forth shall be liable to respond his part upon ensurance according to the Custome of Merchants which ensurance is to be defalked out of that part of hire due for such owners which dissented SECT III. Whereas Masters of Ships or other Vessels have their Owners live part in one Country and part in another whereby they have in themselves not only oportunity and some have made use thereof in their own persons to represent the major part of the Owners in the place where he comes It is therefore Ordered that such Master shall not be taken to have Vote in the ordering of such Vessel further then his own interest Masters to have but single votes except he make it appear to the rest of the Owners where he is that he is Authorized under the hands of such Owners absent and then he is to have Votes according to the proportion of parts he so stands for and the majority of parts are to carry it as before nevertheless it is to be understood that any Owner hath power to make sale of his part either to the rest of the Owners or others as may be most to his own advantage and if any Master shall presume to act contrary hereunto what damage shall be sustained by the rest of the Owners the Master shall be liable to make good it being duely proved against him SECT IV. All Masters taking charge as Masters of Ships or other Vessels and not being sufficient to discharge his place or that through negligence or otherwise Penalty of Masters and Marriners non-attendance on board shall imbezel the Owners or Imployers Stock or time or that shall suffer his men to neglect their due attendance on board both by day and night especially when or whilest Merchants Goods are on board and that Himself or Mate be not on board every night to see good Orders kept upon defect therein such Master shall be liable to pay the damage that shall accrue by such neglect it being duely proved against him SECT V. For the Masters better securing their men to them and to prevent all Coven they shall make clear agreements with their Marriners Masters to make particular agreement with Seamen and Officers for their wages and those agreements enter into a Book and take the several mens hands thereto a copy whereof the Master as a Portlige Bill shall leave with their Owners if required of them before their setting saile upon the Voyage and all such agreements the Master shall make good to the Sea-men and such Ship or Vessel as they saile in shall be liable for to make good the same SECT VI. Masters to make due provisions c. All Masters of greater or lesser Vessels shall make due and meet provisions of Victuals and Drink for their Sea-men or Passengers according to the laudable custome of our English Nation as the Custome and Capacity of the places they saile from will admit upon penalty of paying damages sustained for neglect thereof SECT VII No Masters to entertain Sea-men not discharged Nor Sea-men to enter themselves till cleared c That no Master shall Ship any Sea-man or Marriner that is shipt before by another Master or Imployer upon a Voyage nor shall any Sea-man ship himself to any other man until he be discharged from him that shipt him first upon penalty of him that entertains him to pay one months pay that such Sea-man agrees for as also of such Sea-man shipping himself to pay one months pay that he agrees for the half thereof to be paid to the use of the poor of the Town or place where the offence is committed the other half to the complainer or informer SECT VIII Masters prohibited from sailing into any Port but what bound to No Master of Ship or Vessel shall saile into any Haven or Port except necessitated thereunto by Wind or Weather or for want of provision or for security from Pirates but such Port as by charter party or his Bill of Lading he is bound unto until he hath delivered his Goods according to his engagement and in case any Master shall take in goods for more Ports and Places then one he shall declare himself so to do to to those that Fraight upon him and in case he shall voluntarily go to any other Port or Harbour then he is obliged to as above if damage to the Merchants goods happen thereby such Master shall make good the same it being duely proved against him SECT IX Masters may alter their voyages in case Any Master hired out or imployed by his Owners upon any Voyage receiving advice from his imployers that the alteration of the Voyage when they are abroad may be much for their security and advantage by going to some other port the Master seeing meet to close with that advice Sea-mans Contracts to stand good the Marriners shall not hinder his proceed unless where any of the Sea-men shall have made a particular contract with the Master to the Contrary Provided that they be not carried to stay out above one year nor be carried to any place where they may be liable to be pressed into a service they are not willing unto SECT X. Masters to pay wages according to agreement Masters shall see that their Officers and Marriners be duely paid their Wages according to agreement made with them upon the finishing of their Voyage without delay or trouble upon penalty of paying damages for neglect and all costs that the Sea-men shall be at for recovering the same SECT XI Whereas many times Masters take in Merchants Goods on board their Ships or Vessels upon Fraight when yet they are not meetly sitted with suitable Tackling and Sea-men for the security of such Ships or Vessels and Goods Masters-Ships Seamen to bear loss of goods damnified by their neglect or want of Ground tacle It is Ordered That in case any Master of Ship or Vessel after he hath Laden upon his Ship or Vessel any Merchants Goods to be transported shall for want of sufficient ground tackle if to be had or because of want of sufficient men being on board come a shore to the damage of such Merchants or Fraighters in their Goods the Ship shall be liable to make good such damages and in case the defect appear to be in the Master and Men both or either the Owners shall recover such damage from them SECT XII Where any Ship-Master hath Mored his Ship or Vessel none other shall come so near to him first Mored as to do him damage Damage upon goods when ships fall foul or receive damage by him upon the penalty of him so comeing to make good all the damage and to be farther punished if wilfulness or perverseness in the action be proved against him SECT XIII Masters Running on board any ship at Author c. In case any Master of Ship or Vessel under saile shall run on board any other Ship or Vessel at an Anchor and damnifie him
to withdraw his Action or to be non-suited before the Jury have given in their verdict in which case he shall alwayes pay full costs and charges to the defendant and may afterward reniew his Suit at another Court. 1641. 8. And it is Ordered that no man in any Suit or Action against another L 1. p. 16.49 shall falsely pretend great Damages or Debts to vex his Adversary and in all cases where it appears to the Court Vexatious Suits to pay treble damage and be fined 40. shill that the Plaintiffe hath willingly and wittingly done wrong to the Defendants in commencing and prosecuting any Action Suit Complaint or Inditement in his own name or in the name of others he shall pay treble damages to the party grieved and be fined Forty shillings to the common Treasury 1641.46 APPEAL IT is Ordered by this Court and the Authority thereof That it shall be in the liberty of every man cast Liberty to appeal condemned or Sentenced in any Inferiour Court to make his Appeal to the Court of Assistants as also to appeal from the sentence of one Magistrate or other persons deputed to hear and determine small causes unto the shire Court of each Jurisdiction where the cause was determined Provided they tender their Appeal before Execution and put in security before the Judges of the Court to prosecute it to effect and also to satisfie all damages before execution granted which shall not be till twelve hours after Judgement except by special order of the Court. In criminal cases to be bound to the good behaviour And if the cause be of a criminal nature then also to put in security for the good behaviour and appearance at the same time and if the point of appeal be in matter of Law then to be determined by the Bench if in matter of fact by the Bench and Jury And if in the Court of Assistants two of five three of seven Appeals to the General Court or such a proportion of the Magistrates then present shall actually dissent from the sentence of the Court in any Capitall offence it shall then be in the liberty of the party sentenced to appeal to the next General Court 2. It is further Ordered That all Appeals with the security as aforesaid shall be recorded at the charge of the party Appealing L. 2. p. 1. and certified unto the Court to which they are made And the party Appealing shall briefly in writing without reflecting on Court or Parties Appealant to give his reasons six dayes before by provoking Language under his own or his Atturnies hand give in to the Clerk of the Court from which he did Appeal the Grounds and Reasons of his Appeal six dayes before the beginning of the Court A. 51. p. 1. to which he did Appeal to which Court the said Clerk shall return the said writing and give copies thereof to the Defendant if he desire the same Not prosecuting an Appeal forfeit forty shill And whosoever shall Appeal from the Sentence of any Court and not prosecute the same to effect according to Law shall besides his Bond to the party forfeit to the Country the sum of Forty shillings for every such neglect 3. And for a more clear and equal hearing and determining all Cases of Appeal A. 43. p. 19. It is Ordered That no person that hath sate as Judge or voted in any inferiour Court in that case he is Appealed from shall have any vote in the Superiour Court Appealed to No Judge Appealed from may judge the action of Appeal but the case shall be determined by such as are no wayes engaged in the same by Judging or Voting formerly Provided there be more Magistrates Appealed to then those that sate in the Court Appealed from A. 54. p. 2. And in all cases of Appeal the Court Appealed to shall Judge the case Errour may be rectified with reversing the former judgement according to former Evidence and no other rectifying what is amiss therein and where the matter of fact is found to agree with the former Court and the Judgement according to Law not to revoke the Sentence or Judgement but to abate or increase damages as shall be judged right any use or custome to the contrary notwithstanding 1642. 47. 49. 50. 53. 54. ON a motion of the Deputies of Dover and Portsmouth in behalf of most of the Freeman there Appeal from the Associate Court in Dover and Portsmouth tryable That whereas they have power in their Associate Courts to try any Case under Twenty pounds and finding no Law where they may Appeal but to the Court of Assistants the Actions being many times very small and is great charge to come to Boston for every small Case it is their desire that the Court would grant them an Order that any person cost or condemned may Appeal to the County Court held in Dover or Portsmouth and that some persons may haâ—e Magistratical Power in that County as formerly The Court judgeth it meet to grant their request And it is Ordered that henceforth it shall be in the liberty of Plaintiffe and Defendant in all Cases tryable before the Court of Associates in Portsmouth and Dover to Appeal to their next County Court in Dover or Portsmouth as in other cases any custome or usage to the contrary notwithstanding 1670. Appearance Non-appearance Immunity from punishment in case of inevitable obstruction IT is Ordered by this Court and the Authority thereof That no man shall be punished for not appearing at or before any Civil Assembly Court Council Magistrate or Officer nor for the omission of any Office or Service if he shall be necessarily hindred by any apparent Act or Providence of God which he could neither foresee nor avoid Provided that this Law shall not prejudice any person of his just cost and damage in civil action 1641. APPAREL ALthough several Declarations and Orders have been made by this Court against excess in Apparel both of Men and Women A. 51. p. 5. which have not taken that effect as were to be desired but on the contrary we cannot but to our grief take notice that intollerable excess and bravery hath crept in upon us and especially amongst people of mean condition to the dishonour of God the scandall of our profession the consumption of Estates Excess in Apparel proâ—ibiâ—â—â—â— and altogether unsuitable to our poverty and although we acknowledge it to be a matter of much difficulty in regard of the blindness of mens minds and the stubborness of their wills to set down exact Rules to confine all sorts of persons yet we cannot but account it our duty to commend unto all sorts of persons the sober and moderate use of those blessings which beyond expectation the Lord hath been pleased to afford unto us in this wilderness and also to declare our utter detestation and dislike that men or women of mean condition
pound profit by the Butte or Pipe of Wine and proportionably for all other Vessels towards his waste in drawing and otherwise out of which allowance every such Taverner or Vintner shall pay fifty shillings by the Butte or Pipe and proportionably for all other Vessels to the Country for which they shall account with the Treasurer or his Deputy every six Months and discharge the same all which they may do by selling six pence a quart in Retail which they shall no time exceed more then it cost by the Burt Besides the benefit of their Art and Mystery which they know how to make use of To give notice to the Treasurer what Wine they buy And every Taverner or Vintner shall give a true account and notice unto the Treasurer or his Deputy of every Vessel of Wine he buyes from time to time within three dayes upon pain of forfeiting the same or the value thereof the one half to the Country the other half to the Treasurer and Informer And it is Ordered that the said Impost shall from time to time be paid in Wines at Merchantable price A. 58. or other equivalent Merchantable good pay to the content of the Treasurer and that the Treasurer shall take special care in collecting the same who is hereby impowred to substitute such Deputies under him as he shall see meet in the several Towns for his help and furtherance herein Treasurer to have 2. s. per li. of this Impost for all which pains and care he shall be allowed two shillings in the pound of all such Imposts as he shall bring into his Annual account with the Country Provided alwayes that if any Vintner Taverner or Retailer of Wines shall give an account to the Treasurer of any part of any Wine entred as abovesaid that he hath sold away again by whole-sale being no less in quantity then a Quarter Cask to one person at one time and shall truely certifie the person who had it and the time when Sellers of strong water to give notice to the Mâ—rshal within 3 dayes such person or persons shall be abated of their Impost in proportion to what they have sold And all such as Retail strong Waters shall in like manner pay two pence upon every quart to the use of the Country who shall also give notice to the Marshal General of every Case and Bottle or other quantity they buy within three dayes upon pain of forfeiture as before 12. And it is Ordered L. 2. p. 31. That in all places where Week day Lectures are kept all Taverners Victuallers and Ordinaries that are within one mile of the Meeting-house to which they belong Ordinary keeper to clear their houses in meeting time shall from time to time clear their Houses of all persons able to go to Meeting during the time of the exercise except upon extraordinary cause for the necessary refreshing of Strangers unexpectedly repairing to them upon pain of five shâ—llings for every such offence over and besides the penalties incurred by this Law for any other disorder One Magistâ— to hear deterâ—â—â—â— all oâ—feâ—ces against this Law 13. It is also Ordered That all offences against this Law may be heard and determined by any one Magistrate who shall hereby have power by warrant to send for and examine parties and witnesses concerning any of these offences and upon due conviction either by view of the said Magistrate or Affirmation of the Constable and one sufficient witness with circumstances concurring or two witnesses or confession of the party to leavy the said several fines by warrant to the Constable for that end Delinquents Testimony And if any person shall voluntarily confess his offence against this Law in any the particulars thereof his Oath shall be taken in evidence and stand good against any other offending at the same time Constable to search in Ordinaties 14. It is further Ordered by the Authority aforesaid That all Constables may and shall from time to time duely make search throughout the limits of their Towns upon Lords dayes and Lecture dayes in times of exercise and also at all other times so oft as they shall see cause for all Offences and Offenders against this Law in any the particulars thereof And if upon due Information or Complaint Constab neglect of any of their Inhabitants or other credible persons whither Taverner Victualler Tabler or other they shall refuse or neglect to make search as aforesaid or shall not to their power perform all other things belonging to their place and office of Constable then upon complaint and due proof before any one Magistrate within three Months of such refusal or neglect they shall be fined for every such offence ten shillings Fined 10. â— to be leavied by the Marshal as in other cases by Warrant from such Magistrate before whom they are Convicted or Warrant from the Treasurer upon notice from such Magistrate 15. And because it is difficult to Order and keep the Houses for publick Entertainment in conformity to the wholsome Laws established A. 57. p. 21. as is necessary for preventing Drunkenness excessive Drinking vain Expences of money Time and the abuse of the good Creatures of God Ordinaries to reniew their License yearly It is therefore Ordered by this Court and the Authority thereof That no person or persons hereafter shall be Licensed to keep a House of Common entertainment for any longer then one year at one time and that such as keep Houses of publick entertainment the present Vintuers during their contract excepted shall and hereby are enjoyned once every year to repair to the several County Courts for reniewing their several Licenses for which they shall pay two shillings six pence to the Clerk of the Court or else they shall forfeit fire pounds as unlicensed Ale house-keepers 1645 46 47 48 51 53 57 58. UPon complaint of the great abvses that are daily committed by the Retailers of Strong-waters Rhâ—m c. both by the Stillers thereof and such as have it from forraigne parts None to Still or Retail Liquors without License This Court do therefore Order that henceforth no person or persons shall practise the Craft of Stilling Strong waters nor shall sell or Retail any by less quantities then a Quarter Cask and the same to be delivered not at several times or in several parcels but at one time without Covin or Fraud excepting only such as shall be allowed Annually by the County Courts respectively on penalty of five pounds forfeiture for every time that any person or persons shall be legally convicted thereof any I aw Usage or Custome or former Liechies to the contrary notwithstanding Provided alwayes this I aw shall not prohibit such Merchants as have Strong liquors from forreigne parts in Cases from selling the same by the whole Case either to such as are going to Sea or to Masters of Families of good report 1661. THis Court being sensible of
bring in to the Clerk of the Writts in their several Towns the Names of such persons belonging to them or any of them as shall either be Born or Dye And also every new-Married Man shall likewise bring a Certificate under the hand of the Magistrate which Married him unto the said Clerk to be by him Recorded who shall be allowed three pence for the same and the said Clerk shall deliver as aforesaid unto the Recorder a Certificate with a penny a Name for Recording the said Marriage And if any person shall neglect to bring a Note or Certificate as aforesaid together with three pence a Name to the said Clerk of the Writts to be Recorded more then one Month after such Birth Death or Marriage he shall pay twelve pence to the said Clerk Penalty of not certifying who shall demand the same and in case any shall refuse to satisfie him he shall then return the Name of such person or persons to the next Magistrate or Commissioners of the Town where such person dwells A. 54. p. 24. who shall send for the party so refusing And in case he shall still persâ—st therein shall give Order to the Constable to leavie the some And if any Clerk of the Writts shall neglect his duty hereby enjoyned he shall pay the following penalties viz. for neglecting a yearly return to the County Court five pounds Clerk to return all Births deaths c. to the County Court and for neglect of returning the name of any person returnable by this Order whether Born Married or Dead more then thirty dayes before his return to the County Court five shillings and that no neglect may be herein for the future the Clerk of each County Court is hereby enjoyned from time to time to certifie the County Courts respectively the Names of all such Clerks of the Writts who shall neglect to make their yearly return according to this Law who upon such notice given shall send for such Clerks and do in the case as the Law requireth 3. It is Ordered and Declared That every man shall have liberty to Record in the publick Rolls of any Court L. 1. p. 47. any Testimony given upon Oath in the same Court or before two Magistrates or any Deed or Evidence legally confirmed there to remain in perpetuam rei memoriam Liberty to record testimonies and evidences And that every Inhabitant of the Country shall have free liberty to search and view any Rolls Records or Registers of any Court or Office to view publick Records except of the Council and to have a Transcript or Exemplification thereof Written Examined and Signed by the hand of the Officer paying the accustomed fees And if any person or person repairing to any publick Officer of this Jurisdiction to view any Record or Writings committed to his charge A. 52. p. 9. shall wittingly and willingly Deface or Rent any such Record or Writing upon complaint of such Officer to any Magistrate and proof by Oath of the said Officer or other sufficient Witness every person so offending shall forfeit by the party concerned therein treble the damage that might have ensued or accrued to him or them thereby and shall also be fined as much to the Country Penalty of defacing Records or suffer two Months Imprisonment without Baile or Main-prize or stand in the Pillory two hours in Boston Market with a Paper over his head written in Capital Letters A DEFACER OF RECORDS the special or particular punishment to be determined by the next County Court where the Offence was committed and shall also stand bound to the good Behaviour during the pleasure of the Court. 1639 42 43 44 47 52 57. Directions to Court Officers to grant Copies c. REsolved upon the Question That the words Rolls Records or Register of any Court or office contained in the Printed Laws tit Records c. Sect. 3. pag. 69. are to be Interpreted and understood only of such Acts of Court as concern particular persons in matters of Justice Licence Grant or Approbation or of such Laws as are of publick concernment 1665. Seasonable transcribing and delivery of matters of publick concern by the Secretary VVHereas by reason that the Orders of this Court referring to the Commissionating Appointing and Impowring any particular person or persons for any special trust negotiation or other matter as from time to time do arise are not duely and seasonably Transcribed and Delivered to those concerned therein the expectation of this Court is many times disappointed and damage to the publick doth inevitably accrue It is therefore Ordered by this Court That the Secretary from time to time To the Marshal General within ten dayes after the end of every Sessions of the General Court shall Copy out all such special Orders of this Court as abovesaid and deliver the same to the Marshal General who shall receive the same at the Secretaries house and take Order for the speedy and certain conveyance thereof to those whom they are especially directed unto And for such Orders as do require a more speedy dispatch then the time above limited the Officers above-named shall accordingly hasten the same Marshal General to attend the Treasurers and Secretaries directions c. Also the Marshal General shall from time to time receive all Warrants that are to be sent to the several Towns from the Country Treasurer as also the Laws that are at any time to be published either Printed or Written and cause them to be delivered according to the direction given him from the Treasurer or Secretary 1668. REPLEVIN IT is Ordered and by this Court Declared That every man shall have liberty to Replevie his Chattel or Goods in pounded Distreined Seized or Extended unless it be upon Execution after Judgement and in payment of fines Provided he put in good Security to prosecute the Replevin and to satisfie such Demand as his Adversary shall recover against him in Law 1641. SABBATH UPon Information of sundry Abuses and Misdemeanours committed by divers Persons on the Lords-day A. 53. p. 18. not only by Children playing in the Streets and other places But by Youths Maids and other persons both Strangers and others uncivity walking in the Streets and Fields travailing from Town to Town going on Ship board frequenting Common Houses and other places to Drink Sport or otherwise to mâ—spend that precious time which thing tends much to the Dishonour of God the Reproach of Religion Grâ—â—ring the Souls of Gods Servants and the Irephanation of his Holy Sabbath the Sanctification whereof is sometimes put for all Duties immediately respecting the service of God contained in the first Table It is therefore Ordered by this Court and the Authority thereof That no Children Youth Maids or other persons shall transgress in the like kinde on penalty of being reputed great provokers of the high displeasure of the Almighty God Prophaness of the Sabbath and further incurre
