Sit at Plimouth twice a year namely the first Tuesday in April when where to Sit. and the first Tuesday in October to Hear Examine and Determine all Cases of Life Limb Banishment and matters of Divorce according to Law and to Receive and Try all Appeals duely brought unto them from any Inferiour Court whether in matters Civil or Criminal to order Warrants for the choice of Juries and constitute Clerks or other needful Officers their power Ordered the Court of Assistants or Council have power to order the Payments to be made out of the Publick Treasury due to such as upon occasion have been Imployed in the Countries Service In which Court to make a valid Determination There shall pe present at least the Governour or Deputy Governour and four Assistants 2. And that Justice be not deferred nor the Countrey needlesly charged It shall be lawful for the Governour Liberty to call a Court of Assistance on special occasion or in his absence the Deputy Governour to call a Court of Assistants to try any Malefactors in any Capital Cause or upon other weighty Occasions as he shall see need 3. Ordered That no Person shall be put to Death in less than four dayes after Condemnation unless the Court see special cause or in case of Martial Law And that it shall be lawful for the Governour or Deputy Governour with the consent of two Magistrates Condemned persons the time of Execution Replevin to Reprieve a condemned Malefactor for a short time and if there be to them special Reason to the next General Court And that Warrants for Execution shall be always Signed by the Clerk of the Court of Assistants by Order of said Court Court of Admiralty BE it Enaced by this Court and the Authority thereof That the Governour for the time being or the Deputy Governour with three or four or the Assistants Courts or Admiratly their constitution power and such other Substantial Persons as the Governour for the time being shall commissionate under the Seal of this Colony shall have full Power to Act as a Court of Admiralty for Hearing and Trying and Determining all Matters and Causes which by the Act Intituled Pirates and Privateers are to be Tried thereby or by a Quorum of them as by the said Commission shall be Authorized either by themselves alone or together with or by a Jury Impannelled for such Trials as the Case may Require County Courts 1. IT is Ordered by this Court and the Authority thereof That there be in this Colony three Counties Countie and County Courts their constitution and that in each County there shall be kept annually two County Courts which Courts shall be kept by the Magistrates living in the several Counties or by any other Magistrate that can attend the same or by such as the General Court shall appoint from time to time and to make a Court there shall be present not less than three Magistrates or Associates and in no case shall Judgment be given without there be two consenting or the major part if more than four Judges and in the absence of the Governour or Deputy Governour the eldest Magistrate shall be President of the Court which Court shall have and hereby have power to order the choice of Juries of Grand Inquest and Trials in their several Countries and to constitute Clerks and other needful Officers the County Treasurer to be appointed and allowed of by said Court annually It is Ordered That each County Court shall have and hereby have power to Hear Try and Determine according to Law all Matters Actions Gauses and Complaints Their power whither Civil or Criminal in any Case not extending to Life Limb or Banishment or matter of Divorce The County of Plimouth its Limits 2. It is Ordered That Plimouth Duxbury Scituate Marshfield Bridgwater and Middlebrough together with all such Place and Villages that do or may lye between the said Towns and the Patent Line be a County Plimouth the County Town and said County called the County of Plimouth In which County shall be kept two County Courts annually courts number time place at the Town of Plimouth one on the third Tuesday in March and the other on the third Tuesday in September The County of Barnstable its Limits 3. It is also Ordered That Barnstable Sandwich Yarmouth and Easthaws the Villages of Sippican Suckonesset and Manamoy shall be a County Barnstable the County Town and said County shall be called the County of Barnstable courts number time place in which County shall be kept two County Courts annually at the County Towns one on the third Tuesday in April and the other on the third Tuesday in October The County of Bristol its Limits It is further Ordered That Bristol Taunton Rehoboth Dartmonth Swansey Little Compton Free-Town Sowammit Pocasset Punkatest and all such Places Towns and Villages as are or may be settled on said Lands shall be a County courts number time place Bristol the County Town and the said County shall be called the County of Bristol In which County shall be kept two County Courts annually at the County Town one on the third Tuesday in May and the other on the third Tuesday in November Deeds c. may be Recordedin the County where they ly and held sufficient 4. It is Ordered c. That all Deeds Bargains Mortgages for Houses Rents Lands not already Recorded in the Publick Records or that shall not be Recorded before the first County Court of each County shall or may be Recorded in the County where they lye by the County Recorder which shall from and after the first County Court that Sits in said County be accounted Legal and Sufficient Record for the same it having been acknowledged or duely Proved before the Recording County Courts to settle the Estate of intestats take probats of Wills 5. It is Ordered that such County Court shall have and hereby have power to settle and dispose according to Law the Estate of any Person that dies Intestate within the County and to grant Letters of Administration and take the probate of Wills To make Orders for County Prisons High-wayes Bridges Rates in their County 6. It is Enacted That County Courts have Power to make effectual Orders about county Prisons High wayes and Bridges and when there is occasion Order Rates to be made in the several Towns and Places of the County for defraying County charges The Raters of each Town to Rate their Inhabitants or Persons under their Constablerick according to the proportion Ordered by the County Court and the Constable to gather such Rates and be accountable for the same to the County Treasurer 7. It is Ordered That in any County where a Stranger dies Intestate the County Court shall appoint a meet Person to Administer on his Estate if he leave any and to secure the same for them of whom of
Right it doth or may belong Town Clerks to return to the County Courts the names of Constables Jury men c. chosen 8. It is Ordered That the Town Clerk in such Town Annually return the Names of such Persons to the County Court as by the several Towns are chosen to serve as Constable Grand Jury-men Surveyors of High-ways that they may take their Oaths and be established in their Respective Places and the Select-men to be returned to the Court of Election on penalty of twenty shillings fine for each Neglect Clerk of the County to be the Recorders of the County 9. It is Ordered That the Clerk of the County Court shall be the Recorder of the County who shall Record Deeds and Evidences for Lands lying within the County who shall be under Oath for the faithful discharge of his Place Said Clerk in open Court may Administer Oaths to Witnesses and in the Name or Order of Court to grant Summons Attachments Warrants and to sign and give out Executions for any Judgment obtained in any of the County Courts Their work Power which shall not be until twelve hours after Judgment unless in any particular Case the Law hath otherwise provided nor then if the Court or any special cause shall Respit the same 10. It is Ordered That each County Court may Adjourn their County Courts as to them may seem meet County courts adjournment And all Persons concerned shall be bound to attend the said Adjournment 11. It is Ordered That there be a County Marshal who shall-alwayes attend said Courts who are impowred to serve all Warrants County Marshal work and Power Attachments or Summons that are directed to them and to Levy Executions who may Require Aid in the Execution of their Office which shall be yielded on the same penalty that is for any to refuse to assist a Constable In what Case two Magistrats may grant Administration probate of Wills out of Court 12. It is Ordered That in any Case that requires a speedy proving of a Will or taking out Letters of Administration it shall be lawful for any two Magistrates the Clerk of the County Court being present to Record the same to take the Probate of such Wills and to grant Administrations though out of Court or not in Court time who may determine matters of equity as cannot be relieved by the common Law 13. That a Magistrate or any Court shall have Power to determine all such Matters of Equity in Cases or Actions that have been under their Cognizance as connot be relieved by the common Law as the forfeiture of an Obligation breach of Covenants without great Damage or the like matters of apparent Equity 14. Ordered That the County Court or any two of the Magistrates may as need shall require upon defect of any Towns chusing Raters Who may chuse Raters in defect or the Raters neglecting to make such Rates as by Order of Court are required of them or orderly committed to them make choice of three men in such town to make such Rates as aforesaid Criminals convict to pay cost of prosecution 15. Ordered That in all Criminal Cases or Misdemeanors besides their Fines or Punishment Persons Convict shall pay Cost and needful charges of Prosecution 16. It is Ordered c. That a Judgment acknowledged before any two Magistrates and the Clerk of the Court shall be good in Law and if the Clerk be a Magistrate he with one Magistrate may take such acknowledgment and the Clerk shall have twelve pence for Recording the same Courts of Select-men IT is Ordered by this Court and the Authority thereof That every Town in this Colony shall chuse three or five able Discreet men out of the Free-men of each Town Annualy who shall be presented to the General Court at June to be approved Courts of Select men their constitution power and then Sworn there or before a Magistrate who shall have Power to hear try and determine all Actions of Debt Trespass or Damage not exceeding forty shillings and to grant Summons and Attachments to the Marshal or Constables to be returned into their Courts which may be four in one Year and not more and to Administer Oaths to any that may be used at their Courts or in such Matters as they have to deal withal And Summons Witnesses and upon Issue of the Cases to grant Executions to the Constable or County Marshal who shall Execute the same make Return thereof doing thereupon to the Officer that keeps the Records of such Courts and in all things to act and determine according to Law as is provided for other Courts and causes without Jury and that to make a valid Act there shall be the major part of them consenting and that the Select-men in each Town shall order the Prudential Affairs of the Town viz. to admit approve or disapprove of any Person who shall offer to Dwell or Inhabit in the said Town to provide for such poor and necessitous Persons at the Towns charge as the Town ought to be charged withal to look after and prevent any Incroachments upon High-wayes and Streets to look after the keeping and maintaining the Town Bounds at the Towns charge to put out with the consent of a Magistrate Children that cannot or are not provided for by their Parents or Friends to Service or Apprentice Boyes till one and twenty and Girls till eighteen years of age to put out to Service with the Advice of a Magistrate any Idle Disorderly or Shiftless Persons that are likely to be chargeable to the Town That in such Town where no Magistrate or Person Authorized with Magistratical power is the Select men or any two of them shall have power to convict and punish any persons according to Law for Drunkenness Swearing Cursing Sabbath-breaking Night-walking Breaking of Peace and all such other Matters in their Town referred to them by Law CHAP VII Criminals 1. IT is Ordered by this Court and the Authority thereof That whosoever shall commit Adultery with a Married Woman or one Betrothed to another Man Adultry how to be punished both of them shall be severely punished by Whipping two several times viz. once when the Court is in being at which they were convict of the Fact and the second time as the Court shall Order and likewise to wear two Capital Letters A. D. cut out in Cloth and Sewed on their upper Garments on their Arm or Back and if at any time they shall be found without the said Letters so worn whilest in this Government to be forthwith taken and publickly Whipt and so from time to time as often as they are found not to wear them Fornication how before Contract 2. Be it also Enacted That whosoever committeth Fornication before or without lawful Contract shall be punished by whipping or else pay ten pounds fine each of them to the County But if they be or will be Married to
Ordain and Constitute that no Act Imposition Law or Ordinance be Made or Imposed upon us at present or to come but such as shall be Enacted by consent of the body of Freemen or Associates or their Representatives legally assembled which is according to the free Liberties of the free born People of England Annually chosen by the free men 2. And for the well Governing this Colony It is also Resolved and Ordered that there be a free Electron annually of Governour Deputy Governour and Assistants by the Vote of the Freemen of this Corporation Justice to be equally and speedily administred 3. It is also Enacted that Justice and Right be equally and impartially Administred unto all not sold denied or causelesly deferred unto any None to suffer but according to Law and by due course process of Law 4. It is also Enacted that no person in this Government shall suffer or be indamaged in respect of Life Limb Liberty Good Name or Estate under colour of Law or countenance of Authority but by Virtue or Equity of some express Law of the General Court of this Colony or the good and equitable Laws of our Nation suitable for us in matters which are of a civil nature as by the Court here hath been accustomed wherein we have no particular Law of our own And that none shall suffer as aforesaid without being brought to answer by due course and process of Law 5. And that all Cases whither Capital Criminal or between man and man All Trials to be by Jury be Tried by a Jury of twelve good and lawful men according to the Commendable custome of England except where some express Law doth referre it to the judgment of some other Judg or Inferiour Court where Jury is not in which Case also any party agrieved may Appeal and have Trial by a Jury with liberty to challenge any of the Jury And it shall be in the liberty of any person that is to be tried by a Jury to challenge any of the Jurors and if the challenge be found just and reasonable by the Bench it shall be allowed and others without just exception shall be Impannelld in their room And if it be in case of Life and Death the Prisoner shall have liberty according to the Law of England to except against twenty of the Jury without giving any reason for the same what testimony required in cases 6. That no Person shall be Cast Condemned or Sentenced in any Case Capital Civil or Criminal without the testimony of two sufficient Witnesses or other sufficient Evidence or Circumstances equivolent thereunto unless in any particuler Case the Law hath otherwayes provided 7. And it is Enacted Being the Priviledge of our Charter That all Persons of the Age of twenty one Years Power to make Wills of right understanding and memory whether Excomunicated Condemned or other having any Estate properly theirs to dispose of shall have Power and Liberty to make their reasonable Wills and Testaments and other lawful Alienations of their Lands and Estates be it only here excepted That such as are sentenced for Treason against the King's Majesty An Exception or Realm of England or other Capital crimes shall forfeit to the King or Colony for the carrying on the Charge of Government their personal Estate Their Lands and real Estate being still at their disposal 8. That whereas the great and known end of the first Comers in the year of our Lord The great end of our coming into this Wilderness was Liberty to enjoy the pure worship of God without offence to others 1620. leaving their dear Native Country and all that was dear to them there transporting of themselves over the vast Ocean into this remote wast Wilderness and therein willingly conflicting with Dangers Losses Hardships and Distresses sore and not a few Wars that without offence they under the protection of their Native Prince together with the enlargement of his Majesties Dominion might with the liberty of a good Conscience enjoy the pure Scriptural worship of God without the mixture of humane inventions and impositions and that their Children after them might walk in the Holy wayes of the Lord And for which end they obtained leave from King James of happy Memory and His Honourable Council with farther Graunts from His Gracious Majesty Charles the 1. and His Honourable Council by Letters Patents for sundry Tracts of Land with many Priviledges therein contained for their better Encouragement to proceed on in so Pious a Work which may especially tend to the propagation of Religion c. as by Letters Patents more at large appeareth with further assurance also of the continuance of our Liberties and Priviledges both Civil and Religious under the Royal hand and Seal of our Soveraign Lord King Charles the II. And whereas by the good hand of our God upon us many others since the first comers are for the same end come unto us and sundry others rise up amongst us desirous with all good Conscience to walk in the Faith and Order of the Gospel whereby there are many Churches gathered amongst us walking according thereunto And whereas by the Grace of God we have now had above sixty Years experience of the good consistancy of these Churches with Loyalty to our Prince civil Peace and Order and also with spiritual Edification together with the welfare and tranquility of the Government It is therefore for the honour of God and the propagation of Religion and the continued welfare of this Colony The Churches of Christ to be protected Ordered by this Court and the Authority thereof That the said Churches already Gathered or that shall be orderly Gathered may and shall from time to time by this Government be Protected and Incouraged in their peaceable and orderly walking and the faithful able And the Ministers of the Gospel to be provided for orthodox Teaching Ministry thereof duely incouraged and provided for together with such other orthodox able Dispensers of the Gospel which shall or may be placed in any Township in this Government where there is or may be defect of Church Order All the foregoing Fundamentals inviolably to be preserved 9. And finally It is Ordered and Declared by this Court and the Authority thereof that all these aforegoing Orders and Constitutions are so Fundamentally Essential to the just Rights Liberties Common Good and Special End of this Colony as that they shall and ought to be inviolably preserved CHAP. II. Actions 1. IT is Ordered by this Court and the Authority thereof That all Actâ—ons about Title of Land shall be first Tried in the County where the Lands lieth Title of Land to be tried in the County where it lieth other Trials where one of the parties dwell Trials before a Magistrate and all other Actions Tryable at a County Court shall be Tried at any of the Counties where either Plaintiff or Defendant dwelleth or resideth as the Plaintiff pleaseth
