But Jacob denied that he came to 
 their house with any such intendmeiit, nor did 
 it appeare so to the court. 
 
 The Governor told Sarah that her miscar- 
 riage* is the greatest, that a virgin should be 
 so bold in the presence of others to carry it as 
 she had done, and to speake suche corrupt 
 words, most of the things charged against her 
 being acknowledged by herself, though that 
 about kyssing is denied, yet the thing is prooved. 
 Sarah professed that she was sorry that shee 
 had carried it so sinfully and foolishly, which 
 she saw to be hateful. She hoped GOD would 
 help her to carry it better for time to come. 
 
 The Governor allso told Jacob that his car- 
 riage hath been very evil and sinful so to carry 
 it towards her, and to make such a light matter 
 of it as not to think of it, (as he exprest,) doth 
 greatly aggravate, and for Marian, who was a 
 married woman, to suffer her brother and a 
 man's daughter, to sit almost half an hour in 
 such a way as they have related was a very 
 great evil. She was told that she should have 
 
 * f. e., immodesty, indiscretion.
 
 186 BLUE LAWS OF CONNECTICUT. 
 
 showed her indignation against it, and have 
 told her mother, that Sarah might have been 
 shut out of doors. Mrs. Murline was told that 
 she, hearing such words, should not have suf- 
 fered it. Mrs. Tuttle and Mrs. Murline being 
 asked if they had any more to say they said no. 
 
 Whereuppon the court declared, that we have 
 heard in the Publique Ministry that it is a 
 thing to be lamented, that young people should 
 have their meetings to the corrupting of them- 
 selves and one another. As for Sarah Tuttle 
 her miscarriages are very great, that she should 
 utter so corrupt a speeche as she did concerning 
 the persons to be married, and that she should 
 carry it in such a wanton, uncivil, immodest 
 and lascivious manner as hath been proved. 
 And for Jacob his carriage hath been very cor- 
 rupt and sinful, such as brings reproach upon 
 the family and place. 
 
 The sentence therefore concerning them is, 
 that they shall pay either of them as a fine 20s. 
 to the Treasurer. 
 
 A Court Jiolden Bd November, 1639. 
 It is ordered, that Mr. Hopkins shall have
 
 BLUE LAWS OF CONNECTICUT. 187 
 
 two hogsheads of lime for his present use, and 
 as much more as will finish his house as he 
 now intends itt, he thinking that two hogsheads 
 more will serve. 
 
 It is ordered that a meeting-house shall be 
 built forthwith, fifty foote square ; and that the 
 carpenters shall fall timber where they can 
 finde it till allotment be layed out, and men 
 know ther own proprietyes. 
 
 It is ordered, that Mr. Gregson and Mr. 
 Evance shall have fower dayes liberty after 
 this day to square their timber, before the for- 
 mer order shall take hold of them. 
 
 It is ordered, that Mr. Eaton, Mr. Davenport, 
 Robt. Newnan, Matthew Gilbert, Capt. Turner 
 and Thomas Fflugill shall from hence forward 
 have the disposing of all the house lotts, yett 
 undisposed of, about this towne, to such per- 
 sons as they shall judge meete for the good of 
 the plantation ; and thatt none shall come to 
 dwell as planters here without their consent 
 and allowance, whether they come in by pur- 
 chase or otherwise. 
 
 It is ordered, that every one thatt beares 
 armes shall be compleatly furnished with armes,
 
 188 BLUE LAWS OF CONNECTICUT. 
 
 (viz) a muskett, a sword, vandaleers, a rest, a 
 pound of powder ; 20 bullets fitted to their 
 muskett, or 4 pound of pistoll shott, or swan 
 shott att least, and be ready to show them in 
 the market place upon Monday the 6th of this 
 moneth before Gaptaine Turner and Lieutenant 
 Seeley, under the penalty of 20s fine for every 
 default or absence. 
 
 A Court holden the th of December, 1639. 
 
 It is ordered that Thomas Saule shall agree 
 with Goodman Spinnage before the next 
 Court, or else the Court will determine the 
 difference between them. 
 
 Eoger Duhurst and James Stewart are en- 
 joy ned to make double restitution to John 
 Cockerill for five pound and seventeen shillings, 
 which they stole out of his chist on the Lords 
 day in the meeting time, and they being ser- 
 vants to the said Cockerill, for which aggrava- 
 tion they were whipped also. 
 
 Thomas Manchester, servent to Mr. Perry, 
 being accused by his master for being drunk, 
 and for giving his master uncomely language, 
 for which his master having given him some
 
 BLUE LAWS OF CONNECTICUT. 189 
 
 correction, the Court (only) cased him to be sett 
 in the stocks for a certain time. 
 
 Nicholas Tamer, servant to the said Mr. Per- 
 ry, for drunkenness and abusing his master in 
 words, was whipped. 
 
 A General Court 4th of January, 1639. 
 
 It is agreed by the towne, and according- 
 ly ordered by the Courte, that the Neck shall 
 be planted or sown for the term of seven 
 years, and that John Brockett shall goe about 
 laying it out, for which, and all differences 
 betwixt party and party about ground for- 
 merly broke up and planted by English there, 
 shall be arbitrated by indifferent men, which 
 shall be chosen to that end. 
 
 It is ordered, that some speedy course shall 
 be taken to keep hogs out of the neck. 
 
 It is ordered, that a convenient way to the 
 Hay place be left comon for all the towne. 
 
 It is ordered, that no cattell belonging to 
 this towne shall goe without a keeper after the 
 first of May next.
 
 r 
 
 190 BLUE LAWS OF CONNECTICUT. 
 
 A General Court, 5th February, 1639. 
 
 It is ordered, thatt brother Andrews, bro. 
 Kimberly, Wm. Enos and Sergeant Beckley 
 shall assist Mr. Ling to ripen Goodman Tap's 
 business against the next Courte, concerning 
 his demands of certain monyes which he dis- 
 | bursed for bringing cattell from the Bay, ap- 
 pertaining to divers persons. 
 
 It is ordered that brother Andrews shall de- 
 taine so much of Eobt. Campion, his wages in 
 i his hands, as may secure a debt of Sib which 
 | Mr. Moulend demaunds of the said Eobt. 
 
 It is ordered, that Mr. Moulend shall pay to 
 j Mr. Perry 20s which he owes to him. 
 
 It is ordered, that Mr. Wilkee shall pay 5 
 bushells and a halfe of Indian corne to Thomas 
 Buckingham, for corne destroyed by Mr. Wilks 
 his hogs. 
 
 Isaiah, Captain Turner's man, fined 5lb for 
 being drunk on the Lords day. 
 
 Wm. Bromfield Mr. Malbon's man was sett 
 in the stocks for prophaning the Lord's day and 
 stealing wine from his master, which he drunk 
 and gave to others. 
 
 Ellice, Mr. Eaton's boy, was whipped for
 
 BLUE LAWS OF CONNECTICUT. 191 
 
 stealing a sow and a goafc from his master, and 
 selling them. 
 
 David Anderson was whipped for being 
 drunke. 
 
 John Tenner, accused for being drunke with 
 strong waters, was acquitted, itt appearing to 
 be of infirmity, and occasioned by the ex- 
 tremity of the cold. 
 
 Mr. Moulend accused of being drunke, but 
 nott clearly proved, was respited. 
 
 Peter Browne, Licensed to bake to sell, so 
 long as he gives no offence in it justly. 
 
 18th February, 1639. 
 
 John Charles forbidden to draw wine, because 
 there hath been much disorder by itt. 
 
