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-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-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-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
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
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-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