Security to respond Costs before Summons or Attachment gr nted 13. That no Attachment or Summons shall be granted in any Civil Action to any Forreigner against a settled Inhabitant of this Jurisdiction or against a Forreigner before he hath given sufficient security or caution duly to Prosecute his Action and to answer the Defendant such Cost and Damages as the Court may award on penalty of making good the Damage by the Granter 14. And it is further Ordered That in all Attachments of Goods and Chattels Lands or Heriditaments In Attachment of Goods c. Legal notice to be given to the parties concerned Lands or Heriditaments whether it be by Forreigners or settled Inhabitants Legal notice shall be given to the Party concern'd either personally or by leaving a Copy of the Summons or Attachment five compleat working dayes before the Court at the House or place of or that was his usual abode before the Suit proceed but if he be out of the Jurisdiction the Cause notwithstanding shall proceed to Tryal and if Judgment pass for the Plantiff it shall be Entred And in what case Execution shall be respited but Execution shall not be granted until the next Court and that the Plantiff hath given sufficient Security to be Responsible to the Defendant if he shall Reverse the Judgment within one Year or such further time as the Court shall see cause to order 15. Be it Enacted That henceforth Lands or Goods Attacht to a Tryal shall not be Released upon the Appearance of the Party or Judgment given lands or goods Attacht when to be released and when not but shall stand ingaged until the Judgment or the Execution granted upon the said Judgment be discharged provided Execution be levied thereon within one Month after Judgment and that where any Marshal or Constable or their lawful Deputie shall by virtue of any Warrant Attach any mans Person he shall take Bond of him with sufficient Security or Sureties And so of Bonds and furties bound to such Officers for his or their Appearance at the Court Attached to and to abide Tryal and in case of Appeal to the Court Appealed to till the Judgment be there Entered How the Officer shall make his Return and that the Person Attached be forth-coming any time within six dayes after Judgment for the Plantiff to lay his Execution on if he see cause after which time the Surety to be cleared The officer shall make his Return and Indorse his Bond on the back-side of the Attachment and when the Officer shall deliver the Person to the Jaylor or take the Bond and return the same with the Attachment to Court And if any Person Attached shall neglect or refuse to give Bond or sufficient Security be shall by said Officer be delivered to the Jaylor of the County who shall keep him in Custody until six dayes after Judgment or till Released by the Party at whose Suit Attached and the Plantiff Levy his Execution afterwards as the Law Directs 16. Liberty is granted by this Court to any person to improve one or two Attorneys in any Civil Action to help him in his Pleas provided they be persons of good Repute and such as the Court shall approve and the said Attorneys are Required as to be faithful to their Client Attorneys allowed so also to avoid fraudulent Pleas that may have a tendency to mislead the Court or darken the Case and in no Case shall be allowed for Attoneys more than five shillings and Attorney or Attorneys at Select Courts or Magistrates Courts to be allowed but two shillings in any Case Barratry punished 17. And it is Enacted that if any Person be proved a common Barrater by vexing others with unjust frequent and troublesome Suits it shall be in the power of the Court both to eject his Cause and punish him for his Barratry by Fine or Imprisonment 18. It is Ordered That no man's Person shall be Restrained Imprisoned by any Authority whatsoever Who Bailable before the Law hath Sentenced him thereunto if he can put in sufficient Security Bail or Mainprize for his Appearance and good Behaviour in the mean time unless it be in Crimes Capital and Contempt in open Court or in such Case where some express Act of the General Court doth allow it No Levy on Lands where Goods found nor Surety Destrained where princile sufficient nor Beast of Plough or Draught 19. It is Ordered That no Debt be Levied on Lands or Rents so long as the Debtor hath Goods and Chattels to be found to satisfie neither shall the Pledges or Suits be Distreined so long as the Principle or sufficient Estate of the Principles can be found nor Beasts of the Plough or Draught for Debt if others may be found to satifie it except for Damage feizant 20. That every Man shall have liberty to Replevy his Chattel or Goods Impounded Replevin Distreined or Seized unless it be upon Execution after Judgment or for payment of Rates or Fines Provided he put in Security to Prosecute his Replevin and to satisfie such Damage and Charge as his Adversary shall Recover against him in Law Age Ability Age of Discretion 21. IT is Ordered by this Court and the Authority thereof That none shall have power to pass away Lands Hereditaments or other Estate or be capable of Sueing or being Sued at any Court in their own Person neither shall give Votes Verdicts or Sentence in any Civil Court or Cause until he or they attain unto the age of twenty one years But any Parent or Master shall or may Require and Sue for Satisfaction for any wrong or damage done their Children or Servants And any Orphan may have liberty to chuse their Guardian to act for them at fourteen years to Secure or Defend their Estate or otherwise act for them as may be requisite the Court allowing thereof and the Court may chuse and appoint Guardians for such as are under fourteen years But in any matter Criminal as well younger as elder shall be liable to Answer for the same in their own persons Appeals 22. IT is Ordered by this Court and the Authority thereof That it shall be the liberty of any Person or Persons Cast of Sentenced Liberty to appeal in Cases Civil or Criminal to Appeal if from the Sentance or Determination of a Magistrate or Select Court or other Person Impowred to hear and determine in any Case as before unto a County Court and any may Appeal from a County Court to a Court of Assistants alwayes Provided they tender their Appeal in twenty four hours after Judgment and the Court not Dissolved and put in Security before the Judges of the Court or according to their Order to Prosecute their Appeal to effect and to satisfie all Damage before Execution granted and in Criminal Cases besides such Bond to give Bond with Security for their good Behaviour until the time of the Court
the Authority aforesaid That all Treasons Felonies Piracies Robberies Murthers or Confederacies committed or that hereafter shall be committed upon the Sea or in any Haven Creek or Bay shall be Enquired Tried Heard Determined and Judged within this Colony in such like form as if such Offence had been committed in and upon the Land and to that end and purpose Commissions shall be had under the great Seal of this Colony directed to the Judge or Judges of the Admiralty of this Colony for the time being and to such other substantial Persons as by His Majesties Governour or Commander in chief for the time being shall be named or Appointed which said Commissioners or such a Quorum of them as by such Commission shall be thereunto Authorized shall have full power to do all things in and about the Enquiry Hearing Determining Adjudging and Punishing of any of the Crimes and Offences aforesaid as any Commissioneâ—s to be appointed by Commission under the great Seal of England by vertue of a Statute made in the XXVIII Year of the Reign of King Henry the eighth are Impowred to Do and Execute within the Kingdome of England And that the said Offenders which are or shall be Apprehended in or brought Prisoners to this Colony shall be liable to such Order Process Judgments and Execation by vertue of such Commission to be grounded upon this Act as might be Awarded or Given against them if they were proceeded against within the Realm of England by virtue of any Commission grounded upon the said Statute And all Trials heretofore had against such Criminal or Criminals before any Judge or Judges by vertue of such Commission or Authority at any time heretofore granted and all Proceedings thereupon are hereby Ratified And Indemnification Confirmed and Adjudged lawful and all such Judges with all and every the inferiour Officers that have acted thereby are hereby Indemnified to all Intents and Purposes whatsoever And in case they or any of them shall at any time hereafter be Sued Vexed Molested or Troubled for any such their Proceedings aforesaid he or they so Sued Vexed or Molested shall Plead the General Issue and give the Act in Evidence Any Law Statute Custome or Usage to the contrary in any wise notwithstanding And it is further Enacted by the Authority aforesaid That all and every person or persons that shall any way knowingly Entertain Harbour Conceal Trade or Hold any Correspondence The Abettors of Privateers c. to be punished as accessaries by Letter or otherwise with any person or persons that shall be Deemed or Adjudged to be Privateers Pirates or other Offenders within the construction of this Act and that shall not readily endeavour to the best of his or their power to Apprehend or cause to be apprehended such Offender or Offenders shall be liable to be Prosecuted as Accessaries and Confederates and to suffer such pains and penalties as in such case by Law is provided And for the better and more effectual Execution of this Act What is required of Commission officers in pursuance of this act Be it further Enacted by the Authority aforesaid That all Commission Officers in their several Precincts within this Colony are hereby required and impowred upon his or their Knowledge or notice given that any Privateers Pirates or other Persons suspected to be upon any unlawful design are in any place within their respective Precincts to Raise and Levy such a number of well Armed Men Their power as he or they shall think needful for the seizing apprehending carrying to Goal all and every such person or persons and in case of any resistance or refusal to yield Obedience to His Majesties Authority it shall be lawful to kill or destroy such person or persons and all and every person or persons that shall oppose or resist by Striking or Firing upon any of the commanded parties shall be deemed taken and adjudged as Felons without benefit of the Clergy And every such Officer that shall omit or neglect his duty herein penalty of their neglect shall forfeit fifty pounds currant Money of this Colony for every such Offence to be recovered in any of His Majesties Courts of Record within this Colony by Bill Plaint or Information wherein no Essoign Wager of Law or Protection shall be allowed one moiety thereof to be to our Soveraign Lord the King His Heirs and Successors for and towards the support of the Government of this Colony Penalty of the Souldiers not obeying their Officer sorders in execution of the premises and the contingent charges thereof and the other moiety to the Informer and all and every person or persons that upon Orders given him or them shall refuse to repair immediately with his or their Arms well fixed and Amunition to such place or places as shall be appointed by the said Officer and not readily obey his Commands in the Execution of the premises shall be liable to such Fine or corporal Punishment as by a Regimental Court Marshal shall be thought fit CHAP. V. Childrens Education 1. FOrasmuch as the good Education of Children and Youth is of singular use and benefit to any Common wealth and whereas many Parents and Masters either through an over-respect to their own Occasions and Business or not duely considering the good of their Children and Servants have too much neglected their Duties in their Education whilest they are young and capable of Learning Select mens care that all Children and Servants be brought to Record It is Ordered That the Select men of every Town shall have a vigilant Eye from time to time over their Brethren and Neighbours to see that all Parents and Masters do duely endeavour by themselves or others to teach their Children and Servants as they grow capable so much Learning as through the blessing of God they may attain at least to be able duely to read the Scripture and other profitable Books Printed in the English Tongue and the knowledge of the Capital Laws and in some competent measure the main Grounds and Principles of Christian Religion And Catichised necessary to Salvation by causing them to learn some orthodox Catechisme without book or otherwayes instructing them as they may be able to give a due answer to such plain and ordinary questions as may by them or others be propounded to them concerning the same And further that all Parents and Masters do breed and bring up their Children and Apprentices in some honest lawful Calling and Imployment that may be profitable for themselves and the Country And if after Warning and Admonition given by any of the Select Men unto such Parents or Masters they shall still remain negligent in their duty in any of the particulars aforementioned whereby Children or Servants may be in danger to grow Barbarous Rude and Stubborn and so prove Pests in stead of Blessings to the Country That then a Fine of ten shillings shall be Levyed on the Goods of such Negligent
such Affairs of this Jurisdiction as shall be within their Cognizance Trust and Power To Dissolve or Adjourn untill they shall see cause to Dissolve or Adjourn the said Court unto another time 3. It is also Ordered That besides the said fixed Courts the Governour or in his absence the Deputy Governour and in their absence Power to sum mon a General Court on special occasion the greater part of the Magistrates of this Jurisdiction shall have power to Summon a General Court either the whole Body of Free-Men or their Representatives at any time as the urgent and extraordinary occasions of this Jurisdiction or any part thereof may require And if any of the aforesaid Magistrates or Deputies shall without just cause either be absent at the first sitting of any of the said General Courts whether ordinary or extraordinary Fine for non-appearance or departure without licence or without leave depart or disorderly absent him or themselves from the service thereof before the Court be finished he or they shall each of them pay twenty shillings for a fine to the Jurisdiction for such absence or Departure But if the absence or Departure be mingled with Contempt or wilful neglect the Fine shall be encreased as the Court upon due consideration of the Offence Increased by contempt with the Aggravations shall judge meet 4. Free-mens liberty to send Votes by prory And in regard that through Age Inability of Body or Urgency of occasions many of the Free-men cannot attend the Courts of Election Liberty is hereby granted to such of the Free-men as will not be there in Person to send their Votes by Proxy viz. by Deputies of their Respective Towns provided that such Votes be given to the said Deputies in open Town-meeting and shall by the Town Clerk there be Sealed up severally that is to say Votes for the Governour by themselves Sealed up for the Deputy Governour by themselves and Assistants by themselves c. and that the Deputies also take a List of the Names of such as sent Votes by them Penalty for neglect that they may answer for them when they are called And that whosoever of the Free-men do not appear at Election in Parson or by Proxy And for non-Free-men voting and Free mens putting in more votes than one for one Person he shall be for such neglect Amerced to the Treasury ten shillings and every Free-man to put in his Votes for the six Assistants in one Paper If any man put in a Vote that is not a Free-man or any Free-man put in at one time more than one Vote for a man to any one Office he shall pay ten pound Fine to the Colony 5. Forasmuch as the Free-men of this Corporation and by Records appears having publickly been declared to be the Associates of this Government Free-mens Power and have the Priviledge and Power of chusing Officers and by themselves and Representatives together with the Magistrates of making and repealing Laws and Managing the greatest concerns of this Colony And how to be qualified before admitted It is therefore Enacted by this Court and the Authority thereof that none shall be admitted a Free-man of this Corporation but such as are one and twenty Years of Age at the least