the penalty hereafter expressed viz. That the Parents and Governours of all Children above seaven years old not that we approve younger Children in evil for the first offence in that kinde Penalty upon due proof before any Magistrate Commissioner or Selectâ—man of the Town where such offence shall be committed shall be Admonished For a second offence upon due proof as aforesaid shall pay as a fine five shillings And for a third offence upon due proof as aforesaid ten shillings And if they shall again offend in that kinde they shall be presented to the County Court who shall augment punishment according to the merit of the Fact And for all Youths and Maids above fourteen years old and all elder persons whatsoever that shall offend and be convict as aforesaid either for Playing uncivil Walking Drinking Travailing from Town to Town going on Ship board Sporting or any way mispending that precious time shall for the first offence be admonished upon due proof as aforesaid for a second Offence shall pay as a fine five shillings and for the third offence ten shillings And if any shall further offend that way they shall be bound over to the next County Court who shall augment punishment according to the nature of the offence And if any be unable or unwilling to pay the aforesaid fines they shall be whipped by the Constable not exceeding five stripes for ten shillings fine and this to be understood of such offences as shall be committed during the Day-light of the Lords day 1653 2. Whereas by too sad experience it is observed the Sun being set both every Satterday and on the Lords-day A. 52 young people and others take liberty to walk and sport themselves in the streets or fields in the several Towns of this Jurisdiction to the Dishonour of God and the Disturbance of others in their Religious exercises and too frequently repair to publick Houses of Entertainment and there sit Drinking all which tends not only to the hindring of due preparation for the Sabbath but as much as in them lyeth renders the Ordinances of God unprofitable and threatens the rooting out of the power of Godliness and procuring the wrath and judgement of God upon us and our posterity For prevention whereof It is Ordered by this Court and the Authority thereof That if any person or persons henceforth either on the Satter-day-night Drinking in Ordiâ—â—â—ies â—â—â—er Sun set or on the Lords-day-night after the Sun is set shall be found sporting in the streets or fields of any Town in this Jurisdiction Drinking or being in any House of publick Entertainment unless Strangers or Sojourners in their Lodgings and cannot give a satisfactory Reason to such Magistrate or Commissioner in the several Towns as shall have the cognizance thereof Penalty Every such person so found complained of and proved transgressing shall pay five shillings for every such Transgression or suffer Corporal punishment as Authority aforesaid shall determine 1658. THis Court being sensible that through the wicked practises of many persons who do prophane Gods Holy Sabbaths and contemn the publick Worship of his House the Name of God is greatly dishonoured and the Profession of his People here greatly scandalized as tending to all Prophaneness and Irreligion As also that by reason of the late Order of Octob. 20. 1663. remitting the fines imposed on such to the use of the several Towns the Laws made for reclaiming such Enormities are become ineffectual Do therefore Order and Enact That henceforth all fines imposed according to Law for Prophanation of the Sabbath Contempt or Neglect of Gods publick Worship Reproaching of the Laws and Authority here Established according to His Majesties Charter All fâ—ne for Pâ—â—pâ—â—â—â—â—ion of tâ—e Sâ—â—â—â—◠〈◊〉 formerly to â—â—e to the â—ountiesâ— c. shall be to the use of the several Counties as formerly Any thing in the abovesaid Law to the contrary notwithstanding And in case any person or persons so sentenced do neglect or refuse to pay such Fine or Mulcts as shall be legally imposed on them or give Security in Court to the Treasurer for payment thereof every such person or persons so refusing or neglecting to submit to the Courts Sentence shall for such his Contempt be Corporally punished according as the Court that hath cognizance of the case shall determine And where any are Corporally punished their sines shall be remitted 1665. FOr the better Prevention of the Breach of the Sabbath It is Enacted by this Court and the Authority thereof That no servile work shall be done on that day namely such as are not works of Piety Sabbath-breakers of Charity or of Necessity and when other works are done on that day the persons so doing upon Complaint or Presentment being legally convicted thereof before any Magistrate or County Court shall pay for the first offence ten shillings fine and for every offence after to be doubled and in case the offence herein be circumstanced with Prophaness or high handed Presumption the penalty is to be augmented at the discretion of the Judges As an addition to the Law for preventing Prophaning the Sabbath day by doing servile work This Court doth Order That whatsoever person in this Jurisdiction shall Travail upon the Lords-day either on Horse-back or on Foot or by Boats from or out of their own Town to any unlawful Assembly or Meeting not allowed by Law are hereby declared to be Prophaners of the Sabbath and shall be provided against as the persons that Prophane the Lords-day by doing servile work 1668. SAILERS VVHereas many Miscarriages are committed by Saylers L. 2. P. 14. by their immoderate Drinking and other vain expences in Ordinaries which oftentimes occasions prejudice and damage to the Masters and Owners of the Vessels to which they belong their men being oftentimes Arrested for Debts so made when their Ships are ready to set saile For Prevention whereof It is Ordered by this Court and the Authority thereof That no Inne-keeper Victualler or other Seller of Wine Beer or Strong Liquors shall after publication hereof Arrest Attach or recover by Law any Debt or Debts so made by any Sayler or Saylors as aforesaid except the Master or Owner of such Ship or Vessel to whom such Saylers belongs have given under his hand to discharge the same Any Law Use or Custome to the contrary notwithstanding SALT UPon Information given to this Court of great damage accruing both to Merchants and others by reason no meet persons are appointed for to measure Salt from such Ships as arrive in our several Harbours This Court doth therefore Order and Enact That there shall be in every Maritime Town within this Jurisdiction one meet person appointed by the Town from time to time who shall diligently attend this service upon due notice given by either party concerned therein Sâ—lt to be measured and the same truely and faithfully to discharge for which he shall be allowed three half pence for every Hogshead
the Names of those young persons within the Bounds of your Town and all adjacent Farms though out of all Town Bounds who do live from under Family Government viz. do not serve their Parents or Masters as Children Apprentices Hired Servants or â—oâ—rney-men ought to do and usually did iâ—â— our Nature Country being subject to their Commands and Discipline and the same you are to return to the next Court to be held at _____ on tâ—e _____ day of _____ and hereof you are to make a true Return under your hand and not to faile VVHereas in the Law tit Town-ships The several Towns and Select-men of the said Towns have power to impose Penalties as the Law directs And whereas many Constables question whether it be their Duty to serve Warrants from the Select-men for Persons to appear before them and to leavie fines For the removal of such Doubts as an Addition to the said Law This Court doth Order and Require That all Constables respectively shall serve all Warrants from the Select-men and leavie all such fines as shall be imposed by the said Town or Select men 1671. TREASVRERS To keep perfect Accompts IT is Ordered by this Court and the Authority thereof That the Country Treasurer shall from time to time keep exact and perfect Books of Accompts of all Transactions for the Country and particularly of all Debts and Dues belonging to the Country either by Forfeits Fines Rates how to disburse Gifts Legacies Rents Customs In positions or otherwise as by Whales Ship wracks and things of like nature where the Owner is not known and the Country may claim a Priviledge or Common Right unto as also of all his payments and disbursements for the Countries use which he shall not make but by virtue of some settled Custome Law or Order of this Court or by special Order of this Court or of the Council nor shall he make any Payment to any person indebted to the Country till such person either pay his Debt or defaulk so much as is due to the Country 2. And it is further Ordered That henceforth there shall be Treasurers Annually chosen in every County by the Freemen thereof A. 54. p. 2. who shall give in their Votes in each Town County Treasurer how chosen on the day of Voting for Nomination of Magistrates which shall be sent sealed up by the same person to the Shire meeting and there opened before the Commissioners who shall certifie the County Courts under their hands the Name of the person chosen Provided no Clerk or Recorder of any County Court shall be chosen Treasurer for the County No Clerk of Court to be Treasurer And the said Treasurers shall from time to time keep exact and perfect Book of Accompts of all Transactions of the County and particularly of all Debts and Dues belonging to the County either by Forfeits Fines Rates Guifts Legacies Rents Customes or otherwise as also all his Disbursements for the Charges of the County Courts Shire Commissioners To pay the charâ—e of the County with all other peculiar charges of the County which he shall pay by Order of the County Court except the twenty pounds due to the Major of the Regiment for the year of publick exercise which shall be paid by the Country Treasurer as heretofore 3. And it is Ordered That all fines arising in any County Court or by Order of one Magistrate or Commissioners impowred in Criminal Cases A. 58. shall from time to time be paid in to the Treasurer of that County where the Delinquent party doth dwell All Finâ—s arising in the County due to the County except only where any person shall be taken in the manner and immediately censured by Authority in any other County where such offence is committed Clerk of Courts to keep Accompts 4. It is Ordered That the Secretary of the General Court and Court of Assistants and the Clerk or Recorder of every County Court shall keep Books of Accompt of all Dues arising within the cognizance of the respective Courts by Entry of Actions Fines or otherwise as also a true account of the Fees of the Officers and other charges of the Court which belongs to the respective Treasurers to satisfie To certisie the Treasurer of all Dues in 14 daies and within fourteen dayes after the end of every Court the said Secretary and Clerk shall deliver to the respective Treasurers a true Transcript of all Fines and other dues payable to the Country or County Treasurer to order Marâ—â—al to call and the said Treasurers shall within one week after the Receipt of such Transcript direct his Warrant to the Marshal or Constable for the leavying thereof And if any Treasurer Secretary Marshal or Constable make default herein he shall suffer the penalty of making good all Damage that shall come thereby Treas allowance And every Treasurer for his pains and service is allowed one shilling in the pound of all fines received by him and to be free from all Country and County Rates To give a yearly Account And all Treasurers are hereby enjoyned once every year to give an account of all their Transactions the Country Treasurer to the General Court or to such as the said Court shall appoint and present the same at the Court of Election yearly County Courts to raise Taxes to defray County charges And the County Treasurers shall likewise yearly present their Accompts to the County Courts and if there be not enough in the Treasurers hands to satisfie the charges of the County the said County Court shall give Warrant to leavie the Arrears upon the whole County by Rate to be leavied upon each Town and Person except such as are Rate-free in proportion with the County Rate next before going to be collected by the Constables of each Town who are hereby enjoyned to attend the same 1648 54 57 58. VVHereas the Law tit Treasurers doth not so fully explain it self as is intended in order to the Execution of the same in reference to County Treasurers This Court Declare That the same Power and Directions given to the Country Treasurer in his place County Treas power duty is likewise intended to the County Treasurer in his Place and Limits For the better discharge of his Duty and that every Constable betrusted with the Collecting of any County Rate which doth not within his year pay in his respective County Rate and make up his Accompts with the Treasurer from which he had his Warrant so to do Such Constable shall forfeit to the County forty shillings for his neglect and be liable to clear his Accompts within two Months and that every County Treasurer shall present the Names of such Constables as shall neglect their duty to the next County Court And that Corn or other Goods paid in to the County Treasurers shall be at the same prises that this Court shall from time to time set for the
therefore Ordered by this Court and by the Authority thereof and be it hereby Enacted That if any person or persons after the publication hereof shall give wine or strong liquors to any workmen or boyes that work with them except in cases of necessity shall pay twenty shillings for every such Offence MILITARY THis Court taking into thir serious Consideration the weight and necessity that lyeth on them to see that all Souldiers especially at such a season as this should be fitted with Armes and well skilled to use them And because the welfare of each Military Troop and foot Company both in their being provided with and knowledge of their use of Armes lyeth very much in the Clerk of each Companyes carefull and faithfull observation and execution of his Office in the seasonable and due levying of such Fines as are by Law due for defects the neglect whereof too sad experience sheweth hath done very great hurt in many Companyes for preventing such Inconveniencies for the Future Souldiers lines to be gathered by the Clerk of Troops or Foot Companies within a month or to be leavied on themselves This Court doth Order That what Fines shall be due according to Law from any Souldier for defect in either Armes or Traynings which the Clerk or Clerks of the said Troop or Company shall not leavie and gather into his hands within one Moneth after the Training day on which the said defect is made it shall be in the power of the Captain or chief Officer of that Troop or Foot Company to send the Marshal or Constable with an Execution and leavie the said Fines upon the Estate of any such Clerk or Clerks so defective unless the said Clerk can make it appear to the Captain that he or they have been hindred either by sickness or the absence of the person delinquent being out of Town And it is further Ordered That the Clerk or Clerks of every Military Troop or Company shall once in six Moneths render a particular account to the Captain or chief Officer of all such fines as are leavied by the said Clerk that the same may be disposed of for the good of the Company according to Law THis Court considering our own state as to Fortification how that our Forts and Artillery belonging to the Country both in this Town of Boston Charlstown Salem and Marble head do need much to repair them that they may be fit for service if God should call thereunto Further allowance to Boston Charlstown Salem and Marble head for Fortification Do therefore Order That each of the Towns above mentioned shall be allowed what they are Rated to the Country-Rate for this next year for and towards the finishing and repairing the several Forts there and that each of their Rates be committed into the hands of the Committee of Militia in each of the aforesaid Towns by them speedily to be improved for the use abovesaid VVHereas divers Souldiers who by Law are commanded to attend Military Exercise upon Training dayes in the Towns where they live not having any visible Estate whereon the Clerk of of the Company unto which they do belong can leavie the fine due by Law when they are delinquent either in Arms or Trainings â—o often neglect the duty in both keeping Arms and Trainings and do thereupon carry it boldly and provoakingly to the Clerk and other officers For prevention whereof It is Ordered by this Court and the Authority thereof That it shall be in the power of the Commission Officers of each Company or such of them as are present at the next Training day after such offence is committed to punish such person offending as abovesaid who hath not satisfied the Clerk according to Law Souldiers neglect of Arms training with their Contempt of Officers how punished by any Military punishment according to the aggravation of the Crime by either Riding the Wooden Horse or by Bilboes or lying Neck and Heels or acknowledgement at the Head of the Company or any punishment according to Military Discipline at the Discretion of the Commission Officer or Officers present And in case any such Delinquent shall absent himself from Training two dayes together that then it shall be in the power of the chief Officers and they are hereby enjoyned by Warrant directed to the Constable of that Town to convent such Offender before him and to proceed with him as in this Order is provided and all Constables are hereby Ordered to attend their duty herein Book-Debts WHereas by the Law made May 1669 respecting Book-debts It is Declared that all Book-Debts shall be cleared within three years as is therein expressed after which time no Book-Debt shall be pleadable in any Court Vpon a general complaint that the said Law will prove to the real detriment of very many of our Inhabitants and the utter undoing of some if a greater number of years be not allowed to shut up Accompts Three years further added relating to Book-debts It is therefore Ordered and is hereby Declared That there shall be three years more added for the advantage of Debtors and Creditors to issue their Accompts that all grounds of complaint in this kinde may be removed BVRGLARY WHereas in the Law tit Burglary it is expressed if any personâ— shall commit Burglary by breaking open any Dwelling House Addition to the Law tit Burglary It is Ordered by this Court and the Authority thereof as an Addition to that Law That if any person shall break up any Ware-house Shop Mill Malt-house Barn or Out-house or any Vessel on any Shoar or in any Cove Creek or upon the Water such person so offending shall be punished as the Law provides in case of breaking up Dwelling houses HIDES WHereas the Law tit Leather in the latter end of the first Sect. doth restrain all persons except Tanners to Bargain for Hides to be purchased by any or buy any Hides of Bull Steer Oxe Cow c. being inconvenient in regard they are many times given in Barter for Shoos c. The said Clause in that Law by the Authority of this Court is hereby Repealed VVHereas the Laws already made to prevent the Transportation of the Hides of the growth of this Colony do not reach the End for want of a full and due Execution This Court doth therefore Authorize and appoint the Freemen of every Seaport Town within this Jurisdiction to Chose a meet and sufficient person from amongst themselves yearly to whom all persons shall repair who intend the transporting of any Raw or Ruffe Hides and shall make proof whence such Hides so to be transported came and that they are not of the growth of nor killed in this Colony and shall take a note from the person so Authorized of the number of Hides that he intends to transport paying one penny to the abovesaid person for every such Hide Hides of the Countries growth not to be transported out of the Jurisdiction on penalty
cases doth require BRIDGES THis Court considering that Bridges in Country High-wayes are for the benefit of the Country in general and that it may be unequal to lay the charge thereof on particular Towns Bridges to be made repaired by the County Doth Order that from time to time upon information or complaint to each County Court of the necessity or defect of any Bridge or Bridges as aforesaid the Court shall appoint a Committee to view and determine the same and the charges shall be proportioned by the Magistrates in each County Court to be levied upon the Several Towns in each County according to the direction of the Law for Country Rates 2. The Court considering the great danger that Persons Horses Teams are exposed to L. 2. p. 3. by reason of defective Bridges and Country High-wayes in this Jurisdiction Doth Order and Declare That if any person at any time lose his life in passing any such Bridge or High-way after due warning given unto any of the Select men of the Town in which such defect is in writing under the hand of two witnesses or upon presentment to the Shire Court of such defective Wayes or Bridges that then the County or Town which ought to secure such Wayes or Bridges Penalty for damage received by the insufficiency of Bridges shall pay a fine of one hundred pounds to the Parents Husband Wife or Children or next of Kin to the party deceased And if any person lose a Limb break a Bone or receive any other bruise or breach in any part of his Body through such defect as aforesaid the County or Town through whose neglect such hurt is done shall pay to the party so hurt double damages the like satisfaction shall be made for any Team Cart or Cartage Horse other Beast or Loading proportionable to the damage sustained as aforesaid 3. And for the prevention of danger A. 58. which may come by the insufficiency of Bridges and Passages which lye upon Town High-wayes the care whereof doth belong either to the Town or particular Persons to repair who many times cannot procure Workmen to do the same Power to press workmen to repair Bridges It is therefore Ordered by this Court That upon the complaint of any such Town or Person to any one Magistrate he shall hereby be impowred to issue out Warrants to the Constable to impress such Workmen in their Town-ship as shall be needful to secure and repair the same who shall be paid for their work either by the Town or Persons to whom such Bridges or Passages do belong 1648. 51. 59. Burglary and Theft Robbing in house high-wayes penalty FOrasmuch as many Persons of late years have been and are apt to be injurious to the Goods and Lives of others notwithstanding all care and means to prevent and punish the same It is therefore Ordered by this Court and the Authority thereof That if any Person shall commit Burglary by breaking up any dwelling house or rob any person in the field or high-wayes such person so offending shall for the first offence be branded on the forehead with the letter B and if he shall offend in the same kinde the second time he shall be branded as before and also be severely whipped and if he shall fall into the like offence the third time he shall be put to death as being incorrigible On the Lords day And if any person shall commit such Burglary or rob in the fields or houses on the Lords day besides the former punishment of Branding he shall for the first offence have one of his ears cut off and for the second offence in the same kinde he shall lose his other ear in the same manner and for the third offence he shall be put to death 1642. 47. Rob Orchard or Garden or steal goods 2. For the prevention of Pilfering and Theft It is Ordered by this Court and the Authority thereof That if any person be taken or known to rob any Orchard or Garden that shall hurt or steal away any Grafts or fruit Trees Fruits Linnen Woollen or any other goods left out in Orchards Gardens Back-sides or in any other place in house or fields or shall steal any wood or other goods from the waterside pay treble damage from mens doors or yards he shall forfeit treble damage to the owners thereof or be whipt And if they be children or servants that shall trespass herein if their parents or masters will not pay the penalty before exprest they shall be openly whipped And forasmuch as many times it so falls out that small thefts and other offences of a criminall nature are committed both by English and Indians in towns remote from any prison or other fit place to which such malefactors may be committed untill the next Court. One Magistrate may determine such easès It is therefore ordered that any magistrate upon Complaint made to him may hear and upon due proof determine any such small offences of the aforesaid nature according to the Laws here established and give warrant to the Constable of that Town where the offender lives to levy the same Provided the damage or fine exceed not forty shillings Provided also it shall be lawfull for either party to Appeal to the next Court to be holden in that Jurisdiction giving sufficient caution to prosecute the same to effect at the said Court. And every Magistrate shall make a return yearly to the County Court where he liveth of what cases he hath so ended Magistrate and Constables to return to the County Court And also the Constables of all such fines as they have received And where the offender hath nothing to satisfie such Magistrate may punish by stocks or whipping as the cause shall deserve not exceeding ten stripes It is also Ordered Servants and Workmen that all Servants and Workmen imbezling the goods of their Masters or such as set them on work shall make restitution and be lyable to all Laws and penalties as other mèn 1646. 3. It is further Ordered by this Court A. 52. p. 10. That what person soever shall steal from any person any Coyn Goods or Chattels to the value of ten shillings or upward shall be whipt or pay such a sum or sums of money as the Court or Magistrate Stealing above ten shillings that hath proper cognizance thereof shall adjudge to be sufficient to satisfie all costs and charges of the Court and Country in prosecuting and trying the said offender to the use of the common Treasury and for smaller thefts Constable to make search for goods stolen it is left to the discretion of the Judge or Judges that shall have cognizance of the crime to appoint smaller mulcts or punishments or only legal Admonitions as they shall finde cause And further it is declared and Ordered That when any Goods are stolen from any person the Constable of the Town by warrant from Authority
and such like orderly Cattle the Party or Parties Trespassed shall procure two sufficient Inhabitants of that Town Harms to be viewed by sufficient men of good repute and credit to view and adjudge the harms which the Owner of the Beast shall satisfie when known upon reasonable demand Notice to be given to the owner of the Beast whether the Beast were impounded or not But if the Owner be known and near residing as in the same Town or the like he shall forthwith have notice of the Trespass and Damage charged upon him that if he approve not thereof he may nominate one such man who with one other chosen by the party damnified as aforesaid shall review and adjudge the harms Provided they agree of damage within one day after due notice given and that no after harms intervene to hinder it which being forthwith discharged together with the charge of the notice former view and determination of damage the first Judgement to be void or else to stand good in Law L. 2. P. 8. Provided notwithstanding the party Trespassed shall not be barred of his Action albeit the harms be not viewed and judged according to the direction aforesaid And if any Cattle be found damage feizant the party damnified may impound or keep them in his own private Close or Yard till he may give notice to the owner and if they cannot agree the Owner may Replevie them or the other party may return them to the owner and take his remedy according to Law L. 2. P. 8. yet in case of involuntary Trespasses where such Trespasser shall pay or Legally tender full recompence for all the damage done by him before any suit commenced the Plaintiffe shall recover no cost of his suit And in all Trespasses or damages done to any man In voluntary Trespass pay no cost L. 1. P. 51. if it can be proved to be done by the meer default of him to whom the damage is done it shall be judged no Trespass nor any damage given for it 1646 Goats pay double damage 4. For all harms done by Goats there shall be double damage allowed and when any Goats are taken in Corn or Gardens the owner of such Corn or Garden may keep and use the said Goats till full satisfaction be made by the owners 1646. 5. Forasmuch as Complaints have been made of a very evil Practise of some disordered Persons in the Country who use to take other mens Horses sometimes upon the Commons and sometimes out of their own Grounds and Inclosures ride them at their pleasure without any leave or privity of the Owners It is therefore Ordered and Enacted by the Authority of this Court That whosoever shall take any other mans Horse Mare Asse Riding or worâ—ing other meâ—s Horse or Câ—â—â—ie without leave or drawing beast either out of his inclosure or upon any Common or elsewhere except such be taken damage feizant and disposed of according to Law without leave of the Owner and shall ride or use the same he shall pay to the party wronged treble damages or if the Complainant shall desire it then to pay only ten shillings Pâ—â—lty trâ—ble damage or whip and such as have not to make satisfaction shall be punished by whipping imprisonment or otherwise as by Law shall be adjudged and any one Magistrate or County Court may hear and determine the same 1647. 6. For the better preserving of Corn from damage by all kinde of Cattle and that all Fences of Corn-fields may from time to time be sufficiently upheld and maintained A. 53. P. 20. It is Ordered by this Court That the Select men of all Towns shall make wholsome Orders Select men to order the repair oâ— Fences for the repairing of all Fences both generall and particular within their several Townships excepting Fences belonging to Farms of one hundred Acres or above and have power to impose fines upon all Delinquents not exceeding twenty shillings for one offence and if any Select men shall neglect to make Orders as aforesaid they shall forfeit five Pounds to the use of the Town and so for every Months default from time to time To appoint viewers of common Fences and the said Select men of every Town shall appoint from year to year two or more if need require of the Inhabitants thereof to view the Common fences of all their Corn-fields to the end to take due notice of the real defects and insufficiency thereof To give notice of defect to the Owners who shall forthwith acquaint the owners thereof with the same and if the said Owners do not within six dayes time or otherwise as the Select men shall appoint sufficiently repair their said defective fences Owners to repair within six dayes then the said two or more Inhabitants appointed as aforesaid shall forthwith repair or reniew them and shall have double recompence for all their labour care cost and trouble to be paid by the Owners of the said insufficient Fence or Fences and shall have warrant from the said Select men Else the viewers to mend them have double recompence directed to the Constable to levy the same either upon the Corn or other estate of the Delinquent Provided the defect of the Fence or Fences be sufficiently proved by two or three witnesses 1647. 7. Where Lands lye in Common unfenced if one man shall improve his Land by fencing in several and another shall not he who shall so improve shall secure his Land against other mens Cattle and shall not compel such as joyn upon him to make any Fence with him except he shall also improve in several as the other doth Pâ—rtition Fence between neighbours born by both And where one man shall improve before his neighbour and so make the whole Fence if after his said neighbour shall improve also he shall then satisfie for hall the others Fence against him according to the present value and shall maintain the same and if the first man shall after lay open his said field then the said neighbour shall enjoy his said half Fence so purchased to his own use and shall also have liberty to buy the other half Fence paying according to present valuation to be set by two men chosen by either party one the like Order shall be where any man shall improve Land against any Town-Common Provided this Order shall not extend to House Lots not exeeeding ten Acres House Lots Fences but if such one shall improve his neighbour shall be compellable to make and maintain one half of the Fence between them whether he improve or not Insufficient Fence no damage except by Swine and Calves Provided also no man shall be liable to satisfie for damage done in any ground not sufficiently fence except it shall be for damage done by Swine or Calves under a year old or unruly Cattle which will not be restrained by ordinary Fences or where any man shall put his
