to the Treasurers Order ibid To clear their accompts with the Treasurer on penalty Folio p 25 s 4 To Presse Boats or Carts to carry in Rates and to collect after expiration of his Office ibid His danger in not obeying the Treasurers Warrant ibid To leavy Rates on strangers Folio s 5 To inform of persons entertaining Youth c. See Children Folio p 27 s 3 To serve Attachments see Clerk of Writts Folio p 29 s 2 His Deputy may serve Attachments See Presidents Folio p 162 To whip any that are sentenced thereto See Constables Folio p 31 s 1 To collect Rates by Order of Select men ib. To convey offenders accord to Warrant ib. To make Hue and Cry where no Magistrate is near Folio p 31 s 3 To pursue Hue and Cry ibid To apprehend Offenders ibid To search for such persons on the Sabbath day or else Folio p 31 s 4 To apprehend no person without Warrant in writing ibid May require aid in the execution of his Office Folio p 31 s 5 To have a Black staff tipt with Brass when he executes his Office Folio p 31 s 6 Not pursuing Hue and Cry the penalty ibid To Summon a Jury on untimely death See Vntimely death Folio p 39 To return the names of Deputies chosen for what time on penalty see Deput Folio p 41 s 5 To leavy Rates for Ministers maintenance See Ecclesiastical Folio p 45 S 18 To receive votes for Election in case See Elections Folio p 47 s 2 To Summon Freemen for Nomination of Magistrates and when Folio P 47 S 3 To signifie to the Freemen who are to be put to vote for Magistrates on the day of Election Folio P 48 To apprehend by Warrant deniers of Scripture See Heresie Folio P 59 S 2 To present idle Persons before a Magistrate See idle Persons Folio P 66 To assist the Custome Master in case See Imposts Folio P 68 S 2 To leavy by Warrant fines on any that refuse to assist the Custome Master ibid To serve Warrants to presse Workmen See Impresses Folio P 75 S 1 To convey Indians that are found with Liquors c. before a Magistrate or Commissioner See Indians Folio P 77 S 11 To commit a drunken person to Prison or secure him in case See Inkeepers Folio p 81 s 5 To inform a Magistrate or Commissioner or Select men where no Magistrate or Commissioners are of such cases ibid To return all fines received of drunken persons to the Treasurer ibid To make search for all offenders against this Law on penalty Folio p 83 s 14 To call the Freemen to chuse Jurors and return the Warrant See Jurors Folio p 86 s 1 To Summon any person residing here from their Relation See Marriage Folio p 101 s 4 A Constable with 2 Inhabitants where no Magistrate is may Presse Men Boats to pursue Persons See Masters Folio p 104 s 3 To enquire after Wheat c. landed and put to sale from forreign parts See Malt Folio p 106 s 2 To carry a Souldier before a Magistrate being required thereto by the chief Officers See Military Folio p 108 s 6 To provide Arms for Souldies Folio p 109 s 8 To Impresse Souldiers by Order Folio p 110 s 11 To leavy Rates for Fortification ibid To assist Searchers for mony on penalty See Money Folio p 119 s 3 To present Cullers of Pipeslaves before a Magistrate to be sworn See Pipestaves Folio p 122 To provide for poor persons by Order See Poor Folio p 123 s 2 In Port Towns to signifie to Merchants and Masters the Law about Powder See Powder Folio p 126 s 1 To whip any therunto sentenced See Sabbath Folio p 132 s 1 To cause dogs using to course and bite sheep to be hang'd in case See sheep Folio p 138 s 2 To keep accompt of straies and lost goods See Straies Folio p 142 s 1 In Port Towns to inform Masters of Ships with the Law tit Strangers Folio p 143. s 1 To inform of strangers received contrary to that Law ibid To leavy fines about Swine where no Select men are see swine Folio P 145 s 1 To apprehend Swearers see swearing Folio p 144 s 1 To apprize Swine impounded and not owned Folio P 146 s 3 To leavy fines by Order of Select men see Townships Folio P 148 s 5 To acquaint Select men with the Order about Children Folio P 149 s 8 To serve all Warrants from Select men Folio p 150 s 9 To leavy fines by Warrant from the Treasurer see Treasurer Folio P 151 s 4 To leavy County Rates ibid To apprehend Vagabonds with or without warrant See Vagabonds Folio p. 153. To warne and set the watch and give charge See watches Folio p. 154. s. 1. To present any defective in watches to a Magistrate ibid To provide weights and measures see weights Folio p. 155. s. 1 To pay the Treasurer for sealing them and to deliver them to the Select men ibid To obey Sealers Warrants ibid To pay Indians for killing Wolves see Wolves Folio p 159 s 1 To require Artificers to help in Harvest see Workmen Folio p 16 j Conveyances Deeds For sale of Land or House not valid c. without Deed c. or acknowledgement before a Magistrate Folio P 32 s 1 How to be made ibid What exempted from this Law ibid Obtained by Dures invalid Folio s 3 Fraudulent invalid ibid For sale of House c. or Mortgage of no force against any other not being acknowledged and Recorded the Graunter being in possession Folio s 4 Grauntee to enter his Caution with Recorder of County Court ibid Grauntee to be bound to Court of Assist in case ibid Council In the vacancie of the General Court are the Governour and Assistants Folio p 33 To be called by Letters from the Govern ib. The Governour Deputy Govern with six Assistants may impresse Souldiers ibid In extraordinary cases as many as appear make a valid Act ibid Their power Folio p 34 Courts General Courts To appoint Brand-marks to Towns see Cattle Folio p 18 s 3 To be called by the Govern in case see Council Folio p 33 Superiour Courts The chief power Folio p 34 s 1 To raise Money Taxes and dispose of Lands ibid To make Laws c. ibid No act to pass without consent of both houses Folio p 35 s 2 The Acts of this Court to be engrossed and read the last day of every Session ibid Difference in cases of Judicature Civil or Criminal how issued ibid It only can pardon a Malefactor Folio p 35 s 4 May send forth any person into forreign parts ibid Not to be dissolved without consent of the major part thereof ibid. S 5 To Judge of the miscarriage of any before them Folio P 36 S 6 to appoint persons to keep County Court in case Folio p. 36. s 7 To allow of Freemen to be made see Freemen Folio P 56 S 4 To conclude a vindictive War see
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
equity ibid A special Jury to be summoned for life or banishment ibid. Grandjuries to be summoned yearly to attend the several Courts with their duty Folio s. 2 Every Grandjuror to be allowed 3. s. per diem ibid Grand and Pettyjuries may give in a special Verdict in case the determination whereof belongs to the Court Folio 87. 3. All Jurors in matter of Fact not finding the main issue may present what they finde ibid Any Jury or Juror may in open Court advise with any person to resolve or direct them before Verdict ibid. s. 5. No Juror shall serve above one ordinary Court in a year except Grand jurors in cases of life and death ibid The Foreman of every Jury to deliver up all writings committed to them to the Clerk see Records Folio 129. 1. A Jury to be summoned in case of untimely death what to do and to whom to make return see untimely death Folio p. 39 L Lands free Lands All Lands granted or to be granted to English Plantations or Persons by General Court to be accounted the right of such English see Indians Folio 74. 1. Any person buying Land of any Indian without licence of General Court forfeited Folio s. 2 Graunts of Lands from Indians on tearm of years without licence forfeitable as if bought ibid. All our Lands and Heretages free from all licenses upon Alienations c. see Lands Folio p. 88. Any persons may purchase Lands of Indians where Mines are discovered see Mines Folio 116. 1. Leather Raw Hides not to be transported on forfeiture see Hides Folio 63. 1. Brought from beyond Seas transportable ib. To be preserved from corrupting on penalty ibid. s. 2. No Butcher Currier or Shoo-maker to exercise Tanning on penalty see Leather Folio 88. 1 No Tanner to be a Butcher c. ibid Gashing Hides in taking off penalty ibid Any Tanner putting to sale Leather insufficiently Tanned c. forfeited Folio 89. 2. Tan Fat 's set in Tan hills c. the penalty ib Curriers duty with the penalty of neglect ibid. s. 3. Searchers of Leather To be sworn their duty and power ibid. s. 4. Neglect of their duty the penalty ibid How to dispose of insufficient Leather seized by them Folio 90. 5 Liberties Common Every person may freely Fish or Fowl in any Pond c. unless otherwise appointed c Folio 90. 2. No man shall come on anothers propriety without his leave and as in said Law expressed ibid Lying Any Person of the age of 14 years making a lye their punishment stock fine or whipping to the fourth offence Folio p. 91. Persons under age for lying to be punished by their Parents ibid M Magistrates GOvernour Deputy Governour and five Magistrates may order and direct for removing obstructions referring to the Execution of Imposts see Imposts Folio 7. 12 Three Magistrates may keep a County Court see Courts Folio 36. 7. May order satisfaction for damage done by Indians to the Cattle of English see Indians Folio 76. 7. With Select men may place out unruly Children see Children Folio 26. 1. May dispose of Orphans to service Folio 28. 6. May punish Inkeepers for neglect of giving accompt of draught of Beer See Imposts Folio 70. 4. Two Magistrates may punish Indian Traders allowed for not giving a true accompt and payment to the Treasurer see Indians Folio 78. 12. Consenting to an Assignment of a servant is good see Masters Folio 105. 7. May out of Court dispose of and settle poor persons see Poor Folio 123. 1. May grant Licence to export Powder See Powder Folio 126. 2. May appoint Surveyors of Ships to be built See Ships Folio 138. 1. May take Order about Strangers see Strangers Folio p. 134 With the Clerk of Court may take the acknowledgement of a Judgement See Courts Folio 36.7 One Magistrate May punish breach of the peace see Breach of the Peace Folio 11. 1. May suppress a forceable detaining possession after Execution ibid. s. 2 May give Possession ibid May imprison the detainer and abettors by Warrant to the Marshal ibid May give Oath to Clerk of Markets see Bakers Folio 8. 1. May presse Workmen to repair defective Bridges see Bridges Folio 12. 3. May punish for Pilfring under 40. s. See Burglary Folio 13. 2. To return the Cases he issues to County Court ibid May punish Corporally in case ibid May give Warrant to search for stollen Goods ibid May proceed with any suspected according to Law Folio p. 14 May give Gagers of Cask and Packers an Oath see Cask Folio 16. 1. May punish any for taking Cattle to use without leave when and how see Cattle Folio 19. 5. May end small Causes under 40. s. See Causes Folio 20. 1. May sit in a Court with the Commissioners of Boston Folio 21. 3. May punish unruly Children see Children Folio 27. 2. May punish any person entertaining Children c. ibid. s. 3. May dispose of Offenders brought before him see Constable Folio 31. 2. May punish any that refuse to aid a Constable ibid. s. 5. May commit to Prison any that refuse to make acknowledgement of a Deed c. see Conveyance Folio 32. 4. May adjourn a Court in case see Courts adjournments Folio p. 38. May Summon a Jury on untimely death see Vntimely death Folio p. 39. May deal with open opposers of the Word c. see Ecclesiastical Folio 44. 15. May punish persons for absenting from publick Worship on the Sabbath Folio 45. 16. One or two to be present at opening Votes for Nomination of Magistrates see Elections Folio 47. 3. May commit any person suspected for firing a house c. see Firing Folio 51. 2. May punish such as kill Mackrel before July see Fish Folio 54. 5. May punish for Galloping in Boston streets see Galloping Folio p. 57. May punish Gaming or Dancing in Ordinaries see Gaming Folio 57. 1. May dispose of Cards and Dice brought in voluntarily ibid. s. 4 May commit to Prison any who wittingly and willingly deny the Scripture see Heresie Folio 59. 2. May by Warrant exact fines on Masters that bring in Quakers and take security to carry them away Folio 60. 4 May appoint men to view High-wayes on complaint see High-wayes Folio 65. 3. May punish or binde over Idle persons to the Court see Idle Persons Folio 66. 1. May commit or bind over to Court of Assistants any suspected to be a Jesuite see Iesuites Folio p. 67. May fine any refusing to assist the Custome Master see Impost Folio 68. 2 With the overseers of a work may Impresse workmen in the next Towns and set wages see Impresses Folio 73. 1. May fine or punish a Drunken Indian see Indians Folio 78. 11 May punish any that brew not Beer according to Law see Inkeepers Folio 80. 2. May punish Retailers of Strong-waters or private House-keepers for permitting Tipling Folio p. 81 82. s. 7 8. May determine all offences against that Law Folio 83. 13 May punish wanton and rude singing in