and have the Testimony of the Major part of the Free-men of the Town signified under the hand of the Town Clerk that they are of sober and peaceable conversation Orthodox in the Fundamentals of Religion and such as are Free holders or have twenty pounds Ratable Esta tear the least in the Government or such that are generally known approved by the Court all Freemen to be approved of at Election Courts and taken in at said Coarts or being approved by said Coart signed under the hand of the Secretary may be Sworn at any Court Like qualifications for Deputies and other places of trust The like Qualifications are required in all such as are to be chosen to be Deputies or any other place of Trust 6. And forasmuch as some corrupt Members may creep into the best and purest Societies cause of Disfranchising Freemen and by whom If any Freeman of this Corporation shall be discovered to be notoriously vitious or scandalous as common Liars Drunkards Swearers Apostates from the Fundamentals of Religion or the like or doth manifestly appear to be disaffected to this Government upon legal and due Conviction of all or any of these it shall be in the power of the General Court to Disfranchise him if they see cause fron the priviledges of a Freeman 〈◊〉 â—nnual 〈…〉 Depu 〈…〉 7. It is Enacted That each Town-ship in this Jurisdiction shall annually Elect and Chuse timely for the Election Courts one or two fit men out of the Freemen for their Deputies every Town consisting of sixty Families shall or may send two Daputies with full power to attend the Service of the General Court or Courts and the Adjournments thereof for the whòle year on pain of forty shillings Fine and the respective Town Clerk to return the Names of those so chosen to the Court on pain of twenty shillings to the Colonies use If not Elected according I to law then to be sent back with the reasons And if the General Court to whom such Deputy or Deputies are Presented upon taking notice of their Members do Adjudge any of them not to be Elected according to Law then shall the Court return them with the reason thereof unto the Town from whence they were sent that they may make a due Election according to Law no act of Court to pass without consent vote of major part Who to have a casting vote 8. It is Ordered c. That nothing shall be concluded and pass as an Act of the General Court but by the consent and vote of the major part of the Court. And the Governour or in his absence the Deputy Governour shall have a casting vote whensoever there shall be an equi-vote either at the General Court or Court of Assistants In like manner shall the President in any Inferiour Court commissioners the next in nomination to attend 9. That in case either or both of the Commissioners chosen for the Colony shall by Gods Providence be disinabled to attend the Service thereof then the next in Nomination for that choice shall Attend that Service in his or their stead Halberteers at tendance 10 It is Ordered That two Halberteers be in a readiness to attend the Governour and Assistants at the Courts of Election during the whole time of their continuance Secretaries annually chosen 11. That the Secretary be annually chosen by the General Court and Sworn Courts of Assistants or Magistrates Court of Assistance 1. IT is Ordered and Enacted by this Court and the Authority thereof That there shall be a Court called the Court of Assistants or Magistrates wherein all the Magistrates of this Jurisdiction shall Meet and
and if in the Rescue any Bodily Harms be done to any Person or otherwise they shall have Remedy against the Resouers and if either be done by any not of Ability to answer the Damage and Forfeit aforesaid they shall he Whipt by Warrant from any Assistant before whom the Offender is Convicted in the Town where the Offence is committed not exceeding fifteen stripes for the meer Rescue or Pound Breach and for all Damages to the Parties they shall be satisfied by the Offender in Service and if it appear there were any procurement of the Owners of the Cattle or that they were Abettors they shall all pay Forfeitures and Damages as if themselves had done it one fourth port of all fines for the Breach of this Order shall be to him that prosecutes the same to effect Provided that the Complaint be Prosecuted within six Months otherwise they shall not be heard Sabbath Prophaning of the Sabbath 1. THis Court taking Notice of great abuse and many misdemeanours committed by divers Persons many wayes prophaning the Christian Sabbath or Lords Day to the great Dishonour of God Reproach of Religion Grief of the Spirits of Gods People Do therefore Order and Enact That whosoever shall Prophane the Lords Day by unnecessary servile work unnecessary travilling by Land or passing by Water by bearing Burthens carrying of Packs or by Buying or Selling or by Sports or Recreation shall for the first Offence pay ten shillings fine to the Town or be committed to Prison or safe custody till the next Day and then sit in the Stocks two hours and for the second Offence shall pay twenty shillings sine to the County or be Whipt and so from time to time as often as they shall be Convicted of the like Transgression afterwards To be found Sporting or drinking on Saturday or Sabbath day nights after sun set 2. It is Ordered That if any Person henceforth either on the Saturday Evening or on the Lord's Day Evening after the Sun is Set shall be found sporting in the Streets or Fields of any Town in this Jurisdiction drinking or being in any publick House of Entertainment unless Strangers or Sojourners in their Lodgings or uncivily walking and is duly Convict such Persons so Offending shall for every Transgression pay five shillings sine to the Town or sit in the Stocks not exceeding two hours 3. It is Ordered by this Court and the Authority thereof That in no case shall any Person Travail further on a Sabbath Day than from the place where he lay the Night before to the next Town on his way How far in what case to travel on the Sabbath nor shall he have liberty unless it be where there is no allowed Meeting in said Town Bona fide to go to the Meeting that is at the next Town and so order is as to be there before the beginning of the Morning Exercise and if any person shall presume to Travail on the Sabbath from the place he took up his Lodging on the Saturday Night unless as aforesaid or shall pass through the next Town before the Sabbath be ended he shall be proceeded with for Breach of Sabbath as is by Law provided unless it appear it hath been in case of Life and Death or that he hath a Licence from some Magistrate or one of the Select-men of the Town and it shall be lawful for the Constable or any other person to stop and bring before Authority any person suspected for the Breach of this Law and if any person hath obtained a Licence to Travail by a false pretence he shall any time in a twelve Month be liable to be apprehended and punisht for his Breach of Sabbath and ten shillings besides as a fine to the Town Ordered That in Towns Villages or other Places if any Person or Persons shall be found Walking or Riding about the Town or Visiting of the Neighbours or upon any other occasion from their own Families or place of abode on the Sabbath Day unless it appear it was upon account of some Act of Piety Mercy or Necessity such persons so offending shall be proceeded with as Sabbath-Breakers Schooles 1. ORdered by this Court and the Authority thereof That every County Town shall have and maintain a Latine School Latine School its incouragement which if they do and the Master judged by the major part of the Ministers of the County a Person capable to bring up Youth fit for the Colledge then such Town for their encouragement shall have one third part Annually of the Mony Raised on the account of the Cape Fishing and if the County Town refuse or neglect the same then such other Town that hath such a School shall have said Money and if more than one such in the County where the County Town neglects then said Money to be divided between them And where there is no such School in the County then the Money to be for the Colonies use 2. Ordered That in any County Town where such Scool-Master is provided whether by the major part of the Town or upon their neglect by a minor part Maintenance of Schools how to be raised with the approbation of two Magistrates such Town shall pay twelve pounds per annum to be raised as other Town Rates annually for such School-Master and such as have the immediate benefit by sending their Children to pay three pence a Week for Writing and Reading and six pence a Week for a Schollar after he comes to his Grammar and every such School-Master shall be capable to teach to Write and Cypher and shall receive Children after they are fit to begin in their Psalter And any that send their Children from any other Town in the County not to pay for their Schooling Swine WHereas Complaint is made of much Damage done by Swine Rooting up Meadows and Inclosures For the Prevention whereof Swine to be Ringed It is Ordered and Enacted That on notice given to the Owners of such Swine from the party damnified said Owners shall forth with Ring or cause to be sufficiently Ringed all such Swine on penalty of one shilling to be paid for every such Swine that shall be un Kinged after such warning given by the wronged party and as often as the Owners of such Swine shall be warned to Ring them The said Penalty to be to such as receive the damage or prosecute the same Town Affairs Town to make Orders 1. IT is Enacted by this Court and the Authority thereof that every Township in this Government shall have and hereby have liberty and power to meet together and make such Town-Orders as they shall think needful for the prudential affairs of the Town and Orders made by the major part present that may lawfully vote the Meeting being orderly warned shall be binding to the Town and every Town hath liberty and power to lay penalty on any Inhabitant of their Town for non-observance of any one Town Order not
The BOOK of the General LAWS OF the INHABITANTS of the JURISDICTION of New-Plimouth Collected out of the RECORDS of the GENERAL COURT And lately Revised And with some Emendations and Additions Established and Disposed into such Order as they may readily Conduce to General Use and Benefit And by the Order and Authority of the GENERAL COURT of New-Plimouth Held at Plimouth June 2d Anno Dom. 1685 Reprinted and Published Nathaniel Clerk Secrt ' SIGILLVM SOCIETATIS PLIMOVTII NOV-ANGLIA 1620 Be subject to every Ordinance of Man for the Lords sake 1 Pet. 2.13 BOSTON In NEW-ENGLAND Printed by Samuel Green 1685. A PREFACE Declaring the Warrantable Grounds and Proceedings of the first ASSOCIATES of the Government of New Plimouth In their Laying the first Foundation of this Government in their Making of LAWS and Disposing of the LANDS within the same VVHereas John Carver William Bradford Edward Winslow William Brewster Isaac Allerton and divers others the Subjects of our late Soveraign Lord JAMES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. Did in the eighteenth Year of His Reign of England France and Ireland and of Scotland the fifty four which was in the Year of our Lord God 1620. undertake a Voyage into that parts of America called Virginia or New-England thereunto adjoyning there to Erect a Plantation and Colony of English intending the Glory of God the Inlargement of His Majesties Dominions and the special Good of the English Nation And whereas by the good providence of our Gracious God the said John Carver William Bradford Edward Winslow William Brewster Isaac Allerton and their Associates Arrived in New-England aforesaid in the Harbour of Cape Cod or Paomet Scituate and being in New-England aforesaid where all the said Persons entred into a civil Combination being the eleventh of November The Combination of the first Associates 1620. in the Year aforementioned as the Subjects of our said Soveraign Lord the KING to become a Body Politick Binding our selves to observe such Laws and Ordinances and obey such Officers as from time to time should be made and chosen for our well-Ordering and Guidance And thereupon by the favour of the Almighty began the first Colony in New-England there being then no other within the said Continent at a place called by the Natives Apaum alias Patuxet but by the English New-Plimouth All which Lands being void of Inhabitants We the said John Carver William Bradford Edward Winslow William Brewster Isaac Allerton and the rest of our Associates Entring into a League of Peace with Massasoit since called Woosamequin Prince or Sachem of those Parts He the said Massasoit freely gave them all the Lands adjacent to them and their Heirs for ever acknowledging himself content to become the Subject of our Soveraign Lord the KING aforesaid His Heirs and Successors and taking Protection of us the said John Carver William Bradford Edward Winslow William Brewster Isaac Allerton and their Associates the natural Subjects of our Soveraign Lord the King aforesaid But having no special Letters Patents for the said Parts of New-England but only the general leave and liking of His Majesty aforesaid for the free Exercise of the liberty of our Consciences in the publick Worship and Service of God wherever we should settle Being therefore now settled and Desiring and Requesting special License and Commission from His Majesty for the ordering our Affairs under his Gracious Protection had sundry Commissions Made and Confirmed by His said Majesties Council for New-England to John Pierce and his Associates whose Name we only made use of and whose Associates we were in the late happy and memorable Reign of our said Soveraign Lord King James but finding our selves still straitned and a willingness in the Honourable Council aforesaid to inlarge us partly in regard of the many Difficulties we had undergone and partly in regard of the good Service done as well in relieving His Majesties Subjects as otherwayes We procured a further Inlargement under the Name of William Bradford aforesaid and his Associatess whose Names we likewise used and whose Associates as formerly we still are By vertue of which Letters Patents liberty is given unto us derivatory from our Soveraign Lord King Charles bearing Date the thirteenth of January Liberties granted by our Patent 1629. being the first Year of His Reign of England Scotland France and Ireland and Signed by the Right Honourable Robert Earl of Warwick in the behalf of the rest of His Majesties said Council for New-England and Sealed with their common Seal allowed to Frame and Make Orders Ordinances and Constitutions for the Ordering Disposing and Governing of our Persons and Distributing the Lands within the said Limits to be holden of His Majesty His Heirs and Successors as of His Mannor of East-Greenwich in the County of Kent in free and common Soccage and not in Capite nor by Knights Service viz. All that part of New-England in America and Tract and Tracts of Lands that lie within or between a certain Rivolet or Runlet there commonly called Coahasset alias Conahasset towards the North and the River commonly called Narrhaganset River towards the South and the great Western Ocean towards the East and between and within a streight Line directly extending up into the main Land towards the West from the mouth of the said River called Narrhaganset River to the outmost Limits and Bounds of a Countrey or Place in New-England commonly called Pokenacut alias Puckenakick alias Sawaamset Westward and another like streight Line extending it self directly from the mouth of the said River called Coahasset alias Conahasset towards the West so far up into the main Land Westwards as the outmost Limits of the said Place or Countrey commonly called Pokenacut alias Puckenakick alias Sawaamset do extend together with one half of the said River called Narrhaganset and the said Rivolet or Runlet called Coahasset alias Conahasset and all all Lands Rivers Waters Havens Creeks Ports Fishings Fowlings and all Hereditaments Profits Commodities and Emoluments whatsoever Scituate Lying and Being or arising within and between the said Limits or Bounds or any of them Furthermore all that Tract of Land or part of New-England or part of America aforesaid which lieth within or between and extendeth it self from the outmost Limits of Cobbisecontee alias Comaseconte which adjoyneth to the River of Kenebeck alias Kenebekike towards the Western Ocean and a place called the Falls at Nequamkike in America aforesaid and the space of fifteen English Miles on each side the said River commonly called Kenebeck River and all the said River called Kenebeck that lieth within the said Limits and Bounds Eastward Westward Northward or Southward last above-mentioned and all Lands Grounds Soyles Rivers Waters Fishings Hereditaments and Profits whatsoever Scituate Lying and Being Arising Happening or Accruing or which shall Arise Happen or Accrue in or within the said Limits or Bounds or either of them together with free Ingress