Cattle or otherwise voluntarily Trespass upon his neighbours ground and if the party damnified finde the Cattle damage feizant he may impound or otherwise dispose of them 1642 FENCE VVHereas the Laws published concerning Fences and Cattle being in the second Edition transported from their first order and method much difficulty doth many times arise concerning the true meaning thereof whereby great damages do accrew to many of the Inhabitants and consequently to the Country For prevention whereof This Court doth Order and Enact That where any Cattle shall Trespass on any propriety Fence to secure Corn Fields not appearing to be sufficiently Fenced against Swine sufficiently yoaked and ringed or Cowes and such Cattle as will be restrained by a sufficient Fence in the judgement of the viewers of the Fences as Pag. 11. Sect. 6. in all such cases the Owners of the Fence or of the Land shall bear all such damages as to them thereby sustained any thing in the said Order or any other Law Custome or Usage to the contrary notwithstanding 1662 Causes Small Causes One Magistrate may end causes under 40. s. FOR easing the Charge and Incumbrance of Courts by small Causes It is Ordered by this Court and Authority thereof That any Magistrate in the Town where he dwells may hear and determine by his discretion not by Jury according to the Laws here established all causes arising in that County wherein the Debt Trespass or Damage doth not exceed Forty shillings who may send for parties and witnesses by Summons or Attachment directed to the Marshall or Constable who shall faithfully execute the same Three Commissioners in Towns to end small causes And it is further Ordered that in such Towns where no Magistrate dwells the Court of Assistants or County Court may from time to time upon request of the said Towns signified under the hand of the Constable appoint three of the Freemen as Commissioners in such cases any two whereof shall have like power to hear and determine all such causes wherein either party is an Inhabitant of that Town who have hereby power to send for Parties and Witnesses by Summons or Attachment directed to the Constable as also to Administer Oaths to Witnesses and to give time to the Defendant to Answer if they see cause and if the Party Summoned refuse to give in his Bond or Appearance or sentenced refuse to give satisfaction where no goods appear in the same Town where the Party dwells they may charge the Constable with the party to carry him before a Magistrate or Shire Court if then sitting to be further proceeded with according to Law L. 1. p. 46. but the said Commissioners may not commit to Prison in any case And where the Parties live in several Towns the Defendant shall be liable to be sued in either Town at the liberty of the Plaintiffe 2. And forasmuch as the Magistrates are under an Oath of God for dispensing equal justice according to Law It is Ordered by the Authority aforesaid that all Associates for County Courts when and where there shall be any and all such Commissioners Authorized as aforesaid Associates and Commissioners to be sworn shall be sworn before each County Court or some Magistrate in that County unto the faithful discharge of the trust and power committed to them And it is further Ordered That in all small Causes as aforesaid where only one Magistrate dwells in the Town and the Cause concerns himself as also in such Towns where no Magistrate is and the Cause concerns any of the three Commissioners that in such cases the Select men of the Town shall have power to hear and determine the same Select men to try Causes and also to graunt execution for the levying and gathering up such damages for the use of the person damnified as one Magistrate or three Commissioners may do And no Debt or Action proper to the Cognizance of one Magistrate or the three Commissioners as aforesaid L. 1. p. 4. shall be received into any County Court but by Appeal from such Magistrate or Commissioners County Court to reject all Actions under 40. s. except in cases of Defamation and Battery 1647. 49. 3. Whereas by reason of the concourse of People and increase of trade in the Town of Boston Suits at Law are grown more frequent A. 51. p. 6. where the County Courts are much prolonged and forasmuch as many crimes are also committed in the said Town by strangers and others which often escape unpunished For the prevention whereof Commissioners of Boston It is Ordered by this Court and the Authority thereof that there be seven Freemen resident in Boston annually chosen by the Freemen of the said Town and presented to the Court of Assistants who hereby have power to Authorize the said seven Freemen to be Commissioners of the said Town to act in things committed to their trust Chosen as is hereafter expressed who shall from time to time be sworn before the said Court Sworn or the Governour Deputy Governour or any two Magistrates And this Court doth hereby give and graunt Commission and Authority unto the said seven men or any five of them or any three of them with one Magistrate to hear and determine all Civil Actions which shall be brought before them not exceeding the sum of Ten Pounds Power in civil Cases to ten pounds arising within the neck of Land on which the Town is Scituate as also on Noddles Island or betwixt any persons where both parties shall be Inhabitants or Residents within the said Neck or Noddles Island aforesaid or where either party shall be an Inhabitant or Resident aforesaid Provided they keep a Book of Records for the entry of all Causes Evidences Testimonies Sentences and Judgements as the Law provides in like Cases which said Commissioners are Authorized annually to appoint a Clerk of their Court and to demand and receive of every Plaintiffe in all Cases or Actions not exceeding Forty shillings the sum of three shillings four pence and for all other Actions the sum of ten shillings and for all other things the accustomed fees and the said Commissioners shall from time to time publish their Court dayes as the three Commissioners in Towns are bound to And for the discovery prevention and punishment of Misdemeanours in the Town of Boston In Criminal Cases Power and Authority is hereby given and granted to the said Commissioners and every of them by Warrant under their or his hand to convent before them or any of them all such persons as shall be complained of for such offences or otherwise brought to their cognizance and to hear and determine the same according to the Laws here established as any Magistrate may do Provided the fines imposed by them do not exceed forty shillings for one offence And that the said Commissioners may the better and more diligently endeavour the suppressing of sin and misdemeanours and the breach
but such as take wages shall pay for themselves Commissioners meet at the shire Town And it is further Ordered That the Commissioners for the several Towns in every Shire shall yearly upon the first fourth day of the week in the seaventh Month assemble at their Shire Town and bring with them fairly written the just number of Males listed as aforesaid and the Assessments of Estates made in their several Towns according to the Rules and Directions in this present Order expressed and the said Commissioners being so assembled To perfect the Assessments shall duely and carefully examine all the said Lists and Assessments of the several Towns in that Shire and shall correct and perfect the same according to the true intent of this Order as they or the major part of them shall determine and the same so perfected they shall speedily transmit to the Treasurer under their hands or the hands of the major part of them and thereupon the Treasurer shall give warrants to the Constables to collect and levy the same so as the whole Assessment both for Persons and Estates may be paid in unto the Treasurer before the twentieth day of the ninth Month yearly And every one shall pay their Rate to the Constable in the same Town where it shall be Assessed nor shall any Land or Estate be Rated in any other Town but where the same shall lye Constables to Collect in the ninth month or was improved to the Owners reputed Owners or other Proprietors use or behoof if it be within this Jurisdiction And if the Treasurer cannot dispose of it there the Constable shall send it to such place in Boston or elsewhere as the Treasurer shall appoint at the charge of the Country to be allowed the Constable upon his accompt with the Treasurer and for all peculiars viz. such places as are not yet laid within the bounds of any Town the same Lands with the Persons and Estates thereupon shall be Assessed by the Rates of the Town next unto it Peculiars to be Assessed at the next Town the measure or estimation shall be by the distance of the meeting houses And if any of the said Commissioners or of the Select men shall wittingly fail or neglect to perform the trust committed to them by this Order in not making correcting perfecting or transmitting any of the said Lists or Assessments according to the intent of this Order Commissioners or Select mens failings Every such Offender shall be fined forty shillings for every such offence or so much as the Country shall be damnified thereby Forfeit 40. s. so it exceed not forty shillings for one offence provided such offence be complained of and prosecuted within six months And it is further Ordered that upon all Distresses to be taken for any of the Rates and Assessments aforesaid the Officer shall distrein Goods or Cattle if they may be had and if no Goods then Lands or Houses if neither Goods nor Lands can be had within the Town where such Distress is to be taken then to Attach the body of such persons to be carried to Prison there to be kept till the next Court of that Shire except they put in security for their appearance there or that payment be made in the mean time And it is Ordered that the prizes of oll sorts of Corn to be received upon any Rate by virtue of this Order shall be such as this Court shall set from year to year and in want thereof at price currant to be judged by the Commissioners of Essex Middlesex and Suffolk And it is further Ordered that no Estate of Land in England shall be Rated in any publick Assessment And it is hereby Declared Land in England Rate fâ—â—e that by publick Assessment and Rates is intended only such as are Assessed by Order of the General Court for the Countries occasion and no other 1646. 47 51 57. 4. It is Ordered that every Constable within this Jurisdiction A. 56. P. 11 shall on the penalty of five pounds clear up all their Accounts with the Treasurer for the Rates of their several Towns by the first of May yearly Constables to clear their Accounts with the Treasurer by the first of May. and they and every of them are impowred to press boats or carts for the better and more speedy sending in their Rates according to the time appointed And if any Constable shall not have Collected the Rates and Assessments committed to his charge by the Treasurer L. 1. P. 46. during the time of his Office that he shall notwithstanding the expiration of his Office have power to Levy by distress all such Rates and Levies Constable after the expiration of his Office haâ—â— power to Collect Rates and if he bring them not in to the Treasurer acording to his warrant the Treasurer shall distreyn such Constables goods for the same Treasurer may distrein in the Constable or any other Inhabitant And if the Treasurer shall not so distreyn the Constable he shall be answerable to the Country for the same And if the Constable be not able to make payment it shall be lawfull for the Treasurer to distreyn for all arrearages of rates and leavyes any man or men of that Town where the Constables are unable and that man or men upon petition to the General Court shall have Order to Collect the same again equally of the Town with his just damages for the same 1640. 56. RATING STRANGERS THis Court understanding that several Gentlemen Merchants strangers in the beginning of every year frequently comming into these parts and bringing great store of English and other goods of all sorts to great value and usually making up their markets to their great advantage before the Sixth Month when the Rates or Order for the Collecting of them by Law is to issue out not without a considerable disadvantage to the Merchants and Shop-keepers Residents and Inhabitants of this Colony who have born the heat of the day and are fain to be at all the charge for supporting of the Government and the said Merchants strangers takeing the chief of the benefit of the Trade and make their escapes without any payment to support the Government of this place under and by which they reap so great advantage to themselves It is therefore Ordered Order for Assessments on Strangers that it shall be henceforth lawfull for the Select men of each Town where such Strangers are or shall be to assess all such Strangers according to the Cargo's they shall bring into this Country Or in case of their refusall to give a true Account of their Estate to the Select-men then the said Select-men shall and hereby are impowred to make their Assessment on all such Strangers in any Moneth of the Year yearly in proportion to a single Rate by will and doom as the Inhabitants of this Country are used to be rated and for non-payment by the Constables to Levy their
dishonour of God reproach of the Country Debts made by persons under age not recoverable It is therefore Ordered by this Court That if any person after publication hereof shall any way give credit to any such Youth or other person under one and twenty yeares of age without order from their friends here or else where under their hands in writing they shall loose their debt what ever it be And further if such Youth or person incur any penalty by such meanes and have not wherewith to pay such person or persons as are occasions thereof shall pay it as the delinquents in the like case should do 1647. Parents denying marriage 5. If any person shall willfully and unreasonably deny any Child timely or convenient marriage or shall excercise any unnatural severity toward them such children shall have liberty to complaine to Authority for redress in such cases 1641. 6. No Orphan dureing their minority which was not committed to tuition or service by their Parents in their life time Orphans not be disposed on without a Court shall afterwards be absolutely disposed of by any without the consent of some Court wherein two Assistants at least shall be present except in case of marriage in which the approbation of the major part of the Select men of that Town or any one of the next Assistants shall be sufficient and the minority of women in case of marriage shall be sixteen yeares 1646. Chirurgions Midwives Physitians FORasmuch as the Law of God allowes no man to impaire the Life or Limbs of any Person L. 2. P. 3. but in a judicial way It is therefore Ordered That no person or persons whatsoever imployed at any time about the bodyes of men women or children for preservation of life or health as Chirurgions Midwives Physitians or others presume to excercise or put forth any act contrary to the known approved Rules of Art No force or violence to be used in any case with out consent c. in each Mystery and occupation nor excercise any force violence or cruelty upon or towards the body of any whether young or old no not in the most difficult and desperate cases without the advice and consent of such as are skillfull in the same Art if such may be had or at least of some of the wisest and gravest then present and consent of the patient or patients if they be mentis compotes much less contrary to such advice and consent upon such severe punishment as the nature of the fact may deserve which Law nevertheless is not intended to discourage any from all lawfull use of their skill but rather to incourage and direct them in the right use thereof and inhibit and restreine the presumptuous arrogancy of such as through prefidence of their own skill or any other sinister respects dare boldly attempt to excercise any violence upon or towards the bodyes of young or old one or other to the prejudice or hazard of the life or limbe of man woman or child 1649 Clerke of the Writts IT is Ordered by this Court and Authority thereof That notwithstanding every Magistrate hath power to graunt Warrants L. 2. P. 13. Summons and Attachments in every Town within this Jurisdiction there shall henceforth be a Clerke of the Writts nominated by each Town and allowed by each Shire Court to grant Summons and Attachments in all Civil Actions at the liberty of the Plaintiffe and Summons for Witnesses Clerks sees and the said Clerks are allowed to grant Replevins and to take Bond with sufficient security of the party to prosecute the Suite whose Fees shall be for every Warrant two pence a Replevin or Attachment three pence Warrants directed to the Constable and for a Bond four pence And all Attachments are to be directed to the Constables in such Townes where there is no Marshal dwelling 1641 It is Ordered Clerk of the Writts to Respond the Marshalls fees of 3 d Attachment That henceforth the Clerke of the Writts shall demaund of such as receive Attachments of them three pence a peece more then formerly in behalfe of the Marshal General which shall be in liew of that three pence on Attachments by a former Law he was to receive of the Constable or County Marshal and that the Constables shall have but twelve pence upon an Attachment as formerly 1660 COLLEDGE VVHereas through the good hand of God upon us there is a Colledge founded in Cambridge in the County of Middlesex called Harvard Colledge for the incouragement whereof this Court hath given the Summ of four hundred pounds and also the Revenue of the Ferry bewixt Charles-town and Boston and that the well Ordering and mannaging of the said Colledge is of great concernment It is therefore Ordered by this Court and the Authority thereof That the Governour and Deputy Governour for the time being and all the Magistrates of this Jurisdiction Commissioners and Feâ—s fees of the Colledge together with the teaching Elders of the six next adjoyning Townes viz Cambridge Watertowne Charles-towne Boston Roxbury and Dorchester and the President of the said Colledge for the time being To make Orders shall from time to time have full Power and Authority to make and establish all such Orders Statutes and Constitutions as they shall see necessary for the Instituting Guiding and furthering of the said Colledge and several members thereof from time to time in Piety Morallity and Learning and also to dispose Dispose of Gifts and Revenues order and mannage to the use and behoofe of the said Colledge and members thereof all Gifts Legacies Bequeaths Revenues Lands and Donations as either have been are or shall be Conferred Bestowed or any wayes shall fall or come to the said Colledge And whereas it may come to pass that many of the said Magistrates and said Elders may be absent or otherwise imployed about other weighty Affaires when the said Colledge may need their present Help and Counsell It is therefore Ordered that the greater number of Magistrates and Elders which shall be present with the President shall have the Power of the whole Provided that if any Constitution Order or Orders by them made shall be found hurtfull unto the said Colledge or the members thereof or to the Weal-publick then upon Appeal of the Party or Parties grieved unto the company of Overseers first mentioned they shall Repeal the said Order or Orders if they shall see cause at their next meeting or stand accountable thereof to the next General Court 1636. 40. 42. 2. Whereas we cannot but acknowledge the great goodnes of God towards his-People in this Wilderness A. 54. P. 2. in raysing up Schooles of Learning and especially the Colledge from whence there hath sprung many Instruments both in Church and Common-wealth both to this and other places And whereas at present the work of the Colledge hath been several wayes obstructâ—d and seems yet also at present for want of comfortable
maintenance for the incouragement of a President This Court takeing the same into their serious consideration and finding that though many Propositions have been made for a voluntary Contribution yet nothing hath hitherto been obtained from severall persons and Townes although some have done very liberally and freely and fearing least we should shew our selves ungratefull to God or unfaithfull to posterity if so good a Seminary of Knowledge and Virtue should fall to the ground through any neglect of ours It is therefore Ordered by this Court and the Authority thereof That besides the Profit of the Ferry formerly granted to the Colledge which shall be continued there shall be yearly Levyed by Addition to the Country Rate one hundred pounds One hundred pounds given by the Court to the President and Fellows to be payd by the Treasurer of the Country to the Colledge Treasurer for the behoofe and maintenance of the President and Fellows to be distributed between the President and Fellows according to the determination of the Overseers of the Colledge and this to continue dureing the pleasure of the Country And it is hereby Ordered That no man shall stand engaged to pay his voluntary Contribution that he hath under-written by virtue of this Courts propositions and that such persons as have allready done voluntarily shall be considered for the same in the Country Rate such a proportion as this addition of one hundred pounds doth adde to the Rate to be allowed by the Constable to each person and by the Treasurer to the Constable 1659 CONDEMNED IT is Ordered by this Court That no man Condemned to dye shall be put to Death within four dayes next after his condemnation None to be executed within 4 dayes after Condemnation unles the Court see special cause to the contrary or in case of Marshal Law nor shall the Body of any man so put to death be unburied twelve houres unless it be in case of Anotomie 1641 It is Ordered by this Court and the Authority thereof That the Secretary for the time being shall from time to time Signe all Warrants for the execution of persons sentenced to Death Signing of VVarrants for execution either in the General Court or Court of Assistants and that the Secretary or Clerke of every Court shall signe Warrants for executions in all other judgements of Courts Civil or Criminal any Custome or usage to the contrary notwithstanding 1668 CONSTABLES IT is Ordered by this Court and Authority thereof That the Constable shall Whip Constable to whip or Punish any to be punished by Order of Authority where there is not another Officer apointed to do it in their own Townes unless they can get another to do it A. 55. P. 26 Also every Constable is Impowered and hereby Enjoyned faithfully to Collect such Rates and Assessments as shall from time to time be committed unto them To Collect town Rat. 〈◊〉 by the Select men of the several Towns provided it be by Warrant under their hand 2. It is further Ordered That any and every Person tendered to any Constable of this Jurisdiction by any Constable or other Officer To convey of senders of our owne or belonging to any Forraine Jurisdiction in this Country or by Warrant from any such Authority shall be presently received and conveyed forthwith from Constable to Constable till they be brought to the place to which they are sent or before some Magistrate of this Jurisdiction who shall dispose of them as the justice of the cause shall require Hues cryes to be pursued And all Hues cryes shall be duely received and diligently pursued to full effect And where no Magistrate is neer To be put forth by the Constable every Constable shall have full power to make signe and put forth pursuites or Hues cryes after Murderers Manslayers Peace-breakers Theeves Robbers Burglarers and other Capital offenders as also to Apprehend without warrant Offenders to be Apprehended such as are overtaken with Drinke Swearing Sabbath-breaking Lying Vagrant persons Night-walkers Provided they be taken in the manner either by the sight of the Constable or by present information from others As also to make search for all such persons either on the Sabbath day or other when there shall be occasion in all houses Licensed to sell either Beer or Wine or in any other suspected or disordered places and those to Apprehend and keep in safe custody till opportuinity serve to bring them before one of the next Magistrates to further examination Provided when any Constable is imployed by any of the Magistrates for Apprehending of any person he shall not do it without Warrant in writing All to assist the Constable on penalty of 10. â—s And if any person shall refuse to assist any Constable in the execution of his Office in any of the things afore mentioned being by him required thereto they shall pay for neglect thereof ten shillings to the use of the Country to be levyed by Warrant from any Magistrate before whom any such offender shall be brought and if it appear by good testimony Willfull neglect forty shilligs that any shall willfully obstinately or contemptuously refuse or neglect to assist any Constable as is before expressed he shall pay to the use of the Country forty shillings And that no man may plead ignorance for such neglect or refusall It is Ordered that every Constable shall have a Black staff of five foot long Tipped at the upper end about five inches with brass Constable Stafâ— as a Badge of his Office which he shall take with him when he goeth to discharge any part of his Office which staff shall be provided at the charge of the Town and if any Magistrate Constable or any other upon urgent occasion Not raysing Hue and cries in Capital câ—sâ—s fâ—â—â— shall refuse to do their best endeavour in raysing and prosecuting Hues cryes by foot and if need be by horse after such as have committed Capital Crimes they shall forfeit for every such offence to the use aforesaid fourty shillings 1646. For the Regulating and settling the charge of prosecution of Hues cryes It is Ordered that what shall Arise by occasion of escape from the Countrys prison or flight from Authority to avoyd the same shall be payd by the Treasurer of the Country and such as Arise by flying fom any of our County prisons or to escape any of them shall be defrayed by the Treasurer of that County where the occasion did arise Charge of Hues and cries And such persons as procure Hues cryes upon their own particular occasions shall bear all the charge arising therefrom provided due accompts be made by such as demand pay 1660. Conveyances Deeds and Writings FOR the prevention of Clandestine and uncertaine Sales and Titles A. 52. P. 15. It is Ordered and Declared by this Court That henceforth no Sale or Alienation of Houses and Lands within this Jurisdiction
