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-New-England aforesaid in the Harbour of Cape Cod or Paomet Scituate and being in new-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-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
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
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