they Appeal to And all Appeals shall be Recorded at the charge of the Party Appealing and the Appealant shall briefly in Writing by himself or Lawful Actorney under his or their hand deliver into the Clerk of the Court or Person Appealed from which shall be done without reflecting upon either Court or Party the Grounds and Reasons of his Appeal five compleat working dayes before the first morning of the Court Appealed to to which Court the Clerk of the Court or Person Appealed from shall return said Writing timely to the Court and give Copies thereof to the Defendant he desiring and paying for the same And whosoever shall Appeal to the County Court and not prosecute his Appeal besides his Bond shall forfeit twenty shillings to the County and whosoever shall Appeal to the Court of Assistants and not prosecute the same shall in like manner pay forty shillings to the Countrey Who shall not sit as Judg or Vote in Court appealed to 23. It is Ordered That no person that sat as Judge and Voted in any inferiour Court shall Judge or Vote in any Court Appealed to unless the Judges Appealed from be more than the Judges Appealed to in which Case it may be judged by the whole in all Appeals the case to be judged by the same Evidence and no other than what was used in the Court Appealed from unless it appear either party were hindred from putting in any Evidence in their case that of by Right and Law they should not have been hindred of the said Court to confirm or reverse the Judgment or to increase or to abate the Damage as they may see cause according to Law and the Party that Appeals shall bring in the whole case as left on file and bring a Certificate that he hath so done and if he recover the charge shall be allowed in his cost Apprizements 24. AND for the Apprizement of Lands Goods or Chattels Levied or Taken in Execution or Distress It is Ordered c. That the Party whose Estate is to be Prized shall chuse one Prizer and the person which is to receive the Estate prized shall chuse another Prizer and in case either party neglect to chuse the Marshal or Constable shall chuse one for him and if two chosen agree not the said Officer shall be the third Prizer And where the party concerned refuseth to set forth suitable Estate both as to the Specie due and nearness of the Sum to be Levied or Distrained there the Marshal or Constable shall seize such Estate as may best suit thereunto to be equally and indifferently prized according to the Specie due and not overprized And in case the Debt to be Levied or Distrained be above twenty pounds that then it shall be in the liberty of either party to chuse two Prizers and upon their not-agreement the Officer shall be the first Prizer and in case the Officer is put to make choice of Prizers such Prizers shall be paid by the Officer for their time to be Levied or Distreined with the other Debt or Damage and if any person which shall be so chosen by the Officer shall refuse to be a Prizer he shall be fined five shillings to the County and the Officer shall chuse another in his room CHAP III Bills Bonds Debts by Specialty good to Assigns 1. IT is Enacted by this Court That any Debt due by Bill Bond or other Specialty shall be as good a Debt to the Assigns as it was to the Assigner and as Recoverable by Suit Provided the Assignment be under hand of the Assigner and the Assignment duely proved Book-Debts In what case actions for Debt by Book or Account to be brought within 3 years 2. IT is Ordered by this Court and the Authority thereof That all Debts due by Book or Account that are now due to any Person shall be required received or his Action for the same brought within three years after this present Session or they shall from thence be for ever barred their Action for the same unless it be where either party is beyond Sea under age or non Compos mentis Merchants Tradesmen Dealers books 3. It is Ordered by this Court That every Merchant Factor Shop-keeper Trades-man or Dealer shall keep a Book of their Dealings and Trading fairly written down both Debt and Credit an Account out of which Book compared in open Court and Sworn to by said Merchants Factors Shop-keepers Tradesmen or Dealer or any of them or their or either of their Servants it shall be accounted sufficient for proof of said Debt Provided the same be put in Suit within six years after the Debt is contracted any Law What Testimony sufficient thereunto Custome or Usage to the contrary notwithstanding nevertheless if the Defendant will take his Oath he had not by himself or any other by his Order or Account the Goods charged or that he had paid for the same then shall the Case be judged according to the strongest presumption the parties concerned shall produce Debts to be paid in specie 4. It is Ordered That all Debts be paid in Specie according to Contract What testimony good in a Specialty 5. It is Ordered That one positive Testimony Sworn to a Bond or Bill or other Specialty or to an Account and he not a party the same not denied by the Defendant shall be accounted good proof in Law for the same and in any matter Criminal the confession of the party or the Fact seen or heard by him who is the proper Judg thereof What in some Criminals or one positive Witness and the party not denying or one positive Witness and concurring circumstances shall be sufficient to convict any person in any Crime the penalty whereof exceeds not ten shillings Bridges Defects in Bridges High-wayes to be presented c. 6. IT is Ordered by the Court and the Authority thereof That all defective Bridges and High-wayes the Countrey County Town or particular persons that of right ought to make and maintain the same for neglect or defect therein shall be liable to be Presented to the County Courts who as the case is circumstanced shall lay Countrey County Town or Person that is defective under such penalty as to them shall seem meet that they in such time as shal be Ordered Repair or make such Bridge or Way as is presented and if they neglect or refuse to perform the same within the time set besides such Fine as is laid on them shall pay double Damage to any particular Person that may suffer by reason thereof and if it be the occasion of the Death of any person after the time set them for making or repairing the same the Countrey County Town or Person defective shalâ— be liable to such reasonable satisfaction or fine to the Relations as the Court shall judge meet CHAP IV. CAPITAL LAWS 1. IT is Enacted by this Court and the Authority thereof That if any
Person having had the knowledge of the true God Idolatry openly and manifestly have or worship any other God but the Lord God he shall be put to Death Exod. 22.20 Deut. 13.6 10. 2. If any Person within this Jurisdiction professing the True God Blasphemy shall wittingly and willingly presume to Blaspheme the Holy Name of God the Father Son or Holy Ghost with direct express presumptious high handed Blasphemy either by wilful or obstinate denying of the True God or his Creation or Government of the World or shall curse God the Fâ—ther Son or Holy Ghost such Persons shall be put to Death Levit. 24.15 16. 3. Treason against the Person of our Soveraigne Lord the King the Realm and Common-wealth of England Treason shall be punisht by Death Conspiring against this Jurisdiction and His Majesties authority here established 4. That whosoever shall Conspire and Attempt any Invasion Insurrection or publick Rebellion against this Jurisdiction and His Majesties Authority here established or surprize any Town Plantation Fortification or Amunition therein provided for the safety thereof or shall treacherously and profideously attempt and endeavour the Alteration and Subversion of our Fundamental Frame and Constitution of this Government every such Person shall be put to Death Wilful Murther premeditate 5. If any Person shall commit wilful Murther by Killing any Man Woman or Child upon premidated Malice Hatred or Cruelty not in a way of necessity and just Defence nor by Causualty against his will he shall be put to Death Murther in suddain passion through guile or poy soning 6. If any Person slayeth another suddainly in anger and cruelty of passion he shall be put to Death 7. If any person slay another through Guile either by poysoning or other divelish practice he shall be put to Death 8. If any Christian so called be a Witch Witchcraft that is hath or consulteth with a Familiar Spirit he or they shall be put to Death 9. If any Person lyeth with a Beast Bestiality or Bruit Creature by carnal copulation they shall surely be put to Death and the Beast shall be slain and buried and not eaten 10. If any Man lyeth with Man-kind as he lyeth with a Woman Sodomy both of them hath committed abomination they both shall surely be put to Death unless one party were forced or were under fourteen years of Age and all other Sodomitical filthiness shall be severely punisht according to the nature of it False witness 11. If any Person rise up by false Witness wittingly and of purpose to take away a Mans Life he shall be put to Death 12. If any Man stealeth Mankind he shall be put to Death or otherwise grievously punished Man stealing 13. If any Child or Children above sixteen years old and of competent understanding shall curse or smite their natural Fathers or Mothers he or they shall be put to Death unless it can sufficiently be proved that the Parents have been very negligent in the Education of such Children Cursing or smiting father or mother or so provoked them by extream and cruel Correction that they have been forced thereunto to preserve themselves from Death or Maiming 14. If any Man shall Ravish a Maid or Woman committing carnal copulation with her by force that is above the Age of ten Years or if she were under the Age of ten Years though her will was gained by him he shall be punished with Death or some other grievous punishment 15. Whosoever shall willingly or on purpose burn any House Ship Barque Wilful burning of Houses Ships c. or any other Vessel of considerable value such person shall be put to Death or otherwise grievously punished as the Case and circumstances of of it may require An Act for the Restraining and Punishing Privateers and Pirates in pursuance of His Majesties Special Directions and Command by the General Court Summond for that End July 4th 1684. 15. Whereas nothing can more Contribute to His Sacred Majesties Honour Articles in all Treaties of peace agreed on by His Majesty to be inviolably kept by His Subjects then that such Articles are concluded and agreed on in all Treaties of Peace should by His Majesties Subjects according to their duty be most Inviolably preserved and kept in and over all His Majesties Dominions and Territories And whereas not only against such Treaties of Peace made by His Majesty with His Allies but also contrary to His Majesties Royal Proclamations Several of His Subjects have and do continually go off from this Colony into Forraigne Princes Services and Sail under their Commissions contrary to their Duty and good Allegiance and by fair means cannot be restrained from so doing Be it therefore Enacted by this General Court and Authority thereof and it is hereby Enacted by the Authority of the same that from and after Publication hereof it shall be Felony for any person which now doth or within four years last past heretofore hath Felony to serve in hostile manner any Forreign Prince c. against any in amity with His Majesty without Licence And to suffer pains of death or hereafter shall Inhabit or Belong to this Colony to serve in America in an Hostile manner under any forreign Prince State or Potentate or any imployed under any of them against any other Prince State or Potentate in amity with His Majesty without especial License for so doing under the Hand and Seal of the Governour or Commander in chief of this Colony for the time being And that all and every such Offender or Offenders contrary to the true intent of this Act being thereof duely convicted in any of His Majesties Courts of Judicature within this Colony to which Court Authority is hereby given to hear and determine the same as in other cases of Felony shall suffer pains of Death without benefit of the Clergy Provided nevertheless that this act nor any thing therein contained shall extend to any Person or Persons unless returning within the time limited which now are or have been in the Service or Imployment of any forreign Prince State or Potentate whatsoever that shall return to this Colony and leave and desert such Service and Imployment before the tenth day of December next insuing rendring themselves to the Governour or Commander in chief for the time being and giving him such Security as he shall appoint for their future good behaviour and also that they shall not depart this Colony without the Governours leave And for the better and more speedy Execution of Justice upon such who having committed Treasons Piracies Felonies and other Offences upon the Sea shall be apprehended in or brought Prisoners to this Colony Treasons Spiracies Felonys c. though committed on the Sea if hither brought within teis Colony shall be proceeded against as if committed on the land by Commission to the Judges of the Admiralty others Their power Be it further Enacted by
Parent or Master to the Towns used Or put out where they may except extream poverty call for a Mitigation of the Fine And if in three Months after that there be no due Care taken and continued for the Education of such Children and Apprentices as aforesaid then a Fine of twenty shillings to be Levyed on such Delinquents to the Towns use except as aforesaid And lastly if in three Months after that their be no Reformation of the said Neglect then the Select Men with the Advice of two Magistrates shall put such Children to Apprentice Boyes till they come to twenty one and Girls eighteen years of Age where they may be Educated according to the Rules of this Order Coopers Cask 1. IT is Ordered by this Court and the Authority thereof That all Barrels that shall be made in this Government for Pork Beef and Oyl Gage of 〈◊〉 Beer Ale Sider shall be one and thirty Gallons and a half and that all such Cask be made of sound and well seasoned Timber And Brand And that every Cooper Brand-mark his Cask with a distinguishing Brand-mark on the penalty of the forfeiture of all Cask that are not so made and marked the one half to the informer the other half to the County It is Ordered that from the first day of September next no Tar shall be put into or exposed to Sale or Transportation but in Cask the great Barrels containing no less than fifteen Gallons and the small Barrels no less than ten Gallons All Cask for Tar to be branded by the Cooper before disposed of and all Barrels of Tar small or great that are not Branded and of a full Gage to be forfeited half to the Informer and half to the County Clerks Clerks Recorders to issue forth warrants for the Towns to their Jurors to serve on the Grand Inquest and for tryals 2. IT is Enacted by this Court and the Authority thereof That the Clerk of the Courts of Assistants and Clerks of the County Courts shall in convenient time before the fitting of each Court send Warrants signed as Clerk or Recorder of such Court to the Constables of the Respective Towns for Jurors to serve upon the Grand Inquest and for Tryals The Recorder of the Court of Assistants to Plimouth and the Neighbour Towns and the Clerk of the County Courts to the several Towns of the County who shall upon the receipt of such Warrant give timely notice to the Town to Meet together to chuse so many Able Discreet Men as the Warrant shall require which Men so chosen shall by the Constable be warned to attend the Respective Courts they are chosen to serve at and shall make timely return of the Names of the Jurors so chosen to the respective Court Indorsed on the said Warrant The Grand Jury shall serve for a Year and the Jury of Tryals only at the Court Summoned to serve at Constables The Towns to chuse their Constables and Town-clerk to return their Names to Court 1. IT is Enacted That every Town in this Colony under the Penalty of five Pounds to the use of the County in which such Town lyes shall Annually chuse one or two meet Men to serve in the office of Constable and such Persons so chose shall be returned by the Town Clerk to the first County Court which shall be held in each County next after the Court of Election Annually who being warned by the former Constable shall there appear to be sworn which if he shall neglect to do and do not within one week after such Court present himself to a Magistrate to be sworn he shall pay a Fine of five pounds to the Town to be Levied by a Warrant from a Magistrate on such Delinquents Estate penalty of Constables non-appearance to take Oath and delivered to one of the Select men for the Towns use and such Town shall forthwith chuse another and if he refuse or neglect to present himself to a Magistrate within a week after such choice to be sworn shall be fined in like manner and so as oft as any shall refuse 2. And because a Constables place as it is a place of trust is also Burthensome None to be compelled to serve again in seven years It is therefore Ordered That if any man have born the office of Constable he shall not be compelled to Serve in the same Office in this Colony in seven years after 3. That if any Constable within this Colony have occasion to go out of the Township wherein he is Constable for some time he shall depute some meet person in his room or in case he be any way disabled to perform his Office Liberty to make his Deputy or otherwise desire to make a Deputy he shall have liberty so to do by agreement with him and impowring him under his hand which Deputy shall execute the Constables Office as the Constable might do Provided alwayes that a Constables Deputy if required by Authority in matters Criminal or Summoned by the party in matters civil shall give his Oath to any Return he makes to any Warrant Distress Summons or Attachment the Constable to respond his Deputies defaults or non-performance of the Constables Office Constables to collectall rates levy Fines serve Attachments Sumons Executions warn Town-meetings pursue hue cries 4. That the gathering of Countrey Rates County Rates Town Rates Ministers Ratex and also the Levying of Fines in the respective Towns the serving of Attachments Summons and Executions directed to him from any lawful Authority now established and the Warning of Town meetings shall belong to the Office of a Constable and also to pursue Hue and Cries directed to them from any Authority here and from any of our neighbour Colonies It is Ordered by the Court and the Authority thereof That the Constable shall Whip or Punish any to be punished by Order of Authority or procure another to do it Provided an Indian or Negro shall not Whip an Englishman where there is no other Officer appointed to do it or in default pay ten shillings out of which shall another be Hired to do that Service Have a black Staff 5. It is Ordered c. That every Constable shall have a black Staffe provided at the charge of the Town Tipped with Brass as a Badge of his Office which as he hath opportunity shall take with him when he goeth to discharge any part of his Office yet notwithstanding the want of his Staff shall not binder him from Executing his Office in any kind if occasionally he be without it nor exempt any from assisting him therein that may know him to be the Constable but where he hath a Warrant in Writing he shall not need to have his Constables Staff in executing the same 6. It is further Ordered That any and every person tendred to any Constable of this Jurisdiction by any Constable or other Officer of our own Convey Offenders from