 Goodman Leone was whipped and sent out 
 of the plantation, being not onely a disorderly 
 person himselfe, butt an incourager of others to 
 disorderly drinking meetings. 
 
 George Spencer being prophane and dis- 
 orderly in his whole conversation, and an abet- 
 tor of others to sin, and drawing on others in 
 to a conspericie to carrv away the Cock to
 
 s 192 BLUE LAWS OF CONNECTICUT. 
 
 Virgenia, was whipped and sent out of the 
 plantation. 
 
 John Proute, Hen. Brasier and William 
 Bromfield was whipped for joyning in the 
 aforesaid conspericie, and the said Hen. and 
 Win. were ordered to weare irons during the 
 magistrate's pleasure. 
 
 A Court holden the 1st of July, 1 640 
 
 Thomas Parsons and John servants 
 
 to Elias Parkmore, were whipped for their sin- 
 > full dalliance and folly with Lydia Browne, 
 j 
 
 5th August, 1640. 
 
 It is ordered, that none in this plantatione 
 shall either sell or lett a lott to any stranger, 
 for years, without allowance from the Courte. 
 
 It is ordered thatt att this day, every yeare 
 all the Ram Goates in the towne shall either be 
 side stringed, or some other Course taken with 
 them so as they cannot Ram the Ewes till the 
 fittest season. 
 
 A Court held at New-Haven the 3d of the 7th 
 
 month, 1642. 
 Matthew Willson for killing a dog of Mr.
 
 BLUE LAvTS OF CONNECTICUT. 193 
 
 Perry's, willfully and disorderly, fined 20s for 
 his disorder, and ordered to pay 20s damage to 
 Mr. Perry, which 40s Edward Chipperfield 
 undertooke to see pay'd by the last of Septem- 
 ber next. 
 
 John Lobell the Miller, for sinfull dalliance 
 with a little wench of Goodman Halls, was 
 whipped. 
 
 8th month, 1642. 
 
 It is ordered, thatt whosoever findes any 
 things thatt are Lost shall deliver them to the 
 Marshall, to be kept safe till the owners chal- 
 lenge them. 
 
 New-Haven, 2nd November, 1642. 
 Jeruas Boykin is ordered to pay unto George 
 Badcocke the sum of 20s for taking his cannow 
 without leave. 
 
 It is ordered, thatt those who have their 
 ) ffarmes att the Eiver, Called stony Eiver, shall 
 j have Liberty to make a sluice in the Eiver for 
 \ their owne convenience. 
 
 7th December, 1642. 
 Fforasmuch as John Owen hath had some 
 
 17
 
 I 194 BLUE LAWS OF CONNECTICUT. 
 
 damage done in his come by hogs, occasioned 
 through the neglect of Mr. Lamberton, John 
 Bud and Will Preston, in not makeing up their 
 fence in season, It is therefore ordered, thatt 
 the said Mr. Lamberton, John Bud and Will 
 Preston shall make Satisfaction to the said 
 John Owen, for the damage done ; (viz.) Eight 
 days worke and two Pecks of Corne, which is 
 to be payd according to the several apportions 
 of ffence unset up respectively. 
 
 1st of 1st month, 1643. 
 
 John Lawrence and Valentine, servants to 
 Mr. Malbon, for Imbezilling their masters 
 Goods, and keeping disorderly night Meetings 
 with Will Harding, a Lewd and disorderly 
 person, plotting with him to carry their mas- 
 ter's daughters to the farmes in the night, con- 
 cealing divers uncleane filthy dalliances; all 
 which they confessed and was whipped. 
 
 Ruth Acie, a Covenant servant to Mr. Mal- 
 bon, for stubbornes, lyeing, stealing from her 
 Mrs. and yeilding to filthy dalliance with Will 
 Harding, was whipped. 
 
 Martha Malbon, for consenting to goe in the
 
 BLUE LAWS OF CONNECTICUT. 195 
 
 night to the farmes with Will Harding, to a 
 venison feast, for stealing things from her 
 parents, and yielding to filthy dalliance with 
 the said Harding, was whipped. 
 
 Goodman Hunt and his Wife, for keepeing 
 the Councells of the said William Harding, 
 Bakeing him a Pastry and Plum Cakes, and 
 keeping Company with him on the Lord's day, 
 and she suffering Harding to kisse her, they 
 being onely admitted to sojourn in this Planta- 
 tion upon their good behavior, was ordered to 
 be sent out of this towne within one moneth 
 after the date hereof; yea, in a shorter time; 
 if any miscarryage be found in them. 
 
 At a Court held at New-Haven, September 2, 
 A. D. 1662. 
 
 Edmund Dorman, plaintiff, entered an action 
 of slaunder or defamation against Jeremiah 
 Johnson, defendant. The plaintiff informed 
 against him that he had heard that J. Johnson 
 had reported at John Olvarde's house, that he 
 heard Dorman at prayer in a swamp for a wife, 
 and being asked by John Olvarde who the 
 person was, he answered that it was his mare.
 
 196 BLUE LAWS OF CONNECTICUT. 
 
 And there was other circumstances of scoff- 
 ing, &c. 
 
 The defendant was asked whether he graunted 
 the thing or denied. The defendant desired 
 proof and that the witnesses might speake 
 apart. John Olvarde was first called, who tes- 
 tified that Johnson being at his house, he heard 
 him say, that he heard Edmund Dorman at 
 prayer in a swamp, (by John Downes's) for a 5 
 wife ; and sayde, ' Lord thou knowest my ne- 
 cessitie and canst supplie it. Lord bend and 
 bow her wille, and make her sensible of my 
 condition or necessitie.' He asked Jeremiah 
 who it was : he answered it may be his mare, 
 that she might be made servissable. John 
 Olvarde being asked when it was, he said it 
 was since harvest. 
 
 Stephen Bradley being called also testified 
 the same thing. The defendant being asked 
 what he had to say for himself, said he thought 
 Bradley did it out of revenge. But he was told 
 he must prove him a false person upon record, 
 or perjured, or that he doth it out of revenge at 
 this time. The defendant further said he did 
 expect some other persons that was present at
 
 John Olvarde's would have been here, therefore 
 did refuse to make his defence further at this 
 time ; and desired that the witnesses might not 
 be sworn. 
 
 Then Jeremiah was told that it was a fearful 
 thing to come to that height of sin, as to sit in 
 the seat of the scorner. Therefore the court 
 told him they should defer this business, and 
 warned him to attend the next particular court 
 to give answer hereunto. 
 
 December 3d, 1651. 
 
 Will Harding being convicted of a great deal 
 of base carriage with divers yonge girls, to- 
 gether with enticing and corrupting divers men 
 servants in this plantation, haunting with them 
 at night meetings and juncketings, &c. was sen- 
 tenced to be severely whipped, and fined 51. to 
 Mr. Malbone, and 51. to Will Andrews whose 
 famylyes and daughters he hath so much 
 wronged, and presently to depart the planta- 
 tion, and not to retourne under the penalty of 
 severer punishment. 
 
 1642. Samuel Hoskins and Elizabeth Cle- 
 verly being desirous to join together in the 
 17*
 
 198 BLUE LAWS OF CONNECTICUT. 
 
 state of marriage, and not being able to make 
 proof of their parent's consent, but seeing they 
 both affirm they have the consent of their pa- 
 rents and withall having entered into contract, 
 and sinfully and wickedly made themselves 
 both unfit for any other, and for which they 
 both have received Publique correction, upon 
 these considerations granted them liberty to 
 marry. 
 
 1643. Margaret Bedforde being convicted of 
 divers miscarriages, was severely whipped, and 
 ordered to be married to Nicholas Jennings 
 with whom she hath been naught.
 
