Selected quad for the lemma: duty_n
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A55222
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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 my readily conduce to general use and benefit 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'.; Laws, etc. (Book of the general laws : 1685)
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New Plymouth Colony.
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1685
(1685)
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Wing P2659; ESTC W479534
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104,394
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101
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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-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
them desirous to promote the publick Worship of God amongst them shall be assisted by the Government so as the charge in their getting and maintaining of an able faithful Preacher of Gods Word shall be raised upon the Lands Chattels and other Rateable on all the Rateable Inhabitants of any such place or other Proprietors of any such Lands or other Ratable Estate of theirs in any such place found although such Proprietors do not there reside what to be done where the Inhabitants are negligent therein and where the Inhabitants of any such place or Township are remiss and negligent to obtain an able faithful Minister or Preacher of the Word of God amongst them the General Court may and henceforth shall impose such yearly sum or sums as to them seem just and equal to be raised on all the Rateable Inhabitants of such Place or Township and gathered by the Constable and delivered to the Court of Assistants County Courts or Treasurers Order and helpt as a Stock to be disposed as the Court of Assistants or County shall Order for the Building a Meeting House or incouragement of some to Preach the Word of God amongst them And where the Minister shall scruple to receive what is raised as aforesaid yet notwithstanding it shall be gathered by the Constable and disposed of by the Court to some other pious use wherein special respect shall be had to the good of said place CHAP XIV Military Affairs FOr the better Regulating the Military Forces of this Colony and Training our Souldery for such Service as they may be called unto The Souldiers in each County to be a Regiment commanded by 〈◊〉 Serj. Major Companies their Officers 1. It is Ordered by this Court and the Authority thereof That the Souldiers whither Horse or Foot within each County in this Colony shall be a Regiment and each Regiment be Commanded by a Sergeant Major each Town having sixty Listed Souldiers to be a Company and have three Commission Officers viz. Captain Lieutenant and Ensign And other Towns and Villages where there are less number of Listed Souldiers to be commanded by such Officers as the General Court shall see cause The Major to be chosen by the General Court And how to be chosen the Captain Lieutenant and Ensign to be nominated and presented by the several Towns to the General Court by them to be approved and commissionated and all Commissions to be under the Seal of the Colony and the hand of the Governour and Subscribed by the Secretary All between sixteen sixty to attend Trainings 2. It is Ordered That all Men between sixteen and sixty years of age constantly attend all Military Trainings when duely warned under the penalty of three shillings in Money or equivolent thereunto for every neglect to be collected or for non-payment to be Destrained by the Clerk of said Company unless the next Training day after such neglect they render their excuse to their Commission Officers and they or the major part of them be satisfied therewith Who are exempted from them Notwithstanding such persons hereafter mentioned are exempt from Trainings Magistrates Ministers Physitians profest Schoolmasters Secretary of the Countrey Clerks of the County Courts and Marshals Constables constant Herdsmen and constaint Millers Master of Ships or Vessels that are most imployed beyond Sea such as have three Natural Sons that are Listed Souldiers in the Company and such as for Bodily Infirmity Excused by the County Courts and that all Persons not exempt by Law neglecting or not attending their Duties that the Clerk cannot find or that will not shew an Estate to the Clerk that he may destrain thereon such Person or Persons shall be liable to such Military punishments as the Captain and Commission Officers shall see meet How they are to be punlished who neglect Trainings refuse to pay their fines according as the neglect may be circumstanced and if they neglect two Training Dayes together or twice neglect other such Service as is Legally required of them and refuse to pay their fine or show an Estate to the Clerk or render a sufficient Excuse to the chief Officers it shall be lawful for the Captain or chief Officer to send for such Person into the Field by a Constable that there he may receive Punishment according to his Demerit and the Constables in each Town are required to yield Obedience to such Orders unless such Person shall Appeal to a Council of War and give security to prosecute the fame to abide by their determination 3. It is further Ordered That all fines for neglecting Training Watching or Warding defect in Arms and all other Military fines shall be improved for the supplying the Company with Drum or Drums and Colours Fines to be improved for supplying the Company and otherwise disposed of for the good of the Company according to the direction of the Major part of the Commission Officers of each Company 4. It is further Ordered That every Male Person within this Colony of what Ranck or Quality soever of sixteen years of Age and upwards shall alwayes be provided with How every Person of sixteen years old is to be provided with Arms and Ammunition and keep well fixt and fit for Service a good Fire lock Musquet not exceeding four foot three inches Barrel nor shorter than three foot nine inches nor under bastard Musquet Bore or to the satisfaction of the Commission Officer a Priming Wyre and Worm and also with a good Sword or Cutlase one pound of Powder twenty Bullets suitable to his Piece Bandileers or Cattouch Box and thirty Flints under the penalty of ten shillings fine for want of a well fixt Musquet and two shillings a piece for every other Defect Four dayes in a year for Exercising and how to be warned 5. Also that every Captain or chief Military Officer in every Town or Village do every year call forth the Souldiers to Exercise in Motions and Use of Arms shooting at Marks or otherwise according to his best Direction If shall be counted lawful warning if the Serjeant or Clerk by Order or Warrant from their Superior Officer give notice at a publick Town meeting or by writing set up publickly three dayes before the day appointed for Training or any other way that may be agreed on by the Major part of the company and every Souldier is to appear upon such warning compleat in his Arms at his Colours or usual place of meeting at eight aclock in the Morning and if they exceed nine a clock the time to be judged by the Commission Officers then to pay one shilling fine to the use of the Company and to be demanded and upon refusal or non payment to be Levyed by the Clerk on the Party that is the Delinquent Who are to Vote sor persons to be presented to the Court sor Commission officers 6. Ordered That all Souldiers Inhabitants of the Town that are twenty one