it also Enacted That if any Notary or Keeper of publick Records or Writings of concernment committed to his Keeping and Trust shall wilfully imbezle or make away any such Records or Writings Falsifying of Records or shall on purpose Falsifie or Deface them by Rasing out adding to them or otherwise such corrupt Officer shall lose his Office be Disfranchised and be Burned in the Face or fined according to the circumstances of the Fact Or corrupting of any Office to such evil inteat And if any person shall endeavour to corrupt any Officer that keepeth such publick Records or Papers of Concernment to procure him to Deface Corrupt Alter or Imbezle any of them he shall be severely punished by Fine Imprisonment or corporal Punishment as the matter may be circumstanced 11. It is Enacted by this Court c. That what person soever being sixteen years of age shall wittingly or willingly make or publish any Lye Pernitious lying which may be tending to the damage or hurt of any particular person or with intent to deceive and abuse the People with false News or Reports shall be fined for every such default five shillings and if the party cannot or will not pay the Fine then he shall sit in the Stocks not exceeding two hours But in case the Lye is greatly pernitious to the Publick Weal it shall be more severely punished according to the nature of it Wilful burning of fences 12. It is Enacted by this Court c. That if any person shall wilfully and of set purpose Burn any Man's Fence he shall make good the Damage to the party wronged be Amerced forty shillings and be bound to the good Behaviour if the Court see Reason Wilful breaking down of Fence gate or Bridge 13. And it is further Ordered That any person that shall wilfully and on purpose break down another Man's Fence Gate or Bridge or leave open any Gate or Barrs to the annoyance or prejudice either of a particular person or a Neighbour-hood he shall make up such Fence Gate or Bridge at his own charge and pay the Damage thereby sustained and be Amerced according to the nature of the Offence Or leaving open gates or bars And for leaving open any Gate or Barrs to pay ten shillings half to the party complaining and proving and half to the County saving the Right of him that openly pulls up a Fence set on his own Land without his Approbation Any one Assistant to Hear and Determine any such Matter Removing defacing Land Marks 14. And whosoever shall wilfully pluck up remove or deface any antient Land-mark or Bounds formerly agreed on between Towns or particular persons or that of right belonging to any Town or particular person he or they shall be fined from twenty shillings to five pounds as the Offence may be circumstanced And any person that shall at any time pull down or deface any Bound-mark under any pretence and not do it publickly or before Witness he shall be liable to the penalty as above expressed Playing at Cards or any unlawful Games 15. It is Enacted by this Court c. That no person in this Government shall play at Cards Dice or any such unlawful Game wherein there is any Lottery at any private house or elsewhere in this Government on penalty of ten shillings fine to be paid by every one that so playes and twenty shillings by the Master or Head of a Family that shall know of and suffer such Gaming in his House or where he hath command Disguise in apparrel Lascivious ends 16. It is Enacted by this Court c. That no Person shall Disguise themselves by strange Aparrel or Aparrel not proper for their Sect to Lascivious and evil Ends and purposes on penalty of being Fined fifty shillings to the County for every such Default or being publickly whipt or bound to their good behaviour as the Court shall see cause 17. Forasmuch as the Sin of Drunkenness doth greatly abound to the dishonour of God impoverishing such as fall into it and to the grief of such as are sober minded for prevention and if it may be for suppression of that growing and prevailing Evil. Penalty of Drunkenness It is Enacted by this Court and the Authority thereof That whatsoever Person shall be found Drunk at any time in any Tavern Ordinary Ale-house or elsewhere in this Government Penalty of Drunkenness The first Second Third Offence or be Legally Convict thereof he or they for the first Offence shall be fined five shillings or sit in the stocks an hour for the second default to pay ten shilling or sit in the Stocks two hours or be whipt for a third Transgression to pay twenty shillings fine or be publickly whipt for a fourth Offence in this kind to pay twenty shillings fine or be whipt Drunkenness Defined and to be bound to their good behaviour standing committed till thy have found Security for the same By Drunkenness is to be understood one that Lisps or falters in his speech by reason of overmuch Drink or that staggers in his going or that vomits by reason of exceffive drinking or that cannot by reason thereof follow his Calling Penalty of common drunkadrs 18. Ordered That the names of such as are found to be common Drunkards in this Government shall be set up in some publick place in the Town and they shall be accounted such when they have been Convicted four times for the same and after they have been so publickly declared whosoever Ordinary keeper or other shall sell give or lend Directly or Indirectly any strong Liquors of such as furnish them with Drink Wine Ale Sider or strong Beer unto any such person or persons shall forfeit ten shillings half to the County and the other half to the informer 19. Whereas many have sustained great Damage by indiscreet and untimely fireing of the Woods Indiscreet Firing the woods It is Ordered c. That none shall fire the Woods at any time but they shall give warning thereof to their Neighbours about them and the time of firing them to be between the fifteenth of February and the last of April And if any shall unnecessarily fire the Woods or not observing this Order damnifying any he shall make good the damage and be fined ten shillings or be set in the Stocks But if any Town think it not their Interest to fire the Woods they may prohibit the same under the penalty of forty shillings Penalty of working or playing on publick dayes of Humiliation or Thanksgiving or running Races with Horses in Streets 20. It is Enacted that none shall presume to Labour work sport or play or attend the same on dayes appointed by the Court for publick Humiliation or Thanksgiving and that each person so offending shall pay five shillings fine to the County 21. It is Enacted That whatsoever Person shall run a Race with any Horse-kind in the street
or common Road shall forfeit five shillings or sit in the Stocks an hour 22. Whereas divers unruly Persons Servants and others in several places of this Colony meet together to walk about in the Night to Drink Revel or Pilfer the same tending to the corrupting and debauching of the Youth and many offend and prejudice the peaceable Inhabitants of the several Towns for prevention whereof of night-walkers It is Ordered by this Court and the Authority thereof that all Persons walking in the Fields or Streets after nine or ten a clock at Night unless known peaceable and orderly Inhabitants shall be liable to be examined by the Select men Constable or Watch of the Town or if complained on by any other Person of the Town and if they cannot give a satisfactory reason for their so doing he or they shall be had before some Magistrate or other Person Authorized who upon the hearing of the Case it appear they have been Rude or unseasonably Drinking Revelling Gaming Sporting or any wayes disturbing or if it be Servants or Children and it be without their Parents or Masters leave they shall for the first Offence be Admonished or pay five shillings to the County or sit in the Stocks an hour and if Transgress a second time to pay ten shiliings or be whipt with ten Lashes and so from time to time as often as they Transgress 23. Ordered c. If any person Summoned to Answer any Presentment or for any Fault or Misdemeanour de not appear at the time appointed of non-appear ance on Summons to answ any presentment c. he or they shall be proceeded against for Contempt except it appear that they have been prevented by the hand of God 24. It is further Ordered That in case of any Misdemeanour that by Law there is not particular provision made for or that the penalty is not limited or expressed the person being convict thereof shall be liable to be punished by the Magistrate or other person Authorized before whom the Complaint is made by Fine according to his discretion Of misdemenors where no particular Law or Penalty limited not for one offence exceeding ten shillings or sitting in the Stocks not exceeding two hours And if such offence by him or them that have the cognizance thereof shall be thought to deserve a greater Fine or Punishment then the party complained of shall be bound over to Answer the same at the next County Court and be bound with Surety or Sureties for his or their appearance to Answer the same and for their good Behaviour in the mean time and shall be liable being convict to such reasonable Fine or Punishment as the County Court shall see meet according to Crime and Circumstances thereof not exceeding the Fine of five pounds for one offence or punishment by Whipping CHAP VIII Deaths Untimely Death untimly to have a Coroners quest before burial IT is Ordered by the Court and the Authority thereof That whensoever any Person shall come to an untimely or unnatural Death where no Magistrate is near the Constable of the Town shall forthwith Summons a Jury of twelve discreet men to enquire of the cause and manner of his Death who shall present a true Verdict thereof to some of the Assistants or to the County Court upon Oath and all persons are required to give notice of such untimely Death unto a Magistrate if any near or otherwise to the Constable neither shall any such person be buried before a Jury of Coroners Inquest have enquired into the cause of the said Death And if any shall presume to bury any such person before Information given and enquiry made as before they shall pay five pounds fine to the County and be rendred as suspitious of being principals or accessaries in the Death of such person Also Ordered That the return of said Jury shall be Recorded amongst the Records of the County Court and the charge to be paid out of the Estate of the person if any be Dower THat there may be competent Provision made for the certain Maintenance of Wives after the Discease of their Husbands who died Intestate wives to enjoy a third part of their deceased husbands lands It is Ordered and Enacted by this Court and the Authority thereof That every Married Woman who hath not demerited the contrary by her wilful Absence or Departure from her Husband or other notorious Fact without reconciliation to him in his life time or hath not by former Contract with her consent been Estated into some House Lands or Tenements for term of her life shall immediately after the death of her Husband according to the common Law of England for the sustenance of her self the nurture and education of her Children have Right and Interest by way of Dower in and to one third part of all such Houses and Lands as her Husband was at any time seized of during the coverture other then what Lands shee freely resigned up her Interest in to be setout to them by mets and bounds but shall not make strip or wast c. and acknowledged the same before a Magistrate To Have and to Hold unto the said Wife in severalty by Meets and Bounds for and during only the term of her life whether she had issue by her Husband or no said third part to be set out to her by persons appointed thereunto by the County Court if the persons concerned agree not Provided alwayes such Widow endowed as abovesaid shall not commit or suffer any strip or wast Debts paid one third part her personal estate but shall maintain all such Houses Fences and Inclosures as shall be assigned to her for her Dower and shall leave the same in good and sufficient Reparation in all respects the other two thirds to be disposed among the Children as per Law is provided It is also Ordered c. That all just Debts being first paid the Widow shall have one third part of her late Husbands personal Estate to be at her own absolute dispose and the other two thirds to be disposed amongst the Children as the Law is provided And where there are no Children left of the Deceased Intestate Husband there the Widow shall have the one half of the personal Estate unless the Court see just reason and cause to order it otherwise Duers no conveyance good obtained by illegal violenc IT is Enacted by this Court That no Conveyance Deeds or Promise shall be valid which hath been gotten by illegal Violence Imprisonment Threats or forceable Compulsions CHAP. IX Faires Two Fairs Annuality at Bristol IT is Ordered that there may be two Faires Annually kept at Bristol one on the third Wednesday and Thursday in May and the other the third Wednesday and Thursday in November Fences 1. ORdered That all Fences be four foot high or be otherwayes sufficient in the Judgment of the Fence viewers or for defect such Person to bear his own Damage unless the
Damage be done by Hogs unyoaked Fences how sufficient or bear the dammage In common Fields How when to be repaired On penalty and if the Fence in common Fields be not by said viewer judged sufficient the Party that of right ought to maintain the same having notice from said viewers shall make such Fence sufficient in such time as said viewers shall Order which time being expired and said Fence be not repaired according to Order such persons neglecting shall pay ten shillings fine to the viewers who shall forthwith imploy some meet person or persons to make or repair such Fence and if the person to whom such Fence belongs shall neglect or refuse to pay for the doing thereof or for non-payment of his fine for not timely doing it himself the same being signified by the viewers to a Magistrate under their hands there shall be a Warrant directed to the Constable to destrain for the same according to Law 2. Ordered That there be two viewers of Fences or more to be chosen in every Town Annually who are to be upon Oath Fence viewers to be chose sworn 3. For the settling and maintaining of Right amongst Neighbours about Fences Ordered by this Court and the Authority thereof That all such Persons as do or shall make improvement of their Lands by Tilling Improvers of Lands to make and maintain half the fence Mowing or Grazing which do or may ly and be adjacent to the Lands of any other who make improvement of their Lands as aforesaid The one Propriator or improver shall make and maintain one half of the Fence and the other the other half of the Fence in the Line or Range between the said Lands And where one Person shall improve his Land before his Neighbours and make the Fence himself How where the first improver Fence the whole How where one ceaseth to improve if afterwards his said Neighbour shall improve his said Land also he shall pay his Neighbour for half the Fence against his Land according to the present value of it and shall maintain the same and if any such shall cease to improve his Land as aforesaid then any Person that hath joyned Fence shall have liberty to purchase his part of the Fence that ceaseth to improve paying him according to present value by Appizement of indifferent Persons And when any Persons shall make improvement of their Lands lying together as aforesaid What remedy when one of the improvers refuseth to sence his part and one of them shall refuse or neglect to make or maintain one half of the Fence between them as aforesaid that then his Neighbour may make all the Fence in the Line or Range between their Lands and cause the same to be viewed by Persons chosen by both Parties or if one Party shall refuse then to be chosen by him that shall make the Fence or maintain it the other Party refusing or neglecting to make maintain half the said Fence shal pay to such as make it or maintain it the full value of one half of the Cost and Charges in making and maintaining the same from time to time In what Case no remedy to be recovered by due course of Law in any Court proper for the same This Law not to be binding to such as have their Land ly together in a common Field but in such Cases if any Person do Fence in his Land intirely he shall do it of his own charge Fines ORdered That when any Delinquent is fined by any Court Magistrate or other Person Authorized Fines be forth with paid or secured he shall forthwith pay his Fine of give sufficient Security for the payment of the same or their persons secured unt l they do what to be paid in money And that all Fines not exceeding ten shillings shall be paid in Money as also all Fines arising for selling any Liquors Wines Syder c. to the Indians or any contrary to Law 2. It is Ordered by this Court and the Authority thereof That all Fines Issues Amercements Forfeitures Escheats and Royalties belonging to the Countrey All Fines Issues c. belonging to the Country be returned to Court of Assistance before whom they fall to be Entred for the Treasurer notice thereof be sent in by them before whom they may fall to the Court of Assistants which together with such other as shall arise before themselves they shall cause to be truly Entred by the Clerk or Recorder of said Court that the Countrey Treasurer may take notice thereof and be charged therewith And that all Fines or Amercements which may happen to be made or had before any Court Magistrate or other person or persons Authorized thereunto shall by such Court Magistrate or other person be truely given in and caused to be Entred by the Clerk of such County Court unto which they belong that the Treasurer of such County may take notice thereof to gather rèceive and dispose thereof according to the Order of their respective County Courts And that all Fines and Amercemenes aforesaid shall belong to the County wherein they shall fall and arise except where the Law hath otherwise provided Belong to the County where they fall except where the the Law other wise provides And it is further Ordered That all such Fines as fall before a Magistrate Select man or other Persons Authorized not exceeding ten shillings for one Fact shall be for the Poor of the Town or other Towns use where the person is Convict to be disposed by the Select Men where the Law hath not otherwise provided Fishing WHereas by Providence Whales and other great Fish are found a Drift upon the Stream and sometimes cast ashoar in this Jurisdiction 1. It is Ordered That all such Whales as are cast up within the Bounds of any particular Township Whales to whom they belong how or floating upon the Stream within a Mile of the Shoar against the said Bounds of any Township shall be accounted the respective Towns falling within or against their Bounds as aforesaid Allowing one full Barrel of Merchantable Oyl to the Countrey for every such Whale as they are ordinarily cast up and but half a Barrel if it be much wasted or torn away to be delivered to the Treasurers Order at Boston And whosoever shall find any Whale ashoar on the Cape or elsewhere that is out of any Town Bounds and is on the Countreys Bounds or Limits shall allow the Countrey two Hogsheads of Oyl Taking Mackril at unseason able times 2. Whereas there hath been great Inconvenience as is conceived by taking of Mackerel at unseasonable times whereby their Increase is greatly diminished This Court doth therefore Order That henceforth no Mackerel shall be caught except for Spending whilest fresh The time before the first of July annually The penalty on penalty of loss of the same or the value thereof the one half to the Informer and