p. 134 His allowance ibid Masters or Marriners non-observance of this Law the Penalty ibid Salt-Peeter In all Towns where the makers thereof desire Select men are to make Orders for eâ—ercasing Peeter Folio p. 135 Penalty on any neglecting such Orders ibid Select men neglecting to make and execute such Orders the penalty ibid Seal-Publick The Governour or keeper of the Seal to affix the Seal to Military Commissions c. from this Court or Council without pay Folio p. 135. Schools Every Town consisting of 50 House-holders to have a School for Writing and Reading Folio 136. 1. How such School master shall be paid ibid Where a hundred House-holders are must be a Grammar School on penalty s. 2. No Hetrodox or scandalous School-master to be allowed ibid. s. 3. Penalty on Towns for want of a Grammar School encreased Folio 137. 4. Secretary To sign Warrants for Execution of persons sentenced to death by Court of Assistants or General Court see Condemned ib. s. 2. To give out Copies of the names of persons allowed by General Court to be Freemen see Courts Folio 38. 12 To give notice of all fines to the Treasurer within 14 dayes see fines ibid To signe Warrants for levying Executions see Marshals Folio 102. 2. To receive in Petitions at the General Court and take pay for them see Petitions Folio p 121 To give accompt of the number received by him to the Magistrate which shall be allowed as part of his Sallery ib. To deliver to the Marshal General Copies of special Orders of General Court within ten dayes see Records ibid. 5. To write out Military Commissions c. for the Seal see Seal-rublick Folio p. 135 To keep accompt of dues by fines c. on penalty see Treasurer Folio 151. 4. To present to the Council or Court of Assistants an accompt of all Bonds c. returned to England see Ships Foloo 140. 3. Selfe Murther Self-murtherers denyed buriall in common burying places but c. Folio p. 137 Sheep Any person may keep sheep on commons whereto he belongs Folio 137. 1. Five sheep to be allowed for one cow where commons are stinted ibid None to course with a dog on penalty Folio 138. 2 Any dog killing sheep to be hanged by the owner on penalty ibid All Wooll put to sale how to be washed ordered on penalty ibid. s. 3 Ships Every Vessell above 30 Tuns to be built shall be Surveyed by such as are appointed Folio 138. 1 The builder or owners of such vessel to give notice on penalty ibid Surveyors power ibid Any Ship-carpenter not following the Surveyors advice upon complaint how to be proceeded with ibid Officers appointed to propagate the Art of Navigation Folio 139. 3 Rules for their proceeding therein and fees stated ibid. No masters aboard their ships to drink healths or suffer others to drink them on penalty Folio 140. 4. No person to fire a Gun after Sun set or on the Sabbath on penalty ibid The Captain of the Castle to give notice of this Law to all Ships passing the castle ib. Every ship trading in our Ports not belonging mostly to this Country to pay halfe a pound of powder per Tun ibid. s. 5. Officers as receivers nominated ibid. Their Power ibid. Such are accountable to the Gen Court ibid. No person shall Trade upon our Coasts in case on penalty Folio 141. 6. Spinning To be disposed of and regulated in the several families by the Select men Folio p. 141 Strayes Every one takeing up a Stray c. the owner not known to enform the Constab within six days ibid. s. 1. Rules for the Constable in such case ibid. Penalty to finder or Constable on neglect ib. The finder to apprize Record lost goods on penalty ibid. Lost goods to be restored to Owners within one year after publication on condition ib. Finders of Strayes to put wyths on beasts necks on penalty ibid. When Cattle shall be accounted Straies ibid Penalty to any takeing off a wyth or taking away a beast ibid All Strayes where to be first Cryed ib. s. 2. Straies to be entred with the County Recorder ibid Strayes how to be disposed in case ibid Strangers May sue Strangers in any Court see Courts Folio p. 38. s. 8. Every Master or mate of a Ship to bring all Strangers immediately upon their arrival before the Gover or other Magistrate on penalty see Strangers Folio p. 143 The Capt. of the Castle to make known this Order to Vessells that pass by ibid. Strangers professing the true Religion to be succoured ibid. All persoons to enjoy equal Justice ibid. No Stranger to have any Lot in any Town till allowed nor to be entertained above 3 weeks on penalty ibid. No person to receive a stranger above three weeks on penalty ibid Sureties and Goods Attached No Goods Attached to be free till Execution upon Judgement be satisfied Folio p. 144 Sureties except in Capital or Criminal Cases not to be free till Execution be satisfied ibid. Swearing and Cursing Rash and vain Swearing and Cursing how punished Folio p. 145 Swine Any person chosen to execute Orders about Swine the penalty Folio 145. 1. All damage by Swine to be paid according to the Orders of the Town where damage is done ibid. s. 2. What sufficient Fences against Swine ibid. Swine Impounded and not owned how to be disposed of Folio 146. 3. Towns or Select mens neglect to make Orders the penalty ibid. T Tile Earth VVHen to be dig'd on penalty Folio p. 146 Tiplers Tipleing See Inkeepers Folio p. 81 84 Tobacco May not be taken within 20 Poles of any house c. on penalty Folio p. 146 Tolling of Cattle see Horses Town-ships To pay their proportion to building or repairing County Bridges s e Bridges Folio 12. 1. Penalty by defective Bridges or High waies ibid. s. 2 Penalty of treble damage in case ibid To choose yearly a Gager of Cask Packer see Cask Folio 16. 1. Any chosen paying 40 s. the town must choose another ibid Neglect hereof the penalty ibid To have a distinct Brand mark see Cattle Folio p. 18. s. 3 to provide an house for the Ministry see Ecclesiasticall Folio 45. 17 May Impose a fine on any chosen to Office and refusing to serve see Freemen Folio 56. 2 To restraine Indians from prophaning the Sabbath see Indians Folio 77. 10 To chose Scalers of Leather see Leather Folio 89. 4 Not to appropriate to any man any Pond that is above Ten acres see Liberties common Folio 91. 2 Danger if not excepting against persons at the County Court see Poor Folio 123. 2 Where 50 Families are to have one to teach to Write and Read see Scâ—cols Folio 136. 1. Where one hundred Families are to have a Grammar School on penalty ib. s. 2 To make Orders against Swine on penalty see Swine Folio 143. 3. May chuse Select men to order the Prudentials of their Town see Townships Folio 148. 1. To dispose of single
persons and Inmates Folio s. 3 May impose fines on any resusing to serve as Constables ibid. s. 5 Who in them may have priviledge of Commonage for Wood Folio 149. 6 To pay 10. s. for every Wolf kill'd by English see Wolves Folio 160. 3. Select mens Duty and Power To Assess persons for their Garb see Apparel Folio 5. 1. To appoint persons to view Town bounds see Bounds Folio p. 10 To order Fences in Common fields in case see Corn-fields Folio 17. 2. To make Orders to repair Fences general and particular under 100 Acres Folio 19. 6. And to impose fines ibid Not to neglect making such Orders on penalty to the Town ibid To order repairs of Fences on the Owners neglect ibid To give Warrant to the Constable to levy double damages in case ibid. To try Causes and grant Executions in case see Causes Folio 21. 2. To make Country Rates see Charges Publ. Folio 23. 3. To Assess Strangers any Moneth Folio 25. 3. To see to the Education of Youth on penalty see Children Folio 26. 1 To place out unruly Children ibid The major part may approve the marriage of Orphans Folio 28. 6. To Assess for Ministers maintenance see Ecclesiastical Folio 48. 5. To receive of the County Treasurer fines imposed on Quakers c. and to improve them see Elections Folio 48. 5 To lay out private High-wayes see High-wayes Folio 64. 2 To give recompence to any damaged by such Wayes laid out ibid. p. 65 To approve such Stone horses as go on Commons see Horses Folio 65. 2. To levy the penalty by Warrant for the Towns use ib. p. 66 The penalty of Select-mens neglect ibid With the Collector of Customes to rate persons in case see Imposts Folio 71. 7 Where no Magistrate or Commissioners are may punish Indians for Drunkeness see Indians Folio 77. 11 To approve of persons to keep Ordinaries c. see Inkeepers Folio 79. 1. Where no Magistrate or Commissioners are may commit a drunken person to Prison or punish according to Law see Inkeepers Folio 81. 5. To prohibit persons from publick houses c in case Folio 85. 19. To receive a third part of all Leather and Shoos seized see Leather Folio 90. 5. To Assess the Town for mounting Artillery c. see Military Folio 110. 11. To Assess for Towns stock of Powder c. Folio 112. 15 To crayē the help of County Courts against persons obtrudeing the Town see Poor Folio p. 123. To provide for Poor settled by County Court ibid To allow Porters and set their Wages see Porters Folio p. 124. To provide materials for work in the House of Correction see Prison Folio 127. 3. May punish Prophaners of the Sabbath Folio 132. 1. To make Orders to produce Salt-peeter see Salt-peeter Folio p. 135. To impose fines on any neglecting their Orders ibid. To chuse and allow an Officer an annual stipend to execute their Orders ibid To provide for School-masters maintenance see Schools Folio 136. 1 Not to admit or suffer a Hetrodox or Scandalous Schoolmaster ibid. s. 3. To appoint the place where self-murderers shall be buried see Self-murder Folio p. 137. To make Orders for clearing Commons for Sheep see Sheep Folio 137. 1. May impose fines for putting Rams to flocks ibid. To order spinning in their Towns see Spinning Folio p. 141 To make Orders about Swine see Swine Folio p. 145 to manage the Prudential affairs of the Town according to instructions in writing see Townships Folio 148. 2. To require Constables to levy fines on such as refuse to serve as Constables ibid. s. 5. With two Magistrates may put Children forth to service Folio 149. 8. May order and dispose Constables Watches see Watches Folio p. 154 With the Constable to chuse a Sealer of Weights and Measures see Weights Folio 155. 1. To appoint Measurers of Corn Wood or Board Folio 156. 2. To cut off the Ears of Wolves they pay for to Indians for the Country see Wolves Folio p. 160. Treasurers To issue forth Warrants for Assessment yearly see Charges Publick Folio 23. 3 For levying the same ibid To pay to the Constable Charges of bringing Rates ibid May distrein the goods of Constable or any other person in case Folio 25. 4. To pay 100. l. per Annum to the Colledge see Colledge Folio 30. 2. To pay charge of Hue and Cry in case see Constable Folio 32. 7. To pay for Victuals and Vessells Impressed see Council Folio p. 34. To pay charge of Elders meetings when imployed by the Courts Order see Ecclesiasticall Folio p. 44. 13. To pay the Secretary for writtings see Seal-Publick Folio p. 136 To keep Accounts of all transactions belonging to his Office as Debts Dues c. see Treasurers Folio 150. 1. To make no payments but by some Law or Order ibid. His allowance Folio 151. 4. To give Account once a year to the General Court ibid. To provide Weights measures as Standards see Weights Folio 155. 1. To Seal Town Standards ibid. To pay the charge of Witnesses in Criminals see Witnesses Folio 159.3 To pay for every Wolfe killed 10 s. see Wolves Folio p. 159. County Treasurer To pay for Hue and Cry in case see Constable Folio 32. 7. To pay to Select men in Towns all Fines of Delinquent Quakers see Elect. Folio 48. 5. To give Warrant to the Marshal to Levy Fines Folio p. 51. To receive Fines for Select mens neglect of the Law title Horses Folio 67. 2 To pay for Poor in case see Poor Folio p. 123. To be chosen Annually time when manner how see Treasurers Folio 150. 2. No Clerk of Court to be Treasurer ibid. May give Warrant to Marshalls or Constables to Levy Fines Folio 151. 4 His Allowance ibid To have the same Power in his place as the Country Treasurer Folio 151. 5 To return to County Courts the names of Constables not clearing their Accompts ibid To pay twenty shillings so every Wolf kil'd by English see Wolves ibid. s. 3. Tryalls Any Person against whom Judgment hath past in Civil Actions may have a new tryal on Review in case Folio 152. 1. Plantiffe Defendant agreeing may have their Case tryed by Bench or Bench and Jury except ibid. s. 2. Every Delinquent hath liberty of a Jury ibid. s. 3. Challenge may be made against Jurors by Plaintiff or Defendant if found just others to be impanelled ibid. What persons may have allowance in any case ibid. s. 4. V Vagabonds BEing Apprehended how to be proceeded with Folio p. 152. Vexatious suits How punished see Actions Folio 8. 3. Votes When persons are capable of Voting see Ability Folio 1. 1. None to Vote in Elections but Freemen on penalty see Elections Folio 47. 1. Every person called to Vote in any Court c. may act according to his own Judgement see Votes Folio p. 153 Neuters to be taken in the Negative ib. Who may put matters to Vote the President refusing ibid The Governour to have a casting Vote