is Ordered that the Secretary at the request of all such as are admitted to the freedome of this Colony or any in their behalf Freemens names to be Recorded give a true copy out of this Courts Records of their Names by them to be delivered to the Clerks or Recorders of those Courts in the several Counties to which they do belong with a copy of the Oath of Freemen as it is now stated that they may there take their Oathes c. 1666. Courts Ajournments VVHereas through the extremity of the seasons in this Country or other accidents that often happen that Courts of Justice are sometimes put by to the great prejudico of Justice This Court doth therefore Order that henceforth it shall be in the power of any one or more of the Magistrates being present at the time and place where the Court is to be kept to Adjourne the said Court to some more convenient time as though the whole Court had been met Courts Ajournments and all Jury-men Witnesses and Parties summoned to attend the Court either in Civil or Criminal Cases according to their respective Summons Obligations Attachments or other Process are hereby bound to such Ajournments and all proceedings to remain in force as though the ordinary course of time had been attended 1661. CRVELTY IT is Ordered by this Court Cruelty That no man shall exercise any Tyranny or Cruelty towards any Bruit Creatures which are usually kept for the use of Man 1641. Death Vntimely Untimely death to be inquired by a Jury IT is Ordered by this Court and the Authority thereof that whensoever any Person shall come to any suddain untimely or unnatural death some Assistant or the Constable of the Town shall forthwith Summon a Jury of twelve discreet Men to inquire of the cause and manner of their Death who shall present a true verdict thereof to some near Assistant or the next County Court upon their Oath 1641. DEBTS by BOOK ON Complaint and consideration of sundry Inconveniences both to Creators and Debtors through want of seasonable examination and ballancing of Book-accompts It is Ordered and by this Court Enacted that all such Book-debts as are now standing out or that hereafter shall be made and that shall not within three years after publication hereof Book debts to be Ballance within 3 years or within three years after such debt as hereafter shall be made be accounted for or ballanced with the Original Debtor or his Attorney Agent Assigne or other lawful Successor or Substitute and on Accompt or Ballance thereof assured by Specialty given for it or witnessed by subscribing the Debtor or other Accomptants Name to the Creditors Book or Subscription of the Witnesses to such Accompt shall not be pleadable in any Court unless such Book-debt shall within the time before limited be prosecuted or proved in such Court as hath proper cognizance thereof by Evidence competent and approved by the said Court And the Evidence there Recorded and the Record thereof shall secure thae Creditor his Executors and Assignes unless the Debtor or his Assignes shall disprove the same within one year after such proof made or recovery of the said Debt if such Debtor his or her Agent Attorney Assigne Substitute Executor Administrator or other lawful successor be or shall be within this Jurisdiction or elsewhere and have due notice from the Creditor thereof Deputies for the General Court Deputies chosen by paper IT is Ordered by this Court and the Authority hereof that henceforth it shall be lawful for the Freemen of every Town to chuse by Papers Deputies for the General Court who have liberty to meet together to confer and prepare such publick business as by them shall be thought fit to be considered of at the next General Court Their power who also shall have the full power of all the Freemen deputed to them for the making and establishing of Laws granting Lands and to deal in all other affaires of the Common-wealth wherein the Freemen have to do the matter of Election of Magistrates and other Officers onely excepted wherein every Freeman is to give in his Vote Provided that no Town shall send more then two Deputies and no Town that hath not to the number of twenty Freemen shall send more then one Deputy Number of Deputies to be sent from particular Towns and such Plantations as have not ten Freemen shall fend none but such Freemen may Vote with the next Town in the choice of their Deputies till this Court take further Order And all Towns that have not more then thirty Freemen A. 53. shall be at liberty of sending or not sending Deputies to the General Court 1636. 38. 53. Liberty to chuse Deputies dwelling any where in this Jurisdiction 2. And the Free men of any shire or town have liberty to choose such Deputies for the Generall Court either in their own shire Town or else where as they judge fittest so be it they be Freemen and Inhabiting this Jurisdiction Deputies may order their own house And when the Deputies for the several Towns are met together at any General Court it shall be lawful for them or the major part of them to hear and determine any difference that may arise about the Election of any of their Members and to order what may concern the well ordering of their body And because we cannot foresee what variety and weight of occasions may fall into future consideration and what Counsels we may stand in need of It is Ordered that the Deputies of the General Court shall not at any time be stated and continued but from Court to Court No Deputies to hold longer then one year or at most but for a year that the Country may have an annual liberty to do in that case what is most behoofful for the welfare thereof 1641. 34. 35. A. 54. p. 3. Deputies to be Orthodox And it is further Ordered that no man although a Freeman shall be accepted as a Deputy in the General Court that is unsound in Judgement concerning the main points of Christian Religion as they have been held forth and acknowledged by the generality of the Protestant Orthodox Writers or that is scandalous in his conversation or that is unfaithful to this Government And it is further Ordered that it shall not be lawful for any Freeman to make choice of any such person as aforesaid that is known to himself to be under such offence or offences specified upon pain or penalty of five pounds and the Cases of such persons to be tried by the whole General Court 1654. And henceforth the Constables of each Town shall return the name of the person or persons chosen by the Freemen to be Deputies for the General Court and the time for which they are chosen Constable to return who â—re chosen Deputies and for what time whether for the first Session or for the whole year And every Constable that
Church way in case of apparent and just offence given in their places so it be done with due observance and respect Churches liberty to deal with their members But no Church Censure shall degrade or depose any man from any Civil Dignity Office or Authority he shall have in the Common-wealth 11. The Civil Authority here established hath power and liberty to see the Peace Ordinances and Rules of Christ be observed in every Church according to his Word as also to deal with any Church-member in a way of Civil Justice notwithstanding any Church Relation Office or Interest Private meetings 12. Private meetings for Edification in Religion amongst Christians of all sorts shall be allowed so it be done without just offence for number time place and other circumstances 1641. 13. The Treasurer of the Country shall defray the charges of the Elders of our Churches when they are imployed by special Order of the General Court L. 2. p. 7. 1642. Whereas it is the duty of the Christian Magistrate to take care the People be fed with wholesome and sound Doctrine and in this hour of temptation wherein the Enemy designeth to sow corrupt seed A. 58. Every company cannot be thought able or fit to judge of the Gospel qualifications required in the publick dispensers of the Word and all Societies of Christians are bound to attend Order and Communion of Churches Constant preachers to be without offence considering also the rich blessing of God flowing from the good agreement of the Civil and Church-estate and the horrible mischiefs and confusions that follow on the contrary It is therefore Ordered that henceforth no person shall publickly and constantly Preach to any company of People whether in Church Society or not or be Ordained to the Office of a Teaching Elder where any two Organick Churches Council of State or General Court shall declare their dissatisfaction thereat either in reference to Doctrine or Practise the said Offence being declared to the said company of People Church or Person untill the Offence be orderly removed and in case of Ordination of any Teaching Elder timely notice thereof shall be given unto three or four of the neighbouring Organick Churches for their approbation 1658 14. Forasmuch as the open contempt of Gods Word and Messengers thereof is the desolating sin of Civil State and Churches It is Ordered that if any Christian so called within this Jurisdiction shall contemptuously behave himself towards the Word Preached or the Messengers thereof Open opposers of the word called to dispense the same in any Congregation when he doth faithfully execute his service and Office therein according to the Will and Word of God either by interrupting him in his Preaching or by charging him falsely with any Error which he hath not taught in the open face of the Church or like a son of Korah cast upon his true Doctrine or himself any Reproach to the dishonour of the Lord Jesus who hath sent him and to the disparagement of his holy Ordinance and making Gods wayes contemptible and ridiculous that every such person or persons whatsoever censure the Church may pass shall for the first Scandal be convented and reproved openly by the Magistrate at some Lecture and bound to their good behaviour And if a second time they break forth into the like contemptuous carriages they shall either pay five pounds to the publick Treasury or stand two hours openly upon a Block or Stool four foot high on a Lecture day with a paper fixed on his breast written in Capital Letters AN OPEN AND OBSTINATE CONTEMNER OF GODS HOLY ORDINANCES that others may hear and be ashamed of breaking out into the like wickedness 1â—46 And every Christian as aforesaid that shall go about to destroy or disturb the Order and Peace of the Churches established in this Jurisdiction by open renouncing their Church estate or their Ministry L. 2. p. 5. or other Ordinances dispensed in them either upon pretence that the Churches were not planted by any new Apostle Disturbers of order and peace of Churches penalty or that Ordinances are for carnal Christians or for Babes in Christ and not for spiritual or illuminated persons or upon any other such like groundless conceit every such person who shall be found culpable herein after due means of conviction shall forfeit to the publick Treasury forty shillings for every month so long as he shall continue in that his obstinacy 1646. 15. Wherever the Ministry of the Word is Eâ—tablished according to the Order of the Gospel throughout this Jurisdiction Every person shall duely resort and attend thereunto respectively on the Lords dayes and upon such publick Fast dayes Absence from Meeting and dayes of Thanksgiving as are to be generally observed by appointment of Authority And if any person within this Jurisdiction shall without just and necessary cause withdraw himself from the publick Ministry of the Word after due means of conviction used he shall forfeit for his absence from every such publick meeting five shillings And all such offences may be heard and determined from time to time by any one or more Magistrates 1646. 16. To the end there may be convenient Habitations for the Ministers of the Word It is Ordered that the Inhabitants of every Town shall take care to provide the same either by hiring some convenient House Ministers houses how to be provided for for the use of the present Minister or by compounding with him allowing him a competent and reasonable sum to provide for himself so long as he shall continue with them or by building or purchasing an house for the Minister and his successors in the Ministry as the major part of the said Inhabitants shall agree And the particular sums assessed upon each person by a just Rate shall be collected and levyed as other Town Rates 17. That there may be a settled and incouraging maintenance of Ministers in all Towns and Congregations within this Jurisdiction A. 54. p. 6. It is Ordered that the County Court in every Shire shall upon information given them of any defect of any Congregation or Town within the Shire Provision for Ministers maintenance order and appoint what maintenance shall be allowed to the Minister of the place and shall issue out warrants co the Select men to assess the Inhabitants which the Constable of the said Town shall collect and levy as other Town Rates And it is hereby Declared to be our intention that an honourable allowance be made to the Minister respecting the ability of the place and if any Town shall finde themselves burdened by the Assessments of the County Court they may complain to the Court which will at all times be ready to give just release to all men 1654. IT being the great duty of this Court to provide that all Places and People within our Gates be supplied of an able and faithful Minister of Gods Holy Word Be it therefore Ordered
put to Election so shall they be nominated for Election except such of the eighteen who were Magistrates the year before who shall have precedency of all others in nomination on the day of Election And if any be trusted in this Order shall fail in the discharge of their trust shall forfeit ten pounds 1649. 4. It is Declared by this Court to be the constant liberty of the Freemen of this Jurisdiction to chuse yearly at the Court of Election out of the Freemen all the General Officers of this Jurisdiction and if they plea e to discharge them at the Court of Election by way of Vote they may do it without shewing cause Freemen to chose all general Officers but if at any other General Court we hold it due Justice that the reason thereof be alleadgâ—d and proved By General Officers we mean our Governour Deputy Governour Assistants Treasurer Major General Admiral at Sea Commissioners for the Vnited Colonies Secretary of the General Court and such others as aâ—e or here after may be of like General nature 1641. VVHereas it is found by experience that there are many who are Inhabitants of this jurisdiction who are Enemies to all Government Civil and Ecclesiastical who will not yield Obedience to Authority but make it much of their Religion to be in opposit on thereto and refuse to bear Arms under others who notwithstanding combine together in some Towns and make Parties suitable to their designes in Election of such persons according to their ends Persons exempt from voting in Elections It is therefore Ordered by this Court and the Authority thereof that all persons Quakers or others which refuse to attend upon the publick Worship of God here Established that all such persons whether Freemen or others acting as aforesaid shall and hereby are made uncapable of Voting in all civil Assemblies during their obstinate persisting in such wicked wayes and courses and until certificate be given of their Reformation And it is further Ordered that all those Fines and Mulcts of any such Delinquents as aforesaid which are not gathered nor paid to the several Treasurers of the Counties as also what Fines shall be laid on them for the future shall be delivered by the Order of the County-Treasurers respectively to the Select men of the several Towns whereunto they belong to be by them improved for the poor of the Town ESCHEATS IT is Ordered by this Court and the Authority thereof that where to Heir or owner of Houses Lands Tenements Goods or Chattels can be found they shall be seized to the publick Treasury till such Heirs or Owners shall make due claim thereto unto whom they shall be restored upon just and reasonable tearms 1646. FARMS IT is Ordered by this Court and the Authority thereof that all farms which are within the bounds of any Town shall henceforth be of the same Town in which they lye except Meadford 1641. Faires and Markets IT is Ordered by the Authority of this Court that there shall henceforth be a Market kept at Boston in the County of Suffolk Boston upon the fifth day of the week from time to time Salem And at Salem in the County of Essex upon the fourth day of the week from time to time Lyn. And at Lyn on the third day of the week from time to time Charlstown And at Charlstown in the County of Middlesex upon the sixth day of the week from time to time It is also Ordered and hereby Graunted to Boston aforesaid to have two Fairs in a year on the first third day of the third Month and on the first third day of the eighth Month from year to year to continue for two or three dayes together Also to Salem aforesaid to have two Fairs in a year on the last fourth day of the third Month L. 2. p. 7. and the last fourth day of the seaventh Month from year to year Watertown Also to Watertown in the County of Middlesex two Fairs in a year on the first sixth day of the fourth Month and the first sixth day of the seaventh Month. Also to Dorchester in the County of Suffolk two Fairs in a year on the fourth third day of the first Month and the last fourth day of the eighth Month from year to year 1633 34 36 38 48. FERRIES FOR settling all common Ferries in a right course both for the Passengers and Owners Men may pass Ferries in their own Boats It is Ordered by this Court and the Authority thereof That whosoever hath a Ferry granted upon any passage shall have the sole liberty for transporting Passengers from the place where such Ferry is granted to any other Ferry place where Ferry Boats use to land and any Ferry Boat that shall land Passengers at any other Ferry may not take Passengers from thence L. 2. p. 7. if the Ferry Boat of that place be ready Provided this Order shall not prejudice the liberty of any that do use to pass in their own or neighbours Cannoos or Boats to their ordinary labour or business But no Ferry man shall carry over the water any Passengers in a Cannoo but in case of necessity Ferry men not to carry in cannnoos and upon his own desire under the pain of forfeiture of the Cannoo or the value thereof to the Treasury And at Weymouth Ferry every single person shall pay for his Passage two pence And all Ferry men are allowed to take double pay at all common Ferries after day light is done and those that make not present pay being required shall give their names in wrighting or a pawn to the Ferry men or else he may complain of any such to a Magistrate for satisfaction And it is Ordered that all Magistrates and such as are or from time to time shall be chosen Deputies of the General Court Magistrates and Deputies to pass free with their necessary attendance viz. a Man and a Horse at all times during the time of their being Magistrates or Deputies but not their Families shall be Passage-free over all Ferries that pay no Rent to the Country 2. And for the preventing of danger in the Passing at Common Ferries It is Ordered That no person shall press or enter into a Ferry Boat contrary to the Will of the Ferry man None to enter the Ferry boat without leave of the Ferry men Magistrates Depuâ—ies or Elders or of the most of the Passengers first entred upon pain of ten shillings for every such attempt And that every Ferry man that shall permit or allow any person to come into his Boat against the will of any of the Magistrates or Deputies or any of the Elders shipped in such Boat or the greater part of the Passengers in the said Boat shall forfeit for every person so admitted or received against such their will so declared the sum of twenty shillings And it shall be in the power of any of the Ferry men to keep
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
which viewers shall be sworn as aforesaid and what they approve of as Merchantable the receiver shall accept and what is Refuse Fish shall be cast by and the said viewers for their labour and pains aforesaid shall be allowed one penny per Quintal for so much Merchantable Fish as he or they shall view to be paid one half by the deliverer and the other half by the receiver And for further direction to the viewers in tryal of Fish It is hereby Ordered That all Sun burnt salt burnt and Dry Fish that hath been first pickled shall be judged un-Merchantable Fishermens liberty to cut flakes regulated FOr the Explanation of an Order bearing date 1646. and the Repealing of the same 1667. For giving a liberty to Fishermen according to a Reservation in the Patent to cut down Wood for Flakes or Stage and other uses about their Fishing imploy that it is intended only in that Order to give liberty to such as are Strangers and come only to make Fishing Voyages and not to Fishermen that are Inhabitants who are not to trespass upon any person in their propriety but are liable to make satisfaction with damages as in any other Action of Trespass no way restraining Fishermen in Common Lands any Law Custome or Usage to the contrary notwithstanding IT is Ordered by this Court and the Authority thereof that no man shall henceforth kill any Cod fish Hake Hadduck or Polluck to be dried for sale in the Month of December or January because of their spawning time nor any Mackrell to Barrel up in the Month of May or June No Fish to be killd when they go to Spawn under penalty of paying five shilings for each Qâ—intal of Fish and Five shillings for each Barrel of Mackrell nor shall any Fisherman cast the Garbage of the Fish the catch over-board at or near the Ledges or Grounds where they take the Fish nor shall any of the Boats crew refuse or neglect to obey the Order of the Master of the Vessel to which they belong for the times and seasons of Fishing nor shall they take or drink any more Strong Liquors then the Master thinks meet to permit them the breach of these three last being under the penalty of Twenty shillings for the first Offence for the second forty shillings for the third three Months Imprisonment one third part of the aforesaid Fines to the Informer proving the same 1668. THis Court being informed that the taking of Mackrel at unseasonable times do greatly diminish their increase and will in the issue tend to the spoil of the Trade thereof Do Order and Enact That henceforth no Mackrell shall be caught except for spending whilst fresh To prevent damage by unseasonable killing of Mackrel before the first of July annually on penalty of the loss of the same the one half to the Informer and the other half to the use of the Country And any Magistrate or County Court is impowred to act herein to all intents and purposes for the execution of this Law VVHereas by the blessing of God the Trade of Fishing hath been advantagious to this Country which is like to be much impaired by the use of Turtooda's Salt which leaves spots upon the Fish by reason of Shells and Trash in it For prevention thereof To prevent damage by salting Fish with Turtoodas salt This Court doth Order and be it hereby Enacted That all such Fish that is salted with Turtooda's Salt and thereby spotted as abovesaid shall not be accounted for Merchantable Fish and all sworn Cullers of Fish are hereby required to have special regard to the fulfilling of this Order any Law or Custome to the contrary notwithstanding FORGERY IT is Ordered by this Court and the Authority thereof That if any person shall forge any Deed or Conveyance Testament Bond Bill Release Acquittance Letter of Attorney or any Writeing to pervert Equity and Justice he shall stand in the Pillory three several Lecture dayes and render double damages to the party wronged and also be disabled to give any Evidence or Verdict to any Court or Magistrate 1646. FORNICATION IT is Ordered by this Court and the Authority thereof That if any man Commit Fornication with any single Woman they shall be punished either by enjoyning Marriage or Fine or Corporal punishment or all or any of these as the Judges of the Court that hath Cognizance of the Cause shall appoint 1642. THere being a seeming contradiction between the Laws tit Fornication and tit Punishment This Court doth Declare That the former referring to a particular Crime a shameful Sin much increasing amongst us to the great dishonour of God and our profession of his Holy Name the punishment of that Sin shall be as is prescribed in the said Law any thing that may seem to restrain or limit the same contained in the other Law tit Punishment notwithstanding And in case any person legally convicted of that or any other shameful and vicious Crime be a Freeman it shall be in the liberty and power of the Court that hath the proper cognizance thereof besides any other Penalty or Punishment to adde Disfranchisement thereto 1665. VVHereas there is a Law provided by this Court for punishing of Fornicators but nothing as yet for the easing of Towns where Bastards are born in regard of the poverty of the Parent or Parents of such Children sometimes appearing nor any Rule held forth touching the reputed Father of a Bastard for legal conviction It is therefore Ordered and by this Court Declared that where any man is legally convicted to be the Father of a Bastard-childe he shall be at the care and charge to maintain and bring up the same by such Assistance of the Mother as nature requireth and as the Court from time to time according to circumstances shall see meet to Order and in case the Father of a Bastard by confession or other manifest proof upon trial of the case do not appear to the Courts satisfaction then the Man charged by the Woman to be the Father thee holding constant in it especially being put upon the real discovery of the truth of it in the time of her Travail shall be the reputed Eather and accordingly be liable to the charge of maintenance as aforesaid though not to other punishment notwithstanding his denial The reputed Eather of a Bastard to maintain it unless the circumstances of the Case and Pleas be such on the behalf of the Man charged as that the Court that hath the cognizance thereof shall see reason to acquit him and otherwise dispose of the Childe and Education thereof Provided alwayes in case there be no person accused in the time of her Travail it shall not be available to abate the conviction of a reputed Father any Law Custome or Usage to the contrary notwithstanding Freemen Non-Freemen TO the end the Body of the Freemen may be preserved of honest and good men L. 2. p. 8. None but
Church-members to be Freemen It is Ordered That henceforth no man shall be admitted to the Freedome of this Common-wealth but such as are Members of some of the Churches within the limits of this Jurisdiction And whereas many Members of Churches to exempt themselves from publick service will not come in to be made Freemen It is Ordered that no Members of Churches within this Jurisdiction shall be exempt from any publick service they shall be chosen to by the Inhabitants of the several Towns as Constables Jurors Select men Surveighors of the High-wayes and if any such person shall refuse to serve in or take upon him any such Office being legally chosen thereunto he shall pay for every such refusal such fine as the Town shall impose not exceeding twenty shillings for one offence 1647. THis Court having considered of the proposals presented to this Court by several of the Inhabitants of the County of Middlesex Repealed Do Declare and Order That no Man whosoever shall be admitted to the Freedome of this Body Politick but such as are Members of some Church of Christ and in full Communion which they declare to be the true intent of the ancient Law page the eighth of the second Book Anno. 1631. 1660. IN Answer to that part of his Majesties Letter of June 28. 1662. concerning admission of Freemen This Court doth Declare That the Law prohibiting all persons except Members of Churches Admission of Freemen and that also for allowance of them in any County Court are hereby Repealed And do also Order and Enact That from henceforth all English men presenting a Certificate under the hands of the Ministers or Minister of the place where they dwell that they are Orthodox in Religion and not vicious in their lives and also a Certificate under the hands of the Select Men of the place or of the major part of them that they are Free holders and are for their own proper estate without heads of persons rateable to the Country in a single Country Rate after the usual manner of valuation in the place where they live to the full value of ten shillings or that they are in full Communion with some Church among us It shall be in the liberty of all and every such person or persons being twenty four years of age House-holders and settled Inhabitants in this Jurisdiction from time to time to present themselves and their desires to this Court for their admittance to the Freedome of this Common-wealth and shall be allowed the priviledges to have such their desire propounded and put to vote in the General Court for acceptance to the Freedome of the Body politick by the sufferage of the major part according to the Rules of our Patent 1664. FOrasmuch as several persons who from time to time are to be made Freemen live remote and are not able without great Trouble and charge to appear before this Court to take their respective Oathes County Court to give the Oath of Freedome It is therefore Ordered that henceforth it shall be in the power of any County Court to Administer the Oath of Freedome to any persons approved of by the General Court who shall desire the same Any Law or Custome to the contrary notwithstanding 1664. Galloping in Boston streets VVHereas it appears that notwithstanding such wholsome Orders as have been hitherunto made by the Select men of Boston provided for the restraint of all persons from violent Riding in the streets of the said Town yet nevertheless many take the liberty and boldness to Gallop frequently therein to the great endangering the Bodies and Limbs of many Persons especially Children who are ordinarily abroad in the streets and not of age or discretion suddenly to escape such danger This Court havi g seriously considered the Premises being careful to prevent a practise that is like to be of such dangerous consequence Penalty for Gal. logi g in Boston strâ—et Do Order That no person whatsoever shall after the publication hereof Gallop any Horse within any the streets of the said Town upon penalty of forfeiting three shillings and four pence for every such offence upon conviction before any one Magistrate or Commissioner of Boston to be paid to the Treasury of the County of Suffolk unless it appear on extream necessity Gaming and Dancing UPon complaint of the disorders by the use of the Games of Shuffle-board and Bowling in and about Houses of Common-entertainment L. 2. p. 8. whereby much precious time is spent unprofitably and much waste of Wine and Beer occasioned No Gaming to Ordinarie It is Ordered by this Court and the Authority thereof That no person shall henceforth use the said Games of Shuffle board or Bowling or any other Play or Game in or about any such House Nor in any other House used as common for such purpose upon pain for every keeper of such House to forfeit for every such offence twenty shillings and every person playing at the said Game c. in or about any such House shall forfeit for every such offence five shillings No Gaming for money Nor shall any person at any time Play or Game for any Money or Money worth upon penalty of forfeiting treble the value thereof one half to the party informing and the other half to the Treasury nor shall any per on be an Abettor to any kinde of Gaming on the like penalty No Dancing in Ordinaries Nor shall there be any Dancing in Ordinaries upon any occasion on the penalty of fire shillings for every perâ—on that shall oslend and any Magistrate may hear and determine any offence against this Law 1646 47 51. For preventing disorders arising in several places within this urisdiction by reason of some still observing such Festivals A. 51. p. 8. as were Superstitiously kept in other Countries to the great dishonour of God and offence of others It is therefore Ordered by this Court and the Authority thereof that whosoever shall be found observing any such day as Christmas or the like either by forbearing labour Penalty for keeping Christmas feasting or any other way upon any such account as aforesaid every such person so offending shall pay for every such offence five shillings as a fine to the County And whereas not only at such times but several other times also it is a custome too frequent in many places to expend time in unlawful Games as Cards Dice c. It is therefore further Ordered and by this Court Declared That after publication hereof penalty for playing at Cards and Dice whosoever shall be found in any place within this Jurisdiction playing either at Cards or at Dice contrary to this Order shall pay as a fine to the County the sum of five shillings for every such offence VVHereas the great sin of Gaming increaseth within this Jurisdiction to the great dishonour of God corrupting of Youth and expendof much precious time and estate for the preventing of which and
