other sorts of Goods Hides Skins Beaver Peltry Butter Cheese or other Merchandize or Provisions brought into this Jurisdiction by Land the Owner Factor Agent or other person intrusted shall before any sale made or before any putting on Board any Vessel for transport or other disposal of the said goods make a just and true Entry thereof as is before provided concerning Goods imported by Sea and to be â—â—ated one penny in every twenty shillings the same to be paid in Money to the said Officer under the penalty of forfeiture as aforesaid the one third part to the Country Treasurer one third part to the Informer and one third part to the Collector X. The Country Treasurer for the time being is hereby impowered and required duly to execute or cause to be duely and fully executed this present Order in each particular part thereof who is also impowered and Authorized to depute and impower all such Officers under him as he shall judge necessary for the accomplishment thereof who upon Warrant to them directed under his Hand and Seal shall attend the same And the said Officer or Officers shall be accountable to the said Treasurer when he shall call them thereunto XI It is also Ordered That such Goods or other things as upon importation shall by this Order be paid for shall not again for that year be Rated whilst they remain in the hands of them that so paid for them XII In case the Treasurer or any Officer under him shall finde any great difficult or doubtful case in the execution of this Order they shall repair to the Governour and Council or so many of them as can conveniently assemble provided the number be not less then five who are hereby impowred to give such Order and Directions for removing Obstructions as the major part of them shall judge expedient for the effectual prosecution of this Order And the Order Respecting Customes made October 1668. is hereby Repealed And it is Ordered further That this present Law be in force forthwith upon the ending of this present Sessions and forthwith publish in Boston and Charlstown It is Ordered by this Court that this shall be the Seal of the Treasurers Office T.M. ALthough there are several Orders made by this Court concerning the receiving of the Rates of Goods Imported yet it is found by experience that it falls short of attaining the full end intended For prevention of the defrauding of the Officer who is appointed to Collect the same Law to prevent the defrauding of the Officer for Customes It is hereby Ordered as an Addition to what the Law hath provided in this case that all Masters of Ships or other Vessels comeing into our Ports with any Goods Rateable according to Law shall keep in their Custody all such Goods till they receive an Order from the Collector to deliver the same or in defect thereof to pay unto the said Officer the full value of the Rate appointed by Law 1670. Three Questions resolved Whether the revenue arising by Rate or Custome of Goods Imported as also Powder paid by Shipping belonging to Strangers and brought into the River of Pascataqua is to be returned to the Publick Treasury of this Country This Question is Resolved by the whole Court on the Assirmative Whether the Money already Collected in Pascataqua River viz. by Customes or Rate on Goods Imported c. and for Powder paid by shipping that is what hath been received from Strangers and such as are not Inhabitants of the said River is to be returned to the publick Treasury of this Country this Question also was resolved on the Affirmative by the Court. Whether the Revenue arising by the Rate or Custome layd on Goods Imported belonging to the Inhabitants of Pascataqua River which is brought into the said River is to be paid into the Country Treasurer This Question is Resolved in the Negative by the whole Court. 1671. IMPRESSES IT is Ordered by this Court and the Authority thereof That in all publick works of this Common-wealth L. 1. p. 9. one Magistrate and the overseer of the work Labourets pressed for any pablick work shall have power to send their Warrants to the Constables of the next Towns to send so many Labourers and Artificers as the warrant shall direct which the Constable and two other or more of the Freemen which he shall chuse shall forthwith execute for which service such Magistrate and Overseer aforesaid shall have power to give such Wages as they shall judge the Work to deserve Provided that for any ordinary work no man shall be compelled to work from home above one week together 2. It is also Ordered That no man shall be compelled to any Publick work or service unless the press be grounded upon some act of the General Court and have reasonable allowance for the same nor shall any man be compelled in Person to any Office Work Warrs or other publick service that is necessarily and sufficiently exempted by any natural or personal impediment as by want of years greatness of years Persons free for defect def of minde failing of fences or impotency of Limbs Nor shall any man be compelled to