Folio P 41 S 5 To receive fees for entry of Petitions See Petitions Folio P 121 To give accompt of Petitions entred to the Deputies which shall be allowed as part of his Sallary ibid Of Courts To return Reasons of Appeal to the Court of Assistants See Appeal Folio p 4 s 2 To sign Warrant for Executions in cases civil or criminal see condemned Folio p 30 s 2 To enter all Graunts Sales c. see Conveyances Folio p 33 s 5 To signifie to Country or County Treasurer within 14 dayes what fines are imposed on any See Courts Folio p 51 To send Warrants to Towns to chuse Jurors see Iurors Folio p 80 s 1 To grant Execution for what is unpaid on a former Execution see Marshall Folio S 2 To certifie County Court the neglect of Clerk of Writts see Records Folio p 130 s 2 To Record Straies lost goods and return to the Country Treasurer see straies Folio p 142 s 2 To send the Order about Children to Constables see Townships Folio p 149 s 7 To keep a Book of Accompt of Entry of Actions on penalty see Treasurers Folio p 151 s 4 To enform Coun. Co. of any renouncing Excecutorship c on penalty see Wills Folio p 158 s 1 To enform County Courts of any Will proved or Administration granted Folio S 2 Of Trained Bands May take Fines by Distress by order of the Major chief Officers see Military Folio p 107 s 2 To provide Arms Folio P 109 s 8 To take the Oath belonging to his Office to pay a penalty on refusal Folio s 10 His duty see Military Folio P 109 110 s 10 Of Troops To take the Oath belonging to his Office Folio P 113 s 16 To Leavy fines his fees ibid When to make Distress ibid To Leavy fines for not Watching Folio p 114 s 18 Of Markets To take the Oath of his Office Folio p 8 s 1 His Duty ibid Colledge To be managed by Feoffees Folio P 29 s 1 The major part of Feoffes may make Orders ibid Dispose of Gifts and Revenues ibid The whole number may Repeal and Alter Orders ibid May distribute the Countries allowance to President and Fellows ibid Commissioners Of Vnited Colonies Their Power see Presidents Folio P 163 Of Shires their duty By whom appointed see Elections Folio P 47 s 3 To carry the Votes for Nomination of Magistrates to be opened at Boston ibid. The time when and before whom to be opened ibid To make return to the several Constables under their hands of the persons to be nominated for Magistrates ibid Commissioner for Suffolk to appoint the place for opening the votes ibid Commissioners of Towns In every Town to receive carry the votes for Nomination of Magistrates and County Treasurers to the Shire meeting when and how to proceed see Elections Folio P 47 s 3 To chuse one out of themselves to carry the Votes of the Shire to Boston ibid For making Rates To joyn with the Select men in making Rates and by whom to be chosen Folio p 23 s 3 To meet at the shire Town the first fourth day in September with their Assessments to be examined and corrected Folio p 24 ibid To return to the Treasurer under their hands what is to be leavied on every Town on penalty ibid p 24 To prize Corn for Rates The Commissioners of Essex Suffolk and Middlesex where the General Court doth not to Prize Corn ibid Commissioners of Boston To be annually chosen see causes Folio p 21 s 3 The number to be chosen ibid To be approved by the Court of Assistants and sworn by them or Governour or Deputy Governour ibid To try Causes to ten pounds the extent of their power their Court stated to publish their Court dayes ibid To impose fines to 40. s. Folio p 22 s 3 May by Warrant summon any offenders to appear and may punish as one Magist ibid To have a Commission under the Secretaries hand ibid To fine persons for galloping in the Town See Galloping Folio p 57 May fine any not brewing Beer according to Law See Inkeepers Folio p 80 s 2 to have Magistratical power se Presid Folio p 166 Commiss to try small Causes in Towns To be chosen by Court of Assistants or County Court see Causes Folio p 20. s. 1. their power ibid to take an Oath see Presidents Folio p 166 May punish breach of the Peace see breach of the peace Folio p 11 s 1 May punish unruly Children see Childr Folio 27.2 May punish any entertaining such Childr Folio s 3 Every Commissioner on Oath May dispose of Cards and Dice brought in involuntarily see Gaming Folio p 58 s 4 May punish Gamesters by fine or corporal punishment ibid May punish or fine a drunken Indian see Indians Folio s 11 May punish any that are drunk see Inkeepers Folio p 81 s 5 May punish wanton rude singing in publick houses Folio s 17 May punish any found in publick houses after prohibition of Select men Folio s 19 To keep Records of Judgements given against any person see Records Folio p 129 s 1 May punish prophaners of the Sabbath see Sabbath Folio p 132 s 1 May punish any drinking in Ordinaries after Sun set Folio s 2 May punish any neglecting to watch see Watches Folio p 154 s 1 May take the testimony of any of 14 years of age see Witnesses Folio p 158 s 2 A Commissioners Court May punish any Retailer of strong-waters or private house-keeper for permitting any to tipple See Inkeepers Folio p 81. s 7. p 82 s 8 No Commissioner may give counsel in case See Counsel Folio p 34 None to be allowed Commissioner in any Town but such as are approved see Causes Folio p 22 s 4 Commissioners of Indians Authorized may issue Cases among themâ—â—â—â—â—â—â—â—e Magistrate and to have Officers to execute Commands and Warrants See Indians Folio p 77 s 9 With one Magistrate have the power of a Country Court ibid Condemned No person to suffer within 6 dayes after judgement but in special cases Folio p 30 s 1 Not to be unburied 12 hours except for Anatomy ibid Constable his Office Duty By Warrant to impress Workmen See Bridges Folio p 12 s 1 To leavy fines granted by a Magistrate to 40 s See Burglary Folio p 13 s 2 To return to County Courts what fines received ibid By warrant to search for stollen goods and apprehend any suspitious person Folio s 3 To present the Gager to take Oath within a moneth on penalty See Caâ—k Folio p 16 s 1 To leavy fines by warrant from Select-men See Cattle Folio p 19 s 6 To serve Warrants or Attachments tryable before a Magistrate See Causes Folio p 20 s 1 To obey the Warrants of three Commissioners in Towns ibid To obey and assist the Commissioners of Boston Folio s 3 To warn Freemen to chuse a Commissioner in making Rates see Charges Publick Folio p 23 s 3 To collect Country Rates and pay
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
or publick service ibid None to be compelled out of the Jurisdiction on an offensive but only on a defensive war ibid No mans Cattle or Goods to be pressed but by Warrant grounded on some Act of General Court and to be paid hire for them and reparation in case of damage ibid Imprisonment No Bail or Main-prize to be taken for Capital cases or Contempt in open Court Folio p 74. Indians Right of Land declared Folio 74.1 Reduced to civility to have Alotments among the English ibid Civilized a competent number so as to be capable of a Township on Petition to the General Court shall have Lands set out ibid Shall have relief in any Court against the English doing injury to them in their planting Grounds c. ibid No person to give barter or sell any Arms or Amunition to them on penalty s. 2. None of any forreign Nation or English to Trade with them in this Jurisdict Folio p. 75. s. 3 Any person in this Jurisdiction may seize on Vessels or Goods in trading with them ib None directly or indirectly to Trade with them but such as are allowed on penalty Folio s. 4. Encouragement to the Informer ibid None to give or sell Liquor to them on penalty ibid. s. 5. unless in sickness Folio s. 6. All Trading houses not allowed to be demolished ibid. s. 5. None to sell any Vessel to them on penalty ibid. s. 6. The Laws in force among us to be published to them in subjection to us once a year Folio 77.8 Powaws forbidden on penalty ibid. s. 10 Any person may seize any of them having Liquors and deliver both to the Constable ibid. s. 11. Trade with them for Peltry and Amunition to be allowed by the Treasurer Folio 78.12 Every allowed Trader to pay for his License to the Treasurer ibid. To give a true accompt ibid. The Law touching Trade with them to be only during the Courts pleasure ibid Indictments No Indictments Complaint or Presentment of force if not made within one year after the offence except in Capital cases and Fellonies above 10. s. wherein persons damnified to have their remedy according to Law Folio p. 79 Inkeepers Every one to pay for draught of Beer Cyder c. see Imposts Folio 69.4 To give accompt once a moneth on penalty of forfeiture of their License or otherwise ibid None may be a common Victualler or sell Wine c. by retail without approbation of Select men and license of County Court on penalty see Inkeepers Folio 79.1 Merchants of Wine and Stillers c may retail Wine Liquors c. ibid Every one to have a Sign within 3 months after license granted on penalty ibid To be alwayes provided with good Beer as the Law provides on penalty Folio p. 80 To put no Molosses in Beer Retailed on penalty Folio 80.2 Not to suffer any to be Drunk or to drink excessively on penalty ibid. s. 3 That shall conceal in his House any person Drunk or not make stay of him till a Constable come the penalty ibid Whom they may entertain in the night season Folio 81. 6. Their Licenses forfeitable in case Folio 82. 9. To provide for Strangers Horses on penalty Folio 82. 10 To pay 50. s. per Butt for what Wine they draw and to accompt with the Treasurer every 6 moneths ibid. s. 11. To pay such Imposts on Wines to the content of the Treasurer ibid To pay no Impost for what Wines they sell by the Quarter-cask ibid To clear their Houses in Lecture times on penalty Folio 83. 12 Their Licenses to be renewed yearly ib. s. 15 Permitting wanton and rude singing in their Houses the penalty Folio 84. 17 Entertaining persons forbidden by the Select men the penalty Folio 85. 19 May not arrest attach c. any Saylor for Debt in case see Saylors Folio p. 134 Drunkenness Indians found Drunk refusing to confess where they had their drink to be Imprisoned see Indians Folio 11. 77 Indians accusation of any person felling him drink shall be valid against the person except he shall purge himself by Oath ibid Every Indian Drunk to pay 10. s. or be whipt ibid Every other person Drunk to pay the penalty see Inkeepers Folio 80. 4 For excessive drinking the penalty ibid Tiplers Tipling above half an hour or at unseasonable times or after 9 of the clock the penal ib No Merchant Cooper c. that keep wines to suffer any to drink to excess or be drunk on penalty Folio 81. 7 No Retailer of strong waters or private house-keeper to permit any to tipple in their houses on penalty Folio 82. 8. Retailars of strong waters to pay 2. d. the quart Folio 82. 11. None to Still or Retail strong waters without license on penalty Folio 83. 16. Strong liquors in Cases not prohibited to be sold ibid Every person confessing his offence against this Law his testimony good against others Folio 83. 13 Wanton and rude singing in publick houses penalty and all present equally guilty in case Folio 84. 7 Any person that shall keep a house of Entertainment without license had and reniewed according to Law the penalty Folio 84. 18 The penalty for any persons frequenting Ale houses when forbiden by Select men Folio s. 19 Iudgements Executions When to be Entred and when not see Attachments Folio 7. 1. Acknowledged before two Magistrates and Clerk good in Law see Courts Folio 34. 7 To be given by inferiour Courts upon the resolution of the General Court in difficult cases Folio 38. 11 Any Sale Alienation or Assignment of a Judgement void in Law see Iudgem Folio p. 85. Every Judgement given against any person to be Recorded in a book see Records Folio 129. 1. Executions Not to be granted till 12 hours after Judgement but by special Order see Appeal Folio 3. 1 Respited in case see Attachments Folio 7. 2 Every sale of Executions void in Law see Iudgements Folio p. 85 A person dying before Execution upon Judgement is taken out or before satisfaction received may be reniewed by Eecutors or Administrators see Iudgements Folio p. 86 To be levied by Maishals see Marsh Folio 102. 2. In civil Actions void if not served within a Moneth after Judgement except the Court respit see sureties Folio p 144 Iurors Grand-jurors to Present Excess in Apparel see Apparel Folio p. 5 Taylors in case see Additions to the Law ib. Neglect of Towns precuring an able Ministry see Ecclesiastical Folio 40. 19 The breach of the Law tit Indians Folio 75. 5 Grand Iury and Iury for Tryals To be Summoned for County Courts out of their own County see Courts ib. s. 7 No Jurors to be summoned from Salem to Iâ—swich nor Ä— contra ibid To attend Courts adjournments at the time appointed see Courts Adjournment Folio p 38 Iurors At Court af Assistants to be chosen out of Suffolk and Middlesex see Iuries Folio 86. 1. Jurors sworn to judge of matter of fact and costs the Bench of matter of
publick Houses Folio 84. 17 May commit any that keep a House of Entertainment without license in case Folio s. 18 May punish any found in publick Houses prohibited by Select men Folio 85. 19 May Summon a person to answer a Crime see Iurors Folio 87. 6. May give an Oath to proovers of Leather see Leather Folio 89. 3 May give Oath to Searchers and Sealers of Leather ibid. s. 4 May punish Lying see Lying Folio p. 1 May punish Seamen deserting their Voyage see Maritime Folio 99. 22. May allow of a Motion to Marriage in case see Marriage Folio 101. 3 May commit to Prison any attempting Marriage in case ibid May joyn persons in Marriage Folio 102. 5 May not joyn or suffer any to joyn themselves in marriage before publication ibid May press men boates to pursue Runnawaies c. See Masters Folio 104. 3 May punish Malsters in case see Malt Folio 106. 1 May committ a disorderly Souldier to prison in case see Military Folio p. 108. May by Warrant seize the estate of any transporting our Coyn see Money Folio 118. 2. May give the Oath of Fidelity to Inhabitants and Strangers see Oaths Folio 119. 2 May give Oath to cullers of Staves see Pipe-staves Folio p. 12â— May commit Runawaies to the house of Correction see Prison Folio 127. 3. May give an Oath to a prisoner not worth five pounds Folio p. 128. 5 To keep a Record of all Judgements granted by him against any see Records Folio 129. â— May fine any newly married not returning their names to Clerk of Writts Folio 130. 2 May fine any defacing Records ibid May punish Sabbath breakers see Sabbath Folio 132. 1 Or any drinking in Ordinaries after Sun set ibid. 1. 2. May punish doing servile work on the Sabbath ibid. s. 4 Governour or Deputy Governour may appoint Surveyors of Ships to be built see Ships Folio 138. 1 Governour or Deputy Governour may take order about Strangers see Strangers Folio p. 143 May allow a Stranger to reside in a Town ib May punish Cursers and Swearers see Swearing Folio p. 144 145 May punish and dispose of Vagabonds See Vagabonds Folio p. 15â— May fine any neglecting Watches see Watches Folio 154. 1 May take the Testimony of a person of 14. years of age see Witnesses Folio 158. 2 Man-slaughter Any person that shall kill another in the defence of himself or another c. shall be blameless Folio p. 92. Maritime Laws The major part of Owners of Vessels agreeing in setting them forth the minor part Owners concluded therein Folio 93. 1 Any Owner refusing or by absence cannot fit forth his part the Master may take up on Bottomary ibid An Owner of Ship or Vessel not assenting to let such Vessel must manifest it by protest c. ibid. s. 2 When Protests in such cases valid ibid No Voyage to be hindred by such protest ib. How the Dissenters part is to be secured ib Owners of Vessels living in several Countries how far the Master may act on their parts Folio 94. 3. Masters or Mates non attendance aboard the penalty ibid. s. 4 Masters agreement with their men for wages to be entred in a Book with their mens hands thereto on penalty ibid. s 5 Masters to make due provision for Seamen and Passengers on penalty Folio 95. 