 IV. 
 
 The following is the most ancient record of the Colo- 
 ny of New- Haven, and is a curiosity in the his- 
 tory of civil government. 
 
 THE 4th day of the 4th moneth, called June, 
 1639, all the free planters assembled together 
 in a general meetinge, to consult about settling 
 civil government according to GOD, and about 
 the nomination of persons that may be found 
 by consent of all fittest in all respects for the 
 foundation work of a Church which was in- 
 tended to be gathered in Quinipieck. After 
 sollemne invocation of the name of GOD in 
 prayer, for the presence and help of his spirit 
 and grace, in these weighty businesses, they 
 were reminded of the business whereabout they 
 met (viz) for the establishment of such civil or- 
 der as might be most pleasing unto GOD, and 
 for the chusing the fittest men for the founda- 
 tion work of a church to be gathered. For the
 
 200 BLUE LAWS OF CONNECTICUT. 
 
 better enabling them to discerne the minde of 
 GOD, and to agree accordingly concerning 
 the establishment of civil order, Mr. John Da- 
 venport propounded divers queries unto them, 
 publickly praying them to consider seriously 
 in the presence and feare of GOD the weight of 
 the business they met about, and not to be rash 
 or sleight in giving their votes to things they 
 understood not, but to digest fully and tho- 
 roughly what should be propounded unto them, 
 and without respect to men, as they should be 
 satisfied and perswaded in their own minds to 
 give their answers in such sort as they would 
 be willing they should stand upon record for 
 posterity. 
 
 This being earnestly expressed by Mr. Da- 
 venport, Mr. Robert Newman was intreated to 
 write in charracters and to read distinctly and 
 audibly in the hearing of all the people, what 
 was propounded and accorded on, that it might 
 appear that all consented to matters propounded 
 according to words written by him. 
 
 Quaere 1. Whether the Scriptures doe holde 
 fourth a perfect rule for the direction and go- 
 vernment of all men in all duteyes which
 
 BLUE LAWS OF CONNECTICUT. 201 
 
 they are to perform to GOD and men as well 
 in the government of famylyes and common- 
 wealths as in matters of the church ? 
 
 This was assented unto by all, no man dis- 
 senting, as was expressed by holding up of 
 hands. Afterwards it was read over to them, 
 that they might see in what wordes their vote 
 was expressed : they againe expressed their 
 consent thereto by holding up their hands, no 
 man dissenting. 
 
 Quaere 2. Whereas there was a covenant 
 sollemnely made by the whole assembly of free 
 planters of this plantation, the first day of ex- 
 traordinary humiliation that we had after we 
 came together, that as in matters that concern 
 the gathering and ordering of a church, so 
 likewise in all publique offices, which concern 
 civil order, as choyce of magistrates and offi- 
 cers, making and repealing of laws, divideing 
 allotments of inheritances, and all things of 
 like nature we would all of us be ordered by 
 those rules which the scripture holds forth to 
 us. This covenant was called a plantation co- 
 venant to distinguish it from a church cove- 
 nant, which could not at that time be made, a
 
 202 BLUE LAWS OF CONNECTICUT. 
 
 church not being then gathered, but was de- 
 ferred till a church might be gathered accord- 
 ing to GOD. It was demanded whether all the 
 free planters doe holde themselves bound by 
 that covenant in all business of that nature 
 which are expressed in the covenant, to submit 
 themselves to be ordered by the rules which 
 are held forth in the scripture. 
 
 This also was assented unto by all, and no 
 man gainsaied it, and they did testify the same 
 by holding up their handes, both when it was 
 first propounded, and afterwards confirmed the 
 same by holding up their hands when it was 
 read unto them in publiqne. John Clark being 
 absent when the covenant was made doth now 
 manifest his consent to it. Also Richard Beach, 
 Andrew Low, Goodman Bamster, Arthur Hal- 
 bidge, John Potter, Eichard Hill, John Brock- 
 ett, and John Johnson, these persons being not 
 admitted planters when the covenant was made 
 doth now expresse their consent to it. 
 
 Quaere 3. Those who have desired to be re- 
 ceived as free planters and are settled in the 
 plantation with a purposed resolution and de- 
 sire that they may be admitted into church fel-
 
 BLUE LAWS OF CONNECTICUT. 203 
 
 lowship, according to Christ, as soon as GOD 
 shall fitt them thereunto, were desired to ex- 
 presse it by holding up of hands, accordingly 
 all did express this to be their desire, and pur- 
 pose by holding up their hands twice, (viz) 
 both at the proposal of it, and after when these 
 written words were read unto them. 
 
 Quaere 4. All the free planters were called 
 upon to express whether they held themselves 
 bound to establish such civil order as might 
 best conduce to the securing the purity and 
 peace of the ordinances to themselves and their 
 posterity, according to GOD. In answer here- 
 unto they expressed by holding up their hands 
 twice as before. That they helde themselves 
 bound to establish such civil order as might 
 best conduce to the ends aforesaid. 
 
 Then Mr. Davenport declared unto them by 
 the scriptures what kind of persons might best 
 be trusted with matters of government, and by 
 sundry arguments from scripture proved that 
 such as were described Ex. 18. 1. Deut. 1. 13. 
 with Deut. 19. 15. and 1 Cor. 6. 1 to 7, ought 
 to be entrusted by them, seeing they were free to 
 cast themselves into that mould and forme of
 
 204 BLUE LAWS OF C< T NECTICUT. 
 
 commonwealth which appeareth best for them 
 in reference to the secureing the pure and 
 peaceable enjoyment of all Christ his ordinonces 
 in the church according to GOD, whereunto 
 they have bound themselves as hath been ac- 
 knowledged. Having said this he sat down, 
 pray ing the company freely to consider whether 
 they would have it voted at this time or not. 
 After some space of silence Mr. Theophilus 
 Eaton answered it might be voted, and some 
 others also spake to the same purpose, none at 
 all opposing it. Then it was propounded to 
 vote. 
 
 QuaereS. Whether free Burgesses. shall be 
 chosen out of Church members, they that are 
 in the foundation work of the church being 
 actually free burgesses, and to chuse to them- 
 selves out of the like estate of church fellow- 
 ship, and the power of chusing magistrates and 
 officers from among themselves and the power 
 of making and repealing laws according to the 
 word, and the dividing of inheritances, and the 
 deciding differences that may arise, and all the 
 businesses of like nature are to be transacted 
 by those free burgesses.
 
 BLUE LAWS OF CONNECTICUT. 205 
 
 This, (viz. Quaere 5.) was put to vote, and 
 agreed unto by the lifting up of hands twice, 
 as in the former cases it was done. Then one 
 man stood up after the vote was past, and ex- 
 pressing his dissenting from the rest, in that 
 yet granting, 1 That magistrates should be 
 men fearing GOD, 2. That the Church is the 
 company whence ordinarily such men may be 
 expected. 3. That they that chuse them ought 
 to be men fearing GOD, onelye at this he stucke, 
 That free planters ought not to give the power 
 out of their hands. 
 