go out of this Jurisdiction upon any offensive Wars which this Common wealth or any of our Friends or Confederates as shall voluntarily undertake but only upon such vindictive and defensive Wars in our own behalf or the behalf of our Friends and Confederates as shall be enterprized by the Council and consent of a General Court Cattle and other goods damniâ—â—eâ— in the Country service to be made good or by Authority derived from the same Nor shall any mans Cattle or Goods of what kinde soever be Pressed or taken for any Publick use or service unless it be by Warrant grounded upon some Act of the General Court Nor without such reasonable Prizes and Hire as the ordinary Rates of the Country do afford and if his Cattle or Goods shall perish or suffer damage in such service the Owner shall be sufficiently recompenced 1641. IMPRISONMENT IT is Ordered and by this Court Declared That no Mans Person shall be Restrained or Imprisoned by any Authority whatsoever before the Law hath Sentenced him thereto Who Baylable if he can put in sufficient Security Baile or Mainprize for his appearance and good Behaviour in the mean time unless it be in Crimes Capital and Contempt in open Court and in such Cases where such express Act of Court doth allow it 1641. INDIANS FOR setling the Indians Title to Lands in this Jurisdiction A. 52. p. 16. It is Declared and Ordered by this Court and Authority thereof That what Lands any of the Indians in this Jurisdiction have possessed and improved by subduing the same they have just right unto according to that in Gen. 1.28 chap. 9.1 Psal 115.16 Indians Title to Land And for the further incouragement of the hopeful work amongst them for the Civilizing and helping them forward to
the hands of Parents for the disposing their Children in Marriage so that it is against Rule to seek to draw away the affections of young Maidens under pretence of purpose of Marriage before their Parents have given way and allowance in that respect And whereas it is a common practise in divers places for young men irregularly and disorderly to watch all advantages for their evil purposes to insinuate into the affections of young Maidens by comeing to them in places and seasâ—ns unknown to their Parents for such ends whereby much evil hath grown amongst us to the dishonour of God and damage of parties For prevention whereof for time to come It is further Ordered That whatsoever person from henceforth shall endeavour directly or indirectly No motion of Marriage to be made to any maid without consent of Parents to draw away the Affection of any Maid in this Jurisdiction under pretence of Marriage before he hath obtained liberty and allowance from her Parents or Governours or in absence of such of the nearest Magistrate he shall forfeit for the first offence five pounds for the second towards the party ten pounds Penalty 5.11 and be bound to forbare any further attempt and proceedings in that unlawful design without or against the allowance aforesaid And for the third offence upon information or complaint by such Parents or Governours to any Magistrate giving Bond to prosecute the party he shall be committed to prison and upon hearing and Conviction by the next Court shall be adjudged to continue in Prison until the Court of Assistants shall see cause to release him 1647. 4. Whereas divers persons both Men and Women living within this Jurisdiction whose Wives and Husbands are in England or else where by means whereof they live under great temptations here and some of them committing lewdness and filthiness here amongst us others make love to Women and attempt Marriage and some have attained it and some of them live under suspition of uncleanness and all to the great dishonour of God reproach of Religion Common-wealth and Churches It is therefore Ordered by this Court and Authority thereof for the prevention of all such future evils That all such married persons as aforesaid Married 〈◊〉 to go to 〈…〉 pain of 20 11. shall repair to their said Relations by the first oportunity of shipping upon the pain or penalty of twenty pounds except they can shew just cause to the contrary to the next County Court or Court of Assistants after they are Summoned by the Constable there to appear who are hereby required so to do upon pain of twenty shillings for every such default wittingly made Coâ—st to present such to Court Provided this Order do not extend to such as are come over to make way for their families or are in a transient way only for Trassick or Merchandize for some small time 1647. 