6. No Master to ship any Seaman shipt by another before on penalty ibid. s. 7 No Seaman to ship himself with any man till cleared by the first imployer on penalty ibid No Master to put into any Harbour in his voyage except necessitated c. on penalty Folio s. 8. Masters may alter their voyage in case Folio s. 9. Masters to pay mariners their wages on penaity Folio 96. 10 Damage on goods aboard how to be made good in case Folio s. 11. No Master of a vessell to more neer him that was first mored on penalty ibid. s. 12 Any Master under sail running aboard a Ship at anchor to pay all damage Folio 97. 13. How goods thrown over-board to be made good Folio s. 14 A Vessell giving over her voyage through insufficiency the charge of Lading unlading by whom to be paid ibid. s. 15. Goods damaged at Sea by negligence to be made good by master mariners ib. â— 16 Damage done by one Ship on another by breaking loose how to be made good Folio 98. Marriners absenting themselves from their Ship the penalty ibid. s. 18. Marriners causing disturbance in a Ship to the prejudice of the voyage how punished ib. s. 19 Any person undertaking to be a Pilot c. and found insufficient his penalty ibid. s. 20. Marriners to keep watch at Sea and in Harbour on penalty Folio 99. 21. Marriners deserting their Voyage punishable in case ibid. s. 22 Marriners having received their Wages and deserting the Ship to be pursued as Runawayes ibid. s. 23 Marriners entertaining persons on board without leave the penalty ibid. s. 24 Outrage by Marriners on the Master how punished Folio 100. 25 Marriners in distress at Sea not to leave the Ship if no peril of life ibid. s. 26 Marriners in case of Shipwrack to endeavour the saving what may be and to have recompence if neglected the penalty ibid. s. 27 Marriage No man to strike his wife or woman her husband on penalty Folio 101. 1 No person to be joyned in marriage before Publication ibid. s. 2 The manner of Publication ibid Any person making motion to marriage without consent of Parents c. the penalty ibid. s. 3 No married person whose Husband or Wife is in other Countries may reside here in Case on penalty ibid. s. 4. None may joyn persons in marriage but a Magistrate or other persons appointed Folio 102. 5. None may joyn themselves in marriage but before such that after Publication ib. No Man may marry his first wives natural sister ibid. s. 6. Every new married person to give in his name to the Clerk of Writts on penalty see Records Folio 130. 2 Marshalls their Office and Power To obey the Warrant of one Magistrate see Breach of peace Folio 11. 2 May require aid in case ibid To serve Warrants or Attachments for cases tryable before one Magistrate see Causes Folio 20. 1 To assist and obey the Commissioners of Boston Folio 21. 3. To levy fines imposed by Court see fines Folio p. 51 may Attach and Imprison persons till fines are paid ibid By Warrant from a Magistrate to apprehend deniers of Scripture see Heresie Folio 59. 2. To Collect fines c. by Warrant from the Treasurer on penalty see Marshalls s. 1. Treasurer Folio 151. 4 To Levy Executions on penalty ibid. s. 2. To make Returns of Executions to Clerks in two months on penalty ibid. To serve all Attachments directed to them and make return to the Clerks of Courts Folio 103. 3. No Marshal to be a Clerk or Recorder of a Court ibid Marshalls fees ibid. s. 4 Additional fees in case ibid Marshall Generals fees ibid. s.
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
him Forreign Plaintiffs to put in security 1. And it is further Ordered that in all Attachments of Goods and Chattels or of Lands and Hereditaments legal notice shall be given to the party or left in writing at his house or place of usual abode otherwise the suit shall not proceed notwithstanding if he be out of this Jurisdiction the cause shall then proceed to tryal Execution respited but Judgement shall not be entred before the next Court and if the Defendant do not then appear Judgement shall be entred but Execution shall not be granted before the Plaintiff hath given security to be responsal to the Defendant if he shall reverse the Judgement within one year or such further time as the Court shall limit 2. And it is hereby Declared that no Summons Pleading Judgement L. 1. p. 49. or any kinde of proceeding in Courts or course of justice shall be abated arrested or reversed upon any kinde of circumstantial errours or mistakes Circumstantiall errours if the person and cause be rightly understood and intended by the Court. And in all Cases where the first Summons are not served six dayes inclusively before the Court and the Case briefly specified in the Warrant Summons to be served six dâ—yoâ— before the Court where appearance is to be made by the party Summoned it shall be at his liberty whether he will appear or not except all cases that are to be handled in Court suddenly called on extraordinary occasion 3. And whereas Suits at Law A. 51. p. 1 In whose name to take out precess many times such as do prosecute the same in their own name in procuring the process intend and do declare in the name and on the behalf of others viz. as Executors Administrators Assignes Atturnies Guardians Agents or the like which is not only improper but tendeth also to uncertainty for prevention whereof It is Ordered That henceforth the Original process whether Summons or Attachments shall express in whose name the Plaintiff sueth whether in his own name or as Executor of the last Will and Testament of such a man or Administrator of the Goods and Chattels of such a man or Assigne Atturney Guardian or Agent of such a man or the like or otherwayes if exception be taken before the parties joyn issue it shall be good and the Plaintiff shall be liable to pay cost 1641. 44. 47. 51. Marshalls may serve Attachments VVHereas it hath been commonly practised that Attachments have been directed to the Marshall to be served in any Town under the Jurisdiction of that Court whereof the Marshall is Officer notwithstanding the Law doth Order that all Attachments shall be directed to the Constable in such Towns where no Marshall dwells Marshalls may serve Attachments It is hereby Ordered and Declared That the said Custome shall be accounted legal and shall not abate the Proceeding or Tryal of any Cause Provided no more Costs be charged on the Defendant then by Law are due to Constables for serving Attachments 1662 BAKERS IT is Ordered by this Court and Authority thereof That henceforth every Baker shall have a distinct mark for his Bread and keep the true Assizes as hereafter is expressed viz. when Wheat is ordinarily sold for money at these several Rates hereafter mentioned the penny white loaf by averdupois weight when Wheat is by the bushel at 3 s. 0 d. the white 11 ounces 1 qr wheat 17 ounces 1 qr houshold 23 ounc 0. at 3 6 10 1 15 1 20 2. Weight of Bread at 4 0 09 1 14 0 18 2. at 4 6 08 1 11 3 16 2. at 5 0 07 3 11 2 15 2. at 5 6 07 0 10 2 14 0. at 6 0 06 2 10 0 13 0. at 6 6 06 0 09 2 12 2. And so proportionably under the penalty of forfeiting all such Bread as shall not be of the several Assizes aforementioned to the use of the poor of the Town where the offence is committed and otherwise as is hereafter expressed and for the better execution of this present Order there shall be in every Market Town Clerk of the Market and all other Towns needfull one or two able persons annually chosen by each Town who shall be sworn at the next County Court or by the next Magistrate unto the faithful discharge of his or their Office who are hereby Authorized to enter into all houses either with a Constable or without Their power where they shall suspect or be informed of any Bread baked for sale and also to weigh the said Bread as oft as they see cause and seize all such as they finde defective As also to weigh all Butter made up for sale and brought unto or being in the Town or Market to be sold by weight which if found light after notice once given shâ—ll be forfeited in like manner The like penalty shall be for not marking all Bread made for sale A. 52. p. 8. And the said Officer shall have one third part of all forfeitures for his pains the rest to the poor as aforesaid 1646. 2. Whereas it appears to this Court that there is much deceit used by some Bakers and others who when the Clerk of the Market cometh to weigh their Bread pretend they have none but for their own use and yet afterward put their Bread to sale which upon tryal hath been found too light for prevention of such abuses for time to come It is Ordered that all persons within this Jurisdiction who shall usually sell Bread within doors or without shall at all times hereafter To prevent deceit in Bakers have all their Bread that they either put to sale or spend in their families made of the due Assizes marked and yielded to tryal of the said Clerk as is directed in the Order aforesaid under the penalty therein exprest 1652. BALLAST IT is Ordered by this Court and the Authority thereof That no Ballast shall be taken from any Town shore by any person whatsoever Ballast not to be taken without leave without allowance under the hands of the Select men upon the penalty of six pence for every shovel full so taken unless such stones as they had laid there before It is also Ordered That no Ship nor other Vessel shall cast out any Ballast in the Channel or other place inconvenient in any Harbour within this Jurisdiction upon the penalty of ten pounds nor cast into the Channel 1646. BARRATRY IT is Ordered and Decreed and by this Court Declared That if any man be proved and judged a common Barrater vexing others with unjust Barratry frequent and endless suits it shall be in the power of the Court both to reject his Cause and to punish him for his Barratry 1641. BENEVOLENCE IT is Ordered That this Court hereafter will grant no Benevolence except in forreign occasions and when there is Money in the Treasury sufficient and our debts first satisfied 1641. It is Ordered by this
Court and the Authority thereof that all Gifts and Legacies given and bequeathed to the Colledge Gifts and Legacies to be faithfully disposed of Schools of Learning or any other Publick use shall be truely and faithfully disposed of according to the true and declared intent of the Donors And all and every Person or Persons betrusted to receive or improve any such Guifts or Legacies shall be liable from time to time to give account of their disposal and management thereof to the County Court of that Shire where they dwell and where such Estate shall lye who are hereby impowred to require the same where need shall be and to appoint Feoffes of trust to settle and manage the same according to the will of the Donors BILLS IT is Ordered by the Authority of this Court That any debt or debts due upon bill or other specialty assigned to another Bills Assigned good debt to the Assignee shall be as good a debt and estate to the Assignee as it was to the Assigner at the time of its assignation And that it shall be lawfull for the said Assignee to sue for and recover the said debt due upon bill and so assigned as fully as the originall Creditor might have done Provided the said Assignement be made upon the back-side of the bill or specialty 1647. BOND-SLAVERY IT is Ordered by this Court and the Authority thereof That there shall never be any Bondslavery No Bond-slavery Villenage or Captivity amongst us unless it be lawful Captives taken in just Wars as willingly sell themselves or are sold to us and such shall have the liberties and Christian usage which the Law of God established in Israel concerning such persons doth morally require Provided this exempts none from servitude who shall be judged thereto by Authority 1641. Bounds of Towns and Persons FOrasmuch as the Bounds of Towns and of the Lands of particular persons are carefully to be maintained and not without great danger to be removed by any which notwithstanding by deficiency and decay of marks may at unawares be done whereby great jealousies of persons trouble in Towns and incumbrances in Courts do often arise which by due care and means might be prevented Town Bounds to be laid out once in one year It is therefore Ordered by this Court and the Authority thereof that every Town shall set out their Bounds within twelve months after their Bounds are granted and that when their Bounds are once set out once in three years three or more persons of a Town appointed by the Select men To be surveyed within 3 year shall appoint with the adjacent Towns to go the Bounds betwixt their said Townes and renew their marks which marks shall be a great heap of stones or a Trench of six foot long and two foot broad the most ancient Town to give notice of the time and place of meeting for this perambulation which time shall be in the first or second month upon pain of five pounds for every Town that shall neglect the same Provided that the three men appointed for perambulation shall go in their several quarters by order of the Select men and at the charge of the several Towns Particular persons bounds to be surveyed once a year 2. And it is further Ordered that if any particular proprietor of Lands lying in common with others shall refuse to go the Bounds betwixt his Land and other mens once a Year in the first or second month being requested thereunto upon one weeks warning he shall forfeit for every day so neglecting ten shillings half to the party moving thereto the other half to the Town 1651. BREWERS TO the end no other but good and wholsome Beer be Brewed at any time in this Jurisdiction to be sold for the supply of Ship or other Vessels at Sea and that no oppression or wrong be done to any in this Mystery It is Ordered by this Court and the Authority thereof That no person whatsoever shall henceforth undertake the calling or work of Brewing Beer for sale but only such as are known to have sufficient skill and knowledge in the Art or Mystery of a Brewer Brewers to maâ—â— satisfaction for bad Beer And it is further Ordered