 Another stood up and answered that in this 
 case nothing was done but with their consent. 
 The former answered that all the free planters 
 ought to resume this power into their own 
 hands again if things were not orderly carried. 
 Mr. Tbeophilus Eaton answered that in all 
 places they chuse committees. In like manner 
 the companys of London chuse the liverys by 
 whom the publique magistrates are chosen. In 
 this the rest are not wronged: because they 
 expect to be of the livery themselves, and to 
 have the same power. Some others intreated 
 the former to give his arguments and reasons 
 
 c THE LIBRARY 
 
 nf
 
 206 BLUE LAWS OF CONNECTICUT. 
 
 whereupon he dissented. He refused to doe it, 
 and said they might not rationally demaund it, 
 seeing he let the vote pass on freely, and did 
 not speak till after it was past because he would 
 not hinder what they agreed upon. Then Mr. 
 Davenport, after a short relation of some former 
 passages between them two about this question, 
 prayed the company that nothing might be 
 concluded by them in this weighty question 
 but what themselves were persuaded to be 
 agreeing with the minde of GOD, and they had 
 heard what had been sayd since the vote, in- 
 treated them agayne to consider of it and 
 agayne to put it to vote as before. Agayne all 
 of them, by holding up their hands, did shew 
 their consent as before. And some of them 
 professed, that whereas they did waver before 
 they came to the assembly, they were now fully 
 convinced, that it is the minde of GOD. One 
 of them said that in the morning before he 
 came, reading Deuteronomy 17. 15. he was 
 convinced at home. Another said that he came 
 doubting to the assembly, but he blessed GOD, 
 by what had beene said he was now fully satis- 
 fied that the choyce of burgesses out of Church
 
 BLUE LAWS OF CONNECTICUT. 207 
 
 members and to intrust these with the power 
 before spoken of, is according to the minde of 
 GOD revealed in the scripture. All having 
 spoken their apprehensions it was agreed upon, 
 and Mr. Eobert Newman was desired to write 
 it as an order whereunto every one that here- 
 after should be admitted here as planters should 
 submit, and testify the same by subscribing 
 their names to the order, namely, 
 
 That Church Members only shall be free 
 Burgesses, and that they only shall chuse 
 magistrates and officers among themselves, to 
 have the power of transacting all publique 
 civil affairs of this plantation, of making and 
 repealing laws, devideing of inheritances, de- 
 ciding of differences that may arise, and doing 
 all things or businesses of like nature. 
 
 This being settled as a fundamental article 
 concerning civil government, Mr. Davenport 
 propounded and proposed some things to con- 
 sideration aboute the gatheringe of a Church. 
 And to prevent the blemishing of the first be- 
 ginnings of the worke, He advised that the 
 names of such as were to be admitted might be 
 publiquely propounded, to the end that they
 
 208 BLUE LAWS OF CONNECTICUT. 
 
 who were most approved might be chosen ; for 
 the town being cast into several private meet- 
 ings wherein they that dwelt nearest together, 
 gave their accounts one to another of GOD's 
 gracious work npon them, and prayed together, 
 and conferred to their mutual edification, sundry 
 of them had knowledge one of another, and in 
 every meeting some one was more approved of 
 all than any other, For this reason, and to 
 prevent scandalls, the whole company was in- 
 treated to consider whom they found fittest to 
 nominate for this worke. 
 
 Quaere 6. Whether are you all willing and 
 do agree in this, that twelve men be chosen, 
 that their fitness for the foundation work may 
 be tried, however there may be more named, 
 yet it may be more in their power who are 
 chosen to reduce them to twelve and it be in 
 the power of those twelve to chuse out of them- 
 selves 7, that shall be most approved of the 
 major part to begin the church. 
 
 This was agreed upon by consent of all, as 
 was expressed by holding up of hands, and 
 that so many as should be thought fit for the 
 foundation work of a church shall be pro-
 
 BLUE LAWS OF CONNECTICUT. 209 
 
 pounded by the plantation and written down, 
 and passe without exception, unlesse they had 
 given public scandal or offence, yet so as in 
 case of publique scandall and offence, every one 
 should have liberty to propound their excep 
 tions at that time publiquely against any man 
 that should be nominated when all the names 
 should be writ down, but if the offence were 
 private, that men's names might be tendered, 
 so many as were offended, were intreated to 
 deal with the offender privately. And if he 
 \ gave not satisfaction to bring the matter to the 
 | twelve that they might consider of it imparti- 
 \ ally and in the feare of GOD. The names of 
 the persons named and agreed upon were Mr. 
 T. Eaton, Mr. J. Davenport, Eobert Newman, 
 Matthew Gibb, Richard Malthie, Nathaniel 
 'Turner, Thomas Fugill, John Punderson, Wil- 
 liam Andrews John Dixon. No exception was 
 $ brought against any of these in public, except 
 one about taking an excessive rate for meal 
 that he had sold to one of Pequonnock in his 
 neede, which he confessed with grief, and de- 
 clared that having been smitten in heart, and 
 troubled in his conscience, he offered such a
 
 210 BLUE LAWS OF CONNECTICUT. 
 
 1 
 
 part of the price back again, with, confession 
 of his sin to the party, as he thought himself 
 bound to do. And it being feared that the re- 
 port of his sin was heard further than the re- 
 port of his satisfaction a course was concluded 
 on to make the satisfaction, to as many as heard 
 of the sin. It was also agreed upon at the said 
 meetinge, that if the persons above named did 
 find themselves straitened in the number of fit 
 men for the 7, that it should be free for them 
 to take into tryal of fitnesse such other as 
 they should think meete. Provided that it 
 should be signified to the town upon the Lord's 
 day who they so take in that every man may be \ 
 satisfied of them, according to the course for- 
 merly taken. 
 
 [The foregoing was subscribed and signed < 
 by one hundred and eleven persons.]
 
 APPENDIX 
 
 THE FIRST COLLECTION OP LAWS ADOPTED IN THE 
 COLONY OP MASSACHUSETTS.* 
 
 AT the first meeting of the Court of Assistants 
 at Charlestown, Aug. 23d, 1630, they established 
 rules of proceeding in all civil actions, and insti- 
 tuted subordinate powers for punishing offenders. 
 The supreme authority being in the Court of As- 
 sistants, they resolved upon frequent meetings for 
 the due execution of it. As it was necessary for 
 every family to provide lodgings before winter, the 
 .first law proposed and passed was for the regula- 
 ting the price of wages of workmen, under a 
 penalty to him that gave as well as to him who re- 
 ceived more than the limited price. They pro- 
 
 * The following judicial decisions and enactments were 
 the first by which this colony was governed, and they 
 deserve to be termed "Blue Law?" -vith as much pro- 
 priety as those of Connecticut. They are taken from 
 Hutchinson's History of Massachusetts Bay, Boston, 
 1769, p. 435. S. M. S. 
 
 (211)
 
 212 APPENDIX. 
 
 ceeded to other laws for punishing idleness and 
 encouraging industry ; and, as they were in the 
 midst of savages much more numerous than them- 
 themselves, they obliged every man to attend 
 military exercises, and limited the bounds of their 
 plantations that none might be more exposed than 
 was necessary. 
 
 In civil actions, equity, according to the circum- 
 stances of the case, seems to have been their rule 
 of determining. The judges had recourse to 
 no other authorities than the reason and under- 
 standing which God had given them. In punish- 
 ing offenses they professed to be governed by the 
 judicial law of Moses, but no further than those 
 laws were of a moral nature. 
 
 Whilst they were thus without a code or body 
 of laws, and the colony but just come to its birth, 
 their sentences seem to be adapted to the circum- 
 stances of a large family of children and servants ; 
 as will appear from the following, which, from 
 amongst many others of the same sort, I have 
 taken out of the public records. 
 
 Josias Plaistowe, for stealing four baskets of 
 corn from the Indians, is ordered to return them 
 eight baskets, to be fined five pounds, and here- 
 after to be called by the name of Josias, and not* 
 Mr. as formerly he used to be. 
 