5. As the Ordinance of Marriage is honourable amongst all so should it be accordingly solemnized It is therefore Ordered by this Court and Authority thereof That no person whatsoever in this Jurisdiction Who may solemnize Marriage shall joyn any persons together in Marriage but the Magistrate or such other as the General Court or Court of Assistants shall Authorize in such place where no Magistrate is near Nor shall any joyn themselves in Marriage but before some Magistrate or person Authorized as aforesaid Nor shall any Magistrate or other person Authorized as aforesaid joyne any persons together in Marriage Not before publication or suffer them to joyne together in Marriage in their presence before the parties to be Married have been published according to Law 1646. IN Answer to the Question Whether it be lawful for a Man that hath buried his first Wife to Marry with her that was his first Wires natural Sister The Court resolves it on the Negative 1679. MARSHAL IT is Ordered by this Court and Authority thereof That every Marshal shall diligently and faithfully Collect and Leavy all such fines and sums of Money L. 1. p. 38 57. of every person for which he shall have Warrant from the respective Treasures Marsâ— al to leavy all Fines or other Authority which he shall return to the said Treasurer with all convenient speed upon penalty of forfeiting two shillings out of his own Estate for every Pound not Collected or Returned as aforesaid or such fine as any Court shall impose upon him for his neglect 2. And every Marshal shall with all speed and faithfulness Leavy the Goods of every person for which he shall have Warrant To serve all Executions by virtue of any Execution granted and signed by the Secretary or other Clerk Authorized thereunto and the said Goods so Leavied shall with all convenient speed deliver to the Party or Attorney that obtained the Judgement and Execution or be liable to make full satisfaction to the party for all damage sustained by his neglect To return Execution to the Clerk And the said Marshal within two Months after the receipt of any such Execution make Return of the said Execution with what he hath done by virtue thereof under his hand to the Clerk that granted the same to be by him kept and Recorded and if the Execution be not fully satisfied the said Clerk shall at the request of the party grant Execution for the remainder And every Marshal neglecting to make return of Executions as aforesaid shall forfeit double to the damage any person concerned therein may sustain by such neglect 3. Further the said Marshals shall with like care and faithfulness L. 1. p. 58. serve all Attachments directed to them and return the same to the Courts to which they are returnable at the times of the returns thereof Marshal not to be Clerk and henceforth no Marshall shall be Clerk or Recorder of any Court 4. And it is hereby Ordered That the Marshals Fees shall be twelve pence in the pound to be paid by the respective Treasurers L. 2. p. 7. for all sines leavied by the said Marshals and returned to the said Treasurers and for serving Attachments within one mile one shilling three pence Marsh Fees to be paid by the party that imploys them and for serving Executions twelve pence in the pound for all sums not exceeding ten pounds and for all sums above ten pounds and not exceeding forty pounds sixpence in the pound more and for all sums above forty pounds and not exceeding one hundred pounds three pence in the pound more and one penny in the pound more for all sums above one hundred pounds out of the Estate of the person the Execution is served upon over and above for the execution And in all cases where the aforesaid Fees for Leavying Executions or Fines will not answer the Marshals travail and other necessary charges the Marshal or other Officer imployed shall have power to demand six pence per mile and upon refusal to Leavy the same together with
out or put out of his Boat any person that shall press enter into or stay in any such Ferry Boat contrary to this Order Men pass as they come except publick persons And it is further Ordered that all persons shall be received into such Ferry Boats according to their comeing first or last only all publick persons or such as go upon publick or urgent occasions as Physitians Chyrurgcons and Midwives and such other as are called to Womens Labours such shall be transported with the first 1641 44 46 47. FINES IT is Ordered by this Court and Authority thereof L. 1. p. 38. that every Offender fined for the breach of any Penal Law shall forthwith pay his or their Fine or Penalty or give security speedily to do it or be imprisoned Fâ—nes to be paid presently or kept to work till it be paid unless the Court or Judge that imposed the Fine sed cause to respite the same And in all Courts L. 2. p. 7. where any Fine or Fines or other Sums of Money shall be assessed or received Clerk to return all Fines to the Treasurer in fourteen dayes And also when any Magistrate or Commissioner shall assess any Fines or receive any Sum for the use of the Country by virtue of any special Order the Secretary or Clerk of each Court and every such Magistrate and Commissioner shall within fourteen dayes L. 1. p. 22. send a Transcript or Note of the said Fines and other dues to the Treasurer of the Country or County to whom it doth belong who shall forthwith give warrant to the Marshal to collect and levy the same And if no goods can be found to satisfie