that if any undertaker for victualling of Ships or other Vessels or Master or owner of any such Vessel or any other person shall make it appear that any Beer bought of any person within this Jurisdiction doth prove unfit unwholsome and unseless for their supply either through the insufficiency of the Mault or Brewing or unwholsome Cask the person wronged thereby shall be and is hereby enabled to recover equal and sufficient damage by Action against the person that put that Beer to Sale Breach of the Peace FOr the better preserving of Peace and every mans Liberty and Safety in this Jurisdiction Breach of Peâ—â—â— and to the end that all Fighting and Quarrelling and Disturbance may be avoided It is by this Court Ordered and by the Authority thereof Enacted that no person shall beat hurt or strike any other person upon penalty of paying to the party stricken by fine to the County where the Offence is committed or both such sum or sums as the County Court Magistrate Commissioner or Associate that take cognizance thereof shall determine and because in this case several circumstances may alter the degree of the offence as who do smite who is smitten with what Instrument the danger of the wound more or less time place and provocation and other the like it is left to the discretion of the Judges aforesaid upon hearing and consideration to impose such penalty or penalties as in their discretion shall seem just equal and proportionable to the merit of the offence Judgement for Title of House or Land Judgement for Title of House or Land IT is Declared and Ordered by this Court and the Authority thereof That where a Judgement is given in any Court for any person of House or Land upon the trial of the Title thereof if the person against whom the Judgement is given doth either forcibly keep possession thereof still after execution served or enter upon it again and so retain possession by force he shall be counted a high offender against the Law and breaker of the publick peace therefore speedily to redress such a criminal offence every Magistrate is impowred and by his place hath power to give warrant and command to the Marshall Officers and other men whom he thinks meet to be imployed in the business the Marshall also requiring aid greater or lesser as need requires and suppress the force and give possession to the owner and to imprison such as do appear to be Delinquents and their aiders and abettors to be forth coming at the next Court that did give the Judgement in the case there to make their Answer and whom the Court doth finde guilty to set such fine or other punishment upon them as the merit of their several
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
of the peace in the said Town Their Commission shall be from time to time under the hand of the Secretary of the General Court Officers required to assist the Commissioners And also all Marshalls Constables and other Inhabitants respectively are required to be aiding and assisting our Commissioners aforesaid in this behalf And that no person may be discouraged or damnified by this Commission It shall be lawful for any person to Appeal from the Sentence of all or any of them to the Court of Assistants 1651. 4. And because the Commissioners in the the several Towns have Power of Judicature A. 4. P. 2. the exercise whereof is of great concernment both to Towns and Country None to be Commissioner but such as are approved It is therefore Ordered that henceforth there shall be none admitted to be a Commissioner for any Town in this Jurisdiction but such whose conversation is inoffensive and whose fidelity to the Country is sufficiently known and approved of by the County Court of that Shire 1654. Charges Publick None to be imployed in publick service at their own charge IT is Ordered by this Court and the Authority thereof That no Governour Deputy Governour Assistant Associate Grand or Petty Jury man at any Court nor any Deputy for the General Court nor any Commissioners for Military Discipline at the time of their publick meetings shall at any time bear his own charges but their necessary expences shall be defrayed either by the Town or the Shire on whose service they are or by the Country in general 1631. 41. 2. The Court considering the necessity of an equal Contribution to all common charges in Towns Every Inhabitant to pay to all charges in Church and Common-wealth Doth Order That every Inhabitant shall Contribute to all Charges both in Church and Common-wealth whereof he doth or may receive benefit And every such Inhabitant who shall not Contribute proportionably to his ability to all common Charges both Civil and Ecclesiastical shall be compelled thereunto by Assessment and Distress to be levied by the Constable or other Officer of the Town and the Lands and Estates of all men wherein they dwell shall be Rated for all Town charges both Civil and Ecclesiastical as aforesaid where the Lands and Estates shall lye Lands Estates to pay-where they lye and their persons where they dwell 3. For a more equal and ready way of raising means for defraying the publick charges and for preventing such inconveniences as have fallen out upon former Assessments Country Rate It is Ordered and Enacted by the Authority of this Court That the Treasurer for the time being shall from year to year in the fifth Month without expecting any other Order Treasurers warrant to the Constable send his warrants to the Constable and Select Men of every Town within this Jurisdiction requiring the Constable to call together the Inhabitants of the Town who being so assembled shall chuse some one of their Freemen to be a Commissioner for the Town who together with the Select men for their prudential affairs shall some time in the sixth Month then next ensueing Persons estates to be valued in the sixth month make a List of all the Male persons in the same Town from sixteen years old and upwards and a true estimation of all personal and real estates being or reputed to be the estate of all and every the persons in the same Town or otherwise under their custody or managing according to just valuation and to what persons the same do belong whether in their own Town or elsewhere so near as they can by all lawful means which they may use viz. of Houses Lands of all sorts as well broken up as other except such as doth or shall lye common for free feed of Cattle to the use of the Inhabitants in general whether belonging to Towns or particular Persons but not to be kept or hearded upon to the damage of the Proprietors Mills Ships and all small Vessels Merchantable Goods Cranes Wharfs and all sorts of Cattle and all other known Estate whatsoever either at Sea or on Shore all which Persons and Estates are by the said Commissioners and Select men to be assessed and rated as here followeth viz. every Person aforesaid except Magistrates and Elders of Churches one shilling and eight pence by the head and all Estates both real and personal Persons at 1. s. 8 d. per head at one penny for every twenty shillings according to the Rates of Cattle hereafter mentioned Estates at one pâ—nny per pound The Estates of all Merchants Shop-keepers and Factors A. 51. p. 1. shall be Assessed by the Rule of common estimation according to the Will and Doom of the Assessors having regard to their Stock and Estate Merchants rated by will doom be it presented to view or not in whose hands soever it be and if any such Merchants finde themselves over valued if they can make it appear to the Assessors A. 57. p. 23. they are to be eased by them if not by the next County Court Rate of house lands And Houses and Land of all sorts except as aforesaid shall be rated at an equal and indifferent value according to their worth in the Towns and Places where they lye Also every Bull and Cow of four years old and upward at three pounds Heifers and Steers between three and four years old at fifty shillings Rate of Cattle and between two and three years old at forty shillings and between one and two at twenty shillings and every Oxe of four years old and upward at five pounds every Horse and Mare of three years old and upward five pounds between two and three at three pounds of one year old and upwards at thirty shillings every Ewe sheep above one year old at ten shillings every Goat above a year old at eight shillings every Weather sheep above one year old at ten shillings every Swine above one year old at twenty shillings Every Asse above one year old at forty shillings And all Cattle of all sorts under a year old are hereby exempted as also all Hay and Corn in the Husbandmans hand because all Meadow arable Ground and Cattle are Rateable as aforesaid And for all such persons as by the advantage of their Arts and Trades are more enabled to help bear the publick charge then common labourers and Workmen Artificers and Handicrafts Rated as Butchers Bakers Brewers Victuallers Smiths Carpenters Taylors Shoomakers Joyners Barbers Millers and Masons with all other manual persons and Artists such are to be rated for returns and gaines Impotant persons exempted proportionable unto other men for the produce of their Estates Provided that in the Rate by the Poll such persons as are disabled by sickness lameness or other infirmity shall be exempted And for such Servants and Children as take not wages their Parents and Masters shall pay for them
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
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
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
Magistrates and Ministers seeking to turn the People from the Faith and gain Proselites to their pernicious wares The Court considering the premises and to prevent the like mischief as by their means is wrought in our Native Land Doth hereby Order and by the Authority of this Court be it Ordered and Enacted That no Master or Commander of any Ship Barque Pinnace Not to be brought into this Jurisdiction by any Master of ship on penalâ—y of 100 pounds Ketch or other Vessel shall henceforth bring into any Harbour Greek or Cove within this Jurisdiction any known Quaker or Quakers or any other Blasphemous Hereticks as aforesaid upon the penalty of the forfeiture of one hundred pounds to be forthwith paid to the Treasurer of the Country except it appeareth that such Master wanted true notice or information that they were such and in that case he may clear himself by his Oath when sufficient proof to the contrary is wanting And for default of payment of the said fine of one hundred pounds or good security for the same such Master shall be committed to prison by warrant from any Magistrate there to continue till the said fine be satisfied to the Treasurer as aforesaid Masters that bring in Quakers must carry them back And the Master or Commander of any such Ship or Vessel that shal bring them being legally convicted shall give in sufficient security to the Governour or any one or more of the Magistrates to carry them back to the place whence he brought them and on his refusal so to do the Governour or the said Magistrate or Magistrates shall commit such Master or Commander to prison there to continue till he shall give in sufficient security to the content of the Governour or said Magistrates And if any person or persons within this Jurisdiction shall henceforth entertain and conceal any such Quaker or Quakers or other Blasphemous Hereticks knowing them to be such every such person shall forfeit to the Country forty shillings for every hours entertainment and concealment of any Quaker or Quakers A. 57. p. 26. c. as aforesaid and shall be committed to prison as aforesaid till the fines be fully satisfied and paid 5. And every person or persons A. 58. that shall incourage or defend any of their pernicious wayes by speaking writeing or meeting on the Lords day or at any other time Incouragers of Quakers their penalty shall after due means of conviction incur the penalty insueing viz. every person so meeting shall pay to the use of the Country for every time ten shillings and every one speaking in such meeting shall forfeit five pounds Dispersing Quaker Books 6. If any person shall knowingly import into any Harbour of this Jurisdiction any Quakers Books or Writeings concerning their damnable Opinions he shall forfeit for every such Book or Writeing five pounds and whosoever shall disperse or conceal any such Book or Writeing and it be found with him or her or in his or her House and shall not immediately deliver the same to the next Magistrate penalty 5 pounds shall forfeit and pay five pounds for dispersing or concealing every such Book or Writing Reviling of Magistrates or Ministers 7. And every person or persons whatsoever that shall revile the Office or person of Magistrates or Ministers as is usual with the Quakers such person or persons shall be severely whipt or pay the sum of five pounds 8. And every person that shall publish and maintaine any Hetrodox or erronious Doctrine A. 53. p. 19. Publishers of Errors shall be liable to be Questioned and Censured by the County Court where he liveth according to the merit of his Offence 9. Whereas there is a pernicious Sect commonly called Quakers A. 58. lately arisen who by Word and Writeing have published and maintained many dangerous and horrid Tenents and do take upon them to change and alter the received laudable customes of our Nation in giving civil respect to equals or reverence to Superiours whose Actions tend to undermine the Authority of Civil Govornment as also to destroy the Order of the Churches by denying all established forms of Worship and by withdrawing from the Orderly Church Assemblies allowed and approved by all Orthodox Professors of the Truth and instead thereof and opposition thereunto frequenting private meetings of their own insinuating themselves into the minds of the simpler or such as are less affected to the Order and Government of the Church and Common-wealth whereby divers of our Inhabitants have been infected and seduced notwithstanding all former Laws made upon experience