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
the great increase of prophaness among us especially among the younger sort taking their opertunity of meeting together in places of publick Entertainment to corrupt one another by their uncivil and wanten carriage rudely singing and making a noise to the disturbance of the â—â—mity and other Guests if any be in the House Penalty for rude singing in Taverns This Court do therefore Order and hereby Enact That no person or persons whatsoever do presume either in Word or Deed to carry it uncivilly or wantonly singing rudely or making a noise to the disturbance of the Family or any other Guests in any place of Publick Entertainment on penalty of paying five shillings for every â—fâ—ence against this Law being therefore legally Convicted before any Court Magistrate or Commissioner And where sundry persons are in the same company where any such rude and uncivil carriages are acted and the particular person or persons unknown every of the said persons shall be liable to the like penalty unleâ—s they can attest their innocency and do freely give in their testimony against the nocent And if any person allowed to keep a house of publick Entertainmentshall suffer such carriages by any person or persons and not legally prosecute the same before Authority on legal conviction thereof before the County Court of whom they had their License they shall be debarred of any further renewal thereof 1664. As an Addition to the Law tit In-keepers It is Ordered by this Court and the Authority thereof That where any person or persons whatsoever shall presume to keep an House of publick Entertainment Ordinary Cooks shop or shall by Retail sell Wine Strong Beer Liquors or Cyder without License first had and orderly obtained or having had License and not renewed as the Law requireth or being discharged for any misdemeanour committed or suffered to be done in their Houses or in or about the same It shall be lawful for any Court or Magistrate on complaint made to them of such Misdemeanour to send for such person or persons before them and being legally convicted of any the abovesaid offences besides the penalty to require Bond with sufficient Sureties for the good Abbearance of such person or persons and in special for their obâ—ervance of the said Law And in case of Refusal to give such Bond with Sureties as is required the Court or Magistrate that hath cognizance of such Complaint shall commit such person or persons convicted as abovesaid to Prison until the next Court of that County 1665. VVHereas this Court hath made several Laws and Orders for the prevention of the sin of Drunkenness and mispending precious Time and Estate and yet notwithstanding great complaint is made of several persons spending their Time and Estate by Drinking and Tipling in Taverns and Ale-houses to the great dishonour of God and prejudice of their Families For the prevention whereof It is Ordered by this Court and the Authority thereof That the Select men of each Town shall be For prevention of Drunkenness and are hereby required and impowred to take special care and notice of all and every person and persons transgressing as abovesaid and thereupon to require him or them to forbear the frequenting of such Houses or Taverns and if any person shall after such warning given him be found in any such House of Entertainment and be legally convicted thereof before any one Magistrate or Commissioner he shall forfeit five shillings to be paid to the Treasurer of that Town for every such Offence or sit in Stocks as the Judges shall see meet And it is further Ordered That the Select men shall also give notice to the keepers of â—uch Publick Houâ—es that they suffer no such noted person in any of their Houses upon the penalty of twenty shillings for every such defect to be paid to the Treasurer as aforesaid 1670. Judgements and Executions VVHereas there is a great abuse in selling of Judgements and Executions and so altering the property of them before they be satisfied A. 54. or Goods seized whereby great inconvenience may arise as experience hath proved Judgements and Executions not to be sold This Court doth therefore Order That after the end of this Session no person shall sell Alienate or Assigne any Judgement or Execution whatsoever and if any shall presume to Act contrary to this Order his Sale Assignment or Alienation shall be void in Law and in case the party die after the Judgement before he hath taken out an Execution or before satisfaction be received his Executor or his Administrator shall take out or reniew the-Execution as the party deceased might have done JVRORS JVRIES IT is Ordered by this Court and the Authority thereof L. 2. p. 5. that the Secretary or Clerk of every Court Clerk to grant warrant for Jurors shall in convenient time before the sitting of the Court send Warrants to the Constables of the several Towns of the Jurisdiction of that Court for Jury-men proportionable to the Inhabitants of each Town Chosen by the Freemen And the Constable upon the receipt of such Wariant shall give timely notice to the Free men of their respective Towns to chuse so many able discreet men as the Warrant shall require which men so chosen Constables to return the warrant he shall warn to attend the Court whereto they are appointed and shall make return of the Warrant unto the Clerk aforesaid The like Order shall be observed in the choice and summoning juries to attend special Courts A. 51. p. 5. L. 2. p. 8. Jâ—ies at special Courâ—s allowed 4. â— per diem At which Courts every Jury man shall be allowed four shillings per diem for their charges and to be paid by him upon whose motion the Court was granted And all Juries serving at the Court of Assistants at Boston L. 1. p. 32. shall be Summoned respectively out of the Counties of Suffolk and Middlesex Jury to finde accord to Eviden And all Jurors so chosen shall be Impannelled and sworn truely to try between party and party and shall finde the matter of fact with the damages and costs Bench to determine matter of equity according to their evidence and the Judges shall declare the Sentence or direct the Jury to finde according to Law and if there be matter of apparent equity as the forfeiture of an Obligation breach of Covenant without damage or the like the Bench shall determine such matters of equity And no tryal shall pass upon any man for life or Banishment in any inferiour Court but by a special Jury Summoned for that purpose Grand-Juries 2. It is also Ordered that there shall be Grand juries Summoned in like manner every year unto the several Courts in each Jurisdiction to present all misdemeanours they shall know or hear L. 1. p. 47. to be committed by any person within the Jurisdiction and to do any other service of the Common-wealth they shall
not Ebbe above a hundred Rods and not more wheresoever it Ebbs further Provided that such Proprietor shall not by this liberty have power to stop or hinder the passage of Boats or other Vessels in or through any Sea Creeks or Coves to other mens Houses or Lands Liberty to pass through propriety to fish fowl And for great Ponds lying in Common though within the Bounds of some Town it shall be free for any man to fish and fowle there and may pass and repass on foot through any mans propriety for that end so they trespass not upon any mans Corn or Meadow 1641 47. Liberty to remove out of the Jurisdiction 3. Every man of or within this Jurisdiction shall have free liberty notwithstanding any Civil Power to remove both himself and his Family at their pleasure out of the same Provided there be no legal impediment to the contrary 1641. LYING VVHereas Truth in Words as well as in Actions is required of all men especially of Christians who are the professed Servants of the God of Truth And whereas all Lying is contrary to Truth and some sort of Lies are not only sinful as all Lyes are but also pernicious to the publick Weal and injurious to particular persons It is therefore Ordered by this Court and Authority thereof That every person of the age Age of discretion 14 years of discretion which is accounted fourteen years who shall wittingly and willingly make or publish any Lye which may be pernicious to the Publick Weal or tending to the damage or injury of any particular person or with intent to deceive and abuse the People with false News and Reports and the same duely proved in anâ— Court or before any one Magistrate who hath hereby power granted to hear and determine all offences against this Law such person shall be fined for the first offence ten shillings first offence 10 â—â— or stock or if the party be unable to pay the same then to be set in the Stocks so long as the said Court or Magistrate shall appoint in some open place not exceeding two hours For the second offence in that kinde whereof any shall be legally convicted shall pay the sum of twenty shillings or be whipped upon the naked Body not exceeding ten stripes Second offence 〈…〉 wâ—â—â— Third offence And for the third offence forty shillings or if the party be unable to pay then to be whipped with more stripes not exceeding fifteen Fourth offence And if yet any shall offend in like kinde and be legally convicted thereof such person Male or Female shall be fined ten shillings a time more then formerly or if the party so offending be unable to pay then to be whipt with five or six more stripes then formerly not exceeding forty at any time The aforesaid fines shall be leavied or stripes inflicted either by the Marshal of that Jurisdiction or Constable of the Town where the offence is committed according as the Court or Magistrate shall direct And such fines so leavied shall be paid to the Treasury of the Shire where the cause is tryed Liberty to Appeal And if any person shall finde himself grieved with the Sentence of any such magistrate out of Court he may Appeal to the next Court of the same Shire If causeless doubly fined giving sufficient security to prosecute his Appeal and abide the Order of the Court and if the said Court shall judge his Appeal causeless he shall be double fined and pay the charges of the Court during his Action or corrected by whipping as aforesaid not exceeding forty stripes and pay the costs of the Court and party complaining or informing and of the Witnesses in the case And for all such as being under age of discretion that shall offend in Lying contrary to this Order Under age to be corrected by Parents their Parents or Masters shall give them due correction and that in the presence of some Officer if any Magistrate shall so appoint Provided alwayes that no person shall be barred of his just action of slander or otherwise by any proceeding upon this Order 1645. MAN-SLAVGHTER A man may kill in his own defence IT is Ordered by this Court and the Authority thereof That if any person in the just and necessary defence of his life or the life of any other shall kill any person attempting to Rob or Murther in the Field or High-way or to break into any dwelling house if he conceive he cannot with safety of his own person otherwise take the Felon or Assailant or bring him to Tryal he shall be holden blameless 1647. MARITIME AFFAIRES WHereas through the Blessing of God upon this Jurisdiction the Navigation and Maritime Affaires thereof is grown to be a considerable Interest the well management whereof is of great concernment to the publick Weal For the better Ordering the same for the future and that there may be known Laws and Rules for all sorts of persons imployed therein according to their several stations and capacities and that there may be one Rule for the guidance of all Courts in their proceedings in distributive Justice This Court doth Order and be it Ordered by the Authority thereof SECT I. That whereas there is many times differences between Owners of Ships Ketches Barques and other Vessels Minor part overs to bâ—â—â—â—â—ded by the major part in setting forth their several parts whereby damage doth accrue to the particular concernment of Owners and if not prevented may be a great obstruction of Trade where there are several Owners concerned as Owners in Ship Ketch Barque or other Vessel whatsoever used for Traffick Commerce Fishing Logge Board Wood or Stone Carriage upon Salt or Fresh-water all such Owners of lesser part shall be concluded for the setting forth of his part by the major part of the whole concerned such Owners so concluded having notice given them of the meeting for such conclusion if they be nigh hand and in case of any Owner refusing or by reason of neglect or absence or not able to provide for the setting forth his part the Master of such Ship or Vessel may take up upon the Bottome for the setting forth of the said part the which being defrayed the remainder of the income of such part to be paid by the Master to the said Owner SECT II. Owners refuâ—â—â—â— to signe Charâ—â—â— parts to make publick protest c. And in ease of Fraightment where any Owner shall refuse to assent to the letting out of Ship or Vessel where he is interessed such dissenter shall manifest it by some publick act of protest before the signing of charter party except the Master or the rest of the Owners or both conceal from him or them their actings then his or their protest after charter party signed by themselves or agents shall be taken for legal dissent yet not to hinder the proceed of the Ship or Vessel but that those so sending her
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
Officers of companies and no other shall have liberty to give his Vote for the Nomination of Military Officers of that Town or Company where he dwells To be allowed by the County Courts Provided they be Freemen and all persons so Nominated shall be presented to the Court of that County to be allowed and confirmed in their respective Offices unless the said Court shall see cause to the contrary and no person shall be acknowledged or accepted as an Officer of any Company without the allowance and approbation of the County Court first had and obtained 4. And in every Town where there is sixty four Souldiers liable to attend constant Training besides the Officers A. 53. p. 13. such number of Souldiers shall be accounted a Foot Company 64 Soldiers to be a Company and have liberty of Nomination of all the Officers of a Foot Company and shall have two Drums And in smaller Towns where there shall be a less number then sixty four as aforesaid they shall have liberty of Nomination of Serjeants and other inferiour Officers only to teach and instruct them in the exercise of Arms. And the Major of the Regiment shall have power to Order and Regulate the smaller Towns and to joyn them into one compleat Company as occasion may require which shall have liberty of choice of all Officers as aforesaid And every Captain Lieutenant and Ensâ—gn shall have Commission from the General Court Capt. Lieu. Ensi to have commis for the holding of their places and exercise of their duties 5. The said Military Officers of every Company shall take care that their Souldiers be well and compleatly Armed and shall appoint what Arms every Souldier shall serve with Capt. to appoint the Sould. Arms Provided two thirds of each Company be Musquetiers and those which serve with Pikes have Corslets and Head-peices To exercise 6 dayes yearly And they shall exercise their Souldiers Six dayes every year when the Captain or chief Officer shall appoint by giving publick warning thereof three or four dayes before the day of Exercise Provided that so many dayes as shall be expended by Order of the Major of the Regiment in the Exercise of the Regiment and in marching to and from the place of Exercise shall be accounted as part of their six dayes 6. Also the three chief Officers of each Company shall have power to punish such Souldiers as shall commit any disorder or contempt upon any day or time of Military Exercise 3 chief Offic. to punish disorders of Souldiers or upon any Watch or Ward by Stocks Bilboes or any other usual Military punishment or by fine not exceeding twenty shillings or may commit such Offender to the Constable to be carried before some Magistrate who may binde him over to the next Court of that Shire if the cause so require or commit him to Prison 7. Every Foot Souldier shall be compleatly Armed and Furnished the Pike-man with a good Pike well headed Corslet Head-peice Sword and Snapsack Souldiers how to be armed the Musquetiers with a good fixed Musquet not under Bastard Musquet Bore nor under three foot nine inches in length nor above four foot three inches long with a Priming wire Worm Scourer and Mould sitted to the Bore of his Musquet also with a good Sword Rest Bandeliers one pound of Powder twenty Bullets Souldiers have to be Armed and two fathom of Match upon the penalty of ten shillings for every defect And all other Inhabitants of this Jurisdiction on penal of 10.3 except Magistrates and Elders of Churches the President Fellows and Students of Harvard Colledge shall alwayes be provided of Arms and furnished as aforesaid and other inhabitants under the penalty aforesaid 8. And if any person cannot procure Arms or Amunition with such means as he hath Wanting Arms to carry â—ay to Clerk to prâ—vâ—de if he shall bring to the Clerk so much Corn as by apprizement of the said Clerk and two other indifferent men whereof one to be chosen by the party shall be adjudged of greater value by a fifth part then such Arms or Amunition is of he shall be excused of the penalty for want of Arms until he be provided And the Clerk shall endeavour to furnish him so soon as may be by sale of such Goods so disposited rending the party the overplus Poor how to be furnished with Arms But if any person shall not be able to provide himself Arms and Amunition through meer poverty if he be single he shall be put to service by some Magistrate or the Constable shall provide him Arms and Amunition and shall appoint him when and with whom to earn it out 9. Every person above the age of sixteen years shall duely attend all Military Exercise and Service as Training Watching Warding A. 52. p. 13. under the penalty of five shillings for every fault except Magistrates Deputies and Officers of Court Elders and Deacons the President Fellows Persons exempt from T'taining Students and Officers of Harvard Colledge and professed School-masters Physitians and Chyrurgeons allowed by two Magistrates Treasurers Surveyor General Publick Notary Masters of Ships and other Vessels above twenty Tuns Fishermen constantly imployed at all fishing seasons constant Herdsmen and such other as for bodily infirmity or other just cause shall by any County Court A. 56. p. 12. or Court of Assistants after notice of the parties desire to the chief Officer of the Company to which he belongs be discharged also one servant of every Magistrate and Teaching Elder and the Sons and Servants of the Major General for the time being also such as dwell at remote Farms or have a Ferry to pass shall be exempt from Watching in the Town but shall Watch and Ward as their chief Officer shall direct otherwise and all Farms distant above four miles from the place of exercising the Company or have a Ferry to pass over A. 53. that have above twenty Acres of Land in Tillage and twenty Head of great Cattle upon such Farm shall upon reasonable allowance to the Company have one man exempted from ordinary Trainings Clerk of the Band 10. And it is Ordered That in every Town or Company there shall be chosen as other Military Officers are chosen a discreet able man to be Clerk of the Band and if any shall refuse to accept the place or to take his Oath he shall pay to the use of the Company forty shillings and the Company shall chuse another and all that refuse the place or Oath as aforesaid To call Roll aâ—â—eâ—d on training dayes shall pay forty shillings a piece till one doth accept the place and he that doth hold the place shall have a fourth part of the fines for his labour And the Clerk shall upon every Training day twice once in the forenoon as also in the afternoon at such time as the Captain or chief Officer then in the field shall appoint
Foot have in like cases And in case of Alarm every Troop shall fit himself in all respects for service and shall speedily repair to the Guard in the Town where he dwells A. 53. under the penalty of five pounds How Troops are disposed in case of Alarm and shall duely attend such service as the Committee of Militia of that Town shall require until he shall otherwise be commanded by Order from his Captain or other Superiour Officer And no Officer of any Foot Company shall be a listed Trooper No Troop to be drawn out of the County And no Troop shall be drawn out of the County upon any pretence by the Captain and Officers thereof except in pursuit of an Enemy upon a Rout but by Order of the Major General And the Captains of Horse and of Foot respectively the Majors of the Regiments and the Major General are required in their respective charges to take care the Military Orders respecting Foot and Horses be duely executed and observed 1645 47 48 52 53 54 55 56. Troopers peâ—â—lty Also it is Ordered That no Trooper put off or change his Horse without leave from his Commander under the penalty of five pounds and that for non-appearance on dayes of exercise the fine shall be ten shillings and that no Trooper being Listed may at his pleasure disband himself without leave orderly obtained from his Commander and returned by certificate to the Commander of the Foot in the Town to which they belong under the penalty of such a fine as his chief Officer shall impose not exceeding fifty shillings FOr a were full and clear understanding of the intent of this Court in reference to Commissions greated to Muttary Officers It is Ordered and hereby Declated That all Commissions of inferiour Officers be and do stand good and in force Officers Commissionâ— notwithstanding the death or removal of their Superiour Officers It is also further Ordered That all trained Souldiers whether Horse or Foot shall repair to their several Quarters and lodge their Arms immediately after their dismissâ—on upon Training dayes And whosoever shall either singly or in companies remain in Arms and vainly spend their time and Powder by inordinate shooting in the day or night after their Release such Souldiers upon conviction shall be punished by their Superiour Officers order â—â—sâ—rder in alâ—â—â—â— to be pâ—â—â—â—ed by the Officers upon the next Training day at the head of the Company by sharp Admonition or otherwise with any usual Military punishment at the discretion of the chief Officer Provided the Magistrate have not taken notice of the matter before It is also further Ordered That all Souldiers whether Horse or Foot who shall disobey the lawful commands of their Superiour Officers upon any Training day either in time of exercise in the Body or otherwise refusing to perform any service which their Officers in their discretion shall judge expedient in order to the furtherance and promoting Military work such refractory Souldiers shall be punished either by Admonition or otherwise at the head of the Company with any usual Military punishments at the discretion of the chief Officers It is also further Ordered and be it hereby Enacted that the Law limiting Troops Repealed not to exceed seaventy persons in a Troop as also for allowance of five shillings per Annum is hereby Repealed in reference to any that shall be listed after the publication of this Order And that henceforth none shall be admitted to be a listed Trooper but such whom themselves or Parents under whose government they are do pay in a single County Rate for one hundred pounds estate and in other respects qualified as the Law provides And the same certified under the hand of the Constable of the Town where they live 1663. FOrasmuch as complaints have been made to this Court of very great inequality in keeping and maintaining of Military Watches the burthen of that service yâ—ng mainly if not altogether upon such as bear Arms when several persons of good I state are free All which considered Millary Watches It is Ordered that henceforth all persons whatsoever within this Jurisdiction who are liable to serve in Constables Watches shall also be liable to the like service in all Military Watches either in their own persons or by a sufficient supply to be made by all such persons as aforesaid or shall pay twelve pence in money and that under the penalty of five shillings for every such neglect to be leavied by the Clerk of each Company by Warrant under the hand of the chief Officer of the same 1664. VVHereas this Court hath already provided for the well ordering and setling the Militia of this Common-wealth Major General Majors power to see that all the Arms or the Country be readily fixt as in the Law tit Military yet forasmuch as many Complaints are presented to this Court that the said Orders are not so attended as is to be desired considering the present juncture of affairs between our English Nation and forreign Enemies who are now engaged in a Bloody War which calls for a prudential endeavour of our own safety against any forreign Invasion or suddain Surprizal This Court doth therefore Order and Enact That the said Military Laws be by all persons therein mentioned forthwith attended in all respects And for the better effecting the same the Major General is required forthwith by warrant under his hand to the Majors of the several Regiments to require them to make diligent inquiry into the state of the several Companies under their charge and to be certified under the hands of the Commission officers or chief Officers where no Commission Officers are of each Company of all defects of Arms Amunition or otherwise in every respect And the said Majors respectively are required to give speedy advice to the Major General what posture their said Regiments are in and wherein the said Majors cannot of themselves forthwith make redress of any defects in the said Companies the said Majors with the advice of the Major General have hereby power to use all lawful means to effect the same Five pounds penalty for defects of inferiour Officers And all inferiour Officers are hereby required to yield ready Obedience to all such Warrants sent to them by the said Majors respectively or Major General upon the penalty of five pounds for every such defect to be leavied by distress by such person as the said Major General and Majors of the Regiments shall depute All the fines to go to procute a stock of powder for the company where the defects arise which said sines shall be for a stock of Powder for the said Company where the defects arise from time to time And whereas several Towns in this Jurisdiction are not under the Command of any Serjeant Major as Dover Portsmouth c. as also the Towns of the County of Hampshire The several Towns that are not under Majors