such Fine or other dues the Marshall shall Attach the Body of such persons Marshal to Attach the body where Goode are not c. and imprison them till satisfaction be made Provided that any Court of Assistants or County Court may discharge any such person from imprisonment if they be unable to make satisfaction 1638 46. Firing and Burning Firing of ground when lawful when forbidden IT is Ordered by this Court and Authority thereof that whosoever shall kindle any Fires in the Woods or Grounds lying in Common or inclosed so as the same shall run into Corn grounds or Inclosures before the tenth day of the first Month or after the last of the second Month or on the last day of the Week or on the Lords day shall pay all damages and half so much for a Fine or if not able to pay then to be Corporally punished by warrant from one-Magistrate or the next County Court as the offence shall deserve not exceeding twenty stripes for one offence Provided that any man may kindle fire in his own ground so as no danger come thereby either to the Country or to any particular person and whosoever shall wittingly and willingly burn or destroy any Frame Timber Hewed Sawen or Riven Heaps of Wood Charcoal Corn Hay Straw Hemp or Flax he shall pay double damages 2. Whereas some dwelling Houses A. 52. p. 11. and other Houses within this Jurisdiction have been set on Fire and the means or occasion thereof not discovered though some persons have been vehemently suspected to have been Instrumental therein The Court taking into consideration the danger of such a wicked practise especially in Towns where the Houses are near adjoyning and there being no Law yet provided for the punishment of so hainous a crime Doth therefore hereby Order and be it Enacted by the Authority of this Court that any person or persons whatsoever of the age of sixteen years and upward that shall after the publication hereof wittingly and willingly set on fire any Barn Stable Mill out House Stack of Wood Corn or Hay or any other thing of like nature shall upon due conviction by testimony or confession pay double damages to the party damnified and be severely whipt And if any person of the age aforesaid shall after the publication hereof Burning Houses wittingly and willingly and felloniously set on fire any Dwelling House Meeting House Store House or shall in like manner set on fire any out-House Barn Stable Leanto Stack of Hay Corn or Wood or any thing of like nature whereby any Dwelling House Meeting House or Store House cometh to be burnt the party or parties vehemently suspected thereof shall be apprehended by Warrant from one or more of the Magistrates and committed to Prison there to remain without Baile till the next Court of Assistants Capital who upon legal conviction by due proof or confession of the Crime shall adjudge such person or persons to be put to death and to forfeit so much of his Lands Goods or Chattels as shall make full satisfaction to the party or parties damnified 1652. Fish Fishermen VVHereas it hath been a custome for forreign Fishermen to make use of such Harbours and Grounds in this Country as have not been Inhabited by English men and to take Timber and Wood at their pleasure for all their occasions yet in these parts which are now possessed and the Lands disposed in proprieties unto several Towns and Persons by the Kings Graunt under the great Seal of England It is Declared Repealed pag. 5. 1661. That it is not Lawfull for any Person either Fisher-man or other either Forreigner or of this Country to enter upon the Lands so appropriate to any Town or Person or to take Wood or Timber in any such place without the Licence of such Town or Proprietor and if any person shall Trespass herein the Town or Proprietor so injured may take their remedy by action at Law or may preserve their goods or other interest by opposing Lawfull force against such unjust violence Provided that it shall be lawfull for such Fishermen as shall be imployed by any Inhabitants of this Jurisdiction in the several seasons of the year to make use of any of our Harbours and such Lands as are near adjoyning for the drying of their Fish or other needful occasions as also to have such Timber and Fire-wood as they shall have necessary use of for their Fishing-seasons where it may be spared so as they make due satisfaction for the same to such Town or Proprietor 1646. 2. Whereas much Damage hath crisen to Merchants trading hence by bad making of Fish and the credit of our Trade therein hath much suffered It is therefore Ordered That at every fishing place within this Jurisdiction some discreet and honest person be appointed by the Country Court A. 52. p. 9 10. unto which such Fishing place doth belong and those persons so nominated and appointed are by this Court impowred to give Oath unto such persons as shall be chosen by the deliverers and receivers of any Fish who have liberty hereby either of them to chuse one or more sufficient knowing men in such cases to view what Fish is delivered and received Sworn viewers of Fish at all Fishing places