 * They were very careful that no title or appellation 
 shonld be given where it was not due. Not more than 
 half a dozen of the principal gentlemen took the title 
 of esquire ; and in a list of one hnndred freemen you
 
 APPENDIX. 213 
 
 Captain Stone for abusing Mr. Ludlow, and 
 calling him justass, is fined an hundred pounds, 
 and prohibited coming within the patent without 
 the governor's leave upon pain of death. 
 
 Serjeant Perkins ordered to carry forty turfs to 
 the fort for being drunk. 
 
 Edward Palmer for his extortion, in taking two 
 pounds thirteen shillings and four pence for the 
 wood work of Boston stocks, is fined five pounds, 
 and ordered to be set one hour in the stocks. 
 
 Captain Lovel admonished to take heed of light 
 carriage. 
 
 Thomas Petit for suspicion of slander, idleness 
 and stubbornness, is censured to be severely 
 whipped, and to be kept in hold. 
 
 Catherine, the wife of Richard Cornish, was 
 found to be suspicious of incontinency, and seri- 
 ously admonished to take heed. 
 
 Daniel Clarke, found to be an immoderate 
 drinker, was fined forty shillings. 
 
 John Wedgewood, for being in the company of 
 drunkards, to be set in the stocks. 
 
 John Kitchin, for showing books which he was 
 commanded to bring to the governor, and forbidden 
 to show them to any other and yet showed them, 
 was fined ten shillings. 
 
 Robert Shorthose, for swearing by the blood of 
 
 will not find above four or five distinguished by Mr., 
 although they were generally men of some substance. 
 Goodman and goodwife were common appellations.
 
 214 APPENDIX. 
 
 God, was sentenced to have his tongue put into a 
 cleft stick, and to stand so for the space of half an 
 hour. 
 
 In that branch of law more especially which is 
 distinguished by the name of crown law, they 
 professed to have no regard to the rules of the 
 common law of England. They intended to follow 
 Moses's plan, as has been observed, but no farther 
 than it was of a moral nature* and obligatory 
 upon all mankind, and perhaps they did not, in 
 many instances, err in judgment upon the morality 
 of actions, but their grand mistake lay in sup- 
 
 * They did not go the length of the Brownists, who 
 are said to have held " that no prince nor state on the 
 earth hath any legislative power, that God alone is the 
 lawgiver, that the greatest magistrate hath no other 
 power but to execute the laws of God set down in scrip- 
 ture, that the judicial laws of Moses bind at this day 
 all the nations of the world as much as ever they did 
 the Jews." jBoyh'e. 
 
 Roger Williams said that "although they professed 
 to be bound by such judicials only as contained in 
 them moral equity, yet they extended this moral 
 equity to so many particulars as to take in the whole 
 judicial law, no less than the rigidest Brownists." 
 Idem. 
 
 Although they did not go to this extreme, it must be 
 allowed they did not keep within the limits they pro- 
 fessed as their rule. They were charged with the hold- 
 ing it to be the duty of the magistrate to kill all idola- 
 ters and heretics, even whole cities, men, women, and 
 children, from the command of the Israelites to root out 
 the Canaanites. Idem.
 
 APPENDIX. 215 
 
 posing certain natural punishments, in every state, 
 alike proportioned to this or that particular kind 
 of offence, and which Moses had observed ; whereas 
 such punishments are and ought to be governed 
 by the particular constitutions and circumstances 
 of the several kingdoms and states where they are 
 applied ; and although they were undoubtedly 
 well fitted to the state of the ancient Israelites, and 
 the great end of punishment, viz., the preventing 
 the like offences, could not, it may be, have been 
 otherwise so well effected, yet they were by no 
 means obligatory upon other states whose consti- 
 tutions or circumstances differed ; and other states 
 have therefore continually more or less varied 
 from them. Idolatry was the sin which easily 
 beset the Israelites, and it was necessary to make it 
 a capital offence. Perhaps if it should be thought 
 proper to prohibit idolatry in China, at this day, 
 the same penalty might be necessary, and yet not 
 so in Xew England. 
 
 Murder,* sodomy, witchcraft, arson, and rape 
 of a child under ten years of age, were the only 
 crimes made capital in the colony which were 
 capital in England, and yet, from the mistaken 
 
 * Homicide was either murder, excusable homicide, 
 or justifiable. They did not make the distinction of 
 manslaughter from murder. The benefit of the clergy 
 was of popish extract, and btfrning in the hand with a 
 cold iron appeared to them a ridiculous ceremony.
 
 216 APPENDIX. 
 
 principle I have just mentioned their laws were 
 more sanguinary than the English laws ; for many 
 offences were made capital here which were not so 
 there. The first in order, being a breach of the 
 first command in the decalogue, was the worship 
 of any other God besides the Lord God. Perhaps 
 a Roman Catholic, for the adoration of the host, 
 might have come within this law. After the 
 miserable Indians submitted to the English laws, 
 special provision was made, by another law, that 
 if any of them should powow or perform outward 
 worship to their false gods, the powower (who 
 was their priest) should be fined five pounds, and 
 others present twenty shillings each. The Indians 
 have been punished upon the latter law, but I 
 never met with an instance of a prosecution of any 
 Englishman upon the former. 
 
 To blaspheme the holy name of God, Father, 
 Son, or Holy Ghost, with direct, express, pre- 
 sumptuous, or highhanded blasphemy, either by 
 wilful or obstinate denying the true God, or his 
 creation or Government of the world, cursing God, 
 or reproaching the holy religion of God, as if it 
 was a politic device to keep ignorant men in awe, 
 or to utter any other kind of blasphemy of the 
 like nature and degree, was also made capital. 
 
 Man-stealing, from Exodus xxi. 16, was also 
 capital. 
 
 So was adultery with a married woman, both 
 to the man and woman, altho' the man was single,
 
 APPENDIX. 217 
 
 and several have suffered death upon this law.* 
 Male adultery with an unmarried woman, was not 
 capital. 
 
 He who was convicted of wilful perjury, with 
 intent to take away the life of another, was to 
 suffer death, from Deut. xix. 16. This crime may 
 well enough be denominated murder, and yet a 
 wilful perjury, by which a man's life is in fact 
 taken away, was never made capital in England. 
 Many offences are made so, which seem to be 
 inferior in their guilt and consequences to the 
 public. The difficulty of conviction may be one 
 
 * Philo places the command against adultery before 
 that against murder. There was a pretty extraordi- 
 nary instance of a prosecution for adultery in the 
 year 1663. Mr. N. P., a young merchant, had been 
 intimate with a married lady of one of the first families 
 in the country. After her husband's death he married 
 her. After they had lived together three or four years, 
 a prosecution was began against both of them, for 
 adultery in the life time of the first husband. They 
 were both committed to prison and separately brought 
 upon trial for their lives. The court and jury were 
 favorable to the husband and acquitted him of a capital 
 offence, probably because he was not at the time 
 charged a married man. The wife likewise met with a 
 favorable jury, and they found her also not guilty, but 
 the court, who thought otherwise, refused the verdict, 
 and the cause was carried before the general court, 
 where she very narrowly escaped, the whole court de- 
 termining that there was proof of a crime which ap- 
 proached very near to adultery, but in favor of life she 
 was discharged. 
 19
 
 218 APPENDIX. 
 
 reason, and the discouragement, it would some- 
 times be, to witnesses to give their testimonies 
 another and stronger reason in vindication of the 
 common law. In this instance the Massachusetts 
 law agreed, I take it, with the civil law, the laws 
 of Scotland at this day, and of many other states 
 in Europe. 
 