of Regiments to be regulated ordered by the Major General It is Ordered That the Major General take care for regulating of the Military affaires of such Towns till they are brought under a Major as in other Counties And all Military Officers of such places are required obedience to the Orders of the Major General from time to time upon the penalty above mentioned for every defect 1666. VVHereas the Law tit Military Sect. 7. requires every Pike man to be compleatly furnished amongst other weapons with a sufficient Corslet This Court considering that Corslets are wanting to many Souldiers in several Companies and that supplies therein are not easily to be attained It is therefore now Ordered and by the Authority of this Court Enacted That every Pikeman within this Jurisdiction shall be compleatly furnished either with a sufficient Corslet Buffe Coat or Quilted Coat Pike men to prâ—vide Buâ—â— Coats or Quiâ—ed coatâ— such as shall be allowed by the chief Officer under whose command they from time to time shall serve upon the penalty in the recited Law already expressed any Law Custome or Usuge to the contrary notwithstanding 1666. THis Court considering the direction of our Patent regulating to the stating of all Military Officers in this furisdiction Do hereby Order and Declare That all Commission Officers that at present are in power are confirmed according to their respective Commissions but for the time to come where new are to be chosen it is only in the power of the General Court or in case of emergency for the Council of the Common-wealth How Officers are to be chosen to Nominate Choose Appoint and Impower all Commission Military Officers excepting the Major General and Admiral by Sea the choice of whom are otherwise provided for by Law and for all inferiour Officers in Companies they are to be chosen and appointed by the Commission Officers of that Company and where no Commission Officer is by the Major of the Regiment 1668. THe Court considering that the Regiments are multiplied from three to six since the Law was made requiring the Serjeant Majors of every Regiment to draw forth his Regiment once in three years to exercise them in Military Discipline Regimental meetings Do Order That henceforth the Regimental Meetings shall be in this following Order i. e. Suffolk this present year 1671. Norfolk including the County of Portsmouth and Dover 1672. Middlesex Anno 1673. Yorkshire Anno 1674. Essex Anno 1675. Hampshire Anno 1676. And so to be continued in this Order successively from time to time And the Majors of Norfolk Yorkshire and Hampshire are allowed towards their expenses and entertainment occasioned by that service ten pounds a piece respectively for the time of that service to be paid by their respective County Treasurers And it is also Ordered That henceforth the allowance of twenty pounds a piece granted formerly to the Majors of the three old Regiments shall be paid by the County Treasurers respectively for such their service any thing contrary hereunto contained in the Military Law Sect. 2. notwithstanding 1671. MINES FOr incouragement of such as will adventure for the discovery of Mines It is Ordered by this Court L. 2. p. 11. Discoverers of Mines to enjoy the profit for 21 years That whosoever will be at the charge for the discovery of any Mine within this Jurisdiction shall enjoy the profits thereof with a fit proportion of Land to the same for twenty one years to their proper use and also that such persons shall have liberty to purchase the interest of any of the Indians in such Lands where such Mines shall be found provided they shall not enter upon any Towns or persons Propriety without his leave 1641. 2. And any Inhabitant within this Jurisdiction that shall have or finde any kinde of Mine or Mines whatsoever in any of their own proprieties the whole benefit and profit of such Mines are due and shall belong to such Proprietor of Land wherein such Mine shall be found to them and to their Heirs for ever as any part of their Lands Minneries Possessions or Profits whatsoever paying onely the fifth part of Gold and Silver Oar according to proviso made on that behalf MONEY IT is Ordered by this Court and the Authority thereof A. 52. p. 12. That a Mint-house be Erected at Boston and that the Master of the said Mint and all the Officers thereof shall be sworn and allowed by this Court Mint house at Boston or by such as shall be Authorized by this Court for that purpose And all persons whatsoever have liberty to bring into the said Mint all Bullion Plate or Spanish Coyn there to be melted and brought to Alloy of Sterling Money by the Master of the said Mint and his sworn Officers from time to time by him or them to be Coyned into twelve penny six penny and three penny pieces which shall be stamped with a double Ring on either side with this Inscription Stamp of the Coyn MASSACHUSETS and a Tree in the center on the one side NEW-ENGLAND with the year of our Lord and the figure XII VI. III. according to the value of each piece on the other side together with a privie mark which shall be appointed every three Months by the Governour and known onely to him and the sworn Officers of the Mint And further the Master of the Mint aforesaid is hereby required to Coyn all the said Money of good Silver Value of the Coyn of the just Alloy of new Sterling English Money and for value two pence in the shilling of lesser value then the present English Coyn and the lesser pieces proportionably And all such Coyn as aforesaid and no other except English shall be acknowledged to be the currant Money of this Common-wealth and to pass from Man to Man in all payments accordingly within this Jurisdiction And the Mint master for himself and Officers for their pains and labour Melting Allowance for Coyning Refining and Coyning is allowed by this Court to take one shilling out of every twenty shillings which he shall stamp as aforesaid and it shall be in the liberty of any person who brings into the Mint-house any Bullion Plate or Spannish Coyn to be present and see the same Melted Refined and Alloyed and then to take a Receipt of the Master of the Mint for the weight of that which is good Silver Alloyed as aforesaid for which the Mint-master shall deliver him the like weight in currant Money viz. every shilling to weigh three pence Troy weight Weight of the Coyn and lesser pieces proportionably deducting allowance for Coynage as before is expressed Mint masters Officers to be known And it is further Ordered That a Committee be chosen by this Court to appoint a Mint-house in some convenient place in Boston and to approve and swear the Master and all the Officers and to Order and Determine what shall further appear necessary to carry on
the one half to be paid by the Buyer and the other half by the Seller And what Masters of Ships or other Vessels or Merchants shall fail in the observation of this Order he or they shall forfeit to the Country two shillings for every Tunne so disposed of unless the parties shall otherwise agree SALT-PEETER VVHereas this Court hath Encouraged and Authorized some Persons to make Gun-Powder and have promised to enable them thereunto by such Publick and Necessary Orders as may conduce to the effecting the same The consideration whereof hath moved the Court hereby to Order and Enact Select-men to make Orders with penalty to propagate Salt-Peeter c. That the Select-men of every Town where the Powder-makers Authorized by this Court shall desire it be Authorized and Required hereby to make and execute such Orders in their respective Towns as they shall judgde meet with the advice of skilful persons for increasing and procuring of Salt-Peeter and to impose such penalties as the Select-men shall see meet not exceeding ten shillings for one offence upon all persons that shall neglect or refuse to perform such Order or Orders for the propagating and increasing of Salt Peeter in their respective Towns And Moreover the said Select-men are further Impowred to choose and appoint an Officer or Officers and to allow him a convenient stipend Annually for his pains out of the fines or otherwise to look to the executing such Orders as they shall make in that behalf And it is further Ordered That such Select men who shall neglect or refuse to make and effectually Execute such necessary Orders as shall conduce to the ends aforesaid they shall be Presented at the Court of that County and there be fined for their neglect at the discretion of the Court nor exceeding five pounds for one offence And this Law to be put in Execution forthwith after the publication thereof and this to continue during the Courts pleasure 1666. Seal-Publick IT is Ordered by this Court and the Authority thereof That the Governour for the time being or any other Officer to whom the custody of the Publick-Seal is committed do affix the publick-Seal unto all Commissions for Military Officers and to all other Commissions and Writings of publick concernment that shall issue forth from this Court or the Council without paying any thing for the Seal And the Secretary for the time shall write and procure the Seal to be affixed and deliver the said Commissions and other publick Instruments to the parties concerned and for his Fees of Writing and Wax he is allowed one shilling for every Commission or other publick Instruments to be paid by the Treasurer of the Country And this Law to be in force any Law Custome or Usage to the contrary notwithstanding 1664. SCHOOLS IT being one chief project of Sathan to keep men from the knowledge of the Scripture as in former times keeping them in unknown Tongues so in thâ—se latter times by perswadâ—ng from the use of Tongues that so at least the true sense and meaning of the Original might be clouâ—ed and corrupted with false glosses of Deceivers to the end that Learning may not be buried in the Graves of our fore Fathers â—n Church and Common-wealth the Lord assisting our endeavours Schools in towns of 50 Families It is therefore Ordered by this Court and Authority thereof That every Town ship within this Jurisdiction after the Lord hath increased them to the number of fifty House-holders shall then forthwith appoint one within their Towns to teach all such Children as shall resort to him to Write and Read how maintained whose Wages shall be paid either by the Parents or Masters of such Children or by the Inhabitants in general by way of supply as the major part of those that Order the prudentials of the Town shall appoint Provided that those which send their Children be not oppressed by paying much more then they can have them taught for in other Towns Grammar school 2. And it is further Ordered That where any Town shall increase to the number of one hundred Families or House-holders they shall set up a Grammar School the Master thereof being able to Instruct Youth so far as they may be fitted for the University And if any Town neglect the performance hereof above one year Towns neglect to pay â—â—ll per Annum to the next School then every such Town shall pay five pounds per Annum to the next such School till they shall perform this Order 3. Forasmuch as it greatly concerns the welfare of this Couâ—try that the Youth thereof the Educated A. 54. p. 1. not only in good Litterature but in sound Doctrine Retrodox School Master not to be allowed This Court doth therefore commend it to the serious consideration and special care of our Overseers of the Colledge and the Select men in the several Towns not to admit or suffer any such to be continued in the Office or Place of Teaching Educating or Instructing Youth or Children in the Colledge or Schools that have manifested themselves unfound in the Faith or scandalous in their Lives and have not given satisfaction according to the Rules of Christ VVHereas the Law requires every Town consisting of one hundred Families or upwards to set up a Grammar School and appoint a Master thereof able to instruct Youth so as to fit them for the Colledge and upon neglect thereof the said Town is to pay five pounds per Annum to the next Latin School until they shall perform that Order A Grammar School to be Towns of 100 Families The Court upon weighty Reasons judge meet to Declare and Order That every Town of one Hundred Families and upwards that shall neglect or omit to keep a Grammar School as is provided in that Law such Towns shall pay ten pounds per Annum unto the next Town School that is settled according to that Law 1671. SELF-MVRTHER THis Court considering how far Satan doth prevail upon several persons within this Jurisdiction to make away themselves judgeth that God calls them to bear testimony against such wicked and unnatural practises that others may be deterred therefrom Self murders denied ordinary burials Do therefore Order That from henceforth if any person Inhabitant or Stranger shall at any time be found by any Jury to lay violent hands on themselves or be wilfully guilty of their own Death every such person shall be denied the priviledge of being Buried in the Common Burying place of Christians but shall be Buried in some Common High-way where the Select-men of the Town where such person did inhabit shall appoint and a Cart-load of Stones laid upon the Grave as a Brand of Infamy and as a warning to others to beware of the like Damnable practises 1660 SHEEP VVHereas the keeping of Sheep tends much to the benefit of the Country and may in short time make good supply towards the cloathing of the Inhabitants if carefully preserved
Letters that he shall send for England in any wise referring to this matter Moreover it is Ordered That the Secretary take special care forthwith to send by the first oportunity four Copies of the Councils and one of the Copies of the Act of Parliament relating thereunto to the four General Governments of New-England viz. Plimouth Connecticot New-Haven and Road Island 1663. Penalty for drinking healths c. in ships or vessels BE it also Enacted by the Authority of this Court That no Masters of Ships or Seamen having their Vessels Riding within any of our Harbours in this Jurisdiction shall presume to Drink Healths or suffer any Healths to be drunk within their Vessels by day or night or to shoot off any Gun after the Day-light is past or on the sabbath-Sabbath-day on penalty for every Health twenty shillings and for every Gun so shot twenty shillings And the Captain of the Castle is hereby enjoyned to give notice of this Order to all Ships that pass by the Castle 1663. IT is Ordered by this Court and the Authority thereof That all Ships and Vessels above Twenty Tuns that Trade within our Ports belonging to other places Ships of Burden to pay half a pound of Powder the Tun or that the greater part of the Owners thereof are not Inhabitants of this Jurisdiction shall pay half a pound of Gun powder or the full value thereof in money for every Tun of Burthen they are of every Voyage they make hither towards Provisions for Publick Fortifications which is to be paid to the persons hereafter named or to whom they shall Depute under their hands For the Ports of Boston and Charls-town Major General Leveret For Salem and Marble-head Major William Hauthorn For Pascataqua River Mr. Richard Cutts And in case if Master or Commander of any such Ships or Vessels shall refuse upon Demand to pay the same it shall be lawful for the said Gentlemen or any one of them to send forth their Warrants to any Marshal or Constable to Distrein upon the Goods of such Master or Commander or on any of the Appurtinencies of their Vessels for the same with the charges thereof And the Gentlemen appointed as aforesaid shall be accountable to the General Court when called thereunto for what they shall receive by virtue of this Order and are to deliver the Powder or Money they have in their Hands once every year or oftener unto the Surveyor General excepting one shilling out of every twenty shillings they shall receive which shall be allowed them for Defraying their necessary charges thereabout 1667. TO prevent Calumny Reproach and Prejudice to this Colony and the Inhabitants and Trade thereof All trade 〈…〉 It is Ordered That no person shall henceforth Trade or Truck with any Vessel that shall Arrive upon our Coast until the same shall come under command and ride in our usual Harbours and have acknowledged the Government as the Law provides upon the penalties of all such Goods Traded and such further punishment as the Court of Assistants shall adjudge 1670. SPINNING THis Court taking into serious Consideration the present streights and necessities of the Country in respect of Cloathing A. 55. p. 11. which is not like to be so plentifully supplied from forreign parts as in times past and not knowing any better way or means conduceable to ouâ— subsistance then the improving of as many hands as may be in Spinning Wool Cotton Flax c. Select men to appoint how much each saâ—nily mall Spâ—â— Doth therefore Order and be it Ordered by the Authority of this Court That all hands not necessarily imployed on other occasions as Women Girls and Boyes shall and hereby are enjoyâ—ed to Spin according to their skill and ability and that the Select men in every Town do consider the condition and capacity of every family and accordingly do assess them at one or more Spinners And because several Families are necessarily imployed the greatest part of their time in other business yet if opportunities were attended sâ—me time might be spared at least by some of them for this work The said Select Men shall therefore Assess such Families at half and quarter Spinners according to their capacities And every one thus aforesaid for a whole Spinner shall for time to come Spin every Year for thirty Weeks three pound a Week of Linnen Cotton or Woollen and so proportionably for half and quarter Spinners under the penalty of twelve pence a pound short And the Select Men shall take special care for the Execution of the Order which may easily be effected by dividing their several Towns into ten six five c. parts and to appoint one of the ten six or five c. to take an account of their Divisions and to certifie the Select Men if any be defective in what they are Assessed who shall improve the penalties imposed on such as are negligent for the encouragement of those that are diligent in this work 1655. STRAYES Einders of goods to give notice to the Const to cry IT is Ordered by this Court and the Authority thereof That whosoever shall take up any Stray Beast or finde any Goods lost whereof the Owner is not known he shall give notice thereof to the Constable of the same Town within six dayes who shall enter the same in a Book and take Order that it be cryed at their next Lecture or General Town-meeting upon three several dayes And if it be above twenty shillings value at the next Market or two next Towns publick Meetings where no Market is within ten miles upon pain that the party so finding and the said Constable having such notice and failing to do as is here appointed to forfeit either of them for such default one third yâ—â—t of the value of such Stray or lost Goods Einders to opprize Record lost goods And if the finder shall not give notice as aforesaid within one Month or if he keep it more then three Months and shall not apprize it by indifferent men and also Record it with the Recorder of the County Court where it is found he shall then forfeit the full value thereof Restore the goods if the Owner appear in a year And if the Owner appeareth within one Year after such Publication he shall have restitution of the same or the value thereof paying all necessary charges and to the Constable for his care and pains as one of the next Magistrates or the three Commissioners of the Town shall adjudge And if no Owner appear within the time prefixed the said Stray or lost Goods shall be to the use of the finder paying to the Constable ten shillings or the fifth part of the value of such Stray or lost Goods at the finders choice And it is Ordered That every such finder shall put and keep from time time a Wyth or Wreath about the neck of every such Stray Beast within one Moneth after such finding Stray beast to
have a Wyth about the neck upon penalty of loosing all his charges that shall arise about it afterwards provided that no person shall from the first of April to the twentieth of December take up any Herse Gelding or Mare for a Stray or account or use them as Strayes though the Owner thereof be not known Taking off the Wyth or taking away the beast forfeit the value unless it be taken Damage feizant in inclosures Provided also that if any Owner or other shall take off such Wyth or Wreath or take away such Beast before he hath discharged according to this Order he shall forfeit the full value of the thing apprized as aforesaid to the use of the finder 1647. AS an Addition and Explanation of the Law tit Strayes This Court finding that several inconveniences and troubles do arise about Strayes Chattel and Horses c. and that the temptation may be too great on some persons in remote Towns and Farms Addition to the Law of Strayes to take up Chattel c. and make Strayes of them the whole benefit redounding to themselves ' This Court doth Order for the time to come That all Strayes shall be first cryed in that Town of which they have the Brand-mark To be cryed in the Town on which they have the Brand mark And that all such Strayes and other lost Goods contained in the said Law shall be entred with the County Recorder in each County and by him transfered to the Country Treasurer within one Moneth To be entred with the It Câ—â—der of the Câ—â—â—ty Hâ—lf to the Country the other halt to the Finder and in case the said Goods and Strayes are not owned within one year as is therein expressed then the one half or the value of one half shall be to the use of the Country and the other half to the finder the charges being first paid out of the whole 1666. STRANGERS VVHereas we are credibly informed that great mischiefs have been done to other Plantations by reason of Commanders Souldiers A. 51. p. 7. and other Strangers To prevent the like in this Jurisdiction It is Ordered by this Court and Authority thereof That henceforth all Strangers of what quality soever above the age of sixteen years Strangers Arriving to be brought before the Governour Arriving in any Ports or Parts of this Jurisdiction in any Ship or Vessel shall immediately be brought before the Governour Deputy Governour or two other Magistrates by the Master or Mate of the said Ship or Vessel upon penalty of twenty pounds for default thereof there to give an account of their occasions and business in this Country whereby satisfaction may be given and Order taken with such Strangers as the said Governour Deputy Governour two Magistrates or the next County Court shall see meet who shall keep a Record of the Names and Qualities of all such Strangers to be returned to the next General Court And for the Publications of this Order Capt of the Castle to give notice of this Order It is Ordered the same to be Posted upon the Doors or Posts of the Meeting-houses and other publick places in all the Port Towns of this Jurisdiction And the Captain of the Castle shall make known this Order to every Ship or Vessel as it passeth by and the Constable of every Port Town shall endeavour to do the like to such Ships or Vessels before they Land their Passengers 1651. And if any Strangers or People of other Nations L. 1. p. 23. professing the true Christian Religion shall fly to us from the Tyrany or Oppression of their Persecutors or from Famine Strangers to be succoured Wars or the like necessary and compulsory Cause they shall be entertained and succoured amongst us according to that power and prudence God shall give us 1641. Every person within this Jurisdiction whether Inhabitant or Strâ—â—ger shall enjoy the same Law and Justice that is general for this Jurisdiction L. 2. p. 32. which we constitute and execute one towards another in all cases proper to our cognizance without partiality or delay 1641. Strangers to have equal Justice No Town or person shall receive any Stranger Resorting hither with intent to Reside in this Jurisdiction nor shall allow any Lot or Habitation to any or entertain any such above three Weeks except such person shall have allowance under the hand of some one Magistrace upon pain of every Town that shall give or sell any Lot or Habitation to any not so Licensed such fine to the Country as the County Court shall impose not exceeding fifty pounds nor less then ten pounds And of every person receiving any such for longer time then is hereby allowed except in case of entertainment of friends resorting from other parts of this Country in amity with us No Town or per son to entertain strangers without allowance to forfeit as aforesaid not exceeding twenty pounds nor less then four pounds and for every Moneth after so offending shall forfeit as aforesaid not exceeding ten pounds nor less then forty shillings And every Constable shall inform the Courts of all new-comers which they know to be admitted without License from time to time Finable 1637 38 47. Sureties and Goods Attached UPon Information of some inconveniencies accruing to several persons in that men take themselves acquitted and free from all legal observations in case of appearance in Courts L. 1. p. 15. according to the express tearms of the Bond or at most if the Principal there stay till Verdict and â—udgement be given which if they be they may then make away their Estates or absent their persons before the t weare hours be expired for granting I Execution whereby the party recovering may either be deprived of or much damaged in his just Rights Not discharged till Judgement be satisfied It is therefore Ordered by this Court and the Authority thereof That henceforth all Goods Attached upon any Action shall not be released upon the appearance of the party or Judgement given but shall stand engaged until the Judgement or the Execution gramed upon the said Judgement be discharged Nor shall any Surety or Sureties for appearance in any Court except in Capital or Criminal Cases be released from his or their Lond until the Execution as aforesaid be discharged and satisfied or the person de livered to the Marshal or the Principal Person be surrendred into the hands of the Marshal or his Deputy who shall secure him till the Judgement be discharged any Law Custome or Usage to the Contrary notwithstanding Provided alwayes That henceforth in all Civil proceedings except in cases where the Defendant is a Stranger where Execution is not taken out and Executed within one Moneth after that Judgement is granted Goods persons Attached one month after Judgement released all such Attachments whether on persons or Estates with Sureties shall be released and void in Law any Law
Usage or Custome to the contrary notwiâ—â—standing unless the Court that granted the Judgement shall see cause to give further time and respit of Execution in any particular case Swearing and Cursing IT is Ordered by this Court and Authority thereof That if any person within this Jurisdiction Swearing 10. s. shall Swear rashly or vainly by the Holy Name of God or other Oath he shall forfeit to the Common Treasury for every such offence ten shillings Swearing 10 s. and it shall be in the power of any Magistrate by warrant to the Constable to call such person before him and upon sufficient proof to sentence such offender and to give Order to leavie the fine and if such person be not able or shall refuse to pay the said fine or sit in stocks he shall be committed to the Stocks there to continue not exceeding three hours nor less then one hour 2. And if any person shall swear more Oaths then one at a time L. 2. p. 14. before he remove out of the Room or Company where he so Swears more Oaths then one 20 s. he shall then pay twenty shillings The like penalty shall be inflicted for Prophane and Wicked Cursing of any Person or Creature and for the multiplying the same as is appointed for prophane Swearing and in case any person so offending by multiplying Oaths or Cursing shall not pay his or their fines forthwith like penalty for Cursing they shall be whipt or committed to Prison till they shall pay the same at the discretion of the Court or Magistrate that shall have cognizance thereof SWINE Select-men to make Orders to prevent harms by Swine IT is Ordered by this Court and the Authority thereof That every Town-ship within this Jurisdiction or the Select-men thereof are impowred and hereby required from time to time to make Orders for preventing all harms by Swine in Corn Meadows Pastures and Gardens as also all danger to Children or elder persons in any respects by Swine and to impose penalties according to their best discretion and to appoint one of their Inhabitants by Warrant under the hands of the Select-men or the Constable where no Select-men are to leavie such fines and penalties A. 1658. and if any person chosen to see the Execution of this Order shall neglect or refuse the same he shall forfeit five pounds the one half to the Town the other half to the party that accepts the place and performs his duty therein 2. And where Towns Border each upon other whose Orders it may be are various Damage to be paid according to the Town Ordere where it is done Satisfaction shall be made for harms done by Swine according to the Orders of the Town where the damage is done But if the Swine be Ringed and Yoaked or otherwise as the Orders of the Town to which they belong doth require then where no Fence is or that it be insufficient through which the Swine come to Trespass the Owner of the Land or Fence shall bear all damages No Fence no damage And it is hereby Declared That all Fences made of Stone Pales Rails Rivers Creeks or any other Fences which are allowed by such men as are appointed in the several Towns to view Fences to be sufficient against great Cattle A. 51. p. 4. shall be held and accounted sufficient against Swine Fences sufficient and all Swine breaking through such Fences shall be liable to make satisfaction for all Damages done 3. And if any Swine be Impounded for Damage done and there be kept three dayes No owners appearing Swine to be prized and that no person will own them then the party Damnified shall give notice to the two next Towns where any are within five miles Compass that such Swine are to be fold by an Out-cry within three dayes after such notice by the party Damnified and in case none will buy he shall cause them to be Apprized by two indifferent men one whereof shall be the Constable or one chosen by him signified under their hands in Writing and may keep them for his own use And in both cases if the Owner shall after appear the overplus according to the said valuation all Damages and Charges being paid shall forthwith be rendred to him And if any Town or Select-men shall neglect to take Order for preventing harms by Swine according to this Law more then one Moneth after publication hereof such Town or Select-men shall forfeit to the Treasury forty shillings for every Moneth so neglecting 1647 51 58. TILE-EARTH IT is Ordered by this Court That all Tile-Earth to make Sale Ware shall be Digged before the first of the ninth Moneth and turned over in the last and first Moneth ensueing a Moneth before it be Wrought upon pain of forfeiting one half part of all such Tiles as shall be otherwise made to the use of the Common Treasury 1647. TOBACCO IT is Ordered by this Court That no man shall take any Tobacco within twenty Poles of any House or so near as may indanger the same or near any Barn Corn or Hay-cock as may occasion the firing thereof upon pain of ten shillings for every such offence besides full Recompence of all Damages done by means thereof Nor shall any take Tobacco in any Inne or common Victual House except in a private Room there so as neither the Master of the said House nor any other Guest there shall take offence thereat which if any do then such person shall forthwith forbear upon pain of two shillings six pence for every such offence And all fines incurred by this Law the one half part shall be to the Informer the other to the Poor of the Town where the offence is done 1638 47. Tolling of Cattle FOr the prevention of Fellonious practises growing upon us by Stealing of Horse-kinde and other Neat Cattle and selling them as their own It is Ordered by this Court and the Authority thereof That there shall be a Toll-Book kept in every Town by the Clerk of the Writts wherein all Horse-kinde and other Cattle as aforesaid bought of any person shall be Entred with their Age Colour and Marks at the peril of the Buyer with the Name of the Seller and such Seller shall have two vouchers to Testifie the said Seller to be the proper Owner of such Horse-kinde or other Cattle so sold or in case of Horse-kinde or Cattle so sold shall be challenged by any other person the Vouchers in case of the escape of the Seller shall be liable to all damages that shall arise thereupon And the Clerk of the Writts shall have three pence of the Buyer for entring every such Horse-kinde or Neat Cattle And if any Horse-kinde or other Cattle as asforesaid so bought by any person be not Toll'd nor Sellers nor Vouchers found upon challenge of any such Cattle the said Buyer shall be liable to all Damages as the Felon himself should be were he present And