men without partiallity as much as in you lyeth you shall not exceed the Limitations of a Governour in your place So help you God in our Lord Jesus Christ Deputy Governours Oath VVHereas you J. L. are Chosen to the place of the Deputy Governour c. as in the Governours Oath mutatis mutandis VVHereas you S. B. are Chosen to the place of Assistant over this Jurisdiction of the Massachusets for this year and untill new be chosen and Sworn Considering how you stand Obliged to the Kings Majesty his Heirs and Successors by our Charter and the Government established thereby Do Swear accordingly by the Great and dreadfull Name of the Ever-Living God Assistants Oath That you will bear Faith and true Allegiance to our Soveraigne Lord the King his Heirs and Successours That you will truely endeavour according to your best skill to carry and demean you selfe in your place for the said time according to the Laws of God and of this Land for the Advancement of the Gospel and the good of the People of this Jurisdiction You shall Dispense Justice equally and impartially according to your best skill in all Cases wherein you shall Act by Virue of your place You shall not wittingly and willingly exceed the Limitations of your place And all this to be understood during your aboad in this Jurisdiction So help you God in our Lord Jesus Christ Major Generals Oath VVHereas you J. L. have been Chosen to the Office of a Sergeant Major General of all the Military Forces of this Jurisdiction for this present year Considering how you stand Obliged to the Kings Majesty his Heirâ—s and Successors by our Charter and the Government established thereby Do Swear accordingly by the Great and dreadfull Name of the Ever Living God That you will bear Faith and true Allegiance to our Soveraigne Lord the King his Heires and Successours And that by your best skill and ability you will Faithfully discharge the Trust committed to you according to the Tenour and Purport of the Commission given you by this Court. So help you God c. VVHereas you R. R. are Chosen Treasurer for the Jurisdiction of the Massachusets for this year and until a new be Chosen Do promise to give out Warrants with all convenient diligence for collecting all such sums of Money as by any Court Treasurers Oath or otherwise have been or shall be appointed and to pay out the same by such sums and in such manner as you shall be lawfully appointed by this Court if you shall have it in your hands of the common Treasury And to return the names of such Constables as shall be failing in their office in not collecting and bringing in to you such sums as you shall give Warrant for And tender a true Accompt of all things concerning your said Office when by the General Court you shall be called thereto So help you God in our Lord Jesus Christ Secretaries Oath VVHereas you E. R. are chosen Secretary for the year ensuing You do here Swear by the Everliving God that you will in all things faithfully demean your self in the said Office That you will truely and uprightly according to your best skill and Wisdome frame all Acts and Instruments of publick concernment referring to your Office duely observing such Directions as shall from time to time be given unto you by the General Court or Council of this Common-weal and fairly Record and safely keep the same That you will not disclose the consultations of the General Court where at any time you shall have express charge of secresie nor of the Council where at any time you shall have like charge of secresie That you will without delay impart to the Governour or Deputy Governour what ever Letter or Information shall come to your hand referring to your Office and of publick Concernment to the Common-weal General Court or Council and that you will not wittingly or willingly exceed the limits of your place So help c. Publick Notaries Oath YOU W. A. here Swear by the Name of the Everliving God That in the Office of a Publick Notary to which you have been chosen You shall Demean your self diligently and faithfully according to the duty of your Office and in all Writings Instruments and Articles that you are to give Testimony unto when you shall be required you shall perform the same truely and sincerely according to the nature thereof without delay or Covin And you shall enter and keep a true Register of all such things as belong to your Office So help you c. Marshals Oath YOU E. M. shall diligently faithfully and with what speed you may collect and gather up all such fines and sums of money in such Goods as you can finde of every person for which you shall have Warrant so to do by the Treasurer for the time being And with like faithfulness speed and diligence leavie the Goods of every person for which you shall have Warrant so to do by virtue of any Execution granted by the Secretary or other Clerk Authorized thereunto for the time being And the same Goods so Collected or Leavied you shall with all convenient