 A child, above sixteen years of age, that cursed 
 or smote his father or mother, unless provoked by 
 cruelty and in its own defence, or unchristianly 
 neglected in its education, and also a stubborn and 
 rebellious son, according to Deut. xxi. 20, upon 
 conviction, were to suffer death. There have been 
 several trials upon this law. I have met with one 
 conviction, but the offender was rescued from the 
 gallows by the order of the King's commissioners 
 in 1665.* 
 
 * In the first draught of the laws by Mr. Cotton, 
 which I have seen corrected with Mr. Winthrop's hand, 
 divers other offences were made capital, viz. 
 
 Prophaning the Lord's day in a careless or scornful 
 neglect or contempt thereof. Numbers xv. 30 to 36. 
 
 Reviling the magistrates in highest rank, viz. the 
 governor and council. Exod. xxii. 18. 1 Kings xxii. 
 8, 9, 44. 
 
 Defiling a woman espoused. Deut. xxii. 23 to 26. 
 
 Incest within the Levitical degrees. 
 
 The pollution mentioned in Levit. xx. 13 to 16. 
 
 Lying with a maid in her father's house, and keeping 
 it secret until she was married to another. Exod. 
 xxi. 16. 
 
 The punishment by death is erased from all these
 
 r 
 
 APPENDIX. 219 
 
 High treason is not mentioned.* Before they 
 had agreed upon the body of laws, the King's au- 
 thority in England was at an end. . Conspiracy to 
 invade their own commonwealth, or any treacher- 
 ous perfidious attempt to alter and subvert funda- 
 mentally the frame of their policy and government 
 was made a capital offence. 
 
 Rape, it was left to the court to punish with 
 death or other grievous punishment at discretion.'^ 
 No judge would desire to have a capital punishment 
 left to his discretion, and it may be doubted 
 whether, in any case, it can be of public utility. 
 
 Several offences were capital upon a second con- 
 
 offecnes by Mr. Winthrop, and they are left to the dis- 
 cretion of the court to inflict other punishment short 
 of death. 
 
 From the same prejudice in favor of Israelitish cus- 
 toms a fondness arose, or at least was increased, for 
 significant names for children. The three first that 
 were baptized in Boston church were, Joy, Recompence, 
 and Pity. The humor spread. The town of Dorches- 
 ter, in particular, was remarkable for such names as 
 Faith, Hope, Charity, Deliverance, Dependance, Pre- 
 served, Content, Prudent, Patience, Thankful, Hate- 
 evil, Holdfast, &c. Many of which at this day are re- 
 tained in families, in remembrance of their ancestors. 
 
 * In 1678, when complaints were made against the 
 colony, it was by law made capital. 
 
 t Rape was not capital by the Jewish law, and for 
 that reason it was not so for many years by the colony 
 law.
 
 220 APPENDIX. 
 
 viction, as the returning of a Romish priest into 
 the jurisdiction after banishment upon the first 
 conviction. The law was the same with respect 
 to Quakers also. 
 
 The denial of either of the books of the Old 
 and Xew Testament, which were all enumerated, 
 to be the written and infallible word of God, was 
 either banishment or death for the second offence, 
 at the discretion of the court, and what is very 
 extraordinary, an inhabitant who was guilty of 
 this offence upon the high seas, was made liable 
 to the penalty. 
 
 Burglary, and theft in a house or fields on the 
 Lord's day, were capital upon a third conviction. 
 These were all the offences which they made 
 capital. 
 
 Larceny or theft, was punishable by fine or 
 whipping and restitution of treble the value, and 
 theft boot by a forfeiture of the value of the goods 
 to the government. 
 
 The penalty of drunkenness was ten shillings, 
 excessive drinking three shillings and four pence, 
 tippling above half an hour, half a crown, pro- 
 phane cursing and sweating', ten shillings, and if 
 more than one oath at a time, twenty shillings. 
 
 I have seen a letter, dated about the year 1660, 
 wherein a gentleman writes to his friend in 
 London, that " he had lived several years in the 
 country and never saw a person drunk nor never 
 heard a profane oath."
 
 APPENDIX. 221 
 
 The penalty of prophanation of the Sabbath 
 was ten shillings.* 
 
 Fornication, might be punished by enjoining 
 marriage, by fine or corporal punishment, and a 
 freeman, for this offence, might be disfranchised 
 upon conviction."}" 
 
 Idleness was no small offence ; common fowlers, 
 tobacco-takers, and all other persons who could 
 give no good account how they spent their time, 
 the constables were required to present to the next 
 magistrate ; and the selectmen of every town were 
 required to oversee the families, and to distribute 
 the children into classes, and to take care that 
 they were employed in spinning and other labor, 
 according to their age and condition. 
 
 Contempt of authority, was punished with great 
 severity, by fine, imprisonment or corporal punish- 
 ment. 
 
 Lesser offences, as all breaches of the peace, 
 and also every offence contra bonos mores, where 
 there was no determinate penalty, the court, before 
 which the offence was tried, punished at discre- 
 tion. 
 
 * When exception was taken in England to the laws, 
 that, relative to the Sabbath, restraining persons from 
 walking in the streets or fields, was one ; bnt, although 
 their charter was in danger, thej refused to make any 
 alteration in the law. 
 
 f Exodus xxii. 16, 17, caused some doubt whether 
 fine or corporal punishment was to be inflicted for > 
 fornication. I have several manuscripts on both sides ? 
 the question. 
 19* 

 
 APPENDIX. 
 
 They had a law against slavery, except prisoners 
 taken in war. Negroes were brought in very early 
 among them.* Some judicious persons are of 
 opinion that the permission of slavery has been a 
 public mischief. 
 
 Their laws concerning marriage and divorce 
 were somewhat singular. I suppose there had 
 been no instance of a marriage, lawfully celebrated, 
 by a layman in England, when they left it. I be- 
 lieve there was no instance of marriage by a 
 clergyman after they arrived, during their charter, 
 but it was always done by a magistrate, or by 
 persons specially appointed for that purpose, who 
 were confined to particular towns or districts. If 
 a minister happened to be present, he was desired 
 to pray. It is difficult to assign a reason for so 
 sudden a change, especially as there was no estab- 
 lished form of the marriage covenant, and it must 
 have been administered many times in the new 
 plantations by persons not the most proper for 
 that purpose, considering of what importance it is 
 to society that a sense of this ordinance, in some 
 degree sacred, should be maintained and pre- 
 served, f At this day, marriages are solemnized 
 
 * Josselyn mentions three or four blacks in Mr. 
 Maverick's family at Noddle 's-island in 1638. 
 
 t The Scotch writers tell ns, that by their laws it is 
 not necessary that marriages should be celebrated by a 
 clergyman, that the consent of parties, signified before 
 a magistrate, or only before two witnesses, and without 
 consummation, will make a marriage valid.
 
 APPENDIX. 223 
 
 by the clergy, and altho' the law admits of its 
 being done by a justice of peace, yet not one in 
 many hundred is performed by them. 
 
 In matters of divorce, they left the rules of the 
 canon law out of the question ; with respect to 
 some of them prudently enough. I never heard 
 of a separation, under the first charter, a mensa et 
 thoro. Where it is practised, the innocent party 
 often suffers more than the guilty. In general, 
 what would have been cause for such a separation 
 in the spiritual courts, was sufficient, with them, 
 for a divorce a vinculo. Female adultery was 
 never doubted to have been sufficient cause, but 
 male adultery, after some debate and consultation 
 with the elders, was judged not sufficient. De- 
 sertion a year or two, where there was evidence of 
 a determined design not to return, was always good 
 cause ; so was cruel usage of the husband.* Con- 
 sanguinity they settled in the same degrees as it 
 is settled in England and in the Levitical laws. 
 It is said, a man may give his wife moderate cor- 
 rection without exposing himself to any penalty 
 in the law ; our legislators had more tender senti- 
 ments of this happy state, and a man who struck 
 his wife was liable to a fine of ten pounds or 
 
 * It is a circumstance worthy of note, that these 
 Puritans, extremely rigid as they were, allowed divorces 
 for several causes which their descendants, and ether 
 orthodox people of the present day, repudiate ; who 
 absurdly insist that the New Testament restricts di- 
 vorces to cases of adultery alone. S. M. S.
 