any person or persons having lost any Horse-kinde or other such Cattle shall have free liberty to search any Toll-Book in any Town in any such case 1668. TOWN-SHIP VVHereas particular Towns have many things which concern onely themselves and the ordering their own affairs L. 2. p. 10. and disposing of business in their own Town It is therefore Ordered That the Freemen of every Town with such others as are allowed or the major part of them Towns power to dispose Lands shall have power to dispose of their own Lands and Woods with all the Priviledges and Appurtenances of the said Towns to grant Lots and also to chuse their own particular Officers as Constables Surveyors for the High-wayes and the like Annually or otherwise as need requires Choose officers And to make such Laws and Constitutions as may concern the welfare of their Town Provided they be not of a Criminal but of a Prudential nature and that their penalties exceed not twenty shillings for one offence and that they be not Repugnant to the publick Laws and Orders of the Country To make Orders And if any Inhabitant shall neglect or refuse to observe them they shall have power to leavie the appointed penalty by Distress And if any man shall behave himself offensively at any Town-meeting the rest then present shall have power to Sentence him for such offence so as the penalty exceed not twenty shillings 2. And every Town-ship hath power to chuse yearly or for less time a convenient number of fit men to order the Planting and prudential Affairs of their Towns according to instruction given them in Writing Provided nothing be done by them contrary to the Laws and Orders of the Country To choose Select-men Provided also that the number of the Select-men be not above nine To dispose of single persons 3. And all Towns shall take care from time to time to Order and Dispose all single persons and in-mates within their Towns to service or otherwise and if any be grieved at such Order or Disposal they have liberty to Appeal to the next County Court. 4. And it is hereby Ordered and Enacted A. 58. That all English-men that are settled Inhabitants and House-holders in any Town of the age of twenty four years and of honest and good Conversations being Rated at eighty pounds Estate in a single Country Rate and that have taken the Oath of Fidelity to this Government 1670. and no other except Freemen may be chosen Select men Jurors or Constables and have their Vote in the choice of the Select men for the Town Affaires Assessments of Rates and other Prudentials proper to the Town Provided alwayes the major part of the companies of Select-men be Freemen from time to time that shall make a valid Act as also where no Select-men are to have their Vote in ordering Schools Hearding of Cattle laying out High-wayes and Distributing Lands Who may Vote In Towns Any Law Use or Custome to the contrary notwithstanding IT is Ordered That in stead of the sum of twenty pounds in the 4. Sect. tit Townships it shall â—e incerted instead thereof eighty pounds Provided this change of that sâ—m be not interpreted to exclude any person from the priviledge granted him formerly in that Law 1670. 5. Whereas Complaints have been made that many especially in Boston who are meet and fit to serve the Country in the Office of Constable A. 53. p. 18. take incouragement to withdraw from that service by reason of the smalness of the fines that Towns have power to impose for such refusal It is therefore Ordered That henceforth it shall be lawful for the Town of Boston to impose the fine of ten pounds and for all other Towns to impose the fine of five pounds upon every such person being legally chosen in the respective Towns that shall refuse to serve in the Office of a Constable in the Town where he is chosen Power to fine such as refuse the Office of Constable if in his person he be able to execute it And the Select-men of every Town are hereby impowred to Order and Require the Constables to leavie the said fines by Distress which shall be to the use of the Town 36 42 47 53 58. IT is Ordered That hereafter no Cottage or Dwelling place shall be admitted to the priviledge of Commonage for Wood Townships priviledge Timber and Herbage or any other the Priviledges that lye in Common in any Town or Peculiar but such as already are in being or hereafter shall be Erected by the consent of the Town 1660. IT is Ordered by this Court and the Authority hereof That the following Order shall be directed and sent by the Clerks of the several Shire Courts to the Constables of the Towns within their Shire who are enjoyned faithfully to execute the same and if upon the Return made it doth appear that the Select men are negligent in executing the Laws therein mentioned the Court shall proceed against them by Admonition or fine as the merit of the case may require and shall also dispose of single persons or stubborn Children or Servants to the House of Correction according to the intent of the Law any Law Custome or Usage to the contrary notwithstanding To the Constable of A. VVHereas the Law published by the Honoured General Court lib. 1. pag. 76. sect 3. do require all Towns from time to time to dispose of all single persons and in-mates within their Towns to service or otherwise and in pag. 16. tit Children and Youth It is required of the Select-men that they see that all Children and Youth under Family Government be taught to read perfectly the English Tongue have knowledge in the Capital Laws and be taught some Orthodox Catechism and that they be brought up to some honest imployment profitable to themselves and the Common-wealth and in case of neglect on the part of the Family Governours after Admonition given them the said Select men are required with the help of two Magistrates or next Court of that Shire to take such Children or Apprentises from them and place them forth with such as will look more straitly to them The neglect whereof as by sad experience from Court to Court abundantly appears doth occasion much sin and prophaness to increase among us to the dishonour of God and the ensnaring of many Children and Servants by the dissolute lives and practises of such as do live from under Family Government and is a great discouragement to those Family Governours who conscientiously endeavoar to bring up their Youth in all Christian nurture as the Laws of God and this Common-wealth doth require THese are therefore in His Majesties Name to require you to acquaint the Select-men of your Town that the Court doth expect and will require that the said Laws be accordingly attended the prevalency of the former neglect notwithstanding And you are also required to take a List of
Country Rate Any Custome or Usage to the contrary notwithstanding 1662. TRYALS No cause to be first brought to the Gen. Court IT is Ordered That all causes between Party and party shall first be tryed in some Inferiour Court and that if the party against whom the Judgement shall pass shall have any new Evidence or other new matter to plead he may desire a new Tryal in the same Court upon a Bill of Review And if Justice shall not be done him upon that Tryal he may then come to this Court for Relief 1642. 2. It is Ordered and by this Court Declared That in all Actions of Law it shall be the liberty of the Plaintiffe and Defendant by mutual consent to choose whether they will be tryed by the Bench Liberty for Trials by Bench or Jury or by the Bench and Jury unless it be where the Law upon just reason hath otherwise determined the like liberty shall be granted to all persons in any Criminal case 3. Also it shall be in the liberty of both Plaintiffe and Defendant and likewise of every Delinquent to be judged by a Jury Liberty to challenge to challenge any of the Jurors and if the challenge be found just and reasonable by the Bench or the rest of the Jury as the challenger shall choose it shall be allowed him and tales de circumstantibus Impannelled in their room 4. Also Children Ideots Distracted persons and all that are Stangers or new comers to our Plantation shall have such allowances and dispensations in any case whether Criminal or others as Religion and Reason require 1641. VAGABONDS THis Court being sensible of the increase of Prophaness and Irreligiousness by reason of the Vagrant and Vagabond life of sundry persons as well Inhabitants as Forraigners that wander from their Families Relations and Dwelling places from Town to Town thereby drawing away Children Servants and other persons both younger and elder from their lawful Callings and Imployments and hardning the hearts of one another against all Subjection to the Rules of Gods Holy Word and the Established Laws of this Colony All which to prevent This Court doth hereby Order and Enact That all such persons where ever they may be found in any place of this Jurisdiction Vagabonds and wandring persons be Apprehended by the Constable of the said place with or without further Warrant and and brought before the next Magistrate who if upon Examination shall finde them to be such as do not give a good and satisfactory account of such their Wandring up and down they shall proceed with and against them as Rogues and Vagabonds and cause them to be corporally punished and sent from Constable to Constable until they come to the place of their abode Or in case they will not confess where their abode is within this Colony nor yet voluntarily depart out of the same then to be sent to the House of Correction there to remain until the next Court of that County 1662. VOTES IT is Ordered and by this Court Declared That all and every Freeman and others Authorized by Law called to give any Advice Vote Verdict or Sentence in any Court Council or Civil Assembly Liberty of Voting shall have freedome to do it according to their true Judgement and Conscience so it be done orderly and in-offensively for the manner and that in all cases wherein any Freeman or other is to give his Vote be it in point of Election making Constitutions and Orders or to be silent or passing Sentence in any case of Judicature or the like if he cannot see Light or Reason to give it positively one way or other he shall have liberty to be silent and not pressed to a determinate Vote which yet shall be Interpreted and Accounted as if he Voted for the Negative Neuters accounted on the â—egative And further that whensoever any thing is to be put to a Vote and Sentence to be Pronounced or any other matter to be Proposed or Read in any Court or Assembly if the President or Moderator shall refuse to perform it the major part of the Members of that Court or Assembly shall have power to appoint any other meet person to do it and if there be just cause to punish him that should and would not 1651. VSVRY IT is Ordered Decreed and by this Court Declared That no man shall be adjudged for the meer forbearance of any Debt above eight pound in the hundred for one year and not above the Rate proportionably for all sums whatsoever Bills of Exchange excepted neither shall this be a colour or countenance to allow any Usury amongst us contrary to the Law of God 1641 43. WAMPAMPEAG IT is Ordered That Wampampeag shall pass currant in the payment of Debts to the payment of forty shillings the white at eight a penny the black at four Replealed 1661. so as they be entire without breaches or deforming spots except in payment of Country Rates to the Treasurer which no Town or person may do nor he accept thereof from time to time 1643 48 49 50. WATCHING FOr the better keeping of Watches by the Constable in the time of peace It is Ordered by this Court and the Authority thereof A. 52. p. 12. That all Constables Watches in every Town of this Jurisdiction shall begin the first of May and continue till the end of September upon the penalty of five pounds to be leavied on every Constable neglecting the same Constable to set the Watch And it shall be the care of the Constable to see that the Watch be so warned that it may not consist of all or the greater part Youths but that able men be joyned with them that the Watch may be a sufficient Watch unless the Select-men of that Town who have hereby power shall otherwise Order and Dispose the said Watches both respecting time place A. 57. p. 25. number and quality of persons as to them shall seem most meet And all Inhabitants of this Jurisdiction except such as are by Law exempted shall according as they are warned to serve the Country in the Constables Watches Select-men to order Watches duely and strictly observe the charge given them by the Constables And the Constables in every Town from time to time are hereby enjoyned to give in their charge to Watch-men that they duely examine all Night-walkers after ten of the clock at night unless they be known peaceable Inhabitants to inquire whether they are going Constables charg to the Watch and what their business is and in case they give not reasonable satisfaction to the Watch-men or Constable Night-walkers to be secured then the Constable shall forthwith secure them till the morning and shall carry such person or persons before the next Magistrate or Commissioner to give satisfaction for their being abroad at that time of night And if the Watch-men shall finde any Inhabitant or Stranger after ten of the clock at night behaving
themselves any wayes debauchedly or shall be in drink the Constable shall secure them by commitment or otherwise till the Law be satisfied Watch to cause lights to be put out And further the Constable is to give the Watch-men in charge to see all noises in the streets stilled and lights put out except upon necessary occasions for the prevention of danger by fire as much as may be And every Constable shall present to one of the next Magistrates or Commissioners L. 1. p. 52. the Name of every person who shall upon lawful warning refuse or neglect to Watch or Ward Neglect of Watching forfeit 5.8 either in person or by some other sufficient for that service and if being convented he cannot give a just excuse such Magistrate or Commissioner shall grant Warrant to any Constable to leavie five shillings of every Offender for such default the same to be imployed for the use of the Watch of the same Town And it is the intent of this Law that every person of able body not excepted by Law or of Estate sufficient to hire another shall be liable to Watch and Ward or to supply by some other Who compellable to Watch when they shall be thereunto required And if there be in the same House divers such persons whether Sons Servants or Sojourners they shall all be compellable to Watch as aforesaid Provided that all such as live or keep Families at their Farms being remote from any Town shall not be compellable to Watch and Ward in Towns 1636 46 52 57. THe Court understanding there is much inequality in that divers are freed from those Watches whereof all do receive equal benefit for an Explicacation of the Law concerning Constables watches Persons exempt from Constables Watches Do Order the Magistrates Deputies of this Court for the time being Elders of Churches the publick sworn Officers of the Country with the Commission Officers in each Trained Band be freed from all ordinary Watches and Wards of the Constables and no other persons except such persons as shall have special and personal Freedome by Order of this Court any former Grant or Custome notwithstanding 1661. Weights and Measures TO the end Measures and Weights may be one and the same throughout this Jurisdiction Standards to be provided by the Treasurer It is Ordered by the Authority of this Court That the Country Treasurer shall provide upon the Countries charge Weights and Measures of all sorts for continual Standards to be Sealed with the Countries Seal viz. one Bushel one half Bushel one Peck one half Peck one Ale quart one Wine pint and half pint one Eln one Yard as also a set of Brass Weights to four pound which shall be after sixteen Ounces to the Pound with fit Scales and steal Beams to weigh and try withal And the Constable of every Town within this Jurisdiction shall within three Moneths after publication hereof provide upon the Town charge Constables to privide Standards for Towns all such Weights at least of Lead and also sufficient Measures as are above exprest tryed and Sized by the Country Standards and Sealed by the said Treasurer or his Deputy in his presence which shall be kept and used only for Standards for their several Towns who is hereby Authorized to do the same for which he shall receive from the Constable of each Town two pence for every Weight and Measure so proved sized and sealed And the said Constable of every Town Sealer to be chosen by the Select men shall commit those Weights and Measures unto the custody of the Select-men of their Towns for the time being who with the said Constable are hereby enjoyned to chuse one able man to be Sealer of such Weights and Measures for their own Town from time to time and till another be chosen which man so chosen they shall present to the next County Court To be sworn at the County Court there to be sworn to the faithful discharge of his duty who shall have power to send forth his Warrants by the Constable to all the Inhabitants of their Town to bring in all such Measures and Weights as they make any use of in the second Moneth from year to year His duty at such time and place as he shall appoint and make a return to the Sealer in Writing of all persons so summoned that then and there all such Weights and Measures may be proved and sealed with the Town Seal such as in the Order for Town Cattle provided by the Constable at each Towns charge who shall have for every Weight and Measure so Sealed one penny from the Owners thereof at the first Sealing His Fees And all such Measures and VVeights as cannot be brought to their just Standard he shall deface or destroy and after the first sealing shall have nothing so long as they continue just with the Standard And that none may neglect their Duty herein It is further Ordered by the Authority aforesaid That if any Constable Select-men or Sealer do not execute this Order as to every of them appertains they shall forfeit to the Common Treasury forty shillings for every such neglect the space of one Moneth and also that every person neglecting to bring in their VVeights and Measures at the time and place appointed they shall pay three shillings four pence for every such default one half part whereof shall be to the Sealer and the other half to the Common Treasury which the Sealer shall have power to leavie by distress from time to time 1647. 2. This Court considering the Complaints of several Abuses A. 55. in Measuring Corn Boards and Cording of VVood Doth Order That it shall be in the power of the Select-men of every Town to appoint one or two or more as need shall require who shall be sworn faithfully and uprightly Select-men to appoint measures of Corn c. to Measure all such Corn VVood or Boards as they shall be called unto and that no man shall be forced to receive any Corn VVood or Boards except they agree thereunto but such as is Measured by such person or persons so appointed and Sworn the parties receiving the Corn VVood or Boards paying for the Measuring thereof 1655. VVHARFAGE Rates for Wharfage IT is Ordered by this Court and the Authority thereof That these Orders shall be observed by all such as shall bring Goods to any VVharf and these Rates following be allowed First For VVood by the Tun three pence for Timber by the Tun four pence for Pipe-staves by the thousand nine pence for Boards by the thousand six pence for Merchants Goods whether in Cask or otherwise by the Tun six pence for Dry Fish by the Quintal one penny for Corn by the Quarter one penny and a half penny for great Cattle by the Head two pence for Goats Swine or other small Cattle except such as are sucking their Dams by the Head a half penny for Hay
seized and disposed you shall certifie under your hand to the Auditor General within one moneth from time to time So help you God c. Apprizers Oath WHereas you T. D. are chosen Apprizer of such Land or Goods as are now to be presented to you You do here Swear by the living God that all partiality prejudice and other sinistre respects laid aside you shall Apprize the same and every part thereof according to the true and just value thereof at this present by common account by your best judgement and conscience So help you God c. WHereas you J. B. are chosen Viewer of Pipe-staves within the Town of B. You do here Swear by the Ever living God that at all convenient times while you shall be in place Viewers of Pipe-staves Oath when you shall be required to execute your Office you shall diligently attend the same and shall faithfully without any sinistre respects Try and Sort all Pipe-staves presented to you and to make a true Entry thereof according to Law So help you God c. WHereas you A. B. are chosen Customer for the year ensueing You do here Swear by the Ever living God Customer Oath that you will from time to time faithfully execute your Office to your best skill according to the Orders of this Court for the Custome of all such Goods as are Imported or Exported due by Law unto the Country and all other things belonging to your Office and to give a true Accompt to the Treasurer at the end of every three Moneths from time to time or when you shall by Law be thereunto required So help you God c. Viewers of Fish Oath YOU Swear c. That you shall Impartially view such Fish as are presented before you and determine what part thereof is Merchantable and which is Refuse Fish and un-Merchantable according to your best skill knowledge and judgement So help you God c. VVHereas you A. B. are chosen a Packer of Beef Pork and other things for the Town of B. You do here Swear by the Living God that you will well and truely Pack all Beef Pork Packers Oath and other things when you shall be thereunto required You shall Pack no kinde of Goods but such as are good and sound nor any Goods in any Cask that is not of a just and full Gage You shall also set your particular Mark upon all Cask Packed by you and in all things proper to the place of a Packer you shall faithfully discharge the same from time to time according to your best Judgement and Conscience So help you God in our Lord Jesus Christ 1652. FINIS ERRATA PAge 1. line 8 read May 1671. in Bondslavery l. 3. r. or shall for as Coopers p. 17. l. 12. r. pag. 61. l. 24. r. pag. 88. p. 40. l. 4. r. the Subscription l. 9. r. Administrators p. 46. l. 5 r. Ministry l. 12. r. Heterodox l. ult r. 1668. p. 54. sect 2. of Fornication l. 2. r. pag. 33. after Punishment r. pag. 67. p. 56. l. 28. r. priviledge l. 30. r. suffrage p. 57. l. 2. dele made p. 77. l. 22. r. appoint thereunto p. 84. l. 31. r. being thereof p. 70. l. 2. r. pag. 39. p. 116. l. 1. r. relating p. 80. l. 27. r. expressed p. 15. for Sect. 18. r. 14. for 17. r. 16. next page r. folio 16. l. 6. r. that p. 102. l. 21. r. 1670. p. 9. l. last but one r. Feoffees in l. ult r. 1671. p. 73. l. 8. r. are p. 134. l. 17. r. proceed p. 155. l. 11. r. Explication A Summary of the LAWS foregoing Alphabetically Digested Wherein P. standeth for Page and S. for Section For the right Improvement whereof the Reader must supply the figures of some Sections in the Laws where they are omitted A Ability Age. FOr persons to pass away Lands c. Folio p. 1. s. 1. For chusing Guardians ibid For Plantiffs or Defendants Folio p. 2. s. 2. Who may defend the right of them that are under age ibid. Persons of any age to answer for Crimes c. ibid. May inform or present any misdemeanour ib. Actions When Tryable Folio p. 2. s. 1. Rules for Entry Folio p. 2. s. 2. No Plea or Evidence allowed after a case is committed to a Jury Folio p 2 s 2 Of Trespass under 40. s. Folio p. 2. s. 3. Brought to the General Court Folio p. 3. s. 6. Plaintiffs liberty to withdraw Folio p. 3. s. 7 In civil Actions every one secured from damage by non-appearance of any See appearance non-appearance Folio p 4. In involuntary Trespass not to proceed in case See Cattle Folio p. 18. s. 3 Appeal From Inferiour Courts to Courts of Assistants Folio p. 3. s. 1. How and when to be Entred ibid. From one Magistrate to County Courts ibid In criminal cases how to be proceeded in ibid From Court of Assistants to General Court in case ibid. Execution not to be granted in case Folio s. 1. In matter of Law to be determined by the Bench. ibid. In matter of Fact by Bench and Iury. ibid. Recording to be paid by the Appealants Folio p. 4. s 2 Reasons therefore to be entred six dayes before the Court ibid. Not Prosecuted to effect the penalty ibid. Who may sit as udges in such Actions Folio p 4. s 3 How to be proceâ—ded in ibid. From Associates Court in Dover Portsm Folio p. 4. s. 4 From one Magistrate to County Court see Burglary Folio p. 13. s. 2. Fom one Magistrate and Commissioners of Towns see Causes Folio p. 21. s. 2. From all or any the Commissioners of Boston to Court of Assistants Folio p. 22. s 3. By Disobedient children sentenced by a Magistrate or Commissioner see children Folio p. 27. s. 2 To County Court from Select men doing damage by laying out High wayes see High wayes Folio p. 65. s. 2. From one Magistrate to County Court see Lying Folio p. 92. By Towns and Peculiars in case see Poor Folio p. 123. s 2. By single persons to County Court in case See Townships Folio p. 148. s. 3. Appearance Non-appearance Not punishable in case Folio p 4. Not to prejudice any in civil Actions ibid. Persons liberty not to appear on Summons in case See Attachments Folio p 7. s. 2 Of a person Indicted of a Capital crime his Goods and Estate to be seized in case See Capital Laws Folio p. 16. s. 17. Apparel Who may wear Gold c. Folio p. 5. s. 1. Penalty of ten shillings on all not allowed ibid Further penalty Folio p. 6. s. 2. Arrests Not allowed in case Folio p. 6. s. 1. Not against Sailors in case see Sailors Folio p. 134 Associates One may punish Breach of the Peace See Breach of peace Folio p. 31. s. 1. The rules of punishment ibid. To be allowed by the General Court See Courts Folio p. 37. s. 7. With one Magistrate may keep a County Court ibid. Their