of their arrogant bold obtrusions to disseminate their Principles amongst us prohibiting their comeing into this Jurisdiction they have not been deterred from their impetuous Attempts to undermine our peace and hasten our ruine Quakers to be Apprehended For prevention thereof This Court doth Order and Enact that every person or persons of the cursed Sect of the Quakers who is not an Inhabitant of but found within this Jurisdiction shall be Apprehended without Warrant where no Magistrate is at hand by any Constable Commissioner or Select Man and conveyed from Constable to Constable until they come before the next Magistrate who shall commit the said person or persons to close Prison Imprisoned there to remain without Baile until the next Court of Assistants where they shall have a legal trial by a special Jury and being convicted to be of the Sect of the Quakers shall be sentenced to Banishment upon pain of Death Banished on pain of death And that every Inhabitant of this Jurisdiction being convicted to be of the aforesaid Sect either by taking up publishing and defending the horrid Opinions of the Quakers or by stirring up Mutiny Qualification of Quakers Sedition or Rebellion against the Government or by taking up their absurd and destructive practises viz. denying civil respect and reverence to Equals and Superiours withdrawing from our Church Assemblies and instead thereof frequenting private meetings of their own in opposition to Church Order or by adhering to or approving of any known Quakers that are opposite to the Orthodox received Opinions and Practises of the Godly and endeavouring to disaffect others to Civil Government and Church Order and condemning the practise and proceedings of this Court against the Quakers manifesting thereby compliance with those whose design is to ouerthrow the Order established in Church and Common-wealth Every such person upon examination and legal conviction before the Court of Assistants in manner as aforesaid shall be committed to close prison for one Month and then unless they chuse voluntarily to depart the Jurisdiction shall give Bond for their good Abbearance and appearance at the next Court of Assistants where continuing obstinate and refusing to retract and reform the aforesaid Opinions and Practises shall be sentenced to Banishment upon pain of Death And in case of the aforesaid voluntary departure not to remain or again to return into
Sect. 11. the three chief Military Officers in each Town except Boston together with the Magistrates or Deputies thereof are appointed a Committy of Militia for such Towns without mentioning the Officers of the Horse to be of that Committy This Court doth Declare That the Commission Officers of the Horse in the Town where they dwell shall be added thereto Committy of Militia and hereby are appointed and impowered to be of the Committy of Militia for such Towns where they dwell Any Law or Custome to the contrary notwithstanding 1664. Military Watches how set 12. It is Ordered That the Military Watches shall be set by beat of Drum half an hour after Sun set by the Military Officers in such places as they shall judge most convenient and shall be Ordered and Disposed by their command and direction And if any man shall shoot off a Gun after the Watch is set except in case of Alarm he shall forfeit fortyÌ„ shillings The said Watch or Sentinels being set shall examine all persons that shall come within their Watch or Round Instruction and duty of Sentinels and all they suspect they shall carry to their Guard there to be kept till morning and before they be dismissed they shall carry them to their chief Officer to be examined and proceeded with according to law And if the Sentinel or Watch shall meet with such persons as shall be too strong for them or by their carriage shall give just cause of suspition or will not submit to their command or if they shall either draw upon them or offer any such affront in Words or Actions as shall put them in fear or hazzard of their lives they shall discharge upon them and retire with speed to the Guard and raise an Alarm Provided alwayes that in time of peace when the Council of War or the chief Officers of the Company shall not apprehend present danger by the nearness of an Enemy it shall not be in the liberty of any Sentinel to hazzard the killing of any person except in his own necessary defence but if the cause require it he shall retire to the Guard and raise an Alarm by discharging his Musquet and crying Arm Arm which shall be taken for an Alarm by the Souldiers of that Town What shall be taken for an Alarm and if there appear danger to the chief Officer he shall either strengthen his Guard or give a general Alarm which shall be either the distinct discharge of three Musquets or the continued beat of the Drum or firing a Beacon or the discharge of a piece of Ordnance and two Musquets after it Not answering the Alarm penalty 5 li. any of which in the night shall be accounted a general Alarm which every Souldier is immediately to answer by repairing Armed to his Colours or Court of Guard upon the penalty of five pounds Smiths to repair Arms 13. And upon any expedition upon occasion of any Enemy or any present Military Service to be done all Smiths and other needful workmen shall immediately repair such Arms and other Necessaries as shall be brought unto them for that end for which they shall not refuse such pay as the Country affords Penalty upon the penalty of five pounds for every such default and for such neglect at any other time more then ten dayes shall forfeit for every such offence ten shillings 14. The Surveyor General shall yearly give an account of the common stock of Powder and Amunition to the Council A. 56. p. 12. that the General Court being by them informed may out of the publick Treasury make a constant supply according to the need of the Country 15. Every Town shall be provided of a sufficient Watch house under the penalty of five pounds L. 2. p. 1. and shall also provide at their own charges a safe and convenient place to keep all such Powder and Amunition in as the chief Military Officer by Order of the General Court shall appoint under the penalty of ten pounds Towns to provide watch â—ous â—nd stock of Powder amunition And the Select men of every Town shall provide for every fifty Souldiers one Barrel of good Powder containing near one hundred pounds one hundred and fifty pounds of Musquet Bullets and eight and twenty pounds of good Match and after that proportion for every Company of Souldiers in number more or less which they shall carefully reniew from time to time as shall be needful under the penalty of fire pounds for the want of every Barrel of Powder one hundred and fifty pounds of Bullets and eight and twenty pounds of Match as before mentioned and the Select men of every Town as aforesaid are hereby Authorized to assess their Inhabitants for making the provisions aforesaid which shall remain as a Town-stook besides all other Provisions of that kinde 1649. 16. It is Ordered by this Court and the Authority thereof That no Troop of Horse within this Jurisdiction A. 56. p. 12. shall exceed the number of seaventy Listed Souldiers besides Officers Troop not exceed 70 to be under Majors command and that the Troops raised in the several Counties be under the Command of the Majors of the Regiment in the respective Counties and all priviledges formerly granted to incourage Troopers shall be continued except free Ferrage and free Commonage in divided and appropriate Commons A. 54 p. 1. A. 56. p. 12. And every Troop consisting of forty shall have liberty of Nomination of all Officers to be allowed and confirmed by the County Courts as the Foot Officers and the three chief Officers to have Commissions Troopers how to befurnished And every Trooper shall keep alwayes a good Horse and be well fitted with Saddle Bridle Holsters Pistols or Carbines and Swords under the penalty of ten shillings for every defect and having Listed his Horse shall not change or put him off without License from his Captain or chief Officer under the like penalty To exercise six dayes yearly And every Trooper shall attend six dayes exercise yearly at such time and place as shall be appointed by the chief Officer under the penalty of five shillings for every default to be leavied and distreined by the Clerk of the Troop who is hereby required to execute the place as the Clerks of the Foot Companies mutatis mutandis And because the Troopers living remote do often avoid their penalties or occasion much travail and charge to the Clerk to collect the same Clerk his fetâ— It is Ordered that the Clerks of the Troops for their charge and travail in leavying all fines shall be allowed the Fees of the Marshal to be by him leavied and distreined together with the fines Provided no such distress be made within one Month after the default that the parties may have liberty to present their excuses to the Officers who have power upon just cause to abate or remit the fines as the Officers of the
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-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
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
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
not disonabled by sickness or other infirmity the said Testimony so taken out of Court shall not be received or made use of in the Court except the witnesses be also present to be further Examined about it Provided also that in all Capital Cases all Witnesses shall be present wheresoever they dwell And in Capital Cases 3. And it is further Ordered by the Authority aforesaid That any person Summoned to appear as a Witness in any Civil Court between party and party Witness to have allowance for charges laid down shall not be compellable to travail to any Court or place where he is to give his Testimony except he who shall so Summon him shall lay down or give him satisfaction for his Travail Expences outward and homeward and for such time as he shall spend in attendance in such case when he is at such Court or place the Court shall Award due Recompence And it is Ordered that two shillings a day shall be accounted due satisfaction to any witness for Travail and Expences Two shillings a day and that when the witness dwelleth within three miles and is not at charge to pass over any other Ferry then betwixt Boston Charlstown then one shilling six pence per diem shall be accounted sufficient One shilling six pence a day and if any witness after such payment or satisfaction shall faile to appear to give his Testimony he shall be liable to pay the parties damages upon an action of the Case Witnes not appearing to pay damage And all Witnesses in Criminal Cases shall have suitable satisfaction payd by the Treasurer upon Warrant from the Court or Judge before whom the Case is tryed In Criminal Cases witnes to be paid by the Treasurer and levyed on the Delinquent And for a General Rule to be observed in all Criminal Cases both where the Fines are put in certain and also where they are otherwise It is further Ordered by the Authority aforesaid that the charges of witnesses in all such Cases shall be born by the parties delinquent and shall be added to the Fines imposed that so the Treasurer haveing upon Warrant from the Court or other Judge satisfied such Witnesses it may be repayed him with the fine that so the witnesses may be timely satisfied and the Country not damnified 1647. WOLVES VVHereas great Loss and Damage doth befall this Common-wealth by reason of Wolves which destroy great numbers of our Cattle notwithstanding provision formerly made by this Court for suppressing of them A. 48. therefore for the better incouragement of any to set about a work of so great concernmeÌ„t It is Ordered by this Court and the Authority thereof that any person either English or Indian that shall kill any Wolfe or Wolves Law about Wolves within ten miles of any Plantation in this Jurisdiction shall have for every Wolfe by him or them so killed ten shillings paid out of the Treasury of the Country Provided that due proof be made thereof unto the Plantation next adjoyning where such Wolfe or wolves were killed And also they bring a Certificate under some Magistrates hand or the Constable of that place unto the Treasurer Provided also that this Order doth intend onely such Plantations as do Contribute with us to publick charges and for such Plantations upon the River of Piscataway that do not joyn with us to carry on publick charges they shall make payment upon their own charge 1645. BEsides all other Considerations and Provisions for the destruction of Wolves It is Ordered by this Court and the Authority thereof That every such Indian or Indians as shall any way destroy any Wolfe or Wolves and deliver the Heads of such Wolves unto the Select men of any Township in this Jurisdiction shall receive of such Select men either two pounds of Powder and eight pounds of Shot or one pound of powder and four pounds of shot and five shillings in Corne or other pay or else they shall receive of the Country Treasurer Ten shillings a head and no powder and shot which such Indian shall chuse and such Select men as shall pay any Indian according to their order shall rebate it out of their next Country Rate with the Treasurer any Law or Custome to the contrary notwithstanding and all Select men or others that by virtue of this Order or any other shall make payment for any Wolves shall cut off the Eares of all such Wolves heads and cause them to be buried that so none may be twice paid for 1661. THis Court doth Order as an Encouragement to persons to destroy Wolves That henceforth every person killing any Wolfe shall be allowed out of the Treasury of that County where such Wolfe was Slain Twenty shillings and by the Town Ten shillings and by the Country Treasurer Ten shillings which the Constable of each Town on the sight of the eares of such Wolves being cut off shall pay out of the next Country Rate which the Treasurer shall allow 1662. WOOD. FOr the avoyding of Injuries by Carts and Boats to Seller and Buyers of Wood It is Ordered by this Court and the Authority thereof That where Wood is brought to any Town or House by Boat it shall be thus Accounted and Assized A Boat of four Tuns shall be accounted three Loads twelve Tuns nine Loads twenty Tun fifteen Loads six Tun four Load and halfe fourteen Tun ten Load and halfe twenty four Tun eighteen Load eight Tun six Load sixteen Tun twelve Load twenty eight Tun twenty one Load ten Tun seven Load and halfe eighteen Tun thirteen Load and halfe thirty Tun twenty two Load and halfe Except such Wood as shall be sold by the Cord which is and is hereby Declared to be Eight foot in length four scot in height and four foot broad 1646 1647. VVORKMEN BEcause the harrest of Hay Corn Hemp and Flax comes usually so neer together that much lâ—ss can hardly be avoyded It is therefore Ordered by the Authority of this Court That the Constables of every Town upon Requst made to them shall Require any Artificers or handy crafts men meet to Labour to work by the day for their Neighbours in mowing reaping of Corn and inning thereof Provided that those men whom they work for shall duely pay them for their work And that if any person so Required shall refuse or the Constable neglect his Office herein they shall Each of them pay to the use of the Poor of the Town double so much as such Dayes work comes unto Provided no Artificer or Handy-crafts-man shall be compelled to Work as aforesaid for others whiles he is necessarily attending on the like Busines of his owne 1646. VVRECKS OF THE SEA IT is Ordered Decreed and by this Court Declared That if any Ships or other Vessels be it Friend or Enemy shall suffer Ship wreck upon our Coasts there shall be no violence oâ— wrong offered to their Persons or Goods but their Persons shall be Harboured