 224: APPENDIX. 
 
 corporal punishment : A woman who struck her 
 husband was liable to the same penalties. 
 
 II. 
 
 COPT OF THE DETERMINATION OP ARBITRATORS FOR 
 SETTLING THE LINE BETWEEN NEW- HAVEN AND 
 THE DUTCH IN 1650. 
 
 Articles of agreement made and concluded at 
 Hartford, upon Connecticut, Sep. 19, 1650, be- 
 twixt the delegates of the honored commis- 
 sioners of the United Englishe Colonies, and the 
 delegates of Peter Stuyvesant, governor-generall 
 of Newe-Netherlands. Concerning the bounds 
 and limits betwixt the English United Collonies 
 and the Dutch province of Newe-Netherlands, 
 wee agree and determine as followeth. 
 
 1. That upon Long- Island, a line, run from the 
 westermost part of Oyster-Bay, and so in a 
 streight and direct line to the sea, shall be the 
 bounds betweene the Englishe and Dutch there ; the 
 easterly part to belonge to the English, the wester- 
 most part to the Dutch. 
 
 2. The bounds, upon the maine, to begin upon 
 the west side of Greenwich Bay, being about four 
 miles from Stamford, and so to run a westerly line 
 twenty miles up into the country, and after, as it 
 shall be agreed by the two governments of the
 
 APPENDIX. 225 
 
 Dutch and Newe Haven, provided the said line run 
 not within tenn miles of Hartford river. And it is 
 agreed, that the Dutch shall not, at any tyme here- 
 after, build any house or habitation within six 
 miles of the said line, the inhabitants of Green- 
 wich to remain (till further consideration thereof 
 be had) under the government of the Dutch. 
 
 3. That the Dutch shall hould and enjoy all the 
 lands in Hartford, that they are actually in posses- 
 sion off, knowne or sett out by certaine merkes and 
 
 ; boundes, and all the remainder of the said lands, on 
 both sides of Connecticut river, to be and remaine 
 to the English there. 
 
 And it is agreed, that the aforesaid bounds and 
 lymyts, both upon the island and maine, shall be 
 observed and kept inviolable, both by the Englishe 
 of the United Collonies and all the Dutch nation, 
 without any encroachment or molestation, until a 
 full determination be agreed upon in Europe, by 
 mutual consent of the two states of England and 
 Holland. 
 And in testimony of our joint consent to the 
 
 > several foregoing conditions, wee have hereunto 
 sett our hands this 19th day of Tber, 1650. 
 
 SYMON BRADSTREETE THO: WTLT.KT 
 THO: PRENCE THEO: BAXTER.
 
 22d .APPENDIX. 
 
 III. 
 
 COPY OP AN ADDRESS TO OLIVER CROMWELL IN 1654. 
 
 May it please your Highness, 
 IT hath beene no smal comfort to us poor 
 exiles, in these utmost ends of the earth (who 
 sometimes felt and often feared the frownes of the 
 mighty) to have had the experience of the good 
 hand of God, in raisinge up such, whose en- 
 deavours have not beene wantinge to our welfare : 
 amongst whom, we have good cause to give your 
 
 | highness the first place : who by a continued series 
 of favours have obliged us, not only while you 
 moved in a lower orbe, but since the Lord hath 
 called your highness to supreame authority, whereat 
 
 > we rejoice and shal pray for the continuance of < 
 your happy government, that under your shadow < 
 not only ourselves, but all the churches may find \ 
 rest and peace. The assurance of your highness's 
 
 < endeavours for that end wee have lately received 
 by Major Sedgwick and Captain Leveritt, for, not- 
 withstanding the urgent and important occasions \ 
 wherewith your highness is pressed, yet your 
 goodness hath compelled you to be mindful of us, 
 and to give such royal demonstration of your 
 grace and favour, far beyond what we dared to 
 expect or desire, upon intelligence of our condition 
 
 j presented to your highness by some private friends, 
 
 \ whose well meaninge to us, must excuse their
 
 APPENDIX. 227 
 
 mistake ; which hath made us confident, that our j 
 attendance to your pleasure, in furnishinge the said 
 gentlemen with voluntiers, for your highness's 
 service against the Dutch at the Manhatas, will be 
 acceptable : with whom also, in complyance with 
 our nation, ever since wee heard of the warr, wee 
 have debarred ourselves of all commerce ; and 
 have beene exercised with serious and consci- 
 entious thoughts of our duty in this juncture of 
 affaires; the result whereof was in May 1653, 
 That it was most agreeable to the gospel of peace 
 which we profess, and safest for these colonyes, at 
 this season, to forbeare the use of the sword ; and 
 though some of the other colonyes seemed to be 
 of another mind, yet there wanted the concurrence 
 of such a number of the commissioners to act ac- 
 cordingly, without whose consent foregoinge (by 
 the articles of our confederation) no warr may be 
 undertaken. Wee have nothing to add, to what 
 was then under consideration, to put us upon that 
 undertaking, in reference to our own interest, 
 which we ought to understand and should attend, 
 equally with our friends not more concerned than 
 our selves; wherein if wee should be mistaken, 
 wee hope wee shall not be loosers with God or 
 good men, by our tenderness in a case of such 
 importance, and suspendinge our actings, till wee 
 see cleare and satisfyinge grounds of our under- 
 takings, so highly tendinge to the violation of our 
 peace, the almost onely blessinge remaining to us, 
 of all our outward comforts; the losse whereof,
 
 228 APPENDIX. 
 
 with the necessary consequents, would add such 
 weight to our other sufferings as might overwhelms 
 us in sorrow, and in that respect, render us of all 
 men most miserable ; which wee are assured is so 
 far from your gracious intentions, that wee have 
 no doubt, but the liberty wee have taken, of the 
 waies proposed by your highness, to take that 
 which is in our understandinge, the most consist- 
 ent with our peace and welfare ; will be most ac- 
 ceptable to your highness, and indeed wee cannot 
 but acknowledge it a gracious providence of God, 
 and a high favor and gentleness in your highness 
 towards us, that when the object of your desire 
 was our good, the meanes to attaine that end 
 should no way press us : for, with all readiness, 
 wee haue consented the said gentlemen may raise 
 500 voluntiers, armed and furnished for your ser- 
 vice, within our jurisdiction, which is a large pro- 
 portion out of our small numbers, especially at 
 this season of the year, wherein the pressinge oc- 
 casions of harvest doe call for all our hands to 
 attend that service, least the following winter 
 punish us for our neglect : Yet wee willingly run 
 this hazzard, that wee might, in some measure, 
 manifest our devotion to your service, in what wee 
 may. Sir, be pleased to beleeve us, that our 
 harts and our affections to your highness are sin- 
 cere, and that wee should account it our unhappi- 
 ness, and ranke it amongst our greatest sufferings, 
 to incur your highness's displeasure, though wee 
 should never feele the effects thereof. If, there-
 
 APPENDIX. 229 | 
 
 fore, onr understandings have in any thing mislead 
 us, we most humbly crave your pardon, and that 
 your highness be pleased to retaine us in your 
 good opinion and favour, and wee shall ever pray 
 the Lord, your protector in all your dangers, that 
 'tath crowned you with honor after your long 
 service, to lengthen your daies, that you may long 
 continue Lord Protector of the 8 nations, and of 
 the churches of Christ Jesus, In whom we are, 
 
 Sir, 
 
 Your Highness's 
 
 24th August, devoted servants, 
 
 1654. 
 