Impresses Folio P 73 S 2 To appoint persons to publish the Laws to Indians see Indians Folio P 77 S 8 To appoint persons to inspect the Indians at Natick c. as to their manners Folio S 9 To give Commissions to chief Military Officers see Military Folio P 108 s 4 To appoint Searchers for Powder see Powder Folio P 126 s 2 To punish any helping to break Prison see Prison Folio P 128 s 4 In defect of a Law in Capital cases c. to judge see priviledges Folio p 1 To dispose of any Whale cast up see wrecks at sea Folio P 161 Court of Assistants May appoint 3 Free men in Towns to issue Causes to 40. s. see Causes Folio P 20 S 1 To approve the Commissioners of Boston and give them an Oath Folio P 21 S 3 To be kept at Boston by the Governour or Deputy Governour and Magistrates See Courts Folio P 36 S 7 Their Power ibid Two Courts to be kept yearly the time when ib May be call'd out of course by Governour or Deputy Governour for tryal of a Malefactor in Capital Cases ibid To try Capital Cases ibid May discharge from Prison Persons unable to pay fines see fines Folio p 51 To try Quakers see Heresie Folio P 61 S 9 to try any suspected for Jesuites se Jesuites Folio p 67 May order satisfaction for damage done to Cattle by Indians see Indians Folio P 76 S 7 To issue all matters beyond the cognizance of Indian Commis Court see Indians Folio P 77 S 9 May approve of any married Person residing here from their Relation see Marriage Folio P 102 S 4. May appoint Searchers for Powder see Powder Folio P â—26 S 2 May order and improve the Houses of Correction see Prison Folio P 127 S 2 May Punish any for helping to break Prison Folio S 4 To keep a Record of all Iudgements given see Records Folio P 129 S 1 To adjudge Persons trading on the Coast in case see Ships Folio P 141 S 6 County Courts To manage Benevolence See Benevolence Folio p. 9. s. 2 May punish breach of the peace see breach of peace Folio p. 11. s. 1 2 To regulate defective Bridges see Bridges Folio p. 12. s. 1 May punish any for using other mens Cattle without leave when and how see Cattle Folio p. 19. s. 5 Not to receive any Action proper to one Magistrate except in defamation battery see Causes Folio p. 20. s. 1. May with the Select men place out unruly children see children Folio p. 26. s. 1. May dispose of Orphans to service Folio p. 28. s. 6 To approve Clerks of writts see Clerks Folio p 29 s 1 To be kept by Magistrates in the County or other Magistrates or such as the General Court shall appoint see Courts Folio p 36 s 7 Their power ibid May constitute Clerks and other Officers ib. To keep set times ibid May set out Widows thirds in Lands c. see Dowries Folio p 42 s 1 To provide for Ministers maintenance see Ecclesiastical Folio p 45 s 1â— to give Grand jurors charge of enquiry of Towns neglect of providing an able Ministry Folio p 46 s 19 May discharge from Imprisonment such as are unable to pay fines see fines Folio p 51 to appoint cullers of fish upon Oath see fish Folio p 52 s 2 to punish such as kil Mackrel before July Folio s 5 to punish Fornication see Fornication Folio p 54 s 1 2 to order maintenance of a Bastard Folio p 55 s 3 to give the Oath of Freedome to persons allowed by General Court see Freemen Folio p 56 s 5 May punish Gamesters by fine or corporal punishment see Gaming Folio p 58 s 4 to punish deniers of the Scriptures see Heresie Folio p 59 s 2 to Punish maintainers of Erronius Doctrine Folio p 61 s 8 to appoint men in Towns to lay out Country High-wayes see High-wayes Folio p 64 s 1 to order the removal of incumbrances in High-wayes see High-wayes Folio p 65 s 3 to Punish idle Persons Folio p 66 s 2 to grant Licenses to Ordinaries c. See Inkeepers Folio p 79 s 1 May punish Inkeepers not giving accompt of draught of Beer see Imposts Folio p 69 s 4 to order satisfaction for damage to Cattle by Indians see Indians Folio p 76 s 7 to Punish Indian traders allowed and not giving accompt and making Payment to the Treasurer Folio p 78 s 12 Executions not to be granted till twelve hours after Judgement but by special order see Appeal Folio p 3 s 1 to Punish such as Brew not Beer according to Law Folio P 80 S 2 May Punish Retailers of strong waters and private House-keepers for permitting tipling in their Houses Folio P 81 S 7 P 82 S 8 to give Oath to Searchers and Sealers of Leather see Leather Folio P 89 S 4 May approve of any married Person residing here from their Relation see Marriage Folio P 101 S 4 May Punish Work-men taking wages above what is set in Towns by Freemen see Masters Folio P 105 S 4 May give the Oath of Fidelity to Inhabitants and Strangers see Oaths Folio P 120 S 2 to dispose and settle Poor Persons see Poor Folio P 123 S 2 May appoint Searchers for Powder see powder Folio P 126 S 2 May order and improve the House of Correction see Prison Folio P 127 S 2 to appoint a Keeper to such House Folio s 3 May punish any helping to break Prison s 4 to keep a Record of all Judgements given see Records Folio P 129 s 1 May punish Clerks of Writts not making a return of Births c. Folio P 130. s 2 May determine punishment for defacers of Records see Records Folio P 131 s 3 May punish Prophaners of the Sabbath see Sabbath Folio P 132 s 1 May punish servile working on the Lords day Folio P 134 s 4 May punish Select-men neglecting Orders for Salt-Peeter see salt Peeter Folio P. 135 May take Order about Strangers see strangers Folio P. 143 May dispose of single Persons where Select-men neglect see Townships Folio P 149. s 7 May leavy upon the County by Warrant to satisfie Arreares see Treasurers Folio 151. 4. May punish Constables neglecting to gather County Rates Folio s. 5 To give Oath to Sealers of Weights and Measures see Weights Folio 155. 1 May Punish Executors in case see Wills Folio 157. 1 May order Estate where no Executor or Administrator Folio 158. 2. May settle the Estate of Persons dying intestate Folio s 3 Judges related to Parties may not sit as judges in their case in any Court see Courts Folio 38. 9. In difficult cases they may consult the General Court Folio s. 11. The time and place for County Courts 37. 7 to Punish reproachers of Courts and Magistrates Folio 36. 6. And the offences of any Members thereof ib Counties defective Bridges see Bridges Folio 12. 1. Penalty if any loose life c. by defective Bridges Folio s 2 Penalty
of treble damage in case ibid Cruelty Not allowed Folio P 39 D Vntimely Death THe enquiry how to be proceeded in Folio P. 39 Debts by Book To be ballanced in three years Folio P. 40 For custome of Wines c. recoverable by way of Action see Imposts Folio 68. 2. Defamation Of Courts or Magistrates punishable see Courts Folio 35. 6. By reproachful speeches in open Court ibid. Delinquents Summoned by Court or Magistrate to answer a Presentment or Crime not answering when call'd the penalty see Jurors Folio 87. 6 Deputies for the General Court Not to proceed to Judgement in any case without an Oath see Courts Folio 34. 1. to sit apart from the Magistrates act Folio 35. 2 No Deputy to depart without leave on penalty Folio 35. 3. Exemption for Deputies of Dover c. ibid. Miscarriages among them to be sentenced among themselves Folio 35. 6. How to be chosen see Deputies Folio 40. 1. Their power ibid May order their own House Folio 40. 2. To be chosen from Court to Court or at most but for a year Folio 41. 3. How to be qualified Folio 41. 4. Not to be absent the time of their sitting on penalty Folio 41 5. With the Constable may take in Proxies for Elections see Elections Folio 47. 2. Such Proxies to be sealed up and returned to the Court of Election ibid No Common Attorny to sit as Deputy see Deputies Folio 41. 5. Distresse For Rates Ordered see publ charges Folio 25. 4. On Corn or Hay c. to be secured on penalty see Distresse Folio p 41. Dowries What when to be set our to widows Folio p 42 In case of omission who may set it out ibid To be enjoyed enduring widows lives ibid Of Lands set out not to make strip wast ib Drovers Their liberty Folio p 42. E Ecclesiastical VVHo may gather Churches Folio 43. 1 How to be gathered ibid To have free exercise of all Ordinances Folio s. 3 To Elect and Ordain their Officers ibid. s. 4 To admit and dismiss Members c. ibid s 5 To have no humane injunctions imposed on them ibid s. 6. May celebrate dayes of Fasting c. ibid. s. 7 The Elders of Churches may meet about Church matters ibid. s. 8. May deal with their Members under the hand of Justice ibid. s. 9 May deal with their Members of any rank Folio 44. 10 Any Church member lyable to Justice ib. s. 11 No Church censure to degrade any Officer in civil imploy ibid Private meetings of Christians allowed Folio s. 1 2 Who may be constant Preachers and Ordained Elders ibid. s 14 No Ordination to proceed without notice given ibid Open opposers of the Word c. how to be proceeded with Folio 45.15 Penalty on disturbing the peace and order of Churches ibid. Who may call and ordain Ch. officers Folio 46.20 Elections Of Assistants yearly how to be determined Folio 47.1 Of Governour Deputy Governour Major General Treasurer Secretary Commissioners of the United Colonies how made ibid s. 2. Of Assistants how proceeded in ibid s. 13 Penalty of any failing in their trust ibid s. 3 Escheats What and how disposed Folio p 49 F Farms TO be of the same wherein they lye Folio p 49. Fairs and Markets Where and when Folio p 49 Ferries How to be regulated Folio 50.1 No Canoo to be used there on penalty ibid Weymouth Ferridge what ibid When to take double Ferridge ibid Paying no Rent to the Country to take no Ferridge of Magistrates Deputies c. ib. None to press into Ferry boats without leave ibid s. 2 No Ferry to suffer any to come into his Boat in case on penalty ibid Who shall be first transported in Ferry boats ibid Fees For Entring of Actions see Actions Folio 2.4 Additional Fees in case Folio 3 5. Of Clerk of Writts For Warrants Replevin Attachment Bond see Clerk of Writts Folio 28.1 For Recording Horses shipt off se horses Folio 65.1 For Recording Marriages se marriage Folio 101.2 Additional Fees in case ibid. For Recording Births and Deaths see Records Folio 130. s. 2. For Tolling Cattle see Cattle Folio p 147 Of Recorder and Clerk of County Court For filing Evidences c. see Records Folio 129.1 p 130 Of Commissioners Court of Boston See small Causes Folio 21.3 Marshals See Marshals Folio 103. s 4 5. Addition in case ibid Clerks of Troops See Military Folio 113.16 Fines To be presently paid secured or person committed Folio p 51 May be respited by Courts ibid In all Courts or by Magistrate or Commissioners for the Country to be notified to the Treasurer in 14 dayes ibid For Galloping in Boston what to County Treasurer see Galloping Folio P 57 For keeping Christmass and Gaming see Gaming Folio P 57 58. s 1 2. For playing at Cards and Dice ibid s 3. For bringing in Cards ibid s 4 For denying the Scriptures what to Country Treasurer see Heresie Folio 59.2 On Masters that bring in Quakers Folio 60.4 On persons receiving Quakers ibid For Vessels trading with Indians see Indians Folio 75.3 For trading with Indians to the Country Folio s. 4 For selling Boat or Vessels to Indians Folio 76.6 For insufficient Leather see Leather Folio 90. 5 s. From all persons in all cases to be paid to the Treas of the County where the party dwells except see Treasures Folio 151.3 Firing Burning Woods or Common Ground when unlaw ful on penalty Folio 51.1 When lawful ibid Any Frame Timber c. wittingly and willingly burnt the penalty ibid Any of 16 years of age firing a Barn c. how punished ibid s 2 A Dwelling House burnt how to be satisfied for ibid Fish Fishermen All Cullers of Fish to be sworn Folio 52.2 Sworn Cullers to be in all fishing places ibid All fish approved by them to be received ibid The Cullers Sallery by whom to be paid ib. What fish declared Merchantable ibid Liberty to cut Flakes regulated ibid s. 3 No Fish to be taken in spawning time on penalty ibid. s. 4 No Mackrel for salting to be kill'd till July on penalty of forfeiture ibid. S. 5 Fish salted with Tartudas salt and thereby spotted not Merchantable Folio p 54. s. 6 Forgery What and the penalty Folio p 54 Fornication What and the punishment Folio 54.1 By a Freeman further punished ibid. s 2 The reputed Father of a Bastard to maintain it Folio 55.3 Freemen May order Fences in Common fields where no Select men see Corn fields Folio 17.2 May determine differences in case ibid May by their Feoffes or Proxies appear on the day of Election see Courts Folio 35.3 To send their Deputies to Gener. Courts ib. Persons allowed by General Court for Freemen to be sworn by County Courts Folio 38.12 To nominate such as shall keep Courts in Counties with a Magistrate Folio 36.7 To give in their own Votes in Elections of Deputies see Deputies Folio P. 40. According to their number may send Deputies to General Court
5 Marshalls and their Deputies may require aid in case as Constables may do ibid. s. 6 Any refusing to aid them the penalty ibid Marshalls or other Officers power in levying Fines Amercements and Executions ibid. s. 7. Where they are to make demand ibid The Officers charges to be leavied with the Executions Folio 104. 8 What Goods may not be taken by Execucution ibid The Marshal may take the person refusing to discover Goods or Lands ibid Marshal or other Officer doing wrong to any to make satisfaction ibid. s. 9 To enquire after Wheat landed from forreign parts and put to sale see Malt Folio 106. 2 Marshall General to receive of the Secretary and send forth Orders of General Court see Records Folio 129. 5 To send forth Treasurers warrants c. ibid Masters Servants Labourers No Servant shall Give or sell any commodity without License Folio 104. 1. Time for Workmen prescribed ibid. s. 2 Runaway Servants and other suspitious persons how and by whom to be pursued ibid. s. 3. Workmens Wages to be set by the Freemen in Towns ibid. s. 4. How Workmens wages to be paid Folio 105. 5. Servants flying from cruelty may be harboured in case ibid s. 6 No Servant to be put off for above one year without consent of 2 Magistrates ibid. s. 7 Servants maimed by their masters to have recompence ibid. s. 8. Faithfull Servants to be rewarded ibid. s. 9 Unfaithfull Servants how punished ibi s. 10 See more Burglary Folio 13. 2. Malt. Penalty for malsters if malt be not well made Folio 106. 1. No wheat barley c. to be brought in from forreign parts on penalty ibid. Mills Millers No Miller shall have above one sixteenth part for Toll of what he grinds Folio p. 306 Every Miller to have Weights and Scales ibid Military The Serjeant Major by Warrant may require the chief Officers of the Regiment to meet Folio 107. 1 Such meeting may impose fines in case ibid may order Clerks to distrain ibid 64 Souldiers besides Officers shall be accounted a Foot Company Folio 108. 4. The Major of the Regiment to order smaller Towns ibid Every Capt. Liev. and Ens to have Commission from the General Court ibid Every Captain shall appoint what Arms every Souldier shall serve with ib. s. 5 Two thirds of every Company to be Muskets Pikes to have Corslets and Head-pieces ibid. Or Buff or Quilted Coats Folio 115. 20 Every Captain to exercise his Company six dayes in a year ibid To give notice thereof three or four dayes before ibid Dayes expended in marching to and fro at Regimental Exercise allowed part of the six dayes ibid The three chief Officers may punish disorderly Souldiers with the manner how ib s. 6. Souldiers how to be Armed on penalty Folio s. 7 Who are to be provided with Arms ibid Any Souldier wanting Arms how to be supplied Folio 109. 8 What persons are exempt from Training ibid. s. 9 Every Company to have a Clerk his duty ibid. s. 10 To be upon Oath ibid Committee of Militia in every Town stated their power and duty in case of Alarms Folio s. 11 No Major to lead his Regiment out of the County except c. ibid Seniority of Captain to be according to the Seniority in Towns ibid Boston Captain preceedency by priority of Commission ibid Warrant for Impressing Souldiers to be directed to the Committee of militia ib Committee of militia may suppress raising Souldiers by any but this Government ib Committee of militia with Select men to mount Artillery and repair Forts c. ib. Commission Officers of Horse to be of the militia ibid military Watches how to be set ib. s. 12 Firing a Gun after the Watch set the penalty ibid The duty of a Sentinel and Round ib. What shall be accounted an Alarm ib. The Souldiers duty on an Alarm on penalty ibid Smiths and other Workmen to repair Arms on penalty Folio 112. 13. Surveyor General yearly to give accompt to the Council of the stock of Powder c ibid. s. 14 Every Town to have a Watch house on penalty ibid. s. 15 Every Town to have a stock of Powder c on penalty ibid Troops to be under the command of Majors of Regiments Folio 113. 16 Troopers priviledges confirmed what excepted ibid How to be Armed ibid To exercise 6 dayes yearly on penalty ibid Every Troop to have a Clerk his fees ibid Officers of Horse may remit or abate fines ibid Troopers duty in case of Alarm on penalty ibid No Officer of a Foot Company to be a Trooper ibid. No Troop to be drawn out of the County but by order of Major General except ibid No Trooper may put off or change his Horse without leave on penalty ibid Troopers fines for Non appearance ibid No listed Trooper may disband himself with out leave on penalty ibid A Trooper dismist to be returned by Certificate to the Commander of Foot in every Town ibid Inferiour Officers Commissions to stand good on the death of Superiour Officerr Folio 114. 17. Souldiers being dismist from Exercise to repair to their quarters ibid Disorders of Souldiers to be punished by the chief Officers ibid Troopers listed after 63 not to have the allowance of 5. s. ibid Who may be listed as Troopers ibid Who are lyable to Military Watches s. 19 Towns not under particular Majors to be ordered by the Major General Folio 115. 19. Commission Officers to be chosen by the General Court except c. Folio 116. 21 Inferiour Officers to be chosen by Commission Officers or Major where no Commission Officers are ibid Regimental meetings ordered ib. s. 12 The Majors allowance at such meetings what and by whom to be paid ibid Commissions for military Officers to have the Publick Seal see Seals Publick Folio p. 135 Mines Discoverers of Mines to enjoy the profit thereof for 21 years provided c. Folio 116. 1. Mines found by any man in his own propriety shall remain to the Owner except c ibid Money The Mint house to be at Boston Folio 116. 1. All Officers belonging to it to be sworn ib. Every person may bring Bullion or Plate to be minted ib All money minted to be of Sterl Alloy ibid The Stamp and Inscription of money ib. The value of money Coyned ibid Money Coyned here to pass currant ib Allowance for Coyning and weight of Coyn ibid No person to carry out the Coyn of this Country on penalty Folio 117. 2. Searchers for money exporting to be in all needful places their power ibid Such Searchers to take an Oath ib. may require Assistance ibid Monopolies No Monopoly allowed but of new Inventions that may be profitable Folio p. 119 O Oaths Subscriptions NO Oath to be imposed or subscription required but what the General Court hath appointed Folio 119. 1. No Oath binds any man or Officer but while an Inhabitant ibid All Inhabitants take the Oath of Fidelity s. 2 All Strangers to take the Oath prescribed
Court Provided alwayes it occasion not the pulling down of any Mans House or laying open any Garden or Orchard and in Common Grounds or where the Soyle is wet myrie or very rocky shall lay out such High-wayes the wider viz. six eight ten or more Rods. Satisfaction to be given proprietor Provided that if any Man be thereby damaged in his improved Ground the Town shall make him reasonable satisfaction by estimation of those that laid out the same and if such persons deputed cannot agree it shall be referred unto the County Court of the Shire who shall have power to heat and determine the Case And if any person finde himself justly grieved with any act or thing done by the persons deputed aforesaid he may Appeal to the County Court aforesaid but if he be found to complain without cause he shall surely pay all charges of the parties and Court during that Action and also be fined to the Country as the Court shall adjudge 1639. Private wayes in Towns 2. It is Ordered and Declared by this Court That the Select Townsmen of every Town have power to lay out by themselves or others particular and private wayes concerning their own Town only so as no damage be done to any man without due recompence to be given by the judgement of the said Select men Private wayes in Townâ— and one or two chosen by the said Select men and one or two chosen by the party and if any person shall finde himself justly grieved he may Appeal to the next County Court of that Shire who shall do justice therein as in other Cases 1642. Incumbrance in High-wayes to be removed 3. Vpon information that divers High-wayes are much annoyed and incumbred by Gates and Rails erected upon them It is Ordered by the Authority of this Court That upon any information or complaint made to any County Court or to any Magistrate of any such Gates or Rails erected or to be erected upon any Common High-way the said Court or Magistrate shall appoint a Committee of discreet and indifferent men to view such incumbrance and to Order the reformation thereof And if the parties whom it shall concern shall not submit to such Orders they shall require them to appear at the next Court of that Shire and also shall certifie the incumbrance found and Order by them made under their hands unto the said Court or appear in person to prosecute the cause where it shall be heard and determined for ease and conveniency of Travellers with due respect to the Proprietors cost and damage but no person shall stand charged with the repair of common High-wayes through his own Ground 1647. HORSES MARES IT is Ordered by this Court and Authority thereof L. 2. p. 11. That no Master or Commander of any Ship or Barque shall receive on board his Ship or Vessel any Horse Gelding or Mare but such as shall be entred into a Book with the colour particular marks and age as near as may be known and person of whom such Horse was last bought Horses to be transported to be entred in a Book and proof by Witness or Oath that he was the true owner thereof to be kept by the Clerks of the Writs in all their Towns who are hereby Authorized to view all such as shall be shipped and for every Horse so entred there shall be paid to the said Officers by the Owner or Merchant of such Horse six pence a piece And every Commander or Master of any Vessel who shall take on board any other Horse or Mare except such as he shall receive a Note under the hand of the said Clerk and be entred as aforesaid Penalty shall for every such offence forfeit the Sum of forty shillings to the Informer and forty shillings to the Treasury 1649. No Horsâ—â— to 〈◊〉 sold to Indians It is Ordered that no person shall under any pretence sell or any way dispose any Horse Mare or Colt to any Indian upon the penalty of one hundred pounds 1655. VVHereas the Breed of Horses in the Country is utterly spoiled whereby that useful Creature will become a burthen which otherwise might be benificial and the occasion thereof is conceived to be through the smalness and badness of Stone Horses and Colts that run in Commons and Woods For prevention whereof This Court doth Order and Enact and be it Ordered and Enacted by the Authority hereof Order for the best improvment of stone Horses That no Stone Horse above two years old shall be suffered to go in Commons and Woods at liberty unless he be of comely proportion and sufficient stature not less then fourteen Hands high reckoning four Inches to a Handful and such a Horse to be viewed and allowed by the major part of the Select men of the Town where the owner lives And if any person or persons turn any Stone Horse upon the Commons or at liberty or in the Woods being not viewed and allowed as before he or they shall forfeit twenty shillings a Month for every Stone Horse running at liberty after he is a two years old which penalty is to be taken by Warrant of the Select Men and imployed to the Towns use and if the Select Men of any Town do neglect their duty in taking their fines and viewing such as are brought in according to this Law they shall forfeit twenty shillings to the County Treasury and this Law to be in force the first of October next 1668. Idle Persons VVHereas in the Law tit House of Correction Idle persons are particularly named as such as the Law intendeth should be committed to that House for Correction and Reformation This Court taking notice upon good information and sad complaints that there are some persons in this Jurisdiction that have Families to provide for who greatly neglect their Callings or mispend what they earn whereby their Families are in much want and are thereby exposed to suffer and to need relief from others This Court for remedy of these great and unsufferable evils do Declare that by Idle persons mentioned in the recited Law such neglectors of their Families are comprehended amonst the rest and that in a special manner 1668. Constable to take notice of Idle persons IT is Ordered that no person House-holder or other shall spend his time Idely or unprofitably under pain of such punishment as the County Court shall think meet to inflict And the Constables of every Town are required to use special care to take notice of Offenders in this kinde especially of common Coasters unprofitable Fowlers and Tobacco takers and present the same to the next Magistrate who is hereby impowred to hear and determine the cause or transfer it to the next Court. 1633. JESVITES THis Court taking into consideration the great Wars Combustions and Divisions which are this day in Europe and that the same are observed to be raised and fomented chiefly by the secret underminings and solicitations of
those of the Jesuitical Order Men brought up and Devoted to the Religion and Court of Room which hath occasioned divers States to expel them their Territories for prevention whereof among our selves Forbidden to enter out Jurisdiction It is Ordered and Enacted by Authority of this Court That no Jesuite or Spiritual or Ecclesiastical person as they are termed Ordained by the Authority of the Pope or See of Room shall henceforth at any time repair to or come within this Jurisdiction And if any person shall give just cause of suspition that he is one of such Society or Order he shall be brought before some of the Magistrates and if he cannot free himself of such suspition he shall be committed to Prison or bound over to the next Court of Assistants to be tryed and proceeded with To be Banished by Banishment or otherwise as the Court shall see cause And if any person so Banished be taken the second time within this Jurisdiction upon lawful tryal and conviction he shall be put to Death Provided this Law shall not extend to any such Jesuite Spiritual or Ecclesiastical person as shall be cast upon our Shores by Ship-wrack or other Accident so as he continue no longer then till he may have opportunity of Passage for his departure nor to any such as shall come in company with any Messenger hither upon publick occasions or Merchant or Master of any Ship belonging to any place not in enmity with the State of England or our selves so as they depart again with the same Messenger Master or Merchant and behave themselves inoffensively during their abode here 1647. IMPOSTS FOR the support of the Government and Maintenance of Fortification for the protecting and safe guarding our Harbours for our selves and others that come to Trade with us It is Ordered by this Court and the Authority thereof A. 53. p. 19. That every Person Merchant Seaman or other that bring Wines or Strong-waters into any of our Harbours in any Ships or Vessels whatsoever except they come directly from England as their first Port before they Land any of the said Wines or Strong-waters more or less Wines to be entred before landed shall first make entry of as many Butts Pipes or other Vessels as they or any of them shall put on shore by a Note under their Hands delivered to the Officer that is to receive the Customes at his House upon pain of forfeiture and confiscation of all such Wines and Strong-waters as are Landed before such entry made wheresoever found the one half to the Country the other half to the Officer and the Merchant or owner of such Wines of any kinde or Strong waters as soon as he Lands them shall deliver and pay unto the said Officer what is due for Custome of them according to this Order Custome to be paid upon the Landing in Wine or Strong-water according to the proportion of the goodness of the parcel that is brought in as the Officer and Owner can agree to the contentment and satisfaction of the said Officer but if they cannot agree Customers Deputy the Treasurer for the time being shall Determine the price thereof And it is further Ordered that the chief Officer or Customer shall have under him a Deputy or Deputies who shall be as searchers or waiters in several places to take up such Wines or Strong-waters by order of the said chief Officer and to take notice of what is Landed in any place of this Jurisdiction that the Country be not defrauded who shall have due recompence as the chief Officer shall agree with them and all Wines shall pay Custome according to the Rates following Rates of the Custom of wine Every Butte or Pipe of Fyall Wines or any other Wines of the Western Islands five shillings Every Pipe of Madera wine six shillings eight pence Every Butte or Pipe of Sherry Sack Malaga or Canary Wines ten shillings Muscadels Malmsies and other Wines from the Straits ten shillings Bastards Tents and Alligants ten shillings And proportionable for greater or lesser Vessels of each kinde Every Hogshead of French Wines two shillings six pence And every Hogshead of Strong-waters ten shillings and proportionably for greater or lesser quantities Customers power and duty 2. And for the better recovering any such Customes of Wines and Strong waters or Forfeitures for not entring according to this Order It is Ordered that the said Officer or his Deputy hath hereby power and is required to go into all Houses or Cellars where he knoweth or suspecteth any Wine or Strong-waters to be and shall seize all such Wines and Strong-waters as are not entred according to this order and also seize and take possession of so much Wines and Strong-waters as shall make payment for what Custome is due according to entries made and is refused or neglected to be paid in due manner according to this Order Constables to assist the Officer And all Constables and other Officers are hereby required to assist and aid the Officer in the discharge of his duty and helping to break open such Houses or Cellars of the Owners of such Wines or Strong-waters as shall refuse to open their doors or deliver their Keys in a peaceable manner Constables and others to assist the Customer And any Smith Carter Owner of Boat Porter or other that shall be required by the Officer to help and assist in taking loading and transporting such Wines for the use of the Country and shall refuse or neglect such service for due hire shall forfeit to the Common Treasury ten shillings for such default on penalty of ten shillings to be levyed by the Constable by Warrant from any one Magistrate And all Debts due unto the Country for Custome of Wines or Strong-waters where Wines or Strong-waters are not to be found they shall be recoverable in a way of Action according to the course of Law in other Cases 3. And it is further Orderd L. 2. p. 9. That besides the Customes of Wines or Strong-waters aforesaid all Merchants or Masters of Strangers Ships which shall arive with Merchandize in any of our Harbours of Boston or Charls-town and shall make sale thereof or of the greater part of the â—ame shall pay by way of Custome or Imposition Six pence per 〈◊〉 paid by every 〈◊〉 after the Rate of six pence per Tun for every Ship to be paid out of the said Merchandize And the Master of every such Ship shall also pay ten shillings towards the maintenance of our Fortifications for the deâ—ence of our said Harbours Provided no English-ship or other Ship or Vessel Fraught in England by any English man arriving in our said Harbours nor any Vessel of our Confederates or any other parts where our Sips are free of Customes Imposts and Taxes shall pay the said Custome of six pence per Tun to the Officer appointed For a ship of 〈…〉 but only towards the maintenance