power ibid. Have Magistratical power See Presidents Folio p. 166. Their Oath ibid. Attachments or Summons May be taken out against any person Folio p. 7. s 1. Not to be granted to a Forreigner in case ib. Of good c. persons to have legal notice ibid. To be served six dayes before the Court. Folio s. 2. Pleading c. not a bated how ibid. To express the case ibid. To express in what name the Plaintiffe sueth Folio p. 8. s. 3. May be served by Marshals Folio s. 4. Or their Deputies See form of Attachments in Presidents Folio p. 162. May be directed to Constables see Clerks of Writts Folio p. 29. s. 1. Or their Deputies see Presidents Folio p. 162. Not granted against Saylors in case see Saylors Folio p. 134. On Goods not freed till Execution be served see Sureties Folio p. 144. Form of Attachment and Summons and Bond See Presidents Folio p. 162. B Bakers TO have a distinct mark for Bread Folio p 8. s. 1 To make Bread of due assâ—ze on penalty ib To Assize all Bread used in their Houses on penalty Folio p. 9. s. 2. Ballast Not to be taken from any shore without leave on penalty Folio p. 9. Not to be cast into a channel c. on penalty ibid. Barratry What and how punished Folio p. 9. Benevolence When to be granted Folio p. 9. s. 1 To publick uses to be rightly improved ibid Bills Assigned good to the Assignee in case Folio p. 10. Pond-slavery Not allowed but servitude declared Folio p. 1â— Bounds of Towns and Persons To be laid out in twelve moneths after the Graunt Folio p. 10. s. 1. Marks once in three years to be reniewed when on penalty of neglect ibid Charges of perambulation how to be paid ibid. Particular Pounds to be viewed once a year on penalty Folio p. 10. s. 2 Brewers What persons to be allowed Folio p. 11 Penalty on sale of bad Beer ibid Breach of the Peace What the penalty who may punish the rules of punishment Folio p. 11. s. 1 Detainers of possession after Execution are breakers of the peace and Criminal offenders Folio s. 2 To be punished by the Court that gave Judgement ibid Bridges Defective by whom to be regulated Folio p. 12. s. 1 By whom the charge to be defrayed ibid. fee more Folio s. 3. Burglary and Theft What how punished Folio p 12 s 1 On the Lords day how punished ibid In Orchards c. how punished Folio p 13 s 2 Stealing â—0 s. and upward how punished Folio s 3 Concealers of Theft and taking private satisfaction the penalty ibid C Capital Laws SEE Folio p 14 15 Firing a Dwelling House c. see firing Folio p 51 s 2 Heresie Folio p 60 s 2 Quakers Folio p 61 s 9 Jesuites Folio p 67 Cask and Cooper Gager Packer Cask That are tight to be of London assize Folio p 16 s 1 Cask To be marked with the Gagers mark ibid. Cask That are defective forfeited to the informer ibid Cask Penalty to the Country besides ibid Coopers To have a distinct Brand-mark on penalty ibid Coopers To make all cask of good Timber c. and no other on penalty ib. Gager To Gage all cask for Liquor Beef c. and no other on penalty ibid Gager His Fees for Gaging ibid Packers To pack no Beef c. but in cask of full assize on penalty ibid Packers To see Meat Fish truly packed Folio s 2 Packers His Fees for Packing ibid p 17 Packers For viewing ibid Packers Fishor Flesh sold not marked forfeited ibid Coopersstaves See Pipestaves Cattle Corn-fields Fences Cattle that feed without a Keeper to be Branded Folio p 18 s 3 Not marked trespassing to pay double damage ibid Vnruly not to go without Fetters ibid Trespassing damage to be viewed by two of the Town and judged ibid Owners when known to pay the damage Rules to issue such damage the damage secured ibid Goats Found damage feizant to be secured ibid Doing trespass to any through their own default no damage to be paid ibid All harms by them the Owners to pay double damage Folio p 18 s 4 Corn-fields Lying in common to be fenced by the owners Folio p 17 s 1 No Cattle to be put in while Corn there ibid Who may determine differences about them ib Any Occupier may Fence in several Folio s 2 Partition Fences how to be made and ordered Folio p 19 s 7 Proviso for House-Lot under ten Acres ibid Where insufficient no damage except c. ibid Folio p 20. S 8 Cattle Damaging Indians Corn to be made good in case See Indians Folio p 76 s 7 Damage by Indians to be made good by them ibid p 77 Indians refusing to Fence help being tendred them shall have no damage ibid Indians who have Land given them or Purchased by them for Plantation to be fenced at their own charge ibid Charges Publick No person to be employed in publick service at their own charge Folio p 22 s 1 Every Inhabitant to bear publick charge in Church and Common-weal Folio s 2 Any not paying their full proportion compellable thereunto ibid Country Rates Lands and Estates Ratable where they lye persons where they dwell ibid To be leavied by Warrant from the Treasurer Folio P 23 S 3 To be made in the sixth moneth ibid Who and what is ratable ibid Rules for Assessments ibid To be paid where persons are Assessed ibid To be paid in Corn at price set by the General Court or Commissioners mentioned Folio p 4 s 6 What is meant by publ assessment ibid. p 25 Goods tendred for pay to be prized on the place if not determined by Law Folio p 26 s 6 Ministers Ordained free from all Taxes except c. Folio p 26 s 7 Children Youth Youth under 21 years of age being trusted by any without order in writing such persons shall lose their Debt Folio p â—7 S 4. Incurring any penalties such as are occasions thereof shall pay it ibid Children Orphans in minority not to be disposed off but by Authority except in Marriage Folio p 28 s 6 The minority of women in case of Marriage ibid. Under 14 years of age prophaning the Sabbath how punished See Sabbath Folio p 132 s 2 Chyrurgeons Midwives Phisitians Not to use any violence or force in their practise in any case without consent Folio P 28 Clerk of the Writts Clerks To keep Records of the Towns Brand-mark See Corn-fields Folio p 18 s 3 To grant Summons Attachments c. see Clerk of Writts P 29 s 1 His fees ibid To Record Horses shipt off See Horses Folio s 1 His fees ibid To Record Births Deaths and Marriages See Records Folio P 129 s 2 To make a return of the same yearly to Clerks of County Courts on penalty ibid To keep a Toll-book to enter all Cattle sold into See Tolling Folio P 147 Of Deputies To keep on file the Constables returns of Deputies See Deputies
ibid Who may send or not send ibid May chuse their Deputies in another County ibid. s. 2 May not chuse any person unqualified on penalty Folio 41.4 No person being a member of a Church not approved shall be made free see Ecclesiastical Folio 43. s. 2 And none else to put in Votes for Elections on penalty see Elections Folio 47. â— Putting in more then one Vote for one man the penalty ibid Not being at the Election may put in their Votes at home before the Deputy and Constable ibid s. 2 two or three with the Constable may receive Votes for Elections in case ibid In Towns to chuse a Commissioner to receive the Votes for Nomination of Magistrates and County Treasurer to the Shire Town and such persons to chuse a Commissioner among themselves to carry the Votes of that Shire to Boston Folio 48.3 Exempted from voting in all civil Assembies ibid. s. 5 Qualified according to Law may be made free ibid. s. 4. In Towns to set the price of workmens labour see Masters Folio 104.4 With others in Towns to dispose of Lands c. see Townships Folio 147.1 G Galloping IN Boston the penalty Folio p 57. Gaming and Dancing Not allowed in Ordinaries Folio 57.1 No common house for Gaming on penalty to House-keeper and Gamester ibid No Gaming for Money or any to be abettors to Gaming on penalty ibid No Dancing allowed in Ordinaries on penalty ibid Penalty for keeping Christmas c. Folio 58.2 Penalty for playing at Cards and Dice ib. s. 3 Penalty for wilful bringing in Cards Dice ibid s. 4. Involuntary free from penalty upon giving notice to a Magistrate or Commissioner ib. Persons that have played and inform thereof free from the penalty ibid. H Heresie SUndry Heresies and Errors obstinately persisted in after conviction to be punished with Banishment Folio 58.1 Witting and willing denyers of the Scriptures being 16 years of age how to be proceeded with Folio 59.2 Obstinate maintaining the said Opinions after recantation how punished ibid Muggleton's Books to be brought to a Magistrate on penalty Folio 60.3 The said Book to be burnt in Boston ibid Penalty on Masters of Ships that bring in Quakers ibid. s. 4 Such Masters to give security to carry them away or be imprisoned ibid Penalty on persons receiving concealing Quakers ibid Penalty on encouragement of Quakers Folio 61.5 Penalty for dispersing Quakers Books ibid Penalty for reviling Magistrates and Ministers ibid. s. 7 Publishers of Erronious Doctrine how punished ibid. s. 8. Quakers to be apprehended and how proceeded with ibid s 9. Any persons defending their Opinions and stirring up mutiny how to be proceeded with ibid Order against Vagabond Quakers Folio 62.10 Order against Vagabond Quakers only in force the rest suspended Folio 63.11 Hides See Leather High-wayes For the Country to be laid out most conveniently with advice of the next Towns Folio 64.1 Not to be laid through Orchards c. ibid To be 6 8 or 10 Rod broad ibid Any person endamaged by High-wayes to have recompence as therein is provided ibid Incumbrances in High-wayes to be removed Folio 65.3 Horses and Mares That are shipt off to be Recorded by Clerk of Writts Folio 65.1 No Master of any Vessel to receive any Horse or Mare aboard without a Ticket on penalty ibid No person to sell or dispose of any Horse-kind to any Indian on penalty ibid No Stone Horses to go on Commons but such as are approved by Select men ibid. s. 2 A Toll Book to be kept in every Town by Clerk of Writts Folio p 147 All Horsekinde and other Cattle bought to be Tolld on penalty ibid The manner how Cattle must be Tolld ibid Any person that hath lost Cattle may search the Toll Book ibid Hue and Cry The charge to be born by the procurers see Constables Folio 31.7 I Idle Persons SEE House of Correction Folio p. 67 Iesuites Forbidden to enter the Jurisdiction otherwise then the Law allows Folio p 67 The penalty on such and how to be proceeded with ibid Imposts on Liquors No Wines or Strong-waters to be landed before Entry on penalty of confiscation Folio p 67 Except what comes from England Folio 67.1 Goods confiscate how disposed of ibid Customes to be paid when Goods are landed ibid The Custome Master to have Deputies under him ibid Rates of Custome on Wines c ibid The Officers power and duty Folio 68.2 Masters or Merchants being strangers to pay 6. d. a Tun for Ships above 200 Tun and 6. s 8. d. for lesser Folio 69.3 All Mum Cyder Ale Beer to pay Excise ibid. s. 4 Explanation of Entry of Wines Folio 70.5 Customes of Wines c. to be paid in mony or the best of the Specie ibid Imposts on Goods and Provision All Goods imported not exempt by other Laws to be Ratable to the Country as other Estates Folio 70.1 Every Factor or Agent to pay 10 s. for every 100 l. imported ibid. s. 2. Every Master or Purser to certifie to the Collector the contents of his Lading before he break bulk c. ibid s 3 Every Collector to enter the several parcels and to whom consigned ibid s 4 Every one receiving any Goods to give in to the Collector the full value Folio 71.5 Any person denying or delaying payment the Collector may leavy the same by distresse ibid. s 6 The Collector may require and if need be distrain and none may refuseon penalty ib. Penalty of falsifying concealing or not producing Invoices of Goods ibid. s 7 Penalty on any bringing in Cattle and putting them to sale before notice given to the Officer ibid. s. 8. Penalty of Beaver c. brought in and sold or shipt before Entry ibid. S. 9. The Country Treasurer with those deputed by him under his Hand and Seal to attend the execution of the aforesaid Laws Folio p 71 72. S 10. All Officers imployed by him to be accountable to him at all times ibid Goods having paid Customes not to be ratable again that year being in the Owners hands ibid. s. 1. The Governour and Council or five Magistrates may give directions in any question that may arise about Customes ibid. s. 12 The Treasurers Office to have a Seal ibid No Master of Vessel to deliver any Goods brought in without Order from the Collector ibid. s. 13. The revenue of all Goods brougth in to Pascataqua to be paid in to the publick Treasury ibid. s 14. As also all Customes of Wines Goods and Powder for ships already received to be paid to the Publick Treasury ibid. s. 15. Goods belonging to the Inhabitants of Pascataqua to pay no Custome to the Treasurer Folio 73.16 Impresses No Workmen to be compel'd to work from home above a week together Folio 73.1 None to be compelled to publick service or work except the Presse be grounded on General Courts Act ibid. s. 2. Every person so pressed to have reasonable allowance for his service ibid Persons exempt from Office Warrs