 The General Court of the Massatusetta
 
 230 APPENDIX. 
 
 IY. 
 
 COPT OP A LETTER FROM THE GOVERNMENT OP 
 THE COLONY OP RHODE-ISLAND, CONCERNING THE 
 QUAKERS. 
 
 Much honored gentlemen, 
 
 PLEASE you to understand, that there hath 
 come to our view a letter subscribed by the 
 honour'd gentlemen commissioners of the United 
 Coloneys, the contents whereof are a request con- 
 cerning certayne people caled Quakers, come among 
 us lately, &c. 
 
 Our desires are, in all things possible, to pursue 
 after and keepe fayre and loving correspondence 
 and entercourse with all the colloneys, and with all 
 our countreymen in New-England ; and to that 
 purpose we have endeavoured (and shall still en- 
 deavour) to answer the desires and requests from 
 "> all parts of the countrey, coming unto us, in all 
 just and equall returnes, to which end the coloney 
 have made seasonable provision to preserve a just 
 and equal entercourse between the coloneys and 
 ) us, by giving justice to any that demand it among 
 us, and by returning such as make escapes from 
 
 < you, or from the other coloneys, being such as fly 
 I from the hands of justice, for matters of .crime 
 5 done or committed amongst you, &c. And as 
 
 < concerning these Quakers (so caled) which are 
 now among us, we have no law among us whereby
 
 APPENDIX. 231 
 
 to punish any for only declaring by words, &c., 
 their mindes and understandings concerning the 
 things and ways of God, as to salvation and 
 an eternal condition. And we, moreover, finde, 
 that in those places where these people aforesaid, 
 in this coloney, are most of all suffered to declare 
 themselves freely, and are only opposed by argu- 
 ments in discourse, there they least of all desire to 
 come, and we are informed that they begin to 
 loath this place, for that they are not opposed by 
 the civil authority, but with all patience and 
 meeknes are suffered to say over their pretended 
 revelations and admonitions, nor are they like or 
 able to gain many here to their way ; and surely 
 we find they delight to be persecuted by civil 
 powers, and when they are soe, they are like to 
 gaine more adherents by the conseyte of their 
 patient sufferings, than by consent to their per- 
 nicious sayings. And yet we conceive, that their 
 doctrines tend to very absolute cutting downe 
 and overturning relations and civil government 
 among men, if generally received. But as to 
 the dammage that may in likelyhood accrue to the 
 neighbour colloneys by theire being here enter- 
 tained, we conceive it will not prove so dangerous 
 (as else it might) in regard of the course taken 
 by you to send them away out of the countrey, as 
 they come among you. But, however, at present, 
 we judge it requisitt (and doe intend) to com- 
 mend the consideration of their extravagant out- 
 goings unto the generall assembly of our coloney 

 
 232 
 
 APPENDIX. 
 
 in March next, where we hope there will be such 
 order taken, as may, in all honest and contentions 
 manner, prevent the bad effects of their doctrines 
 and endeavours; and soe, in all courteous and 
 loving respects, and with desire of all honest and 
 fayre commerce with you, and the rest of our 
 honoured and beloved countreymen, we rest 
 
 Yours in all loving respects to serve you, 
 
 From Providence, at 
 the court of tryals, 
 held for the colo- 
 ney, October 13th, 
 1657. 
 
 BENEDICT ARNOLD, Presidt. 
 WILLIAM BAULSTON, 
 RANDALL HOWLDON, 
 ARTHUR FENNEB, 
 WILLIAM FEILD. 
 
 To the much honoured, the Generall 
 
 Court, sitting at Boston, for the 
 
 Colloney of Massachussitts.
 
 CONTENTS. 
 
 I. Origin of the Colonies in Connecticut, 6 
 
 n. Early History of the Three Colonies, 9 
 
 m. First Constitution of the Colony of New Haven, 12 
 
 rv. Progress and Growth of the Connecticut Colonies, 21 
 v. History of the Connecticut Colonies till the 
 
 Adoption of the Blue Laws, 27 
 
 BLUE LAWS OF CON WE C TICTTT. 
 
 I. THE CONSTITUTIOH OB Crra COMPACT OP 1638-39, 41 
 
 n. THE CODE OP 1650, 55 
 
 Ability, 55 
 
 Actions ......... ......... .................. ................. 55 
 
 Age, 56 
 
 Arrest, 56 
 
 Attachment, 57 
 
 Ballast, 60 
 
 Barratry, 61 
 
 Bills, ^ 61 
 
 Bounds 62 
 
 Burglary and Theft, 64 
 
 Laws, 67 
 
 Casck and Cooper, 71 
 
 Cattle and Cornfields, 72 
 
 Cattle to be marked, 75 
 
 Common Fields, 75 
 
 233
 
 234 CONTENTS. 
 
 Caveats, 77 
 
 Courte, Secrets in, 82 
 
 Children, 82 
 
 Constables, 84 
 
 Conveyances, .* 87 
 
 Cruelty 88 
 
 Death, Untimely, 88 \ 
 
 Delinquents, 89 \ 
 
 Ecclesiastical, 89 j 
 
 Escheats, 92 j 
 
 Executions, 93 < 
 
 Fences, 94 
 
 Ffynes, 94 
 
 Ffyre, 95 j 
 
 Forgery, 96 
 
 Fornication, 97 
 
 Gaming, 97 
 
 Idleness, 100 
 
 Guards at Meeting, 98 
 
 Highways, 98 
 
 Indians, 101 \ 
 
 Inkeepers, 110 j 
 
 Juries and Jurors, 116 J 
 
 Grand Jury, 118 ( 
 
 Lands, 119 
 
 Levies, 119 I 
 
 Lyinrffe, .- 121 
 
 Masters and Servants 123 
 
 Manslaughter 125 i 
 
 Magistrates, 125 j 
 
 Marriage, 126 
 
 Marshall, 128 
 
 Measures and Weights, 129 
 
 Military Affairs, 130 
 
 Ministers,... 137
 
 CONTENTS. 235 
 
 Oaths, 138 
 
 Peage, 143 
 
 Poore, 143 
 
 Pound Breach, 142 
 
 Prophane swearing, 145 
 
 Rates, 146 
 
 Records, 155 
 
 Schools, 162 
 
 Secretary, 164 
 
 Strayes, 167 
 
 Swyne, 169 
 
 Timber, 170 
 
 Tobacko, 170 
 
 Trespasses, 172 
 
 Treasurer, 173 
 
 Voates, 173 
 
 Verdicts, 174 
 
 Wine and Strong water, 175 
 
 Watches, 175 
 
 Wolves, 177 
 
 Wrecks at sea, 178 
 
 III. NEW HAVEN ANTIQUITIES, OR EXTRACTS FROM THE 
 
 JUDICIAL RECORDS OF NEW HAVEN, 181 
 
 IV. EARLY RECORDS OF THE CHURCH AT NEW HAVEN,.. 199 
 
 APPENDIX 
 
 I. The First System or Body of Laws adopted in the 
 
 Colony of Massachusetts, 211 
 
 H. Copy of the Determination of Arbitrators for set- 
 tling the line between New Haven and the 
 
 Dutch in 1650, 224 
 
 in. Copy of an Address to Oliver Cromwell in 1654, 226 
 iv. Copy of a Letter from the Government of the 
 Colony of Rhode Island concerning the 
 Quakers, 230
 
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