speed deliver in to the Treasurer or the persons to whom the same shall belong And you shall with like care and faithfulness ferve all Attachments directed to you which shall come to your hands and return the same to the Court where they are returnable at the times of the return thereof And you shall perform do and execute all such lawful Commands Directions and Warrants as by lawful Authority here established shall be committed to your care and charge according to your Office All these things in the presence of the living God you binde your self unto by this your Oath to perform during all the time you continue in your Office without favour fear or partiality of any person And if you meet with any case of difficulty which you cannot resolve by your self you may suspend till you may have Advice from Authority So help c. FOrasmuch as every Magistrate Associate Commissioners for small Causes c are under an Oath of God and that no provision hath been made for such as are invested with Magistratical power by this Court It is Ordered That every man to whom such power is derived shall henceforth take the Oath here under written before some County Court or Magistrate before he Exert his Authority therein Commissioners Oath VVHereas you A. B. Appointed and Commissionated to Act and Do in sundry respects as any one Magistrate may do as expressed in your Commission You do here Swear by the Great and Dreadful Name of the Everliving God that you will faithfully Demean your self therein with out favour or affection to any to the best of your knowledge according to the Laws here established So help you God c. Associates Oath YOU M. N. being chosen Associate for the Court for this year and till
wayes give sell barter or otherwise dispose of any Boat Skiffe or any greater Vessel unto any Indian or Indians whatsoever under the penalty of fifty pounds to be paid to the Country Treasurer for every such Vessel so sold or disposed as aforesaid 1656. 7. L. 1. p. 23. It is Ordered by this Court That in all places within this Jurisdiction the English shall keep their Cattle from destroying the Indians Corn Damage done to Indians in their Corn to be satissied in any ground where they have right to plant and if any of their Corn be destroyed for want of Fencing or Hearding the Town shall make satisfaction and shall have power among themselves to lay the charge where the occasion of the damage did arise Provided that the Indians shall make proof that the Cattle of such a Town Farm or Person did the damage And for incouragement of the Indians towards the Fencing in of their Corn-fields Help Ind Fence their Ground Such Towns Farms or Persons whose Cattle may annoy them that way shall Direct Assist and help them in felling of Trees riving and sharpning Rails and holing of Posts allowing one English-man to three or more Indians And shall also draw the fencing into place for them and allow one man a day or two towards the setting up the same and either lend or sell them Tools to finish it Provided that such Indians to whom the Country or any Town have given or shall give Ground to plant upon or shall purchase ground of the English shall Fence such their Corn Fields or Ground at their own charge as the English do or should do And if any Indian refuse to fence their Corn Ground being tendred help as aforesaid in the presence and hearing of sufficient witnesses they shall keep off all Cattle or lose their damages And it is also Ordered that if any harm be done at any time by the Indians unto the English in their Cattle Indians to pay for hurt done to Cattle the Governour or Deputy Governour with two of the Assistants or any three Magistrates or any County Court may order satisfaction according to Law and Justice 1640. 48. 8. Whereas one end in planting these parts was to propagate the true Religion unto the Indians and that divers of them are become subject to the English and have engaged themselves to be willing and ready to understand the Law of God Izwe to be publured to the indians It is therefore Ordered That such necessary and wholsome Laws which are in force and may be made from time to time to reduce them to civility of life shall be once a year if the times be safe made known to them by such fit persons as the General Court shall appoint 9. For the better Ordering and Governing the Indians subject to us A. 58. especially those of Natick and Punquepaog It is Ordered that whomsoever the Court shall appoint do take care that all such Indians do live according to our Laws as far as they are capable and to that end shall be Authorized to constitute and appoint Indian Commissioners in their several Plantations to hear and determine all such matters that do arise amongst themselves as one Magistrate may do amongst the English with Officers to execute all Commands and Warrants as Marshal and Constables Courts to be kept among the Indians And further they joyntly shall have the power of a County Court to hear and determine all causes arising among