in Courts of Assistants or General Court the President c. in other Courts see Courts Folio 35. 6 Vsury No man to pay above 8. per Cent. forbearance for a Debt Bills of Exchange excepted Folio p. 153 Usury Contrary to the Law of God not allowed ibid. W Watching VVHen Constables Watches shall begin and end Folio 154. 1 Who are lyable to Watches ibid Watches power and duty ibid Persons exempt from Watching Folio 155. 2. Weights and Measures Country Standards to be provided by the Treasurer Folio 155. 1 A Sealer of Weights and Measures to be in every Town ibid By whom to be chosen ibid to be sworn his Office and power ibid Neglect of Select-men Constable or Sealer the penalty ibid No man compellable to receive Corn Wood or Boards but by a sworn measurer Folio 156. 2. Wharfage Where it may be taken Folio 156. 1 The Rates allowed for Wharfage ibid Wharfage may be taken out of the Goods in case ibid Penalty of casting an Anchor c. in Boston Cove Folio 157. 2 Penalty of throwing Dung c. into the said Cove ib. s. 3. Wills VVho may make VVills Alienations c. see Ability Folio p 1. Penalty of Executors not proving VVills in time or entring on or disposing Estates see VVills Folio 157. 1. VVho may take Probate of VVills and grant Administration Folio 158. 2. Witnesses VVitnesses and parties concerned to attend Courts Adjournment see Adjournments Folio p. 38. Testimony of Gamesters good against others in case see Gamesters Folio 58. 4. No man to be put to death without 2 or 3 witnesses see VVitness Folio 158. 1 the testimony of a person of 14 years of age may be taken out of Court in any Case Civil or Criminal ib. s. 2. In what case such testimony shall be good ibid Such testimonies how to be disposed of by them that tkke them ib. VVitnesses in Capital cases to be present VVitnesses summoned to any Court not bound to appear in case Folio 159. 3. VVhat allowance witnesses shall have ibid VVitnesses in Criminal cases how paid ibid Delinquents to pay all charges ibid VVolves Every person English or Indian killing a VVolf to be paid 10. s. by the Treasurer Folio 159. 1 Encouragement for Indians to kill wolves Folio 160. 2. Every person killing a wolf to have 20. s. of the County and 10. s. the Town where it was killd ib. s. 3. VVood. The quantity how to be reckoned by the Boats Folio p. 160 A Cord of VVood what ibid VVorkmen Artificers in Harvest time compellable by the Constable to work Folio p. 161. Penalty on neglect of Constable or VVorkmen ibid VVrecks of the Sea No violence to be offered to the person or goods of such as suffer Shipwrack Folio p. 161 Any VVhale cast up to belong to the Country ibid VVritts All VVritts and Processes to go forth in His Majesties Name Folio p. 161. FINIS Several Laws and Orders made at the GENERAL COURT Holden at Boston the 15th of May 1672. And Printed by their Order Edward Rawson Secr. JVRIES VERDICT THis Court being desirous to prevent all Dissatisfaction and Inconveniencies that may arise in the Tryal of Civil Cases in Inferiour Courts sometimes happening by reason of Disagreement between the Bench and Jury formerly allowed by Law Do Order and Enact That henceforth in all County Courts after that the Bench have used all reasonable endeavours for clearing the case to the Jury by declaring the Law Juryes Vâ—rdict to be Read and not refused and comparing the matter of Fact and Damage proved therewith the Verdict of the Jury finally given shall be accepted and Judgement accordingly Entred And in like manner shall the proceeding be in the Court of Assistants unless upon apparent corruption or errour in the Jury giving in their Verdict contrary to Law or Evidence the party cast shall in open Court Attaint the Jury and give sufficient Bond and Sureties within twelve hours after the Verdict is accepted to prosecute the said Jury at the next Court of Assistants in an Action of Attaint in which Case Execution shall be respited Plainiff and Defendants liberty to Attaint the jury in Case and the Clerk of that Court shall Summon a Jury of twenty four Able and Discreet men chosen as the Law Directs to attend the service of the Court where the said Action of Attaint shall be tryed in the first place and if on tryall of the case there shall be found manifest Error or Mistake the party Complayning shall be Repayed his full damage from the other party to the Original Suit and if by the said Jury of twenty four there be found Bribery Conspiracie or other Corruption in the Jury attainted they shall be punished by Fine or Imprisonment proportionable to the degree of their Offence Juryes attainted how Tryed And if otherwise the twenty four Jurors shall acquit the former Jurors accused they shall be allowed double Costs from the party accusing and their Verdict and the Judgement of the former Court shall stand good and execution shall be Issued forth accordingly And that Clause in the Law allowing the Magistrates not to Concur with or refuse the Verdict of the Jury is hereby Repealed SVRETIES FOr Explanation of and Addition to the Lawâ— tit Sureties and goods Attached where it is provided that Sureties as well as Principalls shall be Responsible for one month to pay the Debt unless he or they Surrender the Principal into the hands of the Marshall or Deputy but no way provided in the said Law how the Suretyes may be compelled thereunto Where Bonds are forfeited the Case to proceed It is therefore Ordered and hereby Declared That in such Case the Party and Sureties being called and the Bond declared forfeited upon non-appearance the Case shall proceed to hearing and Judgement at the same Court as in case of the Defendants non-appearance upon Attachment of Goods Execution to Issue out agianst Suretyes And if the Case be found for the Plaintiff that Judgement be granted against him and his Suretyes and Execution be Issued out accordingly and to be in force against the Sureties as well as the Principall for one month after Judgement given as the said Law Intends No strong Liquor to Workmen VVHereas there have been sundry and frequent complaints preferred to this Court of Oppression by Excessive wages of Workmen and Labourers which notwithstanding the endeavours of this Court to redress such oppressions continue and further increase by a dangerous Imposition of such persons on those they work and labour for by demanding an allowance of Liquors or wine every day over and above their wages without which it is found by too sad experience many refuse to work Now forasmuch as such a practice of drinking liquors and wine tends much to the rooting young persons in an evil practise Law prohibiting Wine or strong Liquors to work â—men and by degrees to trayn them up to an habit of excess It is
Folio p. 120 Oppression What and how punished Folio p. 120. P Payments ALL Payments to be in Specie contracted for Folio 121. 2. Petitions Every Cause heard by General Court to pay the charges of the Court besides Entry Folio p. 121 When Petitions are to be received when not ibid Who may present Petitions without payment ibid Accompt of the number of Petitions to be signified to the Court as directed ibid Pipestaves Viewers of Staves Coopers staves to be called see Coopers Folio 17. 3 Two Viewers of Staves to be chosen in every Town where they are shipt off See Pipestaves Folio p. 122 The Viewers to be upon Oath their power ibid Assize of Staves ibid To keep accompt of Staves approved and for whom ibid Pipestaves shipt not approved forfeitable is Searchers fees for culling ibid Masters receiving Staves on board not cull'd the penalty ibid Refuse Staves not prohibited transportation ibid Poor Persons To be disposed of by Shire Courts or two Magistrates out of Court Folio 123. 1. Any person not excepted against within 3 moneths shall be reputed an Inhabitant in Towns where thy are ibid. s. 2 Any person excepted against and not removing nor complained against to the County Court by any Town the penalt ib Where persons cannot be settled in any Town the County Court may order their residence the charges to be paid by County Treasurer ibid Possession Title to Inheritances by Possession declared Folio p. 124 Porters To be allowed by Select-men and their Wages determined Folio p. 124 Plaintiffs and Defendants Plantiff asking advice of any that are to judg in his case may not prosecute his Action see Counsel Folio p. 34 In such case shall pay costs to the Desendant and so e contra ib. To attend Adjournments of Courts see Adjournments Folip p. 38. Not prosecuting their Actions at Court of Assistants to pay costs to the Defendant see Jurors Folio 87. 4. Not appearing the first forenoon of the Court to be Non suited ibid. s. 6. May make a new Entry in case ibid Defendant appearing in any Court having asked advice of any of the Judges being proved to pay 10. s. to the Plaintiffe see Counsel Folio P. 34. To attend Courts Adjournments See Adjournments Folio P. 38. To have Costs of the Plaintiffe not prosecuting his Appeal see Jurors Folio 87. 4. To have costs of a Plaintiffe upon a Non-suit ibid. s. 6. Pound Pound breach Every Town to have a sufficient Pound Folio 124 1. Any Pounding Swine or Cattle to give notice to owner or cause them to be cryed ibid Any Swine or Cattle escaping out of Pound the Owner to pay all damage ibid Owners of Cattle to pay damage or Replevin ibid No one to Rescue Cattle going to Pound on Penalty ibid. s. 2. Pound breach the Penalty ibid Harms done to any by Rescue to be made good ibid Owners of Cattle abettors in a Rescue their penalty ibid Powder All Powder Lead Shot c. imported to be Entred with the Notary on Penalty Folio 125 1. The Notary to keep a true accompt of such Goods ibid Not to grant Certificate to any in case on Penalty ibid The Captain of the Castle to signifie this Law to Masters and Merchants ib No Powder to be transported out of this Colony without license on Penalty Folio 126. 2. Prescription What Folio P. 126 Presidents Formes of Oaths c. Folio p. 102. Prisoners Who may be imprisoned see Arrests Folio 6.1 Maintenance declated ibid Not to be kept in Prison in case ibid Concealing Estate to be sold ibid Or under Bail for Crime to be tryed at the next Court that hath cognizance thereof See Courts Folio 38. 10. To be conveyed to Prison at their own charge if able see Prisoners Folio 126. 1. No Person to be helpful to any to break Prison on Penalty Folio 127. 4 Any Prisoner taking Oath he is not worth five Pounds to be discharged Folio 128. 5. Prison Keepers Discharged of Prisoners in case see Arrests Folio 6. 2. More see Courts Folio 128. 5. Danger Folio 7. 3. Liberty to take Baile ibid To receive Persons Committed for Drunkenness by Magistrate Commissioner or Select men see Inke epers Folio 81. 5. Suffering any to escape the Penalty see Prison Folio 127. 4. To Present a List of their Prisoners to the Courts to whom the Cognizance belongs Folio 128. 5. Costs for Prisoners maintenance to be determined by the Courts ibid House of Correction To be erected in every County at their charge Folio 127. 2. The Master to be appointed by Coun. Co. ibid. His Fees ibid Delinquents committed how to be punished ibid The Master not to discharge any committed but by Warrant ibid Priviledges Civil No man to suffer any punishment c. but by vertue of some Law established or the Word of God Folio P. 1. No man to be Imprisoned before the Law hath sentenced him in case see Imprisonment Folio p. 74 Any person may come to any publick meeting and present any necessary motion c see Liberties Common Folio 90. 1 Any person may remove out of the Jurisdiction if no legal impediment Folio 91. 3. Protestation How and in what case to be made Folio p. 128. Punishment No man shall be sentenced twice for one of fence Folio p. 129. No man to be punished with above forty stripes at one time ibid No man to be punished with whipping in case ibid No torture to be used before conviction ibid R Records ALL Evidences in any case to be given in Writing and kept on file Folio 129. 1. Every Parent c. to give the names of all born or dying to Clerk of Writts Folio 130. 2 Any person may Record Testimonies c. Folio 131. 3. Defacing of Records the penalty ibid Any Person may view or search Rolls Records of Court c. ibid Rolls Records c. that may be viewed interpreted ibid. Folio 5.4 Replevin Owners of Cattle impounded may Replevin them see Cattle Folio 18. 3. To be granted by the Clerk of Writts see Clerk of Writts Folio 28. 1. What may be Replevin'd when and by whom see Replevin Folio P. 132 S Sabbath PErsons absenting from publick meetings on the Lords day c. the penalty see Ecclesiastical Folio 45. 16. Prophaning of the Sabbath what see Sabbath Folio 132. 1. Youth Prophaning the Sabbath how punished ibid Persons above 14 years of age Prophaning the Sabbath how Punished ibid By the Lords day is meant day light ibid Drinking in Ordinaries after Sun set the penalty Folio 135. 2. Any Person not paying their fines or giving security to be corporally punished s. 3 Any doing servile work on the Lords day the penalty Folio 134. 4. What Travellers by Land or in Boats to be accounted Prophaners of the Sabbath ibid Saylors No In-keeper c. may Attach Arrest c. and Saylor for debt in case Folio p. 134. Salt In every Maritime Town a measurer of Salt aboard Ships to be chosen Folio