can make it appear to the Court that he was necessarily hindered Indians 1. IT is Ordered by this Court and Authority thereof that no Indian which shall dwell or come into our Jurisdiction Indians not to Pawwaw or perform any evil worship shall presume at any time to Pawwaw or perform outward Worship to the Devil or other false God under the penalty of five pounds or severe Corporal punishment both of said Powwaw and of such other as shall procure or abett him therein 2. And that no Indian shall resort to any English house on the Lords day especially when any of the People thereof are gone to Meeting Not to resort to English houses â—n Lords dayes Nor to prophane the Sabbath unless upon extraordinary occasion under the penalty of ten shillings or Corporal punishmerit by Whipping as the matter may be circumstanced and that no Indian under the like penalty prophane the Lords day by Hunting Fishing Fowling Travelling with Burthens or doing any servile work thereon 3. And forasmuch at sundry Burglaries Thefts and other Mischiefs and Injuries have been by sundry Indians in the night for prevention whereof Nor to be night walkers It is Ordered by this Court c. That no Indian or Indians shall walk about in the Night without necessary occasion especially at unseasonable Times thereof under the pain of being Convicted thereby at least as one Evidence of his or their being guilty of any such mischief or injuries as may happen to be done or committed in such Night unless such Indian or Indians can rationally clear themselves thereof 4. Whereas complaint is made of Indians stealing of live Hoggs from the English and selling them and by cutting off their Ears have concealed the Swine It is therefore Ordered by this Court That henceforth no Indians shall give any Ear marks to their Hoggs or Swine Nor give any Ear-marks to their Swine Nor sell any with their ears cut off dead or alive on penalty of the forfeiture of all such Swine one half to the County and the other half to him that shall make seizure of them neither shall any Indian bring any Swine to Sell alive or dead with their Ears cut off or Ears Marked on the same penalty as aforesaid except he bring good Testimony that he honestly obtained such Swine so marked of some English or by some accident they were hunted with Doggs or otherwise that they are really their own Swine And it is further Ordered That no English shall claim any Swine in custody of the Indians but by their Ear-mark Government of the Indians 5. For the better Government of the Indians and to help them foreward in Civility and Christianity It is further Ordered That some one of the Magistrates be appointed from time to time to have the General oversight and inspection of the whole affairs of their Government Taking care of the preaching the Gospel to them as by Law is or shall be Ordered concerning them more particularly to take care of the Preaching of the Gospel amongst them and of the Admission and approving of such of the Indians to preach unto them in the several Places or Plantations where they Reside as he shall Judge most blameless able and fit for that service to the best satisfaction of the Indians especially of the most sober and discreet amongst them And of the admission of Indians Preachers and to take care to obtain relieve and distribute amongst them in such manner as he shall see meet such Contributions or Part of the Indians Stock sent from England or Profits thereof as shall be allowed to them for the same end And with the concurrance of the principal Indians to mak orders constitute Courts Civil Rulers other Officers to punish misdemeanors c by the Gentlemen be trusted with the management of that Affair by the honourable Corporation for the propagation of the Gospel in New-England And it is further Impowred with the concurrance of the Chief or Principal Indians where it may be had in several Places and Plantations to make such Orders as may conduce to their more orderly living and to constitute such Courts amongst them or appoint such Civil Rulers and other Officers as to him shall seem meet for the execution of such Orders and punishing all Misdemeanors by Fine or otherwise which are or shall be committed by them Capital Crimes only excepted Provided alwayes that the Indian grieved at any Sentance passed by them in the absence of such Magistrate provided the grieved person shall have liberty of Appeal in any Civil or Criminal Case shall have liberty to Appeal to the said Magistrate for his Determination thereof and the Execution of said Sentance by the Indians to be mean while suspended and in case such Indian be not satisfied with such determination he shall have liberty to Appeal to the County Court and Court of Assistants as is in such case provided for the English And it is further Ordered that in the absence of such Magistrate any other Magistrate And in such Place or Town where there is no Magistrate there the Select-men or such other as man be appointed thereunto in the Places and Towns where the Indians dwell shall have the Inspection of Indians and cause them to observe the Orders aforesaid or such other Orders as by them with the consent of the chief Indians as aforesaid shall be made or by the Courts Order and Direction and to punish the Offenders they having their liberty of Appeal as aforesaid And it is Ordered That our Capital Laws and the Laws made against Drunkenness Burglary and Stealing shall be executed on the Indians as on the English Fines on Indians how to be improved And it is further Ordered That all fines as arise by reason of any misdemeanor or transgression of the Indians shall be improved by such Magistrates or other Inspector where it shall fall to defray the charges of the Governing or Inspecting of them No Arms to be sold to the Indians without Licence 6. It is Ordered by this Court That whosoever shall sell or give directly or indirectly any Arms as Guns Swords Pistols c. unto any Indians without Licence first obtained from the General Court shall forfeit five times the value thereof and whosoever shall lend any Gun to an Indian or sell any Powder Shot or Lead to them Nor lent nor amunition sold shall forfeit twice the value thereof if such person have not first obtained Licence of some one of the Magistrates who are hereby impowered to give Licence to any English to lend a Gun for a Month or two in a Year and to sell some small quantity of Powder and Shot not exceeding half a pound of Powder and proportionable Shot at one time to such of our friendly Indians as he shall give a Certificate under his hand Nor in case have or carry Arms without Licence 7. It is also Ordered
That whatsoever Indians who have or shall have Guns or other Arms that have or shall manifestly appear to be unfaithful and treacherous to us shall forfeit their Arms and not suffered to have or carry any Arms until they shall have Licence from the County Court none to sell hire or give to any Indian any Boats c. 8. It is also Ordered That whosoever shall any wayes sell hire or give to any Indian or Indians any kind of Boat Barque or other Vessel of burthen or Sail or Tackling to fit up any such like Vessel shall forfeit twice the value of it 9. It is also Ordered by this Court and the Authority thereof That no Person whither Inhabitant of this Government or other shall Purchase Anno. 1643 Hire or receive of Gift of any Indian or Indians any Lands that lie within the Line of this Colony without the Order and Allowance of this Court None to purchase land of Indian or Indians without liberty on pain of forfeiting for every Acre so Bought Hired or any wayes obtained of them five pounds to the Colonies use and if the Fine or Forfeiture cannot be obtained the Lands so procured shall be forthwith seized for the Colonies use 1643 1671. nor Wood or Timber Neither shall any person Buy Hire or Receive any Wood Timber of the Indians without the Courts allowance on pain of forfeiting five times the value thereof to the Colonies use none to sellany Mare to the Indians nor they to keep any 10. It is also Ordered That no person within this Government shall give or sell any Mare to any Indian on pain of the forfeiture of every such Mare or the value thereof and that no Indian keep any Mare on like pain of the forfeiture of every such Offence In trials between English Indians what testimony to be accepted 11. And that equal Justice may be done in such Controversies as may arise between the English and the Indians the Indians not hither having been admitted to give Testimony upon their Oath would be greatly disadvantaged and may be much wronged if no Testimony should in such case be accepted but on Oath This Court therefore Orders That any Court Magistrate or other person before whom the Trial of any such Case may come shall duely consider all the circumstances with the Pleas and Testimony though not on Oath presented before them and give Judgment as to them appears to be most just and right according to their best Understanding and Conscience 12. Whereas it hath been found by Experience that trusting the Indians before hand any considerable value Indians not to be trusted but under limitation hath not been advantagious but prejudicial both to the English and Indians the Indians being very apt to run into many Peoples Debts where they can be trusted and there pawning or selling the things they are trusted for at a most inconsiderable price for money to get Liquor whereby themselves families are without any benefit thereby and the English frustrate of their pay for the same It is therefore Ordered That no English person shall trust any Indian before hand for any thing or things at any one time which exceeds the value of twenty four shillings or at any time after for any such or lesser Sum until said Indian hath first paid for that he first had on trust on penalty of such English being debarred the Recovery by any other Action or Plaint of any such Debt more than said twenty four shillings And in case any Indian have not wherewith to satisfie such just Debts how their juse debts shall be satisfied their Lands not to be seized for debt he shall be made to Serve it out per rate of twelve pence per Day in the Summer and six pence per day in the Winter and their Diet and in case they run away before satisfaction given then to be Whipt and made to Serve it out and pay the Damage and in no case shall any Indians Land be seized for payment of any of his Debts due to any particular Man None to buy Guns c. of Indians on pain 13. And it is further Ordered That no person snall presume to Buy any Guns Tools Cloaths or any other Goods of any Indian on pain of their return of said Guns Tools Cloathes or other Goods to the Owner thereof free of charge from whom they were borrowed stolen or purloined by any Indian or Indians 14. It is also Ordered That any of the Magistrates or Select-men with the consent of a Magistrate may put out any young Indians that run Ideling about Who may put out young Indians to service none take them but by a Magistiates order and are not subject to any Government of their Parents or others unto some good English Masters to serve till they are twenty or twenty one years of age where they may be well Educated And that none of the English shall detain any of the Indian Children to be their Apprentice or Servant under any pretence of Agreement or Indenture whereunto some one of the Magistrates hath not first assenred and given his Approbation 15. It is also Ordered That if any Indian who is a Servant to the English shall run away amongst any Indians such Indians to whom such Servants shall come shall not Entertain such Servants on penalty of ten shillings but forthwith either carry such Servants himself or charge the Indian Const able forthwith to carry such Run awayes unto his Master Indian runaway Servants how dealt with of before some one of the Magistrates Select men or other Inspectors of the Indians who may cause him or her to be whipt and sent home to his or her Master who shall order what said-Master shall pay to the Constable or other Indian who shall bring his said Servant and also in what manner said Servant shall allow his Master for the charge and damage he hath put him unto by such Running away None to furnish Indians with strong-liquors c. 16. Whereas notwithstanding many Orders have been made for the prevention of Drunkenness amongst the Indians yet it doth still abound through their unsatiable desire to drink unto Drunkenness if they can obtain it and through the covetous evil Principle of some English in helping them unto it not regarding the guilt they thereby contract to themselves of the Murders Out rages and other mischiefs which have been the frequient horrid effect thereof to the great dishonour of God For the prevention whereof It is therefore Ordered by this Court and the Authority thereof That whatsoever Person or Persons doth at any time directly or indirectly give sell truck or any wayes procure to or for any Indian or Indians or any wayes furnish any of them with any Wine Sider strong drink or Liquors of whatsoever made or by whatsoever name the said strong drink or Liquors be called shall forfeit five pounds provided this Order
shall not extend to restrain any charitable act in relieving any Indian bona fide in any suddain Exigent of sickness faintness and not to exceed one Dram or two or by the prescription and direction of some Physitian under the hand of a Magistrate first obtained what testimony sufficient for conviction thereof And it is further Ordered That the Accusation Information or Testimony of any Indian or if there be any other probable circumstance attending it shall be accounted sufficient Conviction of any such Person or Persons suspected to give sell trade procure or furnish any such Indians with any Wine Sider strong drink or Liquors as abovesaid unless such Person or Persons shall on their Oath clear themselves thereof in which case they have that liberty granted to them unless where the circumstances do amount to a sufficient evidence against them And in case any such Offender be not able to pay their fine as abovesaid every such Offender shall be publickly whipt And for the better Execution of this Order It is Declared that such as find out and prosecute such Offenders shall have one third of the Fine and the County wherein it ariseth the other two thirds And further That it may and shall be lawful for any man to seize on any such Wine Syder Strong Drink or Liquors which he finds in the custody of any Indian or Indians and shall have if for his pains Lawful to seiz any Liquors c. found in an Indians custody if Indians falsly accufe any to be whipt provided he bsing said Indian or Indians before some one of the Magistrates or Select men of the Town to be further examined about it and if they will not truly discover where they had such Liquors or other Drink they shall be winpt And if it shall manifestly appear to the Magistrate or Court that such Indian hath wittingly falsly accused any English-man of helping him to or furnishing him with any such strong Liquors or Drink such Indians shall be whipt Jurors Grand Jury chosen impanelled 1. ORdered by this Court and the Authority thereof That the Jurors of Grand Inquest being chosen according to Warrants directed to several Towns being Returned Impannelled and Sworn to serve His Majesty thereon shall inquire into and present the Breach of such wholsome Lawes Ordinances as are of shall be here established Their Duty all such Misdemeanors as manifestly tend to the hurt and detriment of Religion Civility Peace Society or neighbour hood that they shal know or be informed of upon the restimony of any one or more witnesses upon Oath to be commited by any person or persons within this Jurisdiction and to do any other Service which on His Majesties behall be required of them at such Courts and times as by Warrants they shall be required provided no person whatsoever shall be bound to inform present or reveal any private Crime or Offence wherein there is no peril or danger to this Colony or any Member thereof when any necessary tye of Conscience binds him to secrecy unless it be in testimonies lawfully required of them Petty Jurors impannelled and sworn to find according to their Evidence 2. Ordered That petty Juries returned to any Court as before shall be Impannelled and Sworn truly to try between Party and Party and shall