them the English Magistrate appointing the time and place of the Court and consenting to the determination or judgement and all other matters beyond their cognizance shall be issued and determined by the Court of Assiliants 10. And it is Ordered Powaws sorbâ—â—lden that no Indian shall at any time Powaw or perform outward worship to their salse Gods or to the Devil in any part of our Jurisdiction whether they be such as shall dwell here or shall come hither and if any shall transgress this Law the Powawer shall pay five pounds the procurer five pounds Towns to refirain Indians from prophaning the Sabbath and every other countenancing by his presence or otherwise being of age of discretion twenty shillings and every Town shall have power to restrain all Indians that shall come into their Towns from prophaning the Lords day 1633 37 40 41 42 46 48 56 57 58. VVHereas the sin of Drunkenness amongst the Indians doth much increase order to prevent Drunaenness in Indians notwithstanding the Laws provided against that crying sin This Court doth therefore Order that any person or persons that shall see know or finde any Indian with any strong Liquors Wine or strong Drink that such Indians have any way gotten without Order as the Law directs shall have power to seize the same Their strong-Liquor c. to be seized by any person and to deliver the said strong-Drink to the Constables of the Town or Place where such Indians are found with their persons to be conveyed before some Magistrate or Commissioner who have power to deal in such cases and such Indians as are found Drunk being apprehended and will not confess how or where they had the said Wine Liquors or strong Drink shall be secured or imprisoned until they make a just acknowledgement where they had their Drink asoresaid or committed to the House of Correction and there labour to discharge the charge of their provision Their accusation against persons to be evidence unless the party clear himself on Oath c. And if any such Indian do accuse any person for selling or delivering strong Drink unto them such Indian accusation shall be accounted valid against any such person accused except such persons shall clear themselves by taking their Oath to the contrary any Law or Custome to the contrary notwithstanding And it is also further Ordered that whatsoever Indian shall hereafter be taken Drunk If Drunk to pay ren shillings or be whipt with ten stripes c. shall pay the sum of ten shillings or else be whipt by laying on ten stripes according to the discretion of the Judge whether Magistrate or Commissioner who shall have cognizance of the case And in all Towns where no Magistrate or Commissioners are such Cases shall be judged by the Select men or major part of them 1666. Trade with Indians for peltry Amunition regulated IT is Ordered by this Court and the Authority thereof That henceforth every person that is or shall be allowed by the Treasurer of the Country to Trade Peltry or Skins with the Indians shall have liberty to sell unto any Indian or Indians not in Hostility with us or any of the English in New England Powder Shot Lead Guns i. e. Hand Guns Rapier or Sword blades Provided he or they pay unto the Country Treasurer every half year in money sixpence a pound for every pound of Powder sixpence for every ten pounds of Shot or Lead Every allowed
Trader paying to the Country Treasurer several sums appointed c. three shillings for every Gun three shillings for every dozen of Rapier or Sword blades and so proportionably for any quantity that he or they shall sell to any Indian or Indians and every such person allowed to Trade as aforesaid shall upon Oath deliver to the Treasurer a true and just account of the particulars of the abovementioned Commodities by him or them sold unto any Indian or Indians And it is further Ordered that any person allowed as before that shall be convicted before any two Magistrates or County Court of selling or bartering any of the forementioned Commodities unto any Indian whereof he or they have not given a true and just account and made due payment unto the Treasurer as is above expressed every such person or persons shall forfeit to the publick Treasury five pounds sterling for every pound of Powder five pounds for every ten pounds of Shot or Lead ten pounds for every Gun great or small and ten pounds for every dozen of Rapier or Sword blades and so proportionably for any quantity of the aforesaid Commodities sold or bartered by him or them to any Indian or Indians and all persons except such as are allowed are hereby prohibited from selling any of the forementioned Commodities unto any Indian or Indians upon the penalty expressed in the Law tit Indians Sect. 2. And this Order to continue in force during the Courts pleasure any Law or Order to the contrary notwithstanding 1668. INDITEMENTS IT is Ordered by this Court That no person shall be Indited A. 52. p. 10. Presented Informed against or Complained of to any Court or Magistrate within this