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A55222 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) New Plymouth Colony. 1685 (1685) Wing P2659; ESTC W479534 104,394 101

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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 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-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-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
Egress and Regress with Ships Boats Shallops and other Vessels from the Sea commonly called the Western Ocean to the said River called Kenebeck and from the said River to the said Western Ocean together with all Prerogatives Rights Royalties Jurisdictions Priviledges Franchises Liberties and Immunities and also Marine Liberty with the Escheats and Casualties thereof the Admiralty Jurisdiction excepted with all the Interest Right Title Claim and Demands whatsoever which the said Council and their Successors now have or ought to have or may have and require hereafter in or to any of the said Portion or Tract of Lands hereby mentioned to be Granted or any the premises in as Free Large Ample and Beneficial manner to all Intents Constructions and Purposes whatsoever as the said Council by vertue of His Majesties said Letters Patents may or can Graunt To Have and to Hold the said Tract and Tracts of Land and all and singular the premses above mentioned to be granted with their and every of their Appurtenances to the said William Bradford his Heirs Associates and Assigns for ever to the only proper and absolute use and behoof of the said William Bradford his Heirs Associates and Assigns for ever Yielding and Paying unto our said Soveraign Lord the King His Heirs and Successors for ever one fifth part of the Oar of the Mines of Gold and Silver and one other fifth part thereof to the President and Council which shall be had possessed and obtained within the Precincts aforesaid for all Services and Demands whatsoever allowing the said William Bradford his Associates and Assignes and every of them his and their Factors Agents Tenants and Servants and all such as he or they shall send and imploy about his said particular Plantation shall and may from time to time freely and lawfully go and return Trade and Traffick as well with the English as any of the Natives within the Precincts aforesaid with liberty of Fishing upon any part of the Sea-coast and Sea-shores of any the Seas or Islands adjacent and not being Inhabited or otherwise disposed of by Order of the said President and Council forbidding all others to Traffick with the Natives or Inhabit any the said Limits without the special leave of the said William Bradford his Heirs or Associates and allowing the said William Bradford his Heirs and Associates to take apprehend seize and make price of all such Persons their Ships Goods as shall attempt to Inhabit or Trade with the Salvage People as aforesaid c. Moreover whereas in the first beginning of this Colony divers Merchants and others of the City of London and elsewhere adventured divers Sums of Money with the aforesaid John Carver William Bradford Edward Winslow William Brewster Isaac Allerton and the rest of their Associates on certain terms of Partnership to continue for the term of seven years The said term being expired the Plantation by reason of the manifold losses and crosses by Sea and Land in the beginning of so great a work The Associates Purchase of the Merchants Adventurers being largely Indebted and no means to pay the said Debts but by the sale of the whole and the same being put to Sale We the said William Bradford Edward Winslow William Brewster Isaac Allerton and other our Associates the Inhabitants of New-Plimouth and elsewhere being loth to be deprived of our Labours bought the same for and in consideration of eigteen hundred pounds Sterling with all and singular the Priviledges Lands Goods Buildings Chattels Ordnance Munition or whatsoever appertained to the said Plantation or the Adventurers thereunto belonging as appeareth by a Deed between the said Isaac Allerton then Agent for the said William Bradford and his Associates on the one part and John Pocock Robert Keyn Edward Basse James Sherly and John Beauchamp on the other part being thereunto deputed by the said Merchants and the rest Adventuring as aforesaid as appeareth by a Deed bearing Date Nov. 6th in the third Year of the Reign of our Soveraign Lord Charles by the Grace of God King of England Scotland France and Ireland c. Anno Dom. 1627. Be it Known therefore unto all Men by these presents that according to our first intents for the better effecting the glory of God the enlargement of the Dominions of our said Soveraign Lord the King and the special good of His Subjects by virtue as well of our Combination aforesaid as also the several Graunts by us procured in the Names of John Peirce and William Bradford And their further Right in respect of Vacancy Donation Purchase of the Natives to Give and Graunt Lands c. their Heirs and Associates together with our lawful Right in respect of Vacancy Donation or Purchase of the Natives and our full Purchase of the Adventurers before expressed have given unto Allotted Assigned and Granted to all and every person or persons whose Name or Names shall follow upon this publick Record such proportion or proportions of Grounds with all and singular the priviledges thereto belonging as aforesaid to him or them his or their Heirs and Assigns successively for ever to be Holden of His Majesty of England 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 yielding and paying to our said Soveraign Lord the King His Heirs and Successors for ever one fifth part of the Oar of the Mines of Gold and Silver and one other fifth part to the President and Council which shall be had possessed and obtained as aforesaid And whatsoever Lands are or shall be granted to any by the said William Bradford Edward VVinslow William Brewster Isaac Allerton their Heirs or Associates as aforesaid being acknowledged in publick Court and brought to the publick Records of the several Inheritances of the Subjects of our Soveraign Lord the King within this Government it shall be lawful for the Governour of New-Plimouth aforesaid from time to time successively to give under the common Seal of the Government a Coppy of the said Graunt so Recorded Confirming the said Lands to him or them his or their Heirs and Assigns for ever with the several Bounds and Limits of the same which shall be sufficient Evidence in Law from time to time and at all times for the said party or parties his or their Heirs or Assigns to Have and to Hold the said portion of Land so Granted Bounded and Recorded as aforesaid with all and singular the Appurtenances thereunto belonging to the only proper use and behoof of the said party or parties his or their Heirs and Assigns for ever CHAP. I. The General Fundamentals Anno. 1636. and Revised 1671. 1. VVEE the Associates of the Colony of New-Plimouth coming hither as free born Subjects of the Kingdome of England Endowed with all and singular the Priviledges belonging to such Being Assembled Laws to be made by the Freemen or their represen tatives Do Enact
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 Commissione●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