find the matter of Fact with the Dammage and Cost according to their Evidence or truly to try between our Soveraign Lord the King and any Prisoners brought to the Bar and the Judges shall declare the Sentence or direct the Jury to find according to Law And in all Cases where the Law is Obscure so as the Jury cannot be fatisfied therein they have liberty to present a special Verdict viz. If the Law be so in such a point we find for the Plantiff Liberty to give a special Verdict but if the Law be otherwife we find for the Defendant In which Case the Determination doth properly belong to the Court And all Juries shall have liberty in matter of Fact if they cannot find the main Issue yet to find and presentin their Verdict so much as they can Jurors to be fined for neglecting to attend the court and at the first sitting thereof 3. Ordered That any Jury-man being orderly chosen and returned to serve at any Court and shall neglect to attend at such Court as he is warned to at the first sitting thereof or that after they are Impannelled and Sworn shall not duly attend any of said Courts and such Service as belong to them they shall be fined as the Court that hath the Cognizance thereof shall see cause not exceeding twenty shillings for one Offence but if Circumstanced with contempt to be punisht according to the nature of such contempt as the Judges shall see meet The penalty of a grand Jury-Man Ordered That whosoever shall refuse to serve in the Office of a Grand Jury-man shall pay forty shillings fine to the Town and the Town to choose another in his room Ordered That every Grand Jury man be paid by their Respective Towns two shillings six pence for every day they have necessarily attenced such service Court appoint persons to attend such Service If there be want of Jury men to make up the number the Court to appoint and require Persons to attend such service on penalty not exceeding twenty shillings unless in case of contempt See more of Jurors Title Clerks CHAP XII Lands Inheritances land to be held according to the tenor of East Greenwich 1. IT is Ordered by this Court and the Authority thereof That whatsoever Lands have or shall be Graunted by the Court to the respective Townships or to any particular Persons either by the Court or particular Townships shall be Held to them their Heirs Successors and Assignes for ever according to the most free Tenour of East Greenwich in the County of Kent in the Realm of England as Graunted to us in our Patent or Charter Lands intailed to descend according to the Law of Engl. 2. It is Ordered and Declared by this Court and the Authority thereof That all Lands heretofore Intailed and that shall be Intailed hereafter shall descend and enure as by the Law of England the same ought to do 3. It is Ordered and Declared c. That all the Sons of any Person having Lands in see simple who are Heirs shall be Heirs paying and satisfying in case as is by Law provided the Eldest Son shall have double to any of his Brethren and all the younger equal Shares of the Land of their Ancestors and where there is but one Son he shall be sole Heir paying and satisfying as aforesaid And where there is no Son all the Daughters shall Inherit alike All Brethren Heirs to him that dies without issue 4. And that all the Brethren of the whole Blood shall be Heirs to any Person dying without Issue the Eldest Brother to have
double to any one of his Brethren And where there is but one Brother he shall be sole Heir to such Brother or other Ancestor and where there is no Brother the Sisters of the whole Blood shall Inherit alike lands distrain'd 5. It is Ordered That all Houses Lands and other Hereditaments that have been or shall be Levied or Distrained and delivered in Execution according to Law and Possession orderly given by any Marshal or Constable or any of their Deputies that Levied the same and is Returned and Recorded shall be and remain to the Party to whom delivered and his Heirs and Assignes as good an Estate as it was to the Person from whom Taken or Recovered 6. That where Lands Tenements Hereditaments fall or happen to be in Partnership either by Descent Gift Graunt Purchase or otherwise Lands in partnership if any Partner die before it be divided the Heirs or Assignes of the Deceased shall have his or their part with the Survivers as fully as any of the Survivers Any Custome to the contrary notwithstanding Liberty to Sue out a division 7. It is also Ordered That any Partner may Sue out a Division of any such Land as he or they may shew good reason for 8. It is Ordered that where no Heir or Owner of Houses Lands Tenements Goods or Chattels can be found upon the Decease of the late Proprietor a true Inventory of every such Estate in all the parts and parcels thereof shall with the first conveniency be duely taken a just Apprizement made upon Oath by fit men thereunto appointed by a Magistrate Escheaâ—â— or in his absence by the Select Men of the Town where such Estate is and the whole Estate shall be seized by the Colony Treasurer till the true Heir or Owner shall make due Claim thereunto unto whom the same shall be delivered upon just and reasonable terms Conveyances to be acknowledged before a Magistrate 9. Ordered c. That all Sales Exchanges Gifts Mortgages or other conveyancies of Houses Lands and other Hereditaments shall be acknowledged before some Magistrate or otherwise that the Witnesses two of them at least to the Deed be Sworn that the Party Graunter Seller Mortgager c. did Seal and Deliver the said Instrument as his Act and Deed before it be committed to publick Record Except that by special Order of Court the clerk be Ordered to Record any Instrument that is not so Proved or Acknowledged and that after the end of May next which shall be in the year 1686. No Sale Bargain Mortgage or Conveyance of any Houses Lands or other Hereditaments where the Seller Bargainer Mortgager c. Remains in possession shall be of any force against other persons Except the Granter Seller Mortgager c. his Heirs unless the same be acknowledged or otherwise proved as abovesaid and committed to Record 10. An Act made July 10. 1669. for quieting Mens Estates and avoiding Suits in Law touching Title of Lands in case time Suit may be Commenced for Lands detain'd where when barred It is Enacted by the Court and the Authority thereof That no person or persons having had for the space or term of ten years fully past and expired any Right or Title of Entry into or cause of Action for any Lands Tenements or Hereditaments whatsoever now detained from him or them shall thereinto Enter or Commence Suit for but within five years next after the end of this present Session of Court and at no time after And that no person or persons having had for the space or term of eighteen years fully past and expired any Right or Title of Entry into or cause of Action for any Lands Tenements or Hereditaments whatsoever now detained from him or them shall thereinto Enter or Commence Suits for but within two years after the end of this present Session of Court and at no time after And that no person or persons shall at any time hereafter make any Entry into or Commence Suit for any Lands Tenements or Hereditaments but within fifteen years next after his or their Right Title or Cause of Action or Suit which shall hereafter first descend fall or accrue to the same otherwise such Title or Cause of Action shall be for ever after barred and the party or parties claiming and his and their Heirs utterly excluded from Entry into or Suit for the same Provided nevertheless That if any person or persons which hath or shall have such Right Title or cause of Action first be or shall be at the time of the said Right Title or Cause of Action descended according or fallen within the Age of twenty one years Feme Covert non compos mentis imprisoned or beyond the Seas then such person or persons his or their Heirs shall or may notwithstanding the said fifteen years expired bring his Action or make his Entry at any time within five years next after his or their full Age discoverture coming of sound mind enlargement out of Prison or coming into this Country take benefit of and so for the same and at no time after the said five years It is further Enacted by the Court c. That such person or persons as have had Right or Title or Entry into or cause of Action for any Lands Tenements Hereditaments hitherto detained from him or them for the space or Term of twenty years fully past and compleat and neglected hitherto to make his or their Entry or to commence Suit for the same shall be for ever Barred and Excluded and utterly disabled from such Entry or Suit to be made excepting as in the abovesaid Proviso This Act to stand at present suiting our Infant Estate till the Court see cause otherwise to Order mean while it shall be the concern of all for the future cause to obtain the best Evidence they can for the Title and Hold of their Lands A supplement to the Prefatory Declaration and Order in the Preface now Orders by His Majesties General Court held at Plimouth June 2d Anno Dom. 1685 As followeth viz. It is by this Court and the Authority thereof Ordered and Declared That all the Lands with their and every their Appurtenances belonging which have been formerly granted by the Court unto Townships or particular Persons according to the several Graunts or Bounds thereof shall be and remain to the several Townships and Grauntees their Heirs Successors and Assignes for ever in as free full ample and beneficial manner to all Intents Constructions and Purposes whatsoever as the Governour and Associates or General Court by vertue of their Letters Patents Declaratory from His Majesty or by any other ways and means whatsoever might or could Graunt And that the Governour for the time being Confirm all such former Graunts of Lands whether Graunted unto Townships or particular Persons which desire the same under the Seal of the Government not yet affixed thereunto And that the Court of Assistants be a Committee from
Security to Commit such person to Prison signifying his Crime briefly in his Mittimus To administer Oaths Magistrates may Administer Oathes may Commit to Prison any that shall refuse to give Testimony being lawfully called thereto May commit to Prison any person that shall refuse to acknowledg a Deed that hath been by him Signed Sealed and Delivered Magistrates may Summons Juries to inquire into untimely Deaths May Commit to Prison upon the non-payment of a Fine In case to commit to Prison May Marry Persons legally Published and keep Records of the same shall suppress forceable Detamors Routs Riots and Imprison such Offenders May Graunt Warrants to Impress Workmen to make and repair Prisons Bridges and other Instruments of Justice and order payment by the Countrey County Town or Person that ought to pay the same May Fine not exceeding five shillings or punish by Corporal Punishment such as take away Horses Cattle Boats Cannoes without leave of the Owner May for want of Security commit to Prison persons Guilty or Suspected to be Guilty of any Crime or Misdemeanour where there may not be reason for a present issuing of the same May do any other matter or thing by Law committed to them Marriages Births and Burials ORdered That the Town Clerk in every Town in this Government shall keep a Register of the Day and Year of the Marriage A Register to to be kept of Marriages Births Burials by the Town Clerk Birth and Burial of every Man Woman and Child in that Township and shall have for Registring four pence a piece And if any Father or Mother or next in Relation neglect a Moneth to give in the Names and Birth day of their Child together with the Clerks Fees they shall pay three shillings fine to the Town Clerk And whosoever shall neglect to give in their Names and the day of their Marriage to the Town Clerk a moneth after Marriage shall pay three shillings as aforesaid by him to be exhibited to the Clerk of the County Court yearly In like manner shall any Head of a Family that neglects to give an account of any Burial out of his Family And the Town Clerk shall annually give in to the Clerk of the County Court a true and perfect Copy of all Marriages Births and Burials that have been in their respective Towns on penalty of forty shillings fine to the County and the Town Clerk to pay the County Clerk one quarter of his allowed Fees Town Clerk to publish Marriages 2. Ordered that the Town Clerk shall publish as the Law directs all Contracts or purpose of Marriage in the Town and have one shilling for his Fee for every such publication None to be married without publishing and how to be published 3. Ordered That no person be joyned in Marriage before the intentions of the parties proceeding therein hath been three times published at three publick Meetings in the Town where the parties either of them do ordinarily reside or by setting the same up in Writing upon the Door of the Meeting house or other convenient place by the Door in publick view there to stand as it may easily be read fourteen dayes None shall marry that are under covert without consent of c. Ordered that none shall be allowed to Marry that are under the covert of Parents Guardians Masters or Overseers without their consent and approbation 4. Ordered That whosoever shall go about to inveigle or endeavour to steal the Affections of any Mans Daughter Pupil or Maid-servant without his consent or leave shall be fined to the County not exceeding five pounds or by Corporal Punishment as the County Court shall see cause But if a meet Marriage be orderly proposed and any Master or Guardian out of any sinister end or covetous desire will not upon reasonable terms suffer it to be it shall be in the power of the two next Magistrates upon complaint to hear and determine the same as they judge equal between both parties 5. It is also Ordered That no person in this Jurisdiction shall joyn any Persons in Marriage but the Magistrate or such other as the Court shall Authorize in such place where no Magistrate is near Who to solemnize Marriage nor shall any other joyn themselves in Marriage but before some Magistrate or person Authorized as aforesaid nor shall they be suffered so to do without they have been lawfully published Whereas many neglect to give in their Names and time of Marriage to the Town Clerk those to keep Register of such Marriages whereby much inconvenience may arise For Prevention whereof It is Ordered That such Magistrate or Person Authorized shall keep a Register of all Marriages their Names and time of joyning together But this shall not excuse the person Married of giving in his Name to the Town Clerk as by Law is provided 6. Ordered That if any Man beat his Wife he shall be fined five pounds to the County No man strike his wife or woman her husb or suffer corporal Punishment as the County Court shall see meet And if a Woman beat her Husband she shall suffer such punishment as the County Court shall determine Maritime matters ORdered by the Court That all Maritime matters shall be Tried at County Courts by the Laws and Customs of England Marshals and Constables Directions 1. IT is Ordered by this Court and the Authority thereof That the chief Marshal Attachments Summons c. be served by Marshals Constables or their Deputies County Marshal or the Constable of any Town or their Deputies deputed under their hands may Serve any Attachment Summons Executions and Warrants directed to them from lawful Authority and shall make a Return of all Attachments and Summons according to Law And all Marshals and Constables or their Deputies to whom Executions and Warrants are directed by any Court or other lawful Authority they shall faithfully and speedily Execute the same according to Law and make a return of their doings thereon by vertue of the same under their hand to the Clerk of the Court A return to be made thereof or Magistrate or other person Authorized from whom the same came in two moneths after receiving the same that so the said Execution and Return of any thing be done thereon may be Recorded And if the Execution or Warrant be not Levied or Distrained or not fully satisfied the Clerk or Person to whom the Return is made shall Record what is returned and upon request of the party graunt out another Execation or Warrant for the Sum or so much thereof as is unsatisfied and such Officer as shall neglect his Duty herein shall pay double damage to the party concerned Ordered That in Levying and serving all Executions or Warrants for Debts Rates or Fines the Officer shall first repair to the House or Place of usual abode of the party against whom it is granted and there demand Satisfaction of and for the