Jurisdiction for the breach of any penal Law or any other misdemeanour the forfeiture whereof belongs to the Country Complaints and Presentments to be made within a year unless the said Inditement or Complaint be made and exhibited within one year after the offence be committed and if any such Inditement Presentment Information or Complaint be not made within the time limited then the same shall be void and of none effect Provided alwayes this Law shall not extend to any Capital Offences nor any Crimes that may concern loss of Member or Banishment or to any Treasonable Plots or Conspiracies against the Common-wealth nor to any Felonies above ten shillings nor shall it hinder any person grieved or that hath any wrong done to him or his Wife Children or Servants or Estate real or personal but that every such person shall have such remedies as formerly he might or ought to have 1652. In-keepers Ordinaries Tipling Drunkenness FOrasmuch as there is a necessary use of Houses of Common Entertainment in every Common-wealth and of such as Retail Wine Beer and Victuals yet because there are so many abuses both by persons entertaining and by persons entertained None to keep Ordinaries without License It is therefore Ordered by this Court and Authority thereof That no person or persons shall at any time under any pretence or colour whatsoever undertake to be a Common Victualler Keeper of a Cooks shop or House for Common Entertainment Taverner or publick Seller of Wine Ale Beer or Strong-waters by Retail nor shall any sell Wine privately in his House or out of doors by a less quantity then Quarter Cask without approbation of the Selected Townsmen and Licenâ—e of the County Court where they dwell A. 58. upon pain of forfeiture of five pounds for every such offence or Imprisonment at the pleasure of the Court. Liberty to sell Win c Strong-waters by tetail Provided it shall be lawful for any whole sale Merchant of Wines or the present Stillers of Strong-waters being Masters of Families or such as receive the same from forreign parts in Cases c. or makers of Cyder to sell by Retail Provided the quantity of Wine and Cyder be not less then three Gallons at a time to one person nor Strong-waters less then a quart and that it be only to Masters of Families of good and honest report or persons going to Sea and they suffer not any person to drink the same their Houses Cellars or Yards Ordinaries I have Sighes And every person so Licensed for Common Entertainment shall have some inoffensive Sign obvious for direction of Strangers and such as have no such Signe after three Months so Licensed shall lose their License and others be allowed in their stead 2. And every person Licensed to keep an Ordinary L. 2. p. 13. shall alwayes be provided of Strong Wholsome Beer A. 51. p. 4. of four Bushels of Malt at the least to a Hogshead A. 53. p. 19. which he shall not sell at above two pence the Ale quart upon penalty of forty shillings for the first offence To be alwayes provided with strong Beer aâ—d per quart and for the second offence to lose his License And it is permitted to any that will to sell Beer out of doors at one penny the Ale quart or under VVHereas the Law tit In-keepers Sect. 2. hath provided that every person Licenced to keep an Ordinary shall alwayes be provided of strong wholsome Beer of four Bushels of Malt at the least to a Hogshead which was Intended and is hereby Declared to be of good Barly Malt not to be sold for above two pence the Ale quart on penalty as in the said Law is expressed notwithstanding which many keepers of Inns and Ordinaries as regardless of the said Law or of the debasing of the produce of the Country take liberty to make and sell Drink Brewed of or mixed with Melasses course Sugar or other Materials to the damage just offence and prejudice of sundry persons Four Bushels of Barly Malt in a Hogshead It is therefore Ordered by this Court and the Authority thereof that no person Licensed as aforesaid shall after publication hereof sell or any wayes utter any Beer Ale or Drink instead thereof by Retail that is not made altogether of good Barly Malt without any mixture of Melasses course Sugar or other Materials instead of Malt on penalty of five pounds for every such offence one half to the Informer the other half to the County where such offence shall be committed besides the penalties in the former recited Law expresses on Complaint to any Magistrate County Court or Commissioner for Boston unless the party complained of shall legally prove his or her Innocency therein in which case it shall be in the liberty of the Authority as aforesaid to accept the Oath of such person if tendred to him or them if they see cause And the Authority aforesaid are hereby impowred to hear and determine such Complaints any Law Custome or Usage to the Contrary notwithstanding 1667. 3. And no Licensed person as aforesaid L. 1. p. 30. shall suffer any to be Drunk or to Drink Excessively viz. above half a pint of Wine for one person at a time