do or cause to be done any act or acts directly or indirectly by Land or Water that shall or may tend to the destruction or overthrow of the whole or any the several Plantations or Townships within the said Government that are or shall be orderly Erected and Established but shall contrarywise hinder oppose and discover such Intents and Purposes as tend thereunto to the Governour for the time being or some of the Assistants with all convenient speed You shall also submit unto and obey such good and wholsome Laws Ordinances and Officers as are or shall be established within the Limits thereof So help you God who is the God of Truth and Punisher of Falshood The Oath of a Freeman YOu shall be truly Loyal to our Soveraign Lord the King his Heirs and Successors You shall not speak nor do devise or advise any thing or things Act or Acts directly or indirectly by Land or Water that doth shall or may tend to the destruction or overthrow of these present Plantations or Townships of the Corporation of New-Plimouth neither shall you suffer the same to be spoken or done but shall hinder or oppose and discover the same to the Governour and Assistants of the said Colony for the time being or some one of them You shall faithfully submit unto such good and wholsome Laws and Ordinances as either are or shall be made for the Ordering and Government of the same and shall endeavour to advance the good and growth of the several Townships and Plantations within the limits of this Corporation by all due means and courses All which you Promise and Swear by the Name of the Great God of Heaven and Earth simply truly and faithfully to perform as you hope for help from God who is the God of Truth and the punisher of falshood The Secretaries Oath YOu shall faithfully Serve in the Office Secretary of the General Court and Council of this Colony of New-Plimouth for this present year and till another be chosen You shall faithfully preseve and keep all such Books Records Files and Writings as shall be committed to your Custody You shall truly Enter and Record all Acts Graunts and Orders of the General Court and whatever you shall receive Order and Direction from the said Court to do you shall give true Copies of all such publick Records Graunts or Writings which shall be in your custody under your hand at any persons Request you shall not disclose the secrets of the General Court or Councils you shall Extort no other Fee for doing any thing concerning your Office but what you shall be allowed by Law you shall give your attendance at all such Courts and Councils and shall faithfully do all things Appertaining to your Office So c. The Oath of the Recorder of the Court of Assistants YOu shall faithfully Serve in the Office of Recorder of the Court of Assistants you shall faithfully preserve and keep all such Books Records Files and Writings as shall be committed to your custody You shall truely Enter and Record all Acts Judgments Verdicts Fines and Sentences of the said Court And whatsoever you shall Receive Order and Direction from the said Court or Order of Law to do you shall Issue out and deliver all Executions Orders of the said Court warrants summonses in all such cases as by Law you ought you shall give true Copies of all such Publick Records Files and Writings which shall be in your custody under your hand at any Persons Request You shall Record and File all such Returns of Executions of Marshals or Constables which Issued out of the said Court and shall faithfully do all things Appertaining to your Office You shall Extort no other Fee for doing any thing Appertaining to your Office but what you shall be allowed by Law c. The Oath of the Clerk of the County Court YOu shall faithfully Serve in the Office of a Clerk of the County Court You shall faithfully preserve and keep all such Books and Records Files and Writings as shall be committed to your custody you shall timely Enter and Record all Acts Judgments Verdicts Fines Sentences and Orders of the said Court and all such Deeds Evidences Instruments and Writings which shall be brought to you for that End which by Law you may or ought to Record and also what you shall Receive Order or Direction from the said Court so to do you shal give true Copies under your hand of all such publick Records or VVritings as shal be in your custody at any Persons Request You shal Issue out and Deliver all Executions and Orders of the said Court and Warrants and Summonses in all such Cases as by Law you ought You shall Record and File all such Returns of Executions of Marshals and Constables which Issued out of the said Court and shal faithfully do all things appertaining to your Office You shal Extort no Fee for doing any thing appertaining to your Office but what you are allowed by Law c. The Select mens Oath YOu being Chosen Select Men of the Town of Plimouth you shall do equal Right to all Persons after your Wisdom Skil and power in all such Cases as shall come before you concerning your Office according to the Laws here Established You shall endeavour the due Execution of all such Laws as are committed to your Inspection as Select Men so help you c. The Oath of the Grand Jury YOu shall faithfully Inquire into and true presentment made of all things given you in charge you shall present nothing of Malice or ill will your own counsel and your Fellows in reference to this Oath you shall well and truly keep so help c. The Oath of the Chief Marshal YOu shall be truly Loyal to our Soveraign Lord the King His Heirs and Successors You shall carefully endeavour the conservation of the Peace of our said Lord the King as the head Marshal of the Colony of New-Plimouth You shall Arrest all Traitors Felons and Perturbers of the Peace that you shall know or be informed of and carry them before the Governour or some of his Assistants and there attend such Order therein as shall be given you You shall personally attend all General Courts Courts of Assistants Commissioners Courts and the Governours person especially at such Courts You shall readily Serve all Attachments Summons's Precepts and Warrants whatsoever which you shall receive from the Governour Assistant or others Authorized thereunto You shall faithfully Levy Collect and Gather all such Rates Fines Forfeitures Wrecks and other dues whatsoever belonging to this Colony or which by Order of Law and Warrant from Authority you shall be required to do and the same deliver unto the Treasurer or his Order or party concerned You shall truly Levy and Serve all Executions you shall receive from Authority and the Money Goods Chattels or Lands you shall Levy by such Execution deliver to the party or parties to whom due or belonging You shall carefully
keep all persons which shall be committed to your Custody You shall readily obey and execute all such Commands and Sentences of the Governour or any of the Courts as according to your Office you ought to do by Law You shall deal justly and uprightly and without partiality in the Discharge of your Office You shall extort no Fee Gift or Reward for doing your Office but only what you may take by order of Law The Oath of the Under-Marshall or Goal-Keeper YOu shall well and truly serve in the Office of Under-Marshall and Goal-Keeper for the Colony of New-Plimouth you shall readily Receive into your Custody all such persons as by Warrant or Mittimus from Authority or Order of Law shall be brought to you and them in safe Custody shall keep till they shall thence be delivered by due Course of Law You shall personally attend all such Courts of Assistants and General Court as shall be holden at Plimouth You shall Execute and Inflict all such Sentences and Punishments as by Authority shall be adjudged to be Inflicted upon any Delinquents or Offenders without favour or partiality and shall take only such Fees for doing your Office as by Law are allowed So c. The Oath of a Constable YOu shall Swear to be Truly Loyal to our Soveraign Lord the King His Heirs and Successors You shall faithfully serve in the Office of Constable in the Award of Plimouth for this present year during which time you shall carefully endeavour the Conservation of the Peace of our said Lord the King You shall Arrest all Traitors Fellons Perturbers of the Peace and all other Suspicious Persons that you shall know or be informed of and carry them before the Governour or some one of his Assistants and there attend such Order therein as shall be given You shall readily and truly Serve all Attachments Summons and Warrants whatsoever you shall receive from the Governour Assistants or others Authorized thereunto You shall faithfully Levy Collect and gather all Executions Rates Fines Forfeitures which you shall Receive or have Order for and the Money Goods Chattels or Lands so levyed gathered or distrained you shall deliver to the Party or Parties concerned or to whom it is due You shall readily Obey and Execute all such Commands and Sentences of the Governours Assistants or any of the Courts as according to your Office you ought to do by Law and shall faithfully endeavour the Execution of those Laws which refer to your Office and in all things you shall deal justly and uprightly in the Execution of your Office So c. The County Marshalls Oath YOu shall be Truly Loyal to our Soveraign Lord the King his Heirs and Successors you shall carefully endeavour the Conservation of the Peace of our said Lord the King as the Marshal of the County of Plimouth You shall Arrest all Traitors Fellons and Perturbers of the Peace that you shall know or be informed of and carry them before the Governour or some one of his Assistants and there attend such Order therein as shall be given you You shall attend Personally at all County-Courts you shall readily serve all Attachments Summons Presentments and Warrants whatsoever which you shall Receive from the Governour Assistants or others Authorized thereunto You shall faithfully Levy Collect and Gather all such Rates Fines Forfeitures and other dues whatsoever belonging to the County or such as you shall by Order of Law or Warrant from Authority be required to do and the same deliver unto the County-Treasurer or Party concerned therein You shall truly Leavy and Serve all Executions you shall Receive from Authority and the Money Goods Chattels or Lands you shall Leavy by such Execution you shall deliver to the Party or Parties to whom due or belonging You shall carefully keep all persons which shall be Committed to your Custody you shall readily Obey and Execute all such Commands and Sentences of the said Authority as according to your Office you ought to do by Law You shall deal justly and uprightly and without partiality in the discharge of your Office You shall Extort no Fee Gift or Reward for doing your Office but what you are allowed by Law The Oath of the Jury of Trials between the King and Prisoner YOu shall well and truly try and true deliverance make between our Soveraign Lord the King and the Prisoner at the Bar whom you shall have in Charge and true Verdict give according to your Evidence So help c. The Oath of a Jury of Trials between Party and Party YOu shall well and truly Try the issue between Party and Party and true Verdict give therein according to your Evidence So help c. The Oath of a Jury to inquire of the Death of any Person YOu shall faithfully inquire how or by what means and in what manner and when and where R. K. came by his Death and if you find he was murdered that you inquire by whom and who were Accessaries and that you shall true Verdict give according as you find So help you c. To the Marshal of the County of P. Greeting WHereas A. B. of P. at the County Court held at P. the third tuesday of March last by the Judgment of the said Court Recovered Debt Damage and Costs to the value of Pounds Shillings in Money against C. D. of M. as by Record of said Court appeareth These are therefore in His Majesties Name to Require you on Receipt hereof to repair to the House or Place of usual abode of the said C. D. and there demand the said Sum and two shillings for this Execution and your allowed Fees and upon Refusal or Non-payment that you Levy the same by Distress on the Goods and Chattels and for want thereof upon the Lands of the said C. D. according to Law and for want of Estate that you Levy it on his Body and deliver him to the Keeper of His Majesties Goal at P. there to remain till satisfaction be made of the said Debt Damages and Charges and that you make a true Return hereof and doings hereupon to the Clerk of the said Court Dated c. Per Curiam R. B. Clerk TO the chief Marshal or Marshals of the County of P. or Constable of S. c. you may put in only one of them as the case may be Whereas A. B. of P. Complaineth ahainst C. D. of M. in an Action of Debt to the Damage of five Pounds in Money for Non-payment of fifty shillings in Money due to the said A. B. by Bill Dated c. or by Book or by Account or by Covenant or Contract or for Money Lent or the like which the faid C. D. unjustly detaineth THese are therefore in his Majesties Name to Require you on Receipt hereof to Summon the said A. B. to make his Appearance at the County-Court to be holden at P. the third Tuesday in March next to answer the said Complaint Hereof fail not and make a true Return
hereof and doing hereupon to the said Court Dated at P. c. Per Curiam J. B. Clerk The Officers Return This Summons was Served January c. by M. R. L. Constable Or for an Attachment THese are therefore in his Majesties Name to Require you on Receipt hereof to Attach the Estate to the full value and for want thereof the Body of the said A. B. and take sufficient Security for his Appearance at the County-court to be holden at P. the third Tuesday in March next to answer the said complaint and to be forthwith coming six days after Judgment given in the said Case to Respond the Judgment Hereof fail not and make a true Return hereof and doings hereupon to the said Court Dated at P. c. Per Curiam J. B. Clerk The Return I Have Attached the Goods or Lands of said A. B. at his House or Place of Abode to sufficient Value and left Summons Or I have Attached the Body of said A. B. and taken sufficient Security Or I have Attached the Body of said A. B. and delivered him to the Keeper of the Goal at P. for want of Security Per mee R. L. Constable KNow all Men by these Presents that we A. B. D. E. of C. Yoemen c. Are Holden and firmly Obliged unto W. B. Marshal of the County of B. or to T. T. Constable of S. in the penal Sum of Pounds Currant Money of New-England to the true Payment whereof We Bind our selves our Heirs Executors and Administrators joyntly and severally firmly by these Presents Sealed with our Seals Dated c. The Condition of this Obligation is such that if the above Bounden A. B. shall personally appear at the next County Court to be holden at B. to Answer R. F. in an Action of Debt or c. and to abide Trial there and at such Court as shall be Appeated to till Judgment Entred and shall be forth coming six dayes after Judgment that ther this Obligation to be void c. THE TABLE CHAPTER I. The General Fundamentals NUMBER 1. LAws to be made by the Freemen or their Representatives PAGE 1. NUMBER 2. Annual Election by the Freemen PAGE 1. NUMBER 3. Justice to be equally and speedily Administred PAGE 1. NUMBER 4. None to suffer but according to Law and by due course and process of Law PAGE 1. NUMBER 5. All Trials to be by a Jury and liberty to challenge any of them PAGE 1. NUMBER 6. What Testimony required in cases PAGE 2. NUMBER 7. Power to make Wills except in Case PAGE 2. NUMBER 8. The great End of coming into this great Wilderness was liberty to enjoy the pure Worship of God c. Therefore the Churches of Christ here to be protected in their peaceable orderly walking and the Ministers of the Gospel provided for PAGE 2. NUMBER 9. All the foregoing Fundamentals inviolably to be preserved PAGE 3. CHAPTER II. Actions NUMBER 1. Title of Land to be tryed in the County where it lyeth Other Trials where one of the Parties dwells Tryals before a Magistrate whete PAGE 3. NUMBER 2. Time of Entry of Actions Time of the Return of Warrants by the Officer PAGE 3. NUMBER 3. The Charge of Trials PAGE 3. NUMBER 4. Non Attendance on Actions Penalty on the Plaintiff and on the Defendant PAGE 4. NUMBER 5. What shall be ground of Non-Suit and what not PAGE 4. NUMBER 6. No further Plea after the Case is committed to the Jury PAGE 4. NUMBER 7. Warrants when to be served PAGE 4. NUMBER 8. Summons or Attachment I shall be a sufficient Warrant to bring any person to Answer PAGE 4. Number 9. Plaintiff liberty to withdraw Page 4. Number 10. Vexatious Suits Page 4. Number 11. When Judgment to be Entred Page 5. Number 12. Reveiws Page 5. Number 13. Forreigners to give Security to Respond Costs before Summons or Attachment granted on Penalty to the Granter Page 5. Number 14. In Attachment of Goods c. Legal Netice to be given to the Parties concerned and in what Case Execution shall be respited Page 5. Number 15. Lands or Goods Attached when to be released and when not and so of Bonds and Sureties and how the Officer shall make his Return and when he shall deliver the Person to the Jaylor Page 5. Number 16. Attornyes allowed Page 6. Number 17. Barretry to be punished Page 6. Number 18. Who Bailable Page 6. Number 19. No Leavy on Lands where Goods to be found nor Surety distrained where Principal sufficient nor Beast of Plow or Draughts if others may be found Page 6. Number 20. Repleving Page 6. Age Ability Number 21. Age of Discretion Page 6. Appeals Number 22. Liberty to Appeal Page 6. Number 23. Who shall not sit as Judge or Vote in Court appealed to Page 7. Apprizements Number 24. How Apprizements of Land or other state shall be managed Page 7. CHAPTER III. Bills and Bonds Number 1. DEbts by Specialty Good to Assigns Page 8. Number 2. In what Case Actions for Debt by Book or Account to be brought within three years Page 8. Number 3. Merchants Tradesmen and Dealers-Books what Testimony sufficient thereunto Page 8. Number 4. Debts to be paid in Specie Page 8. Number 5. What Testimony good for a Specialty What in some Criminals Page 1. Bridges Number 6. Defeat in Bridges and Highwayes to be presented c. Page 8. CHAPTER IV. Capital Laws Number 1. I Dolatry Page 9. Number 2. Blasphemy Page 9. Number 3. Treason Page 9. Number 4. Conspiring against this Jurisdiction and His Majesties Authority here Established Page 9. Number 5. Willful Murder premeditated Page 9. Number 6. Murder in sudden passion Page 10. Number 7. Through Guile or Poysoning Page 10. Number 8. Witchcraft Page 10. Number 9. Beastiality Page 10. Number 10. Sodomy Page 10. Number 11. False Witness Page 10. Number 12. Man-Stealing Page 10. Number 13. Cursing or Smiting-Father or Mother Page 10. Number 14. Willful Burning Houses or Ships Page 10. Number 15. Articles in all Treaties of Peace to be inviolably kept by his Subjects Felony to serve in Hostile manner any Forreign Prince c. against those that are in Amity with his Majesty without Licence And to suffer pains of Death unless Returning within the time Limited Page 11. Treasons Piracies Felonies c. although committed on the Sea if hither brought within this Colony shall be proceeded against as if committed on the Land by Commission to the Judges of the Admiralty and others Their Power and Indemnification Page 11. The Abettors or Privateers to be punished as Accessaries What is required of Commission Officers in pursuance of this Act. Their power Page 12. Penalty of their Neglect Penalty of Souldiers not obeying their Officers Orders in Execution of the premises Page 12. CHAPTER V. Childrens Education Number 1. SElect mens care that all Children and Servants be brought to read and Catechised or put out where they may Page 12. Coopers and Casks Gage of Cask and Brand. Page